HomeMy WebLinkAbout110519 Agenda - Regular MeetingCity of
[diamond Bar
City Council Agenda
Tuesday, November 5, 2019
6.30 PM
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
CAROL HERRERA STEVE TYE
Mayor Mayor Pro-Tem
ANDREW CHOU
Council Member
City Manager Dan Fox •
RUTH M. LOW
Council Member
City Attorney David DeBerry •
NANCY A. LYONS
Council Member
City Clerk Kristina Santana
Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are
available for public inspection. If requested, the agenda will be made available in an alternative format to a person with
disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda
item, please contact the City Clerk at (909) 839-7010 during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar
requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at
a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting.
Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at
www.diamondbarca.gov
Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled
paper and encourages you to do the same.
DILL) Opp B�1R
DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and
are broadcast live on Spectrum Cable Channel 3 and Frontier ROS television Channel 47. You
are invited to attend and participate.
PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda during
the time the item is taken up by the Council. In addition, members of the public may, during the
Public Comment period address the Council on any Consent Calendar item or any matter not on
the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak
should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council
at the meeting should be submitted through the City Clerk.
Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise.
The Mayor may adjust this time limit depending on the number of people wishing to speak, the
complexity of the matter, the length of the agenda, the hour and any other relevant
consideration. Speakers may address the Council only once on an agenda item, except during
public hearings, when the applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. Behavior that disrupts the orderly
conduct of the meeting may result in the speaker being removed from the Council chambers.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for regular City Council meetings are available 72 hours prior to the meeting and are
posted in the City's regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3,
Frontier ROS television Channel 47 and on the City's website at www.diamondbarca.gov. A full
agenda packet is available for review during the meeting, in the foyer just outside the Council
chambers. The City Council may take action on any item listed on the agenda.
ACCOMMODATIONS FOR THE DISABLED
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Computer access to agendas: www.diamondbarca.
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3.
THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON
SPECTRUM CABLE CHANNEL 3 AND FRONTIER FiOS TELEVISION
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AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION
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SATURDAY AND SUNDAY AT 9.00 A.M. AND ALTERNATE TUESDAYS AT
8.00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING
ON THE CITY'S WEB SITE AT WVWV.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
November 05, 2019
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
Next Resolution No. 2019-38
Next Ordinance No. 02(2019)
6.30 p.m.
Mayor
Pastor Joseph Lo
Chou, Low, Lyons, Mayor Pro Tern
Tye, Mayor Herrera
Mayor
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 PRESENTATION OF CERTIFICATE PLAQUE TO NEKTER JUICE BAR
(NEW BUSINESS OF THE MONTH), 1118 S. DIAMOND BAR BLVD.
1.2 PRESENTATION TO MAYOR HERRERA BY FOOTHILL TRANSIT IN
RECOGNITION OF BEING AWARDED THE 2019 AMERICAN PUBLIC
TRANSPORTATION ASSOCIATION OUTSTANDING PUBLIC
TRANSPORTATION BOARD MEMBER AWARD.
CITY MANAGER REPORTS AND RECOMMENDATIONS:
PUBLIC COMMENTS:
Written materials distributed to the City Council within 72 hours of the City Council meeting are
available for public inspection immediately upon distribution in the City Clerk's Office at 21810 Copley
Dr., Diamond Bar, California, during normal business hours.
NOVEMBER 5, 2019 PAGE 2
4
5.
91
"Public Comments" is the time reserved on each regular meeting agenda to
provide an opportunity for members of the public to directly address the Council
on Consent Calendar items or other matters of interest not on the agenda that
are within the subject matter jurisdiction of the Council. Although the City Council
values your comments, pursuant to the Brown Act, the Council generally cannot
take any action on items not listed on the posted agenda. Please complete a
Speaker's Card and give it to the City Clerk (completion of this form is voluntary).
There is a five-minute maximum time limit when addressing the City Council.
RESPONSE TO PUBLIC COMMENTS:
Under the Brown Act, members of the City Council may briefly respond to public
comments but no extended discussion and no action on such matters may take
place.
SCHEDULE OF FUTURE EVENTS:
5.1 Veterans Recognition — Thursday, November 7, 2019, 9-11 a.m.,
Diamond Bar Center, 1600 Grand Ave.
5.2 America Recycles Day — Saturday, November 16, 2019, AQMD
21865 Copley Dr. 9 a.m.- 2 p.m.
5.3 Regular Meeting of the Planning Commission — November 12, 2019,
6.30 p.m., Windmill Community Room, 21810 Copley Drive.
5.4 Regular Meeting of the Traffic and Transportation Commission —
November 14, 2019, 6.30 p.m., Windmill Community Room, 21810
Copley Drive.
5.5 Regular Meeting of the City Council — November 19, 2019, 6.30 p.m.
AQMD/Government Center Auditorium, 21865 Copley Drive.
CONSENT CALENDAR:
All items listed on the Consent Calendar are considered by the City Council to be
routine and will be acted on by a single motion unless a Council Member or
member of the public request otherwise, in which case, the item will be removed
for separate consideration.
6.1 MINUTES OF THE OCTOBER 8, 2019 SPECIAL JOINT MEETING OF
THE CITY COUNCIL AND PLANNING COMMISSION AND MINUTES OF
THE OCTOBER 15, 2019 STUDY SESSION AND REGULAR MEETING
OF THE CITY COUNCIL.
6.1.a Special Meeting of October 8, 2019
6.1.b Study Session of October 15, 2019
6.1.c Regular Meeting of October 15, 2019
NOVEMBER 5, 2019 PAGE 3
VA
Recommended Action: Approve the October 8, 2019 Special Joint
Meeting minutes, and the October 15, 2019 Study Session and Regular
Meeting minutes.
Requested by: City Clerk
6.2 CITY COUNCIL RECEIPT OF COMMISSION MINUTES.
6.2.a Planning Commission Minutes of July 23, 2019
6.2.b Planning Commission Minutes of September 10, 2019
6.2.c Planning Commission Minutes of September 24, 2019
6.2.d Traffic and Transportation Commission Minutes of August 8, 2019
6.2.e Traffic and Transportation Commission Minutes of September 12,
2019
Recommended Action: Receive and file the meeting minutes of the July
23, 2019, September 10, 2019 and September 24, 2019 Planning
Commission Regular Meetings, and the August 8, 2019 and September
12, 2019 Traffic and Transportation Commission Regular Meetings.
Requested by: City Clerk
6.3 RATIFICATION OF CHECK REGISTER DATED OCTOBER 10, 2019
THROUGH OCTOBER 30, 2019 TOTALING $1,139,677.10.
Recommended Action: Ratify the Check Register.
Requested by: Finance Department
6.4 TREASURER'S STATEMENT
Recommended Action: Approve the September 2019 Treasurer's
Statement.
Requested by: Finance Department
PUBLIC HEARING:
7.1 ORDINANCE NO. XX (2019) - AMENDMENTS TO DIAMOND BAR
MUNICIPAL CODE SECTIONS 2.32.040(G), 2.36.040(G) AND
2.40.040(G) REVISING COMMISSION MEETING TIMES.
Recommended Action: Open the public hearing, receive public testimony,
introduce first reading by title only, waive full reading of Ordinance No. XX
(2019) and schedule the second reading and adoption at the next
regularly scheduled City Council meeting.
Requested by: Parks & Recreation Department
8. COUNCIL CONSIDERATION: NONE
NOVEMBER 5, 2019 PAGE 4
9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
6.1
Agenda #: 6.1
Meeting Date: November 5, 2019
CITY COUNCIL AGENDA. REPORT
7,1
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: MINUTES OF THE OCTOBER 8, 2019 SPECIAL JOINT MEETING OF
THE CITY COUNCIL AND PLANNING COMMISSION AND MINUTES
OF THE OCTOBER 15, 2019 STUDY SESSION AND REGULAR
MEETING OF THE CITY COUNCIL.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the October 8, 2019 Special Joint Meeting minutes, and the October 15, 2019
Study Session and Regular Meeting minutes.
FINANCIAL IMPACT:
hil rem
BACKGROUND/DISCUSSION:
The minutes of the October 8, 2019 Special Joint Meeting of the City Council and
Planning Commission and the minutes of the Study Session and Regular City Council
meeting of October 15, 2019 have been prepared and are being presented for approval.
PREPARED BY:
ristina antana, City ler 11/5f2019
0 AT/ I ATM =1 of Wip
Attachments:
Packet Pg. 7
6.1
1. 6.1.a Special Meeting of October 8, 2019
2. 6.1.b Study Session of October 15, 2019
3. 6.1.c Regular Meeting of October 15, 2019
Packet Pg. 8
6.1.a
CITY OF DIAMOND BAR
MINUTES OF THE SPECIAL JOINT MEETING OF THE
CITY COUNCIL AND PLANNING COMMISSION
GENERAL PLAN 2040 UPDATE
OCTOBER 8, 2019
CALL TO ORDER: Mayor Herrera called the Special Meeting of the City Council
and Planning Commission to order at 6:00 p.m. in the City Hall Windmill Community Room,
21810 Copley Drive, Diamond Bar, CA 91765.
1. ROLL CALL:
Present:
Council Members: Andrew Chou, Ruth Low, Nancy Lyons, Mayor
Pro Tern Steve Tye, and Mayor Carol Herrera
Commissioners: Jennifer "Fred" Mahlke, Ken Mok, William
Rawlings, Vice Chair Frank Farago and Chair
Naila Barlas
Consultants: Steven Nelson, ESA Project Consultant and
Gina Kotos, Project Consultant, Dyett & Bhatia.
Also present: City Manager Dan Fox; Assistant City Manager
Ryan McLean; Assistant City Attorney James H.
Eggart; Community Development Director Greg
Gubman; Senior Planner Grace Lee; and City
Clerk Kristina Santana.
2. REVISED DRAFT GOAL AND POLICY LANGUAGE FOR THE GENERAL PLAN
2040 PUBLIC REVIEW DRAFT CHAPTERS 2 THROUGH 4:
CM/Fox provided a summary of some revised policies based upon comments made
at the September 25, 2019 workshop. Staff provided a redlined version of some of
the policies that were more policy -oriented as opposed to regulatory in nature. Staff
is seeking feedback and/or any additional revisions as this process moved forward.
CM/Fox referenced the packet of information from Lee Paulson, Responsible Land
Use, who is recommending that the original draft of the policies be adopted. Staff
recommends that the Council and Commission receive Public Comments on this
item and provide direction to staff.
Public Comments on Item 2 only:
Paul Sherwood stated that he served on the General Plan Advisory Committee
(GPAC). The 1995 General Plan Circulation Element, Section 4, addresses the
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OCTOBER 8, 2019
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need for an alternative travel corridor around the City of Diamond Bar to discourage
roadway traffic from using the city's streets for cut through purposes. This section
references a traffic corridor through Tonner Canyon which could run from the SR57
to Chino Hills Parkway and perhaps beyond. The roadway along this route would
do a great deal to alleviate the congestion. The vision of an alternative traffic
corridor to relieve traffic congestion was part of the 1995 plan and it is disappointing
to him that this vision and hope has not been made a part of the General Plan
Update. A roadway through Tonner Canyon would be a major help in relieving the
City's traffic congestion and while it would be a long-term project that would involve
multiple agencies and county authorities, the General Plan is designed to help the
City meet its long-term goals and needs. He encouraged the Council to continue
the effort and ultimately create the alternative corridor and include it in the General
Plan Update.
Melony Paulson stated that under the Brown Act, the Council is allowed to call any
speaker up to the podium after public comments have closed to answer any
questions the Council or Planning Commission might have that pertain to the
specific agenda topics and she respectfully requested that the Council consider
doing so during this and future General Plan meetings.
Lee Paulson said he understands there is concern that many of the policies were
regulatory in tone and written as directives. The General Plan language presented
to the Council and Commission was very carefully crafted and that the California
Governor's Office of Planning and Research is very clear about how General Plan
language should be written. While he respects concerns raised by the City Council,
mitigation of those concerns creates more problems than it solves because by
making all policy changes vague, non -measurable and unenforceable, several
things occur: 1) It gives City staff and especially the Planning Commission no clear
direction about how to guide the City during the coming 20 years; 2) it will destroy
the Draft General Plan's internal consistency; and 3) the language proposed will
make the General Plan inconsistent with the Draft Environment Impact Report
(DEIR). By taking away the mandatory measurable enforceable language of
important General Plan policies, important mitigations in the DEIR are also
destroyed. Chapter 10 of the OPR is clear on this topic. Responsible Land Use
has no political aspirations and the only desire of this group is to assist the creation
of the new General Plan and create the best possible future for the City. It is
possible to find common ground with the Council's concerns and do so without
compromising the integrity of what has been created. While it is impossible to give
the City's proposed language changes the thorough analysis it deserves in only two
days, members of Responsible Land Use offered their public comments to the
proposed language changes yesterday as a place to begin working toward common
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ground. We understand that time is of the essence in getting this plan concluded
and to that end, offer the following. The Brown Act allows the Council to call
speakers back up to the podium to answer questions any Council Member or
Commissioner may have about the documents that were provided this evening.
Another option is to perhaps look the other way and allow the staff to hire
Responsible Land Use as consultants to help provide revised language. Lastly, this
group heard the words "extremist environmental group" used from the dais last
meeting which suggests suspicion by some. And if this group had any malevolent
intentions, he guarantees there would not have been any documents from this group
presented to the Council yesterday.
Robin Smith, Chair, Diamond Bar Sierra Club, said that in December 2017 her
group received an urgent call for help from residents in The Country Estates near
the Millennium project. Bulldozers were in their back yard tearing out old -growth
oak trees and the residents were very distressed about it. She was instructed on
advice from the California Department of Fish and Wildlife (CDFW) to visit the site
with her team to determine if there was a permit for the grading and upon so doing,
discovered that the field boss did not have a permit and was not part of the
Millennium group. She wrote a letter to the CDFW official informing him of her
findings and copied the City. Shortly thereafter, the City issued a Cease and Desist
to halt the grading. Much later the CDFW sent out a team to inspect the site. She
was told that the grading could be done and oak woodland removal could be done
without permits because unfortunately, the language in the EIR for the Millennium
project was so vague and poorly written that it allowed loopholes for this type of
behavior. She referred to an environmental report a homeowner on Kicking Horse
Drive had done on their property. She said she has no political agenda and wants
to make sure Diamond Bar enjoys the best environmental protections and practices
possible. The trees that were taken out by the Millennium project created loss of
82,500,000 pounds of carbon sequestration per year for the community and that the
mitigation plan for Millennium was a complete failure. While these loses cannot be
"seen", they are true losses and she believes the City needs to do everything
possible to avoid such events in the future by including appropriate language.
Allen Wilson said that the GPAC put a lot of work into this document to make sure
the guidelines protect the community. The declining enrollment of the local school
districts needs to be addressed in the General Plan. He wants to be sure GPAC's
work and the public's input is not being diminished.
M/Herrera closed Public Comment on Agenda Item 2.
M/Herrera complimented staff on compiling the revised language for Chapters 2
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through 4 which she felt captured everything said and expressed by Council
Members and Commissioners.
C/Low asked if the redlined version in any way alters the intent of the General Plan
as initially presented.
CM/Fox said that staff does not believe that any of the policy intent is changed with
the changing of "require" to "ensure" or "encourage" because these are set up to
read as policy documents and not code requirements. Everything that comes out of
the General Plan has to go through an entitlement process. It has to come before
the Planning Commission and sometimes the City Council. There is an
environmental review that occurs, there are zoning codes that have to be looked at
for compliance, and there are Specific Plans that have to be crafted for some of the
new mixed -use areas which have been identified. In staff's opinion, those are the
places to put things like "to require", "to mandate" and so forth. Following the
update process, staff will begin the process of updating the City's Zoning Code and
other important documents and things that come out of the Zoning Code will be
reflective of the policies that are included in the General Plan document. Again,
staff does not believe that any of the intent of any of the policies have been watered
down to where staff does not understand the priorities of this community.
C/Low asked if the revised language lessened any of the protections to the City's
environment or open spaces.CM/Fox said he did not believe so. He reiterated that
the General Plan will now designate the City's open space as "green" on the map
which did not occur previously. Development in the canyons north of the Diamond
Bar Center that are currently open space will not happen. For the most part, what is
being designated development is infill development within the opportunity areas
discussed in the document — the Town Center, the Transit -Oriented Mixed -Use
area, potentially the golf course should the county decide to no longer operate a golf
course on that property, as well as small miscellaneous properties that were already
dedicated for development. No residential designations have been changed and all
of the open space has been incorporated reflective of past development patterns.
C/Low asked if the redlining had created any "internal inconsistency" within the plan
and CM/Fox said that staff does not believe it has. He said some of the language
has been changed to reflect policy language as opposed to mandate language. He
concluded that nothing is being changed and nothing is being added. In staff's
opinion, the document remains internally consistent and the Environmental Impact
Report mitigation measures continue to be self -mitigating.
C/Chou asked CM/Fox if he is saying that the proposed language does not change
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the spirit of what was originally intended by the General Plan and CM/Fox
responded "that's correct". C/Chou wanted to know why the language was being
changed. He said he was involved in the GPAC process and three years of
wordsmithing resulted in language that now is proposed to be revised. If the
proposed revisions do not change the intent of what was originally brought forward
by the GPAC, he does not see the revisions as necessary. He believes that this
runs the risk of unintentionally changing the spirit of what was decided by GPAC's
15 members' three years of work and because the Council and Commission have
been presented with a revision from Responsible Land Use we are obligated to look
through their revision to and compare it with this revision which ultimately goes back
to the version that was brought forward by GPAC and which to him, was intended to
be a finished product.
CM/Fox said the process is that the GPAC makes a recommendation to the
Planning Commission, the Planning Commission makes a recommendation to the
City Council, the body that ultimately has the responsibility to adopt the plan and the
City Council, and at any point in that process, changes, revisions, additions or
subtractions can be made. At each of those steps, the public has the ability to
comment and participate in the process. The GPAC spent a tremendous amount of
time crafting the 400 plus policies and the 111 plus goals. It involved a tremendous
amount of effort that few anticipated going into the process would be that detailed
and involved. Obviously, the public has provided a lot of input into that process as
well. The product that was presented to the City Council and Planning Commission
had a lot of "requirements" and he is of the belief that the General Plan cannot
require the City Council or Planning Commission to change the City's Zoning Code.
We can consider changing the Zoning Code and that, in and of itself, goes through
an entirely separate process. There will be give and take in that process, whether it
is related to parking standards, building heights or any other consideration. We
want to provide compatibility with neighborhoods in transition, particularly in the
mixed -use areas. We want to provide walkable neighborhoods. All of these policies
"suggest" that and we encourage that. Staff works very hard with whatever
developer comes in on private property to make sure the City gets the best quality
project possible and those projects go through the public process so there will be
some give and take. And there may be a situation where the City cannot come up
with one of these things and somebody will hold that against the City. And the
Planning Commission and/or Council will be asked to deny a project because it is
not consistent with the General Plan even though it may be a great project. That is
the concern that is out there. And the General Plan is a policy that everything falls
below. The plan includes strong language to "ensure", "to cooperate", "to work
with", and "to update" which will guide the direction of the next steps as the City
implements projects, Codes and Specific Plans for all of these areas. Again, in
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staff's opinion, it is not a "watering down" of any of the policies where it changes the
intent of what the GPAC and/or public have suggested. Everyone wants to make
sure that the wording throughout the policies is consistent. The other half of the
policies that were not changed already had these words in them and whether they
should be consistent throughout is a question for the Council and Planning
Commission to decide.
