AGENDA
CHINO HILLS CITY COUNCIL
REGULAR MEETING
TUESDAY, DECEMBER 13, 2022
5:30 P.M. CLOSED SESSION
7:00 P.M. PUBLIC MEETING/PUBLIC HEARING
City CIVIC CENTER, CITY COUNCIL CHAMBERS
Chino Hills 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.ora/Aaendas. 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 to provide personal information in order to speak, except to the extent necessary for the City 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. Thank you.
CITY COUNCIL MEMBERS
PETER J. ROGERS, MAYOR
CYNTHIA MORAN, VICE MAYOR
ART BENNETT
BRIAN JOHSZ
RAY MARQUEZ
BENJAMIN MONTGOMERY MARK D. HENSLEY CHERYL BALZ CITY MANAGER CITY ATTORNEY CITY CLERK
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5:30 P.M. - CALL TO ORDER / ROLL CALL
1. PUBLIC COMMENTS: At this time members of the public may address the City Council regarding any items appearing on the Closed Session agenda. Those persons wishing to address the City Council are requested to complete and submit to the City Clerk a "Request to Speak" card available at the entrance to the City Council Chambers. Comments will be limited to three minutes per speaker.
RECESS INTO CLOSED SESSION
CLOSED SESSION
2. Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) Existing Litigation - City of Chino Hills v. The Dow Chemical Company et.al. - Case No. CIVDS 2024219
3. Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(2) Significant Exposure to Litigation (1 Case)
4. Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(4) Initiation of Litigation (1 Case)
7:00 P.M. - CONVENE MEETING / ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG
INVOCATION: Chaplain Robert Hilton, San Bernardino County Sheriff's Department
5. NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION: Adopt a Resolution reciting the fact of the General Municipal Election held on November 8, 2022, declaring the result and such other matters as provided by law
6. OATH OF OFFICE - Administration of the Oath of Office to Ray Marquez (District 1), Peter J. Rogers (District 2), and Brian Johsz (District 4) for terms ending November 30, 2026
PRESENTATIONS
7. OUTGOING MAYOR - Presentation to outgoing Mayor Ray Marquez for his dedicated service as Mayor from December 1, 2021, through November 30, 2022
8. CHINO VALLEY COMMUNITY CHOIR - Choir Ensemble: Performance of holiday music
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION
9. 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. 2/674
CITY DEPARTMENT BUSINESS
CONSENT CALENDAR (20 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.
10. Approve November 22, 2022, City Council Meeting Minutes
11. Receive and file City Official Report for period of September 13 through December 12, 2022
12. Receive and file Monthly Financial Report for month ended October 31, 2022
13. Receive and file Investment Report for month ended November 30, 2022
14. Adopt 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" - Second Reading (Introduced November 22, 2022)
15. Authorize execution of Amendment No. 4 to License Agreement No. A03-109 with T- Mobile West LLC (successor in interest to Sprint PCS Assets, L.L.C.) for Wireless Zoning Clearance 21 WZC07 to remove existing Sprint antennas and equipment and replace with T-Mobile's antennas and equipment within same configuration of existing equipment at 6301 Mystic Canyon Drive for Mystic Canyon Water Tank #R13, APN No. 1033-181-36
16. Authorize execution of Amendment No. 3 to Agreement No. A98-57 with VB Run, LLC to convert existing Sprint wireless facility to T-Mobile facility by removing six antennas, nine radios and associated equipment, installing four antennas, six radios, one enclosure with one equipment cabinet and one battery cabinet and associated equipment pursuant to conditions of approval set forth in Wireless Zoning Clearance No. 21WZCO8
17. Approve position reclassifications, job descriptions, and salary ranges for following positions: Senior Administrative Assistant, Senior Human Resources Technician, and Information Technology Technician I/II
18. Revise Section 1.6 - Appointment of Chairs and Vice Chairs for all Boards and Commissions and adopt new policy, Section 8.9 - Bid Protest Process for Public Construction Contracts and approve update into Administrative Policies and Procedures Manual
19. Accept award of 2020 Permanent Local Housing Allocation funding allocation in amount of $275,556 and adopt budget amendment resolution for Fiscal Year 2022- 23 increasing Miscellaneous Grants Fund Budget by $275,556 for feasibility studies for development of Eucalyptus Senior Housing Project
