2022-233
MINUTES
CITY COUNCIL
CITY OF CHINO HILLS
NOVEMBER 22, 2022
REGULAR MEETING
CONVENE MEETING AND ROLL CALL
Mayor Marquez called the meeting to order at 7:00 p.m. and requested City Clerk Balz to call roll.
PRESENT: COUNCIL MEMBERS: RAY MARQUEZ
PETER ROGERS
ART BENNETT
BRIAN JOHSZ
ABSENT: COUNCIL MEMBERS: 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 II
NICOLE FREEMAN, PUBLIC INFORMATION OFFICER
GARTH GOODELL, CHIEF OF POLICE, CHINO HILLS
ROD HILL, ASSISTANT CITY MANAGER
JOANN LOMBARDO, COMMUNITY DEVELOPMET DIRECTOR
JONATHAN MARSHALL, COMMUNITY SERVICES DIRECTOR
LYNNAE SISEMORE, ASSISTANT CITY CLERK
CARLOS SKIBAR, DEPUTY FIRE CHIEF, CHINO VALLEY FIRE
DISTRICT
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Luke Sholtis, Glen Meade Elementary School
INVOCATON
Led by Deacon John Terry, Calvary Chapel.
CITY COUNCIL REORGANIZATION - SELECTION OF MAYOR AND VICE MAYOR [7:03:07]
Mayor Marquez nominated Vice Mayor Rogers to be the next Mayor of Chino Hills. On a motion made by Mayor Marquez and seconded by Council Member Johsz, the City
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Council selected Peter Rogers to serve as Mayor for a term of December 1, 2022, through November 30, 2023.
II
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MORAN
Mayor Marquez nominated Council Member Moran to be the next Vice Mayor and on a motion, made by Vice Mayor Rogers and seconded by Mayor Marquez, the City Council selected Cynthia Moran as Vice Mayor for a term of December 1, 2022, through November 30, 2023.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MORAN
PRESENTATIONS
INTRODUCTION - NEW EMPLOYEES [7:04:56]
Mayor Marquez introduced the following new employees and welcomed them to the Chino Hills team:
• Matthew Cordova, Code Enforcement Officer, City Manager's Department • Tad Pena, Assistant Planner, Community Development Department PROCLAMATION - PURPLE HEART CITY [7:07:34]
Mayor Marquez asked Council Member Bennett to present a Proclamation proclaiming Chino Hills as a Purple Heart City to resident and Vietnam Veteran Ronnie Guyer.
Mr. Guyer thanked the City Council for the recognition, displayed his Purple Heart to the audience, and expressed how proud he was to be a Purple Heart recipient.
PROCLAMATION - NATIONAL FAMILY WEEK [7:12:24]
Mayor Marquez presented a Proclamation proclaiming November 20-26, 2022, as National Family Week to Community Services Coordinator II Vanessa Badosa.
Ms. Badosa spoke about the importance of family and friends, thanked Council for the acknowledgment, and encouraged members of the public to view the City's website for upcoming events in the City.
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FAMILY- HEALTHY CITIES POSTER AND ESSAY WRITING CONTEST WINNERS - THEME - "TOGETHER WE MAKE A FAMILY" [7:14:22]
Mayor Marquez recognized the winners of the Celebrate the Family Poster and Essay Writing Contest for the Highest School Participation and the Teacher Award as follows:
Loving Savior of the Hills Lutheran Church - Teacher Award - 100% Participation - Mrs. Negvesky, Teacher (not present)
Mayor Marquez presented Certificates of Recognition on behalf of the City, County Supervisor Hagman, Assembly Member Chen, Congresswoman Kim, and Senator Newman to the winners of the Celebrate the Family Poster and Essay Writing Contest.
Kindergarten
Kayla Lin First Place Loving Savior of the Hills Lutheran Church Penelope Juan Second Place Loving Savior of the Hills Lutheran Church Alina Valdiviejo Third Place Loving Savior of the Hills Lutheran Church Grades 1-3
Alex Hong First Place Wickman Elementary School Kaira Gupta Second Place Country Springs Elementary School Bella Zhang Third Place Gerald F. Litel Elementary School Grades 4-6
Jonathon Bao First Place Loving Savior of the Hills Lutheran Church Chloe Sun Second Place Wickman Elementary School Harmony Flores Third Place Oak Ridge Elementary School Grades 7-8
Isabella Salazar (not First Place Loving Savior of the Hills Lutheran Church present)
Bradyn Huntley (not Second Place Loving Savior of the Hills Lutheran Church present)
Chloe Nguyen Third Place Loving Savior of the Hills Lutheran Church
PRESENTATION - GENERAL STATE AND FEDERAL LEGISLATIVE UPDATES - TOWNSEND PUBLIC AFFAIRS [7:25:01]
Townsend Public Affairs, Senior Associate, Eric O'Donnell provided a PowerPoint presentation on State and Federal Legislative updates for 2022, including the passage of Senate Bill 1489 regarding the waiving of ordinance title readings statewide for cities, which the City of Chino Hills City Clerk's Office sponsored the language for, and provided forthcoming legislation for 2023, which is on file in the City Clerk's office.
