2023-138
Il MINUTES
CITY COUNCIL
CITY OF CHINO HILLS
JUNE 27, 2023
REGULAR MEETING
Mayor Rogers called the Closed Session meeting to order 5:30 p.m. and requested City Clerk Balz to call roll.
PRESENT: COUNCIL MEMBERS: PETER ROGERS
CYNTHIA MORAN
ART BENNETT
BRIAN JOHSZ
RAY MARQUEZ
ABSENT: COUNCIL MEMBERS: NONE
ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER
MARK D. HENSLEY, CITY ATTORNEY
CHERYL BALZ, CITY CLERK
PUBLIC COMMENTS
There were no public comments.
RECESS TO CLOSED SESSION
Mayor Rogers declared the meeting recessed at 5:30 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 5:55 p.m.
CONVENE MEETING AND ROLL CALL
Mayor Rogers called the regular meeting to order at 6:00 p.m. and requested City Clerk Balz to call roll.
PRESENT: COUNCIL MEMBERS: PETER ROGERS
CYNTHIA MORAN
111 ART BENNETT
BRIAN JOHSZ
RAY MARQUEZ
ABSENT: COUNCIL MEMBERS: NONE
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ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER
MARK D. HENSLEY, CITY ATTORNEY
CHERYL BALZ, CITY CLERK
DANIEL BOBADILLA, PUBLIC WORKS DIRECTOR
CHRISTA BUHAGIAR, FINANCE DIRECTOR
JESSICA CONTRERAS, DEPUTY CITY CLERK II
DAVID CRABTREE, INTERIM COMMUNITY DEVELOPMENT
DIRECTOR
BRANDON FONACIER, COMMUNITY RELATIONS ANALYST
NICOLE FREEMAN, PUBLIC INFORMATION OFFICER
GARTH GOODELL, CHIEF OF POLICE, CHINO HILLS
ROD HILL, ASSISTANT CITY MANAGER
NICHOLAS LIGUORI, COMMUNITY DEVELOPMENT
DIRECTOR
JONATHAN MARSHALL, COMMUNITY SERVICES DIRECTOR
LYNNAE SISEMORE, ASSISTANT CITY CLERK
DAVE WILLIAMS, FIRE CHIEF, CHINO VALLEY INDEPENDENT
FIRE DISTRICT
PLEDGE OF ALLEGIANCE TO THE FLAG [01:17]
Led by Mayor Rogers.
INVOCATION [01:45]
Led by Father Joseph Pilotin, St. Paul the Apostle Catholic Church.
PRESENTATIONS
INTRODUCTION - NEW EMPLOYEES [03:30]
Mayor Rogers introduced the new Community Development Director Nicholas Liguori and welcomed him to the Chino Hills Team. Community Development Director Liguori said that he was thrilled to be able to serve the Chino Hills community and that the City has done well in terms of its development by balancing the changing needs of the community and the scenic open space.
INTRODUCTION - CHINO HILLS LIBRARY NEW EMPLOYEES [07:10] Mayor Rogers introduced the new Manager Griselda Flores and Assistant Manager Christina Morita from the James S. Thalman Chino Hills Branch Library. Ms. Flores and Ms. Morita thanked Council for the introduction and said they look forward to working with the City and the community by introducing new programs and hosting library events.
INTRODUCTION - SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT DEPUTIES [11:10]
Mayor Rogers welcomed Chino Hills Police Chief Goodell to the podium who introduced the following new Deputies and welcomed them to the Chino Hills Team:
• Dustin Leonard
• Abel Duran
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• Jeron Radcliffe
• Kaelan Johnson
• Hector Rodriguez
• Stephanie Ortega
• Jake Dances
RECOGNITION - COUNTRY SPRINGS ELEMENTARY ODYSSEY OF THE MIND TEAM [13:56]
Mayor Rogers presented certificates of recognition on behalf of the City, Congresswoman Kim, Senators Newman and Seyarto, Assembly Member Chen, and County Supervisor Hagman, to the Country Springs Elementary Odyssey of the Mind Team for winning second place in the State Tournament. Catherine Osman, Team Coach, thanked the Council for the recognition and spoke of the Odyssey program and the team's accolades.
Sabrina Jang, a 6th grader, said that the Odyssey of the mind program was fun and made them think of creative ways to solve problems and that she made new friends during the program.
HIGHLIGHTED VOLUNTEER - TEEN ADVISORY BOARD AD HOC COMMITTEE [25:36]
Mayor Rogers presented certificates of recognition on behalf of the City, Congresswoman Kim, Senators Newman and Seyarto, Assembly Member Chen, and County Supervisor Hagman to the Teen Advisory Board (TAB) Ad Hoc Committee for volunteering their time and establishing the program. Priyana Javeri thanked the Council for the support and said that she is ready to get the committee started. Nicole Torres thanked Jacob Velasco and Parks and Recreation Commissioner Holtkamp for the creation of the committee. Commissioner Holtkamp said that it was her privilege to work on the creation of the TAB committee and that she looks forward to the committee serving the teens of the community.
