2022-250
MINUTES
CITY COUNCIL
CITY OF CHINO HILLS
DECEMBER 13, 2022
REGULAR MEETING
Mayor Rogers called the Closed Session to order 5:30 p.m. and requested City Clerk Balz to call roll.
PRESENT: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
PETER ROGERS
CYNTHIA MORAN
ART BENNETT
BRIAN JOHSZ
RAY MARQUEZ
NONE
ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER
ELIZABETH CALCIANO, CITY ATTORNEY
CHERYL BALZ, CITY CLERK
PUBLIC COMMENTS
There were no public comments.
RECESS TO CLOSED SESSION
Mayor Rogers declared the meeting recessed at 5:30 p.m. for Closed Session.
City Clerk Balz did not attend this portion of the meeting.
EXISTING LITIGATION
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.
SIGNIFICANT EXPOSURE TO LITIGATION
Conference with Legal Counsel pursuant to Government Code Section 54956.9 (d)(2) Significant Exposure to Litigation (1 case).
INITIATION OF LITIGATION
Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(4) Initiation of Litigation (1 case).
CLOSED SESSION RECESS
Mayor Rogers recessed the Closed Session at 6:30 p.m.
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CONVENE MEETING AND ROLL CALL
Mayor Rogers called the meeting to order at 7:00 p.m. and requested City Clerk Balz to call roll.
PRESENT: COUNCIL MEMBERS: PETER ROGERS
CYNTHIA MORAN
ART BENNETT
BRIAN JOHSZ
RAY MARQUEZ
ABSENT: COUNCIL MEMBERS: NONE
ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER
ELIZABETH CALCIANO, ASSISTANT CITY ATTORNEY
CHERYL BALZ, CITY CLERK
DANIEL BOBADILLA, PUBLIC WORKS DIRECTOR
CHRISTA BUHAGIAR, FINANCE DIRECTOR
JOE DESOTO, BATTALION CHIEF, CHINO VALLEY FIRE
DISTRICT
BRANDON FONACIER, COMMUNITY RELATIONS ANALYST II
NICOLE FREEMAN, PUBLIC INFORMATION OFFICER
GARTH GOODELL, CHIEF OF POLICE, CHINO HILLS
ROD HILL, ASSISTANT CITY MANAGER
JOANN LOMBARDO, COMMUNITY DEVELOPMET DIRECTOR
JONATHAN MARSHALL, COMMUNITY SERVICES DIRECTOR
LYNNAE SISEMORE, ASSISTANT CITY CLERK
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by former San Bernardino County Supervisor Gary Ovitt.
INVOCATON
Led by Chaplain Robert Hilton, San Bernardino County Sheriff's Department.
GENERAL MUNICIPAL ELECTION [7:03:03]
City Clerk Balz gave a brief overview of the staff report, which is on file in the City Clerk's Office.
On a motion made by Council Member Bennett and seconded by Council Member Marquez the City Council adopted Resolution No. 2022R-104 of the City of Chino Hills, Reciting the Fact of the General Municipal Election held on November S, 2022,
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Declaring the Result and Such Other Matters as Provided by Law, as outlined in the written staff report.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
OATH OF OFFICE [7:03:46]
Barbara Marquez administered the Oath of Office to Council Member Marquez (District 1), San Bernardino County Supervisor Hagman administered the Oath of Office to Mayor Rogers (District 2), and former San Bernardino County Supervisor Gary Ovitt administered the Oath of Office to Council Member Johsz (District 4) during the meeting, all for terms ending November 30, 2026.
PRESENTATIONS
OUTGOING MAYOR - MARQUEZ [7:08:59]
Mayor Rogers presented a jacket with the Chino Hills logo on it to outgoing Mayor Marquez for his dedicated service as Mayor from December 1, 2021, through November 30, 2022. Council Member Marquez thanked his fellow colleagues and City staff for the recognition and spoke about his most memorable events throughout the year.
A bouquet of flowers was presented to Barbara Marquez in appreciation of her support of Council Member Marquez's service as Mayor.
Certificates of Recognition were personally presented by San Bernardino County Supervisor Hagman, John Ding representing Congresswoman Kim, and Nathan Bass representing Senator Newman and Mayor Rogers presented a Certificate of Recognition on behalf of Assemblyman Chen to outgoing Mayor Marquez.
CHINO VALLEY COMMUNITY CHOIR ENSEMBLE [7:24:02]
City Clerk Balz introduced the Chino Valley Community Choir Ensemble who performed Holiday music.
