HomeMy WebLinkAbout2021.05.18 - Minutes - Regular MeetingCITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM
21810 COPLEY DRIVE, DIAMOND BAR, CA 91765
MAY 18, 2021
STUDY SESSION: 5:00 p.m.
FISCAL YEAR 2021/2022 OPERATING BUDGET
Public Comments: None Offered.
Adjournment: M/Lyons adjourned the Study Session at 6:19 p.m.
Mayor Lyons announced that consistent with COVID-19 regulations,
public were encouraged to participate and address the City Council
comment portion of the meeting via teleconference. Members of the
limited staff were physically present for the meeting. Public seating
due to distancing requirements on a first -come, first -serve basis.
members of the
during the public
City Council and
was very limited
CALL TO ORDER: Mayor Lyons called the Regular City Council meeting
to order at 6:35 p.m.
PLEDGE OF ALLEGIANCE: M/Lyons led the Pledge of Allegiance.
ROLL CALL: Council Members Andrew Chou, Stan Liu, Steve Tye,
Mayor Pro Tem Ruth Low, Mayor Nancy Lyons
Staff in Attendance: Dan Fox, City Manager; Kristina Santana, City Clerk.
Also Present Diamond Bar/Walnut Station Captain Stephen Tousey, LA
County Sheriff's Department, and Consultants Anna Sarabian, Fieldman Rolapp &
Associates and Cyrus Torabi, Stradling Yocca Carlson & Rauth.
Staff participating telephonically: David DeBerry, City Attorney; Ryan McLean,
Assistant City Manager; Anthony Santos, Assistant to the City Manager; Ryan Wright,
Parks and Recreation Director; David Liu, Public Works Director; Hal Ghafari, Public
Works Manager/Assistant City Engineer; Fabian Aoun, Assistant Engineer; Greg
Gubman, Community Development Director; Brent Mason, Interim Director of Finance;
Amy Haug, Human Resources and Risk Manager; Ken Desforges, Director of
Information Services; Marsha Roa, Public Information Manager;
Cecilia Arellano, Public Information Coordinator.
APPROVAL OF AGENDA: M/Lyons stated that due to tonight's lengthy agenda
and the number of people wishing to speak on various items, public comments would be
limited to 3 minutes.
1. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
MAY 18, 2021 PAGE 2 CITY COUNCIL
2. PUBLIC COMMENTS:
CC/Santana announced that no public comment emails or cards were received
for tonight's meeting.
Allen Wilson requested the presence of interpreters for the hard of hearing during
City Council meetings.
3. CONSENT CALENDAR: MPT/Low moved, C/Tye seconded, to approve the
Consent Calendar as presented. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Liu,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
3.1 APPROVED CITY COUNCIL MINUTES:
3.1 a MAY 4, 2021 STUDY SESSION.
3.1 b MAY 4, 2021 REGULAR MEETING.
Tye, MPT/Low, M/Lyons
3.2 CITY COUNCIL RECEIPT OF COMMISSION MINUTES:
3.1a PLANNING COMMISSION -MEETING OF FEBRUARY 23, 2021
AD PLANNING COMMISSION - MEETING OF MARCH 23, 2021
3.3 RATIFIED CHECK REGISTER DATED APRIL 22, 2021 THROUGH MAY
5, 2021 totaling $335,418.97.
3.4 APPROVED TREASURER'S STATEMENT FOR THE MONTH OF
JAN UARY 2021.
3.5 ADOPTED THE PROCLAMATION DECLARING MAY AS ASIAN
AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH.
3.6 ADOPTED RESOLUTION NO. 2021-18 AUTHORIZING THE SUBMITTAL
OF A PROJECT LIST OF ROAD PROJECTS FUNDED BY THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017 (SB-1) for fiscal year
2021 /2022.
3.7 ADOPTED RESOLUTION NO. 2021-19 ORDERING THE CITY
ENGINEER TO PREPARE AND FILE AN ENGINEER'S REPORT
RELATED TO MAINTENANCE OF IMPROVMENETS IN LANDSCAPING
ASSESSMENT DISTRICT NO, 38 AND ANY ASSESSMENT THEREON,
FOR FISCAL YEAR 2021/2022.
4. PUBLIC HEARINGS:
4.1 LANDSCAPE ASSESSMENT DISTRICT NO. 39.
MAY 1812021 PAGE 3 CITY COUNCIL
C/Chou and MPT/Low recused themselves from consideration of Item 4.1
because they live in District 39, and left the meeting.
