2023-039
MINUTES
CITY COUNCIL
CITY OF CHINO HILLS
FEBRUARY 28, 2023
REGULAR MEETING
Mayor Rogers called the Closed Session to order 6:30 p.m. and requested City Clerk Balz to call roll.
PRESENT: COUNCIL MEMBERS: RAY MARQUEZ
PETER ROGERS
ART BENNETT
BRIAN JOHSZ
CYNTHIA MORAN
ABSENT: COUNCIL MEMBERS: NONE
ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER
MARK D. HENSLEY, CITY ATTORNEY
ELIZABETH CALCIANO, ASSISTANT CITY ATTORNEY
CHERYL BALZ, CITY CLERK
PUBLIC COMMENTS
There were no public comments.
RECESS TO CLOSED SESSION
Mayor Rogers declared the meeting recessed at 6:30 p.m. for Closed Session.
City Clerk Balz did not attend this portion of the meeting.
SIGNIFICANT EXPOSURE TO LITIGATION
Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(2) Significant Exposure to Litigation (1 Case)
CLOSED SESSION RECESS
Mayor Rogers recessed the Closed Session at 6:53 p.m.
CONVENE MEETING AND ROLL CALL
Mayor Rogers called the meeting to order at 7:00 p.m. and requested City Clerk Balz to call roll.
PRESENT: COUNCIL MEMBERS: PETER ROGERS
CYNTHIA MORAN
ART BENNETT
BRIAN JOHSZ
RAY MARQUEZ
CHINO HILLS CITY COUNCIL 2023-040
REGULAR MEETING FEBRUARY 28, 2023
ABSENT: COUNCIL MEMBERS: NONE
ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER
MARK D. HENSLEY, CITY ATTORNEY
CHERYL BALZ, CITY CLERK
JEREMY AULT, DEPUTY FIRE CHIEF, CHINO VALLEY FIRE
DISTRICT
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
MICHAEL HOFFLINGER, PLANNING MANAGER
JONATHAN MARSHALL, COMMUNITY SERVICES DIRECTOR
LYNNAE SISEMORE, ASSISTANT CITY CLERK
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by resident and Chino Valley Independent Fire District Board Member, Mike Kreeger.
INVOCATON
Led by Chaplain Robert Hilton, San Bernardino County Sheriffs Department.
I
PRESENTATIONS
RECOGNITION - 2023 DISTINGUISHED SCHOOLS PROGRAM - HIDDEN TRAILS ELEMENTARY SCHOOL [7:02:15]
Mayor Rogers presented certificates of recognition on behalf of the City, Congresswoman Kim, Senator Seyarto, Assemblyman Chen, and Supervisor Hagman to Principal Sura and Assistant Principal Lee recognizing Hidden Trails Elementary School as a 2023 Distinguished Schools Program winner.
Principal Sura thanked the Council for the recognition; said that Chino Hills is an amazing community; and spoke about Hidden Trails Elementary School's past and current academic achievements.
Assistant Principal Lee thanked the Council for the recognition and said it was an honor to grow up in Chino Hills and serve within the community.
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION [7:07:24] There were no reportable actions taken in Closed Session.
PUBLIC COMMENTS [7:07:43]
Suzette Dang, representing Supervisor Hagman's office, announced that Supervisor Hagman's office will be hosting a document paper shredding event at the Montclair City Hall parking lot on Saturday, March 11th from 9:00 a.m. to 12:00 p.m., or until the shredding event reaches capacity and that it is free to all San Bernardino County residents and pre-registration is not required, but recommended. Ms. Dang announced
CHINO HILLS CITY COUNCIL 2023-041
REGULAR MEETING FEBRUARY 28, 2023
that the County is seeking applications for Fourth District residents to fill three members for the Community Commission in the San Bernardino County District Attorney's Office.
She said for those interested in serving and making a difference in San Bernardino County and who reside in the Fourth District(Chino Hills, Chino, Montclair, Ontario, and portions of Upland), to submit a letter of interest, resume, and three references. For more information contact Supervisor Hagman's District office at (909) 465-5265.
