The URL can be used to link to this page

Home My WebLink About2020.07.21 - Minutes - Regular Meeting CITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL � REGULAR MEETING I JULY 21, 2020 ; STUDY SESSION: 5:30 p.m. Public Comments: None Offered. � Vehicle Miles Traveled (VMT): California's New � Metric for Evaluating Traffic Impacts Study Session Adjourned: 6:19 p.m. CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:30 p.m. Mayor Tye stated that consistent with C�VID-19 regulations, all Council Members and staff are participating via teleconference and there is no physical location for public attendance. The Public has been invited to join the meeting online or by phone at the numbers printed on the agenda. PLEDGE OF ALLEGIANCE: Mayor Tye led the Pledge of Allegiance. ROLL CALL: Council Members Andrew Chou, Ruth Low, Jennifer "Fred" Mahlke, Mayor Pro Tem Nancy Lyons, and Mayor Steve Tye Staff participating telephonically: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; David DeBerry, City Attorney; Ryan Wright, Parks and Recreation Manager; Anthony Santos, Assistant to the City Manager; David Liu, Public Works Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Christian Malpica, Associate Engineer; Fabian Aoun, Assistant Engineer; Dianna Honeywell, Director of Finance, Greg Gubman, Director of Community Development; Ken Desforges, Director of Information Services; Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator; J.R. Ybarra, Media Specialist; Kristina Santana, City Clerk APPROVAL OF AGENDA: As submitted. 1. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Fox announced that as part of the City's COVID-19 response efforts, the Parks and Recreation Department is implementing two new programs: 1) Rec to-go Bags for kids that can be purchased for $30 ($20 for each additional bag to the same household) and will be delivered free of charge to the child's residence; and 2) Free Senior Resource Bags for 55 and older available for curbside pickup at the Diamond Bar Center. A limited number of home deliveries will be available on request for seniors who have no means of transportation. JULY 21, 2020 PAGE 2 CITY COUNCIL 2. PUBLIC COMMENTS: CC/Santana stated the following comments were submitted by email and forwarded to each Councilmember: Raphael H. Plunkett thanked Councilmembers Chow and Low for responding to emails commenting on Item 5.2 and asked that tonight's meeting be adjourned in honor of Representative John Lewis. Bobby Roberts asked about the City's plans for creating a park on the City owned property at the end of Sunset Crossing Road. The following comments were offered during the meeting: Jennifer Vidal concurred with the Plunkett's request to have the City Council meeting adjourned in honor of Congressman John Lewis. Joe and Raphael Plunkett thanked ACM/McLean and staff for the comprehensive and informative budget presentation. Aliya Simjee concurred with the Plunkett's request to have tonight's meeting closed in honor of Representative John Lewis. 3. CONSENT CALENDAR: MPT/Lyons moved, C/Low seconded, to approve the Consent Calendar as presented with the exception of Item 3.5 pulled by C/Chou and 3.6 pulled by MPT/Lyons. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 3.1 APPROVED CITY COUNCIL MINUTES: 3.1a JULY 7, 2020 REGULAR MEETING 3.2 ADOPTED RESOLUTION NO. 2020-30 ESTABLISHING VEHICLE MILES TRAVELED THRESHOLDS OF SIGNIFICANCE FOR PURPOSES OF ANALYSING TRANSPORTATION IMPACTS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). 3.3 APPROVED SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH SIMPSON ADVERTISING, INC. FOR SPECIALITY GRAPHIC DESIGN SERVICES THROUGH JUNE 30, 2021. 3.4 APPROVED PURCHASE ORDER WITH SOUTHERN CALIFRONIA NEWSPAPER GROUPS FOR PRINTING AND MAILING SERVICES FOR THE CITY NEWSLETTER, RECREATION BROCHURE AND JULY 21, 2020 PAGE 3 CITY COUNCIL CALENDAR, AND SERVICES GUIDE THROUGH JUNE 30, 2021. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 3.5 APPROVE CONSULTING SERVICES AGREEMENT WITH KOA CORPORATION FOR PREPARATION OF LOCAL ROADWAY SAFETY PLAN. C/Chou asked for clarification of the selection process and PWD/Liu referred C/Chou to staff's report page 54 for the specific criteria spelled out in the RFP. During the selection process, staff focused on the firm's specific approach for working together on the local roadway safety plan with the Sheriff's Department and Fire Department. In addition, staff conducted a more in-depth analysis to make sure the City is getting the best value for dollars spent and it became clear to staff that when analyzing the number of hours and relative cost of those hours, that KOA's proposal was one of the better and more comprehensive technical proposals. C/Chou wanted to know what Diamond Bar projects KOA had worked on previously and PWD/Liu