HomeMy WebLinkAbout2021.11.16 - 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 16, 2021
CLOSED SESSION: 5:32 p.m., Windmill Community Room
Public Comments on Closed Session —None Offered
CONFERENCE WITH LEGAL COUNSEL -
ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
Government Code Section 54956.9(d)
One potential case
Claim by Diamond Bar Village property owners
Closed Session Adjourned at 6:15 p.m.
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: Council Member Tye led the Pledge of Allegiance.
ROLL CALL: Council Members Andrew Chou, Stan Liu, Steve Tye,
Mayor Pro Tem Ruth Low (telephonically), Mayor
Nancy Lyons
Staff in Attendance: Dan Fox, City Manager; David DeBerry, City Attorney;
Ryan McLean, Assistant City Manager; Anthony Santos, Assistant to the City Manager;
Alfa Lopez, Senior Management Analyst; David Liu, Public Works Director; Greg
Gubman, Community Development Director; Mayuko (May) Nakajima, Associate
Planner; Jacob Jacobsen, Finance Director; Joan Cruz, Administrative Assistant;
Kristina Santana, City Clerk
Staff present telephonically: Hal Ghafari, Public Works Manager/Assistant City
Engineer; Alfredo Estevez, Information Systems Analyst; Amy Haug, Human Resources
and Risk Manager; Ryan Wright, Parks and Recreation Director; Cecilia Arellano, Public
Information Coordinator; Marsha Roa, Public Information Manager
NOVEMBER 16, 2021 PAGE 2 CITY COUNCIL
Also in Attendance: Diamond Bar/Walnut Station Captain Stephen
Tousey, LA County Sheriff's Department
M/Lyons stated that there was no reportable action taken during tonight's Closed
Session.
APPROVAL OF AGENDA: As presented.
1.
2.
3.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Restaurant Week Wrap Up presented by SMA/Lopez with Anthony
Duarte, CEO Regional Chamber of Commerce, Restaurant Week sponsor
announcing raffle prize winners.
1.2 Through My Lens Photo Contest Winners Slideshow narrated by M/Lyons.
CITY MANAGER REPORTS AND RECOMMENDATIONS: NONE
PUBLIC COMMENTS:
NONE
4. SCHEDULE OF FUTURE EVENT: CM/Fox presented the Calendar of
Future Events.
5. CONSENT CALENDAR: C/Liu moved, C/Tye seconded, to approve the
Consent Calendar as presented. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
5.1 APPROVED CITY COUNCIL MINUTES:
Liu, Tye, MPT/Low, M/Lyons
5.1a REGULAR MEETING OF NOVEMBER 2, 2021.
5.2 RATIFIED CHECK REGISTER DATED OCTOBER 27, 2021 THROUGH
NOVEMBER 9, 2021 TOTALING $367,500.04.
5.3 ADOPTED RESOLUTION NO. 2021-52, APPROVING THE FILING OF A
STATEWIDE PARK DEVELOPMENT AND COMMUNITY
REVITALIZATION PER CAPITA GRANT APPLICATION FOR PANTERA
PARK, AND AUTHORIZED THE CITY MANAGER, OR DESIGNEE, TO
EXECUTE AND SUBMIT ALL DOCUMENTS NECESSARY TO SUBMIT
AN APPLICATION, ACCEPT, ADMINISTER AND EXPEND THE GRANT
FUNDING,
5.4 APPROVED, AND AUTHORIZED
REIMBURSEMENT AGREEMENT
THE MAYOR TO SIGN THE
NOVEMBER 16, 2021 PAGE 3 CITY COUNCIL
AUTHORITY.
5.5 ADJOURNED THE DECEMBER 21, 2021 CITY COUNCIL MEETING TO
JANUARY 18, 2022.
6. PUBLIC HEARINGS:
6.1 ESTABLISHMENT OF THE BREA CANYON ROAD UNDERGROUND
UTILITY DISTRICT.
PWM/Ghafari provided the staff presentation.
M/Lyons opened the Public Hearing.
With no one wishing to speak and no emails received on this item,
M/Lyons closed the Public Hearing.
PWM/Ghafari responded to C/Liu that two affected property owners and
10 additional property owners were notified by letter and the public was
informed via newspaper publication of this project. In addition, the two
affected property owners will be notified a second time prior to
commencement of the project.
PWM/Ghafari responded to M/Lyons that among other requirements,
project design and easement negotiations with two properties need to take
place prior to commencement of construction in 2023.
