A G E N D A A G E N D A CHINO HILLS CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 22, 2019 5:00 P.M. CLOSED SESSION 7:00 P.M. PUBLIC MEETING 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, and on the City's website at www.chinohills.org while the meeting is in session. 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. In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk's Office, (909) 364-2620, at least 48 hours prior to the start of the meeting to enable the City to make reasonable arrangements. Thank you. 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" form 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 to provide personal information in order You are not required to provide personal information in order to speak, except to the extent necessary for the City Clerk to call upon you. to speak, except to the extent necessary for the City Clerk to call upon you. Comments will be limited to three minutes per speaker. PLEASE SILENCE ALL PAGERS, CELL PHONES AND OTHER ELECTRONIC PLEASE SILENCE ALL PAGERS, CELL PHONES AND OTHER ELECTRONIC EQUIPMENT WHILE COUNCIL IS IN SESSION. EQUIPMENT WHILE COUNCIL IS IN SESSION. Thank you. CITY COUNCIL MEMBERS CYNTHIA MORAN, MAYOR ART BENNETT, VICE MAYOR BRIAN JOHSZ RAY MARQUEZ PETER J. ROGERS KONRADT BARTLAM MARK D. HENSLEY CHERYL BALZ CITY MANAGER CITY ATTORNEY CITY CLERK 1/55
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A G E N D AA G E N D A CHINO HILLS CITY COUNCIL
REGULAR MEETING TUESDAY, JANUARY 22, 2019
5:00 P.M. CLOSED SESSION 7:00 P.M. PUBLIC MEETING
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, and on the City's website at
www.chinohills.org while the meeting is in session. 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.
In compliance with the Americans with Disabilities Act, if you
require special assistance to participate in this meeting, please
contact the City Clerk's Office, (909) 364-2620, at least 48 hours
prior to the start of the meeting to enable the City to make
reasonable arrangements. Thank you.
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" form 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 to provide personal information in orderYou are not
required to provide personal information in order to speak, except
to the extent necessary for the City Clerk to call upon you.to
speak, except to the extent necessary for the City Clerk to call
upon you. Comments will be limited to three minutes per
speaker.
PLEASE SILENCE ALL PAGERS, CELL PHONES AND OTHER ELECTRONICPLEASE
SILENCE ALL PAGERS, CELL PHONES AND OTHER ELECTRONIC EQUIPMENT
WHILE COUNCIL IS IN SESSION.EQUIPMENT WHILE COUNCIL IS IN SESSION.
Thank you.
CITY COUNCIL MEMBERS
BRIAN JOHSZ RAY MARQUEZ
PETER J. ROGERS
KONRADT BARTLAM MARK D. HENSLEY CHERYL BALZ CITY MANAGER CITY
ATTORNEY CITY CLERK
5:00 P.M. - CALL TO ORDER / ROLL CALL5:00 P.M. - CALL TO ORDER /
ROLL CALL
1. 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" form 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 SESSION
2. Liability Claims pursuant to Government Code Section 54961,
Claimants:
a) Alison Willes, an individual et al v. City of Chino Hills, a
public entity; RBF Consulting, a California Corporation; Trident
Contractors, Inc., a California Corporation; GMU Geotechnical,
Inc., a California Corporation; John McCarthy, an individual, and
Does 1 through 10, inclusive - San Bernardino County Superior Court
Case No. CIVRS 1800686
b) Bria Montiel, an individual, by and through her Guardian ad
Litem, Susan Montiel v. City of Chino Hills, a public entity; and
Does 1 through 50, inclusive - San Bernardino County Superior Court
Case No. CIVDS 1812461
c) Martin Perez, an individual, v. City of Chino Hills, a public
entity; and Does 1 through 100 inclusive - San Bernardino County
Superior Court Case No. CIVDS 1803220
d) Guadalupe Ortiz, an individual v. Michael Smithling, Kelly
Brown, Blake Burns, Pride Fumigation, M S L Properties, Inc.,
Inland Valley Humane Society, City of Chino Hills, a public entity;
and Does 1 to 100 inclusive - Riverside County Superior Court Case
No. RIC 1812475
3. Conference with Legal Counsel pursuant to Government Code
Section 54956.9(d)(1) Existing Litigation (3 cases):
a) City of Chino Hills v. City of Industry; City of Industry City
Council; Successor Agency to the Industry Urban-Development Agency;
Board of Directors of the Successor Agency to the Industry
Urban-Development Agency; Oversight Board of the Successor Agency
to the Industry Urban-Development Agency, Real Party in Interest
San Gabriel Valley Water and Power, LLC, et al., Los Angeles County
Superior Court Case No. BS171398
b) City of Chino Hills v. Oversight Board of the Successor Agency
to the Industry Urban-Development Agency, et. al, Superior Court of
California, Sacramento Case No. 34-2017-80002719-CU-WM-GDS
c) City of Chino Hills v. City of Industry; Successor Agency to the
Industry Urban Development Agency; Oversight Board of the Successor
Agency to the Industry Urban-Development Agency, and Does 1 through
50, inclusive, respondents, San Gabriel Valley Water and Power,
LLC, a California limited liability company; and Does 51 through
100, inclusive, Real Parties in Interest, Los Angeles County
Superior Court Case No. BS172995
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4. Conference with Real Property Negotiators pursuant to Government
Code Section 54956.8 for price and terms for property located at
APN Nos. 1017-241-28 and 1030-341-68; Konradt Bartlam, City's
Negotiator and Chino Valley Independent Fire District,
Negotiator
5. Public Employment, pursuant to Government Code Section 54957.
Title: City Manager
7:00 P.M. - CONVENE MEETING / ROLL CALL7:00 P.M. - CONVENE MEETING
/ ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG
INVOCATION: Chaplain Aguilar, Chino Valley Fire District
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION
PRESENTATION
6. INTRODUCTION - New employees: Valerie Banos, Code Enforcement
Office Assistant and Brenda Ramirez, Accountant II
PUBLIC INFORMATION OFFICER REPORT
7. 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. Individual audience participation is limited
to three minutes per speaker. Please complete and submit a speaker
card to the City Clerk.
CONFLICT OF INTEREST ANNOUNCEMENTS: Council Member abstentions
shall be stated at this time for recordation on the appropriate
item.
CITY DEPARTMENT BUSINESSCITY DEPARTMENT BUSINESS
CONSENT CALENDAR (6 ITEMS) -CONSENT CALENDAR (6 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.
8. Approve January 8, 2019, City Council Meeting Minutes
9. Approve Warrant Registers for period of December 27, 2018
through January 9, 2019 in amount of $1,545,208.77
10. Adopt an Ordinance entitled: An Ordinance of the City Council
of the City Of Chino Hills, California, Amending Title 16
(Development Code) of the Chino Hills Municipal Code Section
16.06.070 to Update the Provisions Regulating the Features Allowed
to Project Into the Required Property Setbacks and Chapter 16.02 to
Update the Definitions of Terms Referenced in Section 16.06.070 and
Determining that the Municipal Code Amendment is Exempt From Review
Under the California Environmental Quality Act - Second reading
(Introduced January 8, 2019)
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11. Authorize execution of Amendment No. 1 to Agreement No.