responded that a few years ago they were on call and completed various projects including plan tech development projects and a few CIP projects. In addition, KOA is currently working on the Thousand Oaks and Azusa Local Roadway Safety Plan. C/Chou expressed concerns about former Council Member Jimmy Lin's involvement as a member of KOA and MPT/Lyons asked for CA/D��erry's input. CA/DeBerry responded that state law states that certain elected officials and high ranking officials of a public agency such as the City Manager and other high ranking officials, cannot lobby their former employer for 12 months. Since 18 months has passed since Mr. Lin served on the City Council and there has been no personal appearance or lobby by email by the former Council Member, there is no prohibition on the former Council Member having a contract with the City. The law's intent is to disallow lobbying activities and appearances before the City Council. MPT/Lyons moved, C/Low seconded, to approve Consent Calendar Item I 3.5. Motion carried by the following Roll Call vote: I AYES: COUNCIL MEMBERS: Low, Mahlke, MPT/Lyons, �I M/Tye �� NOES: COUNCIL MEMBERS: None � ABSTAIN: COUNCIL MEMBERS Chou ABSENT: COUNCIL MEMBERS: None JULY 21, 2020 PAGE 4 CITY COUNCIL 3.6 APPROVE MEASURE W SAFE, CLEAN WATER PROGRAM- � MUNICIPAL PROGRAM TRANSFER AGREEMENT WITH THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT. MPT/Lyons asked whether the City would be able to use these funds for the water issues at Flapjack and other similar neighborhoods or in the Diamond Canyon Park water filtering system or at Sycamore Canyon Creek. PWD/Liu responded that staff believes all of those project are eligible under the specific criteria of Measure W. AE/Aoun explained that while those projects are identified, staff is awaiting word from Los Angeles County's Public Works Department and Flood Control District to make certain how these projects can be funded by Measure W allocations. MPT/Lyons moved, C/Low seconded, to approve Consent Calendar Item 3.6. AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 4. PUBLIC HEARING(S): 4.1 ZONE CHANGE AND DEVELOPMENT REVIEW FOR NEW SINGLE ' FAMILY RESIDENCE LOCATED AT 1111 N. DIAMOND BAR BOULEVARD (PLANNING CASE NO. PL2015-253). SP/Lee presented the staff report and recommended that the City Council open the Public Hearing to receive public testimony; close the Public Hearing and Introduce for First Reading by Title Only, waive full reading of Ordinance No. 01(2020) adopting Zone Change to change the existing zoning from Neighborhood Commercial (C-1) to Low Density Residential (RL), and schedule second reading and adoption at the August 4, 2020 City Council meeting; and, Adopt Resolution No. 2020-31 approving Development Review based on the Findings of Fact, and subject to the Conditions of Approval contained therein. Ken Lee, applicant's representative, thanked staff and particularly SP/Lee for her professional assistance through the process over the past several years, introduced the new design team members who briefly explained the project evolution and spoke to concerns addressed at the Planning Commission level. The design team responded to C/Chou's questions and concerns about traffic and architecture. C/Low asked if the property line ends at the fence or where the drop begins and Mr. Lee said that the fencing delineates the property line and JULY 21, 2020 PAGE 5 CITY COUNCIL what is not fenced is owned by Caltrans. C/Low asked for confirmation from the traffic engineer that she understood someone traveling at a rate of 70 mph down Diamond Bar Boulevard could see a car exiting the property in time to stop. The traffic engineer explained that it would take about 900 feet to stop a vehicle traveling at 70 mph. MPT/Lyons asked SP/Lee about a complaint from a resident who felt the project would decrease her property value and SP/Lee stated that real estate values are not reviewed or analyzed by the Planning staff for development projects. MPT/Lyons asked SP/Lee to address view concerns and SP/Lee responded that staff believes the project will not present any significant impacts to private residences that are on a much higher grade than the proposed project. M/Tye asked if Mr. Chou would live in the home and Mr. Lee responded that Mr. Chou's intention is to build this as a spec home that will be sold. M/Tye opened the Public Hearing. , CC/Santana stated that the following comments were submitted by email I, and forwarded to each Council Member: � Susan Mullins submitted two separate email comments, one on July 15th � asking the Council to nullify the decision of the Planning Commission and � a second email dated July 20t" wherein she expressed her opposition to i the project and asked the City Council to postpone the item scheduled for , the