2023-013
MINUTES
CITY COUNCIL
CITY OF CHINO HILLS
JANUARY 24, 2023
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: RAY MARQUEZ
PETER ROGERS
ART BENNETT
BRIAN JOHSZ
CYNTHIA MORAN
ABSENT: COUNCIL MEMBERS: NONE
ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER
MARK D. HENSLEY, CITY ATTORNEY
ELIZABETH CALCIANO, ASSISTANT 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 vs. Flaviano E. Dimaranan, Adelaida A.
Dimaranan, Ligang Li, Chuan Wang, Sommai Patamakanthin, Ashfaq Kazi, Farhana Kazi, James Moon, Geonju Moon, Xiangyan Gao, Yiming Qiu - Case No. CIVSB 2215448
INITIATION OF LITIGATION
Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(4) Initiation of Litigation (11 cases)
REAL PROPERTY NEGOTIATIONS
Conference with Real Property Negotiators pursuant to Government Code Section 54956.8 for price and terms for property located at 14713 Peyton Drive, Chino Hills, CA; Benjamin Montgomery, City Manager, City's Negotiator and Holy Transfiguration Coptic Church, Negotiator
CHINO HILLS CITY COUNCIL 2023-014
REGULAR MEETING JANUARY 24, 2023
INITIATION OF LITIGATION
Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(4) Initiation of Litigation (2 cases)
CLOSED SESSION RECESS
Mayor Rogers recessed the Closed Session at 6:25 p.m.
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
MARK D. HENSELY, CITY ATTORNEY
CHERYL BALZ, CITY CLERK
DANIEL BOBADILLA, PUBLIC WORKS DIRECTOR
CHRISTA BUHAGIAR, FINANCE DIRECTOR
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
DEAN SMITH, ACTING DEPUTY FIRE CHIEF, CHINO VALLEY
FIRE DISTRICT
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Council Member Bennett.
INVOCATON
Led by Pastor Lin Wells, Calvary Chapel.
PRESENTATIONS
INTRODUCTION - NEW EMPLOYEES [7:02:59]
Mayor Rogers introduced the following new employees and welcomed them to the Chino Hills team:
• Joyce Lee, Emergency Services Coordinator, City Manager's Department • Darrell Chindlund, Community Services Coordinator II, Community Services Department
CHINO HILLS CITY COUNCIL 2023-015
REGULAR MEETING JANUARY 24, 2023
• Eduardo Morales, Payroll Technician, Finance Department Ms. Lee, Mr. Chinlund, and Mr. Morales thanked Council for the recognition, and they all said that they look forward to working with their fellow colleagues and the Chino Hills community.
PRESENTATION - COMMERCIAL MARKET OVERVIEW [7:07:07]
City Clerk Balz introduced Erik Westedt, Managing Director, and Blake Kaplan, Executive Vice President, of Jones Lang LaSalle (JLL) who provided a PowerPoint presentation on the Commercial Market Overview in Chino Hills, which is on file in the City Clerk's Office. Mr. Westedt spoke about the retail chain foot traffic recovery before and after Covid-19, 2023 predictions such as retail bankruptcies, recession, lifestyle fashion trends, business expenses, customer shopping behaviors, and the availability and vacancies of spaces in Chino Hills. Mr. Kaplan spoke about new retail coming to The Shoppes at Chino Hills such as Lovesac, Cryotherapy, and Stan Burger, as well as mentioning the few tenants that have renewed their leases: PF Changs, CPK, Hottie's Fried Chicken, Vans, and Sleep Number. Mr. Westedt spoke about the Crossroads Marketplace new retail acquisitions and the two large vacancies, Babies R Us and Toys R Us, at the Commons at Chino Hills.
Discussion ensued about sales tax revenues, proposed mixed use, store vacancies and possible restaurants for Chino Hills.
PRESENTATION - CHINO BASIN WATER CONSERVATION DISTRICT BASIN TOURS [7:32:22]
City Clerk Balz introduced Elizabeth Skrzat, General Manager of Chino Basin Water Conservation District who provided a PowerPoint presentation on the Chino Basin Water Conservation District and District Groundwater Basin and Sustainability tours, which is on file in the City Clerk's Office. She invited Council Members, staff, and any members of the public to attend a tour of the Chino Basin on February 16 or June 1, 2023.
