HomeMy WebLinkAbout2020.12.10 Agenda Packet - Special MeetingCity of
Diamond Bar
City Council Agenda
Special Meeting
Thursday, December 10, 2020
11:00 AM
PUBLIC ADVISORY:
Consistent with the Governor's latest Executive Order to Stay at Home, avoid gatherings and
maintain social distancing, this meeting will be conducted telephonically and Members of the
City Council and staff will be participating via Teleconference. There will be no physical meeting
location.
How to Observe the Meeting:
To maximize public safety while still maintaining transparency and public access, members of
the public can observe the meeting by calling +1 (914) 614-3221, Attendee Access Code: 747-
722-609 or by visiting https://attendee.gotowebinar.com/register/1134295089612671759.
How to Submit Public Comment:
Members of the public may provide public comment by sending written comments to the City
Clerk by email at cityclerk@DiamondBarCA.gov by 5:30 p.m. on the day of the meeting. Please
indicate in the Subject Line "FOR PUBLIC COMMENT." Written comments will be distributed to
the Council Members and read into the record at the meeting, up to a maximum of five
minutes.
Alternatively, public comment may be submitted by logging onto the meeting through this link:
https://attendee.gotowebinar.com/register/1134295089612671759. Members of the public
will be called upon one at a time during the Public Comment portion of the agenda, and will be
asked to state their name and agenda item they wish to comment on. Speakers are limited to
five minutes per agenda item, unless the Mayor determines otherwise.
American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if
you need special assistance to participate in the Council Meeting, please contact the City Clerk's
Office (909) 839-7010 within 72 hours of the meeting. City Council video recordings with
transcription will be available upon request the day following the Council Meeting.
The City of Diamond Bar thanks you in advance for taking all precautions to prevent
spreading the COVID-19 virus.
ANDREW CHOU
Council Member
STEVE TYE
Council Member
D1.1110SD BAR
NANCY A. LYONS
Mayor
STAN LIU
Council Member
RUTH M. LOW
Mayor Pro Tem
City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana
DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and
are broadcast on Spectrum Cable Channel 3 and Frontier ROS television Channel 47. You are
invited to attend and participate. Copies of staff reports or other written documentation relating
to agenda items are on file and available for public inspection by contacting the Office of the
City Clerk. If requested, the agenda will be made available in an alternative format to a person
with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you
have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010
during regular business hours.
PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda during
the time the item is taken up by the Council. In addition, members of the public may, during the
Public Comment period address the Council on any Consent Calendar item or any matter not on
the agenda and within the Council's subject matter jurisdiction. Any material to be submitted to
the City Council at the meeting should be submitted through the City Clerk.
Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise.
The Mayor may adjust this time limit depending on the number of people wishing to speak, the
complexity of the matter, the length of the agenda, the hour and any other relevant
consideration. Speakers may address the Council only once on an agenda item, except during
public hearings, when the applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. Behavior that disrupts the orderly
conduct of the meeting may result in the speaker being removed from the meeting.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for regular City Council meetings are available 72 hours prior to the meeting and are
posted in the City's regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3,
Frontier ROS television Channel 47 and on the City's website at www.diamondbarca.gov. The
City Council may take action on any item listed on the agenda.
HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010
Computer access to agendas: www.diamondbarca.gov
General information: (909) 839-7000
THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA
TELECONFERENCE, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED.
THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AND SUNDAY AT
9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND IS ALSO AVAILABLE
FOR LIVE VIEWING AT
HTTPS://ATTENDEE.GOTOWEBI NAR.COM/REGISTER/8832816018460590094
and ARCHIVED VIEWING ON THE CITY'S WEB SITE AT
WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
SPECIAL MEETING
December 10, 2020
CALL TO ORDER: 11:00 a.m.
