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MINUTES
CITY COUNCIL
CITY OF CHINO HILLS
JUNE 11, 2024
REGULAR MEETING
CONVENE MEETING AND ROLL CALL
Mayor Moran called the meeting to order at 6:00 p.m. and requested City Clerk Balz to call roll.
PRESENT: COUNCIL MEMBERS: CYNTHIA MORAN
ART BENNETT
BRIAN JOHSZ
RAY MARQUEZ
PETER ROGERS
ABSENT: COUNCIL MEMBERS: NONE
ALSO PRESENT: BEN MONTGOMERY, CITY MANAGER
MARK HENSLEY, CITY ATTORNEY
CHERYL BALZ, CITY CLERK
JEREMY AULT, DEPUTY FIRE CHIEF, CHINO VALLEY FIRE
DISTRICT
DANIEL BOBADILLA, PUBLIC WORKS DIRECTOR
CHRISTA BUHAGIAR, FINANCE DIRECTOR
BRANDON FONACIER, COMMUNITY RELATIONS ANALYST II
NICOLE FREEMAN, PUBLIC INFORMATION OFFICER
WENDI GENSEL, DEPUTY CITY CLERK II
ROD HILL, ASSISTANT CITY MANAGER
NICHOLAS LIGUORI, COMMUNITY DEVELOPMENT
DIRECTOR
BRYAN SPRAGUE, SERGEANT, CHINO HILLS POLICE
DEPARTMENT
PLEDGE OF ALLEGIANCE TO THE FLAG [01:18]
Led by Mayor Moran.
INVOCATION [01:48]
Led by Father Joseph Pilotin, St. Paul the Apostle Catholic Church.
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PRESENTATIONS
HIGHLIGHTED VOLUNTEERS - ACTIVE ADULT SCRAPBOOK PROGRAM VOLUNTEERS [03:50]
Mayor Moran presented certificates of recognition on behalf of the City, Congresswoman Kim, Senators Newman and Seyarto, Assemblymember Chen, and County Supervisor Hagman to the Active Adults Card Making and Scrapbooking Volunteers Debbie Keller and Kathy Jackson for helping grow and monitor the program.
Ms. Keller and Ms. Jackson thanked the City of Chino Hills for the recognition and promoted both the Active Adults program held at the Community Center and Genealogy program at Chino Hills Library.
PUBLIC INFORMATION OFFICER REPORT [06:46]
Public Information Officer (PIO) Freeman announced the following information:
• RECREATION & CITY NEWS
o Concert in the Park kicks off this Wednesday, June 12th at 7:00 pm at Veterans Park with music by Gold Rush Country
o Movies in the Park continues this Thursday, June 13th with a screening of "Teenage Mutant Ninja Turtles: Mutant Mayhem"
• NATIONAL NIGHT OUT - TUESDAY, AUGUST 6
o Neighborhoods participate by hosting their own gatherings including potlucks and barbecues on Tuesday, August 6th from 6:00 pm to 9:00 pm
o During the evenings, City Council Members, Deputies, Chino Valley Firefighters, Citizens on Patrol, and McGruff and Sparky will visit as many events as possible
o Those who register their neighborhoods events online at www.chinohills.org/NNO by Monday, July 22nd will receive a neighborhood organizing kit while supplies last
• ROADWORK IN CHINO HILLS
o Boys Republic Drive is currently closed between Peyton Drive and City Center Drive through Thursday, June 13th while crews work to modify the traffic signal and crosswalk area
o Caltrans will be performing landscape maintenance in Carbon Canyon on Thursday, June 13th and Friday, June 14th from 9:00 am to 2:00 pm daily. Commuters should expect delays due to a flagging operation • CIM PETITION
o Residents are encouraged to let their voices be heard and express their concerns regarding the recent transfer of "death row" inmates to the California Institute for Men in Chino by signing the online petition before it closes June 12th.
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o The petition can be found online at www.chinohills.org/CIM and will be sent directly to Governor Newsom.
PUBLIC COMMENTS [08:15]
City Clerk Balz announced that the agenda includes a new definition of "City Business" on the first page of the agenda that was developed in response to requests by the City Council and the public.
Jim Gallagher, resident, spoke on the City's Investment Report and specific investments contained within the report.
Billou (Bill) Said, Farzana, Hatim, Kenneth, Huda, and Safia spoke about divestment from the Caterpillar Company as part of the City's investment report and adopting an ethical investment policy.