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20. Authorize execution of five-year agreement with Hinderliter De Llamas & Associates (HdL) at approximately $100,000 per year for total contract amount not-to-exceed $500,000 to provide Business License and Transient Occupancy Tax administration services
21. Review and file Annual Development Impact Fee Financial Report for Fiscal Year 2021-22; adopt schedule confirming Parkland (Quimby in-lieu) Fee is committed to rehabilitating existing park facilities at Torrey Pines Park; and adopt resolution making five-year findings for unexpended development fees and reviewing and accepting Annual Development Impact Fee Financial Report and finding that actions proposed in resolution are not projects under California Environmental Quality Act
22. Authorize execution of Amendment No. 1 to Agreement No. A2020-011 with Willdan Financial Services extending termination date to January 28, 2024, with an additional one-year renewal option to continue providing landscape and lighting district consultant services
23. Adopt a resolution to initiate street vacation proceedings to vacate a portion of Peyton Drive between Morningfield Drive and Eucalytpus Avenue and set Public Hearing for 7:00 p.m. on January 10, 2023, to receive protests and public comment
24. Adopt budget amendment resolution for Fiscal Year 2022-23 increasing Sewer Utility Fund Budget by $18,000 and authorize execution of Amendment No. 1 to Agreement No. A2019-002 with RBC Resources increasing annual not-to-exceed amount to $193,000 for representation at water and sewer meetings through June 30, 2023
25. Adopt budget amendment resolution for Fiscal Year 2022-23 increasing Equipment Maintenance Fund Budget by $15,569.18 for replacement of a 2006 GMC 4x4 Truck Unit #5069; find exception to competitive bidding procedures under Chino Hills Municipal Code (CHMC) Section 3.16.110.E applies because National Auto Fleet Group and PB Loader Corporation have existing contracts through Sourcewell and procurement process is substantially similar to CHMC Chapter 3.16 - Purchasing System; authorize issuance of three purchase orders: (1) in amount of $52,208.17 to National Auto Fleet Group utilizing Cooperative Purchase Agreement 060920-NAF for purchase of one 2023 Ford Super Duty F250 4WD Regular Cab Pick-Up Truck, (2) in amount of $228,439.42 to Velocity Vehicle Group dba TransWest Truck Center, an authorized dealer for PB Loader Corporation, utilizing Cooperative Purchase Agreement 080521-PBL for purchase of 2024 Freightliner Compressed Natural Gas (CNG) 12 foot Dump Truck, and (3) in amount of $296,697.43 to Velocity Vehicle Group dba TransWest Truck Center, utilizing Cooperative Purchase Agreement 080521-PBL for purchase of 2024 Freightliner CNG 16 foot Dump Truck for use by Public Works Streets and Sanitation Divisions
26. Adopt budget amendment resolution for Fiscal Year 2022-23 increasing budget in various funds by $281,057; authorize execution of five-year agreement with Mariposa Landscapes, Inc., in amount not-to-exceed $10,874,200.00 to provide landscape maintenance services in north service area; and authorize execution of five-year agreement with Excel Landscape, Inc., in amount not-to-exceed $10,386,504.95 to provide landscape maintenance services in south service area and for City-wide water facility sites
27. Authorize execution of agreement with Rivers and Lands Conservancy in amount not-to-exceed $46,396 for Long Term Conservation Easement Management Assessment Services for English Channel Habitat Mitigation Project 4/674
28. Find exception to competitive bidding procedures under Chino Hills Municipal Code (CHMC) Section 3.16.110.E applies because GameTime has existing contract through OMNIA Partners (formerly U.S. Communities) and procurement process is substantially similar to CHMC Chapter 3.16 - Purchasing System; waive requirement in CHMC Section 3.16.110.E that cooperative purchasing contracts be made within last 36 months and accept current contract between OMNIA Partners and GameTime because GameTime offers the best pricing and will provide consistency within the City's parks/playgrounds currently provided by GameTime pursuant to CHMC Section 3.16.110.G; and authorize issuance of purchase order to GameTime utilizing Cooperative Purchase Contract #2017001134 in amount of $194,074.51 for purchase of playground equipment for Calle San Marcos Park
29. Approve Most Dependable Fountains, Inc., as sole source provider per Chino Hills Municipal Code Section 3.16.110.E and authorize issuance of purchase order in amount of $87,159.10 for purchase of 24 bottle filler stations with attached pet fountains
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.
