Agenda

A G E N D A
CHINO HILLS CITY COUNCIL
REGULAR MEETING
TUESDAY, DECEMBER 10, 2024

6:00 P.M. PUBLIC MEETING

CIVIC CENTER, CITY COUNCIL CHAMBERS
14000 CITY CENTER DRIVE, CHINO HILLS, CALIFORNIA

	CITY COUNCIL MEMBERS

	ART BENNETT, MAYOR
	BRIAN JOHSZ, VICE MAYOR
	RAY MARQUEZ
	CYNTHIA MORAN
	PETER J. ROGERS

BENJAMIN MONTGOMERY	MARK D. HENSLEY	CHERYL BALZ
CITY MANAGER	CITY ATTORNEY	CITY CLERK

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 while the meeting is in session, and on the City's website at www.chinohills.org/Agendas. 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 the Council meeting, please contact the City Clerk's Office, (909) 364-2620, at least 48 hours prior to the meeting to enable the City to make reasonable arrangements. Click here to view the City's Reasonable Accommodation Policy or contact the City Clerk's office to obtain a copy.

Emails and documents submitted will be considered a public document subject to posting on the City's website and are subject to the Public Records Act.

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" card 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. All public comments must address matters within the subject matter jurisdiction of the City Council, which is considered "City business."

"City business" includes matters over which the City has been granted authority pursuant to state law, subject to state and federal legal and constitutional limitations. These matters include the construction, maintenance and repair of streets, parks and public facilities; providing water, sewer and trash services; providing recreation services and programs; overseeing land development except to the extent the City's authority has been pre-empted by federal and state law; providing public safety services, including police and fire/paramedic services which the City does by contracting with the San Bernardino County Sheriff's Department and working with the Chino Valley Fire District and through its own code enforcement personnel; imposing regulations over conduct and activities in the City to protect the health, safety and welfare of the community; and the City also has the right to hire and manage personnel, the responsibility to maintain public records and the authority to impose fees and taxes and provide the financial services necessary to provide the above services.

Levine Act Disclosure: Parties to a proceeding are required to disclose if they made contributions over $250 within the prior 12 months to a Council Member. If a Council Member accepted more than $250 during the 12 months preceding the decision, the Council Member is required to recuse themself from the decision. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a Council Member for the 12 months after the final decision is rendered on the proceeding. The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

PLEASE SILENCE ALL ELECTRONIC DEVICES WHILE COUNCIL IS IN SESSION. Thank you.


6:00 P.M. - CONVENE MEETING / ROLL CALL

PLEDGE OF ALLEGIANCE TO THE FLAG

INVOCATION: Calvary Chapel Chino Hills

	1.	NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION: Adopt a Resolution reciting the fact of the General Municipal Election held on November 5, 2024, declaring the result and such other matters as provided by law

	2.	OATH OF OFFICE - Administration of the Oath of Office to Art Bennett (District 3) and Cynthia Moran (District 5) for terms ending November 30, 2028

PRESENTATIONS

	3.	INTRODUCTION - New Employee: Jenny Tran, Payroll Analyst, Finance Department

	4.	OUTGOING MAYOR - Presentation to outgoing Mayor Cynthia Moran for her dedicated service as Mayor from December 1, 2023, through November 30, 2024

	5.	CHINO VALLEY COMMUNITY CHORUS - Performance of holiday music

RECESS TO HOLIDAY RECEPTION

PUBLIC INFORMATION OFFICER REPORT

PUBLIC COMMENTS - AGENDIZED ITEMS

	6.	PUBLIC COMMENTS: At this time members of the public may address the City Council regarding any item appearing on the agenda, except that testimony on Public Hearing items must be provided during those hearings. Those persons wishing to address the City Council are requested to complete and submit to the Deputy City Clerk a "Request to Speak" card available at the entrance to the City Council Chambers. Comments will be limited to three minutes per speaker.

CONFLICT OF INTEREST / LEVINE ACT ANNOUNCEMENTS: Council Member abstentions or disclosures shall be stated at this time for recordation on the appropriate item.

CITY DEPARTMENT BUSINESS

CONSENT CALENDAR (13 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.

	7.	Approve November 26, 2024, City Council Meeting Minutes

	8.	Receive and file Monthly Financial Report for month ended October 31, 2024

	9.	Ratify payments over $25,000 totaling $7,334,540.52 for month ended October 31, 2024

	10.	Adopt ordinance prohibiting e-bikes and motorized scooters on sidewalks entitled: “An Ordinance of the City of Chino Hills, Adding Chapter 10.40 (E-bikes and Motorized Scooters Prohibited on Sidewalks) to the Chino Hills Municipal Code and Finding the Same to Be Exempt From the Provisions of the California Environmental Quality Act” for second reading (Introduced on November 26, 2024)

	11.	Adopt ordinance defining Government Center areas and placing limits on public access to any property owned or controlled by City entitled: “An Ordinance of the City of Chino Hills, Amending Chapter 12.46 (Regulation of Government Center Parking Facilities) to define Government Center Areas and Adding Chapter 12.48 (Closure of Government Center Grounds During Overnight Hours) to the Chino Hills Municipal Code and Finding the Same to be Exempt From the Provisions of the California Environmental Quality Act” for second reading (Introduced on November 26, 2024)

	12.	Appropriate $40,589.91 from General Fund and authorize execution of one-year agreement with City of Chino, Chino Valley Unified School District, and All City Management Services, Inc., with two additional one-year renewal options for total contract amount not-to-exceed $184,789.91 to provide crossing guard services at CVUSD elementary sites

	13.	Appropriate $250,000 in Miscellaneous Grant Fund and authorize City Manager to execute two-year grant agreement with County of San Bernardino for funds provided by County to City in amount not-to-exceed $250,000 for Chino Hills Community Park Improvements Project

	14.	Appropriate $130,000 from General Fund and authorize execution of Amendment No. 3 to Agreement No. A2024-061 with 4LEAF Inc., increasing total not-to-exceed amount to $223,250 for contract building inspection and plan check services

	15.	Adopt resolution designating Planning Commission as hearing body for purposes of Chino Hills Municipal Code Chapter 16.82 (Nonconforming Uses and Structures) and determining project exempt from review under California Environmental Quality Act

	16.	Approve Annual Comprehensive Financial Report for Fiscal Year ended June 30, 2024, ratifying budgeted payrolls and demands paid by warrants, in form of the audited report

	17.	Adopt schedule attached as Section 4 of Annual Development Impact Fee Financial Report confirming that Parkland (Quimby in-lieu) Fee is committed to partially funding new Community Center and Splash Pads at Pinehurst Park; and adopt resolution making five-year findings for unexpended development fees (Soquel Canyon Parkway and Pipeline Avenue Traffic Signal Fee, Existing Infrastructure Fee, Protected Tree Replacement Fees, Fairfield Ranch Road Mitigation Fee Fund and Carbon Canyon Road and Canyon Hills Road Traffic Signal Mitigation Fee Fund) in accordance with California Government Code Section 66001, Subsection (d), and reviewing and accepting Annual Development Impact Fee Financial Report for Fiscal Year 2023-24 and finding that actions proposed in resolution are not projects under California Environmental Quality Act


	18.	Find proposed project at Hickory Creek Nature Park to remove 54 dead and declining Eucalyptus trees and replace them with 66 Native Trees is exempt under California Environmental Quality Act; adopt resolution approving application for grant funds for Environmental Enhancement and Mitigation Program (EEM) for Hickory Creek Nature Park Grant Project; appointing City Manager, or designee, as agent to conduct all negotiations, execute, and submit all documents necessary for completion of project and certifying that City will have sufficient funds to complete and maintain project, will comply with all laws and with all state planning priorities

	19.	Authorize execution of Amendment No. 2 to Agreement No. A2023-125 with Onward Engineering increasing total agreement not-to-exceed amount to $156,504 for additional engineering design services for Ramona Avenue Water Main Replacement Project and authorize City Manager, at his discretion, to approve cumulative amendments up to ten percent ($15,650.40) of awarded agreement amount

DISCUSSION CALENDAR - This portion of the City Council Agenda is for all matters where staff and public participation is anticipated. Please complete and submit a speaker card to the City Clerk. Comments will be limited to three minutes per speaker.