PRESENTATION - CHINO HILLS WATER SYSTEM [7:37:33]
City Clerk Balz introduced Public Works Director Bobadilla who provided a PowerPoint presentation about the Chino Hills Water System, which is on file in the City Clerk's Office. He spoke about the infrastructure, water sources, drought, supply and demand, and water conservation.
Discussion ensued about maintenance of fire hydrants, potable water, how much rainwater is utilized from Wells, how water usage will comply with Regional Housing Needs Assessment (RHNA) numbers, and water conservation measures.
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION
There were no reportable actions taken in Closed Session.
PUBLIC COMMENTS [7:59:14]
Sharon Wilkins, resident, said farewell to Council, staff and the community and stated that she will be moving from Chino Hills to Utah to be with her son.
CHINO HILLS CITY COUNCIL 2023-016
REGULAR MEETING JANUARY 24, 2023
Mayor Rogers, Council Member Bennett, Vice Mayor Moran, and Council Member Marquez all shared their personal stories about Mrs. Wilkins and thanked her for her support and dedication to the City throughout the years.
Jeff Vaka, resident and Pomona Habitat for Humanity Board Member thanked the City of Chino Hills, James S. Thalman Library, and the Chino Hills Police Department for their Leadership Collaborative presentations to the Chino Valley Chamber of Commerce members last week. He said that the Habitat for Humanity homes slated to be built in the Fairfield Ranch area are ready for grading as soon as the weather permits. Council Member Bennett inquired if recipients for the homes have been selected. Mr. Vaka said that they are currently vetting a few recipients and are in the process of seeking tradesmen and anyone of all ages to work on building the homes.
Suzette Dang, representing Supervisor Hagman's office, announced that Supervisor Hagman's office will be hosting a document paper shredding event at the Montclair City Hall parking lot on March 11th from 9:00 a.m. to 12:00 p.m., and that the County's Fourth District is still seeking nominations for"Business of the Quarter." To make nominations visit the County's website at www.sbcounty.gov/bods/4 or contact Supervisor Hagman's office at (909) 465-5265 to nominate a business. Lastly, she wished the community a Happy Lunar New Year and happy birthday to Council Member Johsz.
Julia Cabrera, Chino Valley Chamber of Commerce Community Engagement Director, announced upcoming Chamber events: Job Fair at the Chino Hills Community Center on January 25th, Talent Pipeline Management Program, Business Workshop being held every Wednesday at the Chino Hills Community Center, Salute to Public Safety on April 4, 2023, and a Women's Conference in August. Lastly, she thanked Chino Hills staff for the Leadership Collaborative presentations last week, and said that it was the best thus far, and to the Chino Hills Police Department for letting them bring 20 students to tour the police station.
CONFLICT OF INTEREST ANNOUNCEMENTS [8:17:28]
There were no conflict of interest announcements to record.
CITY DEPARTMENT BUSINESS
CONSENT CALENDAR [8:17:32]
Mayor Rogers announced the Consent Calendar items and asked Council if there were any items to pull.
Mayor Rogers announced that Item No. 16, pertaining to financial auditing services for Big League Dreams was pulled from the Consent Calendar for discussion and separate vote.
A motion was made by Council Member Johsz and seconded by Council Member Bennett to approve the following Consent Calendar items:
MINUTES
The City Council approved the December 13, 2022, January 10, 2023, and revised August 10, 2021, City Council Regular Meeting Minutes, as presented.
CHINO HILLS CITY COUNCIL 2023-017
REGULAR MEETING JANUARY 24, 2023
CITY OFFICIAL REPORT
The City Council received and filed the City Official Report for the period of December 13, 2022 through January 23, 2023, as presented.
PAYMENT REGISTER
The City Council ratified payments over$25,000 totaling $5,306,741.32 for month ended December 31, 2022, as presented.
MONTHLY INVESTMENT REPORT
The City Council received and filed the monthly Investment Report for the month ended December 31, 2022, as presented.
AGREEMENT - DEVELOPMENT IMPACT FEE PROGRAM EVALUATION
The City Council (1) authorized the execution of Agreement No. A2023-013 with Willdan Financial Services for a Development Impact Fee Program evaluation in an amount not-to-exceed $69,240; and (2) authorized the City Manager, at his discretion, to approve cumulative amendments up to ten percent ($6,924) of the awarded contract amount.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
IMARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION [8:18:03]
AGREEMENT AMENDMENT - AUDIT BIG LEAGUE DREAMS LEASE AGREEMENT Council Member Marquez pulled this item for discussion and separate vote. He said in the past the City had a big investment in the Big League Dreams (BLD) property at $18 million without receiving a lot of profit, and that the City relied on the vendor to conduct past audits. He said that he is elated that the City is taking the lead to conduct an audit of BLD's compliance of their lease agreement and to be transparent and hold everyone accountable.