M/Herrera said that the GPAC does not create policy, the City Council creates
policy. The GPAC is an advisory committee to the Council and does not write policy
for the City. The GPAC has submitted what they are recommending and then the
City Council Members, who create policy, are making comments on what the GPAC
has submitted. And she believes that what staff has revised gets the document
where it needs to be while maintaining the original intent.
C/Lyons asked ACA/Eggart if anything that he has heard tonight or anything he has
seen in the revised language concerns him. ACA/Eggart said that he had no legal
concerns with the revised language and its merits. This is a policy question.
C/Mok said that as he went through the revisions for Chapters 2 through 4, he
focused on the verbs that were used such as, "require, collaborate, ensure, etc." and
if the purpose was to soften up the language, he believes the revisions were
successful in many areas. In some areas the same verbs were repeated including
"require and encourage" and in his view, when it says "require" it is saying that has
to be done and when "encouraging" is used, it is offered as a suggestion which
softens the language. Some were changed from "require" to "ensure" and "ensure"
seems to him to translate "to make sure" it happens and "require" seems to suggest
almost the same thing. One slight difference could be that "ensure" seems to
suggest enforcement whereas, "require" legislates. He asked for an explanation of
the difference between "ensure" and "require".
CM/Fox responded to C/Mok that "require" is a Code requirement — you shall do
this. There is no if, and, or but about it. You must comply with it. It is black and
white. "Ensure" that you do something, particularly if you want to ensure that
buildings face the street on a development site it can be designed a hundred
different ways and still get to the point of "ensuring" that it faces the street as
opposed to "requiring" that it face the street. You may not be able to get 100
percent of the project to face the street because it needs a driveway or it has a
courtyard and somebody might then say "no, you have to have 100 percent facing
the street" and that is what require means. So, this is an attempt to provide a little
bit of flexibility because we do not know what these projects will look like at this
point. But as one gets into the specifics when a development gets proposed, it is at
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that time that the City gets into areas where there are requirements when creating
that Specific Plan. We cannot always require a parking lot to be shielded from the
street. In a Town Center that would likely take away all of the angled parking and
the downtown character that you wanted to create in the first place. So, we want to
"encourage" them to screen the large parking fields. There may not be areas where
that is feasible based upon the logistics of how one develops a site. Again, it is
purely a policy decision based on the comfort level of the Planning Commission and
the City Council.
ACA/Eggart said that he has an appreciation for both sides of the discussion. The
General Plan needs to provide direction to those future leaders of the City. He
understands that the City wants to give guidance and direction without necessarily
legislating through this document. What he wants to make certain of though, is that
as we look at this language it is not inadvertently tying the hands of City officials and
particularly of the City Council. What he is referring to is that there is very strong
language, possibly language that is too strong that more closely resembles code
than policy language. By softening the language and by softening some of these
verbs, does it make it more difficult for the City, through its codes to actually
"require" something to be done? What he would like is for the City Council to have
some latitude in requiring certain standards to be met where now in the General
Plan the language is a little softer and whether that would create a problem for the
City Council in the future or could the codes be written as needed to be stronger or
weaker.
CDD/Gubman said that the language changes do not take away the ability to write
effective, tightly written, robust codes. The City has General Plan policies to stand
behind, and can be in a defensible position of authority to provide the basis for those
requirements. When the codes are updated they will then establish quantitative
criteria for development and staff will be able to make the finding that those code
regulations are consistent with the General Plan because we have a policy that
encourages that type of feature, or that type of character or mix of land uses, or
whatever that policy speaks to.
C/Mahlke said she loves really strong language and that one of the concerns she
had when they were going through the process of changing language during the last
meeting, was her feeling that Diamond Bar is not a City with open expanses. We
are not starting fresh here and if we look at the fact that we are largely built -out and
that we are doing infill, she is afraid that if the stronger language were adopted,
which she feels is enforceable by other means such as Zoning Codes and requiring
that new residential development be compatible with prevailing character, that would
happen at the Planning Commission level. Saying that we want to "ensure" that
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happens, allows the City to make some case -by -case decisions where pieces of
property that currently exist or layouts that currently exist where the City is working
with developers to fit mixed use developments, for example, might not meet what
would be "required" but would be allowed, with flexibility, to procced to fill in a
particular area with the most suitable and best possible project. She believes that if
this was a new City with a new General Plan and new buildout possibilities, that plan
should require everything the City wants long term. In this instance, she does not
believe that is realistic language for Diamond Bar to enforce, when the idea is to fill
in areas that have been vacant. Saying that we "promote" or "ensure" gives the
opportunity for other systems to be put in place a case -by -case basis and for the
City to look at what exists, and with that spirit in mind and the goals the GPAC
envisioned, say the City is going to do the best it can based on the best benefit of
what the City envisions with those seven ideas in mind of what the General Plan is
supposed to do. She believes there is some middle ground and believes it is a
mistake to leave that stronger language in the document because it immediately ties
the City's hands. She sees the revised language as a smart move to ensure that
the City can do what is best for the City.
Chair/Barlas said she agreed with her colleagues. She appreciates what the GPAC
accomplished with this document but eventually, it comes to the Planning
Commission and to the City Council whose members are more mature and aware of
what has happened and what is happening in the City. Her understanding of being
in real estate is that Zoning Codes and Development Codes take precedence and
the General Plan is an umbrella that defines what will be done in those areas. She
is hoping that once the General Plan process is completed that the City will move
forward to update its Zoning Code and Development Code.
CM/Fox said that these items are scheduled as part of Council's Strategic Plan and
as such, the City will begin updating the Zoning Code immediately following this
process, as well as entering into the next Housing Element cycle.
Chair/Barlas said that the Planning Commission will still be dealing with the current
Zoning Code in its decision -making process and asked if the process was correct
and whether ACA/Eggart felt there was a conflict between completing the General
Plan Update and getting the Zoning Code updated.
ACA/Eggart responded that the process the City has undertaken is a common
process that cities go through when they update their General Plans. They do the
General Plan first and after that, they update their Zoning Code consistent with that
General Plan. Generally, they are not done simultaneously.
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Chair/Barlas asked how the Planning Commission would render decisions once the
General Plan is completed and prior to updating the Zoning Code.
CM/Fox responded to Chair/Barlas that he did not believe there would be a large
conflict, particularly on the existing development community because nothing is
being changed. There will still be the same consideration for room additions, single
family residences, etc. There may be some modest additions to some of the
commercial buildings and the current Zoning Code will apply. Where the Planning
Commission may see something is in the Town Center if someone wanted to create
something which would trigger preparation of a Specific Plan. This is a zoning
process that establishes the unique set of development standards for whatever that
process becomes - incorporating mixed -use opportunities, pedestrian -oriented
development, and all of the good things that have been discussed that the
community desires. There is nothing currently on the drawing board and he does
not anticipate there will be much change or conflict, but as things come in staff will
deal with those issues.
MPT/Tye read from Merriam -Webster that "ensure" is to make sure, certain or safe
and "require" is to claim or ask for by right and authority, to call for a suitable or
appropriate, to demand as necessary or essential, have a compelling need for and
he believes it is critical that the language does box the City in. He reiterated that he
does not believe this document needed to be gone through. He thanked staff for all
of the effort, but he does believe it brings to mind what is meant with the word
"ensure" - encourage rather than require, promote rather than require, to promote
rather than to maintain — one can make an argument either way and he does not
believe this exercise was necessary but is now at this point and the City is not worse
for the effort. At the same time, it protects the Planning Commission and City
Council down the road.
Council Members and Planning Commissioners with C/Chou dissenting, concurred
that the language as revised was acceptable.
C/Chou reiterated his belief that the language drafted by GPAC after three years
should be adopted. He appreciates the comments made by his colleagues.
REVIEW OF THE GENERAL PLAN 2040 PUBLIC REVIEW DRAFT CHAPTERS 5
THROUGH 8, DRAFT CLIMATE ACTION PLAN AND DRAFT EIR
CCD/Gubman provided a brief overview of Chapters 5 through 7:
Chapter 5 — Resource Conservation
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This chapter sets forth the City's objectives to preserve its inventory of the public
and private natural open spaces. A primary means to achieve that objective is the
emphases on infill development, particularly through the new Mixed -Use Districts to
better ensure that the open space inventory is protected from future encroachment.
In addition, the Existing Conditions Report and other analysis verified and validated
that there are many rich ecological resources and the Resource Conservation
policies seek to promote these sources and protection of those linkages within the
City's natural open space areas and wherever else that objective can be achieved.
Other aspects of Resource Conservation include the City's water supply, water
quality, and air quality policies to comply with state and local expectations, as well
as cultural and archeological resources.
Chapter 6 — Public Facilities & Services
This chapter sets forth three objectives: 1) to maintain, expand and improve the
City's Parks and Recreation facilities; 2) continue to foster, nurture and perpetuate
the City's reputation and education facilities, and to do whatever possible to
enhance the learning opportunities in the City to the extent possible; and, 3) with
respect to infrastructure, public services and utilities, policies are included to ensure
that those basic needs are maintained, improved and adequate to meet current and
future needs for the City.
Chapter 7 — Public Safety
This chapter contains four (4) key objectives - Continue efforts to protect the
community from loss of life, physical injury, property damage and other
consequences of natural events such as earthquakes, floods, fires and any other
types of hazardous events that could put the City and its residents in peril were the
City to not prepare for such occasions.
This chapter acknowledges the City's successful collaboration with the Public Safety
Agencies including the Fire Department and the Sheriff's Department. The Contract
Cities business model for Diamond Bar has proven itself and the policies are to
continue to operate under this model. Related to the disaster planning is the City's
Emergency Preparedness, and the policies and goals in this chapter call for ongoing
training and preparation for any potential events that are likely to occur overtime;
and, to limit the City's exposure to excessive noise levels for which the policies
reference that, when there is new development, to ensure that the quality of life in
those new developments is protected by considering, among other things, existing
noise sources and how that development can be designated to mitigate those
effects.
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Chapter 8 — Community Health and Sustainability
Gina Kotos, Project Consultant, Dyett & Bhatia, stated that this chapter is focused
on promoting the welfare of all residents in Diamond Bar by improving the public
health and building resiliency to climate change, and addresses environmental
justice and provides policies to reduce existing and future health risks that may
disproportionately affect vulnerable communities within Diamond Bar. The policies
and goals within this element are tied to many of the other policies found throughout
the General Plan. For example, policies found within the Circulation Element that
promote active transportation, walking and bicycle opportunities can facilitate an
active and healthy lifestyle. Increasing availability and access to public parks can
create a strong community and social connectivity. Policies found in the Resource
Conservation Element can improve environmental conditions, reduce greenhouse
gases and ensure that the community is able to adapt to climate change and coming
risks.
Major objectives include a community health section supporting active and healthy
lifestyles, facilitating social connectivity, and promoting health equity and
environmental justice. Another part of this element focuses on sustainability and
anticipating how Diamond Bar might adapt to climate change through reducing
greenhouse gases which ties in to the Circulation Element that focuses on vehicle
miles traveled and different types of transportation. Other strategies include
reducing waste and focusing on recycling, energy efficiency and conservation in
public and private sectors.
Climate Action Plan
This plan is related to the goals found in the Community Health and Sustainability
Element, as well as the Resource Conservation Element. The Climate Action Plan
is created to address state mandates to reduce greenhouse gas emissions for2030
and 2050. The plan is broken up by establishing an existing regulatory framework
and using existing climate science methodology to estimate an inventory of
greenhouse gases for existing conditions for multiple sectors within Diamond Bar
and anticipating emissions under the General Plan. This plan finds that with
implementation of existing state regulations and new General Plan policies,
Diamond Bar will be capable of meeting the greenhouse gas reduction target
without requiring any additional reduction measures. The Climate Action Plan
provides additional recommended strategies should Diamond Bar choose to
implement them in the future, and serves as Diamond Bar's qualified greenhouse
gas reduction strategy. Because of the methodology and conclusions found in the
Climate Action Plan, this will streamline the process for approval of projects that are
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Environmental Impact Report
CDD/Gubman provided an overview of the EIR process during which there was no
discussion of specific findings or merits of the EIR because this document is
currently proceeding through the Public Comment period. When the Final EIR is
presented to the Council for Certification, the analysis and addressing of any
comments regarding the merits or adequacy of the EIR will be discussed during the
Public Hearing phase.
Organization of the DEIR
The EIR and CEQA in general was adopted as a means to inform the public of
potential environmental impacts of any contemplated action that a public agency
may take to approve or implement a project or program. It is primarily an
informational document that is intended to transparently disclose what those
potential impacts can be. Once the EIR identifies those potential impacts, the next
step is to identify ways to mitigate those impacts, to reduce them and if possible, to
reduce them below thresholds that are considered significant. If those measures
cannot entirely mitigate impacts to levels of non -significance, the EIR must plainly
disclose that and if the City Council is going to Certify the EIR and adopt the
General Plan and there are, at the end of this analysis, significant and unavoidable
impacts, the City Council must provide the reasons why there are overriding benefits
that warrant approval of the plan, even though not all of the impacts can be entirely
avoided.
For a General Plan, because it is a long-term policy document with a 20-year
horizon, the City must look at this document at a high level. Still, with this in mind,
the EIR looks at potential build -out and what the overall effects that implementing
the General Plan to build -out may create. As long as projects are consistent with
the General Plan, they will be subject to their own individual project -by -project
environmental review processes so that those more granular and more specific
impacts can be identified and disclosed and mitigation measures can be articulated
so that by the end of this process, if there are any significant unavoidable impacts,
the decision is made accordingly - such as, does the project give the City such a
benefit that the impacts that accompany the project are outweighed by those
benefits.
EIR Certification
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Public Review - A 45-day public review period began on September 16t" and runs
through October 31 st where the public can submit comments as to the adequacy of
the General Plan. After close of the public review period, staff will provide written
responses to all comments provided in the Draft EIR.
Final EIR — Comments and responses thereto are placed on top of the Draft EIR
and those volumes collectively become the Final EIR. Along with the Final EIR
(FEIR), for the decision to be rendered, the City is required to prepare a Mitigation
Monitoring and Reporting Program (MMRP) and with all of the mitigation measures
that are identified, triggers will be set forth to ensure that those impacts are being
mitigated in accordance with the requirements set forth in the EIR. Should this
conclude with a document that has significant unavoidable impacts, Findings of Fact
will be prepared to disclose that and weigh the costs and benefits of accepting those
impacts. And if the decision is that the benefits of a project outweigh those
unavoidable impacts, before approving the General Plan, a Statement of Overriding
Considerations needs to be adopted.
Planning Commission Hearing — when the Final EIR is completed, it must be
advertised made available for public review 10 days prior to the Planning
Commission Hearing with recommendations to the City Council whether to certify
the FEIR and adopt the General Plan and Climate Action Plan. Then it must be
advertised and made available for public review 10 days prior to the City Council
Public Hearing.
City Council Hearing — The culmination of this process is a Public Hearing where
the City Council will determine whether to certify the Final EIR and whether to adopt
the Statement of Overriding Considerations and, the City Council may adopt the
General Plan and Climate Action Plan.
Public Comments on Chapters 5 through 8:
Diego Tamayo has been working as a field surveyor for the Diamond Bar Sierra
Club Conservation Team. He is encouraged to see the City of Diamond Bar
implement stronger conservation policies that would greatly impact the community.
During the past three years he has uncovered very special findings and is realizing
that these different ecosystems and different species have more value than merely
visual value and provide an extremely important ecosystem service, including clean
water, clean air and places that allow all residents to thrive in a healthy environment.
These are known as natural climate solutions which are naturally developed by
nature at no cost and are provided without implementation. One oak tree can
sequester 55,000 pounds of carbon per year. Collectively, the hundreds (of oak
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trees) throughout the City provide a strong service. The Sierra Club teaches the
value of nature at the local level to encourage protection of natural resources.
Biodiversity is threatened because of climate change and other local threats. In
2018 the State of California adopted the California State Biodiversity Initiative, a
unique document which allowed the state to fully recognize that biodiversity is a
crucial resource that must be recognized, protected. At the local level, communities
need to make sure that the biodiversity initiative is acted on and recognized. He
looks forward to the City having a better sense of improving the policy to protect
nature and is encouraged by the progress made to date.
Douglas Barcon asked where Diamond Bar intends to potentially build 3122 multi-
family residential units and 142 single family residential units and how traffic would
be mitigated. Table ES-4 provides a summary of impacts and mitigation measures
in biological resources 3.3-1 on Page ES-1 and BI-O-1A and describes relocating
special status plant species to suitable habitats within surrounding public open
space or collecting seeds from the plants to allow a project to be developed. What
is considered an acceptable "surrounding public open space?" Is it miles away from
the proposed development site? Table ES-4, Section 3.3-2, Page ES-27, BIO-2,
states that a development applicant shall acquire mitigation land of similar habitat
off -site. Such a loose description would allow mitigation to be almost anywhere in
the state or country. BI-0-4 in regard to oak woodlands specifies that such
restoration should be located nearby to the impacted property. It does not state
"shall" or "must" be located nearby to the impacted property. Mitigation specifies the
same oak species, it does not specify the size or age of those replacement trees.
The same is true for walnut woodlands discussed in BI-0-5. With respect to the
Climate Action Plan, there is no information included regarding reflected or
generated heat from the placement of solar panels compared to the reflected and
generated heat from the same location as the solar panels before placement of the
panels and its effect on micro -climate. The color or roofing material has a large
impact on this. A lighter colored roof does not get as hot as a darker colored roof or
dark solar panels. And, a solar farm would create a heat island for many acres. On
Community Health and Sustainability, CHS-P-29 states "require noise mitigation
measures which could include buffers, noise barriers or open space and vegetation
between new sensitive uses such as residential units and schools and major noise
polluters such as SR57 and SR60, the Metrolink rail line and heavy industry". As
such, Mr. Barcon submitted a separate document with information for Chapter 3,
Environmental Settings and Impacts Noise 3.10, a publication cited in the Draft EIR.
This information is based on his personal sound measurements and was presented
to the City Council a couple of meetings ago, of the Union Pacific freight trains for
several days from near the intersection of North Rock River Drive and Red Cloud
Drive in Diamond Bar. Additional information is from the 2018 Metrics Transit Noise
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and Vibration Impact Assessment manual provided by the Federal Transit
Administration. The EIR also addresses PS-P-51 railroad and the General Plan
Chapter 7.0 Public Safety Section 7.8 Noise.
