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MINUTES
CITY COUNCIL
CITY OF CHINO HILLS
JAN UARY 28, 2025
REGULAR MEETING
CONVENE MEETING AND ROLL CALL
Mayor Bennett called the Closed Session meeting to order at 5:15 p.m. and requested City Clerk Balz to call roll.
PRESENT: COUNCIL MEMBERS: ART BENNETT
BRIAN JOHSZ
RAY MARQUEZ
PETER J. ROGERS
ABSENT: COUNCIL MEMBERS: CYNTHIA MORAN
ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER
ELIZABETH CALCIANO, ASSISTANT CITY ATTORNEY
CHERYL BALZ, CITY CLERK
PUBLIC COMMENTS
There were no public comments.
RECESS TO CLOSED SESSION
Mayor Bennett declared the meeting recessed at 5.15 p.m. for Closed Session. City Clerk Balz did not attend this portion of the meeting.
EXISTING LITIGATION
Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1):
Existing Litigation: City of Chino Hills v. Flaviano E. Dimaranan, Adelaida A. Dimaranan, Ligang Li, Chuan Wang, Sommai Patamakanthin, Ashfaq Kazi, Farhana Kazi, James Moon, Geonju Moon, Xiangyan Gao, Yiming Qiu - Case No. CIVSB 2215448 Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1):
Existing Litigation - City of Chino Hills v. Wai Min Liu, Yi Liu, W Liu & Y Liu Family Rev Liv Tr 11/12/20, Lonnie Weber, Robert Weber, Santos Lemus, and Does 1 through 30, inclusive - Case No. CIVSB 2302673
Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1):
Existing Litigation - City of Chino Hills v. Weiming Mo, Zhao Jun, and Does 1 through 30, inclusive - Case No. CIVSB 2312001
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REGULAR MEETING JANUARY 28, 2025
CLOSED SESSION RECESS
Mayor Bennett recessed the Closed Session at 5:40 p.m.
CONVENE MEETING AND ROLL CALL
Mayor Bennett called the regular meeting to order at 6:00 p.m. and requested City Clerk Balz to call roll.
PRESENT: COUNCIL MEMBERS: ART BENNETT
BRIAN JOHSZ
RAY MARQUEZ
PETER J. ROGERS
ABSENT: COUNCIL MEMBERS: CYNTHIA MORAN
ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER
ELIZABETH CALCIANO, ASSISTANT CITY ATTORNEY
CHERYL BALZ, CITY CLERK
DANIEL BOBADILLA, PUBLIC WORKS DIRECTOR
CHRISTA BUHAGIAR, FINANCE DIRECTOR
JESSICA CONTRERAS, DEPUTY CITY CLERK II
BRANDON FONACIER, COMMUNITY RELATIONS ANALYST II
NICOLE FREEMAN, PUBLIC INFORMATION OFFICER
AL 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 FIRE DISTRICT
PLEDGE OF ALLEGIANCE TO THE FLAG [01:35]
Led by Olivia Aptekar, Chino Hills Teen Advisory Board
INVOCATION [01:58]
Led by Chaplain Adam Houde, Chino Valley Fire District.
PRESENTATIONS
WINTER HIGHLIGHTED VOLUNTEER - CITIZENS ON PATROL PROGRAM [03:07] Mayor Bennett a certificate of recognition on behalf of the City, County Supervisor Hagman, Assembly Member Chen, and Congresswomen Kim to Jeffrey Runtz, a member of the San Bernardino County Sheriff's Department Citizens on Patrol program.
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Mr. Runtz thanked the City for the recognition and said that he loves the City of Chino Hills, raised his family in the city, and said that he does not volunteer for the recognition but for the love of the City. Lastly, he commended his wife for her support.
PROCLAMATION - LUNAR NEW YEAR [07:06]
Mayor Bennett presented a Proclamation proclaiming January 29, 2025, as Lunar New Year, Year of the Snake, to Ayala High School Mandarin/Chinese Teacher and Chinese Club Advisor Lin Guo and the Ayala High School Chinese Club members. Ms. Guo thanked the City Council for the recognition, spoke about the formation of the Chinese Club, and introduced the club members before the Lion Dance, Chinese Folk-Dance, and instrument performances.
Principal Yarboi thanked the City and the Community for their support. She thanked Ms. Guo for her assistance in helping the students to work hard in and out of the classroom. Ms. Yarboi also congratulated Ms. Guo for being recognized by San Bernardino County Region 10 as a nominee for teacher of the year.