	20.	Adopt resolution adopting 2024 Conflict of Interest Code in accordance with Political Reform Act to reflect changes occurring since last biennial review in 2022

	21.	Introduce ordinance authorizing electronic and paperless filings of Campaign Disclosure Statements and Statement of Economic Interests forms entitled: "An Ordinance of the City of Chino Hills, Adding Chapter 2.50 (Electronic Filing of Statements Required by the Political Reform Act) to Title 2 (Administration and Personnel) of the Chino Hills Municipal Code Requiring Electronic and Paperless Filings of the Fair Political Practices Commission Campaign Disclosure Statements and Statement of Economic Interests Forms" for first reading by title only and waiving further reading

	22.	Approve update to Administrative Policies and Procedures Manual Section 1.4 - Guidelines for All Public Meetings to include definition of Subject Matter Jurisdiction, revise Public Comments section, expand Speaker Card section, define City Attorney role, and add Signs section to Policy

	23.	Authorize City Manager to negotiate, revise as appropriate and execute Exclusive Negotiating Agreement with C&C Development or with Related California to begin entitlement activities for 50-unit Affordable Senior Housing Development on property located at southwest corner of Peyton Drive and Eucalyptus Avenue (APN 1032-221-05) substantially in form attached to written staff report, subject to approval as to form by City Attorney

ITEMS INITIATED BY COUNCIL

	24.	Assign Council Members to various Committees/Commissions/Board

PUBLIC COMMENTS - NON-AGENDIZED ITEMS

	25.	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 that do not appear on the agenda. Please complete and submit to the Deputy City Clerk a "Request to Speak" card. Comments will be limited to three minutes per speaker.

SAFETY UPDATES - Fire and Police

CITY MANAGER UPDATES

COUNCIL REPORTS Vice Mayor Johsz Omnitrans Board West Valley Mosquito and Vector Control District Board Council Member Marquez San Bernardino County Transportation Authority Board Council Member Moran California Institution for Men and Women’s Advisory Committees Council Member Rogers Chino Desalter Authority Board

COUNCIL COMMENTS

ADJOURN IN MEMORIAM AND IN HOPE: Adjourn with deep gratitude, respect, and appreciation for the brave individuals who serve and have served in the Armed Forces. Their selfless contributions protect us all. May we as a community continue to support and honor them.


City Council Regular		1.
Meeting Date:	12/10/2024

SUBJECT:
DECLARATION OF THE RESULT OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 5, 2024
RECOMMENDATION:
Adopt a Resolution entitled: A RESOLUTION OF THE CITY OF CHINO HILLS, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
BACKGROUND/ANALYSIS:
A General Municipal Election to elect two City Council Members for Districts 3 and 5 for full four-year terms was held on November 5, 2024. In accordance with Section 10263 of the Elections Code, the City Council is required to adopt a resolution declaring the results of the City's General Municipal Election. The proposed resolution must recite the number of total ballots cast in the City and the number of votes cast for each candidate, as canvassed and certified by the Registrar of Voters. The canvass indicates that Art Bennett and Cynthia Moran were elected as Members of the City Council for Districts 3 and 5, respectively, for terms ending in November 2028. The proposed Resolution contains the whole number of ballots cast in the City, the names of the persons voted for, for what office each person was voted for, the number of votes given in each precinct to each person, and the total number of votes given to each person.
ENVIRONMENTAL (CEQA) REVIEW:
This proposed action is not subject to 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:
There is no fiscal impact with this item.
REVIEWED BY OTHERS:
This item has been reviewed by the City Manager, Finance Director, and City Attorney.
LEVINE ACT DETERMINATION:
This item is NOT subject to the Levine Act.

Attachments
Resolution
Exhibit A


City Council Regular		7.
Meeting Date:	12/10/2024

SUBJECT:
Approve November 26, 2024, City Council Meeting Minutes

Attachments
Draft 11-26-2024 City Council Meeting Minutes


City Council Regular		8.
Meeting Date:	12/10/2024

SUBJECT:
MONTHLY FINANCIAL REPORT
RECOMMENDATION:
Receive and file the Monthly Financial Report for October 2024.
BACKGROUND/ANALYSIS:
This report provides an update on the City's financial status as of October 31, 2024. The financial data is reported on a cash basis, meaning we record revenue when we actually receive the money, and we record expenses when we make payments. Revenues in the General Fund come in at different times throughout the year, with most of the money coming in during the last six months of the fiscal year. On the other hand, we have monthly expenses that need to be paid regardless of when the revenue arrives. This is why it's crucial to keep a reserve to manage cash flow during the slower months. At the end of the fiscal year, we switch to an accrual basis of accounting. This means we account for revenue that was earned and expenses that were incurred during the year, even if the cash was received or paid in July or August. This aligns with Generally Accepted Accounting Principles (GAAP), which help ensure that financial transactions are matched to the correct period. Please note that this report does not include certain accounting adjustments required by the Governmental Accounting Standards Board (GASB), such as adjustments to reflect the fair market value of investments. These adjustments, which don't involve actual cash transactions, are mainly for year-end financial statement purposes.
ENVIRONMENTAL (CEQA) REVIEW:
This proposed action is not subject to 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:
There is no fiscal impact with this item.
LEVINE ACT DETERMINATION:
This item is NOT subject to the Levine Act.

Attachments
October 2024 Financial Report


City Council Regular		9.
Meeting Date:	12/10/2024

SUBJECT:
PAYMENT REGISTER
RECOMMENDATION:
Ratify payments over $25,000 totaling $7,334,540.52 for the month of October 2024.
BACKGROUND/ANALYSIS:
A listing of payments over $25,000 is being submitted to the City Council for review and ratification. The payments may include the following types: wire, automatic clearing house (ACH), electronic funds transfer (EFT) and paper check. Wires and ACH payments have a four-digit number, EFT payments have a six-digit number starting with a "1" and paper checks have a six-digit number starting with a "4". During the month of October 2024, payments in excess of $25,000 have been issued totaling $7,334,540.52 (see attached).
ENVIRONMENTAL (CEQA) REVIEW:
This proposed action is not subject to 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 budgeted expenditures.
LEVINE ACT DETERMINATION:
This item is NOT subject to the Levine Act.