Ronnie Guyer, resident, stated that he attended the Mayor's Prayer breakfast held today and gave praise to the event coordinators as well as to the guest speaker, former baseball player Darryl Strawberry.
CONFLICT OF INTEREST ANNOUNCEMENTS [7:12:24]
There were no conflict of interest announcements to record.
CITY DEPARTMENT BUSINESS
CONSENT CALENDAR [7:12:31]
City Clerk Balz announced that Item No. 8, regarding the Massage Ordinance is being pulled for discussion because it is being reintroduced due to requested modifications.
She said that the redlined version of the ordinance, email, and an attachment that were received today after the posting of the agenda have been distributed at the dais and are available in the public book..
111 Mayor Rogers announced the Consent Calendar items and asked the Council if there were any items to pull.
Hearing none, a motion was made by Council Member Marquez and seconded by Council Member Johsz to approve the following Consent Calendar items:
MINUTES
The City Council approved the February 14, 2023, City Council Regular Meeting Minutes, as presented.
PAYMENT REGISTER
The City Council ratified payments over$25,000 totaling $8,227,009.02 for month ended January 31, 2022, as presented.
MONTHLY INVESTMENT REPORT
The City Council received and filed the monthly Investment Report for the month ended January 31, 2022, as presented.
SPECIFIC PLAN SP22-01 AND ZONE CHANGE NO. 22ZC01 - POMONA RINCON
ROAD (BIZPARK) ORDINANCE ADOPTED
The City Council adopted Ordinance No. 393 of the City of Chino Hills, Adopting Specific Plan SP22-01 and Approving Zone Change No. 22ZC01 to Re-Zone a 19.72- Acre Vacant Property Located on Pomona Rincon Road From General Commercial (C-G) to Specific Plan SP22-01 - Second Reading (Introduced February 14, 2023).
CHINO HILLS CITY COUNCIL 2023-042
REGULAR MEETING FEBRUARY 28, 2023
MEMORANDUM OF UNDERSTANDING AGREEMENT- EDIBLE FOOD RECOVERY
PROGRAM ACTIVITIES
The City Council authorized the City Manager to execute a Memorandum of Understanding (MOU) Agreement No. A2023-039 with San Bernardino County Department of Public Health Environmental Health Services (EHS) for inspections, data, education and outreach, and enforcement of edible food recovery generators to ensure compliance with Senate Bill (SB 1383) through December 31, 2025.
TORT LIABILITY CLAIM HANDLING DELEGATION - CALIFORNIA JOINT POWERS
INSURANCE AUTHORITY - RESOLUTION ADOPTED
The City Council adopted Resolution No. 2023R-007 of the City of Chino Hills, Establishing a Policy Which Delegates Tort Liability Claims Handling Responsibilities to the California Joint Powers Insurance Authority as Authorized by Government Code Section 910, Et. Seq.
AGREEMENT - MICROSOFT SOFTWARE AND OFFICE 365 USER LICENSING The City Council (1) approved Microsoft as a sole source provider of Microsoft Software and Office 365 User Licensing per Chino Hills Municipal Code (CHMC) Section
3.18.050.B; (2) found the exception to competitive bidding procedures under CHMC Section 3.18.050.F applies because SoftwareOne, Inc. has an existing competitively bid cooperative contract through the County of Riverside, contract#PSA-0001530, and the contracting process utilized by the County of Riverside is substantially similar to the provisions of CHMC Chapter 3.18 - Contracting System, and further, waived the requirement that the cooperative competitive bidding process has occurred within the last thirty-six months pursuant to CHMC Section 3.18.050.1; and (3) authorized the City Manager to execute appropriate contracts and documentation Agreement No. A2023-040 with SoftwareOne, Inc., in an amount not-to-exceed $294,567 over a three-year term for the purchase of Microsoft Software and Office 365 User Licensing.
