2023-218
CITY COUNCIL
CITY OF CHINO HILLS
OCTOBER 10, 2023
REGULAR MEETING
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
ART BENNETT
BRIAN JOHSZ
RAY MARQUEZ
ABSENT: COUNCIL MEMBERS: NONE
ALSO PRESENT: BEN MONTGOMERY, CITY MANAGER
ELIZABETH CALCIANO, ASSISTANT CITY ATTORNEY
CHERYL BALZ, CITY CLERK
DANIEL BOBADILLA, PUBLIC WORKS DIRECTOR
CHRISTA BUHAGIAR, FINANCE DIRECTOR
AL GIRARD, CHIEF OF POLICE, CHINO HILLS POLICE
DEPARTMENT
BRANDON FONACIER, COMMUNITY RELATIONS ANALYST II
NICOLE FREEMAN, PUBLIC INFORMATION OFFICER
WENDI GENSEL, DEPUTY CITY CLERK II
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
Led by Mayor Rogers.
INVOCATION
Led by Chaplain Adam Houde, Chino Valley Independent Fire District.
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PRESENTATIONS
CITY TILE - MIKE ADAMS [2.44]
Mayor Rogers presented a City Tile on behalf of the City and Certificates of Recognition on behalf of Congresswomen Kim and Torres, Senators Seyarto and Newman, Assemblyman Chen, and Supervisor Hagman, to Mike Adams for his years of service in the Community Services Department from March 31, 2008, to October 6, 2023.
Mr. Adams thanked the Council for the recognition, friendships, and opportunities that the City of Chino Hills has brought to him throughout his career.
PROCLAMATION - FIRE PREVENTION WEEK [11:08]
Mayor Rogers presented a Proclamation proclaiming October 8-14, 2023, as Fire Prevention Week to Fire Chief Dave Williams.
Fire Chief Williams thanked the Council for the recognition and thanked Fire Marshall Danielle O'Toole, Community Risk team, and the Board of Directors who ensure community members have the information needed to maintain a safe community.
PROCLAMATION - NATIONAL CRIME PREVENTION MONTH [13:45]
Mayor Rogers presented a Proclamation proclaiming October as National Crime Prevention Month to the Chino Hills Police Department Employees: Sergeant Shannon Laub, Corporal Steve Kessler, Sheriff's Service Specialist Jen Davis, Sheriff's Service Specialist Denis Tyo and McGruff the Crime Dog.
Sergeant Laub thanked the Council for the Proclamation and spoke about the importance of bringing McGruff back into the public eye to advocate for crime prevention measures in the community.
PROCLAMATION - BREAST CANCER AWARENESS MONTH [17:41]
Mayor Rogers presented a Proclamation proclaiming October as Breast Cancer Awareness Month to Kimberly Carew of Peace, Love, and Tote.
Ms. Carew thanked the Council for the Proclamation and spoke about her personal story of battling cancer and how she started the Peace, Love, Tote Foundation.
PROCLAMATION - DOMESTIC VIOLENCE AWARENESS MONTH [20:11] Mayor Rogers presented a Proclamation proclaiming October as Domestic Violence Awareness Month to Chief Executive Officer, Pat Bell of House of Ruth.
Ms. Bell thanked the Council for the Proclamation and spoke about the prevalence of domestic violence and added that the House of Ruth resources are available to the public. Lastly, she spoke about upcoming events: October 12th Survivors Panel; October 14th Movable Feast; and October 26th Annual Candlelight Vigil.
Vice Mayor Moran said that Ms. Carew sells herself short for her Peace, Love, Tote mission. She restated that her mission is to deliver a tote to those that have been diagnosed with cancer and to offer some hope and comfort.
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PUBLIC COMMENTS [25:071
Bob Goodwin, resident, spoke in opposition to the proposed Mayor wall display and said the funds could be used elsewhere.
Greg Fresonke, resident, spoke in opposition about the proposed Mayor wall display and compared the size to various items.
