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A G E N D A
CHINO HILLS CITY COUNCIL
REGULAR MEETING
TUESDAY, FEBRUARY 28, 2017

5:30 P.M. CLOSED SESSION
7:00 P.M. PUBLIC MEETING/PUBLIC HEARINGS


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 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 EQUIPMENT WHILE COUNCIL IS IN SESSION. Thank you.


 
  CITY COUNCIL MEMBERS  
     
  RAY MARQUEZ, MAYOR  
  PETER ROGERS, VICE MAYOR  
  ART BENNETT  
  ED GRAHAM  
  CYNTHIA MORAN  
     
KONRADT BARTLAM MARK D. HENSLEY CHERYL BALZ
CITY MANAGER CITY ATTORNEY CITY CLERK
 
 
             
5:30 P.M. - CALL TO ORDER
 
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 SESSION

CLOSED SESSION
 
2.   Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) Existing Litigation (5 cases):
 
a).  John Reis, an individual v. City of Chino Hills, a Municipality; Time Warner NY Cable, LLC, a Delaware Limited Liability Company; Pauley Construction, an entity of unknown form; and Does 1 through 75, inclusive - San Bernardino County Superior Court Case No. CIVRS 1013457 

b).  James J. Caswell, an individual v. Trasia Group, Inc., a California Corporation; City of Chino Hills, a public entity; and Does 1 through 20, inclusive - San Bernardino County Superior Court Case No. CIVDS 1500819

c).  Binita Patel, an individual, et. al. v. Daniel J. Eichmann, an individual; City of Chino Hills, a public entity; County of San Bernardino, a public entity; and Does 1 through 50 inclusive - San Bernardino County Superior Court Case No. CIVDS 1504718

d).  Evelyn Wallace, an individual v. City of Chino Hills, a public entity; and Does 1 to 50 inclusive - San Bernardino County Superior Court Case No. CIVDS 1511692

e).  (Heirs of) Michael Cole, an individual v. City of Chino Hills, a public entity; and Does 1 to 500 inclusive - San Bernardino County Superior Court Case No. CIVDS 1505641
 
3.   Conference with real property negotiators, pursuant to Government Code Section 54956.8, relating to status update of Peyton Drive/Eucalyptus Avenue project
 
4.   Public Employment Performance Evaluation pursuant to Government Code Section 54957 - City Manager
 
5.   Conference with Labor Negotiator pursuant to Government Code Section 54957.6 regarding City Manager (unrepresented employee) - City Attorney, City’s Negotiator
 
6.   Public Employment Performance Evaluation pursuant to Government Code Section 54957 - City Clerk
 
7:00 P.M. - CONVENE MEETING / ROLL CALL
 
PLEDGE OF ALLEGIANCE TO THE FLAG
 
INVOCATION: Pastor Lin Wells, Calvary Chapel Chino Hills
 
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION
 
PRESENTATIONS
 
7.   PROCLAMATION - Proclaiming the March 4, 2017 as Human Trafficking Awareness Day
 
8.   INTRODUCTION - New Employee: Introduction of the following new employee:  Matthew Garduno, Maintenance Worker I, Public Works Department
 
9.   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.
 
CITY DEPARTMENT BUSINESS
 
CONSENT CALENDAR (8) 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.
 
10.   Receive and file City Official Reports pursuant to Travel, Training and Meetings Reimbursement Policy for period of January 25 through February 14, 2017
 