Grace Lim -Hayes said the many changes to the General Plan about the well-
meaning words such as "ensure, encourage, promote, consider, when appropriate,
when feasible, etc." led her, as an educator, to wonder how motivated her students
would be if they were told to just "consider" doing their assignments "when feasible"
or that they are "encouraged" to attend class "as opportunities arise." For example,
many of the vague and unenforceable policies would cause potential paralysis and
confusion for Planning Commissioners. "Promoting" and "encouraging" cannot be
measured or evaluated. All of the policy guidelines have said that. If something is
to be done as "necessary" or "where feasible" who would decide what is necessary
and feasible? Ensure is not the same as require. It places responsibility on the City
to check and verify, but it is not clear the developer must comply. These vague and
unenforceable words will invite excuses and conflicts of interest that will be left out
of the picture if the City is to take its General Plan seriously. As such, Responsible
Land Use worked very hard with the GPAC these past three years to instill quality in
the language to weed out poor phrases and support language that provides support
to the City's future. Responsible Land Use collaborated with many experts,
partnered with Cal Poly Pomona for a Placemaking project which was presented to
staff and provided policy language from every highly recommended City and have
seen examples of what is successful and what is not. The changes currently being
entertained that have been accepted put Diamond Bar more in the category of what
not to do. Therefore, RLU is deeply concerned with these significant changes being
promoting or accepted with a very short window of time to evaluate those changes
and submit written comments. Her group believes they could have provided even
more in-depth analysis had time permitted. The 40 pages of comments scratch the
surface of the problems that will result from these changes. The brevity of the City's
deliberation this evening is concerning considering that these plans took three years
to mature. With respect to Resource Conservation C-P-11 for example, one of the
Council Members asked if the spirit of the General Plan still the same and subtle
changes mean a lot. In the group's C-P-11 it requires all development including
roads and trails proposed adjacent to riparian and biologically sensitive habitats to
avoid, to the greatest extent feasible, significant impacts that would undermine
healthy natural functioning of those areas. It requires new development proposed in
such areas to be designed to — it originally said protect wildlife movement, linkages
to water, food, shelter and nesting sites. The change is now "provide" wildlife
movement with linkages to water, food, shelter and nesting sites which to her is a
different spirit. The soul is gone because to protect as a Resource Conservation
Element is to maintain the natural healthy functioning of that system. But "provide"
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clearly suggests it could be removed, replaced and not protected. So, imagine how
that change, if done in multiple places, could change the spirit of the language which
is just one example of the significant changes her group detected. Responsible
Land Use feels it would have been better to be slow during deliberation because the
spirit of the General Plan process had been to include the people's language in it.
And at this point it feels to her that has been washed away.
Allen Wilson felt the GPAC's work should not be diminished. Public Safety is an
important issue to him because during the past two months he has seen rampant
crime coming into town. He hopes the City gets back to the plan of planting 100 to
200 trees in the City during the next five years.
Robin Smith, local Sierra Club Chair, said she is very frustrated. In Chapter 5 of the
Resource Conservation Element there is a map that is grossly inaccurate. In 2016,
Sierra Club sent a letter regarding this map pointing out more than 16 mistakes.
One glaring mistake is that all of the yellow should be pink because Diamond Bar
does not have a large expanse of Walnut woodland in Diamond Bar. She wanted to
know why the City is building its information off of inaccurate information. Her
property has oaks and coastal scrub that is not mapped. However, her oak trees
are mapped by the State of California. Further, the habitat maps are inaccurate and
to be fair, it takes about a year for the form one fills out to register their findings with
the CNDDB (California Native Diversity Data Base). The Sierra Club has filled out
the forms for the gnatcatchers they found distributed throughout the City. She has
gnatcatchers in her back yard. There are gnatcatchers in the south and over at
Pantera Park, Steep Canyon, and other places. She does not understand why that
paperwork hasn't gone through and why they are not shown on the map. She has
spoken to the City about it and delivered to CM/Fox the Hamilton Bio Resources
Report that corrects all of this. These are Findings of Facts that should be dealt
with. She also has copies of the mapping standards that Bio Survey Professionals
should follow — Survey of California Vegetation Classification and Mapping Project
Deliverables and the Survey of California Vegetation Classification of Mapping
Standards and she would like to know if the consultants have followed these very
clear outlines.
Lee Paulson addressed the suggested language changes and said that CM/Fox
commented that the documents Responsible Land Use provided to the Council
essentially ask that the Council keep the language the same which is not true. His
group understands the need for flexibility and respect its importance. RLU knows
that the City should not tie its hands and RLU also knows that there must be care
taken when making rapid decisions that those decisions do not create unintended
consequences. His only point is that the reason the Council and Commission
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received 40 pages of specific recommendations from RLU is because they believe it
is possible to provide both the flexibility the City needs and respect for the language
that the City and citizens spent three years putting together, which they believe is
possible and would like the opportunity to take the time now to get it right the first
time because the City and its future deserves that much consideration.
Paul Sherwood reiterated that he served on the General Plan Advisory Committee
and one of the concerns he had as a committee member was the word "require" as
it kept popping up. And for him, a plan is just that — a plan. It is not cast in stone.
He believes the plan needs to give the City flexibility. Plans are guidelines, they are
not necessarily absolutes and he thinks that the more flexible language is
appropriate because as Planning Commissioners have stated, to address policies
hard and fast at the Municipal Code/Ordinance level. A previous speaker drew an
analogy with children. When he was a child he needed to be told what to do. But
the City is run, guided and governed by adults who are clear-headed thinking adults
who do not need to be told what to do and who can figure it out themselves. He
believes everyone needs to trust leadership to take this plan and implement it in the
spirit it was intended. To that end, flexibility is important because we do not know
what will be on the table before us 20 years from now. There is one area that could
be added in the conservation portion of the plan with respect to tree mitigation. He
researched the Millennium project and found it interesting that the Tree Mitigation
Agreement for Millennium was that they had to mitigate trees at Frank G. Bonelli
Regional Park and he would encourage that the mitigation policy attempt to mitigate
trees within Diamond Barfirst "where feasible" before sending them to another City.
Response to Public Comments:
Steve Nelson, ESA responded to comments regarding the mapping and other
resources in the Resource Conservation Element, regarding ecosystem services
and biodiversity. In 1976 his then partner and he were part of the LA County
General Plan Update study and completed the 1976 SEA Study which Diamond Bar
adopted. In 2000 he was the principle investigator for the update of that study in
which they expanded the Tonner Canyon SEA to include basically all of the vacant
land in the Puente Hills. The whole objective of that study was to conserve
biological diversity and he believes by the City's acceptance of that SEA they have
adopted a policy of conserving biological diversity in and of themselves. There was
discussion about relocating plants and seeds to acceptable public space. Those are
typically things that are handled when dealing with state and federal resource
agencies. They typically demand a Habitat Mitigation and Monitoring program. The
ideas that are typically considered are public areas within the City or the local
jurisdiction. Nearby Chino Hills State Park has the same basic environment which
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could be looked at, but at this point in history, it is very difficult to nail down exactly
where cities will do these things. The wording that it be a "subject of future study" is
perfectly consistent with the General Plan as opposed to a site -specific plan.
Discussions about riparian and wildlife movement is thoroughly covered in the EIR,
particularly in the discussion of the City's Sphere of Influence in Tonner Canyon and
it respects the people that are involved in establishing the Puente -Chino Hills
Wildlife Movement Corridor, which would ideally bring wildlife from the Santa Ana
Mountains under Coal Canyon through Chino Hills and across via Tonner Canyon
into the Puente Hills and west of there.
As for the mapping, Mr. Nelson said that the commenter is focused on the site
specific versus the General Plan approach to these things. Site -specific surveys
plant surveys are performed at the project level, not at the General Plan level. And
the same holds true for endangered species. In 2016, to the best of his knowledge,
a gnatcatcher was not seen or recorded in Diamond Bar. We knew they occurred at
Bonelli Regional Park and we knew that they occurred in the Puente Hills in the
Brea area and Aera energy property. As a resident of Diamond Bar between 1977
and 2013, he would go out and do his own surveys. He never found one
gnatcatcher. In 2018, he was notified that Dan Cooper, a very good ornithologist,
found one near Pantera Park and when Rob Hamilton, who is also an excellent
biologist, went out and did his work for the Sierra Club found a number of them. The
point is that if we try to nail down the specific location of species at this point in
history and that this update is to last over 20 years, it will be out of date in two years.
And that is why the site -specific studies are required. And that's why the EIR
Analysis said that whenever you are in this type of habitat, you need to do these
surveys for these species. It doesn't nail it down, it doesn't give anybody the
opportunity to say well, it wasn't found there in five years and therefore, it can't be
there. It doesn't happen that way. Biology moves around. So, the documentation
and mitigation was set forth as a guideline to be able to advance the conditions of a
particular site into the future as opposed to merely saying we're going to base all of
our decisions on what we know now. Because what we know now will not be the
same as what we will find out in five years.
Mr. Nelson said he agrees 100 percent that mitigation should take place within the
City before it goes outside. But again, back to his experience as a Planning
Commissioner, that may not be possible. And, if that is the case, then it should go
to someplace nearby and should contribute to what we are trying to do from a
conservation standpoint. One thing he learned in conservation ecology were the
words of Aldo Leopold. "Think globally, act locally." That does not mean that we
have to do it in Diamond Bar, but if we cannot, we should do it someplace nearby so
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that we can contribute to the global issue.
CM/Fox said that with respect to Mr. Barcon's comments that were related to the
EIR we are not taking comments on the EIR because we are in the middle of the
Public Review period. CM/Fox encouraged Mr. Barcon to submit his comments in
writing to the City for proper response as part of the EIR process.
M/Herrera asked for Council and Commission comments.
Chapter 5:
C/Lyons referred to Chapter 5-41 under policy RC-P-28C and said she was
surprised about the inclusion of information about clean air technology beyond what
is required by the SCAQMD.
CDD/Gubman responded to C/Lyons that simply because we are trying to convey
the importance the City places on quality of life and if there are ways to go above
and beyond what the minimum legal requirements are, we do not see any harm in
encouraging that.
C/Lyons referred to Chapter 5-44. The community talks about air quality and
encouraging public transportation to improve air quality. She believes that another
way to improve quality of air is to clear up the mess on the SR57/60 so that traffic
does not sit so long and throw out extra exhaust and why wouldn't the City
encourage and advocate for that because if the traffic flowed better it would certainly
reduce the amount of emission coming into the City.
CDD/Gubman said that within the Circulation Element is a policy that states that the
City would cooperate at an interagency level to address those issues. It may not be
in the Resource Conservation Element in those words, but it is addressed in the
document.
C/Lyons asked if CDD/Gubman believed it would relate to air quality if vehicles were
not stuck in that area.
CDD/Gubman said the policy can be stated within the Resource Conservation
Element if that is the desire of the Council and Commission.
C/Lyons said it was her desire to have it included.
M/Herrera commented on Chapter 5-31 that she would like to see the following
policies eliminated on P-11: Items c, d, e, and f. M/Herrera does not know why we
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would want the City of Diamond Bar to be a Wildlife Corridor when it has a huge
problem with Coyotes roaming City streets and making a lot of residents very, very
nervous. Why would we want to facilitate movement for wildlife?
Mr. Nelson said that if Diamond Bar is going to commit to preserving biological
diversity and ecological stability, it has to recognize the various levels atwhich those
occur and interactions with which those occur. It was common to see coyotes
running up and down the street he lived on off of Summitridge. To his knowledge,
mountain lions have not made it into this area yet. It is not the wildlife that are
finding themselves so compressed in their natural habitats that they have to expand
out of them and he can guarantee that the first mountain lions they see in the
neighborhoods of Diamond Bar will be juveniles trying to get out of their natal
territories because their parents do not want them around. Coyotes are a problem,
but he does not believe that taking them out of being able to interact with the
systems throughout the Puente Hills is the answer. The answer might simply be to
reduce their numbers and while everyone says you cannot kill coyotes, they are
pests and they are getting more aggressive. He has no problem with that kind of
management, but to completely shut them off seems to be a way to paint the City
into a corner if, in fact, what you are trying to do is stabilize, to the best of your
ability, the trophic systems and ecosystem and biological diversity.
M/Herrera said she did not believe Diamond Bar needed to facilitate wildlife by
creating tunnels where they can cross into the City limits. Diamond Bar is
surrounded by 8,000 acres of undeveloped land, and all of these creatures live in all
of that land, but she does not believe the City needs to be doing things to invite
them into the neighborhoods.
Mr. Nelson said he was simply saying that this is the way that an objective
professional would approach the situation. If the policy were to prevent wildlife from
having any interactions with humans and therefore reducing any conflicts, the
impact of that might be that the City were to cut off those important ecological
systems. And then, what is the mitigation for it — well, there is not much a city can
do. He understands M/Herrera's point and is not here to debate with her. However,
from his professional viewpoint, he has to analyze it the way it is — according to what
is out there - what it means and what it should mean going into the future. And, he
completely understands the conflict situation. Again, he has no problem with
reducing their numbers because they are pests. Coyotes have been trapped
crossing the 101 freeway in downtown Los Angeles. The National Park Service has
the data.
MPT/Tye said the document says "require that all development, including roads and
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trails proposed adjacent to riparian and other biologically sensitive habitats" and
asked where would that be. He does not think that when it says we want to provide
wildlife movement linkages, that we have to build it, it says movement linkages to
water, food, shelter and nesting sites. So, if we were to build something that was
adjacent to a riparian or other biologically sensitive habitat, by the very nature of
building that it would cut them off from it and that does not make sense either
because then they will be in back yards looking for food and water. And "allow
wildlife and migration access by use of tunnels". In Puente Hills the county built the
tunnel under Harbor and without being able to back it up with statistics, he bets
there are fewer dead animals on Harbor because that tunnel was built. He would
not necessarily be in favor of striking that simply because of what it says above it.
C/Chou agreed with MPT/Tye because he believed the language was specific to
"new" development. One of the issues with coyotes is that the City has
developments that cut into their habitat which drives them off of the hills into
residential areas. And if that is not mitigated through a policy going forward, the
problem is likely to get worse. Therefore, he believes that by saying this is for new
development, the City can be careful about not cutting off their natural habitat and
driving them into existing neighborhoods going forward. He votes to keep the
language in place.
C/Mahlke felt it was important to remember this applied to all wildlife and although
coyotes may be pests, there are certainly many other animals that would require or
need this access and making a policy change to mitigate that one particular animal
could end up being a mistake. She agreed that the idea is that it is for "new"
development at very specific locations and because Diamond Bar is mostly built out,
there are not a lot of opportunity for this to be a "thing" that is currently put in place
and she too, would vote to keep the language in place.
C/Rawlings said he agreed with MPT/Tye and C/Chou that the language should be
kept in place.
C/Rawlings referred to the update on Chapter 5, RC-P-8 and said he was concerned
about the modified language and the intent of changing "work with other jurisdictions
and conservation organizations to protect prominent ridges, slopes and hilltops in
and adjacent to the City and its Sphere of Influence" and adding "to the extent
feasible" which he felt belonged at the beginning of the sentence rather than at the
end because if it is at the end of the sentence, it modifies the statement on "protect"
whereas, if it is added to the beginning of the sentence it would modify the "support
and cooperate" portion.
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C/Rawlings referred to RC-P-19 and said he noticed that the document occasionally
refers to drought tolerant vegetation and in other places to native and drought
tolerant vegetation and he wanted to see consistency throughout the document to
say "drought tolerant native vegetation".
C/Rawlings referred to RC-G-6 on Page 5-30. He asked that if when the document
says "native and drought tolerant" does it mean drought tolerant native or does it
mean drought tolerant or native because he wanted to make sure it was meant to
indicate "native plants that are drought tolerant rather than "or".
CDD/Gubman responded that the intent is to allow native as well as drought
tolerant. Ina shopping center, for example, why restrict the plant palate and design
opportunities to natives if there are California friendly plants that are not invasive.
C/Mok referred to Page RC-P-6 on Page 5-9 and asked if that was suggesting the
City does not have standards for these and that it will be a little more specific and
intentional about how the planning, designing and management for maintenance of
trails is going to happen?
C/Mok said he is visual and appreciates the inclusion of charts and tables. On Page
5-21, Table 5-2 indicates the categories of creatures which he appreciated and he
especially appreciated the last column where it stressed Tres Hermanos and that
these animals could possibly exist there which tells him that any future discussions
at the table with the City of Industry and Chino Hills need to include this document.
M/Herrera asked for feedback on language for Chapter 5 proposed by staff on
following the directions for Chapters 2 through 4.
C/Low asked if it was possible to add a date and source to Table 5-2 on Page 5-21.
CM/Fox responded to C/Low that the table she referenced is a 5-page table and on
Page 5-24 the date and source can be found at the bottom of the page.
C/Mok said that on Page 5-23 there is a potential for an American Badger to occur
in this study area. Have they been seen, what is the potential and where will they
come from?
Mr. Nelson said that in all likelihood, they could be in Tonner Canyon and possibly in
the north Tres Hermanos area. It is an animal that one does not often see, but they
are there. They like open space areas.
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MPT/Tye asked Mr. Nelson if he could cite an example of people introducing
species into an area such as the gnatcatcher.
Mr. Nelson said the only animals that he is familiar with that have been introduced is
the California red -legged frog up north that can be pulled out of a wet habitat and be
moved to another wet habitat and there have been cases where that has happened.
Typically, with birds it does not work and attempts at endangered small mammals
have been poor in terms of survivorship. It is a bit of a stretch to say that is a real
possibility or something to consider as plausible.
CM/Fox asked if there was a decision to leave the wildlife corridor language as
proposed and M/Herrera said there was consensus to leave it as is.
CM/Fox asked if C/Lyons' request to include reference to the SR57/60 was
appropriate. C/Lyons said she requested that it be included on RC-P-41 about
supporting public transport providers, increasing funding, supplement other means
of travel to reduce pollution and her comment was that she believed if the SR57/60
Confluence area was fixed there would be less air pollution in Diamond Bar because
cars would not be sitting in the area producing pollutants.
C/Chou asked why something the City has no control over would be added to the
General Plan. C/Lyons responded by saying that the City does not have control
over a lot of what is proposed. She believes it should be included to encourage the
Big Fix and that the City should continue to look for funding. In many ways it is a
"wish list" for other transportation.
CM/Fox said staff would add C/Lyons requested language.
CM/Fox responded to C/Mok's comments on P-6 that yes, there are standards for
trails and right-of-way maintenance. Perhaps a more appropriate approach would
be to update "as appropriate" development standards if the City is going into a new
area of conservation. Council and Commission concurred.
Council and Commission concurred with the suggested changes with the inclusion
of C/Rawlings suggestion for RC-P-8.
Chapter 6:
Council and Commission concurred to accept the modified language (redlined
version) for Chapter 6.
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Chapter 7:
C/Mahlke said that some of her comments on Chapter 7 have to do with
consistency. The document frequently references the LA County Fire Department
as "The Los Angeles County Fire Department" or "The County of Los Angeles Fire
Department", both of which are correct but does not know why one document would
have the same entity named two different ways. In addition, there are frequent
references to "The Los Angeles Sheriff's Department" with an abbreviation as well.
Also, with respect to the EIR, when speaking about Public Safety the term "police" is
used very liberally and we do not have police in our City and Diamond Bar does not
have "police stations" or "police officers" or police in general because the City
contracts with the Sheriff's Department. Either go broader with "law enforcement" or
actually use the correct term "Sheriff's Department".