A2016-046 with Leatherman BioConsulting, Inc., to increase amount
by $96,949 for total not-to- exceed $195,702.56 and extend term to
January 30, 2021 for additional monitoring services during
construction
12. Approve list of qualified on-call traffic counts and data
collection consultants to assist Engineering Division on as-needed
basis
13. Find exception to competitive bidding procedures, authorize
execution of Amendment No. 1 to Agreement A2018-146 with Santa Ana
Watershed Association in total amount not-to-exceed $88,419.63, for
additional biomass reduction in Carbon Canyon Creek, adopt budget
resolution to increase General Fund Budget by $32,830 for Carbon
Canyon Biomass Reduction Project, and ratify extension of term to
June 30, 2019, pursuant to letter from City Manager dated November
29, 2018
ITEMS INITIATED BY COUNCILITEMS INITIATED BY COUNCIL
14. Appoint three members each to Parks and Recreation, Planning,
and Public Works Commissions with terms expiring November 30,
2022
15. Select a Chair and Vice Chair for Parks and Recreation,
Planning, and Public Works Commissions for terms ending December
10, 2019
SAFETY UPDATES - Police and FireSAFETY UPDATES - Police and
Fire
COUNCIL REPORTSCOUNCIL REPORTS
Omnitrans - Mayor Moran
Chino Valley Fire District - Council Member Johsz
San Bernardino County Transportation Authority - Council Member
Marquez
Chino Basin Desalter Authority - Council Member Rogers
Chino Hills Community Foundation - Council Member Rogers
Water Facilities Authority - Council Member Rogers
COUNCIL COMMENTSCOUNCIL COMMENTS
ADJOURN IN MEMORIAM AND IN HOPEADJOURN 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.
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JANUARY 8, 2019 REGULAR MEETING
Mayor Moran called the Closed Session to order at 6:00 p.m. and
requested the City Clerk to call roll.
PRESENT: COUNCIL MEMBERS: CYNTHIA MORAN ART BENNETT BRIAN JOHSZ RAY
MARQUEZ PETER ROGERS
ALSO PRESENT: KONRADT BARTLAM, CITY MANAGER MARK D. HENSLEY, CITY
ATTORNEY CHERYL BALZ, CITY CLERK BENJAMIN MONTGOMERY, ASSISTANT
CITY MANAGER
PUBLIC COMMENTS There were no public comments.
RECESS TO CLOSED SESSION Mayor Moran declared the meeting recessed
at 6:00 p.m. for Closed Session.
EXISTING LITIGATION Conference with Legal Counsel pursuant to
Government Code Section 54956.9(d)(1) - Existing Litigation (3
cases):
a) City of Chino Hills v. City of Industry; City of Industry City
Council; Successor Agency to the Industry Urban-Development Agency;
Board of Directors of the Successor Agency to the Industry
Urban-Development Agency; Oversight Board of the Successor Agency
to the Industry Urban-Development Agency, Real Party in Interest
San Gabriel Valley Water and Power, LLC, et al., Los Angeles County
Superior Court Case No. BS171398
b) City of Chino Hills v. Oversight Board of the Successor Agency
to the Industry Urban- Development Agency, et. al, Superior Court
of California, Sacramento Case No. 34-
2017-80002719-CU-WM-GDS
c) City of Chino Hills v. City of Industry; Successor Agency to the
Industry Urban Development Agency; Oversight Board of the Successor
Agency to the Industry Urban-Development Agency, and Does 1 through
50, inclusive, respondents, San Gabriel Valley Water and Power,
LLC, a California limited liability company; and Does 51 through
100, inclusive, Real Parties in Interest, Los Angeles County
Superior Court Case No. BS172995
Date: 01-22-19 Item No.: 08
5/55
CLOSED SESSION RECESS Mayor Moran recessed the Closed Session at
6:44 p.m.
CONVENE REGULAR MEETING AND ROLL CALL Mayor Moran called the
regular meeting order at 7:00 p.m.
PRESENT: COUNCIL MEMBERS: CYNTHIA MORAN ART BENNETT BRIAN JOHSZ RAY
MARQUEZ PETER ROGERS
ALSO PRESENT: KONRADT BARTLAM, CITY MANAGER MARK D. HENSLEY, CITY
ATTORNEY CHERYL BALZ, CITY CLERK CHRISTA BUHAGIAR, FINANCE DIRECTOR
DENISE CATTERN, PUBLIC INFORMATION OFFICER BRANDON FONACIER,
COMMUNITY RELATIONS ANALYST I JOANN LOMBARDO, COMMUNITY DEVELOPMENT
DIRECTOR NADEEM MAJAJ, PUBLIC WORKS DIRECTOR JONATHAN MARSHALL,
COMMUNITY SERVICES DIRECTOR JESSICA MEJIA, DEPUTY CITY CLERK II
BENJAMIN MONTGOMERY, ASSISTANT CITY MANAGER TIM SHACKELFORD, FIRE
CHIEF, CHINO VALLEY FIRE DEPARTMENT JOHN WALKER, POLICE CHIEF,
CHINO HILLS POLICE
PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Moran
INVOCATION Led by Mr. Hussain Sakr, Chino Valley Islamic
Center
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION There was no
reportable action taken in Closed Session.
Mayor Moran asked City Attorney Mark Hensley to explain to the
residents what topics are discussed during Closed Session.
City Attorney Hensley responded with an explanation of the Brown
Act and provided examples of the types of discussions that occur
during Closed Session such as: personal matters, litigation, and
real property negotiations.
PRESENTATIONS
SEMI-ANNUAL HIGHLIGHTED VOLUNTEER Mayor Moran presented
certificates of recognition from the City of Chino Hills and on
behalf of County Supervisor Hagman to John Guillen as the
Highlighted Volunteer for coaching the City's Special Olympics
Basketball, Bowling, and Soccer Teams. Mr. Guillen thanked the City
and the Community.
6/55
HOLIDAY HOME DECORATING CONTEST WINNERS Mayor Moran presented
certificates of recognition, and gift cards to the winners of the
City's Annual 2018 Holiday Home Decorating Contest.
Best in Show Award - The Pettengill Family Classic Holiday Award -
The Gonzalez Family Holiday Spirit Award - The Gerloff Family (not
in attendance)
PUBLIC INFORMATION OFFICER REPORT
Applications now available at the water counter and online at
www.chinohills.org/LIRA. The discount is $10 on the monthly water
meter charge.
• Healthy Hills Walking Club Meetup on Saturday, January 12th at
7:30 a.m. at Chino Hills Community Park. Future dates are April
13th, July 13th, and October 12th.
• Martin Luther King Jr. Holiday on Monday January 21st. City
facilities and the library will be closed.
• Healthy Hills Health and Wellness Fair on Saturday, January 26th
from 10:00 a.m. to 12:00 p.m. at the Chino Hills Community Center
for health screenings, demonstrations of City programs and vendor
booths.
• The California Department of Corrections and Rehabilitation will
be hosting a scoping meeting on January 10th at 6 p.m. at Chaffey
College Community Center regarding the proposed 50-bed Mental
Health Crisis Facility Project.
PUBLIC COMMENTS
Suzette Dang, spoke on behalf of Supervisor Curt Hagman’s office,
and invited everyone to attend the community workshop to be held on
Wednesday, January 30, 2019, from 5:00 p.m. to 7:30 p.m. to discuss
the Prado Master Plan and park enhancements at the Chino Hills
Community Center. For more information, please call
909-387-2757.
Lee Guenveur, resident, spoke on the construction of 354 apartments
at Los Serranos Mobile Home Park and requested individual water
meters be used versus a master meter program.
Luis Esparza, resident, spoke on his concern of hotel being built
near the Marriott and the limited parking availability, requested a
report and update of effectiveness of automatic license plate
readers, and asked when the Commission applications were due.
CONFLICT OF INTEREST ANNOUNCEMENTS There were no conflict of
interest announcements to record.
CITY DEPARTMENT BUSINESS
CONSENT CALENDAR Item No. 14, regarding Invasive plant and debris
removal at Hollow Run Nature Park, was pulled from the Consent
Calendar for discussion and separate vote.
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 December 11, 2018, City
Council Meeting Minutes, as presented.
WARRANT REGISTERS The City Council approved Warrant Registers and
Wires for the period of November 29 through December 26, 2018, in
an amount of $6,886,434.21, as presented.
FINANCIAL REPORT The City Council received and filed the monthly
Financial Report for November 2018, as presented.
INVESTMENT REPORT The City Council received and filed the
Investment Report for month ended November 30, 2018, as
presented.