PRESENTATION - CHINO VALLEY CHAMBER OF COMMERCE - ACCOMPLISHMENTS 2022 [7:43:48]
Zeb Welborn, Inland Valley Chamber of Commerce President provided a PowerPoint presentation on the Chino Valley Chamber of Commerce accomplishments for 2022:
Upskilling Chino Valley, Workforce Development, Entrepreneurship Development, Leadership Development, Economic Development and seven-year plan of program
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outcomes, future career awareness, return on investment and City investments. Lastly, he introduced Chino Valley Chamber of Commerce Board of Director Members Jeff Vaka, Reggie Thomas, Jim Gallagher, and staff members Sandy Graham and Nicole Tabatabai.
PUBLIC COMMENTS [7:59:16]
Cecil Howell, Chino Hills High School Student, spoke about how he and his siblings established a business"Citrus City"where they collect organic fruits from the community to redistribute them back into the community to help promote a healthier lifestyle, and stated how great the Chamber's Pitch Competition is for students to engage in entrepreneurship.
Jim Gallagher, resident, congratulated all the incumbents standing in the election and spoke about the Patriot Front signs along Pipeline Avenue and Chino Hills Parkway.
Luke Sholtis, Glen Meade Elementary School, stated that he is the owner of"Waxwork Scented Candles" and stated how the Chamber's Kid Entrepreneurship Fair helped him with his business, public speaking, and engaging with the public.
Suzette Dang, Hagman, congratulated the Council reorganization, new employees to the City, and the talented students who won awards this evening. She invited everyone the Curt Hagman's Christmas Open House on December 8th which will be located in the Chino Hills City Hall lobby, and that they are asking for reservations at supervisorhagman.eventbright.com or to (909) 465-5265 to get a proper headcount.
Lastly, she said that the Veterans Claims event was a successful event and wished everyone happy and blessed Thanksgiving.
Jenina Ramirez, Community Director of Tailored Space, stated that Chino Hills is their seventh site for executive office suites in the Inland Empire and thanked the Chino Valley Chamber of Commerce for being an excellent partner.
CONFLICT OF INTEREST ANNOUNCEMENTS
There was no conflict of interest announcements to record.
CITY DEPARTMENT BUSINESS
CONSENT CALENDAR [8:11:39]
Mayor Marquez announced the Consent Calendar items and asked Council if there were any items to pull.
Council Member Johsz thanked staff for allocating another $100,000 toward the Safe Routes to School project.
Mayor Marquez announced that Item Nos. 15, pertaining to the first quarter budget review, and 19, pertaining to the Chino Hills Local Roadway Safety Plan were pulled from the Consent Calendar for discussion and separate votes.
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A motion was made by Vice Mayor Rogers and seconded by Council Member Bennett to approve the following Consent Calendar items:
MINUTES
The City Council approved the October 25, 2022, City Council Regular Meeting Minutes, as presented.
PAYMENT REGISTER
The City Council ratified payments over $25,000 totaling $5,796,423.63 for the month ended October 31, 2022, as presented.
MONTHLY FINANCIAL REPORT
The City Council received and filed the monthly Financial Report for the month ended September 30, 2022, as presented.
INVESTMENT REPORT
The City Council received and filed the Investment Report for the month ended October 31, 2022, as presented.
ASSIGNMENT AND ASSUMPTION AGREEMENT - WIRELESS FACILITY (MYSTIC
CANYON)
The City Council approved the execution of the Assignment and Assumption Agreement with Sprint PCS Assets, L.L.C. (Sprint) and T-Mobile West LLC (T-Mobile) to assign Sprint's interest, rights, burdens, and obligations in License Agreement No. A03-109 to T-Mobile to operate the wireless communications site on the City's real property located at 6301 Mystic Canyon, Water Tank#R13, APN No. 1033-181-36.