RECESS TO HOLIDAY RECEPTION
Mayor Rogers recessed the meeting at 7:35 p.m. to the Holiday Reception.
RECONVENE MEETING
Mayor Rogers reconvened the meeting at 7:45 p.m.
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION [7:36:09] Assistant City Attorney Calciano reported that last month, the City settled the lawsuit it had filed against Dow Chemical Company and Shell Oil. That lawsuit had sought
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damages and other relief related to the alleged contamination of the City's drinking water supplies and water wells with the chemical 1,2,3-Trichloropropane.
PUBLIC COMMENTS [7:36:45]
Julia Cabrera, Chino Valley Chamber of Commerce reported about Upskill Chino Valley and the Student Pitch Competition winner that was from Ruben S. Ayala High School and spoke about the next Leadership Collaborative that will be in Chino Hills and announced the first Job Fair of the year to be held on January 25th from 11:00 a.m. to 4:00 p.m. at the Community Center.
Council Member Johsz returned to the dais at 7:51 p.m.
CONFLICT OF INTEREST ANNOUNCEMENTS [7:39:22]
There were no conflict of interest announcements to record.
CITY DEPARTMENT BUSINESS
CONSENT CALENDAR [7:39:33]
City Clerk Balz announced that Item Nos. 11, pertaining to the City Official Report and 25, pertaining to vehicle purchases had revised attachments after the posting of the agenda which were distributed on the dais and placed in the public book prior to the meeting.
Mayor Rogers announced the Consent Calendar and asked Council if there were any items to pull.
Mayor Rogers announced that Item Nos.14, pertaining to vehicle axle limitations, and 26, pertaining to landscaping services were pulled from the Consent Calendar for discussion and separate votes.
A motion was made by Council Member Johsz and seconded by Council Member Bennett to approve the following Consent Calendar items with revisions:
MINUTES
The City Council approved the November 22, 2022, City Council Regular Meeting Minutes, as presented.
CITY OFFICIAL REPORT
The City Council received and filed the City Official Report for the period of September 13 through December 12, 2022, as presented.
MONTHLY FINANCIAL REPORT
The City Council received and filed the monthly Financial Report for the month ended October 31, 2022, as presented.
INVESTMENT REPORT
The City Council received and filed the Investment Report for the month ended November 30, 2022, as presented.
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AGREEMENT AMENDMENT - COMMUNICATIONS EQUIPMENT CONVERSION - 6301 MYSTIC CANYON (WATER TANK #R13)
The City Council authorized the 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.) to convert the existing Sprint facility to a T-Mobile facility by removing four antennas, 18 Remote Radio Units (RRUs), three equipment cabinets, and associated cables and equipment and installing four antennas, four RRUs, three equipment cabinets, changing out the equipment in the remaining cabinet and associated cables and equipment pursuant to conditions set forth in Wireless Zoning Clearance 21 WZC07 at 6301 Mystic Canyon (Water Tank #R13).
AGREEMENT AMENDMENT - COMMUNICATIONS EQUIPMENT CONVERSION - 15100 AQUEDUCT LANE
The City Council authorized execution of Amendment No. 3 to Agreement No. A98-57 with VB Run, LLC to convert an existing Sprint wireless facility to a 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. 21 WZC08 at 15100 Aqueduct Lane.
POSITION RECLASSIFICATIONS - JOB DESCRIPTIONS - SALARY RANGES The City Council approved position reclassifications, job descriptions, and salary ranges for the following positions: Senior Administrative Assistant, Senior Human Resources Technician, and Information Technology Technician 1/11, as presented in the written staff report.
ADMINISTRATIVE POLICIES AND PROCEDURES MANUAL UPDATE AND
ADDITION
The City Council approved updates to the Administrative Policies and Procedures Manual to revise Section 1.6 - Appointment of Chairs and Vice Chairs for all Boards and Commissions and to adopt a new policy Section 8.9 - Bid Protest Process for Public Construction Contracts.
2020 PERMANENT LOCAL HOUSING ALLOCATION PROGRAM (PLHA) FUNDING
RESOLUTION ADOPTED
The City Council (1) accepted the award of the 2020 Permanent Local Housing Allocation Program (PLHA) funding allocation in the amount of $275,556; and (2) adopted Resolution No. 2022R-105 of the City of Chino Hills, Adopting a Budget Amendment for Fiscal Year 2022-23 Increasing the Miscellaneous Grants Fund Budget by $275,556 for Feasibility Studies for the Development of Eucalyptus Senior Housing Project.
