2023-255
MINUTES
CITY COUNCIL
CITY OF CHINO HILLS
NOVEMBER 28, 2023
REGULAR MEETING
Mayor Rogers called the Closed Session meeting to order 5:00 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
PUBLIC COMMENTS
There were no public comments.
RECESS TO CLOSED SESSION
Mayor Rogers declared the meeting recessed at 5:00 p.m. for Closed Session. City Clerk Balz did not attend this portion of the meeting.
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. 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
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d. Jie Zou, as Administrator of the Estate of Mingxiang Zou v. City of Chino Hills, San Bernardino County Superior Court Case No. CIVSB 2316320
REAL PROPERTY NEGOTIATION
Conference with Real Property Negotiators pursuant to Government Code Section 54956.8 for price and terms for 5,535 square-feet of City open space, directly behind 13662 Monteverde Drive, APN 1023-691-25; Jeronimo and Luz E. Gutierrez, Negotiating Party, and Benjamin Montgomery, City's Negotiator
CLOSED SESSION RECESS
Mayor Rogers recessed the Closed Session at 5:30 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
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
BRANDON FONACIER, COMMUNITY RELATIONS ANALYST
NICOLE FREEMAN, PUBLIC INFORMATION OFFICER
ALLEN GIRARD, CHIEF OF POLICE, CHINO HILLS POLICE
DEPARTMENT
ROD HILL, ASSISTANT CITY MANAGER
NICHOLAS LIGUORI, COMMUNITY DEVELOPMENT
DIRECTOR
JONATHAN MARSHALL, COMMUNITY SERVICES DIRECTOR
LYNNAE SISEMORE, ASSISTANT CITY CLERK
CARLOS SKIBAR, DEPUTY FIRE CHIEF, CHINO VALLEY
INDEPENDENT FIRE DISTRICT
PLEDGE OF ALLEGIANCE TO THE FLAG [01:14]
Led by Mayor Rogers.
INVOCATION [01:45]
Led by Pastor Joel Pickett, Calvary Chapel Chino Hills
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CITY COUNCIL REORGANIZATION - SELECTION OF MAYOR AND VICE MAYOR [04:32]
Council Member Johsz nominated Vice Mayor Moran to be the next Mayor of Chino Hills and Art Bennett to be the next Vice Mayor of Chino Hills. On a motion made by Council Member Johsz and seconded by Council Member Marquez, the City Council selected Cynthia Moran to serve as Mayor and Art Bennett to serve as Vice Mayor for a term of December 1, 2023, through November 30, 2024.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
PRESENTATIONS
PROCLAMATION - PURPLE HEART CITY [05:45]
Mayor Rogers presented a Proclamation proclaiming Chino Hills as a Purple Heart City to resident, Vietnam Veteran, and Purple Heart recipient Ronnie Guyer.
Mr. Guyer thanked the City Council for the recognition, spoke about his personal journey with assisting Veterans, and expressed how proud he was to be part of a holy organization such as the United States Military.
Mayor Rogers presented Mr. Guyer with a Veterans Salute to Service Coin that was given to Veterans at the recent Veterans Day commemoration.
COMMEMORATION - CENTENNIAL OF BOYS REPUBLIC DELLA ROBBIA WREATH PROGRAM [10:46]
Mayor Rogers presented Chris Burns, Executive Director for Boys Republic, a Certificate of Commemoration on behalf of the City in honor of the 100th anniversary of the Della Robbia Wreath Program. Executive Director Burns presented the City with a holiday wreath, shared that the Boys Republic has sold over three million wreaths, and spoke about how the wreath program benefits the Boys Republic, and how proud he is of alumnus Valerie Chavez who went through the program years ago.
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION [16:22]
There was no reportable action taken in Closed Session.
PUBLIC COMMENTS [16:27]
Ryan Sonnenberg, Director of Chino Basin Water Conservation District, informed the Council that the basins are still full from the historic rain fall received this past year and that the Conservation District is storing as much water in the ground as possible.
Director Sonnenberg wished the Council a Happy Holidays and invited them to attend a celebratory Time Capsule event for the District's 75th Anniversary on January 18, 2024, from 11:00 a.m. - 1:00 p.m.
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Mike Cargile stated that he is running for Congress and spoke about an article he read relating to Bob Goodwin and asked the Council to publicly apologize to him as a show of leadership to avoid the discourse it has recently caused in the City.
Donald Foster, resident, spoke about the recent abundance of construction in Chino Hills, complimented the sites for their fencing while under construction and expressed his displeasure with the current construction at the Buddhist Temple in Chino Hills and the potential for safety hazards for gatherings while the site is under construction.