PLEDGE OF ALLEGIANCE: Mayor
ROLL CALL: Chou, Liu, Tye, Mayor Pro Tern Low,
Mayor Lyons
APPROVAL OF AGENDA: Mayor
1. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2. PUBLIC COMMENTS:
This public comment period is for items listed on the Special Meeting Agenda
ONLY. Although the City Council values your comments, pursuant to the Brown
Act, members of the City Council or Staff may briefly respond to public comments
if necessary, but no extended discussion and no action on such matters may
take place. There is a five-minute maximum time limit when addressing the City
Council. At this time, the teleconference moderator will ask callers one at a time
to give their name and they will then be called upon to speak during the Public
Hearing item.
3. COUNCIL CONSIDERATION:
3.1 EXTENSION OF TEMPORARY SIGN AND TEMPORARY OUTDOOR
COMMERCIAL SERVICES POLICY.
Recommended Action:
Written materials distributed to the City Council within 72 hours of the City Council meeting are
available for public inspection immediately upon distribution in the City Clerk's Office at 21810 Copley
Dr., Diamond Bar, California, during normal business hours.
DECEMBER 10, 2020 PAGE 2
Extend the Temporary Sign and Temporary Outdoor Commercial Services
Policy until State and/or County -imposed COVID-19 indoor business
occupancy restrictions are lifted.
Requested by: Community Development Department
3.2 COVID-19 BUSINESS RECOVERY EFFORTS.
Recommended Action:
Discuss and provide direction as deemed appropriate.
Requested by: City Manager
4. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
5. ADJOURNMENT:
3.1
Agenda #: 3.1
Meeting Date: December 10, 2020
CITY COUNCIL ®! AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: EXTENSION OF TEMPORARY SIGN AND TEMPORARY OUTDOOR
COMMERCIAL SERVICES POLICY.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
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Extend the Temporary Sign and Temporary Outdoor Commercial Services Policy until
State and/or County -imposed COVID-19 indoor business occupancy restrictions are
lifted.
FINANCIAL IMPACT:
Implementation of the COVID-19 Temporary Use Permit program will result in a waiving
of permit revenue to offset hourly costs to process approvals for temporary outdoor
uses. There are no direct costs associated with suspending temporary sign regulations.
7_[61:(r]:1911101IX:11 Q 6*9111:1*4 Eel LI A
On June 2, 2020, the City Council adopted policies to provide regulatory relief to
businesses impacted by the indoor occupancy restrictions imposed to limit the spread of
the COVID-19 virus. Specifically, the Council suspended regulations pertaining to
temporary signs, and implemented a streamlined, no -fee permitting process for
temporary outdoor dining areas. These policies were initially set to expire on August
31, 2020.
On August 4, 2020, when it became clear that the indoor occupancy restrictions would
be in effect for much longer than initially anticipated, the City Council revised the
policies as follows:
• The suspension of regulations pertaining to temporary signs was extended to
December 31, 2020;
Packet Pg. 5
3.1
• The streamlined, no -fee, temporary outdoor use permit policy was expanded to
apply to all businesses, not just restaurants. Additionally, this policy was revised to
remain in effect for as long as County protocols apply, or until such time that the
Council deems it warranted to discontinue them.
As we approach the end of the calendar year, COVID-19 cases continue to surge to
new record levels. Although vaccines are anticipated to come to market imminently,
widespread availability is still months away.
As stated, the temporary outdoor use permit policy remains in effect until indoor
occupancy restrictions are limited. However, the temporary sign policy is set to expire
at the end of the calendar year. Should the Council wish to further extend the
temporary sign policy, staff recommends that it be allowed to remain in effect until the
County indoor occupancy restrictions apply, and thus avoid the need to continue
revising the policy from time to time. In other words, staff recommends aligning the
temporary sign policy with the temporary outdoor use policy, as reflected in the revised
policy document provided in Attachment A.
