a g e n d a - chino hills, california

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
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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.
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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.
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.
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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)
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• 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
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
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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.
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.
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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; freestanding)
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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“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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Page 10 of 12
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
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.
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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.
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.
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/
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.
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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)
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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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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)
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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

a g e n d a - chino hills, california

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