2023-157
MINUTES
CITY COUNCIL
CITY OF CHINO HILLS
JULY 11, 2023
REGULAR MEETING
Mayor Rogers called the Closed Session meeting to order 5:15 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: ROD HILL, ASSISTANT CITY MANAGER
MARK D. HENSLEY, CITY ATTORNEY
CHERYL BALZ, CITY CLERK
PUBLIC COMMENTS
There were no public comments.
RECESS TO CLOSED SESSION
Mayor Rogers declared the meeting recessed at 5:15 p.m. for Closed Session. City Clerk Balz did not attend this portion of the meeting.
PUBLIC EMPLOYMENT
Public Employment Performance Evaluation pursuant to Government Code Section 54957 - City Manager
CLOSED SESSION RECESS
Mayor Rogers recessed the Closed Session at 5:55 p.m.
CONVENE MEETING AND ROLL CALL
Mayor Rogers called the regular meeting to order at 6:00 p.m. and requested City Clerk Balz to call roll.
PRESENT: COUNCIL MEMBERS: PETER ROGERS
CYNTHIA MORAN
ART BENNETT
BRIAN JOHSZ
RAY MARQUEZ
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ABSENT: COUNCIL MEMBERS: NONE
ALSO PRESENT: ROD HILL, ASSISTANT CITY MANAGER
MARK D. HENSLEY, CITY ATTORNEY
CHERYL BALZ, CITY CLERK
MELISSA ARMIT, COMMUNITY SERVICES MANAGER
DANIEL BOBADILLA, PUBLIC WORKS DIRECTOR
CHRISTA BUHAGIAR, FINANCE DIRECTOR
JOE DE SOTO, BATTALION FIRE CHIEF, CHINO VALLEY
INDEPENDENT FIRE DISTRICT
NICHOLAS LIGUORI, COMMUNITY DEVELOPMENT
DIRECTOR
BRANDON FONACIER, COMMUNITY RELATIONS ANALYST
NICOLE FREEMAN, PUBLIC INFORMATION OFFICER
WENDI GENSEL, DEPUTY CITY CLERK II
GARTH GOODELL, CHIEF OF POLICE, CHINO HILLS
LYNNAE SISEMORE, ASSISTANT CITY CLERK
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Rogers.
INVOCATION
Led by Council Member Bennett.
PRESENTATIONS
PROCLAMATION - PARKS MAKES LIFE BETTER MONTH [03:35]
Mayor Rogers presented a Proclamation proclaiming the month of July as Parks Make Life Better Month to Community Service Specialists Christian Iraldo, Noah Calderon, and Madison Arellanes. Prior to the presentation, a short video highlighting how Parks Make Life Better in Chino Hills was shown. Following the video, Mr. Calderon thanked the Council for the recognition and said that Parks Make Life Better because of the joy the parks bring to families. Ms. Arellanes added that it is rewarding to bring joy to families in the community. Lastly, Mr. Iraldo stated he enjoys being in-service to the community, great programing, and recreation opportunities.
PROCLAMATION - NATIONAL NIGHT OUT [08:221
Mayor Rogers presented a Proclamation proclaiming August 1 st as National Night Out to Emergency Services Coordinator Joyce Lee. Ms. Lee spoke stated National Night Out is an annual community building campaign held throughout the nation to promote police and community partnerships that help combat crime, heightened drug prevention awareness, and strengthen neighborhood comradery. Residents in Chino Hills participate annually by hosting potlucks and different block gatherings. Lastly, if residents are interested in hosting an event visit www.chinohills.org/NNO and those registered by July 18th, will receive a free organizational kit.
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION [11:58]
There were no reportable actions taken in Closed Session.
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PUBLIC COMMENTS [12:10]
Julia Cabrera, Chino Valley Chamber of Commerce Community Engagement Director, announced upcoming events: Business Awards Dinner July 27th from 5:30 p.m. to 8:30 p.m. at Chaffey Community College Center; Chino Valley Leadership Collaborative Graduation and Innovation Council on August 27th at the Chino Hills Community Center; and the Women's Conference on August 10th from 10:00 a.m. to 3:00 p.m. at Chaffey Community College Center.