INFORMAL BID LIMITS FOR PUBLIC CONTRACTS AWARDED - ORDINANCE
ADOPTED The City Council adopted Ordinance No. 335 of the City
Council of the City of Chino Hills, California, Amending Chapter
3.20 of the Chino Hills Municipal Code to Increase the Informal Bid
Limits for Public Contracts Awarded Pursuant to Chapter 3.20 to
$200,000, and Authorize the City Manager to Award Such Contracts in
an Amount not- to-exceed $200,000 and Amend the Authority to
Negotiate Contracts, Award Purchase Orders or Perform Work by City
Employees by Force Account on Public Projects in an Amount
not-to-exceed $60,000, for second reading by title only.
AGREEMENT - PURCHASE CARD (CAL-CARD) PROGRAM The City Council
authorized the City Manager to execute Agreement No. A2019-001
utilizing the State of California Participating Addendum No.
7-14-99-22 "Local Agency Subscription Agreement" with U.S. Bank to
participate in their Purchase Card Program known as CAL-Card for
enhanced security of the credit card administration process.
AGREEMENT - WATER AND SEWER MEETING REPRESENTATION The City Council
(1) found that the exception to competitive bidding procedures
under Chino Hills Municipal Code Section 318.050.D applies because
RBC Resources has demonstrated competence, qualifications for the
types of services to be performed, experience and knowledge of the
City due to a long-standing relationship; and (2) authorized the
execution of Professional Services Agreement No. A2019-002 with RBC
Resources in the amount of $175,000 annually through June 30, 2019,
with four,
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one-year renewal options for a total not-to-exceed amount of
$875,000 for representation at water and sewer meetings.
Motion carried as follows:
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
DISCUSSION CALENDAR
AGREEMENT - INVASIVE PLANT AND DEBRIS REMOVAL - HOLLOW RUN NATURE
PARK Council Member Marquez pulled this item for discussion and
separate vote. He complimented Staff for their quick response to
bring this item forward and the use of grant funding that was
used.
Following discussion, a motion was made by Council Member Marquez
and seconded by Council Member Johsz to approve Inter-agency
Agreement No. A2019-003 with the California Conservation Corps
(CCC) in an amount not-to-exceed $32,500 to perform invasive plant
and debris removal at Hollow Run Nature Park.
Motion carried as follows:
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ITEMS INITIATED BY COUNCIL
2019 BOARDS/COMMISSIONS/COMMITTEES APPOINTMENTS Following
discussion, a motion was made by Council Member Rogers and seconded
by Council Member Marquez to sunset the Animal Care and Control Ad
Hoc Committee effective immediately.
Motion carried as follows:
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
9/55
Following further discussion, a motion was made by Council Member
Johsz and seconded by Vice Mayor Bennett, to appoint Council
Members to the following Boards/Commissions/Committees for
2019:
• Big League Dreams Sports Park: ROGERS / JOHSZ (Delegates) • Boat
Parade Committee: MORAN (Delegate) • California Institution for Men
at Chino Citizens Advisory Committee: MARQUEZ
(Delegate) • California Institution for Women's Citizens Advisory
Committee: MARQUEZ
(Delegate) • California Joint Powers Insurance Authority: BENNETT
(Delegate) • Chino Basin Desalter Authority Board: ROGERS
(Delegate) / BENNETT
(Alternate) • Chino Hills Community Foundation Board: MORAN /
ROGERS (Delegates) • Chino Hills Fire Facility Needs ad hoc
Committee: ROGERS / MARQUEZ
(Delegates) • Chino Valley Chamber of Commerce: BENNETT (Delegate)
/ MARQUEZ
(Alternate) • Chino Valley Fire District Board Meeting: JOHSZ
(Delegate) / BENNETT
(Alternate) • Chino Valley Unified School District Liaison to Board
Meetings: BENNETT
(Delegate) / JOHSZ (Alternate) • Chino Valley Unified School
District Measure G Citizens Oversight Committee:
BENNETT (Delegate) • Inland Empire Utilities Agency Policy
Committee: ROGERS (Delegate) /
BENNETT (Alternate) • League of California Cities - Inland Empire
Division: MARQUEZ (Delegate) /
BENNETT / JOHSZ / MORAN / ROGERS (Alternates) • League of
California Cities - Legislative Task Force: MARQUEZ / JOHSZ
(Delegates) • Legislative Advocacy Committee - City Standing
Committee: ROGERS / JOHSZ
(Delegates) • Los Angeles County Fair Association Community
Relations Committee: ROGERS
(Delegate) / MORAN (Alternate) • Omnitrans, Board of Directors:
MORAN (Delegate) / MARQUEZ (Alternate) • Prado Basin Regional
Committee: MARQUEZ (Delegate) • SBCTA Board - San Bernardino
Associated Governments: MARQUEZ (Delegate)
/ MORAN (Alternate) • SCAG Regional Council Board: MARQUEZ
(Delegate) • San Bernardino Solid Waste Advisory Task Force: MORAN
(Delegate) • Social Media ad hoc Committee: ROGERS / JOHSZ
(Delegates) • Tres Hermanos Conservation Authority: ROGERS /
MARQUEZ (Delegates)
10/55
• Water Facilities Authority Board (WFA): ROGERS (Delegate) /
BENNETT (Alternate)
• West Valley Mosquito and Vector Control Board of Trustees: MORAN
(Delegate)
AYES: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ, ROGERS
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
PLANNING COMMISSION MATTERS
SITE PLAN REVIEW 18SPR01 AND CONDITIONAL USE PERMIT 18CUP05 -
STORAGE DISTRICT AT FAIRFIELD RANCH BUSINESS PARK - PUBLIC HEARING
SCHEDULED Site Plan Review 18SPR01 and Conditional Use Permit
18CUP05 - The Storage District at Fairfield Ranch Business Park,
Magellan Architecture, Applicant. The Planning Commission adopted a
Resolution approving Site Plan Review 18SPR01 and Conditional Use
Permit 18CUP05 for the development of a 130,149-square foot,
three-story indoor self-storage facility and associated parking,
circulation and landscape improvements at Fairfield Ranch Business
Park and determining that the project is exempt from review under
the California Environmental Quality Act based on findings of fact
and subject to conditions of approval.
Following discussion, Council Members Rogers and Johsz requested to
review the matter and schedule a Public Hearing for further review
at a future City Council meeting.
PUBLIC HEARING
PERMITTED PROJECTION INTO PROPERTY SETBACKS - ORDINANCE INTRODUCED
Senior Planner Ryan Gackstetter presented a PowerPoint presentation
and briefed the City on the staff report, which are on file in the
City Clerk's Office.
Mayor Moran opened the public hearing and asked if anyone wished to
address the City Council on the matter.
Luis Esparza, resident, spoke on building within setbacks and asked
how the proposed Ordinance will alleviate and address current
issues. Community Services Director Joann Lombardo responded that
it does not change existing code provisions, only clarifies
it.
Mayor Moran closed the Public Hearing.
Following discussion, a motion was made by Vice Mayor Bennett and
seconded by Council Member Marquez to introduce an Ordinance
entitled: An Ordinance of the City Council of the City of Chino
Hills, California, Amending Title 16 (Development Code) of the
Chino Hills Municipal Code Section 16.06.070 to Update the
Provisions Regulating the Features Allowed to Project Into the
Required Property Setbacks and Chapter 16.02
11/55
to Update the Definitions of Terms Referenced in Section 16.06.070
and Determining that the Municipal Code Amendment is Exempt From
Review Under the California Environmental Quality Act, for first
reading by title only and waived further reading.
Motion carried as follows:
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
SAFETY UPDATE - Police and Fire
Fire: Fire Chief Shackelford apologized for the dust caused by the
remodeling of the lobby area in the Fire Administration building,
and encouraged attendance for residents at the Board of Directors
meeting Wednesday, January 10th at 6:00 p.m. which will take place
at the Training Center.
COUNCIL REPORTS
CHINO VALLEY FIRE DISTRICT Council Member Johsz attended the Chino
Valley Fire District meeting and stated that they recognized
outgoing Director Ed Gray, and swore in Members Luth, Kreeger, and
Williams.