AGREEMENT - BUSINESS LICENSE AND TRANSIENT OCCUPANCY TAX
ADMINISTRATION SERVICES
The City Council authorized execution of a five-year Agreement No. A2022-264 with Hinderliter De Llamas & Associates to provide Business License and Transient
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Occupancy Tax (TOT) administration services estimated at $100,000 per year for a total contract amount not -to -exceed $500,000.
FISCAL YEAR 2021-22 ANNUAL DEVELOPMENT IMPACT FEE FINANCIAL
REPORT - RESOLUTION ADOPTED
The City Council (1) reviewed and filed the Annual Development Impact Fee Financial Report for Fiscal Year 2021-22; (2) adopted a schedule attached as Section 4 to the Annual Development Impact Fee Financial Report confirming that the Parkland (Quimby in -lieu) Fee is committed to rehabilitating existing park facilities at Torrey Pines Park; and (3) adopted Resolution No. 2022R-106 of the City of Chino Hills, Making Five -Year Findings for Unexpended Development Fees In Accordance With California Government Code Section 66001, Subsection (D), and Reviewing and Accepting the Annual Development Impact Fee Financial Report and Finding That the Actions Proposed in This Resolution are not Projects Under the California Environmental Quality Act.
AGREEMENT AMENDMENT - LANDSCAPE AND LIGHTING DISTRICT
CONSULTING SERVICES
The City Council authorized execution of Amendment No. 1 to Agreement No. A2020-011 with Willdan Financial Services, extending the agreement term to January 28, 2024, with an additional one-year renewal option for Landscape and Lighting District Consulting Services.
VACATION - PORTION OF PEYTON DRIVE - RESOLUTION ADOPTED The City Council adopted Resolution No. 2022R-107 of the City of Chino Hills, Initiating Proceedings Under Chapters 3 And 5 of The Public Street, Highways and Service Easements Vacation Law to Vacate a Portion of Peyton Drive and Setting a Public Hearing to Receive Protests and Public Comment.
AGREEMENT AMENDMENT - REPRESENTATION AT WATER AND SEWER
MEETINGS - RESOLUTION ADOPTED
The City Council (1) adopted Resolution No. 2022R-108 of the City of Chino Hills, Adopting a Budget Amendment for Fiscal Year 2022-23 Increasing the Sewer Utility Fund Budget By $18,000 for Representation at Water and Sewer Meetings; and (2) authorized the execution of Amendment No. 1 to Agreement No. A2019-002 with RBC Resources, increasing the annual not -to -exceed amount from $175,000 to $193,000 for expanded duties due to the renewal process for the Regional Sewer Contract.
PURCHASE ORDERS - REPLACEMENT VEHICLES - DIESEL -POWERED DUMP
TRUCKS - RESOLUTION ADOPTED
The City Council (1) adopted Resolution No. 202211-109 of the City of Chino Hills, Adopting a Budget Amendment for Fiscal Year 2022-23 Increasing the Equipment Maintenance Fund Budget By $15, 569.18 for the Replacement of Vehicle #5069, a 2006 GMC 4x4 Truck; (2) found the cooperative purchasing 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 the procurement process utilized by Sourcewell is substantially similar to the provisions of CHMC Chapter 3.16 - Purchasing System; (3) authorized the
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issuance of a purchase order in the amount of $52,208.17 to National Auto Fleet Group utilizing the Cooperative Purchase Agreement 091521-NAF for the purchase of one 2023 Ford Super Duty F250 4WD Regular Cab pick-up truck; (4) authorized the issuance of a purchase order in the amount of $228,439.42 to Velocity Vehicle Group dba TransWest Truck Center, an authorized dealer for PB Loader Corporation, utilizing the Cooperative Purchase Agreement 080521-PBL for the purchase of a 2024 freightliner compressed natural gas (CNG) 12ft dump truck; and (5) authorized the issuance of a purchase order in the amount of $296,697.43 to Velocity Vehicle Group dba TransWest Truck Center, an authorized dealer for PB Loader Corporation, utilizing the Cooperative Purchase Agreement 080521-PBL for the purchase of a 2024 freightliner compressed natural gas (CNG) 16ft dump truck.
AGREEMENT - ENGLISH CHANNEL HABITAT MITIGATION PROJECT
The City Council authorized the execution of Agreement No. A2022-267 with Rivers and Lands Conservancy (RLC) in an amount not -to -exceed $46,396 to provide long term conservation easement management services for the English Channel Habitat Mitigation project.
