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HomeMy WebLinkAbout121719 - Minutes - Regular MeetingCITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING DECEMBER 17, 2019 I CALL TO ORDER: Mayor Tye 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. INVOCATION: ROLL CALL: Absent: Mayor Tye led the Pledge of Allegiance. Shaykh Nomaan Baig, Institute of Knowledge, provided the Invocation. Council Members Carol Herrera, Ruth Low, Mayor Pro Tern Nancy Lyons, Mayor Steve Tye Council Member Andrew Chou was excused. 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; Greg Gubman, Community Development Director; Grace Lee, Senior Planner, Kristina Santana, City Clerk Consultants in attendance: ESA Project Consultant Steven Nelson, Dyett & Bhatia Project Consultant Gina Kotos APPROVAL OF AGENDA: As presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Assistant Field Deputy Nick Holden, representing Supervisor Janice Hahn's office, presented a Scroll to former Mayor Carol Herrera. 1.2 Council Members, Mahendra Garg, Diamond Bar Community Foundation, Paulette Maskarino, Office of Assemblyman Phillip Chen, and Nick Holden, office of Los Angeles County Supervisor Janice Hahn recognized Through My Lens Photo Contest Winners with Certificates provided by State Senator Ling -Ling Chang. 1.3 Mayor Tye and Council Members presented a Certificate Plaque to New Business of the Month Basil & Co.'s Owner/Manager Calvin Vuong. 1.4 Laura Rosenthal provided an Energy Upgrade California Presentation and presented a Proclamation to the City Council. 1.5 M/Tye proclaimed December 17, 2019 as Arbor Day. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None DECEMBER 17, 2019 PAGE 2 CITY COUNCIL 3. PUBLIC COMMENTS: Pui-Ching Ho spoke about programs and events taking place at the Diamond Bar Library and she invited residents to visit the library's website at https://IacountViibrarV.org/diamond-bar-library/ for additional information. Many library events are co -sponsored by The Friends of the Library, who also operate Basically Books inside the library or in the shopping center at 23447 Golden Springs Drive at Diamond Bar Boulevard. On behalf of the Diamond Bar Library, Pui-Ching Ho wished everyone a wonderful holiday season. Sonja Reed and Abbie Howe, Diamond Bar Women's Club, reported that their group was able to sponsor ten military families at Camp Pendleton which included purchasing, wrapping and delivering gifts with the assistance of the Evangelical Free Church and others. Donations are welcome and continue to be needed for this ongoing program. Mary Katherine Madarazo spoke about her concerns that residents were not notified about the heavy gasoline fumes and volatile organic compound exposure during the remediation process and construction of the old dairy, which she believes poses a health risk to her family and the public. 4. RESPONSE TO PUBLIC COMMENTS: CM/Fox responded to Ms. Madarazo regarding inconvenience due to soil remediation. He stated that the underground contamination was more severe than originally anticipated and all of the work is being done in compliance with standards and permits, and is under the supervision of both the City's Building Inspectors and the AQMD. The contractor is responsible for the site and responsible for reporting any complaints to the AQMD. Staff anticipates that the situation should improve over the next week or two and beginning next week, the contractor will take a break from the excavations due to the holidays. Anyone wishing to do so can submit comments to the AQMD for response. MPT/Lyons asked CM/Fox to comment on the developer's attempts to spray the area frequently to reduce the odors. CM/Fox stated that as part of the process when the developer encounters an area that has contaminated soil, they halt excavation and inject the area with a bioremediation chemical oxidant which has an odor as well, but is non -toxic and may contribute to the odor in the area. C/Low asked if it was possible to provide information about the AQMD contact. CM/Fox said that the speaker can call the Community Development Department and there should be signs posted on the property with phone number and contact information for reporting of any concerns or complaints. C/Low asked if the AQMD inspector would be the correct person to contact if a DECEMBER 17, 2019 PAGE 3 CITY COUNCIL person felt uncomfortable or was experiencing symptoms and CM/Fox reiterated that AQMD is the responsible agency that monitors the emissions in the air. ;r C/Low asked if AQMD prepares a wrap up report when the remediation is completed and if so, if that report available to the public. CM/Fox responded that there would be a report of recorded daily activities, which are logged and recorded and are available for the different agencies as well as, to the public. 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 Meeting — December 24, 2019 — 6:30 p.m., Windmill Community Room, 21810 Copley Drive — Canceled. 5.3 Christmas Holiday — City Hall offices closed Tuesday, December 24th and Wednesday, December 25th in observance of the Christmas Holiday. City Hall offices reopen on December 26 at 7:30 a.m. 5.4 Parks and Recreation Commission Meeting — December 26, 2019 — 6:30 p.m., Windmill Community Room, 21810 Copley Drive — Canceled. 