C/Tye moved, C/Liu seconded, to Adopt Resolution No. 2021-53
establishing the Brea Canyon Road Underground Utility District. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: (.hou, Liu, Tye, MPT/Low,
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.2 ORDINANCE NO. 03 (2021): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING
SECTIONS 22,08,030 (RESIDENTIAL ZONING DISTRICT LAND USES
AND PERMIT REQUIREMENTS), SECTION 22,30.040 (NUMBER OF
PARKING SPACES REQUIRED), 22,42.040 (CHILD DAYCARE
FACILITIES), SECTION 22,42.140 (GROUP HOMES) AND SECTION
22,80.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES)
OF TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR
MUNICIPAL CODE TO ENACT UPDATED REGULTATIONS
PERTAINING TO FAMILY DAY CARE HOMES IN ACCORDANCE WITH
STATE LAW.
NOVEMBER 16, 2021
PAGE 4
AP/Nakajima provided the staff report.
M/Lyons opened the Public Hearing,
CITY COUNCIL
Paul Delbel, speaking telephonically, expressed strong support for the
amendment to facilitate more affordable licensed family daycare options in
residential zones.
M/Lyons closed the Public Hearing.
MPT/Low asked if the regulation includes the daycare provider's children
in the number of children allowed to which AP/Nakajima responded that it
does. MPT/Low asked who neighbors should reach out to if they witness
something awkward and AP/Nakajima responded the State Department of
Social Services.
C/Chou asked if staff is aware of the number of current residential daycare
providers and AP/Nakajima responded staff is unaware of the number.
C/Liu asked the definition of a daycare center and AP/Nakajima
responded that a small daycare facility is allowed up to eight (8) minor
children and a large daycare, up to 14 minor children that require
supervision, care, and day care.
C/Tye asked if a family daycare home pays the DSS a fee and
AP/Nakajima responded they pay a license fee. The City cannot charge a
fee. C/Tye asked if it was possible to request a list of daycare homes in
Diamond Bar from DSS and AP/Nakajima responded that the information
is available on the DSS website.
AP/Nakajima responded to M/Lyons that while the City cannot regulate the
daycare centers, it would be able to regulate the building permit process if
the applicant applied to convert a portion of the structure for daycare use.
C/Chou moved, C/Liu seconded, to introduce for first reading by title only,
waive full reading of Ordinance No. 03 (2021), open the Public Hearing to
receive public testimony, and schedule the second reading and adoption
at the next regularly scheduled City Council meeting. Motion carried by
the following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS;
Chou, Liu,
M/Lyons
None
None
TyeMPT/Low
a
NOVEMBER 16, 2021 PAGE 5 CITY COUNCIL
7. COUNCIL CONSIDERATION.
7.1 CITYWIDE BUS SHELTER REPLACEMENT PROGRAM.
PWM/Ghafari presented the staff report.
M/Lyons opened Public Comments.
Larry Black expressed his passion for small business by stating his strong
support of shelters with advertising panels, an affordable method and tool
for advertisement.
Josie Taylor said as a small business person, the money she and others
have made from advertising on the shelters has benefited the community
and local organizations, and asked the Council to consider the benefit to
local families that would result from installing shelters with advertising.
John Yacoub, local business owner, joined with other speakers in asking
the Council to seriously consider the advertising bus shelters which helps
small businesses succeed and keep more dollars in Diamond Bar.
Mary Harmon, past president, Tri-Counties Association of Realtors, said
that 50 percent of the 3,000 members work in Diamond Bar and asked the
Council to consider how, with the low inventory of housing, the bus shelter
advertising is imperative for small business.
CC/Santana stated that an email from Larry M. Black was forwarded to the
City Council.
M/Lyons closed Public Comments.
C/Liu wanted to know the shelf -life of the clear coat print and PWD/Liu
responded from two to three years, depending on conditions. The clear
coat option would require more attention and regular maintenance.
M/Lyons asked about staffs recommendation and PWD/Liu stated that
aestheticallyI the print option is more desirable and from a maintenance
perspective, the custom metal pattern, which has existed in Diamond Bar
for almost 30 years, would offer a longer life and ease of maintenance.
C/Chou moved, C/Tye seconded to approve design concept for replacing
existing original bus shelters with shelters with advertising panels. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low,
M/Lyons
NOES: COUNCIL MEMBERS: None
NOVEMBER 16, 2021 PAGE 6 CITY COUNCIL
ABSENT: COUNCIL MEMBERS: None
PWD/Liu assured Council that maintenance costs for the clear -coated
print would be paid for by a contract advertising company or Prop A
funds.