PURCHASE ORDER - CALLE SAN MARCOS PARK PLAYGROUND
REPLACEMENT PROJECT
The City Council (1) found that the exception to competitive bidding procedures under Chino Hills Municipal Code (CHMC) Section 3.16.110.E applies because GameTime has an existing contract through OMNIA Partners (formerly U.S. Communities), Contract # 2017001134, and the procurement process utilized by OMNIA Partners is substantially similar to the provisions of CHMC Chapter 3.16 - Purchasing System; (2) waived the requirement under CHMC Section 3.16.110.E that Cooperative Purchasing contracts must have been obtained within the last 36 months and accept the current contract between OMNIA Partners and GameTime because they offer the best pricing and the City has current structures provided by GameTime which will provide consistency within the City's parks/playgrounds and in conformance with state law given the market conditions created by the COVID-19 pandemic, pursuant to CHMC Section 3.16.110.G; and (3) authorized the issuance of a purchase order to GameTime utilizing cooperative purchase Contract # 2017001134 in the amount of $194,074.51 for the purchase of playground equipment for Calle San Marcos Park.
PURCHASE ORDER - BOTTLE FILLER STATIONS FOR VARIOUS PARKS The City Council approved Most Dependable Fountains, Inc. as a sole source provider of bottle filler stations with attached pet fountains per Chino Hills Municipal Code Section
3.16.110.13 and (2) authorized the issuance of a purchase order in an amount of
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$87,159.10 to Most Dependable Fountains, Inc., for the purchase of 24 bottle filler stations with attached pet fountains for various parks.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION
VEHICLE AXLE LIMITATIONS - ORDINANCE ADOPTED [7:40:47]
Mayor Rogers and Council Member Bennett pulled this item for discussion and separate vote, and City Clerk Balz read the item into the record Council Member Bennett stated that the City of Chino Hills and Brea need to file and establish an ordinance, which is required by Caltrans, in order to conduct large truck enforcement on Carbon Canyon Road.
Council Member Marquez said that discussions with the City of Brea regarding large truck traffic in Carbon Canyon started back in 2017, and that Brea should be considering their ordinance at their second meeting in January 2023.
Mayor Rogers stated that he pulled the item for informational purposes.
Council Member Marquez inquired if trucks that are doing business in the City can use Carbon Canyon Road, such as construction trucks.
Public Works Director Bobadilla replied that the trucks doing business in the City would be exempt to travel on Carbon Canyon Road as long as they are doing business in the City. He said that they are trying to eliminate trucks that use Carbon Canyon Road to cut through traffic to our City.
Following discussion, a motion was made by Council Member Bennett and seconded by Mayor Rogers to adopt Ordinance No. 389 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
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Review Under the California Environmental Quality Act for Second reading (Introduced November 22, 2022).
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
AGREEMENTS - LANDSCAPE MAINTENANCE NORTH AND SOUTH SERVICE AREAS [7:44:05]
Mayor Rogers pulled this item for discussion and separate vote. He said that there are several large contracts for landscape maintenance services in the City and asked staff to explain the services.
Public Works Bobadilla replied that the City currently has two landscape contractors to maintain landscaping throughout the north and south ends of the City. The contracts are quite significant in cost over a five-year period for each and will be mostly subsidized from the Landscape and Lighting District Funds. He also said that staff will ensure that the contractors are being held to their contract, and if the City is not satisfied with the services, that the City could end the contract within 30 days of said contract.
Following discussion, a motion was made by Mayor Rogers and seconded by Council Member Marquez to (1) adopt Resolution No. 2022R-110 of the City of Chino Hills, Adopting a Budget Amendment for Fiscal Year 2022-23 Increasing the Budget in Various Funds by $508,204 for Landscape Maintenance Services; (2) authorized the execution of a five-year Agreement No. A2022-265 with Mariposa Landscapes, Inc., for a total amount not -to -exceed amount of $10,874,200 with approximately $2,000,275 in the first year, to provide landscape maintenance services in the north service area; and (3) authorized the execution of a five-year Agreement No. A2022-266 with Excel Landscape, Inc. for a total amount not -to -exceed amount of $10,386,504.95, with approximately $1,879,933 in the first year, to provide landscape maintenance services in the south service area and to add City water facility sites to the contract.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
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DISCUSSION CALENDAR ITEMS
CONFLICT OF INTEREST CODE [7:46:48]
City Clerk Balz gave a brief overview of the staff report, which is on file in the City Clerk's office.