5.5 New Year Holiday - City Hall offices closed Wednesday January 1, 2020 in observance of the New Year Holiday. City Hall offices reopen on January 2, 2020 at 7:30 a.m. 5.6 City Council Meeting — January 7, 2020, 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.7 Winter Snow Fest — January 11, 2020 — 8:00 a.m. to 2:00 p.m., Pantera Park, 738 Pantera Drive. 6. CONSENT CALENDAR: C/Herrera moved, MPT/Lyons seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chou 6.1 APPROVED CITY COUNCIL MEETING MINUTES: 6.1 a REGULAR MEETING OF DECEMBER 3, 2019 — as presented. 6.2 CITY COUNCIL RECEIPT OF PLANNING COMMISSION MINUTES: DECEMBER 17, 2019 7. PAGE 4 6.2a SPECIAL MEETING OF OCTOBER 30, 2019. CITY COUNCIL 6.3 RATIFIED CHECK REGISTER DATED NOVEMBER 28, 2019 THROUGH DECEMBER 11, 2019 TOTALING $652,635.48, 6.4 APPROVED JOINT POWERS AGREEMENT TO PROVIDE FOR INTER- AGENCY COOPERATION FOR DISASTER MANAGEMENT AREA D AND DESIGNATING CITY STAFF TO SERVE AS AREA D BOARD DELEGATES. PUBLIC HEARING(S): 7.1 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ALLOCATIONS FOR FISCAL YEAR 2020/2021. CM/Fox stated that it is staff's recommendation that this item be continued to the January 7t" City Council meeting. MPT/Lyons moved, C/Herrera seconded, to continue Item 7.1, Community Development Block Grant (CDBG) Program Allocations for Fiscal Year 2020/2021, to January 7, 2020. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chou 7.2 DIAMOND BAR GENERAL PLAN 2040 AND CLIMATE ACTION PLAN. CDD/Gubman presented staff's report stating that the Diamond Bar General Plan 2040 is the product of a three and one-half year public process, the result of which is a comprehensive update to the City's 1995 General Plan which will guide the City's land use decisions over the next 20 years. Public engagement played a significant role in developing the Vision, Guiding Principles, Goals and Policies, around which the General Plan Update is framed. Between August 2016 and October 2019 the public outreach and participation effort included 23 stakeholder interviews, 10 General Plan Advisory Committee meetings, 5 joint City Council/Planning Commission Study Sessions, 2 online surveys, 2 community workshops and information booths set up over 17 separate events and venues. CDD/Gubman stated that the Climate Action Plan (CAP) is concurrently presented for adoption. The CAP provides the documentation necessary to demonstrate that the City will be able to reduce its Greenhouse Gas Emissions in compliance with state mandates and goals through implementation of the Goals and Policies set forth in the General Plan DECEMBER 17, 2019 PAGE 5 CITY COUNCIL Update. r CDD/Gubman stated that the Environmental Impact Report (EIR) was prepared to evaluate the potential impacts of the proposed General Plan Update and Climate Action Plan. In accordance with the mandates of the California Environmental Act (CEQA), the EIR is intended to inform decision -makers and the general public of the potential significant environmental impacts of the General Plan and Climate Action Plan. Impacts that cannot be mitigated to levels less than significant are documented in the EIR. Those impacts are significant and unavoidable even in business as usual circumstances. In other words, if no General Plan Update was adopted, these impacts would still result. These significant and unavoidable impacts are in the categories of Air Quality, Cultural and Archaeological Resources and Transportation. Additional discussion of the EIR and the Findings of Fact in the Statement of Overriding Considerations is provided in staff's report and associated resolutions. A Statement of Overriding Considerations is a determination that the City Council must make, supported by findings that although there are significant and unavoidable impacts that would result, the benefits of the General Plan Update outweigh those potential impacts. Those findings and the Statement of Overriding Considerations is provided as an exhibit to the Resolution for Certification of the EIR. A significant feature of the General Plan Update is the introduction of four focus areas including the Town Center Mixed -Use area which envisions a traditional downtown environment; the Neighborhood Use District which promotes the revitalization of north Diamond Bar Boulevard with a combination of residential and neighborhood -serving commercial uses; the Transit -Oriented Mixed Use focus area which promotes higher density housing, offices and commercial uses close to regional transit; and, the Community Core Overlay which proactively sets forth the City's vision for the golf course in the event the County makes a future decision to discontinue its operation; with mixed -use focused on the southern portion, approximately 100 acres would be added to the parkland inventory under the Goals and Policies set forth in the General Plan. The potential buildout under the General Plan Update is estimated to result in 3750 new housing units, 7,000 new jobs, and 8,800 new residents, for a total population