Attachments
Payments over $25,000


City Council Regular		10.
Meeting Date:	12/10/2024

SUBJECT:
Adopt Ordinance prohibiting E-bikes and Motorized Scooters on sidewalks entitled: “An Ordinance of the City of Chino Hills, Adding Chapter 10.40 (E-bikes and Motorized Scooters Prohibited on Sidewalks) for the Chino Hills Municipal Code and Finding the Same to Be Exempt From the Provisions of the California Environmental Quality Act” (Introduced on November 26, 2024)

Attachments
Ordinance


City Council Regular		11.
Meeting Date:	12/10/2024

SUBJECT:
Adopt Ordinance defining Government Center areas and placing limits on public access to any property owned or controlled by City entitled: “An Ordinance of the City of Chino Hills, Amending Chapter 12.46 (Regulation of Government Center Parking Facilities) to define Government Center Areas and Adding Chapter 12.48 (Closure of Government Center Grounds During Overnight Hours) to the Chino Hills Municipal Code and Finding the Same to be Exempt From the Provisions of California Environmental Quality Act” (Introduced on November 26, 2024)

Attachments
Ordinance


City Council Regular		12.
Meeting Date:	12/10/2024

SUBJECT:
CROSSING GUARD SERVICES AGREEMENT FOR FISCAL YEAR 2024-25
RECOMMENDATION:
Appropriate $40,589.91 from the General Fund. Authorize the execution of a one-year agreement with two additional one-year renewal options between the City of Chino Hills, the City of Chino, Chino Valley Unified School District (CVUSD), and All City Management Services, Inc. (ACMS) to provide crossing guard services for a total contract amount not-to-exceed $184,789.91.
BACKGROUND/ANALYSIS:
ACMS provides students with safe access to and from school sites by providing at least three hours of crossing guard services each school day at CVUSD elementary sites. CVUSD is the contract administrator and primary liaison between ACMS, the City of Chino Hills, and the City of Chino. CVUSD is responsible for ensuring ACMS is in compliance will all terms of this Agreement. The cost of the Crossing Guard Services Agreement for the regular school year is divided amongst the participating agencies. CVUSD is responsible for 33.33% of the total cost and Chino Hills and Chino divide the remaining costs on a pro-rata share of the total cost. For the regular 2024-25 school year Chino Hills' pro-rata cost is $184,789.91 and a total of 7,560 hours of crossing guard services will be provided by ACMS to schools in Chino Hills. The agreement, the scope of services (Exhibit A), and a rate for cost summary of the contract pro-rata split (Exhibit “B”) are attached. The billable hourly rate for crossing guard services provided in this agreement is $32.78, which represents an 11% increase over last year. CVUSD invoices the City on a quarterly basis for the cost of the program. Staff is recommending approval of a one-year agreement with an effective date of August 5, 2024. Staff is asking for an additional appropriation of $40,589.91 to cover the cost of the FY 2024-25 agreement.
ENVIRONMENTAL (CEQA) REVIEW:
This proposed action is not subject to 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 proposed budget amendment will increase the General Fund City Manager's Administration expenditure budget by $40,589.91.
REVIEWED BY OTHERS:
This item has been reviewed by the Finance Director.
LEVINE ACT DETERMINATION:
This items is subject to the Levine Act.

Attachments
Agreement


City Council Regular		13.
Meeting Date:	12/10/2024

SUBJECT:
AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR CHINO HILLS COMMUNITY PARK IMPROVEMENTS PROJECT
RECOMMENDATION:
Appropriate $250,000 in the Miscellaneous Grant Fund Authorize the City Manager to execute a two-year grant agreement with the County of San Bernardino for the Chino Hills Community Park Improvements project for funds provided by the County in an amount not-to-exceed $250,000.
BACKGROUND/ANALYSIS:
In November, City staff submitted a proposal to Supervisor Curt Hagman’s Office requesting County support for two Community Park Improvement Projects: the expansion of the parking lot and the restoration and expansion of the V-ditch drainage system. The scope specifically includes: Parking Lot Expansion The addition of 84 parking spaces to the existing parking lot by paving the grass area located at the southwest corner of the park near the Eucalyptus Loop trailhead. Demolition, excavation, grading, installation of electrical work/lighting, landscaping and irrigation, drainage system, construction of curb and gutter, sidewalk, installation of sub-base and asphalt pavement, striping and signage. Miscellaneous site improvements throughout the park which include repair of cracked/ broken concrete flatwork, sidewalk, curb and gutter, crack sealing, resurfacing the existing parking lot with slurry seal, re-striping and pavement markings. V-Ditch Replacement and Restoration Repair and replace the undermined sections of the V-ditch storm drain system to support drainage and protect the Park and sports fields from runoff at neighboring equestrian properties. Establish temporary construction access; excavation; clearing and grubbing; removal and/or replacement and restoration of existing concrete V-ditch; provide erosion control; compaction; reconstruction of drain inlet and storm drain lateral; construction of concrete slurry; re-compacting the slope; removal and replacement of fencing. Other repairs necessary to ensure stability of the existing concrete V-ditch and slope. Supervisor Curt Hagman has been very supportive of multiple projects in the City of Chino Hills. This $250,000 contribution to the Community Park Improvement Project will be a valuable contribution to the final phase. Staff is recommending City Council authorize the City Manager to execute the agreement with the County to obtain this grant funding.
ENVIRONMENTAL (CEQA) REVIEW:
At the August 13, 2024, City Council meeting, the V-ditch replacement and restoration project was determined to be exempt as a Class 2(c) Categorical Exemption (existing utility systems and/ or facilities involving negligible or no expansion of capacity), pursuant to Section 15302 of Guidelines for the California Environmental Quality Act of 1970, as amended, Public Resources Code section 21000 et seq. At the September 10, 2024, City Council meeting, the Community Park Improvements (Phase III – Expansion of Parking Lot and Site Improvements-Re-Bid) project was determined to be exempt as a Class 2(c) Categorical Exemption (existing utility systems and/or facilities involving negligible or no expansion of capacity), pursuant to Section 15302 of Guidelines for the California Environmental Quality Act of 1970, as amended, Public Resources Code section 21000 et seq.
FISCAL IMPACT:
The proposed budget amendment will increase the revenue and expenditure budget in the Miscellaneous Grants Fund by $250,000. There is a zero net effect on fund balance with this item. There is no impact on the General Fund with this item.
REVIEWED BY OTHERS:
This item has been reviewed by the City Attorney and the Finance Director.
LEVINE ACT DETERMINATION:
This item is subject to the Levine Act.

Attachments
Agreement


City Council Regular		14.
Meeting Date:	12/10/2024

SUBJECT:

AMENDMENT NO. 3 TO AGREEMENT NO. A2024-061 4LEAF INC.

RECOMMENDATION:

Appropriate $130,000 from the General Fund.
Authorize the execution of Amendment No. 3 to Agreement No. A2024-061 with 4LEAF Inc., increasing the total not-to-exceed amount from $93,250 to $223,250.

BACKGROUND/ANALYSIS:

On April 5, 2024, Professional Services Agreement A2024-061 was entered into with 4LEAF Inc., in the amount of $20,000 for contract building inspection and plan check services. On May 10, 2024, the City Manager approved Amendment No. 1 to provide part-time building inspection and plan check services through the end of the year with an additional contract amount of $27,000 ($47,000 total). On August 12, 2024, the City Council approved Amendment No. 2 to increase the contract amount to $93,250.

Building activity in the City has remained at relatively high levels during the current fiscal year, with revenues exceeding estimates because more building permits were issued (and thus fees received) than expected. As a result, contract services have been utilized to support staff in keeping pace with development and maintaining desired service levels. The funding allocated under Amendment No. 2 is expected to be nearly exhausted by January. To sustain service levels, staff recommends that the City Council authorize Amendment No. 3 to Agreement No. A2024-061, in the amount of $130,000, bringing the total agreement cost to a not-to-exceed amount of $223,250. This amendment would allow for the retention of a part-time contract Building Inspector through the end of June 2025, ensuring the necessary resources to meet customer expectations for timely inspections. The only change made to Exhibit B was to remove the total compensation cap on the Exhibit so that, if in the future further amendments are needed, only the compensation cap in the agreement must be revised and not the Exhibit.

