HomeMy WebLinkAbout2020.10.06 - Minutes - Regular MeetingCITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
OCTOBER 6, 2020
CALL TO ORDER: Mayor Tye called the Regular City Council meeting to
order at 6:30 p.m.
Mayor Tye stated that consistent with COVID-19 regulations, all Council Members and
staff were participating via teleconference and there was no physical location for public
attendance. The Public was 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 Tern Nancy Lyons, and
Mayor Steve Tye
Staff participating telephonically: Dan Fox, City Manager; Dave DeBerry, City
Attorney; Ryan McLean, Assistant City Manager; Anthony Santos, Assistant to the
City Manager; Dannette Allen, Senior Management Analyst; Ryan Wright, Parks and
Recreation Manager; David Liu, Public Works Director; Hal Ghafari, Public Works
Manager/Assistant City Engineer; Greg Gubman, Community Development Director;
Grace Lee, Senior Planner; Dianna Honeywell, Finance Director; Amy Haug, Human
Resources and Risk Manager; Ken Desforges, Information Systems Director; Marsha
Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator;
Raymond Tao, Building Official; and, Kristina Santana, City Clerk
APPROVAL OF AGENDA: As submitted.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Regional Chamber of Commerce — San Gabriel Valley Annual Report —
Canceled — future date to be determined
1.2 Diamond Bar Restaurant Week Video Presentation
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Fox invited residents to participate in one of two virtual information meetings
regarding the November 3, 2020 sales tax Measure DB.
3. PUBLIC COMMENTS:
CC/Santana read the following comments submitted via emails:
Raphael Plunkett thanked Allison Santogrossi and Diego Tamayo for hosting the
candidate forum, C/Chou for sharing voting information and the City for hosting
the Measure DB sessions.
OCTOBER 6, 2020 PAGE 2 CITY COUNCIL
Teame Ozeqbe commented on and expressed opposition to Proposition 16.
4. CONSENT CALENDAR: MPT/Lyons moved, C/Low seconded, to approve the
Consent Calendar as presented with C/Chou abstaining on Item 4.1. 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
4.1 APPROVED CITY COUNCIL MINUTES:
4.1a SEPTEMBER 15, 2020 REGULAR MEETING.
4.2 RATIFIED CHECK REGISTER DATED SEPTEMBER 10, 2020
THROUGH SEPTEMBER 29, 2020 TOTALING $1,053,984.66.
4.3 ADOPTED RESOLUTION NO. 2020-40 APPROVING THE INVESTMENT
POLICY FOR FISCAL YEAR 2020/2021.
5. PUBLIC HEARING(S):
5.1 SECOND READING OF ORDINANCE NO. 02(2020) AMENDING TITLE
15 OF THE DIAMOND BAR MUNICIPAL CODE TO ADOPT BY
REFERENCE, TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY
CODE, AS AMENDED, WHICH CONSTITUTES AN AMENDED
VERSION OF THE CALIFORNIA FIRE CODE, 2019 EDITION.
Building Official Tao presented the staff report.
M/Tye opened the Public Hearing.
With no one wishing to speak on this matter, M/Tye closed the Public
Hearing.
C/Mahlke moved, MPT/Lyons seconded, to approve Second Reading of
Ordinance No. 02(2020) amending Title 15 of the Diamond Bar Municipal
Code to Adopt by reference, Title 32, Fire Code, of the Los Angeles
County Code, as amended, which constitutes an amended version of the
California Fire Code, 2019 edition. 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
OCTOBER 6, 2020 PAGE 3 CITY COUNCIL
6. COUNCIL CONSIDERATION:
6.1 ZONE CHANGE AND DEVELOPMENT REVIEW FOR A NEW SINGLE
FAMILY RESIDENCE LOCATED AT 1111 N. DIAMOND BAR
BOULEVARD [PLANNING CASE NO. PL2015-253].
CM/Fox presented a brief report.
M/Tye opened Public Comments.
Douglas Barcon questioned the authenticity of the land use map and
zoning in the updated General Plan, and requested Council verification
that the information presented for their vote is correct.
Paul Diebold questioned the rationale for the zone change and suggested
a condition for future development of the site.
M/Tye closed Public Comments.
