[This transcript was generated automatically from audio using AI and hasn't been reviewed by a person -- it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.] [0:00] That's a part I would say being a married hotel. We more focus on a service as well as a local community, what we support and more hospitality, as we say. [0:14] So, it's not only just a basic room and I, you know, guests can come and sleep, but we focus as a whole, hopefully more warm and run coming. That's what we are a bold, normally we follow. [0:30] This is grown every year pretty much, I would say since open in December 6, 2023 right now we are at about one and a half year plus but every year we see significant growth this year is much more I would say 10 to 20% more than what we were and the first year. [0:54] and surrounding area, what we see a lot of opportunity still considering all of the locations. [1:01] And one of the biggest locations I would say about the BAPS Summit on Temple, that helps lots, [1:08] lot of weddings and a lot of events happening there, I guess we'll come and stay here, [1:14] besides that we do get a lot of things. That gives us a good growth opportunity. And we are still [1:22] a lot of our TV are on the businesses in the area, which we are trying to explore too. [2:38] Well, interestingly, I opened up the very first LA fitness that was the very first ground up [2:45] they'd ever built here in Chino, in December of 96. And I just had become a new yoga teacher [2:54] and decided I wanted to open up my own studio and fit body was nice enough to let me [3:00] sublease space from them, and a group from there, about 11 years ago, we opened up the space [3:07] you see here behind me, and this weekend we celebrated our 14th year anniversary, and this [3:14] just has become my home community. [3:25] Most of our advertising is simply word of mouth, and so the [3:30] fact that people continue to tell their friends to come here is something that we're eternally [3:35] great for four beyond words. [3:45] Not only do we have yoga, but we have heated kettlebell classes, where people do barefoot kettlebell [3:51] to good music, in our long-heated room, and we have ice bath classes in the backyard, where [3:58] people come together and get into the ice, we have sauna and lockers and showers, but I think [4:04] really what sets us apart more than anything is this vein of mindfulness that we try to [4:09] do out our offering. [4:22] You know to go from a small boot camp spot, sub-leasing behind [4:26] sprouts to this large 4,000 square foot space with lockers and showers and two big [4:32] yoga rooms is beyond our original vision and literally a dream come true. We're [4:39] just super grateful that the community continues to show up for us. Long as they [4:45] we're so excited about continuing to show up for them. [4:58] Continue to press. [5:00] To be a great work ethic is something that goes a long way when you own your own business. [5:08] We're just super grateful to be here. So I would say more than anything, just the sense of humility that the challenges have brought created this grit and gratitude for what it is we do. [5:56] China has both modern side and countryside charm. [6:01] My husband, he likes the countryside. [6:03] I like the modern side. [6:05] He loved eating here, he'll even bring his clients here. [6:08] And when it was up for sale, he took the opportunity and we bought it. [6:12] And we're very happy because we get to eat food here often for free. [6:17] And I don't have to cook as much. [6:25] First, I really need to thank Larry and Shelley, [6:27] They're the one who started the avocado house and they're the one who made this a chino favor. [6:32] When we took over, we kept the same recipes, which is upgraded ingredients, which oil to the avocado oil and add a new menu items. [6:39] The support from community is awesome. [6:42] Police officers, city staff, residents from Chino and all around cities, they come and support us. [6:47] So we're very grateful. [6:56] What's the true business of fun? [6:58] First food. [6:59] It's a full whole maple, maple, well, like Grandma Wood. [7:02] And that was Shelley's motto, and we really like it, [7:05] and we're keeping it too. [7:07] And second is the high-quality ingredient, [7:10] and especially the avocado oil. [7:12] It costs a $3,000 more per month [7:14] to use avocado oil instead of kind of oil. [7:17] But we made the decision to do it [7:20] because we care for the health of our customers, [7:22] our employees who eat our food every day, [7:24] and for our family. [7:30] If you want cozy countryside warm feeling, you can eat inside the restaurant and if you want [7:36] to like a more modern feel, you can eat at a random and a backyard, which is a wooden [7:41] favorite. [7:41] The slight having a picnic, you can relax and enjoy a nice southern California weather. [7:52] We're very grateful as we continue to grow, so we're planned to increase ours and we're [7:58] going to open for dinner, so people can now enjoy avocado house all day long. [8:03] We started a coffee shop called Rabbit and Beam in the Habrock and it's really doing well, so we want to open a second coffee shop here [8:10] So customers enjoy specialty coffee and matcha. We're very excited [8:17] First, you know, don't focus on money, profit, but just focus on giving joy and happiness to your customers and employees [8:24] Always serve you know high quality food that you would serve your own family [8:28] People will notice and they'll come back and also take good care of your employees because they'll take good care of your customers [9:08] So my dad came like 45 years ago in the seat of Chino [9:13] He thought that the seat of Chino was a good opportunity to open a new business and he was right [9:23] First of all, I want to thank the community of Chino because all these years [9:28] They support us and they love us and I want to say a big thank you to them [9:43] quality, the good quality for the products, the good customer service, and I think they [9:50] love what we're doing for that. [10:03] So we opened the first location for four years ago, and now we move like two years ago over here, with a big and nice location with trifles. [10:29] Because it was the first project for us, it was a little bit hard at the beginning, thank God. We make it with a help of the city of Chino, the help of the people of Chino, we're here now to serve it. [11:22] We knew Chino was in demand for more restaurants, but we also knew that the location that [11:26] we were going to be going into, but there was a lot of growth, and there was going to be [11:30] a lot that was going to come in, but we also knew it was going to take time to get there, [11:34] but still just with it, like how it is right now, we're still doing really good. [11:38] Like we knew coming into it, we were going to be busy right off the bat. [11:40] It seemed like a great place for the second location, for us to grow and make our name bigger. [11:51] Customers, you know, have been awesome at us, you know, we've been busy, it's been a year, and we've been busy, and busy, and busy every day. [11:59] You know, we've sponsored a lot of the youth baseball teams football team. [12:03] We know customers on a first-day basis, and, you know, we have a good set of regulars. [12:08] So the know the community has supported us tremendously, and they're keeping this place open. They're keeping it going. [12:20] We always knew that this is what we wanted to do. [12:23] Both owners always wanted to own their own restaurants. [12:27] I knew them closely. [12:29] I wanted to own restaurants as well. [12:31] And that was just the goal behind it. [12:32] It was, hey, let's turn Kenwoods into a household name. [12:38] We love when the kids that come in here. [12:40] Maybe we want to go to Kenwoods. [12:41] That was the goal to even next big things. [12:48] I would say what sets us apart. [12:50] One thing is we are a scratch kitchen. [12:52] So, everything is recipe based, everything is made fresh, everything is made fresh, daily. [12:58] One thing that we really preach is giving the best service possible. [13:04] Again, it all falls back to, you know, you can have great food, which we do, and a great atmosphere. [13:10] But at the end of the day, the customers are coming back for the experience, for the service part, and we try to teach our staff, you know, every day, hey, make each visit count. [13:19] put a smile on someone's face, get to know them on a personal level. [13:23] You know, when that customer comes in, we want them saying, [13:25] hey, is someone's so working today. [13:32] You know, we have a lot of good things going on, live music. [13:35] But we do a taco special, we have a brunch, [13:38] we have a happy hour from three to six Monday through Friday. [13:41] So as, you know, the community, you know, [13:43] here's about us and finds these things out, we just continue to grow. [13:47] My name is Matt Marazz. [13:48] I am the General Manager of Ken Liz Kitchen and Top [13:51] and Chino located in the Preserve Shopping Center, [13:54] off of Chino and Maine. [14:11] I was at the Baseball office. [14:12] I'm a cross-loaded California. [14:13] I gather on the Chino City Hall, [14:15] and celebrate randomly of four first-by-year shower blankets. [14:20] The day can go, a procession is down 17 years old, [14:23] from the dealership to the home, [14:25] followed by a ribbon cutting for the mayor, [14:26] units U.O. for Chino City Council, [14:29] a whole first-shyzer and a suit. [14:32] Fans enjoy life music, DJ entertainment, food truck, [14:35] And a live broadcast is being read a lot of appearances by some of the biggest names in baseball and fashion sports, creating an unforgettable day for fans, boys, or first try to shove away, picking with a ring of long-term recognition and tasting history, which has surfed, you know, and is trying to read it in 1941, it was a memorable day for cheating, welcoming a new child. [15:09] She [15:18] know is an absolute beautiful community. My husband and I are from Los Angeles. And so we were trying to get closer to family. We have a little toddler and in LA. There's wellness bars on every corner. Whereas here, we kind of noticed that there was missing link. You know, there's lots of big corporations and franchises. [15:39] And so we decided this would be the absolute perfect location to bring a little bit of that here. [15:52] The community in Chino has been the most important part I think of growing this business. [15:59] Word of mouth in this community is so major. [16:02] Everybody knows somebody and it's such a tight-knit community, especially in the wellness world. [16:09] And so it's just been incredible to, you know, grow with the community. [16:13] you know [16:18] there's smoothie bars everywhere but do they truly you know care about the ingredients [16:23] what's in it are the organic and so really I don't think there's anywhere here in the area that [16:30] really brings that to the community so that's truly what sets us apart and the aesthetic of course. [16:40] Sana in Arabic means brilliant praise and in Spanish it means healthy or healing and [16:47] Mana is the bread that God made rain, the nourishment, God's nourishment, and so all together it means [16:52] praise, God's healing nourishment, which is really just taking it back to the root of how he [16:57] intended us to eat, not the processed foods, really just nurture our bodies with whole-food ingredients [17:05] and then really the intention behind Sanamana. There's such a bigger picture with the community [17:11] and how we want to grow. [17:20] This is our first location, and we have exceeded [17:24] what our expectation was within the community, [17:28] and so it's so beautiful to see you. [17:32] Stay rooted in faith, stay rooted in your beliefs, [17:36] and when it gets tough, keep going, [17:38] because there was tons of times where we wanted to give up, [17:42] but just stay true to, you know, [17:44] you're calling in what you believe in your vision, [17:47] and you'll succeed. [18:19] I chose Chino because I was born in race in Chino and grew up here so Chino has a special place [18:25] in my heart. [18:25] My parents still live here and it's just nice to be able to service the community that I grew up in. [18:38] One of the ways that the Bronx Beauty Bar supports our local community is we partner with a lot [18:43] of non-profit organizations here at the Bronx Beauty Bar. [18:47] We're a part of the 100 women that is a collective that donate $10,000 quarterly to each [18:54] nonprofit that is selected we work with really for life which is another nonprofit that's here in [18:59] Chino and being an impact on our local community is really important to me and I feel like when [19:06] we're able to give back to the local community they go back to us by choosing us to provide them [19:12] with all their services. [19:24] One of the main things that I feel like sets our business apart is just [19:27] the service that we give to our clients. From the moment that our clients walk in to the end of [19:34] treatment, they are just filled with positive and pampering experience. We have body positive [19:41] messages all over the salon. We don't allow our clients to talk down about themselves in a [19:48] world full of tabloids and stigmas. People that feel like they're not worthy of getting beauty [19:54] treatments. We want to kind of shatter that expectation with them because everybody deserves [20:00] To feel beautiful and be pampered. [20:13] If I said I'm good to other business owners, it's just keep going. Business [20:17] Ownership is hard and it's not easy and there is no perfect guide to how you should be a business owner. [20:25] And a lot of it is learning along the way. So you have to be resilient and knock it up because you open your business for a reason. [20:32] There's a dream and a mission behind every business that has started, so being able to continue to do what you love, and when you do what you love, you don't feel like it's work. [20:57] Hey there, I'm Samantha. I'm the Community Engagement Manager here at the Animal Resource Center of the Inland Empire, [21:02] where the new Animal Services Agency for this region, we serve Ontario, Mont Clare Chino, [21:07] and the unincorporated areas of Westamner, Neal County. [21:10] We provide all animal services for this area. [21:13] Things like pet licensing, microchipping, your pets, supporting the community when they find [21:19] straight animals, adoptions, foster opportunities. [21:22] We also have volunteer opportunities. [21:24] Come on down, commute from over a very cute animals. [36:15] Okay, welcome to these September 1st Council meeting. We have several ceremonials this evening. Our 1st, obviously, is our flag salute. I'd ask, like to ask, council member of Florida's to lead us in the flag salute. If you'd please join us. [36:55] Thank you very much. Maybe seated. Our 1st ceremonial this evening is suicide prevention awareness, man. It's my honor this evening. [37:05] need to proclaim September 2026 as Suicide Prevention Awareness Month here in the City of [37:11] Chino. [37:12] I'd like to call up Monica Tiznato, our Clinical Programs Supervisor with Community Services [37:19] Parks and Recreation Department Monica [37:30] and the Proclamation Reeds, whereas on behalf of the [37:33] Citizens of Chino, we recognize the month of September 2026 as Suicide Prevention Awareness [37:40] should in light on those suffering with depression or other mental or behavioral health issues. [37:46] The health and wellbeing of all of our citizens is of the utmost importance. [37:50] And this city of Chino, San Bernardino County Department of Behavioral Health, [37:55] and Chino Valley Unified School District recognize suicide is a human tragedy [37:59] that transcends socioeconomic status, age, gender and ethnicity. [38:06] Suicide is the leading cause of death among youth and adults in the United States, for every [38:11] American who dies by suicide many more make a plan or attempt suicide and may seek [38:17] care and an emergency department. Suicide has an everlasting impact on the survivors who [38:23] are left to process the loss of their loved one and who are at the increased risk of the [38:28] suicide themselves. Suicide is preventable through increased knowledge and about warning signs [38:34] timely intervention and by limiting access to lethal means for those at risk. [38:41] Suicide prevention effort should be developed and encouraged to the maximum [38:45] extent possible in the city of Chino-Ophos mental health services to youth, adults, and families. [38:52] Now, therefore, I unissimilow a mayor of the city of Chino to hear by proclaim September [38:56] 2026 as Suicide Prevention Awarenessment in the city of Chino and urge all citizens [39:04] to continue to work to prevent suicide and to take action. [39:08] Know the signs, reach out, and know there is help and hope. [39:13] Thank you, Mayor. [39:14] It's this one, I say thank you, and behalf of the Mental Health Society. [39:19] We urge everyone if you need help. [39:21] Here at the city, we offer a counseling center, [39:24] and we are more than willing to connect you to either our services, [39:29] or if you need more intensive services, [39:30] we can definitely connect you to outside resources. [39:33] please don't feel that you're alone. [39:35] There's also a hotline, 988, you can always use [39:39] as an anonymous form of reaching out for help. [39:43] All right, thank you. [39:45] Thank you. [39:47] Oh, wait. [40:04] Okay, next, National Childhood Obesity Awareness Month. It's my honor this evening to also recognize the month of September 2026 as National Childhood Obesity Awareness Month in the City of Chino. I'd like to call up Rachel Films, CPS, CSPR Coordinator, and Jen Servantis, Executive Branch Director of the Chinovalli Williams CA, please join me up in front. [40:35] Whereas September 2026 marks the 16th Annual National Childhood OBC Awareness Month. [40:42] The City of Chenele along with its community partners, Chenele Valley Unified School District, [40:47] Chenele Valley YMCA, and focus on youth collaborative work to prioritize the health and well-being [40:54] of Chenele's children by supporting programs such as Healthy Chenele, Healthy Chenele Kids, Healthy Family Day, [41:01] and you know Valley Unified School District Health Center. [41:05] The City of Chino works in conjunction with youth sports leagues to provide space for [41:10] physical activities and team sports for children in the community. [41:15] Whereas approximately 15.2 million youth ages 2 through 19 years old in the U.S. [41:21] Avobesity. Children with obesity are significantly more likely to become adults with obesity [41:28] and face the increased risk of developing chronic diseases, including hypertension, cardiovascular disease, [41:36] type 2 diabetes and stroke. Participating in physical activities is important for children and teens, [41:45] and has a benefit, many beneficial effects, not only on body weight, but also on blood pressure, [41:52] bone strength and mental well-being. Proper nutrition is important for all youth, [41:56] as that impacts their physical and mental health body weight and is important in the prevention [42:02] of chronic diseases, whereas childhood obesity is preventable, yet it does not appear to [42:08] be declining. [42:10] Now, therefore, excuse me, I unissemulo a mayor of the city of Chino, do hereby proclaim [42:16] the month of September 2026 as national childhood obesity awareness month, and urge all residents [42:23] to take advantage of the programs and services that are available in the city of Chino. [42:30] Thank you, Mayor. Thank you, members of the council. It's always an honor to accept this [42:35] proclamation in September on behalf of Healthy Chino. We have a lot of fantastic programs that help [42:41] combat childhood obesity, healthy Chino kids being one of them as the mayor mentioned. We partner [42:46] with our local after school programs, high five and soar, so kids can get out and get active [42:52] And then we also have Healthy Grilling, which is a great program where families can learn how to make healthy recipes. [42:58] And I also want to give a big shout out to Jen from the YMCA, the YMCA is one of our partners. [43:04] They help fund and... [43:08] Okay. [43:08] Yeah. [43:09] Program events for us like Barbara Nail Park and Healthy Family Day for the community. [43:14] All right. [43:15] Thank you so much, Mayor, for this award. [43:17] And thank you Rachel for inviting us here. [43:20] on behalf of the Chino Valley, why I'm saying I think the City of Chino for always reaching [43:25] out to us and helping a partner with all the programming we have here in the community. [43:29] Thank you so much. [43:51] Okay, the next one is a big one. [43:54] Next we have recognition of Chino National Little Lake Junior District 23 and 57 district, 23 [44:01] tournament of champions and district 23 intermediate all to all star champion winners. [44:07] First, I'd like to recognize that 50, 70 district 23 players and coaches. [44:13] I'd like to call up coach Vincent Alameo. [44:16] Please join me up in front. [44:24] The Chino National Little League Cubs capture the 20, 26 district 23 tournament of champions title. [44:32] After an impressive run through the single elimination tournament. [44:36] In their opening game against Montclair, [44:38] the Cubs battle to a hard fought 65 victory to advance to the championship game. [44:45] In the championship game, you know, National Faced Ublin, the tournament champion for the [44:50] previous three years. The Cubs delivered an outstanding all-around performance earning a [44:56] I saved ten to two victory behind strong. [45:00] 15 excellent defense and timely hitting. We want to congratulate the 2026-5070 District 23 tournament [45:09] of champion, head coaches, assistant coaches and players. [45:14] It's going to call up your players. [45:22] Oh, sure. [45:25] The first player that's not present is Aranamaya. [45:33] The next player is Maximus Santiago. [45:47] Ricky Gillette. [45:59] Land in Gonzalez. [46:11] Aiden Luchuga, who's not present. [46:17] Lucas Martinez, who's not present. [46:24] Alexander Perez, who's not present. [46:30] Nicholas Ridilla, [46:46] Brody Roach, who's not present, [46:52] Levi Roy, not present. [46:57] Yes, those other sports. Madison Scott, [47:15] Jason Smith, [47:26] Ricky Valtese, [47:38] definitely my partner [47:40] in crime, Tyrone Scott, [47:53] and then my assistant coach, my Godson Bryan Scott. [47:57] Thank [48:08] you. [48:10] You're welcome. [48:11] We also have a certificate from Senators from Robio. [48:15] Congratulations. [48:17] Congratulations. [48:17] Thank you. [48:17] Absolutely phenomenal job. [48:19] Very proud of you. [48:21] Voice the other round for a picture. [48:24] Thank you. [48:35] Thank you. [48:59] Let's give another big hand. [49:02] Thank you. [49:14] Next, I'd like to recognize the Junior District 23 players in coach. [49:19] I'd like coaches. I'd like coach Frank Donaldson to please join me up front. [49:29] Facing single-game elimination, the Chino-National Little League Junior Dodgers [49:34] began their tournament run against the Ontario Wester. [49:37] The Dodgers put together an impressive performance and advanced with a commanding 141 victory. [49:46] In the Junior Division Championship game, Chino-National secured the title with an exciting 5-4 walkoff victory. [49:54] Congratulations to the 2026 Junior District 23 Tournament of Champions. [50:00] Let's go ahead to coach assistant coaches and players. [50:09] First player is Lucy Lanzo. [50:21] Damian Comples. [50:37] Frank Donison. [50:48] Jacob Gavaro is not here today, but we'll accept it on his behalf. [50:52] And we got Jaden Ivanias, [51:10] Jesse Leals, [51:24] Ethan Lopez, [51:36] Hayden Perez, [51:54] Christian Ramirez, [52:05] Roman Rivera, [52:17] Carlos Zamudio, [52:29] and first sitting coach Anthony Alonzo, [52:40] our other coach [52:41] Rubin Guevara is not here today, but we'll accept it on his behalf and our other sitting [52:46] coach Rosendo Rivera. [52:48] We [53:00] also have a certificate from Senator Rubio. [53:04] Let's give them another hand. [53:10] And they want a picture. [53:51] All the logistics of the picture, right? [54:05] Congratulations again. [54:22] And finally, I'd like to recognize the district 23 and [54:25] media at all star players and coaches, like to call up once again Vince Olameo. [54:39] We're going to start over on this side. [54:42] Tino National Little League delivered an outstanding performance throughout the [54:46] 2026 district, 23 intermediate all star elimination tournament. [54:52] Tino National Open Tournament play against Ontario Eastern United and came away with an [54:57] impressive 161 victory. [55:00] Earning a spot in the championship game. In the championship game, Chino-National faced a formidable [55:06] among Claire Little League team. In the in-Chino-National secured a 23 to 11 victory, and proudly [55:14] raised the District 23 champion flag. Congratulations to the 26 