It was determined that competitive bidding is not required for these services because 4LEAF, Inc. was pre-approved as a qualified "on-call" consultant by the City Council on August 8, 2023, after participating in a detailed Request For Qualifications process.

ENVIRONMENTAL (CEQA) REVIEW:

This proposed action is not subject to 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 proposed budget amendment will increase the General Fund Community Development’s Building Services expenditure budget by $130,000 and decrease the projected ending fund balance by $130,000. However, this increased budget is offset to some extent by the additional revenue received by the City in building permit fees.

REVIEWED BY OTHERS:

This item has been reviewed by the Finance Director and City Attorney.

LEVINE ACT DETERMINATION:

This item is subject to the Levine Act.

Attachments
Amendment No. 3


City Council Regular		15.
Meeting Date:	12/10/2024

SUBJECT:
DESIGNATING THE PLANNING COMMISSION AS THE HEARING BODY FOR PURPOSES OF CHINO HILLS MUNICIPAL CODE CHAPTER 16.82
RECOMMENDATION:
Adopt a Resolution entitled: A RESOLUTION OF THE CITY OF CHINO HILLS, DESIGNATING THE PLANNING COMMISSION AS THE HEARING BODY FOR PURPOSES OF CHINO HILLS MUNICIPAL CODE CHAPTER 16.82 (NONCONFORMING USES AND STRUCTURES) AND DETERMINING THE PROJECT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
BACKGROUND/ANALYSIS:
The regulations in Chino Hills Municipal Code (CHMC) Chapter 16.82 apply to all existing nonconforming uses and structures and to any uses or structures made nonconforming upon adoption of subsequent ordinances. CHMC Section 16.82.060, Subsection (A), provides that the City Council by resolution shall designate the hearing body for purposes of CHMC Chapter 16.82. The hearing body holds a public hearing when a property owner appeals the determination of the Community Development Director that the provisions of CHMC Chapter 16.82 apply to a given parcel of land and decides issues such as to whether the nonconformity should be abated or whether a time extension should be granted. An appeal under CHMC Chapter 16.82 was recently filed with the City. The City Clerk’s office has searched the City’s prior resolutions and did not find a resolution designating a hearing body pursuant to CHMC Section 16.82.060, Subsection (A). The Planning Commission is experienced in holding public hearings and hearing appeals of decisions made by the Community Development Director, so is ideally suited to this task. Therefore, City staff recommends that the City Council adopt the proposed resolution designating the Planning Commission as the hearing body for purposes of CHMC Chapter 16.82.
ENVIRONMENTAL (CEQA) REVIEW:
This proposed action is not subject to 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:
There is no fiscal impact related to this action.
REVIEWED BY OTHERS:
This item has been reviewed by the City Attorney.
LEVINE ACT DETERMINATION:
This item is NOT subject to the Levine Act.

Attachments
Resolution


City Council Regular		16.
Meeting Date:	12/10/2024

SUBJECT:
ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024
RECOMMENDATION:
Staff recommends that the City Council approve the Annual Comprehensive Financial Report for the fiscal year ended June 30, 2024, ratifying budgeted payrolls and demands paid by warrants, in the form of the audited report.
BACKGROUND/ANALYSIS:
Annually, the Finance Department prepares and publishes the City’s Annual Comprehensive Financial Report (ACFR) following the completion of an independent audit. The auditing firm of Lance, Soll and Lunghard, LLP conducted the audit for the year ended June 30, 2024, and has issued an unmodified opinion, the highest opinion given for financial statements. This opinion indicates that the financial statements represent fairly, in all material aspects, the financial position of the City in accordance with accounting principles generally accepted in the United States of America. Budgeted payrolls and demands paid by warrants or checks prior to audit by the City Council must be presented to the City Council for ratification and approval in the form of an audited Annual Comprehensive Financial Report, pursuant to California Government Code Section 37208(c) and Chino Hills Municipal Code Section 3.09.050.A. The ACFR is required to be completed and submitted to the City's bond insurer, if not posted on the Electronic Municipal Market Access (EMMA) website, each year by January 26th, which is 210 days after the fiscal year end (June 30th). This is a requirement of the bond indenture for the 2020 Community Facilities District (CFD) No. 10 bonds. Staff will fulfill this requirement after the ACFR is approved by the City Council. The Government Finance Officers Association of the United States and Canada (GFOA) sponsors an award program for excellence in financial reporting. The City has received the award of excellence since 1995. City staff believes the June 30, 2024, ACFR continues to maintain the high standards set by the GFOA and will be submitting this year's ACFR for evaluation under this esteemed program.
ENVIRONMENTAL (CEQA) REVIEW:
This proposed action is not subject to 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:
There is no fiscal impact with this item.
REVIEWED BY OTHERS:
This item has been reviewed by the City Attorney.
LEVINE ACT DETERMINATION:
This item is NOT subject to the Levine Act.

Attachments
Audit Communication Letter
Report on Internal Control
City of Chino Hills ACFR June 30, 2024


City Council Regular		17.
Meeting Date:	12/10/2024

SUBJECT:

ANNUAL DEVELOPMENT IMPACT FEE FINANCIAL REPORT FOR FISCAL YEAR 2023-24

RECOMMENDATION:

Adopt a schedule attached as Section 4 of the Annual Development Impact Fee Financial Report confirming that the Parkland (Quimby in-lieu) Fee is committed to partially funding the new Community Center and Splash Pads at Pinehurst Park.
Adopt a resolution entitled: A RESOLUTION OF THE CITY OF CHINO HILLS, MAKING FIVE-YEAR FINDINGS FOR UNEXPENDED DEVELOPMENT FEES (SOQUEL CANYON PARKWAY AND PIPELINE AVENUE TRAFFIC SIGNAL FEE, EXISTING INFRASTRUCTURE FEE, PROTECTED TREE REPLACEMENT FEES, FAIRFIELD RANCH ROAD MITIGATION FEE FUND AND CARBON CANYON ROAD AND CANYON HILLS ROAD TRAFFIC SIGNAL MITIGATION FEE FUND) IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 66001, SUBSECTION (d), AND REVIEWING AND ACCEPTING THE ANNUAL DEVELOPMENT IMPACT FEE FINANCIAL REPORT FOR FISCAL YEAR 2023-24 AND FINDING THAT THE ACTIONS PROPOSED IN THIS RESOLUTION ARE NOT PROJECTS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

BACKGROUND/ANALYSIS:

Annual Development Impact Fee Financial Report

In accordance with Government Code Section 66006(b), the City is required to, within 180 days after the last day of each fiscal year, make certain information regarding Development Impact Fee Funds available to the public. The City Council must review the information made available to the public at the next regularly scheduled public meeting not less than 15 days after this information is made available to the public. The Annual Development Impact Fee Financial Report (Report) provides the information described in Government Code Section 66006(b), and has been on file for public viewing in the City Clerk’s Office and the Finance Department since November 25, 2024.