of 66,700. Much of this growth would occur in the four focus areas. The General Plan Update also expands on the original 1995 General Plan by adding three new policy topics within its chapters: Economic Development, Community Character & Placemaking, and Community Health & Sustainability. These topics were added in chapters of the General Plan to better reflect the contemporary values of Diamond Bar's residents. CDD/Gubman then summarized the revisions to the General Plan DECEMBER 17, 2019 PAGE 6 CITY COUNCIL document and EIR following their release for public review in September through the end of October: Updated Goals and Policies In response to the direction received at the September 25t", ' 2019 and October 8, 2019 study sessions along with other comments received, several Goals and Policies were revised to read as statements of intent, rather than regulations. In addition, after reviewing concerns expressed in the letter from Shute, Mihaly & Weinberger LLP and after consulting with the City's Attorney this evening, staff is further recommending revisions to 15 Goals and Policies that use the word "consider" so that the policy language clearly leads to implementation. Copies of the proposed revisions have been provided at the dais and were also placed at the counter in the lobby outside the auditorium for the public prior to tonight's meeting. Staff is also proposing one minor mapping revision to the Neighborhood Mixed -Use boundaries in response to comments at the September 25tn study session regarding the parcel along Diamond Bar Boulevard between Sunset Crossing Road and the SR60 westbound off ramp. The revision is based on the site being constrained by topography and ingress/egress restrictions that would make it unlikely for that site to be developed in conformance with the Neighborhood Mixed -Use District Goals and Policies. After reviewing the site conditions, staff concurred with the commenter's remarks, and as such, staff recommends that the parcel south of Sunset Crossing Road be detached from the Neighborhood Mixed Use District boundaries. This recommendation is reflected in the final Public Hearing Draft of the General Plan document (incorporated by reference). Staff made a revision to the Vegetation Communities map. The Public Hearing Draft map shows areas that were previously designated as California Walnut Woodland along the slopes and canyons which are now shown to be Live Oak Woodland. The woodland mosaic shown within this terrain is based on the slope orientations, where slopes with westerly/southerly exposures are depicted as walnut woodlands and slopes with northerly easterly exposures are depicted as walnut/oak woodlands. This determination was based on reference sources that validated the characteristic of Coast Live Oak to prefer the northerly and easterly exposures. With that change, the areas affected are revised and the ratio is approximately 64 percent Oak Woodland to 36 percent Walnut Woodland where it was previously identified as 100 percent Walnut Woodland. Staff added to the General Plan document a new map figure 5.5 showing Wildlife Movement Corridor choke points. These are vulnerable areas between larger blocks of terrain that if intruded upon or disturbed, could DECEMBER 17, 2019 PAGE 7 CITY COUNCIL have a negative effect on the ability of wildlife to travel back and forth and traverse through the City to Tonner Canyon and beyond. The next revision is to the Major Waterways and Tributaries map, which previously overlooked the inclusion of Brea Canyon Creek starting at Pathfinder and moving down along Diamond Canyon Park, proceeding south and exiting the City at Tonner Canyon where it becomes a natural unlined channel when it enters the unincorporated Sphere of Influence. And finally, the General Plan Special Status Species Map is proposed to be revised to show documented sightings of the gnatcatcher, cactus wren, golden eagle, red diamond rattlesnake and other species. Staff is incorporating this recommendation by reference and if the Council concurs, the final adopted General Plan document will be revised to incorporate those sightings on the existing Special Status Species Map provided in the General Plan. This revision was added based on prior Draft EIR comments authored by Robert Hamilton and this recommended revision is based on further consultation with the EIR team. CA/DeBerry stated that his firm received two letters at the 11t" hour. One was a 20 page letter from Shute, Mihaly & Weinberger LLP, which CDD/Gubman touched on briefly. There was not sufficient time to address everything contained in the letter; however, one of the objections was to the City's use of terms like "encourage" and "promote" as part of its General Plan Policies. As CDD/Gubman indicated, staff believed there was a point made with respect to the word "consider" and accordingly, he is proposing changes to that particular phrase. With respect to the words "promote" and "encourage", he believes the comment forgets that the General Policy, when it says that the City is to develop standards and other conditions of development that promote something, if the City does not do