2023-230
MINUTES
CITY COUNCIL / PLANNING COMMISSION
CITY OF CHINO HILLS
OCTOBER 24, 2023
REGULAR AND SPECIAL JOINT MEETING
CONVENE MEETING AND ROLL CALL
Mayor Rogers called the regular City Council and special joint meeting with the Planning Commission 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
PLANNING COMMISSIONERS: MICHAEL STOVER
PETER PIRRITANO
JERRY BLUM
MELISSA DEMIRCI
SHERAN VOIGT
ABSENT: COUNCIL MEMBERS / PLANNING COMMISSIONERS: NONE 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
BRANDON FONACIER, COMMUNITY RELATIONS ANALYST
NICOLE FREEMAN, PUBLIC INFORMATION OFFICER
ALLEN GIRARD, CHIEF OF POLICE, CHINO HILLS POLICE
DEPARTMENT
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 [01:14]
Led by Mayor Rogers.
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REGULAR AND SPECIAL JOINT MEETING OCTOBER 24, 2023 INVOCATION [01:45]
Led by Father Joseph Pilotin, MS, St. Paul the Apostle Catholic Church.
PRESENTATIONS
CITY TILE - FORMER PLANNING COMMISSIONER SEAN PHAN [04:05] Mayor Rogers presented a City Tile on behalf of the City and Certificates of Recognition on behalf of Supervisor Hagman, Assembly Member Chen, Congresswoman Kim, and Senators Newman and Seyarto to former Planning Commissioner Sean Phan for his years of service on the Planning Commission from March 12, 2019, to September 5, 2023.
Mr. Phan thanked the Council for the recognition and spoke about his gratitude for the City and his colleagues. Mr. Phan said that it was a privilege to serve the community during his time on the Planning Commission.
PROCLAMATION - RED RIBBON WEEK [08:22]
Mayor Rogers presented a Proclamation proclaiming October 23 through 31, 2023, as Red Ribbon Week to San Bernardino County Sheriffs Department Deputies Negron, Aceves, Serna, Corporal Kessler, and Sergeant Laub.
Sheriff Deputy Negron stated on behalf of the Chino Hills Police Department that it was an honor to accept the recognition for Red Ribbon Week and thanked the Council for their continued support in educating the youth about drug awareness.
COMMEMORATION - CENTENNIAL OF SLEEPY HOLLOW COMMUNITY [10:58] Mayor Rogers presented a Proclamation commemorating the Centennial of the Sleepy Hollow Community from 1923 to 2023, to residents Linda Briney and Vance Steam.
Mr. Steam and Mrs. Briney thanked the Council for the recognition and briefly spoke about the history of the Sleepy Hollow neighborhood and the recent centennial celebrations.
Mayor Rogers called an audible and moved Item Number ten related to the Public Works Commission to be the first item heard on the agenda.
ITEMS INITIATED BY COUNCIL
PUBLIC WORKS COMMISSIONER REMOVAL AND NOTICE OF VACANCY [15:19] City Manager Montgomery briefed the City Council on the staff report which is on file in the City Clerk's Office. He outlined the process for nomination, appointment, and removal of officers on City commissions citing the municipal code sections governing that process.
The following residents spoke in opposition to the potential removal of Bob Goodwin from the Public Works Commission: Dana Lamb, Donald Foster, Chris VanSant, Robert Goodwin, Gwen Norton-Perry, Gregg Fresonke, Dolly Trimble, Joanne Genis, Chuck Haeflinger, Mike Braun, and John Bruner.
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REGULAR AND SPECIAL JOINT MEETING OCTOBER 24, 2023 A lengthy discussion ensued about freedom of speech, respect, integrity, lack of trust, and prior Commissioner removals.
Following discussion, Councilmember Johsz made a motion to remove Bob Goodwin from the Public Works Commission and to direct the City Clerk to publish a Notice of Vacancy. Mayor Rogers seconded the motion.
Prior to the vote, Council Member Marquez made a substitute motion to table the item and take no action.
The substitute motion failed due to lack of second.