CONFLICT OF INTEREST ANNOUNCEMENTS
There were no conflict-of-interest announcements to record.
CITY DEPARTMENT BUSINESS
CONSENT CALENDAR [23:55]
Mayor Rogers announced the Consent Calendar items and asked the Council if there were any items to pull.
Council Member Marquez requested that the minutes be revised as the wording under Southern California Regional Rail Authority (Metrolink) belongs under Southern California Association of Governments, Regional Council.
A motion was made by Council Member Marquez and seconded by Council Member Johsz to approve the following Consent Calendar items:
MINUTES
The City Council approved the November 14 and 16, 2023, City Council Regular and Special Meeting Minutes, as amended.
AMENDMENT - DEVELOPMENT FEE PROGRAM EVALUATION
The City Council authorized the execution of Amendment No. 1 to Agreement No. A2023-013 with Willdan Financial Services extending the agreement term to December 31, 2024, with an additional one-year renewal option, for the Development Impact Fee Program Evaluation.
ANNUAL COMPREHENSIVE FINANCIAL REPORT
The City Council (1) approved the Annual Comprehensive Financial Report for the Fiscal Year ended June 30, 2023, and (2) ratified budgeted payrolls and demands paid by warrants, in the form of the audited report attached to the written staff report.
AGREEMENT - ON-CALL CONCRETE SERVICES
The City Council (1) authorized the execution of five-year Agreement No. A2023-227 with Hardy & Harper, Inc., in an amount estimated at $300,000 per year for a total contract amount not-to-exceed $1,500,000 to provide on-call concrete services for the annual sidewalk replacement program and potentially repairs in the City parks; and (2) determined the project to be exempt from review under the California Environmental Quality Act of 1970, as amended, Public Resources Code Section 21000 et. seq. ("CEQA") pursuant to Section 15301 of CEQA Guidelines.
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AGREEMENT - NATURE PARK LANDSCAPE MAINTENANCE - RESOLUTION
ADOPTED
The City Council (1) adopted Resolution No. 2023R-091 of the City of Chino Hills, Adopting a Budget Amendment for Fiscal Year 2023-24 Increasing the Budget in the General Fund Parks and Landscape Operations and Maintenance Fund by$61,000 for Nature Park Landscape Maintenance; (2) authorized the execution of Agreement No. A2023-228 to Landscape Pro Services (LPS), estimated at $122,000 per year for a total contract amount not-to-exceed $610,822 to provide nature park landscape maintenance services at Hickory Creek, Eucalyptus, Strickling and Hollow Run Nature Parks located between Pipeline Avenue and Peyton Drive and Chino Hills Parkway and Woodview Road; and (3) determined the project to be exempt from review under the California Environmental Quality Act of 1970, as amended, Public Resources Code Section 21000 et. seq. ("CEQA") pursuant to Section 15301 of CEQA Guidelines.
AMENDMENT - ENGINEERING DESIGN SERVICES FOR 1,2,3-
TRICHOLOROPROPANE REMOVAL TREATMENT PLANT PROJECT
The City Council authorized execution of Amendment No. 2 to Agreement No. A2021-042 with Hazen and Sawyer increasing the total contract by $145,664.00 to a not-to-exceed amount of $1,434,426.00 for the continuation of engineering design services and additional construction support services for the 1,2,3-Tricholoropropane (1,2,3-TCP) Removal Treatment Plant Project located west of 3982 Eucalyptus Avenue.
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 [24:38]
Public Information Officer(PIO) Freeman announced the following information:
• CITY RECEIVES EXCELLENCE IN FINANCIAL REPORTING AWARD o The City has received the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association of the United States for its Annual Comprehensive Financial Report covering the Fiscal Year 2021-2022.
o This is the highest recognition in government accounting and financial reporting and recognizes local governments for preparing the ACFR in a manner that fosters transparency and full disclosure.
o To view the City's ACFR, visit the City's Public Records portal at www.chinohills.org/PublicRecords and select "ACFR."
• RECREATION EVENTS
o The City's official Tree Lighting Ceremony is this Saturday, December 2nd.
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o Free family-friendly events will start at 5:00 pm and the Ceremony will begin at 6:15 pm to light the tree followed by Santa's arrival. o Deadline to enter the 2023 Photo Contest is Friday, December 15th. o Winners will be awarded gift card prizes ranging from $50 to $250 o Learn more and enter online at www.chinohills.org/PhotoContest. • ENGLISH SPRINGS PARK TEMPORARY CLOSURE
o English Springs Park is temporarily closed through Friday, December 15th, while crews work to repair and replace the concrete. During this time, the parking lot and park amenities will be unavailable for use.
