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HomeMy WebLinkAbout111919 - Minutes - Regular MeetingCITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL STUDY SESSION NOVEMBER 19, 2019 STUDY SESSION: M/Herrera called the Study Session to order at 5:46 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 Andrew Chou, Ruth Low, Nancy Lyons, Mayor Pro Tem Steve Tye and Mayor Carol Herrera. Staff Present: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; Ken Desforges, Information Services Director; David Liu, Public Works Director; David DeBerry, City Attorney; Marsha Roa, Public Information Manager; Amy Haug, Human Resources Manager; Ryan Wright, Parks and Recreation Director; Anthony Santos, Assistant to the City Manager; Diana Honeywell, Finance Director; Grace Lee, Senior Planner; Greg Gubman, Community Development Director; Kristina Santana, City Clerk ► TRANSACTION AND USE TAX MEASURE: ACM/McLean gave an overview of the proposed transaction and use tax measure. He stated that sales and use taxes are general purpose revenue and used at the discretion of the City Council for any City purpose. If approved, the funding would provide a dedicated, long-term funding source. Diamond Bar has the second smallest share of property tax in all of LA County. For every dollar of property tax, the City gets 5.9 cents. In general, the City has avoided the large-scale development in an effort to keep the City's character in tact which has limited the opportunities to have some of the big -box, auto dealerships, and Costco type developments that are the high grossing sales tax revenue producers. There is a changing retail environment and more purchases are being made online for services, and as a result, sales tax revenues have declined overtime. Another key factor is rising maintenance and operation costs. The City is now 30 years old, it has aging infrastructure, with some facilities in need of either replacement or significant maintenance. Public Safety expenditures have increased over time. On average they have increased about 5.5 percent over the last five years — just to keep the status quo without adding any positions. As the City ages and has more retirees, the pension liability has risen. As maintenance operation costs increase over time, there is less money available for discretionary projects as well as, new and expanded programs and services. The City Council has a history of making solid fiscal decisions which has offset many of these factors and the City continues to offer high-quality services, programs, and facilities without making cuts. Unlike many cities, Diamond Bar is not in a fiscal emergency. The reason this item is being discussed this evening is more about the real impacts of some of the concerns previously mentioned which will be felt when there is a desire to augment, enhance and expand services. The Council has a couple of park projects on the table, the unnamed park on Sunset Crossing Road and the Heritage Park renovation with a combined price tag of about $10-12 million. Currently, the City's General Fund reserves are a little less than $17 million and this presents a challenge. NOVEMBER 19, 2019 PAGE 2 CC STUDY SESSION ACM/McLean said that the most important thing for the City Council to consider y when discussing and debating this matter is that the local sales tax rate is likely to increase even if Diamond Bar does not pursue a measure. The County of Los Angeles has been testing a couple of potential sales tax measures for the 2020 and 2022 elections. The City is currently at a 9.5 percent rate and the state has a cap at 10.25 percent. If the County decides to move forward with the measure, it will reduce the unallocated balance that is left, and once it reaches 10.25 percent, there is no longer the ability for any local agency to pursue an effort to keep some of these funds local. Therefore, if LA County is successful, they decide how the money is spent throughout their county. In 2018 there were 58 measures throughout the state, 52 of which passed (90 percent) including Covina, Placentia, Pomona, Seal Beach, and La Puente. In November 2019 measures passed in Arcadia, Glendora, Monrovia, Sierra Madre and South Pasadena and there was one measure in Claremont that was voted down by 100 votes. Based on the 90 percent approval rate, residents prefer local control of those tax dollars. Staff also understands there are a few more measures that will appear on the March 2020 ballot which will provide insight as to whether that voter trend continues. For Diamond Bar, a % cent increase ballot measure passed by the voters would generate about $3.8 million annually, which would be a long-term revenue source that would remain local and could not be taken by either the State or the County and, the City Council would have the ultimate discretion to determine how that money would be used, whether for Public Safety, Park Facility projects — maintenance, expansion, street, circulation improvements, programming for youth and seniors, and to enhance fiscal sustainability to improve the reserve accounts. Placing this item on the ballot would be very similar to the Transient Occupancy Tax Measure that was put forward by the Council and approved by the voters last year. Upon two-thirds vote of the Council, an election would be called most likely in November 2020. If the Council decides to move forward, this matter would be brought to the Council for adoption of a resolution with a two-thirds vote later in 2020 and upon passage, the measure would be placed on the November 2020 ballot. ACM/McLean concluded his presentation stating that at this time, staff is seeking direction from the City Council to begin developing the educational materials to disburse to the public to gauge their opinion, with the Council retaining its discretion to consider moving forward with the election or not in the July/August 2020 timeframe. C/Chou asked for an understanding of the distinction between a sales tax and a use tax. ACM/McLean explained that sales tax is collected on the sale of retail goods locally and use tax is a charge on things purchased outside of the City and brought into the City and stored or consumed locally. CA/DeBerry explained that if someone buys a product outside of the City for delivery into the City the seller is required by law to charge the tax of the destination NOVEMBER 19, 2019 PAGE 3 CC STUDY SESSION city so in this instance, the seller would charge the Diamond Bar tax and when recording the tax, the state would know that the .75 percent of "use" tax goes to Diamond Bar. MPT/Tye asked why that would not apply to C/Lyons questions regarding purchase of a car, for example, and CA/DeBerry explained that there is a separate law that deals with vehicles and how they are taxed which would likely not change. However, if Diamond Bar had a "Use" tax and someone living here bought a car from outside of the City, Diamond Bar would see some benefit from it. The retailer is required to assess the tax of the city designation. If someone purchases an item from a retail store outside of the City's jurisdiction and brings it back to Diamond Bar, the state will not be advised. MPT/Tye said that if he went to Lowe's in Chino Hills and bought a