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HomeMy WebLinkAbout2021.11.02 - 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 NOVEMBER 2, 20216 CALL TO ORDER: Mayor Lyons called the Regular City Council meeting to order at 6:30 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: Mayor Lyons 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; David DeBerry, City Attorney; Ryan McLean, Assistant City Manager; David Liu, Public Works Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Christian Malpica, Associate Engineer; Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Jason Jacobsen, Finance Director; Joan Cruz, Administrative Assistant; Kristina Santana, City Clerk Staff present telephonically: Alfredo Estevez, Information Systems Analyst; Anthony Santos, Assistant to the City Manager; Amy Haug, Human Resources and Risk Manager; Ryan Wright, Parks and Recreation Director; Cecilia Arellano, Public Information Coordinator; Marsha Roa, Public Information Manager; Ryan Wright, Parks and Recreation Director; Ronnie Ramirez, Senior Neighborhood Improvement Officer; Justin Jones, Senior Neighborhood Improvement Officer; Raymond Tao, Building Official; Nicholas Delgado, Engineering Technician Also in Attendance: Diamond Bar/Walnut Station Captain Stephen Tousey, LA County Sheriff's Department and the City's Housing Element Consultant, John Douglas. APPROVAL OF AGENDA: As presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS. 1.1 2021 Property Assessment Update presented telephonically and virtually by Los Angeles County Assessor Jeff Prang. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Fox introduced Jason Jacobsen, the City's new Finance Director. NOVEMBER 2, 2021 PAGE 2 CITY COUNCIL 3 C� PUBLIC COMMENTS: In Person: Pui-Ching Ho spoke about November events at the Diamond Bar Library, Realtor Larry Black asked Council to continue Agenda Item 6.1 (CITYWIDE BUS SHELTER REPLACEMENT PROGRAM) from its meeting of October 19t" to the next Regular City Council Meeting on November 16t" for reconsideration of its approval of non -advertising bus shelters. Realtor John Yacoub asked Council to continue Agenda Item 6.1 (CITYWIDE BUS SHELTER REPLACEMENT PROGRAM) from its meeting of October 19t" to the next Regular City Council Meeting on November 16t" for reconsideration of its approval of non -advertising bus shelters. Realtor Gil Rivera asked Council to continue Agenda Item 6.1 (CITYWIDE BUS SHELTER REPLACEMENT PROGRAM) from its meeting of October 19t" to the next Regular City Council Meeting on November 16t" for reconsideration of its approval of non -advertising bus shelters. Realtor Ty Wallace asked Council to continue Agenda Item 6.1 (CITYWIDE BUS SHELTER REPLACEMENT PROGRAM) from its meeting of October 19t" to the next Regular City Council Meeting on November 16t" for reconsideration of its approval of non -advertising bus shelters. CC/Santana reported the City received one email from Larry Black which was forwarded to City Council Members earlier in the day. There was no one who wished to speak telephonically. RESPONSE TO PUBLIC COMMENTS: Council Members concurred to place the matter of reconsideration of the Bus Shelter Replacement Program on the November 16t" City Council agenda with APT/Low requesting additional information from staff regarding costs and potential income to the City. SCHEDULE OF FUTURE EVENT: CM/Fox presented the Calendar of Future Events. 5. CONSENT CALENDAR: C/Chou moved, MPT/Low seconded, to approve the Consent Calendar as presented with C/Chou and MPT/Low abstaining due to recusal from Item 5.6. 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 NOVEMBER 2, 2021 PAGE 3 CITY COUNCIL 5A APPROVED CITY COUNCIL MINUTES: 5.1a REGULAR MEETING OF OCTOBER 19, 2021. 5.2 RATIFIED CHECK REGISTER DATED OCTOBER 13, 2021 THROUGH OCTOBER 26, 2021 TOTALING $1,768,480.22. 5.3 APPROVED TREASURER'S STATEMENT FOR THE MONTH OF JULY 2021. 5.4 ADOPTED RESOLUTION NO. 2021-48, PROVIDING FOR CONTINUED USE OF TELECONFERENCING AND OTHER FORMATS, AS DEFINED, AND IN COMPLIANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY COUNCIL, CITY COMMISSIONS AND SUBCOMMISSION& 5.5 APPROVED FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH MV CHENG & ASSOCIATES, INC. FOR TEMPORARY ACCOUNTING STAFF SERVICES. 5.6 INTENT TO DISSOLVE LANDSCAPE ASSESSMENT DISTRICT NO. 39 AND INITIATION OF FORMATION OF NEW LANDSCAPE ASSESSMENT DISTRICT NO. 39-2022. A. ADOPTED RESOLUTION NO. 2021-49 DECLARING THE CITY'S INTENTION TO DISSOLVE LANDSCAPE ASSESSMENT DISTRICT NO. 39 AND DIRECT STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE THE CITY COUNCIL AT THE JANUARY 18, 2022 REGULAR MEEETING; AND, B. ADOPTED RESOLUTION NO. 2021-50 INITIATING PROCEEDINGS FOR THE FORMATION OF A LANDSCAPE ASSESSMENT DISTRICT (NO. 39-2022) PURSUANT TO PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND DESIGNATING SCI CONSULTING GROUP AS THE ENGINEER OF RECORD. 