John Ding, representing Congresswoman Kim's office, announced a Veteran's Benefit Information Seminar and veterans pinning ceremony on July 15th at the Community Center at the Marketplace in Tustin.
M. Athena Real, resident, spoke on the funding for Mayor's display and recommended focusing the funding on direct services to Chino Hills residents.
Ronnie Guyer, resident, commended the July 3rd Independence Celebration hosted by the City, and thanked staff and the Champion newspapers.
CONFLICT OF INTEREST ANNOUNCEMENTS [18:05]
There was no conflict of interest announcements to record.
CITY DEPARTMENT BUSINESS
CONSENT CALENDAR [18:111
Mayor Rogers announced the Consent Calendar items and asked the Council if there were any items to pull.
Council Member Marquez pulled Item Nos. 11, pertaining Mayor's display and 13, pertaining to bike repair stations for discussion and separate vote.
A motion was made by Council Member Johsz and seconded by Council Member Marquez to approve the remaining Consent Calendar items:
MINUTES
The City Council approved the June 27, 2023, City Council Regular Meeting Minutes, as presented.
MONTHLY FINANCIAL REPORT
The City Council received and filed the monthly Financial Report for the month ended May 31, 2023, as presented.
MUNICIPAL CODE AMENDMENTS - VARIOUS SECTIONS - ORDINANCE
ADOPTION
The City Council adopted Ordinance No. 397 of the City of Chino Hills, Amending Various Sections in the Chino Hills Municipal Code to Conform With Current Practices Including Certain Procedures, Holidays, Enforcement Authority and Determining the Project is Exempt From Review Under the California Environmental Quality Act' - Second Reading (Introduced June 27, 2023)
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MUNICIPAL CODE AMENDMENTS - CLAIMS FOR DAMAGES AND CITY
PAYMENTS - ORDINANCE ADOPTION
The City Council adopted Ordinance No. 398 of the City of Chino Hills Amending Chapter 3.08 Claims Against the City in its Entirety, Adding Chapter 3.09 "City Payments, and Renumbering Sections 3.08.080 Through 3.08.120 to 3.09.010 Through 3.09.050, Deleting Sections 3.08.130 Through 3.08.150, and Finding This Action Exempt From Review Under the California Environmental Quality Act' - Second Reading (Introduced June 27, 2023)
AGREEMENT - LAND MANAGEMENT SYSTEM (LMS) IMPLEMENTATION
SERVICES
The City Council authorized the execution of a one-year Agreement No. A2023-136 with two additional one-year renewal options with Park Consulting Group to provide support services for the remaining LMS Implementation for a total contract amount not - to -exceed $100,000.
AGREEMENT - COMMERCIAL BROKERAGE SERVICES
The City Council authorized the execution of a five-year Agreement No. A2023-137 with Jones Lang LaSalle Brokerage, Inc., (JLL) to provide commercial brokerage services at $60,000 per year for a total contract amount not -to -exceed $300,000.
PLANS AND SPECIFICATIONS - MAROON BELL - WINCHESTER WATER MAIN
REPLACEMENT PROJECT - RESOLUTION ADOPTED
The City Council (1) adopted Resolution No. 202311-052 of the City of Chino Hills, Approving the Design and Plans for Construction of the Maroon Bell - Winchester Water Main Replacement Project Pursuant to Government Code Section § 830.6; (2) authorized staff to solicit bids for construction; and (3) determined the project to be exempt from review under California Environmental Quality Act of 1970, as amended, Public Resources Code Section 21000 et. seq. ("CEQA) pursuant to Section 15301 of CEQA Guidelines.
