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MINUTES
CITY COUNCIL
CITY OF CHINO HILLS
JUNE 25, 2024
REGULAR MEETING
Mayor Moran called the Closed Session meeting to order 5:00 p.m. and requested City Clerk Balz to call roll.
PRESENT: COUNCIL MEMBERS: CYNTHIA MORAN
BRIAN JOHSZ
RAY MARQUEZ
ABSENT: COUNCIL MEMBERS: ART BENNETT
PETER ROGERS
ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER
MARK D. HENSLEY, CITY ATTORNEY
CHERYL BALZ, CITY CLERK
PUBLIC COMMENTS
There were no public comments.
RECESS TO CLOSED SESSION
Mayor Moran declared the meeting recessed at 5:00 p.m. for Closed Session. City Clerk Balz did not attend this portion of the meeting.
POTENTIAL INITIATION OF LITIGATION
Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(4) Potential Initiation of Litigation (1 case)
EXISTING LITIGATION
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 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
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
Docusign Envelope ID: B04FFDD8-C398-4C8F-8843-36EE55A0762B CHINO HILLS CITY COUNCIL 2024-141
REGULAR MEETING JUNE 25, 2024
CLOSED SESSION RECESS
Mayor Moran recessed the Closed Session at 5:46 p.m.
CONVENE MEETING AND ROLL CALL
Mayor Moran called the regular meeting to order at 6:00 p.m. and requested City Clerk Balz to call roll.
PRESENT: COUNCIL MEMBERS: CYNTHIA MORAN
BRIAN JOHSZ
RAY MARQUEZ
ABSENT: COUNCIL MEMBERS: ART BENNETT
PETER ROGERS
ALSO PRESENT: BEN MONTGOMERY, CITY MANAGER
MARK D. HENSLEY, CITY ATTORNEY
CHERYL BALZ, CITY CLERK
CHRISTA BUHAGIAR, FINANCE DIRECTOR
JESSICA CONTRERAS, DEPUTY CITY CLERK II
BRANDON FONACIER, COMMUNITY RELATIONS ANALYST II
NICOLE FREEMAN, PUBLIC INFORMATION OFFICER
AL GIRARD, CHIEF OF POLICE, CHINO HILLS POLICE
DEPARTMENT
ROD HILL, ASSISTANT CITY MANAGER
MICHAEL HOFFLINGER, PLANNING MANAGER
JONATHAN MARSHALL, COMMUNITY SERVICES DIRECTOR
SEAN O'CONNOR, PUBLIC WORKS MAINTENANCE AND
OPERATIONS MANAGER
LYNNAE SISEMORE, ASSISTANT CITY CLERK
DAVE WILLIAMS, FIRE CHIEF, CHINO VALLEY FIRE DISTRICT
PLEDGE OF ALLEGIANCE TO THE FLAG [01:31]
Led by Mayor Moran.
INVOCATION [01:49]
Led by Chaplain Robert Hilton, San Bernardino County Sheriff's Department.
PRESENTATIONS
RECOGNITION - INLAND EMPIRE VARSITY BOYS SWIMMER OF THE YEAR [02:33]
Mayor Moran presented certificates of recognition on behalf of the City, Congresswomen Kim and Torres, Senator Seyarto, Assemblymember Chen, and County Supervisor Hagman to Daniel Benson of Ayala High School for being named the Inland Empire Varsity Boys Swimmer of the Year.
Mr. Benson thanked his family for supporting him throughout his endeavors.
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Ayala High School Principal Yarboi congratulated Daniel on his accomplishments and thanked his family and friends for supporting him.
RECOGNITION - CHINO HILLS HIGH SCHOOL VARSITY BASEBALL AS 2024 DIVISION 5 BASEBALL CIF CHAMPIONS [06:19]
Mayor Moran presented certificates of recognition on behalf of the City, Congresswomen Kim and Torres, Senator Seyarto, Assemblymember Chen, and County Supervisor Hagman to the Chino Hills High School Varsity Baseball Team for being the 2024 Division 5 Baseball CIF Champions.
Head Coach Alex Sanchez stated that the Chino Hills Varsity Baseball Team were a dedicated unit this season and had a great run during the playoffs. He congratulated the team for their championship win and said that he and the team were grateful for the recognition from the Chino Hills community.
