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HomeMy WebLinkAbout2021.02.02 - Minutes - Regular MeetingCITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 2, 2021 CALL TO ORDER: Mayor Lyons called the Regular City Council meeting to order at 6:30 p.m. Mayor Lyons announced that consistent with COVID-19 regulations, all Council Members and staff participated 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. FLEDGE OF ALLEGIANCE: Mayor Lyons led the Pledge of Allegiance. ROLL CALL: Council Members Andrew Chou, Stan Liu, Steve Tye, Mayor Pro Tern Ruth Low, Mayor Nancy Lyons Staff participating telephonically: Dan Fox, City Manager; Dave DeBerry, City Attorney; Ryan McLean, Assistant City Manager; Anthony Santos, Assistant to the City Manager; Alfa Lopez, Senior Management Analyst; Ryan Wright, Parks and Recreation Director; Christy Murphey, Recreation Superintendent; David Liu, Public Works Director; Dianna Honeywell, Director of Finance; Ken Desforges, Director of Information Services; Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator; Kristina Santana, City Clerk APPROVAL OF AGENDA: As submitted. 1. CITY MANAGER REPORTS AND RECOMMENDATIONS: None 2. PUBLIC COMMENTS: CC/Santana read the following public comments submitted via email: Jonathan Hawes asked for Council's support to call out what he believed were financial crimes committed against the residents of El Monte. Public comments offered telephonically: None offered. 3. CONSENT CALENDAR: MPT/Low moved, C/Liu seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 3.1 APPROVED UPDATED CITY COUNCIL MINUTES: FEBRUARY 2, 2021 PAGE 2 CITY COUNCIL 3.1a JANUARY 19, 2021 REGULAR MEETING. Updated minutes were disseminated to the City Council based on Mayor Lyon's request for more detail on Item 3.4. 3.2 CITY COUNCIL RECEIPT AND FILING OF COMMISSION MINUTES: 3.2a PLANNING COMMISSION MINUTES OF DECEMBER 8, 2020. 3.3 RATIFIED CHECK REGISTER DATED JANUARY 14, 2021 THROUGH JANUARY 27, 2021 TOTALING $1, 503,147.72. 4. PUBLIC HEARINGS: None 5. COUNCIL CONSIDERATION: 5.1 PRESENTATION OF DIGITAL BILLBOARD PROPOSAL BY WALNUT VALLEY UNIFIED SCHOOL DISTRICT. CM/Fox introduced this item and recommendation for the City Council to receive a presentation by the Walnut Valley Unified School District and offer comments and questions to help the district gauge the feasibility to move forward with an application to amend the City's Sign Code. Presentation provided by Superintendent Dr. Robert Taylor, WVUSD Board Members Cindy Ruiz and Larry Redinger, and Assistant Superintendent Dr. Matthew Torres. M/Lyons opened Public Comments. Paul Diebel spoke against the proposed project as a bad idea to consider amending the code to allow Diamond Bar to become a billboard corridor along the SR60 because it would be an eyesore and potential traffic safety hazard. Robin Smith agreed that a billboard would not be an aesthetic asset to the City and when animated, it would create a potential traffic hazard. M/Lyons closed Public Comments. MPT/Low asked the total budget and amount of deficit for the district. Dr. Taylor responded that the school district does not have a structural or spending deficit, rather there is a difference in the funding between surrounding school districts and the WVUSD as the structure for schools in California is heavily influenced by demographics. The subgroup of student demographic makeup for WVUSD does not equate to higher levels of funding which amounts to an estimated deficit of $20-30 million FEBRUARY 2, 2021 PAGE 3 CITY COUNCIL per year. C/Tye asked for an explanation of a revenue spread of $150,000 to $300,000. Dr. Torres responded that there is no way to determine the exact amount of potential revenue because it will depend on appeal from offsite businesses that may want to participate in advertising via the billboard and may fluctuate depending on the economy and businesses, thus the conservative estimate and spread. Cindy Ruiz added that it is difficult to project revenue sharing because of the need to follow the district's requirements for allowed age -appropriate advertising. C/Chou asked if the revenue from the proposed billboard would go toward the district's general fund or if it would be specifically earmarked. Dr. Torres responded that the district does not want to get ahead of itself by specifying programs. WVUSD is a financially stable district that operates within its means and this would augment different programs such as access courses, special education programs, emotional and academic needs, and learning loss due to the pandemic. C/Chou asked CA/DeBerry to comment on concerns regarding potential implications of the City changing its sign code. CA/DeBerry explained that sign ordinances are tricky and any sign code amendments must be carefully crafted. One question will be that if the City amends its sign code to allow billboards, to what extent will that allow billboards to be placed throughout the City and whether it can be amended to one, two or three locations, potentially. While the City can treat similarly situated properties differently to a certain extent, it may be that given the location of the school district's billboard, it may be the only site that fits certain criteria. Staff has not researched these issues to any extent and does not plan to do so until it receives direction from the City Council. M/Lyons asked the proposed size of the billboard and the district's attorney responded that the proposed size was 14 feet x48 