Council Member Marquez thanked Commissioner Holtkamp for agreeing to assist with the creation of TAB. He also said that he was proud of Ms. Torres and how articulate she is and looks forward to her contributions to the TAB committee.
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION [32:07]
There was no reportable action taken in Closed Session
PUBLIC COMMENTS [32:19]
Suzette Dang, representing Supervisor Hagman's office, spoke about the success of the annual job fair and expressed their appreciation of the many partnerships that made the event successful. She also stated that for any County related questions, or to sign-up for the County newsletter, to please call the District Office at (909) 465-5265.
Julia Cabrera, Chino Valley Chamber of Commerce Community Engagement Director, spoke regarding the success of the Taste of Chino Valley held at The Shoppes.
Ms. Cabrera announced upcoming events for July and August which include: an
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economic forecast to be held at The Richard Nixon Library on July 13th; the Annual Business Awards Dinner on July 27th; The First Annual Women's Conference on August 10th; and the Innovation Council and Chino Valley Leadership Collaborative Graduation on August 27th.
CONFLICT OF INTEREST ANNOUNCEMENTS [32:10]
There was no conflict of interest announcements to record.
CITY DEPARTMENT BUSINESS
CONSENT CALENDAR [36:38]
Mayor Rogers announced the Consent Calendar items and asked the Council if there were any items to pull.
Council Member Marquez pulled Item No. 13, pertaining to new position titles and job descriptions for City staff and Vice Mayor Moran pulled Item No. 22, pertaining to the maintenance agreement for day porter custodial services for discussion and separate vote.
A motion was made by Council Member Bennett and seconded by Council Member Johsz to approve the following Consent Calendar items:
MINUTES
The City Council approved the June 13, 2023, City Council Regular Meeting Minutes, as amended.
CITY OFFICIAL REPORT
The City Council received and filed the City Official Report for the period of June 13, through June 26, 2023, as presented.
PAYMENT REGISTERS
The City Council ratified payments over $25,000 totaling $6,277,394.87 for the month ended May 31, 2023, as presented.
INVESTMENT REPORT
The City Council received and filed the Investment Report for the month ended May 31, 2023, as presented.
AGREEMENT AMENDMENT - ONLINE MERCHANT SERVICES
The City Council (1) authorized the City Manager to negotiate and execute Amendment No. 2 to Agreement No, A2021-234 with Tyler Technologies, Inc., in substantially the final form attached to the written staff report on file in the City Clerk's office, to select Tyler Payments to manage over-the-counter and online merchant services, including fee handling and receipting, at a cost of $1,260, an annual fee of $360, and pass- through customer service fees, subject to approval as to form by the City Attorney; and (2) authorized the City Manager, in his discretion, to execute any or all of the optional items with Tyler as indicated in Exhibit 1 of the proposed Amendment No. 2 for an additional amount not-to-exceed $84,351. Optional items include, but are not limited to,
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software modules such as Enterprise Service Requests, additional user licensing requirements and professional service fees associated with implementation.
ADMINISTRATIVE POLICIES AND PROCEDURES UPDATES
The City Council approved the following updates to the Administrative Policies and Procedures Manual: (1) renamed Section 8.3 - "Environmentally Preferable Procurement Policy" to "Recovered Organic Waste Product Procurement"; (2) adopted revised Section 8.3 - Recovered Organic Waste Product Procurement as required by Senate Bill (SB) 1383; and (3) adopted revised Section 4.5 - Fund Balance.
DONATION - CROSSROADS PARK IMPROVEMENTS PROJECT - RESOLUTION
ADOPTED
The City Council (1) accepted a donation from the Chino Hills Community Foundation in the amount of $25,000 for the Crossroads Park Improvements Project; (2) adopted Resolution No. 2023R-042 of the City of Chino Hills, Adopting a Budget Amendment for Fiscal Year 2022-23 Increasing the General Fund Budget for the Crossroads Park Improvements Project By $25,000; and (3) found that the proposed project is categorically exempt from the requirements 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).
WRITE-OFF OF UNCOLLECTIBLE UTILITY ACCOUNTS - RESOLUTION ADOPTED The City Council (1) authorized the write-off of $97,566.31 in uncollectible utility accounts receivable and $22,794.39 in general accounts receivable for a total of$120,360.70 incurred prior to May 31, 2022; and (2) adopted Resolution No. 2023R-043 of the City of Chino Hills, Adopting a Budget Amendment for Fiscal Year 2022-23 Increasing the Budget in Various Funds by $145,509.81 for the Write-Off of Uncollectible Accounts.