Team Member Brady Stull thanked Council for the recognition and said that the entire team bleached their hair as a way to commemorate making the playoffs.
Team Captain Cannon Billingsley thanked the community, baseball coaches, and the entire team for their support and for making this a successful year.
PUBLIC INFORMATION OFFICER REPORT [15:21]
Public Information Officer (PIO) Freeman announced the following information:
• NATIONAL NIGHT OUT - TUESDAY, AUGUST 6TH
o Neighborhoods participate by hosting their own gatherings including potlucks and barbecues on Tuesday, August 6th from 6:00 p.m. to 9:00 P.M.
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
• RECREATION & CITY NEWS
o Summer Concerts & Movie Series
o Concert in the Park continues this Wednesday, June 26th at 7:00 p.m. at with music by Bruno and the Hooligans, playing a tribute to Bruno Mars
o Movies in the Park continues this Thursday, June 27th with "Little Giants"
o For a full listing of concerts and movies, visit www.chinohills.org/Events
o Annual Independence Celebration - July 3rd
o Bring the family out in red, white, and blue to the City's Independence Celebration on Wednesday, July 3rd from 5:00 p.m. to 9:00 p.m. at Veterans Park
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REGULAR MEETING JUNE 25, 2024
o Free, family-friendly fun for all to enjoy including game booths, strolling entertainment, and live music
o The opening ceremony will be held at 6:30 p.m. and music featuring Fortunate Sons, a tribute to Creedence Clearwater Revival, will begin at 6:45 p.m.
o All Fireworks are Illegal in Chino Hills
o The Independence Celebration does not include fireworks as all fireworks are illegal in Chino Hills
o Keep in mind dogs at home on Fourth of July - check to ensure your pet is wearing an ID and the microchip contact information is up to date
o If you find a lost pet or if your pet goes missing on Fourth of July, call the Inland Valley Humane Society at (909) 594-9858 o Independence Day Facility Closures
o City Facilities, the Library, and the Chino Hills Police Department lobby will be closed on Thursday, July 4th in observance of Independence Day and trash service will be delayed by one day for the remainder of the week
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION [16:49]
There was no reportable action taken in Closed Session.
PUBLIC COMMENTS [16:58]
There were no public comments.
CONFLICT OF INTEREST / LEVINE ACT ANNOUNCEMENTS [17:37] There were no conflict-of-interest or Levine Act announcements to record.
CITY DEPARTMENT BUSINESS
CONSENT CALENDAR [17:43]
Mayor Moran announced the Consent Calendar items and asked the Council if there were any items to pull.
Hearing none, a motion was made by Council Member Marquez and seconded by Council Member Johsz to approve the Consent Calendar items:
MINUTES
The City Council approved the June 11 , 2024, City Council Regular Meeting Minutes, as presented.
CONFLICT OF INTEREST CODE AMENDMENTS
The City Council authorized the City Clerk and City Attorney to coordinate the biennial review of the Conflict of Interest Code for employees and Commission Members for consideration before October 1, 2024.
Docusign Envelope ID: B04FFDD8-C398-4C8F-8843-36EE55A0762B CHINO HILLS CITY COUNCIL 2024-144
REGULAR MEETING JUNE 25, 2024
AGREEMENT - CODE ENFORCEMENT SOFTWARE
The City Council authorized the execution of Agreement No. A2024-109 with Comcate Software, Inc., for an initial investment of$67,307 and ongoing maintenance estimated at $30,000 for a total contract amount not-to-exceed $188,560 for purchase of Code Enforcement Software, hosting and implementation services.
GRANT AWARD - CALIFORNIA EXTENDED WATER AND WASTEWATER
ARREARAGE PAYMENT PROGRAM - RESOLUTION ADOPTED
The City Council (1) accepted the 2023 California Extended Water and Wastewater Arrearage Payment Program grant award for water and wastewater arrearages in the amount of$76,802.24; and (2) adopted Resolution No. 2024R-050 of the City of Chino Hills, Adopting a Budget Amendment for Fiscal Year 2023-24 Increasing the Budget in Various Funds by $76,802.24 for the California Extended Water and Wastewater Arrearage Payment Program Grant.