Selena offered a land acknowledgment to the Tongva people and mentioned that June is LGBTQ Pride month. City Attorney Hensley asked Selena to discuss items regarding City business during this portion of the meeting. She spoke about divestment from the Caterpillar Company as part of the City's investment report and adopting an ethical investment policy.
CONFLICT OF INTEREST ANNOUNCEMENTS [31:06]
There were no conflict-of-interest announcements to record.
CITY DEPARTMENT BUSINESS
CONSENT CALENDAR [31:23]
Mayor Moran announced the Consent Calendar items and asked the Council if there were any items to pull.
Council Member Marquez pulled item No. 8, pertaining to the Pinehurst Park Community Center and Splash Pad Project.
A motion was made by Council Member Johsz and seconded by Council Member Marquez to approve the following Consent Calendar Items:
MINUTES
The City Council approved the May 28, 2024, City Council Special / Regular Meeting Minutes, as presented.
PAYMENT REGISTER
The City Council ratified payments over $25,000 totaling $4,622,896.83 for the month ended April 30, 2024, as presented.
MONTHLY FINANCIAL REPORT
The City Council received and filed the monthly Financial Report for the month ended April 30, 2024, as presented.
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INVESTMENT REPORT
The City Council received and filed the Investment Report for the month ended April 30, 2024, as presented.
CITY COUNCIL MEETING CANCELLATIONS
The City Council authorized the cancellation of the July 23, August 27, and December 24, 2024, City Council meetings.
VETERANS PARK ELECTRICAL REPAIRS PROJECT - RESOLUTION ADOPTED The City Council (1) adopted Resolution No. 2024R-043 of the City of Chino Hills, Approving The Specifications/Scope of Work for the Veterans Park Electrical Repairs Project Pursuant to Government Code Section § 830.6; (2) authorized staff to advertise and solicit bids for the Veterans Park Electrical Repairs Project; and (3) determined the Project to be exempt as Class 2(c) Categorical Exemption from review under the California Environmental Quality Act of 1970, as amended, Public Resources Code Section 21000 et seq. ("CEQA"), pursuant to Section 15302 of CEQA Guidelines.
MCCOY EQUESTRIAN AND RECREATION CENTER IMPROVEMENTS PROJECT -
RESOLUTION ADOPTED
The City Council adopted Resolution No. 2024R-044 of the City of Chino Hills, Approving the Plans and Specifications for Construction of the McCoy Equestrian and Recreation Center Improvements Project Pursuant to Government Code Section § 830.6; (2) authorized staff to advertise and solicit bids for the McCoy Equestrian and Recreation Center Improvements Project; and (3) determined the Project to be exempt as Class 2(c) Categorical Exemption from review under the California Environmental Quality Act of 1970, as amended, Public Resources Code Section 21000 et seq. ("CEQA"), pursuant to Section 15302 of CEQA Guidelines.
SB1 ROAD REPAIR AND ACCOUNTABILITY ACT FISCAL YEAR 2024-25
PROJECTS - RESOLUTION ADOPTED
The City Council (1) adopted Resolution 2024R-045 of the City of Chino Hills, Adopting a List of Projects for the Fiscal Year 2024-25 Funded by SB 1 The Road Repair And Accountability Act of 2017.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ ROGERS
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
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CONSENT CALENDAR ITEMS PULLED (31:52)
PINEHURST PARK COMMUNITY CENTER AND SPLASH PAD PROJECT -
RESOLUTION ADOPTED
Council Member Marquez pulled this item for separate discussion and vote. He inquired about the timeline and staffing as the project moves forward.
City Manager Montgomery responded that the anticipated completion date is in the summer of 2026. The construction costs are currently presented in the budget. There will be maintenance and staffing costs, that will be determined when a full analysis is conducted at later time. He added that the costs look to be between 1/2 to 3/4 million in the 2026 budget.
Council Member Marquez recommended using current staff to eliminate the need to hire additional staff.
Following discussion, a motion was made by Council Member Marquez and seconded by Council Member Johsz to adopt Resolution No. 2024R-046 of the City of Chino Hills, Adopting a Budget Amendment for Fiscal Year 2023-24 Increasing Various Funding Sources for the Pinehurst Park Community Center and Splash Pad Project Budget by $10,333,333.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ ROGERS
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ITEMS INITIATED BY COUNCIL [33:50]
DELEGATE BOARD MEMBER TO OMNITRANS BOARD OF DIRECTORS
City Clerk Balz briefed the City Council on the staff report which is on file in the City Clerk's Office.
