2022-001
MINUTES
CITY COUNCIL
CITY OF CHINO HILLS
JANUARY 11, 2022
SPECIAL/REGULAR MEETING
Vice Mayor Rogers called the Closed Session to order 6:00 p.m. and requested City Clerk Balz to call roll.
PRESENT: COUNCIL MEMBERS: RAY MARQUEZ (via teleconference)
PETER ROGERS
ART BENNETT
BRIAN JOHSZ
CYNTHIA MORAN
ABSENT: COUNCIL MEMBERS: NONE
ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER
ELIZABETH CALCIANO, ASSISTANT CITY ATTORNEY
CHERYL BALZ, CITY CLERK
PUBLIC COMMENTS
There were no public comments.
RECESS TO CLOSED SESSION
Vice Mayor Rogers declared the meeting recessed at 6:00 p.m. for Closed Session.
City Clerk Balz did not attend this portion of the meeting.
EXISTING LITIGATION
Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) - Existing Litigation (2 cases):
a. Southern California Edison Company v. City of Chino Hills - CIVDS 1609846 b. Southern California Edison Company v. County of San Bernardino, City of Chino Hills, et al. - CIVDS 1409458
EXPOSURE TO LITIGATION
Conference with Legal Counsel pursuant to Government Code Section 54956.9 (d)(2) - Exposure to Litigation (1 case)
INITIATION OF LITIGATION
Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(4) Initiation of Litigation (1 case)
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CLOSED SESSION RECESS 1r
Vice Mayor Rogers recessed the Closed Session at 6:15 p.m.
CONVENE SPECIAL MEETING AND ROLL CALL
Vice Mayor Rogers called the Special meeting to order at 7:00 p.m. and requested City Clerk Balz to call roll.
PRESENT: COUNCIL MEMBERS: RAY MARQUEZ (via teleconference)
PETER ROGERS
ART BENNETT
BRIAN JOHSZ
CYNTHIA MORAN
ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER
ELIZABETH CALCIANO, ASSISTANT CITY ATTORNEY
CHERYL BALZ, CITY CLERK
DANIEL BOBADILLA, PUBLIC WORKS DIRECTOR
CHRISTA BUHAGIAR, FINANCE DIRECTOR
BRANDON FONACIER, COMMUNITY RELATIONS ANALYST I
NICOLE FREEMAN, PUBLIC INFORMATION OFFICER
GARTH GOODELL, CHIEF OF POLICE, CHINO HILLS
ROD HILL, ASSISTANT CITY MANAGER
JOANN LOMBARDO, COMMUNITY DEVELOPMENT DIRECTOR
JONATHAN MARSHALL, COMMUNITY SERVICES DIRECTOR
LYNNAE SISEMORE, ASSISTANT CITY CLERK
DAVE WILLIAMS, FIRE CHIEF, CHINO VALLEY FIRE
DEPARTMENT
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Vice Mayor Rogers.
INVOCATION
Led by Elder Peter Chung, Good Shepherd Presbyterian Church.
PRESENTATIONS
HOLIDAY HOME DECORATING CONTEST WINNERS
Vice Mayor Rogers presented gift cards to the winners of the City's Annual 2021 Holiday Home Decorating Contest and certificates of recognition on behalf of Congresswoman Kim, Senator Newman, Assemblyman Chen, and Supervisor Hagman.
Rookie of the Year Award - The Shutes Family
Classic Holiday Award - The Chambers Family (not present) Best Theme Award - The Torres Family
Mr. Shutes thanked Council for the recognition and stated that he will improve his holiday spirit next year.
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Mr. Torres thanked Council for the recognition and said that he hopes to continue with the holiday spirit in years to come.
CITY FLAG DESIGN CONTEST WINNERS
Vice Mayor Rogers thanked Council Member Johsz, Greg Higgins, Sheran Voigt, Vince Jones and Sharon Stuewe who along with himself judged the entries. Following the announcement, he presented gift cards to the winners of the City Flag Design Contest and certificates of recognition on behalf of Congresswoman Kim, Senator Newman, Assemblyman Chen, and Supervisor Hagman.