A vote was taken on the original motion to remove Bob Goodwin from the Public Works Commission and to direct the City Clerk to publish a Notice of Vacancy.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ NOES: COUNCIL MEMBERS: MARQUEZ
ABSENT: COUNCIL MEMBERS: NONE
Mayor Rogers recessed the meeting for a short break at 7:00 p.m.
Mayor Rogers reconvened the meeting at 7:11 p.m.
PUBLIC COMMENTS [1:00:26]
Jane DeFrank, resident, spoke about the proposed historical Mayoral wall and stated that this Council is fiscally conservative for such a young City.
Joanne Genis, resident, congratulated 55+ Club for their 10th Anniversary and applauded the Chino Hills Police Department for hosting a "Coffee with a Cop" event.
Steve Elie, resident, asked Council to consider adopting a resolution denouncing anti- Semitism and hatred toward the Jewish population.
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.
Rainbow Lee, resident, spoke about Capital Improvement Projects in the City and the challenges with potholes on Eucalyptus Avenue, Galloping Hills, Chino Hills Parkway, II and Peyton Avenue.
Mayor Rogers inquired with staff if the area Ms. Lee spoke about would be resurfaced fairly soon. Public Works Director Bobadilla stated that a recycled water line project along Eucalyptus Avenue is forthcoming, and that staff are waiting for the project to be
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REGULAR AND SPECIAL JOINT MEETING OCTOBER 24, 2023 designed and built in order to improve the entire road. He stated in the meantime that staff will make certain to patch potholes appropriately until that project is complete.
CONFLICT OF INTEREST ANNOUNCEMENTS [1:16:10]
There was no conflict of interest announcements to record.
CITY DEPARTMENT BUSINESS
CONSENT CALENDAR [1:16:20]
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 Johsz and seconded by Council Member Marquez to approve the following Consent Calendar items:
MINUTES
The City Council approved the October 10, 2023, City Council Regular Meeting Minutes, as presented.
ANNUAL DEVELOPMENT IMPACT FEE FINANCIAL REPORT FOR FISCAL YEAR 2022-23 - RESOLUTION ADOPTED
The City Council (1) adopted Resolution No. 2023R-077 of the City of Chino Hills Making Five-Year Findings for Unexpended Development Fees in Accordance with California Government Code Section 66001, Subsection (d), and Reviewing and Accepting the Annual Development Impact Fee Financial Report for Fiscal Year 2022-23 and Finding That the Actions Proposed in This Resolution are Not Projects Under the California Environmental Quality Act; and (2) adopted the schedule attached as Section 4 of the Annual Development Impact Fee Financial Report confirming that the Parkland (Quimby in-lieu) Fee is committed to rehabilitating existing park facilities at Torrey Pines Park.
BID AWARD - AGREEMENT - MCCOY EQUESTRIAN CENTER BARN EXTERIOR
REHABILITATION PROJECT
The City Council (1) awarded the bid and Agreement No. A2023-214 to ServPro - Team Brogdon, in the amount of $320,850; (2) authorized the City Manager at his discretion, to approve cumulative change orders up to ten percent ($32,085), of the awarded contract amount; and (3) determined the project to be exempt from review under the California Environmental Quality Act of 1970, as amended, Public Resources Code Section 21000 et seq. ("CEQA") pursuant to Section 15302 of CEQA Guidelines for the McCoy Equestrian Center Barn Exterior Rehabilitation Project located at 14280 Peyton Drive.
ENGLISH ROAD RECYCLED WATER LINES PROJECT
The City Council (1) authorized the City Manager to negotiate and execute an agreement and related documents with the County of San Bernardino related to the City's funding request to Fourth District Supervisor Curt Hagman for $1,000,000 in County American Rescue Plan Act (ARPA) funds for the English Road Recycled Water Lines Project consisting of approximately 9,000 linear feet of recycled water pipelines at English Springs Park, Ayala High School and Litel and Country Springs Elementary
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REGULAR AND SPECIAL JOINT MEETING OCTOBER 24, 2023 Schools; and (2) found the project 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
DISCUSSION CALENDAR
MAJOR WIRELESS FACILITIES IN CITY OPEN SPACE [1:16:45]
City Clerk Balz announced that this item is a joint item with the Planning Commission and that Planning Commissioners Sheran Voigt, Peter Pirritano, Melissa Demirci, Michael Stover, and Jerry Blum were in attendance at the meeting for the record.