Vice Mayor Bennett nominated Council Member Johsz to serve as the Delegate.
Council Member Ray Marquez nominated Vice Mayor Bennett as the Alternate.
Following discussion, a motion was made by Vice Mayor Bennett and seconded by Council Member Marquez to appoint a Council Member Johsz to serve as Delegate
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Board Member and Vice Mayor Bennett to serve as Alternate Board Member to the Omnitrans Board of Directors.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ ROGERS
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
PUBLIC HEARING [35:48]
FISCAL YEAR 2024-25 BUDGET ADOPTION - RESOLUTIONS ADOPTED City Manager Ben Montgomery briefed the City Council on the PowerPoint Presentation and staff report which are on file in the City Clerk's Office.
Discussion ensued on the unrestricted fund balance of $33.4 million dollars, what will happen in five years, and finding an alternative revenue source.
City Manager Montgomery spoke on budget challenges such as fixed revenue streams.
He spoke about property taxes and stated that out of the one percent that is currently assessed, the City only receives four pennies to the dollar. He added that other agencies receive four times that amount. He added that the balance goes to the County; however, there has been conversations with the County to see if there is a way for the City to get a larger proportion from residential properties.
Discussion ensued regarding how the Council has cut back to find cost savings; and how there is a point where nothing additional can be done and changes will need to be made soon.
Mayor Moran opened the public hearing and asked if anyone wished to speak.
Jim Gallagher, resident, complimented staff on preparing and presenting the budget and asked Council why the City has not adopted a solar solution to reduce electrical expenditures. Lastly, he stated how impressed he was with how the City of Chino marketed their sales tax measure and spoke in favor of a sales tax in the City of Chino Hills.
Tyler Shields, resident, asked why the City has not adopted a solar solution to reduce electrical expenditures.
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S. Sayed, spoke about protestors at the State of the City. Mayor Moran reminded him that this time to speak was regarding the public hearing item only, following a disruption, he was escorted out of the meeting, therefore his comments were not entered into the public hearing record.
Following comments, Mayor Moran closed the public hearing.
After a brief discussion, a motion was made by Council Member Rogers and seconded by Council Member Johsz to adopt (1) Resolution No. 2024R-047 of the City of Chino Hills, Adopting a Budget for Fiscal Year 2024-25; and (2) Resolution No. 2024R-048 of the City of Chino Hills, Establishing the Fiscal Year 2024-25 Appropriations Limits for the City of Chino Hills and Community Facilities Districts Nos. 10 (Fairfield Ranch) and 2015-1 (Vila Borba).
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ ROGERS
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
BUDGET RELATED CONSENT CALENDAR ITEMS [01:24:57]
City Clerk Balz announced the Budget Related Consent Calendar items and asked the Council if there were any items to pull. Hearing none, a motion was made by Council Member Johsz and seconded by Council Member Marquez to approve the following Budget related items:
COMPETITIVE BIDDING EXCEPTION AND PURCHASE ORDERS FOR FISCAL YEAR 2024-25
The City Council (1) approved HPS West, Inc., dba HydroPro Solutions as a sole source provider of the Master Meter product line per Chino Hills Municipal Code Section (CHMC) 3.16.110.B. Sole Source, thus dispensing with the competitive bidding procedures of CHMC Chapter 3.16 - Purchasing System; (2) authorized the issuance of a Fiscal Year (FY) 2024-25 Purchase Order for Master Meter products from HPS West, Inc., dba HydroPro Solutions in the amount of $670,000; and (3) authorized the issuance of FY 2024-25 Blanket Purchase Orders for Amazon Capital Services ($80,000) and Lowe's ($80,000).
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DEVELOPMENT IMPACT FEES ("NEEDS LIST") - RESOLUTION ADOPTED The City Council adopted Resolution No. 2024R-049 of the City of Chino Hills, Updating and Amending the List of Anticipated Capital Improvements to be Funded, in Whole or in Part, Through the Levy of Development Impact Fees (The "Needs List').
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ ROGERS
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
PUBLIC COMMENTS [01:25:53]
Council Member Marquez left the meeting at 7:26 p.m.