Following discussion, a motion was made by Council Member Marquez and seconded by Council Member Johsz to authorize the execution of Amendment No. 1 to Agreement No. A2021-065 with Lance, Soil & Lunghard, LLP, increasing the total not-to-exceed
CHINO HILLS CITY COUNCIL 2023-018
REGULAR MEETING JANUARY 24, 2023
amount from $310,990 to $341,590, and adding additional services to provide agreed upon procedures to audit Big League Dreams compliance with their lease agreement.
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
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY BOARD - DELEGATE APPOINTMENT [08:19:15]
City Clerk Balz briefed the City Council on the staff report, which is on file in the City Clerk's Office. She said that the Board of Directors that governs the California Joint Powers Insurance Authority (JPIA) is composed of a governing body that has a representative from each member City agency, and currently Council Member Bennett serves on that Board for the City of Chino Hills. She said that they also elect members to serve on the Executive Committee that meets monthly to conduct business and to set policies for the Authority. City Clerk Balz said that presently there is an unscheduled vacancy on the Executive Committee and that Council Member Marquez has expressed interest in serving on that committee but must be the delegate to the Board. She said that Council will need to appoint him as the JPIA Board Delegate in order for him to apply for that position.
Council Member Bennett said that he received a letter from the JPIA Board to ask whether he was interested in joining the Executive Committee and said that it was more beneficial for Council Member Marquez to be the delegate of the JPIA Board because of his leadership and involvement with CalCities. He said that he is willing to relinquish his role as delegate and to appoint Council Member Marquez as the new delegate so that he could apply for the vacancy of the Executive Committee.
Following discussion, a motion was made by Mayor Rogers and seconded by Council Member Johsz to appoint Council Member Ray Marquez as delegate to the California Joint Powers Insurance Authority Board.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONEI
ABSENT: COUNCIL MEMBERS: NONE
CHINO HILLS CITY COUNCIL 2023-019
REGULAR MEETING JANUARY 24, 2023
PUBLIC INFORMATION OFFICER REPORT [08:21:29]
Public Information Officer (PIO) Freeman announced the following information:
• RECREATION NEWS
a Community Park Rehabilitation Project - Phase 1 in progress o Full park and parking lot closure currently in effect o Fields 1, 3, and 4 are currently closed and are expected to be completed by February 17, 2023
o As Fields 1, 3, and 4 near completion, Fields 1,3, and 4-6 will be reopened for limited and allocated use only
o Field 2 will remain closed - expected completion date of February 24, 2023
o Access to the Eucalyptus and McCoy Loop remains open and parking and trail access is available at the Community Center o Closures and dates of each phase may adjust due to weather conditions, availability of supplies, or construction delays. o For more information, visit www.chinohills.orq/CommunityPark • CONSTRUCTION NEAR CHINO HILLS
o Caltrans continues to work on projects affecting the 71-freeway and the Riverside County Transportation Commission will soon begin a project to reconstruct the 71/91 interchange
o The 71/91 Interchange project will create a new two-line flyover connector ramp from eastbound 91 to northbound 71 and remove the connector loop o Commuters and the traveling public are encouraged to sign up for project updates and construction alerts to stay informed about roadway impacts and delays affecting their commutes
o Visit rctc.orq/71-91Interchange to sign up for email alerts SAFETY UPDATES - Fire and Police [08:23:04]
Fire: Acting Deputy Fire Chief Smith said during the month of December that the Chino Valley Independent Fire District (CVIFD) had a busy month with personnel and that they responded to 1,232 "911" incidents in the Chino Valley community. In January, he said that CVIFD responded to numerous challenges with increased traffic accidents due to the current rainfall. He said that the County of San Bernardino published a Request for Proposal for ambulance services, which marks the first time in the County's history for ambulance services going out to a competitive bid process. Acting Deputy Fire Chief Smith said that CVIFD, along with 11 other agencies and cities with San Bernardino County have entered the bid process, and if successful, that will allow CVIFD to provide a more resilient and service-oriented ambulance experience for Chino Valley citizens and the County at-large. He said that they are moving forward with Fire Station 68, and that they are currently in the process of their Site Plan Review and General Plan Amendment. He thanked the community for participating in their toy drives and senior events during the holidays and said that the CVIFD is looking forward to the upcoming Mayor's Prayer breakfast.