SAFETY UPDATES - Fire and Police [26:08]
Fire: Deputy Fire Chief Carlos Skibar stated that the Ambulance Transport Request for Proposal (RFP)will be brought before the San Bernardino County Board of Supervisors on December 5th and asked elected officials to attend the meeting for continued support for a more robust medical transportation service to the community. He also stated that the deadline for community members to submit nominations for the Fred L. Burns award is December 31 st. Deputy Fire Chief Skibar explained the meaning of the award and said additional information can be found at www.cvifd.org, under the quick links. Lastly, Deputy Fire Chief Skibar said that the Fire District is looking forward to spending time with the community's seniors at the delivery event on December 5th at the Community Center and that tickets are sold out for this event.
Police: Police Chief Girard said that as the shopping season is in full swing the community can expect increased criminal activity in retail shopping areas. He said that the Chino Hills Police Department has increased patrol and surveillance in retail areas to deter crime. Police Chief Girard asked the community to stay vigilant while shopping and to not leave purses or packages unattended or visible in unattended vehicles. He also asked the Community to contact the Police Department if they are being followed.
Lastly, Police Chief Girard shared that the Chino Hills Police Department recently deployed body-worn cameras for all Chino Hills Deputies to wear while on duty to maintain high standards of policing, accountability, and transparency.
Vice Mayor Moran asked Police Chief Girard if the Chino Hills station is still accepting toy donations for their annual toy drive. Police Chief Girard stated that the station located at 14077 Peyton Drive is still collecting toy donations Monday through Friday, from 8:00 a.m. to 5:00 p.m. in the station lobby.
Vice Mayor Moran thanked Police Chief Girard and the station for hosting a great Coffee-with-a-Cop event at the Albertsons in the southern end of Chino Hills. Police Chief Girard in return thanked Vice Mayor Moran for organizing the event and for the wonderful staff at Albertson's.
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COUNCIL REPORTS [32:21]
Mayor Rogers
• WATER FACILITIES AUTHORITY BOARD
Mayor Rogers attended the Water Facilities Authority Board meeting and said that the meeting was primarily in closed session and funding approvals for SCADA, valve replacements, etc.
• CHINO HILLS COMMUNITY FOUNDATION BOARD
Mayor Rogers attended the Chino Hills Community Foundation Board (Foundation) meeting and they will soon be welcoming back a former Board Member, Grace Capps, which will be addressed at the next council meeting.
Mayor Rogers said that the Foundation will now make an annual donation to the Chino Hills Historical Society, beginning with a one-time sum and then an annual donation thereafter. Lastly, the Foundation spoke about the successes of Wine Walk.
COUNCIL COMMENTS [32:21]
Rogers: Mayor Rogers asked Community Development Director Liguori to present a review on what the community can expect with new businesses in the City.
Community Development Director Ligouri reported on the following:
• The relocation and expansion of the Costco gas station. He stated that Costco received their permits for the demolition of two buildings where the new 32 bay gas station will be relocated, and that demolition is expected to commence on January 2nd or 3rd. He also stated that the Costco Warehouse will be expanding and the location where the current gas station is will become a parking lot, which should be completed in the better part of next year. The Community Development Department is close to finalizing the plans for Fire Station 68 which will be located on Soquel Canyon Parkway. He said the report should be presented to the Planning Commission next month and then to the City Council in January 2024. Golf Tec, an indoor coaching facility located at the Los Serranos Country Club, will go to plan check soon and construction will begin late next year.
• Prime Car Wash is trying to build a car wash at the corner of Ramona and Chino Hills Parkway, on a vacant triangle of land adjacent to the freeway, and it is in its final stages of entitlements and is likely to go before the Planning Commission for approval in January 2024.
Mayor Rogers asked if there was anything unique about this carwash and Community Development Director Ligouri replied that it will have a detailing bay.
Mayor Rogers asked if there were any additional items he could share. Community Development Director Ligouri stated that there will be a facility called Lost Levels opening in the spring next to The Stand at The Shoppes, which has a retro video game
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concept. Council Member Johsz said he has been to the location in downtown Claremont, and it is a fun facility.
Mayor Rogers stated that the Council had a successful goal setting workshop led by a facilitator where goals were discussed for the near and long terms and different amenities and items to pursue. He asked City Manager Montgomery to review the top three goals. City Manager Montgomery stated that Council and staff focused on 14 different priorities that were brought forward by the Council and they narrowed down the list to three main items that would be diligently worked on for the next year: (1) the landscape and lighting district deficit; (2) for staff to focus on expenditures and to manage costs and improvements to revenue; and (3)the potential of developing another small community center on the south side of Chino Hills. City Manager Montgomery stated there will be a full presentation of the workshop at the next City Council meeting.
