HomeMy WebLinkAbout020519 - Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 5, 2019
CALL TO ORDER: Mayor Herrera called the Regular City Council
meeting to order at 6:30 p.m. in the South Coast Air Quality Management
District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance.
INVOCATION: Associate Pastor Vincent Arogyaswamy, St. Denis
Catholic Church, provided the Invocation.
ROLL CALL: Council Members Chou, Low, Lyons, Mayor Pro Tem
Tye, and Mayor Herrera `
Staff Present: Dan Fox, City Manager; Ryan McLean, Assistant City Manager;
David DeBerry, City Attorney; David Liu, Public Works Director; Greg Gubman,
Community Development Director; Ryan Wright, Parks and Recreation Director; Dianna
Honeywell, Finance Director; Grace Lee, Senior Planner; Fabian Aoun, Assistant
Engineer; Anthony Santos, Assistant to the City Manager; Ken Desforges, IS Director;
Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information
Coordinator; and, Tommye Cribbins, City Clerk.
Also Present: Rajeev Bhatia, Project Manager and Katharine Pan,
AICP/Associate, Dyett & Bhatia Urban Regional Planners (General Plan Consultants).
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
NEW BUSINESS OF THE MONTH.
1.1 M/Herrera and City Council Members presented a Certificate Plaque to
Denis and Yuliya Podolski, owners of the Arthur Murray Dance Studio,
303 S. Diamond Bar Boulevard, Suite H, as New Business of the Month
for February 2019.
Z CITY MANAGER REPORTS. AND RECOMMENDATIONS:
CM/Fox reported that at its 5:30 Special Meeting, the City Council entered into a
settlement agreement with the City of Industry and Chino Hills to resolve the
outstanding litigation regarding Tres Hermanos Ranch. This is a very important
milestone for the community and one that will have a long term beneficial impact
for residents to help preserve the Tres Hermanos Ranch area. The settlement
agreement provides that the City of Industry will transfer the entire 2,450 acres to
the Tres Hermanos Conservation Authority. It comes to the Authority with the
deed restriction that it remain Open Space, Public Use and Preservation. The
existing Tres Hermanos Conservation Authority will be amended to include a
FEBRUARY 5, 2019 PAGE 2 CITY COUNCIL
seven -member board that will include the City of Industry, Chino Hills and
Diamond Bar and as' such, Diamond Bar will now have a "seat at the table" to
help protect and help plan for the future uses of the Ranch for generations to
come.
M/Herrera said this was a very important meeting and something the community
and City very much wanted and continued working toward for a couple of years.
The importance of the action taken by the City today cannot be overstated.
MPT/Tye said that over the period of time the City has worked on this matter and
to be asked by residents how it was going, now they can be told "it's done!"
Everyone is very excited and now the City will have the input that Diamond Bar
always felt it was entitled to. It is a great agreement among the three entities and
he is very glad to have been a part of the process.
C/Lyons said that like MPT/Tye, she, too, is very excited about this turn of
events. It seems like it has been a long time coming and the City and Council
has been working very diligently toward this outcome. Tres Hermanos will be a
really good asset for the community and she is thrilled about the positive
outcome.
C/Chou thanked staff, the City Attorney and City Manager for making this
happen. The residents who have been following this story for a number of years
should know that the City Council was committed to preserving Tres Hermanos
and as CM/Fox said, we now have a seat at the table. The work is not done, but
this matter is certainly on the right path and he is appreciative and supportive of
all of the work that has been done.
C/Low echoed comments of her colleagues. When this process began 18
months ago, the Council was staring down some very difficult facts and
obstacles. With steely eyes and a commitment by everyone on the City Council,
each obstacle was met head on which resulted in an outcome for which the City
and Council can be very proud that will take the City and Tres Hermanos into the
future as a great benefit to the community. She feels badly that she had to
recuse herself but she knows the outcome and the Council's actions were very
positive.