Community Development Director Liguori briefed the City Council on the staff report and provided a PowerPoint presentation, which is on file in the City Clerk's Office. He spoke about Federal and State regulations regulating wireless communications and explained the differences between Macro, Collocated, Micro, and Small Cell Wireless Facilities. He discussed the current processes for facilities on City property and outlined current Wireless Facility locations on the Ridgeline Map. Community Development Director Liguori spoke about recent approvals near or on ridgelines, the approved heights at the East View Trail, Soquel Canyon, and Grand Avenue facilities and, the recent rejection of the Stage Coach Trail location and the denial of the Ridgeview Trail location. He spoke about regulatory and location constraints, and the City's Ridgeline Ordinance. Lastly, Community Development Director Liguori presented the Council with four proposed policy options A through D, as outlined in the written staff report on file in the City Clerk's Office.
Council Member Bennett stated that the purpose of the joint meeting was to provide the Planning Commissioners with guidelines pertaining to ridgelines and cell towers since cell towers were not considered in the General Plan.
Council Member Marquez questioned whether a precedence was already set with previous approvals of cell towers in City open space. Community Development Liguori stated that there are four cell tower facilities constructed and six that have been approved.
City Attorney Hensley said from legal perspective the approved sites would not set precedence because it is the City's property, but from the staffs perspective, it is important to send a consistent message to the carrier about what the Council is looking for and what can be controlled under the City's lease. He said there is not much that could be done on private property.
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REGULAR AND SPECIAL JOINT MEETING OCTOBER 24, 2023 Council Member Marquez said that water tanks are placed on prominent ridgelines so how do cell towers factor into being developed on prominent ridgelines. Community Development Director Liguori replied that water reservoirs are one of the items that are specifically exempted from the ridgeline protection provisions in the ordinance. Council Member Marquez inquired about power lines and height requirements and asked how some facilities on SCE poles are above the height requirements. Community Development Director Liguori said that collocated facilities do not have a height requirement; only the stand-alone facilities have height requirements. He said carriers are allowed to go higher if that is what they need in order to achieve signal strength.
Mike Stover, Planning Commissioner, stated that he wanted some clarity of Council's intent and whether these prominent ridgelines should be protected. He said that he appreciates the case-by-case process but said that it puts the community and the applicant through a convoluted process. He said that the City owns the best sites now, and that this issue has to be balanced and reflected in the General Plan vision statement, which is to preserve the rural character of Chino Hills.
Sheran Voight, Planning Commissioner, said that for the site that was denied, the Commission struggled with it because it was a "very prominent ridgeline" and stated that for the others that were approved were just "prominent ridgelines." She said that the Commission felt like they were not paying attention to the community's wishes and sought the Council's guidance on what needs to be protected. She stated that she agrees that ridgelines need to be protected but that cell towers are critically needed for safety responders as well.
Jerry Blum, Planning Commissioner, agreed with Commissioner Stover's points and asked if the leases with the carriers provide for anything quality wise that the Conditional Use Permits (CUPs) did not? City Attorney Hensley responded once a carrier comes in to update their technology the leases give the City more rights than what is outlined in the CUP. He said that interpretation by staff should be in writing with the CUP and eventually codified. Lastly, Commissioner Blum asked what the Council wants as the policy regarding ridgelines and cell sites and said that it is important that once a policy is set that the Council stand behind it.
The following residents spoke in support of protecting the City's topography and prominent ridgelines: John Blakely, Kathleen Elder-Blakely, Jim Sheffler, Sylvia Sheffler, Chris Winkle, and Joanne Genis.