EXEMPT SURPLUS LAND - 3295 EUCALYPTUS AVENUE - RESOLUTION
ADOPTED
The City Council adopted Resolution No. 2022R-090 of the City of Chino Hills, Determining One City-Owned Parcel Located at 3295 Eucalyptus Avenue on the Southwest Corner of Eucalyptus Avenue and Peyton Drive, Assessor Parcel Number 1032-221-05 to be Exempt Surplus Land Pursuant to Government Code Section 54221(f)(1)(A)and Determining the Project is Exempt From Review Under the California Environmental Quality Act (CEQA).
2022 EDITION OF CALIFORNIA FIRE CODE WITH ERRATA AND 2021
INTERNATIONAL FIRE CODE - ORDINANCE INTRODUCTION
The City Council (1) introduced an Ordinance entitled: "An Ordinance of the City of Chino Hills, Adopting by Reference and Amending the 2022 Edition of the California Fire Code With Errata, and the 2021 International Fire Code Regulating and Governing the Safeguarding of Life and Property From Fire and Explosion Hazards, Hazardous Materials, and From Conditions Hazardous to Life or Property in the Occupancy of Buildings and Premises; Providing for the Issuance of Permits and Collection of Fees; and Repealing and Replacing Chapter 8.16 of the City of Chino Hills Municipal Code in its Entirety' for first reading by title only and waiving further reading; and (2) set a public hearing to consider adoption of the ordinance for December 13, 2022.
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ANNUAL REPORTS AND SPECIAL TAX 2023 - COMMUNITY FACILITIES DISTRICTS NOS. 1, 2, 4, 5, 6, 8, 9 AND 10 - RESOLUTIONS ADOPTED The City Council (1) received and filed the annual reports for Community Facilities Districts No. 1, 2, 4, 5, 6, 8, 9, and 10 as outlined in Exhibit A to the written staff report on file in the City Clerk's office, pursuant to Government Code Section 53411; and (2) adopted (a) Resolution No. 2022R-091 of the City of Chino Hills, Acting in its Capacity as the Governing Body of Community Facilities District No. 1, Establishing the Annual Special Tax; (b) Resolution No. 2022R-092 of the City of Chino Hills, Acting in its Capacity as the Governing Body of Community Facilities District No. 2, Establishing the Annual Special Tax; (c) Resolution No. 2022R-093 of the City of Chino Hills, Acting in its Capacity as the Governing Body of Community Facilities District No. 4, Establishing the Annual Special Tax;(d) Resolution No. 2022R-094 of the City of Chino Hills, Acting in its Capacity as the Governing Body of Community Facilities District No. 5, Establishing the Annual Special Tax;(e) Resolution No. 2022R-095 of the City of Chino Hills, Acting in its Capacity as the Governing Body of Community Facilities District No. 6, Establishing the Annual Special Tax; (f) Resolution No. 2022R-096 of the City of Chino Hills, Acting in its Capacity as the Governing Body of Community Facilities District No. 8, Establishing the Annual Special Tax; (g) Resolution No. 2022R-097 of the City of Chino Hills, Acting in its Capacity as the Governing Body of Community Facilities District No. 9, Establishing the Annual Special Tax; and(h) Resolution No. 2022R-098 of the City of Chino Hills, Acting in its Capacity as the Governing Body of Community Facilities District No. 10, Establishing the Annual Special Tax.
ANNUAL COMPREHENSIVE FINANCIAL REPORT
The City Council received and filed the Annual Comprehensive Financial Report for the Fiscal Year ended June 30, 2022, as presented.
AGREEMENT - INVESTMENT MANAGEMENT AND ADVISORY SERVICES The City Council authorized the execution of a five-year Agreement No. A2022-253 with Chandler Asset Management, Inc. to provide investment management and advisory services in an amount up to $200,000 per year for an amount not-to-exceed $1,000,000 over five years.
NOTICE OF COMPLETION - WELL 15 REPAIRS
The City Council (1) accepted the Well 15 project by Purolite, an Ecolab Company, as complete; and (2) authorized the City Clerk to cause the Notice of Completion to be recorded.
