HomeMy WebLinkAbout2022.11.15 - Minutes - Regular MeetingCITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL REGULAR MEETING
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT/MAIN AUDITORIUM
21865 COPLEY DRIVE, DIAMOND BAR, CA 91765
NOVEMBER 15, 2022
CLOSED SESSION: 5:35 p.m., South Coast Air Quality Management
District/Room CC-8, 21865 Copley Dr., Diamond Bar,
CA 91765, In -Person Only
(No teleconference)
PUBLIC COMMENTS: None
Public Employee Appointment
Pursuant to Government Code Section 54957
Title: City Attorney
ADJOURNMENT: Closed Session adjourned at 5:47 with no reportable
action.
CALL TO ORDER: Mayor Low called the Regular City Council meeting to
order at 6:30 p.m. in the South Coast Air Quality Management District's Main
Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765.
Consistent with State Assembly Bill 361, members of the public were encouraged to
participate and address the City Council during the public comment portion of the
meeting via teleconference. City Council Members and staff participated in person and
telephonically.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Chou led the Pledge of Allegiance.
INVOCATION: Deacon AI Guerrero, St. Denis Catholic Church,
provided the invocation.
ROLL CALL: Council Members Stan Liu (telephonically), Nancy
Lyons, Steve Tye, Mayor Pro Tem Andrew Chou,
Mayor Ruth Low
Staff Present: Dan Fox, City Manager; David DeBerry, City Attorney;
Anthony Santos, Assistant to the City Manager; Amy Haug, Human Resources and Risk
Manager; Greg Gubman, Community Development Director; Mayuko Nakajima,
Associate Planner; Raymond Tao, Contract Building Official; David Liu, Public Works
Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Christian Malpica,
Associate Engineer; Nick Delgado, Engineering Technician; Jason Williams,
Maintenance Supervisor; Jason Jacobsen, Finance Director; Marsha Roa, Public
Information Manager; JR Ybarra, Media Specialist; Cecilia Arellano, Public Information
Coordinator; Joan Cruz, Administrative Coordinator; Kristina Santana, City Clerk
NOVEMBER 15, 2022 PAGE 2 CITY COUNCIL
Staff Present Telephonically: Grace Lee, Senior Planner; Ryan Wright, Parks &
Recreation Director; Ken Desforges, Information Services Director; Fabian Aoun,
Associate Engineer
Also Present. LA County Sheriff's Captain Stephen Tousey, LA
County Acting Assistant Chief Richard Stillwagon
APPROVAL OF AGENDA: As presented by M/Low.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCAMATIONS:
1.1 Through My Lens Photo Contest Winners.
The City Council, joined by the Diamond Bar Community Foundation
President Camille Jones and Vice President John Forbing, recognized the
contest winners.
1.2 Small Business Saturday Proclamation.
Mayor Low read the proclamation and Council Member Lyons encouraged
everyone to shop local.
1.3 Diamond Bar Restaurant Week Presentation.
The Council announced the Dine and Win Raffle winners.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
3. PUBLIC COMMENTS:
Cynthia Lu provided information on upcoming Diamond Bar Library programs
and events.
4. SCHEDULE OF FUTURE EVENTS. CM/Fox presented the Schedule of
Future Events.
5. CONSENT CALENDAR: C/Lyons moved, MPT/Chou seconded, to approve
the Consent Calendar as presented. Motion carried 5-0 by the following Roll Call
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
Liu, Lyons, Tye, MPT/Chou, M/Low
NOVEMBER 15, 2022 PAGE 3 CITY COUNCIL
5.1 APPROVED CITY COUNCIL MINUTES OF THE NOVEMBER 1, 2022
REGULAR MEETING.
5.2 RATIFIED CHECK REGISTER DATED OCTOBER 26, 2022 THROUGH
NOVEMBER 8, 2022 TOTALING $2,158,188.54.
5.3 APPROVED OCTOBER 2022 TREASURER'S STATEMENT.
5.4 ADOPTED RESOLUTION NO. 2022-55 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
SUBCOMMITTEES.
5.5 ADOPTED RESOLUTION NO. 2022-56 AMENDING CITY OF DIAMOND
BAR FRINGE BENEFITS FOR FY 2022-2023.
