Aug 16, 2022 City Council Special Meeting

[00:00:09]

PLEASE

[ 5:00 P.M. - CONVENE MEETING / ROLL CALL]

THANK YOU.

UM, COMPLETE

[ PLEDGE OF ALLEGIANCE TO THE FLAG]

I PLEDGE ALLEGIANCE AND .

THANK YOU, SIR.

THE FIRST

[1. Adopt resolution adopting addendum to previously adopted Mitigated Negative Declaration and Mitigation Monitoring Reporting Program pursuant to California Environmental Quality Act and approve amendment to General Plan Amendment 21GPA01 for revised 2021-2029 6th Cycle Housing Element]

UH, THE ADOPTED HOUSING ELEMENT TOOK OVER 10 PUBLIC WORKSHOPS IN HEARINGS AND A NUMBER OF COMMUNICATIONS WITH ACD STAFF.

UH, FOLLOWING THE ADOPTION CITY FORWARDED THE HOUSING ELEMENT TO HCD FOR FORMAL REVIEW.

UH, STATUTORY REQUIREMENTS ALLOWS HCD TO REVIEW, UH, IN 60 DAYS FOR THE HOUSING ELEMENTS, UH, ON APRIL 11TH, 2022 DAY 60, UH, HCD SENT A LETTER TO THE CITY FINDING THAT THE ADOPTED HOUSING ELEMENT ADDRESSED MOST STATUTORY REQUIREMENTS.

UH, HOWEVER, THERE WERE ADDITIONAL REVISIONS THAT WERE NEEDED IN ORDER TO FULLY COMPLY WITH HOUSING LAW.

UH, THESE SECTIONS INCLUDED, UH, FURTHERING FAIR HOUSING, UH, MORE DETAILED AS NEEDED ON SEGREGATION, INTEGRATION, CONCENTRATED AREAS OF AFFLUENCE ACCESS TO OPPORTUNITY DISPROPORTIONATE HOUSING NEEDS AND DISPLACEMENT RISK AS WELL AS SITE INVENTORY TO DEMONSTRATE HOW THE ARENA SUPPORTS FAIR HOUSING, UH, CONTRIBUTING FACTORS FOR FAIR HOUSING ISSUES, UH, IDENTIFY A PRIORITIZE FACTORS THAT SIGNIFICANTLY CONTRIBUTE TO SEGREGATION, UH, RACIALLY OR ETHNIC, ETHNICALLY CONCENTRATED AREAS OF POVERTY, DISPARITIES, AND ACCESS TO OPPORTUNITY AND DISPROPORTIONATE HOUSING NEEDS AS WELL AS THE GOALS, ACTIONS, METRICS, AND MILESTONES, SOCIAL REVISIONS WERE NEEDED, UH, BASED ON THE REVISIONS THAT WERE DESCRIBED ABOVE, UH, ALTHOUGH THE CITY'S ADOPTED HOUSING ELEMENT DID CONTAIN A LOT OF THE INFORMATION THAT WAS REQUESTED BY ACD CITY STAFF DID WORK DILIGENTLY TO REVISE THE HOUSING ELEMENT TO ADDRESS HDDS COMMENTS ON THAT APRIL 11TH LETTER.

UH, DURING THOSE REVISIONS, WE DID RECEIVE ASSISTANCE FROM MICHAEL BAKER, A CONSULTING FIRM THAT WAS RETAINED BY SBC TA, UH, TO ASSIST SAN BERNARDINO COUNTY CITIES, UH, THROUGH THE HOUSING ELEMENT PROCESS.

UH, SEVERAL CONFERENCE CALLS, UH, WITH HCD, UH, OCCURRED DURING THAT PROCESS AS WELL, UH, TO REVIEW THE HOUSING ELEMENT TEXT.

AND THE PROCESS DID TAKE QUITE A BIT OF TIME AS HCD DID OFTEN DELAY THEIR REVIEWS AS WE SUBMIT IT TO THEM.

STAFF WAS INFORMED BY ACD DURING A CONFERENCE CALL ON WEDNESDAY, JULY 20TH, THAT THE CURRENT REVISED HOUSING ELEMENT MET THE STATUTORY REQUIREMENTS AND COULD MOVE FORWARD WITH FORMAL HCD REVIEW AND CITY COUNCIL ADOPTION, SENATE BILL 1 97, A, WHICH WAS ALONG THE WAY TO BILL FOR NOT OUR CITY, BUT AS WELL AS MANY SCAGS CITIES, UH, WAS ADOPTED ON JUNE 30TH, EXTENDED THE DEADLINE, UH, FOR JURISDICTIONS, UH, TO COMPLETE THE REZONING PROVIDED THAT THE HOUSING ELEMENT IS FOUND BY HTD INCOMPLIANCE, OCTOBER 15TH.

UH, THAT EXTENSION ALLOWS FOR AN ADDITIONAL THREE YEARS, UH, TO REZONE PROVIDED THAT WE ARE FOUND IN COMPLIANCE BY HCD BY OCTOBER 15TH.