3. PUBLIC COMMENTS:
Douglas Barcon said that he is concerned about Coyotes in Diamond Bar and
has drafted a "Coyote Management Plan" and offered to the City Council for its
perusal and possible adoption.
Grace Lim -Hays, representing Hampton Court residents, asked the Council for
reconsideration of the residents' concerns about numerous young men regularly
making night excursions between 1:00 and 5.00 a.m. throughout the community
driveways on Cottonwood and Alder Lane wielding bats and flashlights who
FEBRUARY 5, 2019 PAGE 3 CITY COUNCIL
appear to be scoping homes and mailboxes and leaving with unidentified items
and damaged water valves, light fixtures and vehicles. Despite the installation of
cameras and providing information to the Sheriff's Department, residents believe
that increased patrolling by the Sheriff's Department would result in
apprehensions and/or dissuasion from -the Hampton Court community which
would give the residents increased reassurance.
Pui-Ching Ho, Diamond Bar Librarian, spoke about upcoming library events
during February 2019. Anyone interested in additional information on these and
other events and programs can visit the library website at
www. lacountylibrary.org.
4. RESPONSE TO PUBLIC COMMENTS:
CM/Fox responded to Mr. Barcon that staff would look at the information he
provided.
CM/Fox responded to Ms. Hays that staff would forward her concerns to the
Lieutenant and Captain of the Diamond Bar/Walnut Sheriff's Station.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting — February 12, 2019 — 6:30 p.m., Windmill
Community Room, 21810 Copley Drive (Canceled).
5.2 Traffic and Transportation Commission Meeting — February 14, 2019 —
6:30 p.m., Windmill Community Room, 21810 Copley Drive.
5.3 Presidents' Holiday — February 18, 2019 — City Offices closed in
observance of Presidents' Holiday. City Offices reopen on Tuesday,
February 19, 2019 at 7:30 a.m.
5.4 City Council Meeting -- February 19, 2019 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: C/Lyons moved, C/Low seconded, to approve
the Consent Calendar as presented. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Chou, Low,. Lyons, MPT/Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 APPROVED CITY COUNCIL MEETING MINUTES.-
6.1a
INUTES:
6.1a REGULAR MEETING OF JANUARY 15, 2019 AS
PRESENTED.
FEBRUARY 5, 2019 PAGE 4 CITY COUNCIL
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES OF
DECEMBER 11, 2018.
6.3 RATIFICATION OF CHECK REGISTER DATED JANUARY 10, 2019
THROUGH JANUARY 30, 2019 TOTALING $2,349,327.43.
6.4 APPROVED TREASURER'S STATEMENT FOR DECEMBER 2018.
6.5 APPROVED NOTICE OF COMPLETION FOR THE PLAYGROUND
SURFACING REPLACEMENT AND ADA IMPROVEMENTS PROJECT
AT STARSHINE PARK — CDBG PROJECT NO. 601866.17.
6.6 ADOPTED RESOLUTION NO. 2019-03 APPROVING FINAL PARCEL
MAP NO. 72035 TO SUBDIVIDE AN EXISTING 4.2 ACRE LOT INTO
THREE SINGLE FAMILY RESIDENTIAL LOTS LOCATED AT 22702
TIMBERTOP LANE, DIAMOND BAR, CALIFORNIA (APN 8713-028012).
6.7 RECEIVED AND FILED 2018 GENERAL PLAN STATUS REPORT.
6.8 CREATION OF APPOINTMENTS TO A COUNCIL HANDBOOK
SUBCOMMITTEE AND A CITY RECOGNITION POLICY
SUBCOMMITTEE AS FOLLOWS:
a) Establish and confirm the appointment of Mayor Pro Tem Steve Tye
and Council Member Ruth Low to serve on a City Council Handbook
Review Subcommittee; and,
b) Establish and confirm the appointment of Mayor .Carol Herrera and
Council Member Nancy Lyons to serve on a City Recognition Policy
Subcommittee.