CHANGE ORDER AND NOTICE OF COMPLETION - LOS SERRANOS
INFRASTRUCTURE IMPROVEMENTS SAFE ROUTES TO SCHOOL (EAST
PROJECT - RESOLUTIONS ADOPTED
The City Council (1) approved Change Order No. 2 to Agreement No. A2022-015 with Gentry Brothers Inc., in the amount of $100,510.58; (2) adopted Resolution No. 2022R-099 of the City of Chino Hills, Adopting a Budget Amendment for Fiscal Year 2022-23 Increasing the Measure I Fund Budget for the Los Serranos Infrastructure Improvements Safe Routes to School(East) Project by$102,000; (3) accepted the Los Serranos Infrastructure Improvements Safe Routes To School (East) project by Gentry Brothers Inc., as complete; (4) authorized the City Clerk to cause the Notice of Completion to be recorded; (5) adopted Resolution No. 2022R-100 of the City of Chino
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Hills, Authorizing Submittal of a Claim to the San Bernardino County Transportation Authority for Transportation Development Act Article 3 Funds For The Los Serranos Infrastructure Improvements Safe Routes to School (East) Project; and (6) authorized staff to file the final claim to the San Bernardino County Transportation Authority for the Transportation Development Act grant.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MORAN
ITEMS PULLED FROM CONSENT CALENDAR FOR DISCUSSION
FIRST QUARTER BUDGET REVIEW FOR FISCAL YEAR 2022-23 - RESOLUTION ADOPTED [8:12:19]
Mayor Marquez pulled the item for discussion and separate vote and asked the Finance Director to explain why funds are shifted around because the reporting seems unclear.
Finance Director Buhagiar stated that the Finance software is quite complicated and by moving funds from multiple funds into one regional pot of money makes things easier on the back end for staff. She said that it does look quite gruesome upfront but by increasing one fund and decreasing the other the net effect is zero in the long run.
Following discussion, a motion was made by Mayor Marquez and seconded by Council Member Johsz to adopt Resolution No. 2022R-101 of the City of Chino Hills, Adopting a Budget Amendment For Fiscal Year 2022-23 Increasing the Budget in Various Funds by$5,703,682.53 Based on the First Quarter Budget Review.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MORAN
CITY OF CHINO HILLS LOCAL ROADWAY SAFETY PLAN [8:14:25] Mayor Marquez pulled the item for discussion and separate vote and inquired why Carbon Canyon was not included in the Local Roadway Safety Plan.
Public Works Director Bobadilla stated that this safety plan is a high level of review for city streets to identify potential safety and hazards in the City. He said by completing this plan it helps the City qualify for grants. He stated that Carbon Canyon is part of Caltrans, and they own and maintain Carbon Canyon, not the City.
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Following discussion, a motion was made by Mayor Marquez and seconded by Council Member Johsz to receive and file the City of Chino Hills Local Roadway Safety Plan, as presented.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MORAN
DISCUSSION CALENDAR ITEMS
TERMINATING LOCAL EMERGENCY DECLARATION RELATED TO COVID-19 - RESOLUTION [8:16:10]
City Manager Montgomery briefed the Council on the report, which is on file in the City Clerk's Office. He said that staff is proposing to terminate the emergency declaration and closing out the administrative orders for relaxed banners, special events, and outdoor dining provisions, and that anyone with permits starting January 1, 2023, are subject to expiration. He stated that staff also recommends that the City stop charging the processing fees for garage and yard sale permits, but to continue to monitor them with restrictions and limitations per year.
Following discussion, a motion was made by Council Member Johsz and seconded by Vice Mayor Rogers to (1) adopt Resolution No. 2022R-102 of the City of Chino Hills, Terminating the Local Emergency Declared as a Result of the COVID-19 Pandemic and Determine that Such Resolution is Exempt from Review Under the California Environmental Quality Act; (2) closeout administrative orders and permits starting January 1, 2023 that are subject to expiration; and (3) effective immediately, stop charging processing fees for garage and yard sales permits, but to continue to monitor them with restrictions and limitations per year.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MORAN
JAMES S. THALMAN CHINO HILLS BRANCH LIBRARY - CHILDREN'S LIBRARY PROJECT [8:20:46]
City Manager Montgomery briefed the Council on the report, which is on file in the City Clerk's Office. He introduced County Librarian Melanie Orosco and retired Nasa astronaut Dr. Jose Hernandez. Dr. Hernandez shared his personal stories and said that he was happy to inspire the next generation with the space travel theme in the library.
Ms. Orosco provided a PowerPoint presentation of the Chino Hills Intergalactic Children's space project at the library, which is on file in the City Clerk's Office.
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Following discussion, a motion was made by Vice Mayor Rogers and seconded by Council Member Johsz to approve the Children's Library Project at the James S.
Thalman Chino Hills Branch Library, as presented.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MORAN
Vice Mayor Rogers remarked that Dr. Jose Hernandez owns a winery and asked him to participate in the Chino Hills Wine Walk hosted by the Chino Hills Community Foundation as it is another means to give back to the community.