BID REJECTION - ROCK SPRINGS DRIVE PAVEMENT REHABILITATION
PROJECT
The City Council (1) rejected all bids received for the construction of the Rock Springs Drive Pavement Rehabilitation Project; and (2)authorized staff to revise the bid package and re-solicit bids for work that includes full-width pavement, asphalt grind and overlay, reconstruction of access ramps, speed humps, cross gutter and spandrels, installation of a video detection system, and pavement legends and markers.
AGREEMENT-CHINO HILLS PARKWAY PAVEMENT REHABILITATION PROJECT The City Council authorized Professional Services Agreement No. A2023-041 with BFK Engineers in the amount not-to-exceed $78,889 for the Chino Hills Parkway
CHINO HILLS CITY COUNCIL 2023-043
REGULAR MEETING FEBRUARY 28, 2023
Pavement Rehabilitation Project to rehabilitate pavement from westerly city limit to Carbon Canyon Road and State Route 71 east to Monte Vista Avenue.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION [7:13:14]
MUNICIPAL CODE AMENDMENT - CHAPTER 5.24 (MASSAGES) - ORDINANCE
RE-INTRODUCTION
City Clerk Balz read the item into the record and stated that the ordinance has been amended and is being re-introduced.
Assistant City Manager Hill stated that staff received an email from a local massage business requesting that the City revise several sections within the proposed ordinance.
He said after additional consultation with legal counsel, staff felt it was appropriate to recommend modifications to Section 13, subparagraph (M), which would allow employees other than massage therapists to perform non-massage related duties in the areas of business, which he said was previously omitted and were only allowed in the public waiting room and front desk area. He stated that this new provision will also allow employees to perform duties in the back office of the business to allow for restocking, cleaning and so forth.
Dave Friedeck, inquired if this new provision would apply to service workers and asked what the intent was in Section 14, Subparagraph (V), of the ordinance pertaining to window coverings in the interior waiting room.
Following discussion, a motion was made by Council Member Johsz and seconded by Council Member Bennett to reintroduce an Ordinance Entitled: "An Ordinance of the City of Chino Hills, Amending Chapter 5.24 (Massages) of the Chino Hills Municipal Code and Finding that the Ordinance is Not a Project Under the California Environmental Quality Act - with proposed changes to Subparagraph (M) of Section
5.24.100 for Re-introduction (Introduced February 14, 2023).
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
CHINO HILLS CITY COUNCIL 2023-044
REGULAR MEETING FEBRUARY 28, 2023
PUBLIC HEARING
SITE PLAN REVIEW NO. 22SPR03 - CONDITIONAL USE PERMIT 22CUP02 - MINOR VARIANCE 22MNV01 - GOSTOREIT SELF-STORAGE PROJECT [7:17:54] Senior Planner Gackstetter provided a PowerPoint presentation and briefed the City Council on the staff report, which is on file in the City Clerk's Office. He spoke about the development of a multi-story, indoor self-storage facility, (GoStorelt) consisting of 118,425-square foot building, 750-square feet of office space, 542-square foot lobby, 10,818-square foot parking garage on 106,315-square feet of gross storage area on vacant property located at the southeastern corner of Chino Hills Parkway and Monte Vista Avenue.
Discussion ensued with Council and staff regarding the proposed parking garage and covered parking, facility hours of operation, height of the adjacent apartment building, and trucks parking on the street in the area.
Mayor Rogers opened the public hearing.
Adam Lentz, Madison Capital Group, LLC, Partner (Applicant), stated that they own 85 storage facilities on a National basis. He said that they did their due diligence and informed the surrounding neighbors about the proposed development of a storage unit.
He stated that this site had been vacant for 40 years and that the Madison Capital Group is mindful about where they locate, and that they avoid prime intersections and revenue generating areas. Mr. Lentz said that they are committed to making this a meaningful investment and want to go to great lengths to exceed in some development standards, such as, improvements in the public right-of-way, curb, gutters, sidewalks, streetlights, fire hydrants, and waterline extensions. Lastly, he said that he hopes that Council will consider approving the storage facility.