Council and Commission concurred.
C/Mahlke said there is a figure 7-10 on Page 7-39 which is the City's typical noise
level in the environment. This is also repeated in the EIR. This is common
knowledge but she would like to know where this figure came from so source work
information would be helpful to her.
C/Rawlings referred to Page 7-21, PS-P-17 "protect and promote native oak
woodlands that border residential areas as fire buffers". Some of that area is City -
owned and non-native habitat and he wondered if from a biology perspective and
previous work in the City, what the likelihood would be for having a successful
reintroduction of an oak woodland in those areas. His concern is that some of those
areas are canyon areas with steep slopes and anything that can be done to slow the
movement of wildfires in those areas to give fire personnel a chance to put down
any non-native brush fire would, in his opinion, be helpful in protecting the homes.
Mr. Nelson said he believes the key would be that as the oaks mature and grow
which they do rather slowly, to go through the process of "limbing" them up because
typically, in an oak woodland shrubs cannot make it as a ground cover because they
get out -competed for the sunlight. And even if there is grass it can catch fire and get
into the canopy of the trees. So, if the trees are limbed up four feet or so, typically,
that helps. The City of Chino Hills actually has this as part of their City Ordinance
about how to deal with oaks within fuel modification zones. There are ways to do it
naturally. C/Rawlings commented that this is something he would love to see.
C/Mahlke referred to Page 7-4 under Expansive Soils — about halfway through the
paragraph there is a sentence that ends with "potential" and the way that soils are
used. And randomly, it says "copper re -piping is a common home repair in Diamond
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Bar" and then it goes back to talking about soil.
C/Mok responded to C/Mahlke that because of the expansive soils (clay) and the
chemicals that are in the clay, it does a number on copper, which is why this
sentence was inserted.
CM/Fox said that staff will clarify or expand on that.
Council and Commission concurred with the language in the redlined version of
Chapter 7.
Chapter 8:
C/Rawlings referred to Page 8-13, CHS-P-12 which gets into public art installation
and improving social interactions and creating space where folks would have more
social interactions, as well as leading to retail areas being more of a destination
location and he felt there were other places that could be referenced as an important
aspect of the community health and welfare.
CM/Fox explained that this is cross referenced in the Chapter 3, Community
Placemaking which would be the intent.
C/Mok referred to the revised version CHS-P-6. Being in public education for 35
years, he does not believe he has ever heard of the "Safe Routes to School'
program. He noticed it was deleted in the revised version.
M/Herrera said that this program was killed at a recent City Council meeting.
C/Low commented that she was talking about public art 15 years ago when she
served on the Planning Commission. It only took 15 years and now the City has it
and she is very excited about it.
Council and Commission concurred with the proposed language (redlined version)
of Chapter 8.
Climate Action Plan:
C/Low asked if Diamond Bar was in compliance with the state mandates and can
this be changed if there are changes to the state mandates?
Ms. Kotos responded that two inventories were done when completing the Climate
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Action Plan. The first was to calculate the baseline 1990 emissions inventory and
the calculated based on the state percentages of 40 percent reduction and 80
percent reduction. The mass emissions were actually a lot higher than the
established target for metric tons of carbon dioxide. By using CARB's standard we
are issuing a stronger baseline of compliance and the City is on -track to meet the
2050 goal as well. Because the horizon year for the General Plan and Climate
Action Plan was 2040, the analysis took that into consideration. However, the City
can implement additional measures to become more aggressive should it choose to
do so.
C/Low said that on Tab 4 there are various options and she does not understand
how the options are set up and who chooses the options.
CDD/Gubman explained to C/Low that those are optional measures that have been
crafted or applied in other Climate Action Plans and as staff has found, they are not
really needed. In this instance, this plan provides a menu of policies should the City
seek to enact additional measures. For example, there will be grant opportunities
coming up in the future and a stipulation would be that the City would have to go
beyond what the minimum greenhouse gas emissions cap is. In addition, with the
rate at which legislation and executive orders come out of Sacramento it tends to
move the target overtime and the City may need to activate some of these in order
to keep its compliance. These are included for those types of eventualities or
should the City choose to take a more activist role.
C/Mahlke wanted to know the process for updating the Climate Action Plan to
ensure the City is in compliance when and if the state standards change.
CDD/Gubman explained to C/Mahlke that the City should revisit the Climate Action
Plan every five years whether or not there is legislation or executive orders dealing
with this issue. Obviously, if a new bill is passed or another executive order is
signed, that would be a trigger a re-evaluation of the advocacy of the current
Climate Action Plan.
C/Rawlings referred to Page 3-11 where there is a list of methodology and
alternative options. He did not find anything listed about habitat restoration and in
light of some of the earlier comments about individual oak trees being able to take
55,000 pounds (of carbon per year) out of the atmosphere, he wondered if doing
habitat restorations would be a significant assistance to the City, especially with oak
woodlands.
Ms. Kotos explained that the document discusses the potential impacts on biological
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resources within the City and the benefits that the existing open space and
biological resources serve (Page 1-6). The difficulty is that the inventory is based off
of the CAPCOA quantifications and CAPCOA does not assign specific numbers to
calculate the potential impacts of certain biological resources but list it as an option
and while performing the calculations, her firm wanted to remain conservative about
the potential reduction and impacts of the proposed policies, but the inventory does
include the land uses assuming those are not going to contribute additional
greenhouse gas emission.
C/Rawlings said he likes to explore solutions that have multiple impacts so if the risk
of fire in some areas could be reduced and at the same time help reduce
greenhouse gas emissions while also increasing water replenishment and
groundwater filtration, those are to him, great ideas. He said that if the City could
able to explore some of these alternative solutions and if the City took a slightly
more aggressive approach overtime and got below the 2050 requirement, would the
City be able to participate in the carbon offset exchange which might be a source of
revenue for the City.
Ms. Kotos agreed that what C/Rawlings proposed seemed like a great idea. To that
end, the appendices also includes a list of additional measures that can be taken at
project specific levels including tree planting programs, installation of energy -
efficient appliances, etc. She agrees that having a completely maintained and
thriving ecosystem where all of the different measures benefit each other is a great
idea.
C/Mahlke said she finds the lower case "I" really difficult to read in the headings and
she would like to have the font changed to create better accessibility for those who
wish to read the document. Ms. Kotos said she agreed. Online it looks a lot cleaner
but in the final version it can be fixed.
Council and Commission concurred to move forward with the proposed language in
the Climate Action Plan.
Next Steps:
Council and Commission concurred to move the document to the Planning
Commission Hearing phase.
CDD/Gubman stated that should anyone wish to make comments or have questions
on the EIR, they should submit them in writing and responses will be included in
Response to Comments in the Final EIR.
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CDD/Gubman responded to Chair/Barlas that after the end of the 45-day review
period for the EIR staff will compile the comments and prepare responses that will
become a part of the document. When that work is complete, the City is required to
advertise the availability of the Final EIR. No decision on the EIR can be made
unless and until that Final EIR is made available for a 10-day notification period.
Planning Commission Hearing on the General Plan is tentatively scheduled for
November 12cn
ADJOURNMENT: With no further business before the joint session, M/Herrera
adjourned the Special Meeting at 8.42 p.m.
Respectfully Submitted,
Kristina Santana
City Clerk
The foregoing minutes are hereby approved this 5t" day of November, 2019.
Carol Herrera
Mayor
Respectfully Submitted,
Greg Gubman
Community Development Director
Naila Barlas
Planning Commission Chair
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6.1.b
CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL STUDY SESSION
OCTOBER 15, 2019
STUDY SESSION: MPT/Tye called the Study Session to order at 5:30 p.m.
in Room CC-8 of the South Coast Air Quality Management District/Government Center,
21865 Copley Drive, Diamond Bar, CA 91765.
ROLL CALL: Council Members Chou, Low, Lyons, MPT/Tye
Absent: M/Herrera was excused.
Staff Present: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; Dave
DeBerry, City Attorney; David Liu, Public Works Director; Anthony Jordan, Parks
Maintenance Supervisor; Greg Gubman, Community Development Director; Amy Haug,
Human Resources and Christy Murphy, Parks and Recreation Superintendent; Marsha
Roa, Public Information Coordinator; Cecilia Arellano, Public Information Coordinator; and,
Kristina Santana, City Clerk.
Also Present: Consultant Richard Fisher, Richard Fisher Associates.
► CANYON LOOP TRAIL CONCEPTUAL DESIGN:
PRD/Wright presented the Canyon Loop Trail Conceptual design rehabilitation
project to update the existing trail and stated there is funding of about $485,000
from multiple funding sources for construction. Staff provided this information to
the Parks and Recreation Commission in September for their input and feedback.
The Canyon Loop Trail is located within the center of the Summitridge Park Trail
system between the Ridge Route Trail to the north and the Grand View Trail to the
south which is comprised of nearly five miles of trail adjacent to the Diamond Bar
Center. This system currently consists of five trails and three trailheads. There is
access available from Steep Canyon with additional access points along Winwood
Drive and Peak Court.
The plan includes three benches with shade structures, stairs with handrails and
drainage crossings to prevent runoff and soil erosion along the trail. There are a
couple of areas for retaining walls where necessary and wayfinding signs where
appropriate, along with signage about flora and fauna as well as, the views and
vistas. In some areas the trail will be widened to provide a five-foot wide trail to
accommodate at least two people walking side -by -side and improve safety.
Staff continues to work with Richard Fisher Associates to determine the final plans
and specifications, address necessary CEQA requirements, look at exact locations
onsite to lessen any impact to the environment to the extent possible, and work on
the wayfinding and directional signs.
MPT/Tye asked for confirmation that CEQA would have to provide guidance on this
project and PRD/Wright responded that if this project impacts the environment,
species of animals, plants, oaks, cactus and others, it is a process that must be
considered.
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6.1.b
C/Lyons asked if the $485,000 covers the entire project and PRD/Wright confirmed
that it does.
C/Lyons asked if the trail near the auxiliary parking on the left of the Diamond Bar
Center was part of the Canyon Loop and PRD/Wright said no, that it was the
Grandview Trail. It will connect to the Canyon Loop Trail at the rest area.
C/Lyons asked if there was a drinking fountain at the parking lot and PRD/Wright
said he did not believe there was. C/Lyons felt staff should look at putting one in.
PRD/Wright said that locating a drinking fountain in that area would likely be
significantly expensive and many hikers return to the Diamond Bar Center where
there is parking and other amenities available.
C/Chou said he has taken the trail a few times. He pointed to an area on the map
where there is a very steep hill where the north and south connect and said it would
be helpful to have steps in that area.
PRD/Wright concluded stating that staff plans to bring this matter back to the City
Council in February for consideration of bidding the project and continue with the
work during the summer.
MPT/Tye asked why it would take four months to get back to the City Council and
PRD/Wright explained that staff needs to create the construction documents,
specifications, CEQA review and specify where each of the amenities will be
placed. CM/Fox added that the bid process takes time as well.
C/Lyons asked if the funding came from grant money and PRD/Wright responded
yes, from Measure A, Measure W, Land Conservation Fund, Park Development
Fund with the largest being the Habitat Conservation Grant of $285,000 from the
State of California.
Public Comments: None
ADJOURNMENT: With no further business to come before the City Council,
MPT/Tye recessed the Study Session at 5:43 p.m. to the Regular Meeting.
Respectfully submitted,
Kristina Santana
City Clerk
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OCTOBER 15, 2019 PAGE 3 CC STUDY SESSION
6.1.b
The foregoing minutes are hereby approved this 5t" day of November, 2019.
Carol Herrera
Mayor
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CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL REGULAR MEETING
OCTOBER 15, 2019
STUDY SESSION: 5:30 p.m. — Room CC-8
Public Comments: None
► Canyon Loop Trail Conceptual Design
CALL TO ORDER: Mayor Pro Tem Tye called the Regular City Council
meeting to order at 6:30 p.m. in the South Coast Air Quality Management
District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
Staff Present: Dan Fox, City Manager; Ryan McLean, Assistant City Manager;
Dave DeBerry, City Attorney; David Liu, Public Works Director; Greg Gubman,
Community Development Director; Ryan Wright, Parks and Recreation Director; Dianna
Honeywell, Finance Director; Amy Haug, Human Resources Manager; Cecilia Arellano,
Public Information Coordinator and Kristina Santana, City Clerk.
CM/Fox stated that during tonight's Study Session, the City Council received a report on
the Canyon Loop Trail Conceptual Design which provides for improvements and the
addition of amenities to the trail above the Diamond Bar Center. Direction was provided
to move forward with the concept plans and staff will be working on construction
documents and completing the environmental review for the project. This item will
come back after the first of the year with construction plans for Council consideration.
PLEDGE OF ALLEGIANCE: MPT/Tye led the Pledge of Allegiance.
INVOCATION: Pastor Tim Park, Evangelical Free Church, provided
the Invocation.
ROLL CALL: Council Members Chou, Low, Lyons, and Mayor Pro
Tem Tye.
Absent: Mayor Herrera was excused.
APPROVAL OF AGENDA: As presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
3. PUBLIC COMMENTS:
Susan Pantages, President, Diamond Bar Friends of the Library, said she has
been surprised to discover that many residents of Diamond Bar are unaware that
there are two non-profit used book stores known as "Basically Books" run by the
Friends of the Library in the City. She asked that residents support these book
stores, which directly benefit the Diamond Bar Library. The Friends will be
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OCTOBER 15, 2019 PAGE 2 CITY COUNCIL
celebrating the 20t" Anniversary of Basically Books, on Saturday, November 16tn
from 11:00 a.m. to 2:00 p.m. in the shopping center parking lot at the corner of
Diamond Bar Boulevard and Golden Springs Drive. Attendees can partake of
free hot dogs, cakes, drinks, face -painting, drawings and shopping and continue
to support literacy and local library programs.
Allen Wilson said that last Wednesday he attended a community meeting at the
Holiday Inn hosted by a developer seeking input on development of 11 homes.
He asked if there were any other developments in the City and if so, could the
information be posted on the City's website. He appreciated the email response
he received from PRD/Wright regarding the Grand Opening of the Sycamore
Canyon Trail which unfortunately is being held during the work week and should,
in his opinion, be held on the weekend so more community members can attend.
Pui-Ching Ho spoke about programs and events taking place at the Diamond Bar
Library during the "Read Together Diamond Bar" month of October. She invited
residents to visit the library's website at https://Iacountylibrary.org/diamond-bar-
library/ for additional programs and information. Many library events are
sponsored by The Friends of the Library.
Robin Smith spoke about the Diamond Bar/Pomona Valley Sierra Club and its
purpose. With respect to the Canyon Loop Trail, the Sierra Club is very
concerned about the City's pattern of improper CEQA categorical exemptions.
4. RESPONSE TO PUBLIC COMMENTS:
CM/Fox responded to comments regarding the Canyon Loop Trail, stating that
staff will be completing the appropriate environmental review as part of the next
steps in the process.
Regarding Sycamore Canyon Trail, the Ribbon -Cutting is scheduled for
November 5t" because the City has a very heavy event schedule for the
weekends preceding and after the event and once the trail is open it will
immediately be used, so it is proper and expedient to hold ribbon -cutting
ceremonies upon reopening of the trail. If there is an opportunity for an event in
the spring the City might be able to plan a weekend event for the community's
benefit and participation.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Diamond Bar Restaurant Week continues through Sunday, October 20tn
2019. Visit the website at http://dbrestaurantweek.com/ for a listing of
participating restaurants and their offerings. Participants are reminded to
save their receipts for entry in the drawing at City Hall.
5.2 Planning Commission Meeting — October 22, 2019, 6:30 p.m., City Hall
Windmill Community Room, 21810 Copley Drive (canceled).
5.3 Parks and Recreation Meeting — October 24, 2019, 6:30 p.m., City Hall
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OCTOBER 15, 2019 PAGE 3 CITY COUNCIL
Windmill Community Room, 21810 Copley Drive.
5.4 Halloween Party — October 26, 2019, 9:00 a.m. to 12:00 noon, Pantera
Park, 738 Pantera Drive.
5.5 Special Meeting of the Planning Commission — October 30, 2019, 6:30
p.m., City Hall Windmill Community Room, 21810 Copley Drive.
5.6 Sycamore Canyon Trailhead Reopening — November 5, 9:00 a.m.,
Diamond Bar Boulevard Trailhead across from Steep Canyon Drive.
5.7 City Council Meeting — November 5, 2019, 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: C/Low moved, C/Chou seconded, to approve
the Consent Calendar as presented. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: M/Herrera
6.1 APPROVED CITY COUNCIL MEETING MINUTES:
6.1a SPECIAL JOINT CITY COUNCIL AND PLANNING COMMISSION
MEETING OF SEPTEMBER 25, 2019 — as presented.
6.1b STUDY SESSION OF OCTOBER 1, 2019—as presented.
6.1c REGULAR MEETING OF OCTOBER 1, 2019—as presented.
6.2 RECEIVED AND FILED COMMISSION MINUTES:
6.1a TRAFFIC AND TRANSPORTATION MEETING OFJUNE 13, 2019.
6.1 B PARKS AND RECREATION MEETING OF AUGUST 22, 2019.
6.3 RATIFIED CHECK REGISTER DATED SEPTEMBER 26, 2019
THROUGH OCTOBER 9, 2019 TOTALING $1,855,333.04.
6.4 APPROVED SECOND AMENDMENT TO CONSULTING SERVICES
AGREEMENT WITH LAE ASSOCIATES, INC. INCREASING THE NOT -
TO -EXCEED CONTRACT AMOUNT FROM $124,200 TO $223,200.
7. PUBLIC HEARING(S): None
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chou thanked C/Lyons for spearheading Restaurant Week a couple of years
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OCTOBER 15, 2019 PAGE 4 CITY COUNCIL
ago and a couple of pounds ago. He is on his 14th restaurant and has 15 more to
go by Sunday. There is a very unhealthy competition being recorded on
Facebook. On October 6th he attended the 2019 Diamond Bar Multicultural
Festival which was a lot of fun and very well attended. On October 12th he
attended the Community Health Expo & Fitness Fun and thanked staff for a very
well executed event. He congratulated owners Ramil and Jen Veneracion on the
Grand Reopening of the Diamond Bar Crossfit.
C/Low said she is enjoying Restaurant Week which is a great opportunity to try
out new restaurants as well as those that have been around for a time.
Restauranteurs are very friendly and very much appreciate their patrons. The
October 6th Multicultural Festival was lots of fun. Everyone had a good time and
it was a great opportunity to talk with business and community groups. This
event demonstrates what a great City Diamond Bar is and how non -profits work
together and how businesses are supported by the community. Thanks to
everyone who participated. Read Together Diamond Bar, which is sponsored by
the Library and Friends of the Library, is available to all. She is very excited
about the trail openings and she thanked staff for their great work on those
projects.
