HomeMy WebLinkAbout2021.08.03 - 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
AUGUST 3, 2021
CALL TO ORDER: Mayor Lyons called the Regular City Council meeting
to order at 6:30 p.m.
M/Lyons stated that consistent with COVID-19 regulations, members of the public were
encouraged to participate and address the City Council during the public comment
portion of the meeting via teleconference. Members of the City Council and limited staff
were physically present for the meeting and public seating was limited due to distancing
requirements on a first -come, first -serve basis.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Low led the Pledge of Allegiance.
ROLL CALL: Council Members Andrew Chou (telephonically), Stan
Liu, Steve Tye, Mayor Pro Tern Ruth Low, Mayor
Nancy Lyons
Staff in Attendance: Dan Fox, City Manager; Ryan McLean, Assistant City
Manager; Greg Gubman, Community Development Director; Joan Cruz, Administrative
Assistant; Kristina Santana, City Clerk
Staff present telephonically: David DeBerry, City Attorney; David Liu, Public Works
Director; Hal Ghafan, Public Works Manager/Assistant City Engineer; Jessica Cortez,
Director of Finance; Amy Haug, Human Resources and Risk Manager; Ken Desforges,
Director of Information Services; Cecilia Arellano, Public Information Coordinator;
Christy Murphey, Recreation Superintendent; Marsha Roa, Public Information Manager
Also in Attendance: Deputy Aaron Scheller, LA County Sheriff's
Department.
APPROVAL OF AGENDA: As presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Golf Course Renovation Project Update —Presentation provided by Paul
Hubler, Director of Government and Community Relations with the San
Gabriel Valley Council of Governments, and Bob Huff, President of Huff
Strategies.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 2021 Strategic Plan Implementation Update — Presentation provided by
ACM/McLean
AUGUST 3, 2021 PAGE 2 CITY COUNCIL
3. PUBLIC COMMENTS:
George Davidson spoke about local efforts to stave off destruction of bee
colonies.
Michelle Yi commented on the Millennium Development Tract Map.
Pui-Ching Ho announced the reopening of the all -volunteer Basically Books at
the Diamond Bar library.
Allen Wilson asked for clarification on the use of Prop A Funds and other
restricted funds projects.
CC/Santana announced that George Davidson submitted a public comment via
email and it was forwarded to the City Council prior to the meeting.
The following speakers spoke telephonically:
Paul Deibel commended the City Council for adopting the Additional Dwelling
Unit (ADU) Ordinance.
Teri Muse, Public Sector Solutions Representative for Waste Management,
spoke about and apologized for service disruptions and longer wait times for
collection services due to driver shortages and COVID-19 related health
concerns.
CA/DeBerry responded to comments about the Millennium Development Final
Map approval.
4. CONSENT CALENDAR: C/Tye moved, MPT/Low 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
4.1 APPROVED CITY COUNCIL MINUTES:
4.1a JULY 20, 2021 REGULAR MEETING.
4.2 RATIFIED CHECK REGISTER DATED JULY 15, 2021 THROUGH JULY
28, 2021 TOTALING $776,240.76.
5. PUBLIC HEARINGS:
5.1 ORDINANCE NO. 02 (2021): AN ORDINANCE OF THE CITY OF
DIAMOND BAR, CALIFORNIA, AMENDING TITLE 22 (DEVELOPMENT
CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO ADD NEW
AUGUST 3, 2021 PAGE 3 CITY COUNCIL
SECTION 22.42,135 (SMALL WIRELESS FACILITIES), AND TO AMEND
SECTION 22.42,130 (RADIO AND TELEVISION ANTENNAS AND
WIRELESS TELECOMMUNICATIONS ANTENNA FACILITIES),
SECTION 22,44,020 (AUTHORITY FOR LAND USE AND ZONING
DECISIONS), SECTION 22.74,030 (APPEALS OF DECISIONS), AND
SECTION 22.74,040 (FILING AND PROCESSING OF APPEALS), TO
ENACT REGULATIONS GOVERNING THE DEPLOYMENT,
AUGMENTATION, AND RELOCATION OF SMALL WIRELESS
FACILITIES IN THE CITY, IN ACCORDANCE WITH STATE AND
FEDERAL LAW.
AP/Nakajima presented the staff report.
M/Lyons opened the Public Hearing.