District 23 Intermediate All-Star [55:22] champions head coach assistant coaches and players not [55:36] present [55:37] Aaron and Maya [55:42] Maximus de Santiago [55:55] Ricky Gillette [56:08] not present [56:08] 18 Latuga [56:13] not present Zayden Moreno [56:19] not present [56:20] Alexander Perez [56:28] Nicholas Ridilla, [56:40] Roman Rivera, [56:50] not President Brody Roach, [56:56] not President Levi Roy, [57:00] Madison Scott, [57:14] Jason Smith, [57:24] Ricky [57:24] Valtease, [57:33] Coach Tyrone Scott, [57:47] Coach Brian Scott, [58:02] and again we have another certificate from Senator [58:06] So congratulations, let's give them another hand. [58:16] Yeah, there we go. [58:22] I just want to let you guys know that the format changed this year for us for all the upper divisions. [58:29] And it was single game elimination, so there was no chance for air at all. [58:35] And this lady and gentleman, they fought and worked very hard for this to bring the flag back to us. [58:44] So thank you for the city of Chino for providing our field. [58:49] Thank you, Eunice. [58:51] Thank you Ms. Comstock for the sponsorships. [58:54] Thank you, sir. [58:57] And thank you to our President, Ms. Scott. [59:29] Okay, next we have our business of the month. [59:36] Our first business of the month has operated in the city of Chino for nearly 50 years. [59:43] for the month of September, 2026. [59:46] I would like to congratulate Lawrence Glass, [59:49] as one of our businesses the month. [59:53] I'd like to call up Vice President Valerie Strixman, [59:57] and any guests that are with you. [1:00:02] Providing window repairs, window installations, shower glass enclosures, and more. Lawrence Glass has proudly served the [1:00:10] Chino community for decades. The team at Lawrence Glass offers donations to students, particularly [1:00:16] art majors. Items for students are offered a discount and on occasion offered for free. Lawrence [1:00:23] also offers discounts to churches in our local area. Lawrence also supports fellow local businesses [1:00:30] by referring customers as needed. They also utilize local glass suppliers to keep business [1:00:37] inchino as much as possible. When providing team lunches, they make sure to visit our local [1:00:44] restaurants, local glass, Lawrence Glass is all the time. Sorry. Lawrence Glass is also a [1:00:54] family business, Valerie took over the business from her uncle, Lauren, and continues the [1:00:59] of a great service. Please join me in congratulating one of our September [1:01:03] 2026 businesses of the month, recipients, Lawrence Glass. [1:01:20] I'd like to present you with this certificate of congratulations. [1:01:24] We're so very grateful that you're in our city. [1:01:27] You've done such great job many years. [1:01:30] Please introduce your partner. [1:01:32] I'm Valerie, this is Kevin. [1:01:34] Like you said, we've been here almost 48 years. [1:01:38] We want to thank you for this opportunity and the city council. [1:01:42] We also want to thank the Chino PD. [1:01:45] We get a lot of calls when you guys go out to break in. [1:01:49] People needing their houses secured right away. [1:01:52] We do the best we can to get out there as soon as possible to help them. [1:01:57] And it's also a love story. [1:01:58] I met up there in 1981. [1:02:01] But thank you everyone. [1:02:02] Now, tell them what you're located. [1:02:04] Oh, we're located at 5.913 Riverside Drive [1:02:08] at the corner of Oaks. [1:02:11] Really old little two-story building. [1:02:14] Kevin's uncle actually is the one that started the business. [1:02:17] Lauren Struksva. [1:02:19] And then Kevin and I took it over about 15 years ago. [1:02:24] Yeah. [1:02:24] Yeah, great guy. [1:02:25] Well, thank you very much. [1:02:27] Thank you very much. [1:02:28] You provide a very important service to our community. [1:02:31] Thanks. [1:02:31] And you know what? [1:02:32] We appreciate all the word amount. [1:02:33] that's always survived, yeah, of course. [1:02:52] Our second business of the month carry out burgers, [1:02:55] they could not be here this evening, [1:02:57] so we'll be recognizing them at our next council meeting. [1:03:00] Next, we have the mayor's home beautification award. [1:03:03] It's my pleasure to give the mayor's home beautification award [1:03:06] of September 26th to Sean Luck of Gilaford Avenue. [1:03:11] Are you here, Sean? [1:03:13] Come on up, please. [1:03:16] And bring your family, if you brought family with you. [1:03:26] Your wife doesn't want to come up with you. [1:03:30] She's shy. [1:03:32] We have a certificate thanking you for your continued improvement of your property. [1:03:37] We have a beautiful picture that is shown on the screen. [1:03:41] We also have an individual picture for you. [1:03:45] We have two lapel pensets for you. [1:03:51] See, you should have come up with them in helping. [1:03:53] We have two pen and pencil sets and we have the coveted yard sign [1:04:05] for all your neighbors to see that all of your hard work paid off. [1:04:09] Okay, great. [1:04:13] It's my honor receiving you this award. [1:04:17] Thank you. Thank you so much. [1:04:20] Thank you very much. [1:04:58] Prior to the eating, the meeting is... [1:05:00] This evening, we did have a closed session. I'd like to ask our attorney to give us a report out of any action that was taken. [1:05:07] Thank you, Mayor. Members of the council and all those present, the City Council met in closed session as announced by the mayor and held a discussion as to each of the three items listed on the closed session portion of the agenda. [1:05:19] namely item number one conference with legal counsel, one item of existing litigation, [1:05:24] the matter of Mary Ingrid Colp versus City of Chino. City Council received a briefing as to the [1:05:30] status of that matter provided in direction and no further report of election was taken. [1:05:36] The council then held a discussion on item number two public employee performance evaluation, [1:05:41] Title City Manager, the, pardon me, the council conducted the performance of evaluation of the city manager, provided feedback, and no further report of election was taken. [1:05:55] Finally, the council met on item number three conference with Labor Negotiator, concerning the unrepresented employee, the Title City Manager. [1:06:04] City Council considered the negotiations related to the City Manager's contract provided [1:06:11] direction and no further reportable action was taken. That concludes the report. Thank you. [1:06:16] Thank you very much. Next under public announcements on September 19, visit our free [1:06:23] compost and multi-givowave from ADM to noon at the Public Works Services Guard located at [1:06:29] 50 Shave First Street. [1:06:31] Chinoresidence are invited to stop by to receive compost and mulch from the front parking lot and no charge [1:06:38] while supplies last. [1:06:40] mulch is available on first come for services and you must bring your own shovel and durable containers to load. [1:06:47] For more information, please call 909-334-3289. [1:06:53] In celebration of Labor Day holiday, City Hall and Most City facilities will be closed on Mondays [1:06:58] September 7th, we will be back to our regular business hours on Tuesday, September 8th. [1:07:06] Finally, we would like to adjourn tonight's meeting in memory of Nikki Mullins, a champion [1:07:10] for the Chino Boxing Club, who passed away on July 22nd. Nikki joined the Chino Boxing Foundation [1:07:17] Board in 2022 and was a valued member during her time on the board, Nikki served as [1:07:28] Secretary, Nicky was a huge supporter of the Chino-Youth Boxing Foundation in generously gave [1:07:34] her time to help make countless events and activities successful. [1:07:41] She volunteered at Saturday night fights, Gobler gloves, the Chino-Youth Boxing Christmas [1:07:46] parade, entry float, the Chino-Youth Boxing Foundation banquet and their holiday pot look. [1:07:53] Whether as a assistant and guest with guest check-ins, the merchandise table, the snack bar, [1:07:58] the Rappel table or wherever else Nikki was needed, she would always be counted on to lend [1:08:03] a helping hand. She approached every responsibility with generosity, dedication, and a genuine [1:08:09] desire to support the organization and the youth that serves. Nikki's contributions to [1:08:15] the Chino-Youth Boxing Foundation will always be remembered and deeply appreciated. Our condolences [1:08:21] go out to Nikki's family, loved ones, and the entire Chino Boxing community. Tonight's meeting [1:08:27] will be adjourned in memory of Nikki Mullins. [1:08:32] Next on the agenda, we have changed our order a little bit. [1:08:36] Tonight, we are going to have our director reports. [1:08:39] Do we have any directors that have group ports this evening? [1:08:47] You know, coming on. [1:08:48] Yeah, there we go. [1:08:50] This evening, I'd like to introduce our newest director to the city of Chino, and that is [1:08:57] Director of Development Services, Swati Meshram. [1:09:02] Dr. Swati Meshram. [1:09:05] Good evening, Mayor and Council. [1:09:07] My name is Swati Meshram. [1:09:08] I have actually been working with the city of Chino for almost four weeks now. [1:09:13] And I can honestly say I'm so blessed to be a part of Chino. [1:09:17] I have met the team here. [1:09:20] Everyone is dedicated to their work in embodying the values [1:09:25] that are the city of Chino, so I'm very blessed to be a part of this team, a little bit about myself. [1:09:32] I have a couple of decades of experience in development services, half of which has been in local government and the other half in private sector. [1:09:42] And I'm really excitedly looking forward to serving this council and the community of Chino. Thank you. [1:09:48] Welcome aboard to our team. [1:09:51] Any other directors, Jackie? [1:09:57] Good evening Mayor and council, so we want to invite [1:10:00] At the community to the third annual inclusion community celebration, scheduled on Saturday, September 26th, from 10 to 2 at the Neighborhood Activity Center. [1:10:09] The Community Services Parks and Recreation is teaming up with Adrian Sworlde in chasing seven drinks, non-profits, for an exciting block party, specifically designed for chino special needs in neo-duber's community. [1:10:20] The activities include 48 resource ventures, space painting, and pitting suit, inclusive skateboarding, [1:10:27] a game track, free lunch, and ice cream. [1:10:30] In addition to the activities the Chino use museum will provide a free admission to all participants [1:10:35] and will offer interactive exhibits for children and families of all abilities, including a sensory room [1:10:41] and partnership with behavioral highway. [1:10:45] Registration is required. For more information about the event and register volunteer, please visit [1:10:51] cityofchino.org Inclusion. Thank you. Thank you very much, Sylvia. [1:11:00] Our next report will be by the chief. [1:11:07] Good evening, Mayor. Members, it counts like I got a couple of events I want to talk about. [1:11:10] The first I'm just going to read of as Linda missing something on it. [1:11:13] So September is National Preparedness Month and invite our residents to learn about how you can stay ready during [1:11:19] the disaster at our annual Chino CARES emergency preparedness fair happening on Saturday, September [1:11:25] 8. [1:11:25] I'm sorry September 19 that the Chino Police Department, the Chino CARES emergency preparedness [1:11:30] fair is a fun, family-friendly event focused on empowering the community to prepare for disasters [1:11:36] and emergencies. [1:11:38] The event will feature a variety of exciting activities including emergency preparedness demonstrations, [1:11:43] touch a truck displays, informational booth giveaways, and more for additional information [1:11:52] And then the second event I want to talk about on Saturday, September 12th at 5 p.m. [1:11:59] At Iala Park, we are going to be hosting our first annual charity softball game, [1:12:04] where members of the Chino Police Department will be going against members of the Chino Valley Fire Department [1:12:09] for a charity softball game, all the funds that we raise for this event are going to be donated [1:12:15] to the city of Hope, Pediatric Cancer Unit. [1:12:19] So we've been practicing. [1:12:20] We're ready for this big event. [1:12:23] We're actually selling t-shirts online. [1:12:25] You can access that through our social media. [1:12:27] We're going to be selling patches there. [1:12:30] Also accepting donations. [1:12:31] There would be a booth set up by the city of Hope. [1:12:35] You'd choose to be out there with the dessert booth. [1:12:37] It should be a really good event. [1:12:40] And we've heard oral herchisers [1:12:42] are going to be there. [1:12:42] I'm going to throw out the first pitch. [1:12:43] So, it should be a fun event, so we invite everyone to come out on Saturday, September 12th, 5 o'clock at Ielapark. [1:12:52] That concludes my report, must say you have any questions. [1:12:54] Fantastic, thank you, Kevin. [1:12:57] Next, we have the fire chief. [1:13:04] Good evening, Mayor. [1:13:06] I'm trying out these new contact things. [1:13:07] I'm not real sure I'm liking it, but I'll try my best. [1:13:11] Please go now and set the fire district has again received the recognition as a fire risk reduction community. [1:13:16] This achievement reflects our ongoing commitment to [1:13:19] commitment to reducing wildfire risk, protecting lives of property and creating [1:13:22] safer, more resilient, place to live to the best practices of fire planning. [1:13:26] The achievement is valid from July 1 to June 30th of 2020. [1:13:31] The fire risk, a community list is part of a safer from wildfires initiative that [1:13:36] can assist residential commercial policy holders obtain discounts on their [1:13:39] insurance. [1:13:40] So for those that have a concern, we've had some challenges, especially as a [1:13:43] please reach out to your insurance companies, [1:13:47] explain that we are now a or we continue [1:13:49] with our fire risk reduction program [1:13:51] and see if they can help you with your rates. [1:13:54] And that's all I have in this evening questions. [1:13:55] Is there any kind of like certificate [1:13:57] that you provide them or anything for their insurance? [1:14:00] I don't know that we have that. [1:14:02] I would defer to our community risk department. [1:14:05] So feel free to call the fire district 909 902 5260. [1:14:10] Ask for the community risk reduction department. [1:14:13] And if there's any certificates, we will certainly provide those for you. [1:14:16] Good information. [1:14:17] Now, are you up for this baseball tournament? [1:14:21] Well, I mean, we saw how the boxing went. [1:14:23] I don't want to put it out there, but we're there. [1:14:27] Oh, I think PD will win this when I hope. [1:14:32] Thank you very much. [1:14:34] Okay. [1:14:34] Next, we have public communication. [1:14:36] This is the time and the place for the general public to address the council about items that [1:14:41] not appear elsewhere while we cannot take action on anything that you bring up. [1:14:47] We would appreciate your concerns. [1:14:49] Our first written request to speak is Pastor Dan Dany, [1:14:54] Unterkoffer from Crosspoint Church. [1:14:57] He's going to lead us in an invocation, all those who... [1:15:08] It's a great blessing to be with you all this evening. Let's pray together. [1:15:14] Almighty God, we come before you with thanks and praise and request because we believe and trust [1:15:21] that you hear us. In your mercy here are prayers for the people and for the community of [1:15:26] know. We praise you for the wonderful things that you're doing in our community. We praise [1:15:32] you for jobs and for homes, for celebrations, and for the protection that you bring each [1:15:38] and every day. We thank you for the love, hospitality, and care that the people of [1:15:43] she know display each and every day. We thank you that we get to work, play, and live in such [1:15:49] a vibrant and wonderful community. And we thank you for the men, women, youth, and children [1:15:54] that make this city what it is. We can see that your grace is at work here and we're grateful [1:16:00] for it. But we also come with heavy hearts. The people of Chino are also experiencing pain [1:16:06] and struggle and loss and we grieve with those who've lost loved ones. Those who've lost their [1:16:13] jobs and have financial problems. Those who feel like they have little to live for. We pray for [1:16:20] those who were battling disease, cancer, illness, we pray that you would heal them. [1:16:29] Almighty God bring comfort and hope to those who are in need and send people into their [1:16:33] lives to support them and strengthen them, have mercy on those who stand in need of your [1:16:39] strength and your power. [1:16:41] God, we pray that you would strengthen the people of Chino. [1:16:44] Teach us what it means to stand with one another, to fight for one another, and to seek [1:16:49] the best for our neighbors may we be a city that is known for the way that we treat one another, [1:16:55] make us a city that is not just united with our words but with our actions. [1:17:00] Tonight I pray that you give this council wisdom as they discern how to make this city [1:17:06] safe, strong and good. May they stay focused on the vision for Chino to be a safe place where [1:17:12] everything and everyone grows. May they lean on one another in the voices of the citizens so [1:17:18] that every person in this city can thrive. [1:17:21] Thank you for their dedication, for their sacrifice, [1:17:24] for their commitment. [1:17:25] May they feel honored and supported [1:17:27] and their efforts to make Chino the best that it can be. [1:17:32] You have blessed this community abundantly [1:17:34] and we pray that you would continue to do so. [1:17:37] Thank you for the opportunity to gather [1:17:39] as a community tonight. [1:17:41] And we pray this in the name of our Lord [1:17:43] in Savior Jesus Christ. [1:17:45] Amen. [1:17:46] Thank you, Danny. [1:17:53] Our next written request to speak is Joan Jenis. [1:18:10] Good evening Mayor, Council, I'm back. [1:18:16] I'm just here tonight to bring awareness of an action that a city and another county [1:18:20] has taken to address to try and address a homelessness issue that they have been facing. [1:18:26] I think what this city did is important for other cities to hear, especially with the lepics [1:18:30] to L.A. and some of the concerns the neighboring cities and counties have with the possibility [1:18:36] of displacement of unhoused individuals in disrounding communities. [1:18:40] The city of Riverside recently established an orderance in July called the drop off ordinance. [1:18:46] The ordinance requires city and county agencies, law enforcement, social service, agencies, [1:18:52] hospital, and medical facilities to provide at least 24-hour advance notice before transporting [1:18:57] They're dropping off an individual experience home in this within the city of Riverside. [1:19:02] This will allow the city to arrange the different degrees of support needed for the individual. [1:19:07] I know Chino is proactive in addressing the homeless problem with a quality of life team. [1:19:12] I'm grateful for this team because they did interact with my son on a couple of occasions. [1:19:16] When I heard about this ordinance, [1:19:18] talked about on a couple of TV news sources and in the newspaper, [1:19:22] a cop may attention in here's why. As I have shared with you previously about my son, [1:19:26] who was homeless for three years. During that time, he struggled with the severe mental illness [1:19:30] a serious meth addiction and was also neurodivergent. For those three years, I advocated tirelessly [1:19:36] for him. I did everything I could to try to get him off the streets. Eventually the department of [1:19:41] behavioral health accepted him as for an insistent outpatient treatment under lower law. [1:19:46] Once the court process began, the judge ordered an AOT evaluation to be completed to be completed [1:19:52] to arrowhead regional medical center, and which the judge was upset when she received the evaluation [1:19:57] due to the being incomplete. [1:20:00] Department of Behavioral Health staff members and a sheriff deputy, located my son, detained him and [1:20:04] transport him to ARMC for that evaluation. Three days later, he was discharged. His records indicated [1:20:11] he was experiencing significant mental health issues and was considered gravely disabled. Yeah, when he [1:20:15] was discharged, ARMC gave him a bus pass and sent him 31 miles back to his towards his [1:20:22] in Chinoelles. He had no money, he had no cell phone, and absolutely no one was notified [1:20:26] that he was being discharged. This greatly upset the judge, especially when she later [1:20:31] learned that my son had been killed just seven days later after he was discharged by [1:20:35] a hand-run driver while across the industry. He was a paying attention to this mind. [1:20:39] When I learned about Riverside's drop-up ordnance, I couldn't help but see a connection and [1:20:44] here's why. I realized that my son was not technically a drop-up under a Riverside's [1:20:49] or not, but in many ways, that is exactly what happened to my son. [1:20:53] He was just charged from a hospital and unfamiliar city and left to make his own way back [1:20:57] to an accountant, 31 miles away, without any meaningful resources or support. [1:21:02] The only instruction he had given upon discharge was to contact Mesa Counseling Services [1:21:07] in Rialto. [1:21:09] There was no hand-off. [1:21:09] There was no notification to the judge. [1:21:11] There was no waiting for him and apparently there was no coordination plan for what would [1:21:15] happen next. [1:21:16] So I asked myself, if an ordinance like we were [1:21:18] in place in San Bernardino County, or even statewide, could someone have been notified? [1:21:24] Could there have been better coordination? [1:21:26] Can someone have the interview? [1:21:28] Could Cody still be alive today? [1:21:30] I will never know the answer to those questions, [1:21:32] and I don't want another family to have to ask these questions. [1:21:35] I am left asking. [1:21:37] The city of Riverside's drop-off ordinance won't solve the root causes of holiness, [1:21:41] but I give them credit for trying to address some of the problems associated with it. [1:21:45] Maybe our lawmakers need to pass the statewide statute similar to the ordinance. [1:21:49] By the way, at the last hearing we attended, [1:21:52] our AMC was ordered to attend Department of Behavior Health Council provided the judge with [1:21:58] template outlining changes that both the hospital and DPH would be implementing as part of the [1:22:03] ALT process. I sincerely hope they follow through with these changes and that they help improve the [1:22:09] process so that there are no more incidents like coding. It's heartbreaking and it took the [1:22:13] of a beloved individual to bring about these changes and I think because we are so proactive [1:22:18] at every single hearing we attended, they knew that they have to make changes and it [1:22:24] to be a year next month that Chief Manson brought that thread and knocked to our door. [1:22:30] It might be a year ago, but it seems like yesterday. [1:22:33] Thank you. [1:22:34] And I actually went to the Board of Supervisors meeting and it's shared this with him too because [1:22:37] this is a good ordinance and it has to be a dress because we have so many mentally illness [1:22:42] out on the streets and I've heard from other outreach teams that they bring them in and then [1:22:48] they just release some things that need to change. [1:22:51] But thank you. [1:22:52] Thank you for listening. [1:22:53] Thank you, Julian. [1:22:54] Very much. [1:22:54] And thank you for the information. [1:23:01] Phillip, is it chin? [1:23:11] Good evening, Madam Mayor. [1:23:13] It's theme council members. [1:23:15] My name is Phil chin. [1:23:17] I'm here tonight to formally address a severe procedural and legal error made by the director [1:23:23] of development services. On April 8th, of this year, the director quietly approved the extended, [1:23:32] sorry, approved and extended the expiration date of the Eden project adopted under [1:23:39] resolution 2025-048. This extension was granted behind closed doors without public notice and [1:23:48] out of here. The community only discovered this decision on August 26, 2026. This administrative [1:23:56] approval directly violates Chino-Zoning Code Section 20.23.128.B.5 and is also inconsistent [1:24:07] with Section 20.23080 and 20.23090. Our local zoning code explicitly denies the director [1:24:17] of development services authority to administratively approve a project that is controversial. [1:24:25] Section 20.23.120.b.5 mandates that, and I quote, should the director determine that [1:24:33] an administratively approved project would result