refrigerator the state would not know. CA/DeBerry agreed unless the refrigerator was delivered to Diamond Bar. While the Use tax is typically hit and miss, it will capture the large items that are delivered. Another scenario is that Westminster and Fountain Valley recently adopted a Use Tax and the 405 is being built in Westminster and Fountain Valley so the contractor on the 405 project has literally had hundreds of millions of dollars of goods delivered into those cities and are paying that Use Tax, which would apply for work being done on the SR57/60 if there were construction items delivered and used in the freeway within the City limits of Diamond Bar. CA/DeBerry further explained to C/Chou's question that the law changed April 1, 2019, so that if someone buys something from Lowe's and Lowe's is delivering that item into Diamond Bar, they would charge the Diamond Bar rate. C/Lyons asked whether under this scenario Diamond Bar wanted a Use Tax, would it have to increase the Sales Tax and CA/DeBerry responded that under the Taxation and Revenue Code, both have to be adopted and there are provisions in the Revenue and Taxation Codes that specifically outline how a city adopts it. It is called a Transaction and Use Tax and the City has to adopt both. C/Low asked if the package was adopted and approved at 10.25, how much would be Use Tax and how much would be regular tax. CA/DeBerry responded that since the City does not have a Use Tax it would be 1.75 percent. So, if a person purchased an item in Diamond Bar, the sales tax portion of 1.75 percent would go to Diamond Bar. C/Low asked if someone purchased a refrigerator, how much would that be and ACM/McLean responded the City would get .75 percent. CA/DeBerry explained that what this is meant to do is to serve as a disincentive for someone to go outside of the jurisdiction to purchase something because the sales tax revenue to the City would be less. The State of California has a statewide Use Tax as well, so on goods that are bought outside of the state and brought into the state for storage, consumption, or use, there is a 1 percent statewide Use Tax. CM/Fox stated that with all of the cities passing these ballot measures it means that everyone will be paying the same rate. NOVEMBER 19, 2019 PAGE 4 CC STUDY SESSION MPT/Tye said that if Diamond Bar doesn't do this, the County will use the difference and he would much rather implement/increase a sales tax in Diamond Bar than watch it go to the county. C/Lyons asked why it could not be placed on the March ballot and CM/Fox explained that he believed that for the City to be successful it needed to spend that extra time educating the residents on why this is important and what the money will be used for. And, it will take everyone at the staff level as well as, the electorate to educate folks. We know from the TOT Measure, the City cannot be advocating and picketing, but the City can educate people and tell people what the City wants to do with the money and why it is important for the residents. C/Chou said he has seen other city officials out promoting measures. CM/Fox said that whether a city calls it promoting or not, cities have to be very careful about how it educates with the material that it puts out. There will be talking points and printed collateral that can be provided to the public. Many officials will have an opportunity to speak in front of local groups. For example, the Fire Department made a presentation to the Diamond Bar City Council as well as the League of California Cities and Contract Cities about their potential initiative for the fire department. CA/DeBerry explained that the prohibition is on spending public funds for advocating. So, if individuals are on their own time and there is no use of public funds, one can advocate. Following discussion, Council concurred to have staff move forward to consider placing a measure on the November 2020 ballot with staff providing further information on potential polling and educational materials during future study sessions. Public Comments: None ADJOURNMENT: With no further business to come before the City Council, M/Herrera recessed the Study Session at 6:32 p.m. to the Regular Meeting. Kristina Santana, City Clerk The foregoing minutes are hereby approved this 3rd day of December, 2019. / r YYYJJJ��� Steve ye, May CITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 19, 2019 CLOSED SESSION: 5:30 p.m., Room CC -8 Conference with Legal Counsel — Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) (one potential case). Public Comments: None STUDY SESSION: 5:46 p.m. — Room CC -8 Transaction and Use Tax Measure Public Comments: None CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:36 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. Staff in attendance: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; Ken Desforges, Information Services Director; David Liu, Public Works Director; David DeBerry, City Attorney; Marsha Roa, Public Information Manager; Amy Haug, Human Resources Manager; Ryan Wright, Parks and Recreation Director; Anthony Santos, Assistant to the City Manager; Diana Honeywell, Finance Director; Grace Lee, Senior Planner; Greg Gubman, Community Development Director; Kristina Santana, City Clerk CA/DeBerry stated that no reportable action was taken during tonight's Closed Session. CM/Fox reported that during tonight's Study Session, the City Council expressed interest in conducting research and community outreach regarding the potential Transaction and Use Tax Ballot Measure for November 2020. Staff will report back to Council as it proceeds through this effort. PLEDGE OF ALLEGIANCE: Girl Scout Troop 1434 led the Pledge of Allegiance. INVOCATION: Youth Pastor Garett Rice, Diamond Canyon Christian Church, provided the Invocation. ROLL CALL: Council Members Chou, Low, Lyons, and Mayor Pro Tem Tye and Mayor Herrera. APPROVAL OF AGENDA: As presented. NOVEMBER 19, 2019 PAGE 2 CITY COUNCIL 1. 3 4. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 City Council Members and Anthony Duarte, CEO, Regional Chamber of Commerce, San Gabriel Valley honored 29 restaurants for their participation in Diamond Bar Restaurant Week. Winners of the raffle were drawn and announced by Council Members. 1.2 C/Low proclaimed Saturday, November 30, 2019 as Small Business Saturday and City Council Members presented the proclamation to Anthony Duarte. 1.3 Presentation of Mr. San Antonio College's annual report by Dr. Manuel Baca, Dr. Bill Scroggins, Jill Dolan and Judy Chen Haggerty. CITY MANAGER REPORTS AND RECOMMENDATIONS: None PUBLIC COMMENTS: Pui-Ching Ho spoke about programs and events taking place at the Diamond Bar Library during Native American Heritage month. She invited residents to visit the library's website at https://IacountylibrarV.org/diamond-bar-library/ for additional programs and information and noted that many library events are co-sponsored by The Friends of the Library. Dave Reynolds, President, Cimarron Oaks 8 Homeowners Association, spoke about an incident in which an Edison contractor encroached into private property without permission. He is very thankful for the City's immediate response to him and was told that the Public Works Department will institute a policy going forward to require any contractor working a project on the public right-of-way who needs to encroach into private property, that they provide the City with the necessary contact information for confirmation. Eric Reese asked for future consideration of a proposal to help make the City more resilient to extreme temperatures to help quality of life while reducing health care costs and roadway costs for the City by partnering with the County and State in looking into the possibility of porous reflective pavements as the preferred roadway material in the City and for potential regulations in future building development. Chauncey Snyder said he would like to see the City initiate a program to help the homeless and poverty stricken. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — November 26, 2019 — Canceled. NOVEMBER 19, 2019 PAGE 3 CITY COUNCIL 5.2 Thanksgiving Holiday — Offices closed Thursday, November 28 and Friday, November 29, 2019 in observance of Thanksgiving. City offices reopen on Monday, December 2, 2019 at 7:30 a.m. 5.3 Parks and Recreation Commission Meeting — November 28, 2019 — Canceled. 5.4 Diamond Bar Holiday Ride — Beginning Friday, November 29, 2019 and continuing through January 1, 2020. Riders must be 18 years of age or older and can schedule a trip within the City for restaurant visits and local shopping for no charge. Proof of residency is required. 5.5 Shop Small Business Saturday — November 30, 2019. 5.6 City Council Meeting — December 3, 2019, 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Lyons moved, C/Low seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MEETING MINUTES: 6.1a REGULAR MEETING OF NOVEMBER 5,2019—as presented. 6.2 RECEIVED AND FILED COMMISSION MINUTES: 6.2a PARKS AND RECREATION COMMISSION MINUTES OF SEPTEMBER 26, 2019. 6.3 RATIFIED CHECK REGISTER DATED OCTOBER 31, 2019 THROUGH NOVEMBER 13, 2019 TOTALING $811,759.31. 6.4 ADOPTED RESOLUTION NO. 2018-38 AUTHORIZING STAFF TO SUBMIT A SB 1 PLANNING GRANT PROGRAM APPLICATION TO THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. 6.5 TRANSMITTED THE FISCAL YEAR 2018-2019 COMPREHENSIVE ANNUAL FINANCIAL REPORT. 6.6 APPROVED TRANSFER OF CERTAIN SURPLUS PROPERTY TO ANOTHER PUBLIC AGENCY AND A NOT-FOR-PROFIT ORGANIZATION. NOVEMBER 19, 2019 PAGE 4 CITY COUNCIL y 6.7 ORDINANCE NO. 02(2019) AMENDMENT TO DIAMOND BAR MUNICIPAL CODE SECTIONS 2.32.040(G), 2.36.040(G) AND 2.40.040(G) REVISING COMMISSION MEETING TIMES AND ACCOMPANYING RESOLUTION NO. 2019-39: A. APPROVED FOR SECOND READING BY TITLE ONLY, WAIVE FULL READING, AND ADOPT ORDINANCE NO. 02(2019) AMENDING DIAMOND BAR MUNICIPAL CODE SECTIONS 2.32.040(G), 2.36.040(G), AND 2.40.040(G) PROVIDING FOR COMMISSION MEETING TIMES TO BE SET BY RESOLUTION OF THE CITY COUNCIL, AND, B. ADOPTED RESOLUTION NO. 2019-39 MODIFYING THE PARKS AND RECREATION AND THE TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS FROM MONTHLY TO BIMONTHLY (EVERY OTHER MONTH) EFFECTIVE JANUARY 1, 2020. 6.8 APPROVED NOTICE OF COMPLETION FOR THE PANTERA PARK WALKWAY LIGHTING PROJECT, PROJECT #24917. 7. PUBLIC HEARING(S): 7.1 GENERAL PLAN AMENDMENT, ZONE CHANGE, CONDITIONAL USE PERMIT, TENTATIVE PARCEL MAP NO. 82066, DEVELOPMENT REVIEW, PARKING PERMIT AND COMPREHENSIVE SIGN PROGRAM FOR BREA CANYON BUSINESS PARK, 850 S. BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA (PLANNING CASE NO. PL 2017-169). SP/Lee presented staff's report regarding request for approval of a new commercial development consisting of a 109 room four-story Hilton Hampton Inn and Suites Hotel, a 47,642 square foot three-story professional office building, and an 8,900 square foot one-story medical office building. She explained there are seven entitlements associated with this request: A General Plan amendment to change the Land Use designation from Professional Office to General Commercial, a Zone change to change the Zoning District from Light Industry to Regional Commercial Planned Development Overlay Zone, a Conditional Use Permit to approve modifications to the building height limit to allow a 64 foot high four-story hotel and a 55 foot high three-story office building where 35 feet is the maximum allowed, reduce the parking requirement to allow 289 spaces where 299 is required per code, and deviate from the parking size by reducing 53 parking spaces to allow for 8'x16' compact spaces where 9'x19' is required. A Tentative Parcel Map is also being requested to subdivide the subject property into four lots and create air space condominiums subdivisions for the two office buildings. A Development Review is requested to approve the site and architectural design of a new commercial development, a Parking Permit is required to NOVEMBER 19, 2019 PAGE 5 CITY COUNCIL share access and parking between the proposed parcels, and a Comprehensive Sign Program establishes the design criteria to provide for consistent signage. The project site is on a 5.7 acre vacant parcel that operated as a RV and boat storage use until June 2019. The project is designed to comply with all of the City's development standards in the proposed C-3 Zone with the exception of the building height limit and parking requirements. The Planned Development Overlay Zone allows for these modifications and is deemed to be the best layout due to the size and configuration of the lot. The site has 95 existing mature trees, none of which are native or protected. According to the Arborist's report, five are dead and the other 90 are in poor condition. Consequently, all 95 trees will be removed with a total of 221 new trees to be planted throughout the site. Although the existing trees located along the north property line adjacent to the county flood channel are to be removed, the applicant will be planting a double row of 36 -inch box Mondale Pine and Brisbane box trees to provide screening for the residences on Lycoming and Dryander Drive. Additionally, the Caltrans owned land directly adjacent to the southern boundary that runs parallel to the existing SR60 freeway westbound off ramp will be landscaped with a variety of shrubs and irrigated to provide an attractive visual statement from Brea Canyon Road and will be maintained by the applicant. Access to the site is provided by an un -signalized right turn in utilizing a deceleration lane and a right turn out driveway on Brea Canyon Road. The project's frontage will incorporate streetscape theme elements as a continuation of the enhancements completed at the corner of Diamond Bar Boulevard and Grand Avenue with features such as street trees, decorative interlocking pavers, and theme rails. At the beginning of the application review process, the applicant hosted a community meeting on February 22, 2018 that was attended by approximately 30 residents. Based on feedback from the meeting, the project was redesigned to address those concerns by locating the tallest building toward the southern portion of the lot to avoid privacy issues and shadow impacts to neighboring residential homes. The perimeter of the site is appropriately screened with landscape buffering on all sides including large 36 -inch box double row of trees along the flood control channel. Staff and applicant explored shared access between the project and the Farmer Boys