CHINO HILLS CITY COUNCIL 2023-020
REGULAR MEETING JANUARY 24, 2023
Council Member Bennett asked Acting Deputy Fire Chief Smith to reveal the new CVIFD personnel. Acting Deputy Fire Chief Smith said the new Clerk of the Board is Angela Robles, who was formally with the City of Chino, and the new Assistant to the Fire Chief is Rita Pro, who was also formally with the City of Chino.
Police: Police Chief Goodell stated on Tuesday, January 17th, deputies initiated a traffic stop on a Dodge Charger near Peyton Drive and Rock Springs Drive. He said the driver of the vehicle fled at a high speed of over a hundred miles per hour onto the freeway going toward Los Angeles County. During the high speed chase the driver lost control of the vehicle, crashed, and both the driver and passenger attempted to flee the scene on foot. With the assistance from the California Highway Patrol, both juvenile suspects were apprehended. He said it was later determined that the vehicle and the juvenile suspects had been involved in numerous catalytic converter thefts and shootings at other moving vehicles in both San Bernardino and Riverside Counties. He stated on December 18, 2022, a male suspect entered Victoria's Secret at The Shoppes of Chino Hills and took over $1,200 in stolen merchandise. Through investigation, the suspect was identified as a convicted felon and was currently on post-release and community supervision. He was subsequently arrested and appeared in court and sentenced to 16 months in State prison. Lastly, he said as a reminder that Thursday morning, January 26th that the Police Department will be doing their "Point in Time" homeless count with City staff and multiple enforcement deputies.
COUNCIL REPORTS [07:51:46]
Mayor Rogers
• TRES HERMANOS JOINT POWERS AUTHORITY
Mayor Rogers attended the Tres Hermanos Joint Powers Authority Meeting and said that the meetings are now being held at the City of Chino Hills, and that City Manager Montgomery is the new Executive Director, and the new Chair is Stan Liu from the City of Diamond Bar, and that he was appointed as the Deputy Chair. • WATER FACILITIES AUTHORITY BOARD
Mayor Rogers attended the Water Facilities Authority Board meeting and said that they elected new officers and approved their mid-year budget with changes and an advance purchase of large valves for a project that will take over a year to receive. He said a lot of time was spent in Closed Session and said that General Manager Terry Catlin is about to retire, and that the Board is seeking a new General Manager.
Council Member Bennett
• CHINO VALLEY CHAMBER OF COMMERCE BOARD
Council Member Bennett attended the Chino Valley Chamber of Commerce Board meeting and said that the Women's Conference will debut this year and that the Chamber will forgo their annual golf tournament.
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REGULAR MEETING JANUARY 24, 2023
• CHINO VALLEY INDEPENDENT FIRE DISTRICT BOARD
Council Member Bennett attended the Chino Valley Independent Fire District Board meeting and said that Acting Deputy Fire Chief Smith announced the new Clerk of the Board and the Assistant to the Fire Chief during his report. • CHINO VALLEY UNIFIED SCHOOL DISTRICT BOARD
Council Member Bennett attended the Chino Valley Unified School District Board meeting said that the two new Board of Trustee members were named President and Vice President of the Board. He said at the last few meetings they have discussed the second new school at The Preserve at Chino, which will be named the Louis W. Moreno School. Council Member Marquez asked if Council could receive a tour of the new high school in Chino. Council Member Bennett said that he will inquire about a tour with the Chino Valley Unified School District.
Council Member Johsz
• WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD Council Member Johsz attended the West Valley Mosquito and Vector Control District Board and said that they had their annual member reorganization and that there is a new Board member from Chino, Council Member Christopher Flores who replaced Eunice Ulloa on the Board of Directors. Lastly, he said that the Board appointed him to be a new member for their Finance Committee.
Council Member Marquez
• SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
o LEGISLATIVE, COMMUNICATIONS, AND MEMBERSHIP COMMITTEE Council Member Marquez attended the Southern California Association of Governments - Legislative, Communications, and Membership Committee meeting and said that the California Department of Finance Director Stephen Shaw spoke about the State budget and anticipates a $297 billion budget this year. He said that there currently is a shortfall for $22.5 billion dollars, and that California is not currently in a recission, but that the economy has really slowed down. He stated that the Committee inquired about State reserves and that Finance Director Shaw said that there is $35.6 billion in a rainy-day fund, and if there is not revenue then the State will have to make some budget cuts. Finance Director Shaw also said that homelessness in cities is still a priority and monies received by any cities for the homeless will be audited and held accountable.