5.6 APPROVED GENERAL FUND BUDGET ADJUSTMENT FOR
RECREATION CONTRACT SERVICES AS FOLLOWS:
A. APPROPRIATED $115,000 FROM THE GENERAL FUND (FUND
100) TO RECREATION CONTRACT CLASSES (100520-55320);
AND,
B. APPROVED AN INCREASE TO GENERAL FUND BUDGETED
REVENUES FOR RECREATION CONTRACT CLASSES IN THE
AMOUNT OF $172,500 (10048340).
5.7 AWARDED CONSTRUCTION AGREEMENT TO YUNEX LLC FOR THE
LED ILLUMINATED STREET NAME SIGN AND HIGHWAY SAFETY
LIGHT REPLACEMENT PROJECT (CIP #TM23201) AS FOLLOWS:
A. DETERMINED THAT THE PROPOSED PROJECT IS
CATEGORICALLY EXEMPT (CLASS 2) FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15302
OF THE CEQA GUIDELINES;
B. APPROVED AND AUTHORIZED THE MAYOR TO SIGN A
CONSTRUCTION AGREEMENT WITH YUNEX LLC, IN THE
AMOUNT OF $967,795, PLUS A CONTINGENCY AMOUNT OF
$48,390 FOR CONTRACT CHANGE ORDERS, IF ANY, TO BE
APPROVED BY THE CITY MANAGER, FOR A TOTAL
AUTHORIZATION AMOUNT OF $1,016.685; AND,
C. APPROPRIATED $176,200 FROM THE MEASURE M FUND (FUND
NOVEMBER 15, 2022 PAGE 4 CITY COUNCIL
203) FUND BALANCE TO THE CIP FUND (FUND 301) FOR
PROJECT #TM232019
5.8 APPROVAL OF FINAL PARCEL MAP 82066
AGREEMENT TO SUBDIVIDE A 5.73-ACRE SITE
SIMPLE COMMERCIAL PARCELS OVERLAYED
SUBDIVISION OF 34 CONDOMINIUM UNITS
AND SUBDIVISION
INTO FOUR (4) FEE
WITH AN AIRSPACE
IN A THREE-STORY
OFFICE BUILDING LOCATED ON THE EAST SIDE
ROAD BETWEEN LYCOMING STREET AND THE
KNOWN AS THE
AS FOLLOWS:
OF BREA CANYON
SR-60 FREEWAY,
BREA CANYON BUSINESS PARK (LYCOMING, LLC)
A. DETERMINED THAT APPROVAL OF THE PROPOSED FINAL
PARCEL MAP IS MINISTERIAL AND THUS IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO
TITLE 14, CALIFORNIA CODE OF REGULATIONS, SECTION
15268(b)(3);
B. ADOPTED RESOLUTION NO. 2022-57 APPROVING FINAL PARCEL
MAP 52066; AND,
C. APPROVED AND AUTHORIZED THE MAYOR TO EXECUTE THE
SUBDIVISION AGREEMENT.
5.9 APPROVAL OF FRANCHISE AGREEMENT WITH FOCUS MEDIA
GROUP, INC. FOR THE REPLACEMENT AND MAINTENANCE OF BUS
STOP AMENITIES CITYWIDE AND FOR THE BUS SHELTERS
ADVERTISEMENT PROGRAM THROUGH JUNE 30, 2027 AS
FOLLOWS:
A. DETERMINED THAT APPROVAL OF THE PROPOSED FRANCHISE
AGREEMENT IS CATEGORICALLY EXEMPT (CLASS 2) FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO
SECTION 15302 OF THE CEQA GUIDELINES; AND,
B. APPROVED AND AUTHORIZED THE MAYOR TO SIGN, A BUS
SHELTER FRANCHISE AGREEMENT WITH FOCUS MEDIA
GROUP, INC., THROUGH JUNE 301 2027 THAT WILL PROVIDE
FOR:
1. PROCUREMENT AND INSTALLATION OF BUS STOP
AMENITIES, IN THE AMOUNT OF $1,099,657.11, PLUS A
CONTINGENCY AMOUNT OF $1007300 FOR CONTRACT
CHANGE ORDERS, TO BE APPROVED BY THE CITY
MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF
NOVEMBER 15, 2022 PAGE 5 CITY COUNCIL
$1,199,957.11;
,ADMINISTRATION AND REVENUE SHARING OF A BUS
SHELTER ADVERTISING PROGRAM; AND,
3. MAINTENANCE SERVICES FOR ALL BUS STOP AMENITIES
AND SHELTERS CITYWIDE.