COMMUNITY SERVICES 2023 CITY EVENT CALENDAR [8:31:00]
A motion was made by Mayor Marquez and seconded by Vice Mayor Rogers to approve the Community Services 2023 City Event Calendar dates, as presented.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MORAN
PLANNING COMMISSION MATTERS
DESIGN REVIEW NO. 489 - 15478 ESTHER STREET [8:31:31]
Design Review No. 489 - 15478 Esther Street - Yuling Han on behalf of New Horizon Investment Group, LLC, applicant: The Planning Commission adopted a Resolution approving Design Review No. 489 for development of a new 1,303 square foot, one- story single-family residence with an attached 446-square foot, two-car garage, demolition of an existing 635-square foot garage and 258-square foot storage shed located at 15478 Esther Street, and determining the project is exempt from review under California Environmental Quality Act, subject to the Conditions of Approval.
There was no action taken on the foregoing Planning Commission item.
SITE PLAN REVIEW 22SPR02, CONDITIONAL USE PERMIT 22CUP01 - (HYDROGEN FUEL FACILITY) 3260 CHINO AVENUE [8:31:31]
Site Plan Review 22SPR02 and Conditional Use Permit 22CUP01 - 3260 Chino Avenue - The Fielder Group on behalf of Iwatani, applicant: The Planning Commission adopted a Resolution approving Site Plan Review 22SPR02, Conditional Use Permit 22CUP01 to allow a new Hydrogen (H2) fuel facility in the parking lot of an existing 76 service station and Circle K convenience store located at 3260 Chino Avenue within the
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Crossroads Entertainment Center, and determining the project is exempt from review under the California Environmental Quality Act, subject to Conditions of Approval.
Mayor Marquez stated that he serves on the San Bernardino County Transportation Authority Board and that hydrogen was one of the big issues and that placing these stations all over will cost a lot of money. He said that he was proud that Chino Hills was going to be one of the first cities to implement a hydrogen fuel facility within a year.
There was no action taken on the foregoing Planning Commission item.
PUBLIC HEARINGS
2022 CALIFORNIA CONSTRUCTION CODES - ORDINANCE ADOPTION [8:31:10] Building Official and Assistant Community Development Director Ward provided a PowerPoint presentation and briefed the City Council on the ordinance, which is on file in the City Clerk's Office.
Mayor Marquez opened the public hearing and asked if anyone wished to address the City Council on the matter, hearing none, he closed the public hearing.
Following discussion, a motion was made by Council Member Johsz and seconded by Council Member Bennett to introduce an Ordinance entitled: "An Ordinance of the City of Chino Hills, Repealing Chapter 15.04 of Title 15 of the City of Chino Hills Municipal Code and Establishing a New Chapter 15.04 of Title 15 Adopting by Reference and Amending the 2022 Editions of the California Building Code Volumes 1 and 2; 2022 California Plumbing Code; 2022 California Mechanical Code; 2022 California Electrical Code; 2022 California Residential Code; 2022 California Energy Code; and 2022 California Green Building Standards Code with Appendices and Amendments Thereto." (Introduced October 25, 2022)
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MORAN
WIRELESS CONDITIONAL USE PERMIT 21WCUP01 AND COMMUNICATIONS LICENSE AGREEMENT - AT&T WIRELESS COMMUNICATIONS FACILITY (4740 SOQUEL CANYON PARKWAY) [8:45:55]
City Manager Montgomery briefed the City Council on the report and introduced Planning Technician Brunetto who provided a PowerPoint presentation, which is on file in the City Clerk's Office, on the background of high ground facilities in open space, provided view/photo simulations, the project proposal, development standards, and height adjustment findings. She reported on existing stealth facilities within Chino Hills which consist of faux water tanks, trees, an obelisk, and windmill towers, and outlined the project benefits. She said that the applicant is proposing to locate on the highest point of the open space parcel located along Soquel Canyon Parkway.
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Mayor Marquez opened the public hearing and asked if anyone wished to address the City Council on the matter.
Julio Figueroa, AT&T Director of External and Legislative Affairs and Statewide Tribal Liaison, said that this proposed cell site is to triangulate cell service in the area and will aide in 911 services for all customers regardless of their service provider. He said that AT&T is embarking on a 25-year agreement with the Federal Government to maintain and upgrade the First Net Network to improve communications for all first responders.
He said they encourage other carriers to collocate and typically cell sites cover about two miles, and streetlights about 1,500 feet. He stated when AT&T deploys this type of infrastructure, they look to cities to pick the design and want to work with the City to improve coverage and capacity to all consumers and aide in public safety.
Jeff Vaka, resident, suggested to place the new cell site behind the new fire station that is about to be built so that the hills can remain untouched by infrastructure.
Following the comments, Mayor Marquez closed the public hearing.
