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HomeMy WebLinkAbout120319 - Minutes - Regular MeetingCITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING DECEMBER 3, 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: Pastor Jeanne Favreau-Sorvillo, Diamond Bar United Church of Christ, provided the Invocation. ROLL CALL: Council Members Chou, Low, Lyons, Mayor Pro Tem Tye and Mayor Herrera. Staff in attendance: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; Ken Desforges, Information Services Director; David Liu, Public Works Director; David DeBerry, City Attorney; Marsha Roa, Public Information Manager; Amy Haug, Human Resources Manager; Ryan Wright, Parks and Recreation Director; Anthony Santos, Assistant to the City Manager; Diana Honeywell, Finance Director; Greg Gubman, Community Development Director; Kristina Santana, City Clerk APPROVAL OF AGENDA: As presented. CITY COUNCIL REORGANIZATION: SELECTION OF MAYOR: C/Lyons nominated MPT/Tye to serve as Mayor for the upcoming term. C/Low seconded the nomination. There being no other nominations offered, MPT/Tye was unanimously elected to serve as Mayor of the City of Diamond Bar by Roll Call vote as follows: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: SELECTION OF MAYOR PRO TEM: Chou, Low, Lyons, Tye, Herrera None None C/Chou nominated C/Lyons to serve as Mayor Pro Tem for the upcoming term. C/Herrera seconded the nomination. There being no other nominations offered, C/Lyons was unanimously elected to serve as Mayor Pro Tem of the City of Diamond Bar by Roll Call vote as follows: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Chou, Low, Lyons, Herrera, Tye None None DECEMBER 3, 2019 PAGE 2 CITY COUNCIL PRESENTATION TO 2019 MAYOR CAROL HERRERA Mayor Tye presented 2019 Mayor Carol Herrera with a gavel and the Council congratulated her for her successful tenure as Mayor. RECESS/RECEPTION: Mayor Tye recessed the meeting at 6:42 p.m. and invited everyone to join the Council in the lobby for refreshments. RECONVENE CITY COUNCIL MEETING: Mayor Tye reconvened the City Council meeting at 7:02 p.m. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. 3. PUBLIC COMMENTS: Pui-Ching Ho spoke about programs and events taking place at the Diamond Bar Library during the month of December. She invited residents to visit the library's website at https:Hlacountylibra[y.org/diamond-bar-library/ for additional programs and information and noted many library events are co-sponsored by The Friends of the Library. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Diamond Bar Holiday Ride — Continues through January 1, 2020. Riders must be 18 years of age or older (proof of residency required) and can schedule a trip within the City for restaurant visits and local shopping for no charge. 5.2 Planning Commission Special Meeting — December 4, 2019 — 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Winter Snow Fest — postponed to January 11, 2020 — 8:00 a.m. to 2:00 p.m., Pantera Park, 738 Pantera Drive. 5.4 Planning Commission Meeting — December 10, 2019 — 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 Traffic and Transportation Commission Meeting of December 12, 2019 — Canceled. 5.6 City Council Meeting — December 17, 2019, 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. DECEMBER 3, 2019 PAGE 3 CITY COUNCIL 6. CONSENT CALENDAR: MPT/Lyons moved, C/Low seconded, to approve the Consent Calendar as presented with the exception of Item 6.4 pulled for further consideration by M/Tye. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Herrera, Low, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MEETING MINUTES- 6.1a INUTES: 6.1a STUDY SESSION OF NOVEMBER 19,2019—as presented. 6.1b REGULAR MEETING OF NOVEMBER 19,2019—as presented. 6.2 RATIFIED CHECK REGISTER DATED NOVEMBER 14, 2019 THROUGH NOVEMBER 27, 2019 TOTALING $1,486,463.80. 6.3 APPROVED TREASURER'S STATEMENT FOR OCTOBER 2019. 6.5 APPROVED FOR SECOND READING ORDINANCE NO. 03(2019) — AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE CHANGE PLANNING CASE NO. PL2017-169 AMENDING THE ZONING FROM LIGHT INDUSTRY (1) TO REGIONAL COMMERCIAL -PLANNED DEVELOPMENT OVERLAY (C -3 -PD) FOR PROPERTY LOCATED AT 850 S. BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA ASSESSORS PARCEL NUMBER 8719-013-017. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.4 AUTHORIZE FIRST AMENDMENT TO THE WIRELESS SITE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC TO ALLOW FOR THE CONSTRUCTION AND LOCATION OF AN EMERGENCY GENERATOR TO SERVE THE EXISTING CELLULAR SITE AT PETERSON PARK THROUGH JUNE 2036. M/Tye said he was concerned about how the rent amounts were derived for expansion of the cell site facility at Peterson Park. CM/Fox responded that this was a negotiated amount and the real value for cell sites is the cell facility itself. The City's agreement is subject to CPI increases, etc. and is currently at about $2,500 a month. The emergency generator that is proposed does not expand the use of the cell site. It adds reliability and provides emergency responsiveness, which is ancillary to the full functioning of the cell site. Accordingly, staff felt it was appropriate that it be increased