HomeMy WebLinkAbout02/02/2023Agenda Amended on 9/3V23 to update the correct meeting time on page 1.
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How to Observe the IVieetino From Home:
Members of the public can observe the meeting by calling +1 (914) 614-3221, Access Code: 303-
437-508 or visiting https://attendee.eotowebinar.com/resister/9106688993118903643.
How to Submit Public Comment: The public may provide pubiic comment by sending an email, or by
logging into the teleconference. Please send email pubiic comments to Planning@DiamondBarCA.gov
by 5:00 p.m, on the day of the meeting and indicate in the Subject Line "FOR PUBLIC COMMENT."
Written comments will be distributed to the Planning Commission members and read into the record at
the meeting, up to a maximum of five minutes.
Alternatively,
public comment may be submitted by logging onto the meeting through this link:
https://attendee.eotowebinar.com/reeister/9106688993118903643. Members of the public
will be called upon one at a time during the Public Comment portion of the agenda. Speakers are limited
to five minutes per agenda item, unless the Chairperson determines otherwise.
American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need
special assistance to participate in the Planning Commission Meeting, please contact the Community
Development Office (909) 839-7030 within 72 hours of the meeting. Commission recordings will be
available upon request the day following the Planning Commission Meeting.
Agenda Amended on 1/31/23 to update the correct meeting time on page 1.
City of Diamond Bar
Planning Commission
PUBLIC INPUT
The meetings of the Diamond Bar Planning Commission are open to the public. A member of the publie
may address the Commission on the subject of one or more agenda items and/or other items of which
are within the subject matter jurisdiction of the Diamond Bar Planning Commission. The teleconference
moderator will ask callers one at a time to give their name and if there is an agenda item number they
wish to speak on before providing their comment, if you wish to speak on a public hearing item or
commission consideration item, you will then be called upon to speak at that point in the agenda.
As a general rule, the opportunity far public comments will take place at the discretion of the Chairperson.
However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give
their presentation at the time the item is called on the calendar. The Chairperson may limit individual public input
to five minutes on any item; or the Chairperson may limit the total amount of time allocated for public testimony
based on the number of people requesting to speak and the business of the Commission.
Individuals aze requested to conduct themselves in a professional and businesslike manner. Comments and
questions are welcome so that all points of view are considered prior to the Commission making recommendations
to the staff and City Council. When speaking, please direct your questions and comments to the Commission, not to
staff or other members of the public.
In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least
72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the
posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted
agenda.
Copies of Agenda, Rules of the Planning Commission, Recordings of Meetings (909) 839-7030
Email: infoCdldiamondbarca.aov
Website: www.diamondbarca.aov
u he iity of Diamond Bar tdaandcs you iri ac8vataee Tor faking aid y�reeaaatdo�i s to prevent spreading the
%®�d®-Rq euo'nus.
This meeting w4P be conducted telephonucaIq and Mlembers of roe Piairprliing
Commission and City staff Wig be participating Via Tegeconference. Them idd; be no
physical meeting location.
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19
CALL i® ®R®E6�: 5:00 p.m.
PLEDGE OF ALLEGIANCE:
�. ROLL CALL: COMMISSIONERS: Naila Barias, Mahendra Garg, William
Rawlings, Kenneth Mok, Vice Chairperson, Raymond Wolfe, Chairperson
2. APPROVAL OF AGENDA: Chairperson
3. PUBLIC COMMENTS:
V his is fhe time and piece for fibs general public Yo address tine members of the
planning commission on any item that is within its jurisdiction, allowing the public
an opportunity to speak on non-public hearing and non -agenda items. Speakers
are limited to five minutes. The teleconference moderator will ask callers one at a
time to give their name. If you wish to speak on a public hearing item or
commission consideration item, you will then be called upon to speak at that
point in the agenda
The following items listed on the consent calendar are considered routine and
are approved by a single motion. Consent calendar items may be removed from
the agenda by request of the Planning Commission only:
�.0
FEBRUARY 2, 2023 PAGE 2 PLANNING COMMISSION
i. PUBLIC HEARING(S): None
6. PLANNING COMMISSION COMMENTS I INFORMATIONAL ITEMS:
CITY COUNCIL MEETING:
Tuesday, February 7, 2023, 6:30 pm
South Coast Air Quality Management District
21865 Copley Drive, Diamond Bar, CA
PLANNING COMMISSION
Tuesday, February 14, 2023, 6:30 pm
MEETING:
Windmill Community Room
Diamond Bar City Hall
21810 Copley Drive, Diamond Bar, CA
PRESIDENTS' DAY:
Monday, February 20, 2023
In recognition of the holiday, city offices will be
closed. City offices will re -open Tuesday,
February 2, 2023.