ANNUAL LEVY OF SPECIAL TAXES - COMMUNITY FACILITIES DISTRICT NO. 2015-1 (VILA BORBA) - RESOLUTION ADOPTED
The City Council adopted Resolution No. 2023R-044 of the City of Chino Hills, Acting as the Legislative Body of Community Facilities District No. 2015-1 (Vila Borba), Authorizing the Annual Levy of Special Taxes for Fiscal Year 2023-24.
AGREEMENT - SERVICE AND REPAIR OF CATERPILLAR EQUIPMENT The City Council (1) approved Quinn Company as a sole source provider for the service and repair of Caterpillar equipment per Chino Hills Municipal Code (CHMC) Section
3.18.050.B, thus dispensing with the competitive bidding procedures of CHMC Chapter
3.18 - Contracting System; and (2) awarded Agreement No. A2023-124 to Quinn Company dba Quinn Power Systems to provide service and repair of Caterpillar equipment estimated at $100,000 per year for a total contract amount not-to-exceed $500,000.
AGREEMENT - RAMONA AVENUE WATER MAIN REPLACEMENT PROJECT The City Council (1) awarded Agreement No. A2023-125 to Onward Engineering in the amount of $112,074.00 for engineering design services for the Ramona Avenue Water Main Replacement project; and (2) found that the proposed project has been
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determined to be exempt as a Class 1(b) Categorical Exemption (existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewage, or other public utility services), pursuant to Section 15301 of Guidelines for the California Environmental Quality Act of 1970, as amended, Public Resources Code Section 21000 et seq.
AGREEMENT - SIERRA VISTA DRIVE (WEST) AND DEL NORTE AVENUE (NORTH) IMPROVEMENTS PROJECT
The City Council (1)awarded Agreement No. A2023-126 to Onward Engineering in the amount of $72,336 for engineering design and construction management services for the Sierra Vista Drive (West) and Del Node Avenue (North) Improvements project; and (2) found that the proposed project has been determined to be exempt as a Class 1(b) Categorical Exemption (existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewage, or other public utility services), pursuant to Section 15301 of Guidelines for the California Environmental Quality Act of 1970, as amended, Public Resources Code Section 21000 et seq.
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
RECLASSIFICATIONS, JOB DESCRIPTIONS, AND SALARY RANGES - RESOLUTION ADOPTED [37:33]
Council Member Marquez pulled this item for separate discussion and vote. He stated that he has a difficult time approving the item without the salary surveys being attached to the staff report.
City Manager Montgomery provided information regarding contract negotiations and stated that off-cycle salary adjustments are typically brought forth during the budget process and is consistent with the City's process. Council Member Marquez asked what the number associated with the increase is and City Manager Montgomery responded that there are proportions of the existing job titles where ranges of their salaries are increasing, and the change was written into the budget when presented.
Council Member Marquez restated that he cannot approve the item without a salary survey and all of the information that he needs to make a decision.
Vice Mayor Moran asked City Manager Montgomery to clarify that the items were outlined in the budget presentation and City Manager Montgomery confirmed it was outlined during the budget workshop and the budget session. Vice Mayor Moran stated that it was a formality to have the item included on the Consent Calendar and City
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Manager Montgomery stated that it is a way to memorialize the change in the job descriptions.
Following discussion, a motion was made by Council Member Johsz and seconded by Council Member Bennett to authorize the City Council to (1) approve position titles and job descriptions for the following: Capital Projects and Facilities Superintendent, Community Services Manager, and Human Resources Supervisor; and (2) adopt Resolution No. 2023R-045 of the City of Chino Hills, Approving Salary Ranges for Capital Projects and Facilities Superintendent, Community Services Manager, Human Resources Supervisor, Senior Account Technician, Account Technician I/Il, Utility Billing Account Technician I/I1, Payroll Technician, Maintenance and Operations Manager, and City Clerk, and Determining That This Action is Exempt From the California Environmental Quality Act.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ NOES: COUNCIL MEMBERS: MARQUEZ
ABSENT: COUNCIL MEMBERS: NONE
AGREEMENT - DAY PORTER CUSTODIAL SERVICES [41:58]
Vice Mayor Moran pulled this item for separate discussion and vote. She said that she is elated that the City is continuing contracting with Anthesis Services for custodial services and asked staff to discuss the program. City Manager Montgomery stated that Anthesis provides the opportunity for disabled persons to have meaningful work and they bring joy to the City employees.
Following discussion, a motion was made by Vice Mayor Moran and seconded by Mayor Rogers to authorize the execution of a five-year maintenance Agreement No. A2023-127 with Anthesis Services to provide day porter custodial services estimated at $200,000 per year for a total contract amount not-to-exceed $1,000,000.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
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DISCUSSION CALENDAR
MUNICIPAL CODE AMENDMENTS - VARIOUS SECTIONS - ORDINANCE INTRODUCTION [44:02]
City Clerk Balz presented the report, which is on file in the City Clerk's Office, to consider amending various sections in the Chino Hills Municipal code to conform with current practices including certain procedures, holidays, and enforcement authority.
