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HomeMy WebLinkAbout2021.08.17 - 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 AUGUST 17, 2021 CLOSED SESSION: Public Comments: 5:30 p.m., Windmill Room None Offered Government Code Section 54957 Public Employee — City Manager Performance Evaluation Closed Session adjourned at 6:22 p.m. CALL TO ORDER: Mayor Lyons called the Regular City Council meeting to order at 6:32 p.m. M/Lyons stated that the Council met in Closed Session at 5:30 p.m. and there was no reportable action taken. 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. PLEDGE OF ALLEGIANCE: Councilmember Tye led the Pledge of Allegiance. ROLL CALL: Council Members Andrew Chou, Stan Liu, Steve Tye, Mayor Pro Tem Ruth Low, Mayor Nancy Lyons Staff in Attendance: Dan Fox, City Manager; Greg Gubman, Community Development Director; Joy Tsai, Associate Planner; Joan Cruz, Administrative Assistant; Kristina Santana, City Clerk Staff present telephonically: Ryan McLean, Assistant City Manager; Anthony Santos, Assistant to the City Manager; David DeBerry, City Attorney; David Liu, Public Works Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Jessica Cortez, Director of Finance; Grace Lee, Senior Planner; May Nakajima, Associate Planner; Amy Haug, Human Resources and Risk Manager; Ken Desforges, Director of Information Services; Cecilia Arellano, Public Information Coordinator; Ryan Wright, Director of Recreation; Marsha Roa, Public Information Manager Also in Attendance: Diamond Bar/Walnut Station Captain Stephen Tousey, LA County Sheriff's Department. APPROVAL OF AGENDA: As presented. AUGUST 17, 2021 PAGE 2 CITY COUNCIL 1. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Fox explained public participation and public comments practices in accordance with the Brown Act during the pandemic. CM/Fox introduced Jeff Klein, Manager, Civic Engagement Community Relations and Legislation, LA County Registrar of Voters office, who updated the Council on the voting process for the upcoming gubernatorial recall election being held on September 14th, 2021 and responded to Council questions. 2. PUBLIC COMMENTS: CC/Santana announced that there were no public comment emails submitted for tonight's meeting. In Person: C. Robin Smith thanked CM/Fox for his comments on meeting minutes and public comments and asked where written public comments of past meetings can be found. Mindy Farabee asked for easier access to public information. Pui-Ching Ho announced changes to the library hours and fees. Telephonically: Chandrika Doshi spoke about her son's car being vandalized. Douglas Barcon thanked CM/Fox for providing information on public comments during Council Meetings and recommended Council adoption of a rules) regarding public comment emails submitted on specific agenda items. M/Lyons closed Public Comments. CM/Fox responded to public comments regarding public participation during Council meetings. M/Lyons recounted that she spoke with and emailed Mrs. Doshi and spoke with Captain Tousey regarding her son's incident. CA/Berry noted that the City Council adopted Comments which can be found in the City Council's a policy regarding Public 3. CONSENT CALENDAR: C/Chou moved, MPT/Low seconded, to approve the Consent Calendar with the exception of Item 3.1 pulled by C/Chou. Motion AUGUST 17, 2021 PAGE 3 CITY COUNCIL 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 3.2 RATIFIED CHECK REGISTER DATED JULY 29, 2021 THROUGH AUGUST 11, 2021 TOTALING $459,642.15. 3.3 ADOPTED RESOLUTION NO. 2021-38 EXTENDING THE DECLARED LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID- 19). 3.4 APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, THE CONSULTING SERVICES AGREEMENT WITH FRJ & ASSOCIATES FOR HOME IMPROVEMENT PROGRAM ADMINISTRATION SERVICES THROUGH JUNE 30, 2026. 3.5 REMOVED FROM FURTHER CONSIDERATION, HEALTH OFFICER ORDER OF FACE COVERINGS. 3.6 CANCELED SEPTEMBER 7, 2021 CITY COUNCIL MEETING AND ADJOURNED THE AUGUST 17, 2021 CITY COUNCIL MEETING TO SEPTEMBER 21, 2021. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 3.1 APPROVE CITY COUNCIL MINUTES: 3.1 a AUGUST 3, 2021 REGULAR MEETING. C/Chou asked for clarification regarding appending emails to Council Meeting Minutes and CM/Fox reiterated that emails are appended to the agenda packet following the Council Meeting and are stored in the archiving location on the City website. He stated that the Council's policy calls for "action" minutes, and transcripts and video of the meeting are available on the website as well. C/Chou moved, MPT/Low seconded, to approve Item 3.1. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Chou, Liu, Tye, MPT/Low, AUGUST 17, 2021 PAGE 4 CITY COUNCIL 4. PUBLIC HEARINGS: 4.1 TENTATIVE PARCEL MAP NO. 83371 (PLANNING CASE NO. PL2021- 15) FOR A TWO LOT SUBDIVISION AT 2335 S. DIAMOND BAR BOULEVARD (ASSESSOR'S PARCEL NUMBER 8292-009-004). AP/Tsai presented the staff report. M/Lyons opened the Public Hearing. CC/Santana announced that no public comment emails were received for this item. In person: Janine Stanley asked that development questions posed during the Planning Commission and City Council meeting be addressed and answered. Telephonically: Douglas Barcon withdrew his comment. Paul Deibel spoke in support of parcel map approval. James Ling, Coory Engineering, civil engineers assisting the church with the subdivision request, thanked AP/ I sai for her report and acknowledged that on behalf of the church, his firm read the report and concurs with the conditions of approval as recommended. M/Lyons closed the Public Hearing. CDD/Gubman explained to public speakers that there is no development proposed for this property at this time and that questions regarding a future development will be answered when a development proposal is brought to the City. At this time, the subdivision is being proposed by the applicant so that a separate parcel can be sold off and a future owner can propose development. Regarding a traffic signal and/or other public improvements, the residential project that would eventually be proposed would be subject to a variety of technical analysis and the California Environmental Quality Act (CEQA), and would include traffic analysis and the intersection of Diamond Bar Boulevard and Morning Canyon Road which would be evaluated to determine whether or not the proposed development warrants a traffic signal, restriping or any other types of improvements. When projects are reviewed, property values is not something directly considered when making a recommendation. However, there are development standards (Residential Design Guidelines) that contemplate preserving property values and AUGUST 17, 2021 PAGE 5 CITY COUNCIL neighborhood characteristics. Unlike properties surrounding this site that were developed prior to City incorporation, parking requirements for development in Diamond Bar under the Development Code would have contemporary parking requirements and all parking would have to be facilitated onsite. In addition, this land is currently zoned for residential development and if the church chose to do residential development as a mixed -use project on their campus, that option is currently medium density based on 12 units per acre. C/Chou moved, u seconded to Adopt Resolution No. 2021-39 approving Tentative Parcel Map No. 83371 (Planning Case No. PL2021- 15, based on the Findings of Fact, and subject to the Conditions of Approval contained therein. 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 4.2 APPROVAL OF A COST REPORT AND ESTABLISHMENT OF A SPECIAL ASSESSMENT AND LIEN TO RECOVER NUISANCE ABATEMENT COSTS RELATED TO THE PROPERTY LOCATED AT 2202 PEBBLE LANE (APN: 8765-017-038). CDD/Gubman presented the staff report. CC/Santana stated that no public comment emails were submitted on this item. M/Lyons opened the Public Hearing. With no one wishing to speak on this item, M/Lyons closed the Public Hearing. C/Chou moved, C/Tye seconded to Adopt Resolution 2022140 approving the Cost Report and establishing a special assessment and lien in the amount of $15,462 on the property located at 2202 Pebble Lane (APN: 8765-017-038). 