A motion was made by Vice Mayor Moran and seconded by Council Member Johsz to adopt Resolution No. 2022R-111 of the City of Chino Hills, Adopting the 2022 Conflict of Interest Code in Accordance With the Political Reform Act.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
CONTRACT COMPLIANCE MUNICIPAL CODE AMENDMENTS - ORDINANCE INTRODUCTION - RESOLUTION ADOPTED [7:48:48]
City Clerk Balz gave a PowerPoint presentation and brief overview of the staff report, which is on file in the City Clerk's Office. She outlined the proposed Municipal Code amendments to formalize the provisions of the new contract compliance policy to be incorporated into the Administrative Policies and Procedures Manual.
City Manager Montgomery stated that this is a detailed process taken on by several representatives throughout the City, and the goal is to have a more prescribed process to manage risk better and to ensure efficiencies with the processes.
A motion was made by Council Member Bennett and seconded by Mayor Marquez to (1) introduce an 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 waive further reading; (2) adopt Resolution No. 2022R-112 of the City of Chino Hills, Delegating Authority to the Public Works Director to Execute and Cause to be Recorded Notices of Completion Pursuant To Civil Code Section 9202 for all Public Projects Contracts; (3) Add "Section 8.1 - Contract Compliance" into the Administrative Policies
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and Procedures Manual; and (4) remove "Section II Contract Compliance Policy and Procedures" in the Procurement Policy and Procedures Manual.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
PURCHASING SYSTEM - ORDINANCE INTRODUCTION [7:56:02]
Finance Director Buhagiar gave a PowerPoint presentation and brief overview of the staff report, which is on file in the City Clerk's Office. She gave a background and analysis of the City's purchasing system, spoke of authority limits, purchase orders, informal/formal bidding requirements, change orders, exceptions to competitive bidding requirements, compliance with federal requirements, incorporation of new signing authority limits, and surplus property.
Following discussion, a motion was made by Council Member Bennett and seconded by Council Member Johsz to (1) introduce an 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 waive further reading; (2) remove "Section I - General Purchasing Policy and Procedure" in the Procurement Policy and Procedures Manual; (3) add "Section 8.6 - Purchasing" into the Administrative Policies and Procedures Manual; and (4) approve updates to "Section 8.8 - Surplus Property" of the Administrative Policies and Procedures Manual.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ITEM INITIATED BY COUNCIL
2023 BOARDS/COMMISSIONS/COMMITTEES APPOINTMENTS [8:02:51] Council Members discussed the 2023 Boards/Commissions/Committees list.
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Following discussion, a motion was made by Council Member Johsz and seconded by Council Member Marquez, to appoint Council Members to the following Boards/Commissions/Committees for 2023:
• Big League Dreams Sports Park: JOHSZ / MORAN (Delegates) • Boat Parade Committee: ROGERS (Delegate)
• California Institution for Men at Chino Citizens Advisory Committee: BENNETT (Delegate)
• California Institution for Women's Citizens Advisory Committee: BENNETT (Delegate)
• California Joint Powers Insurance Authority: BENNETT (Delegate) / MONTGOMERY / HILL / BALZ (Alternates)
• Chino Basin Desalter Authority Board: ROGERS (Delegate) / BENNETT (Alternate)
• Chino Hills Community Foundation Board: MORAN / ROGERS (Delegates) • Chino Valley Chamber of Commerce Board Meeting: BENNETT (Delegate) / MORAN (Alternate)
• Chino Valley Fire District Board Meeting: BENNETT (Delegate) / JOHSZ (Alternate)
• Chino Valley Unified School District Liaison to Board Meetings: BENNETT (Delegate) / JOHSZ (Alternate)
• Chino Valley Unified School District Measure G Citizens Oversight Committee:
BENNETT (Delegate)
• Inland Empire Utilities Agency Policy Committee: ROGERS (Delegate) / BENNETT (Alternate)
• League of California Cities - Inland Empire Division: MARQUEZ / BENNETT / JOHSZ / MORAN / ROGERS (Delegates)
• League of California Cities - Legislative Task Force: MARQUEZ / JOHSZ (Delegates)
• Legislative Advocacy Committee - City Standing Committee: ROGERS / JOHSZ (Delegates)
• Omnitrans, Board of Directors: MORAN (Delegate) / MARQUEZ (Alternate) • Prado Basin Regional Committee: MARQUEZ (Delegate)
• Public Art Committee: JOHSZ / ROGERS (Delegates)
• SBCTA Board - San Bernardino County Transportation Authority: MARQUEZ (Delegate) / MORAN (Alternate)
• San Bernardino Solid Waste Advisory Task Force: JOHSZ (Delegate) / HILL (Alternate)
• Social Media Ad Hoc Committee: ROGERS / JOHSZ (Delegates) • Transportation Ad Hoc Committee: JOHSZ / MARQUEZ (Delegates) • Tres Hermanos Conservation Authority: ROGERS / MARQUEZ (Delegates) / MORAN (Alternate)
• Water Facilities Authority Board (WFA): ROGERS (Delegate) / BENNETT (Alternate)
• West Valley Mosquito and Vector Control Board of Trustees: JOHSZ (Delegate)
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By the same motion, the City Council disbanded the following Boar dsiComiii iiissions/Coi i imittees:
• Chino Hills Finance Ad Hoc Committee
• Flag Design Contest Ad Hoc Committee
• Property Tax Ad Hoc Committee
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Discussion ensued about re-forming the Four Corners Transportation Committees and bringing the topic forward as a future agenda item.