5.7 APPROVED AND AUTHORIZED THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COMPLETION FOR THE DIAMOND BAR BOULEVARD STREET REHABILITATION FROM PATHFINDER ROAD TO MOUNTAIN LAUREL WAY PROJECT NO, S120101. 6. PUBLIC HEARINGS: 6.1 ADOPTION OF THE 2021-2029 HOUSING ELEMENT UPDATE. CCD/Gubman introduced Housing Element Consultant John Douglas who NOVEMBER 2, 2021 PAGE 4 CITY COUNCIL presented the staff report. Telephonically: Robin Smith asked if the formerly scheduled affordable housing located on Tres Hermanos would remain on the property or be removed and relocated. Paul Deibel expressed support for the Housing Element that establishes commitment to modify the City's Development Code and Standards in the next two years as the initial phase of implementation of the plan to provide for greater densities and incentives for more affordable housing in the community in general and focus areas in particular, which would benefit local businesses and economic activities. The Housing Element and programs would be enhanced by the strategic use of a well thought out inclusionary housing program as a component and tool, particular in the Town Center focus area. Dave Reynolds asked for clarification of what the upgrading of existing housing encompasses. Mr. Douglas responded to speakers: The Housing Element has an inventory of properties that are anticipated to be available for development in the next eight (8) years and the Tres Hermanos property is not listed in that inventory. The inventory of parcels in the Housing Element includes maps in the appendix showing the three focus areas where future development is anticipated. State law says that these maps can be on a citywide scale and as such, the Element does not contain a "zoomed in" body of maps. Inclusionary housing refers to a requirement that affordable housing be built as part of a development project and inclusionary is a policy decision for the City Council that can be made at any time that is not included as a policy in the current Housing Element. C/Chou asked if the passage of SB9 would effectively double the City's housing stock and Mr. Douglas responded that planners and attorneys are in the process of figuring out the details of SB9 which does not specifically address Accessory Dwelling Units (ADU's). SIB 9 does not take effect until the beginning of 2022 and the state has not provided guidance to cities about how SB9 should be considered as part of the Housing Element. MPT/Low asked if the Housing Element is a baseline document built on eight years going forward and Mr. Douglas responded that the Housing Element is one of the few components of the City's General Plan for which the state establishes a relatively short time span of8 years MPT/Low asked if a property could be rezoned at a later date from commercial to specific plan, for example, and Mr. Douglas responded that the General Plan and Zoning can be changed from time to time at the will NOVEMBER 2, 2021 PAGE 5 CITY COUNCIL of the City Council. The Housing Element commits to the process that was set in motion two years ago with the General Plan Update and details are specified through the Zoning Ordinance or through Specific Plans, The Housing Element is a planning document and not a blueprint for development. C/Tye asked Mr. Douglas to address Mr. Reynold's question about what the update of current housing means and how it would affect private property. Mr. Douglas explained that State Housing law requires cities to use their municipal powers in order to maintain and improve the existing housing supply and many cities receive grant funds from the Federal Government or other sources to assist low income folks or people with disabilities financially in making repairs to their property which in no way forces property owners to do anything on their property but provides resources to folks who might not otherwise be in a position to make repairs and upgrades to their properties, such as the Diamond Bar Home Improvement Program. C/Chou moved, C/Tye seconded, to Adopt Resolution No. 2021-51 adopting the 2021-2029 Housing Element Update 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 7. COUNCIL CONSIDERATION: 7.1 SETTING OF HEARING DATE TO CONSIDER APPEALS OF BUILDING OFFICIAL'S NOTICE AND ORDER TO VACATE THE VILLAGE AT DIAMOND BAR CONDOMINIUM COMPLEX, AND APPOINTMENT OF HEARING EXAMINER TO CONDUCT HEARING(S). CCD/Gubman presented the staff report. M/Lyons admonished speakers that the Council has been advised by the City Attorney that it may receive testimony on the two items under consideration only and not on the merits of any appeal which require the filing of a Public Hearing. M/Lyons asked for Public Comments