by $400 per month. In addition, the City does not have a standard dollar per square foot rate for cell sites like a commercial facility. Staff believes that it is an appropriate rent given the market and that this is one of the best performing sites from a revenue DECEMBER 3, 2019 PAGE 4 CITY COUNCIL standpoint for the City. M/Tye asked if this would be an appropriate time to ask the provider to pay more. CM/Fox said he would have to go back and look at the rates. Staff believes that with everything that is happening in the telecom community that Diamond Bar is probably doing better than most cities. AtoCM/Santos stated that the City constantly receives requests from all telecommunication companies to reduce rent. In this particular situation, the City has been requested to increase the rent plus CPI and from a practical standpoint given the typical cell site scenarios, this is most likely the City's best option. In addition, this increase and further increases CPI) etc. would be valid for the duration of the contract. Given the conditions and the ability to now market the adjacent facility, having that generator presents additional opportunity for the City to look at potential expanded revenue at that location. CM/Fox responded that if the Council wishes to do so, it may continue the item to the next City Council meeting for consideration while staff reconsiders an increase to the contract. C/Low asked if it was common to have a 17 -year agreement and CM/Fox responded that generally, these contracts run about 20 years. C/Low asked if the CPI was applied to the entire $35,000 or the $400 that is being increased. CM/Fox said it applies to the entire amount with the 2,900 per month charge as the base which is subject to CPI increases/decreases each year. C/Low asked if there had been a CPI adjustment since the inception of the contract and AtoCM/Santos stated that the City has received the CPI since inception when the original payment was $2,000. MPT/Lyons asked when the contract expires. CM/Fox explained that the vendor is anxious to get under construction and the City is attempting to fit them into a window to make the improvements before the City has to schedule renovations and over seeding of the fields so that will not be destroyed by this project. AtoCM/Santos further stated that with the anticipated rains he does not believe the applicant would be allowed to initiate construction within the next two weeks. M/Tye said he does not believe the vendor has been friendly to the park environment and he would entertain a motion to continue the item to December 17, 2019. C/Low moved, C/Herrera seconded to continue this item to December 17, 2019 to allow staff time to conduct further investigation regarding the contract amount. Motion carried by the following Roll Call vote: DECEMBER 3, 2019 PAGE 5 CITY COUNCIL AYES: NOES: ABSENT: 7. PUBLIC HEARING: COUNCIL MEMBERS: COUNCIL MEMBERS COUNCIL MEMBERS Chou, Herrera, Low, MPT/Lyons, M/Tye None None 7.1 ORDINANCE NO. 04 (2019) AMENDING TITLE 15 OF THE DIAMOND BAR MUNICIPAL CODE BY ADOPTING THE 2019 CALIFORNIA BUILDING STANDARDS CODES (TITLE 24 C.C.R. PARTS 2, 2.5, 3, 4, 5, AND 11) WITH LOCAL AMENDMENTS. M/Tye opened the Public Hearing. With no one present wishing to speak on this matter, M/Tye closed the Public Hearing. Upon request from M/Tye, CM/Fox read the Ordinance into the record as follows: Ordinance No. 04(2019) an Ordinance of the City Council of the City of Diamond Bar, California amending Title 15 of the Diamond Bar City Code and adopting by reference the 2019 California Building Code, Volumes 1 and 2 including Chapter 1, Division 2 and appendices C, I and J thereto; the 2019 California Mechanical Code and appendices thereto; the 2019 California Plumbing Code and the appendices thereto; the 2019 California Electrical Code and the appendices thereto; the 2019 California Residential Code including appendices H, J, K and O thereto; and, the 2019 California Green Building Code without appendices thereto and Title 26 of the Los Angeles County Building Code, and the Uniform Housing Code together with certain amendments, additions, deletions and exceptions. C/Chou moved, MPT/Lyons seconded, to Adopt Ordinance 04 (2019). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Herrera, Low, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: None RECESS: M/Tye recessed the City Council meeting to the annual Public Financing Authority at 7:22 p.m. DECEMBER 3, 2019 PAGE 6 CITY COUNCIL RECONVENE: M/Tye reconvened the City Council meeting at 7:27 p.m. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chou thanked outgoing Mayor Herrera for her outstanding leadership during the past year. He learned a lot under her leadership and looks forward to working with her in her new capacity. He congratulated Mayor Tye on his fourth term appointment and looks forward to working with him as well as, his Council colleagues. He hopes everyone had a Happy Thanksgiving. He is thankful for his fellow Council Members and the great Diamond Bar staff for all they do for the community. He looks forward to the holiday season. C/Herrera echoed C/Chou's comments. Congratulations to M/Tye on becoming Mayor for the fourth time and congratulations to MPT/Lyons on her appointment. She knows that both M/Tye and MPT/Lyons will do a great job for the community in 2020. She thanked staff for organizing the several Pop -Up City Halls that were held in 2019. She announced that she and City staff are in the process of disbanding the Four -Corners Transportation Coalition that was created over 10 years ago. Diamond Bar is an outstanding City and whenever there is a need, Diamond Bar steps up, City Council Members step up and, staff steps up. She is proud of the City of Diamond Bar and proud of having been instrumental in putting the coalition together. C/Low thanked C/Herrera for her leadership as Mayor during the past year and for her work on transportation issues. C/Herrera steered the Council and the City through a very busy year with a lot of events and changes, all of which were to the benefit of the City. She remembers that her goal was to keep the City on an even fiscal keel and C/Herrera accomplished that. C/Low congratulated M/Tye and MPT/Lyons on their appointments and said she is excited to have them leading the Council and the City. She looks forward to all of the great things that will happen under their leadership. C/Low reported that on November 20th she and MPT/Lyons met with LA County Sheriff Villanueva and Council Members from the City of Walnut where they were able to get better acquainted with the Sheriff. He was very open, warm and friendly, and explained his goals for his department with his primary stated goal being to build up the morale of his department. In turn, she and MPT/Lyons conveyed the concerns of Diamond Bar including increasing costs for patrolling and public safety. She mentioned that she believes that the thanksgiving spirit should prevail all year long. She thanked the City Planning, Traffic and Transportation, and Parks and Rec Commissioners for the work they do on behalf of the City and City Council all year and thanked the community partners for all of their good work through fundraising and charitable support on behalf of the youth, seniors and public in general. C/Low gave a special shout out to the Friends of the Dog Park for their work and to the members of the Volunteer Patrol for their contribution to the City. MPT/Lyons said that during the meeting with Sheriff Villanueva they also talked DECEMBER 3, 2019 PAGE 7 CITY COUNCIL about crime and he said that crime overall is down. Participants asked what cities could do to reduce crime even further and he said people need to watch what is going on in their neighborhoods and business owners need to be diligent about what is happening around them. In short, if you see something, say something, and definitely call the Sheriff. For those who reside in a neighborhood that does not have a Neighborhood Watch group, residents should really look into forming their own group because they are very effective in preventing crime. The Sheriff also mentioned that they are rolling out body cameras next year. MPT/Lyons encourages everyone to check out the new landscape in the reading garden. Diamond Bar Friends of the Library paid for the new plants and the City assisted in the labor. It looks great and she believes new furniture will be provided by the Friends of the Library as well. Much has been said about former Mayor Herrera who did a super job in leading the Council and the City through many accomplishments during the past year. She is particularly grateful that the City was able to turn a bad situation with Tres Hermanos into a great addition for Diamond Bar. Everyone in the City is so fortunate it turned out as it did. MPT/Lyons congratulated M/Tye on his appointment and said she and her colleagues expect more great things under his leadership. M/Tye said there are so many opportunities to be involved in the community such as through the Friends of the Library and Diamond Bar Community Foundation. The Library has been in City Hall since the new facility opened in 2012 and already the chairs are worn out. And yet, the Friends come in to rehabilitate the area which certainly goes beyond just books and programs. The City appreciates their efforts and contributions. M/Tye agreed with everything his colleagues have said about former Mayor Herrera. Congratulations to former Mayor Herrera. Everyone in the community can see her at the grocery store, drug store or wherever, and he wonders if people really appreciate all that she has done in the public transportation area through Foothill Transit. Thank you to Carol Herrera for her leadership in the Four -Corners Transportation Coalition. Diamond Bar appreciates everything C/Herrera has done on behalf of the community over the years. M/Tye said he would like for Council Members to let him know of any particular interests regarding sub -committee assignment they may have so that he can do his best to satisfy their requests. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the Regular City Council Meeting at 7:40 p.m. Respectfully submitted, Kristina Santana, City Clerk DECEMBER 3, 2019 PAGE 8 CITY COUNCIL The foregoing minutes are hereby approved this 17th day of December, 2019. Steve Tye, Mayor