COUNCIL COMMENTS
Rogers: Council Member Rogers congratulated everyone involved with
the Boat Parade held on December 21st, spoke on ranking 19th for
National Night Out in the United States, and the yearly rise of
water rates.
Bennett: Vice Mayor Bennett asked residents to shut off sprinklers
when it is raining, wished everyone a Happy New Year, and spoke on
thefts from mailboxes in the City.
Johsz: Council Member Johsz requested an update on Los Serranos
Park. Public Works Director Majaj advised that there has been
significant progress and provided updates. Council Member Johsz
complimented the Boat Parade and wished everyone a Happy New
Year.
Marquez: Council Member Marquez inquired about the wells within the
City. Public Works Director Majaj commented that four of the nine
active wells fall above new State requirements for TCP contaminants
and because those wells are used to blend with the other five wells
to reduce TCP levels, all wells were shut down. Council Member
Marquez requested to be updated in the future. He thanked Council
Member Rogers for serving as Mayor and initiating the Carbon Canyon
Committee, and requested discussions in the future regarding
landscape and lighting, usage McCoy Equestrian Center, and fiscal
impacts and usage of the Big League Dreams.
12/55
Moran: Mayor Moran thanked City staff and the Kiwanis Club for
their outstanding job with the boat parade. She asked Finance
Director Buhagiar to explain concerns residents are having with
their water bill and payments being late. Finance Director Buhagiar
responded that the City has implemented a new utility billing
system and staff is currently working to catch up on billing. She
noted that past due balances were seen on the recent bill because
they were billed again before the last bill was to be due. Once the
billing is caught up, the residents will not see past due balances.
Mayor Moran requested a recorded message be placed on the City's
phone lines to provide customers with the update.
ADJOURN IN MEMORIAM Mayor Moran adjourned the meeting at 7:59 p.m.
in memory of Chino Hills resident Bre Payton who passed away at the
age of 26 on December 28, 2018, and Kelly Sousa who passed away at
the age of 36 on December 30, 2018.
Respectfully submitted,
DATE: JANUARY 22, 2019
FROM: CITY MANAGER ITEM NO: 9 SUBJECT: WARRANT REGISTERS
RECOMMENDATION: Approve warrants and wires over $25,000 totaling
$1,545,208.77 for December 27, 2018, through January 9, 2019.
BACKGROUND/ANALYSIS: A listing of warrants and wire transfers
reflecting payments over $25,000 are regularly submitted for City
Council review and approval as an agenda item at each City Council
meeting. During the period of December 27, 2018, through January 9,
2019, payments in excess of $25,000 have been issued totaling
$1,545,208.77 (see attached).
ENVIRONMENTAL (CEQA) REVIEW: This proposed action is exempt from
review under the California Environmental Quality Act (California
Public Resources Code §§ 21000, et seq., "CEQA") and CEQA
Guidelines (Title 14 California Code of Regulations §§ 15000, et
seq.), because it does not involve any commitment to a specific
project which could result in a potentially significant physical
impact on the environment; and, constitutes an organizational or
administrative activity that will not result in direct or indirect
physical changes in the environment. Accordingly, this action does
not constitute a "project" that requires environmental review (see
specifically 14 CCR § 15378(b)(4-5)).
FISCAL IMPACT: The cash held by the City's various funds, including
the General Fund, is reduced as a result of paying the City's
authorized expenditure requests.
REVIEWED BY OTHERS: None.
Respectfully Submitted, Recommended By:
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Vendor Total * 73,951.97
Outgoing Wire Transfers Over $25,000 From 12/27/18 to 1/9/19
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS,
CALIFORNIA, AMENDING TITLE 16 (DEVELOPMENT CODE) OF THE CHINO HILLS
MUNICIPAL CODE SECTION 16.06.070 TO UPDATE THE PROVISIONS
REGULATING THE FEATURES ALLOWED TO PROJECT INTO THE REQUIRED
PROPERTY SETBACKS AND CHAPTER 16.02 TO UPDATE THE DEFINITIONS OF
TERMS REFERENCED IN SECTION 16.06.070 AND DETERMINING THAT THE
MUNICIPAL CODE AMENDMENT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council does hereby make the following findings
of fact:
a. In 1995, the City Council adopted Ordinance No. 68 to amend the
Chino Hills Municipal Code to adopt Title 9 Development Code
(subsequently renumbered to Title 16), which superseded the
previously adopted Title 8 of the San Bernardino County Code.
Included in the newly adopted Development Code, was a section that
established the type of features allowed to be constructed within
the required setback areas and established the maximum permissible
projection for these features into the setback. This section has
been amended in the intervening years to add additional permissible
feature types and update the permissible projections. Some of these
amendments established provisions allowing an unspecified
projection into the setback provided that a minimum distance was
maintained from the property line. These existing provisions are
organized into Table 10-1 Maximum Permitted Projections Into
Required Yard Areas and its accompanying notes within Chino Hills
Municipal Code Section 16.06.070.
b. The inclusion of both approaches to regulating features in the
required setbacks (specifying a projection into the setback for
some features and a minimum distance from the property line for
other features) within Table 10-1 has generated confusion in the
application of its standards by the public, contractors, and
architects. Furthering this potential for confusion, the
Development Code does not provide definitions for all of the
features permitted to project into the required setbacks, which
causes difficulty in drawing distinctions between the improvements
and features permitted within the setback areas and those that are
required to maintain the required building setback.
c. To provide greater clarity for the public, the City proposes to
update Table
Date: 01-22-19 Item No.: 10
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10-1 by separating the table into three sections: permitted
projections into the required setbacks for residentially zoned
properties, features permitted within the setback subject to a
minimum distance from the property line of residentially zoned
properties, and permitted projections into the required setbacks of
non-residentially zoned properties. Additionally, the proposed
amendment would modify or establish definitions for those terms
referenced within the Chino Hills Municipal Code Section
16.06.070.
d. The Municipal Code Amendment would also modify some of the
provisions regulating the features permitted within the required
setbacks to address concerns identified by the public and staff and
to provide more uniform standards throughout the City.
e. On November 6, 2018, the Planning Commission held a duly noticed
public hearing to receive oral and documentary evidence from staff
and the public regarding the proposed amendments. The Commission
adopted a resolution recommending to the City Council the adoption
of the proposed Municipal Code Amendment.
f. Notice of the public hearing was published in the Chino Hills
Champion newspaper on December 29, 2018.
g. A duly noticed public hearing before the City Council was
conducted on January 8, 2019, at which time all interested persons
were given an opportunity to testify in support of, or in
opposition to the project.
SECTION 2. The City Council finds that this Ordinance is exempt
from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., “CEQA”) and
CEQA regulations (Title 14 California Code of Regulations §§ 15000,
et seq.) for the following reasons: (1) it will not result in a
direct or reasonably foreseeable indirect physical change in the
environment (14 Cal. Code Regs. § 15060(c)(2)), (2) there is no
possibility that the ordinance may have a significant effect on the
environment (14 Cal. Code Regs. § 15061(b)(3)), and (3) the
Ordinance does not constitute a “project” as defined in the CEQA
Guidelines (14 Cal. Code Regs. § 15378).
SECTION 3. As required under Government Code § 65860, the City
Council finds that Chino Hills Municipal Code amendments proposed
in Municipal Code Amendment 18MCA05 are consistent with the Chino
Hills General Plan as follows:
a. The proposed amendment to the Chino Hills Municipal Code
conforms to General Plan Goals LU-3, LU-4, and H-2, which require
the maintenance and promotion of the character, integrity, and
excellence of design of the City’s neighborhoods. The proposed
amendment would update the provisions regulating the type of
features allowed to be constructed within the required setback
areas to provide increased clarity and more uniform standards
throughout the City. By providing clear and uniform
regulations
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for the features permitted within the required setbacks, the
Municipal Code Amendment contributes to the maintenance and
promotion of the character, integrity, and excellence of design of
the City’s neighborhoods.