PUBLIC HEARING
2022 CALIFORNIA FIRE CODE AND 2021 INTERNATIONAL FIRE CODE - RESOLUTION AND ORDINANCE ADOPTIONS [8:12:06]
Building Official and Assistant Community Development Director Ward briefed the City Council on the ordinance, which is on file in the City Clerk's Office.
Mayor Rogers opened the public hearing and asked if anyone wished to address the City Council on the matter, hearing none, he closed the public hearing.
Following discussion, a motion was made by Council Member Johsz and seconded by Vice Mayor Moran to (1) adopt Resolution No. 2022R-113 of the City of Chino Hills Ratifying Chino Valley Independent Fire District Ordinance No. 2022-03, Adopting by Reference and Amending the 2022 California Fire Code and 2021 International Fire Code Pertaining to Building and Safety Standards for Application Within the Jurisdictional Boundaries of the City and Delegating Enforcement of Said Ordinance to the District Chief, and (2) adopted Ordinance No. 390 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 Second Reading (Introduced November 22, 2022); and (3) found that the adoptions of
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the proposed resolution and ordinance above are exempt from review under the California Environmental Quality Act.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
PUBLIC INFORMATION OFFICER REPORT [08:14:09]
Public Information Officer (PIO) Freeman announced the following information:
COVID-19 VACCINE & TESTING
• The last run of the County vaccine event for the year will be held on Wednesday, December 21st at the McCoy Equestrian & Recreation Center from 10:00 a.m. to 2:30 p.m.
• In January, the County will no longer be hosting testing only events, however, free rapid test kits will be available for pick-up at any County -run the vaccine event
RECREATION NEWS
• Community Park Rehabilitation Project - Phase 1 in progress o Full park closure beginning Monday, December 19, 2022 through February 3, 2023
o Access to the Eucalyptus and McCoy Loop trails will remain open and parking will be available at the overflow parking lot located on the corner of Eucalyptus Avenue and Peyton Drive
• Chino Hills Boat Parade on Friday, December 16th at 7:00 p.m. o The parade route travels north on Peyton Drive starting at Eucalyptus Avenue
o Many of the surrounding streets will close early beginning at 6:00 p.m., check www.chinohiIIs.org/BoatParade for an interactive map with parking and street closure information
• HOLIDAY FACILITY CLOSURES
• Passport services will be closed through Monday, January 2nd, and appointments will resume on Tuesday, January 3, 2023
• City Hall and City Year will be closed beginning Friday, December 23, 2022, and reopen on Tuesday, January 3, 2023
• City Recreation facilities will be closed December 23 through 26, 2022; and December 30th through January 1, 2023
• No street sweeping citations issued from December 23, 2022 through January 2, 2023
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• No delays in trash pickup since Christmas and New Year's Day both fall on a Sunday
SAFETY UPDATES - Police and Fire [08:15:58]
Fire: Battalion Chief DeSoto stated that the Chino Valley Fire District participated in the Chino Hills Tree Lighting ceremony, annual Chino Hills Senior Delivery event serving over 200 meals, annual "Stuff the Boot" event where proceeds go toward local charities and organizations throughout the Chino Valley; and announced upcoming events on December 14th "Make a Child Smile" and December 16th a Blood Drive at the Fire District Training Center from 10:00 a.m. to 4:00 p.m. He said that the Fire District will be participating in the Kiwanis boat parade on Friday, and that they will be collecting toys and sports equipment at all fire stations throughout the Chino Valley. He mentioned that sand and sandbags will be available at all Chino Hills Fire Stations as well as Station Nos. 61, 63, and 67. Lastly, he wished everyone a Merry Christmas and Happy New Year.
