A G E N D AA G E N D A
CHINO HILLS CITY COUNCIL
REGULAR MEETING
TUESDAY, NOVEMBER 22, 2022
7:00 P.M. PUBLIC MEETING/PUBLIC HEARINGS
CIVIC CENTER, CITY COUNCIL CHAMBERS
14000 CITY CENTER DRIVE, CHINO HILLS, CALIFORNIA
This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the agenda unless the City Council makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the City subsequent to the posting of the agenda. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection in the Office of the City Clerk, in the public binder located at the entrance to the Council Chambers while the meeting is in session, and on the City's website at www.chinohills.org/Agendas. Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Office of the City Clerk at 14000 City Center Drive, Chino Hills, CA during normal business hours.
Speaker Cards - Those persons wishing to address the City Council on any matter, whether or not it appears on the agenda, are requested to complete and submit to the City Clerk a "Request to Speak" card available at the entrance to the City Council Chambers. In accordance with the Public Records Act, any information you provide on this form is available to the public. You are not required toYou are not required to provide personal information in order to speak, except to the extent necessary for the Cityprovide personal information in order to speak, except to the extent necessary for the City Clerk to call upon you. Clerk to call upon you. Comments will be limited to three minutes per speaker.
Emails and documents submitted will be considered a public document subject to posting on the City's website and are subject to the Public Records Act.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in the Council meeting, please contact the City Clerk's Office, (909) 364-2620, at least 48 hours prior to the meeting to enable the City to make reasonable arrangements.
PLEASE SILENCE ALL ELECTRONIC DEVICES WHILE COUNCIL IS IN SESSION. ThankPLEASE SILENCE ALL ELECTRONIC DEVICES WHILE COUNCIL IS IN SESSION. Thank you. you.
CITY COUNCIL MEMBERS
RAY MARQUEZ, MAYOR
PETER J. ROGERS, VICE MAYOR
ART BENNETT
BRIAN JOHSZ
CYNTHIA MORAN
BENJAMIN MONTGOMERY MARK D. HENSLEY CHERYL BALZ
CITY MANAGER CITY ATTORNEY CITY CLERK
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7:0 0 P.M. - CONVENE MEETING / ROLL CALL7:00 P.M. - CONVENE MEETING / ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG
INVOCATION: Deacon John Terry, Calvary Chapel
CITY COUNCIL REORGANIZATION
Select Mayor and Vice Mayor for terms of December 1, 2022 through November 30, 2023
PRESENTATIONS
1. INTRODUCTION - New employees: Matthew Cordova, Code Enforcement Officer, City Manager's Department; and Tari Pena, Assistant Planner, Community Development Department
2. PROCLAMATION - Proclaiming Chino Hills as a Purple Heart City
3. PROCLAMATION - Proclaiming November 20-26, 2022, as National Family Week
4. RECOGNITION - Presentation of the Celebrate the Family-Healthy Cities Poster/Essay Writing Contest Winners
Kindergarten
Kayla Lin Loving Savior of the Hills
Penelope Juan Loving Savior of the Hills
Alina Valdiviejo Loving Savior of the Hills
Grades 1 - 3
Alex Hong Wickman Elementary School
Kaira Gupta Country Springs Elementary School
Bella Zhang Gerald F. Litel Elementary School
Grades 4 - 6
Johnathon Bao Loving Savior of the Hills
Chloe Sun Wickman Elementary School
Harmony Flores Oak Ridge Elementary School
Grades 7 - 8
Isabella Salazar Loving Savior of the Hills
Bradyn Huntley Loving Savior of the Hills
Chloe Nguyen Loving Savior of the Hills
5. PRESENTATION - General State and Federal Legislative Updates
6. PRESENTATION - Chino Valley Chamber of Commerce - Accomplishments 2022 2/918
7. PUBLIC COMMENTS: At this time members of the public may address the City Council regarding any items within the subject matter jurisdiction of the Council, whether or not the item appears on the agenda, except testimony on Public Hearing items must be provided during those hearings. Please complete and submit to the City Clerk a "Request to Speak" card. Comments will be limited to three minutes per speaker.
CONFLICT OF INTEREST ANNOUNCEMENTS: Council Member abstentions shall be stated at this time for recordation on the appropriate item.
CITY DEPARTMENT BUSINESSCITY DEPARTMENT BUSINESS
CONSENT CALENDAR (14 ITEMS) -CONSENT CALENDAR (14 ITEMS) - All matters listed on the Consent Calendar are considered routine by the City Council and may be enacted by one motion in the form listed below. There will be no separate discussion of these items unless, before the City Council votes on the motion to adopt, Members of the City Council or staff request the matter to be removed from the Consent Calendar for separate action. Removed consent items will be discussed immediately after the adoption of the balance of the Consent Calendar.