site. Several site plans with different building placement and driveway access were provided and circulation and parking layouts were analyzed. Unfortunately, an agreement could not be reached with Farmer Boys due to the site constraints and circulation issues with the proximity of NOVEMBER 19, 2019 PAGE 6 CITY COUNCIL the existing drive-through lane and driveway on Lycoming. After many iterations, the proposed project now reflects input from City staff and consultants, and addresses residents' concerns raised during the community meeting. SP/Lee displayed a rendering of the four-story hotel building facing the parking lot. The buildings are designed with a contemporary modern architectural theme, facades articulated with changes in roof height, wall planes, window composition, and materials and colors to break up the vertical massing and flat walls. SP/Lee displayed a rendering of the three-story office building showing architectural elements and features that are consistent for all three buildings in providing a unified and cohesive design. SP/Lee displayed a front and rear elevation rendering of the one-story medical office building with a rendering of the rear of the building that faces Brea Canyon Road. The freeway mainline is located approximately 30 feet higher than the site with the heights of the hotel and three-story office buildings, and by placing these buildings along the southern boundary a portion of the freeway will be screened from a number of homes along Dryander and Lycoming. A raised landscape central median will be constructed along Brea Canyon Road in order to prevent vehicles from turning left exiting the site as well as, preventing those traveling southbound along Brea Canyon Road from turning left into the site. Other traffic improvements include restriping the northbound approach to westbound Lycoming Street along Brea Canyon Road to provide an additional exclusive westbound left -turn lane and, to accommodate the second left -turn lane, the existing westbound Lycoming Street will be restriped for two receiving lanes. The existing eastbound Lycoming Street shared left -through right -turn lane will also be restriped to provide an exclusive left turn lane and shared -through right turn lane. The implementation of these improvements may require some modification to existing traffic signal equipment which will be implemented at the applicant's expense. The existing roadway condition at the intersection of Brea Canyon Road at Lycoming Street is currently operating at an acceptable Level of Service (LOS) in the am peak hours at LOS D and at unacceptable Level of Service in the pm peak hours at LOS E. With the proposed traffic improvements, the LOS will result in an acceptable Level of Service during the am and pm peak hours at LOS D. An example of where similar project mitigation improved existing traffic conditions is at the Willow Heights Development near the corner of Brea Canyon Road and South Diamond Bar Boulevard. Prior to development of the Willow Heights project, the traffic flow on Brea Canyon Road at Diamond Bar Boulevard was NOVEMBER 19, 2019 PAGE 7 CITY COUNCIL congested. Lennar Homes, project developer, was required to restripe northbound Brea Canyon Road at Diamond Bar Boulevard to provide a dedicated second dedicated right -turn lane. While the development of 182 new homes generated additional daily trips in the area, the constructed traffic mitigations noticeably improved the traffic flow at that intersection. In the proposed project, the applicant will also be required to pay fair - share traffic mitigation fees in the amount of $846,910 which will contribute toward future capital improvements needed at eight (8) intersections in the vicinity of the project to mitigate cumulative traffic impacts. The project will provide the following benefits to the community: Allow for productive use of underutilized property, help fulfill the areas demand for additional hotel rooms, provide employment opportunities to the area's existing labor force improving the City's jobs/housing balance, provide traffic improvements on Brea Canyon Road that will improve traffic flow in the area, provide high quality architecture and significant landscape improvements including a net increase and, provide streetscape improvements to expand the City's beautification program and upgrade the Caltrans off ramp with landscape enhancing one of the City's entry points. Staff prepared an initial study and Mitigated Negative Declaration with the project design and 22 mitigation measures showing the environmental impacts to be less than significant. The Mitigation and Monitoring Program is a condition of project approval and is attached to the first Resolution recommending approval of the Mitigated Negative Declaration. On October 30th the Planning Commission conducted a Noticed Public Hearing and by a vote of 4-1, the Commission recommended that the City Council approve the project. M/Herrera opened the Public Hearing at 7:50 p.m. and asked the applicant/project team if they wished to speak on this matter. Preston Chen, Executive Development, Project Manager for Brea Canyon Business Park thanked the City Council for taking the time to review the project. Executive Development is a commercial real estate developer located in Cerritos and experienced in hotel, retail, industrial and mixed- use and office development. It has been a pleasure to work with City staff on this project as well as, past projects in the City. Staff has been very responsive and thorough and after going through this process, his firm knows it will be delivering a wonderful project for the City of Diamond Bar. His firm has been working on this project for a number of years and has been very diligent in studying the various uses as well as, conducting many feasibility studies and hosting a neighborhood seminar for the community to hear residents' concerns. He counted 20 different site plans NOVEMBER 19, 2019 PAGE 8 CITY COUNCIL that had been designed, eight of which were submitted. He addressed comments made during the Planning Commission's public hearing and said he heard a lot of concerns about traffic congestion in the area, and the proposed mitigation measures will actually improve the existing traffic conditions. As the voluminous Traffic Report indicates, engineers spent a great deal of time going through all of the different scenarios to make sure that any impacts from the development have been mitigated. The studies were conducted by Executive Development's traffic engineer who is present this evening and were reviewed by staff and a third party traffic consulting firm as well. The development will be responsible for the construction of the immediate intersection plans and paying a fair -share of approximately $850,000 for future improvements. This project is intended to fill a need for hospitality and office in the City of Diamond Bar. Due to the high cost of construction, such projects as this are few and far between compared to other types of development, and this lack of supply has forced many businesses to go elsewhere to find office space. Vacancy is very low in the City of Diamond Bar and this project looks to bring businesses back to the City and provide them with