CDD/Gubman responded to public comments that the property has always
had a residential designation with a commercial zoning designation. The
landowner presented a conceptual plan for a commercial office building
which met with negative response primarily due to site capacity
restrictions, and the residential General Plan designation was determined
to be consistent with the residential properties to the north and across the
Boulevard and rezoning it to be consistent with the General Plan was
determined to be the more appropriate solution.
CDD/Gubman responded to Mr. Barcon that the General Plan Map on the
City's website is correct and asked Mr. Barcon to please contact SP/Lee
for additional information to help resolve his concerns.
C/Mahlke moved, MPT/Lyons seconded, to approve for Second Reading
by title only, waive full reading, and adopt Ordinance No. 01(2020)
approving the Zone Change application. Motion carried by the following
Roll Call vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS
Low, Mahlke, MPT/Lyons, M/Tye
None
Chou
None
C/Mahlke moved, M/Tye seconded, to adopt Resolution No. 2020-41
denying the Development Review application based on the Findings of
Fact contained therein. Motion failed by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Mahlke, M/Tye
NOES: COUNCIL MEMBERS: Low, MPT/Lyons
OCTOBER 6, 2020 PAGE 4 CITY COUNCIL
ABSTAIN: COUNCIL MEMBERS: Chou
ABSENT: COUNCIL MEMBERS None
6.2 FISCAL YEAR 2020-21 APPROPRIATION ADJUSTMENTS FOR
GENERAL FUND, SPECIAL REVENUE FUNDS AND CAPITAL
PROJECT CARRYOVERS AND FISCAL YEAR 2019-20 FINAL
ADJUSTMENTS.
FD/Honeywell presented the staff report.
MPT/Lyons asked if other sources were contacted regarding exchange of
Prop A funds (Item F) and CM/Fox responded that staff is not aware of
any agencies soliciting Prop A funds at this time.
MPT/Lyons asked where the excess money from the design phase of
Sunset Crossing and Heritage parks would go and FD/Honeywell
responded that in general, leftover monies are re -programmed into other
phases of those or other park projects.
C/Low asked if there was a market rate for the exchange of Prop A Funds
and FD/Honeywell said that at this time, cities were not generally in a
position to offer money. C/Low asked if Foothill was offering discounted
rates to their riders and M/Tye said that while it may be addressed at
some point, Foothill is not currently making an issue of non-paying riders.
C/Low asked how the City could use the Prop A funds in lieu of
proceeding with the exchange and FD/Honeywell responded that funds
could be used for bus shelter renovations.
C/Low asked if the $300,000 CDBG funding for COVID-19 relief was
reflected in the revenue or expenditure categories presented this evening.
FD/Honeywell explained that those funds were spent during July/August of
Fiscal Year 2020-21 and are not reflected in the numbers presented this
evening.
FD/Honeywell explained that some of the budget savings was due to
deferred maintenance, law enforcement, Building and Safety, etc. but a
good portion was a result of Parks and Rec programming that did not
happen ($750,000) which allowed for a balanced budget without having to
dip into rainy day funds. Approximately $150,000 in General Fund monies
was used for COVID related expenses, money that will be reimbursed to
the General Fund when federal and state reimbursement monies are
received.
C/Chou asked for staff recommendation to Council for possible uses of the
$800,000 or portion thereof as well as, discussions with other agencies
about getting a higher exchange rate.
C/Mahlke said that the June report for monies coming in for Prop A
OCTOBER 6, 2020 PAGE 5 CITY COUNCIL
indicates numbers are down more than 20 percent which means Diamond
Bar will receive a smaller amount going forward. She asked if the City
ever spent all of its Prop A money and FD/Honeywell responded no, that
the City always has an excess of funds and has been able to exchange
the funds and not lose them. C/Mahlke said she favored Foothill Transit's
purchase because they provide transportation for the City and asked if
other agencies wanted to engage in the exchange. FD/Honeywell said it
has grown increasingly to engage other cities because they are stretching
to meet expenses and preserve their general funds. C/Mahlke asked how
staff arrived at the $800,000 figure. FD/Honeywell said she chose
$800,000 because she likes to keep a $100,000 cushion in the fund in
case expenditures are higher than anticipated. She said she would ask
Foothill if they have a minimum dollar amount they would accept at
Council's request.
MPT/Lyons said she understands not wanting to give the money away but
believes the $600,000 could serve the City well if it could be used for
parks.