that, it is inconsistent with the General Plan. Underlying the General Plan are all of the other development standards including the Zoning Ordinances, conditions of development and those conditions need to promote whatever the General Plan says it promotes. Those types of policy statements are not vague, ambiguous or unenforceable. - In his opinion, they are enforceable. However, he believed the point was well taken with respect to the word "consider" and staff is recommending those changes accordingly. There was also a comment in the letter that requiring development to reduce impacts to the extent "feasible" was some large loophole. The CEQA Guidelines use the word "feasible" for mitigation measures and "feasible" as defined within the CEQA guidelines means "capable of being accomplished". As such, he does not view a mitigation measure or General Plan Policy which says "to the extent feasible" as being a large loophole. If it can be accomplished, then it is to be accomplished. And as he noted, the CEQA Guidelines only allow cities to rely on mitigation measures which are feasible anyway, so, the term is very consistent with CEQA. DECEMBER 17, 2019 PAGE 8 CITY COUNCIL CA/DeBerry continued stating there were several contentions that the analysis for the alternatives to the proposed General Plan was inadequate, one of which was that Alternative 2 is not a reasonable alternative because the County owns the golf course (Alternative 2 proposed the Town Center over the golf course) and that the City has no jurisdiction over that property and there is no reason to believe that the County would deed the property over to the City. The City does not own any of the property for which any of the Town Center alternatives are proposed and there is no indication that those private property owners will deed their property over to the City. In his opinion, it will not be the case that they will deed their property to the City. The fact that someone else may own the property and may not deed it over to the City does not render that alternative unreasonable. The commenter is wrong. If, in fact, the county proposed to develop that property for commercial purposes it would be subject to the jurisdiction of the City. It is only when an agency like the County or another city is using the property for a county or city purpose that it is not subject to the jurisdiction of the City's zoning ordinance. As is well known, there are many instances of golf course uses being discontinued and redeveloped, either for commercial or residential uses. And the fact that only one entity owns that property, if the County were to determine to abandon the golf course use, would make it more appropriate for the property to be developed consistent with the General Plan. Lastly, there was a discussion about Tres Hermanos and it seems to be that the commenter is contending that the current designation of high - density residential in one part of Tres Hermanos and Planning Area in the other was inconsistent with the deed restriction on the property which limits its use to Open Space, Public Use and Recreation. And the suggestion was that the City should re -designate that property Open Space. Contrary to what the commenter said, the deed restriction was not placed on the property by the Tres Hermanos Conservation Authority. As everyone knows, it was placed on that property by the Successor Agency to the Industry Redevelopment Agency and that property was then transferred to the City of Industry, and then the Authority took that property subject to that deed restriction. So, he does not consider that to be a plan, policy or regulation of the Authority which has not had the opportunity to develop a plan or policy for the future use of Tres Hermanos. As the Council is aware, the Authority was formed only about a year ago and there is pending litigation that is challenging the transfer of that property to the Authority. So, he believes that the better process would be to see how the legal challenge comes out and then give the Authority the opportunity to determine what it considers to be appropriate uses within the confines of the current deed restriction. The suggestion that it be re -designated to Open Space would only allow one of the uses that is on the deed restriction — it would not account for Public Uses or other recreational opportunities. To reverse course at this time and re -designating that DECEMBER 17, 2019 PAGE 9 CITY COUNCIL property Open Space would open up a whole host of issues, specifically with respect to the Housing Element and other issues, and staff is not recommending that be done. M/Tye opened the Public Hearing. Lee Paulson, Responsible Land Use, said that in spite of comments made by CA/DeBerry, his group would prefer that the Council see their letter as the gift they intended it to be. As educators, they see their mission to educate the Council and the public to the reality and magnitude of legal liability in which this City will find itself if the Council adopts the General Plan and EIR before them this evening. Council Members publicly stated that General Plan language needed to be flexible in order to protect the