UH, HCD REQUIRES THAT THE CITY SUBMIT THEIR APPROVED HOUSING ELEMENT BY AUGUST 15TH TO ALLOW FOR THE STATUTORY 60 DAY REVIEW.

UH, AS YOU ARE AWARE TODAY IS AUGUST 16TH.

SO HOPEFULLY IF ADOPTED TONIGHT, WE WILL BE SENDING THAT IMMEDIATELY.

FOLLOWING THIS MEETING, THE REVISED DRAFT HOUSING ELEMENT, UH, DOES NOT MODIFY THE RENA SITE INVENTORY OR DENSITY OF RENA UNITS PRESENTED IN FEBRUARY 8TH, ADOPTED HOUSING ELEMENT A DOES NOT MODIFY ANY ADOPTED HOUSING ELEMENT DEPENDENCIES.

AND THE MAJORITY OF THE CHANGES WERE INVOLVED

[00:05:01]

UH, IN ADDITION, HTD WANTED, UH, ADDITIONAL DETAIL AND COMMITMENTS ON THE CITY OWNED SHOPS TO SITE IN 2006, THE CITY OFFERED SHOPS TO SITE FOR SALE TO DESIGNATED ENTITIES PURSUANT TO THE PROCESS OF THE SURPLUS LAND ACT, UH, PURSUANT TO GOVERNMENT CODE SECTION 54, 2 3, 3, UH, REQUIREMENT ADOPTED IN 2015, UH, 15% OF THE SHOPS TO SITE, WHICH WAS APPROXIMATELY 112 UNITS MUST BE AFFORDABLE TO LOWER INCOME, BUT HOW I'M SORRY.

YES.

WHAT DOES AFFORDABLE TO LOWER INCOME MEAN? AS OPPOSED TO JUST AFFORDABLE HOUSING? UH, AFFORDABLE, LOWER INCOME IS THE SPECIFIC CATEGORIES THAT'S DESIGNATED BY FOR US, IT WOULD BE THE COUNTY OF SAN BERNARDINO.

SO THERE'S DIFFERENT RANGES OF WHAT'S CONSIDERED LOWER, A MODERATE OR ABOVE MODERATE INCOME.

SO THEY TAKE THOSE DIFFERENT LEVEL OF INCOME CATEGORIES.

ALL RIGHT, THANK YOU.

UH, THE HOUSING ELEMENT STATES THAT THE CITY WILL FOLLOW AN RFP PROCESS, UH, FOR THE SITES PLANNING AND DEVELOPMENT WITHIN THIS PLANNING PERIOD, UH, WHICH STATES A TARGET DATE FOR THE RFP TO BE SENT OUT AROUND DECEMBER, 2024.

YES.

TO BRIAN'S POINT ABOUT THE 112 UNITS MUST BE AFFORDABLE TO LOWER INCOME.

SO CAN WE GET MORE CLARIFICATION OF THE DEFINITION OF AFFORDABLE? HOW MANY OF THOSE HUNDRED 12 UNITS ARE AFFORDABLE? HOW MANY OF THOSE UNITS ARE LOWER INCOME? AND IT SAYS TO LOWER INCOME, LIKE IT'S A RANGE.

IS THERE ANOTHER CATEGORY IN BETWEEN IT? I THEY'RE, LOWER-INCOME KIND OF CLASSIFIES TWO DIFFERENT, UH, EITHER, UH, EXTREMELY LOW OR LOW.

UM, I DON'T HAVE THOSE EXACT NUMBERS FOR YOU RIGHT NOW.

WE CAN CERTAINLY BRING THEM BACK, UH, AS INFORMATIONAL ITEMS. UM, BUT THERE ARE TWO DIFFERENT CATEGORIES IN THE WHAT'S CONSIDERED LOWER ARENA.

SO THAT WOULD, IT WOULD BE CONSIDERED AFFORDABLE TO THOSE LOWER INCOME CATEGORIES, UH, IDENTIFIED AS WHAT SAN BERDINO COUNTY CONSIDERS, UH, LOWER INCOME HOUSEHOLDS.

OKAY.

AFFORDABLE TO LOWER INCOME.

I'M JUST, IT JUST SEEMS KIND OF, YEAH, IT MIGHT BE REDUNDANT AND I GUESS HE COULD SAY MORE, MORE OF AFFORDABLE, UH, OR YOU CAN JUST CONSIDER IT JUST LOWER-INCOME, UH, MICHAEL, THAT WOULD BE AN ADJUSTMENT ON THE RENTS THAT THEY WOULD PAY PER MONTH.

CORRECT? CORRECT.

IT'S HOW IT GETS ADJUSTED.

YUP.

OKAY.

AND SO, AND THEN BACK TO THE PORTION THAT WE HAVE A TARGET DATE OF AN RFP OF DECEMBER 20, 24.

SO THAT MEANS HCD IS ESSENTIALLY FORCING OUR HAND ON THAT SITE YES.

TO SELL IT.

YEAH.