Mayor Rogers stated the Council received great news from Caltrans that Sacramento approved the truck restrictions that the cities of Chino Hills and Brea have been requesting for the last seven years. Council Member Johsz asked what type of vehicles will be precluded from Carbon Canyon. Public Works Director Bobadilla stated that vehicles with four or more axles will be precluded. Mayor Rogers stated that no more Amazon trucks or car carriers will be able to use Carbon Canyon. Council Member Marquez thanked prior City Manager Rad Bartlam, Brea City Manager Bill Gallardo, and Brea City Council Members Marty Simonoff and Ceclia Hupp, Mayor Rogers, and staff for following through and championing the cause. Council Member Marquez apologized to the Community for how long the process took and Mayor Rogers said that dealing with bureaucracy can be a slow process. Vice Mayor Moran said that this will be the second highway in California that will have truck restrictions. Council Member Marquez stated that it's difficult to go through the process when there are multiple counties involved.
Mayor Rogers said that Big League Dreams hosted an event on Saturday, where Cincinnati Reds starting pitcher Hunter Greene gave away shoes to the community.
City Manager Montgomery stated that 1,275 cleats, swag bags, and lunch boxes were given out to those in attendance. Mayor Rogers said it was a great community event and he commended Hunter Greene for his community outreach efforts.
Mayor Rogers asked about taco stands that have been recently popping up in town and is concerned with health permits and the ability to shut them down quickly. City Manager Montgomery stated that the Police Department and Code Enforcement team have been working in tandem with vendors and informing them that the City has prohibitions against illegal vending and an ordinance that requires a sidewalk vending permit. He stated that this type of vending can be challenging as it is known to be a revolving door and that other local communities have begun to seize the vendors equipment as a tool of compliance and enforcement. City Manager Montgomery stated that if the Police Department and Code Enforcement decided it was warranted to implement these types of tools that a report would be presented to the City Council first.
Mayor Rogers suggested that the City research what other cities are doing to combat illegal vending and if there is a legal nuance that can be pursued.
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Johsz: Council Member Johsz said that the Coffee-with-a-Cop event was successful, and he thanked Police Chief Girard for organizing and Albertson's staff for hosting the event. Council Member Johsz said that it was nice of Hunter Greene to pick Chino Hills for his outreach event at Big League Dreams and for him to give back to the community after Thanksgiving.
Bennett: Council Member Bennett said that the Christmas Tree Lighting ceremony will be held on Saturday, December 2nd and that Santa will be delivered on the Chino Valley Independent Fire District truck. He also reminded the public that the first meeting in December will be the last meeting of the year due to the holidays.
Marquez: Council Member Marquez asked Community Services Director Marshall if he was able to visit the field in Fontana for pickle ball. Community Services Director Marshall stated that he and two staff members were able to visit Bulik Park in Fontana and staff is gathering information about that park, as well as additional facilities that house roller hockey or are joint use type of facilities. Council Member Marquez asked if the surface at the park supports both pickleball and roller hockey. Community Services Director Marshall said that the multitude of users at Bulik park are satisfied with the surface. Council Member Marquez invited the community to have coffee and donuts with him on Saturday, December 9th at Western Hills Country Club, between 10:00 a.m. and 12:00 p.m. to discuss issues in the community. He thanked Mayor Rogers and Vice Mayor Moran for a great year.
Moran: Vice Mayor Moran asked for the date of the San Bernardino County Board of Supervisors meeting and asked City Clerk Balz to place the date on the Council calendar. Vice Mayor Moran asked City Manager Montgomery how many residents are signed up for eNotify and asked if a note can be placed on the water bill directing residents on how they can sign-up for e-notify. She thanked her Council colleagues for voting her in as the next Mayor and commended the Council for always supporting each other.
Mayor Rogers asked the students in the audience why they were in attendance. An Ayala High School student stated his group is attending for their government project and they must summarize the meeting.
Jovani Para stated that he attended on behalf of Boy Scout Troop 1776 and is working towards his Eagle Scout Rank and earning his Citizenship in the Community badge.
ADJOURN IN MEMORIAM AND HOPE [56:56]
Mayor Rogers adjourned the meeting at 6:57 p.m. in tribute and honor of those who
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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.
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CHERYL , CITY ERK
APPROVED: December 12, 2023
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