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HomeMy WebLinkAbout2021.07.06 - Minutes - Regular MeetingCITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 JULY 6, 2021 M/Lyons stated that consistent with COVID-19 regulations, members of the public were encouraged to participate and address the City Council during the public comment portion of the meeting via teleconference. Members of the City Council and limited staff were physically present for the meeting and public seating was limited to a first -come, first -serve basis. CALL TO ORDER: Mayor Lyons called the Regular City Council meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE: Council Member Chou led the Pledge of Allegiance. ROLL CALL: Council Members Andrew Chou, Stan Liu, Steve Tye, Mayor Pro Tern Ruth Low, Mayor Nancy Lyons Staff in Attendance: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; Anthony Santos, Assistant to the City Manager; Greg Gubman, Community Development Director; Mayuko Nakajima, Associate Planner; Hal Ghafari, Public Works Manager/Assistant City Engineer; Kristina Santana, City Clerk Staff present telephonically: Dave DeBerry, City Attorney; Ryan Wright, Parks and Recreation Director; David Liu, Public Works Director; Fabian AOun, Assistant Engineer; Brent Mason, Interim Director of Finance; Amy Haug, Human Resources and Risk Manager; Ken Desforges, Director of Information Services; Grace Lee, Senior Planner; Cecilia Arellano, Public Information Coordinator; Marsha Roa, Public Information Manager; Dannette Allen, Senior Management Analyst Also in Attendance: Diamond Bar/Walnut Station Captain Stephen Tousey, LA County Sheriff's Department. APPROVAL OF AGENDA: CM/Fox recommended that Item 4.2 be split to consider discussion and action on Landscape Assessment Districts Nos. 38 and 39 separately. 1. CITY MANAGER REPORTS AND RECOMMENDATIONS: None 2. PUBLIC COMMENTS: Therina Lin asked M/Lyons to refrain from including her official title of Mayor to promote the election of an individual running for office in her homeowners association. Jeff Lowe asked for the Council's support in building a playhouse theater in the downtown area of the City. DULY 612021 PAGE 2 CITY COUNCIL Pui-Ching Ho announced upcoming programs and activities at the Diamond Bar Library. CC/Santana announced that Annie Verdries and Jeff Lowe submitted public comments via email and those comments were forwarded to the City Council prior to the meeting. 3. CONSENT CALENDAR: MPT/Low moved, C/Liu seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 3.1 APPROVED CITY COUNCIL MINUTES: 3.1a JUNE 15, 2021 REGULAR MEETING. 3.2 RATIFIED CHECK REGISTER DATED JUNE 3, 2021 THROUGH JUNE 30, 2021 TOTALING $1,465,342.02. 3.3 APPROVED TREASURER'S STATEMENT FOR THE MONTH OF APRIL 2021. 3.4 APPROVED AND AUTHORIZED THE MAYOR TO SIGN, THE CONSULTING SERVICES AGREEMENT WITH DIANA CHO AND ASSOCIATES FOR THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ADMINISTRATION SERVICES THROUGH JUNE 301 2026. 3.5 APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, THE SECOND AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH RAYCOM DATA TECHNOLOGIES, INC. FOR DOCUMENT IMAGING SERVICES THROUGH JUNE 3012022. 3.6 ADOPTED RESOLUTION NO. 2021-32 EXTENDING THE DECLARED LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID- 19). 3.7 APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, THE THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH SIMPSON ADVERTISING INC. FOR SPECIALTY GRAPHIC DESIGN SERVICES THROUGH JUNE 30, 2022. 3.8 APPROVED, AND AUTHORIZED, THE MAYOR TO SIGN, THE SECOND AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH BEST LIGHTING PRODUCTS, INC. FOR LIGHTING INSPECTIONS AND MAINTENANCE THROUGH JUNE 30, 2022. JULY 612021 PAGE 3 CITY COUNCIL 4. PUBLIC HEARINGS: 4A FORMATION OF NEW LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021. C/Liu who lives in the district, recused himself from Item 4.1 and left the meeting. PWM/Ghafari presented the staff report. M/Lyons opened the Public Hearing. Alex Stewart thanked Council and staff for their support as well as, board members of the four HOA's who offered their time and effort to educate and find support from homeowners for the proposition. M/Lyons called for all ballots to be submitted. After some Council discussion, and a last call for ballots, MPT/Low made a motion, seconded by C/Chou to close the Public Hearing. Motion carried 4-0 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Tye, MPT/Low, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Liu M/Lyons declared the Public Hearing closed at 7:01 p.m. and on behalf of the City Council, directed CC/Santana to begin