AND WE CAN SELL IT AT MARKET VALUE OF 15% GOES TO LOW-INCOME.

YEAH.

AT 15% WOULD HAVE TO BE DEDICATED BASED ON THE SURPLUS LAND ACT THAT WAS ADOPTED IN 2015.

AND ELIZABETH, IF YOU HAVE ANY MORE INFORMATION REGARDING THAT TO SHARE.

YEAH.

IT WOULD JUST BE A REQUIREMENT.

SO AS PART OF THE RFP, THEY WOULD HAVE TO BE, UM, HOW SOME MARKETING IT AS 15% IS COMMITTED.

SO IT WOULD BE A COVENANT ON THE PROPERTY THAT WOULD KEEP IT THAT WAY FOR 55 YEARS.

OKAY.

MICHAEL, A QUESTION, IF THE 112 UNITS REPRESENTS 15% OF THE UNITS THAT ARE THERE ON THAT SITE, WE TALKING ABOUT 800 UNITS THAT ARE PARKED ON THAT SITE.

THAT'S THE RIGHT MAN.

744.

SO THE 15% OF THE 7 44.

OKAY.

AND THEN THERE WOULD BE A RANGE BASICALLY THAT THE COUNTY'S DICTATED AS FAR AS THESE INCOME RANGE, MOSTLY BY, BY, UH, THE CITY OF SAN BERNARDINO AND HIGHLAND AND THAT GENERAL AREA, ISN'T THAT TRUE? AND THAT'S WHY IN THE PAST, THIS NEVER REALLY, WE'VE NEVER BEEN ABLE TO MEET THOSE NUMBERS BECAUSE WE'RE THE HIGHEST MEDIAN INCOME IN THE ENTIRE COUNTY.

SO IT'S KIND OF A CATCH 22.

WHAT DO YOU DO? WE WERE REQUIRED TO BUILD THEM, BUT WHO'S GOING TO BUILD THEM.

AND OF COURSE, WE'VE GOT THE, THE, UH, PAYMENT AND LIEU TAX THAT WAS PUT ASIDE THE LONG TIME AGO, UH, THAT CONTINUES TO BE COLLECTED AS FAR AS I'M AWARE, WHO IS THAT? RIGHT, RIGHT, BETH, YES.

IT'S COLLECTED.

SO IN THIS CASE, WE ACTUALLY HAVE THE PROPERTY.

SO WE MAKE IT, UH, A CONDITION OF PURCHASE.

SO WE IN EFFECT ARE FUNDING THAT BECAUSE WE'RE SELLING IT FOR A LOWER PRICE BECAUSE THEY HAVE TO MAKE 15% OF THEM AFFORDABLE.

SO THIS IS HOW IT WILL GET FUNDED.

SO, I MEAN, THAT'S ARGUABLY A, YOU KNOW, A GIFT IT'S A ARGUABLY A STATE MANDATE BECAUSE THEY'RE TAKING OUR PROPERTY AND MAKING US PUT 15% OF THEM AT AN AFFORDABLE PRICE.

AND THE DEVELOPER WILL, YOU KNOW, FACTOR THAT IN WHEN THEY GIVE US AN OFFER ON THE PROPERTY.

SO SINCE IT'S REDUCING OUR POTENTIAL SALES PRICE, ISN'T THAT SOME SORT OF A, A PUBLIC TAKING OR SOMETHING, ISN'T THERE SOME ISSUES THERE, BUT OBVIOUSLY IT'S KIND OF REVERSE OF EMINENT DOMAIN SITUATION.

BUT I MEAN, IS THERE ANYTHING WE CAN DO ON THAT REVERSE,

[00:10:01]

UNFORTUNATELY DON'T HAVE THE RIGHT.

WE DON'T, WE AREN'T, UH, AN ENTITY THAT IS PROTECTED UNDER, UM, THE, YOU KNOW, THE CONDEMNATION LAWS.

SO WE CAN'T THAT'S, THE STATE CAN TAKE THINGS AWAY FROM US, BUT FORTUNATELY, YOU KNOW, 20, 30 YEARS AGO THEY PASSED THE LAW THAT SAYS THEY STATE.

IF THEY, IF THEY TAKE SOMETHING AWAY FROM US, THEN THERE'S A COMMISSION ON STATE MANDATES THAT WE CAN GO TO, THAT WE CAN SEEK COMPENSATION FOR.

SO WE'D HAVE TO PROVE IT UP.

AND OF COURSE IT'S THEIR ADMINISTRATIVE LAW JUDGES.

SO IT'S NOT EXACTLY THE, YOU KNOW, IT DOESN'T ALWAYS SEEM LIKE IT'S THE FAIREST COURT WHEN YOU'RE A PUBLIC ENTITY, BUT ULTIMATELY IF WE CAN PROVE THAT THEY'VE TAKEN VALUE AWAY FROM OUR PROPERTY, WE MIGHT BE ABLE TO, TO MAKE A CLAIM FOR THAT.

