A G E N D AA G E N D A
CHINO HILLS CITY COUNCIL
REGULAR MEETING
TUESDAY, AUGUST 8, 2023
4:00 P.M. CLOSED SESSION
6:00 P.M. PUBLIC MEETING/PUBLIC HEARINGS
CIVIC CENTER, CITY COUNCIL CHAMBERS
14000 CITY CENTER DRIVE, CHINO HILLS, CALIFORNIA
This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the agenda unless the City Council makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the City subsequent to the posting of the agenda. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection in the Office of the City Clerk, in the public binder located at the entrance to the Council Chambers while the meeting is in session, and on the City's website at www.chinohills.org/Agendas. Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Office of the City Clerk at 14000 City Center Drive, Chino Hills, CA during normal business hours.
Speaker Cards - Those persons wishing to address the City Council on any matter, whether or not it appears on the agenda, are requested to complete and submit to the City Clerk a "Request to Speak" card available at the entrance to the City Council Chambers. In accordance with the Public Records Act, any information you provide on this form is available to the public. You are not required toYou are not required to provide personal information in order to speak, except to the extent necessary for the Cityprovide personal information in order to speak, except to the extent necessary for the City Clerk to call upon you. Clerk to call upon you. Comments will be limited to three minutes per speaker.
Emails and documents submitted will be considered a public document subject to posting on the City's website and are subject to the Public Records Act.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in the Council meeting, please contact the City Clerk's Office, (909) 364-2620, at least 48 hours prior to the meeting to enable the City to make reasonable arrangements. Click here to view the City's Reasonable Accommodation Policy or contact the City Clerk's office to obtain a copy.
PLEASE SILENCE ALL ELECTRONIC DEVICES WHILE COUNCIL IS IN SESSION. ThankPLEASE SILENCE ALL ELECTRONIC DEVICES WHILE COUNCIL IS IN SESSION. Thank you. you.
CITY COUNCIL MEMBERS
PETER J. ROGERS, MAYOR
CYNTHIA MORAN, VICE MAYOR
ART BENNETT
BRIAN JOHSZ
RAY MARQUEZ
BENJAMIN MONTGOMERY MARK D. HENSLEY CHERYL BALZ
CITY MANAGER CITY ATTORNEY CITY CLERK
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4:00 P.M. - CALL TO ORDER / ROLL CALL4:00 P.M. - CALL TO ORDER / ROLL CALL
1.PUBLIC COMMENTS:PUBLIC COMMENTS: At this time members of the public may address the City Council regarding any items appearing on the Closed Session agenda. Those persons wishing to address the City Council are requested to complete and submit to the City Clerk a "Request to Speak" card available at the entrance to the City Council Chambers. Comments will be limited to three minutes per speaker.
RECESS INTO CLOSED SESSIONRECESS INTO CLOSED SESSION
CLOSED SESSIONCLOSED SESSION
2.Public Employment Performance Evaluation pursuant to Government Code Section 54957 - City Manager
3.LIABILITY CLAIMS - Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) Existing Litigation:
a.Ashley Bautista, an incompetent, by and through her Guardian ad Litem, John Bautista v. City of Chino Hills, a public entity, and Does 1 To 50, inclusive, San Bernardino County Court Case No. CIVDS 2103831
b.Joshua Poli, an individual v. City of Chino Hills, a public entity, and Does 1 To 30, inclusive, San Bernardino County Superior Court Case No. CIVSB 2215339 c.Niral Patel, Alec Justice v. Andrew Paul Brown; City of Chino Hills; County of San Bernardino; San Bernardino County Sheriff's Department; and Does 1 to 90, inclusive, Los Angeles County Superior Court Case No. 22STCV40050 d.Eman Tanagho, as the Surviving Biological Mother of Decedent, Jamil Tanagho v.
Reynolds Sports Management, Big League Dreams Chino Hills, LLC, City of Chino Hills, and Does 1-20, inclusive, Riverside County Superior Court Case No.