COMMODITY, LABOR, AND UTILITY RATE INCREASES - RESOLUTION
ADOPTED
The City Council adopted Resolution No. 2023R-053 of the City of Chino Hills, Adopting a Budget Amendment for Fiscal Year 2022-23 Increasing the General Fund Facilities Maintenance Expenditure Fund Budget by $211,000 for Commodity, Labor, and Utility Rate Increases.
AGREEMENT - SPLASH PAD PROJECT AT PINEHURST PARK
The City Council awarded Agreement No. A2023-138 to RJM Design Group, Inc. (RJM) in the amount of $89,395 for the preparation of design plans and specifications for the Splash Pad project at Pinehurst Park.
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PLANS AND SPECIFICATIONS - COMMUNITY PARK ARTIFICAL TURF REPLACEMENT AND IMPROVEMENTS (PHASE II - FIELDS 5 AND 6) PROJECT -
COOPERATIVE PURCHASING AGREEMENT - RESOLUTION ADOPTED
The City Council (1) adopted Resolution No. 2023R-054 of the City of Chino Hills, Approving the Design and Plans for Construction of the Community Park Artificial Turf Replacement and Improvements (Phase 11 - Fields 5 and 6) Project Pursuant to Government Code Section § 830.6; (2) approved modified plans and specifications for Fields 5 and 6, including the requirements to utilize the installation of artificial turf at Community Park with FieldTurf USA, Inc., under the terms and conditions of the California Multiple Award Schedule (CMAS) Contract Agreement No.4-06-78-0031A, Base Schedule #GS-07F-9631 S; (3) found that Cooperative Purchasing exception under Chino Hills Municipal Code (CHMC) Section 3.16.110.G applies to the procurement process utilized by the State of California Department of General Services (DGS), which manages CMAS, as CMAS is substantially similar to the provisions of, and achieves the objectives of, CHMC Chapter 3.16 and pursuant to CHMC Section
3.16.110.1 and waived the requirement that the bidding have occurred within 60 months; (4) authorized the City Manager to negotiate and execute an agreement with FieldTurf USA, Inc., for the purchase of materials and installation of synthetic turf not -to -exceed $785,351.69 under CMAS Contract Agreement No. 4-06-78-0031A, Base Schedule #GS-07F-9631 S, subject to approval as to form by the City Attorney; (5) authorized staff to solicit bids for the preparatory construction work, including infield grading, installation of subgrade material, and drainage system prior to the installation of the artificial turf for Fields 5 and 6; and (6) determined the Phase II project to be exempt from review under the California Environmental Quality Act of 1970, as amended, Public Resources Code Section 21000 et seq. ("CEQA"), as a Class 2(c) Categorical Exemption (replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity), pursuant to Section 15302 of CEQA Guidelines.
AGREEMENT AMENDMENT - STREETLIGHT AUDITS, LED CONVERSION AND
MAINTENANCE SERVICES
The City Council authorized the execution of Amendment No. 2 to Agreement No. A2019-162 with Tanko Streetlighting, Inc. replacing "Exhibit A - Compensation" to implement a price increase effective July 12, 2023.
AGREEMENT - ENGLISH CHANNEL HABITAT MITIGATION PROJECT
The City Council awarded Agreement No. A2023-139 to Natures Image, Inc. in the amount of $227,595 to provide native landscape and maintenance services for the English Channel Habitat Mitigation Project.
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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CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION
AGREEMENT - DESIGN AND BUILD OF MAYOR'S DISPLAY [18:47] Council Member Marquez pulled this item for discussion and separate vote. He stated that he does not oppose the project; however, recommended raising funds amongst the Council Members instead of using taxpayer dollars.
Council Member Johsz stated he proposed this item a few years ago to honor the City's 30th birthday and to connect the City's history.