Mayor Moran thanked staff and legal for definition of City Business. She read the definition, "City business" includes matters over which the City has been granted authority pursuant to state law, subject to state and federal legal and constitutional limitations. These matters include the construction, maintenance and repair of streets, parks and public facilities; providing water, sewer and trash services; providing recreation services and programs; overseeing land development except to the extent the City's authority has been pre-empted by federal and state law; providing public safety services including police and fire/paramedic services which the City does by contracting with the San Bernardino County Sheriffs Department and working with the Chino Valley Fire District and through its own code enforcement personnel; imposing regulations over conduct and activities in the City to protect the health, safety and welfare of the community; and the City also has the right to hire and manage personnel, the responsibility to maintain public records and the authority to impose fees and taxes and provide the financial services necessary to provide the above services.
Selena spoke regarding National LGBTQ pride month and Juneteenth. City Council Bennett expressed his displeasure with comments made about his patriotism and left the room at 7:28 p.m.
Mayor Moran stated that if there is an outburst that she will clear the chambers.
Council Member Marquez returned to the meeting at 7:29 p.m.
Selena continued her comments with a quote from Howard Zinn.
City Attorney Hensley reminded the audience that the topic of the Gaza Strip is not City business.
Council Member Bennett returned to the meeting at 7:31 p.m.
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Zuhayr Khan, spoke on Palestinian hate in the community and asked for affirmative action regarding hate incidents in the community. He spoke about a child he and his family sponsor in Palestine.
City Attorney Hensley reminded Mr. Khan that the Gaza Strip is not City business and just because people know people in Gaza does not make it City business.
Zuhayr Khan continued his comments about the Anti-hate resolution the Council passed. Lastly, requested a Ceasefire resolution and divestment policy.
Safia, spoke on the mental health of Palestinians in the community that are not well and spoke regarding mourning massacres.
City Attorney Hensley reminded the speaker to stick to City business.
Safia continued stating their mental health matters and against the additions made to the Anti-hate resolution.
Billou (Bill) Said, asked for bus stops to be added near Ayala High School. Mayor Moran asked him to give his information to City Clerk Balz so she can give him information regarding the busing system. Bill continued his comments regarding the anti-islamophobia resolution and allowing comments in contrast to the resolution. Lastly asked for an acknowledgement of Eid al-Adha that is coming up.
Zain, spoke on concerns with budget shortfalls and advised the Council to consider different investments with longevity.
Saleem Gibani, asked that the City divest from Caterpillar and adopt an ethical investment policy.
SAFETY UPDATES [01:45:51]
Fire: Deputy Fire Chief Ault announced there are seven new Firefighter paramedics that are going through process of orientation and will start in late July.
Police: Sergeant Sprague updated the Council on Carbon Canyon Ordinance traffic enforcement regarding traffic restrictions prohibiting vehicles with more than four axles from accessing. There were several traffic stops on vehicles with more than four axles and they will continue to provide education and enforcement of the Ordinance. Lastly, he encouraged residents to report violations to the non-emergency Sheriffs dispatch line.
CITY MANAGER UPDATES [01:47:20]
City Manager Montgomery had no reports.
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COUNCIL REPORTS [01:47:28]
Mayor Moran
• CALIFORNIA INSTITUTION FOR MEN AND WOMEN CITIZENS ADVISORY
COMMITTEES
Mayor Moran attended the California Institution for Men (CIM) Citizens Advisory Committee and provided an update regarding the transfer of death row inmates from San Quentin. She stated that 46 death row inmates have been transferred to CIM and are housed in Facility C. She added that Kevin Cooper has been transferred to California Healthcare Center in Stockton, CA. She noted that Facility C has a total of 721 inmates of which 329 are lifers and 66 have life without parole with a total prison population of all facilities combined 2,273.
Lastly, the Warden wanted the public to know there have been no escapes from Facility C, where death row inmates are housed, and the escapes referenced in press have been from Facility D. She reminded the community to sign the CIM petition to let their voices be heard and express their concerns regarding the recent transfer of "death row" inmates to the California Institute for Men in Chino by June 12th.