WRITE-OFF OF UNCOLLECTIBLE UTILITY ACCOUNTS - RESOLUTION ADOPTED The City Council (1) authorized the write-off of $26,288.47 in uncollectible utility accounts receivable and $21,618.65 in general accounts receivable for a total of $47,907.12 incurred prior to May 31, 2023, and (2) adopted Resolution No. 2024R-051 of the City of Chino Hills, Adopting a Budget Amendment for Fiscal Year 2023- 24 Increasing the Budget in Various Funds by $48,385.40 for the Write-Off of Uncollectible Accounts.
ANNUAL LEVY OF SPECIAL TAXES - COMMUNITY FACILITIES DISTRICT NO. 2015-1 (VILA BORBA) - RESOLUTION ADOPTED
The City Council adopted Resolution No. 2024R-052 of the City of Chino Hills, Acting as the Legislative Body of Community Facilities District No. 2015-1 (Vila Borba), Authorizing the Annual Levy of Special Taxes for Fiscal Year 2024-25.
AGREEMENT - HERBICIDAL APPLICATIONS AND SELECT VEGETATION
TRIMMING PROJECT
The City Council authorized a one-year Agreement No. A2024-110 with Sage Environmental Group, LLC with four one-year renewal options estimated at$65,000 per year for a total contract amount not-to-exceed $320,063, to provide mitigation maintenance services within environmentally sensitive areas at 19 drainage facilities citywide as part of the Herbicidal Applications and Select Vegetation Trimming Project.
AGREEMENT - SOQUEL CANYON PARKWAY PAVEMENT REHABILITATION PHASE 2 PROJECT - RESOLUTION ADOPTED
The City Council (1) adopted Resolution No. 2024R-053 of the City of Chino Hills, Adopting a Budget Amendment for Fiscal Year 2023-24 Increasing the CFD 9 Fund Budget for the Soquel Canyon Parkway Pavement Rehabilitation - Phase 2 Project by $1,130,000; (2) awarded Agreement No. A2024-111 to Sequel Contractors, Inc., in the amount of$1,473,700 for the Soquel Canyon Parkway Pavement Rehabilitation - Phase 2 Project which encompasses rehabilitating Soquel Canyon Parkway between Pomona Rincon Road and north City Limit (north of Fairfield Ranch Road); (3) authorized the City Manager, at his discretion, to approve cumulative change orders up to 10 percent
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REGULAR MEETING JUNE 25, 2024
($147,370) of the awarded contract amount; and (4) 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.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MORAN, JOHSZ, MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: BENNETT, ROGERS
PUBLIC HEARINGS
ENGINEER'S REPORTS - ANNUAL ASSESSMENTS - RESOLUTIONS ADOPTED [18:12]
Management Analyst II DalPont briefed the City Council on the PowerPoint presentation and staff report, which are on file in the City Clerk's Office. She spoke about Landscape and Lighting Districts, Special Maintenance areas, how assessments funds are supported and spent, service level reductions, turf removal projects, streetlight turnover and LED retrofit, Community Park Improvements, Citywide Park Walkway Lighting LEDs, Park Renovation projects, Vellano Pickleball Court Project, and the Vellano Park Parking Stall Addition.
Mayor Moran opened the public hearing and asked if anyone wished to speak, hearing none, Mayor Moran closed the public hearing.