on the agenda item only. Rosemarie Rey, Unit 17K said that their appeal was filed on October 4t" and requested the proposed hearing date be moved back accordingly because the Association will be uninsured on November 6t" and mortgage lenders will declare all loans in default due to lack of fire protection. Qi Shackelford offered no comments regarding the items under NOVEMBER 2, 2021 PAGE 6 CITY COUNCIL consideration. CC/Santana acknowledged emails from the following individuals, copies of which were forwarded to City Council Members on this date: Amna Khan, Lincoln Watase, Lishin Wu, Nora C, Rosemarie F Zhang, Christopher Chan, John Conner, Melody Tiao, Pur Brenda Tam, Stephanie Silliman, Vinod Kashup, Giovanni Chiang, John Spiridulias Jr. & Elizabeth M. Ynoquio, Paul Julia Alarcon, Roger and Julia Li, Jieyi Li, David Christensen Kempkes Christensen, Speaking Telephonically: ;ey, Vincent ale Ng and Velis, Judy Parmentier, and Sheryl Amna Khan asked the City to consider moving the appeal to an earlier date. Paul Parmentier said November 6tn is a drop -dead date for property owners because they will lose their insurance on that day. Lishin Wu requested an earlier date for the Public Hearing. Judy Chang, attorney and co-owner of Unit K5, said she is not available on November 1811, and requested that each of the 65 appeals be heard separately. Nora C. purchased her unit this year and it is not feasible for her to take an entire day from her job. Melanie Tao, Unit K10, requested the Public Hearing date be moved to a date prior to the date of the insurance cancellation, November 6tn Evelyn Ramos requested the Public Hearing date be moved to November 5cn Stephanie Silliman, Unit K27, asked that the Public Hearing be moved to a date prior to November 6tn and asked if there was another location where she could be heard. M/Lyons closed Public Comments. CA/DeBerry responded to speakers that with respect to the Public Hearing date, under the Uniform Housing Code it is a 60-day appeal process and no decision will be rendered the day of the hearing and a decision could take a week or more. The logistics of holding 65 separate appeals would likely be untenable and deferred to Mr. Van Doren, if and when appropriate, to speak to how he has handled similar situations. NOVEMBER 2, 2021 PAGE 7 CITY COUNCIL MPT/Low asked if property owners are able to obtain updates on this issue and CDD/Gubman stated that he has all of the appellants' names and email addresses with the exception of one email address for individual notification. M/Lyons moved, MPT/Low seconded, to set Thursday, November 18, 2021 at 9:00 a.m. in the Windmill Community Room as the date, time and location to hear appeals of the Building Official's Notice and Order to Vacate The Village at Diamond Bar condominium complex and, Appoint John C. Van Doren to serve as the hearing examiner for the matter, and authorize the City Manager to execute an Agreement for Hearing Officer Services with Mr. Van Doren. 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 8. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chou thanked staff for their presentations and Diamond Bar resident Billie Furman who coordinated the generous donation of several hundred bags of hygiene products for seniors and families in need, made possible by the Felix Y. Manalo (FYM) Foundation, the charitable arm of the Iglesia N. Cristo (INC). C/Liu said his heart goes out to the residents of the Diamond Bar Village and hopes the matter will soon be resolved. He thanked staff for the presentations, the community residents who provided a fun and safe Halloween, and announced the Diamond Bar Community Foundation fundraiser, virtual run and beer fest would be held on November 14t" C/Tye hoped everyone would join together at the Diamond Bar Center on November 10t" from 9 to 11 a.m. to celebrate and thank Veterans. MPT/Low invited everyone to attend the Veterans Day Celebration, welcomed new Finance Director Jason Jacobsen, and asked everyone to focus on what they are thankful for during this holiday season. M/Lyons thanked PIM/Roa and her staff for a great State of the City event, reported on her attendance at the Diwali event with MPT/Low and the presentation of a proclamation to the American Hindu Federation for Hindu Heritage Month. She wished everyone a happy Veterans Day, asked residents to join in celebrating those who have served their country and showed photos of efforts of the Diamond Bar crew to beautify the post office landscape. ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the NOVEMBER 2, 2021 PAGE 8 CITY COUNCIL Regular City Council Meeting at 8:27 p.m. in memory of Duarte Mayor Bryan Urias. Respectfully submitted: Kristina Santana, City Clerk The foregoing minutes are hereby approved this 16t" day of November, 2021.