CVRI2302786
e.Jie Zou, as Administrator of the Estate of Mingxiang Zou v. City of Chino Hills, San Bernardino County Superior Court Case No. CIVSB 2316320
4.Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) Existing Litigation - Mike Tabor v. City of Chino Hills, City Manager Ben Montgomery - Case No. CVISB 2318146
5.Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1):
Existing Litigation: City of Chino Hills v. 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
6.Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) Existing Litigation - City of Chino Hills v. Jichun Jiang, Ann Qian Wang, Jose Iniguez, Maria Iniquez, James Wen-Chungtien Tien, Man-Po Wang, Chen-Fu Lei, Hsiu-Chin Rev Fam Tr 6/17, and Does 1 through 30, inclusive - Case No. CIVSB 2301707 2/310
7.Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) Existing Litigation - City of Chino Hills v. Wai Min Liu, Yi Liu, W Liu & Y Liu Family Rev Liv Tr 11/12/20, Lonnie Weber, Robert Weber, Santos Lemus, and Does 1 through 30, inclusive - Case No. CIVSB 2302673
8.Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) Existing Litigation - City of Chino Hills v. Weiming Mo, Zhao Jun, and Does 1 through 30, inclusive - Case No. CIVSB 2312001
9.Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) Existing Litigation - City of Chino Hills v. Warren Tsang, Michelle Tsang, Tsang Family Trust 10/22/14, and Does 1 through 30, inclusive - Case No. CIVSB 2305319
10.Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(4) Potential Initiation of Litigation (5 cases)
6:00 P.M. - CONVENE MEETING / ROLL CALL6:00 P.M. - CONVENE MEETING / ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAGPLEDGE OF ALLEGIANCE TO THE FLAG INVOCATION: INVOCATION: Pastor Ken Elben, Chino Valley Community Church
PRESENTATIONSPRESENTATIONS
11.RECOGNITION - Presentation of Certificate of Commendation to Police Chief Garth Goodell for his dedicated service to the Chino Hills Community
12.RECOGNITION - Presentation of Certificates of Recognition to Chino Hills Girls Softball 8U Red Team - First Place District Tournament Champions
13.INTRODUCTION - New Employees: Erica Carrico, Utility Billing, Finance Department and Al Girard, Police Chief, San Bernardino County Sheriff's Department
14.PRESENTATION - Presentation on Wildfire Mitigation and efforts to protect grid by Southern California Edison
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSIONANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION
15.PUBLIC COMMENTS: PUBLIC COMMENTS: At this time members of the public may address the City Council regarding any items within the subject matter jurisdiction of the Council, whether or not the item appears on the agenda, except testimony on Public Hearing items must be provided during those hearings. Please complete and submit to the City Clerk a "Request to Speak" card. Comments will be limited to three minutes per speaker.
CONFLICT OF INTEREST ANNOUNCEMENTS:CONFLICT OF INTEREST ANNOUNCEMENTS: Council Member abstentions shall be stated at this time for recordation on the appropriate item. 3/310
CITY DEPARTMENT BUSINESSCITY DEPARTMENT BUSINESS
CONSENT CALENDAR (14 ITEMS) -CONSENT CALENDAR (14 ITEMS) - All matters listed on the Consent Calendar are considered routine by the City Council and may be enacted by one motion in the form listed below. There will be no separate discussion of these items unless, before the City Council votes on the motion to adopt, Members of the City Council or staff request the matter to be removed from the Consent Calendar for separate action. Removed consent items will be discussed immediately after the adoption of the balance of the Consent Calendar.
16.Approve July 11, 2023, City Council Meeting Minutes
17.Ratify payments over $25,000 totaling $4,135,939.56 for month ended June 30, 2023
18.Receive and file Investment Report for month ended June 30, 2023
19.Adopt ordinance revising regular meeting start times of Parks and Recreation, Planning, and Public Works Commissions entitled: "An Ordinance of the City of Chino Hills Amending Title 2, Administration and Personnel, Chapter 2.28 - Boards and Commissions 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, Section 2.40.060 of the Chino Hills Municipal Code Relating to Time and Place of Meetings of Each Commission" for second reading (Introduced July 11, 2023)
20.Adopt ordinance setting amount of 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 Exempt From Review Under the California Environmental Quality Act" for second reading (Introduced July 11, 2023)
21.Authorize execution of Amendment No. 1 to Agreement No. A2023-077 with The Code Group, Inc. dba VCA Code increasing total not-to-exceed amount to $95,000 to provide for part-time contract building inspector through end of 2023
22.Approve establishment of list of pre-qualified Building, Geological, Commercial Brokerage, and Engineering-Land Development Services Consultants to be valid up to five years and superseding previous on-call consultants list