Government Code Sections 66001(e) and 66006(b) require that the City identify an approximate date by which the construction of the public improvement will be commenced if sufficient funds in Development Fee funds have been collected to complete financing on incomplete public improvements identified in the Capital Improvement Program, General Plan, a Specific Plan, or other public documents, and the public improvements remain incomplete within 180 days of the determination that sufficient funds have been collected, or refund the unexpected portion of the fees. Section 3 of the Report illustrates the current and future capital projects as of June 30, 2024. All funds collected have been committed to capital improvement projects as set forth in the Development Impact Fee Program Evaluation prepared by David Taussig & Associates, Inc., the Traffic Impact Fee Nexus Study prepared by Iteris, Inc., the Capital Improvement Program, General Plan, a Specific Plan, or other public documents, other similar studies, and the adopted budget.

Parkland (Quimby in-lieu) Fee Fund
Government Code Section 66477(a)(6)(A)(i) requires the City to develop a schedule specifying how, when, and where it will use the Parkland (Quimby in-lieu) land or fees, or both, to develop park or recreational facilities to serve the residents of the subdivision. Any fees collected under Ordinance No. 66 (the City's Quimby Fee Ordinance) shall be committed within five years after the payment of the fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, the fees must be distributed to the record owners of the subdivision. The proposed schedule attached as Section 4 of the Annual Development Impact Fee Financial Report confirms that the Parkland (Quimby in-lieu) Fee is committed to partially funding the new Community Center and Splash Pads at Pinehurst Park.

Development Fee Category	Fund Balance as of 06/30/24	Portion Held for More Than Five Years
Parkland (Quimby in-lieu)	$129,923	$0

Five-Year Findings
Among the procedural requirements mandated by the Mitigation Fee Act is a requirement in Government Code Section 66001(d) that beginning with the fifth fiscal year following deposit of development fees into a designated account, and each fifth fiscal year thereafter, the City make specified findings regarding any portion of the fees, if any, that remain unexpended, whether committed or uncommitted. A portion of the fees currently deposited in the Traffic Signal, Existing Infrastructure, Protected Tree Replacement, and Mitigation Fee Funds were collected over five years ago and remain unexpended, and therefore the City must make the findings required by Government Code Section 66001(d) for such unexpended funds for the fiscal year ending June 30, 2024.

1) Traffic Signal Fee

The purpose of these mitigation fees is to install a traffic signal at Soquel Canyon Parkway and Pipeline Avenue.
There continues to be a reasonable relationship between these mitigation fees and the traffic signal installation at Soquel Canyon Parkway and Pipeline Avenue project.
The other sources of funding for this project will likely come from future development.
The Traffic Signal at Soquel Canyon Parkway and Pipeline Avenue project is expected to begin once sufficient funds have been deposited and we anticipate the project will be completed in the year 2028.

2. Existing Infrastructure Fee

The purpose of the $898,445 Soquel Fee portion of the EIF is to construct Soquel Canyon Road past its current terminus approximately one-third mile west of Pipeline Avenue.
There continues to be a reasonable relationship between these mitigation fees and the construction of Soquel Canyon Road; due to the changes in the General Plan, the alignment for Soquel Canyon Road has changed so that instead of Soquel Canyon Road extending to the City limits as it borders the City of Brea as originally planned when the Chino Hills Specific Plan was adopted in 1982, it is currently planned to travel to a shorter distance from its current westerly terminus to Peyton Drive to fill a gap in the circulation network and to provide an alternative to Pipeline Drive for north-south travel as explained in the 2015 General Plan.
The other sources of funding for this project will likely come from developers of the Assessor Parcel Map Nos. (APNs) 101725114 and 101725109 which are owned by GGF LLC and Galstian Family Trust, respectively, from Traffic Facilities Fees and potentially from grant monies.
The completion of Soquel Canyon Road is dependent on the timing of development of APNs 101725114 and 101725109 but will likely be completed in the year 2030.

(The City Council made five-year findings for the portion of the EIF designated for the repayment of developer debt obligations which remain unexpended in 2022 in Resolution No. 2022R- 106.)

3. Protected Tree Replacement Fee

The purpose of the Protected Tree Replacement Fee is to fund tree replacement if a tree is destroyed in the process of construction and cannot be replaced by the developer/homeowner. A Tree Planting project in the Fairfield Ranch Neighborhood, near Danbury Park, is planned for the existing funds.
There continues to be a reasonable relationship between the Protected Tree Replacement Fee and the projects planned for replacement of these trees because the trees planted with the fees mitigate the impact to the trees destroyed for new development. The mitigation fee includes the cost of purchasing and installing the replacement trees and appropriate irrigation.
The only source of funding for tree replacement is the Protected Tree Replacement Fees.
The next protected tree project, that will replace all of the trees destroyed to date in development that have not already been replaced, is expected to be completed in the year 2025. Sufficient funds have been deposited to complete this project.

4. Mitigation Fee
With regards to the $95,670 of the Mitigation Fee Fund designated to reconstruct Fairfield Ranch Road which remains unexpended, the City Council makes the following findings:

The purpose of these mitigation fees is to reconstruct Fairfield Ranch Road.
There continues to be a reasonable relationship between these mitigation fees and the reconstruction of Fairfield Ranch Road.
The other sources of funding for this project will likely come from Gas Tax, Measure I, and Community Facilities District No. 5 funds.
The reconstruction of Fairfield Ranch Road is dependent on the speed of the Pine Avenue Extension project, which is being led by the City of Chino, but will likely be completed in the year 2035.

With regards to the $300,000 of the Mitigation Fee Fund designated for traffic improvements at the intersection of Chino Hills Parkway and Eucalyptus which remains unexpended, the City Council makes the following findings:

The purpose of these mitigation fees is to make traffic improvements at the intersection of Chino Hills Parkway and Eucalyptus.
There continues to be a reasonable relationship between these mitigation fees and the traffic improvements at the intersection of Chino Hills Parkway and Eucalyptus.
The other sources for funding for this project will likely come from Gas Tax and Measure I funds.
Traffic improvements at the intersection of Chino Hills Parkway and Eucalyptus is dependent on the speed of future development but will likely be completed in the year 2030.

With regards to the $50,570 of the Mitigation Fee Fund designated for the installation of a traffic signal at Carbon Canyon Road and Canyon Hills Road which remains unexpended, the City Council makes the following findings:

The purpose of these mitigation fees is to install a traffic signal at Carbon Canyon Road and Canyon Hills Road.
There continues to be a reasonable relationship between these mitigation fees and the installation of a traffic signal at Carbon Canyon Road and Canyon Hills Road.
The other sources of funding for this project will likely come from the developer of the Serenity Grove development.
The installation of a traffic signal at Carbon Canyon Road and Canyon Hills Road is dependent on the speed of the Serenity Grove development, but will likely be completed in the year 2029.

NOTICE:
Notice of the Report (in draft form) and of the meeting was provided to the San Bernardino County Chapter of the Building Industry Association of Southern California, Inc., the Desert Valleys Builders Association, Southern California Edison, and Southern California Gas Company at least 15 days prior to the meeting.

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:

There is no fiscal impact with this item.

REVIEWED BY OTHERS:

This agenda item has been reviewed by the City Attorney, the Community Development Director, and the Engineering Manager.

LEVINE ACT DETERMINATION:

This item is NOT subject to the Levine Act.