Following discussion, a motion was made by Council Member Johsz and seconded by Council Member Marquez to adopt (1) Resolution No. 2024R-054 of the City of Chino Hills, Acting in its Capacity as the Governing Body of Chino Hills Los Serranos Lighting Maintenance District, to Confirm the Annual Assessments and Order the Levy and Collection of Assessments for Chino Hills Los Serranos Lighting Maintenance District, Pursuant to Provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code, Section 22500 Et Seq.); (2) Resolution No. 2024R-055 of the City of Chino Hills, Acting in its Capacity as the Governing Body of Chino Hills Vellano Landscaping and Lighting District, to Confirm the Annual Assessments and Order the Levy and Collection of Assessments for Chino Hills Vellano Landscaping and Lighting District, Pursuant to Provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code, Section 22500 Et Seq.); (3) Resolution No. 2024R-056 of the City of Chino Hills, Acting in its Capacity as the Governing Body of Chino Hills Landscape and Lighting District No. 1, to Confirm the Annual Assessments and Order the Levy and Collection of Assessments for Chino Hills Landscape and Lighting District No. 1, Pursuant to Provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code, Section 22500 Et Seq.); (4) Resolution No. 2024R-057 of the City of Chino Hills, Confirming Service Charges for Collection on the Tax Roll for Chino Hills Special Maintenance Area No. 1 and Ordering the Levy and Collection of Assessments
Docusign Envelope ID: B04FFDD8-C398-4C8F-8843-36EE55A0762B CHINO HILLS CITY COUNCIL 2024-146
REGULAR MEETING JUNE 25, 2024
Pursuant to Provisions of the San Bernardino County Ordinance No. SD91-11 as Adopted by City of Chino Hills Ordinance Nos. 91-01 And 92-02; and (5) Resolution No. 2024R-058 of the City of Chino Hills, Confirming Service Charges for Collection on the Tax Roll for Chino Hills Special Maintenance Area No. 2 and Ordering the Levy and Collection of Assessments Pursuant to Provisions of San Bernardino County Ordinance No. SD83-2 as Adopted by City of Chino Hills Ordinance Nos. 91-01 and 92-02.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MORAN, JOHSZ, MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: BENNETT, ROGERS
GRANT AND SUBRECIPIENT AGREEMENTS - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2024-25 ACTION PLAN [26:04]
Principal Management Analyst Hernandez briefed the City Council on the staff report, which is on file in the City Clerk's Office.
Mayor Moran opened the public hearing and asked if anyone wished to speak, hearing none, Mayor Moran closed the public hearing.
Following discussion, a motion was made by Council Member Johsz and seconded by Mayor Moran to (1) approve the allocation of the prior year's unexpended carryover funds in the amount $25,268.97 to the Home Improvement Program; (2) approve the 2024-25 Action Plan for the Community Development Block Grant Program; (3) authorize the City Manager to execute the grant agreement with the Department of Housing and Urban Development and subrecipient agreements with San Bernardino County Library, James S. Thalman Chino Hills Branch ($13,279), House of Ruth ($18,969), Inland Fair Housing and Mediation Board ($18,200), Chino Neighborhood House ($18,969), and Anthesis ($9,959), in connection with the 2024-25 Action Plan; and (4) approve a budget amendment reallocating funding and decreasing the total budget by $22,152 in accordance with the 2024-25 Action Plan.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MORAN, JOHSZ, MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: BENNETT, ROGERS
PUBLIC COMMENTS [29:13]
Steve Figueroa, resident, spoke about code enforcement issues regarding sheds in the Los Serranos area and asked that staff be patient with senior citizens who may need more time to comply.
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REGULAR MEETING JUNE 25, 2024
David spoke about prior meeting disruptions and voiced his opinions on what should and should not be allowed during public comments.
City Attorney Hensley stated that the last few comments made by the speaker were not within the City's subject matter jurisdiction.
Huda, spoke about divestment and asked that the City not invest in Caterpillar.
Selena, acknowledged the Tongva people, spoke about holidays supported by the City, inquired why Juneteenth was not recognized, and read a quote from Frederick Douglass.
Jasser said that he would like to build a better relationship with the City Council and requested to speak offline. He also asked that the City yield from investing in the Caterpillar bond.
Jim Gallagher, resident, spoke about Juneteenth and suggested that the City Council recognize the national holiday at a future "Concerts in the Park" event. He also stated that people should be able to speak freely at the podium during meetings.
Sarah Safie and Mahum Shah, spoke about the issue of divestment and asked that the City divest their $2.5 million dollar bond with Caterpillar.
SAFETY UPDATES - Fire and Police [54:00]
Fire: Fire Chief Williams stated that fire season seems to have started earlier this year and that things are heating and drying up quickly. He encouraged everyone to clear out dry vegetation and to be cooperative and respectful of neighbors during this Fourth of July holiday. Lastly, he stated that fireworks are not permitted in Chino Hills.