C/Chou suggested staff come back to the Council with recommendations
for refurbishing a number of bus shelters, research the expiring franchise
agreement with the bus shelter operators, consider adding advertising
space to the shelters for income generation to the City and identify how to
get the highest dollar exchange for remaining funds.
Following Council's discussion on Item F, CM/Fox offered that many of the
bus shelters are in need of repair and should the Council decide to move
forward, staff would implement a plan that would identify this as a Capital
Improvement project for the next Fiscal Year when the City would have an
accumulation of Prop A Funds that would need to be used or exchanged.
Since the franchise agreement expires June 2021, it would be a good time
to research that item as well. In the meantime, the Council may wish to
pursue the exchange to shore up the City's General Fund this Fiscal Year
and avoid having to dip into the emergency contingency funds.
MPT/Lyons felt Council should move forward with at least half of Item F.
M/Tye asked if Item F could be brought back for consideration with a full
report and recommendation and CM/Fox suggested that staff be given
time to prepare a report for presentation to the City Council at a later date
whether to implement a Capital Improvement project and/or to move
forward with the $800,000 sale of Prop A Funds or a portion thereof, and
that Council move forward with action on Items A through E at this time.
C/Low moved, MPT/Lyons seconded, to approve an appropriation from
General Fund reserves of $187,030.40 to carry forward appropriations
from FY 2019-20 to FY 2020-21 for previously encumbered goods and
services. Motion carried by the following Roll Call vote:
OCTOBER 6, 2020 PAGE 6 CITY COUNCIL
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
C/Mahlke moved, C/Low seconded, to approve an appropriation from
various Special Revenue Funds reserves of $805,212.26 to carry forward
appropriations from FY 2019-20 to FY 2020-21 for previously encumbered
goods and services. 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
C/Chou moved, C/Mahlke seconded, to approve an appropriation from
Capital Improvement Project Fund reserves in the amount of $498,488.78
to carry forward appropriations from FY 2019-20 to FY 2020-21 for
previously encumbered goods and services. 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
C/Mahlke moved, C/Chou seconded, to carry over the related purchase
orders encumbered in FY 2019-20 in the amount of $1,131,053.96 to FY
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
C/Low moved, MPT/Lyons seconded, to approve various final budget
adjustments to FY 2019-20 for additional appropriations in various
accounts including $1,586.43 for the General Fund and $235,467.41 in
Special Revenue, Capital Improvement and Internal Service Funds.
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
Council concurred to continue Item F., Authorization for staff to pursue a
Prop A Exchange with Foothill Transit in an amount up to $800,000, for
OCTOBER 6, 2020 PAGE 7 CITY COUNCIL
further consideration by the City Council to a future date uncertain.
7. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chou thanked staff for the financial update and was pleased that the City did
not have to dip into its emergency fund. He spoke about Restaurant Week,
Round 5 of business grants from LA Regional Fund, and election season.
C/Low thanked FD/Honeywell and City staff for an excellent report on the City's
financial condition, talked about Restaurant Week as well as, the Halloween
costume contest and pumpkin decorating contest, and thanked MPT/Lyons and
C/Mahlke for hosting zoom classes with her over the past three months.
C/Mahlke thanked staff for their hard work and knowledge -sharing, the
community for their support of LA Sheriff's Deputies and hardworking firefighters,
community organizers and students for hosting the Council Candidate Forum,
and residents for participating in the Council Women Learning and Sharing
Session on the California Proposition. October is Breast Cancer Awareness and
Domestic Violence Awareness month. She asked everyone to participate in
Restaurant Week and stay safe.
MPT/Lyons spoke about Restaurant Week, updated the Council on the San
Gabriel Valley Council of Governments meeting and SB1120. She thanked
FD/Honeywell for a successful budget and asked for an overview of the first
quarter budget in a study session (councilmembers concurred).
M/Tye spoke about the community honoring deputies and firefighters. He
expressed his appreciation for the outstanding job staff has done keeping the
City running during the pandemic and encouraged residents to participate in
Restaurant Week. He thanked the Diamond Bar/Walnut Sheriff's for
apprehending vandals and reminded residents that parks are open to the public
and that they should continue to be careful and stay safe.
ADJOURNMENT: With no further business to conduct, M/Tye adjourned the
Regular City Council Meeting at 8:24 p.m.
Respectfully submitted:
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 20t" day of October, 2020.
L
Steve Tye, May, r