3rd Place Joshua Chou
2nd Place: Jeff Vaka
1st Place: Ben De Leon
PRESENTATION - CALIFORNIA DEPARTMENT OF INSURANCE COMMISSION The California Department of Insurance Commission, Associate Insurance Compliance Officer, Peter Meza, provided a PowerPoint presentation regarding how to protect consumers, maintain insurer solvency, and the insurance laws of California, which are on file in the City Clerk's Office.
Vice Mayor Rogers informed the public that the presentation on insurance was brought forward to the public to explain why insurance policies have been cancelled due people living near high fire severity zones and what insurers could do to navigate through their coverages.
Josephine Taylor, resident and business owner, shared her personal story regarding loss of insurance coverages and increased costs due to her business being identified near a high fire severity zone.
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION
There was no reportable action taken in Closed Session.
PUBLIC COMMENTS
Mike Taber, resident, spoke about the lack of refuse services with Republic Services and asked Council not to re-enter into a contract with them.
Joe Schaeffer, Chino Valley Unified School District, stated that he is the new liaison between the District and Council, and that he will remain as the ex-officio for the Parks and Recreation Commission. He stated that the School District is under the same constraints in work shortages, and there is a great need for substitute teachers. Lastly, he mentioned that he will return to a Council meeting at a later date to provide an update on the modernizations of schools.
Jim Gallagher, resident, spoke on behalf of the Chino Valley Chamber of Commerce and announced upcoming Chamber events.
Renay Mehta, Chino Valley Chamber of Commerce Workforce Director, announced the upcoming Career Expo and Job Fair that will be held at the Chino Hills Community Center on Friday, January 14, 2022, from 2:00 p.m.to 5:00 p.m.
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Sadie Lee, Ayala High School Student, spoke about the upcoming Chamber Career Expo and Job Fair event and how it will give high school students the knowledge about how to job shadow, intern, and build relationships to gain experience in the workforce.
CONFLICT OF INTEREST ANNOUNCEMENTS
There were no conflict of interest announcements to record.
CITY DEPARTMENT BUSINESS
CONSENT CALENDAR
Vice Mayor Rogers announced the Consent Calendar items 9, 10, 11 , 14, and 15 and asked Council if there were any items to pull.
Hearing none, a motion was made by Council Member Bennett and seconded by Mayor Marquez to approve the following Consent Calendar items:
MINUTES
The City Council approved the December 14, 2021, City Council Meeting Minutes, as presented.
PAYMENT REGISTERS
The City Council ratified payments over $25,000 totaling $4,588,167.09 for month ended November 30, 2021, as presented.
FINANCIAL REPORT
The City Council received and filed the monthly Financial Report for month ended November 30, 2021, as presented.
LOCAL EMERGENCY DECLARATION EXTENSION - RESOLUTION ADOPTED The City Council (1) adopted Resolution No. 2022R-001 of the City of Chino Hills, Continuing the Existence of a Local Emergency; and (2) found that the Resolution is exempt from review under the California Environmental Quality Act.
AGREEMENTS - DANCE AND TENNIS CLASSES
The City Council (1) authorized the execution of a three-year Agreement No. A2022-005 with Denean Kaplan in an amount not-to-exceed $75,000 annually, to provide year-round dance recreation instruction within the Community Services Department through December 31, 2024; (2) authorized the execution of a three-year Agreement No. A2022- 006 with William Bush dba Tennis Anyone in an amount not-to-exceed $150,000 annually, to provide year-round tennis recreation instruction within the Community Services Department through December 31, 2024; and (3) adopted Resolution No. 2022R-002 of the City of Chino Hills, Adopting a Budget Amendment for Fiscal Year
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2021-22 Increasing Expenditures by $112,500 in the Community Services Fund Budget for Contract Instructors.