feet. M/Lyons asked how close the sign would be to residential properties and Dr. Torres responded that legal counsel believes it to be about 525 feet to the nearest residential property. M/Lyons asked CA/DeBerry if language could be included in the amendment to indicate no less than 525 feet from a residential property and CA/DeBerry said that if any other billboards were allowed in the City it would be with a minimum 525 foot requirement from residential property. M/Lyons asked CDD/Gubman whether or not the matter of billboard signs came up during the General Plan process and CDD/Gubman responded that billboards were not discussed. C/Liu asked who determines what is aesthetically pleasing and wondered if the district had considered an analog billboard. Dr. Taylor responded FEBRUARY 2, 2021 PAGE 4 CITY COUNCIL that the City would ultimately determine what was aesthetically pleasing and analog billboards do not generate the type of revenue that a digital billboard generates. While this proposal is not just about money, it is a matter of whether the district wants to jump through all of these hoops for a nominal amount of revenue that will not positively impact educational programs, students and the community. At the conclusion of Q&A, there were no further comments or direction offered by Council. 5.2 CANYON LOOP TRAIL IMPROVEMENT PROJECT PRD/Wright provided the staff report on the project's conceptual design plan and environmental documents. M/Lyons opened Public Comments. CC/Santana read the following public comments submitted via email: Sheri Liebe said via email that it was important to her that the City maintain the beauty and safety of the City's trails. Amer Holmes hoped the City would preserve the ecosystem and environment. Stephanie Hawkins said that while she enjoys using the City's trails, she is concerned about the Canyon Loop Trail project adversely affecting animals and trees and wants the City to use light impact trail building techniques to preserve the natural resources as well as, protect the area from future development. Jack Sun said that as a resident who uses the Canyon Loop trail, he believes the trail should be left in its natural terrain for the enjoyment of hikers, that it would adversely impact nature and wildlife, and that the trail area should be protected from future development. Barbara Armstrong recommended that this project be completed with cost-effective light construction to preserve the wildlife habitat. James Flournoy said that hand work to clean up the trail without disturbing habitat would be okay, that there should be no heavy mitigation construction, and that any work contemplated should begin after nesting season is over. Melissa Mills recommended the City Council reconsider using heavy equipment and instead consider a low impact trail project with a correct management plan to protect the natural habitat. FEBRUARY 2, 2021 PAGE 5 CITY COUNCIL James Hazlett urged the Council to vote against this proposal which presents a real threat to the City's native habitat and wildlife areas and that the area should be exempted from housing development. Robin Smith, representing the Diamond Bar -Pomona Valley Sierra Club Task Force, urged the City to request guidance for low -impact trail build from the United States Fish and Wildlife Service for trail projects. Public comments offered telephonically: Diego Tamayo did not support the project due to the threat he believed it imposes to the surrounding environment, especially the Coast Live Oaks. He supports low -impact trail mitigation and maintenance. Lee Paulson opposed the project and was concerned about saving Tres Hermanos and the City's open spaces. He believes the answer to achieving the desired result would be a large number of seemingly inconsequential decisions which observe best conservation practices that embrace the letter and spirit of the law by working with the expertise of governmental agencies which, in his opinion, this project does not do. Iris Mann opposed the project and hoped public comments about protecting the environment would be heard by the City Council. Paul Deibel said that as a trail user, the proposed improvements would be much appreciated. According to the staff report there was no contradiction between the project and the natural habitat proposed for mitigation and felt the project would be a great investment for the City. Kim Hsieh, Parks and Recreation Commissioner, believed that Diamond Bar has always been very careful about how these types of projects are moved forward to preserve natural habitats and environment as well as, the safety of those who use the trails. She agrees with others who have commented as such this evening and asked if the Parks and Recreation Department could look for a way to work around the trees and add benches and chairs. M/Lyons closed Public Comments. M/Lyons asked PRD/Wright to respond to comments about how this project would disturb wildlife and landscape. PRD/Wright responded that there are very specific mitigation measures regarding these issues. CDD/Gubman confirmed to M/Lyons that she is correct that staff made a significant effort in enlisting biological experts and experts in other environmental disciplines to prepare a detailed and legally defensible environmental document. The Initial Study and Mitigated Negative Declaration that was prepared was subject to a 30-day public review period that was also forwarded to the State Clearing House, which is FEBRUARY 2, 2021 PAGE 6 CITY