C/Lyons hoped that everyone would join her and her dog, Kensey at the
Halloween event this year on October 26th. It will be a lot of fun with free games
for the kids and a costume contest and a costume contest for the dogs as long as
the owner is in costume. There will be a Veterans' Day event on November 7th at
the Diamond Bar Center beginning at 9.00 a.m. For anyone who is a veteran or
family member of a veteran, this event will provide a lot of enjoyment of great
music and speeches. She is not getting the scale out but she has visited 15
restaurants with 13 to go. The City Council and Planning Commission has met
twice to review the General Plan and the meetings lasting a total of 5 1/ - 6 hours
have allowed for detailed in depth study of the document. She found that the
work of the General Plan Advisory Committee (GPAC) was really good. The
GPAC did a great job analyzing the document and the consultant did a good job
of putting it together. She is happy to join her Council Members in saying they
want this General Plan update wrapped up by the end of this calendar year so
that it can serve as a guide for the City for the next 25-30 years.
MPT/Tye attended the Contract Cities Fall Seminar on October 4th through
October 6th where he received a lot of great information and listened to terrific
speakers, one of whom was from the Sheriff's Department who spoke about
cybersecurity. Unless one is hacked or something goes wrong, people are
generally unaware of the way thieves are invading digital spaces. There was a
great presentation on things to watch for and he was able to brag about
ISM/Desforges and his team keeping the City safe and avoiding problems many
other cities have. The following week he attended the JPIA Forum where there
were experts addressing such issues as homelessness and cybersecurity. He
thought the session on homelessness would be on what to do with it and how to
solve it. After spending hundreds of millions of dollars no one has an idea about
what to do, certainly in the city and county of Los Angeles. It was about how to
Packet Pg. 43
6.1.c
OCTOBER 15, 2019 PAGE 5 CITY COUNCIL
interface and deal with the homeless and it was very enlightening. Dr. Steven
Albrecht spoke about the library project because homeless are using libraries for
security and warmth in different cities. He brought information back from the
event to share with staff and the Sheriff's Department. MPT/Tye said he would
be adjourning tonight's meeting in memory of AYSO coach Dirk Keck who was a
grandfather and mentor to many kids he coached and to many young parents as
well. His family are in the thoughts and prayers of Diamond Bar residents.
ADJOURNMENT: With no further business to conduct, MPT/Tye adjourned the
Regular City Council Meeting at 6.58 p.m. in memory of Dirk Keck.
Respectfully submitted,
Kristina Santana
City Clerk
The foregoing minutes are hereby approved this 5t" day of November, 2019.
Carol Herrera
Mayor
Packet Pg. 44
6.2
Agenda #: 6.2
Meeting Date: November 5, 2019
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager i v�
,L_ {
TITLE: CITY COUNCIL RECEIPT OF COMMISSION MINUTES.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Receive and file the meeting minutes of the July 23, 2019, September 10, 2019 and
September 24, 2019 Planning Commission Regular Meetings, and the August 8, 2019
and September 12, 2019 Traffic and Transportation Commission Regular Meetings.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
It is the practice to provide the City Council with approved Commission meeting
minutes. The Planning Commission minutes of July 23, 2019, September 10, 2019,
September 24, 2019 and the Traffic and Transportation Commission minutes of August
8, 2019 and September 12, 2019 have been approved and are being transmitted to the
Council for your information.
PREPARED BY:
120
ristina antana, City ClerR - 11/512019
Packet Pg. 45
N AT/ I AVY1411:YF
6.2
x4 A Air 1042 la A Ar
Aem w
ya cLean, A sistant City Manager 1013012019
Attachments:
1.
6.2.a
Planning Commission Minutes of July 23, 2019
2.
6.2.b
Planning Commission Minutes of September 10, 2019
3.
6.2.c
Planning Commission Minutes of September 24, 2019
4.
6.2.d
Traffic and Transportation Commission Minutes of August 8, 2019
5.
6.2.e
Traffic and Transportation Commission Minutes of September 12, 2019
Packet Pg. 46
MINUTES OF THE CITY OF DIAMOND BAR
MEETING OF THE PLANNING COMMISSION
JULY 23, 2019
CALL TO ORDER:
Chair/Barlas called the meeting to order at 6:30 p.m. in the City Hall Windmill Room,
21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL:
Absent:
4
3.
4.
Commissioner Mok led the Pledge of Allegiance.
COMMISSIONERS: Ken Mok, William Rawlings, Vice -
Chair Frank Farago and Chair Naila Barlas
Commissioner Jennifer "Fred" Mahlke was excused.
Also present: Greg Gubman, Community Development Director; James
Eggart, Assistant City Attorney; Grace Lee, Senior Planner; May Nakajima, Associate
Planner; and Stella Marquez, Administrative Coordinator.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
APPROVAL OF AGENDA: As presented.
CONSENT CALENDAR:
4.1 Minutes — July 9, 2019:
C/Rawlings moved, Chair/Barlas seconded, to approve Consent Calendar
Item 4.1 as presented. Motion carried by the following Roll Call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
5. OLD BUSINESS:
6. NEW BUSINESS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
7. PUBLIC HEARINGS):
None
Rawlings, VC/Farago, Chair/Barlas
None
Mok
Mahlke
7.1 Conditional Use Permit No. PL2019-62 - Under the authority of Diamond Bar
Municipal Code Section 22.58, the property owner and applicant requested a
Conditional Use Permit for a proposed Adult Day Health Care Center in a
15,324 square foot tenant space within a 60,706 square foot multi -tenant
commercial center. The subject property is zoned Professional Office (OP)
JULY 23, 2019 PAGE 2 PLANNING COMMISSION
A
with an underlying General Plan land use designation of Commercial Office
(CO).
PROJECT ADDRESS
PROPERTY OWNER:
820 N. Diamond Bar Boulevard
Diamond Bar, CA 91765
Foremost Diamond Ranch
4590 MacArthur Boulevard, Suite 600
Newport Beach, CA 92660
APPLICANT: Angeles Del Sol ADHC, LLC
820 N. Diamond Bar Boulevard
Diamond Bar, CA 91765
AP/Nakajima presented staffs report and recommended Planning
Commission approval of Conditional Use Permit No. PL2019-62, based on the
Findings of Fact, and subject to the conditions of approval as listed within the
Resolution.
Chair/Barlas opened the public hearing.
Sean Najarian, representing the applicant, said his firm was very happy that
through this process, staff recommended approval for this project.
Chair/Barlas closed the public hearing.
VC/Farago moved, C/Rawlings seconded, to approve Conditional Use Permit
No. PL2019-62, based on the Findings of Fact, and subject to the conditions
of approval as listed within the draft resolution.
Motion carried by the following Roll Cali vote:
AYES: COMMISSIONERS: Mok, Rawlings, VCIFarago,
Chair/Barlas
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Mahlke
PLANNING COMMISSION COMMENTS/[NFORMATIONAL ITEMS:
CIMok said he was happy to hear that the Big Lots center which has been vacant for
years is in the process of being divided into six different small areas, four of which
are to be occupied.
9. STAFF COMMENTSIINFORMATIONAL ITEMS:
JULY 23, 2019 PAGE 3 PLANNING COMMISSION
9.1 Proliect Status Report.
CDDIGubman stated that there are no items scheduled for the entire month of
August. As a result, the Commission will go dark for both of the scheduled
meeting dates. Staff would like to schedule joint Planning Commission and
City Council meetings to begin study sessions for the General Plan Update for
September and October to bring the Planning Commission up to speed and
prepare for the Planning Commission's public hearing, tentatively scheduled
for November 12th. In addition, there is another large project around that time
which is nearly ready for public hearings, the Brea Canyon Business Park
project proposed to be located at the former Brea Canyon Boat and RV
Storage lot which has been vacated. The project is comprised of a hotel
(Hampton Inn) and office buildings that may be occupied by a single tenant
with a sizeable employment base. To avoid conflicts with the General Plan
hearings, not only to avoid having an extremely long evening with two of the
biggest projects the City has seen in several years, but to not overburden the
Commission with a weekend of intense reading, he would like to have a special
meeting on October 29t" to look at the hotel project. He asked that
Commissioners send him an email letting him know if the October 29th date is
available to them.
10. SCHEDULE OF FUTURE EVENTS:
As listed in the agenda.
ADJOURNMENT: With no further business before the Planning Commission, Chair/Barlas
adjourned the regular meeting at 6:46 p.m.
The foregoing minutes are hereby approved this 1 ot" day of September, 2019.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
_ Ao:�
Naila Barlas, Chairperson
MINUTES OF THE CITY OF DIAMOND BAR
MEETING OF THE PLANNING COMMISSION
SEPTEMBER 10, 2019
CALL TO ORDER:
Chair/Barlas called the meeting to order at 6.30 p.m. in the City Hall Windmill Room,
21810 Copley Drive, Diamond Bar, CA 91765,
PLEDGE OF ALLEGIANCE: Commissioner Mok led the Pledge of Allegiance.
1. ROLL CALL: COMMISSIONERS: Jennifer "Fred" Mahlke, Ken Mok,
William Rawlings, Vice --Chair Frank Farago and Chair
Naila Barlas
Also present: Greg Gubman, Community Development Director; James
Eggart, Assistant City Attorney; Grace Lee, Senior Planner; May Nakajima,
Associate Planner; Natalie T. Espinoza, Associate Planner; and Stella Marquez,
Administrative Coordinator.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL OF AGENDA: As presented.
4. CONSENT CALENDAR:
4.1 Minutes — July 23, 2019:
C/Rawlings moved, CIMok seconded, to approve Consent Calendar Item
4.1 as presented. Motion carried by the following Roll Call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
5. OLD BUSINESS:
6. NEW BUSINESS:
COMMISSIONERS
COMMISSIONERS
COMMISSIONERS
COMMISSIONERS
7. PUBLIC HEARING(S):
None
None
Mok, Rawlings, VC/Farago,
Chair/Barlas
None
Mahlke
None
7.1 Conditional Use Permit No. PL2019-59 - Under the authority of Diamond
Bar Municipal Code Section 22.58, the property owner and applicant
SEPTEMBER 10, 2019 PAGE 2
PLANNING COMMISSION
requested a Conditional Use Permit to relocate an existing chess school to
a 945 square foot space within Diamond Bar Town Center, an existing
39,965 square foot multi -tenant commercial center. The subject property is
zoned Regional Commercial (C-3) with an underlying General Plan land use
designation of Commercial (C).
PROJECT ADDRESS:
PROPERTY OWNER
APPLICANT:
1155 S. Diamond Bar Boulevard, #B
Diamond Bar, CA 91765
Diamond Bar Town Center, LLC
6621 E. Pacific Coast Highway #270
Long Beach, CA 90803
Shijie Chen
1110 Cieghorn Drive #B
Diamond Bar, CA 91765
AP/Espinoza presented staff's report and recommended Planning
Commission approval of Conditional Use Permit No. PL2019-59, based on
the Findings of Fact, and subject to the conditions of approval as listed
within the Resolution.
Chair/Barlas opened the public hearing.
David Pai, Property Manager for the Diamond Bar Town Center, speaking
on behalf of the property owner and tenant, said he appreciated the
Commission's hard work and stated that the chess academy provides a
unique and valuable experience for the youth of this community. Mr. Chen,
owner of the academy, is a chess champion and relatively young, and this
is a great opportunity for the community to experience his ability. David said
he would very much appreciate the Commission's approval for this school.
Chair/Barlas closed the public bearing.
C/Mahlke moved, C/Rawlings seconded, to approve Conditional Use Permit
No. PL2019-59, based on the Findings of Fact, and subject to the conditions
of approval as listed within the draft resolution.
Motion carried by the following Roll Call vote:
SEPTEMBER 10, 2019 PAGE 3
PLANNING COMMISSION
AYES: COMMISSIONERS: Mahlke, Mok, Rawlings,
VC/Farago, Chair/Barlas
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
CIMok stated that because he owns property within several hundred feet of the
property being discussed under public hearing item 7.2 he was recusing himself
from this matter and he left the dais.
7.2 Development Review No. PL2017-213 — Under the authority of Diamond
Bar Municipal Code Section 22.48, the applicant and property owner
requested Development Review approval to demolish an existing single
family residence to construct a new 12,636 square foot single family
residence with a 1,774 square foot garage and 4,790 square feet of
storage/porch/patio areas on a 1.98 gross acre (86,249 gross square -foot)
site. The subject property is zoned Rural Residential (RR) with an
underlying General Plan land use designation of Rural Residential. No
protected trees are being removed as part of this project.
PROJECT ADDRESS
PROPERTY OWNER
APPLICANT:
22307 Broken Twig Road
Diamond Bar, CA 91765
Jacqueline Hsu
22888 Canyon View Road
Diamond Bar, CA 91765
Pete Volbeda
164 N. 2nd Avenue
Upland, CA 91786
APINakajima presented staff's report and recommended Planning
Commission approval of Development Review No. PL2017-213, based on
the Findings of Fact, and subject to the conditions of approval as listed
within the resolution.
C/Mahlke said that normally when the Commission sees projects in The
Country Estates it is an indicator that it has proceeded through the
architectural committee for approval. However, staff's report indicates this
project has not yet been approved by the committee and she asked if it was
SEPTEMBER 10, 2019 PAGE 4 PLANNING COMMISSION
scheduled for review. AP/Nakajima explained that it is often submitted
concurrently and perhaps the applicant can enlighten the Commission on
the status.
Chair/Barlas opened the public hearing.
Pete Volbeda, Architect, spoke about the project and explained that he runs
process plan concurrently through the City and the HOA so that he can
apply any changes to both sets of plans at the same time. He expects to
hear from the HOA within the next two weeks.
Chair/Barlas closed the public hearing.
VC/Farago moved, Chair/Barlas seconded, to approve Development
Review No. PL2017-213, based on the findings of Fact, and subject to the
conditions of approval as listed within the resolution. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Mahlke, Rawlings, VC/Farago,
Chair/Barlas
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Mok
Commissioner Mok returned to the dais.
7.3 Development Review No. PL2019-55 — Under the authority of DBMC
Section 22.48, applicant Brian Huang and property owner Liu Chang Pei,
requested Development Review approval to construct a 914 square foot,
second story addition and a 116 square -foot patio, to an existing .1,272
square foot, single story residence on a 7,980' square foot lot. The subject
property is zoned Low Density Residential (RL) with an underlying General
Plan land use designation of Low Density Residential,
PROJECT ADDRESS
PROPERTY OWNER:
332 N. Platina Drive
Diamond bar, CA 91765
Liu Chang Pei
48 Sweet Fields
Buena Park, CA 90620
SEPTEMBER 10, 2019 PAGE 5 PLANNING COMMISSION
APPLICANT: Brian Huang
20472 Carrey Road
Walnut, CA 91789
AP/Espinoza presented staffs report and recommended Planning
Commission approval of Development Review No. PL2019-55, based on
the Findings of Fact, and subject to the conditions of approval as listed
within the draft resolution.
C/Rawlings stated that in the spirit of full disclosure, one of the neighbors
met him out front to ask a couple of questions which started him thinking
about whether there were any proposals to remove trees between the
homes. AP/Espinoza stated that there was no proposal to remove any trees,
only a proposal to re -landscape the front of the property.
Chair/Barlas opened the public hearing.
Aiko, 340 N. Platina and neighbor to the property under consideration asked
about the estimated construction timeline because when she asked the
owner she was told two to three months which she did not believe was
achievable. She has a tree in her front yard that may conflict with the
second story on the construction site depending on which plan the
Commission approved and wanted to confirm that she would not be asked
to cut any of her trees. In addition, she feels the second story will be very
close to the large window in her master bedroom and asked if the applicant
might be allowed to change from Plan A to Plan B.
Clark Menace, Decorah Road, said he did not appreciate this project
because he felt it would clutter the neighborhood and result in other similar
projects and the streets would be blocked and it would ruin his view. He is
opposed to this project and felt that if the applicant wanted a bigger house
he should sell his one story house and find a bigger house to buy.
Anthony Quijano lives in the house directly behind the proposed project and
would not approve of this construction because it would block the view from
his house and would depreciate the value of the property.
Chair/Barlas closed the public hearing.
C/Mahlke said that page 7 of 9 of staff's report states that the property owner
attempted to contact the neighbors to the north, south and east of the
project to review the plans and obtain support. The neighbors to the north
SEPTEMBER 10, 2019 PAGE 6 PLANNING COMMISSION
and east expressed their support for the project, but what was just stated
by Mr. Quijano (property to the east) did not support the project.
AP/Espinoza said she spoke with the property owner when she was writing
the staff report and was told by the property owners that they went to the
properties to speak to their neighbors, and according to the property owner,
they received verbal support from the neighbors. However, the property
owners are not present to confirm. C/Mahlke noted for the record that the
neighbors in the audience were shaking their heads vehemently indicating
that was not true.
C/Rawlings said he was personally concerned about a couple of things and
since the applicant is not present, he would hesitate to make a decision
based on the information the Commission has at this point. He wondered
about options for continuance of this matter to attempt to have all parties
including the property owner present to respond.
VC/Farago asked if staff could clarify the ordinance with respect to
obstruction of views or a resident's rights to a view.
AP/Espinoza stated that the property located to the east (rear of the project
site) is located approximately 18 feet above the finished grade of the
existing home on the project site. The existing house is 13 feet tali and with
the proposed edition, the house will be 23 feet tall. When the applicant
originally presented this project, they proposed the addition to be located
on the east side which would have impacted the neighbor's complete view.
So, staff directed the applicant to relocate the addition toward the north side
to account for a "slot" view for the neighbor located to the east (rear of the
project). While the design guidelines indicate that property owners can
have slot views - they will not always be able to have panoramic views.
C/Mahlke asked if it was true the Commission could not base a decision on
whether or not it would preserve a neighbor's view because there is no
guarantee of that view as long as there is still some view available.
CDD/Gubman stated that the view protection provisions in the Municipal
Code and Design Guidelines acknowledge that views are an important
attribute to residential properties in Diamond Bar, but it also expressly states
that no resident is perpetually entitled to an unobstructed panoramic view
and that there are going to be projects that will partially obstruct views. As
AP/Espinoza indicated, staff worked with the applicant to redesign the
structure to retain as much of the neighbor's view as can be done given the
relative positioning of the lots and structures built upon them.
SEPTEMBER 10, 2019 PAGE 7 PLANNING COMMISSION
VC/Farrago said that it looks to him like there is a tree in front of the yellow
box to the rear of the subject property that is approximately 23 feet high and
is blocking the view of the neighbor to the east. Based on past projects,
when there has been something of significance interfering with the view, the
applicant has been asked to put a pole framing the addition so that
Commissioners could visit the site to see what kind of impact the project
might present. AP/Espinoza responded that story poles could be done.
C/Rawlings stated that at this point he would probably abstain because he
is not comfortable with his knowledge about how this would impact the
neighbors and having story poles would be very helpful. Chair/Barlas said
it made sense to her as well and has been done for other projects.
CDDIGubman said that if the Commission needs that information to make
an informed decision and to consider the concerns expressed this evening,
it is within the Commission's purview to continue the matter and direct the
applicant to install story poles or actual field mockup to provide an
opportunity for the Commission to see what the basic envelope of the
building addition would be.
CIMok said that theoretically, the Commission could request the property
owner and applicant to put up some story poles to allow the Commission to
see how the outline of the addition would affect the view. Suppose the
applicant and property owner refused to do so because they did not want to
pay the cost and if that were to occur, how long would it delay the project?