Following discussion, a motion was made by Council Member Johsz and seconded by Vice Mayor Moran to authorize the City Manager to negotiate and execute Agreement No. A2023-142 with Architectural Design & Signs, Inc. (ADS) for the design and build of a Mayor's Display in the main lobby of Chino Hills City Hall, in an amount not -to -exceed $55,000, subject to approval as to form of the agreement by the City Attorney.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ
NOES: COUNCIL MEMBERS: MARQUEZ
ABSENT: COUNCIL MEMBERS: NONE
DONATION - BIKE REPAIR STATIONS - RESOLUTION ADOPTED [20:37] Council Member Marquez pulled this item for discussion and separate vote. He thanked the Chino Hills Community Foundation for their work in the City. He requested a list of money raised for the City and the amount of participated staff time.
A motion was made by Mayor Rogers and seconded by Council Member Johsz to (1) accept a donation from the Chino Hills Community Foundation in the amount of $10,000 for the purchase and installation of bike repair stations at Grand Avenue Park, the Chino Hills Community Center, and the Chino Hills State Park; (2) adopt Resolution No. 2023R-055 of the City of Chino Hills, Adopting a Budget Amendment for Fiscal Year 2023-24 Increasing the Community Services Fund Budget for the Bike Repair Stations by $10,000; and (3) find that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of Regulations § 15301 (minor alterations to existing facilities).
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
DAY AND TIME OF REGULAR COMMISSION MEETINGS - ORDINANCE INTRODUCTION [21:48]
Assistant City Clerk Sisemore briefed the City Council on the staff report, which is on file in the City Clerk's Office.
Council Member Bennett indicated that although he would prefer conformity with all commissions starting at 6:00 p.m., knowing the issues expressed by the Planning Commission, he is in favor of keeping the Planning Commission start time at 7:00 p.m.
Council Member Johsz stated that he previously opposed Council meetings starting at 6:00 p.m. and will oppose changing the start times for Commission meetings.
Vice Mayor Moran and Mayor Rogers spoke in favor of all Commission meetings starting at 6:00 p.m. for consistency purposes.
Council Member Marquez spoke in favor of Parks and Recreation and Public Works Commission meetings starting at 6:00 p.m. and requested that Planning Commission meetings continue with a 7:00 p.m. start time based on what the Planning Commissioners preferred.
Following discussion, a motion was made by Council Member Marquez and seconded by Council Member Bennett to set the meetings times for the Parks and Recreation Commission and the Public Works Commission at 6:00 p.m. while maintaining the Planning Commission at 7:00 p.m. and seconded by Council Member Bennett.
Motion failed by electronic vote as follows:
AYES: COUNCIL MEMBERS: BENNETT, MARQUEZ
NOES: COUNCIL MEMBERS: ROGERS, MORAN, JOHSZ
ABSENT: COUNCIL MEMBERS: NONE
Subsequently, a motion was made by Mayor Rogers and seconded by Vice Mayor Moran to (1) set the meeting start times for the Parks and Recreation, Planning and Public Works Commissions meetings at 6:00 p.m.; and (2) introduce an Ordinance Entitled: "An Ordinance of the City of Chino Hills, Amending Title 2, Administration and Personnel, Chapter 2.28 - Boards and Commission Generally, Section 2.28.090; Chapter 2.32 - Parks and Recreation Commission, Section 2.32.060; Chapter 2.36 - Planning Commission, Section 2.36.020; and Chapter 2.40 - Public Works Commission,
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Section 2.04.060 of the Chino Hills Municipal Code Relating to Time and Place of Meetings of Each Commission" for first reading by title only and waiving further reading.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT
NOES: COUNCIL MEMBERS: JOHSZ, MARQUEZ
ABSENT: COUNCIL MEMBERS: NONE
ITEMS INITIATED BY COUNCIL
LEAGUE OF CALIFORNIA CITIES - VOTING DELEGATE AND ALTERNATE [29:56] A motion was made by Council Member Bennett and seconded by Mayor Rogers to designate Council Member Marquez as Voting Delegate and Vice Mayor Moran as Alternate for Cal Cities Annual Conference scheduled for September 20 through 22, 2023, in Sacramento, California
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
City Clerk Balz announced that the Public Hearing Item No. 24, regarding Proposition 218 will be heard first.