in a substantial opposition or controversy [1:24:39] within the neighborhood or the community as a whole, the director shall refer the application [1:24:46] into the planning commission for review and action at a public hearing. [1:24:51] Council members, the word used here is shell, not May. [1:24:56] The City Council records from July 15, 2020. [1:25:00] Twenty-five appeal hearing before this council explicitly documented overwhelming extreme community opposition to this exact project. [1:25:12] The public loudly opposed the sub divides this property into five lots and allows 100% commercial development on four out of the five lots. [1:25:23] Because substantial neighborhood controversy was already an established recorded fact, the director [1:25:31] had zero legal authority to hand out a quiet, staff extension. [1:25:37] This application belongs right here in front of the city council at a noticed public hearing, [1:25:44] but the air isn't just procedural. [1:25:46] It is fundamentally deemed illegal under state law. [1:25:50] between this time and, sorry, between the time of this project, that was first adopted [1:25:58] by the resolution and the time that this extension was granted, the California Supreme [1:26:03] Court finalized the landmark Rijondo Beach decision. [1:26:07] And that really made it clear. [1:26:09] Cities cannot use mixed use or housing overlays to meet state housing mandates if the underlying [1:26:16] based zoning allows a developer to build zero residential units on the subdivided parcels. [1:26:24] By extending an entitlement that permits 100% commercial build-outs on four out of these [1:26:30] five subdivided parcels within a housing overlay, it is argued that this administration [1:26:36] administrative action authorizing a zoning configuration that California court courts [1:26:43] have declared illegal. [1:26:45] To grant an extension, the director is legally required [1:26:48] to find that no major changes in law have occurred, [1:26:52] that Ritondo Beach ruling is a massive binding change in law. [1:26:57] The required legal findings for this extension [1:26:59] could not justifiably be made, [1:27:02] and was an invalid discretionary decision. [1:27:05] We are asking the city council to enforce our local ordinances [1:27:09] honor the rule of law and immediately schedule an agenda item to vacate and void the April 8th [1:27:17] Administrative Extension. [1:27:19] Do not allow a developer to bypass state housing tax start, state housing laws, and ignore [1:27:25] the Chino-Zoning code through a back room staff approval kept secret from the public. [1:27:31] Forced this project back into the light of public hearing, where it must be redesigned to comply [1:27:37] with current law. [1:27:38] Thank you. [1:27:46] We can't take action on this item that Fred, I would ask you to follow up, please. [1:28:00] Provide responses. I'd like you to follow up with report separately. [1:28:06] Yeah, this is important. I do have some initial responses. [1:28:13] See, we have Assemblymember Michelle Rodriguez report. [1:28:20] Roxana Garcia. [1:28:27] Good evening, Mayor, council members, staff, and the public. [1:28:31] My name is Roxana Garcia, and I'm the district director for Assembly Member Michelle Rodriguez. [1:28:37] I'm here to invite you all to Assembly Member Rodriguez's upcoming event. [1:28:42] It's called Pink with Purpose, and I'll put it on camera, so if anybody's watching. [1:28:46] I will send out an invite to all of the council, and it's up on our social media. [1:28:51] it's on our website it's called Pink with Purpose it's a Women's Health Fair and Resource Fair and it's on Saturday, October 17 from 11 to 1 p.m. [1:29:00] We're going to be having free mammograms which is really really important for the community. [1:29:05] It will be open to the community so we will not turn anyone away if you have insurance if you don't have insurance. [1:29:11] Health screenings will be provided it will have resource booths and will have free food. [1:29:16] This event will be happening at the Anthony Muñoz Park [1:29:20] in the city of Ontario. [1:29:22] And we would love for all you to spread the word, [1:29:26] share this important event with anyone who may need it, [1:29:29] especially right now during difficult times. [1:29:31] Health insurance is really high. [1:29:33] So if you can come out and get your free mammogram, [1:29:36] please feel free to share this information [1:29:39] with anyone who may need it. [1:29:41] I also wanted to share that in the meantime, [1:29:44] Please reach out to myself. [1:29:48] My contact information is Roxana, [1:29:51] that's spelled R-O-X-A-N-N-A [1:29:55] Period-Grasia, and that's G-R-A-C-I-A-A-S-S. [1:30:00] .ca.gov. That is my email. Anything that you need from our office, please don't hesitate to reach out. We are right across the street too. We provide state resources. So, if you know anyone who is experiencing any issues with state departments, you can call our office and we work as case workers, essentially. So, if you know anyone that's dealing with unemployment, state disability insurance, [1:30:27] I mean, the list goes on and on, paid family leave, [1:30:29] issues with the DMV, any state departments. [1:30:32] If you need assistance, please utilize us. [1:30:34] A lot of people don't know that they can go to their state [1:30:37] representative's office to get assistance. [1:30:41] We get calls telling us that they go to the Chino Hills EDD office [1:30:46] and that they wait in hours. [1:30:48] They call our office. [1:30:49] We can get their cases solved within a couple of days. [1:30:52] Our phone number is 9099029606. [1:30:58] Thank you so much for allowing me to speak tonight and beautiful beautiful full city council. [1:31:03] Thank you. [1:31:04] Roxana, where is the Anthony Munus? [1:31:07] The address is 1, 2, 4, 0, [1:31:10] West, 4, 3 in the city of Ontario, California, [1:31:15] 9, 17, 6, 2. [1:31:17] And if you go to our website, you can scan the QR code, [1:31:20] which is found right here, the flyers on our website under events, [1:31:23] and you can sign up to sign up for your slot. [1:31:26] We will take walk-ins, but we prefer folks to sign up beforehand so that it guarantees your exam. [1:31:32] Great, thank you very much. [1:31:33] Thank you. [1:31:34] Maybe Jack, maybe we can provide a link to that flyer. [1:31:37] That's the important information. [1:31:39] Thank you, Roxanna. [1:31:42] See you next. [1:31:44] Mr. Michael Sherman. [1:31:54] Hello, council. [1:31:55] Michael Sherman. [1:31:56] Address 1-1828, Monovist Avenue. [1:31:58] Chino. [1:32:00] I'm calling today regarding a citation I received. [1:32:03] I'm not calling. [1:32:03] I'm here. [1:32:05] I've been on the phone last today. [1:32:09] A citation I received Friday in the mail about my front yard food forest, my garden, my [1:32:17] landscape. [1:32:19] I've tried two occasions, one on July 8, one on August 12th. [1:32:26] I reached out to everybody, including you guys, regarding clarity on to which plants I need [1:32:32] to cut back. [1:32:33] I'm not going to just pretend to know what you guys want. [1:32:37] I want clarity on what plants I need to cut back. [1:32:40] A lot of them, all of them, are food producing. [1:32:43] And by cutting them back, I will reduce the amount I produce. [1:32:47] I'm a poet, and didn't know it. [1:32:52] And so I paid already a fine back in April, I think. [1:32:58] It was $500 and you guys blessed me with another one. [1:33:02] of $500 with the stipulation that if I don't comply by the 16th of this month, it'll be [1:33:10] another $500. For a landscape that everyone I've talked to, in person who has been there, [1:33:17] enjoys quite a lot. You have pictures, I sent, can you guys tell what plants I should cut back [1:33:24] exactly and by how much and all of that stuff, the code instructions on the ticket actually [1:33:32] say, let me give him for you, it says the two codes they got me for a substandard front or [1:33:39] side guard landscape and then protection of visibility. Okay, the correction required, remove [1:33:47] all overgrown vegetation. Cool, which ones? Maintain all landscape and vegetation in good [1:33:54] condition to present a healthy comma, which plant in there's not healthy. I take a lot of [1:34:01] pride in how healthy my yard is, and I welcome any of you all of you to come inspect it. I will [1:34:07] give you a tour. [1:34:11] Needs an orderly area. Define that by whose standard is that? I think it looks [1:34:16] great, a lot of my neighbors do too, except for one, which is the cause of all my headaches. [1:34:24] So yeah, you guys are updating the codes. [1:34:26] I submitted a several, three, actually, code amendments. [1:34:31] One of them is for landscape for the purposes of allowing citizens to have a more robust [1:34:38] front yard garden. [1:34:41] I don't know if it's been submitted. [1:34:44] I asked Chris about it would make sense to me that if, hey, [1:34:49] because we're being amended, he told me in person at my house [1:34:52] that the codes may go, some of them may, [1:34:54] that changes may go in my favor. [1:34:56] If that's the case, why can't we just put a stay on? [1:34:59] Thanks for watching, and don't forget to like, share, and subscribe to our channel. [1:35:00] Because he me a lot of financial hardship and finding me all the time and just wait until that change goes through and then we can work out whatever I got to work out at that time. [1:35:09] That would make sense. He told me he'd advocate for me. I don't know if he has. I'll leave that to you to figure out what else. [1:35:18] The reasons I do it really quick. [1:35:23] Sorry, [1:35:26] my cultivation of edible plants is not merely an aesthetic landscaping preference. [1:35:30] It is a peaceful, productive use of my own residential property to provide my family with fresh food, [1:35:36] grown under my direct control, and without synthetic pesticides, herbicides, [1:35:40] funder-sized, post-harvest, antimicrobial treatments. [1:35:44] Yes, like sprouts use as produce mats on their vegetables that are on the shelf. [1:35:51] Well, access or commercial coatings, you know, I don't want to have to ask all the time. [1:35:55] Hades is treated with something, Hades is treated with something. [1:35:57] I don't want to have to deal with that. [1:36:01] The production of food, a basic human necessity, is closely connected to life, health, [1:36:06] liberty, privacy, self-reliance, and the beneficial use of private property. [1:36:11] I do not claim it right to create an actual traffic obstruction, [1:36:14] health hazard or legally established nuisance, I do assert, however, that the city should not substantially burden personal food cultivation based solely on conventional aesthetic preference. [1:36:27] The fact that the plans are edible or undefined determination or and undefined determination that the landscaping is substantially different from neighboring properties. [1:36:38] I took 310 photographs today of what I think as a landscape contractor are substandard landscapes. [1:36:46] And I took pictures of people's yards for the purpose of identifying same violations that I've been [1:36:54] fine for. And so I have 310 pictures of that. Some of them are unfortunately on city property as well. [1:37:03] I'm going to have to ask you to wrap it up. [1:37:05] Okay, I'm done. [1:37:06] That's it. [1:37:07] Thank you for your consideration. [1:37:09] If we are going to quote a amendment, we need to look at suspending those if, indeed, we [1:37:15] are looking at changing the code. [1:37:18] Next written request to speak of Mr. Nibb, Bob Nibb. [1:37:36] Good evening, Madam Mayor and Council members. [1:37:39] I think we can all agree it, we all want to do what's best for the city. [1:37:45] I think we can also agree that there are different opinions of how to make [1:37:49] you know a great city to live in. [1:37:52] The problem is that there needs to be better transparency and [1:37:56] improved communication between the public and the planning division, [1:37:59] so we can achieve our goals. [1:38:01] I had the pleasure to meet with the new director of [1:38:04] of development service last week and we had a very positive meeting. [1:38:08] We spoke about how many of our citizens feel there is a lack of transparency and open [1:38:12] communication with the Planning Division. [1:38:15] I came away from that meeting with a very positive understanding that our new Director also [1:38:19] had several goals of improving the interaction with the public. [1:38:23] I personally wish the anchor for spending the time that meet with me. [1:38:29] My disagreement with the Eden project is well-known to this council. [1:38:34] I just discovered last Friday that the former director had issued an administrative approval [1:38:39] of the Eden project to receive a one-year extension on April 8th, 2026. [1:38:45] This extension was made without any public notice or hearing. [1:38:50] I can't find any record of the notice. [1:38:51] The director's approval of the extension of the exploration of the development [1:38:57] constitute what I deemed to be a presidential abuse of discretion in a violation of the state [1:39:03] when use was in a local zoning code. The critical mistake was a proper public notice [1:39:09] was not made to the public of the director's determination which roughly showed [1:39:15] occurred. An extension request cannot be made [1:39:19] undisclosed and be used as a routine administrative [1:39:22] mechanism to insulate a way to do a deficient project [1:39:26] from landmark court decision. The Supreme Court's finalization [1:39:31] of the Wudano Beach framework represents a massive change [1:39:36] in state law. The Eden Project's configuration could [1:39:39] direct reevaluate government code section 65583.2H2 by allowing both base zoning with zero [1:39:48] residential units. It's an overweight, but it still is known as commercial. This could [1:39:55] I await the wiggle status of our housing element. [1:39:59] The administrative... [1:40:00] A bit of decision was conducted as one of the previous speakers said behind closed doors, and there [1:40:07] is substantial opposition and controversy involving this project. The Planning Commission should [1:40:14] have been the one to make the decision to extend the exploration date. [1:40:22] There are new and revised [1:40:24] state was regarding the overweight districts. That was, and it sounds enough to send it to the [1:40:33] plainly commission for decision instead of just doing it on his own pro-archiv. [1:40:41] And [1:40:41] those sections would be section 20, 23, or 8, or 8, or 8, or 8, or 8, or 8, or 8, or [1:40:46] 8, or 8, or 8, or 9, or 8, or 8, or 8, or 8, or 8. [1:40:51] Again, the director chose not to make [1:40:53] to refer on it. And again, did not provide adequate notice of his decision to the public. [1:41:01] Is this asserted to determination made by the former to act that it was an abuse of authority [1:41:06] and required public notice and adhering of the disputed fraud decision? At a minimum, notice of [1:41:12] the decision should have been made available to the public. I couldn't find anything. And again, [1:41:19] Now that then refer to the City Attorney, I would hope, we, we set the minimum, how was public informed that this decision? [1:41:28] We showed a bit. [1:41:29] Thank you. [1:41:35] Mr. Gawnt, he has asked to respond. [1:41:38] Thank you, Mayor. [1:41:40] It responds to both of those speakers with all due respect. [1:41:44] I totally disagree that it violated your municipal code or state law. [1:41:48] Your municipal code, the section that was quoted in the municipal code, where it said that if there is a project that has some opposition or controversy, the director of development services shall not approve that. [1:42:04] That has nothing to do with an extension request. [1:42:06] That section, which is section 20.23.120 speaks of administrative review of land uses and minor development projects. [1:42:20] This project was approved, and extension is dealt with under a different section in your municipal code. [1:42:26] That section is 2023.080, and if you look at subsection H as an Henry number four, I'd like to read from that. [1:42:40] It says special conditional use permits. [1:42:43] That section is called expiration. [1:42:46] Subsection H4 says, if the director of community development determines that no new or revised conditions of approval are warranted, [1:42:55] The director may extend the expiration date for a one-year period, a maximum of three times. [1:43:03] The planning commission shall review any subsequent time extension request beyond the three one-year periods. [1:43:10] That's the section that applies. That's the section that your former development services director followed. [1:43:17] As to the argument that state law has somehow been violated because a court in the DTLA [1:43:26] new commune matter against redondo beach invalidated that city's housing element. [1:43:34] It has no bearing on the city of Chino's approved and HCD certified housing element. [1:43:41] That our housing element was not challenged within the time period to challenge that. [1:43:49] And that stands in contrast to the redondo beach opinion, where the challenge was brought at the time. [1:43:59] The HCD has not, and nor does that case say all cities housing elements are invalidated if they followed. [1:44:11] a similar structure. Nothing in that case says that and I have previously advised the council [1:44:19] that taking that kind of an action would violate vested rights. [1:44:25] Thank you very much. Those are all the written requests I have to speak under public [1:44:31] communication. Is there anyone else in the audience that would like to address the council [1:44:36] on any item not on the agenda. [1:44:38] Study? [1:44:50] Natalie's going to help you, study. [1:44:52] . [1:45:01] Thank you, good evening. [1:45:06] So, I would like to respond to the last two speakers and two of the city attorney. [1:45:14] I written you a copy of you guys twice a letter concerning this. I requested an official response from the city and got a response back from Matthew. [1:45:26] What basically saying that the new commune decision does not affect the city of [1:45:33] Channel. [1:45:35] The new commune decision is binding on everyone in the city or in the state. [1:45:43] The fact that we have an approved housing plan does not negate the fact that the new [1:45:51] commune decision did not create new law. [1:45:54] If you read the decision, it states that is merely an interpretation of the existing law as it was passed as the original housing law. [1:46:08] The city of Chino, when it approved the Eden Project violated that law. [1:46:15] The city of Gino, when it, on a planning commission, when it, excuse me, I'm having [1:46:22] spasm. [1:46:23] When it passed the 7-11 project recently, you got a copy of the same letter. [1:46:30] I sent it to you. [1:46:31] I sent it to the planning commission, again, violated that law. [1:46:36] The law says, was stated by both of these gentlemen, that you cannot have an overlay that [1:46:42] commits any parcel under the overlay to be developed without housing. And it also clarified [1:46:52] that it must be developed, but the minimum number of housing units, which for the City [1:46:56] of Chino, is 20 units per acre. If you don't have that letter that I sent, or if you don't [1:47:04] I have the response to Matthew Browlet, please reach out to me, I'll send you another copy. [1:47:12] This is the serious issue, and it is also very simple issue, because the city can comply [1:47:22] with both its housing element and the housing law by doing a simple thing, and that is only [1:47:32] I would [1:47:40] just say the city has a certified housing, HCD certified housing element. [1:47:53] If you take action to take basically the argument is you can only approve certain projects [1:48:01] if they meet both the overlay and the underlying zone, [1:48:06] that would go against the HCD certified housing element. [1:48:10] I do understand the suggestion that the Redondo Beach [1:48:17] decision, clarified existing law, a clarified in a way that had not [1:48:23] been made up unlyclear HCD, new of the Martinez V. [1:48:29] of this decision that the Cardano Beach decision clarified, it approved the City of Chino's [1:48:37] housing element, as well as hundreds of other elements that follow the exact same pattern. [1:48:44] Denying projects based on an interpretation of that case where the City of Chino's housing [1:48:53] has not been challenged. I think would be put the city at legal risk. So for that reason I have said before, and I continue to say, your housing element is valid. It is in place. [1:49:09] For the next round, I suspect HCD will come out with guidance that will suggest compliance along the lines of the redondo beach decision. [1:49:22] But you have a blue housing element. HCD has not said one word about the hundreds of other housing elements that remain active. [1:49:32] And make taken the position as taken just now that you should only approve certain projects if they meet both the underlying and the overlay zone. [1:49:42] I think that would be dangerous. [1:49:44] When is the next housing element? [1:49:47] Well, the process is starting. [1:49:50] It's, [1:49:54] I believe that may be right. [1:49:58] Yes. [1:49:58] So 2020... [1:50:00] 28, but the process starts well ahead of time. So, by next year, it will be underway, and we'll go through that process again, and I suspect HCD will come out with guidance that will be consistent with the redone of each decision. [1:50:15] So, anyone else in the audience that would like to address the council on that item, may [1:50:19] you've already spoken, study, we have a huge agenda tonight, [1:50:26] very quickly, please, very quickly. [1:50:34] Thank you. Major flaw in Mr. Goddard's opinion is the fact that HCD is an executive branch. [1:50:43] It is not a legislature branch. It's just like the city of Gino cannot break a law. HCD cannot [1:50:49] So even though they approve their housing argument, even though the law says it has to be approved by HCD, [1:50:56] it cannot violate state law, state law demands that housing we provide in 20 units per [1:51:03] of minimum under and over late. [1:51:05] Thank you. [1:51:07] So anyone else in the audience that would like to address the fancy one on any item that is not [1:51:12] on the agenda? [1:51:14] Okay, we're going to move on then, under information within our packet is the external [1:51:19] agency report for September 1. I encourage you to accept that through the web and read that report. [1:51:28] Next, we have an appointment. Community Services Parks and Recreation Commission [1:51:33] appointment. This is to approve the appointment of Community Services Parks and Recreation [1:51:39] commissioner, newly appointed Natalie Sanders. [1:51:45] I would like to ask for a motion and a second, please. [1:51:50] Is there a motion? [1:51:52] Motion from Mayor Pro Tim Burton, second from Councilman Lucio. [1:51:59] All those in favor, please say aye. [1:52:02] Any a pop-up session? [1:52:04] OK, Natalie will provide the oath. [1:52:09] Are you going up on the stage? [1:52:14] She's leaving. [1:52:16] We're [1:52:21] not used to having a stage. [1:52:37] I Natalie Sanders do solemnly swear that I will support and defend the constitution of the United States and [1:52:52] the constitution of the state of California against all enemies, foreign and domestic. [1:53:00] that [1:53:03] I will bear true faith and allegiance to the Constitution of the United States and [1:53:14] the [1:53:14] Constitution of the State of California, that I take this obligation freely without any mental [1:53:24] reservation or purpose of evasion and that I will well and faithfully discharge the duties upon [1:53:38] which I'm about to enter. [1:53:41] Thank you. [1:53:49] Thank you, Natalie. [1:53:51] Thank you, Mayor. [1:53:51] Mayor, Pro Tem. [1:53:54] The Council and the Community Services Parks and Recreation Commission. [1:53:59] I just want to give a little background on myself. [1:54:02] I'll make it really brief and then I've got a little commercial. [1:54:05] I grew up in LA. [1:54:06] I'm not a native of Chino. [1:54:08] I've been married 33 years. [1:54:10] I've got two daughters. [1:54:11] 30 and 32, one lives in Dallas, one lives in Atlanta. [1:54:16] They both grew up here and went through all, you know, [1:54:19] Valley Unified from kindergarten through high school. [1:54:25] I live in District 2. [1:54:26] I've lived here for 33 years. [1:54:28] I retired in 2024 and spent over 40 years [1:54:32] in the grocery industry. [1:54:34] I currently volunteer at Geno PD, as a VIP of volunteer [1:54:38] and policing, and I enjoy visiting with my kids, [1:54:41] going to the beach, monthly family dinners, and the Dodgers. [1:54:47] I applied because I wanted to be an integral part of managing and shaping our city and [1:54:53] helping the responsibility for the maintenance and improvement in the quality of life [1:54:58] in Chino. [1:54:58] And