Following discussion, a motion was made by Council Member Marquez and seconded by Vice Mayor Moran to introduce an Ordinance Entitled: "An Ordinance of the City of Chino Hills, Amending Various Sections in the Chino Hills Municipal Code to Conform With Current Practices Including Certain Procedures, Holidays, Enforcement Authority and Determining the Project is Exempt From Review Under the California Environmental Quality Act" for first reading by title only and waiving further reading.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
MUNICIPAL CODE AMENDMENTS - CLAIMS FOR DAMAGES AND CITY PAYMENTS - ORDINANCE INTRODUCTION [45:46]
City Clerk Balz presented the report, which is on file in the City Clerk's Office, to consider amending, renumbering, and deleting several sections of the Municipal Code as it relates to claims for damages and city payments.
Following discussion, a motion was made by Council Member Johsz and seconded by Council Member Marquez to introduce an Ordinance Entitled: "An Ordinance of the City of Chino Hills Amending Chapter 3.08 Claims Against the City in its Entirety, Adding Chapter 3.09 "City Payments,"and Renumbering Sections 3.08.080 Through 3.08.120 to 3.09.010 Through 3.09.050, Deleting Sections 3.08.130 Through 3.08.150, and Finding This Action Exempt From Review From the California Environmental Quality Act" for first reading by title only and waiving further reading.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
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AGREEMENT AMENDMENT - CITY DEVELOPMENT FEES ASSOCIATED WITH 111 FIRE STATION 68 PROJECT [48:03]
City Manager Montgomery provided a PowerPoint presentation and briefed the City Council on the staff report, which is on file in the City Clerk's Office. He discussed Chino Valley Independent Fire District's request for the City to pay all, or a portion, of the $176,314 in fees associated with the Fire Station 68 Project.
Council Member Marquez stated that both he and Council Member Johsz served on the Fire Board for several years and during his tenure they added a fourth station in Chino and the training center. He said that he is very proud of their organization. Council Member Marquez stated that he is open to paying the total amount requested.
Council Member Johsz inquired about the original contract negotiations and if these fees were considered at that time. City Manager Montgomery said that the agreement stated that the Fire District would cover the fees, but with no specificity.
Council Member Bennett stated that at a minimum he would like to waive all of the indirect fees, but he would also support Council Members Marquez's request to waive all of the fees.
Both Vice Mayor Moran and Mayor Rogers concurred with covering all of the fees.
Council Member Marquez noted that construction costs have drastically increased and that he would like to assist in any manner to help the Fire District build the station.
Fire Chief Williams said that he greatly appreciated the consideration of the Council as constructions costs have increased and any assistance the City can provide would be of great value.
Following discussion, a motion was made by Council Member Marquez and seconded by Council Member Bennett for the City to pay the full sum of $176,314 in fees associated with the Fire Station 68 project for the environmental review, land use entitlement, development impact and building permit and to authorize the City Manager to negotiate and execute an amendment to the Property Transfer and General City Facilities Development Impact Fee Payment Agreement A2021-004 providing that the City pay for the fees subject to approval as to form by the City Attorney.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Council Member Bennett stated that the Chino Valley Fire District is a wonderful department and has excellent response times.
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HOMELESS OUTREACH AND INTERVENTION SERVICES UPDATE [01:04:21] Assistant City Manager Hill briefed the City Council on the staff report, which is on file in the City Clerk's Office and introduced Aaron Petroff, Vice President of Social Work Action Group (SWAG), who provided a PowerPoint presentation and spoke about those they serve, targeting those who are not asking for help due to mental illness and substance abuse. He stated that SWAG's mission is to advocate, educate, and inspire for those that cannot do that for themselves. Mr. Petroff thanked Police Chief Goodell for keeping the community safe.
Mr. Petroff introduced his team: David Reyes, Monica Sapien, Travis VanNorman, Laurissa Call, Henry Rodriguez, and Bruck Zecarias.
Vice Mayor Moran stated that the Chino Hills Police Department does great work with the HOPE program and that the partnership with SWAG is an added benefit. She suggested that if residents have a family member or friend who needs assistance to reach out to the City Manager's office or the Chino Hills Police Chief for support. Vice Mayor Moran asked if SWAG has reached out to Omnitrans for bus passes and Mr.
Petroff stated that is not a current mechanism they use as the team prefers to take the person straight to the resource, so they do not go off track.
Council Member Marquez thanked SWAG for their time and efforts. He asked if CARE Court and Laura's Law will help SWAG in the future to work with individuals. Mr. Petroff stated that unless someone has been deemed a 5150, or is under conservatorship, that it is their choice whether to receive the help that is being offered. He stated that they look forward to assisting people using additional tools such as Laura's Law and CARE Court when applicable, for those that are unable to help themselves. Council Member Marquez stated that he is excited about what SWAG does in our city and for them to keep up the good work.