COUNCIL responsible for distributing the Environmental Document to the trustee and responsible agencies, among which is the California Department of Fish and Wildlife that provided substantial detailed comments regarding mitigation, avoidance of work during nesting season, and replacement ratios of up to 5:1 onsite or off site, for any habitat that is removed in the course of the work. Staff presented the Mitigated Negative Declaration with mitigation measures that address all of these issues as well as, other topics that were not discussed today including Tribal Resources and Cultural Resources, and the final Mitigated Negative Declaration incorporated all of the comments provided by California Department Fish and Wildlife. As such, the final document does reflect their requirements and they will be a stakeholder as the City moves forward. The City will need to obtain permits from CDFW prior, during and for a monitoring period of years after the improvements are completed, for which the City will make a significant investment that will provide incentive to avoid habitat intrusion to the greatest extent possible. Allen Neshameny, Michael Baker International, Environmental Consultant to the project, concurred with CDD/Gubman's summary regarding the lengths to which biological impacts were analyzed under the project and the mitigation to which the project will be subjected. There is an attachment to the final Initial Study before the Council tonight which is an extremely detailed habitat assessment that includes the result of numerous focus surveys that were done specifically for gnatcatcher and cactus wren to make certain there was an accurate and comprehensive baseline for existing conditions and what the project might impact. M/Lyons asked if the City is following the CDFW requirements in this project and Mr. Neshameny responded that as previously stated, this is the first step in a long process with the California Department of Fish and Wildlife. The heart of the process will take shape once the permit applications and additional materials are forwarded to CDFW after final design occurs and once parameters of the project are better defined. Comments received from CDFW were taken to heart and in turn, a very detailed Response to Comments was prepared and is contained within the information provided to Council tonight. Modifications have been made to all of the biological measures at the recommendation of CDFW to make sure those measures are acceptable and effective as possible. MPT/Low asked for clarification regarding open space versus housing in accordance with the General Plan update. CDD/Gubman responded that there continues to be significant disinformation and fear -mongering regarding the fate of Diamond Bar's open space. The General Plan update process designated this area as open space, that under the old General Plan would have accommodated development (about 300 acres). Open space in the General Plan update prevails and supersedes any zoning and rezoning follows after the General Plan update process as part of the implementation of the newly adopted General Plan. While the FEBRUARY 2, 2021 PAGE 7 CITY COUNCIL current zoning may be "residential", the City adopted a General Plan that designates the area "open space" which means the City cannot develop or issue permits on any property unless the designation is consistent with the General Plan. If the zoning is inconsistent with the General Plan, it needs to be trued up to accommodate the General Plan designation. Moreover, the General Plan policy states that no open space designated land may be changed to another General Plan designation without bringing that forward to be placed on the ballot for a vote of the people. As such, the open space designation guarantees the preservation of open space to preserve the ecological resources of the community and any improvements made in open space areas are designed to support that ecological asset. CDD/Gubman further stated that staff is very appreciative of the efforts of the Sierra Club and Responsible Land Use as well as, other stakeholders in the community for providing evidence and findings that there is critical habitat within the project area that supports the gnatcatcher and cactus wren and their early input that led to this substantial effort to vet the environmental impacts to the greatest extent possible which enabled to staff to provide an even more robust and extensive documentation of what resources are on the property. MPT/Low felt the amenities called out by public speakers are amenities that would be put to good use by hikers who use the trails. Trails are valued and treasured amenities for Diamond Bar. C/Tye thanked CDD/Gubman for reminding him of other controversial projects over the years, one of which included negotiations with a developer for what is now the Canyon Loop Trail. During that process, a previous Council Member or members insisted that it be specific that if this land use was proposed to be used for development it would have to go to a vote of the people and to that end, C/Tye felt it was very disingenuous to imply that houses in that area are a threat, something he believes would never happen. It is hard for him to believe that there is a cohort that is opposed to improving the City's trails. What Diamond Bar has been able to do with what is available is remarkable to him and he believes that the Canyon Loops Trail benefits the community and improving them and making them better for