30. Adopt resolution adopting 2022 Conflict of Interest Code in accordance with Political Reform Act to reflect changes occurring since the last biennial review
31. Introduce Ordinance entitled: "An Ordinance of the City of Chino Hills Amending Chapter 2.08 (City Manager) to Modify Contracting Authority, Adding Chapter 2.26 - (Department Directors) to Designate Acting Department Directors, Amending Chapter 3.18 (Contracting System) to Modify Exceptions to Competitive Bidding Limits, Sole Source, Emergency, Urgent Services and Cooperative Services and Amending Chapter 3.20 (Public Construction Contract Bidding System) to Clarify Process for Bidding for Public Projects, Add Design Build Procurement Process and Electronic Transmission of Notice of Bids and Determining This Project is Exempt From Review Under the California Environmental Quality Act," for first reading by title only and waiving further reading; adopt resolution delegating authority to Public Works Director to execute and cause to be recorded Notices of Completion for all public projects contracts; add "Section 8.1 - Contract Compliance" into Administrative Policies and Procedures Manual; and remove "Section II Contract Compliance Policy and Procedures" in Procurement Policy and Procedures Manual
32. Introduce Ordinance entitled: "An Ordinance of the City of Chino Hills Amending Chapter 3.16 (Purchasing System) to Better Define the Purchasing Agent Position and Responsibilities, Increase the Thresholds for Open Market Purchases and Informal and Formal Bidding Requirements, Add Sections for Change Orders and Compliance With Federal Requirements and Determining This Project is Exempt From Review Under the California Environmental Quality Act," for first reading by title only and waiving further reading; and remove "Section I - General Purchasing Policy and Procedure" in Procurement Policy and Procedures Manual; add "Section
8.6 - Purchasing" and approve updates to "Section 8.8 - Surplus Property" in Administrative Policies and Procedures Manual
ITEMS INITIATED BY COUNCIL
33. Assign Council Members to various Committees/Commissions/Boards 5/674
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.
34. Adopt resolution ratifying Chino Valley Independent Fire District Ordinance No. 2022- 03, adopting by reference and amending 2022 California Fire Code and 2021 International Fire Code pertaining to building and safety standards for application within jurisdictional boundaries of City and delegating enforcement of said ordinance to District Chief; adopt 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; and find that adoption of proposed resolution and ordinance above are exempt from review under California Environmental Quality Act - Second Reading (Introduced November 22, 2022)
PUBLIC INFORMATION OFFICER REPORT
SAFETY UPDATES - Police and Fire
COUNCIL REPORTS
Mayor Rogers
• Chino Desalter Authority Board
Vice Mayor Moran
• Omnitrans Board
Council Member Johsz
• West Valley Mosquito and Vector Control District Board Council Member Marquez
• California Institution for Men and Women Citizen Advisory Committees • San Bernardino County Transportation Authority
o Board of Directors
• Southern California Regional Rail Authority Committee (Metrolink)
COUNCIL COMMENTS
ADJOURN IN MEMORIAM AND IN HOPE: Adjourn in tribute and honor of those who serve and have served in the Armed Forces at home and abroad. Their sacrifice and strength protect the goals and ideals that have made this Country great. 6/674
City of
Chino Hills
CITY OF CHINO HILLS
CITY COUNCIL
DECLARATION OF POSTING NOTICE
Wendi Gensel 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 December 13, 2022, next to the Council Chambers, 14000 City Center Drive, Chino Hills, California, not less 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 December 8, 2022, at Chino Hills, California.
CITY OF CHINO HILLS
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'�IVddi G sel
Deputy y Clerk II