the opportunity to purchase rather than lease their own office spaces by subdividing the building into office condos. Business owners are generally motivated to own so that they can invest in their space and put money into it without facing annual rental increases or lease expirations. As for the hotel, Hampton Inn is Hilton's most popular franchise and is arguably the most recognizable in the US. Executive Development is very fortunate to have secured the franchise and has paid the very expensive franchise fees in order to bring the Hilton brand to the City of Diamond Bar, which his firm believes will be a very good fit for the community at this location. He again thanked the City Council, staff and community for consideration of this project. Ervon Shake said he and his neighbors have concerns about this project regarding privacy. The four-story hotel overlooks the entire backyard and in one instance, the front yard of residences and if someone goes to the rooftop of the hotel he believes they can see the backyard of all of his neighbors. They are also concerned about construction noise and lights from vehicles as well as, noise of mechanical systems. He feels the screening is inadequate to screen the buildings from the residences. Supardi Dermawan lives on Lycoming and his immediate concern is the traffic and people making U-turns. He does not agree with the traffic study indicating an improved level of service with the project. Although he is not opposed to nor is he supporting the project, he feels development is good for the City and development of that corner from its present use is good. He is also concerned with air quality. Mir Salfullah who has lived in the area for 40 years spoke in opposition to the project. NOVEMBER 19, 2019 PAGE 9 CITY COUNCIL Chris O'Brien spoke in support of the project and wanted the Council to make the best decision on behalf of all residents. He spoke about the benefits of a Hilton Hotel to his family, most of whom live overseas as well as, the tax benefits to the City. He also elaborated on the benefits of office condos to his friends and business associates. R. Lee Paulson said there are unhappy residents in the audience, many of whom are scared about the traffic issues and asked that Council do something to help them. Most people coming off of southbound Brea Canyon are train riders which takes the traffic off of the freeway and onto the City's streets and if this could be mitigated he believes it would make the residents feel a lot better. In addition, if there were mixed use businesses in the immediate area, people could walk to restaurants and other services and not have to drive on the streets. Michael Chen said he has seen many changes in the state throughout the years and believes Diamond Bar is moving in the right direction with respect to its retail development decisions. He believes this project will be a great economic plus for the City and that it will provide a direct value to home values throughout the City with more jobs and greater demand for housing. Charlene Lo stated her support for the Brea Canyon Business Park. Her family and friends who live out of state and out of the country visit her several times a year and would love to stay at a new hotel. Jim Hays asked the City Council to reconsider what he called "this unjust" development project because it includes a 64 foot high, four-story 109 room hotel which, in his opinion, would offer little or no benefit to adjacent residents. A mixed-use project, in accordance with the City's General Plan, would be much more beneficial. Grace Lim -Hays spoke in opposition to the project and urged the City to fully address the significant safety issues and traffic impacts prior to considering approval. James Lee expressed his support for the project which he believes will benefit the residents in accommodating their out-of-town guests. In addition, he is looking to purchase an office condo for his business and this project will provide him that opportunity. He loves Diamond Bar and is confident this project will bring the City to a new level in the future. Steven Seis lives across the street from the RV storage center and his backyard faces Brea Canyon. During the 20 years he has lived in the area, traffic has become his nightmare. Many area residents park their vehicles on Lycoming and he cannot imagine what would happen when a lane is added to the street. At 9:00 am and 3:00 pm Lemon Avenue is NOVEMBER 19, 2019 PAGE 10 CITY COUNCIL very congested and traffic is stuck in place for 15 to 20 minutes if a train comes through. Children inhale bad air and they are at risk because of bad drivers. As such, he is opposed to the project and feels the parcel could be put to better use. He is happy that the storage is gone but feels there is already too much traffic in the area. Dale McCurry said he is in favor of the light commercial but opposes the hotel. He asked if traffic heading down Currier Road, coming around Lemon and back onto Lycoming jamming traffic at Brea Canyon Road had been studied. He has called the Sheriff's Department to patrol the area. Adam Oppenstein lives in Hampton Court townhomes. Many of his concerns have been addressed. However, he travels a lot for work and is a Hilton Honors Diamond Member and probably stays at 20-25 Hampton Inns during a 12 month period. Hampton Inn is not a high service level hotel and tends to have minimal staff and self -parking. He has observed that every Hampton Inn has a separate entrance and exit and he is concerned that the project hotel will have only one way in and out because of delivery trucks, cleaning facilities, etc. Also, buses pull in during the night with large groups as well as, many RV's and he has not observed many compact cars visiting the Hampton Inns. He feels it is a bit aggressive to build medical/office buildings and a hotel on the same piece of land. Marita Almeida is very concerned about the safety of her three young children who she says she can no longer allow to walk to school. Chauncey Snyder has lived in Diamond Bar for 40 years and remembers when coming home was like going to the country. He lives very close to the proposed project and is not against development, but is concerned whether the community is coming together harmoniously. He questioned the Environmental Impact Report findings and whether it addressed such issues as congestion, climate change, etc. The traffic has increased significantly over the past five years and it is nearly impossible to get from Lemon Avenue to Brea Canyon to Golden Springs at certain times of the day. As a property appraiser, he questions whether this project was the highest and best use of the site. Aman Berhane, Dryander Drive, said he is opposed to the project for many of the reasons stated by his neighbors and is primarily concerned about the safety of the school aged children who walk to school. M/Herrera closed the Public Hearing at 8:45 p.m. C/Chou said he hears the concerns of the residents and appreciates everyone coming out to state whether they oppose or support the project. He does not believe anyone is opposed to some sort of development, but NOVEMBER 19, 2019 PAGE 11 CITY COUNCIL rather, what kind of development and how