everybody to enjoy is commendable. Public Comments are not ignored and it is important while considering the input to consider the facts and realize that this area will never have homes on it. C/Liu asked what systems are in place to guarantee the preservation of natural habitat during construction and what system does the City have in place to guarantee minimum impact during construction. PRD/Wright responded to C/Liu that specifically for this project, there is a Mitigation Monitoring and Reporting program in place for the City and contractor to follow that identifies responsibility for monitoring compliance, prior to, during, and following construction. FEBRUARY 2, 2021 PAGE 8 CITY COUNCIL CDD/Gubman responded to C/Liu that through the City's ongoing work in partnership with the California Department of Fish and Wildlife, any plant material introduced into that site would be subject to approval of CDFW with very specific criteria for the type of plant material which would obviously be native plants that support the habitat. Moreover, the Scope of Work with Michael Baker International will include preparation of a Trail Management Plan to ensure ongoing maintenance of the natural habitat in a non-invasive and non -damaging manner. C/Chou asked for response to comments regarding low -impact construction and how it applies to this project. Mr. Neshameny responded that regarding to low -impact jobs these types of measures generally focus on larger development projects that result in potential water quality concerns, new roadways, etc. and in this situation, there is a natural surface trail which would remain natural surface after implementation of this project and within these areas, the low -impact strategies do not come into play to any extent. C/Chou asked to what degree heavy equipment would be moved into this area. Mr. Neshameny reiterated that the magnitude of improvements will be relatively minimal and there will be no large bulldozers or other such equipment. Most of the work will be done by hand tools only. PRD/Wright agreed and asked the Council to keep in mind that this project is in the conceptual plan phase. Staff will be working with the landscape architect this spring to finalize documents including construction plans with the intent to minimize any impact to the environment. He anticipates that would limit construction to hand tools and by hand work and not heavy equipment. Once it has been determined what improvements will be made and what kind of equipment will be necessary to complete the work, this matter will be brought back to Council for consideration. MPT/Low moved, M/Lyons seconded, to adopt Resolution 2021-04 approving and adopting the final Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Canyon Loop Trail Improvement Project and directing City staff to file a Notice of Determination. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None C/Tye moved, MPT/Low seconded, to approve the Canyon Loop Trail Improvement Project. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, FEBRUARY 2, 2021 PAGE 9 CITY COUNCIL M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chou thanked staff for their due diligence in preparing and executing documents for tonight's meeting and said he appreciated public comments on agenda items which are taken seriously by the Councilmembers. He reported on the January food and mask distribution event, hosting of a town hall on the vaccine rollout, the town hall promoted by Senator Newman with a focus on his commitment to help with funding of the SR/57 Confluence Project and reopening of the school districts, and the Food Donation Drive on Saturday, February 6t" at the United Church of Christ from 10:00 a.m. to 1:00 p.m. C/Liu thanked staff and consultants for their thorough presentations and residents for the lively discussions and input, thanked M/Lyons and Council Members for working together with staff for taking swift action in working with Waste Management to address community concerns, thanked the community for their help in adjusting to the new waste pickup schedule and thanked Terri Muse of Waste Management for addressing the special needs of the community members. He thanked the community for working together and hoped everyone would remain safe. C/Tye said that rather than traveling to Sacramento for the annual California Contract Cities Association Legislative Tour and talk with assembly members and senators, they participated in a virtual tour held over four Thursdays this year. He echoed C/Liu's comments about Waste Management and how they dealt with a very difficult situation, thanks to Terri Muse who took the City's concerns to corporate management. M/Lyons announced that MPT/Low left the meeting. M/Lyons reported that she, MPT/Low and CM/Fox met with newly elected Congresswoman Young Kim for discussion about community concerns, talked about the Safer Internet Day, and reported on the Council of Governments meeting on homelessness. M/Lyons said she would be adjourning tonight's meeting in memory of former City employee Phil Williams who with his wife, Reverend Pat Williams, have lived in Diamond Bar for almost 55 years of their 65 year marriage. ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the Regular City Council Meeting at 8:39 p.m. in memory of Phil Williams. FEBRUARY 2, 2021 PAGE 10 CITY COUNCIL Respectfully submitted: Kristina Santana, City Clerk The foregoing minutes are hereby approved this 16th day of February, 2021. j Na c Lon Y Y ayor Ll