CITY COUNCIL MEETING:
Tuesday, February 21, 2023, 6:30 pm
South Coast Air Quality Management District
21865 Copley Drive, Diamond Bar, CA
PLANNING COMMISSION
Tuesday, February 28, 2023, 6:30 pm
MEETING:
Windmill Community Room
Diamond Bar City Hall
21810 Copley Drive, Diamond Bar, CA
11. ADJOURNMENT:
AGENDA ITEM NUMBER: .9
MEETING DATE: February 27 2023
CASE/FILE NUMBER: Continued Use of Teleconferencing in
Accordance with Assembly Bill 361 for Meetings
of the Planning Commission Subject to State
Open Meeting Laws.
PROJECT LOCATION: Citywide
SU6JECT: Continued Use of Teleconferencing in
Accordance with Assembly Bill 361 for Meetings
of the Planning Commission Subject to State
Open Meeting Laws,
The Ralph M. Brown Act ("Brown Act`) requires that ail meetings of a IegisiaYive body of
a focal agency be open and public, that a physical location for such meetings be
provided, and that the public be permitted to provide public comment during the
meetings — with some exceptions as defined under the law.
Due to the continued impact of the COVID-19 pandemic, tihe California Legislature
passed Assembly Bill 361 (AB 361), whiei� authorizes a local agency to use
teleconferencing without complying with certain teleconferencing requirements imposed
by the Brown Act when: (1) the legislative body of a local agency holds a meeting
during a declared state of emergency; (2) when state or local health officials have
imposed or recommended measures to promote social distancing; and/or (3) when a
local agency has determined that meeting in person would present imminent risks to the
health or safety of attendees.
The Planning Commission utilized the provisions of AB 361 on January 10, 2023. In
order Yo continue to have the ability to use fhe modified teleconferencing options,
AB 361 requires that the Planning Commission re -affirm its findings every 30 days.
Conditions under which AB 361 may be utilized continue to exist as described in the
attached Resolution (Attachment A). The provisions of AB 361 allowing the modified
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fieieconferencing wile expire January 1, 2024, or upon the Governor's decision to end the
COVID-19 State of Emergency, whichever occurs first.
MIZAMLLU
Adopt the attached Resolution (A$$achmen$ A), providing for continued use of
teleconferencing and other formats as defined and in compliance with Assembly Bill 361
for meetings of the Planning Commission.
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A'i$achmen$s:
A. AB 361 Brown Act Resolution (PC) February 2, 2023
continued Use of Teleconferencing in Accordance with Assembly Biil 361 for Meetings of the Planning Commission
Subject to State Open Meeting Laws. Page 2 of 2
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iiift4EREAS, on March 4, 2020, California Governor Newsom declared a State of
Emergency in response to the COVIDA9 pandemic;
WHEREAS, on March 12, 2020, to address the impacts of COVID-19, Governor
Newsom Issued Executive Orders that required, among other things, residents of California to
follow orders and guidance of local public health officials, including social distancing and
masking requirements;
WHEREAS, existing California law, the Ralph M. Brown Act ("Brown Act") requires, with
specified exceptions, that ail meetings of a legisia'ilve body of a local agency, as those terms
are desoned, be open and public, that a physical location for such meetings be provided, and
that the public be permitted to provide public comment during the meetings;
WHEREAS, the Brown Act permits members of legislative bodies to teleconference into
public meetings subject to certain conditions, including that the place from which the member
teleconferences be open to the public, that an agenda be posted on the site, and that the
teleconference location be noticed in the agenda;
WHEREAS, in recognition that such public gatherings at such meetings could
accelerate the spread of COViDA 9, Governor Newsom's Executive Orders suspended, among
others, these Brown Act teleconferencing requirements to provide local agencies with greater
flexibility to hold meetings via teleconferencing safely;
WHEREAS, pursuant to the Emergency Services Act (Government- Code
sections 8550 et seq.), and Chapter 8,00 of Title 8 of the Diamond Bar Municipal Code, the
City Council of the City of Diamond Bar has proclaimed the continued existence of a local
emergency resulting from the COVID-19 pandemic;
WHEREAS, as of September 30, 2021, the Governor's Executive Order suspending the
Brown Act's teleconferencing requirements is set to expire;