Council Member Johsz stated that the homeless in the community are people that need a softer hand, and he thanked SWAG for the work they are doing and said it is a blessing to have them in the community.
Council Member Bennett stated that the City of Chino Hills would like to be proactive with the homeless situation and keep the numbers low through partnerships such as SWAG. He said that he is looking forward to the impact that SWAG is going to make in the community.
Mayor Rogers stated that he is glad that SWAG is working in the City and looks forward to the teamwork on assisting individuals who are searching for direction.
Council Member Marquez stated that he sits on the Metrolink Board of Directors and that almost on a weekly basis a couple of people decide to stand in front of a train to end their life and he asked SWAG to make sure that does not happen in the City.
Council Member Bennett stated that Veterans are not being assisted well enough despite their service for the country and he hopes that SWAG will address the mental health crisis within this population of the homeless.
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Mayor Rogers stated that it was great meeting the SWAG team and the Council is looking forward to future updates.
Joann Genis, resident, said that SWAG staff are truly a blessing, and they are doing everything in their power to help her son and she is keeping in touch with them. Mrs.
Genis stated that Veterans are affected too, from mental health issues to drug addictions, and she thanked Council for their partnership with SWAG. Council Member Marquez thanked Mrs. Genis for sharing her story.
Following discussion, there was Council consensus to receive and file the report.
PLANNING COMMISSION MATTERS [01:24:07]
CUSTOM HOME DESIGN REVIEW NO. 492 AND TREE REMOVAL PERMIT NO. 22TRP03 - 16219 VALLEY SPRINGS ROAD
Custom Home Design Review No. 492 and Tree Removal Permit 22TRP03, Applicant:
Earnest Little (on behalf of the property owner, Millie Khai-Mi Gamboa): The Planning Commission conducted a public hearing on June 6, 2023, and resumed the public hearing on June 26, 2023, received public comment, and adopted a resolution approving Design Review No. 492 and Tree Removal Permit 22TRP03, for the construction of a 6,479-square foot, single-family residence with an attached 700- square foot, three-car garage, and a detached 800-square foot, three-car garage and workshop located at 16219 Valley Springs Road and determining that the project is exempt from review under the California Environmental Quality Act, subject to Conditions of Approval. The Tree Removal Permit No. 22TRP03 proposes the removal of ten protected trees to facilitate the development of the custom home.
There was no action taken on the foregoing Planning Commission item.
CUSTOM HOME DESIGN REVIEW NO. 483 - 15651 PALOMINO DRIVE Custom Home Design Review No. 483, Applicant: Ken Youn (on behalf of the property owners, Jason and Sunny Kang): The Planning Commission conducted a public hearing, received public comment, and adopted a resolution approving Design Review No. 483, for the construction of a 2,445-square foot, single-family residence at with an attached 650-square foot, three-car garage located at 15651 Palomino Drive and determining that the project is exempt from review under the California Environmental Quality Act, subject to Conditions of Approval as amended.
There was no action taken on the foregoing Planning Commission item.
EXTENSION OF TIME FOR TENTATIVE TRACT MAP 18393 - STONEFIELD
DEVELOPMENT
Extension of Time No. 23EXT01 for Tentative Tract Map 18393 - Northwest of Carbon Canyon Road and East of Fairway Drive, Applicant: Stonefield Development, on behalf of property owner Ausmas Properties, LLC: The Planning Commission conducted a public hearing, received public comment, and adopted a resolution approving Extension of Time No. 23EXT01, to grant a 24-month extension to the second phase of Tentative Tract Map No. 18393, which subdivides 29.8 acres of land to create 25 single-family
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residential properties located northwest of Carbon Canyon Road and east of Fairway Drive, subject to Conditions of Approval, known as the Stonefield Development, which was originally approved by the City Council on October 27, 2009.
Mayor Rogers and Council Member Marquez requested to review the matter and to schedule a Public Hearing at a future City Council meeting.
PUBLIC HEARING
ENGINEER'S REPORTS - ANNUAL ASSESSMENTS - RESOLUTIONS ADOPTED [01:25:13]
Management Analyst Alexis DalPont briefed the City Council on the staff report, which is on file in the City Clerk's Office.
Mayor Rogers opened the public hearing and asked if anyone wished to address the City Council on the matter. Hearing none, Mayor Rogers closed the public hearing.