CDDIGubman said it would delay the project at least until October 22, about
six weeks from now. The Commission has a full agenda coming up and it
will take time for the applicant/property owner to make arrangements to
have the story poles installed. The public hearing can be continued to
October 22" d or to a date uncertain and send out new meeting notices
accordingly. Staffs recommendation would be that if the Commission
wished to continue the matter with the instruction to the applicant that the
Commission would like to see the story poles, that this matter be continued
to October 22nd and with continuance to that date, the item would not need
to be re -advertised because the item will be placed on the October 22nd
agenda.
Chair/Barlas reopened the public hearing.
SEPTEMBER 10, 2019 PAGE 8 PLANNING COMMISSION
VC/Farrago moved, C/Mok seconded, to continue the public hearing for
Development Review No. PL2019-55 to October 22, 2019, and request the
applicant to install story poles. Motion carried by the following Roll Call vote. -
AYES: COMMISSIONERS: Mahlke, Mok, Rawlings,
VC/Farago, Chair/Barlas
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
AP/Espinoza explained to the Commission that the only window on the
proposed 2nd story at 340 N. Platina facing the project is a bathroom
window.
C/Mahlke affirmed that the only plan under consideration by the
Commission for this item is the addition on the north side which means there
is a lesser view impact for the neighbors behind the project and less
potential window conflict all around. AP/Espinoza stated that ClMahlke was
correct.
8. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: None
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Project Status Report.
CDD/Gubman reported that the Commission will now make up for having
the entire month of August off beginning with the next meeting on
September 24th during which there will be three public hearing items on the
agenda, including two residential projects (a new single family residence in
The Country and an addition in The Country) and a Conditional Use Permit
for an existing office building on North Diamond Bar Boulevard a couple of
doors south of Oak Tree Lanes and the auto center. The applicant is
proposing to enlarge their parking lot by cutting into the back slope to
accommodate more medical office tenants in the building. The September
24th meeting will be adjourned to September 25th for the first of two
scheduled joint City Council/Planning Commission Study Sessions to
introduce the General Plan document the City has been working on for the
past three years, The hope is to get everyone introduced to the documents
and provide as detailed an overview as possible and give the public an
opportunity to weigh in early in the process. There will be a public review
period that lasts for 45 days likely commencing at the end of this week and
staff wants to provide these study sessions so that when the Public
SEPTEMBER 10, 2019 PAGE 9 PLANNING COMMISSION
Hearings begin with the Planning Commission (November), Commissioners
will be prepared to move forward with informed recommendations. In
October, the Planning Commission will meet on the 22nd and again on
October 30ffi for a Special Meeting to consider the proposed hotel -anchored
project at the former Brea Canyon Boat and Storage property.
10. SCHEDULE OF FUTURE EVENTS:
As listed in the agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Barlas adjourned the regular meeting at 7:18 p.m.
The foregoing minutes are hereby approved this 24t" day of September, 2019.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
Naila Barlas, Chairperson
MINUTES OF THE CITY OF DIAMOND BAR
MEETING OF THE PLANNING COMMISSION
SEPTEMBER 24, 2019
CALL TO ORDER:
Chair/Barlas called the meeting to order at 6:32 p.m. in the City Hall Windmill Room,
21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Rawlings led the Pledge of Allegiance.
1. ROLL CALL: COMMISSIONERS: Jennifer "Fred" Mahlke, Kenneth Mok,
William Rawlings, Vice Chairperson Frank Farago and Chairperson Naila Barlas
Also present: Greg Gubman, Community Development Director; James Eggart,
Assistant City Attorney; Grace Lee, Senior Planner; May Nakajima, Associate
Planner; Natalie T. Espinoza Associate Planner; and Stella Marquez,
Administrative Coordinator.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL OF AGENDA: As. presented.
4. CONSENT CALENDAR:
4.1 Minutes — September 10, 2019:
C/Rawlings moved, C/Mok seconded, to approve Consent Calendar
Item 4.1 as presented. Motion carried by the following Roil Call vote:
AYES:
NOES:
ABSENT
5. OLD BUSINESS:
6. NEW BUSINESS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
None
None
Mahlke, Mok,,Rawlings, VC/Farago,
Chair/Barlas
None
None
SEPTEMBER 24, 2019 PAGE 2 PLANNING COMMISSION
7. PUBLIC HEARING(S):
7.1 Development Review and Minor Conditional Use Permit
No. PL2018-157 - Under the authority of Diamond Bar Municipal Code
Section 22.48 and 22.56, the applicant and property owners requested
Development Review approval to construct an addition consisting of 4,367
square feet of living area, a 349 square foot garage addition, 4,446 square
feet of deck/patio area, and 817 square feet of storage/mechanical area to
an existing 4,120 square foot, single family residence on a 49,891 gross
square foot (1.15 gross acre) lot. A Minor Conditional Use Permit was
requested to allow the continuation of an existing nonconforming structure
with a 21'-2" front setback where 30 feet is required. The subject property
is zoned Rural Residential (RR) with an underlying General Plan land use
designation of Rural Residential.
PROJECT ADDRESS: 1607 Derringer Lane
Diamond Bar, CA 91765
PROPERTY OWNER: Amit and Sandeep Kaushal
1607 Derringer Lane
Diamond Bar, CA 91765
APPLICANT: Shiv Talwar
Design Concepts
3340 Riverside Drive ##M
Chino, CA 91710
AP/Espinoza presented staff's report and recommended Planning
Commission approval of Development Review and Minor Conditional Use
Permit No. PL2018-157, based on the Findings of Fact, and subject to the
conditions of approval as listed within the Resolution.
C/Rawlings asked if the pad would be constructed on the grade that exists
or using part of it for the fill. AP/Espinoza referred to the map and stated
that the house addition would be on part of the fill which will be terraced.
C/Rawlings asked if there were any issues with mitigating the traffic that
would be supplying the fill and AP/Espinoza said she is aware that The
Country Estates charges for truckloads of dirt. In addition, applicants often
obtain fill from other projects within The Country to mitigate that concern.
SEPTEMBER 24, 2019 PAGE 3
PLANNING COMMISSION
Chair/Barlas opened the public hearing.
Amit Kaushal, property owner, introduced himself to the Commission and
briefly described the project objectives
Shiv Talwar thanked AP/Espinoza and Planning and Engineering staff for
their guidance through the project which has taken more than a year.
Chair/Barlas closed the public hearing.
C/Mok moved, C/Rawlings seconded, to approve Development Review and
Minor Conditional Use Permit No. PL2018-157, based on the Findings of
Fact, and subject to the conditions of approval as listed within the draft
resolution.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Mahike, Mok, Rawlings, VC/Farago,
Chair/Barlas
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.2 Development Review No. PL2016-195 -- Under the authority of Diamond
Bar Municipal Code Section 22 48, the applicant and property owners
requested Development Review approval to demolish an existing
3,820 square foot residence, and construct a 15,011 square foot single
family residence with 2,915 square feet of garage area; 3,599 square feet
of patio/gazebo area and, 3,491 square feet of interior and exterior storage
areas on a 1.84 gross acre (80,146 gross square foot) lot. The subject
property is zoned Rural Residential (RR) with an underlying General Plan
land use designation of Rural Residential.
PROJECT ADDRESS: 24030 Shotgun Lane
Diamond Bar, CA 91765
PROPERTY OWNER: Andrew Oei and Semiwati Tan
933 Summitridge Drive
Diamond Bar, CA 91765
SEPTEMBER 24, 2019 PAGE 4 PLANNING COMMISSION
APPLICANT: Pete Volbeda
164 N. 2"d Avenue
Upland, CA 91786
AP/Espinoza presented staff's report and recommended Planning
Commission approval of Development Review No. PL2016-195, based on
the Findings of Fact, and subject to the conditions of approval as listed
within the resolution.
C/Mok asked staff to elaborate on what a "trash bin ramp" is in connection
with this proposal. AP/Espinoza stated that it is a ramp for the trash bins to
be rolled down for access from the street by the trash hauler.
Chair/Barlas opened the public hearing.
Pete Volbeda, Architect, spoke about the project and said that this is one of
the more challenging houses he has designed because of the slope. As
mentioned in staff's report, they were able to balance the dirt, which negates
the need for dirt trucks on the streets. Because the house is above street
level, the owner was concerned about taking the trash down to the street,
thus the small ramp was included for that purpose.
CIMok asked if.the trash bins would be outside of the gate and Mr. Volbeda
said that the trash bins are next to the garage with screening and doors at
the front of them for access. C/Mok asked when the refuse truck shows up
to pick up the trash, if the bins would be at the bottom of the driveway. Mr.
Volbeda said "at the street level" and C/Mok asked if the trash truck would
have to back up the shared driveway for pickup. Mr. Volbeda said they
would typically pick up the bin from where it is standing on the street so
there should be no reason for the trucks to have to be driven up the
driveway.
Chair/Barlas closed the public hearing.
C/Rawlings moved, C/Mahlke seconded, to approve Development Review
No. PL2016-195, based on the findings of Fact, and subject to the
conditions of approval as listed within the resolution. Motion carried by
the following Roll Call vote:
SEPTEMBER 24, 2019 PAGE 5 PLANNING COMMISSION
AYES: COMMISSIONERS: Mahlke, Mok, Rawlings, VC/Farago,
Chair/Barlas
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.3 Conditional Use Permit No. PL2017-139 — Under the authority of Diamond
Bar Municipal Code Section 22.58, the property owner and applicant
requested a Conditional Use Permit to increase the medical office uses from
11,634 square feet to 16,906 square feet located within a 35,687 square
foot professional office building; construct three tiered six foot high retaining
walls and, add 19 new parking spaces. The subject property is zoned
Professional Office (OP) with an underlying General Plan land use
designation of Commercial Office (CO).
PROJECT ADDRESS: 750 N. Diamond Bar Boulevard
Diamond bar, CA 91765
PROPERTY OWNER: Johnney Y. Zhang
Zhang Group
750 N. Diamond Bar Boulevard, Suite 188
Diamond Bar, CA 91765
APPLICANT: Howard Zelefsky
9735 La Capilla Avenue
Fountain Valley, CA 92708
APINakajima presented'staff's report and recommended that the Planning
Commission continue Conditional Use Permit No. PL2017-139 to
October 30, 2019, to allow for further investigation of the parking issue.
C/Rawlings asked if the City addresses hydrology issues related to cutting
into the hillside before the project comes before the Planning Commission.
CDDIGubman explained that the matter typically comes after the Planning
Commission's consideration when construction documents are prepared
and engineering calculations and specifications are designed based on soil
and drainage conditions, as well as structural requirements set forth in
applicable building codes.
SEPTEMBER 24, 2019 PAGE 6 PLANNING COMMISSION
C/Rawlings said he would be in favor of continuing this matter to a date
certain and would like to see if some of that work could be done ahead of
time. Having grown up in the area he is aware of several springs from the
hillside and as a result, there used to be a pond near Oak Tree Lanes. He
is sure there could be hydrology issues and would like for the City to be
extra diligent on that front to save the applicants and property owners time
and money.
VC/Farago asked if there were any other plans proposed for reconfiguring
the striping to determine whether the applicant could meet the fire lane and
parking requirements if they did angle parking in combination with parallel
against the building or, were they just looking at the current configuration
for adding the spaces. AP/Nakajima said they are just looking at the current
configuration and adding spaces accordingly. The current parking stalls are
actually compact spaces which are no longer allowed.
C/Mok said that the spaces are very small and it appears to him that the
parking spaces are maxed out.
C/Mahlke said she experienced the same thing when she visited the site.
In addition, she does business in several buildings in this area. From what
she can tell from the reciprocal parking agreement documents submitted to
the Commission, several of these properties have executed their right to
show that these spots are for their customers only and that they are no
longer sharing their spaces with the adjacent properties. She wants to know
if the City has all of the information about which properties originally agreed
to share the spaces and which are the ones no longer doing so.
AP/Nakajima reminded the Commission that it is a private agreement
among the property owners and the City is not a party to a private contract.
C/Mahlke said that she understands that it is a private agreement, and
wants to understand how much, if any, the Commission needs to give
weight to in making its decision understanding there are drainage issues,
etc.
CDD/Gubman said the Commission would put zero weight into the private
parking agreement because there is no proposal for shared parking. If there
was a proposal for shared parking the City would require authorization from
property owners who have parking spaces within 300 feet of the subject
SEPTEMBER 24, 2019 PAGE 7 PLANNING COMMISSION
property to authorize shared use of the parking, for which the City would
perform an analysis in the aggregate of those properties as part of this
proposal. In this case, the City is not a party to this reciprocal parking
agreement, therefore, for purposes of this application, applies the parking
standards to the individual parcel. The Code requires off-street parking on
premises to meet the parking requirement. All of the documentation the
property owners have provided is part of a squabble among five property
owners that the City cannot be a party to.
Chair/Barlas opened the public hearing.
Howard Zelefsky, applicant, said that he believes CDDIGubman's
statement is appropriate. This is a private agreement and while one could
call it a squabble among property owners, he is not participating in that
squabble. And because they have not set out parking parameters, the
neighbors are still allowed to park on their site consistent with the easement
agreement. Mr. Zhang bought the property in 2015. In 2017 he decided to
make some capital improvements to the site including the fagade and
internal portions of the building, and to modify or allow for the option of a
small addition in the medical office. In order to achieve that without dealing
with the easement agreement, he decided to explore, totally within his
property, adding 19 more parking spaces. Toward that effort, in 2018, they
submitted two traffic reports done by Linscott, Law & Greenspan to justify
the use of the additional medical use with the corresponding number of
spaces. Staff is requesting continuance to October 30th and if asked, they
are willing to have Linscott, Law & Greenspan provide additional information
needed for the Commission to make its decision on that date. Mr. Zelefsky
stated that APINakajima has been great to work with through this process
which he very much appreciates.
Jim Wood, Stonewood Properties, owner and representative of owners of
the auto center at 780 N. and 790 N. Diamond Bar Boulevard, stated that a
letter was provided to the City about some of their concerns and their
opposition. Stonewood Properties wants to make sure there is sufficient
parking and that the parking stalls are sufficient on 750 N. Diamond Bar
Boulevard so there is no spillover and that in addition, the hydrology and
engineering concerns are looked at very carefully.
SEPTEMBER 24, 2019 PAGE 8
8
4
PLANNING COMMISSION
C/Mahlke wanted to understand the task or job of the PVC pipe running
down the hill at the site.
Richard de la Fuente, architect for the project, said that if it is white PVC
pipe it is probably the irrigation system for the trees that are being planted
according to the landscape improvements that were recently approved.
Chair/Barlas moved, C/Mok seconded, to continue the public hearing for
Development Review No. PL2017-139 to October 30, 2019, at 6:30 p.m.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Mahlke, Mok, Rawlings, VC/Farago,
Chair/Barlas
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: None
STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Protect Status Report.
CDD/Gubman reminded Commissioners that the following night the
Planning Commission and City Council meet for the first of two planned joint
workshops to unveil the new General Plan document and begin discussing
the documents with the overall purpose of covering the first four chapters.
The second meeting is scheduled for October 8th to continue review of the
chapters and time permitting, the Climate Action Plan and EIR. Should the
Commission and Council wish to have a third study session, October 22" d
is being held open for that purpose. The update process commenced three
years ago with an extensive public process and a meticulously crafted
Vision Statement, Guiding Principles and hundreds of goals and policies
that have been scrutinized, refined and vetted by the public and GPAC.
This process formed the framework for the General Plan document text and
this is a major lifetime achievement for any Planning Commission to be
involved in.
SEPTEMBER 24, 2019 PAGE 9 PLANNING COMMISSION
10. SCHEDULE OF FUTURE EVENTS:
As listed in the agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Barlas adjourned the regular meeting at 7:25 p.m.
The foregoing minutes are hereby approved this 30th day of October, 2019.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
r.
("I "-C
Naila Barlas, Chairperson
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING
WINDMILL COMMUNITY ROOM, DIAMOND BAR CITY HALL
21810 COPLEY DRIVE, DIAMOND BAR
AUGUST 8, 2019
CALL TO ORDER:
Vice Chairman Gonzalez called the meeting to order at 6:30 p,m. in the Diamond Bar City
Hall Windmill Community Room, 21810 Copley Drive, Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: Vice -Chair Gonzalez led the Pledge of Allegiance
ROLL CALL: Commissioners Surendra Mehta, Andrew Wong,
and Vice -Chair Michael Gonzalez
Absent: Commissioners Cynthia Quan and Chair
Mahendra Garg were excused.
Also Present: David Liu, Public Works Director; Christian
Malpica, Associate Engineer; Fabian Aoun,
Associate Engineer; and, Marcy Hilario,
Administrative Coordinator.
1. APPROVAL OF MINUTES:
A. Traffic and Transportation Commission Meeting Minutes of June 13, 2019.
Due to lack of quorum, approval of the June 13th, 2019 Meeting Minutes was
continued to the next regular meeting.
11. PUBLIC COMMENTS: None Offered
III. ITEMS FROM STAFF:
A. TRAFFIC STATISTICS — May and June 2019:
C/Wong asked if the Commission could get a report that compares current and
prior year's statistics.
PWDILiu responded that it was possible; however, as previously discussed, in
order to create more efficiency within the Sheriff s Department and make their
reporting efforts simpler, it was decided that they would provide the most
recent months statistics only. To that end, the Commission was provided with
last year's statistics during orientation earlier this year.
AUGUST 8, 2019 PAGE 2 T&T COMMISSION
ClMehta said he noticed that during the last few months there has been
increased patrol at stop signs. He sees people not obeying stop signs,
especially on the side streets, and he can see why citations have increased. It
would be interesting to know if the same types of collisions and their locations
are happening and he would like to see locations and codes for violations on
the report.
PWDILiu said that when reports are written on accidents that occur in the
public right-of-way, they are filed and copies are provided to staff. Staff
reviews pertinent information within the report to ascertain whether follow up
actions are needed.
ClMehta moved, CNVong seconded, to Receive and File the May and June
2019 Traffic Statistics. Motion carried by the following Roll -Call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
Mehta, Wong, VC/Gonzalez
None
Quan, Chair/Garg
B. ADOPTED FY 2019-2020 CAPITAL IMPROVEMENT PROGRAM (CIP)
AEIAoun provided staffs report noting that during the previous fiscal year,
there were a. total of 31 projects with a budget of over $10 million, with 17
completed projects totaling about $5.6 million. Remaining carry-over projects
are either in design or under construction and will be carried over to the current
fiscal year with an estimated value of approximately $4.3 million.
There are a total of 25 projects for Fiscal Year 2019-2020, with a total budget
of $8.6 million; 11 new projects and 14 carryover projects. Projects are split
into five categories including street improvement, traffic management and
safety, transportation infrastructure, miscellaneous Public Works
improvements, and facilities, parks and recreation improvements. AEIAoun
highlighted projects within each category.