SECTION 4. In accordance with Chino Hills Municipal Code §
16.62.040, the City Council makes the following findings of
fact:
a. FINDING: That the proposed Municipal Code Amendment is
consistent with the goals, policies and objectives of the General
Plan.
FACT: The proposed amendment to the Chino Hills Municipal Code
conforms to General Plan Goals LU-3, LU-4, and H-2, which require
the maintenance and promotion of the character, integrity, and
excellence of design of the City’s neighborhoods. The proposed
amendment would update the provisions regulating the type of
features allowed to be constructed within the required setback
areas to provide increased clarity and more uniform standards
throughout the City. By providing clear and uniform regulations for
the features permitted within the required setbacks, the Municipal
Code Amendment contributes to the maintenance and promotion of the
character, integrity, and excellence of design of the City’s
neighborhoods.
b. FINDING: That the proposed Municipal Code Amendment will not
adversely affect surrounding properties.
FACT: The proposed Municipal Code Amendment would update the
provisions regulating the type of features allowed to be
constructed within the required setback areas to provide increased
clarity and more uniform standards throughout the City. Thus, the
proposed Municipal Code Amendment intends to allow property owners
greater use of their property, while minimizing the potential
impact on adjacent properties and thereby reducing the potential
for adverse impacts to existing communities.
SECTION 5. Upon the effective date of this ordinance, Chino Hills
Municipal Code § 16.06.070 shall be amended in its entirety to read
as follows:
16.06.070 – Features Permitted within Required Setbacks
All required setback areas shall be open and unobstructed from
finished grade to the sky, except that the following features are
permitted within the setback areas subject to permissible
projections into the setback and/or minimum distance to property
lines as indicated in Tables 10-1(A), 10-1(B), and 10-1(C).
Table 10-1(A) Maximum Permitted Projections into Required Setbacks
for Residentially Zoned Properties
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HeightMaximum Projection into Setback
Not permitted 2
Allowed – See Chapter
See Chapter 16.44
Arbor – Freestanding 3’0” 3’0” 3’0” 3’0” 8’0”
Arbor as part of a fence
No Setback Required. 8’0”
Architectural Projection: Cornice, Eave, Porte Cochere, Covered
Porch, and Roof Overhang 3
4’0” 4’0” 2’0” 4’0” N/A
Awning 4’0” 4’0” 2’0” 4’0” N/A
Balcony, Second Story Deck, or Stairway and Stairway Landing
4
2’6” 2’6” 2’0” 2’6” N/A
Bay Window 5 4’0” 4’0” 2’0” 4’0” N/A
Deck 6 Not Permitted
4’0” Not Permitted
Chimney attached to habitable structure
4’0” 4’0” 2’0” 4’0” Per minimum height above
roof established
Gate 7 and Pilaster as part of a fence/wall 8
No Setback Required. 2’0” above the maximum height of the
fence/wall
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Table 10-1(B) Minimum Distance to the Property Line for
Residentially Zoned Properties
Feature
Maximum Height
Accessory Building or Structure (not exceeding 120 square
feet)
Not Permitted 2
Not Permitted
Fireplace or Fire Pit (non-wood burning; outdoor; free-
standing)
Not Permitted
Patio (Open) 9 and Shade Structure
Not Permitted
Playground Equipment
Not Permitted
Not Permitted
Swimming Pool and Spa, including any grotto, associated
appurtenance, slide, water fall, etc. 10
Not Permitted
Not Permitted
Table 10-1(C) Maximum Permitted Projections into Required Setbacks
for Non- Residentially Zoned Properties
Feature Front Rear Interior Side Street Side Maximum
HeightMaximum Projection into Setback
Not Permitted 2
Allowed – See Chapter
Architectural Projection: Cornice, Eave, Porte Cochere, Covered
Porch, and Roof Overhang 3
4’0” 4’0” 2’0” 4’0” N/A
Awning 4’0” 4’0” 2’0” 4’0” N/A
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2’6” 2’6” 2’0” 2’6” N/A
Gate 7 and Pilaster as part of a fence/wall 8
No setback required. 2’0” above the maximum height of the
fence/wall
15’0” 12 N/A N/A 15’0” 12 N/A
Table Notes: 1. Exemptions. See Chapter 16.44. 2. When the matrix
indicates that a feature is not permitted, that feature shall
not be located within the specified building setback for the
property. 3. Eave projections included in this section do not apply
to patio covers.
Please see note (10) for eave overhangs for patio covers. 4. Steps
at grade are permitted in all setback areas. 5. Bay windows shall
have no livable area, except a bench seat, and shall not
exceed fifty (50) percent of the length of the wall containing the
window. Bay windows must be cantilevered and cannot extend to the
foundation.
6. When located within a required setback, a deck shall be at a
height of 30 inches above adjacent grade.
7. Within a required setback, a pedestrian gate shall not exceed
four (4) feet in width for a single gate or eight (8) feet in width
for a double gate and a vehicular gate shall not exceed the width
of the driveway up to a maximum of 24 feet.
8. Fence posts may be a maximum of four (4) inches above the height
of the fence.
9. Patio cover setback is measured from the posts to the property
line. Eaves are allowed to extend a maximum of one foot past the
posts (supports).
10. Setbacks for above-ground swimming pools, spas, or
appurtenances shall be measured from the edge of the structure to
the property lines. Setbacks for an in-ground swimming pool and/or
spa shall be measured from the water's edge to the property
lines.
11. See Chapter 16.09.100 for requirements and standards.
Commercial patios may include shade structures, lighting, fire
pits, water features, and similar features. Patio cover setback is
measured from the posts to the property line. Eaves are allowed to
extend a maximum of one foot past the posts (supports).
12. A minimum of 10′-0″ of landscaped area measured from the
property line to the patio shall be provided.
SECTION 6. Upon the effective date of this ordinance, Chino Hills
Municipal Code § 16.02.130 shall be amended to revise the
definition “arbor” and to add a definition of “awning” to read as
follows, while all other items in this section shall remain
unchanged:
"Arbor" means a decorative, raised structure that is intended to
walk under and that may be part of a fence and may be
plantable.
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Page 7 of 12
“Awning” means a secondary covering attached to the exterior wall
without support from the ground; awnings are typically used to
shield a window, door, or storefront from the sun or rain.
SECTION 7. Upon the effective date of this ordinance, Chino Hills
Municipal Code § 16.02.140 shall be amended to add definitions of
“bar” and “barbecue structure” to read as follows, while all other
items in this section shall remain unchanged:
“Bar” means an elevated horizontal working surface, especially one
intended to be used in the preparation or consumption of food and
beverages.
“Barbecue Structure” means a permanently affixed appliance or
structure used to roast or broil food over or before a source of
heat. The appliance or structure may include additional features
(e.g. stovetop burners, small refrigerators, etc.).
SECTION 8. Upon the effective date of this ordinance, Chino Hills
Municipal Code § 16.02.150 shall be amended to add the definitions
of “countertop” to read as follows, while all other items in this
section shall remain unchanged:
“Countertop” means an elevated horizontal working surface,
especially one intended to be used in the preparation or
consumption of food and beverages.
SECTION 9. Upon the effective date of this ordinance, Chino Hills
Municipal Code § 16.02.160 shall be amended to revise the
definition of “deck” to read as follows, while all other items in
this section shall remain unchanged:
“Deck” means a structure at least thirty (30) inches above adjacent
grade which is supported from the ground. Where permitted within a
required setback, a deck shall not exceed a maximum height of 30
inches above adjacent grade. See also “Second Story Deck”,
"Balcony", and "Platform."
SECTION 10. Upon the effective date of this ordinance, Chino Hills
Municipal Code § 16.02.180 shall be amended to add the definition
of “fence post”, “fire pit”, and “fireplace” to read as follows,
while all other items in this section shall remain unchanged:
“Fence Post” means a vertical post that supports and is
incorporated into a fence. Fence posts may be a maximum of four (4)
inches above the height of the fence and shall be no wider than six
(6) inches. Fence posts shall be spaced at least six (6) feet on
center.