Ms. Guo introduced the Chinese Club Members and certificates from Supervisor Curt Hagman were presented to the students.
PRESENTATION - RETAIL MARKET UPDATE BY JONES LANGE LASALLE [30:17] City Clerk Balz introduced Erik Westedt, Managing Director, and Blake Kaplan, Executive Vice President of Jones Lange LaSalle (JLL), who provided a PowerPoint on the 2024 Commercial Market Overview in Chino Hills, which is on file in the City Clerk's Office. Mr. Westedt and Mr. Kaplan spoke about retail sales, foot-traffic recovery, quick- service restaurants, bankruptcies, limited construction, proposed mixed uses, store vacancies and potential restaurants coming to Chino Hills.
PUBLIC INFORMATION OFFICER REPORT [59:26]
Public Information Officer (PIO) Freeman announced the following information:
• ENGLISH ROAD RECYCLED WATER LINE PROJECT
o Road work is taking place on English Road for the Recycled Water Line project which is expected to last through fall 2025.
o Preliminary potholing began yesterday and will last about two weeks.
Once that is complete, construction crews will start work near English Road and Peyton Drive and work their way towards Village Center Drive. o Partial lane closures will be in effect during construction and the portion of the McCoy Loop that follows English Road may also be inaccessible at times or reduced to a very narrow portion of the road that is shared with vehicle traffic.
o Updates on the project will be posted at www.chinohills.org/EnglishRoad
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REGULAR MEETING JANUARY 28, 2025
• RECREATION NEWS
o Community Park Rehabilitation Project
• The City has begun construction on the final portion of the Community Park Rehabilitation Project to expand the existing parking lot.
• Due to the construction the mobile recreation program has been temporarily moved to the Community Center
• Construction is expected to be completed by the end of June 2025.
o Vellano Park
• Contractors are putting the final touches on the parking lot at Vellano Park, and the park will reopen sometime this week.
Keep an eye out on the City's website and social media platforms for the reopening announcement.
• LOS SERRANOS COUNTRY CLUB DRIVE CLOSURE
o Los Serranos Country Club Drive is closed between Los Serranos Road and Heritage Drive due to a recycled water main break, which damaged the integrity of the road. There is no neighborhood detour for this route, especially for school drop-off or pick-up. Temporary repairs to restore the road to drivable conditions are expected to be completed by Thursday.
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION [1:01:14] There was no reportable action taken in Closed Session.
PUBLIC COMMENTS - AGENDIZED ITEMS [1:01:19]
Maira Llamas, spoke about the impacts of South Coast Air Quality Management District (SCAQMD) Proposed Amendment Rules 1111 and 1121 banning the use of gas-powered appliances. She announced that SCAQMD will hold an Advisory Committee on January 30th regarding the new proposed rulings.
CONFLICT OF INTEREST / LEVINE ACT ANNOUNCEMENTS [1:05:26] There were no conflict-of-interest or Levine Act announcements to record.
CITY DEPARTMENT BUSINESS
CONSENT CALENDAR [1:05:33]
Mayor Bennett announced the Consent Calendar items and asked the Council if there were any items to pull.
Hearing none, a motion was made by Vice Mayor Johsz and seconded by Council Member Marquez to approve the following Consent Calendar Items:
MINUTES
The City Council approved the January 14, 2025, City Council Special and Regular Meeting Minutes, as presented.
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REGULAR MEETING JANUARY 28, 2025
CITY OFFICIAL TRAVEL EXPENSE AND REIMBURSEMENT REPORT
The City Council received and filed the City Official report regarding training and/or meetings reimbursed by City, pursuant to Government Code Sections 53232.2 and 53232.3 and the City Official Travel Expense and Reimbursement Policy Section 2.25 for the period of November 12, 2024, through January 27, 2025, as outlined in the written staff report, on file in the City Clerk's office.
ADMINISTRATIVE POLICIES AND PROCEDURES MANUAL UPDATE
The City Council approved revisions to Administrative Policies and Procedures Manual Sections 4.1 - Capital Assets; 4.4 - Fraud in the Workplace; and 8.8 - Surplus to align with Federal regulations and current City practices.