BUT REGARDLESS, THIS IS WHAT THE STATUTE SAYS, AND THAT'S WHAT IT'S GOING TO REQUIRE OF US.

YEAH.

I MEAN, THESE NUMBERS ARE SO SIMPLE LOOKING WHEN YOU GET BEHIND IT AND YOU START THINKING, OKAY, THIS REPRESENTS OVER 700 UNITS AND MANDATES THAT, THAT WE PROVIDE THAT.

YEAH.

IT'S A, IT'S A LOT OF MONEY.

IT'S A LOT OF MONEY THAT'S FOR SURE.

PATH.

ARE WE ABLE TO DICTATE WHAT TYPE OF CATEGORY LOWER INCOME COULD NECESSARILY BE LIKE GEARED TOWARDS DISABLED VETERANS OR ANY OF THAT TYPE OF STUFF? OR IS IT JUST PEOPLE THAT FALL WITHIN THAT BAND OF INCOME? YEAH.

THEY SPECIFICALLY REFERENCED CERTAIN HEALTH AND SAFETY CODE SECTION.

SO THEY'RE VERY CLEAR ON WHAT TYPE OF LOWER INCOME AND THE AMOUNTS AND EVERYTHING.

COULD WE GO BEYOND THAT AND SAY, VETERANS, POSSIBLY WE'D NEED TO LOOK AT THAT, BUT THAT IS A POSSIBILITY WE COULD LOOK AT.

YEAH.

I'M SURE WE'VE GOT BELINDA THAT, UH, YEAH.

AND THAT'S WHAT WAS MAKING ME THINK ABOUT IT IS YOU CAN AT LEAST WITH THOSE TYPES OF AFFORDABLE HOUSING PROJECTS, BUT YEAH.

I DIDN'T KNOW HOW IT WOULD WORK, BUT WE'VE GOT TILL 22.

YEAH.

THAT PROJECT SET ASIDE 20% OF THE UNITS TWO YEARS, WHICH WOULD BE PREFERENCED TO, UH, VETERANS.

SO YEAH, IT'D BE PERFECT.

MICHAEL, ON THIS SITE TOO AT ELSE.

IT COULD BE MIXED USE TOO.

SO NOT, IT'S JUST NOT JUST APARTMENTS.

WE CAN ACTUALLY GO WITH MIXED USE TOO AT THE SITE, CORRECT SHOPS CURRENTLY IT'S ENTITLED FOR MIXED USE RIGHT NOW, BUT WITH WHAT THIS HOUSING ELEMENTS, P 744 UNITS CAN BE DIFFICULT TO DO MIXED USE, BUT IT CERTAINLY HAS THE POTENTIAL.

AND THEN RIGHT NOW THERE IS A REFORM RENA REFORM THAT'S MOVING THROUGH RIGHT NOW.

WE'RE AWARE OF THAT.

CORRECT.

OR THIS COULD CHANGE.

YEAH.

WE ARE AWARE OF THAT.

YES.

UM, WE'RE NOT SURE HOW MUCH IT'S PROGRESSED, BUT YES.

OKAY.

AND WILLIAMS TO REMEMBER ON THAT MIXED USE, WHEN WE WERE LOOKING AT THIS, INITIALLY THE HIGHEST NUMBER I EVER HEARD WAS LIKE 224 UNITS WITH ABOUT 40,000 SQUARE FEET OF ADDITIONAL RETAIL.

SO THAT WAS THE MIXED USE.

BUT IF YOU, YOU KNOW, IF YOU'RE PARKING 700 PLUS UNITS THERE, I MEAN, THERE GOES THERE ANY, AND THE OTHER RETAIL WHEN YOU PUT THEM ALL RIGHT.

IN FACT, IT WAS REDUCED BY OPUS WEST, BEFORE EVERYTHING IMPLODED DOWN TO A LOWER NUMBER THAN THE 234 UNITS OR WHATEVER WAS THERE.

YEAH.

YEAH.

BECAUSE NOW I THINK IT WAS SITTING AT ONE POINT AT 1 25 AND IF HE'D GO 200 PLUS, NOW YOU'RE TALKING ABOUT SUBTERRANEAN PARKING THREE AND FOUR STORIES, AT LEAST.

SO, YEAH, IT'S A, WE'VE GOT SOME PHYSICAL CONSTRAINTS WITH THAT, UH, THAT PIECE OF PROPERTY, CERTAINLY.

OKAY.

AS REQUIRED BY AB TWO 15, THE REVISED STRAP HAS ANIMAL.

IT WAS POSTED ON THE CITY'S WEBSITE, ANY LINK EMAIL TO ALL INDIVIDUALS AND ORGANIZATIONS THAT HAVE PREVIOUSLY REQUESTED NOTICES, UH, RELATED TO THE LOCAL GOVERNMENT'S HOUSING ELEMENT, UH, ON JULY 20TH, JULY 27TH.

UM, THE BILL ALSO REQUIRES THAT THE HOUSING ELEMENT MUST BE POSTED FOR AT LEAST SEVEN DAYS BEFORE SUBMITTING A DRAFT REVISION TO HCD.