Jim Gallagher, resident, spoke about the proposed Mayor's wall and suggested former Council Members to be displayed for historical purposes.
Dominic, resident, spoke on a petition collected that includes 133 signatures from Vellano property owners who are in opposition to any proposed changes related to the use of the Vellano golf course and presented the petition to the City Clerk.
Mike Kreeger, representing the Chino Valley Independent Fire District Board, announced several upcoming events: Annual Fire District Open House at Training Center 5092 Schaefer Avenue, Chino on October 21 st from 9 a.m. - 12 p.m. and the State of the Fire District at 5078 Schaefer Avenue, Chino on October 25th.
Suzette Dang, representing Supervisor Hagman's office, announced two events: the Annual Veterans Claims Event on Wednesday, November 8th at 14010 City Center Drive in Chino Hills with Veteran Service Officers onsite and Hagman's Christmas Open House will be on Thursday, December 7th from 5:30 p.m. to 7:30 p.m. at City Hall Lobby.
CONFLICT OF INTEREST ANNOUNCEMENTS [38:54]
There were no conflict -of -interest announcements to record.
CITY DEPARTMENT BUSINESS
CONSENT CALENDAR [39:00]
Mayor Rogers announced the Consent Calendar items and asked the Council if there were any items to pull.
Council Members Bennett, Johsz, and Marquez pulled Item No. 13, pertaining to the History and Leadership Display; and Council Member Marquez pulled Item No. 15, pertaining to the California Automated Solar Permit Processing Program.
A motion was made by Council Member Johsz and seconded by Council Member Marquez to approve the remaining Consent Calendar items:
MINUTES
The City Council approved the September 26, 2023, City Council Regular Meeting Minutes, as presented.
PAYMENT REGISTER
The City Council ratified payments over $25,000 totaling $9,134,607.03 for the month of August 2023.
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MONTHLY FINANCIAL REPORT
The City Council received and filed the monthly Financial Report for the month ended August 31, 2023, as presented.
MONTHLY INVESTMENT REPORT
The City Council received and filed the Investment Report for the month ended August 31, 2023, as presented.
CAL RECYCLE GRANTS SUBMISSIONS - RESOLUTION ADOPTED
The City Council adopted Resolution No. 2023R-073 of the City of Chino Hills, Authorizing Submittal of Application(s) for all CalRecycle Grants for Which the City of Chino Hills is Eligible to assist with implementation of regulation requirements associated with SB 1383 and authorizing the City Manager, or his designee, to execute all grant documents necessary to secure grant funds and implement grant projects.
AGREEMENT - CROSSING GUARD SERVICES
The City Council authorized the execution of a one-year Agreement No. A2023-206 with two additional one-year renewal options between the City of Chino Hills, the City of Chino, Chino Valley Unified School District (CVUSD), and All City Management Services, Inc. (ACMS) for crossing guard services for a total amount not -to -exceed $134,739.13 for crossing guard services for 2023-24 school year.
AGREEMENT AMENDMENT - LEGAL SERVICES
The City Council authorized the execution of Amendment No. 3 to Agreement No. A2014-037 with Hensley Law Group, increasing the billing rate from $215 to $250 per hour effective November 1, 2023, and includes an annual CPI adjustment provision beginning November 1, 2024, and annually thereafter, for legal services.
VEHICLE PURCHASES - RESOLUTION ADOPTED
The City Council (1) authorized the City Manager to approve eight vehicle purchases as outlined in the written staff report on file in the City Clerk's office in an amount not to exceed $100,000 each; (2) adopted Resolution No. 2023R-074 of the City of Chino Hills, Adopting a Budget Amendment for Fiscal Year 2023-24 Increasing the Budget in Various Funds by $65,000 for Vehicle Purchases; and (3) found that the project is exempt from review under the California Environmental Quality Act under the Class 1 (Existing Facilities) categorical exemption.