traffic, crime, pollution and other concerns can be mitigated. He visited the site this afternoon and walked through of the intersection. On Brea Canyon Road proceeding northbound toward Walnut, there is a Discovery Montessori School on the left, and based on his experience, many people take Brea Canyon Road and make a left turn into that school. He asked how the median that is proposed to be built will affect that left turn in and asked if there would be a left turn in lane for people to get to the school. If not, drivers would have to proceed north, and make a U-turn near Washington to get back to the school. Rich Barretto, Principal, Linscott, Law & Greenspan Engineers, responded to C/Chou that the proposed median on Brea Canyon road does not extend beyond what is in place currently so the left turn access will be maintained at Montessori. C/Chou asked how the addition of the left turn lane from Brea Canyon Road onto Lycoming would play into the turn once a person turned onto Lycoming and if the two lanes would eventually merge. Mr. Barretto said the two lanes would eventually merge. The concept plan shows graphically how those dual lefts could be accommodated and ultimately show what would happen on Lycoming at some point prior to or beyond Pinefalls where vehicles would merge into a single lane because Lycoming continues to Lemon Avenue as a single lane in each direction. The benefit of the improvement at this time is that there are heavy traffic movements in the morning now, most likely because people are heading for schools and services so, it is over capacity for a single left turn lane at this point and adding a second left turn lane obviously improves the intersection operations and adds capacity. If that second left turn lane was installed today it would definitely improve the overall operating condition for that intersection as it currently exists. C/Chou asked how this would affect residents' curb parking for those who live on the south side of Lycoming. Mr. Barretto responded that as it stands now, there is a restriction of parking on the concept plan. Again, this is a concept plan and he has heard the issues about parking. On the north side of Lycoming there is no parking between Brea Canyon and Pinefalls, and for about 200 feet on the approach side, it is striped as red curb. Beyond that, there is parking along the residential area and under this concept it would show a restriction of park. As concerns are voiced this evening and if this project does go forward, everything that the team has heard will have to be considered in the final design as the project proceeds through the City for construction documents, etc. NOVEMBER 19, 2019 PAGE 12 CITY COUNCIL C/Chou said that for those traveling northbound on south Brea Canyon Road he felt the median would prevent vehicles from turning left into the property to which Mr. Barretto responded "absolutely." C/Chou then asked how if people would have to drive past the freeway and make a U- turn on Golden Springs to get back to the project entrance. Mr. Barretto explained that traffic is very dynamic and human behavior is very hard to model, but given this is a hotel and once guests arrive they will know how to arrive, and once employees know how to arrive they will know that they can approach from the south and make a right -turn in and depart to the north. It is the same thing for residents in any neighborhood. As traffic and congestion build there are multiple ways into and out of a neighborhood. In this case, with the restriction of a right-in/right-out, any employee of the medical and office component would know they would have to approach from the south to make a right -turn in, and if they are coming from the north they would likely have to rework their way accordingly knowing they cannot make a left turn into the project site. C/Chou said that a resident was concerned about one way in and one way out as being insufficient to accommodate delivery trucks, guests, etc. and asked how that traffic flow would be mitigated. Mr. Barretto responded that as part of SP/Lee's initial presentation, the project went through multiple iterations of site plans that looked at even at joint access to the Farmer Boys which obviously was not able to be worked out. There will not be access via an off ramp from the freeway because Caltrans will not allow it, and there is no other access off of Lycoming through the residential area and that leaves one location which is Brea Canyon. In the planning process, the best is made of that and the entry is designed to be free-flow right turn in and well throated and designed so that vehicles have to go a 100 feet or so before drivers can decide whether to make a left or a right turn. With the right turn out there is less conflict because there is no left turn out which would create congestion with cars waiting to make that move. They studied the entrance/exit and found that it is more than adequate to accommodate the type of traffic envisioned for a hotel and for a medical office/office which are complimentary uses that do not peak at the same times of the day and are actually counter flow. MPT/Tye asked Mr. Chen to speak to the "privacy" concern voiced by many of the speakers and whether any consideration had been given to putting up a block wall to help with privacy and if that could be done would it make the situation better or worse because there are only homes on one side of Dryander that would be looking into it. NOVEMBER 19, 2019 PAGE 13 CITY COUNCIL Mr. Chen said they looked at multiple options for that side and he believes there was a diagram/cross section that illustrated it best. There are two rows of trees and shrubs at the end to block the light and the trees should sufficiently cover the neighbor's yards. He showed the diagram with a view from the top of the hotel down into the homes which shows that as the view moves downward view of the homes is completely lost. C/Lyons asked how tall the trees will be and MPT/Tye asked whether they would be mature trees and not saplings. Roger Deitos, GAA Architects, explained that many of the existing trees on the site are on the channel which is actually an easement where they should not have been planted and for the development, those trees have to be removed. Due to lack of maintenance, the condition of the trees is poor and some are also diseased. Because those trees are being removed, the plan is providing two rows of trees that are laced in a diamond pattern to create greater density. The size of the trees in certain areas are required to be larger 36 inch box trees and in other locations, the remainder would be 24 inch box trees. These are more mature trees and based on the type of tree, the Mondale Pine and Brisbane Box, afford larger canopies. The size of the trees will be 15 to 20 feet high at planting with the ultimate height being 30 or so feet. There will also be low shrubs (3 feet tall) which are mandated as part of the screening of automobile lights. This will be provided on the channel side portion of the property so that from a visual standpoint, no lights will be visible at night. From a height standpoint, the measurement is from the top of the parapet or mechanical screen for each of those buildings. For the