Motion carried by roll call vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ, MORAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Vice Mayor Rogers adjourned the Special meeting at 7:50 p.m. to the Regular meeting, and Mayor Marquez did not participate in this portion of this meeting.
Vice Mayor Rogers announced the remaining Consent Calendar items and asked Council if there were any items to pull.
Hearing none, a motion was made by Council Member Johsz and seconded by Council Member Bennett to approve the following Consent Calendar items:
LOCAL CAMPAIGN CONTRIBUTION LIMITS - ORDINANCE ADOPTION The City Council adopted Ordinance No. 379 of the City of Chino Hills, Amending Title 1, Chapter 1.16, Elections, by Adding New Section 1.16.020 Establishing No Campaign Contribution Limits for City Elective Office Candidates and Determining This Action is Exempt From Review Under the California Environmental Quality Act- Second Reading (Introduced December 14, 2021).
URBAN LOT SPLIT SUBDIVISION AND HOUSING DEVELOPMENT - ORDINANCE
ADOPTION
The City Council adopted Ordinance No. 380 of the City of Chino Hills,Amending Title 16 of the Chino Hills Municipal Code to Add Section 16.10.150 Urban Lot Split Subdivision and Housing Development and Finding Proposed Municipal Code Amendment 21 MCA03 Exempt From Review Under the California Environmental Quality Act- Second Reading (Introduced December 14, 2021).
Motion carried by roll call vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, BENNETT, JOHSZ, MORAN NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MARQUEZ
Vice Mayor Rogers adjourned the Regular Meeting at 7:52 p.m. and reconvened the Special Meeting at 7:53 p.m.
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Mayor Marquez returned to the meeting telephonically at 7:53 p.m. and asked City Clerk Balz to explain his absence.
City Clerk Balz stated a Special meeting was called to allow Mayor Marquez to attend telephonically. Ordinances cannot be approved in a special meeting, so the meeting was adjourned to the regular meeting for the approval. Because the regular meeting was not noticed for Mayor Marquez to attend telephonically, he could not participate in the vote on the ordinances.
DISCUSSION CALENDAR
NEW CITY FLAG DESIGN
Assistant City Manager Hill briefed the Council on the report, which is on file in the City Clerk's Office.
Following discussion, there was Council consensus to take no action and keep the same City flag design that is already in use.
Vice Mayor Rogers recessed the Special meeting at 8:06 p.m. for a short break.
Vice Mayor Rogers reconvened the meeting at 8:13 p.m.
PUBLIC HEARING
6TH CYCLE HOUSING ELEMENT
City Manager Montgomery briefly explained the Regional Housing Needs Assessment (RHNA) process and introduced Community Development Director Lombardo who briefed the Council on the Housing Element Update and provided a PowerPoint presentation, which is on file in the City Clerk's Office. She mentioned that the City must adopt its Housing Element within 120 days from the statutory due date of October 15, 2021, and get it to the Department of Housing and Community Development (HCD) by February 11, 2022.
Council Member Bennett inquired about the option's available to the Council to keep units on Shoppes II or add Caballero to the mix. Community Development Director Lombardo responded that the current plan does not include Caballero and if the Council wanted to include it, the Housing Element would need to be amended.
Mayor Marquez asked Community Development Director Lombardo to explain Measure U. Assistant City Attorney Calciano responded that Measure U is the growth control initiative that was passed into law in 1999. She said Council can increase density or add density to comply with the RHNA numbers.
Mayor Marquez said that the State of California is always throwing curve balls and that the City's hands are tied with complying with the law. Community Development Director Lombardo stated that the next step in this process is to amend the General Plan to increase densities and said that the entire process will involve the community. She said that the City must do this and that there are limited resources. Assistant City Attorney
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Calciano said this is true, and that the State also limits the discretion of Council in this process.