Paul Deibel asked whether there would be notice given under the new
Administrative Approval process to residential property owners within
proximity to a proposed new small wireless facility about possible health
exposure. AP/Nakajima explained that the new process would not require
notification to adjacent property owners. RF reports can be required for
these sites to make sure they do not exceed the FCC thresholds.
Douglas Barcon spoke about ham radio operators and radio frequencies.
M/Lyons closed the Public Hearing.
C/Chou asked whether the safe harbor fees were recurring or one time
and AP/Nakajima responded that for recurring fees, the City is limited to
charging about $270 for poles, right-of-way, and antennas in parks. For
one-time fees, the City is limited to $500 for pole location and $1000 for
new builds.
CA/DeBerry responded to C/Chou that radio frequencies are governed by
the FCC over which the City has no regulatory authority and would
therefore not be subject to liability.
CDD/Gubman elaborated on the application of fees that for this ordinance
pertain only to the cost of staff's time to process, review and approve the
micro towers as opposed to collection of rent on Edison assets or non -
micro facilities that are subject to a lease agreement on private or public
property.
CA/DeBerry responded to MPT/Low that statutes enacted by congress
prohibiting cities, local jurisdictions and the state from enacting regulations
that have the effect of prohibiting service and the FCC is the implementing
agency.
C/Tye moved, C/Chou seconded, to introduce for first reading by title only,
AUGUST 31 2021 PAGE 4 CITY COUNCIL
waive full reading of Ordinance No. 02 (2021) and schedule second
reading and adoption for the next regularly scheduled City Council
Meeting scheduled for August 17, 2021. 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
6. COUNCIL CONSIDERATION:
6.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AUTHORIZING A REWARD OF UP TO $10,000 FOR
INFORMATION LEADING TO THE ARREST AND CONVICTION OF THE
PERSON(S) RESPONSIBLE FOR THE DEATH OF BRUCE BODEL.
M/Lyons introduce the item and invited family members speak to the
resolution.
Gene Bodel spoke about his brother Bruce Bodel and said his family
would appreciate the driver coming forward and acknowledging
responsibility for his brother's death.
Jessica Bodel, daughter, said that it has been almost a month since her
father's passing with no resolution and thinks a reward would be helpful in
encouraging someone to come forward.
Deputy Scheller felt a reward at this time would be helpful to provide
encouragement for the driver to come forward. The department has
received a few calls that did not result in finding a suspect(s) or suspect
vehicle, and encourages anyone to come forth with any information that
might assist the department in finding the individual and bring some
resolution to the family. Anyone with information can call the Diamond
Bar/Walnut Sheriff's Station at 909-595-2264 or crime stoppers at 1800.
222-TIPS.
M/Lyons asked Deputy Scheller if the department could match what the
City was offering to which he responded that any reward offered ultimately
goes to the LA County Board of Supervisors for approval.
C/Tye appealed to the community to do the right thing and come forward.
He favored offering the reward and asking the supervisors to participate.
MPT/Low agreed.
C/Chou thanked M/Lyons for bringing this matter to the Council and said
he believes the $10,000 reward is the least the City could do to help the
family. He further stated that during the press conference, Jessica Bodel
AUGUST 3, 2021 PAGE 5 CITY COUNCIL
suggested a traffic calming device might be helpful on that portion of
Lycoming.
C/Liu agreed with other Council Members, thanked M/Lyons for bringing
this item forward and said he hoped the LA County Supervisors would
match the reward amount.
M/Lyons moved, C/Tye seconded, to adopt a Resolution of the City
Council of the City of Diamond Bar authorizing a reward of up to $10,000
for information leading to the arrest and conviction of the person(s)
responsible for the death of Bruce Bodel and that the City pursue
obtaining a matching reward of $10,000 from the LA County Supervisors.
6.2 HEALTH OFFICER ORDER ON INDOOR FACE COVERING
REQUIREMENTS.
M/Lyons opened Public Comments.
Allen Wilson disagreed with a no -confidence letter regarding the health
officer's order on indoor face covering requirements.
CC/Santana announced that following submitted a public comment via
email and all the emails were forwarded to the City Council prior to the
meeting:
Christina Goode
Adrienne Cotterell
Douglas Barcon
Stacy Lee
Cynthia Robin Smith
Mindy Farabee
Speaking Telephonically:
The following individuals spoke in opposition t
regarding the health officer's order on
requirements.