Staff continues to pursue funding for the following unfunded projects: Heritage
Park Improvements Construction (approximately $6 million); Sunset Crossing
Park (approximately $5-6 million), and Diamond Bar Boulevard "Complete
Streets" Construction (approximately $6 million), for which the City is currently
pursuing a $3 million SGVCOG Measure and Measure M MSP grant. For
Fiscal Year 2019-2020, the City is using approximately $250,000 of General
Fund Reserves, which is a large decrease from last year's use of General
Fund Reserves. Most projects have been funded through Measures, Grants
and other sources to protect General Fund monies.
PWDILiu referred to the completed long-term financial forecast. He stated that
this is a financial report that looks at the financial stability of the City and all of
the possibilities in terms of additional resources or increases in funding
revenue streams and looks at everything in play within the City. The report is a
AUGUST 8, 2019 PAGE 3 T&T COMMISSION
10-year forward -looking document and specific financial information will be
incorporated into a five-year CIP. For the future, the City can continue to make
solid financial decisions and continue to make sure that everything the City
builds and maintains is based on needs and priorities.
VC/Gonzalez moved, C/Mehta seconded, to receive and file the Adopted
Fiscal Year 2019-2020 Capital Improvement Program (CIP). Motion carried by
the following Roll Call vote:
AYES: COMMISSIONERS: Mehta, Wong, VC/Gonzalez
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Quan, Chair/Garg
C. MONTHLY UPDATES OF VARIOUS PROJECTSIPROGRAMS:
a) Adaptive Traffic Control Signal System (ATCS) —AEIMalpica —Staff
worked with the vendor to conduct a city-wide detection survey and
brought additional recommendations and upgrades to the system to
take advantage of full functionality of the new Adaptive Traffic Control
Signal System. Recommendations were taken to the City Council's July
16"' meeting for approval and staff is moving forward with the vendor to
procure the equipment for construction and installation in August.
Completion is scheduled for the end of this calendar year.
b) Copley Drive[Golden Springs Drive Intersection Improvement —
AEIMalpica — Staff continues to work with the consultant to complete
the beautification enhancement design and expects to have a draft
proposal in the next few months. This project may be bundled with
another project that comes before the City to include slurry seal and
striping to save money overall.
c) Lemon Avenue Interchange Project — AEIMalpica -- As part of the
close-out of this project, staff has been working with the consultant,
contractor, and other municipalities to inspect and conclude punch list
items. These include landscaping, striping, two signals, and slurry seal.
Following documentation of completion of these housekeeping items,
the project will be deemed completed.
d) Grand Avenue/Golden Springs Drive Intersection Improvements —
AEIMalpica—The City of Industry received proposals on June 20th and
is scheduled to award the contract on August 22nd, with construction to
commence in September 2019.
e) Diamond Bar Boulevard Complete Streets Corridor — AE/Aoun —
The consultant continues to work on the design plan with staff and
continues to pursue additional funding. The City of Diamond Bar has
been approved for the $3 million Measure M Grant and is currently
AUGUST 8, 2019 PAGE 4 T&T COMMISSION
IV.
LTA
working with METRO to get the funding agreement established and
executed in order to receive the construction budget.
f) TR63623 —South Pointe Residential Development/Larkstone Park —
AEIAoun —This is the last phase of the project. There are 14 homes to
be finalized, most of which are constructed with interior and minor items
to be concluded for the entire site. The City is conducting site
inspections of the entire community, which include homes, streets,
utilities, and general construction site upkeep and cleanliness. Staff is
working closely with the developers to finalize the entire project.
g) Diamond Ranch Shopping Center (Sprouts/Chipotle/Coffee
Bean/Ross/The Habit) and McDonald's Redevelopment —AE/Aoun -
The Phenix Salon, next to Sprouts, opened in July. There are no
updates at this time as to who will occupy the empty tenant space next
to Ross.
ClMehta asked about the scope of the Phenix Salon business.
AEIAoun responded that, to his knowledge, it is a hair salon and he
believes they are pursuing permits to include spa features.
VC/Gonzalez moved, Chong seconded, to receive and file the updates
on Various Projects/Programs. Motion carried by the following Roll Call
vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
NEW BUSINESS: None
STATUS OF PREVIOUS ACTION ITEMS:
Mehta, Wong, VCIGonzalez
None
Quan, Chair/Gang
ClMehta stating that the issue of entering The Country Estates via the Grand Avenue
entry has not been solved. The shrubs are impeding the line -of -sight for drivers
proceeding west and attempting to make a left turn into the gated community.
AE/Malpica responded that staff has trimmed the shrub back and will look for another
possible solution. The shrub can be trimmed only so much without causing it to die,
according to the Arborist.
VI. ITEMS FROM COMMISSIONERS: None
VII. SCHEDULE OF FUTURE CITY EVENTS: As noted in the Agenda
PWD/Liu stated that the September 31d City Council meeting has been canceled.
AUGUST 8, 2019 PAGE 5 T&T COMMISSION
He went on to share that the Parks and Recreation Department is considering holding
quarterly commission meetings, rather than monthly meetings. Our Traffic and
Transportation Commission, similar to the Parks and Recreation Commission, is an
advisory committee to the City Council. The P&R Commission is requesting staff to
consider a more workable schedule to avoid routine monthly items. They will consider
this option at their August 22nd meeting. PWDILiu indicated that he will report back to
the Traffic and Transportation Commission in September with further
recommendations.
C/Mehta felt it would be a good idea and be much more efficient with respect to staffs
time and effort to hold commission meetings quarterly. He realizes the same items
are covered over and over.
On another note, PWDILiu reported that staff is currently working on a potential
Neighborhood Traffic Management Program (NTMP) Project in the area of Pantera
Elementary School. Residents will be invited to attend our September '12th meeting to
voice their concerns and staff will introduce the program.
ADJOURNMENT, There being no further business to come before the Traffic and
Transportation Commission, Vice Chair Gonzalez adjourned the meeting at 7:25 p.m.
The foregoing minutes are hereby approved this 1 day of 0F, , 2019.
Attest:
e/ice ap on
=Iiu,
ted,
ary
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING
WINDMILL COMMUNITY ROOM, DIAMOND BAR CITY HALL
21810 COPLEY DRIVE, DIAMOND BAR
SEPTEMBER 12, 2019
CALL TO ORDER:
Chairman Garg called the meeting to order at 6:31 p.m. in the Diamond Bar City Hall
Windmill Community Room, 21810 Copley Drive, Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commission Quan led the Pledge of Allegiance.
ROLL CALL; Commissioners Cynthia Quan, Andrew Wong,
Vice -Chair Michael Gonzalez and Chair/Mahendra
Garg
Absent:
Commissioner Surendra Mehta was excused.
Also Present: David Liu, Public Works Director; Christian
Malpica, Associate Engineer; Fabian Aoun,
Associate Engineer; and, Marcy Hilario,
Administrative Coordinator.
I. APPROVAL OF MINUTES:
A.
B.
Traffic and Transportation Commission Meeting Minutes of June 13, 2019.
C/Quan moved, VC/Gonzales seconded, to approve the Meeting Minutes of
June 13, 2019. Motion carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
Quan, VC/Gonzalez, Chair/Garg
None
Wong
Mehta
Traffic and Transportation Commission Meeting Minutes of August 8, 2019.
Due to lack of quorum, approval of the August 8, 2019 Meeting Minutes was
continued to the next regular meeting.
li. PUBLIC COMMENTS: None
SEPTEMBER 12, 2019 PAGE 2 T&T COMMISSION
lll. ITEMS FROM STAFF:
TRAFFIC STATISTICS — July 2019:
CNVong moved, C/Quan seconded, to Receive and File the July 2019 Traffic
Statistics. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Quan, Wong, VC/Gonzalez,
Chair/Garg
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Mehta
B. MONTHLY UPDATES OF VARIOUS PROJECTS/PROGRAMS:
a) Adaptive Traffic Control Signal System (ATCS) — AEIMalpica — The
contractor is installing and replacing equipment necessary to activate
this system within the next few months. Field work is expected to be
completed in the next two weeks and the network system upgrades will
be completed shortly thereafter. This project is expected to be fully
completed by end of December.
b) Copley Drive/Golden Springs Drive Intersection Improvement —
AE/Malpica — Upon completion of the striping plan staff determined that
it will be bundled with one of the upcoming CIP's.
c) Lemon Avenue Interchange Project — AEIMalpica — Staff will close
out this project as soon as the paperwork is completed.
d) Grand Avenue/Golden Springs Drive Intersection Improvements —
AEIMalpica —The City of Industry awarded the construction contract on
August 22nd. The project will provide improvements on Grand
Avenue/Golden Springs Drive, including widening one lane, sidewalk
widening, traffic signal modification with decorative poles as well as,
streetscape enhancements. Construction is scheduled to commence
September/October.
e) Diamond Bar Boulevard Complete Streets Corridor — AE/Aoun —
The consultant continues to work on the design plan with staff and staff
continues to pursue additional funding for the construction. Staff will
update the Commission when construction is scheduled.
f) TR63623 — South Pointe Residential Development(Larkstone Park —
AEIAoun — The last phase continues which includes 14 homes that are
currently under construction. The contractor will complete slurry seal of
all streets within the project to finalize construction.
SEPTEMBER 12, 2019 PAGE 3 T&T COMMISSION
g) Diamond Ranch Shopping Center (Sprouts/Chipotle/Coffee
Bean/Ross/The Habit) and McDonald's Redevelopment —AE/Aoun—
Staff will update the Commission when information becomes available
about who will occupy the empty tenant spaces.
C/Quan moved, VC/Gonzales seconded, to receive and file the updates
on Various Projects/Programs. Motion carried by the following Roll Call
vote:
AYES: COMMISSIONERS: Quan, Wong, VC/Gonzalez,
Chair/Garg
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Mehta
IV. NEW BUSINESS:
PANTERA DRIVE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM
(NTMP).
AE/Malpica presented staffs report and recommended that the Traffic and
Transportation Commission receive public comments regarding the proposed
Pantera Drive NTMP.
Stephanie L.ubian, 823 Rexford Court, stated that not only is speeding a
problem, but in her opinion, the signage will not help at all because 90 percent
of the traffic on Summitridge Drive and Pantera Drive run the stop signs.
Erica Ramirez, 674 Pantera Drive, said that her street is curved and children
crossing the street are in jeopardy because drivers flying down the street do
not have a clear line of sight. In the evenings, the park is extremely busy and
vehicles are coming down Pantera Drive at increased speeds. She also does
not believe signage will help. This is a growing community with an elementary
school and lots of traffic.
Candi Holden, 608 Sky Court, has back injuries and finds it difficult to drive on
streets with speed humps. If the problem is speeding and stop signs, this is a
law enforcement issue. She would favor increased patrol in the area instead of
parking humps. In addition, it might help for the school to have a crossing
guard.
Rhonda Mekhail, 909 Pantera, asked for speed humps several years ago due
to speeding traffic and failure of drivers to stop at the stop signs. She felt that
a crossing guard would not help, nor would blinking lights or signage. Ms.
Mekhail feels speed humps are important and she was told years ago that they
would impede safety vehicles and fire trucks from being able to get to the
school in time, in case of an emergency. She is thankful this program has
been initiated because she cannot let her children play outside for fear they will
be hit by a car.
SEPTEMBER 12, 2019 PAGE 4 T&T COMMISSION
A speaker asked for statistics on the speed humps on Leyland Drive and
wanted to know if they had made any changes in traffic behavior.
PWD/Liu explained that the speed humps were done as a pilot project and
ultimately, staff determined that speed cushions were just as effective, which
slows traffic. Staff concluded that speed humps were not something that
should be done in Diamond Bar and as a result, guidelines and tools were
established for the NTMP, one of which was the speed cushions. They are
constructed with the spacing to accommodate the service vehicles to respond
within their requirements.
AE/Malpica stated there is a difference in design between speed humps, speed
bumps and speed cushions. As PWD/Liu explained, the speed bumps and
speed humps are based on different heights and extend the entire width of the
street. Speed cushions have divisions between them to allow emergency
vehicles to pass through unimpeded. With the NTMP guidelines, the City is no
longer considering gutter to gutter speed humps and speed bumps.
Adam Tran, 751 Pantera Drive, (next door to Pantera Elementary School),
asked if there would be follow-up meetings after tonight's discussion. He is
disappointed that more families (from the affected area) are not participating
this evening. It is a challenge to get people to open their doors to discuss this
program because he and his wife went door to door in their neighborhood
attempting to promote tonight's meeting. Mr. Tran's number one concern is
speeding, which is something he and his wife observe in the morning when
they leave to drop their kids off for school and in the middle of the day when
parents pick up their kids. It is not only that people are speeding, many
parents park across the street from the school waiting to pick up their kids and
the kids tend to rush across the street to get to their parents. Heading north
down Pantera Drive, there is a blind spot and he has observed parents rushing
across the street to prevent the kids from being hit. He spoke to the principal
of the elementary school last year but has not spoken with the new principal.
His wife spoke with the new principal and was told the school had been trying
for years to get a crosswalk for the parents and students. From 6 .p.m. to 10
p.m. there are young people speeding out of the park and up and down the
street.
Trichia Tran, 751 Pantera Drive, said she was the person who initiated this
process. When she and her husband were going door-to-door, they
encountered a big language barrier. Many residents speak Chinese or
Mandarin and her husband speaks neither. Also, many residents did not want
to answer the door or, if they did, they answered it by yelling at her and telling
her to get off of their property through their doorbell security system.
Therefore, Ms. Tran and her husband began walking together with their
children and encountered a problem with dogs rushing out of houses and going
for her baby in its stroller, There is quite a curve on Pantera Drive and, as a
stay-at-home mom, she has a view from her bedroom window of the entire
street and said that for her, it is more about speeding than traffic and quite
often, cars speed right through the stop signs. A couple of Ms. Tran's goals
led to her initiating this program: 1) A speed bump to help slow traffic going
SEPTEMBER 12, 2019 PAGE 5 T&T COMMISSION
down Pantera Drive to Bowcreek Drive at the curve where the elementary
school ends, and 2) protection for families trying to cross the street to take
advantage of programs in the park. In addition, there are skateboarders that
come to the area at about 3:00 a.m. who start at the top of the hill, hang onto
the back bumpers of cars and let go to speed down the hill. She feels the
speed humps will help in this instance as well. She wished the signage would
help but does not believe it will.
Richard Young, 675 Bowcreek Drive, shared he has called the Sheriff's
Department and sent them an email to let them know that, as a neurosurgeon
he sees trauma with high speed injuries and kids getting hit. He has a 4-year
old and 2-year old and does a lot of yard work out in front of his home and
since sending the email he has noticed an increase in police presence. The
issue is that everyone is rushed and everything people have said happens on a
daily basis because of all of the activities at the park. Safety is number one
and when his 2-year old ran out into the street to retrieve a ball, he felt that was
the last straw and he needed to take action. He believes speed bumps and
street narrowing are a great deterrent. However, with all of the street parking,
the street is narrower and it is already essentially a two-lane street. Fire
Station 121 is just down the hill and he did not believe speed humps would
appreciably delay them in getting to Pantera Elementary. Another option is
speed dips which he has seen in the City of Los Angeles.
Larry Holden, 608 Sky Court, stated that he concurs with everything that has
been said and the bottom line is that traffic needs to be slowed down on
Pantera Drive. As previously stated, speed bumps will be an issue for his wife
as they have already changed their path of travel from Leyland Drive to
Summitridge Drive. He felt that enforcement could be increased and asked if it
costs more for the City to ask for patrols on Pantera Drive and whetherthe City
has input on where the Sheriffs Department patrols.
VC/Gonzalez indicated that when the Sheriff's Department receives a
complaint and the City makes a complaint directly to the Sheriff's Department,
a patrol request is forwarded to the department and the units working that area
pick those up on a daily basis.
Mr. Holden continued that people are saying signage will not work; however,
he agrees there should be a crosswalk at Pantera Elementary School and
another stop sign between Rexford Court and Bowcreek Drive at the
crosswalk, including increased enforcement.
C/Quan added that she understands the speakers' concerns. She was a
principal at Golden Springs Elementary and at Ranch Oaks and she witnessed
instances of drivers that did not follow signage. Even with a crossing guard,
there continues to be moments of anxiety. The crosswalk helps; however, does
not completely deter any speeding. The best thing is education and
enforcement presence. C/Quan shared that every time she requested
enforcement presence; drivers behaved themselves. Once the Sheriff's car
moved out of the area, they returned to their old habits.
SEPTEMBER 12, 2019 PAGE 6 T&T COMMISSION
PWD/Liu reminded the Commission and the audience about the process the
City must take in this effort. Tonight's meeting is an introductory meeting, the
purpose of which is to gather additional input from residents. Staff has been in
conversation with some of the residents over the past few months. In addition,
increased enforcement and additional signage were implemented on that
stretch of Pantera Drive. It is clear that whatever is agreed upon has to be
done through this consensus building process, which means that staff will
continue with outreach to the residents. Ultimately, in order to be successful,
the majority of the residents will need to support the traffic calming devices.
Bottom line, with respect to speeding, the only permanent solution that would
help address that issue would be the speed cushions. However, in order to
implement speed cushions, certain standards have to be met. Also, everyone
needs to keep in mind that they will be permanent roadway features, which can
only be reversed through this same process and approved by a majority of
affected residents. Staff sent out about 170 letters inviting people to tonight's
meeting and only about 10 are present. Based on past experience, however,
tonight's turnout is good, but there needs to be a continuing outreach effort.
Crosswalks and stop signs will not work. Stop signs are traffic "regulatory"
signs and are not meant to slow down traffic, but are designed and enforced to
make sure there is proper traffic assignment (orderly movement of vehicles
through intersections). Without the presence of law enforcement, people will
continue to roll through the stop signs. There will also need to be a dialogue
with the school officials.
PWD/Liu added that staff will continue reaching out to residents. This program
was initiated after staff talked with Mr. and Mrs. Tran. All stakeholders have to
participate in this effort. This could be a phased or incremental approach.
Staff will continue to work with the Sheriffs Department to make sure they are
present; however, they cannot be on -site 24/7. There is a dedicated black and
white that visits each of the schools on a rotational basis. PWD/Liu believes
the school district can play a very important part by educating parents and
understanding what they need to do to create a safe environment for the
students.
Chair/Garg thanked residents for their participation.
2. TRAFFIC AND TRANSPORTATION MEETING SCHEDULE.
Chair/Garg asked whether the Commissioners would prefer a bi-monthly or
quarterly meeting. Staffs recommendation is to adopt Option A (bi-monthly).
PWD/Liu stated that the Parks and Recreation Commission discussed this at
their August meeting and agreed 3-1 to opt for bimonthly meetings (January,
March, May, July, September and November).
PWD/Liu said that if the Commission were to consider bi-monthly meetings,
staff would move forward to provide bi-monthly packets. However, at any
given time, if the Commission needs to discuss critical items, a special meeting
can be scheduled. Ultimately, whatever option the Commission decides, the
matter will be referred to the City Council for approval and adoption. In
SEPTEMBER 12, 2019 PAGE 7 T&T COMMISSION
discussing this matter with PRDMlright, perhaps the T&T Commission could
meet in alternating months of the Parks and Recreation Commission
(February, April, June, August, October and December) or visa versa to
provide better and continuous customer service and coverage.