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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CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION
HISTORY AND LEADERSHIP DISPLAY DESIGN [39:51]
Council Members Johsz, Bennett, and Marquez pulled this item for separate discussion and vote.
Council Member Johsz stated that the proposed leadership display was initially proposed for the City's 30th anniversary. He pointed out that the primary reason for the proposal was to teach generations about how Chino Hills became a City, that the first Mayor was a woman, and to memorialize it in some way. Lastly, he stated it was not intended to be an ego -driven concept.
Council Member Bennett agreed with Council Member Johsz that the leadership display was not intended to be an ego -driven concept. He stated that the message trying to be relayed was that since City was formed, Gwenn Norton -Perry was the first Mayor, and that she was elected with the most votes as the first and best choice to run the City Council and serve on it and added that she was against this display because she did not want any type of recognition. He stated that the Council is proud to serve a community well run. Lastly, he recommended that funding for the project come from another source rather than public funds, such as personal funds or a fundraiser.
Council Member Marquez spoke on the love he has for the City but prefers not to have a photo of himself on a wall and agreed with Council Member Bennett about funding through another source.
Vice Mayor Moran expressed to Council Member Johsz that his vision behind his proposal for the leadership display was a great idea. She added that Council was surprised at how much the signage would cost and originally thought it would be taken from the 30th anniversary budget, which is at the purview of the Mayor and staff. If it is approved in the budget, there is a threshold where the City Manager can spend and emphasized the importance of the public attending the budget study sessions. Lastly, she spoke about the lack of civility received during public comments and wished that a phone call or meeting was made prior to attending the meeting with those comments.
Mayor Rogers spoke of older cities where they have displays with historical remembrance of their heritage. He added that the initial cost was more than they anticipated, and the project has now returned with a lower amount. He stated that it was not intended to be an ego -driven concept and expressed his disappointment at the public comments received.
Council Member Marquez spoke on public comments received and stated that he took offense to Vice Mayor Moran's comment that the Champion Newspaper is a rag.
Vice Mayor Moran rescinded her comment related to the Champion Newspaper and stated that it is indeed a fine pilar in the community of local news. She apologized and expressed her respect for Ms. Napoles, reporter for the Champion Newspaper.
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Council Member Johsz acknowledged what a wonderful job staff did on the staff report spelling out how the City came to fruition. Lastly, he stated this project is truly a historical record of the City.
Donald Foster, resident, spoke about the cost; and commented on the process taken for the current photos in the lobby and stated that permission was not needed for this project. Lastly, he spoke about using funds in the community to fix current assets such as the billiard tables at the Community Center.
Following discussion, a motion was made by Vice Mayor Moran and seconded by Council Member Johsz to decline staff's recommendation of a History and Leadership Display in City Hall and consider bringing it back with alternate means of funding.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
AGREEMENT - AUTOMATED SOLAR PERMIT PROCESSING - RESOLUTION
ADOPTED
Council Member Marquez pulled this item for separate discussion and vote. He asked if this would streamline the process.
Community Development Director Liguori stated that the grant will help offset the cost of implementing an automated permit processing system which will be implemented in 2024. Additionally, the utilization of the Solar Application (App) will allow residents to have an automated plan check system from the convenience of their own computer before coming into City Hall and that eventually there will be real time updates through the App.
Following discussion, a motion was made by Council Member Marquez and seconded by Council Member Johsz to (1) adopt a Resolution No. 202311-075 of the City of Chino Hills, Adopting a Budget Amendment for Fiscal Year 2023-24 Increasing the Miscellaneous Grants Fund Budget by 60, 000 for Automated Solar Permit Processing; and (2) accept and ratify grant Agreement No. A2023-207 accepting the California
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Automated Solar Permit Processing grant award in the amount of $60,000 to implement online automated solar permit process.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ,
MARQUEZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
PLANNING COMMISSION MATTERS
DENIAL OF WIRELESS CONDITIONAL USE PERMIT NO. 22WCUP02 - RIDGEVIEW TRAIL [01:04:48]
Wireless Conditional Use Permit No. 22WCUP02; Alisha Strasheim of SmartLink, on behalf of AT&T, applicant: Planning Commission adopted a resolution denying the application for Wireless Conditional Use Permit No. 22WCUP02 for the development of an AT&T Wireless Communications Facility in City -owned open space adjacent to Ridgeview Trail between Eucalyptus Avenue and Nordic Avenue due to the project being detrimental to adjacent uses and determining that the construction of the cell tower is located on a prominent ridgeline and does not comply with ridgeline regulations.