PWM/Ghafari presented the staff report.
M/Lyons opened the Public Hearing.
CC/Santana read the following emails into the record:
Ernest Kung, on behalf of Shawn Kung, asked if the City had considered
transferring LLAD No. 41 back to the County of Los Angeles.
Jonathan and Maria Lu asked the City Council to take action according to
staff's recommendation.
Ben Lo asked Council to delay dissolution of LLAD No's 39 and 41 and
consider better solutions.
Rebecca Lu requested postponement of dissolution of LLAD No. 39 and
recasting of the ballot.
Robert Hsieh asked for postponement of dissolution of LLAD No. 39 and
recasting of the ballot with better clarification of the consequences.
Mimi Chan provided a list of additional petition signers.
Lily and Vince asked for postponement of dissolution of LLAD No. 39 and
recasting of the ballot with greater clarify regarding the impact of the vote.
Bing Wang requested a postponement of dissolution of LLAD No. 39 and
recast of a new ballot with more information about the potential impact of
the vote.
Harry and Joy Lim said "NO" to dissolution of LLAD No. 39.
Richard Hess urged Council to approve a new vote on keeping District No.
39.
Comments offered telephonically during the meeting:
Mariann Hess thanked Council for its consideration in not dissolving
LLAD No. 39 at this time as she and a small group of individuals
continue to educate other property owners in the district about the impacts
of the vote and was concerned about how the firebreak areas would be
cared for.
MAY 18, 2021 PAGE 4 CITY COUNCIL
Rashmi Malik was concerned about the risk of fire and whether
residents would be required to take care of the fire break areas
behind their homes as well as, how it might affect property values.
M/Lyons closed the Public Hearing.
M/Lyons asked if it was possible to return the district to LA County and
WPM/Ghafari responded that if it was possible and the County was willing,
the same issues would exist and the County would have to fully fund
the landscape and maintenance items.
C/Liu asked for the timeframe for the re -vote and PWM/Ghafari responded
that it would be similar to that of District No. 41. The difference for District
No. 39 is that the City would need to implement a more robust outreach
program which could take a number of months to work though since there
are no HOA's involved.
C/Tye further explained that in order for there to be sufficient time for
outreach, it will go into the next fiscal year and asked for guidance on the
vote. CA/DeBerry suggested that the Mayor ask for a motion on
Resolution No. 2021-15 and if there is no motion forthcoming, the motion
dies.
M/Lyons pointed out that this means that the City will continue to subsidize
LLAD No. 39 for one more year before a re -vote can be scheduled.
M/Lyons asked for a vote on Resolution No. 2021-15. There being no
motion, the matter died for lack of motion.
C/Tye moved, C/Liu seconded, to adopt Resolution No. 2021-20 ordering
the City Engineer to prepare and to file a report related to maintenance of
improvements in the existing Landscape Assessment District No. 39 for
Fiscal Year 2021-2022. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Liu, Tye, M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Chou, MPT/Low
C/Chou and MPT/Low returned to the meeting.
5. COUNCIL CONSIDERATION:
5.1 NEW LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021.
C/Liu recused himself from consideration of Item 5.1 because he lives
within District 39, and left the meeting.
PWM/Ghafari presented the staff report.
MAY 18, 2021 PAGE 5 CITY COUNCIL
M/Lyons asked for Public Comment.
CC/Santana stated no emails were submitted for this item.
Alex Stewart thanked the Council for moving forward with the
revised ballot and said the HOA's have been very successful in
reaching out to homeowners who offered positive comments which
he hopes leads to a positive vote outcome.
M/Lyons closed Public Comments.
C/Chou suggested the ballot state that the translated ballot is accessible
through the City's website.
MPT/Low asked what I
District and PWM/Ghafari
regulations, it provides
sustainable. There is no
beyond what is required.
evel of services the $284,000 provides to the
responded that in accordance with the rules and
a level of service to make certain the district is
reduction in services and does not go above and
MPT/Low suggested that the language in the bottom left hand portion of
the ballot be simplified to read: If you vote YES we are forming a new
district and your assessed rate will be . If you vote NO, the district
will be dissolved and the maintenance will return to the homeowners.
M/Lyons agreed with MPT/Low and felt that the recommended language
should be in bold letters.