VC/Gonzalez moved, ClQuan seconded, to recommend that the City Council
approves the meeting schedule for the Traffic and Transportation Commission
to meet bi-monthly. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
V. STATUS OF PREVIOUS ACTION ITEMS
VI. ITEMS FROM COMMISSIONERS:
Quan, Wong, VC/Gonzalez,
ChairlGarg
None
Mehta
None
VC/Gonzales stated that just off the intersection of Gold Rush Drive and Chandelle
Place near Pantera Drive, one of the stop signs is obstructed by tree overgrowth.
Staff will look into this matter and rectify.
VII. SCHEDULE OF FUTURE CITY EVENTS: As noted in the Agenda
ADJOURNMENT: There being no further business to come before the Traffic and
Transportation Commission, Chair Garg adjourned the meeting at 8:06 p.m.
The foregoing minutes are hereby approved this ,i; day of12019.
Respectfully Submitted,
Da ' G. tiu, Secretary
Attest:
� � f
Mahendra Gard.LI:va1fperson
6.3
Agenda #: 6.3
Meeting Date: November 5, 2019
CITY COUNCIL AGENDA. REPORT
7,1
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager i e�
TITLE: RATIFICATION OF CHECK REGISTER DATED OCTOBER 10, 2019
THROUGH OCTOBER 30, 2019 TOTALING $1,139,677.10.
STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $1,139,677.10.
BACKGROUND/DISCUSSION:
The City has established the policy of issuing accounts payable checks on a bi-weekly
basis with City Council ratification at the next scheduled City Council Meeting.
The attached check register containing checks dated October 10, 2019 through October
30, 2019 totaling $1,139,677.10 is being presented for ratification. All payments have
been made in compliance with the City's purchasing policies and procedures, and have
been reviewed and approved by the appropriate departmental staff. The attached
Affidavit affirms that the check register has been audited and deemed accurate by the
Finance Director.
PREPARED BY:
iAAA
1W &ff
Luisa len, cco nti g ec nic n 11/5f2019
Packet Pg. 80
N AT/ I AVY1411:YF
6.3
ra aredo"Ilk-
anna oneywell, Finn irector 10/2412019
Attachments:
1. 6.3.a Check Register Affidavit 11-5-2019
2. 6.3.b Check Register 11-5-2019
Packet Pg. 81
6.3.a
CITY l: DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated October 10, 2019 through October 30, 2019 has been audited
and is certified as accurate. Payments have been allowed from the fallowing funds in
these amounts:
Description
Amount
General Fund
$556,956.52
General Plan Revision Fund
$2,120.23
OPEB Reserve Fund
$1,224.00
Prop A - Transit Fund
$27,702.37
Prop C - Transit Fax Fund
$20,447.36
Intergrated Waste Management Fund
$23,490.64
CASP (SB1186) Fee
$222.00
PEG Fees Fund
$2,598.00
LLAD 38 Fund
$24,096.64
LLAD 39 Fund
$30,441.27
LLAD 41 Fund
$37,274.16
Capital Imp Projects Fund
$338,340.77
Vehicle Maint/Reel Fund
$5,732.95
Equip Maint / Rep] Fund
$69,030.19
$1,139,677.10
Signed:
Dianna Honeywell
Finance Director
Packet Pg. 82
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6.4
Agenda #: 6.4
Meeting Date: November 5, 2019
CITY COUNCIL AGENDA REPORT
7,1
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: TREASURER'S STATEMENT
STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve the September 2019 Treasurer's Statement.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Consistent with City policy, the Finance Department presents the monthly Treasurer's
Statement to the City Council for review and approval. This statement shows the cash
balances with a breakdown of various investment accounts and the yield to maturity
from investments. This statement also includes an investment portfolio management
report which details the activities of investments. All investments have been made in
accordance with the City's Investment Policy.
PREPARED BY:
OM or Aco U I rLd n L 11/512019
Packet Pg. 94
N AN I AVY1411:YF
6.4
ra areda"IWF
anna oneywell, Finn irector 10/2412019
Attachments:
1. 6.4.a September 2019 Treasurer's Report
2. 6.4.b September 2019 Investment Portfolio Report
Packet Pg. 95
64.a
CITY OF DIAMOND BAR - CITY TREASURER'S REPORT
CASH BALANCE AS OF SEPTEMBER 30, 2019
BEGINNING CASH BALANCE $41,702,099.92
CASH RECEIVED
Cash Receipts
$1,628,664.41
Total Cash Received
$1,628,664.41
$43,330,764.33
EXPENDITURES
Checks Written
($1,424,655.47)
Payroll & Pers Transfers
(565,957.70)
Wire Transfers
(55,349.43)
Returned Checks
0.00
Charge Card Fees & Other Adjustments
(2,444.53)
Total Expenditures
($2,048,407.13)
CASH BALANCE AS OF: SEPTEMBER 30, 2019
$41,282,357.20
TOTAL CASH BREAKDOWN
Active Funds
General Account
$924,348.22
Payroll Account
$49,335.31
Change Fund
$1,600.00
Petty Cash Account
$500.00
Parking Account Minimum
$250.00
Cash With Fiscal Agent
$446.09
Cash With OPEB Trust
$353,765.94
Amount Unamortized on Investments
$51,325.16
Total Active Funds
$1,381,570.72
Investment Funds:
Federal Credit Union
$1,738,000.00
Local Agency Investment Fund
$11,401,598.78
Corporate Notes
$3,963,237.65
Federal Agency Callable
$7,478,831.49
Bank Negotiable CDs
$10,350,538.90
Municipal Bonds
$4,968,579.66
Wells Fargo Advantage Money Market Fund
$0.00
Total Investment Funds
39,900,786.48
CASH BALANCE AS OF: SEPTEMBER 30, 2019 $41,282,357.20
Fiscal Year -To -Date Effective Rate of Return 2.18%
Fiscal Year -To -Date Interest Earnings $221,922.96
FY2019-20 Budgeted Annual Interest Earnings $592,750.00
Packet Pg. 96
6.4.a
CITY OF DIAMOND BAR
INVESTMENT PORTFOLIO SUMMARY REPORT
September 30, 2019
INVESTMENTS
BOOK VALUE
PERCENT OF
PORTFOLIO
TERM
DAYS TO
MATURITY
YIELD TO
MATURITY
Federal Credit Union CD
$1,738,000.00
4.36%
1,270
833
2.514
Local Agency Investment Fund
$11,401,598.78
28.57%
1
1
2.280
Corporate Notes
$3,963,237.65
9.93%
1,715
997
2.432
Federal Agency Issues - Callable
$7,478,831.49
18.74%
1,739
247
1.805
Negotiable CD's - Banks
$10,350,538.90
25.94%
1,729
850
2.031
Municipal Bonds
$4,968,579.66
12.45%
1,629
499
1.960
Wells Fargo Sweep Account
$0.00
0.00%
0
0
0.000
Total Investments and Averages $39,900,786.48 100.00% 1,203 465 2.112
TOTAL INTEREST EARNED
(a�
2
Da el Fox
City Treasurer
10/24/2019
MONTH ENDING
September 30, 2019
$71,791.58
FISCAL YEAR-TO-DATE
2019-20
$221,922.96
I certify that this report accurately reflects all City pooled investments
and is in conformity with the investment policy of the City of Diamond Bar
approved by City Council and on file in the City Clerk's office. The investment program
herein provides sufficient cash flow liquidity to meet the next six months estimated
expenditures.
Page 1 Packet Pg. 97
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7.1
CITY COUNCIL
Agenda #: 7.1
Meeting Date: November 5, 2019
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager j L
TITLE: ORDINANCE NO. XX (2019) - AMENDMENTS TO DIAMOND BAR
MUNICIPAL CODE SECTIONS 2.32.040(G), 2.36.040(G) AND
2.40.040(G) REVISING COMMISSION MEETING TIMES.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Open the public hearing, receive public testimony, introduce first reading by title only,
waive full reading of Ordinance No. XX (2019) and schedule the second reading and
adoption at the next regularly scheduled City Council meeting.
FINANCIAL IMPACT:
No financial impact.
BACKGROUND:
At the May 23, 2019 Parks and Recreation Commission meeting, the Commissioners in
attendance requested City staff review the current monthly meeting schedule. The
Commission was interested in evaluating the frequency of the current monthly meeting
schedule to improve time management and operational efficiencies. Commissioners
expressed interest in such a review based on recent Commissioner meeting
attendance, pertinent agenda items, and meeting length, which has decreased over
time.
City staff presented a staff report at the August 22, 2019 Parks & Recreation
Commission meeting, analyzing recent Commissioner and public comments, meeting
agenda items, and presented two different options that may better meet the
Commission's and resident's needs.
The Parks and Recreation Commission was reminded they could schedule an additional
meeting, if needed, regardless of the current or future meeting schedule. If the situation
arises, the Commission has the ability to call a special meeting to address a time
Packet Pg. 104
7.1
sensitive matter. At the conclusion of the discussion, a motion was made and passed
with a vote of 3-1-1 (Sulakhe opposed, Hsieh absent), recommending that the City
Council establish a bi-monthly (every other month) Commission meeting schedule.
Similarly, at the September 12, 2019 Traffic & Transportation Commission meeting, the
Commissioners in attendance were presented with bi-monthly and the quarterly meeting
options. City staff added that, at any given time, if the Commission needs to discuss
critical items or the needs arise, a special meeting can be scheduled accordingly. The
Traffic and Transportation Commission with vote of 4-0-1 (Mehta absent) also made a
recommendation to the City Council to establish a bi-monthly (every other month)
Commission meeting schedule.
No changes are proposed to the Planning Commission regular meeting schedule which
meets twice a month.
In order to implement such a schedule change, it is necessary to amend several
sections of the Municipal Code which reference monthly meetings of the Commissions.
The proposed Ordinance (Attachment 1) provides revised language to Diamond Bar
Municipal Code Sections 2.32.040(g), 2.36.040(g) and 2.40.040(g) to allow Commission
meeting dates, locations and times to be established by City Council Resolution. A
redline/strikeout version of the code provisions (Attachment 2) is included for reference.
Should the Council choose to introduce the Ordinance, it would be scheduled for a
second reading and adoption at your next meeting on November 19, 2019. At that time,
a Resolution would be provided that would set the regular meeting times for the Parks
and Recreation, and Traffic and Transportation Commissions to meet in the months of
January, March, May, July, September and November.
ANALYSIS:
The Parks and Recreation Commission currently hold regular meetings on the fourth
Thursday of the month. The Traffic and Transportation Commission currently hold
regular meetings on the second Thursday of the month. Both Commissions meet at
6.30 pm in the Windmill Community Room at City Hall. City staff recognizes the time
commitment provided by each Commissioner and values their dedication to the
community. As advisory boards, both Commissions provide necessary suggestions and
community feedback to City staff. Each monthly agenda typically provides informational
items such as the monthly reports and a brief staff presentation regarding agenda items
which are routine in nature. Although Commissioners are Diamond Bar residents, many
work outside of the City and even Los Angeles County which can at times pose a
logistical challenge for Commissioners to attend every meeting. Based on varying work
schedules, traffic conditions and schedule conflicts, Commissioner attendance has
varied over the past year and at times resulted in a lack of quorum.
Although the information provided by City staff each month is summarized, all programs
and services offered by Parks and Recreation, along with Public Works park
maintenance updates are provided to the Parks and Recreation Commission. Only on
occasion will an agenda item be added that is unique and require specific Commission
Packet Pg. 105
7.1
attention. These items could also include recognition of youth sportsmanship award
winners or park design discussions and occur approximately three or four meetings per
year.
Similarly, as informational items, the Traffic and Transportation Commission receive
monthly updates of various projects and programs along with the Sheriff's Department
Traffic Statistics Report. In recent years, staff has also been scheduling/combining
Neighborhood Traffic Management Program (NTMP) meetings with the residents at the
commission meetings on an as -needed basis.
Determined by the number of Commissioners in attendance and scheduled agenda
items, the average Parks and Recreation Commission meeting lasts approximately 30
minutes and the average Traffic and Transportation Commission meeting lasts
approximately 30 to 60 minutes. While these meetings are efficient and run in proper
order, the time required by Commissioners and staff to prepare, commute, and
implement a business meeting could be more effective if scheduled in another manner.
When reviewing the past 10 to 12 months, both Commissions rarely receive public
comments as most residents prefer expedited feedback by contacting City staff via the
phone, email, or social media rather than delaying for a monthly meeting.
Based on recommendations from both the Parks and Recreation and the Traffic and
Transportation Commissions, the proposed Ordinance would allow the City Council to
establish Commission meeting dates, locations and times by Resolution. This would
match the process for City Council meetings under Section 2.08.010 - Meetings of City
Council that states; "The date and time of regular meeting shall be established by
resolution of the City Council." This would also provide for greater flexibility to meet
current and future scheduling modifications without the need to amend the Ordinance.
Should the Ordinance be introduced, an accompanying Resolution would be presented
at the November 19, 2019 meeting to establish a bi-monthly (every other month)
meeting schedule beginning in January 2020 for the Park and Recreation and the
Traffic and Transportation Commissions. Meetings are recommended to be held in the
months of January, March, May, July, September and November for both Commissions.
This schedule would allow for important annual meetings, such as the Parks and
Recreation Commission recognizing volunteer coaches each March and May. This
meeting schedule has been successfully utilized by the Parks and Recreation
Departments in San Dimas, San Marino, and Norco.
Again, no changes are proposed to the Planning Commission meeting schedule which
hold regular meetings twice a month.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Ordinance.
;J Z14;7i =111:Yfi
Packet Pg. 106
7.1
a //I
OE IFA
DWrd G.171T Pu-b is Works I
r torlci Engineer
PREPARED BY:
AR, 41,ow-la"k
31 Ryan ight, Parks Ad-RecreliTh Director 11/512019
REVIEWED BY:
Attachments:
1. 7.1.a Ordinance No. XX (2019) Commission Meeting Times
2. 7.1.b Commission Time Ordinance Redline Sections
Packet Pg. 107
7.1.a
ORDINANCE XX (2019)
AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AMENDING DIAMOND BAR MUNICIPAL CODE SECTIONS
2.32.040(g), 2.36.040(g), AND 2.40.040(g) OF
TITLE 2, ADMINISTRATION AND PERSONNEL,
PROVIDING FOR COMMISSION MEETING TIMES TO BE SET BY
RESOLUTION.
WHEREAS, the Diamond Bar Municipal Code sets forth the time and place for the
regular meetings for the Parks and Recreation Commission, Planning Commission, and
Traffic and Transportation Commission; and
WHEREAS, the City Council has determined that the date, location and time of
such Commission regular meetings shall be established by Resolution of the City Council.
NOW, THEREFORE, the City Council of the City of Diamond Bar does ordain as
follows..
SECTION I: PARKS AND RECREATION COMMISSION. Subsection (g) of
Section 2.32.040 of the Diamond Bar Municipal Code, entitled "Organization and terms
of office; filling of vacancies in office; officers; meetings.", is hereby amended to read as
follows..
"The parks and recreation commission shall, at its first regular meeting in
March of each calendar year, elect a chairperson from among its appointed
members for a term of one year, and may create and fill such other offices
as it may determine appropriate. The date, location and time of regular
meetings shall be established by Resolution of the City Council. The
Commission may also conduct other meetings at such additional times as
deemed necessary."
SECTION II: PLANNING COMMISSION. Subsection (g) of Section 2.36.040 of
the Diamond Bar Municipal Code, entitled "Organization and terms of office; filling of
vacancies in office; officers; meetings.", is hereby amended to read as follows:
"The planning commission shall, at its first regular meeting in March of each
calendar year, elect a chairperson from among its appointed members for
a term of one year, and may create and fill such other offices as it may
determine appropriate. The date, location and time of regular meetings
shall be established by Resolution of the City Council. The Commission
may also conduct other meetings at such additional times as deemed
necessary."
1450870.1
Packet Pg. 108
7.1.a
Ordinance No. XX (2019)
Page 2
SECTION III: TRAFFIC AND TRANSPORTATION COMMISSION. Subsection
(g) of Section 2.40.040 of the Diamond Bar Municipal Code, entitled "Organization and
terms of office; filling of vacancies in office; officers; meetings.", is hereby amended to
read as follows:
"The traffic and transportation commission shall, at its first regular meeting
in March of each calendar year, elect a chairperson from among its
appointed members for a term of one year, and may create and fill such
other offices as it may determine appropriate. The date, location and time
of regular meetings shall be established by Resolution of the City Council.
The Commission may also conduct other meetings at such additional times
as deemed necessary."
SECTION IV: Pursuant to Government Code §36937 this Ordinance shall take effect 30
days after adoption by the City Council. The City Clerk is directed to certify the passage and
adoption of this Ordinance: cause it to be entered into the City of Diamond Bar's book of
original ordinances; make a note of the passage and adoption in the records of this
meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance,
cause it to be published or posted in accordance with California law.
ADOPTED this _ day of , 2019.
Carol Herrera, Mayor
Approved to as Form:
David A. DeBerry, City Attorney
1450870.1
Packet Pg. 109
7.1.a
Ordinance No. XX (2019)
Page 3
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on
the _ day of , 2019, and was duly passed and adopted at a regular meeting of the City
Council of the City of Diamond Bar held on the day of , 2019, by the following vote,
to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Kristina Santana, City Clerk
1450870.1
Packet Pg. 110
7.1.b
Ordinance XX (2019) - Attachment 2
Current Diamond Bar Municipal Code
Redline/Strikeout Version for Reference
Chapter 2.32 - Parks and Recreation Commission
Section 2.32.040 - Organization and terms of office; filling of vacancies in office;
officers; meetings.
(g) "The parks and recreation commission shall, at its first regular meeting in March
of each calendar year, elect a chairman from among its appointed members for
a term of one year, and may create and fill such other offices as it may
determine appropriate.aaAd S"^" " The date, location and time of regular
meetings shall be established by Resolution of the City Council. The
Commission may also conduct at least ^tee-^�T "mod -other meetings at
such additional times as are deemed necessary."
Chapter 2.36 - Planning Commission
Section 2.36.040 - Organization and terms of office; filling of vacancies in office;
officers; meetings.
(g) "The planning commission shall, at its first regular meeting in March of each
calendar year, elect a chairman from among its appointed members for a term
of one year, and may create and fill such other offices as it may determine
appropriate.and shall " The date, location and time of regular meetings shall
be established by Resolution of the City Council. The Commission may also
conduct at'^^c+ ^n^^ rrmenth and other meetings at such additional times as
are deemed necessary."
Chapter 2.40 -Traffic and Transportation Commission
Section 2.40.040 - Organization and terms of office; filling of vacancies in office;
officers; meetings.
(g) "The traffic and transportation commission shall, at its first regular meeting in
March of each calendar year, elect a chairman from among its appointed
members for a term of one year, and may create and fill such other offices as
it may determine appropriate.and shah The date, location and time of
regular meetings shall be established by Resolution of the City Council. The
Commission may also conduct at l8aSt GR^^ a m^nth and other meetings at
such additional times as are deemed necessary."
1450870.1
Packet Pg. 111