A lengthy discussion ensued about the 5G effects and whether to create a written policy regarding cell site locations in the City.
Council Member Johsz made a motion to decline to enter into a Communications License Agreement with AT&T for City-Owned Open Space and adopt resolution denying the application for the Wireless Conditional Use Permit as moot.
The motion died due to lack of second.
Mr. Figueroa says that AT&T has not deployed any sites in the City yet and said that they would appreciate knowing whether they can deploy cell sites in the City from the beginning versus waiting for Council approval due to all the time, permitting, and money involved.
Assistant City Attorney Calciano said that Council may move to approve the item and could ask staff to come back to Council with options for cell site location policy in terms of going forward.
Following further discussion, a motion was made by Vice Mayor Rogers and seconded by Council Member Bennett to (1) authorize the execution by the City Manager of a Communications License Agreement with AT&T in an estimated annual lease amount of $59,153.18 subject to annual CPI increases for a 5-year term, renewable every five years for up to 30 years, for City-Owned Open Space at 4740 Soquel Canyon/Butterfield Trail Between Soquel Canyon Parkway and Torrey Pines Drive, subject to negotiation by the City Manager and approval as to form by the City Attorney; (2) adopt Resolution No. 2022R-103 of the City of Chino Hills, (1)Approving Wireless Conditional Use Permit No. 21 WCUP01 for the Development of an AT&T Wireless Communications Facility In City-Owned Open Space at 4740 Soquel Canyon Parkway Adjacent to the Soquel Canyon/Butterfield Trail Between Soquel Canyon Parkway and Torrey Pines Drive; (2) a Height Adjustment Up to 44 Feet 4 Inches Pursuant to Section 16.44.060(F); and
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(3) Determining That the Project is Exempt From Review Under the California Environmental Quality Act.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT
NOES: COUNCIL MEMBERS: JOHSZ
ABSENT: COUNCIL MEMBERS: MORAN
Further, a motion was made by Council Member Johsz and seconded by Vice Mayor Rogers to direct staff to return to City Council with a policy as to whether to continue opening its open space land to major wireless facilities, and if so, establish criteria that the Council prefers with respect to open space land uses.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MORAN
VEHICLE AXLE LIMITATIONS - CARBON CANYON ROAD - ORDINANCE INTRODUCTION [9:46:23]
Public Works Director Bobadilla introduced Deepak Kaushik, Principal Engineer from Iteris, Inc., who provided a PowerPoint presentation and briefed the City Council on the staff report, which are on file in the City Clerk's Office. Mr. Kaushik spoke about the truck restriction study of Carbon Canyon Road (SR-142). He spoke about completed and next steps which included drafting the initial report for Caltrans and drafting the Ordinance based on the report which was being presented at this meeting. He spoke about recent incidents, switchback video observations, and two potential options for restrictions and recommended restriction of vehicles with more than four axles. Lastly, he interpreted the vehicle axle limitations ordinance along with the five exceptions, such as refuse hauling vehicles and school buses that transport persons engaged in any type of school activity.
Council Member Johsz inquired about how the City will enforce the commercial vehicle restriction. Police Chief Goodell said that the Chino Hills Police Department (PD) will collaborate with California Highway Patrol (CHP) and post restrictive signs to help PD with issuing citations. Public Works Director Bobadilla stated that the City of Brea is on board with the same ordinance and enforcement, and that Caltrans will not move forward until both cities are committed to enforcement along Carbon Canyon.
Mayor Marquez opened the public hearing and asked if anyone wished to address the City Council on the matter.
Ronnie Guyer, resident, voiced his opinions on the truck traffic along Carbon Canyon.
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Mayor Marquez closed the public hearing.
Following discussion, a motion was made by Council Member Bennett and seconded by Council Member Johsz to introduce an Ordinance entitled: "An Ordinance of the City of Chino Hills, Adding Chapter 10.38 to Title 10 (Vehicles And Traffic) of the Chino Hills Municipal Code to Impose Vehicle Axle Limitations to Prohibit Vehicles with More Than Four Axles to be Operated on Carbon Canyon Road (State Route 142) and Finding the Ordinance Exempt from Review Under the California Environmental Quality Act." Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MORAN
PUBLIC INFORMATION OFFICER REPORT [10:03:06]
Public Information Officer (PIO) Freeman announced the following information:
• COVID-19 VACCINE AND TESTING
o Free County vaccine events will be held on Tuesday, December 6th and Wednesday, December 21st at the McCoy Equestrian & Recreation Center from 10:00 a.m. to 2:30 p.m.
o There will be no dedicated testing events, however, free rapid test kits will be available for pick-up at each of the vaccine events
Council Member Bennett inquired if the testing events will cover the new bivalent booster. PIO Freeman answered affirmatively.