C/Tye asked what the community at -large benefit of 3.84 percent included
and PWM/Ghafari responded that slopes that face the public right-of-way
and other areas of interest are enjoyed by the residents as they traverse
the area. C/Tye was concerned about the amount of time when the ballot
goes out and PWM/Ghafari explained that everything is ready to go out to
residents in time for the July 6t" vote.
C/Chou moved, MPT/Low seconded, to adopt Resolution No. 2021-21
declaring intention to form new Landscape Assessment District No. 41-
2021, approving the Engineer's Report, providing notice of public hearing,
and mailing of the assessment ballot. Motion carried by the following Roll
Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
C/Liu rejoined the meeting.
Chou, Tye, MPT/Low, M/Lyons
None
Liu
MAY 18, 2021 PAGE 6 CITY COUNCIL
5.2 ESTABLISHMENT OF THE DIAMOND BAR PARKING AUTHORITY
CM/Fox provided the staff report.
M/Lyons asked for Public Comments.
CC/Santana stated no public comment emails were received and no
speakers in the meeting stepped forward.
M/Lyons closed Public Comments.
C/Tye moved, MPT/Low seconded, to adopt Resolution No. 2021-22
establishing the Diamond Bar Parking Authority, designating the City
Council to serve as Members of the Parking Authority and other
administrative matters. 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
5.3 CONSIDERATION TO AFFIRM A VOTE OF NO CONFIDENCE IN LOS
ANGELES COUNTY DISTRICT ATTORNEY GEORGE GASCON.
MPT/Low stated that because she is an employee and member of the
Office of the District Attorney of LA County, there is a conflict with her
participation on this vote. She recused herself and left the meeting.
CM/Fox introduced the item.
The following persons submitted emails and/or in -person public
comments in support of a Council Vote of No Confidence for Los
Angeles County District Attorney George Gascon:
In -Person Public Comments:
Angela Brunson
Brian Worthington
Aron Doughty
Allen Wilson
Gib Meeley
Public Comments submitted by email and emails containing
additional remarks and crime related experiences were read by
CC/Santana. Participants spoke in support of the Resolution with the
exception of two speakers as indicated with an asterisk (*), who
spoke in opposition to the No Confidence Resolution.
MAY 187 2021 PAGE 7 CITY COUNCIL
Edil Vazquez
J. Charles Marquez
Lacey Levitt, Ph.D.
Linda Fang
Tina Goodman
Julie Yanow
Casey Cox
Caryn Burgh
Wison Choe
Bonni Mantovani
Emily Ruddo
Melissa Utterback
Paula Stern
Rober Hsieh
Isaac & Anna Mercado
Bruce Morgan
Anonymous
CJ Pallares
Anna Pring
Kip Riggins
Valerie Perales
K George Whitehouse
Jean Claude Fhal
Marc Scapa
Emily Ulstrup
Ed Marzec
Joseph
Joanne Marcellino
Gary White
Paul Tzeng
Anonymous
Lana Wood
Concerned Citizen
Sheldon Burgh
Nina N.
Tim
Ser Hagopian
Bruce Evans
Jonathan Htami
Tom
Robert Hansen
*Adrienne Cotterrel
Kathy Giordano
Jack
Joseph Trevizu
Devon Cormier
Ted Olivos
MAY 18, 2021 PAGE 8 CITY COUNCIL
Vox Populi
Ruth Kawamoto
Joshua Boyer
Marina Isabel Ramirez
Ali Altaha
Sherine Saade
Kristin Lindquist
Julie Lagos
Doug Barcon
Corine Rodriquez
Patsy Okada
Sam and Wendy Koo Ling
Paula Glickstein
Sandy Verna Jackson
Trudy Boehme
Kelley Siebenaler
Mona Zion
Alicia Alvarado
Tom Snook
Judy Schlecht
Abel Pereira
*Iris Mann
Erwin Gee
Bryce Yokomizo
Mike Ramirez
Terrisa Lu
John Bowler
Shannon Wainwright
Additional call
Desiree Andrade
M/Lyons closed Public Comments.
C/Chou pointed out that as reflected in its budget, Diamond Bar has
always placed a priority on Public Safety. Council Members were elected
to represent the 57,000 residents of Diamond Bar and as such, he intends
to support the resolution.
C/Liu thanked the public for sharing their heartfelt stories and concerns.