Michael... [1:55:00] A little commercial is our connections magazine that our department puts together, and I guarantee there's something in here for everybody. [1:55:08] So I encourage you to get one of these. They are the Carolyn Owen Center, the senior center, the knack, and the preserved community center, and online. [1:55:17] I just want to encourage everybody to get involved. Just get involved and share your opinion. Good or bad, right or wrong. Share your opinion. Obviously, the city council meets twice a month, the first and third Tuesdays. [1:55:29] The Planning Commission meets on the third Wednesday and Community Services Parks and Recreation Commission. [1:55:38] The fourth Monday at the month, they're all at 6 p.m. in the City Channel Council chambers. [1:55:45] I've got a lot to learn, be patient. [1:55:47] I want to thank the City Council, the Community Services Parks and Recreation Commission for giving me this opportunity and confidence in me. [1:55:57] Thanks to my husband for his love, patience, and support, and thanks to my village. [1:56:03] My neighbors, I'm committed to do my best and represent our community best I can. Thank you very much. [1:56:18] I think it's pretty obvious why we picked her. She is going to be fantastic. [1:56:25] Okay, next item on the agenda is a consent calendar. Do any community members wish to have any items pulled [1:56:31] or do any council members wish to have any items pulled? [1:56:37] Seeing none that I need a motion and a second motion [1:56:39] from Mayor Portem Burton. [1:56:42] Second from Councilman Lucio. [1:56:44] Any opposition? [1:56:46] None. [1:56:47] Then consent calendar passes unanimously. [1:56:51] Next under public hearings. [1:56:53] Prior to the vote of the existing council, [1:56:55] any member of the audience will have an opportunity to address [1:56:58] council on any item listed under public hearing. [1:57:02] Council request but it's not required that you state your name and address prior to making any remarks. [1:57:08] Item number 14. [1:57:10] Consider the applicant's appeal of public works condition of approval number 3.2. [1:57:16] Which requires the undergrounding of existing overhead utility lines and denies the applicant's requested concession. [1:57:23] We're so into state density bonus law for the housing project consisting of 100 for sale housing units located at the southwest corner of Riverside Drive and Magnolia Avenue. [1:57:37] 6033 and 6041 Riverside Drive. [1:57:41] I'd like to declare the public hearing open and ask for a staff report from Maria Star, [1:57:48] our senior planner, and Hesus Plasencia, or Assistant City Engineer. [1:57:55] Good evening, Mayor and members of the City Council. [1:57:58] Tonight you're being asked to consider the applicants appeal of Public Works condition number 3.2, [1:58:04] which requires the under-grounding of overhead lines for a project located at the southwest corner of Riverside Drive and Magnolia. [1:58:13] The project includes 104 cell homes with 10 units for moderate income households, which qualifies the project for one [1:58:22] concession, to be clear the project itself is not being appealed only the condition of approval. [1:58:29] The planning commission approved the project on June 17 by a 4-1 vote. [1:58:35] The applicant accepted the project approvals but appealed one condition. [1:58:40] The requirement to underground applicable existing overhead utility lines along Riverside Drive and Magnolia Avenue. [1:58:48] The applicant is requesting that the city grant relief from this requirement as its one concession under the state density bonus allowing the existing overhead lines to remain. [1:58:59] The concession is intended to provide identifiable and actual cost reductions associated with affordable housing [1:59:05] And the question before the council tonight is whether to grant this [1:59:08] concession or whether the city can make the necessary findings [1:59:11] the state and state density bonus law. [1:59:14] I wanted to provide an overview of state density bonus law when a developer [1:59:18] and voluntarily includes affordable housing units in a project state law [1:59:23] provides certain benefits which are intended to offset the cost [1:59:27] of providing those affordable units included in [1:59:30] including development flexibility. This includes increased density [1:59:33] concessions and incents it, sorry, incentives, and waivers or reductions of development [1:59:40] standards in exchange for providing quality, qualifying affordable housing. This is [1:59:46] meant to encourage the production of affordable housing throughout the state. The city may [1:59:51] deny a request to concession or incentive only if it makes a specific findings required by state [1:59:57] and the bonus bar. One exception is... [2:00:00] Where the concession would result in the specific adverse impact to public health, safety, the physical environment, or qualifying historic resources that cannot feasibly be mitigated or avoided without rendering the development and affordable. [2:00:15] With that legal and policy framework in mind, I'd like to briefly summarize the applicant's position and then Stast response. [2:00:21] Because the project provides affordable units, the applicant is requesting that the city grant [2:00:26] relief from the undergrounding overhead utility lines and the applicant argues generally [2:00:30] that the city is not identified as sufficient specific adverse impact to public health or safety [2:00:36] to justify denying the concession. The applicant also provided studies addressing the existing utility [2:00:43] pools and mines and suggested that alternatives are available to allow the overhead lines to remain. [2:00:48] Though these studies are provided after the appeal period, the staff has carefully reviewed [2:00:54] those arguments and materials. [2:00:56] Staff's position is that the record supports the retaining of conditions 3.2. [2:01:01] The city has determined the undergrounding utilities is necessary to protect public health, [2:01:06] safety and welfare by reducing risks to life and property during emergencies such as earthquakes, [2:01:11] fires, severe weather events reducing hazards associated with downed or damaged lines. [2:01:16] and maintaining safe visibility and access within the public right away for pedestrians, motorists, and emergency responders. [2:01:23] The city further finds that alternative mitigation measures, including protective barriers, relocation, [2:01:29] facilities, or other design modifications, would not satisfy a factory of void or mitigate the identified public health and safety impacts associated with retaining the above ground lines. [2:01:39] Also, the addition of residential units or the project would create a new traffic to and from the project site and this exacerbates the traffic collision risk to the utility poles in question. [2:01:50] At this point, I would like to turn over the presentation to public works to discuss in greater detail. [2:02:01] Good evening Mayor and council members. I'll now walk through additional information that supports staff position. [2:02:08] The [2:02:12] city's undergrounding requirements in the city code are intended to reduce the risks associated with overhead electrical lines and establish a consistent standard for new development. [2:02:22] Overhead utilities can be damaged by vehicle collisions, high winds, falling trees and vegetation, equipment failures and other events. [2:02:31] Undergrounding does not prevent every power shortage, but it removes the utility, excuse me, the utility lines, and pulls for many of these risks and provides other long-term benefits by eliminating overhead facilities from the adjacent roadways. [2:02:46] That is especially important for a new residential development where residents may depend on reliable electricity for medical equipment, refrigerated medications, mobility equipment and other essential services. [2:02:58] This project also provides an opportunity to address these existing overhead facilities while the development and associated improvements are being constructed. [2:03:08] Addressing the facilities now is less disruptive than attempting to address them after the development and the surrounding improvements are fully built out. [2:03:17] The city's records include 23 traffic collisions between 2021 and 2025 in which vehicles struck southern California Edison poles within Chino and damaged the poles. [2:03:27] The table and map on this slide summarized those events based on this information staff concluded that vehicle impacts involving utility poles are a real and measurable public safety risk. [2:03:40] To clarify none of these collisions impacted poles located along the project site, the data is not intended to suggest that these particular poles have a history of being struck. [2:03:48] Rather, demonstrates that the whole impacts involving utility poles are a documented risk that has occurred repeatedly within genome. [2:03:59] The photos on this next life provide examples of the types of incidents included in that data. [2:04:04] When a vehicle structure utility pole, the result can be more than damage to the pole. [2:04:09] It can lead to power outages, blocked roadways, and damage electrical equipment that can create additional safety hazards. [2:04:15] These examples illustrate why the city's undergrounding requirements in the code are intended to reduce these risks. [2:04:21] So how does that apply to this project? [2:04:26] This aerial photo shows the existing overhead utility lines along the project [2:04:29] front edge. [2:04:30] The red lines and dots show the facilities that must be fully removed [2:04:33] and placed underground. [2:04:35] And the blue lines and dots show the facilities [2:04:37] that would only be placed partially underground. [2:04:41] Along Riverside Drive, all of the existing overhead utilities [2:04:44] are required for the city code to be placed underground. [2:04:47] So everything shown along Riverside Drive would be underground. [2:04:50] Magnolia Avenue is different. There are larger electrical transmission lines along the street located at the top of the poles that are exempt from the sea's underground requirement. [2:05:00] Those lines can remain overhead for the code. However, the lower utility lines, along the [2:05:05] technology, avenue, are not exempt and must be placed under ground. So the difference is simply that [2:05:10] everything goes under ground on Riverside, while some lines remain overhead on [2:05:14] Magnolia. [2:05:17] Additionally, there are also two existing polls at this project site that are [2:05:21] located very close to the curve along Riverside Drive near the Magnolia Avenue intersection. [2:05:27] As shown on this slide, there are much closer to the curve than the city would typically [2:05:31] allow per our standards for other facilities such as street lights and fire hydrants. [2:05:36] The proximity of these poles to the roadway is one of the factors staff considered in [2:05:39] evaluating the safety implications of retaining the overhead facilities. [2:05:44] With the additional traffic that will be generated by the new residential development, staff [2:05:49] believes addressing the vulnerability of these poles is important part of the project's public [2:05:53] safety considerations. [2:05:54] Staff is looking at the long-term condition of the site, the project provides an opportunity [2:05:58] to eliminate the overhead facilities as part of the development rather than carrying the existing [2:06:03] condition moving forward. As part of the considering ways to reduce risk, the use of [2:06:09] bullets and other barriers was discussed as a possible measure to protect the polls. It properly [2:06:14] designed barrier may reduce the chance of vehicle directly striking a poll. However, that would [2:06:20] address only the risk of a direct vehicle impact. It would not address the other risk associated [2:06:25] with keeping the utilities overhead, including high winds, [2:06:28] falling trees or vegetation, equipment failure, deterioration, [2:06:32] or causes of other power outages. [2:06:36] Rigid barriers can also create an additional roadside [2:06:39] concern and depending on where they are placed [2:06:41] that may interfere with pedestrian access. [2:06:44] For these reasons, staff believe that measures such as [2:06:46] ballers or barriers may reduce some of the risk, [2:06:49] but they would not eliminate the risk associated [2:06:51] with retaining the overhead utility system. [2:06:53] The applicant has also submitted studies regarding the existing polls and overhead utilities and staff has reviewed those materials. [2:07:01] Those studies provide information about the current condition of the polls. [2:07:04] They indicate among other things that the polls appear to be installed and maintained in accordance with applicable standards, [2:07:10] that they are not located in an area prone to wildfires and that there is no documented history of vehicle collisions involving these polls at this particular location. [2:07:19] staff acknowledges those findings. [2:07:21] However, those studies do not establish that the overhead utilities present present no public safety [2:07:28] risk, and they do not show that underground aim would provide no additional safety or reliability [2:07:32] benefit. [2:07:34] The studies look primarily at the condition of the facilities today. [2:07:39] They can not eliminate the possibility of a future vehicle collision, high winds, falling [2:07:43] vegetation, equipment failure, or other event affecting the overhead system. [2:07:48] Basically, the studies tell us that the polls are acceptable in an acceptable condition today. [2:07:52] They do not demonstrate that keeping the polls provides the same level of safety and reliability as putting them underground. [2:08:00] That concludes public works portion of the presentation. [2:08:03] I'll now turn it back to Maria for the rest of the presentation. [2:08:10] Thank you. [2:08:11] Notice that this hearing was male to all property owners and residents within 300 feet of the site. [2:08:17] The notice was also published in the Chino Champion. [2:08:20] Staff received comment letters from residents in the community, [2:08:24] a letter from Californians for home ownership, [2:08:26] also a letter from HCD and support of the project. [2:08:28] And appeal have been provided for your review and consideration. [2:08:35] Based on the administrative record and analysis presented [2:08:38] tonight, staff recommends that the city council denied the applicant's appeal [2:08:42] and adopted resolution number 2026-056, [2:08:46] A firming public works condition of approval 3.2 to be clear denying the appeal does not deny the residential project. [2:08:53] The planning commission approval of the 100 unit project would remain in effect. [2:08:59] It would simply require that the applicant comply with the applicable underground requirement as part of the approved project. [2:09:05] Thank you and staff is available to answer any questions that the council may have. [2:09:10] Okay, before I ask for the applicant's presentation, [2:09:16] are there any council questions that you need? [2:09:21] I think, okay, then I would offer an opportunity [2:09:24] for the applicant to make a presentation. [2:09:37] Good evening, Mary, and City Council. [2:09:39] My name is Joe Offdalee from Wormington [2:09:40] as eventual. [2:09:41] Thank you for having me in hearing our appeal tonight. [2:09:46] Why are we here? [2:09:46] We're in a housing crisis, we're in an affordable housing crisis and affordability crisis in California and our state legislators [2:09:53] I decided that they're going to use some carrots and some sticks to try to convince local jurisdictions to build more housing. [2:09:59] We're going to talk a little bit [2:10:00] We're talking about the care on this one, and that's an incentive. So when we're going to be building 10% of our homes, we're going to be subsidizing those homes to be an affordable house for a period of time. [2:10:11] They'll be sold at an affordable rate and maintain that, but I think 45 or 55 years. [2:10:16] Because of that subsidy, we're entitled to various things, definitely over those various things, waivers, and a concession is the one item that's related to costs. [2:10:25] When we're talking about that, when we're asking about these overhead utility lines, what [2:10:28] I prefer to have the overhead utility lines down, of course. [2:10:31] But in order for us to make this project possible, we need this concession. [2:10:35] In order to provide the subsidy to the affordable homes, we need this concession. [2:10:41] I was somewhat surprised that some of the things staff had to say, tonight, they said [2:10:47] themselves that the polls are not a documented risk. [2:10:50] They said that they might reduce risks, that would be less disruptive, could impact. [2:10:57] But what quantifiable objective standard are we not meeting? [2:11:01] That's the standard they have to meet, not just less or may cause or potentially. [2:11:07] There has to be a objective, quantifiable standard, we're not meeting. [2:11:13] There's nowhere to be found. [2:11:17] The, let me see, standard of objective and quantifiable is important in your code which staff [2:11:27] relies heavily on under the undergrowing provision. [2:11:32] It gives the city engineer full discretion to decide whether utilities go underground or not. [2:11:39] That's not objective. [2:11:41] That's fully subjective. [2:11:43] There's nothing quantifiable in the code that says, if you don't do this or you don't do that, [2:11:47] you don't need this number, then you can't underground, nowhere quantifiable. [2:11:53] Talk about mitigations all aside from that. [2:11:57] The other thing in your code is, you allow elu fees. [2:12:02] So if the overhead utility lines are mandatory, this is something that we can't live without [2:12:06] we have to underground them. [2:12:08] Why do you allow for elu fees to be paid? [2:12:11] If I were a health inspector and I went into a restaurant and they weren't refrigerating their food, [2:12:16] could you just say to the health inspector, hey, I'll give you some money, we won't fix that. [2:12:19] Of course not. [2:12:20] But that's the standard that you're applying here to the underground. [2:12:23] You will have an inluffy to not do the undergrounding. [2:12:27] That's the same thing. [2:12:30] So reducing traffic, we had a traffic study. [2:12:34] The state traffic engineer reviewed it. [2:12:36] What did it define? [2:12:37] those significant impacts. So the additional traffic that's going down the street, random data about collisions throughout the city is not specific to these poles. [2:12:46] And that's the standard you have to mean that these poles are a hazard to safety. [2:12:52] That's the standard you have to mean and it has to be objective and quantifiable. [2:12:56] Tell me where the objective quantifiable standard we're not meeting. [2:13:00] That's what we're asking to be tonight. Please approve the congestion that's required under state law. [2:13:05] You got a lot of information, you say, and you haven't done enough to justify denying this [2:13:10] concession. [2:13:11] Excuse me. [2:13:12] So we're asking you to grant the appeal and approve the concession. [2:13:18] I will note there's actually two conditions of approval, really, it's undergrowing. [2:13:22] So if there are an approval of our appeal, it would be for both conditions of the suit. [2:13:30] And I'm happy to answer any questions. [2:13:31] Any questions of the applicant? [2:13:33] Now [2:13:38] you have a hundred homes, ninety of a night market rate, what's going to be the market rate? [2:13:48] I don't know that off of my head, but we'll sell them for whatever the market is. [2:13:52] I do know that the discount I have this, the discount between a market rate and a board of [2:13:56] homes is about two to two hundred to two hundred twenty five thousand dollars difference. [2:14:01] How big are these units going to be? [2:14:04] I can ask them. [2:14:06] I'll get our project manager, he has more of the fine details of the project, [2:14:31] but the home size is range from about 1,300 square feet, about 1,702 about 1,700 square feet. [2:14:41] And so based on that, I'm sure you guys have got round numbers, what is market rate for 2,700? [2:14:48] I don't really know, I can give you guys, I have the sum around 700,000, I'm not entirely sure about that. [2:14:53] Okay, so 90 at 700,000, 10 at 500,000. [2:15:00] It might be, it might be less of that, that portal racism is a little high, so maybe it's a little bit lower. [2:15:05] Okay. Then when we talk about traffic, we're looking at 100 additional homes that usually leads to two cars for home. [2:15:13] And then you're looking at another project on the corner of Riverside and mountain with another 210. [2:15:19] So we're talking a minimum of another 620 vehicles that added within a quarter mile. [2:15:26] you don't think that potentially that additional traffic could cause a hazard with [2:15:33] Tilly polls. [2:15:35] Yeah. [2:15:36] I would say two things to that. [2:15:37] One is I think the additional density that in homes that have been produced in the [2:15:40] Preserve have increased the traffic collisions in that area. [2:15:44] They're all on the ground though. [2:15:45] They're not. [2:15:45] They're still existing overhead polls that have the higher utility lines. [2:15:49] And our home our polls on Magnolia are going to be there in a matter of what? [2:15:52] It's just on Kimbo. [2:15:53] That's on. [2:15:54] There are some, but there's been no increased traffic collisions to those polls. [2:15:58] So that's one thing. [2:15:59] And the other side of that is, that's not the standard that you're required to meet under the law. [2:16:03] Not what it'd be better, or could it be a potential impact? [2:16:06] Is it an impact? [2:16:07] And if it is, what is the objective standard that we have to comply with? [2:16:11] And what it has to be quantifiable, not just an assumption that it could be a problem. [2:16:15] And then you talk about enlufies. [2:16:20] Are you guys willing to pay on the fees? [2:16:24] Sure, if you would grant us an enlufe, we would use that as our concession, but you're making the argument that these are hazard, and that we can't underground. You wouldn't approve that because they're a public health and safety hazard. [2:16:35] Good. I understand it was, you guys never made any offer for any enlufees or anything like that. [2:16:40] That's not true. That's categorically false. [2:16:45] If he wasn't there for that meeting, I don't think Maria was either, but Jackie was there for that meeting. [2:16:51] I believe you offered to do a community donation of about $200,000. [2:16:57] We agree. [2:16:59] No. [2:17:00] We did. [2:17:01] I can't remember Burton was in that meeting where we talked about that. [2:17:04] I think we were there too. [2:17:05] We talked about doing that. [2:17:06] And in Luffy would actually... [2:17:09] We just had a community benefit. [2:17:10] We didn't have anything directed. [2:17:12] at any particular side of them? [2:17:14] You didn't know for the pay and loophies. [2:17:17] It could be used for the loophies. [2:17:19] This is what we were saying. [2:17:20] We want to find some media in the middle ground. [2:17:23] We had those meetings. [2:17:25] We said, staff said, hey, these polls, among many of my [2:17:27] billion, are going to stay. [2:17:28] What if we don't make you underground the, [2:17:30] call it the underbilled on Magnolia? [2:17:33] That's savings to us. [2:17:34] And we said, great, underground riverside, [2:17:36] but we need something else. [2:17:37] Can you give us a fee credit? [2:17:39] Can we do something that will help offset the cost associated [2:17:41] with that. Those are the conversations that we have. [2:17:44] May I ask a clarifying question? The municipal code under section 13.32.070 provides [2:17:53] that an in-loop fee could be provided if the city engineer makes certain detailed findings. [2:18:01] Are you suggesting that you would be willing to pay the in-loop fee provided under that [2:18:06] section? No. What I'm saying is in the essence in which you're saying that you [2:18:11] proven in Luffy in this instance is exactly the argument that we're making, that it's not a public health and safety issue. [2:18:16] It's a cost issue. [2:18:17] But for the record, you neither, you want the concession granted for both the obligation to [2:18:26] underground the polls, as well as pay the in-loop fee required. [2:18:29] We don't know. [2:18:30] It doesn't require both to charge one of the other. [2:18:33] You are objecting to both to either one. [2:18:37] We need the concession for the cost purposes of financing our project. [2:18:39] So, either way, we would be that way, and you would not pay the end of the fee per the good. [2:18:46] Correct. [2:18:47] Thank you. [2:18:50] I have a deal. [2:18:51] Anyone have any other questions? [2:18:54] Okay. [2:18:55] We have one. [2:18:56] Thank you. [2:18:57] Thank