Vice Mayor Bennett
• CHINO VALLEY UNIFIED SCHOOL DISTRICT BOARD
Vice Mayor Bennett attended the Chino Valley Unified School District Board meeting and said that former Chino Hills High School Principal Isabel Brenes is returning to Chino Hills to serve as Principal at Magnolia Junior High School. The Board announced the Julie Goblin Memorial Golf Tournament that provides scholarships to students and adopted two resolutions, one opposing Biden Administration's Title IX overhaul and subsequent elimination of vital protection of women and girls in sports and the second opposing the Governor's 2024-25 May revised budget violating State Constitution and reducing school funding.
Council Member Marquez
Mayor Moran congratulated Council Member Marquez as the new SBCTA President. • SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY BOARD Council Member Marquez attended the San Bernardino County Transportation Authority Board and stated they voted-on the election of officers where he was appointed as the President and Rick Denison as Vice President. The Board also approved the Budget for Fiscal Year 2024-25, approved a contract for Executive Director Raymond Wolfe and an increase for Assistant General Counsel Julianna Tillquist.
Council Member Rogers
• CHINO BASIN DESALTER AUTHORITY BOARD
Council Member Rogers attended the Chino Basin Desalter Authority Board meeting and stated that they discussed and approved numerous service contracts.
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COUNCIL COMMENTS [01:54:05]
Marquez: Council Member Marquez discussed the explosion that occurred in City/Shoppes parking structure on June 7th and asked Deputy Fire Chief Ault what one should do in these types of incidents. In response, Deputy Fire Chief Ault recommended calling professionals for help and seek personal safety. Council Member Marquez asked City Manager Montgomery about the oak trees cut down in Sleepy Hollow. City Manager Montgomery responded that they are aware, and it is a case with Code Enforcement and Community Development. Council Member Marquez thanked Public Works for removing the tape that was placed on a Basketball court for Pickleball use.
He spoke on attendance at groundbreaking ceremony for Fire Station No. 68, Celebration of Life for Catherine Marcucci, and SCAG Executive Administration, Transportation and Regional Council meetings. Lastly, he spoke to Carriage Hills community who rescued two dogs that have been running loose in the community and commended rescuers for all their efforts.
Johsz: Council Member Johsz attended the groundbreaking ceremony for Fire Station No. 68. He reminded everyone that children are out of school for the summer and to be careful. Lastly, congratulated the Chino Hills High School Baseball Team for CIF title and high school graduates.
Rogers: Council Member Rogers spoke on cutting down of Oak trees and attended the groundbreaking ceremony for Fire Station No. 68. He announced the Chino Hills Community Foundation end of summer concert on September 7th with Santana lead singer Andy Vargas and stated that tickets are available at https://chinohillsfoundation.com/chino-hills-concert-series/.
Bennett: Vice Mayor Bennett attended the groundbreaking ceremony for Fire Station No. 68. He announced the luncheon on June 12th hosted by Chino Valley Unified School District HOPE Program that is an organization the provides students in the school district with food and clothing. He spoke on attendance at Grand Avenue Park roller hockey practice provided a better perspective when the item returns to a future Council meeting. He wished all fathers a Happy Father's Day. He spoke on re- assessing the cuing for vehicles at Chick-fil-A that needs to be readdressed due to traffic jams. Lastly, he apologized for outburst this evening and feels strongly and passionate for his patriotism and shared his personal story.
Moran: Mayor Moran thanked Chino Valley Fire Board Members Sara Ramos-Evinger and Mike Kreeger and Battalion Chief Sota for attending the Council Meeting. She spoke on attendance at the Filipino American Senior Association (FASA) and commended the organization and their event. She asked City Manager Montgomery to provide a State of the City 101 for the public. City Manager Montgomery responded that in many communities, cities take the time to showcase the activity from the prior year with the Mayor presiding over the event. The City of Chino Hills has a unique approach based on the Mayor's direct input. There are costs associated with attendance to the event. The budget is City funded and has a direct relationship with the Chamber of Commerce where various donations, cost of tickets and direct support from Chamber
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of Commerce covers the cost for event food and giveaways. The information presented is from Department Head and City Council input. Lastly, the State of the City is not a fundraising event for Council Members because the City does not pay for Council Member political activities.
ADJOURN IN MEMORIAM AND IN HOPE [02:11:28]
Mayor Moran adjourned the meeting at 8:03 p.m. in memory of the 80th Anniversary of D-Day, which occurred on June 6, 2024, and honor the courage and sacrifice of those who secured freedom for us all.
DS
Respectfully submitted,
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CHERYL BALZ, CITY CLERK
APPROVED: June 25, 2024
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