Council Members are elected to serve the residents of Diamond Bar and
all agree that Public Safety is No. 1.
C/Tye thanked everyone who emailed, called in and spoke this evening.
According to LAPD stats, since January 1st (2021), there have been 465
shootings and 115 homicides. According to the LAPD, these stats are
MAY 18, 2021 PAGE 9 CITY COUNCIL
mainly attributable to gangs and the LA District Attorney has dismantled
the gang unit. This is not a Republican or Democrat issue — this is a
human rights issue, a community issue for Diamond Bar and a Public
Safety issue, as well. He chooses to support the community who have
expressed their concerns. CC/Santana read 82 emails, 80 of which were
in support of the resolution. C/Tye said he chooses to support the
Diamond Bar/Walnut Sheriff's Department which needs the City's support
now more than ever and, he chooses to support a vote of No Confidence
in Los Angeles District Attorney George Gascon.
C/Tye moved, M/Lyons seconded, to approve Resolution 2021-23
affirming a vote of No Confidence in Los Angeles County District Attorney
George Gascon. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Liu, Tye, M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Low
MPT/Low returned to the meeting.
RECESS: M/Lyons recessed the Regular City Council Meeting to the Special
Parking Authority Meeting at 8:57 p.m.
RECONVENE: M/Lyons reconvened the Regular City Council Meeting at
9:02 p.m.
6. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPOS/COUNCIL MEMBER COMMENTS:
C/Chou said it was a pleasure to meet in person again. He congratulated Nekter
reopening under new management and hoped everyone would choose to be
vaccinated and continue to be safe.
C/Liu said it was great to see everyone in person and be able to interact safely
and appreciated City leadership and staff making it possible. He thanked
residents for taking time to share their concerns and the Parks and Recreation
Department for resuming Summer Day Camp and Concerts in the Park events.
C/Tye thanked staff for a terrific budget report and for their efforts toward
properly realigning LLAD No. 39 and 41 as the City looks forward to successful
action on both. He thanked his colleagues for listening to a marathon of
information from residents and non-residents and for taking a position to let the
community know that this Council and City value public safety.
APT/Low
thanked her colleagues on the City Council who have her deep
gratitude for their affirmative vote of No Confidence, an issue that affects her
deeply. She joined the district attorney's office over 22 years ago for the purpose
of helping victims, survivors and others deal with their trauma and to help people
MAY 18, 2021
PAGE 10
CITY COUNCIL
respect laws and society. What this Council did today is what she has chosen to
do with her career. She thanked M/Lyons for her leadership in recognizing Asian
American Pacific Islander Month on behalf herself and so many residents who
are very grateful. She thanked CM/Fox and his staff for a great and safe meeting
and for their constant innovative and creative work in handling the effects of the
pandemic over the past 15 months. It was great fun to enjoy the Grand Opening
at Nekter in person and everyone looks forward to a full opening of the
community and thriving businesses.
M/Lyons acknowledged C/Liu for bringing forward the Asian American Pacific
Island Month proclamation. She thanked staff for their hard work in putting
together tonight's in -person meeting and especially thanked CM/Fox and
CC/Santana for all of their effort and preparation. Council is so happy with the
performance of the City's Bond offering and the efforts of staff and
FD/Honeywell, IFD/Mason and especially CM/Fox who took no credit for being
able to take advantage of the overall favorable market conditions and near
historic low interest rates. When the bonds close on June 9th the City will have
secured an average annual debt service savings of $145,000 through year 2033.
She congratulated C/Tye who was part of the winning foursome in the Golfing 4-
Kids Tournament.On May 7th with staffs help, the Council met with
Congresswoman Kim at the old Honda site for a tour of the the SR57/60
Confluence area. Congresswoman Kim and other representatives from San
Gabriel Valley recently sent a letter to Transportation Secretary Pete Buttigieg
asking for infrastructure grant money to help fund the project and their efforts are
greatly appreciated. Following the tour, Council took Congresswoman Kim's
Chief of Staff to the Sunset Crossing area to show him the area and discuss the
Sunset Crossing Park proposal plans. Although he made no commitments, she
hopes that in the near future funding will be made available so that the City can
move forward with the park.
ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the
Regular City Council Meeting at 9:12 p.m.
Respectfully submitted:
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 1St day of June, 2021.
Nancy LyQns,�Vfayor