City from lawsuits by activist community groups. Responsible Land Use respectfully suggests that a much better strategy to limit the City's legal exposure would be to give the City a new General Plan and EIR which assiduously respects and follows the spirit and letter of the law, which the documents before the Council as outlined in their letter clearly do not, in spite of the changes made this evening and in spite of CA/DeBerry's comments. The Council has a choice which is not particularly a pleasant choice for anyone. However, as stewards of the public purse, it is the Council's fiduciary duty to use our tax dollars wisely. Responsible Land Use believes Diamond Bar's taxpayers dollars will be much better used if everyone works together to resolve the differences instead of slugging it out in the legal system. M/Tye and he discussed this topic in depth during the meeting a few weeks ago and at the time of the discussion, both agreed on this point. He also mentioned during that time that he personally has no political aspirations or a desire to be a City Council member, nor does anyone else on his team. Neither is it their desire to usurp the Council's duly elected right to govern this City. Instead, as educators, his group has seen it as their mission to offer carefully crafted solutions instead of just criticism. Indeed, to their knowledge, no other public non-profit has offered this City positive, well -researched solutions and problem -solving skills the way they have and City staff will attest to this. As previously mentioned, some have concerns about the language CA/DeBerry discussed this evening. His group sincerely believes it is possible, through respectful conversation, to resolve the Council's concerns and do it such that the integrity of what the .GPAC approved remains intact. Because Responsible Land Use sees itself as the City's ally, they again offer their services to assist in limiting the City's legal exposure with inside knowledge, problem solving skills and resources that are thoughtfully and personally devoted to profitability and quality. Their only desire from the beginning is that everyone work together — the GPAC, City staff, concerned citizens and the City Council to give this City a future which will still offer its citizens the opportunity to enjoy open space and country living 20 years from now and do so by still meeting the housing, transportation, commercial and budgetary needs of this City. The responsibility as we move into a new era of challenge is to create a DECEMBER 17, 2019 PAGE 10 CITY COUNCIL revised General Plan and EIR which embraces best planning practices and sound conservation based upon the latest science, and do so in a way that fully complies with the spirit and letter of the law. Bob Cruz, Public Affairs Manager, Southern California Gas Company, was present to thank the City Council and commend staff for their openness and respect in considering feedback about looking at energy diversification and balanced energy as part of the Climate Action Plan. He wished everyone a Merry Christmas, Happy Holidays and a Happy New Year. Robin Smith, Chair, Diamond Bar/Pomona Valley Sierra Club, has been tracking the General Plan project and appreciates the Council's attention to all matter discussed throughout the process. She also appreciates the changes that were offered this evening and the comments by staff and CA/DeBerry and the Council's consideration thereof. The Diamond Bar Sierra Club is a locally focused group that is especially interested and privileged to serve the City of Diamond Bar and this community in conservation planning and environmental literacy in improving ecological integrity. Even with the changes she heard put forth this evening it will not improve the present General Plan to make it a coherent and truly functional document to serve the community for the next 20 years because nature does not work like that. It is not the kind of thing one cuts and pastes and stuffs into a corner or pave over and replace things. It is really no different than the small example of Sycamore Canyon Park where the City has converted perhaps two acres of natural watershed with invasive ornamental plantings during the erosion repair. This is an example of what Mr. Hamilton is attempting to teach and why the edges are important and these natural communities matter. They are living ecological systems. Specifically, the Hamilton report has an answer to his December 10th letter, comments on the final EIR. "We appreciate the gnatcatcher being mapped. The bird is there and that is definitely provable". But the other comments and responses to his letter have not been answered. The language keeps it flexible for things like Sycamore Canyon Park where when she spoke with the project manager, he said to her "this area is not a riparian area" when she showed him a map of the riparian area. In her opinion, this shows a problem with staff education. Or, perhaps it was done on purpose. She knows there are people who care about the quality of this community and that it is very foolish if these things are allowed to erode bit by bit. She asked the Council to consider whether