There was no action taken on the foregoing Planning Commission item.
PUBLIC HEARING
EXTENSION OF TIME DENIAL FOR TENTATIVE TRACT MAP 18393 - STONEFIELD DEVELOPMENT [01:05:20]
Community Development Director Ligouri briefed the City Council on the staff report which is on file in the City Clerk's Office. He stated that staff met with Caltrans to determine the feasibility of traffic mitigation at the intersection including a potential traffic signal and that Caltrans requested a new traffic analysis to be conducted, reviewed, and approved before permits for improvements can be designed and constructed. Staff met with the applicant after the Caltrans meeting and discussed how to proceed whereas their decision was to allow the Tentative Tract Map 18393 to expire and no longer pursue the project.
Council Member Bennett wanted to point out that the remediation by Caltrans was a traffic circle as a potential intersection control device because it is used on other State Highways.
Mayor Rogers re -opened the public hearing and asked if anyone wished to address the City Council on the matter,
Bea Papas, resident, spoke about the lack of ingress/egress in the area and stated that it will be heavily impacted by more homes or apartments being built in the Carbon Canyon area.
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Jim Clarke, resident, spoke about the last evacuation during an emergency in Carbon Canyon and an emergency access gate that was not opened or utilized that could have given residents another avenue to exit. He also spoke about erosion and mitigation measures in the area.
Billie Ward, resident, spoke about car racing that occurs in Carbon Canyon Road, and showed Council a photo of an overturned big rig holding up traffic. She also spoke on sewage and water elevations.
Eric, resident, spoke on the development and consideration of doubling the number of homes.
Assistant City Attorney Calciano responded that the Tentative Tract Map 18393 is expiring; however, the zoning allows for 46 units and added that potential applicants have the right to develop to that amount.
Eric asked what can be done for future developments to mitigate changing factors from 2009 to present time.
Mayor Rogers closed the public hearing.
Council Member Bennett clarified that developers receive zoning approval for property and it's a matter of time, when the economy is good, that it is built. He added that the area is zoned for 46 units and that it can still happen in the future through the Planning Commission process.
Council Member Marquez stated that for the past seven years, the City has worked on truck restrictions in Carbon Canyon, and he understands the residents' frustration. He spoke on the Regional Housing Needs Assessment (RHNA) numbers needed from the cities of Chino and Ontario and how they play a factor in the traffic going through Carbon Canyon. He stated that the City is trying to limit density in Carbon Canyon but there are other factors such as traffic that the City has no control over. Lastly, he pointed out that there are two emergency exits: Canon Lane and Valley Springs Road.
Council Member Johsz added that the State will continue to change the rules.