PUBLIC HEARINGS
PROPOSITION 218 MAJORITY PROTEST PROCESS - SEWER (WASTEWATER) RATE INCREASES - RESOLUTON ADOPTED - ORDINANCE INTRODUCED [31:15] Habib Isaac, IB Consulting briefed the City Council on the staff report and provided a PowerPoint presentation, which is on file in the City Clerk's Office. He spoke about the timeline of the Utility Rate Study and workshops held, the proposed Wastewater Financial Plan, and the Fiscal Years 2024-28 Proposed Rate Schedule.
Mayor Rogers requested an explanation from City Attorney Hensley regarding the process of Prop 218. City Attorney Hensley explained that in November 1995 a ballot measure was passed to regulate how fees, assessments, and taxes would be imposed by governmental agencies for water, sewer, trash rates. He said that the City follows the Howard Jarvis Tax Payer Association protest procedures in which a majority of property owners and customers would have to protest to prevent the increase. He added that the City follows the rules as they were written. He added that the ballot sent out is to protest the fee to prevent the public agency from being able to impose it. He stated that the process the City follows is outlined in the California Constitution, and that
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the City goes above and beyond to notify the public with a detailed public notice and a ballot to return within the 45 days prior to the public hearing .
Further discussion ensued regarding what the City must to do to comply with the process and Council Member Johsz emphasized that the Inland Empire Utility Agency (IEUA) charge is a pass -through charge, and the City does not have the ability to treat wastewater.
Mayor Rogers opened the public hearing and asked if anyone wished to address the City Council on the matter.
Tom Smith, resident, commended the Council, and staff for handling the process for the past 20 years with no rate increase and requested rates be reconsidered more regularly.
John Bruner, Elaine Anderson, and M. Athena Real, residents, recommended recalling the sewer rate increase and reform the protest vote process for future ballots to add a support indicator.
Greg Troyer, resident, spoke on population growth and recommended rates be reconsidered every 5 years.
Mey S., resident, requested more public outreach regarding Proposition 218 vote and postponement.
Mayor Rogers closed the public hearing.
Vice Mayor Moran spoke on transparency of projects within the City and information sent to residents through e-notifications if residents choose to sign up.
Discussion ensued on the factors that went into the water rate increase including repair and replacement of existing facilities serving current customers that serves as a reinvestment in the system and added that the increase is not paying for the cost of capital construction to accommodate growth.
Council Member Bennett stated that the wastewater money is collected as a pass - through for Inland Empire Utility Agency (IEUA) who treats the City's discharge and emphasized that IEUA should be doing their own billing that the City collects on their behalf.
Council Member Johsz stated that IEUA has an elected Board of Directors that residents vote on and recommended residents sign up to be notified when agendas are posted.
City Attorney Hensley added Proposition 218 covers taxes, assessments, and fees.
The reference to the Constitution made earlier in public comments refers to the assessment portion of Proposition 218. Under that section, it is a weighted approval process, if weighted votes in favor outweighs the no votes, then it gets imposed; however, that process is for assessments not fees.
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Council Member Marquez added that 75 percent of the total pass -through cost is through IEUA, and 25 percent is the City's Operation and Maintenance Fee that needs to be charged for maintenance of sewer and water system.
Scott Koppel, Koppel & Gruber Public Finance, Consultant, reported that 7,030 ballot protests were received, 6,529 were scanned and noted that 501 were not scanned due to not being properly filled out. Of the 6,529 scanned a total of 6,312 ballots for unique parcels were counted, which falls below the 50 percent threshold of 11,360 needed to stop the rate increase.