UH, THE SEVEN DAY PERIOD DID END ON AUGUST 4TH AND WE RECEIVED A FEW COMMENTS, UH, DURING THAT PERIOD, UH, FOLLOWING, UH, AUGUST 4TH, WE HAD SUBMITTED TO HCD FOR OUR PRELIMINARY, UH, COMPLIANCE REVIEW.

AND ON AUGUST 8TH, WE CITY RECEIVED A LETTER FROM HCD STATING THAT THE REVISED DRAFT HOUSING ELEMENT MEETS ALL THE STATUTORY REQUIREMENTS FOR THE STATE HOUSING LAW AND WILL COMPLY WITH THE HOUSING LAW PROVIDED WE SUBMIT A ADOPTED A HOUSING ELEMENT AND THERE A REVIEW AND APPROVAL ON AUGUST 4TH, THE PLANNING COMMISSION HELD A SPECIAL MEETING AND CONDUCTED A PUBLIC HEARING TO CONSIDER THE REVISED DRAFT HOUSING ELEMENT.

THE PLANNING COMMISSION ACKNOWLEDGED THE AMOUNT OF TIME AND EFFORT THE CITY HAS EXTENDED ON PREPARING FOR THE HOUSING ELEMENT AND VOTED FOUR TO ZERO WITH ONE COMMISSIONER ABSENT, A TO RECOMMEND THE APPROVAL OF THE M AND D ADDENDUM AND HOUSING ELEMENT TO CITY COUNCIL, UH, FOR THE NEXT STEPS, SHOULD CITY COUNCIL APPROVE AND ADOPT THE HOUSING ELEMENT TONIGHT, A STAFF WILL QUICKLY FILE WITH HCD REQUESTING

[00:15:01]

PRIOR TO THAT OCTOBER 15TH DEADLINE, UH, BEFORE I MAKE A STAFF'S RECOMMENDATION, I DO WANT TO NOTE THAT I, UM, WAS ADVISED THERE WAS A SLIGHT REVISION TO THE REZO TITLE, UM, THAT WAS MADE PRIOR TO THE MEETING WITH THAT STAFF RECOMMENDS A CITY COUNCIL TO ADOPT AN ADDENDUM TO THEIR PREVIOUSLY ADOPTED M N D A AND MITIGATION MONITORING REPORTING PROGRAM, PURSUANT TO AND APPROVING THE AMENDMENT TO GENERAL PLAN AMENDMENT 21 GPA OH ONE FOR THE REVISED CHINO HILLS, 2021 TO 20 29 6 CYCLE HOUSING ELEMENT.

I CONCLUDE MY PRESENTATION.

I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE JUST FOR CLARIFICATION, MICHAEL, CAN YOU, UM, LET THE PUBLIC KNOW WHAT HCD STANDS FOR SINCE WE REFERENCED IT? YOU MIGHT'VE ALREADY SAID IT, BUT YES.

HOUSING COMMUNITY DEVELOPMENT STATE DEPARTMENT, THE DEPARTMENT THAT IS DICTATING THIS AND GAVE THE COMMENTS BACK.

OKAY.

NO QUESTION RIGHT NOW, NOT JUST BETH.

MAYBE IF YOU WOULDN'T MIND MAYBE TOUCHING ON IT.

I THOUGHT I HAD HEARD THAT CITIES THAT DIDN'T GO THROUGH THIS PROCESS MIGHT BE SUBJECT TO THE STATE HAVING IT ESSENTIALLY, UH, BE HAVING DEVELOPMENT, UH, BY RIGHT.

YOU KNOW, MOVING FORWARD IF YOU DIDN'T PLAY BALL AND CORRECT.

YES, YES.

THERE ARE A NUMBER OF PENALTIES.

THAT'S ONE OF THEM.

I MEAN, THEY RUN THE GAMUT AND THEY'RE PROGRESSIVELY WORSE.

THEY, IT CAN BE TO THE POINT WHERE THEY ACTUALLY THINK THAT THEY, THEY HAVE A PROCESS IN THERE TO TAKE OVER THE PROPERTY AND BASICALLY PUT IT INTO RECEIVER'S HANDS AND TAKE HIM FROM US.

SO YEAH, THEY'VE WRITTEN JUST, THEY'VE TRIED TO SEW UP EVERY POSSIBLE WAY TO MAKE US NEIL AND TO WITHHOLD TAX PAYMENTS AND STUFF LIKE THAT.

OR EVEN RENTS.

YEAH.

I MEAN, GRANT FUNDING, ALL SORTS OF THINGS.

I MEAN, IT PROGRESSIVELY GETS WORSE, BUT YES, THOSE ARE ALL ON THE TABLE.

THANK YOU.

YEAH.

JUST TWO THINGS REAL FAST.

UM, SB NINE AND AND JUNIOR 80 YEARS OF THAT'S BY, RIGHT.

SO THAT'S WHAT WE'RE CONCERNED ABOUT.