tabulation of the ballots. C/Liu returned to the dais at 7:02 p.m. M/Lyons moved forward with the meeting agenda as presented. Upon conclusion of ballot tabulation, M/Lyons reopened the Public Hearing for Item 4.1 at 9:11 p.m. C/Liu again recused himself and left the meeting. CC/Santana recounted the results of the ballot proceedings as follows: Section 2 of Resolution 2021-33 reads: The canvas of the assessment ballots submitted by the property owners is complete and certified by the tabulator and the votes are cast as follows: Total Number of Ballot Processed: 318 Total Assessment of Amount of Valid Ballots: $165,423.96 Total Number of "YES" votes processed: 279 JULY 6, 2021 PAGE 4 CITY COUNCIL Total Assessment Amount of "YES" votes processed: $144,835426 Percentage of "YES" votes unweighted: 86.65% Total Percentage of "YES" ballots weighted: 87.55% Total Number of "NO" votes processed: 39 Total Assessment of amount of "NO" votes processed: $20,588070 Percentage of "NO" votes unweighted: 12.11 % Total Percentage of "NO" ballots weighted: 12.45% Total Number of Invalid Votes Processed: 4 Total Assessment Amount of Invalid Votes Processed: $27016086 Section 3: 322 Assessment Ballots were returned and received prior to the close of the Public Hearing on July 6, 2021. This represents a 58.9% ballot return rate of the 547 ballots mailed. Of the Assessment Ballots returned, 4 Assessment Ballots were declared invalid in that they were either not marked with a "YES" or a "NO", were marked with both a "YES" and a "NO", were not signed, or the property ownership and barcode information was illegible. Section 4: As determined by ballots cast, as weighted according to the amount of Assessment for each parcel, 87.55 percent of the property owners cast ballots in support of Landscape Assessment District No. 41- 2021. Since the majority protest as defined by Article 13d of the California Constitution did not exist, this City Council thereby acquired jurisdiction to order the levy of assessment prepared by hand as part of the Engineer's Report, to pay the costs and expenses thereof. Following disclosure of ballot results, C/Tye moved, C/Chou seconded, to Adopt Resolution 2021-33 (FORMATION) approving the Engineer's Report, confirming Diagram and Assessment, and Ordering Levy of the Landscape District No. 41-2021 Assessment for Fiscal Year 2021-22; and, Certifying the election results as indicated by CC/Santana. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Tye, MPT/Low, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Liu C/Chou moved, MPT/Low seconded, to adopt Resolution No. 2021-34 amending Fiscal Year 2021-22 Operating Budget to include the Landscape Assessment District No. 41-2021 Budget (Fund 641) for Fiscal Year 2021-22 as provided in the Engineer's Report. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS Chou, Tye, MPT/Low, M/Lyons JULY 612021 PAGE 5 CITY COUNCIL 4.2 RESOLUTIONS LEVYING ASSESSMENTS ON LANDSCAPE ASSESSMENT DISTRICT NOS. 38 AND 39 FOR FISCAL YEAR 2021- 22. 4.2a RESOLUTION LEVYING ASSESSMENT ON LANDSCAPE ASSESSMENT DISTRICT NO. 38 FOR FISCAL YEAR 2021-22. PWM/Ghafari presented the staff report. M/Lyons opened the Public Hearing. There being no one present in person or telephonically who wished to speak on this item, M/Lyons closed the Public Hearing. C/Chou moved, MPT/Low seconded, to Adopt Resolution No. 2021-35 (LLAD No. 38) to levy and collect assessments for Landscape Assessment District No. 38 for Fiscal Year 2021-22. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Chou, Liu, Tye, MPT/Low, Lyons None None 4.2b RESOLUTION LEVYING ASSESSMENTS ON LANDSCAPE ASSESSMENT DISTRICT NO. 39 FOR FISCAL YEAR 2021-22. MPT/Low and C/Chou recused themselves from item 4.2b and left the meeting. PWM/Ghafari presented the staff report. M/Lyons opened the Public Hearing. With no one present in person or telephonically who wished to speak on this item, M/Lyons closed the Public Hearing. C/Liu moved, C/Tye seconded, to Adopt Resolution No. 2021-36 (LLAD No. 39) to levy and collect assessments for Landscape Assessment District No. 39 for Fiscal Year 2021-22. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Liu, Tye, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chou, MPT/Low MPT/Low and C/Chou returned to the dais. JULY 6, 2021 PAGE 6 CITY COUNCIL 4.3 INTRODUCTION OF ORDINANCE NO. 01(2021) AMENDING SECTIONS 22,08,040 (RESIDENTIAL ZONING DISTRICT GENERAL DEVELOPMENT STANDARDS), 220420110 (RESIDENTIAL ACCESSORY USES AND STRUCTURES), AND 22.42.120 (ACCESSORY DWELLING UNITS) OF TITLE 22 OF THE DIAMOND BAR MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN ACCORDANCE WITH STATE LAW. AP/Nakajima presented the staff report. M/Lyons opened the Public Hearing. With no one present in person or telephonically who wished to speak on this matter, M/Lyons closed the Public Hearing. C/Chou asked the difference between and ADU and Junior ADU. AP/Nakajima responded that a Junior ADU is created by converting an existing space (a bedroom or garage) and can share access to the main house and restroom facilities. An ADU is completely separate from and with no direct access to the main dwelling unit. AP/Nakajima and CDD/Gubman explained to Council that a total of three units (ADU, Junior ADU and main dwelling) would be allowed on property that is owner occupied. If an ADU and main dwelling only is proposed there is no owner occupancy requirement. If the property owner moves out where there is an ADU and Junior ADU, approval for the Junior ADU is revoked. A covenant would be recorded on the property at the time the permit is issued for an ADU and/or Junior ADU and because there is no enforcement staff, the City would depend on receiving a complaint and collection of evidence for enforcement of the covenant, which would pass to a new owner. C/Tye spoke in opposition to the ordinance and the loss of local control as a result of state legislation and asked that tonight's record reflect the Planning Commission's lack of unanimous approval (4-1). CM/Fox and CA/DeBerry spoke to the issue of enforced legislation that will affect local control on the production of housing. M/Lyons asked how many ADU's are in Diamond Bar and AP/Nakajima responded that since 2017 there have been 50 applications, most of which were approved and completed. C/Chou moved, C/Liu seconded, to Introduce first reading by title only, waive full reading of Ordinance 01(2021) and schedule for second reading and adoption at the July 20, 2021 City Council meeting. Motion carried by the following Roll Call vote: JULY 61 2021 PAGE 7 CITY COUNCIL AYES: COUNCIL MEMBERS: Chou, Liu, MPT/Low, M/Lyons NOES: COUNCIL MEMBERS: Tye ABSENT: COUNCIL MEMBERS: None 5 ADJOURN: M/Lyons adjourned the City Council meeting to the Public Financing Authority at 8:02 p.m. RECONVENE: M/Lyons reconvened the City Council meeting at 8:06 p.m. 6. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chou wished everyone a happy belated July 4t", congratulated Mochinut Donut Shop and Kamis Sushi on their grand openings, and invited everyone to attend the first 2021 Concerts in the Park event on Wednesday evening. C/Liu thanked staff for the ADU presentation, thanked the community for keeping the July 4t" celebration safe, congratulated Diamond Bar Girls Softball for making it to the state tournament, coaches for practicing positive coaching, and Parks and Rec for working with the softball leagues. Enjoy a safe summer with family and friends. C/Tye congratulated the Diamond Bar Girls Softball and their representation of Diamond Bar at the state tournament, and congratulated Christian and Jeannette Fuentes on their new location of ReMax top producers and thanked them for choosing Diamond Bar. MPT/Low thanked the City's partners and Congresswoman Young Kim for their part in securing an infrastructure grant award of $30 million for the SR57/60 Confluence Project and was excited to welcome back the Concerts in the Park series and Movies under the Stars on July 28t" and August 24t". She thanked the Parks and Rec department and congratulated Diamond Bar Girls Softball, and announced that the Diamond Bar Friends of the Library would hold their giant book and purse sale on July 11th. M/Lyons encourage everyone to help the Diamond Bar Library by purchasing books and purses at the Friends of the Library sale, complimented PWM/Ghafari on his presentations, and wished the ReMax Top Producers success at their new location. She learned that the City of Laverne was able to get several beds in the Pomona Homeless Shelter and asked CM/Fox to look into getting a couple of beds dedicated for Diamond Bar homeless. As newly elected chair of the Construction Committee she will be afforded more visibility for the SR57/60 chokepoint and thanked Congresswoman Young Kim for submitting the $30 million request for the infrastructure grant. Enjoy Concerts in the Park and go, girls' softball! RECESS: M/Lyons recessed the City Council meeting at 8:14 p.m. JULY 61 2021 PAGE 8 CITY COUNCIL RECONVENE: M/Lyons reconvened the meeting at 9:11 p.m. to Item 4.1 Continued Public Hearing, ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the Regular City Council Meeting at 9:17 p.m. Respectfully submitted: Kristina Santana, City Clerk The foregoing minutes are hereby approved this 20th day of July, 2021.