7. PULIC HEARINGS. NONE.
8. COUNCIL CONSIDERATION:
8.1 GENERAL PLAN UPDATE PROGRESS REPORT.
CM/Fox stated that at its last City Council meeting, the Mayor requested
an updated status report on the General Plan. He introduced
CDD/Gubman to provide a brief summary of the actions completed to date
as well as, status of the project.
CDD/Gubman provided a summary of the tasks completed to date along
with a list of the tasks yet to be completed to reach completion of the
General Plan Update process. The General Plan update kicked off in
January 2016 and included a robust public outreach effort that would
guide the community for approximately 20 years. The General Plan
FEBRUARY 5, 2019 PAGE 5 CITY COUNCIL
Update was outlined to occur in three phases: Phase 1 — Initiation,
Visioning and Issue Identification, which began with a City
Council/Planning Commission Joint Session in August 2016 and
concluded in March 2017 following a Community Workshop stakeholder
interviews and other outreach efforts including pop-up booths to help
inform the public of the effort being undertaken. Between April 2017 and
January 2018 staff was involved in the Options and Strategies Phase 11
concluded by developing a Preferred Land Use Plan. Phase III consisted
of the formation of Seven Elements that cover major facets of the makeup
of the community. With the commencement of GPAC Meetings in April
2018, staff has worked diligently to craft and refine those policies which
has generated a lot of public interest and involvement and helped staff
refine and strengthen the policy language. At the November 2018 GPAC
meeting, staff presented revised policies for four of the seven Elements
and the GPAC unanimously concurred that those revised policies
addressed the GPAC's direction to staff and should be incorporated into
the General Plan document.
Staff is currently working toward the next GPAC meeting in March 2019
with refined policies for three additional Elements that incorporate the
comments and direction received to date. With the conclusion of that
process, staff will continue with Phase III (Draft and Final Documents) with
continuation of the Draft General Plan text, the Climate Action Plan and
the Environmental Impact Report.
CDDIGubman stated that for the final steps, the Scope of Work calls for
up to three more GPAC meetings to review the Draft General Plan
document and a Community Workshop to present the finished product to
the public for review prior to moving forward with the Public Hearings
before the Planning Commission and the City Council. At this point,
based on the level of public involvement and GPAC contribution to the
process, staff envisions this process concluding around April 2020. Staff
has provided options that may reduce that timeframe to reach the Public
Hearing conclusions around December 2019.
Brian Worthington, Vice Chair, General Plan Advisory Committee, said
that the committee has put in a lot of work on this project over the past two
and one --half years. The process is moving forward and he believes the
process is taking longer than initially anticipated because the GPAC
adopted key elements from the community and from individuals who were
very invested in the process because it mattered to them what the City
was doing with land resources and open space. Mr. Worthington
recognized CDDIGubman who through this process has been on the front
line and heard individuals and has taken the time with his team to spend
nights and weekends to adopt responsible measures land use put forth by
the GPAC members and residents. Mr. Worthington said he believed the
FEBRUARY 5, 2019 PAGE 6 CITY COUNCIL
outcome would have been different had not CDDIGubman done so, but
because he did, the outcome for this GPAC will be significantly better
because of the collaborative effort. He hopes this process does not take
another year, however, the notion of having a good finished product is
critical and the GPAC will continue to give it their best effort as a volunteer
team with the support of the Council
Robin Smith said she is grateful to hear the positive comments about the
hard work CDDIGubman has done on this matter. She values staff who
has done a tremendous job, especially working with the public input for the
General Plan Update. At the last GPAC meeting she observed there was
no dedicated Conservation Element. She would like to know how that
information can be added into the General Plan effectively because alfter
analyzing the language, she felt there was a lot missing.
MlHerrera said that April 2020 was not a favorable conclusion date for the
City Council. The City Council would prefer conclusion at an earlier date
and asked if things could be condensed or occur concurrently.