Police: Police Chief Goodell announced that on November 29th the Chino Hills Police along with the California Highway Patrol (CHP), Ontario Police, and Chino Police conducted and excessive speed operation and commercial truck enforcement in Carbon Canyon. He said that operation yielded 47 traffic citations, nine commercial vehicle inspections, two towed vehicles, and two arrests. He said on December 2nd, Deputies conducted a Driving Under the Influence (DUI) check point at Chino Hills Parkway and Pipeline Avenue of over 700 drivers, and of those drivers 110 were traffic stops, 52 traffic citations, 14 vehicles towed, with seven arrests. Police Chief Goodell stated that as of last week between December 5 through the 9, 2022 that six residential burglaries occurred at two separate apartment complexes in the City. He said that station detectives obtained video surveillance and conducted further investigation and identified the suspects. He said the detectives and the Multiple Enforcement Team (MET Team) served search warrants in the City of Riverside, arresting a 47-year-old male and recovered over $20,000 in stolen property from victims in Chino Hills and that he was arrested and transported to the West Valley Detention Center. He announced that the Chino Hills Police Department will also be participating in the "Make a Child Smile" event and the Chino Hills boat parade. He reminded members of the public to keep items in vehicles out of sight and locked in the trunk when shopping in the holiday season. Lastly, he said the police station will also be collecting toys through this Thursday evening until 8:00 p.m.
COUNCIL REPORTS [08:21:38]
Mayor Rogers
• CHINO BASIN DESALTER AUTHORITY BOARD
Vice Mayor Rogers attended the Chino Basin Desalter Authority Board meeting and said that the Board elected officers for the upcoming year. He said that he is the new Chair of the Board. He said that the Board discussed committee assignments and that he will remain on the Finance Committee. Lastly, he said that they appointed someone to the Joint Powers Authority Aqua Board and received a couple of general reports.
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Vice Mayor Moran
• OMNITRANS
Vice Mayor Moran attended the Omnitrans Board meeting and said that the Board received general reports and said their goodbyes to outgoing Board members.
Council Member Johsz
• WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT
Council Member Johsz attended the West Valley Mosquito and Vector Control District Board meeting and received their normal reporting regarding West Nile locations and that there was nothing to report in Chino Hills. Lastly, he said that they celebrated employee anniversary milestones of five years and beyond.
Council Member Marquez
• CALIFORNIA INSTITUTION OF MEN
Council Member Marquez attended the California Institution of Men meeting and announced that they have a new warden, John Merchant. He said that the prison population today is 2,974 inmates and that the prison will be deactivating a portion of prison yard "D" which houses 957 inmates, 30% of the population. He stated that this deactivation of the yard will occur in the middle of next year bringing the total inmate population down to 2,017. He said that construction of the 50-bed mental hospital will commence in the spring of 2023 and will take up to three years to complete.
• CALIFORNIA INSTITUTION OF WOMEN
Council Member Marquez attended the California Institution of Women (CIW) meeting and that the prison population today has been reduced from 2,000 to 940 inmates. He said currently there are more employees and guards versus inmates. He stated that no closures of the prison will occur and that they are looking to transfer 200 Folsom prison inmates to CIW.
• SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
o BOARD OF DIRECTORS
Council Member Marquez attended the San Bernardino County Transportation Authority Board of Directors meeting and stated that they have 13 Board members that were reappointed to committees and that he was appointed to the Gold Line Phase II Committee and the SR 91 Advisory Committee.
• SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY COMMITTEE (METROLINK)
Council Member Marquez attended the Southern California Regional Rail Authority Committee (Metrolink) meeting and said that the committee approved four free fare days (Transit Days, Trust Equity Day, Bike to Work Week, and California Clean Air Day) and that they are trying to get more people to ride the Metrolink which is at 28% ridership today. He stated that they received updates on the quarterly Fuel Purchase Program that he worked on for three years, that was upside down at about $7 million and that they are now back up to $250,000.