their decision tonight will punctuate tone deafness to the public's vision and their concerns for quality life, thus making the political role of the Council irrelevant or, whether the Council's decision and political will may demonstrate a revolutionary wisdom which is forward thinking, modeling the courage to embrace updated innovative land use and conservation management stewardship. Our children depend on these decisions and she asked the Council to consider wisely. DECEMBER 17, 2019 PAGE 11 CITY COUNCIL Grace Lim -Hays said she had intended to give a lengthy speech this evening, but based on what she has heard from other speakers, she is deferring to their speeches. M/Tye closed the Public Hearing. CM/Fox stated that he would be happy to respond to any questions of the Council. Before the Council tonight with the proposed revisions discussed by CDD/Gubman in his presentation, there are three resolutions — one to certify the EIR, one to approve the General Plan Update and one to approve the Climate Action Plan should the Council desire to move forward this evening. C/Herrera asked whether the revisions fell under Item C, D or E. CM/Fox responded to C/Herrera that the language revisions to the Policies would fall under Resolution 2019-44 (D), as well as incorporation of the additional information on the biological maps. CDD/Gubman responded to CM/Fox and stated to the Council that staff does not believe that revising the EIR is necessary because the EIR acknowledges the potential for those species to occur in the area because there is habitat that supports those species. The recommendation to add the locations of sightings would alert potential builders, developers and the City where those species have been documented. Staff believes that the General Plan and the EIR have already acknowledged the potential. There are detailed mitigation measures that must be followed in any project that implements the General Plan and staff would concur that this improves the information and usefulness of that map. MPT/Lyons said she wanted to be certain that if any or all of the three resolutions were to be adopted, that it would include the changes outlined by CDD/Gubman. CM/Fox responded to MPT/Lyons that assuming the Council makes a motion on Item D, that motion should include approval of the General Plan with the additional changes including those to the maps and Policy language. C/Low asked CA/DeBerry if he is satisfied that tonight's proposed revisions comply with the requirements of the General Plan. CA/DeBerry responded to C/Low affirmatively and further stated that the argument was that if the 'policy just said "consider," the City could essentially comply with that policy by simply considering and then perhaps rejecting whatever the intended policy objectives were. So, the proposed language is enforceable in that it has the City adopting certain Policies and ensuring and promoting certain Policies. When it comes time to DECEMBER 17, 2019 PAGE 12 CITY COUNCIL develop zoning standards, development standards, or imposing conditions of development, those standards have to be consistent with the General Plan policies and goals, rendering them readily enforceable by the change in the language. C/Low said that sometimes when the City enters into contracts they contain severability clauses and is there such a thing in the General Plan and land use regulations. CA/DeBerry responded to C/Low not in the context of severability clause as it is understood from a legal term which means that if one provision of the contract is not enforceable the rest of the contract stands. In the General Plan context, the more appropriate analogy would be that some projects come to the City that may be consistent with certain General Plan policies, but not consistent with others. If, in fact, the General Plan applies to that particular project, then it is to be implemented. For example, a multi -story residential apartment is not consistent with the General Plan policy of Open Space and Public Parks, but it furthers other General Plan policies and goals such as, creating either workforce housing or meeting RHNA numbers and the like. C/Herrera stated that this has been a three-year process for the City and staff and the public has had multiple opportunities to make their comments and thoughts known. She believes this has been a very thorough process, that staff has been very diligent in listening to the public and making amendments, and that the City Council has been very diligent in considering language. Thus, she believes it is now time to adopt this General Plan. Motion by C/Herrera to adopt Item C deferred for Council discussion and comment: M/Tye responded to comments he heard in the 11t" hour. With respect to Mr. Ross's contention in his conclusion that many Diamond Bar residents and organizations including Responsible Land Use have been asking the City to take a slower, more considered approach, he would disagree with that contention. He does not believe that "many" have come to that conclusion. He does believe that Responsible Land Use has been unique in asking for a slower and more considered approach. He loves the