CDDIGubman responded that staff has looked at how the process can be
shortened and believes the process can be brought to the Planning
Commission and City Council hearings in December 2019. For example,
there are three GPAC meetings .in the Scope of Work called out to review
and discuss the Draft General Plan after it has been released for Public
Review. But in light of the extensive scrutiny and focus that has been paid
on the policy language, the policies have essentially been refined so well
that the General Plan document will essentially be adding some narrative
and graphics as context for those policies. This raises the question
whether those GPAC meetings could be eliminated with the process
moving forward to the Public Hearings after releasing the Draft General
Plan and after the EIR is published and goes through the mandatory
Public Review and Response to Comment period. In moving forward in
this matter, staff believes about three months could be shaved off of the
overall timeline.
MPT/Tye said he would bet that staff could do better and he would be
interested in hearing from Mr. Bhatia. He has spoken with counterparts in
Chino Hills and Walnut and they did not go through any Advisory
Committee input. And it was done properly and promptly and this thing
seems to have taken on a life of its own. MPT/Tye wondered about how
those meetings could be accelerated in order to get the information
needed and tools in the right place to get the product ready to go by
summer of 2019.
Mr. Bhatia said he believes that the GPAC has been helpful because a lot
of input has been received. Some of the public comments have been
literally policy by policy thoroughly based on comments and there has
FEBRUARY 5, 2019 PAGE 7 CITY COUNCIL
been a lot of trust -building through that process. The General Plan policies
will definitely be done by summer, but there are subsequent analyses to
be done, and the Environmental Impact Report which is yet to be
produced must through a mandatory Public Review process. If there is a
desire on the part of this Council to do so, the General Plan can be printed
and published in advance of release of the documents so that everyone
knows that the Plan is out there, but staff will still need to go through the
process of finishing the EIR. While it is a longer process, he would not say
that it has been an unduly long process because much of the last year has
been a public driven input process which staff has responded to and as a
result, he believes there will be a better plan with fewer hearings. He
would appreciate being able to close out what he believes to be a good
process in a smooth and thorough fashion.
C/Lyons said the Council approved this contract for three years which
means it should be finished in July/August 2019 and she believes Council
was under the impression that it would happen. She appreciates the
public comments and the length of meetings and realizes everyone has
been working very hard and getting a lot of public input which has paid off.
Specifically, of the seven Elements, has staff received public comment on
the other three Elements?
CDD/Gubman explained that staff has received substantial public
comment on all seven Elements.
C/Lyons asked what is left for public input.
CDD/Gubman explained that staff is addressing the public comments that
were received for those final three Elements that staff will be presenting at
the next GPAC meeting for review. If the March GPAC meeting is
concluded with acceptance of those final three Elements, staff will proceed
with processing the technical documents that need to be concluded which
will form the technical basis for the Environmental Impact Report and for
rounding out the General Plan document that will be based on those
policies.
C/Lyons asked if there was more opportunity for public input after drafting
of the documents.
CDD/Gubman said there are many more opportunities moving forward.
C/Chou commended staff, GPAC and concerned community members for
participating in the process. He is all for efficiency and moving quickly, but
it has to be done correctly because the General Plan determines what the
City will look like over the next 20-25 years. He is not suggesting that the
process be rushed, but if there is light at the end of the tunnel and there
are more steps to go through, it should be done right. At the same time,
FEBRUARY 5, 2019 PAGE 8 CITY COUNCIL
the process has to move forward because there will be an opportunity for
Public Hearings when it goes to the Planning Commission and when it
comes to the City Council. He favors shortening the process if it is
efficient and effective, especially, because the Council budgeted for a
three-year process.
C/Low said that public comments are important and as C/Chou pointed
out, there are opportunities for additional public comments. As
CDD/Gubman and Mr. Bhatia stated, there has been extensive public
comments with much detail and "rehashing" concerns and "refining"
concerns. This is a guiding document for the City's plan to move forward
over the next 20-25 year and there will be local, state and federal policy
changes that cannot be anticipated at this time. She believes the danger
of having so much detail, definition and specificity is that the City binds
itself to what is known today and the desires of the participants today only:
Because this is a plan that looks into the future 20 years out, no one
knows where they will be or what will be in 20 years. She does not
believe it is right to bind future generations into something individuals want
today. That is why a plan has to be flexible. Can staff put together the
General Plan with the information that is currently available?