Council Member Marquez stated that they discussed the 2023 State legislation outlook and priorities and mentioned four upcoming bills on housing: Assembly Bills 6, 7, and 9, and Senate Bill 4. Lastly, the committee received a presentation by Director Carolyn Coleman on CalCities Year in Review and new priorities for the year. He announced that the New Mayors Academy will be held on February 1st and 2nd, and a new policy on presenting resolutions at the annual conference will be put into place due to the lack of review and response times.
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REGULAR MEETING JANUARY 24, 2023
COUNCIL COMMENTS [08:37:05]
Marquez: Council Member Marquez thanked Police Chief Goodell for addressing a resident concern about trespassing in Carbon Canyon at Rock Springs Drive and for arresting the culprit. He said that Rob Rolston, President of Hampton Manor reached out to him about the excessive fire insurance and thanked Fire Board Director Kreegar for finding a company that would help them reduce their insurance significantly. He inquired about the work being done in Carbon Canyon Road. Public Works Director Bobadilla replied that the Santa Ana Watershed Association (SAWA) is cleaning up and doing weed abatement along Carbon Canyon Road and Chino Hills Parkway by the old liquor store and noted that the project is funded by Supervisor Hagman's office. Council Member Marquez thanked staff for taking care of the mudslides in the Carbon Canyon area. He said that he would like to agendize and discuss the insurance requirements for non-profit organizations that the Council is permitted to allot money to. Lastly, he spoke about the groundbreaking for the 91/71 freeway two-lane flyover connector ramp, which should be completed by 2025.
Moran: Vice Mayor Moran said the area on Butterfield Ranch Road between Picasso Drive and Soquel Canyon Road's had the speed limit reduced eight years ago from 55 to 50 miles per hour. Due to new development in the area she asked staff to have the Traffic Commission conduct another speed survey to perhaps lower the speed again to mitigate speeding on that long stretch of road. She said that 80 percent of the vehicles exiting the Euclid Avenue/Butterfield Ranch Road northbound 71 Freeway exit are mostly turning right, and asked staff to speak with Caltrans to change the striping so cars are not so stacked up and predominantly going in one direction.
Bennett: Council Member Bennett attended the Chino Valley Champion ribbon cutting celebrating the newspapers new location and for being in business since November 11, 1887 (135 years). The Champion was honored as the first members of the Chino Valley Chamber of Commerce. He reminded everyone that the next Council meeting will be held on Valentine's Day and encouraged everyone to bring their significant others to the meeting. He announced that on February 22nd that staff and Council will participate in Student Government Day, and that the Mayor's breakfast will be held on February 28th with Darryl Strawberry as the keynote speaker. Lastly, he said due to all the recent tragedies, to keep those lives lost in your thoughts and prayers.
Johsz: Council Member Johsz thanked the Board of San Bernardino County Supervisors for approving the additional School Resources Officer to the City of Chino Hills. He thanked Public Works Director Bobadilla for addressing the recent flooding in the Los Serranos area. He inquired about better signage regarding truck traffic near the Fairfield Ranch and Soquel Canyon freeway entrances. Lastly, he said that the Big League Dreams (BLD) landscaping and parking lot needs to be managed better.
Council Member Moran asked for a scheduled tour of BLD.
Rogers: Mayor Rogers attended the Chino Valley Champion ribbon cutting and said that journalist Marianne Napoles had the first business license of Chino Hills framed at her desk, Number 1. Lastly, he asked staff for a report regarding the McCoy Equestrian Center activities and plans for enhancements of the facility.
CHINO HILLS CITY COUNCIL 2023-023
REGULAR MEETING JANUARY 24, 2023
ADJOURN IN MEMORIAM AND IN HOPE [8:49:26]
Mayor Rogers adjourned the meeting at 8:49 p.m. in memory of Riverside County Sheriffs Deputies, Isaiah Cordero who passed away in the line of duty on December 29, 2022, at the age of 32; Darnell Calhoun who passed away in the line of duty on January 13, 2023, at the age of 30; the 11 victims who lost their lives in Monterey Park dance studio on January 21, 2023; and the seven victims killed in Half Moon Bay on January 23, 2023.
Respectfully submitted,
WS*
ALIO
CHE :ALZ, C 47Jr LERK
APPROVED: February 14, 2023