Following discussion, a motion was made by Council Member Bennett and seconded by Council Member Johsz to adopt (1) Resolution No. 2023R-046 of the City of Chino Hills, Acting in its Capacity as the Governing Body of Chino Hills Los Serranos Lighting Maintenance District, to Confirm the Annual Assessments and Order the Levy and Collection of Assessments for Chino Hills Los Serranos Lighting Maintenance District, Pursuant to Provisions of the Landscaping and Lighting Act of 1972 (Streets And Highways Code, Section 22500 Et Seq.); (2) Resolution No. 2023R-047 of the City of Chino Hills, Acting in its Capacity as the Governing Body of Chino Hills Vellano Landscaping and Lighting District, to Confirm the Annual Assessments and Order the Levy and Collection of Assessments for Chino Hills Vellano Landscaping and Lighting District, Pursuant to Provisions of the Landscaping and Lighting Act of 1972 (Streets And Highways Code, Section 22500 Et Seq.); (3) Resolution No. 2023R-048 of the City of Chino Hills, Acting in its Capacity as the Governing Body of Chino Hills Landscape and Lighting District No. 1, to Confirm the Annual Assessments and Order the Levy and Collection of Assessments for Chino Hills Landscape and Lighting District No. 1, Pursuant to Provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code, Section 22500 Et Seq.); (4) Resolution No. 2023R-049 of the City of Chino Hills, Confirming Service Charges for Collection on the Tax Roll for Chino Hills Special Maintenance Area No. 1 and Ordering the Levy and Collection of Assessments Pursuant to Provisions of the San Bernardino County Ordinance No. SD91-11 as Adopted by City of Chino Hills Ordinance Nos. 91-01 and 92-02; and (5) Resolution No. 2023R-050 of the City of Chino Hills Confirming Service Charges for Collection on the Tax Roll for Chino Hills Special Maintenance Area No. 2 and Ordering the Levy and
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Collection of Assessments Pursuant to Provisions of San Bernardino County Ordinance No. SD83-2 as Adopted by City of Chino Hills Ordinance Nos. 91-01 and 92-02.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
AT&T WIRELESS COMMUNICATIONS FACILITY - CITY OWNED OPEN SPACE ADJACENT TO STAGECOACH TRAIL [01:28:15]
Planning Manager Hofflinger provided a PowerPoint presentation and briefed the Council on the staff report, which is on file in the City Clerk's Office.
A lengthy discussion ensued regarding major versus minor facilities, alternative site locations, the topography of the site, private versus public property rights for approval of communications facilities, 5G technology, cell sites on streetlights, fire hazards for surrounding areas, weed abatement and clearances with respect to the use of generators, and the Fire District's review of the submitted plans.
City Attorney Hensley clarified the Council's authority over city-owned property versus privately owned property and small cell installations in the public right-of-way.
Planning Manager Hofflinger explained the process with respect to the use of generators, including the Fire Department's approval of the plans.
Mayor Rogers opened the public hearing and asked if anyone wished to address the City Council on the matter.
Fire Chief Williams responded to questions regarding the level of fire risk with cell towers. He stated that everything is addressed in accordance with the State Fire Code, the risk is intended to be little or none at all. He added that the sites would likely be subject to weed abatement protocols.
Julio Figueroa, applicant on behalf of AT&T, spoke about the number of small cell sites it would take to replicate the same coverage as the larger proposed cell site (macro versus micro cell sites). He added that AT&T is in the process of finalizing a Small Cell Master Agreement with the City and has put the deployment on hold until the agreement is finalized. Mr. Figuero also spoke about the maximum height of 35-feet and the inability to collocate due to the height allowance.
Jermaine Taylor, consultant on behalf of AT&T, spoke about the topography of the cell site and height of the tower to give the maximum amount of coverage to surrounding areas, and alternative site locations, which there are none in this particular area due to the terrain.
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Mr. Figueroa noted that AT&T always solicit feedback from the City during the application process and reminded the Council that AT&T is the exclusive provider of FirstNet which is the only mobile broadband provider serving first responders across the country.
The following people spoke in opposition to the AT&T Wireless Communications Facility in City-Owned open space project due to health risks, exposure to radiation, high fire severity in the area, homeowner's insurance and property value impacts, and vandalism: John Bruner, M. Athena Real, Elaine Anderson, Danielle Ervin, Sunil Mahbubani, Kajal Mahbubani, Wes Peters, Sage Youschak, Derek O'Hanlon, Logan Sai, Jesse Liao, Penny Hu, Anshul Varshney, and Mohamad Ibrahim. Many of which presented the City Clerk with documents which were distributed to the Council and made a part of the public record.
Mr. Figueroa responded that AT&T respects the residents' concerns and their goal is to bring coverage and capacity to service the needs of the community.
Mayor Rogers closed the public hearing.
Further discussion ensued regarding site location and a gap in communication coverage areas, wildfire overlay, current weed abatement program under Chino Valley Independent Fire District, insurance coverage and rate issues, road access to city partners, access roads as fire breaks, RV waves, existing towers within the City, 5G coverage, health and welfare of the citizens, noticing requirements for the project, and the general best interests of the City.