PREPARED BY:
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Gr Gubma ommuni fDevelopment Director 12/10/2020
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Attachments:
1. 3.1.a Temporary Sign and Temporary Outdoor Commercial Services Policy -
Extension #2
Packet Pg. 6
3.1.a
CITY OF
'MM
DIAMOND BAR
C A L I F 0 R N I A
Temporary Sign and Temporary Outdoor
Commercial Services Policy
For Businesses Durina the COVID-19 Emeraencv
[Updated December 10, 2020.]
Intent
This Policy is intended to provide regulatory relief to non -home -based businesses
impacted by the indoor occupancy restrictions enacted to control the spread of COVID-
19. The temporary provisions set forth in this Policy shall remain in effect as long as
statewide and/or L.A. County Public Health indoor occupancy restrictions remain in
effect, or until such time as the City suspends, terminates or amends this Policy.
Temporary Signs
The City Council has authorized the temporary suspension of the Temporary Sign
Regulations for businesses, subject to the following guidelines and restrictions:
• Business operators must obtain property owner permission for any free-standing signs
not in locations controlled by the tenant.
• Businesses within a center are encouraged to coordinate efforts to provide a joint or
center -wide banner at prominent corners and center entrances to provide a
cohesive appearance and avoid sign clutter.
• Signs shall not be located within the public rights -of -way, medians or on other City
property.
• Signs or other advertising media shall not be placed on, attached to, tethered or
otherwise affixed to the roof of any building above the eave or parapet line.
• Signs or other advertising media shall not extend above the height of the building
associated with the businesses being promoted by such signs or advertising media.
Outdoor Commercial Services
Purpose and Scope
In response to the COVID-19 emergency restrictions on specified businesses, the City
Council has streamlined the permitting process for temporary outdoor commercial
services in conjunction with specific types of establishments. The requirement for a Minor
COVID-19 Temporary Sign and Temporary Outdoor Commercial Services Policy I Page 1 of 3
Packet Pg. 7
3.1.a
Conditional Use Permit (MCUP) for outdoor commercial services has been waived and
made subject to the administrative approval of a COVID-19 Temporary Use Permit (CV-
TUP).
Fees are waived for CV-TUP applications, and any building plan checks and building
permits issued associated with temporary outdoor commercial services.
CV-TUP Application Requirements
The application materials listed below shall be submitted to the Community
Development Department. Materials may be submitted online or mailed to City Hall.
• A complete application form, signed by both the business applicant and the property
owner/center management company representative.
• A site plan (which may be hand -drawn on, for example, an aerial photo printed from
Google Maps or similar services) showing the following:
o Location of the area for outdoor services.
o A safe path to and from one or more doors of the business establishment to the
area for outdoor services.
o A plan showing the layout of any tables, chairs, trash receptacles, heaters, shade
structures and other proposed site amenities. Tents or canopies that cover an
area greater than 120 square feet require a permit from the Los Angeles County
Fire Department.
o If the area for outdoor service is proposed in a parking lot, it shall be designed such
that:
➢ Barriers or other methods are proposed to protect seating areas from vehicles
encroaching into the area.
➢ It does not create a vehicular circulation conflict within the parking lot.
➢ If an outdoor business operation is proposed during other than daylight hours,
state how lights or other methods will be used to ensure that drivers are aware
of and can avoid the outdoor service area.
Expedited Approval Procedures
Upon receipt of a CV-TUP application, Planning Division staff will review the application
and contact the applicant within three (3) business days:
• Staff will verify that all required information has been provided and requirements have
been satisfied. Applicants may be asked for additional information or clarifications
be provided to ensure consistency with requirements.
• Once approved, the applicant will be notified that the business has been registered
for the new/additional outdoor services.
COVID-19 Temporary Sign and Temporary Outdoor Commercial Services Policy I Page 2 of 3
Packet Pg. 8
3.1.a
• Upon installation of the temporary improvements, the applicant shall schedule an
inspection with City staff to ensure compliance with the approved plans all
applicable regulations. City staff will inspect the new/additional area for outdoor
services at the scheduled time. The business owner or business manager must be
present in order to immediately address any compliance issues. If the inspection is
approved, an email will be sent stating that the new/additional area for outdoor
services is approved to begin operation.