5.10 APPROVED AND AUTHORIZED THE PUBLIC WORKS DIRECTOR TO
FILE A NOTICE OF COMPLETION FOR THE AREA 1 RESIDENTIAL &
COLLECTOR STREEETS REHABILITATION AND THE GOLDEN
SPRINGS DRIVE ARTERIAL STREET REHABILITATION BETWEEN
BREA CANYON ROAD AND LEMON AVENUE — PROJECT NOS.
S122105 & S1221039
6. PUBLIC HEARINGS:
6.1 ADOPTION OF THE 2022 CALIFORNIA BUILDING STANDARDS
CODES (TITLE 24 C.C.R. PARTS 2, 2.5, 3, 41 51 AND 11) WITH LOCAL
AMENDMENTS.
BO/Tao presented the staff report.
M/Low opened the Public Hearing.
With no one wishing to speak on this item, M/Low closed the Public
Hearing
C/Tye moved, C/Liu seconded, to read by title only and waive full reading,
and adopt Ordinance No. 03(2022) adopting the 2022 California Building
Standards Codes (Title 24 C.C.R. Parts 2, 2.5, 3, 4, 5, and 11) with local
amendments. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Liu, Lyons, Tye, MPT/Chou,
M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.2 AMENDMENTS TO TITLE 5 AND TITLE 22 (DEVELOPMENT CODE) OF
THE DIAMOND BAR MUNICIPAL CODE TO CLARIFY THE EXISTING
PROHIBITION ON SHORT-TERM RENTALS IN RESIDENTIAL
NEIGHBORHOODS.
AP/Nakajima presented the staff report.
NOVEMBER 15, 2022 PAGE 6 CITY COUNCIL
M/Low opened the Public Hearing.
With no one present who wished to speak on this item, M/Low closed the
Public Hearing.
Following Council discussion, C/Tye moved, C/Lyons seconded, to
determine that the proposed code amendment is not subject to CEQA
pursuant to Sections 15061(b)(3) and 15305 of the CEQA Guidelines,
approve for First Reading by title only, waive full reading of Ordinance No.
04(2022) and, schedule the Second Reading and Adoption of the
Amended Title 5 and Title 22 (Development Code) of the Diamond Bar
Municipal Code to clarify the existing prohibition on Short-term Rentals in
residential neighborhoods. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Liu, Lyons, Tye, MPT/Chou,
M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
7. COUNCIL CONSIDERATION: NONE
8. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Liu thanked staff for the presentations, the wonderful salute to Veterans event,
congratulated this evening's presentation recipients, and looked forward to the
Windmill Lighting and a wonderful Thanksgiving with family and friends.
C/Tye asked if the blight of election signs left standing after elections could be
addressed at a future Council meeting, congratulated participants and winners of
the Through My Lens contest co -sponsored by the Diamond Bar Community
Foundation and City of Diamond Bar, congratulated Restaurant Week prize
winners, hoped to see everyone at the first annual Windmill Lighting, and spoke
about participating in the Contract Cities honoring of LA County Fire Chief Daryl
Osby on his retirement.
C/Lyons congratulated C/Tye and MPT/Chou on their re -elections to the City
Council, attended a luncheon at Maple Hills Elementary with 84 students who
received an award for fundraising abilities, thanked staff for a very moving, terrific
and well -attended Veterans event, and hoped everyone would attend the
Windmill Lighting event and take advantage of local small businesses in
celebration of Small Business Saturday.
OPT/Chou
spoke about the LA County Division for League of California Cities
ongoing concerns with the proposed LA land bank pilot program.
NOVEMBER 15, 2022 PAGE 7 CITY COUNCIL
M/Low congratulated C/Tye and MPT/Chou on their successful re -elections,
thanked staff for a beautiful and inspirational Veterans Day celebration, spoke
about her attendance at the celebration dinner for the men and women who are
currently serving at the California Army National Guard, her attendance at the
installation of new Board Members of the Southern California Chinese-American
Environmental Protection Association at the Diamond Bar Center, and talked
about speaking to members of Boy Scout Troop 777 about their civic duties and
rights. She wished everyone a Happy Thanksgiving and invited all to attend the
first annual Windmill Lighting event on Sunday, December 4t" at 5:00 p.m.
ADJOURNMENT: With no further business to conduct, M/Low adjourned the
Regular City Council Meeting at 7:39 pm.
Respectfully Submitted:
Kristina Santana, City Clerk
The foregoing mir}utes are hereby approved this 6t" day of December, 2022.
Andre�ou, M