Council Member Moran said that this does not end here, that there is a petition circulating for the November ballot to gain back local control for land use.
Council Member Johsz asked what would happen if the City were to do nothing or not allocate units anywhere in the City. Community Development Director Lombardo replied that the penalties could be quite substantial and that the State has hired new enforcement staff to sue cities for not having adequate number of sites. Council Member Johsz added the City does not build homes and are not taking people's homes to build. There is an entire process.
Vice Mayor Rogers opened the public hearing and asked if anyone wished to address the City Council on the matter.
The following residents spoke in opposition to adding the Caballero property to the list of high-density housing sites: Kalina Marquez, Arlene McGowan, John Bruner, David Kowalski, Debbie Hall, Mitchell Hovey, Isabella Charles, Lisa Tamayo, John Kim, Kevin Stenson, and Eric Chen
Jim Gallagher, resident, commended staff for all their hard work on the Housing Element and said that he understands the tough process. He stated that the Crossroads Marketplace was the best place for residential multi-family use since that commercial site has been failing for years.
Juan Olmedo, Southwest Regional Council of Carpenters, addressed his concerns about how residents will be impacted environmentally by the housing growth in the City. He recommended that the City use local and trained workforce to mitigate the impacts.
Mike Smith, resident, stated that he is in the process of developing an accessory dwelling unit on his property and expressed displeasure with the requirement for separate utilities.
He understands that everyone is concerned with the decline in their property values when additional housing units are built in the City. He suggested that Council research how other cities are handling limited space for housing.
Ed McCoy, Developer, stated that he submitted the design for housing units at the Caballero property and saw that this site had potential for housing. He stated that his company builds high end housing and could provide more residential and great topography as they previously built at the Capriana site off Butterfield Ranch Road.
City Clerk Balz stated that before the meeting the City Clerk's Office received 17 public comments via email and that any public comments received after 3:30 p.m. would be included with the record.
Andrew Teeter, resident, inquired if multi-family units, granny flats, and duplexes could be counted as high-density, low-income housing.
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Unknown speaker, resident, stated that the City needs to consider the safety of seniors in the community and added that additional housing would introduce more traffic and crime.
Lisa Hubby, resident, inquired when the traffic study was conducted for the housing element, because if it was conducted during the pandemic, it would not be accurate due to the lack of cars on the road.
Following a lengthy discussion, a motion was made by Vice Mayor Rogers and seconded by Council Member Johsz to direct staff to (1) not move the proposed units to the Caballero site; (2) keep the number of units proposed or entitled at the Shoppes II site; and (3) continue the public hearing to the January 25, 2022, City Council meeting.
Motion carried by roll call vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ, MORAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Council Member Moran encouraged the community to join the initiative "Our Neighborhood Voices" regarding a proposed measure for the November 2022 ballot that will provide local land-use and zoning laws to override conflicting State laws.