Attachments
FY 2023-24 Annual Development Impact Fee Financial Report
Resolution


City Council Regular		18.
Meeting Date:	12/10/2024

SUBJECT:
APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM FOR HICKORY CREEK NATURE PARK
RECOMMENDATION:
Find that the proposed project at Hickory Creek Nature Park to remove 54 dead and declining Eucalyptus trees and replace them with 66 Native Trees is exempt under the California Environmental Quality Act. Adopt a resolution entitled: A RESOLUTION OF THE CITY OF CHINO HILLS, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM (EEM) FOR HICKORY CREEK NATURE PARK GRANT PROJECT, which also appoints the City Manager, or designee, as an agent to conduct all negotiations, execute, and submit all documents necessary for the completion of the project, and certifies that the City will have sufficient funds to complete and maintain the project, and will comply with all laws and with all state planning priorities.
BACKGROUND/ANALYSIS:
The Public Works Department staff recently applied for grant funds for the Environmental Enhancement and Mitigation Program (EEMP). Acceptance of the submittal is contingent upon City Council approval of the attached resolution which commits the City to signing the grant agreement and carrying out the project if the funds are awarded. Specifically, the Resolution appoints the City Manager, or designee, as agent to conduct all negotiations and execute and submit all necessary documents, approves the filing of the application, and certifies that: The City understands the assurances and certifications in the application; The City will have sufficient funds to operate and maintain the project as required; The City will comply with prevailing wage law; The project will comply with all laws; and The City will comply with all state planning priorities, which are intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety in the state. In previous years, the same EEMP grant was awarded to the City for the removal and replacement of trees at Hollow Run Nature Park, Eucalyptus Nature Park, and Strickling Nature Park. The proposed EEMP project will improve the City's urban forest by removing 54 dead and declining Eucalyptus trees and replacing them with 66 native trees at Hickory Creek Nature Park. The proposed project area is less than 5.0 acres and the majority of the native trees will be planted south of the paved walking trail. Replacing the declining trees will help meet California's Greenhouse Gas (GHG) emission reduction targets by planting trees that absorb GHG emissions and enhance habitats for birds and wildlife, particularly for the Least Bell's Vireo, listed as an endangered species. Any disturbance or removal of existing trees will be conducted outside of nesting bird season as confirmed by a Qualified Biologist or following confirmation from nest surveys conducted by a Qualified Biologist that no nests are present. If awarded the grant, the City will receive $214,232. The City’s local match would be $20,250.
ENVIRONMENTAL (CEQA) REVIEW:
The proposed project is categorically exempt (Class 1) from the provisions of the California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of Regulations §15301 (h) as a Class 1 categorical exemption (Existing Facilities) because it involves the maintenance of existing landscaping and native growth. The proposed project is also categorically exempt (Class 33) pursuant to §15333 (a), (b), (c), and (d)(1) as a Class 33 categorical exemption (Small Habitat Restoration Projects) because the total work area is less than five acres and: (a) there would be no significant adverse impact on endangered, rare or threatened species or their habitat pursuant to Section 15065 because disturbance or removal of existing trees will occur during non-nesting season as confirmed by a qualified biologist or following confirmation from nest surveys conducted by a qualified biologist that no nests are present; (b) There are no hazardous materials at or around the project site that may be disturbed or removed, (c) The project will not result in impacts that are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects, and (d)(1) the project would revegetate a disturbed areas with native plant species by removing declining Eucalyptus trees and replacing them with native trees which will enhance habitats for birds and wildlife, particularly for the Least Bell's Vireo, listed as an endangered species. Further, the project involves planting native tree species and is not anticipated to have any significant impacts with regard to traffic, noise, air quality, or water quality.
FISCAL IMPACT:
There is no fiscal impact with this item. The $20,250 local match requirement will be achieved with in-kind services associated with staff labor during the tree establishment period.
REVIEWED BY OTHERS:
This item has been reviewed by the Finance Director and City Attorney.
LEVINE ACT DETERMINATION:
This item is NOT subject to the Levine Act.

Attachments
Location Map
Resolution


City Council Regular		19.
Meeting Date:	12/10/2024

SUBJECT:

AMENDMENT NO. 2 TO AGREEMENT A2023-125 WITH ONWARD ENGINEERING TO PROVIDE ADDITIONAL ENGINEERING DESIGN SERVICES FOR THE RAMONA AVENUE WATER MAIN REPLACEMENT

RECOMMENDATION:

Authorize the execution of Amendment No. 2 to Agreement No. A2023-125 with Onward Engineering for additional engineering design services for the Ramona Avenue Water Main Replacement project in the amount of $14,400, increasing the total agreement to a not-to-exceed amount of $156,504.
Authorize the City Manager, at his discretion, to approve the cumulative amendments up to 10% ($15,650.40) of the awarded agreement amount to A2023-125 with Onward Engineering.

BACKGROUND/ANALYSIS:

On June 27, 2023, the City entered into a Professional Services Agreement No. A2023-125 with Onward Engineering for engineering design services for the Ramona Avenue Water Main Replacement project.

During the design phase of the project, the City revised the presentation of the construction documents, necessitating the repackaging of the plans and specifications. (See Attachment 1 - Location Map). This will involve merging the street and water improvements into a single set of plans and specifications, rather than the previously separate Phase 1 and Phase 2. Additionally, the scope of work will be divided into three separate bids: Base Bid, Alternate Bid A, and Alternate Bid B. This approach will provide greater flexibility in awarding contracts and allow for more accurate budgeting based on whether specific alternate bid items are selected.

Onward Engineering has submitted a proposal for the additional scope of services which is described in Amendment No. 2 to Agreement No. A2023-125, “Exhibit D – Additional Scope of Services and Compensation,” and is summarized as follows:

Task 1: Repackage plans and specifications

The total additional cost to perform the above tasks amounts to $14,400. Staff has reviewed the proposal and recommends that the City Council authorize Amendment No. 2 to Agreement No. A2023-125 in the amount of $14,400 for a total agreement cost not-to-exceed $156,504.

ENVIRONMENTAL (CEQA) REVIEW:

The project has been determined to be exempt as a Class 2(c) Categorical Exemption (Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity) and Class 1(c) Categorical Exemption (Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities), pursuant to Sections 15302 and 15301, respectively of Guidelines for the California Environmental Quality Act of 1970, as amended, Public Resources Code Section 21000 et seq.

FISCAL IMPACT:

The total estimated cost for this project is as follows:

Item	Amount
Onward Engineering (Design)	$112,074.00
Amendment No. 1 to PSA (Design)	$30,030.00
Amendment No. 2 to PSA (Design)	$14,400.00
Design Contingencies (10%)	$15,650.40
Project Management and Miscellaneous Costs	$20,713.24
Construction Contract and Contingencies	$207,132.36
Total	$400,000.00

The total project cost may exceed the amount shown above and is dependent on the outcome of the construction bid amount. Staff will present a budget amendment for the additional funding as necessary at the time of the construction contract award.

The current Capital Improvement Program has $400,000 budgeted for the Ramona Avenue Water Main Replacement project (WA22002). The funds available for this project are as follows:

Project No.	Funding Source	Amount
WA22002	Water Utility	$400,000
	Total Project Funding	$400,000

REVIEWED BY OTHERS:

This item has been reviewed by the Finance Director and the City Attorney.

LEVINE ACT DETERMINATION:

This item is NOT subject to the Levine Act.