THIS IS HAPPENING TODAY IN OUR CITY.

SO IF SOMEBODY WANTS TO DIVIDE, SUB-DIVIDE ONE PIECE OF PROPERTY, RESIDENTIAL PROPERTY TO TWO PARCELS BUILT TWO DUPLEXES OR FOUR UNITS, THEY CAN DO IT.

WE HAVE NOTHING REALLY TO SAY ABOUT IT.

SO YES.

AM I CONCERNED THAT IF WE DON'T COMPLY, THIS COULD HAPPEN TO US EVEN FURTHER, IT'D BE BIGGER PROBLEMS. SO, SO JUST TO CONCERN THAT I DO HAVE, AND I JUST WANT TO SAY THANK YOU.

BUT I WOULD LIKE FOR US TO STAY ON TOP OF THAT ARENA REFORM BECAUSE HOPEFULLY, MAYBE SOME OF THESE THINGS WILL CHANGE IN THE FUTURE.

SO AT THIS TIME I'D LIKE TO OPEN UP A PUBLIC HEARING I'M TRYING TO GET IN AND WANTED TO MAKE SURE.

OKAY.

SO LIKE OPEN THE PUBLIC HEARING.

DO YOU HAVE ANY PUBLIC COMMENTS ON THIS? I HAVE NOT RECEIVED ANY SPEAKER CARDS OR IS THERE ANYBODY IN THE AUDIENCE WHO WISHES TO SPEAK ON THIS ITEM? IS THERE ANYBODY OUT THERE WISHING TO SPEAK ON IT? I'M GOING TO CLOSE PUBLIC HEARING.

I'LL BRING IT BACK TO US.

IS THERE ANY OTHER THINGS THAT YOU'D LIKE TO, WELL, JUST TO FOLLOW UP ON WHAT YOU WERE JUST SAYING A MOMENT AGO, THE SAD THING ABOUT THIS IS THE STATE IS USURPING OUR PLANNING ABILITY OR OUR PLANNING POWERS, IF YOU WILL.

UH, WHEN WE REALLY HAVE NO RIGHT TO PLAN PROPERLY FOR DEVELOPMENT WITHIN THE CITY, UH, AND IT'S NOW BEING FORCED UPON US, UH, THAT'S JUST INHERENTLY WRONG.

UH, I DON'T KNOW HOW YOU STOP THE SPEEDING TRAIN CAUSE IT'S, IT'S GOING, IT'S NOT, IT'S JUST GATHERING STEAM, YOU KNOW, STEAM AND IT'S, UH, IT'S GONNA JUST RUN OVER EVERYBODY.

BUT YOU KNOW, WHEN WE TALK ABOUT POTENTIAL TAKING OF PROPERTY, WE DON'T OWN ALL OF THE PROPERTY THAT WE HAVE UNITS ON PARKED ON.

CAN THEY GO IN AND TAKE INDIVIDUAL PROPERTIES, UH, AS A PENALTY QUESTION FOR BREATH? NO, THEY WOULD HAVE TO PAY JUST COMPENSATION.

SO THE STATE CAN'T DO THAT.

THEY CAN JUST REQUIRE ALL THAT THEY CAN REQUIRE OF US IS THAT WE, UM, THAT WE ZONE THINGS PROPERLY IN, YOU KNOW, IN GENERAL PLANET AND, AND HAVE ALL SORTS OF ZONING REGULATIONS THAT MAKE THIS POSSIBLE, BUT THEY CAN'T MAKE US MAKE PROPERTY OWNERS SELL WITH OUR OWN PROPERTY.

THEY ARE MAKING THESE REQUIREMENTS, BUT NOT WITH PRIVATE PROPERTY.

SO THERE HAS TO BE INCENTIVES.

BUT PART OF THIS PLAN WAS TO INCENTIVIZE PRIVATE PROPERTY OWNERS TO DO THIS.

SO, SO PART OF THE PLAN, THEY WANTED REALISTIC PLANS.

THEY MADE STAFF, YOU KNOW, DRILL DOWN AND HOW IS THIS POSSIBLE? HOW DO WE MAKE IT FEASIBLE? AND IF THEY PROPOSE SOME PROJECT THAT THEY DIDN'T THINK WOULD GET OFF THE GROUND, THEN THEY CAME BACK AND MADE COMMENTS AND SAID, MAKE IT, YOU KNOW, MAKE IT MORE INCENTIVIZED FOR THEM TO DO IT.

SO THAT'S KIND OF HOW THE PROCESS HAS WORKED.

OKAY.

NOW, A QUESTION THAT OBVIOUSLY THIS IS A HYPOTHETICAL.

IF THERE WERE ANY CHUNK OF LAND WITHIN THE CITY THAT WE FELT AS A CITY, WE NEEDED

[00:20:01]

AND THAT'S SOMETHING I WOULD LIKE TO RESPOND WITH AN ATTORNEY, CLIENT PRIVILEGE MEMO.