PUBLIC INFORMATION OFFICER REPORT
Public Information Officer (PIO) Freeman announced the following information:
• COVID-19 VACCINE
o The County is reflecting the nationwide trend of surging cases of the omicron variant, which is now the dominant COVID-19 variant in the United States
o Over the past two weeks, coronavirus cases increased by 32,000 in San Bernardino County, which is increasing at nearly twice the rate as they were a month ago
o In San Bernardino County, 70 percent of the cases appear in people who are not fully vaccinated
o The CDC expanded booster eligibility for the Pfizer vaccine to all fully vaccinated people ages 12 and older who received their second dose of the Pfizer vaccine at least five months ago
o County vaccine events continue to take place every Tuesday at the McCoy Equestrian & Recreation Center from 10:00 a.m. to 2:00 p.m. • Pfizer and Johnson & Johnson vaccine/boosters available o Vaccine appointments can be made online at MvTurn.Ca.Gov
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• COVID-19 TESTING
o Free COVID-19 Testing at the McCoy Center on Wednesday, January 19th from 9:00 a.m. to 4:00 p.m., appointments can made online at www.sbcovid19.com/testing
Due to an increased demand in COVID-19 testing, appointments are highly recommended. Walk-ins will be allowed based on availability until one hour before closing and will experience longer wait times
o The County is also offering free at-home COVID-19 Antigen (rapid) test kits available for pick-up at every County testing site (pausing to get more kits)
o The City was given a supply of rapid test kits by the County and distributed over 2,700 rapid test kits to community members during a drive-thru event last Thursday, January 6th
o To find additional locations for testing and where test kits can be picked up, visit www.sbcovid19.com/testinq
• BLOOD DRIVES
o Blood drives are being held every Tuesday through the end of December at the Government Center parking lot, located at 14077 Peyton Drive o Appointments are recommended and can be made online at www.Istream.ora or by calling 800-879-4484, walk-ins are accepted if space allows
• LOW-INCOME RATE ASSISTANCE (LIRA) FOR WATER CUSTOMERS o City program designed to help eligible residents by providing a $10 discount on monthly water meter charge
o Program follows the same income requirements used by Southern California Edison (SCE) and Southern California Gas (SoCal Gas) so applicants must provide a copy of a current bill verifying their enrollment in the utilities' California Alternate Rates for Energy (CARE) rate assistance program
o Applications are available year-round at the Utility Billing counter and online at www.chinohills.ora/LIRA
• RECREATION & CITY NEWS
o City Facilities and the Library will be closed on Monday, January 17th in observance of Martin Luther King Jr. Day, trash service is not affected SAFETY UPDATES - Police and Fire
Fire: Fire Chief Williams spoke about ambulance conditions and the struggles with transport services throughout the community with private ambulance services. Lastly, he said that the Fire District will be closed on Monday in observance of Martin Luther King Jr. Day.
Council Member Bennett inquired about where residents would be transported to, Pomona or Ontario. Fire Chief Williams replied that there really is not an upfront answer,
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the condition of the person dictates where that person will go and that the Pomona Valley Hospital Medical Center is the closest trauma center.
Council Member Moran congratulated Fire Chief Williams for his first official meeting as Fire Chief. Fire Chief Williams thanked Council Member Moran and stated that he will officially be sworn in on January 20th, unless postponed for some unforeseen reason.
Police: Police Chief Goodell stated that on November 17th the suspects in the "Smash and Grab" robberies that occurred at the Diamond Jewelry store in Chino Hills as well as Claremont and Upland, have been caught and detained, five adults and one juvenile. He thanked the community for being patient, and that most of the cases will file in San Bernardino County. Council Member Johsz asked if any items stolen were recovered.
Police Chief Goodell stated that a lot of items were recovered from the juvenile because he posted himself wearing the jewelry on social media. Lastly, Police Chief Goodell announced that the Chino Hills Police Department will be hosting a Catalytic Converter Etching Event on Saturday, January 29th from 8:00 a.m. to 12:00 p.m., located at Precision Sound, 4200 Chino Hills Parkway, Unit 665; and that the fee for engraving is $20 and to sign up via the Police Department's website.
COUNCIL REPORTS
Mayor Marquez
• SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) o LEGISLATIVE/COMMUNICATIONS AND MEMBERSHIP COMMITTEE Mayor Marquez attended the Southern California Association of Governments - Legislative/Communications and Membership Committee meeting via teleconference and they received Federal and State Legislative updates, along with meetings and plans for 2022.
o REGIONAL COUNCIL
Mayor Marquez attended the Southern California Association of Governments-Regional Council meeting via teleconference and stated that the main topic discussed amongst the Board was the community voter initiative pertaining to local land use. He said that one million signatures will need to be collected and that this could have a big impact on Regional Housing Number Allocations (RHNA). He said that SCAG is in full support of the initiative.