Alisha Strasheim, AT&T representative, stated most of these cell tower projects have been worked on for over a year, and that carriers seek the best potential site and that they stay within the City's height restrictions. She said the only options for the best cell facility locations are on city owned properties.
Tim Brown, Crown Castle representative, said that it is an important issue and perspective on what drives these communication builds. He stated that the use, data, and infrastructure of phones have increased significantly. He agreed that ridgelines are beautiful, but the communications infrastructure is a must have and that all four major carriers combine their efforts for the best coverages.
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REGULAR AND SPECIAL JOINT MEETING OCTOBER 24, 2023 Community Development Director Liguori said that an appeal has been filed by the applicant of the Planning Commission's denial of the CUP for Ridgeview Trail. He added that due to the pending appeal that the item cannot be discussed at this meeting, but that Council can talk in generalities in policy but not directly to that project.
A lengthy discussion ensued cell coverages, concerns of proximity to residential areas, aesthetics, and ridgeline protection.
Following discussion, a motion was made by Council Member Johsz and seconded by Council Member Bennett to (1) approve "Option B" to modify the Ridgeline Protection Ordinance to not exempt wireless facilities, as outlined in the written staff report; and (2) directed staff to modify either the Ridgeline Ordinance or Wireless Facilities Ordinance to provide additional direction to the development of new facilities on hillsides of prominent ridgelines, prominent knolls, and exceptionally prominent ridgelines.
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 [2:53:10]
Public Information Officer(PIO) Freeman announced the following information:
• COMMUNITY PARK REHABILITATION PROJECT
o Phase III of the Community Park Rehabilitation Project is currently underway
o Fields five and six will be unavailable for use beginning November 6, 2023, through February 2, 2024
o While the artificial turf in the outfields is being replaced and the infields are being converted to artificial turf
o During this time Fields one through four remain available for allocated use • UPCOMING EVENTS - SAVE THE DATES
o Free Trick-or-Treat event at The Shoppes on Tuesday, October 31 st from 3:00 p.m. to 5:00 p.m.
o On Saturday, November 4th Mayor Rogers, City staff, and the Police and Fire Departments will visit Albertsons on Soquel Canyon Parkway during Pop-Up City Hall from 9:00 a.m. to 12:00 p.m.
o On Veterans Day the City will honor Veterans Day during the Salute to Service Ceremony at the Community Center on Saturday, November 11th. The ceremony will begin at 8:00 a.m. and breakfast will be served immediately following. No registration is required to attend o On November 16th the City will be hosting a new Friendsgiving event for children and families with special needs. Families can enjoy arts and crafts, games, and light refreshments from 6:00 p.m. to 8:00 p.m. at the
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REGULAR AND SPECIAL JOINT MEETING OCTOBER 24, 2023 McCoy Equestrian Center. The event is free to attend, however online pre-registration is required
o For more information on all the events, visit www.chinohills.orq/Events • CITY FACILITIES CLOSED FOR VETERANS DAY
o City Facilities and the Library will be closed on Friday, November 10th in recognition of Veterans Day
SAFETY UPDATES - Fire and Police [2:54:42]
Fire: Fire Chief Williams announced that the Chino Valley Independent Fire District will be hosting their State of the Fire District on October 25, 2023, and stated that all proceeds from the event will go back into the community to the Fire Foundation for items such as Automated External Defibrillators (AEDs), and Heart Safe and Bleed Safe products. He stated that two City staff members-initiated cardiopulmonary resuscitation (CPR) at Grand Avenue Park this past weekend and commended them for their actions as it takes a lot of courage to administer CPR as a young person. He said that they do not know the survivability of the person yet, and that he would like to invite the City staff members to a Fire Board meeting to recognize them for their heroic actions.
Council Member Bennett inquired about the Fire Districts recent open house. Fire Chief Williams said that they had over 2,000 participants and stated that the community is gathering more since the pandemic.
Council Member Joshz asked Community Services Director Marshall to speak about the Parks and Recreation staff who administered CPR and what actions they took.