Adrienne Cotterell
Greg Fritchell (Walnut resident)
Grace Mann
Kevin Hayakawa
Paul Deibel
Rosie Fabian
o a no -confidence letter
indoor face covering
George Davidson returned to the speaker's podium to suggest that
residents follow the guidelines and do what needs to be done to get
through this pandemic.
AUGUST 31 2021 PAGE 6 CITY COUNCIL
M/Lyons closed Public Comments.
M/Lyons said that in retrospect while she remains unhappy about wearing
a mask, she will not fight the mask mandate and proposed sending a
letter to the LA County Board of Supervisors asking for 1) a breakdown of
the data between vaccinated and unvaccinated, 2) removing the vaccine
from "emergency status", and 3) improving contact tracing.
C/Chou appreciated M/Lyons consideration of the change in data for the
past two weeks as a reason to not fight the indoor mask mandate and
believes it is important to stand for local businesses and residents and
while M/Lyons has good points, he believes it is up to each Council
Member to consider putting their questions and concerns on their own
letterhead. He supports getting more data pertinent to Diamond Bar to
help guide science -based decisions which he believes is available through
the health department as is information about contact tracing.
C/Tye said that upon further reflection, it makes no sense to have a vote
of no -confidence in the LA County Health Department Director and likes
the idea of M/Lyons' three points.
MPT/Low appreciated M/Lyons thoughtful comments and leadership and
does not appreciate people labeling Council Members who are doing their
best to represent all residents and businesses. While she does not like
wearing a mask she sees value in doing so and likes the idea of asking for
reconsideration and clarification based on science and data. In her
opinion, people need to be convinced about the need to be vaccinated
and feels the county should do a much better job incentivizing people.
C/Chou said he does not believe a letter from Council is necessary and
suggested that staff ask the health department for more data.
CM/Fox said that in accordance with Council's discussion, staff would
bring back a revised letter to the City Council at their next meeting that
includes four points mentioned: 1) making data more readily available
focusing on the vaccinated versus unvaccinated, 2) contact tracing, 3)
encouraging removal of the emergency authorization for the vaccine, and
4) pursue other avenues of Incentives to get more people vaccinated.
M/Lyons suggested the City initiate a citywide campaign to get to a higher
percentage goal of vaccinated individuals.
7. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chou said he appreciates the Council's discussions in pursuit of doing the
people's business, thanked staff for the Concerts in the Park event last week,
appreciated that the City was at a 77 percent vaccination rate, agreed that a
AUGUST 3, 2021 PAGE 7 CITY COUNCIL
citywide campaign to get the City to a higher percentage was a good idea, and
looked forward to Council continuing to make policies that help the most
vulnerable and make doing business easier in Diamond Bar.
C/Liu thanked staff for their presentations and Council for the lively discussions
and the pursuit of getting more information and looked forward to implementing a
Diamond Bar vaccination campaign. He congratulated Gold Medal winner
Kathleen Zang, thanked the community for checking up on one another during
the heat wave and reminded everyone the final in this year's series of Concerts
in the Park is tomorrow evening. Best wishes to kids returning to school next
week — please stay safe and enjoy the journey.
C/Tye asked everyone to remain diligent and help bring the killer of Bruce Bodel
to justice, thanked Teri Muse for addressing the Council on challenges that
Waste Management faces, and recognized that a driver passed away in
Diamond Bar while performing his job duties for the City. He hopes to see
everyone at Concerts in the Park tomorrow evening.
MPT/Low thanked M/Lyons for a great meeting and for her leadership, and staff
for the excellent Strategic Plan report and staff's commitment to the community
during trying times. She looks forward to completion of the Golf Course project
and the Concerts in the Park tomorrow evening.
M/Lyons thanked Council for a spirited and thoughtful discussion this evening
and likes the way the members can discuss things agreeably and politely. She is
very happy about the vote to offer a reward for the apprehension of the killer of
Bruce Bodel and hopes that Supervisor Hahn will match the $10,000 amount.
She thanked ACM/McLean for his excellent Strategic Plan presentation, PWD/Liu
for helping her with aspects of the SR57/60 chokepoint and hopes to see
everyone tomorrow at Concerts in the Park.
ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the
Regular City Council Meeting at 9:09 p.m. in memory of Waste Management driver Jose
(JQ Garcia.
Respectfully submitted:
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 17th day of August, 2021.
ai`icy Lyons, �1ayoi-