Police: Police Chief Girard reported about the new truck restrictions in Carbon Canyon Road and said that the Police Department conducted an awareness campaign by implementing electronic sign boards at the entrance of Carbon Canyon, press releases, social media, and local news coverages to warn drivers. He said that during that time the Traffic Unit issued two verbal and three written warning citations to offenders. Since May 31 st, along with joint efforts with Brea and Chino Police Departments, the Traffic Unit conducted 19 extra traffic enforcement operations and only nine offending vehicles were observed. He stated that several calls were made to the station regarding Amazon delivery trucks in Carbon Canyon and said that those trucks do not possess more than four axles to travel through Carbon Canyon.
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REGULAR MEETING JUNE 25, 2024
COUNCIL REPORTS [56:43]
Mayor Moran
• TRES HERMANOS CONSERVATION AUTHORITY BOARD
Mayor Moran attended the Tres Hermanos Conservation Authority Board meeting and said it was a short meeting with no reportable action.
Council Member Johsz
• LEGISLATIVE ADVOCACY COMMITTEE
Council Member Johsz attended the Legislative Advocacy Committee Meeting and spoke about the City's Community Project Funding Requests and said that each project submitted by the City was selected by different area electeds, such as Congresswoman Kim selected to support the Fire Risk Reduction Project and Congresswoman Torres chose the Los Serranos Flood Protection Project. He also said that two Senators are putting forward the other two requests submitted by the City.
• WEST VALLEY MOSQUITO VECTOR CONTROL DISTRICT BOARD Council Member Johsz attended the West Valley Mosquito Vector Control District Board meeting and said the Board reviewed the annual budget.
COUNCIL COMMENTS [58:35]
Marquez: Council Member Marquez attended the Southern California Association of Governments (SCAG) audit and legislative and communication meetings to receive state and federal updates. He said that he also attended the San Bernardino County Transportation Authority General Policy and Transit Committees and stated that the Transit Committee appointed a new Chair John Dutrey and Vice Chair Supervisor Joe Baca Jr., and the Metro Valley Transit Committee appointed a new Chair Helen Tran and Vice Chair Supervisor Jesse Armendarez. He added that there was nothing to report on Metrolink but he spoke about the Zero Emissions Multi Unit (ZEMU) as the first locomotive train that will be powered by hydrogen fuel. He said that he attended the Coptic Church opening, and the celebration of life for a good family friend, Javi Noriega.
He offered his deepest sympathies this evening to the Noriega family who attended the meeting. He inquired about the status of Big League Dreams (BLD) improvements.
City Manager Montgomery stated that the City entered into a new contract with BLD which included capital improvements, but they have not followed the improvements timeline. He said that staff will be scheduling a meeting with BLD to discuss the deliverables, outfield improvements, replacement of wood and graphics in the area, and parking maintenance. Council Member Marquez wished Chino Hills resident Ronnie Guyer a speedy recovery from a recent surgery. Lastly, he stated that he was glad that the Carbon Canyon truck restrictions were now in full effect.
Johsz: Council Member Johsz thanked everyone for attending the City Council meeting this evening.
Docusign Envelope ID: B04FFDD8-C398-4C8F-8843-36EE55A0762B CHINO HILLS CITY COUNCIL 2024-149
REGULAR MEETING JUNE 25, 2024
Moran: Mayor Moran spoke about the Council not being able to speak about active code enforcement cases. She said that people are not sought out and that usually cases occur from a neighbor who is not happy with surrounding aesthetics. She said that the City helps with code cases and takes every effort to get those to comply. She asked staff to clarify what information is given on the speaker cards, such as people providing the correct name to be called upon. City Attorney Hensley referenced the Brown Act and stated that we cannot require a person to give their name to attend or speak at a meeting. However, on the speaker card a person can put a name to be called upon but it does not have to be their correct name. Mayor Moran stated that the City conducts a budget workshop every year and encouraged the public to sign up with eNotify which is available on the City's website to be notified of anything from meetings, events, emergency alerts and so forth.
ADJOURN IN MEMORIAM AND IN HOPE [01:06:35]
Mayor Moran adjourned the meeting at 7:08 p.m. in memory of Chino Hills resident Javi Noriega who passed away unex Ee�4gdly on May 23, 2024, at the age of 35. .oE.� No
Respectfully submitted, ° y
DocuSigned by: " "�
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10448818FA20430...
CHERYL BALZ, CITY CLERK
APPROVED: July 9, 2024
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