three story building, the height of the glass is likely in the 33-36 foot range. The hotel is taller due to the mechanical screening and architecture. Floors are 10 feet high which puts the window height in the range of 45 feet. He provided a rendering of the office building demonstrating the views from the third level looking through the parking lot. Block walls were explored when a different use was explored for retail and drive-through, which was modified due to noise and traffic because those types of uses generated greater traffic intensity depending on the hours when compared to the hotel/office and medical office uses. The only two residences that are impacted at the knuckle of the street as one comes down Lycoming to Dryander are at the back yard of the property. From a noise standpoint, the biggest component is placement of the buildings next to the freeway that will act as a buffer. Both buildings will absorb much of the sound that would normally pass through the site to the residences to the north. In addition, placement of the hotel facing south to the freeway, so that from a visual standpoint, there are no windows facing into the western portion across Brea Canyon. For the hotel use, core elements of circulation stairs are at the very end of the hotel where there are minimal windows so privacy issues for residents to the west would be minimal, if any. The one story building is fairly small with no visual to the northwest. So, placement NOVEMBER 19, 2019 PAGE 14 CITY COUNCIL of the buildings create a noise buffer and visual buffer. From an orientation standpoint, this turned out to be the most effective way to address the site. It is very difficult in any triangular site with one access to be able to make the access meet the parking, and fire circulation demand, and this is a very well thought out plan with respect to placement of the buildings and location of the landscaping and where the parking is being provided that addresses those issues. MPT/Tye asked for a visual of a 36 -inch box tree. If the intent is to mitigate the office and hotel uses, it seems to him that needs to happen at the point of completion of construction and he does not believe a 36 -inch box tree would provide the proper mitigation. Mr. Deitos said the 36 -inch box will provide a bigger canopy from day one compared to a standard a 15 -gallon tree. They have been asked to upgrade the trees considerably along that property line and Mr. Deitos believes that based on the type of species that are being used and will be maintained, those trees will do very well and adequately screen the property line. And, in a couple of years the screening will be quite substantial. MPT/Tye asked if Mr. Deitos was of the opinion that without regard to cost, would a block wall be advisable for the neighborhood. Mr. Deitos said that he can see benefits to the western side but not so much when you are fronting a street and the front yard of residences because there is already traffic in front of those residences. M/Herrera asked CA/DeBerry if Items C -F could be taken with one action or if separate action was required for each of the items. CA/DeBerry responded that the actions should be taken separately. C/Lyons moved, M/Herrera seconded, to adopt Resolution No. 2019-40 approving the Mitigated Negative Declaration and adopting the Mitigation Reporting and Monitoring Program. Motion carried by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Chou, Low, Lyons, MPT/Tye, M/Herrera None None MPT/Tye asked staff to explain Item D to the audience with respect to land use designation. CM/Fox explained that the proposed change from Office to Commercial in the General Plan is being done to accommodate the hotel development. NOVEMBER 19, 2019 PAGE 15 CITY COUNCIL MPT/Tye moved, C/Chou seconded, to adopt Resolution No. 2019-41 approving General Plan Amendment to change the existing land use designation from Professional Office (OP) to General Commercial (C). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye, M/Herrera None None C/Lyons moved, C/Low seconded, to introduce for first reading by title only, waive full reading of Ordinance No. 03 (2019) approving a Zone Change to change the existing zoning from Light Industry (1) to Regional Commercial -Planned Development Overlay (C -3 -PD), and schedule the second reading and adoption at the next regularly scheduled City Council meeting. City Manager Dan Fox read the title of the ordinance into the record. Motion carried by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Chou, Low, Lyons, MPT/Tye, M/Herrera None None MPT/Tye moved, M/Herrera seconded, to adopt Resolution No. 2019-42 approving Conditional Use Permit, Tentative Parcel Map No. 82066, Development Review, Parking Permit and Comprehensive Sign Program based on the Findings of Fact, and subject to the Conditions of Approval contained therein. Motion carried by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Chou, Low, Lyons, MPT/Tye, M/Herrera None None RECESS: M/Herrera recessed the City Council Meeting at 9:14 p.m. RECONVENE: M/Herrera reconvened the City Council Meeting at 9:21 p.m. 7.2 ADOPTION OF THE 2019 CALIFORNIA BUILDING STANDARDS CODES (TITLE 24 C.C.R. PARTS 2, 2.5, 3, 4, 5, 10, AND 11) WITH LOCAL AMENDMENTS. BO/Tao provided staffs report stating that the building codes are being adopted for local conditions of the City and specifically relate to the State Building Codes that Diamond Bar must adopt locally that are specific to this area. The State has adopted a number of changes which are NOVEMBER 19, 2019 PAGE 16 CITY COUNCIL 1.1 mandated throughout the State of California. At the same time, the City has say with respect to the local amendments. The State included an interpretation that the local jurisdiction should handle all of the pool barrier requirements which can be found in attachment #3 which describes that "the City should be the one that makes the determination of local amendments". In looking at the bulk of the modifications to the ordinance, they are mostly for the pool requirements which is verbatim what is listed in the 2016 California Building Code with no change and remains as currently written. He included the redline copy for Council's review as well as items related to strengthening the wording of Flood Hazards which are in the code. The Energy Code is a very big item within the Building Code which is mandated by the State and includes things such as solar panel ordinance requirements for installation on single family homes as a State requirement. The City has no say with regard to this requirement but notes that it has become a matter that is somewhat difficult for people to handle in many cases. M/Herrera opened the Public Hearing at 9:25 p.m. With no one present who wished to speak on this item, M/Herrera closed the Public Hearing at 9:26 p.m. C/Lyons moved, C/Chou seconded, to introduce first reading by title only, waive full reading of Ordinance No. 04 (2019) and set the matter for public hearing, second reading, and adoption at the December 3, 2019 City Council meeting. BO/Tao read the title of the Ordinance. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: COUNCIL CONSIDERATION: None Chou, Low, Lyons, MPT/Tye, M/Herrera None None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chou reiterated his appreciation for the feedback and residents in the area of the proposed project. He and his colleagues do not take their decision-making responsibilities lightly. He personally walked the neighborhood and the project team was able to address most of his concerns about traffic, and privacy. This is the 22nd design of the project and he knows that the applicant has heard the residents. It is up to Council to make decisions for the greater good of the community and the Council has done so accordingly, based on the studies and processes that are in place. C/Chou said he believes this is a project that will benefit the City as a whole. He and his colleagues attended the Veterans NOVEMBER 19, 2019 PAGE 17 CITY COUNCIL Recognition on November 7th and he and MPT/Tye attended Lorbeer Middle School's 50th Anniversary Celebration. He congratulated Basically Books on their 20th Anniversary. The Diamond Bar Foundation Gala was a lot of fun. With the upcoming holidays, D134 -Youth is collecting canned foods at the City Hall, Library and other venues as well. Please support the community by participating and donating to this worthwhile project. C/Low adopted and supported all of C/Chou's comments and statements regarding the Brea Canyon Business Park project. She too, does not make decisions lightly. Staff presented a very long and in depth report and understanding it, listening to speakers and comments by City staff and the project team, she appreciates their outreach and changes to the project in response to those comments and concerns. She drives by that area 10 times a week to ride the train and sees the area in the morning and in the evening when she returns to Diamond Bar. She is well aware of the traffic patterns, right turns and left turns and she believes the City has done a really great job mitigating some of the traffic by moving trucks off of Brea Canyon over to Lemon Avenue which has helped the situation. Ultimately, she believes there has to be a change in traffic behavior. People need to drive slower, make their lane changes ahead of time and be considerate of other drivers. Considering that spot is now an empty lot, and previously a storage lot that was disgusting and ugly and harbored vermin and other undesirables. Thinking about what is going in compared to what has been there, she believes everyone will agree that it will be so much better. Resident's concerns have been heard and the City will make every effort to mitigate those concerns. As the project moves forward and the trees grow, it will all work to the good of the area. Thanks to the residents for their input. Thanks to staff for a great Veterans Day Celebration which was enjoyed and appreciated by the community. She thanked those who served for their service to this country. She wished everyone a Happy Thanksgiving. What a great time of year and what a great City we have and what a great country we live in. We have so much to be thankful for. Let this be a time of celebration of your family and friends and the freedoms we all enjoy. C/Lyons said she agreed with everything that her colleagues said and reminded everyone that the ugly old RV storage lot was never owned by the City of Diamond Bar. It belonged to a private entity and the City cannot tell the owner that they have to turn it into a park or a movie theater or whatever. And she does believe it is getting the best and highest use and will provide opportunities for residents and good job opportunities during and after construction. The Council does not take these decisions lightly and she is sorry the Council could not make everyone happy, but there were certainly people on both sides of the issue. She congratulated FD/Honeywell. The Government Finance Officers Association awarded a Certificate of Achievement for Excellence in Financial Reporting to the City once again, due to the excellent work of FD/Honeywell and her staff. She thanked staff for a great Veterans Day event, one of her two favorite events of NOVEMBER 19, 2019 PAGE 18 CITY COUNCIL the year. The best part was seeing the veterans with their families enjoying the music and presentations. She also attended the 20th Anniversary Celebration of Basically Books and while it was 3 hours long, at least 225 people attended according to her husband who cooked just over 225 hot dogs! She wished everyone a wonderful Thanksgiving. MPT/Tye said he hoped everyone would participate in Small Business Saturday on November 30th. While Massage Envy and CrossFit might be national chains, they are run by local franchise owners, so when one thinks about small business there are an abundance in the City and he hoped they would all be visited on that day and every day. The Veterans Day Celebration was wonderful as it always is and it is one of his favorite City events as well. South Pointe Middle School orchestra was incredible. Lorbeer's 50th Anniversary was terrific. Ms. Fairley is doing a great job. She is the school's 12th Principal and initiated the celebration for which Diamond Bar is grateful. He attended the 16th Annual Diamond Bar Foundation Gala last Saturday which was a very good event. For those who are not familiar with the Diamond Bar Community Foundation, Google it or go to www.thedbcf.org. The Foundation is benefiting education, arts, scholarship for kids in sports, etc. and he encouraged folks to get involved and help with fundraising as well as, seek the help of the Foundation, if needed. He hopes everyone will have a very Happy Thanksgiving next week. We have so much to be grateful for. We are very fortunate to live where we live and let us have a wonderful and blessed Thanksgiving. He asked that tonight's meeting be adjourned in memory of Dennis Merrill, a long time Diamond Bar resident who was very involved in the Volunteers on Patrol and in his church. Years ago Dennis lost a hand during an off road vehicle accident in Baja and it was with a twinkle in his eye that he loved to tell people that he needed to leave group meetings because he was on his way to work as a hand model. He spent many years modeling for prosthetics to train young people coming up in the field which genuinely impacted hundreds if not thousands of students in the Cal State University system. Thoughts and prayers are extended to his wife, Linda and his children. M/Herrera said it had been an eventful couple of weeks as addressed by her colleagues. She thanked staff for putting many of those events together. Diamond Bar Restaurant Week was quite an event. A special shout out to SMA/Lopez who was everywhere and somehow brought Yelp to a big event at Encore Teppan. Also, a special shout out to C/Lyons and C/Chou for "most meals in a day" honors and "most restaurants visited" honors. It was a fun time and she hopes the community remembers to continue visiting these different restaurants throughout the year. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council Meeting at 9:39 p.m. in memory of Dennis Merrill. Signatures on the following page. NOVEMBER 19, 2019 PAGE 19 CITY COUNCIL Respectfully submitted, Kristina Santana, City Clerk The foregoing minutes are hereby approved this 3rd day of December, 2019. f 'r Steve Tye, May r