MAYBE THE STATE WILL LET US BUILD ON THE PARCELS DOWN INSTEAD OF MAKING US BUILD ON OUR OWN STATE PARK, STATE PARK.

THAT JUST KIDDING.

I DON'T WANT TO BUILD ON THE PARK.

LIKE I SAY, ANY, ANY CHUNK OF LAND.

THAT'S WHAT I'M TALKING ABOUT.

YOU KNOW, OBVIOUSLY WE KNOW WE CAN'T ACQUIRE PROPERTY UNDER EMINENT FOR COMMERCIAL DEVELOPMENT, BUT I DON'T THINK THAT THE LAW NECESSARILY ADDRESSES FOR STATE MANDATED HOUSING.

SO IT'S JUST SOMETHING THAT, I MEAN, WE MAY GET FORCED INTO SOMETHING LIKE THAT.

I MEAN, WHAT DO YOU DO? YOU CAN'T BUILD WHERE THERE'S NO LAND AND, UH, YEAH, THIS, THIS IS, IT'S JUST AN UNREASONABLE MANDATE.

WE KNOW THERE'S A HOUSING PROBLEM AT STATEWIDE, BUT THEN THE PROBLEM IS IT GOES BEYOND THAT BECAUSE WHEN THEY DO FINALLY BUILD THE HOUSING, WHO'S GOING TO BE ABLE TO AFFORD IT.

THE VERY PEOPLE THAT WE'RE SUPPOSED TO BE PROTECTING OR TRYING TO HELP OUT THE LOW TO MODERATE INCOME HOUSING PEOPLE, WILL THEY EVEN BE ABLE TO AFFORD SOMETHING AT THAT POINT IN TIME? SO THIS IS JUST, IT'S A BIG PROBLEM, BUT WE'VE BEEN FIGHTING WITH THIS REHASHING, THIS, THE SAME STATEMENTS FOR THE LAST YEAR OR YEAR AND A HALF.

THE FRUSTRATIONS FROM THE CITY COUNCIL IS IN CITY HOOD, TO BE HONEST WITH YOU.

AND THAT, THAT'S THE ONLY REASON I BROUGHT THIS UP.

NOW IT'S IT'S TOUCHY, BUT YOU KNOW WHAT? WE GOTTA, WE GOTTA ADDRESS THE ELEPHANT IN THE ROOM.

I MEAN, THIS IS A PROBLEM THAT WE CAN'T JUST SIT DOWN AND SAY, OKAY, HERE'S THE PLAN WE'RE GOING TO RESOLVE IT.

IT'S ALMOST AN UNRESOLVABLE AT THIS POINT, GIVEN THE CONSTRAINTS THAT WE HAVE.

SO JUST WANTED TO THROW THAT OUT.

I MADE A COMMENT SEVERAL, MAYBE HALF A YEAR AGO THAT WE'RE VOTING FOR THE WRONG PEOPLE TO REPRESENT US IN THE STATE OF CALIFORNIA FOR, TO TAKE AWAY ALL OF OUR, UH, MANY OF OUR ABILITIES TO MAKE OUR OWN DECISIONS AS A CITY.

CYNTHIA, ANY COMMENTS, RYAN, ANY OTHER? NO, SIR.

PETER, WHEN WE VOTE, IS THERE A RELUCTANTLY BUTTON ON HERE THAT WILL GRADUALLY GRADUALLY LINK? NO, I GOT A COUPLE OF QUESTIONS.

FIRST OF ALL, SINCE SHOPS IS OWNED BY US AND WE DO HAVE AN INTEREST IN TRESTLE MODELS, JPA, WOULD THAT BE AFFECTED? WELL, THE SHOPS, WELL, FIRST OF ALL, CHOPS TO JUST, UH, SHOPS TO IS OWNED BY US.

UM, BUT GOING BACK TO TRACE, OUR MOTTOS IS TRANSFER IS AFFECTED.

SO IN THIS REVISION, WE ARE NOT DOING ANYTHING TO TRACE HARM ON US TO CHANGE IT.

RIGHT NOW, THERE ARE UNITS ON TRACER MODELS FROM PREVIOUS, UM, DEVELOPS, BUT THIS ONE DOES NOT SPECIFICALLY DEAL WITH IT.

PLUS SINCE IT'S OWNED BY THE, UM, JPA, IT DOESN'T HAVE THE SAME SORT OF, UM, REQUIREMENTS THAT WE HAVE ON OUR SHOPS TO SITE.

WELL, IT'S A GYM, I JUST, WHATEVER WE NEED TO DO TO PROTECT IT, FOR SURE WE NEEDED TO DO THAT.

I JUST WANT TO SAY A COUPLE OF THINGS REGARDING STAFF.

I MEAN, THIS HAS BEEN A LONG PROCESS.

UH, I KNOW I'VE BEEN GOING TO MEETINGS PROBABLY THREE YEARS AGO AND I KNOW JOANNE HAS ALSO, THIS WAS A LOT OF WORK DEALING WITH THE STATE OF CALIFORNIA HAS BEEN VERY DIFFICULT AND I JUST WANT TO COMMIT YOU AND YOUR STAFF, MICHAEL, FOR DOING A TREMENDOUS JOB.