Following discussion, a motion was made by Mayor Rogers and seconded by Council Member Bennett to (1) adopt Resolution No. 2023R-056 of the City of Chino Hills, Declaring the Results of the Proceedings for Adopting Wastewater Rates and Charges in Accordance With Article X111D of the California Constitution; (2) as no majority protest exists, introduce an ordinance setting the wastewater rates and charges entitled: An Ordinance of the City of Chino Hills, Setting the Amount of Wastewater Rates and Charges Pursuant to Health and Safety Code § 5471, Et. Seq., and Determining That the Subject Activity is Statutorily Exempt From Review Under the California Environmental Quality Act for first reading by title only and waiving further reading; (3) receive and file the final Wastewater Cost -of -Service Rate Study; and (4) determine that the subject activity is statutorily exempt from review under CEQA as rates, tolls fares, and other charges pursuant to Section 15273 of the CEQA Guidelines because it relates to the establishment, modification, structuring, restructuring, or approval of rates.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
EXTENSION OF TIME FOR TENTATIVE TRACT MAP 18393 - STONEFIELD DEVELOPMENT [01:01:05]
Mayor Rogers gave a brief overview of how this item became a public hearing item. He explained that the Planning Commission approved this item, and he requested that this item be pulled for future discussion. Council Member Marquez seconded the request thereby resulting in the current public hearing.
Senior Planner Gackstetter provided a PowerPoint presentation and briefed the Council on the staff report, which is on file in the City Clerk's Office. He provided the chronology of the Tentative Map expiration dates and the progress towards the final map recordation.
Mayor Rogers opened the public hearing and asked if anyone wished to address the City Council on the matter.
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Jan Edwards, resident and Board Member of Western Hills Estates, spoke on concern on safety and accessibility for residents and emergency vehicles during construction.
Gregg Pappas, resident, requested a traffic light be installed, review of the sewer system and water pressure and environmental check on traffic.
James Clark, resident, spoke on insurance companies requiring a separate fire insurance policy to live in Western Hills Estates and expressed concerns on emergency evacuations.
Erik Simonsen, resident, spoke on fire insurance concerns, and the need for new geological studies so that homes will not collapse due to poor soil.
Bob Pack, applicant, Stonefield Development, commended staff on the sequence of events that have occurred. He stated that fire is a concern for all and so they spoke with the Fire Marshal who stated that the development will serve as a barrier as far as containment is concerned and having permanent structures will help with that. Lastly, added that he concurs with all that has been done by staff.
Mayor Rogers closed the public hearing.
Mayor Rogers spoke on the number of extensions that have occurred on the project since 2018.
Vice Mayor Moran confirmed that the extension approval is for two more years and if granted the maximum number of homes that could be built would be 28. City Attorney Hensley answered affirmatively. Vice Mayor Moran asked if they would be required to conduct a traffic study. City Attorney Hensley responded that the only study the Council can ask for is a fire prevention analysis. He stated that the developer spoke about the traffic issue and swapping out the deceleration/acceleration lane for a traffic signal which would require Caltrans approval and stated we cannot compel the applicant to do a traffic study.
Council Member Marquez discussed Senate Bill 9, which would allow any tract home lot to divide into two lots subject to City conditions and that the addition of Junior Accessory Dwelling Units (ADU's) up to 500 square feet and ADU's up to 1000 square feet can be added to any home. In addition, he noted that Senate Bill 2011 allows for building multi -units on commercial sites and the City cannot oppose that. He stated that his concern with not granting the extension is that the project could return with double the units. Lastly, asked if a covenant could be included to mandate a traffic signal light.
Community Development Director Liguori responded that the approval is for the extension of time and the Council cannot change the mitigation that is required; however, if the applicant worked with Caltrans to get a signal approved at the location, it can return to the Planning Commission to revise the mitigation. Lastly, he added the traffic signal is a more feasible mitigation measure as the acceleration/deceleration lanes would require acquisition of private property and the traffic signal takes up less room.
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Discussion ensued on possibly returning the item to the Planning Commission, working with Caltrans on the feasibility of a traffic signal, the importance of safety in Carbon Canyon and the availability of emergency access roads.