Council meeting of July 21St. ' Eric and Yolanda Norwood commented on the speeding and traffic I accidents on Diamond Bar Boulevard and asked for plans to avoid further i accidents if this property is developed. I Beverly Sacia asked if the project will hurt the existing property values, � destroy the current view and if it will be used as a birthing home. I Salino Batista asked if the two trees that are ten feet apart on the green ��, ovals on the drawings is an entryway. If so, he believed it should be 'i blocked off to prevent cars from stopping at that location. M/Tye closed the Public Hearing. I C/Chou said he visited the site and reviewed Planning Commission � minutes and understands the project and while he may not agree with the project, it appears to comply with the zone change request. C/Low and MPT/Lyons commented that with this third iteration, the applicant, in their opinion, designed a project that is much improved, appears to be the highest and best use of the property and complies with JULY 21, 2020 PAGE 6 CITY COUNCIL � the General Plan. M/Tye believed this item should be remanded to the Planning Commission for a public meeting because of the difficulties they had hearing from the public similar to the problems that have been encountered this evening. He is troubled that the land use designation was changed during the General Plan update and this matter is a request for a zone change approval so that it agrees with the land use that was changed. CM/Fox surmised that it would likely be four to six weeks out when an actual in-person meeting could be scheduled, if that is the pleasure of the Council. C/Low said she believes the public should be heard and the property owner and design team deserve an answer as well. C/Low moved, M/Tye seconded, to remand the matter to the Planning Commission with the caveat that it be re-noticed for an in-person Public Hearing in accordance with COVID-19 rules within the next eight weeks. Motion by the following Roll Call vote: AYES: COUNCIL MEMBERS: Low, Mahlke, M/Tye NOES: COUNCIL MEMBERS: Chou, MPT/Lyons ABSENT: COUNCIL MEMBERS: None 4.2 RESOLUTIONS LEVYING ASSESSMENTS ON LANDSCAPE ' ASSESSMENT DISTRICT NOS. 38, 39 AND 41 FOR FISCAL YEAR 2020-21. PWD/Liu presented the staff report. M/Tye opened the Public Hearing. With no one wishing to speak on this item, M/Tye closed the Public Hearing. C/Chou and C/Low said they would abstain from voting on Item B because they each reside within LLAD No. 39. MPT/Lyons moved, C/Chou seconded to adopt Resolution No. 2020-32 (LLAD No. 38) to levy and collect assessments for Landscape Assessment District No. 38 for Fiscal Year 2020-21. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JULY 21, 2020 PAGE 7 CITY COUNCIL C/Mahlke moved, MPT/Lyons seconded, to adopt Resolution No. 2020-33 (LLAD No. 39) to levy and collect assessment for Landscape Assessment District No. 39 for Fiscal Year 2020-21. AYES: COUNCIL MEMBERS: Mahlke, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Chou, Low ABSENT: COUNCIL MEMBERS: None C/Chou moved, C/Mahlke seconded, to adopt Resolution No. 2020-34 ' (LLAD No. 41) to levy and collect assessments for Landscape I Assessment District No. 41 for Fiscal Year 2020-21. Motion carried by the I following Roll Call vote: ' AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons, II M/Tye NOES: COUNCIL MEMBERS: None ' ABSENT: COUNCIL MEMBERS: None ' 5. COUNCIL CONSIDERATION: 5.1 RESOLUTIONS FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO TRANSACTIONS AND USE TAX AND , SETTING PRIORITIES FOR FILING OF WRITTEN ARGUMENT , REGARDING A CITY COUNCIL-INITIATED TRANSACTIONS AND USE TAX MEASURE, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIRL ANALYSIS. ACM/McLean presented the staff report. '� C/Chou asked when the City might expect to begin seeing revenue and how much is anticipated should the measure pass. ACM/McLean responded that if the measure passed in November the City would expect ' to begin seeing revenue about April of the following year. For the coming fiscal year, sales tax is expected to be down about 20 percent and depending on COVID-19 and the economy, it may result in another 10-20 percent reduction to the estimate. C/Chou asked if the City was entitled to keep the entire .75 percent of the use tax. ACM/McLean responded the City would keep the 3/4 of one percent. CA/DeBerry further explained that the use tax would only be , imposed in the jurisdiction where the item was purchased that has a sales tax lower than Diamond Bar. C/Mahlke asked if upon passage of the .75 percent increase would , Diamond Bar be able avoid further tax increases. ACM/McLean ' responded that state law sets the cap at 10.25 percent and if the county � JULY 21, 2020 PAGE 8 CITY COUNCIL put forth a countywide (tax increase) measure that was approved by the voters countywide, Diamond Bar would not be subject to any further tax increase. MPT/Lyons asked ACM/McLean what response he received from his presentation to three community organizations. ACM/McLean said the information was well received and it was approached as an opportunity to engage and educate the public. M/Tye asked if anyone wished to speak on this item. With no one wishing to comment, M/Tye closed public comments. Following comments from the Council, MPT/Lyons moved, C/Chou seconded, to adopt Resolution No. 2020-35 for the submission to the voters a question relating to transactions and use tax. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Mahlke, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: Low ABSENT: COUNCIL MEMBERS: None C/Chou moved, C/Mahlke seconded, to adopt Resolution No. 2020-36 setting deadlines and priorities for filing written arguments regarding the City Council-initiated Transactions and Use Tax Measure, and directing the city attorney to prepare an impartial analysis. Motion carried by the � following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Mahlke, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: Low ABSENT: COUNCIL MEMBERS: None 5.2 SUPPORT LETTER REGARDING RESPONSIBLE USE OF FORCE POLICY REFORM. CM/Fox asked that the Council discuss the revised letter of support to Los Angeles Sheriff Villanueva and provide direction to staff as deemed appropriate. Captain Reyes responded to C/Mahlke's questions and concerns, stating that the "Eight Can't Wait" went into effect following the Ferguson incident and in 2016 the LA County Sheriff's Department updated its Use of Force policies. With respect to carotid restraint, the force policies and training are taught in line with the Commission on Peace Officer Standards in Training. _ _ _ JULY 21, 2020 PAGE 9 CITY COUNCIL C/Mahlke asked if the LA County Sheriff's Department was the largest sheriff's department in the US and Captain Reyes responded that his understanding is that they are the second largest police agency in the country and the largest sheriff's department in the nation. C/Chou moved, C/Low seconded, to approve the letter as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Mahlke helped swear in the new governing board for the Regional San Gabriel Valley Chamber of Commerce, attended a Zoom meet with Miss Diamond Bar and her Court. She congratulated winners of the Diamond Bar Women's Club $5,000 scholarship in Academic and Arts scholarships to students from Diamond Bar and Diamond Ranch High Schools and thanked the club for supporting youth excellence in the City. C/Mahlke invited participation in the first Councilwomen Learning and Sharing session on Wednesday, July 22nd at 7:00 p.m. and spoke with admiration about Congressman John Lewis. ClLow thanked staff for their work under the stress of COVID-19, talked about her participation in the Zoom meeting with Miss Diamond Bar and her Court, and hoped everyone would attend the first Councilwomen's Zoom meeting "Safety First". Because COVID-19 hospitalization is on the increase, C/Low asked everyone to wear masks, wash hands and staying out of other people's airspace and beware of COVID-19 contact tracing scammers. C/Low spoke of Council's unified pledge to eradicate racism and discrimination and support of the City's law enforcement officers, and acknowledged the passing of Congressman John Lewis. C/Chou said he was honored to be appointed to the executive board of the League of California Cities, LA Division, shared a quote from Congressman John Lewis, and thanked his colleagues for their professionalism and grace. ! MPT/Lyons gave a shout out to M/Tye and CC/Santana for their patience and ��, sunny attitudes during meetings. She asked CM/Fox if he would ask PRR/Wright to agree that Councilmembers could help distribute senior P&R bags. She hopes , the Friends of the Library can help the library fund books and materials during the library's budget shortfall, asked residents to continue supporting local businesses and restaurants, and agreed that tonight's meeting should be closed in honor of Congressman John Lewis. M/Tye said the Council heard from a number of owners how important it was for JULY 21, 2020 PAGE 10 CITY COUNCIL ! their businesses to receive grant funds from the City. He thanked Raphael Plunkett for asking that tonight's meeting be adjourned in memory of Congressman John Lewis, a lion of the legislature. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the Regular City Council Meeting at 9:16 p.m. in honor and memory of Congressman John Lewis. Respectfully submitted: ,��=�=- Kristina Santana, City Clerk The �ore,going min re hereby approved this 4t" day of August, 2020. ;� • / �:; �� '� ,•r Steve Tye, May r � � i i I ; I I , i � I I � - - - - — — - -- -- — - �