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