AGREEMENT AMENDMENT - BUILDING INSPECTION SERVICES
The City Council authorized the execution of Amendment No. 3 to Agreement No. A2023-077 with The Code Group, Inc., dba VCA Code, increasing the total not-to- exceed amount from $145,000 to $215,000 for contract building inspection services due to high building plan review volume.
AGREEMENTS - CITY YARD REHABILITATION AND MODERNIZATION PROJECT The City Council (1) renamed the City Yard Painting and Building Modernization Project (PF24002) in the Fiscal Year 2024-25 Capital Improvement Program to City Yard Rehabilitation and Modernization Project and amended the scope to include the City Yard parking lot pavement rehabilitation; (2) removed the City Yard Parking Lot Pavement Rehabilitation Project (PF23004) from the Fiscal Year 2024-25 Capital Improvement Program and transferred funds to the City Yard Rehabilitation and Modernization Project (PF24002); (3) awarded Agreement No. A2025-037 to RJM Design Group, Inc., in the amount of $212,519.00 for the preparation of design plans and specifications for the City Yard Rehabilitation and Modernization Project (4) authorized the City Manager, at his discretion, to approve cumulative change orders up to ten percent ($21,251.90) of the awarded agreement amount; and (5) determined this action to be exempt from review as a Class 1 Categorical Exemption under the California Environmental quality Act of 1970, as amended, (California Public Resources Code Section 21000, et seq., "CEQA") pursuant to Section 15301 of CEQA Guidelines.
AGREEMENT - GRAND AVENUE PARK LIGHTING PROJECT
The City Council (1) awarded Agreement No. A2025-039 to Ace Electric, Inc., in the amount of$492,000 for the Grand Avenue Park Lighting Project; (2) authorized the City Manager, at his discretion, to approve cumulative change orders up to ten percent ($49,200) 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
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REGULAR MEETING JANUARY 28, 2025
Resources Code Section 21000 et seq. ("CEQA"), pursuant to Section 15302 of CEQA Guidelines.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: BENNETT, JOHSZ, MARQUEZ, ROGERS NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MORAN
ITEMS INITIATED BY COUNCIL
OPPOSITION TO SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT RULES 1111 AND 1121 - RESOLUTION ADOPTED [1:05:58]
City Manager Montgomery briefed the City Council on the staff report, which is on file in the City Clerk's Office.
Council Member Marquez informed the Council that San Bernardino County Transportation Authority, Southern California Association of Governments, and the Building Industry Association took a position of opposition Rules 1111 and 1121.
Council Member Rogers stated that the City of Chino opposed the Rules as well.
Following discussion, a motion was made by Vice Mayor Johsz and seconded by Council Member Marquez, to (1) adopt Resolution No.2025R-003 of the City of Chino Hills, Opposing South Coast Air Quality Management District (SCAQMD) Rules 1111 and 1121 Regulating Air Emissions From Gas-Powered Central Furnaces and From Residential-Type, Natural Gas-Powered Water Heaters, Respectively; and (2) direct staff to send a letter to SCAQMD opposing Rules 1111 and 1121 and stating the impacts these rules will have on Chino Hills' homeowners, renters and businesses.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: BENNETT, JOHSZ, MARQUEZ, ROGERS NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MORAN
PUBLIC HEARINGS
MUNICIPAL CODE AMENDMENT NO. MCA-0003-2024 - ACCESSORY DWELLING UNITS - ORDINANCE INTRODUCED [1:09:50]
Senior Planner Gackstetter provided a PowerPoint presentation and briefed the City Council on the staff report, which is on file in the City Clerk's Office. He explained what
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Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit consist of, spoke of recent State legislation that prompted the proposed changes and outlined the proposed updates to the City's regulations.
Mayor Bennett opened the public hearing and asked if anyone wished to address the City Council on the matter.
Jim Gallagher, resident, addressed concerns about adequate parking space for accessory dwelling units (ADUs). He also inquired about property size requirements and limitations to be able to accommodate eight ADUs.
Community Development Liguori said parking requirements are set by State law and the City is prohibited by the allowable limits under such law. He continued that eight ADUs applies to a multi-family property, which could include new structures or garage and covered parking conversions. Community Director Liguori said that we must pass these regulations because State law compels us to.
Mayor Bennett said that State law mandates how homeowners can develop their own properties.
Mayor Bennett closed the public hearing.