you. [2:18:57] We have one publicry with us to speak, Mr. Bob Nick. [2:19:10] Good evening again. [2:19:11] I thought the traffic, the study was well performed. [2:19:15] I would agree that they should not be allowed to keep them the way they are. [2:19:21] Going back to the one diagram of Magnolia. [2:19:26] You've got to remember this is a very dense development. [2:19:31] If there is an emergency, the only exit out of that thing, [2:19:36] because there's going to be a brick wall around the other portion, [2:19:39] is out on Magnolia. [2:19:41] That is the safety issue of there's downlines who I dare for the people to escape. [2:19:47] As he bought up the traffic study, I, as I presented this information to the council, [2:19:53] that traffic study should be based upon growth in horizon. [2:19:58] No, it's not covered under it. [2:20:00] It's not protected under 330, SB 330, to have just a snapshot that should be extended growth. [2:20:07] Not only are you going to have the big development on Riverside and Mountain, going down [2:20:13] Riverside, there are numerous other high-density developments planned in the housing element. [2:20:20] So those factors should all be built in your decision. I would deny their appeal. Thank you. [2:20:25] So anyone else in the audience, anyone else in the audience that would like to address the item number 14? [2:20:36] Okay, I do have a question before I close the public hearing and that is because of the state density bonus law, [2:20:45] what concessions have been provided this developer that would not normally be provided? [2:20:53] I'll have Maria clarify that, [2:20:58] but state density bonus lot puts things in different categories. [2:21:02] As far as concession, there are a loud one concession that this is the one they're asking for. [2:21:07] They have requested waivers, and that is to standard such as, and I don't quote me, that's why I deferred to Maria, but like, [2:21:17] setbacks, heights, the landscaping, you know, open space requirement. [2:21:23] Those kind of items are what would be appropriate for a waiver of those standards. [2:21:28] Okay, what would waivers' concessions have they been granted because of the ten supposedly affordable units? [2:21:43] We need them, my com, please. [2:21:48] Still not on. [2:21:52] Okay. [2:21:53] We did approve eight waivers for this project. [2:21:58] All this says out for you. [2:22:01] They requested a waiver from the front yard setback, [2:22:04] which is Magnolia Avenue. [2:22:06] The side yard setback on Riverside Drive and also the south property line. [2:22:11] And they also requested a waiver from the rear yard setback. [2:22:17] The height and location of the fence and wall at Riverside. [2:22:20] And they requested a waiver for that. [2:22:23] Also, they request a waiver for minimum outdoor living area. [2:22:28] Common area opens face requirements, private open [2:22:30] space for ground floor units, and they also requested relief. [2:22:35] We do require that with the projects in the affordable housing [2:22:38] overlay that the floor plate, on the third floor, [2:22:42] be 80% of the ground floor plate area, the third floor [2:22:46] actually extends out, and it's at 107% of the ground floor. [2:22:50] It's bigger on the top than on the bottom. [2:22:55] So we did approve this when we approved the project. [2:22:58] We request all the waivers. [2:23:00] The difference between waivers and a concession is that the waivers [2:23:04] they are requesting relief from development requirements for a concession [2:23:09] or incentive. [2:23:10] They are simply requesting something that will provide a cost savings [2:23:14] so that they can provide the affordable units. [2:23:17] Okay, and how many of those date do you start there allowed to ask for one to be one that they asked for was to they wish to not underground the lines but the the waivers that you just they were 10 of them. [2:23:31] Oh, there was eight eight of them. Okay. So so they were provided eight. I'll call them exceptions to save money to make up for the lower income units they if they didn't have the affordable [2:23:47] units, they would not have been able to ask for the waivers correct? Correct. And the development [2:23:52] waivers are to make the development feasible because they're building at a higher density [2:23:57] than what we would normally see, so they're at 20, a little over 26, filling in its per acre. [2:24:03] So when they're asking for these waivers, what it is allowing them to do is to build to [2:24:09] requirements that will allow them to get that higher density on that site. So they're able to get [2:24:14] units on this. Correct. Okay. So there's a smaller footprint, there's smaller outdoor [2:24:20] living spaces, there's smaller setbacks, making a whole development more crowded under the [2:24:28] guys of affordable units. Yes, and they can ask for unlimited waivers. Okay. Any questions [2:24:37] from Council? Karen? [2:24:50] There's a lot of people here in the public. I'd like to say that this [2:24:54] is the first, like one of the first of its kind projects [2:24:57] to come to the city of Chino, where we have a problem. [2:25:00] Projects, under the Affordable Housing Act, they kissed to come to our community lawfully so my background is 34 years of law enforcement. I believe in following the law. [2:25:11] This project, yes, [2:25:15] can we close the public hearing? Should I close this? [2:25:17] Was that a question? Are you going to be asking questions? [2:25:20] No, I'm not just asking questions. I'm not just asking questions. [2:25:22] Okay, so I will close the public hearing. Okay, go ahead. [2:25:25] I said comments, ma'am. [2:25:26] So that being said, continuing with my comments now, [2:25:30] is that this is a product that's come to town [2:25:32] that doesn't require any input from the community. [2:25:36] You heard our engineer, our member of a development [2:25:40] services today talk about all these waivers [2:25:43] that have been given to this developer, [2:25:46] or you know, rightfully so for them to develop the right way, [2:25:48] so that they can offset the costs [2:25:50] for the affordability of the units in the density bonus, [2:25:53] which I understand that we are required to follow by law. [2:25:57] But I don't like it's almost unimaginable for me [2:26:01] for any developer of this scale and nature [2:26:03] to come in and buy a possible land with any community [2:26:07] and get up parents say, hey, we really don't know what the market value is going to be. [2:26:11] We really don't know what they're going to sell for [2:26:13] and do not scout this location [2:26:14] and even the requirements of the city [2:26:17] under the municipal code [2:26:19] or a health and safety issue such as electrical wires and not figure that into the development of the project that itself. [2:26:28] These people are very, very intelligent people, very, very intelligent developers. [2:26:32] And for them to come in and say, hey listen, here's the project, but we really don't know what's in the cell form. [2:26:36] We really don't know about this. We really don't know about that. [2:26:39] I believe they do know, and that's why they purchased the project and are bringing it here. [2:26:43] And I believe that they've had to know if they had done any research within the city of Chino, [2:26:47] To understand that we would want for electrical poles to be underground in these areas as a matter of health and safety for our community. [2:26:58] Anytime you put anything up on a sidewalk, [2:27:01] it's probably going to get crashed into a bio-car in my professional experience. [2:27:04] Doesn't matter if it's a sign, a tree, a fire hard or anything else. [2:27:07] But power poles are different when you hit them. [2:27:10] And the nature of these power poles, the way it was explained, [2:27:13] I do believe it's in our best interest for the city to underground those utilities at this time and I can't for the like me get my mind around [2:27:22] How to build room wouldn't understand that when they purchase this project with this project and move that I [2:27:29] I think it's terribly unfortunate for them to come and ask for this concession to us [2:27:33] I think we should underground it and I think you know that's also not what this letter from ACV says [2:27:39] What this gentleman said up here if you read the letter or at least my interpretation of letter [2:27:44] And I think if we saw an in-loop feed, we're so serious about wanting to do that, because it's the right time for us to underground those utilities. [2:27:53] It's not just the safest thing for it now, but in the future, you know, in events of wild fires or high wind events or different things that can bother those utilities along a very, very busy street, by the way. [2:28:07] This is one of the business streets in our community, it's also a truck route. [2:28:12] So, I just can't get my mind around why anybody couldn't see that this is a logical and responsible thing to do. [2:28:19] So, if the developer is interested in giving us an in-loope, we're so serious about it. [2:28:23] I was suggest that the council that we even say, hey, this will take that fee and construct it right now, [2:28:30] while you guys are doing your development because that's how serious you are. [2:28:33] Because when the rest of the development comes along, this area is, well, we're going to want those utilities underground [2:28:38] So those are my comments, mayor. [2:28:47] I don't support not undergoing these utilities for a multitude of reasons. [2:28:53] Just because we don't have any data from across me into one right now, we're putting [2:28:57] a development in there. [2:28:57] It's going to impact. [2:28:59] Ingressing, you should travel along that area. [2:29:01] So that concludes my comments. [2:29:03] Thank you, Chairman. [2:29:13] Just for the record, I wasn't part of the meeting when we discussed community benefit, just for the record, but you know I am listening to this and I'm listening to the community benefit issues and housing laws and you know I just think about [2:29:35] building, building housing and infrastructure as your city grows, as areas grow, as [2:29:47] desert infrastructure, things get built up over time to be able to facilitate the [2:29:54] the communities. And as that goes on, the safest. [2:30:01] I can tell you right now that the safety standards for buildings and housing, there's somebody there, always looking at those standards and they're trying to make them better. You can look at earthquake standards. People now have to retrofit buildings in a different way than they did back in the year 1900. They learned things as time goes on. [2:30:28] And this is no different. [2:30:31] You have utility poles out on Riverside Drive that were put there, gosh, what do you think? [2:30:37] I mean, back in the 50s or 60s, there was nothing out there at that point in time. [2:30:43] Now we're building residential units that are going to house families. [2:30:51] I think what we need to do now is now is the right time to underground these lines that [2:30:59] could potentially blow over, give hit by cars, whatever it's going to be, it's going [2:31:05] to be a denser area than what it is now. Right now it's just a big field. But I think [2:31:11] right now is the right time. I believe we need to underground them. [2:31:14] I [2:31:22] understand this one. [2:31:25] Is [2:31:29] it on? [2:31:30] Is it on? [2:31:32] So I understand, um, to underground the polls, [2:31:36] is going to be somewhere between a million to maybe a million point eight. [2:31:40] And then looking at the numbers that we got, which I think are probably a little lower than, [2:31:45] than they really are. [2:31:47] This is a 68 million dollar project, [2:31:49] based on the numbers that they've given us. [2:31:51] And it's gotten a number of concessions already from the city to allow a higher density amount of houses inside of those acres that acreage that they have currently. [2:32:03] And for them to say, this doesn't pencil if I got a base of a million to a million, eight, one of the project looks like it's going to be 68 million or more. [2:32:13] I think that's how we use them both to think that they're not going to make any money. [2:32:19] If this is going to make it completely unfeasible for them to build. [2:32:24] So I also believe that we're adding significant amount of cars, more cars in a truck route. [2:32:33] I think you're going to have more accidents, and you have those utility poles, Kimball, in the preserve, it's not a truck route. [2:32:42] But everywhere a developer develops, everything's underground. [2:32:47] On the side of the airport may not be. [2:32:51] So I'm not in support of not, I'm in support of denying their request. [2:32:58] Chris, try to comment. [2:33:03] Yeah. [2:33:03] I'm going to ask our staff a question. [2:33:05] Yes. [2:33:06] You can. [2:33:07] Regarding the Lou Pies, I guess one of the arguments I heard from the developer was that if this is a [2:33:15] of true public health and safety issues for you guys. [2:33:18] And you guys are requiring us to underground [2:33:20] that why are you accepting a loopy? [2:33:22] If it's that imperative that it's [2:33:26] how can safety issues, why are you accepting this? [2:33:30] So my question regards to loopies is, [2:33:33] if that was something that was proposed [2:33:35] and that's accepted by the city, [2:33:37] what are those loopies that the use for? [2:33:39] Or can they be used for? [2:33:41] And prior, I guess, to who are answering the question, [2:33:44] Councilwoman Komsak, actually addressed this and I happen to agree with there that I'm just curious to hear your response, but [2:33:51] I think this counts would be more than willing to say number one, we would want to take that money and apply it to this project. [2:33:58] Underground right away because it is that important for us and it truly is a help and safety concern. [2:34:04] But with that being said, I just want to hear your [2:34:08] answer. [2:34:09] Yes, okay. So yes, the in Lufi that would be collected would be utilized for the future [2:34:15] undergrounding of those overhead lines. However, in this particular case with this project, [2:34:20] the city code says that city engineer has the discretion to accept an in Lufi when the total [2:34:27] linear feet of overhead lines is less than 650 feet. In this particular case with this project, [2:34:35] at the account, the totally in your feet of Riverside Drive and Magnolia, you exceed 650 feet. [2:34:41] So, per the code, this project is not eligible for that NBP option. [2:34:53] Can you tell me? [2:34:55] Can you tell me? [2:34:56] Karen? [2:34:59] Is it well? [2:35:00] There are not some mention that we are ordered in error. We are looking at utilities and power lines. This, like council member Burton talked about, and the figures that council member Lucio just talked about. And I wasn't aware of that as sexually in our ordinance, thank you, Hasews. There's communities, all up and down the state right now, demanding that we do power lines and utilities different for this exact reason for safety. [2:35:29] And I, like I said, I just, you know, I want to think our staff are working so hard [2:35:34] on this project, you know, and I want to thank them for, you know, helping to bring those [2:35:40] waivers to them for fruition, for some of the affordability to that, but I don't, I don't [2:35:46] see any benefit that can come from the city of Chino, and I'm sure that not this developed [2:35:52] other developers have constructed recently to the improved standards that we're doing for [2:35:58] health and safety in other communities where there's not the same expectation. [2:36:02] And I think we would be selling our resident shore by not taking this opportunity with this [2:36:07] development to make it safer for our community, moving forward and to improve it. [2:36:11] So thank you. [2:36:14] Craig? [2:36:16] Thank you, Mayor. [2:36:16] I wanted to just make some legal clarifications. [2:36:19] I heard the applicant's representative say that if your municipal code found the underground [2:36:28] being so critical from a public safety standpoint, why does the city engineer, why is [2:36:34] the city engineer given unfeathered discretion? [2:36:38] I think that comment is completely contradicted by the language in your municipal code. [2:36:45] municipal code section 13.32070 makes it very clear. The city engineer shall accept the following [2:36:53] developments or improvements of any property whenever the city engineer finds in his or her [2:36:59] discretion that the proposed developments or improvements fit any one of the following criteria. [2:37:07] So it is that there are four criteria listed. It's not unfettered. It's very precise. [2:37:14] So, I think that was an incorrect statement, and your municipal code actually makes findings as to why the [2:37:23] undergrounding of utility lines is a public safety issue. [2:37:26] So there are adequate legislative findings when this code was adopted. [2:37:31] I could see it was, it's been a place at least since 2002. [2:37:36] So certainly when someone purchases property, they know that that is a requirement that the [2:37:41] would impose, we don't ask about whether that's a negotiation between the applicant and the [2:37:49] property owner knowing that that's a condition, but that's something that has been in place [2:37:56] in your municipal code. The applicant, as well as the applicants attorney and HCD all made [2:38:03] the following comment that even though as your public work staff has demonstrated there is a [2:38:11] going of a general risk to utility pools by vehicles colliding with them and creating power [2:38:21] outages and safety hazards when electrical lines are still on and potentially down, [2:38:31] but that there is no specific finding as to the project or project area that those risks [2:38:38] and hazards exist. [2:38:40] I think we have heard significant evidence to the contrary. [2:38:47] Your public work staff did mention that with the addition and development services staff [2:38:54] with the additional addition of new units in this area and this particular project, [2:39:01] it will add additional vehicles. [2:39:02] He will also be adding units where residents could potentially be relying on medical equipment [2:39:10] that requires ongoing electrical supply. [2:39:13] That could be jeopardized that has been presented also at the Planning Commission meeting. [2:39:19] There was a showing consistent with information provided at the Planning Commission meeting [2:39:24] that the proximity of the polls, especially around the intersections, to the public [2:39:30] the right of way, the street is very, that proximity is very small and that could heighten [2:39:40] the risk. So your own former police chief council member, Comstock, based on her experience, [2:39:47] knows this is a heavily traveled truck route, that is relevant evidence. [2:39:56] The other point is... [2:40:00] And I think your staff addressed it well that HCD had raised in its initial letter to the city as essentially city tried to work it out with the applicant, look at alternatives, and that's straight out of the state density bonus law that you have to ascertain whether they're feasible alternatives to mitigate this potential public significant public health and safety risk. [2:40:30] The suggestion was, but ballards around there, we've heard that that could create their own hazards and vehicles collide with them because they are a fixed object and interfere with pathways in this sidewalk. [2:40:46] So, just plugging in the state density bonus law requirements, I do believe staff has presented sufficient information to address that. [2:40:59] I'm going to keep my comment short because I think most of the council has already spoken and verbalized a lot of my beliefs. [2:41:08] But the inloof fee is the example of the developer gave for a restaurant. [2:41:13] I've used a little ridiculous. [2:41:15] An inloof fee doesn't give you permission to do anything that's illegal. [2:41:19] We would use that fee to underground. [2:41:22] So in Luffy is not buying us off from not under grounding, that was ridiculous. [2:41:30] Safety issues of all that you've been brought up, you know, when you buy property, whether [2:41:36] you're a big developer, small person, you do your due diligence before you ever purchase [2:41:43] something that's what a good business person does. [2:41:46] So there's no way that a reputable developer would buy a piece of property without knowing [2:41:53] full well what the city's requirements are and the underground team has been a requirement [2:41:58] since what did you say Fred 2002? [2:42:03] So for 24 years we were required that this developer knew dog-out well with the requirements [2:42:08] where there have been eight concessions given on this property which allows them to save [2:42:15] and I'm sure the amount saved more than will cover the underground in costs. [2:42:23] So, I just, there's no way I can support not underground in these lines. [2:42:30] So, with that, our recommendation is to conduct the public hearing, which we have done, [2:42:36] Propresolution 2026 does 0.56 denying the applications applicants appeal to remove public works [2:42:45] condition of approval number 3.2 which requires the undergrounding of existing overhead [2:42:50] utility lines for the development project located at the south's web corner of Riverside [2:42:55] Drive and Magnolia in the affordable housing overlay. That is the recommended action I would ask [2:43:03] for a motion to approve that motion, motion, motion, motion, [2:43:08] motion, council, for a second, from Mayor Pro Temberton, [2:43:12] any opposition? [2:43:14] Seeing none, the item passes unanimously. [2:43:18] OK, we will go on to item number 15. [2:43:23] Item number 15 is considered the applicants appeal [2:43:28] Planning Commission June 17, 2026 action on the 210 unit rental housing project located at the [2:43:37] northwest corner of Riverside Drive and Mount Navinou, 62 10 Riverside Drive, which received [2:43:43] a 3-3 vote, and therefore did not result in an approval or denial of the project. [2:43:49] The applicant is also a peeling public quirks condition of approval number 2.2 which requires [2:43:55] the undergrowning of existing overhead utility lines and denies the applicant's requested [2:44:01] concession pursuant to the state density bonus law. I will declare the public hearing open [2:44:08] and ask once again for a staff report from Maria and Jesus. [2:44:14] Thank you. As you stated, the applicant is appealing to separate items. The first being that [2:44:22] The applicant is appealing the Planning Commission 3-3 vote for this project which resulted [2:44:28] in either approval or denial for the 210 unit rental housing project that is located [2:44:34] at the northwest corner of Riverside Drive and Mountain Avenue. [2:44:39] The second item, the applicant is appealing is the Public Works condition of approval, [2:44:45] which requires the undergrounding over existing overhead lines for the housing project. [2:44:49] Because this item follows immediately after the previous item I want to briefly clarify the key difference between the two appeals. [2:44:57] For this project, staff recommends a cancelled group. [2:45:00] Grant the appeal in part by approving the housing project, while denying the applicant's request to grant a concession for the undergrowning of the overhead lines. [2:45:09] There are two separate decisions before you tonight, whether to approve the 210 unit housing project, and also whether to grant the applicant's density bonus concession, allowing a portion of the existing overhead utility lines to remain, staff recommends approval project and denial of the request of the undergrowning concession. [2:45:27] I wanted to give a project overview for the first portion of the appeal. [2:45:35] This project consists of 210 rental units, including 21 units for lower income households. [2:45:44] The project is approximately 8 acres and is located within the city's affordable housing overlay. [2:45:52] The project poses 25-2 and 3-story residential buildings along with a recreational building at a density of approximately 26.6 million units per acre. [2:46:04] The project incorporates a Spanish-inspired architectural theme featuring two complementary architectural styles. [2:46:12] Units range from approximately 1,300 to 1,800 square feet and provide family oriented housing within the community. [2:46:21] amenities include essentially located recreation building with a fitness center yoga room, [2:46:27] club room and leasing office. There is also a swimming pool, shuffleboard, taughtla, and small [2:46:32] dog park at the northwest corner of the project site. The Paseo areas between the buildings include [2:46:38] multiple seating areas or shade structures and barbecues. Each unit includes a private outdoor space [2:46:44] through either a patio or a balcony. [2:46:47] There's an existing block wall along the north property line and a new six-foot high block