Vice Mayor Rogers
• CHINO HILLS COMMUNITY FOUNDATION
Vice Mayor Rogers attended the Chino Hills Community Foundation meeting via teleconference and stated that the Board members welcomed Denise Cattern to the Foundation and that the members had interactive conversations regarding the decline in endowment funds, the future of funding projects, $100,000+ donation to the interactive inclusive equipment at Crossroads Park, jazz concerts series (April, May, and December at the Community Center), Wine Walk, and the reinstitution and frequent rotation of art at the Art Center.
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• TRES HERMANOS CONSERVATION AUTHORITY
Vice Mayor Rogers attended the Tres Hermanos Conservation Authority meeting and stated that the Authority spoke about consent items such as the teleconferencing process, and that the Board gave direction on a logo.
Council Member Bennett
• CHINO VALLEY CHAMBER OF COMMERCE BOARD
Council Member Bennett attended the Chino Valley Chamber of Commerce Board meeting and thanked Chamber members Jim Gallagher and for Renay Mehta for announcing the upcoming Chamber events during the public comments portion of the meeting.
Council Member Moran
• CHINO VALLEY UNIFIED SCHOOL DISTRICT BOARD
Council Member Moran attended the Chino Valley Unified School District board meeting via teleconference and stated that they discussed Senate Bill 328 which is finally getting implemented in the 2022-23 school year, which dictates a late start for secondary schools (not before 8:00 a.m.) and high schools (not before 8:30 a.m.). She said the School Board needs to finalize the instruction schedules and will conduct a community survey for parents as the entire Chino Valley Unified School District will be affected. She said once the school schedules are set that the information will be passed on to the police and fire departments for the traffic patterns.
• OMNITRANS
Council Member Moran attended the Omnitrans Board meeting via teleconference and stated that Omnitrans is continuing the free fares for school programs for another six months.
COUNCIL COMMENTS
Johsz: Council Member Johsz asked that staff provide recommendations regarding the disposal of Christmas trees. Assistant Cit Manager Hill stated that Republic Services is behind in picking up Christmas trees and recommended that residents place Christmas trees out with their regular trash pickup days. Council Member Johsz inquired about the status of staff displaying official photos of all past Chino Hills Mayors. City Manager Montgomery stated that staff is still looking into a location and that they will provide an update to Council at a later date. Lastly, Council Member Johsz thanked the police and fire departments for their services during these difficult times with the rise in Covid cases.
Bennett: Council Member Bennett said he hopes that 2022 will be a better and more healthy year. He thanked everyone who attended the meeting this evening to speak about the high-density housing and stated that their public involvement helps Council make proper decisions.
Rogers: Vice Mayor Rogers stated on behalf of Mayor Marquez that he attended a ribbon cutting for Access Chiropractic over the weekend. He mentioned the need for more
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rainfall so that California does not go into another drought. He commended staff for the banner pole replacements. Vice Mayor Rogers stated the City handed out 5,400 COVID-19 rapid test kits last Thursday and said that the City staff made a great effort to give out tests. He mentioned since the City has turned 30 that the Community Center and Civic Center are both in need of a slight renovation, such as new paint. He spoke about the lack of refuse pickup and hopes that Republic Services can get caught up with their services. Lastly, he said that the "Coffee with Curt" event that was scheduled in Ontario has been cancelled due to COVID-19 protocols.
Marquez: Mayor Marquez thanked staff for their assistance with handing out COVID-19 rapid test kits and the new banner pole replacements. He thanked the Police Department and the City Manager for assisting a resident that recently had identity theft. Lastly, he inquired about the young men who were marching on the basketball courts at Veterans Park recently. City Manager Montgomery stated that staff is investigating the matter.
ADJOURN IN MEMORIAM AND IN HOPE
Vice Mayor Rogers adjourned the meeting at 10:07 p.m. 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.
Respectfully submitted,
CHERYL , CIT RK
APPROVED: January 25, 2022