Discussion ensued with Council and Mr. Lentz about a freight elevator, size of units and overall height of the building. There were no other public comments.
Mayor Rogers closed the public hearing.
Following discussion, a motion was made by Council Member Bennett and seconded by Council Member Johsz to adopt Resolution No. 2023R-008 of the City of Chino Hills Approving Site Plan Review 22SPR03, Conditional Use Permit 22CUP02, and Minor Variance 22MNV01 for the Development of an Indoor Self-Storage Facility at the Southeastern Corner of Chino Hills Parkway and Monte Vista Avenue and Determining
CHINO HILLS CITY COUNCIL 2023-045
REGULAR MEETING FEBRUARY 28, 2023
That the Project is Exempt from Review Under the California Environmental Quality Act.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
PUBLIC INFORMATION OFFICER REPORT [07:32:17]
Public Information Officer(PIO) Freeman announced the following information:
• RECREATION NEWS
o Community Park Rehabilitation Project Phase 1 is complete • Park has reopened to the public and phase 2 will begin tomorrow and last through August
• Minor work will be performed throughout the park during Phase 2 however there will be no park or parking lot closures during this time
o Registration is now open for Spring events
o Adult Easter Egg-Scramble - March 24th at 6:30 p.m. at Community Park
• Adults 18+ hunt for easter eggs in the dark for a chance to win prizes
o Pancake Breakfast with the Bunny - April 1st from 9:00 a.m. to 11:00 a.m. at Community Center
o Easter Egg-Citement - April 8th from 10:00 a.m. to 1:00 p.m. at Community Park
• Event includes egg-hunts for all age levels, photos with the Easter Bunny, crafts, a craft fair and more
• For children with any special needs, there will be a smaller, more-controlled egg hunt in a designated area at the event where children can gather eggs at their own pace and more accessible areas for children in wheelchairs
• A family friendly event is free to attend and no registration is required
• To learn more about upcoming events, visit www.chinohills.orq/Events
SAFETY UPDATES - Fire and Police [09:30:02]
Fire: Deputy Fire Chief Ault announced that the Fire District is continuing to work with City staff in the development of Fire Station 68. He reminded the community that sandbags are available at Fire Stations 62 (Butterfield Ranch/Sage Brush) and 64 (Carbon Canyon).
CHINO HILLS CITY COUNCIL 2023-046
REGULAR MEETING FEBRUARY 28, 2023
Police: Police Chief Goodell stated on Tuesday, February 21 st that Deputies located a white Nissan Sentra near Los Serranos Country Club suspected of being involved in catalytic converter thefts. He said a traffic stop was conducted and two male suspects, one of which was on probation were both contacted inside the vehicle and are Chino Hills residents. He said evidence of catalytic converter theft was located in the vehicle including sawzalls and cutoff blades, and that the two men were transported to the West Valley Detention Center for booking after arrest. On Monday, February 27th, Deputies responded to The Shoppes about a report of organized retail theft by four male suspects. The Deputies located the suspects in a Red Nissan Altima with stolen property from Pac Sun, Sephora, and Bath and Body Works. The suspects were also identified as the same suspects earlier in the week who had stolen from Old Navy. He said all four suspects were arrested and that there is currently an ongoing investigation for other related thefts in surrounding cities. Lastly, he reminded residents and tourists who will visit the Chino Hills State Park Flower Bloom this season to please park in the designated parking areas to obey all the temporary traffic controls that are in place.
COUNCIL REPORTS [07:35:54]
Council Member Marquez
• CAL CITIES (LEAGUE OF CALIFORNIA CITIES)
Council Member Marquez congratulated Council Member Johsz for being appointed to the Governance Transparency and Labor Relations Committee. He said that the next policy committee meetings will occur on March 16th and 17th.