Following discussion, a motion was made by Council Member Rogers and seconded by Vice Mayor Johsz, to introduce an Ordinance updating accessory dwelling unit regulations entitled: "An Ordinance of the City of Chino Hills, Amending Title 16 of the Chino Hills Municipal Code to Update Accessory Dwelling Unit Regulations and Finding the Proposed Municipal Code Amendment 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: BENNETT, JOHSZ, MARQUEZ, ROGERS NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MORAN
MASTER SCHEDULE OF FEES, FINES, AND PENALTIES AMENDMENT - RESOLUTION ADOPTED [1:22:26]
Finance Director Buhagiar provided a PowerPoint presentation and briefed the City Council on the staff report, which is on file in the City Clerk's Office. She outlined new and decreased fees for the Building Services, Development Services, Public Works/Engineering, Community Services, and Finance Departments/Divisions.
Mayor Bennett opened the public hearing and asked if anyone wished to address the City Council on the matter, hearing none, Mayor Bennett closed the public hearing.
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Following a brief discussion, a motion was made by Vice Mayor Johsz and seconded by Council Member Rogers, to adopt Resolution No. 2025R-004 of the City of Chino Hills, Amending the Master Schedule of Fees, Fines, and Penalties Set Forth in Resolution No. 2024R-029, Establishing New and Revised Fees and Determining That the Adoption of the Fees is Exempt From Review Under the California Environmental Quality Act.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: BENNETT, JOHSZ, MARQUEZ, ROGERS NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MORAN
PUBLIC COMMENTS - NON-AGENDIZED [1:28:07]
Sandra Jones, resident, inquired about what the City is doing to assist the recent fire victims.
SAFETY UPDATES [1:29:44]
Fire: Fire Chief Williams stated that the Chino Valley Fire District's (District) walk-in permit counter will be closed on Fridays, however they will operate by appointment only on Fridays, beginning February 3rd. He stated that the local cities have been notified and that letters have been sent to those contractors they most commonly do business with. Fire Chief Williams said the District wishes to still be attentive to the needs of their constituents, but with online services becoming more popular and for safety reasons, they are transitioning how they provide services.
Mayor Bennett asked Fire Chief Williams to place an article in the local paper as well as update the District's website to reflect their new business hours.
Council Member Rogers asked Fire Chief Williams what the District's response was to the two major recent wildfires.
Fire Chief Williams stated that they had deployed approximately ten staff members and two engines to both fires in Pacific Palisades and the Eaton Fire. He stated that in addition there was one REMS unit, which is a search and rescue unit, that was deployed to assist in recovering bodies from the fires.
Police: Police Chief Girard spoke about the new e-bike regulations, fines, and guidelines and stated that residents who would like more information for them to visit the City's website at www.chinohills.org/ebikes.
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CITY MANAGER UPDATE [01:34:41]
City Manager Montgomery spoke about the recent Southern California Edison (SCE) Public Safety Power Shutoffs (PSPS) and thanked the public and staff for their feedback. He stated that a lot of the information that SCE disseminated was inaccurate and he appreciated the public relaying real-time information to the City. City Manager Montgomery said that the City has no authority over SCE and commended staff for reporting information received from the public.
Mayor Bennett stated the SCE does not have a choice in PSPS events as it is state mandated by the California Public Utility Commission.
COUNCIL REPORTS [1:36:57]
Mayor Bennett
• CHINO VALLEY UNIFIED SCHOOL DISTRICT BOARD
Mayor Bennett attended the Chino Valley Unified School District Board meeting and said that the Ruben S. Ayala High School Chinese Club performed at the meeting. He also said that several parents and students spoke on behalf of the Chino High School Athletic Director and Swim Coach who are potentially being terminated for a drowning incident that took place last summer.
Vice Mayor Johsz
• LEGISLATIVE ADVOCACY COMMITTEE
Vice Mayor Johsz attended the Legislative Advocacy Committee meeting and said the committee reviewed the City's legislative platform and received an update from the City's lobbyist regarding the changes with the new President, Congress, Senate, and Assembly members. He said the Committee discussed Federal and State earmark requests.
Council Member Rogers
• WATER FACILITIES AUTHORITY BOARD
Council Member Rogers attended the Water Facilities Authority Board meeting and stated the Board reviewed the midyear budget and elected Board Officers for the coming year.
COUNCIL COMMENTS [1:39:11]
Rogers: Council Member Rogers commended staff for updating the community on the SCE PSPS notifications. He also inquired about the current Point-in-Time count.