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He spoke about the status of early earthquake warnings which will affect the Metrolink and said they will get automatic shutdowns of the Metrolink engines if there is a major earthquake. Lastly, he said there was an election of officers:
new Mayor of Highland, Larry McCallon was appointed as the Chair; Orange County Supervisor Doug Chaffee as the new Vice Chair; and the City of Jurupa Valley Council Member Brian Berkson as the second Vice President.
COUNCIL COMMENTS [08:26:47]
Marquez: Council Member Marquez said that he attended the CalCities League Leaders meetings and stated that they worked on priorities and goals for 2023. First, they want to protect and expand investments to prevent and reduce homelessness. He said it took them two to three days to discuss funding source issues, the struggles of the homeless, and they tried to come up with a program to set goals to help the homeless. Second, they discussed ways to increase the supply of affordability of housing while retaining local decision making. He said that they want to repeal some of the propositions that basically have taken the rights away from cities in order to gain back local control and plan for the future. Third, they discussed ways to improve public safety in California communities and that he is the now the chairperson for Public Safety Committee. Lastly, he said that they discussed ways to safeguard essential local revenue and support fiscal stability. Council Member Marquez said that everyone expects CalCities to do the fight, but they cannot always do that because of the use of public funds. He said they have a program called City Pact, where they seek help from all local officials in the State of California to speak up and raise funds to help take back local control. He said that he attended luncheons recently, one hosted by Manufactured Homes of Educational Trust (MHET) and the other by the Chino Valley Independent Fire District. Lastly, he attended a zoom meeting with Freddie Rodriguez and another with Mr. Choi with Southern California Edison to discuss eliminating hazards that cause wildfires.
Moran: Vice Mayor Moran said that she did a ride along with the Social Work Action Group (SWAG) organization that works with local individuals that experience homelessness in the City, and that she also appreciates all that the Sheriff deputies do in the City when it comes to homelessness. She inquired about the Vila Borba lots being built and noticed that there was finally some movement. Community Development Director Lombardo replied no, there is no movement in that area and was not aware of any tractors. Vice Mayor Moran said perhaps they were hauling weeds and asked if Council could get an update about the Vila Borba project. Community Development Director Lombardo said that the Vila Borba tract along with the Walter family are waiting for improvements to the City's detention basin that are associated with the drainage of Vila Borba, which could be another year away. She said that staff will check with Lennar to find out what they are doing on their end. Vice Mayor Moran thanked her fellow colleagues for appointing her as Vice Mayor at the last November meeting that she was absent from. She announced that she gave a formal goodbye to Joe Schaffer and Christina Gagnier on behalf of the City of Chino Hills at the Chino Valley School Board meeting and wished them well and thanked them for their partnership with the City.
Bennett: Council Member Bennett spoke about the recent hospitalization of the City resident "Watchdog" Sharon Wilkins. He wished her well and for a speedy recovery.
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He stated that he attended the MHET luncheon and won $750 to put towards his charity of choice, Paws for Success; attended Supervisor Hagman's Christmas event and the City's tree lighting ceremony where Mayor Rogers granddaughter assisted with the lighting; attended a Paws for Success event where they presented a retired Marine Sergeant with a service dog named Jimmy. Lastly, he stated that there are a lot of events coming up for the holidays and reminded the public that there is a reason for the season and wished everyone a Merry Christmas and Happy New Year.
Johsz: Council Member Johsz said that he attended a reception for outgoing San Bernardino County Second District Supervisor Janice Rutherford. He thanked the voters for voting him in along with Mayor Rogers and Council Member Marquez for another four-year term. He commended the Sheriff's Department for taking care of recent mail thefts at Fairfield Ranch area, and encouraged everyone if you see something, say something and to not rely on Facebook or the NextDoor apps. Lastly, he wished everyone a Merry Christmas, happy Chanukah, and Happy New Year.
Rogers: Mayor Rogers also thanked the voters for electing him and Councilmembers Johsz and Marquez for another four-year term. He read into the record that there are Commission seats that need to be filled for the next four-year terms and that the City Clerk's office is seeking applications until December 22nd and that they expect to make nominations at the first meeting in January. He stated that he attended the Active Adults luncheon at the Community Center and thanked the Chino Valley Independent Fire District for hosting. He attended the Christmas tree lighting and thanked staff for a wonderful event. He asked that everyone stay safe this holiday season and encouraged the community to attend the annual boat parade this coming Friday.
ADJOURN IN MEMORIAM AND IN HOPE [8:44:14]
Mayor Rogers adjourned the meeting at 8:44 p.m. 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.
Respectfully submitted,
APPROVED: January 24, 2023