23.Award bid and authorize execution of agreement with Ludwig Engineering Associates, Inc., in amount not-to-exceed $118,870 for design plans and specifications for Community Park Expansion of Parking Lot and Pavement Improvements Project located at 3280 Eucalyptus Avenue and determine project exempt from review under California Environmental Quality Act
24.Find exception to competitive bidding procedures under Chino Hills Municipal Code (CHMC) Section 3.16.110.G applies because Mohawk Carpet Distribution Inc., has existing contract through Sourcewell and procurement process utilized by entity is substantially similar to CHMC Chapter 3.16 - Purchasing System; and authorize issuance of purchase order to Mohawk Carpet Distribution Inc., utilizing Cooperative Purchase Contract #080819-MCD in amount of $78,151.81 for the purchase of carpet and flooring for stairways at City Hall and Police Department building 4/310
25.Find exception to competitive bidding procedures under Chino Hills Municipal Code (CHMC) Section 3.16.110.G applies because Embankscape Equipment, LLC dba RC Mowers ("RC Mowers") has existing contract through HGACBuy and procurement process utilized by entity is substantially similar to CHMC Chapter 3.16 Purchasing System; and authorize issuance of purchase order to RC Mowers utilizing Cooperative Purchase Contract #GR01-20 in amount of $72,241.46 for purchase of remote-operated slope mower
26.Adopt resolution approving specifications/scope of work for McCoy Equestrian Center Barn Exterior Rehabilitation Project located at 14280 Peyton Drive; authorize staff to solicit bids for project; and determine project exempt from review under California Environmental Quality Act
27.Adopt resolution approving design and specifications for Community Park Scoreboards Replacement Project located at 3280 Eucalyptus Ave pursuant to Government Code Section § 830.6; authorize staff to solicit bids for construction; and determine project exempt from review under California Environmental Quality Act
28.Authorize execution of agreement with RMA Group in amount not-to-exceed $89,200 for Quality Assurance/Quality Control engineering services for Shady View Residential Project located at southern terminus of Shady View Drive
29.Adopt resolutions adopting revised Measure I Five-Year Capital Improvement Plan for Fiscal Years 2022-23 through 2026-27 and Measure I Five-Year Capital Improvement Plan for Fiscal Years 2023-24 through 2027-28 PUBLIC HEARING -PUBLIC HEARING - This portion of the City Council Agenda is for all matters that legally require an opportunity for public input. Please complete and submit a speaker card to the City Clerk. Comments will be limited to three minutes per speaker.
30.Adopt resolution adopting written report regarding sewer charges for Fiscal Year 2023-24 and directing that such charges be collected on County Tax Roll for Fiscal Year 2023-24
31.Add new Administrative Policy Section 2.3 - Tree Trimming Resi-Pay Program to Administrative Policies and Procedures Manual and adopt resolution amending Resolution No. 2023R-021 to add Table 10 for Tree Trimming Service Fees and Resi-Pay Admin Fee to Master Schedule of Fees, Fines and Penalties and determine adoption of the Tree Trimming Resi-Pay Program Policy and fees exempt from review under California Environmental Quality Act
PUBLIC INFORMATION OFFICER REPORTPUBLIC INFORMATION OFFICER REPORT SAFETY UPDATES - Fire and PoliceSAFETY UPDATES - Fire and Police
COUNCIL REPORTSCOUNCIL REPORTS
Mayor RogersMayor Rogers
Chino Basin Desalter Authority Board
Tres Hermanos Conservation Authority Board
Water Facilities Authority Board
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Council Member BennettCouncil Member Bennett
Chino Valley Independent Fire District Board
Chino Valley Unified School District Board
Council Member MarquezCouncil Member Marquez
Cal Cities (League of California Cities)
Board of Directors
Inland Empire Division Meeting
Legislative Committee
Southern California Association of Governments
Legislative Communications and Membership Committee
COUNCIL COMMENTSCOUNCIL COMMENTS
ADJOURN IN MEMORIAM AND IN HOPE: ADJOURN IN MEMORIAM AND IN HOPE: Adjourn in tribute and honor of those who serve and have served in the Armed Forces at home and abroad. Their sacrifice and strength protect the goals and ideals that have made this Country great. 6/310
CITY OF CHINO HILLS
CITY COUNCIL
DECLARATION OF POSTING NOTICE
Lynnae Sisemore states and declares as follows:
I hereby certify under penalty of perjury under the laws of the State of California, that I posted the Agenda of the City Council for the meeting scheduled for August 8, 2023, next to the Council Chambers, 14000 City Center Drive, Chino Hills, California, not Tess than 72 hours prior to the meeting.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on August 3, 2023, at Chino Hills, California.
CITY OF CHINO HILLS
)
L : e Sisemore
Assistant City Clerk