Following discussion, a motion was made by Council Member Bennett and seconded by Council Member Marquez to adopt Resolution No. 2023R-076 of the City of Chino Hills, Denying Extension of Time 23EXT01 to Grant a 24-Month Extension to the Second Phase of Tentative Tract Map No. 18393 Which Subdivides 29.8 Acres of Land
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to Create 25 Single -Family Residential Properties Located Northwest of Carbon Canyon Road and East of Fairway Drive.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, MARQUEZ
NOES: COUNCIL MEMBERS: JOHSZ
ABSENT: COUNCIL MEMBERS: NONE
PUBLIC INFORMATION OFFICER REPORT [53:02]
Public Information Officer (PIO) Freeman announced the following information:
• CROSSROADS PARK RENOVATION PROJECT
o The City has begun a $1.1 million renovation project at Crossroads park to replace the existing playground equipment with the City's first fully inclusive playground for people of all abilities to enjoy o Park improvements will also include the construction of accessible pathways, improved lighting, new picnic tables and benches, expansion of the existing parking lot, and resurfacing of the existing tennis courts o The park is closed to the public until the project's expected completion in January 2024, however tennis courts and restrooms will remain open and can be accessed from Avenida De Las Flores
o Thank you to the Chino Hills Community Foundation and the support received from the Howard and Nikki Applebaum Foundation and the Jack and Gloria Kramer Family Foundation, as well as funding from the Prop 68 Grant Program
• RECREATION & CITY NEWS
o Residents and families are invited to join us in their best costumes for a free trick or treat event at The Shoppes on Halloween, October 31 from 3:00 pm to 5:00 pm
o Children can enjoy trick -or -treating, craft stations, a photo booth area, and a costume contest which will begin at 4:00 pm
o Please remember to bring your own treat bag and more information can be found online at www.chinohills.org/Events
• CALTRANS CARBON CANYON ROAD PROJECT
o Caltrans is continuing their construction project on Carbon Canyon Road to extend the westbound entrance Carbon Canyon Road merging lane at the Chino Hills Parkway intersection.
o Remember to use alternate routes to avoid the traffic delays due to the construction and sign up to receive project alerts from Caltrans by visiting www.chinohills.org/MaiorConstruction
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SAFETY UPDATES - Fire and Police [01:32:48]
Fire: Fire Chief Williams announced the State of the Fire District at 5078 Schaefer Avenue, Chino on October 25th that is partnered with the Fire Foundation and added all the proceeds go back into the community in the way of AED's and the Annual Fire District Open House at Training Center 5092 Schaefer Avenue, Chino on October 21 st.
Lastly, he stated that the ambulance contract should be awarded by the end of October.
Police: Police Chief Girard spoke on a vehicle burglary that took place on Saturday, September 30th where the victim withdrew $2,500 in US Currency and placed the envelope in his glove box and then parked his vehicle at home. Within minutes, suspects were captured on video surveillance burglarizing the vehicle. Detectives utilized the City's Automated License Plate Reading System to search for the suspects vehicle. The vehicle was quickly identified and on October 3rd, detectives submitted a Be On The Look Out (BOLO) and the very next day the La Habra Police Department received notification when the vehicle entered their City. Three suspects originating from Texas were detained and booked for the crime. Lastly, he added to be vigilant when visiting banks or ATM's and secure all currency out of sight when walking to and from your vehicle.
Assistant City Attorney Calciano on behalf of City Attorney Hensley thanked Council for approving the Hensley Law Group amendment to continue their services with the City.
COUNCIL REPORTS [01:37:21]
Mayor Rogers
• CHINO BASIN DESALTER AUTHORITY BOARD
Mayor Rogers attended the Chino Basin Desalter Authority Board meeting and stated that they approved various contracts.
• WATER FACILITIES AUTHORITY BOARD
Mayor Rogers attended the Water Facilities Authority Board meeting and stated that the Board received a report from their auditor and they are in good shape, and that they also approved routine business.
Council Member Bennett
CALIFORNIA INSTITUTION FOR MEN AND WOMEN
Council Member Bennett attended the California Institution for Men and Women meeting and stated that the California Institute for Women (CIW) has a new acting Warden, Molly Hill, following the retirement of Jennifer Core. He stated that there is a population of 1,003 inmates, 204 of those are prisoners suffering from ADA, and there is a move to put forth a plan for anti -bulling for the elderly population. The California Institute for Men (CIM) stated that there is a population of 2,354 inmates and about 14,000 healthcare appointments are made per month. Both CIW and CIM both have upcoming Halloween activities, and he was asked to see if anyone would like to donate candy for the events.