Mayor Rogers stated that he appreciated everyone attending and providing their points of view and that approvals of similar projects may be on a case by case basis.
Vice Mayor Moran reminded, residents that they can reach out to any of the Council Members as they serve the entire City and are accessible by phone. Council Member Johsz added that due to community engagement on a previous Cell Tower Project, the City expanded their noticing requirements from 300 feet to 1000 feet, so that shows that they are listening and are going above and beyond to ensure that residents have notice.
Council Member Marquez asked what would have happened if the item was not pulled during the last meeting. City Manager Montgomery responded that it takes two Council Members to pull Planning Commission Matters for further discussion at a future public hearing, and to remember that all items under this heading have already been fully vetted through the Planning Commission and received all the approvals necessary.
Following discussion, a motion was made by Council Member Bennett to approving Wireless Conditional Use Permit No. 22WCUP03 for the Development of an AT&T Wireless Communications Facility in City- Owned Open Space adjacent to the Stagecoach Trail Between Wandering Ridge Drive and Rock Springs Drive Motion failed due to lack of second.
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Subsequently, Council Member Bennett withdrew his previous motion and made a substitute motion, which was seconded by Mayor Rogers, to (1) decline to enter into the Communications License Agreement with AT&T for City-Owned Open Space at Stagecoach Trail Between Wandering Ridge Drive and Rock Springs Drive; and (2) adopted Resolution No. 2023R-051 of the City of Chino Hills (1) Denying as Moot an Application for Wireless Conditional Use Permit No. 22WCUP03 for the Development of an AT&T Wireless Communications Facility in City-Owned Open Space Adjacent to the Stagecoach Trail Between Wandering Ridge Drive and Rock Springs Drive.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: MARQUEZ
PUBLIC INFORMATION OFFICER REPORT [03:05:30]
Public Information Officer(PIO) Freeman announced the following information:
• NATIONAL NIGHT OUT— TUESDAY, AUGUST 1
o Neighborhoods participate by hosting their own gatherings including potlucks and barbecues on Tuesday, August 1 from 6:00 pm to 9:00 pm o Those who register their neighborhoods events online at www.chinohills.orq/NationalNightOut by Tuesday, July 18 will receive a neighborhood organizing kit while supplies last
• RECREATION & CITY NEWS
o Summer Concerts and Movies Series
o Concerts in the Park continues this Wednesday at 7:00 pm at Veterans Park with a tribute to the Who by Who Generation
o Movies in the Park continues this Thursday at 8:00 pm at Community Center with a showing of Sonic 2
o Annual Independence Celebration —July 3
o Bring the family out in red, white, and blue to the City's Independence Celebration on Monday, July 3 from 5:00 pm to 9:00 pm at Veterans Park
o Free, family-friendly fun for all to enjoy including game booths, strolling entertainment, and live music
o Chino Valley Young Marines will present the colors during an opening ceremony at 6:30 pm and music featuring a tribute to Journey will be performed by DSB beginning at 6:45 pm
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o All Fireworks are Illegal in Chino Hills
o The Independence Celebration does not include fireworks as all fireworks are illegal in Chino Hills
o Keep in mind dogs at home on Fourth of July — check to ensure your pet is wearing an ID and the microchip contact information is up to date o If you find a lost pet or if your pet goes missing on Fourth of July, call the Inland Valley Humane Society at (909) 594-9858 o Independence Day Facility Closures
o City Facilities, the Library, and the Chino Hills Police Department lobby will be closed on Tuesday, July 4 in observance of Independence Day and trash service will be delayed by one day for the remainder of the week
• COYOTE SAFETY TIPS
o In Chino Hills, we are lucky to live where we can experience the beauty of nature. With so much open space comes the need to co-exist with many forms of wildlife, including coyotes
o Coyotes are often seen in residential neighborhoods and parks in search of food or water
o Here are a few reminders for residents to protect their property, animals, and family
o Never feed a coyote and store pet food inside, clear brush areas near home to reduce hiding places, always supervise small children and pets, and if you see a coyote, use negative reinforcement to let them know they are not welcome
SAFETY UPDATES - Fire and Police [03:07:53]
Fire: Fire Chief Williams stated that the Request for Proposal for Ambulance Services negotiations with the County of San Bernardino are continuing and going well. He said that with the upcoming fourth of July holiday, he wanted to remind residents that if they find any illegal fireworks to please call Law Enforcement at (909) 465-6837, or they can go to the website www.cvifd.orq to make an anonymous report. Fire Chief Williams thanked City Manager Montgomery, Mayor, and Council for the collaboration on the Fire Station 68 project, as well as for their support.