City Attorney Hensley stated after hearing Council's concerns, if a majority would like staff to work with the developer about the issue of traffic and the traffic signal, an option would be to return to Council in two months to look at the ability to accommodate that concern, otherwise vote to approve it or deny it.
Mr. Pack agreed that there were no options back in 2009 for a traffic signal; however, times have changed, and the need for a traffic signal is important. He added that if it needs to be reconditioned and returned to the Planning Commission, they will move diligently to work it out. Their goal would be to have the two-year extension approved and then return to the Planning Commission.
Discussion ensued regarding setting up a future meeting with Caltrans and the reevaluation of the traffic study.
Neil Morrison, NDM Engineering, spoke on the traffic study conducted in 2008 that was part of the Environmental Impact Report, and stated that it was updated by the traffic study conducted separately by Iteris on behalf of the City in 2018.
Following discussion, a motion was made by Council Member Bennett to (1) adopt a Resolution of the City of Chino Hills, Approving Extension of Time 23EXT01 to Grant 24-Month Extension to the Second Phase of Tentative Tract Map No. 18393 Which Subdivides 29.8 Acres of Land to Create 25 Single -Family Residential Properties Located Northwest of Carbon Canyon Road and East of Fairway Drive.
Motion failed due to lack of second.
Subsequently, a motion was made by Council Member Marquez and seconded by Vice Mayor Moran to (1) continue the public hearing until September 12, 2023.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
DELINQUENT WATER, SEWER AND TRASH CHARGES COLLECTED ON TAX ROLL [02:09:44]
Finance Director Buhagiar provided a PowerPoint presentation and briefed the Council on the staff report, 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, Mayor Rogers closed the public hearing.
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Following discussion, a motion was made by Council Member Johsz and seconded by Council Member Marquez to (1) accept the revised report of delinquent water, sewer and trash service charges; and (2) authorize staff to record the delinquent water, sewer, and trash service charges as an assessment to the property owner on the County tax roll.
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 [02:12:30]
Public Information Officer Freeman announced the following information:
• RECREATION & CITY NEWS
o Summer Concerts and Movies Series
o Concerts in the park continues with Undercover Live playing a variety of top 40's hits on Wednesday at 7:00 p.m. at Veterans Park
o Movies in the Park returns with "Addams Family 2" at the Community Center Thursday, at 8:00 pm
ONLINE UTILITY BILL PAY (MUNIS) SYSTEM OUTAGE
o The City of Chino Hills Online Utility Bill Pay system known as Munis will be temporarily offline for scheduled maintenance and software updates from the beginning of the day Thursday, July 20 through Sunday, July 23
o Utility payments cannot be made online, over the phone, or in person during this time
o Customers may send payment by mail or use the drop box located inside the Government Center parking lot adjacent to the Library SAFETY UPDATES - Fire and Police [02:13:16]
Fire: Battalion Chief Joe De Soto stated that on the 4th of July holiday, the Fire District along with Chino Hills personnel; and the Chino Police Department, confiscated over 1,100 pounds of illegal and safe and sane fireworks from areas where they are not allowed, the Chino Valley Fire District responded to three firework related vegetation fires, seven firework related trash fires, and one firework related injury resulting in several firework related citations being issued. He announced a firework safe and surrender disposal bin at the Administration Office that ends on July 14th. He spoke on the increase of small vegetation fires and expects very significant fire weather to come.
Lastly, he encouraged those that live in a designated fire hazard area to prepare with Ready, Set, Go. Be READY by creating a defensible home, get SET by having a plan
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and preparing your family, and GO early to give your family the best chance of surviving a wildfire.
Police: Police Chief Goodell spoke on significant calls: Monday, July 3rd a male suspect was found unresponsive in his vehicle in gear, when deputies arrived, they found a large knife, a methamphetamine (meth) pipe, and meth. The suspect was subsequently arrested for possession of narcotics and transported to jail; Thursday, July 6th Deputies responded to a call of two subjects stealing mail and in possession of U.S. postal keys.