8. Approve October 25, 2022, City Council Meeting Minutes
9. Ratify payments over $25,000 totaling $5,796,423.63 for month ended October 31, 2022
10. Receive and file Monthly Financial Report for month ended September 30, 2022
11. Receive and file Investment Report for month ended October 31, 2022
12. Approve execution of Assignment and Assumption Agreement with Sprint PCS Assets, L.L.C. and T-Mobile West LLC to assign Sprint's interest, rights, burdens, and obligations in License Agreement No. A03-109 to T-Mobile to operate wireless communications site on City's real property located at Mystic Canyon Water Tank #R13, APN No. 1033-181-36
13. Adopt resolution determining one city-owned parcel located at 3295 Eucalyptus Avenue on southwest corner of Eucalyptus Avenue and Peyton Drive, Assessor Parcel Number 1032-221-05 to be exempt surplus land pursuant to Government Code Section 54221(f)(1)(A) and determining project is exempt from review under California Environmental Quality Act
14. Introduce Ordinance entitled: "An Ordinance of the City of Chino Hills, Adopting by Reference and Amending the 2022 Edition of the California Fire Code With Errata, and the 2021 International Fire Code Regulating and Governing the Safeguarding of Life and Property From Fire and Explosion Hazards, Hazardous Materials, and From Conditions Hazardous to Life or Property in the Occupancy of Buildings and Premises; Providing for the Issuance of Permits and Collection of Fees; and Repealing and Replacing Chapter 8.16 of the City of Chino Hills Municipal Code in its Entirety" for first reading by title only, waive further reading, and set public hearing for adoption of Ordinance for December 13, 2022 at 7:00 p.m.
15. Adopt budget amendment resolution for Fiscal Year 2022-23 increasing budget in various funds by $5,703,682.53 based on first quarter budget review 3/918
16. Receive and file annual reports for Community Facilities District Nos. 1, 2, 4, 5, 6, 8, 9 and 10 pursuant to Government Code Section 53411 and adopt resolutions establishing special taxes for 2023 calendar and 2023-24 Fiscal Years
17. Receive and file Annual Comprehensive Financial Report for Fiscal Year ended June 30, 2022
18. Authorize execution of five-year agreement with Chandler Asset Management, Inc. in amount up to $200,000 per year for an amount not-to-exceed $1,000,000 over five years to provide investment management and advisory services
19. Receive and file City of Chino Hills Local Roadway Safety Plan
20. Accept Well 15 project by Purolite, an Ecolab Company as complete and authorize City Clerk to record Notice of Completion
21. Approve Change Order No. 2 to Agreement No. A2022-015 with Gentry Brothers Inc., in amount of $100,510.58; adopt budget amendment resolution for Fiscal Year 2022-23 increasing Measure I Fund Budget by $102,000; accept Los Serranos Infrastructure Improvements Safe Routes to School (East) Project as complete; authorize City Clerk to record Notice of Completion; adopt resolution authorizing submittal of claim to San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act Article 3 Funds in the amount of $249,997 for the Los Serranos Infrastructure Improvements Safe Routes to School (East) Project; and file final claim with SBCTA for Transportation Development Act grant DISCUSSION CALENDAR -DISCUSSION CALENDAR - This portion of the City Council Agenda is for all matters where staff and public participation is anticipated. Please complete and submit a speaker card to the City Clerk. Comments will be limited to three minutes per speaker.
22. Adopt resolution terminating local emergency declared as a result of the COVID-19 Pandemic and determining the resolution is exempt from review under California Environmental Quality Act, provide direction related to fees for garage and yard sale permits, and take related actions that may be necessary
23. Approve Children's Library Project at James S. Thalman Chino Hills Branch Library to renovate and reimagine the children's section to incorporate a space travel theme inspired by retired NASA astronaut Dr. Jose Hernandez
24. Approve 2023 City Event Calendar dates
PLANNING COMMISSION MATTERS -PLANNING COMMISSION MATTERS - This portion of the City Council Agenda is for matters from the November 15, 2022 Planning Commission Meeting. No action is required unless two members of the City Council wish to request a review of the matter, in accordance with Section 16.58.070 of the Chino Hills Municipal Code. Expiration of the public appeal period on Planning Commission Item(s) 5a and 7a is November 29, 2022, 5:30 p.m.
25. Design Review No. 489 - 15478 Esther Street, Yuling Han on behalf of New Horizon Investment Group, LLC, applicant: The Planning Commission adopted a resolution approving Design Review No. 489 for the development of one single-family residence at 15478 Esther Street and determining the project is exempt from review under the California Environmental Quality Act, subject to Conditions of Approval 4/918
26. Site Plan Review 22SPR02 and Conditional Use Permit 22CUP01 - 3260 Chino Avenue, The Fielder Group representative for Iwatani Hydrogen Chino Hills, applicant: The Planning Commission adopted a resolution approving Site Plan Review 22SPR02 and Conditional Use Permit 22CUP01 for a new Hydrogen Fuel Facility located within the 76/Circle K (Crossroads Entertainment Center) at 3260 Chino Avenue and finding the project is exempt from review under the California Environmental Quality Act, subject to Conditions of Approval PUBLIC HEARING -PUBLIC HEARING - This portion of the City Council Agenda is for all matters that legally require an opportunity for public input. Please complete and submit a speaker card to the City Clerk. Comments will be limited to three minutes per speaker.