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill361
(AB 361), which authorizes a local agency to continue to use teleconferencing without
complying with certain teleconferencing requirements imposed by the Brown Act when: (1) the
legislative body of a local agency holds a meeting during a declared state of emergency;
(2) when state or local health officials have imposed or recommended measures to promote
social distancing; and/or (3) when a local agency has determined that meeting in person would
present imminent risks to the health or safety of attendees;
P�cf��x fig. 8
WHEREAS, both Los Angeles County and state health officials continue to recommend
social distancing due to a recent increase in COVID-19 cases believe to be caused by the so -
call Omicron Variant;
tt� BAS, the Planning Commission must approve a (Resolution reaftirming that the
requirements set forth in AB 361 exist every 30 days in order to allow members of its legislative
bodies to utilize the provisions of AB 361 when attending public meetings via teleconferencing;
and
G�Bt�BAS, noYwiYhstanding Yhat the Cite iegisiative bodies, as defned by the Brown
Act, are now holding modified public meetings in person, there may be situations in which a
member of one of these legislative bodies decides not to attend in person due to a particular
health or safety risk posed by such attendance and as such, it is the Planning Commission's
desire 'to permit members of the Planning Commission to attend by way of teleconference
pursuant to AB 361 due to health and safety concerns associated with COVID-191
he City of Diant ond Bar as follows:
i hat the above recitals are true and correct. and based thereon, Yhat the spread
and potential further spread of COVID-19 poses an imminent risk to the public
health and safety.
2. That a state of emergency due to the COVID-19 pandemic continues to exist and
at the time that this Resolution was adopted both Los Angeles County and State
health officials are recommending social distancing to slow the spread of
COVID-19.
3. � hat meeting in person may pose an imminent risk to the health and salr"efy of some
attendees, including members ofthe Planning Commission, who due to age, health
conditions, or vaccination status, have a higher risk of contracting COVID-19 and
are more likely to get severely ill and in some cases, die from COVID-19.
Thai
during the effective period of this Resolution and any reaffirmafiion thereof,
members of the Planning Commission may participate in meetings subject Yo 'the
Brown Act by way of teleconference in accordance with AB 361,
5. That meetings shah be held in accordance with A13361 by, among other things,
providing notice `to the public how it can aocess the meeting and provide public
comment, providing an opportunity for the public to attend via a call -in or an
internet-based service option, conducing the meeting in a manner which protects
the statutory and constitutional rights of the public, and stopping the meeting until
public access is restored in the event of a service disruption.
Z PC Resolufion No. 2023-XX
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IT IS FURTHER RESOLVED that this Resolution is effective for 30 days from its
adoption date and must be aftirmedfacknowledged every 30 days by the Planning Commission
of the City of Diamond Bar in order for the provisions of Assembly Bill 361 to continue to apply
to teleconferencing by members of the Planning Commission,
APPROVED AND ADOPTED THIS FEBRUARY 2, 2023, BY THE PLANNING COMMISSION
OF THE CITY OF DIAMOND BAR,
By:
Raymond Wolfe, Chairperson
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 2nd of February, 2023, by the following vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
ATTEST:
Greg Gubman, Secretary
PC Resolution No. 2023-XX
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
I, Stella Marquez, Administrative Coordinator for the City of Diamond Bar, CA, declare as
follows:
I hereby certify, under penalty of perjury under the laws of the State of California that on
January 31, 2023, 1 posted the February 2, 2023, Planning Commission Special Meeting
Agenda, pursuant to Government Code Section 54950 et.seq. at the following locations:
Diamond Bar City Hall, 21810 Copley Drive
SCAQMD/Government Center, 21865 Copley Drive
Heritage Park, 2900 Brea Canyon Road
Diamond Bar Library, 21800 Copley Drive
City website: www.diamondbarca.gov
Executed on January 31, 2023, at Diamond Bar, California.
Stella Marquez
Community Development Dept.
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