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• CHINO VALLEY UNIFIED SCHOOL DISTRICT BOARD
Council Member Bennett stated that the Chino Valley Unified School District Board meeting and stated that they rehashed disputes and differences in positions that the Board is taking. He stated that Mr. Finkbiner has been promoted to a position in the District. Lastly, there was a recognition given for Advanced Placement Research Exam Perfect Score to Ayala High School students Ky-An Dinh and Lucas Cao.
Council Member Marquez
• CAL CITIES
o LATINO CAUCUS LEGISLATIVE COMMITTEE
Council Member Marquez attended the Cal Cities - Latino Caucus Legislative Committee and stated that Executive Director, Erica Arriaga visited the City of Chino Hills, and they discussed a future retreat in Chino Hills to showcase open space, State Park, McCoy Equestrian Center, Big League Dreams (BLD) and Tres Hermanos to the 15 Council Members throughout California.
• OMNITRANS BOARD
Council Member Marquez attended the Omnitrans Board meeting and stated that they are looking to buy two parcels for their electric fleet and need a place for maintenance and a hydrogen filling station.
• SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
o BOARD OF DIRECTORS
Council Member Marquez attended the San Bernardino County Transportation Authority (SBCTA) Board of Directors meeting and stated they increase preliminary budget request for Fiscal Year 2023-24, approved a contract with Stadler for ZEMU testing at the Transportation Technology Center in Pueblo, Colorado, and received a presentation on homelessness by the County.
• SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
o REGIONAL COUNCIL
Council Member Marquez attended the Southern California Association of Governments - Regional Council meeting and they discussed the Regional Early Action Planning (REAP) 2.0 Program Update and HIPP Pilot Program Funding Awards.
COUNCIL COMMENTS [01:46:24]
Moran: Vice Mayor Moran spoke about the Smart leadership event on October 2nd hosted by herself, Mayor Rogers, Mayor Ulloa, and Chick-fil-a Chino Hills owner David Dinasan and thanked the local leadership in the Valley and all those that attended and who were involved. She attended Big League Dreams with Council Member Johsz and she was impressed with the progress and that they are tracking it. Lastly, she spoke on House of Ruth organization.
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Marquez: Council Member Marquez spoke on his attendance at the State of the County and thanked all those involved. He attended a Mobility 21 Virtual Summit and spoke about derogatory comments made about the San Bernardino population by Chair Laura Friedman and that SBCTA wrote a letter demanding an apology. He attended the League of Cities Latino Caucus Webinar for Climate Change and he was happy to learn that the City has a Climate Change Action Plan. Lastly, he spoke on attendance at American Public Transportation Association (APTA) in Orlando, Florida for Zero - Emission Multiple Unit (ZEMU) that is the first hydrogen -powered FLIRT H2 passenger train that will be arriving April 2024. Lastly, he spoke about the tour he did at Brightline in Florida and added that Brightline West will build on Florida's award -winning service by connecting Las Vegas and Southern California with the first true high-speed passenger rail system in the nation at speeds of 186+ miles per hour, trains will take passengers from Las Vegas to Rancho Cucamonga and will be completed in 2027 before the Olympics.
Johsz: Council Member Johsz thanked staff, Chino Valley Independent Fire District, Red Cross, and Southwest Carpenters Union for Outreach Event done in Los Serranos going door to door and installing smoke alarms in homes. He also attended the Community Clean -Up Event near City Hall which had a great turnout. He noted the memorial on the second floor in the City Clerk's lobby in memory of the Holocaust and reminded those to pray for those in Israel.
Bennett: Council Member Bennett spoke on adjournment at the last Council meeting for Bill Hughes and announced his Celebration of Life on November 11 at the McCoy Equestrian Center at 1:00 p.m. Lastly, he spoke on what is happening in Israel and asked to keep them and the nation in your prayers.
ADJOURN IN MEMORIAM AND HOPE [01:54:51]
Mayor Rogers adjourned the meeting at 7:55 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,
APPROVED: October 24, 2023