wall will be constructed along the west property line. [2:46:57] This shows a section of one of the units to show that special consideration has been given to the project's interface with the existing residential neighborhoods to the north and to the west [2:47:09] To provide a compatible transition, the project incorporates enhanced landscaping and [2:47:14] crease setbacks for feasible and building massing steps down to two stories along the property line adjacent to existing homes. [2:47:24] With respect to parking, the proposed community provides a total of 450 parking spaces. [2:47:31] 441 parking spaces are required by the Chino Municipal Code, 375 parking spaces are required [2:47:38] under the state requirements. [2:47:41] Therefore, the project exceeds state minimum requirements by 75 spaces. [2:47:47] To help manage parking long-term, the applicant is provided a parking management plan that will be implemented [2:47:53] as part of the project. [2:47:54] The city is not permitted to require additional parking beyond what is allowed under state law even if a project does not meet local parking old standards. [2:48:04] California law limits the city's ability to impose parking requirements that exceed state established standards. [2:48:10] In this case, because the project includes 10% of the units designated for low income households, it qualifies for the parking ratios provided under state density bonus law. [2:48:20] Although the project qualifies for the reduced parking requirements, the applicant is providing [2:48:25] 75 additional spaces beyond the state requirement and also exceeds the city parking [2:48:31] requirement by nine spaces. [2:48:35] I wanted to go over waivers and concessions. [2:48:37] Again, we talked about it briefly with the other project, but because the project does include [2:48:42] 10% of the units for low income households, it does qualify for certain waivers under [2:48:47] the state density bonus law. [2:48:49] The applicant has requested waivers related to building setbacks, the location of parking [2:48:54] stalls, open space requirements, and third-story building massing, and I can go over [2:49:00] that more detail if you wish. [2:49:02] It is important to understand that these waivers are not discretionary exceptions created [2:49:06] by the city, under state density bonus law when a development standard would physically prevent [2:49:11] a qualifying project from being built, at the density and level of affordability permitted [2:49:16] by the state, the applicant may be entitled to a waiver of these standards. [2:49:22] With respect to concessions, we'll talk about that a little bit later in the presentation. [2:49:29] I wanted to provide some background on the project, the Planning Commission considered [2:49:32] this application for this project on June 17. [2:49:37] Staff recommended approval, finding that the project is consistent with the city's general [2:49:42] planning, zoning, affordable housing overlay, applicable objective development standards [2:49:48] with the exception of the waivers and state housing law. [2:49:51] It is important to understand that the limits of state law places on cities discretion [2:49:56] when considering the housing projects. [2:49:58] Under housing [2:50:00] The Housing Accountability Act, when a proposed housing project complies with the applicable objective general plan, zoning, and subdivision standards. The required SQL review has, and the required SQL review has been completed. The city is required to approve the project unless it can make specific written findings of the project would have a specific adverse impact on public health or safety and that there's no feasible way to mitigate or avoid that impact other than denying the project. [2:50:30] In other words, the city cannot deny the quality qualifying housing project be simply on general concerns or subjective standards. [2:50:39] Any denial must be supported by specific findings required under state law. [2:50:44] With that framework in mind, the Planning Commission receives substantial public testimony primarily regarding traffic parking neighborhood compatibility and pedestrian access. [2:50:56] The Commission ultimately considered three separate motions to approve the project. [2:51:02] Each motion failed on a three-to-three vote. [2:51:04] As a result, the Planning Commission did not adopt a resolution approving the project, [2:51:09] and also it did not adopt findings denying the project. [2:51:12] Following the Commission's action, the applicant appealed the matter to the City Council [2:51:16] and is now requesting that the Council approved the project. [2:51:20] With respect to traffic and circulation, because their traffic was a significant topic, [2:51:26] before the planning commission I wanted to briefly address that. [2:51:29] Traffic impact analysis was prepared in accordance with the city's TIA guidelines and was reviewed and approved by the city traffic engineer. [2:51:37] The project includes traffic related mitigation measures including improvements at Riverside Drive and Mountain Avenue at the intersection, [2:51:51] and a right-of-way dedication for future dual eastbound left-room pocket. [2:51:56] I did want to talk about, as well. [2:51:59] There's a lot of discussion on the pedestrian gate. [2:52:01] This is located at the Northwest corner of the project site. [2:52:05] Part of the project didn't include this pedestrian connection. [2:52:08] That connection is intended to provide residents, [2:52:11] particularly children attending Cortes Elementary School, [2:52:14] which is located north and west of the project site, [2:52:17] with the direct walking connection to school. [2:52:19] The goal is to encourage walking and reduce vehicle trips associated with school drop off and pick up. [2:52:26] There are also concerns regarding traffic from the recently open Northgate market, which is located just to the east of this project. [2:52:34] However, staff and city attorney office advised the Planning Commission that SB 330 limits the city's ability to impose new or more strict traffic related development standards after the applicable application baseline date. [2:52:48] For this project, that date is September 18, 2025, which predates the opening of Northgate [2:52:56] Market Directly, located directly east of this project. [2:53:00] Accordingly, SV330 limits the city's ability to impose new or more restrictive traffic [2:53:05] standard based on conditions arising after that date. [2:53:11] The applicants appeal outlined four primary issues, and bear with me please, related to the city's [2:53:17] locations under state, housing law, and Chino Municipal Code, so I'll briefly summarize each of [2:53:22] those issues in the letter. [2:53:24] The first issue is lack of findings. [2:53:26] The applicant argues that the Planning Commission effectively denied the project without [2:53:30] making findings required by the state law and the Municipal Code. [2:53:34] Stasters once is that the Commission did not take it for a mid-action to deny the project. [2:53:39] It considered three separate motions to approve the project and each failed on a three-to-three [2:53:43] vote. [2:53:43] No finding denying the projects were adopted. [2:53:47] Stas owner of you concluded that the project satisfied applicable requirements in the finding supporting approval were included in the proposed planning commission report. [2:53:56] The second issue has to do with housing accountability act or HAA. [2:54:03] The applicant contains that the project complies the applicable objective standards and there is no findings of a specific adverse health or safety impact that cannot be mitigated. [2:54:12] Staff review the project for consistency with the general plan, zoning affordable housing overlay, applicable objective development standards and state housing laws and recommended approval. [2:54:23] The Planning Commission did not adopt findings identifying specific adverse health or safety impact that would support a denial under HAA. [2:54:31] The third issue involves state density bonus law. [2:54:35] The applicant argues that the city filled [2:54:37] to properly grant their request to density bonus incentive [2:54:40] and waivers, including their request, [2:54:42] to retain the existing overhead utility facilities [2:54:45] than under rather than undergrowning them. [2:54:48] Staff's response is that the undergrowning requirement [2:54:50] is in established city development standards [2:54:52] that has been applied to comparable projects. [2:54:56] Staff determined that maintaining the overhead utility system [2:54:59] would not be added. [2:55:00] We quickly mitigated through proposed protective measures, such as ballads, because as measures, would address only certain risks, and would not provide the same reliability and resiliency benefits as undergrowing. [2:55:13] Also, the addition of residential units for the project would create new traffic tuned from the project site and thus exacerbate the traffic collision risk to the utility poles in question. [2:55:23] Based on the evidence and the administrative record staff determined that the statutory basis exists to retain the undergrining requirement. [2:55:32] Finally, the applicant raises the potential penalties and other legal consequences of violating state housing law. [2:55:39] The appeals sites, potential statutory penalties, attorneys fees and other remedies that could apply if court court were to determine that the city unlawfully denies a project. [2:55:50] Staff recognizes the importance of these state requirements and the potential consequences of non-compliance. [2:55:56] At the same time, Staff's review concluded that the planning commission did not affirmatively deny the project rather the motions to approve bill to obtain the required majority. [2:56:06] Staff also concluded that the project is consistent with the applicable city standards and state housing laws and therefore recommends approval. [2:56:12] taken together a staff's position is that the project meets a applicable objective standards [2:56:17] and that the record supports approval of the project, and that the city's review and decision [2:56:22] must be consistent with the limitations and requirements opposed by state housing laws. [2:56:27] With that background, I will now turn the presentation over to the Assistant City [2:56:31] in the engineer Hiesu's position and he'll talk about the second item that is being appealed. [2:56:44] Thank you, Maria. As we just discussed, the undergrounding requirements in the city code [2:56:48] intended to promote public safety and reliable utilities service throughout the city. [2:56:54] Similar to the previous project, the applicant is requesting a concession from the city's [2:56:58] requirement per the city code to underground overhead utilities along the project [2:57:02] footage. [2:57:04] Staff does not support that request. [2:57:06] This project involves a much smaller amount of undergrounding than the previous project. [2:57:10] In this case, the applicant would be required to place existing telecommunication equipment [2:57:15] located along Riverside Drive, underground as depicted in this photo, to clarify the applicant [2:57:22] has indicated that they are agreeable to addressing this telecommunication equipment. [2:57:29] Additionally, the applicant is required to remove an existing utility pole and overhead [2:57:34] SEE lines at the northwest corner of Riverside Drive and Mountain. The photo on this slide [2:57:39] shows the existing overhead utilities that run along Riverside Drive across the intersection [2:57:44] that would be affected by the project. [2:57:46] This [2:57:50] next slide summarizes how the city is undergoing requirements by to the project. [2:57:54] The main concern raised by the applicant is the cost of the work needed on the opposite side of mountain avenue. [2:58:01] Because of the way the existing electrical utilities are connected, [2:58:05] completely undergrounding at the northwest corner of the intersection as depicted in this photo [2:58:09] requires additional overhead utility work across mountain avenue at the northeast corner of the intersection. [2:58:15] The applicant has indicated that this significantly increases the cost to the project. [2:58:21] Staff understands that this work adds cost. [2:58:24] It is also important to note that the existing development at the southwest corner of the intersection [2:58:29] was previously required to underground its overhead utilities along its property budget as part of that project. [2:58:35] And that work was completed back in the early 2000s. [2:58:40] However, the city is not requiring additional undergrounding beyond what is necessary to meet the city's requirements. [2:58:45] The work on the opposite side of Mountain Avenue is necessary to complete the under-grounding of the existing overhead line. [2:58:52] In other words, this is not additional work being required simply because the project is being developed. [2:58:58] It is part of the work needed to place the existing overhead utilities underground. [2:59:03] For the same reason, the discussed during the previous item, staff supports maintaining the city's under-grounding requirement for the project. [2:59:10] Although the amount of undergrounding is more limited in this case, the required work is directly related to the project and is necessary to complete the undergrounding required for the city code. [2:59:21] Staff has also communicated with the California Department of Housing and Community Development or HCD regarding the requested exception. [2:59:29] HCD encouraged the city to consider whether measures could be used to reduce the safety concerns associated with keeping the overhead utilities in place. [2:59:37] staff considered those options, including measures such as protected barriers and relocating the poll. [2:59:43] These measures may reduce some of the risk, however, they do not address the other [2:59:46] risk associated with keeping the utilities overhead, such as high winds, falling trees, [2:59:51] vegetation, equipment failure, or other causes of damage or outages. [2:59:55] As we discussed during the previous item, vehicle impacts and falling utility poles are adopted. [3:00:01] The City's records include 23 collisions between 2021 and 2025, in which vehicles struck and damaged, southern California Edison poles. [3:00:10] Those collisions did not occur at this project site, but they demonstrate that there is a real risk that can occur in our community. [3:00:17] Staff did not identify a mitigation measure that would provide the same overall level of safety and reliability benefits as undergrounding. [3:00:24] For that reason, staff continues to support maintaining the city's undergrounding requirement. [3:00:28] And with that, I'll turn it back to Maria. [3:00:33] Thank you. [3:00:36] I did want to mention staff did meet with representatives from the California Department of Housing [3:00:42] and Community Development, each CD before the Planning Commission meeting. [3:00:47] Each CD encouraged the city and applicant to continue working and could face to evaluate [3:00:51] potential mitigation measures, including measures, such as protective ballards, which [3:00:56] is what he sees was referring to. [3:00:58] They did encourage continued evaluation of potential mitigation measures which we did look at. [3:01:05] Since up meeting City Council received a subsequent letter from HCD on August 31, sorry, August 31 in support of the project and that was provided to you. [3:01:17] Staff has completed that evaluation and concludes that the proposed measures do not provide an equivalent alternative to undergrowning. [3:01:24] This project did qualify for an exemption under [3:01:28] sequo pursuant to public resources code section 2, [3:01:31] 1, 0, 0, 0, 0, 0.66. [3:01:34] With respect to public noticing, [3:01:36] notice of this hearing was mailed to all property owners and residents within 300 feet of the site. [3:01:41] And the notice was also published in the Chino champion. [3:01:44] State staff received comment letters from the applicants attorney, [3:01:48] residents, and California's for home ownership, all of which have been provided to the council for review and [3:01:54] consideration. [3:01:58] So Mayor and members of the Council, staff recommends a partial grant [3:02:02] of the appeal staff recommends that the Council first approved PL-25-0022 set approval [3:02:09] for the 210 unit rental housing project. And secondly, we recommend denial of the portion [3:02:15] of the appeal requesting removal of public works condition number 2.2. And third, adopt [3:02:22] Resolution number 2026-057 based on the findings contained in the resolution that concludes my presentation. [3:02:31] Staff would be happy to answer any questions that you may have. [3:02:34] Okay, questions of staff. [3:02:36] How start with Karen? [3:02:37] Karen, do you have any additional questions? [3:02:40] Curtis. [3:02:41] Mark. [3:02:44] Okay. [3:02:49] I already did open the public. [3:02:51] Okay. [3:02:51] The public testimony portion, I should say, [3:02:58] one of the items included in the packet is a letter from the applicant's attorney arguing that essentially this appeal is unnecessary. [3:03:06] They're taking the position that the Planning Commission didn't act in response to the public hearing and therefore, [3:03:16] makes an argument under the Housing Accountability Act that failure to act should deem [3:03:25] the application approved. [3:03:27] I responded to that letter and we have some copies that are available that should be [3:03:35] part of the record, essentially I think there are argument fails because the provision that [3:03:42] being cited is intended to address scenarios where essentially a city public agency does not act [3:03:52] and neglects an application and drags its feet. That was not what happened here. This was [3:03:58] presented the planning commission. The planning commission deliberated on it. Took several [3:04:03] votes. They did not have sufficient votes to approve it. So essentially it's the denial of [3:04:09] application, the applicants, the appeal as well as the, it's a turnies letter appealing [3:04:18] it, the action makes it clear throughout the planning commission denied the project [3:04:23] and they're appealing the denial. So they are now taking, what I believe is a very [3:04:28] inconsistent position that there was, there was not an action. So my letter addresses that. [3:04:36] I just wanted to make sure that's part of the record. [3:04:39] Okay, Chris, I think Chris had a question. [3:04:43] Oh, you didn't do it, Mark? [3:04:45] I read that, uh, I think it came in like around 2 o'clock in the afternoon. [3:04:49] So does that mean that this applicant is pulling this appeal based on what is, what their attorney [3:04:55] saying and just moving forward? [3:04:58] I, I didn't understand what I got that evening. [3:05:01] We're going to go ahead and pull the appeal because they felt that it was already approved. [3:05:06] I suffered from the same confusion. I've spoken with the applicant. We've had a meeting. I said to, are you ready to put shovels on the ground? [3:05:15] Or should we not have the hearing, but they are proceeding. They have not withdrawn their application. They're here today. That question can be posed to them because I think that's an inconsistent position. [3:05:28] manage your colors from the call-in studio web-internment. [3:05:35] In withdraw their application, since they're perceived with the application in the hearing [3:05:39] denied that they haven't withdrawn it, and use their own wording in their appeal that I [3:05:44] believe in actually was taken. It was effectively a denial. [3:05:49] Mom, we'll get a clarifying term. I do have a couple of questions based on what we had [3:05:55] before how many waivers were they granted? [3:06:01] Yes, they were granted six waivers. [3:06:04] We have a standard in the affordable housing overlay [3:06:08] that they're not supposed to have parking [3:06:11] in the first half of the lot. [3:06:14] With their site plan, they did propose parking. [3:06:16] It does make sense. [3:06:19] It provides additional parking [3:06:21] and it puts the parking near the recreational amenities, [3:06:24] which makes perfect sense. So we wave that requirement. They did want a waiver on private [3:06:31] open space requirements. They do provide open space throughout, but our standard is a [3:06:37] little difficult to meet. So they did ask for a waiver to provide less private open space. [3:06:45] But the site is heavily immunatized. That was a reasonable request. [3:06:49] How many open real quick, I would ask that the audience, whoever is talking, if you're going to have a conversation to please, go out on the hallway because it's distracting. [3:07:01] Okay, go ahead, please. [3:07:02] Sure. [3:07:03] They did ask for a waiver. [3:07:06] We do require 20% of a lot of areas required for common open space. [3:07:10] They provided 18.7. [3:07:14] So that was approved, or one of the waivers that we felt was reasonable. [3:07:22] Also, minimum outdoor living area, we require 400 square feet of open space. [3:07:28] So that's 84,000 square feet in total. [3:07:32] They're provided 70,750, so they wanted a waiver [3:07:36] because they're not quite meeting that standard. [3:07:39] Also, they had a similar request. [3:07:42] The floor plate standard for the third story. [3:07:44] We do require an affordable housing overlay [3:07:46] that the floor plate is 80% of the first floor. [3:07:52] They don't quite meet that. [3:07:54] their massing is not larger at the top, but they did ask for a waiver because they're [3:08:02] not at 80 percent, they're at approximately 94 percent. What they did do, as I showed [3:08:08] in the slide was they provided two stories where it really counted. So wherever they were [3:08:14] adjacent to existing residential, they had the larger setbacks and they stepped down the [3:08:20] building to two stories, wherever you're near, any homes that are existing, and so we felt [3:08:27] that that achieved what we were trying to require by doing 80%. Also, they did request [3:08:34] decided setback waivers, so they're required to do 15 feet along the citerate setback [3:08:40] at the west purplking line, and the product proposed a 10 foot setback on the west purplking line. [3:08:46] So that is the waivers that they requested. [3:08:51] You stated that these units were going to be 1,300 to 1,800 square feet. [3:08:55] Do you know what the rental rate is? [3:08:58] By any chance, have they told you that? [3:09:01] I do not know that answer. [3:09:03] All right. [3:09:04] Then I will now invite the applicant to have a 10 minute presentation. [3:09:18] Hi. [3:09:19] Good evening, Mayor, Mayor, part-time, and commissioner. [3:09:21] Excuse me. [3:09:22] Council members, I'm not in front of Commission, excuse me, I'm Karen Alves, I'm with the [3:09:26] CT Development, where the applicant on this project. [3:09:30] We're here tonight really to appeal the Planning Commission item from the June 17th meeting, [3:09:37] related to our residential project at Riverside Mountain. [3:09:41] At that meeting, the Commission reviewed a project that was fully compliant with the [3:09:46] city's zoning and development standards, as well as the Affordable Housing overlay, which [3:09:51] was adopted under Measure Y by the City and the Residence of Chino. [3:09:57] There was no dispute to whether that project complies. [3:10:00] With the overlay zone or compliance with the city's zoning, and that was proven by the completeness letter that was issued by city staff on May 14 after going through months of vetting the project. [3:10:12] And so we have a fully compliant project. [3:10:15] During that meeting, several motions were made. There was no denial, and there was no approval. [3:10:23] There was also no continuance of that meeting and so HAA requires that a decision be made one way or another within a particular time frame. [3:10:33] So leaving that meeting, the question has come up on the letter that was submitted, leaving that meeting because there was no continuance. [3:10:41] It was our understanding that the next course of action was to file an appeal which we did in the days following. [3:10:48] we also made outreach with an attempt to meet with Council members [3:10:53] administration so that we can talk through what the next [3:10:57] course of action was. We weren't able to do that and it was our [3:11:01] understanding that City Council is going dark in the month of August which [3:11:06] also did not have hearing date in which we could attend. In between that time [3:11:11] frame the 90 day period in which action needed to take place after the notice [3:11:16] of determination had been issued that came and went and we still hadn't been able to take [3:11:23] a meeting with anyone to discuss the next course of action. [3:11:27] And so what we did was we notified as I think any applicant would of what those remedies [3:11:33] are under HAA. [3:11:37] We were afforded a meeting last week