C/Tye moved, C/Chou seconded, to approve the City logo to be added to
the new bus shelters with Clear -coated Print. 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
7.2 ORDINANCE NO. 04 (2021): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR, CALIFORNIA AMENDING AND
RESTATING CHAPTER 8.16 (SOLID WASTE AND RECYCLABLE
MATERIAL COLLECTION) OF TITLE 8 (HEALTH AND SAFETY) OF THE
DIAMOND BAR CITY CODE, IMPLEMENTING SB 1383 ORGANIC
RECYCLING REGULATIONS.
SMA/Lopez presented the staff report.
M/Lyons opened Public Comments.
Paul Deibel, speaking telephonically, said he supported this proposal
because methane emissions from landfills are a significant contributor to
greenhouse gas accumulations and global warming, and while this
involves additional effort by homeowners, businesses and agencies within
the community, it is a significant step forward.
CC/Santana stated that no emails were received on this item.
M/Lyons closed Public Comments.
At the request of M/Lyons, SMA/Lopez explained how food recovery
services work.
MPT/Low asked who pays for the capacity studies and ultimate service
and SMA/Lopez explained that many of the Tier 1 and 2 businesses have
programs in place for which they pay and the City has eligible funds under
AB 939 for additional plans that may be introduced under the law.
CA/DeBerry explained that the solid waste companies would be required
to enact and implement the program with fines coming from the City for
non-compliance.
NOVEMBER 16, 2021 PAGE 7 CITY COUNCIL
C/Liu asked about public education and whether there is a penalty for
delaying implementation and SMA/Lopez said that with a target date for
rollout of July 1st of 2022 it would provide about six months for public
education and, as long as the City is seen to be taking joint effort steps to
implement a program, there is no penalty for a delay in implementation.
SMA/Lopez explained that staff will be contacting restaurants to determine
their storage capacity capabilities based on volume.
CA/DeBerry explained that the City would be fining the Tier 1 and 2
businesses that are not implementing the program and there could be
potential penalties against the contractor which fall outside of the
ordinance.
Following discussion, C/Chou moved, C/Liu seconded, to introduce for
first reading by title only, waive full reading of Ordinance No. 04 (2021),
and schedule for second reading and adoption at the next regularly
scheduled City Council meeting. 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 wished everyone a Happy Thanksgiving and expressed his thanks for
staff, his colleagues and residents who provided him the opportunity to serve the
City on the Council three years ago.
C/Liu thanked staff for their work this evening and for an amazing Veterans Day
Celebration, and wished everyone a safe and wonderful Thanksgiving. He
congratulated Restaurant Week raffle winners and Through My Lens Photo
Contest Winners and looked forward to Snowfest.
C/Tye thanked his colleagues and staff for getting the Citywide Bus Shelter
Replacement Program back on the agenda so quickly and Mr. Black, Ms. Taylor,
As. Harmon and Mr. Yacoub for providing their input for bus shelters with
advertising. He wished everyone a very Happy Thanksgiving.
APT/Low
thanked staff for a great job in November including the special
Veterans Day Celebration, SMA/Lopez and Anthony Duarte for providing a wrap
up for Diamond Bar Restaurant and those who provided gifts to residents as well
as,. Through My Lens Photo Contest Winners. She hoped to see everyone at
the Snowfest and wished all a warm and Happy Thanksgiving. She is thankful
for her family, her colleagues and for a community that stands together.
NOVEMBER 16, 2021 PAGE 8 CITY COUNCIL
M/Lyons announced that the golf course renovations under the Big Fix umbrella
for the SR57/60 chokepoint remain on schedule. She, MPT/Low and C/Tye
attended a celebration of the Marine Corps 246th birthday, proceeds of which go
toward Making Spirits Bright, the Diamond Bar Women's program that provides
Christmas gifts for military families at Twenty -Nine Palms and Camp Pendleton.
She thanked staff for their work on the Veterans Day Celebration and the South
Pointe Middle School Orchestra for their participation. She congratulated
winners of the photo contest and Restaurant Week raffle and hoped to see
everyone at the Snowfest.
ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the
Regular City Council Meeting at 8:22 p.m.
Respectfully submitted:
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 7th day of December, 2021.
ayor