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 4.3 ORDINANCE NO. 02 (2021): AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA AMENDING TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL CODDE TO ADD NEW SECTION 22.42,135 (SMALL WIRELESS FACILITIES), AND TO AMEND AUGUST 17, 2021 PAGE 6 CITY COUNCIL 5. SECTION 22.42.130 (RADIO AND TELEVISION ANTENNAS AND WIRELESS TELECOMMUNICATIONS ANTENNA FACILITIES), SECTION 22,440020 (AUTHORITY FOR LAND USE AND ZONING DECISIONS), SECTION 22,74,030 (APPEALS OF DECISIONS) AND SECTION 22.74.040 (FILING AND PROCESSING OF APPEALS), TO AUGMENTATION AND RELOCATION OF SMALL WIRELESS FACILITIES IN THE CITY, IN ACCORDANCE WITH STATE AND FEDERAL LAW. CDD/Gubman presented the staff report. CC/Santana announced that no public comment emails were submitted on this item. M/Lyons opened the Public Hearing. Telephonically: Paul Deibel reiterated his concerns about public notification of small wireless facilities within a certain radius of the proposed installation. Douglas Barcon commented that with respect to public notification, RF safety is a prime issue for ham radio operators and he trusts engineers who ensure that no one is close enough to these transmitters to be harmed by them. M/Lyons closed the Public Hearing. C/Tye, MPT/Low seconded, to introduce first reading of Ordinance No. 02 (2021) as moed and schedule the second reading and adoption at the next regularly scheduled City Council meeting on September 21, 2021. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS COUNCIL CONSIDERATION: Chou, Liu, Tye, MPT/Low, M/Lyons None None 5.1 CA LEAGUE OF CALIFORNIA CITIES RESOLUTIONS AT THE 2021 ANNUAL CONFERENCE. CM/Fox provided a report on this item and asked for Council discussion and direction to C/Chou as Council's voting delegate to the League. Following discussion, Council concurred to oppose the first amendment unless amended to address disparity between large fulfilment centers AUGUST 17, 2021 PAGE 7 CITY COUNCIL versus the smaller point -of -sales, and to support the second resolution on providing maintenance of rail right-of-way. 7. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chou thanked staff fora great meeting and CM/Fox for the clear explanation about how public comments/emails are handled. C/Liu thanked staff for the detailed presentations, Parks and Rec for bringing back classes for local senior citizens in the City parks, high school students who are sponsoring free tutoring classes, Big Sisters for their mentorship to young girls at no cost, and wished everyone a safe and fun Labor Day weekend. C/Tye recounted that he and M/Lyons met with Caltrans regarding cleanup of the Park and Ride facilities and on/off ramps at the SR60/Diamond Bar Boulevard and Pathfinder Road/SR/57. Residents who observe these kinds of problems are asked to report their findings to the City. MPT/Low thanked staff for a great meeting, especially CDD/Gubman and his team for their contribution, and thanked CM/Fox and the Parks and Rec team for an excellent Concerts in the Park and Movies under the Stars summer series. The City is formulating a "Good Neighbor Award" program for 2021 to recognize individuals in the community who have performed acts of kindness and given of their time and resources to help those in need and nominations for this award are open until March 31 of 2022. Please drive safety as school is in session. M/Lyons said she loves the normality of seeing school buses on the street. Last week she, C/Tye and CM/Fox met with State Senator Newman and his staff to discuss concerns about pending housing legislation which further reduces local control and recommended the senator vote "no" on four pieces of legislation with which he concurred, but was unable to help with funding for Sunset Crossing Park construction and Heritage Park renovations. Later in the day, she and C/Tye met with Caltrans representatives and visited four locations within the City to look at trash problems at Park and Ride and on/off ramp locations. She spoke about the current situation in Afghanistan and acknowledged the fortunes of living in America. ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the Regular City Council Meeting at 8:26 p.m. to September 21, 2021 at 6:30 p.m. Respectfully submitted: Kristina Santana, City Clerk AUGUST 17, 2021 PAGE 8 CITY COUNCIL The foregoing minutes are hereby approved this 21st day of September, 2021.