Police: Police Chief Goodell stated that on June 23rd a male suspect tried to open an account at Chase Bank using stolen identity from a victim in Colorado and was subsequently arrested. Police Chief Goodell continued that on June 24th, Deputies attempted to stop a vehicle driving recklessly through the parking structure, the vehicle failed to yield and led the Deputies on a pursuit which ended on English Road where the driver was subsequently arrested for felony evading. Lastly, he reminded residents to avoid using cell phones while driving and to obey traffic signals and roadway signs.
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COUNCIL REPORTS [03:10:30]
II Mayor Rogers
• TRES HERMANOS CONSERVATION AUTHORITY BOARD
Mayor Rogers attended the Tres Hermanos Conservation Authority Board Meeting and said that after July the Board will meet only six times per year. He stated that they discussed the possibility of opening up the property to the public on a very limited basis for a tour of the area and said additional details will follow at a later date.
Council Member Marquez asked how many people are anticipated to sign up for the tour. City Manager Montgomery said at this point it is difficult to estimate, but there will be a constraint on vehicles, and they are looking at a controlled tour of approximately 100 attendees, via a shuttle. Council Member Marquez added that the Board will be discussing future plans for the property.
Council Member Johsz
• WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT
Council Member Johsz attended the West Valley Mosquito and Vector Control District Board meeting and said that with temperatures rising, the number of mosquitoes will increase and to check for standing water. He said that if you are travelling out of state or abroad to apply repellant as some have been infected with malaria.
111 Council Member Marquez
• CAL CITIES
o LEGISLATIVE COMMITTEE
Council Member Marquez attended the Cal Cities Legislative Committee meeting and stated that Assembly Bill 2011 goes into effect July 1st,which will allow for commercial sites in Chino Hills to be used for residential units by-right.
o PUBLIC SAFETY COMMITTEE
Council Member Marquez attended the Cal Cities Public Safety Policy Committee meeting where they had a presentation on homelessness by the Los Angeles County Sheriff Department's Outreach Team's Captain Derek and Lieutenant Kitchens. He said that Executive Director of North Orange County Public Collaborative Sue Yang, utilizes an app like hotel.com, so if someone needs a place to stay, they can direct them to an open bed.
• SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
o GENERAL POLICY COMMITTEE
Council Member Marquez attended the San Bernardino County Transportation Authority General Policy Committee meeting, and they reviewed the Fiscal Year 2022-23 Budget Action Plan for the fourth quarter, a Request for Proposal for freeway services and call box answering services, updated the San Bernardino Green House Gas Reduction Plan, reviewed the Council of Governments Competitive
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Grants Work Plan, Social Media use, and Measure 12023 Population Estimates.
o TRANSIT COMMITTEE
Council Member Marquez attended the San Bernardino County Transportation Authority Transit Committee meeting, and they had an election of officers. The New Chair is Rick Dennison from Yucca Valley and John Dutrey of Montclair is the Vice Chair. He continued that they reviewed the Fiscal Year 2023-24 State of Good Repairs and Program Allocation and Transit Operational Allocation.
• SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
o LEGISLATIVE COMMUNICATIONS AND MEMBERSHIP COMMITTEE Council Member Marquez attended the Southern California Association of Governments Legislative Communications and Membership Committee meeting, and they reviewed the state and federal updates. He stated that the State of California has a revenue shortfall of approximately $31.5 billion dollars and that number is anticipated to grow.
COUNCIL COMMENTS [03:16:50]
Moran: Vice Mayor Moran thanked staff for all the work on the wireless project as so much time and resources are put forth in a project such as this.
II
Marquez: Council Member Marquez thanked all the Council Members who attended the Citi-Pac meeting which raised a little over $30,000. He said that he has concerns about cooling centers with the summer coming and he wants to make sure the City is organized and ready. Council Member Marquez stated that he will be the Cal Cities Latino Caucus President in a couple of months.
Bennett: Council Member Bennett said that due to the weather, there may be an uptick in fleas, ticks, and heartworm and to protect your furry friends. He wished the community a safe and happy 4th of July celebration and asked the community to thank a Veteran if you see one. Council Member Bennett thanked David Crabtree for his service as the Interim Community Development Director and he welcomed the new Community Development Director Nick Liguori. Council Member Bennett wished City Manager Montgomery safe travels on his upcoming vacation. Lastly, he wished his wife Nicki a Happy 56th wedding anniversary on July 8th.
Johsz: Council Member Johsz wished his wife a happy 19th wedding anniversary on July 3rd, and he reminded residents to fill up their gas tanks as gas prices increase on July 1st due to the gas tax.
Rogers: Mayor Rogers thanked David Crabtree for his interim services as Community Development Director and he welcomed Nick Liguori to the City as the new Community Development Director. He reminded the community about the July 3rd Independence Day Celebration at Veterans Park.
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ADJOURN IN MEMORIAM AND IN HOPE [03:22:52]
Mayor Rogers adjourned the meeting at 9:23 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.
Respectful) ubmitted,
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CHER 411INFLZ, C ' CLERK
APPROVED: July 11, 2023