Attachments
Attachment 1 - Location Map
Amendment No. 2 to A2023-125


City Council Regular		20.
Meeting Date:	12/10/2024

SUBJECT:
CONFLICT OF INTEREST CODE ADOPTION
RECOMMENDATION:
Adopt a resolution entitled: A RESOLUTION OF THE CITY OF CHINO HILLS, ADOPTING THE 2024 CONFLICT OF INTEREST CODE IN ACCORDANCE WITH THE POLITICAL REFORM ACT
BACKGROUND/ANALYSIS:
On June 25, 2024, the City Council directed the City Clerk and City Attorney to coordinate the biennial review of the Conflict of Interest Code for employees and commission members for consideration before October 1, 2024. On September 24, 2024, the City Council determined that revisions were necessary to the Conflict of Interest Code for City employees and directed the City Clerk and City Attorney to draft the necessary documents for adoption by December 10, 2024. A review of the Code revealed that no changes were required for commission members. The Conflict of Interest Code for designated City employees was last revised on December 13, 2022, by adoption of Resolution No. 2022R-111. Changes occurring since that revision include reclassifications, job title changes, deleted positions, and added positions in various City Departments that were identified in the September 24, 2024, Staff Report. In summary, there were one (1) title change, six (6) positions that the Disclosure Category changed, eight (8) added positions, and two (2) deleted positions, as outlined in the attached Exhibit A - Designated Positions. Exhibit B - Disclosure Categories is attached for reference purposes only. A Notice of Intention to adopt an amended Conflict of Interest Code and a copy of the proposed Conflict of Interest Code revisions were emailed to all affected employees and was posted on the first and second floors of City Hall and at the City Yard for 45 days to allow impacted employees an opportunity to review the changes and make comments. The public comment period commenced on September 25, 2024, and closed on November 10, 2024. No comments were received on the matter to date.
ENVIRONMENTAL (CEQA) REVIEW:
This proposed action is not subject to 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:
There is no fiscal impact.
REVIEWED BY OTHERS:
This item has been reviewed by the City Attorney.
LEVINE ACT DETERMINATION:
This item is NOT subject to the Levine Act.

Attachments
Notice of Intention
Resolution


City Council Regular		21.
Meeting Date:	12/10/2024

SUBJECT:
ORDINANCE INTRODUCTION - AUTHORIZE ELECTRONIC AND PAPERLESS FPPC FILINGS
RECOMMENDATION:
Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY OF CHINO HILLS, ADDING CHAPTER 2.50 (ELECTRONIC FILING OF STATEMENTS REQUIRED BY THE POLITICAL REFORM ACT) TO TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE CHINO HILLS MUNICIPAL CODE, REQUIRING ELECTRONIC AND PAPERLESS FILINGS OF THE FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENT OF ECONOMIC INTERESTS FORMS" for first reading by title only and waiving further reading.
BACKGROUND/ANALYSIS:
The City Clerk is the local filing officer for the City of Chino Hills and is responsible for receiving, reviewing, and storing campaign disclosure statements, Statement of Economic Interests Forms (Form 700), and AB 1234 Ethics Training Certifications. Currently, the City Clerk's office accepts paper filings of such documents, so staff have been manually redacting and uploading forms to the City's website. This paper-based system is time-consuming and inefficient when an alternative online system exists. Further, Assembly Bill (AB) 2151, adopted in 2020, requires cities to post any statements, reports or documents that are campaign-related and required by the Political Reform Act to be filed with the City, to be posted on the City's website within 72 hours of its filing. This is difficult to do with a paper-based system. To provide a more efficient process, the City Clerk's Office entered into an Agreement with NetFile, Inc. which was approved in the City's Fiscal Year 2024-25 budget, to implement an electronic/paperless filing system that will accommodate online filing of several different types of Fair Political Practices Commission (FPPC) forms, including Forms 460, 470, 496, 497, 700. Netfile, Inc. is approved by the Secretary of State and also offers, at no cost, AB 1234 Ethics Training for local officials. In terms of security, the NetFile system is a web-based, vendor-hosted application that utilizes "industry best practices" for securing data, using the same data encryption for online filings that is used by banks for online banking. NetFile stores and backs up data at three separate locations, creating essential safety measure and redundancy that allows for recovery of information in the event of an emergency or disaster. Implementation of the NetFile system will promote transparency and provide convenience for committees, individuals, and the public. It provides 24-hour filing and viewing accessibility of campaign finance information and Form 700 filings from any computer, anywhere. In certain instances, the NetFile system will also increase the accuracy of filed campaign statements by prohibiting any filings that may have inadvertently omitted information required under the Political Reform Act. To maximize the use of, and thus the efficiency gains that can be obtained from, the NetFile online filing system, City staff recommends that the City Council adopt the attached ordinance that will require that campaign disclosure statements and statements of economic interest (Form 700s) be filed on this online system. In order for the City of Chino Hills to require campaign disclosure statements be electronically filed, the City Council must adopt an ordinance approving of, and requiring the use of, an online or electronic filing system, which shall include the legislative finding that the online or electronic system will operate securely and effectively and will not unduly burden filers. NetFile will ensure compliance with AB 2151, provide more transparency to the public, and offer an easier way for all filers to complete their required filings. The proposed ordinance complies with these requirements. Annual filings of Statements of Economic Interest (Form 700s) by 87200 filers (City Council, City Manager, City Attorney, City Treasurer/Finance Director, and Planning Commission) now must be filed electronically with the State, using the FPPC's electronic filing system in accordance with Assembly Bill 1170 adopted earlier this year. With the transition to electronic filing of these statements at the state level, staff recommends that the City also require all Statements of Economic Interest filed with the City Clerk by designated public officials and employees (City staff, boards, commissions (other than Planning), and consultants designated in the local conflict of interest code), also be filed electronically, by requiring filing in the new NetFile System.
ENVIRONMENTAL (CEQA) REVIEW:
This proposed action is not subject to 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:
There is no fiscal impact.
REVIEWED BY OTHERS:
This item has been reviewed by the City Attorney.
LEVINE ACT DETERMINATION:
This item is NOT subject to the Levine Act.

Attachments
Ordinance - Paperless Filing


City Council Regular		22.
Meeting Date:	12/10/2024

SUBJECT:
UPDATE TO ADMINISTRATIVE POLICY SECTION 1.4 - GUIDELINES FOR ALL PUBLIC MEETINGS
RECOMMENDATION:
Approve an update to Administrative Policies and Procedures Manual Section 1.4 - Guidelines for All Public Meetings to include a definition of Subject Matter Jurisdiction, revise the Public Comments section, expand the Speaker Card section, and add a Signs section to the Policy.
BACKGROUND/ANALYSIS:
City Councils and other legislative bodies of local government agencies exist to conduct City business. City Council meetings are the mechanism by which the public can observe the deliberations and decisions of the City Council. These open meetings also provide an opportunity for the public to engage the City Council through the Public Comments portion of the meeting to make requests, provide input, and generally participate in the City’s business. City Council meetings are governed by the Ralph M. Brown Act (Brown Act). The Brown Act establishes, in general, the public’s right to: public notices in advance of meetings; agendas informing the public of the items being considered at that meeting; access to materials associated with the agendized items that are provided to the City Council; time set aside for public comments; and all City Council votes except some closed session matters must be cast in public. While the Brown Act does establish the public’s rights and set the general framework for City Council meetings, City Councils as legislative bodies may, however, adopt reasonable meeting standards and regulations on public testimony and the conduct of public meetings, to facilitate the handling of the City’s business. The City of Chino Hills Administrative Policy Section 1.4 - Guidelines for All Public Meetings (Public Meetings Policy) was adopted in August 2001 and revised in March 2024. However, staff has identified additional areas in need of revision after further review of the Public Meetings Policy. The policy being presented includes multiple additions and revisions, including: The addition of a Subject Matter Jurisdiction definition A prohibition against public comments on matters outside the City’s Subject Matter Jurisdiction Additions to the Public Comments Portions section The role of the City Attorney Revisions to the Speaker Card procedures And the addition of a Signs section Staff is recommending approval of the updates to Administrative Policies and Procedures Manual Section 1.4 - Guidelines for All Public Meetings as proposed. All of these proposed changes are for the purpose of having efficient meetings which focus on City business and particularly the items on the agenda for each meeting and to provide all members of the public with an equal opportunity to participate in meetings without feeling physically intimidated.
ENVIRONMENTAL (CEQA) REVIEW:
This proposed action is not subject to 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:
There is no fiscal impact associated with this item.
REVIEWED BY OTHERS:
This item has been reviewed by the City Attorney.
LEVINE ACT DETERMINATION:
This item is NOT subject to the Levine Act.