AND I GUESS WE'RE LIKE THE THIRD CITY IN SANDBURG, SAN BERNARDINO COUNTY WITH AN APPROVED, UH, HOUSING ELEMENTS.

SO CONGRATULATIONS.

SO AT THIS TIME, LIKE TO HAVE A MOTION AND A SECOND, I KNOW WE DON'T WANT TO DO THIS, BUT UH, I'LL MOVE THE ITEM.

I'LL SECOND.

ANY FURTHER DISCUSSION CALL FOR A VOTE? RELUCTANTLY MOTION PASSES FIVE ZERO.

OKAY.

JUST SO THE PUBLIC KNOWS WE DID NOT WANT TO DO THIS.

IT JUST SAID OUR HANDS ARE TIED.

SO WE LOVE OUR CITY AND WE ACTUALLY VOTED BACK IN THE MIDDLE OF THE 1990S TO LOWER DENSITY.

AND SO WE GET FRUSTRATED.

SO ENOUGH OF THAT, UM, DO WE HAVE ANY PUBLIC COMMENTS FOR THE MEETING ITSELF? I KNOW THERE'S NOT A SECTION.

DID WE FORGET? NO, I HAVE NOT HAD ANY PUBLIC COMMENTS SUBMITTED TO OUR OFFICE.

DID YOU HAVE ANY ADDITIONAL PUBLIC COMMENTS SUBMITTED? DOES ANYBODY IN THE AUDIENCE WISH TO SAY ANYTHING? I SEE A YOUNG MAN HERE.

WOULD YOU LIKE TO SAY ANYTHING, SIR? NO.

LOOK AT THE EXTRA POINTS.

LET THEM BACK HERE.

OKAY.

REPORTER ANYTHING.

OKAY.

MOVING ALONG.

I JUST GOT THE LOOK, I'M SORRY.

UM, AT THIS TIME, UH, I'D LIKE TO JOIN THE MEETING.

AND BEFORE I GO INTO THIS, THERE'S A VERY SPECIAL LADY THAT I'VE KNOWN PROBABLY FOR ABOUT EIGHT YEARS.

SHE WAS A COUNCIL

[00:25:01]

HER NAME'S CARB, CARMEN RAMIREZ.

SO WHAT I'D LIKE TO DO IS ADJOURN IN MEMORY OF VENTURA COUNTY, SUPERVISOR, CARMEN, RAMIREZ, WHO PASSED AWAY AT 73 YEARS OLD ON AUGUST THE 12TH, CARMEN WAS A DEDICATED PUBLIC SERVANT WHO SERVED HER COMMUNITY FOR OVER 40 YEARS SINCE 1970.

SHE WAS PREVIOUSLY AN OXNARD CITY COUNCIL MEMBER FOR 10 YEARS BEFORE BEGINNING YOUR TERM OF SUPERVISOR IN 2021 PRIOR TO BE HER BEING ELECTED TO COUNCIL IN 2010, SHE WORKED AS A LONG TIME LEGAL AID ATTORNEY SERVICE LOW-INCOME COMMUNITIES OF MATURER COUNTY AS SUPERVISOR.

SHE REPRESENTED THE COMMUNITY WITH THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS AND WERE SCAG THOSE A NEW CARMEN KNOW HER, JUST HOW PASSIONATE SHE WAS ABOUT PUBLIC SERVICE AND MAKING HER COMMUNITY A BETTER PLACE.

SHE TOUCHED MANY LIVES DURING IMPRESSIVE LEGAL AND ELECTED CAREER.

WE EXPAND HER DEEPEST SYMPATHIES TO HER HUSBAND, ROY AND HER FAMILY.

CINDY, I KNOW YOU KNEW HER.

WOULD YOU LIKE TO SAY ANYTHING? I THINK THAT CARMEN, SHE WAS JUST A VERY KIND PERSON.

UM, SHE WAS WILLING TO SHARE HER EXPERTISE AND KNOWLEDGE WITH NEW COUNCIL MEMBERS.

UM, SO SHE LIKED TO MENTOR EVERYBODY AND JUST VERY KIND.

AND IT WAS A VERY SUDDEN SAID IN PASSING AND SHE'LL BE MISSED.

SHE WAS SO DEDICATED.

MATTER OF FACT, THE NIGHT THAT SHE LOST HER LIFE, SHE WAS GOING TO A CONCERT IN OXNARD AND SHE WAS RUNNING A LITTLE BIT LATE.

SO SHE PARKED HER CAR A LITTLE WAYS TO, SHE HAD TO WALK TO THE CONCERT AND AS SHE WAS CROSSING THE CROSSWALK, SHE GOT HIT BY A TRUCK, WHICH SHE WAS JUST AN AMAZING, AMAZING LADY.

SO, UM, REST IN PEACE, CARMEN.

AND AT THIS TIME THE MEETING'S ADJOURNED.

THANK YOU.