in which we did tell city attorney that if there was [3:11:43] difference of opinion on whether a decision was made that night or not, which we are under [3:11:49] the impression one was not. A resolution was not issued and we did confirm that there was [3:11:54] not a denial on that night. But if the preference was that we continue with the appeal, we [3:12:01] would do that. And so that's why we're here tonight. So I just want to clarify why there's ambiguity [3:12:06] and it's really because of the timing in which it all transpired, having left planning commission [3:12:11] without a approval or denial or a continuous, [3:12:15] which I believe would have been the next step. [3:12:21] And so again, the project itself complies with the standards. [3:12:25] And so I don't want us to go too far into that [3:12:27] because I think we've already seen the project. [3:12:29] We've heard the project, I think we've brought [3:12:31] for a really high quality neighborhood [3:12:34] on a rental basis that fits the overlay zone. [3:12:38] You know, we've held community meetings. [3:12:40] I don't think any of the complaints had to do with [3:12:43] the design of the project, the finishes of the project. [3:12:47] So I think we have a quality project that we've brought forward. [3:12:50] That meets the density. [3:12:52] The waivers that we are seeking are really to maintain the minimum density. [3:12:58] So oftentimes standards are rolled out. [3:13:00] And once you start to apply them, you start to realize that [3:13:03] wait a minute, we can't really actually make everything fit into the box [3:13:07] that way we should. [3:13:08] And so in order to get to that minimum density, [3:13:11] Some of these waivers were used in order for us to get there. [3:13:14] So just to be clear, the waivers were not looking for reduction in cost. [3:13:18] They were really just intended to make the best livable space we could on the interior of the units, [3:13:25] while still maintaining the required density. [3:13:29] Do we have an exhibit that we share? [3:13:34] And so as a part of what is allowable under the affordable housing overlay and state density bonus law. [3:13:42] In addition to the waivers, we are afforded one concession that is used to reduce costs on the project. [3:13:51] And so I want to be really clear when we're talking about this concession that we're asking for. [3:13:57] Is that we are really only looking to apply the concession to the under grounding requirement that crosses over mountain. [3:14:05] I know that was brought up in the last item, you know, how do you look at a site and not know what all the expenses will be? [3:14:14] We spent a lot of time doing diligence on this project. [3:14:18] And what that's resulted in is everything that you see in green. [3:14:22] Everything in green are improvements that this project is taking on. [3:14:27] So while we did see that there are overhead lines on the front edge of river side drive, [3:14:32] We expected that to be undergrounded and we will be undergrounding those. We're not disputing that. [3:14:39] What we couldn't foresee though was a requirement to add a right turn pocket. [3:14:44] A requirement to modify the traffic signals. [3:14:48] A requirement to relocate a high pressure gas line that's in the existing right of way. [3:14:53] Those are all items that this project is taking on and that cost is directly impacting this project. [3:14:59] . [3:15:00] Those were flushed out through the traffic study that was done, where it was discovered that there were already existing impacts to the center section. [3:15:08] The impacts from this project are very minimal compared to the overall general area. [3:15:14] Throughout that process we were asked to modify to include the new residential project across the street and add in their traffic impacts. [3:15:22] So, I want to be clear that we're not trying to get out of doing what's required of us, [3:15:28] but what we are doing is subsidizing 21 affordable units with an additional $3 million [3:15:35] burden on this intersection who proved me here that we could never have foreseen being [3:15:40] asked of us or being required wholly by our project because it is an impact to the entire [3:15:46] neighborhood not just our project. [3:15:48] the traffic coming from our project is very small and you can confirm that with your traffic engineer. [3:15:56] And so what I've highlighted down at the bottom is really that intersection crossing over mountain. [3:16:04] What I want to be clear about is the red arrows are pointing to an existing existing lines across there. [3:16:12] The argument has been made that that's creating a safety issue if someone were to run into that pole on the corner. [3:16:19] That poll will remain whether the lines go underground or not, because the poll that you see [3:16:28] across mountain on the far right is such a heavy poll it needs to be guy anchored across [3:16:35] the street no matter what. [3:16:38] It's got too much tension to stand on its own. [3:16:41] This is in a determination we've made ourselves. [3:16:42] This has been determined by our civil engineer and by two separate utility consultants who [3:16:47] evaluated this corner and have all set the same thing, but there's no way that you can keep [3:16:53] that pole across the street on the residential corner and not have a guy wire and pole [3:16:59] supporting that over on your corner. So I just want to be clear that that is really the stretch [3:17:05] and scope is a very limited scope that we're looking for really fine. HCD allows us to have [3:17:11] one concession that's related to cross savings. It doesn't matter if the cross savings is a [3:17:17] or if it's $2 million. There is no max or minimum to that request. And I hope you can [3:17:25] see here that we are asking for something very limited. And it's limited in scope now, [3:17:31] but it could be a broader scope as we get across the street because there's a lot of unknowns [3:17:36] on that residential project. And once you start moving those, you can't control until the job is done. [3:17:42] And so while we now have what we think is an estimate that doesn't mean that that won't increase as we start moving into the residential project. [3:17:51] So I'm just wanting to give you some context on that. Now I have to consider consider that position. [3:18:01] So in addition to the improvements that we're doing there. [3:18:05] You know, we're also, as I said, subsidizing 21 affordable units. [3:18:08] The project is also contributing over $9 million in impact fees that go across the board to schools, law enforcement, parks, infrastructure throughout the city of Chino. [3:18:20] So it is substantial. So in addition to what you see on the set of plans, this is additional monetary impacts that will be made to the city of Chino that you don't see on the set of plans. [3:18:31] So, what we're asking tonight is that you consider the approval of this project. [3:18:37] It's a compliant project, and should be approved, and so we're asking it, please, approve the project, and consider the approval of the [3:18:46] concession as well for the reason that I stated. [3:18:49] So, thank you for your time, and I'm happy to ask any questions you might have. [3:18:53] Do any questions of the applicant? [3:18:57] Okay, thank you. [3:19:00] Okay, I will open it up to the public. [3:19:03] We have one request to speak and that's bonnet. [3:19:15] Good evening again. [3:19:16] I'm gonna get my money's worth tonight. [3:19:19] The major objection I have, [3:19:22] it's a factual issue. [3:19:24] SB 330, the traffic study does not say [3:19:29] that you do not look at future growth [3:19:33] if there's a policy already in place. [3:19:37] What it says is you can't use a new policy. [3:19:41] The city of Gino has a 2020 traffic impact analysis guidelines. [3:19:47] It includes the extended period of time [3:19:51] that should be included in your study. [3:19:53] I find it inconsistent that the staff can say, [3:19:57] Well, it's a safety issue for the poles. [3:20:00] Because the Northgate and all the other traffic, which Riverside's going to become hiring dance. But then, they say, well, we don't need to look at that for health and safety reasons for the development. It should have been. I'm not saying the traffic study would deny the project. I'm not saying that congestion is a basis to deny the project. What I'm saying is no one knows if a ballot traffic study would have been completed after what had identified another safety or [3:20:29] health basis that could then need to be medicated. Again, what SB 330 does say is you [3:20:41] can have five hearings. It's my recommendation that you send it back to the Planet Commission [3:20:46] have a valid study according to the standards in place since 2020 completed and then make [3:20:53] determination at the health or safety issue actually exist. [3:20:58] Right now, you can't do that. [3:21:02] What the law says, the facts are, you had a study, [3:21:06] guideline in place. [3:21:08] You didn't use it. [3:21:09] You didn't look at the future growth, the projected growth. [3:21:12] You didn't look good at Northgate when it was going to be fully [3:21:15] dense. [3:21:16] Those are all things that would have been recruited [3:21:18] in a valid traffic study. [3:21:20] So I'm asking you not to decide if there is a health and safety issue. [3:21:25] Send it back to the Planning Commission, have them have a voucher traffic study completed and then make that determination. [3:21:32] Thank you. [3:21:34] So anyone else in the audience that would like to address the Council on this item? [3:21:39] Yes, sir. Please come up, Sterry. [3:21:53] Thank you, once again. [3:21:55] A couple of comments. [3:21:57] Number one, I've done a little research on this, our underbounded policy dates all the way back to 1981, at least when the general plan and discussion was going on. [3:22:09] So it's established. All of you have spoken out in favor of maintaining the underbounding. I think that's great. [3:22:19] I don't see how underbounding this one crossover is going to financially bankrupt this project. [3:22:30] Contrary to what the applicant said, the poll does not act remain. [3:22:36] That's such a thing as upstream ballasting in Edison, Lingo, that's what they call a leaner poll. [3:22:44] I'm sure you've seen, and we have several of them throughout, you know, where instead of the guy being downstream from the pole, it's placed as a buttress upstream. [3:22:56] So, it's always feasible. I don't think it's a huge financial undertaking given the size of this project. [3:23:05] I do want to make a comment. I appreciate all of you understanding how important and undergrounding is. [3:23:14] And I want to remind you that it's not only important on these types of projects, but it's also important on city projects in the past. [3:23:22] We have not always done it on city projects. [3:23:25] Thank you. [3:23:27] Anyone else in the audience? [3:23:29] One of the leaders of the council on the side of them? [3:23:32] Okay. [3:23:32] Seeing them, I'll close the public hearing. [3:23:37] Karen, you have any questions? [3:23:40] Okay. [3:23:41] Go ahead. [3:23:42] These [3:23:48] are the same project two different issues. [3:23:54] Again, according to the applicant's testimony, the project, in my perspective and reading [3:24:01] the appeal and listening to our staff report, again, this is a project that comes in and [3:24:08] meets the requirements for development standards, you know, by state law today. [3:24:14] Mr. Naval, I do appreciate your comments about the traffic, you know, study and different things in my experience and personally going and speaking to ACD and different things that even if we were to send this back, they've always said it's not really upon it, it's not going to change the perspective on the approval of this project. [3:24:37] And, in fact, this applicant has probably done a little bit more of parking and a few things that we've asked our staff and concessions to them and setbacks for the surrounding neighborhood to take into consideration. [3:24:51] I don't believe that sending it back for another study would change any of the approval process at this point. [3:24:58] Based on our staff's social media applicant, and [3:25:00] And state laws have stands today. And I do think that's why I work sort of in this position today, [3:25:07] because sometimes we're looking for all these interpretation of something and we're sending [3:25:14] it back and it's just creating further and further and further delays for development and other [3:25:19] people and it's caused in some way Sacramento to become frustrated with this and want to [3:25:24] impose these mandates upon city to develop. [3:25:28] That being said, I agree with the applicant on this, and I do support their appeal for development. [3:25:37] Again, I've talked to a lot of residents here in this council. [3:25:43] It's hard sometimes to get your mind around these developments in our city where we want to maintain local land use in particular zoning. [3:25:50] But in this particular case, this project, in my opinion, meets the requirements. [3:25:56] However, with the undergrounding of the utilities, I have said a lot about that tonight. [3:26:01] I don't change my perspective on this. [3:26:04] Well, stated by the applicant where they may not have seen other impacts. [3:26:10] When we do projects, we don't see other issues on the impacts as well, and we call it contingencies. [3:26:16] We build in a contingency fund when we do local development to hopefully absorb some of those things. [3:26:21] sometimes they're higher, sometimes they're lower. [3:26:23] And when the Africa was dating about the undergrounding here, [3:26:27] although I don't work for Edison, something told me in my mind, [3:26:30] I can't have to be a way to mitigate this, right? [3:26:33] You can't just say that that whole has to stay there, [3:26:35] like in perpetuity forever, right? [3:26:37] No, there's gotta be a way to bring the pull down. [3:26:40] It may be a little bit more expensive [3:26:42] and make it right for the undergrounding moving forward. [3:26:46] And it's weird, I can't prove it, [3:26:50] but it's almost like these two developments with the undergrounding. [3:26:54] This act like it has a different issue because of the planning commission decision, [3:26:59] but it's almost like there were coming to the meetings at the same time [3:27:02] and both decided maybe they don't want to trench undergrounding [3:27:05] and who knows, maybe they talk to each other about it. [3:27:06] I said, hey, let's try to not do this. [3:27:09] I don't know. [3:27:11] But I haven't changed my perspective on undergrounding of utilities [3:27:15] for the reasons I've stated earlier. [3:27:17] I think it's essential. [3:27:18] I think it's the direction of the state. [3:27:20] I think people in newer developments want to see this from a health and safety perspective. [3:27:26] Again, when trucks crash into utility poles or cars, they knock them down and knock out power [3:27:33] and knocking over utility line is a lot different than knocking over a street sign. [3:27:38] So I wish to support denying the request to underground the utilities [3:27:45] But I also wish that if this applicant would like to come back to the table and talk to our staff, [3:27:53] if there was another way to figure this out, I don't know, but I don't support the, [3:28:00] I would deny the appeal for the, for the concession of the utilities. [3:28:04] Those are my comments, Mayor, thank you. [3:28:06] Kurt? [3:28:08] Thank you, Mayor. [3:28:10] I was at that planning commission that evening. [3:28:13] It was a long meeting for sure. [3:28:17] And Karen, thank you for coming up and giving your comments. [3:28:21] I appreciate it. [3:28:22] I saw a lot of frustration in your face that evening as well as your attorney. [3:28:29] And a lot of people in that planning commission meeting. [3:28:34] Whether we like projects coming into the city or not, our own personal opinions really have to be put on a back burner, [3:28:45] whether we think something is too high of a density or it's going to take away from our Chino hometown field, maybe even sometimes. [3:28:55] But state law now is mandating cities like the city of Chino to abide by certain housing laws. [3:29:06] The city cannot deny this project. [3:29:09] It meets all the requirements, all the laws, and the standards that the state is saying that it should. [3:29:17] as a city we can't deny it if we deny it, we're going to end up in court. Whether I like [3:29:26] the project or not, we have to approve this project this evening. I would agree with [3:29:35] with Council Member Comstock. [3:29:38] I'm not in agreement with the power utility balls. [3:29:46] Those have to be undergrounded. [3:29:49] But the first portion of that, I think we need to approve that. [3:29:54] The second portion, I don't believe we should. [3:29:57] Those are my comments. [3:30:02] In looking at this project, [3:30:06] I will say that I would say a lot of people don't like the density of the densities high. [3:30:13] But unlike the underview net, here at least give some amenities to the people over there. [3:30:20] Where the other one doesn't give them anything. [3:30:23] They do give them more parking spaces than we normally ask for. [3:30:30] I also, when I read this, I went over to not take Gonzalez Market. [3:30:37] And obviously we all know when it first opened, it was completely crowded. [3:30:41] You couldn't even buy parking across the street. [3:30:44] They was completely parking all the way around the building. [3:30:47] It's very, very difficult to get into. [3:30:49] But I went through this weekend in the morning [3:30:53] when they were having an event and it wasn't that crowded. [3:30:57] I was able to find parking in the regular parking stall. [3:31:00] It is a busier than it was, of course, absolutely. [3:31:03] Which is what we wanted anyway. [3:31:05] It was, it was a really a functioning market. [3:31:08] They were making more money [3:31:09] as a warehouse, shipping things out to their other markets, and they really care too much to have [3:31:14] the market here in China. [3:31:16] So now we have a market that's actually viable. [3:31:20] So I don't think that the traffic study would make much of an impact, even on the North [3:31:25] Gators there. [3:31:26] I think North Gators looks more crowded than let's say like the Stater Brothers, because [3:31:30] Stater Brothers has a larger parking space, a bigger parking lot, so it's more parking [3:31:35] space. [3:31:35] the one at Northgate significantly smaller and just like Council Member Curtain said, we can't deny it, because this means all of the firements. [3:31:51] So I also would approve this, but I'm not in favor of not underground. [3:32:00] Chris? [3:32:03] Thank you, Mayor. [3:32:05] Question for you. [3:32:06] So, regarding the, that one utility poll, right, that's kind of an issue right now, right at the corner. [3:32:12] They had mentioned their engineers had, right, kind of looked at that setting and today what is. [3:32:17] One particular poll must be just a kind of balance out with the press tree. [3:32:21] Here instead these comments that, no, it's absolutely possible, [3:32:37] So [3:32:40] I do agree that it's feasible to underground that overhead line to the extent that it causes other improvements to be needed with that undergrounding. I am not sure it would be something that we would want to consult. [3:32:57] with an expert, as far as utility undergrounding, based on some of the communications that we've [3:33:06] had, not only with the applicant but with experts in this area, it does seem like there is [3:33:12] kind of like a snowball effect that happens once you have this overhead line place underground. [3:33:17] There's a lot of additional work that's increasing the cost, so it does mean that the underground [3:33:22] cost goes from, let's say, something that's probably more like a six-figure cost, [3:33:28] just maybe something that's like in a seven-figure range. [3:33:32] Okay, and, I mean, ultimately, it's feasible. [3:33:39] Okay, [3:33:41] I, the health and safety issue still would remain, right, if that one particular [3:33:52] And I guess a couple of, yeah, one of the common I have is I, and maybe this may be a question for the developer, but just I appreciate it. [3:34:03] If you'd like to develop a two particular polls, I'm agreeing with that. [3:34:07] At least one particular poll and at least it shows me that at least in one sense that they do agree that there is a health and safety there and it's speaking more feasible there. [3:34:15] And together, it just makes for the perfect opportunity to, okay, well, okay, we're not, you know, [3:34:20] undergrounding that into the info there. [3:34:23] And by however, with this other poll, that's an issue is, it seems like it's getting worn [3:34:27] to, right, the cost of the developer, and that, or the margin of the developer. [3:34:33] But still, it just sounds, may that be, yeah, the health and safety issues through the main [3:34:38] of the, although, again, the issue is, it's coming up cost a lot more than the other [3:34:44] And you're the goal of that life, right, that's great. [3:34:48] So I'm going to thank you. [3:34:49] Any other loves comments? [3:34:52] Okay. [3:34:54] Regarding that poll, I find it very interesting. [3:34:58] The different information. [3:35:00] Let's come forward on that. Where I left the majority of the newer homes, everything was [3:35:07] undergrounded, even though we were in the county at the time, cost the street for my house, [3:35:13] is a poll that is very, very, I'll say, overloaded with lines and big boxes and stuff. [3:35:22] And at one time it was leaning pretty precariously and they had to come out and fortify it with [3:35:28] lines that come down. So I know there is a way to stabilize those big poles, not very pretty, [3:35:36] but there is a way to stabilize them. I have to compliment this particular developer because [3:35:43] although I personally do not like high density, it appears with the waivers, the concessions, [3:35:52] that they haven't really asked a whole lot, [3:35:56] and they've actually given a little bit [3:35:59] with coming up with more parking than what they were required. [3:36:03] It appears that they have attempted to make a very nice project, [3:36:10] at least with a pool and a taught lot, [3:36:13] and extra parking, and going to stories next to current homes, [3:36:19] instead of going with the three, so it's interesting comparing two developers where one appears [3:36:28] to, at least, from my vantage point, be a good neighbor for the development and agree to [3:36:41] underground in all those she did mention they'd rather not do that corner compared to one that [3:36:47] asked for maximum, what I consider maximum, waivers and not willing to underground. [3:36:57] So I too, I agree we need to approve this development, and I, again, will support denying [3:37:07] the portion to not underground, so we need to do the undergrounding and approve the project. [3:37:15] Fred, you have a comment? [3:37:17] Yes, Karen, [3:37:20] I meant to add those exact comments, Mary, I think it's very well stated to the applicant that spoke here tonight. [3:37:28] I couldn't agree with that, I just didn't want this meeting to close without her hearing me say that. [3:37:33] Not to mention that she has a fantastic first name, so. [3:37:38] Oh, my goodness. [3:37:39] Thank you. [3:37:39] Thank you. [3:37:40] Thank you. [3:37:40] Is that official on the record? [3:37:44] Fred, you had a comment. [3:37:54] Sit on. Great, thank you. Just wanted to address a few points that were raised. I know the applicant said that the city did not communicate after the planning commission meeting. [3:38:09] That was really, I appreciate that the applicant representative mentioned that the council was dark, but more importantly, when we received the appeal letter it had no less than half a dozen threats of litigation. [3:38:22] and so staff is very apprehensive and I generally advise it if they're going to speak in the [3:38:30] face of threats of litigation that I be present. I've worked well with the applicants [3:38:36] attorney for years on various projects and have always been responsive when he's reached out [3:38:42] to me so that was always an option. I do want to address the traffic study comments that were raised [3:38:49] by Mr. Nigg, I have expressed and it's explained in the staff report as well as Robert [3:38:58] Hensley of my office explained at the planning commission level that the Housing Accountability [3:39:03] Act, once an application is deemed complete under SB 330, we cannot add more requirements. [3:39:12] There is an argument that he raises that the environmental baseline is incorrect, but this is a project that's exempt from sequo, there's legislation for infill projects, AB 130, that makes it clear that these projects are exempt from sequo reviews, so the baseline is not relevant, it doesn't apply. [3:39:39] And he also references what he