Community Services Director Marshall thanked Fire Chief Williams for acknowledging his two outstanding staff members, Jadon Van Voorhis, who was at the recent Student Government Day as the Fire Chief and who is seeking a firefighter profession, and Kaya Nuno-Kimura who is an Ayala High School student. He said that he too would like to have them recognized at the next City Council meeting.
Police: Police Chief Girard stated that on October 19th the Chino Hills Police Department participated in the "Great Shake Out" earthquake drill and said that police staff inspected their emergency supplies and manuals, ran through scenarios given to them by the command staff, and staff went out in the field to familiarize themselves with the gates and evacuation routes in Carbon Canyon to ensure that they are prepared.
COUNCIL REPORTS [3:00:30]
Council Member Bennett
• CHINO VALLEY INDEPENDENT FIRE DISTRICT BOARD
Council Member Bennett attended the Chino Valley Independent Fire District meeting and said that the Board Members gave 30 years of Service Awards to Battalion Chief Joseph DeSoto and Deputy Fire,Chief Carlos Skibar. Lastly, he acknowledged the Board Members present at the meeting.
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REGULAR AND SPECIAL JOINT MEETING OCTOBER 24, 2023 Council Member Johsz
111 • WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Council Member Johsz attended the West Valley Mosquito and Vector Control District and stated that the Board spoke about a news report of Dengue fever being found in Pasadena which is only transmissible by mosquitoes.
COUNCIL COMMENTS [3:03:03]
Marquez: Council Member Marquez inquired about when will the City have the self- serving Hydrogen Fueling Station. Community Development Director Liguori stated that the plans have been approved and are awaiting construction. He said that the delay might be lease negotiation issues with the property owner and will inquire about the status. Council Member Johsz inquired about the location of the Hydrogen Fueling Station. Community Development Director Liguori stated that it will be located adjacent to the gas station near the Harkins Theater. Council Member Marquez stated that he would like staff to look into putting a museum at the old fire station on Eucalyptus Avenue. He said that Doug Sparks and Gwen Norton-Perry would like to share a lot of information about the City. Council Member Moran added that Denise Cattern would possibly have items in storage from the Historical Society to contribute as well. Council Member Marquez announced that San Bernardino Sheriff-Coroner Dicus will be in Chino Hills at the Chino Valley Real Estate Professionals event on Friday, October 27th 111 at 8:30 a.m. Lastly, he thanked the Planning Commissioners for attending the joint meeting this evening.
Moran: Vice Mayor Moran said that she attended the Survivor's Panel of Domestic Violence at the House of Ruth. She said that she is grateful that the City contributes Community Development Block Grant funds to this organization and would like to promote their resources on the City's website. She stated that she was not able to attend the recent Teen Advisory Board meeting and asked the City Manager to prepare a memo regarding the outcome of their first meeting. Lastly, she announced that Boys Republic has a bumper crop of assorted pumpkins for a donation of $30, which could be picked up at their Administrative Building Office.
Bennett: Council Member Bennett stated that this was the hardest meeting that he has been to in his entire career on Council. He said it was very emotional and apologized to Bob Goodwin and to those in the audience if they felt that his comments were hurtful or unprofessional.
Johsz: Council Member Johsz requested that the City conduct more outreach with the Humane Society about coyotes. He said that it would be helpful for the public to know what to do when confronted with them. Lastly, he requested a staff report or memo explaining the potential fines and fees of not recycling properly. 111 Rogers: Mayor Rogers reported on the Community Foundation's Wine Walk success.
He thanked all the Wine Walk volunteers, restaurants, City staff, and the 1,460 attendees for making it another successful event. He said that they made a profit of $123,000 which was right in line post Covid.
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REGULAR AND SPECIAL JOINT MEETING OCTOBER 24, 2023 ADJOURN IN MEMORIAM AND IN HOPE [03:11:45]
Mayor Rogers adjourned the meeting at 9:22 p.m. in tribute and honor of those who serve and have served in the Armed Forces at home and abroad. Their sacrifice and strength protect the goals and ideals that have made this Country great.
Respectfully submitted,
CHERYL BALZ, CITY CLERK
APPROVED: November 14, 2023