If other public agencies have permitting or licensing authority over the outdoor
operations of the business (such as LA County Public Health, the Department of Alcoholic
Beverage Control, California Board of Barbering and Cosmetology and LA County Fire),
the applicant shall be responsible for ascertaining and complying with the requirements
of those agencies.
Operating Requirements, Conditions and Limitations
• Spacing of Outdoor Uses - The delineated boundaries of each temporary outdoor
use shall be spaced at least six feet from the delineated boundaries of any other
outdoor use.
• Outdoor services shall not be used for activities that would promote congregating,
involve shared equipment, or amplify sound, including but not limited to:
o Standing areas
o Live music
o Outdoor games
o Music over speakers
o Movies
o Broadcast sports
o Loudspeaker call systems
o Pets, except as provided in the Americans with Disabilities Act
• Required pedestrian paths and ADA access for all businesses shall be maintained at
all times.
• Seating shall be ADA compliant to the Building Official's satisfaction.
• Seating and other areas in parking lots shall maintain adequate emergency vehicle
access, as well as access to fire hydrants and other firefighting equipment, to the
satisfaction of the LA County Fire Department.
• All outdoor areas associated with business operations shall be maintained and kept
clean of litter and spills.
• Electrical cords shall be securely anchored to the ground to prevent tripping hazards
or create ADA obstructions.
COVID-19 Temporary Sign and Temporary Outdoor Commercial Services Policy I Page 3 of 3
Packet Pg. 9
3.2
Agenda #: 3.2
Meeting Date: December 10, 2020
CITY COUNCIL ®! AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: COVID-19 BUSINESS RECOVERY EFFORTS.
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
Discuss and provide direction as deemed appropriate.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
At the December 1, 2020 City Council meeting, the Council requested that a Special
Council Meeting be scheduled to discuss the latest COVID-19 impacts, particularly as
they relate to business recovery. Since that time, California Governor Newsom issued a
new Regional Stay Home Order that became effective Sunday, December 6, 2020 as
available ICU beds dropped below the capacity target of 15%. The Order is anticipated
to remain in place through December 27, 2020. The Order is in response to the latest
and most dramatic COVID-19 surge that is being experienced throughout the nation,
including California and LA County.
Since November 1, 2020, new cases of COVID-19 and hospitalizations have
skyrocketed, surpassing the numbers initially seen during the onset of COVID-19 in
March/April, and the surge between May and July. If the number of new cases and
hospitalizations continue to rise, including those that require intensive care, the States'
health care system will be overwhelmed. The following table illustrate the metrics as
reported for LA County and the City of Diamond Bar.
COVID-19 LA County Nov. 1, 2020 Dec. 7, 2020 # Change % Change
Cumulative Cases 309,189 457,880 148,891 48.1%
Packet Pg. 10
3.2
Total Deaths
7,072
7,936
864
12.2%
7-Day Positivity Rate
2.8%
10.2%
7.4%
264.3%
Hospitalizations
799
2,988
2,189
274.0%
COVID-19 Diamond Bar
Nov. 1, 2020
Dec. 7, 2020
# Chan e
% Change
Cumulative Cases
654
1,084
430
65.7%
Total Deaths
10
16
6
60.0%
It is expected that the number of new cases, deaths and hospitalizations will continue to
surge as these metrics do not reflect activities from the Thanksgiving weekend, nor from
activities that may occur over the Christmas, Chanukah and New Year's holidays.
California Reaional Stav Home Order
California's latest Regional Stay Home Order divides the State into five (5) regions. The
southern California region includes Imperial, Inyo, Los Angeles, Mono, Orange,
Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, Ventura
counties. In summary, the California Regional Stay Home Order is designed to go into
effect the day after a region has been announced to have less than 15% ICU
availability. Once triggered, the Order will remain in effect for at least 3 weeks. After
that period, it will be lifted when a region's projected ICU capacity meets or exceeds
15%. This will be assessed on a weekly basis after the initial 3-week period.