“Fire Pit” means any permanent or portable structure or appliance
intended to contain fire, excluding a barbecue or pizza oven. Fire
pits shall be non-wood burning.
“Fireplace” means any permanent or portable structure or appliance
intended to contain fire, excluding a barbecue or pizza oven.
Fireplaces shall be non-wood burning.
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SECTION 11. Upon the effective date of this ordinance, Chino Hills
Municipal Code § 16.02.190 shall be amended to add the definition
of “gate” to read as follows, while all other items in this section
shall remain unchanged:
“Gate” means a moveable barrier that provides access through a
fence or wall.
SECTION 12. Upon the effective date of this ordinance, Chino Hills
Municipal Code § 16.02.250 shall be amended to revise the
definition of “mechanical equipment” to read as follows, while all
other items in this section shall remain unchanged:
“Mechanical Equipment” means a machine that is created to perform
one or more specific functions consisting of one or more
components. Components typically found in mechanical equipment may
include compressors, condensers, evaporators, motors, and
pumps.
SECTION 13. Upon the effective date of this ordinance, Chino Hills
Municipal Code § 16.02.280 shall be amended to revise the
definitions of “enclosed patio” and “open patio” and to add the
definitions of “pilaster”, “pizza oven”, “playground equipment”,
and “pool equipment” to read as follows, while all other items in
this section shall remain unchanged:
Patio, Enclosed. “Enclosed patio” means any one-story structure not
exceeding twelve (12) feet in height that is partially open to the
surrounding environment. Enclosure walls may have any
configuration. Openings may be enclosed with insect screening or
translucent plastic that is readily removable or transparent
plastic not more than 0.125-inch in thickness. Patio covers may be
detached or attached to other buildings provided they are
consistent with applicable sections of the Development Code or
Building Code.
Patio, Open. “Open patio” means any one-story structure not
exceeding twelve (12) feet in height that is fully open without any
screening to the surrounding environment. An open patio shall not
be enclosed on any side, except that it may share a maximum of one
common wall with the primary structure. Open patios may have four
posts with widths no wider than one (1) foot in diameter. Patio
covers may be detached or attached to other buildings provided they
are consistent with applicable sections of the Development Code and
Building Code.
“Pilaster” means a vertical column incorporated into a wall or
fence. Pilasters shall be a maximum of sixteen (16) inches in width
and shall be spaced at least eight (8) feet on center.
“Pizza Oven” means an enclosed chamber or compartment used to heat,
bake, roast, or otherwise cook food.
“Playground Equipment” means a structure, feature, or collection of
structures and/or features primarily intended for recreational use
by children (e.g. slides,
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swing sets, climbing apparatus, etc.).
“Pool Equipment” means a collection of machines that operate
together to recirculate water in a pool and/or spa to perform
several functions. The primary function of pool equipment is the
filtration of pool water. Secondary functions may include the
heating of pool water, chemically sanitizing pool water, or
injecting air into spa water.
SECTION 14. Upon the effective date of this ordinance, Chino Hills
Municipal Code § 16.02.300 shall be amended to add the definition
of “roof-mounted equipment” to read as follows, while all other
items in this section shall remain unchanged:
“Roof-Mounted Equipment” means any mechanical equipment, appliance,
device, ducting, or similar features located on the roof of a
structure.
SECTION 15. Upon the effective date of this ordinance, Chino Hills
Municipal Code § 16.02.310 shall be amended to revise the
definitions of “stairway” and “stairway landing” and add the
definitions of “second story deck” and “spa” to read as follows,
while all other items in this section shall remain unchanged:
“Second Story Deck” means a structure projecting from a building
(typically a home) more than thirty (30) inches above adjacent
grade, not to exceed second story floor level, which is supported
from the ground.
“Spa” means a water-filled enclosure, permanently constructed or
portable, having a depth of more than twenty-four (24) inches below
the level of the surrounding land, or an above-surface enclosure,
having a depth of more than twenty-four (24) inches, designed,
used, and maintained as an accessory use for swimming and/or
bathing.
“Stairway” means one or more flights of stairs, either interior or
exterior, with the necessary landings and platforms connecting
them, to form a continuous and uninterrupted passage from one level
to another.
“Stairway Landing” means a flat area at the top and bottom of a
stairway and/or the intermediate platform on a flight of
stairs.
SECTION 16. Upon the effective date of this ordinance, Chino Hills
Municipal Code § 16.02.350 shall be amended to add the definition
of “water feature” to read as follows, while all other items in
this section shall remain unchanged:
“Water Feature” means one or more items consisting of fountains,
pools, ponds, cascades, waterfalls, and streams.
SECTION 17. Upon the effective date of this Ordinance, the
provisions hereof shall supersede any inconsistent or conflicting
provisions of the San Bernardino County
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Code as the same were adopted by reference by City Ordinances Nos.
91-01 and 92-02.
SECTION 18. If any part of this ordinance or its application is
deemed invalid by a court of competent jurisdiction, the City
Council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to
this end, the provisions of this Ordinance are severable.
SECTION 19. This Ordinance must be broadly construed in order to
achieve the purposes stated in this Ordinance. It is the City
Council’s intent that the provisions of this Ordinance be
interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 20. Repeal of any provision of the Chino Hills Municipal
Code does not affect any penalty, forfeiture, or liability incurred
before, or preclude prosecution and imposition of penalties for any
violation occurring before, this Ordinance’s effective date. Any
such repealed part will remain in full force and effect for
sustaining action or prosecuting violations occurring before the
effective date of this ordinance.
SECTION 21. If this entire Ordinance or its application is deemed
invalid by a court of competent jurisdiction, any repeal or
amendment of the Chino Hills Municipal Code or other city ordinance
by this Ordinance will be rendered void and cause such previous
Chino Hills Municipal Code provisions or other city ordinances to
remain in full force and effect for all purposes.
SECTION 22. The City Clerk is directed to certify the passage and
adoption of this Ordinance; cause it to be entered into the City of
Chino Hills’ book of original ordinances; make a note of the
passage and adoption in the records of this meeting; and, within
fifteen (15) days after the passage and adoption of this Ordinance,
cause it to be published or posted in accordance with California
law.
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SECTION 23. This Ordinance will take effect on the 30th day
following its final passage and adoption.
PASSED, APPROVED AND ADOPTED this 22nd day of January, 2019.
CYNTHIA MORAN, MAYOR
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STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF CHINO
HILLS )
I, CHERYL BALZ, City Clerk of the City of Chino Hills, DO HEREBY
CERTIFY that Ordinance No. was duly introduced at a regular meeting
held January 8, 2019; and adopted at a regular meeting of the City
Council held on the 22nd day of January, 2019 by the following
vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
CHERYL BALZ, CITY CLERK
I hereby certify that the foregoing is the original of Ordinance
No. duly passed and adopted by the Chino Hills City Council at
their regular meeting held on , 2019, and that summaries of the
Ordinance were published on and in the Chino Hills Champion
newspaper.
CHERYL BALZ, CITY CLERK
DATE: JANUARY 22, 2019
FROM: CITY MANAGER ITEM NO: 11 SUBJECT: AUTHORIZE THE EXECUTION OF
AMENDMENT NO. 1 TO AGREEMENT NO.
A2016-046 WITH LEATHERMAN BIOCONSULTING, INC.
RECOMMENDATION: Authorize the execution of Amendment No. 1 to
Agreement No. A2016-046 with Leatherman BioConsulting, Inc.
extending the contract expiration date to January 30, 2021 and
increase the not-to-exceed amount of $98,753.16 by $96,949.40 for a
revised total of $195,702.56.