• RECREATION NEWS
o Winter Recreation Guide and City News Brochure Now Available o Chino Hills Tree Lighting Ceremony - Saturday, December 3rd • Event is from 5:00 p.m. to 8:00 p.m. with the Ceremony, Tree Lighting and Santa's arrival at 6:15 p.m. - Photos with Santa will follow his arrival
o Chino Hills Boat Parade on Friday, December 16th
• Deadline to register your boat or other entry is Wednesday, November 30th
o Deadline to enter the 2022 Photo Contest is Friday, December 2nd • Winners will be awarded gift card prizes ranging from $50 to $250 • Learn more and enter online at www.chinohills.orq/PhotoContest o Community Park Rehabilitation Project - Phase 1 in progress ■ Fields 1-4 and the main park area will be unavailable for community use during this time, fields 5-6 are available for allocated use only • Full park closure beginning Monday, December 19th through February 3rd
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• Access to the Eucalyptus and McCoy Loop will remain open and parking will be available at the overflow parking lot located on the corner of Eucalyptus Avenue and Peyton Drive
• THANKSGIVING CLOSURES
o City facilities will be closed on Thursday, November 24th and Friday, November 25th for the Thanksgiving holidays
o The City will not issue street sweeping parking tickets from Wednesday, November 23rd through Friday, November 25th
SAFETY UPDATES - Police and Fire [10:04:53]
Police: Police Chief Goodell stated that Tuesday, November 8th, deputies conducted a traffic stop for a speeding violation on Soquel Canyon. He said that the driver was found to have two felony convictions and a vehicle search yielded two loaded handguns which turned out to be un-serialized ghost guns. The driver was arrested and transported to jail for felony possession of firearms. He stated that a subsequent search warrant was written for the suspects residence in Chino Hills and several un-serialized AR-15 type rifles and Glock handguns were located inside the residence. The suspect was manufacturing the firearms and selling them to generate income. On Friday, November 18th deputies received an Automated License Plate Reader (ALPR) notification of a stolen vehicle in Chino Hills. He said deputies searched for thirty minutes and located the occupied vehicle at Grand Avenue and Chino Hills Parkway.
A short pursuit ensued, and the driver and passenger began throwing items from the vehicle and eventually they crashed at Peyton Drive and Eucalyptus Avenue. Police Chief Goodell said that the female passenger fled on foot and the male driver stayed in the vehicle. Deputies searched the vehicle and recovered stolen mail and several items stolen from vehicle burglaries in Chino Hills. The female was found to be on active parole and the male was released from prison earlier that day; both subjects were arrested and transported to jail. Lastly, he reminded everyone that the holiday season is approaching and that the police department has increased active foot and bicycle patrol at shopping centers and increased proactive patrol time at The Shoppes. He said they will be utilizing plain clothed personnel to identify organized retail theft suspects to take into custody before they flee the scene.
Council Member Bennett asked Police Chief Goodell if he could speak about the tragic fatality that recently occurred on Peyton Drive. Police Chief Goodell said he could speak little of the incident and that it was a single occupied vehicle and was probably related to some distracted driving.
Council Member Bennett inquired about the radical political signs mentioned earlier by a resident. Police Chief Goodell said that their Community Service Officers brought the signs to his attention and that the City Manager's Office sent pictures of the signs. He said deputies went to the locations of the signs and that they had already been removed and that they notified the property owners of the nature of the signs. He stated that there were only two signs that PD were aware of in the City, and that they were not commercially produced signs, more homegrown. Police Chief Goodell said that they are actively pursuing an investigation on the matter with the Sheriffs Intelligence Division, and the Federal Bureau of Investigation (FBI) Joint Terrorism Task Force.
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Fire: Deputy Fire Chief Skibar stated that the Community Fire Station 68 Project is still in full swing with architectural renderings and elevations, and they will present them to Council once they are complete. He thanked Community Development Director Lombardo and Planning Manager Hofflinger for their efforts with the fire station plans.
He said that they filled the lead mechanic position with Tony Rivera, who has over 20 years of heavy equipment and apparatus experience. He said that the Clerk of the Board and Assistant to the Fire Chief positions have been made by the Fire Chief and are currently in the background phase. Lastly, he said as we all enjoy a great Thanksgiving meal, it is a safety message reminder to those using cooking appliances such as deep fryers, to use them outside on leveled surfaces, safe distances from structures and flammables, and to have an appropriate fire extinguisher nearby. He also said that the Fire Department receives a lot of Burn Call injuries and encourages people to review First Aid for burn injuries and prevention. Lastly, he announced the following upcoming events: Stuff the Boot, December 10th and 11th; Make a Child Smile on December 14th and Senior Delivery on December 6th and wished everyone a happy Thanksgiving.