He announced the following Cal Cities Conferences/Meetings: Planning Commission Academy, March 29-31, 2023; Leaders' Summit, April 14-15, 2023; Policy Committee Meeting, June 22-23, 2023; Cal Cities Annual Conference, September 20-22, 2023 (Sacramento); League Leaders Conference, November 29 through December 1; and Leadership Seminar, December 13-14, 2023 (Mission Bay Resort). o BOARD OF DIRECTORS
Council Member Marquez attended the Cal Cities (League of California Cities) Board of Directors meeting and said talked about four priorities to protect and expand investments to prevent and reduce homelessness legislation: (1) they discussed Assembly Bill 799 (Rivas): Homelessness Accountability and Results Act; Assembly Bill 550 (Schiavo) Homelessness: public hearings; (2) discussed increased supply and affordability at housing while retaining local decision making or local control; Senate Bill 4 (Wiener): planning and zoning: housing development: higher education institutions and religious institutions; and Assembly Bill 510 (Jackson) Local Land Trusts. He noted that there were no additional funds in the budget this year as the State is in a $22 billion deficit; (3)the Public Safety Committee discussed Assembly Bill 23:Theft:
shoplifting: amount, which lowers the amount for petty theft from $950 to $400; Assembly Bill 75 (Hoover) Shoplifting: increased penalties for prior crimes; and Assembly Bill 329 (Ta) Crime: penalties for shoplifting and petty theft; and Assembly Bill 335 (Alanis) Proposition 47: repeal; (4) they
CHINO HILLS CITY COUNCIL 2023-047
REGULAR MEETING FEBRUARY 28, 2023
discussed the safeguard essential local revenues and support of fiscal sustainability, Assembly Bill 52 (Grayson)Sales and Use Tax Law budget, the shortfall budget of$22.5 billion, and the ballot measure known as the California Business Roundtable Initiative, which qualified for the November 2024 ballot. He said that Cal Cities and that along with local coalitions of local governments, Labor, Public Safety, Education, and Infrastructure that they advocates strongly oppose this initiative that will restrict local authority to raise revenues for local services and will jeopardize existing revenues for some communities. He said Chino Hills was not listed in a report that he received from Cal Cities and asked that the Chino Hills Legislative Advocacy Committee review and hopefully oppose this initiative. He spoke about CitiPAC, the League of California Cities Political Action Committee, which advocates for cities and protects local control at the ballot box. He said that there are several ballot measures in 2024, looming with the potential to greatly impact cities.
COUNCIL COMMENTS [07:40:42]
Bennett: Council Member Bennett inquired about the traffic collision that occurred today at Peyton Drive and Olympic View Drive and that traffic lights were out for quite some time and asked if it had been resolved. Public Works Director Bobadilla replied that the collision occurred this morning, that staff resolved the issue with Southern California Edison and that the power was restored at about 4:30 p.m.
Johsz: Council Member Johsz thanked staff for coordinating Student Government Day and said it was great to witness bright students interested in government. Lastly, he said Governor Newsom ended the COVID-19 Executive Order emergency declaration today.
Marquez: Council Member Marquez stated that he was invited to the Metropolitan Water District's (MWD) trip to the lower Colorado River and said that he experienced a quicksand incident in the Salton Sea. He said the science behind the watering of crops that are being grown in Coachella Valley is just amazing. He stated that he toured three or four water districts and learned about their special ways of using water, planting crops, and how they conserve their water. Lastly, he said that seven states get to use the MWD water, plus Mexico and tribal reservations.
Rogers: Mayor Rogers highlighted a new business at The Shoppes, Brunk's Butchery, who had a presence at the Wine Walk in October. He said they are finally open and that they have high end meats, spices, and cheeses and also serve a mini lunch menu.
The location is where Smash Burger used to be, and that they will soon join the Chino Valley Chamber of Commerce. Lastly, he commended the team that put together the Mayor's Prayer breakfast this morning, and said it was a wonderfully run and well- attended event.
CHINO HILLS CITY COUNCIL 2023-048
REGULAR MEETING FEBRUARY 28, 2023
ADJOURN IN MEMORIAM AND IN HOPE [7:45:37]
Mayor Rogers adjourned the meeting at 7:45 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,
04-0.4114110
CHER 10 , CITY CLERK
APPROVED: March 14, 2023