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HomeMy WebLinkAbout2021.09.21 - 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 SEPTEMBER 21, 2021 CALL TO ORDER: Mayor Lyons called the Regular City Council meeting to order at 6:32 p.m. 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 very limited due to distancing requirements on a first -come, first -serve basis. PLEDGE OF ALLEGIANCE: Matthew from Boy Scout Troop 777 led the Pledge of Allegiance. ROLL CALL: Council Members Andrew Chou, Stan Liu, Steve Tye, Mayor Nancy Lyons Absent: Mayor Pro Tem Ruth Low was excused. Staff in Attendance: Dan Fox, City Manager; Anthony Santos, Assistant to the City Manager; Hal Ghafari, Public Works Manager/Assistant City Engineer; Stella Marquez, Administrative Coordinator; Joan Cruz, Administrative Assistant Staff present telephonically: David DeBerry, City Attorney; David Liu, Public Works Director; Jessica Cortez, Director of Finance; May Nakajima, Associate Planner; Amy Haug, Human Resources and Risk Manager; Ken Desforges, Director of Information Services; Cecilia Arellano, Public Information Coordinator; Marsha Roa, Public Information Manager; Ryan Wright, Director of Recreation; Kristina Santana, City Clerk Also in Attendance: Tousey, LA County Sheriff's APPROVAL OF AGENDA: Diamond Bar/Walnut Station Department. As presented. 1. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2. PUBLIC COMMENTS: In Person: Allen Wilson encouraged decorum among Council Members. Captain Stephen None. Greg Fritchle sought information on Council meeting and recordation protocol. Mindy Farabee was concerned about Council Members adherence to meeting rules during the pandemic and asked for response to her emails. SEPTEMBER 21, 2021 PAGE 2 CITY COUNCIL Jim Gallagher, Chino Hills, suggested the City institute a stronger ordinance to address obscene language on street vendors. CC/Santana announced that emails were submitted for public comment from Danielle Rivas, Barbara and Samuel Armstrong and Sanobar Baig, all of which were forwarded to the City Council and have been made available to the Public at the station in front of the Council Meeting entrance. There was no one wishing to speak telephonically. CM/Fox ap©logized to Ms. Farabee for missing one of her emails and said he would contact her to answer any additional questions. CM/Fox explained to Mr. Fritchle that emails are acknowledged in the minutes as being received and stored within the meeting agenda archive system. 3. C®f�1SEf�1T CALENDAR: C/Chou moved, C/Tye seconded, to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Liu, Tye, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Low 3.1 APPROVED CITY COUNCIL MINUTES: 3.1a REGULAR MEETING OF AUGUST 17, 2021. 3.2 RATIFIED CHECK REGISTER DATED AUGUST 12, 2021 THROUGH SEPTEMBER 14, 2021 TOTALING $2,063,895.92. 3.3 APPROVED TREASURER'S STATEMENT FOR THE MONTH OF MAY 2021. 3.4 APPROVED FOR SECOND READING BY TITLE ONLY, WAIVED FULL READING AND ADOPTED ORDINANCE NO. 02-2021 (SMALL WIRELESS FACILITY ORDINANCE) — AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO ADD NEW SECTION 22,42.135 (SMALL WIRELESS FACILITIES), AND TO AMEND SECTION 22.42.130 (RADIO AND TELEVISION ANTENNAS AND WIRELESS TELECOMMUNICATIONS ANTENNA FACILITIES); SECTION 22.44.020 (AUTHORITY FOR LAND USE AND ZONING DECISIONS), AND SECTION 22.74.040 (FILING AND PROCESSING OF APPEALS), TO ENACT REGULATIONS GOVERNING THE DEPLOYMENT, AUGMENTATION, AND RELOCATION OF SMALL WIRELESS FACILITIES IN THE CITY IN ACCORDANCE WITH STATE AND FEDERAL LAW. SEPTEMBER 21, 2021 PAGE 3 CITY COUNCIL 3.5 ADOPTED RESOLUTION NO. 202141 ESTABLISHING A FINANCE SUPERVISOR CLASSIFICATION AND COMPENSATION PLAN RELATED TO THE FINANCE DEPARTMENT AND PARTTIME NOW BENEFITTED EMPLOYMENT POSITIONS. 4. PUBLIC HEARINGS: 4.1 AMENDMENTS TO THE SCHEDULE OF RATES, FEES, AND CHARGES FOR PLANNING FEES RELATED TO SMALL WIRELESS FACILITIES. AtoCM/Santos presented the staff report. M/Lyons opened the Public Hearing. With no one wishing to speak on this item, M/Lyons closed the Public Hearing. AtoCM/Santos responded to C/Chou that he was correct that fees are federally regulated. M/Lyons said her understanding is that the City is using the Safe Harbor fees because the exact costs are unknown at this time and AtoCM/Santos responded that M/Lyons was correct that this is the best recommendation based on what staff has determined to be the time to process the permit applications, and that fees could be adjusted following the monitoring period. Upon request by C/Liu, AtoCM/Santos explained the fee monitoring program. C/Chou moved, C/Liu seconded, to adopt Resolution No. 2021-42 amending the schedule of rates, fees, and charges for Planning Fees related to Small Wireless Facilities. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Liu, Tye, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Low 5. COUNCIL CONSIDERATION: 5.1 PROCESS TO DISSOLVE EXISTING LANDSCAPE ASSESSMENT DISTRICT NO. 39 AND CONDUCT PROPOSITION 2218 BALLOT PROCESS TO ESTABLISH A NEW LANDSCAPE ASSESSMENT DISTRICT NO, 39-2022. C/Chou who lives within District No. 39, recused himself and left the SEPTEMBER 21, 2021 meeting. PAGE 4 PWM/Ghafari provided the staff presentation. M/Lyons opened public comments. Telephonically: CITY COUNCIL Mimi Chan thanked staff for their assistance in this matter and said she remained committed to assisting with public education toward approval of increasing the fees. M/Lyons closed public comments. C/Liu asked that each item be voted on separately. M/Lyons commented that she would prefer not to have to spend money on the Consulting Services Agreement for public outreach but believes it offers the best opportunity for success. C/Tye moved, C/Liu seconded, to direct staff to take the necessary steps to dissolve Landscape Assessment District No. 39. 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 C/Liu moved, C/Tye seconded, to direct staff to initiate the Proposition 218 ballot process for the formation of the proposed Landscape Assessment District No. 39-2022. 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 M/Lyons moved, C/Liu seconded, to approve and authorize the Mayor to sign the second amendment to the Consulting Services Agreement with SCI Consulting Group, to provide special assessment engineering and balloting services in the not4o-exceed amount of $15,100. 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 C/Tye moved, M/Lyons seconded, to approve and authorize the Mayor to sign, the Consulting Services Agreement with NBS Government Finance SEPTEMBER 21, 2021 PAGE 5 CITY COUNCIL Group to provide public outreach/engagement services in the not -to - exceed amount of $48,000, Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Tye, M/Lyons NOES: COUNCIL MEMBERS: Liu ABSENT: COUNCIL MEMBERS: Chou, MPT/Low M/Lyons moved, C/Tye seconded, to appropriate $63,100 from available General Fund balance to the District 39 Operating Budget for professional services related to the Proposition 218 process and public outreach/engagement services. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Tye, M/Lyons NOES: COUNCIL MEMBERS: Liu ABSENT: COUNCIL MEMBERS: Chou, MPT/Low C/Chou returned to the dais. 7. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Liu wished MPT/Low a happy belated birthday and wished everyone a Happy Hispanic Heritage month. Today is Chinese Mid Autumn Festival Day and he wished everyone a great moon festival celebrating families and the community coming together. He appreciated C/Tye's message that the community come together to defeat the obscene signage and M/Lyons for promoting the City to take action. C/Chou also recognized National Hispanic Heritage month. October 2nd he will host the second Pfizer vaccine clinic at the United Church of Christ from 9 a.m. to 12 p.m. Those wishing to visit the clinic are invited to contact C/Chou for pre- registration information. He has been on the Council for three years and enjoys the work and working with his colleagues and he believes it is time to put away differences and do the work for the City and its residents. It's always the right time to do the right thing, and he is proud of the decisions made by this body. And tomorrow, he will proudly represent Diamond Bar in Sacramento. C/Tye was with the Contract Cities Association for the Fall Seminar last weekend. With the end of summer he looks forward to all the fall has to bring. M/Lyons announced that once again, due to the Council 's continued judiciousness, the State Auditor has named the City of Diamond Bar as a low -risk City (green risk for the state of its financials) which includes having sufficient cash -on -hand to cover unexpected expenses during the pandemic and the ratio of long-term debt to income. During last week's Library Commission meeting, she asked if the Diamond Bar Library could be open on weekends to better serve the public and the LA County Librarian said they would consider the matter. SEPTEMBER 21, 2021 PAGE 6 CITY COUNCIL Diamond Bar continues its campaign for Caltrans to clean up the on and off ramps as well as, Metro to clean up the Park and Rides which has been somewhat successful. Last Thursday, Governor Newsom signed into law SIB 9, which permits infill development of duplex and four-plex houses in neighborhoods currently zoned for single family homes by allowing owners of single family lots to split parcel into two parcels and build up to four units. The City joined with 26 other cities in an unsuccessful move to reject SIB 9 as it moved through the state senate, state assembly and on to the governor, and a group is currently looking to put an initiative on the November 2022 ballot to rescind SIB 9. ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the Regular City Council Meeting at 7:30 p.m. Respectfully submitted: Kristina Santana, City Clerk The foregoing minutes are hereby approved this 5t" day of October, 2021.