passion, but to say it is "many" obfuscates the truth when it has not been many. There have, however, been many meetings with many of the same people and the same group continuing to come and present the same arguments about why this is a flawed process and a flawed document. In the next paragraph Mr. Ross says that "scrambling to this approval in the third week of December as vacations and holiday preparations begin is the opposite of careful consideration." M/Tye said that including tonight, this process has proceeded over 40 months during which there have been in excess of 50 meetings and if that is not careful consideration, he does DECEMBER 17, 2019 PAGE 13 CITY COUNCIL not know what is. This process is certainly not hiding in the third week of December. Since April of 1989, on the first and third Tuesday of every month as long as there is business to be taken care of, the City Council meets. And here we are. If there is an apology in order he is sorry that the third Tuesday meeting falls on the 17t" of December in 2019, eight days before Christmas. When there is business to be done, this City gets its business done. Fifty plus meetings over 40 months is hardly "tone deafness to the public's vision and their concerns". The people he talks to are grateful that the process has been as exhaustive and as transparent as possible. And now people want to quibble about the golf course because the City has no jurisdiction. The City does have jurisdiction. It was 10 years ago or so when Supervisor Knabe was talking about swapping the golf course for a new and improved golf course if the City could come up with the land. And so, at that time, Diamond Bar had an opportunity to convert the current golf course. It is a landmark in Diamond Bar and he understands the passion for it. But, when Supervisor Knabe, on behalf of the county, wants to look at that possibility, it behooves Diamond Bar to say it had better be prepared for that eventuality because it could happen. When there are veiled threats to a lawsuit within those 20 pages, it reminds him what he tells his kids or anybody that will listen, that anybody can sue anybody at any time for any reason. And, if people think that's a good strategy, knock yourselves out. He thinks it is a good strategy to come up with a good product where this City and City Council has listened again and again and again. And thank you staff, for making the tweaks and trying to accommodate the public in what he believes is beyond the 11t" hour. He believes that the message is loud and clear that it isn't that people want to cooperate or collaborate, it is do it our way, or else. So going forward, we will see what "or else" means. There were 15 volunteer members of the GPAC that gave time and energy to do the very, very best that they could. The City hired a consultant to see it through that process and he believes the end result is a terrific product. He is not one of those who thinks that between now and 2045 the world is going to end because Diamond Bar adopts this General Plan. M/Herrera moved, MPT/Lyons seconded, to Adopt Item C, Resolution No. 2019-43, certifying the Final Environmental Impact Report (SCH No. 2018051066), adopting Findings of Fact and Statement of Overriding Considerations, and approving the Mitigation Monitoring and Reporting Program for the Diamond Bar General Plan Update and Climate Action Plan. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Herrera, Low, MPT/Lyons, M/Tye None Chou M/Herrera moved, C/Low seconded, to adopt Item D, Resolution No. 2019-44, approving the Diamond Bar General Plan 2040, with changes to the policy language and maps. Motion carried by the following Roll Call DECEMBER 17, 2019 PAGE 14 CITY COUNCIL vote: AYES: COUNCIL MEMBERS: Herrera, Low, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chou M/Herrera moved, MPT/Lyons seconded, to adopt Item E, Resolution No. 2019-45, approving the, Diamond Bar Climate Action Plan 2040. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chou 8. COUNCIL CONSIDERATION: 8.1 ANNUAL APPOINTMENT OF COUNCIL MEMBERS TO SERVE ON LOCAL AND REGIONAL BOARDS, COMMISSIONS AND COMMITTEES. C/Herrera moved, MPT/Lyons seconded, to ratify the Mayor's appointments, dissolve the Sphere of Influence/Annexation City Council Standing Committee, and adopt Resolution No. 2019-46 confirming the appointment of specific representatives to the San Gabriel Valley Council of Governments as listed above. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Herrera, Low, MPT/Lyons, M/Tye None Chou 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera said this has been a productive meeting concluding three years of work on the part of City staff resulting in the adoption of the General Plan. While there are some who are not pleased with the outcome, she reminded everyone that the City Council sits at the dais representing 60,000 residents and makes the best possible decisions for and on behalf of them. She believes the Council has accomplished that goal. As she stated earlier, the public has had multiple opportunities to speak and voice their views. Staff has listened and made modifications throughout the three-year process and it was time to make a final decision. She commended her colleagues for stepping up and taking that vote. She congratulated the award recipients of the Through My Lens photo contest. The photos were very interesting and cute and the highlight for her was the baby. She wished everyone a Merry Christmas and a Happy New Year and asked everyone to be safe. DECEMBER 17, 2019 PAGE 15 CITY COUNCIL C/Low thanked staff, the GPAC, the audience and people at home who followed the General Plan. Staff went above and beyond listening to residents and the community with all of the meetings and extra hours dedicated to the document and its revisions, the minutia, etc. She commended CDD/Gubman for his leadership in this process. GPAC members devoted many hours of their time to this process as well as, members of the public who offered their input, all of which was received and much of which was included in the document. Diamond Bar wants to be forward thinking, wants its open space and wants the City to work, and, Diamond Bar wants traffic to move. Diamond Bar does not want blight. Diamond Bar wants to look nice and Diamond Bar knows that for that to happen, it needs good, sensible and smart development, which starts with the General Plan as its guiding document. It comes with smart regulations and smart people who implement the vision and it comes with an involved community — together we check and balance each other. Someone in the audience has commented to her that we have more in common than we have in differences which she truly believes, and she believes that the General Plan reflects that view. This General Plan is tailored to Diamond Bar — it is not an off -the -shelf, shoved into Diamond Bar to make it work, it is tailored specifically to this community and this provides an opportunity to proceed with development that will make Diamond Bar better. She thanked everyone for their participation and said she believes that the community has been well -served by this process. To her colleagues, it had been a pleasure working with them this past year. She believes the Council did a lot in 2019 and made a lot of good decisions. Ultimately, the Council did right for Diamond Bar. She thanked staff for their work and said it had been a pleasure working with everyone during 2019. Happy Holidays to everyone. Merry Christmas, Happy Hanukkah and be safe. See everyone in 2020. And thank you to everyone for their support and friendship through 2019. MPT/Lyons thanked staff for all of the hard work that went into the General Plan and the Climate Action Plan and the EIR. Many including CDD/Gubman, SP/Lee and CM/Fox worked many, many days, nights and weekends on these documents. It was a massive undertaking and she appreciates their hard work. She congratulated photo winners. It is always fun to see Diamond Bar creativity and to see some of those photos on calendars. On a somber note, Diamond Bar lost one of its really good citizens this week, Joe Ruzicka. Many know that Joe served on the Three Valleys Water Board and he was also known for his community activism. He served on Diamond Bar commissions and was a very generous man with non -profits, always contributing to the Diamond Bar Foundation and Friends of the Library and allowing his home to be used for fundraisers. On every front he was generous with the residents of Diamond Bar. MPT/Lyons asked that tonight's meeting be closed in his memory. She wished everyone a very Merry Christmas, Happy Hanukkah and a wonderful New Year. May everyone's holiday season be filled with joy and hope! M/Tye congratulated staff for a yeoman's effort in getting the General Plan adopted. It was a labor of love and it is a good product. He is very proud that it is done. We lost Joe Ruzicka a week ago, actually on M/Tye's birthday. They DECEMBER 17, 2019 PAGE 16 CITY COUNCIL were -in Rotary together and M/Tye used to give Joe a merciless time. Joe said he would get even but never found the right venue but now it appears he has with his passing on M/Tye's birthday. He was a great guy. He bought his home in Diamond Bar in 1975, he is a past president of Diamond Bar Little League, past president of Walnut Valley Rotary, past member of the Parks and Recreation Commission and Planning Commission and he transitioned to the water industry about which he would often say he did not realize how much he would enjoy being a part of the water industry. He was a great ambassador for Diamond Bar serving on the Three Valleys Water Board as a Trustee and on LAFCO. Joe would reluctantly take on anything. He will be missed. Services will be held sometime in the next couple of weeks and Diamond Bar will have an opportunity to honor him and appreciate his life at St. Denis Church. Merry Christmas, Happy Hanukkah, Happy Kwanzaa and Happy whatever one celebrates. Everyone please have a safe and happy New Year in 2020. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the Regular City Council Meeting at 8:27 p.m. in memory of Joseph "Joe" Thomas Ruzicka. Respectfully submitted: Kristina Santana, City Clerk The foregoing minutes are hereby approved this 7th day of January, 2020. Steve ye, May r