Both were on probation and had warrants for outstanding weapons. Both subjects were arrested and transported to jail. Lastly, he thanked Vice Mayor Moran for inviting patrol deputies who attended youth football camp at Chino Hills High School.
Council Member Bennett asked Police Chief Goodell to discuss his impending promotion and transfer. Police Chief Goodell stated this will be his last meeting and will be transferring as Deputy Chief effective July 29th.
COUNCIL REPORTS [02:18:53]
Mayor Rogers
• CHINO BASIN DESALTER AUTHORITY BOARD
Mayor Rogers attended the Chino Basin Desalter Authority Board meeting and stated that they approved several contracts for construction and planning for the two plants in Chino and Jurupa Valley. Lastly, they approved an amendment to employee agreement with Tom O'Neil, General Manager, which included a raise and a five-year extension.
Vice Mayor Moran
• SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
o ENERGY AND ENVIRONMENT COMMITTEE
Vice Mayor Moran attended the Southern California Association of Governments - Energy and Environment Committee meeting and stated that one presentation stood out from FEMA and she will share the information with the City's Emergency Services Coordinator.
Council Member Bennett
• CHINO VALLEY UNIFIED SCHOOL DISTRICT BOARD
Council Member Bennett stated that the Chino Valley Unified School District Board meeting was dark last week, and the next meeting will be July 20th at Don Lugo High School.
Council Member Johsz
LEGISLATIVE ADVOCACY COMMITTEE
Council Member Johsz attended the Legislative Advocacy Committee meeting and stated that they discussed the Governor's new budget and impacts, the new assembly speaker, and they are scheduling meetings with Senator Kelly Seyarto and Congresswoman Norma Torres.
CHINO HILLS CITY COUNCIL 2023-171
REGULAR MEETING JULY 11, 2023
Council Member Marquez
• OMNITRANS BOARD
Council Member Marquez attended the Omnitrans Board meeting and stated that they approved the West Valley Connector Operation and Maintenance agreement with the Cities of Montclair, Ontario, and Pomona.
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
o BOARD OF DIRECTORS
Council Member Marquez attended the San Bernardino County Transportation Authority (SBCTA) Board of Directors meeting and stated they approved General Counsel Employment Agreement, discussed Council of Governments Work Plan Update, and establishment of Council of Governments Ad Hoc Committee.
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
o REGIONAL COUNCIL
Council Member Marquez attended the Southern California Association of Governments - Regional Council meeting and stated that they discussed State, Regional and Federal updates, calling for applications for the REAP
2.0 Program, RHNA Reform process updates, and Draft Connect SoCal 2024 Performance Measures.
STATE ROUTE 91 ADVISORY COMMITTEE
Council Member Marquez attended the State Route 91 Advisory Committee meeting, and they discussed the Draft 2023 State Route 91 Implementation Plan, and the 241 to 71 northbound construction will be completed in mid -April 2025 and added the cost was estimated at $120 million but are currently up to $137 million and counting.
COUNCIL COMMENTS [02:22:51]
Johsz: Council Member Johsz thanked everyone who attended the City's July 3rd event.
Marquez: Council Member Marquez met with Dan Stephenson, of Rancon Group who is also the new owner of Vellano golf course and stated that Mr. Stephenson is engaging the community. He asked Assistant City Manager Hill to agendize and discuss an item regarding cell towers in City open space. He congratulated Police Chief Goodell for his service to the City. He spoke on the award of $6.5 million dollars needed for the Fire Station from dignitaries. Lastly, he spoke on the 10th anniversary of the Hope for the Hills.
CHINO HILLS CITY COUNCIL
REGULAR MEETING
2023-172
JULY 11, 2023
ADJOURN IN MEMORIAM AND IN HOPE [02:25:39]
Mayor Rogers adjourned the meeting at 8:25 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,
IRI
APPROVED: August 8, 2023