CDD/Gubman responded to CILow that there is now quite enough
information to put the General Plan together. However he believes it is
crucial that staff devote the attention to the final three Elements and
policies for those Elements by following through with the same scrutiny as
the first four Elements were afforded. He wants to ensure that the caliber
of the policy language is consistent throughout the document, and staff
needs the March GPAC meeting to have the work currently in process
three Elements) addressed with the GPAC and public's direction.
CILow said that there have been nine meetings to cover four Elements.
C/Bhatia explained that the four Elements had been reviewed by the
GPAC. The second meetings on those Elements was because of all of
the public comments. He said that staff was surprised but thankful that
the GPAC was able to get through all four Elements in one meeting which
he believes was the result of a very well organized meeting. He is
optimistic that the GPAC will get through the last three Elements at the
March meeting. The GPAC has seen these three Elements before
during past meetings. The March meeting is on the refined proposals on
those three Elements based on the GPAC's direction and public input
M/Herrera asked if after the March GPAC meeting the City Council could
assume some of the remaining tasks.
Mr. Bhatia said absolutely. If the GPAC concludes the three Elements in
March, no more public input or direction is needed -and there is a lot of
FEBRUARY 9, 2019 PAGE 9 CITY COUNCIL
technical work remaining which should not be impeded. It should be a
straightforward path from that point forward.
M/Herrera offered a motion to move forward with the March GPAC
meeting during which the committee concludes its work with the three
remaining Elements, thank them for their service and time spent and all
remaining work to be done regarding the General Plan comes before the
City Council with everyone working together to accelerate the process and
reach its conclusion as close to the July 2019 commitment as possible.
C/Chou asked if the public would have further opportunity to participate.
CM/Fox said he understood the idea of concluding the GPAC input after
the March meeting. However, the remainder of the process involves
Planning Commission Public Hearings as part of the normal course -of
review with the publishing of the Draft document and the Draft
Environmental Impact Report. The Planning Commission will make
recommendations to the City Council and there will be Public Hearings
before the City Council and the City Council will ultimately make a
decision to approve or modify the General Plan. As part of that process,
he would discourage individuals from coming to a Council meeting when
the matter is not on the agenda asking for things to be included. The City
needs to follow the Public Review process at the appropriate times when
that is allowed to occur.
C/Lyons asked for clarification that there would be two additional
opportunities for public input.
CM/Fox responded that two would be the absolute minimum. In fact, he
would anticipate there will be other opportunities throughout that process
as well. Staff is not suggesting a shortcutting of public participation by
adjusting the Scope of Work. As far as the July 2019 timeframe, he does
not know if the City will actually be able to complete the process, but there
may be a draft document out for review and begin scheduling the Public
Hearings through the Planning Commission. As mentioned, there are
many technical studies to be done because the Environmental Impact
Report will be very technically oriented and very detailed. Staff will do its
very best to help consolidate the process by performing tasks concurrently
in an effort to get it to the City Council for conclusion by the end of 2019.
M{Herrera restated her motion as follows: to move forward with the March
GPAC meeting during which the committee will conclude its work with the
three remaining Elements, the GPAC members will be thanked for their
service and the committee will be terminated; and, time spent and all
remaining work to be done regarding the General Plan will come under the
umbrella of the Planning Commission and City Council Public Hearings
with everyone working together to accelerate the process and reach its
FEBRUARY 5, 2019 PAGE 10 CITY COUNCIL
conclusion as close to the July 2019 commitment as possible and no later
than December 2019. C/Lyons seconded M/Herrera's revised motion.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTSICOUNCIL MEMBER COMMENTS.