Attachments
Admin. Policy Section 1.4 redline
City Policy 1.4


City Council Regular		23.
Meeting Date:	12/10/2024

SUBJECT:
APPROVAL OF AN EXCLUSIVE NEGOTIATING AGREEMENT AUTHORIZING ENTITLEMENT ACTIVITIES TO BE CONDUCTED FOR A 50-UNIT AFFORDABLE SENIOR HOUSING DEVELOPMENT
RECOMMENDATION:
Authorize the City Manager to negotiate, revise as appropriate and execute the Exclusive Negotiating Agreement between the City of Chino Hills and C&C Development to begin entitlement activities for a 50-unit Affordable Senior Housing Development on the property located at the southwest corner of Peyton Drive and Eucalyptus Avenue (APN 1032-221-05) substantially in the form attached to this staff report, subject to approval as to form by the City Attorney; OR Authorize the City Manager to negotiate, revise as appropriate and execute the Exclusive Negotiating Agreement between the City of Chino Hills and Related California to begin entitlement activities for a 50-unit Affordable Senior Housing Development on the property located at the southwest corner of Peyton Drive and Eucalyptus Avenue (APN 1032-221-05), substantially in the form attached to this staff report, subject to approval as to form by the City Attorney.
BACKGROUND/ANALYSIS:
The City Council last discussed this item at their November 26, 2024, meeting and continued discussion to December 10, 2024. On December 2, 2024, staff met with representatives of Related California. Related California renewed their commitment to working with the City on the project, and apologized for the protracted nature of discussions on the Exclusive Negotiating Agreement (ENA). Staff's recommendation remains to execute an ENA with C&C Development. However, the City Council (Council) can decide to execute an ENA with Related California if they desire. It is important to note that discussions between staff and both C&C Development and Related California have progressed sufficiently that the City is ready to commence the entitlement process immediately with either party, contingent upon Council approval at this meeting. We will lose no time if the Council approves either developer. The rest of this report includes the background on the project that was presented at the November 26, 2024, City Council meeting. In February of 2022, the City Council (Council) adopted the 6^th Cycle Housing Element of the General Plan, which was subsequently certified by the state Department of Housing and Community Development. As part of the Housing Element, the City identified several sites that would accommodate residential development in accordance with our Regional Housing Need Allocation. One of the sites identified is the property at the southwest corner of Peyton Drive and Eucalyptus Avenue. On March 22, 2023, a Request for Qualifications/Proposals (RFQ/P) was issued for an affordable housing provider with the capacity to undertake the following activities: Acquire the Subject Parcel from the City; Develop a rental project with 50 units for very low- and low-income senior citizens; Own, manage, and operate the completed project; and Provide on-site support services, and referrals to off-site support services, that will enhance the quality of life for the project’s residents. After an extensive internal review process of 10 different proposals, which was assisted by our consultant Keyser Marston Associates, three developers were selected as finalists and made presentations to the City Council on February 13th of this year. The three finalists were Related California, C&C Development, and National CORE, and were all determined by staff to be equally qualified to carry out the project. In their deliberations, the Council focused on the proposals from Related California and C&C Development. At the conclusion of the meeting, the Council directed staff to begin discussions with Related California (Related) to develop an Exclusive Negotiating Agreement (ENA), which, once executed, would allow the selected developer to begin processing entitlements for the development project. It is important to note that the ENA is the first step in the development process - during the entitlement stage, the City and developer will also negotiate a Disposition and Development Agreement, which will facilitate the transfer of the property and establish binding terms for the construction, maintenance, and operation of the facility. Staff began working with Related by meeting and touring a recently developed project in the City of Ontario, and transmitting a standard ENA prepared by the City Attorney for review and comment. Notably, Related replaced key members of the team that had been identified in their RFQ/P response and that were interviewed by staff and the Council. The new members of the Related team objected to the standard ENA, and instead requested compiling a memo outlining “deal points” for each party, that once agreed to, could be used to draft a revised ENA. Deal points were negotiated that staff believed had been agreed to by both parties. Based on these deal points, the City Attorney prepared a revised ENA. The revised ENA was again rejected by Related and was sent back to the City with additional requested modifications and revisions. This included new terms that had not been previously discussed. Staff met with Related to discuss how to move beyond the impasse. After the meeting, staff communicated with Related that four of the terms that Related was requesting in the ENA could not be agreed to by the City. These were: a pre-development loan from the City to the developer, overly restrictive language that dealt with possible discovery of hazardous materials on the property, the ability to assign the agreement to an affiliate corporation without Council consent, and the number of tax credit application rounds that the developer would be allowed to apply for before the City could terminate the agreement. During the impasse with Related, staff reached out to the other finalist that the City Council had considered, C&C Development. Staff presented them with the revised ENA, requesting feedback to ensure that our requirements were not outside of accepted industry practices. C&C Development did not find any of the revised ENA terms objectionable and stated that the proposed ENA was fair for both parties. After some time, Related requested an additional meeting with staff. They agreed to drop the provisions from the ENA that the City had objected to and refined their comments on the other outstanding items. Additional revisions were made by the City Attorney, which Related has now agreed to. Staff is now requesting guidance from the Council on the selection of a development partner to enter into an Exclusive Negotiation Agreement with. While Related was the Council’s preferred finalist and is now ready to accept the terms of the ENA, staff has found that the initial process of negotiating an agreement, prior to starting the entitlement process, has been difficult and protracted. Staff is concerned about the ability to maintain a long-term relationship with Related, which will need to endure for many years through the build-out and operation of the facility. As an alternative, staff is prepared to work with C&C Development, which is ready to accept the revised ENA terms, and with which we can likely have a constructive partnership moving into the future. It is staff’s recommendation to move forward with an ENA with C&C Development at this time; however, staff is prepared to continue working with Related if that is the Council’s direction.
ENVIRONMENTAL (CEQA) REVIEW:
This action of selecting a preferred developer to negotiate with for a proposed senior housing project 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 because it does not involve an irrevocable commitment to a project and will not result in any potentially significant impacts on the environment. Before any such commitment is made to the proposed Senior Housing Project, the City will conduct appropriate review under CEQA.
FISCAL IMPACT:
There are no fiscal impacts associated with the selection of a developer for the project by the City Council. The City has received grant funds in the amount of $452,841 to be utilized for pre-development costs associated with the proposed project such as the exempt surplus land determination, preliminary geotechnical reports, environmental clearance, and staff project management costs. The selected developer is agreeing to cover their up-front entitlement costs. A finalized project estimate will be provided to the City Council as part of the negotiated terms of the Disposition and Development Agreement.
REVIEWED BY OTHERS:
This item has been reviewed by the City Attorney.
LEVINE ACT DETERMINATION:
This item is subject to the Levine Act

Attachments
ENA