Council Member Bennett asked Deputy Fire Chief Skibar if he would make a formal announcement of the reorganization of the leadership of the Fire Board. Deputy Fire Chief announced the unofficial election results reflecting a new Fire Board Member, Tom Haughey, and that the new Fire Board President is John DeMonaco and the Vice President is Harvey Luth.
COUNCIL REPORTS [10:10:42]
Vice Mayor Rogers
• CHINO BASIN DESALTER AUTHORITY BOARD
Vice Mayor Rogers attended the Chino Basin Desalter Authority Board meeting and said that the Board approved purchase orders for equipment and approved rights-of-way for some enhancements of equipment in the City of Jurupa. • CHINO HILLS COMMUNITY FOUNDATION BOARD
Vice Mayor Rogers said that he did not attend the Chino Hills Community Foundation Board meeting, first one he had missed in fourteen years. He said that Council Member Moran chaired the meeting in his absence and said that the Board reviewed financials and that the Foundation was in great shape. He said they approved $4,200 for Automated External Defibrillators (AEDs) to be placed in two locations throughout the City. He said one may be located at the Library and the other location is to be determined. Lastly, he said that the Board reviewed the Wine Walk successes and other various committee reports. • WATER FACILITIES AUTHORITY BOARD
Vice Mayor Rogers attended the Water Facilities Authority Board meeting and said that the Board reviewed and adopted an investment policy and added additional contributions to CaIPERS. Lastly, they approved a new Treasurer for the Authority and salary adjustments for a handful of employees at the Upland facility for cost of living and cafeteria plan increases.
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COUNCIL COMMENTS [10:13:32]
Johsz: Council Member Johsz thanked everyone who voted for him and reelecting him back into Council. He said that Black Friday is coming up after Thanksgiving and encouraged everyone to shop Chino Hills. Lastly, he wished Community Relations Analyst Fonacier and Senior Planning Analyst Brunetto a Happy Birthday.
Rogers: Vice Mayor Rogers reminded everyone about the boat parade on December 16th. He thanked Mayor Marquez for a successful year as Mayor. He said that he enjoyed reading the safety and accident reports that were compiled and that the City is addressing some of those issues and what areas are challenges throughout the City. He announced that a lot of Christmas events will be coming up and that everyone should check the City's website for all those activities. Lastly, he wished everyone a happy Thanksgiving.
Bennett: Council Member Bennett congratulated all three incumbents for being re- elected. He thanked Mayor Marquez for his year as Mayor and that he appreciates his involvement and leadership roles with the League of California Cities. He said that he attended another great Veterans Day event and that it was an emotional day, but also a nice day of remembrance. Lastly, he said to remember to be blessed to have meals and the means to donate to charitable organizations during the holiday seasons.
Marquez: Mayor Marquez said that being a Mayor is a big job and thanked his fellow Council members for their support and City staff for helping him succeed. He said that he spoke with all his fellow opponents and gave them advice to help them get more involved with the City. He wished everyone a happy Thanksgiving. He stated that it was a great salute to the Veterans Day event and thanked Council Member Bennett for his service. He thanked Community Development Director Lombardo and her staff for a great presentation at the General Plan Workshop.
Mayor Marquez asked that students in the audience introduce themselves.
Ruben S. Ayala High School Students said they were in attendance for their Government class project.
ADJOURN IN MEMORIAM AND IN HOPE
Mayor Marquez adjourned the meeting at 10:26 p.m. in memory of Donald "Bubba" Rhoades, Chief Engineer of The Shoppes at Chino Hills who passed away on November 9, 2022, at the age of 54. He extended his deepest sympathies to his wife Linda, and their two children Ariel and Hunter and all those in The Shoppes and in our community who were affected by his loss.
Council Member Bennett said that Bubba was a gentle giant, constantly smiling, and that he was an absolute wonderful man. He stated that his death was tragic and that he left far too early. He said god bless to Bubba and offered prayers to his family.
Vice Mayor Rogers said that he has known Bubba since 2008 and that his recent cataract surgery just went wrong. He said that he will be sadly missed and that he will be speaking at his memorial.
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Mayor Marquez stated that in all the years he knew Bubba that he never knew his real name was Donald. He said we'll miss you, Bubba.
Respectfully submitted,
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CHERYL em. CITY RK
APPROVED: December 13, 2022