C/Chou wished all who celebrate a Happy Chinese New Year, the year of the
Pig. On behalf of the City, he and M/Herrera attended training hosted by the
League of California Cities for new Council Members which was three days of
intensive training and learning about statewide priorities and laws governing local
bodies. He again congratulated everyone on the Tres Hermanos Resolution and
reiterated the Council's commitment for the preservation and open space use of
the land.
C/Low said that last week she had the great honor of attending the Friends of the
Library Volunteer Appreciation Dinner along with M/Herrera, MPT/Tye, Lyons
and Chou to celebrate the good work this organization does throughout the year.
Special congratulations to Helen Lim, St. Denis Catholic Church, Harold
Pressman, Roger Kirk, Rachel Kirk, Rosette Clippinger, Paula Block and Theresa
Wang for their award as Volunteers of the Year. Great thanks to Cindy Chang as
the outgoing President and welcome to Susan Pantages as the incoming
President. Yesterday the Council met with new Congressman Gil Cisneros and
kudos to MlHerrera, MPT/Tye and PWD/Liu in advocating for continued work by
our new Congressman on the SR57/60 Confluence project. Happy Chinese New
Year to everyone and please join everyone on Saturday at the Diamond Bar High
School for music, entertainment and delicious food.
ClLyons stated that as Diamond Bar's representative to the Capital Projects and
Construction Committee (ACE) she attended last Monday's meeting during which
the committee unanimously voted to approve an agreement with the Los Angeles
County Metropolitan Transportation Authority so that the Alameda Corridor East
Authority under the San Gabriel Valley Council of Governments could perform
services for the construction improvements on the SR57/60 Interchange. Last
Tuesday she judged a local speech contest facilitated by the Diamond
Bar/Walnut Branch of the American Association of University Women that
featured high school students from Diamond Bar who spoke on "How to Stop
School, Violence". She hopes to see many residents at the Diamond Bar
Women's Club Gala on Saturday. Regarding Tres Hermanos, the entire City
Council was so excited to share the good news about the turnover of Tres
Hermanos and the fact that it will be a community-based approach to future use,
consistent with Open Space.
FEBRUARY 5, 2019 PAGE 11 CITY COUNCIL
MPT/Tye echoed what C/Lyons just said. The Council was united in what the
goal was and did every step that needed to be done and took action. The City of
Industry heard the Council and now there will be a different outcome for Tres
Hermanos for which he is very, very grateful. It was great to meet with
Congressman Cisneros and discuss getting the resources for the SR57160
Confluence project. He wants folks to understand that for their own benefit,
people sometimes talk about the lack of transparency and nothing could be
further from the truth with this staff and with this Council. The Finance
Department was notified by the Government Finance Officers Association that
the City's Fiscal Year 2018-19 budget is the recipient of the distinguished Budget
Presentation Award, which is the highest form of recognition in governmental
budgeting and it is the City's second year receiving this honor. Congratulations
to FD/Honeywell and her team, a team that gets it done! The California Society
of Municipal Finance Officers, not to be confused with the GFOA, also awarded
the City the Meritorious Award for Fiscal Year 2018-19 Operating Budget, also
the second year in a row. Congratulations to everyone in Finance and on the
City staff.
MlHerrera said this has been an historic evening for Diamond Bar. The Council
took some great actions this evening that will assure Diamond Bar's place in
history. She looks forward to having the Tres Hermanos Conservation Authority
do many great things on the property and it is very satisfying that the City has
arrived at this point. She thanked staff and the city attorneys who worked very,
very hard on the language with all of the documents that everyone came to
agreement on. Thank you to all who worked so hard to get us to this point.
ADJOURNMENT: With no further business to conduct, MlHerrera adjourned
the Regular City Council Meeting at 7:51 p.m.
TOMMYE C IBBINS,`CITY CLERK
The foregoing minutes are hereby approved this 19th day of February , 2019.
CAROL HERRERA, MAYOR