BACKGROUND/ANALYSIS: On March 8, 2016 the City Council of the City
of Chino Hills, authorized the execution of an agreement with
Leatherman BioConsulting, Inc. to administer and implement the
Mitigation Monitoring Plan (MMP) and the Habitat Mitigation
Monitoring Plan (HMMP) for the Vila Borba project.
The Mitigation Monitoring Plan requires that a biological monitor
conducts a field investigation throughout construction and the City
anticipates that construction and revegetation of habitat within
the Vila Borba Master Plan area will continue for an additional 24
months. The additional monitoring resulted in an update to the
scope of work and increased the not-to-exceed amount by $96,949.40
for a revised total of $195,702.56.
ENVIRONMENTAL (CEQA) REVIEW: This action of approving is not a
project within the meaning of the California Environmental Quality
Act (California Public Resources Code §§ 21000, et seq., "CEQA")
and CEQA Guidelines (Title 14 California Code of Regulations §§
15000, et seq.) Section 15378 and is therefore exempt from CEQA. It
will not result in any direct or indirect physical change in the
environment because it is only a preliminary action required in
order to study the proposed project.
FISCAL IMPACT: There is sufficient funding in the TDA Pass Thru
Fund budget to cover the Fiscal Year 2018/19 cost of the Leatherman
BioConsulting, Inc. contract. All costs for this contract will be
reimbursed by the developer and there is no impact on the General
Fund.
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REVIEWED BY OTHERS: This item has been reviewed by Finance Director
and City Clerk.
Respectfully Submitted, Recommended By:
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DATE: JANUARY 22, 2019
FROM: CITY MANAGER ITEM NO: 12 SUBJECT: LIST OF QUALIFIED ON-CALL
TRAFFIC COUNTS AND DATA COLLECTION
CONSULTANTS
RECOMMENDATION: Approve the establishment of a list of qualified
on-call traffic counts and data collection consultants.
BACKGROUND/ANALYSIS: The Public Works Engineering Division, in
part, performs traffic evaluations/studies, warrant analyses,
traffic counts and traffic monitoring. To supplement internal
staff-resources, the division occasionally seeks additional support
from consulting firms with expertise in traffic matters.
Establishing a list of qualified consultants for this type of work
will enable the Engineering Division to provide timely services
when needed.
In October 2018, a Request for Statements of Qualifications (SOQs)
was issued for on-call traffic counts and data collection services.
In response to its request, the City received a total of three
SOQs. The SOQs were reviewed, evaluated, and ranked, and the
following top two firms have been selected:
AimTD LLC, Anaheim, CA Counts Unlimited, Corona, CA
When the above noted services are required, Professional Services
Agreements will be prepared and procedures for authority limits
will be followed as provided in the City's contract compliance
policies.
ENVIRONMENTAL (CEQA) REVIEW: This action of approving is not a
project within the meaning of the California Environmental Quality
Act (California Public Resources Code §§ 21000, et seq., "CEQA")
and CEQA Guidelines (Title 14 California Code of Regulations §§
15000, et seq.) Section 15378 and is therefore exempt from CEQA. It
will not result in any direct or indirect physical change in the
environment.
FISCAL IMPACT: There is no fiscal impact for this agenda item. The
services provided by on-call consultants will be budgeted and
accounted for pursuant to the City's standard procedures.
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REVIEWED BY OTHERS: This item has been reviewed by the Finance
Director.
Respectfully Submitted, Recommended By:
DATE: JANUARY 22, 2019
FROM: CITY MANAGER ITEM NO: 13 SUBJECT: AMENDMENT NO. 1 TO
AGREEMENT A2018-146 WITH SANTA ANA
WATERSHED ASSOCIATION FOR CARBON CANYON BIOMASS REDUCTION
PROJECT
RECOMMENDATION:
1. Find that the exception to competitive bidding procedures under
Chino Hills Municipal Code Section 3.18.050.D applies because Santa
Ana Watershed Association (SAWA) has demonstrated competence and
qualifications for the types of services to be performed as well as
experience and knowledge of the City and authorize the execution of
Amendment No.1 to Agreement A2018-146 with Santa Ana Watershed
Association (SAWA) in an amount not-to-exceed $32,829.93 for
additional biomass reduction in Carbon Canyon Creek, for a total
not-to-exceed amount of $88,419.63.
2. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHINO HILLS, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR FISCAL YEAR 2018-19 INCREASING THE GENERAL FUND BUDGET BY
$32,830 FOR THE CARBON CANYON BIOMASS REDUCTION PROJECT.
3. Ratify the extension of the terms of Agreement No. A2018-146 to
June 30, 2019 pursuant to the Extension Letter from the City
Manager dated November 29, 2018.
BACKGROUND/ANALYSIS: The streambed in Carbon Canyon has natural
vegetation that can make the area susceptible to wildfire. On June
26, 2018, the City Council approved Agreement A2018- 146 in the
amount of $55,589.70 for the most critical biomass reduction on
approximately 1.3 miles along the streambed area from the bridge,
which runs under State Highway 142, to Rosemary Lane. SAWA
completed the project at a reduced cost of $33,673.01, generating
project savings of $21,916.69.
The second phase of this project is to perform similar biomass
reduction along the streambed area from the bridge northward, which
runs under State Highway 142, to 1248 Carbon Canyon Road (see
Exhibit A). This phase of the project, costing $54,746.62, was
planned for next fiscal year. However, due to recent fire concerns
statewide, staff is recommending Amendment No. 1 to Agreement
A2018-146 in order to complete this project in the current fiscal
year. By applying the $21,916.69 savings from the original phase,
the project will only require an additional $32,829.93, for a total
not-to-exceed agreement amount of $88,419.63.
SAWA, a non-profit 501c, develops, coordinates, and implements
natural resource programs that support a sustainable ecosystem and
social benefits from the San Bernardino Mountains to the Pacific
Ocean. They specialize in streambed restoration and are uniquely
qualified to process all permits and perform necessary regulatory
compliance.
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SAWA has special permits, such as the 1600 Lake or Streambed
Alteration Agreement with the California Department of Fish and
Wildlife and operates with the other regulatory agencies under a
regional general permit. As part of the agreement, SAWA will
contract and manage all labor through its agreement with the
California Conservation Corps (CCC) as well as maintain all
required permits to remove the biomass from the creek.
The City does not have the required permits for this project and
therefore sought external services for this work. SAWA has the
unique combination of required permits, agreement with the CCC,
qualified staff to oversee the work, and the experience to ensure
that all necessary reporting is submitted to the appropriate
regulatory agencies. Chino Hills Municipal Code Section 3.18.050.
permits the City Council to waive competitive procedures when it
finds that such a waiver is required or desirable and in
conformance with state law. Therefore, City staff requests that the
City Council waive competitive procedures, find that such a waiver
is desirable and in conformance with state law, and authorize the
agreement with SAWA for biomass reduction in Carbon Canyon
Creek.
ENVIRONMENTAL (CEQA) REVIEW: The proposed project is categorically
exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to Title 14 California Code of
Regulations (CEQA Guidelines) Section 15301 (h) as a Class 1
categorical exemption (Existing Facilities) and Section 15304 as a
Class 4 categorical exemption involving a minor alteration to
land.
FISCAL IMPACT: The proposed budget amendment will increase the
expenditure budget in the General Fund by $32,830 which will result
in a $32,830 decrease in the General Fund projected ending fund
balance.
REVIEWED BY OTHERS: The Finance Director has reviewed this agenda
item.
Respectfully Submitted, Recommended By:
Attachments Exhibit A - Map of Work Budget Resolution 19B035 SAWA
Amendment No. 1 Extension Letter
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Exhibit A
Disclaimer: Map and parcel data are believed to be accurate, but
accuracy is not guaranteed. This is not a
legal document and should not be substituted for a title
search,appraisal, survey, or/or zoning
verification.
http://maps.chinohills.org/chinohillsjs/
DATE: JANUARY 22, 2019
FROM: CITY MANAGER ITEM NO: 14 SUBJECT: 2019 COMMISSIONER
APPOINTMENTS
RECOMMENDATION: Appoint three members each to Parks and Recreation
Commission, Planning Commission, and Public Works Commission with
terms expiring November 30, 2022.