As of December 6, 2020, the available capacity of ICU beds in the southern California
Region was reported to be at 10.9%.
In general, the Order prohibits private gatherings of any size, closes sector operations
except for critical infrastructure and retail, and requires 100% masking and physical
distancing in all others. In addition, the following sector modifications are required:
To close:
• Indoor and Outdoor Playgrounds
• Hair Salons and Barbershops
• Personal Care Services
• Museums, Zoos, and Aquariums
• Movie Theaters
• Wineries
• Bars, Breweries and Distilleries
• Family Entertainment Centers
• Cardrooms and Satellite Wagering
Modifications will be applied to:
• Retail: Allow indoor operation at 20 percent capacity with entrance metering and
no eating or drinking in the stores.
• Shopping Centers: Allow indoor operation at 20 percent capacity.
• Hotels and Lodging: Allow to open for critical infrastructure support only.
Packet Pg. 11
3.2
• Restaurants: Allow only for take-out or pick-up.
• Offices: Allow remote only except for critical infrastructure sectors where remote
working is not possible.
Los Angeles County Health Order
On December 6, 2020, Los Angeles County modified their Health Orders to align with
the State's latest orders. The State's Regional Stay Home Order mirrors in many
respects the Los Angeles County Health Officer Orders that were previously issued on
November 18, 2020 that established a two-tier threshold as cases and/or
hospitalizations increased.
o If the five-day average of cases is 4,000 or more or hospitalizations are more
than 1,750 per day, outdoor and indoor dining at restaurants, breweries, wineries
and bars will be prohibited and these businesses will only be able to offer pick-up
and delivery services.
o If the five-day average of cases is 4,500 or more or hospitalizations are more
than 2,000 per day, a Safer at Home Order will be mandated for three weeks.
The Order would only allow essential and emergency workers and those
securing essential services to leave their homes. In addition, a 10:00 p.m. to 6:00
a.m. curfew would be mandated, with essential workers exempt.
The first tier of more than 4,000 new cases per day was triggered on November 22,
2020, with restrictions on outdoor restaurant seating going into effect at 10:00 pm on
Wednesday, November 25, 2020. The second tier of more than 4,500 new cases was
triggered on Friday, November 26, 2020 with the additional restrictions going into effect
on Monday, November 30, 2020. As of December 7, 2020, the 5-day average of new
cases was 8,739 and hospitalizations were reported at 2,988 persons.
Business Recovery Efforts
To date, the City of Diamond Bar has supported the business community through a
variety of efforts including:
• Relaxation of temporary sign regulations through December 31, 2020 (See
separate agenda item to consider extending the date further)
• Establishing outdoor dining and business guidelines with a streamlined approval
process (See separate agenda item to consider extending the date further)
• Provided $470,000 in small business grants to 94 businesses ($5,000 each)
utilizing available CARES Act and Community Development Block Grant Funds
• Offering on-line planning, building permit and inspection services
• Made available on the City's website and social media channels information
about County, State and Federal assistance and grant opportunities.
• Expanded Diamond Bar Restaurant Week to include all Diamond Bar food
establishments.
Staff remains committed to providing support to the business community. Once the
Packet Pg. 12
3.2
surge subsides, we anticipate that business sectors will be permitted to reopen in a safe
and measured approach. With a vaccine on the horizon, we look forward to the day
when we can all return to some semblance of a new normal. It is recommended that
the City Council discuss and provide direction on any additional efforts to support the
business recovery efforts related to COVID-19.
PREPARED BY:
Dtu';.- / A"'K
iel a n a I er 12/10/2020
REVIEWED BY:
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ya cLean, A sfstant City Manager 12/8/2020
Packet Pg. 13