27. Adopt an Ordinance entitled: An Ordinance of the City of Chino Hills, Repealing Chapter 15.04 of Title 15 of the City of Chino Hills Municipal Code and Establishing a New Chapter 15.04 of Title 15 Adopting by Reference and Amending the 2022 Editions of the California Building Code Volumes 1 and 2; 2022 California Plumbing Code; 2022 California Mechanical Code; 2022 California Electrical Code; 2022 California Residential Code; 2022 California Energy Code; and 2022 California Green Building Standards Code with Appendices and Amendments Thereto - Second Reading (Introduced October 25, 2022)
28. Authorize City Manager to execute Communications License Agreement with AT&T in estimated annual lease amount of $59,153.18 subject to annual CPI increase for five-year term, renewable every five years up to 30 years for City-Owned Open Space at 4740 Soquel Canyon/Butterfield Trail between Soquel Canyon Parkway and Torrey Pines Drive ("location") subject to negotiation by City Manager and approval to form by City Attorney; adopt resolution approving Wireless Conditional Use Permit No. 21WCUP01 for development of an AT&T Wireless Communications Facility in City-Owned Open Space at "location" and approving height adjustment up to 44 feet 4 inches pursuant to Chino Hills Municipal Section 16.44.060(F) and determining project is exempt from review under the California Environmental Quality Act; alternatively decline to enter into Communications License Agreement with AT&T and adopt resolution denying as moot (1) an application for Wireless Conditional Use Permit No. 21WCUP01 for development of an AT&T Wireless Communications Facility in City-Owned Open Space at "location" and (2) denying as moot a request for a height adjustment up to 44 feet 4 inches pursuant to Chino Hills Municipal Section 16.44.060(F) and (3) determining project is exempt from review under the California Environmental Quality Act; and direct staff to return with discussion as to whether City Council wants to continue opening its open space land to major wireless facilities and set criteria that Council prefers
29. Introduce Ordinance entitled: "An Ordinance of the City of Chino Hills, Adding Chapter 10.38 to Title 10 (Vehicles and Traffic) of the Chino Hills Municipal Code to Impose Vehicle Axle Limitations to Prohibit Vehicles With More Than Four Axles to be Operated on Carbon Canyon Road (State Route 142) and Finding the Ordinance Exempt From Review Under the California Environmental Quality Act" for first reading by title only and waiving further reading
PUBLIC INFORMATION OFFICER REPORT
SAFETY UPDATES - Police and FireSAFETY UPDATES - Police and Fire 5/918
COU NCIL REPORTSCOUNCIL REPORTS
Mayor MarquezMayor Marquez
League of California Cities
Inland Empire Division Executive Committee
Latino Caucus Legislative Committee
San Bernardino County Transportation Authority
Board of Directors
General Policy Committee
Metro Valley Study Session
Transit Committee
Southern California Association of Governments
Legislative Communications and Membership Committee
Regional Council
Transportation Policy Committee
Southern California Regional Rail Authority (Metrolink) Board Tres Hermanos Conservation Joint Powers Authority Board Vice Mayor RogersVice Mayor Rogers
Chino Basin Desalter Authority Board
Chino Hills Community Foundation Board
Water Facilities Authority Board
Council Member BennettCouncil Member Bennett
Chino Valley Chamber of Commerce Board
Chino Valley Independent Fire District Board
Council Member JohszCouncil Member Johsz
West Valley Mosquito and Vector Control District Board
Council Member MoranCouncil Member Moran
Chino Valley Unified School District Board
Omnitrans Board
Southern California Association of Governments
Energy and Environment Policy Committee
Resilience and Conservation Subcommittee
COUNCIL COMMENTSCOUNCIL COMMENTS
ADJOURN IN MEMORIAM: ADJOURN IN MEMORIAM: Adjourn in memory of Donald "Bubba" Rhoades, Chief Engineer of The Shoppes at Chino Hills who passed away on November 9, 2022 at the age of 54.
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CITY OF CHINO HILLS
CITY COUNCIL
DECLARATION OF POSTING NOTICE
Lynnae Sisemore states and declares as follows:
I hereby certify under penalty of perjury under the laws of the State of California, that I posted the Agenda of the City Council for the meeting scheduled for November 22, 2022, next to the Council Chambers, 14000 City Center Drive, Chino Hills, California, not Tess than 72 hours prior to the meeting.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on November 17, 2022, at Chino Hills, California.
CITY OF CHINO HILLS
L n ae Sisemore
Assistant City Clerk