City Manager Montgomery said that the Point-in-Time count identified four homeless people in the City this year. Council Member Rogers and said that four individuals is probably not truly representative, but he was encouraged by how proactive the City is being with regards to the homeless population. He spoke about the two water projects on Eucalyptus Avenue and English Road and asked for staff to continue to communicate with residents to assist in mitigating complaints.
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Marquez: Council Member Marquez attended a Metrolink meeting and said his prayers are with the Kettle family who lost their home in the recent fires. He attended the Southern California Association of Governments Legislative Committee meeting and said that the Committee took a support position on emergency Assembly Bill 226, that will allow bonds to add funding to the FAIR Plan, which is a program funded by insurance companies. Council Member Marquez asked Public Works Director Bobadilla if electrical lines could be put underground with Rule 28 money. Public Works Director Bobadilla stated that at this time there is no available funding in the City's Rule 28 account. Council Member Marquez said that it is important to begin discussions around a potential sales tax measure and to discuss Landscape and Lighting Districts soon. He continued that the City has high powered electrical lines running through a lot of the City's open space. Council Member Marquez asked Fire Chief Williams what the weed abatement distance is for clearance. Fire Chief Williams responded that he does not have an exact number but would be happy to follow up with the information. He said that SCE has an email address for residents to report areas of weed abatement concern which is weed s(c�sce.com. Council Member Marquez asked for the Legislative Advocacy Committee to discuss potentially moving a bill forward regarding nesting season prohibiting weed abatement under the powerlines, as SCE is frustrated by the regulations of not being able to perform weed abatement due to nesting season. Council Member Marquez commended the Public Works and Community Services teams for the expedited work at the Vellano pickle ball courts and said the courts look great.
Council Member Marquez stated that he attended the Cal Cities Public Safety Committee meeting and that the committee discussed Proposition 36 and the frustrations with the current legislation, as people need to be convicted three times prior to receiving help. He said that the committee also discussed the issues different fire agencies were having with trying to recall firefighters that live out of state to assist with the recent firefighting efforts and that Cal Cities will be looking at this issue more closely.
Council Member Marquez asked for Public Works Director Bobadilla to look at the tree trimming program and to potentially move the trimming schedule to where every tree is trimmed once every five years. Public Works Director Bobadilla said that the Public Works Department is looking into this issue and will be bringing it forth as part of the budget workshop for the next fiscal year. Council Member Marquez said that he has received a lot of complaints regarding truck traffic in Carbon Canyon and asked Community Development Director Liguori when the grading will be completed.
Community Services Director Liguori stated that he will get back to Council Member Marquez with an answer.
Council Member Rogers asked if five-axel dump trucks have permission to enter Carbon Canyon based on their permits for grading or due to it being a local project. Community Services Director Liguori stated that the trucks would need to enter from the Brea side so they are not negotiating their escorts, and he would investigate the issue Council Member Rogers was referring to.
Johsz: Vice Mayor Johsz stated the Legislative Advocacy Committee also discussed brush clearance and weed abatement as it specifically relates to Chino Hills State Park.
Assistant City Manager Hill stated that the City does not receive answers from the State
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regarding weed abatement and the State does not perform any active weed abatement in the State Park. Vice Mayor Johsz stated that there are several high-powered electrical lines going through the State Park and that the City needs to push our Governor and Legislators to take responsibility for the maintenance of the State Park. He continued that a resident called him during the PSPS events about not having power to operate a nebulizer machine. Vice Mayor Johsz encouraged residents who have medical needs to call SCE for more information as they have programs for residents in this situation.
Bennett: Mayor Bennett asked the community to reach out to the City Council in times of crisis as they will have the most up to date information and are happy to assist in getting their questions answered.
Mayor Bennett acknowledged Fire Board Director Kreeger and Deputy Fire Chief Gable in the audience. He also thanked public safety for their continued efforts.
ADJOURN IN MEMORIAM AND IN HOPE [1:54:32]
Mayor Bennett adjourned the meeting at 7:55 p.m. for those that lost their homes and their lives in the recent wildfires and in with deep gratitude, respect, and appreciation for the brave individuals who serve and have served in the Armed Forces. Their selfless contributions protect us all. He said may we as a community continue to support and honor them, as well as public safety responders.
Respectfully submitted, I'llDs
............
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DocuSigned by:
1044881BFA20430... '"'
CHERYL BALZ, CITY CLERK
APPROVED: February 11, 2025
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