considers a lamp. [3:39:43] He describes as a landmark case, California, [3:39:46] a rendezvous versus San Diego that seems to support [3:39:49] the argument. [3:39:50] There is no such case. [3:39:52] I know the cases in this area. [3:39:54] I research the case. [3:39:55] I couldn't find it. [3:39:56] I asked the applicant's attorney, and he knows of no case. [3:40:00] So it's hard to respond to that because it's a case that doesn't exist. So I think the staff has [3:40:09] perceived appropriately using the traffic study that was provided and approved by urban crossroads. [3:40:17] Thank you. [3:40:18] Okay. Any last comments? Then with that, you have the recommendation to approve the project [3:40:24] and deny the appeal to underground, [3:40:27] with that I need a motion and a second. [3:40:30] Motion from Mayor Boat Tim Burton. [3:40:32] Second from Council Member Comstock. [3:40:37] Any, no votes. [3:40:40] Hearing none, then the project, or the item, rather, [3:40:44] is approved unanimously. [3:40:46] Item number 16, naming of the part, yes, ma'am. [3:40:53] Gosh, we only have two items left, [3:40:55] but yes, five minute break, bathroom break. [3:46:55] Okay, everyone, if you'll please take your seats so we can get this meeting on the road. [3:47:31] If everyone would please be seated, we would like to get back to the council meeting. [3:47:43] Natalie, are you ready? Okay, we're week reconvening after a short break. [3:47:49] I had a number 16 naming of the park site located in Block 1 at the Preserve. [3:47:54] This is to adopt the name Harmony Park as the name of the new park to be part of Block 1 at the Preserve. [3:48:01] We're going to have a staff report by Jeff Freibenson, Parks and Facilities Manager, and Sylvia Allos, Director of Community Services Parks and Recreation. [3:48:12] Good evening, Madam Mayor and Council members. [3:48:14] The city's park naming guidelines provide several steps during the process and I'll be going through those this evening. [3:48:21] First, a list of potential park names is compiled from suggestions submitted by the public, city staff and the developer. [3:48:29] The suggestions are then forwarded to the community services park and recreation commission for review. [3:48:36] The commission's final recommendation is then forwarded to the city council for adoption. [3:48:42] The Park Naming Guidelines allow a park for our [3:48:46] facility to be named after an individual living or [3:48:49] deceased who has provided a significant contribution to the [3:48:53] development or improvement of the quality of life in [3:48:57] Gino. Park Names can also be based on themes that [3:49:02] characterize the individual park sites such as neighborhoods, [3:49:06] street names, or significant site landmarks. [3:49:09] The development of the preserve area includes the construction of a park required by the development agreement with Lewis operating companies. [3:49:21] As conditioned by the preserved development agreement, the developer is required to design and construct a park in lieu of paying development impact fees for the site. [3:49:31] Lewis operating companies is currently developing a three acre public park within the [3:49:37] preserved community as part of a new development called Block 1 at the preserve. [3:49:43] At this time, there is no estimated start date for construction or an anticipated opening date for the park. [3:49:50] The timing of the construction of the park will be largely driven by pace of sales within the community. [3:49:57] The project site is look... [3:50:00] Okay, it's South of Pine Avenue, West of West Preserve Loop, and North of Legacy Park Street. [3:50:08] Key features of the park include a walking loop, [3:50:14] line with cherry trees, traditional Chinese garden, [3:50:17] arbor, chest and board, game area, fitness equipment, dog park, a lot and also a restroom. [3:50:23] The City received 18 Park Name proposals from the community members. [3:50:29] The name submitted were for individuals and others focused on the theme. [3:50:35] Some of the suggestions were Dennis R. Yates Park, Cherry Blossom's Park, Eunice Ulloa Community [3:50:43] Park, Harmony Park, Russell M. Miller, Senior Memorial Park. [3:50:49] The Park naming subcommittee met on July 2nd, 2026 and is comprised of Chairperson Jerry and Commissioner's Cooper and Montenegro Olivas. [3:51:02] The subcommittee concluded that the commemorating a community member would better be suited for a larger community park where the park's theme and amenities could be thoughtfully designed to honor the individuals legacy. [3:51:19] and showcase their contributions to Chino. [3:51:23] At the July 27th, 2026 Community Services Parks and Recreation Committee meeting, the Commission [3:51:29] voted in favor of Harmony Park as it best reflects the park's overall theme and design. [3:51:38] Staff is requesting City Council adopt Harmony Park as the name of the Block 1 at the [3:51:44] are park site. This concludes my report. I'll be happy to answer any questions at this time. [3:51:50] Great. Any questions or comments? Any comments from the community? Okay. [3:51:57] Just a comment. I appreciate the work that our commission put into this and looking at the names. [3:52:06] I would request that they take a look at Russell and Miller in the future park. Here's a man that was [3:52:12] police officer here, they gave his life for our community and I think that he would be very [3:52:20] well suited to be considered. It looks like he was considered, but maybe in the future maybe [3:52:25] a future park for a wrestler again, he gave his life as a police officer to give his community. [3:52:31] That's all I have here. Thank you. You know, if that ever happens, it would be really cool to have [3:52:36] police being with the park, you know, like a police car and kind of stuff like we've done with the [3:52:44] the Rancho Park where it's, you know, farm pain and would be really cool. [3:52:50] Any other comments? [3:52:51] Hey, we need a motion in a second, please. [3:52:54] A motion from Councilman Lucio. [3:52:58] A second from Councilperson Comstock. [3:53:00] Any negative votes, okay, seen none, it's past unanimously, item number 17, amendment [3:53:09] number two of the construction reimbursement agreement and personal acceptance of improvements [3:53:14] for the Ontario Ranch Business Park Project, referred to as the Rita Project, Merrill Avenue [3:53:21] widening the Interconnect and you could have a new median improvements project, R-25-0-1. [3:53:28] Our staff report to this evening will be provided by Sylvia Ramos, contracts and [3:53:33] dipigrantist trader in his Swiss placentia, or assistant city engineer. [3:53:40] Good evening again, Mayor and council members. [3:53:43] Before you this evening is a request to approve amendment number two to the construction reimbursement [3:53:48] agreed agreement with Rita in the amount of $984,250. [3:53:58] Rita, the developer of the industrial buildings located in Ontario, east of Euclid Avenue, [3:54:02] between Eucalyptus and Merrill was required by the City of Ontario to design and construct [3:54:07] public improvements around the perimeter of its project, including improvements along [3:54:11] Euclid Avenue and Merrill Avenue. These improvements include work within both the City [3:54:16] of Ontario and City of Chino-Juristician. The Merrill Avenue improvements extend along both [3:54:21] the north and south sides of the street from Euclid Avenue to just west of Grove Avenue, [3:54:26] with a south side being within the City of Gino's jurisdiction. [3:54:30] On July 30, 2024, the City and developer entered into a construction reimbursement agreement, [3:54:36] establishing a project budget of approximately 15.7 million for eligible improvements [3:54:41] within Gino's jurisdiction as construction progress, several enforcing field conditions, [3:54:47] scope changes, and additional construction costs were identified. [3:54:50] These costs were partially offset by project savings, unused contingency, and the [3:54:57] for maintaining 22-unit price. [3:55:00] With their contractor, all American as well. On December 2nd, 2025, the city council approve the amendment number 1, and the amount of approximately 1.98 million, increasing in total knock to exceed reimbursement amount to approximately 17.69 million. [3:55:18] Construction of the barrel, and youth improvements is now substantially complete. [3:55:22] The city of Ontario accepted the improvements within its jurisdiction on April 13, 2026, with some exception, with the exception of some minor sidewalk and traffic signal related improvements on Maryland. [3:55:36] Within the city of Chino, the remaining work consists primarily of approved change order work, along with the completion of the Parkway Landscaping sidewalk and related improvements along Maryland. [3:55:47] As construction has progressed, several additional eligible work items have been identified that [3:55:53] we're not including an original project scope. [3:55:56] These items are resulted from unforeseen field conditions, design and scope refinements, [3:56:01] and additional improvements requested for supported by city staff following the [3:56:06] relinquishment of Euclid Avenue. [3:56:08] Although a current project budget includes contingency funds and savings from work that [3:56:13] ultimately not perform. Those funds are not sufficient to cover all of the remaining eligible costs. [3:56:19] For that reason, staff is requesting councilable approval of men in number two to the construction [3:56:23] reimbursement agreement in the amount of 980,000,000,000,000,000,000,000,000. This amendment would provide the [3:56:28] additional funding necessary to reimburse the developed or for the remaining eligible improvements in the [3:56:33] associated costs needed to be the project. [3:56:36] The table on this slide summarizes the remaining [3:56:39] change order work and improvement items that are being considered for reimbursement. [3:56:43] The important distinction for council is that some of these items can be accommodated [3:56:46] with the existing project budget, while others require the additional 984 to 50 requested [3:56:52] through minimum number two. [3:56:54] So rather than going through every item, I'd like to focus on several of the larger dollar items [3:56:59] and explain how they fit within the available funding. [3:57:04] First, is additional ADA improvements on the west side of the Uglid and Merrill intersection. [3:57:09] So, the project already included rehabilitating the pavement on the west side of Newwood, staff requested that the adjacent pedestrian crossing also be upgraded to meet current ADA standards. [3:57:19] This work includes reconstructing the curb ramps and crosswalk pavement to achieve compliant cross loops and running slopes. [3:57:26] Yes, made a cost is approximately $62,900. [3:57:30] The second item is additional payment base material along UBIT. [3:57:35] At that time, this work was constructed. [3:57:36] UBIT was under Caltrans jurisdiction. [3:57:39] Based on the geotechnical investigation performed performed by the developers consultant. [3:57:44] Caltrans required the payment base layer to be increased by two inches. [3:57:47] Beyond what was originally anticipated due to the underlying soil conditions. [3:57:53] And that added approximately $43,500 to the project cost. [3:57:57] So, both of these items can be covered within the existing project budget and do not require additional funding through the amendment. [3:58:07] The remaining items I'll highlight are among those that cannot be fully covered by the existing project budget and therefore contribute to the need for additional funding. [3:58:16] The first is the city's pressure reducing valve fault on a narrow avenue. [3:58:20] Before one of the left shows the vault lid in the street, the city's portable water transmission line along narrow includes a large pressure reducing valve house within the vault. [3:58:30] It was originally assumed that the wall could simply be adjusted to match the new roadway elevation with the widening of the street. [3:58:37] However, once construction began, it became clear that because of the age of the structure, [3:58:41] modifying the existing wall would compromise the structural integrity. [3:58:45] Instead, a new concrete enclosure had to be constructed around the existing wall, [3:58:49] and the cost of this work was approximately $69,200. [3:58:54] Another significant item relates to the expanded improvement behind the curve on the south side of Maryland. [3:59:00] Originally, the city of Ontario required the roadway widening only to the face of the curb. [3:59:05] However, the city and developer subsequently agreed to expand the improvements to providing [3:59:08] more complete alternate improvement, including the parkway, sidewalk, streetlights, and traffic signal [3:59:14] and equipment. [3:59:16] As part of that work, new electrical pedestals were installed to houses the Southern California [3:59:20] at medicine meters, serving the streetlights and future irrigation system, that work costs [3:59:25] approximately $67,400. [3:59:28] These expanded improvements are part of the remaining eligible project cost being addressed [3:59:32] through the requested amendment. [3:59:36] The largest component of the additional funding request is the Parkway Improvements along [3:59:40] Maryland Avenue. [3:59:41] The photo on the left shows a current condition of the south side Parkway, which is still [3:59:45] third-face. [3:59:46] Part of the expanded Maryland Improvements, the project includes installation of Parkway [3:59:50] landscaping along this bridge. [3:59:53] The estimated costs in southern landscaping in irrigation is approximately $497,500. [4:00:00] There's also long-term maintenance consideration. Unlike the partly landscaping in front of the FedEx property, that's near the intersection of Maryland and flight, which is privately maintained by the property owner under the project's conditions of approval, the landscaping along this portion of Maryland would ultimately be maintained by the city. [4:00:20] This requirement dates back to a 1991 agreement between the City and San Bernardino County related to the annexation of the Chino Airport property. [4:00:30] Under that agreement, the city is responsible for maintaining the public right away along the airport footage. [4:00:35] As a result, installing landscaping would create an ongoing maintenance responsibility for public works that would be funded through the city's general fund. [4:00:43] This proposed amendment was brought before the Infrastructure and Streets Committee in July of this year, and this particular issue was also discussed. [4:00:51] The committee suggested that we, that staff explore whether the county's San Bernardino would be willing to participate in the cost of installing these improvements because they, they do from Chino Airport. [4:01:01] staff subsequently contacted the county regarding potential cost sharing. [4:01:06] At this time, the county has not provided a definitive commitment to reimburse a city for any portion of the cost. [4:01:13] Staff will continue coordinating with the county to determine whether a reimbursement or another cost sharing arrangement may be available in the future. [4:01:20] So the image on the right is just a digital rendering so that you can see what the parkway landscaping would look like on the south side of Maryland. [4:01:30] So, based on the direction received, staff is recommending that the Park Bay landscaping [4:01:35] proceed as part of this project. [4:01:37] This is a change from the recommendation present to previously to the committee, where [4:01:41] staff was evaluating alternatives such as mall, or decomposed granite, and responsive [4:01:45] a long-term maintenance concerns. [4:01:47] The current remit recommendation is to proceed with the installation of Park Bay landscaping [4:01:51] with the associated costs included in the additional funding request before council today. [4:01:55] Well, this will create an ongoing maintenance responsibility for the city staff will continue to [4:02:00] preserve the potential participation from the county, given the location of the improvements [4:02:05] along Chino Airport front edge, and has noted the submitted costs for the landscape being an irrigation [4:02:09] system is 497,500. [4:02:16] There is before you today an additional action that was not presented at the previous streets in [4:02:22] infrastructure committee, and that is the partial acceptance of the completed improvements. [4:02:26] Construction within the city of Chino substantially complete, and staff is recommending [4:02:31] a substance of the improvements that have been completed within the city's right away [4:02:35] up to curb and gut are shown in this exhibit. [4:02:39] These improvements have been constructed in accordance with the city standards and specifications, [4:02:43] including applicable accessibility requirements, and have been completed to the satisfaction [4:02:48] of the public work inspector. [4:02:50] Improvements being accepted that would be accepted today do not include the sidewalk, Parkway [4:02:55] landscaping, streetlights, traffic signal, interconnect, and program improvements that are still [4:03:00] under construction. [4:03:02] Those remaining improvements will be brought back to council for a substance once they are [4:03:06] complete. [4:03:07] Staff conducted a final walk through the improvements proposed for a substance today, back [4:03:13] on July 15th, 2026, and all punches items identified for those projects have subsequently [4:03:19] been completed. [4:03:20] So, for this reason, staff is agreeable to the developer's request to establish July 15th [4:03:25] as a commencement of the one year warranty period. [4:03:28] This would allow the warranty period to begin based on the data that final walk-through, [4:03:33] better than delaying the start of the warranty period until this meeting, well, city council [4:03:37] will start in August. [4:03:39] The developers require to provide a warranty bond to secure its obligations during the [4:03:43] warranty period and has indicated that the bond is anticipated to be provided by the end of [4:03:48] next week. [4:03:49] So just for clarification, the staff reporting correctly states that security for the warranty bond had been already provided. [4:03:56] The city has not yet received the warranty bond. [4:03:58] Therefore, assuming the city council is agreeable to accepting the public improvements, [4:04:03] the formal acceptance letter will not be issued to the developer by staff until the warranty bond has been received. [4:04:10] Once the warranty bond has been received, this will secure the developer's obligation to correct any defects, [4:04:18] identified during the warranty period. [4:04:20] So upon the substance, these completed improvements will become the sole and exclusive property [4:04:24] of the city and the city will assume responsibility for their operation and maintenance. [4:04:29] The anticipated maintenance responsibilities include public street sweeping and storm [4:04:34] during catch-based maintenance, while traffic signals and the Euclid median landscape will remain [4:04:39] the responsibility of the city of Ontario. [4:04:42] The partial substance therefore allows the city to formally accept the improvements that [4:04:45] complete and ready for city ownership while the remaining improvements can continue through [4:04:50] construction and be presented to Council for a sentence at a later date. [4:04:55] So in summary, there are five actions before Council today. Staff recommends. [4:05:00] The City Council set the public portion of the, excuse me, accept the completed portions of the public improvements associated with Merrill. [4:05:08] And you could have knew. A proof of budget increasing the amount of 984,250 dollars for a revised total project budget. [4:05:16] Not to exceed 18,677,118 dollars. [4:05:21] appropriate $868,150 to the transportation fund 320 and approve an immediate budget transfer [4:05:28] in the same amount from the Preserve Circulation Defund and appropriate $116,100 from the [4:05:35] youth-related relinquishment program. Approved an amendment number two to the construction [4:05:42] reimbursement agreement between Chino and youth-level land venture LLC, increasing the reimbursement [4:05:46] out by 984,000 to 50 for a total not to exceed 18 million, 677,118 dollars and authorize the city [4:05:56] manager to execute all the necessary documents on behalf of the city. So with that, I'm happy [4:06:02] to answer any questions. Any questions of a staff? [4:06:09] I have a couple questions about future development [4:06:13] on you going. I know we just acquired it, but with the amount of building that we still [4:06:22] have going on down the preserves, you amount of truck traffic, the freight that goes up [4:06:29] and down you click now. Are there any plans to widen you could have a new, that three [4:06:37] the needs of both directions to make it consistent with what's north of where we slide [4:06:42] drive. [4:06:44] There is. [4:06:45] I think one of the challenges with widening Euglid specifically south of Merrill comes [4:06:54] from the back that before you widen the street, you want to build Stormdrain Line Eye. [4:06:58] I think you've heard about Stormdrain Line Eye. [4:07:00] It's a major infrastructure project that's the multimillion dollar project, I think it's [4:07:05] a double 10 by a box, just huge. [4:07:09] And so you want to build that first before you find the street. [4:07:15] I'd like to come on that well, I don't believe there is. [4:07:19] Because what would be the point in this, it's just going to move the choke for the right [4:07:23] because the design construction for the Euclid Bridge is two lanes. [4:07:29] So I thought the plan was to keep Euclid two lanes in each direction consistent for it [4:07:34] to go over the Euclid Bridge. [4:07:35] Or am I wrong? [4:07:39] Someone can correct me on that, but I thought, at least along Euclid, from narrow down to [4:07:49] south of pine, the expectation was that it was going to be in the ultimate condition, either. [4:07:55] I think we could do it three lanes, but I think the general plan specifies for each direction. [4:08:02] I'd love to start looking at making Euclid Wider with the development of that one project that's between [4:08:15] a bit more and a pine that was going to help to make that street wider and obviously with the [4:08:26] farm on Euclid that would also have the expansion of the airport, but I thought that was going [4:08:32] to facilitate making it wider and have the developers pay for improvements on that road. [4:08:40] Yeah, that's I think that's that's another project where there's an opportunity to do improvements [4:08:44] along Euclid. [4:08:45] I think the challenge is like when when would that project move forward and do the front edge [4:08:50] improvements versus when my nine kids go? [4:08:53] You have to have a line on your funding. [4:08:56] Funding is going to be better. [4:08:58] We have any funding for line I right now, do we? [4:09:01] We're not all of it, but we're looking for opportunities to obtain more funding. [4:09:07] That's one of the biggest challenges that's why I know. [4:09:11] Any other comments, questions? [4:09:13] Anyone in the audience have anything to say about this. [4:09:17] I just have one quick question. [4:09:18] Yes. [4:09:19] When do you anticipate the rest of the room is to be done? [4:09:24] So my understanding and I believe the developers here and could correct me if I'm mistaken [4:09:29] but they're looking to have it completed either later this month or an October. [4:09:36] Okay, with that I would entertain a motion and a second. [4:09:40] I'll wait a minute. [4:09:41] Motion from Councilman, Lucio, second from Councilperson Constalk, any opposition? [4:09:48] I'm seeing none yet and has such an animously. [4:09:52] I'm going to forget, forego my accounts for reports this evening due to time. [4:09:58] May I put Tim Burton up. [4:10:00] The law is so important. No matter how much council report is well-marred. [4:10:03] Council member comes to. In the interest of the time in our staff, Mayor. I will also follow my thank you. [4:10:10] Council member, the long meeting tonight. Council member Floris. [4:10:14] Mayor, I'm going to go and I'm happy to be back. And I'll have a lot of work to do. [4:10:17] Council member Lucille. I will follow suit and I will go and go. [4:10:21] City manager is not here this evening. I would take this opportunity to ask everyone to keep her and prayer. [4:10:28] She lost her mother last night. That's why she is not here. [4:10:33] Assistant City Manager Jackie, a report mayor, City Attorney Gualante. [4:10:39] The poor bit just wanted to express my condolences to our city manager. [4:10:45] Okay, with that we are adjourning in memory of Nikki Mullins. [4:10:48] Our next regular meeting will be held on Tuesday, September 15th at 6th with closed sessions starting [4:10:54] earlier than four, we are adjourned.