BACKGROUND/ANALYSIS: Commission members appointed pursuant to Chino
Hills Municipal Code (CHMC) Section 2.28.050 serve terms
coterminous with that of the individual City Council member who
nominated them. Parks and Recreation Commissioners Greg Higgins, Al
Jackson, and Joe Schaffer, Planning Commissioners Stephen Romero,
Jerry L. Blum, and Michael Stover, and Public Works Commissioners
Vincent Jones, Bob Goodwin, and Larry Rovira have terms that
expired on November 30, 2018, coterminous with the terms of Council
Members Peter Rogers, Ray Marquez and Brian Johsz. Commissioners
are entitled to serve on the Commission until a successor is
appointed by the City Council.
Due to the certification of the election, the appointment of
Commissioners was delayed to allow the newly elected Council
Members Rogers, Marquez, and Johsz an opportunity to review
applications received during an open recruitment conducted from
December 3, 2018 through January 4, 2019.
ENVIRONMENTAL (CEQA) REVIEW: This action is not a project within
the meaning of the California Environmental Quality Act (CEQA)
Guidelines Section 15278 and is therefore exempt from CEQA as it is
an administrative change that will not result in any direct or
indirect physical change in the environment.
FISCAL IMPACT: There is no fiscal impact.
Respectfully Submitted, Recommended By:
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A.
B.
2.28.030 - Qualifications.
Unless otherwise specifically provided by law, or by ordinance or
resolution of the City
Council, all members of boards and commissions of the city shall,
at all times during their
incumbencies, be bona fide residents and registered voters of the
city. No member of any board
or commission shall be a city employee, nor shall any person be a
member of more than one
board or commission at any one time.
(Ord. 91-05 § 2.06.030)
2.28.040 - Applications.
The City Clerk shall maintain all applications submitted to the
city for board or commission
positions for a period of two years.
(Ord. 91-05 § 2.06.040)
2.28.050 - Appointment.
Members of each board and commission shall be appointed, and may be
removed, by a
majority of the City Council. The chairperson of the board or
commission shall be appointed by a
majority vote of the City Council.
(Ord. 91-05 § 2.06.050)
2.28.060 - Term.
Commissioners and board members appointed pursuant to Section
2.28.050 of this section,
shall serve a term coterminous with that of the individual City
Council member who
nominated them. The student member as prescribed in Section
2.32.020 of this code,
however, shall be nominated by the Mayor and confirmed by a
majority vote of the City
Council to serve a twelve (12) month term from May of one year to
May of the following year.
Except as set forth in this section, no Commissioner shall serve a
term exceeding four years
without being renominated and reappointed.
Unless removed by a majority vote of the City Council, a
Commissioner shall be entitled to
serve on the Commission until a successor is appointed by the City
Council.
(Ord. 57 § 2; Ord. 91-05 § 2.06.060)
Page 1 of 2Chino Hills, CA Code of Ordinances
12/21/2016about:blank
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2.28.070 - Vacancies.
If vacancies in any board or commission occur, other than by
expiration of term, such
vacancies shall be filled by appointment for the unexpired portion
of the term.
(Ord. 91-05 § 2.06.070)
12/21/2016about:blank
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DATE: JANUARY 22, 2019
FROM: CITY MANAGER ITEM NO: 15 SUBJECT: SELECTION OF CHAIR AND VICE
CHAIR FOR COMMISSIONS
RECOMMENDATION: Select a Chair and Vice Chair for the Parks and
Recreation, Planning, and Public Works Commissions for terms ending
December 10, 2019.
BACKGROUND/ANALYSIS: The Parks and Recreation, Planning and Public
Works Commissions were established pursuant to Chino Hills
Municipal Code (CHMC) Chapters 2.28 and 2.32, 2.36 and 2.40
respectively. These bodies are advisory in nature to the City
Council and consist of five members, nominated by individual City
Council Members and appointed by the City Council. CHMC Section
2.28.080 states that the City Council shall appoint the Chair and
Vice Chair of all commissions for a term of one year.
In accordance with Administrative Policy No. 1.6, the City Council,
by motion, annually selects a Chair and Vice Chair on the second
Tuesday of December. The terms of the Chairs and Vice Chairs shall
commence on the date of appointment and terminate at midnight the
Monday prior to the second Tuesday of December of the following
year. The Vice Chair of each City Council appointed commission, who
has served the immediate prior year, shall have an automatic
nomination to serve as Chair.
Due to the certification of the election, the appointment of
Chair/Vice Chair was delayed to allow the newly elected Council
Members Rogers, Marquez, and Johsz an opportunity to review
applications received during an open recruitment conducted from
December 3, 2018 through January 4, 2019 and make their
appointments accordingly.
Attached for reference is a five year history of the Commission
Chairs and Vice Chairs.
ENVIRONMENTAL (CEQA) REVIEW: This action is not a project within
the meaning of the California Environmental Quality Act (CEQA)
Guidelines Section 15278 and is therefore exempt from CEQA as it is
an administrative change that will not result in any direct or
indirect physical change in the environment.
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Respectfully Submitted, Recommended By:
Attachments Code Section 2.28.080
2.28.080 - Officers.
The City Council shall appoint the Chair and Vice-Chair of all
boards and commissions for a
term of one year and the Commissions may create and fill such other
offices as it deems
necessary. The Secretary of each Commission shall prepare meeting
agendas and coordinate with
the Commission Chair and city staff the work of the
Commission.
(Ord. 34 § 2, 1992)
12/21/2016about:blank
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Parks and Recreation Commission Appt. Current Roster By
Chair Vice Chair Member Term end date 2018 Bill Taylor Greg Higgins
BJ Vacant 11/30/2018
PR Greg Higgins 11/30/2018 2017 Patrick Hamamoto Bill Taylor RM Al
Jackson 11/30/2018
AB Patrick Hamamoto 11/30/2020 2017 Bob Gannon Patrick Hamamoto CM
Bill Taylor 11/30/2020
(Resigned 3/29/17); (Replaced by R. Joe Schaffer)
2016 Dave Seltzer Bob Gannon (Resigned 3/15/17); (Replaced by Al
Jackson)
2015 Greg Higgins Dave Seltzer
2014 Bill Taylor Greg Higgins
Planning Commission Appt. Current Roster By
Chair Vice Chair Member Term end date 2018 Stephen Romero Sheran
Voigt RM Jerry Blum 11/30/2018
EG Michael Stover 11/30/2018 2017 Adam Eliason Stephen Romero PR
Stephen Romero 11/30/2018
CM Adam Eliason 11/30/2020 2016 Gary Larson Adam Eliason AB Sheran
Voigt 11/30/2020
(Resigned 5/17/17) (Appointed 6/28/16) (Replaced by Jerry
Blum)
2015 Stover, Michael Larson, Gary
2014 Karen Bristow Julie Allen
Public Works Commission Appt. Current Roster By
Chair Vice Chair Member Term end date 2018 Bill McDonnell Larry
Rovira RM Bob Goodwin 11/30/2018
EG Larry Rovira 11/30/2018 2017 Bob Goodwin Bill McDonnell PR
Vincent Jones 11/30/2018
CM Mike Kleczko 11/30/2020 2016 Vince Jones Bob Goodwin AB Bill
McDonnell 11/30/2020
2015 Mike Kleczko Vincent Jones
2014 Tom Boyd Debra Hernandez (Resigned 1/13/15) (Appointed
2/25/14)
(Resigned 12/9/14)
9_Warrant Registers
11_Amendment No. 1 to Agreement No. A2016-046 with Leatherman
BioConsulting, Inc.
Att1_A2016-046 A1
12_List of Qualified On-Call Traffic Counts and Data Collection
Consultants
13_Amendment No. 1 SAWA
Att2_Budget Resolution 19B035
15_Commission Chair_Vice Chair appointment