11.   Approve Warrant Registers for period of February 2 through February 15, 2017 in amount of $1,572,876.98
 
12.   Introduce an Ordinance entitled: An Ordinance of the City Council of the City of Chino Hills, California, Amending Chapter 8.16 of the City of Chino Hills Municipal Code by adopting by reference the 2016 Edition of the California Fire Code with Errata, together with those portions of the 2015 International Fire Code was published by the International Code Council, including Appendix Chapters 4, B, BB, D, F, G, H, I, J, and N not included in the 2016 California Fire Code, collectively referred to as the "Fire Code" and with the additions, insertions, deletions, and changes prescribed in this chapter, regulating and governing the safeguarding of life and property from fire and explosion hazards, hazardous materials arising from the storage, handling and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees; and each and all of the regulations, provisions, penalties, conditions, and terms of said Fire Code on file in the Office of the Clerk of the City of Chino Hills are referred to, adopted, and made part hereof; and finding the Ordinance is exempt under California Environmental Quality Act - For first reading by title only - Waive further reading, and set a Public Hearing to consider adoption for March 14, 2017
 
13.   Adopt an Ordinance entitled: An Ordinance of the City Council of the City of Chino Hills, California (Municipal Code Amendment No. 17MCA01) to amend Chapter 16.02.250 of the Municipal Code Relative to Definitions of Marijuana Uses, Amend Appendix A of the Municipal Code Relative to Marijuana Related Uses, and Add Chapter 16.92 to the Municipal Code to Prohibit Specific Outdoor and Commercial Marijuana-Related Uses and Activities in all Zoning Districts of the City, and finding Municipal Code Amendment 17MCA01 exempt from review under the California Environmental Quality Act - Second Reading (Introduced February 14, 2017)
 
14.   Authorize notice to publish unclaimed monies held by City of Chino Hills in Trust Deposit Account for three or more years
 
15.   Receive, review and file quarterly budget program review, approve appropriation budget amendments, and changes to Capital Improvement Program
 
16.   Adopt a Resolution appointing Benjamin Montgomery, Assistant City Manager, as Interim City Treasurer, and authorizing the investment of funds in the State of California Local Agency Investment Fund, Los Angeles County pooled Investment Fund, and US Bank, The Custodial Bank for Chandler Asset Management (Appointment Effective April 1, 2017)
 
17.   Authorize execution of Professional Services Agreements with AKM Consulting Engineers and Stantec Consulting, Inc. in amount not-to-exceed $120,000 annually, for on-call Engineering Services
 
PLANNING COMMISSION MATTERS - This portion of the City Council Agenda is for matters from the February 21, 2017 Planning Commission Meeting. No action is required unless two members of the City Council wish to request a review of the matter, in accordance with Section 16.58.070 of the Chino Hills Municipal Code. Expiration of the public appeal period on Planning Commission Item 18 is March 7, 2017, 5:30 p.m.
 
18.   Custom Home Design Review No. 439 - 2232 Monteclaro Drive, Kuochih Sung, Applicant: Adopted a Resolution approving the construction of a 1,308 square foot, two-story addition to an existing 1,792-square foot two-story, single-family detached residence with a 560-square foot, three-car attached garage and determining that the project is exempt from review under the California Environmental Quality Act based on the findings of facts and subject to Conditions of Approval
 
PUBLIC HEARING - This portion of the City Council Agenda is for all matters that legally require an opportunity for public input. Individual audience participation is encouraged and is limited to three minutes. Please complete and submit a speaker card to the City Clerk.
 
19.   Conduct Public Hearing, and adopt a Resolution to adopt a traffic impact fee for new development within the City and determine this Resolution is exempt from review under the California Environmental Quality Act (Staff recommends that this item be continued to the March 14, 2017 City Council Meeting)
 
20.   Conduct Public Hearing, provide policy direction for allocating a percentage of Community Development Block Grant (CDBG) funds to public service projects, and choose public services projects to allocate CDBG funds
 
PUBLIC INFORMATION OFFICER REPORT
 
SAFETY UPDATES - Police and Fire (if any)
 
COUNCIL REPORTS

California Institution of Men - Mayor Marquez

Chino Valley Unified School District - Council Member Moran
 
COUNCIL COMMENTS
 
ADJOURN IN MEMORIAM AND IN HOPE:  Adjourn in memory of Whittier, California, Police Officer Keith Wayne Boyer, who passed away in the line of duty at the age of 53 on February 20, 2017
 
ADJOURNMENT:
 
 

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