HomeMy WebLinkAbout04/18/17 - Minutes - Regular MeetingE
Public Comments:
MINUTES OF •
APRIL 18,2017
5:45 p.m., Room CC -8
EMPLOYEE0� PUBLIC -• PURSUANT TO GOVERNMEVJ
•D. SECTION 54957
CALL TO ORDER: Mayor Lin called the Regular City Council meeting to
order at 6:38 p.m. in the South Coast Air Quality Management District/Government
Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
M/Lin announced there was no reportable action taken during tonight's Closed Session.
PLEDGE OF ALLEGIANCE: C/Lyons led the Pledge of Allegiance.
INVOCATION: Patricia Williams, Parish Associate, Northminster
Presbyterian Church, gave the invocation.
ROLL CALL: Council Members Herrera, Lyons, Tye, Mayor Pro
Tem Low and Mayor Lin
Staff Present: James DeStefano, City Manager; David DeBerry, City
Attorney; Ryan McLean, Assistant City Manager; Ken Desforges, IS Director; David Liu,
Public Works Director; Dianna Honeywell, Finance Director; Greg Gubman, Community
Development Director; Kimberly Young, Senior Civil Engineer; Anthony Santos,
Assistant to the City Manager; Dannette Allen, Management Analyst; Mayuko Nakajima,
Associate Planner; Amy Haug, Human Resources/Risk Manager; Cecilia Arellano,
Public Information Coordinator, and Tommye Cribbins, City Clerk.
1.1 M/Lin and Councilmembers presented a Certificate Plaque to Brian Vo,
owner of Pho Ha Plus as New Business of the Month.
1.2 M/Lin and Councilmembers proclaimed April 22, 2017 as Arbor Day and
presented the proclamation to PWD/Liu.
CM/DeStefano announced that in addition to today being "tax day" it is also
Diamond Bar's official birthdate.
CM/DeStefano then reported that the Kmart project continues with great success.
Sprouts is the anchor tenant in that center and that Ross will be joining Sprouts
APRIL 18, 2017 PAGE 2
CITY COUNCIL
who confirmed during a recent news media broadcast that the Diamond Bar
store, which is scheduled to open by the end of the year, will be one of 35 stores
coming to this general area including the store that recently opened in LaVerne.
As he had stated previously Petco will not be coming to D.B. as corporate has
made a national decision to stop any store that was not already under
construction. However, there are other opportunities that are coming forward on
the retail and restaurant side for which staff hopes to be able to make an
announcement soon.
CM/DeStefano stated that last week he met with the owner/developer of the
Honda/Burger King property where he conveyed to him Council's direction, that
the property needed to be cleaned up and/or torn down as soon as possible,
which allegedly is scheduled to occur soon. More importantly, the property is
progressing with a hotel as an anchor with significant office buildings on the site.
The developer will be submitting a more detailed site plan in the next few months
which will initiate the Environmental Review process.
3. PUBLIC COMMENTS:
Pui Ching Ho, Diamond Bar Librarian, said that on Thursday, April 20 at 4:00
P.M. the library will host a celebration of children's books and reading. Families
will enjoy hearing stories from different countries around the world after which
children will be able to create a fun art project to take home. Saturday, April 22 at
2:00 p.m. the library will host a "Naturalization Information and Resource"
session and on Saturday, April 29 at 3:00 p.m. there will be a classical Indian
Dance performance sponsored by the Diamond Bar Friends of the Library. To
check out these and other programs, visit the website at www,colapublib ora.
Many library programs are sponsored by The Friends of the Diamond Bar
Library. She hoped to see everyone at the 24th Annual Wine Soiree on Sunday,
April 231d at 4:00 p.m. with all proceeds benefiting the Diamond Bar Library.
Kushal Sonawala was happy to hear that the Honda/Burger King property was
being considered for demolition and that the hotel and office buildings will be
built. He also reported that apparently there was a problem with overzealous
parents at the Easter Egg Hunt who took too many eggs for their kids and that 3
this has happened at least four to five times since 2003 and would like to see
what can be done to improve next year's event.
4. RESPONSE TO PUBLIC COMMENTS:
CM/DeStefano said that staff is aware of some of the online commentary about
parental behavior at this years' Easter Egg Hunt. It is obviously unfortunate that
at times overzealous parents get in the way of a good time for the many others
who participate and staff will look into different techniques for the future to make
the event a better experience for more people to enjoy.
APRIL 18, 2017 PAGE 3 CITY COUNCIL
5.1 Earth Day and Arbor Day Celebration — April 22, 2017 — 9:00 a.m. to 2:00
p.m., AQMD/Government Center, 21865 Copley Drive.
5.2 Planning Commission Meeting — April 25, 2017 — 7:00 p.m. — Windmill
Community Room, 21810 Copley Drive.
5.3 Parks and Recreation Commission Meeting — April 27, 2017 — 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.4 City Council Special Closed Session — Public Employee Appointment (City
Manager) Pursuant to Government Code Section 54957 — April 28, 2017 —
8:00 a.m., AQMD/Government Center, Room CC7, 21865 Copley Drive.
5.5 National Drug Take -Back Day — April 29, 2017 — 10:00 a.m. to 2:00 p.m. —
Kaiser Permanente Diamond Bar Medical Offices, 1336 Bridgegate Drive.
5.6 City Council Meeting — May 2, 2017 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: C/Tye moved, MPT/Low seconded, to approve
the Consent Calendar with the exception of Item 6.8 pulled by M/Lin. Motion
carried by the following Roll Call vote:
AYES:
COUNCIL MEMBERS:
Herrera, Lyons, Tye, MPT/Low, M/Lin
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
None
6.1 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS
AND ADOPT THE CONSENT CALENDAR.
6.2 APPROVED CITY COUNCIL MINUTES:
6.2(a) Study Session Minutes of April 4, 2017 — as submitted.
6.2(b) Regular Meeting of April 4, 2017 — as submitted.
6.3 RECEIVED AND FILED PARKS & RECREATION COMMISSION
MINUTES:
6.3(a) Regular Meeting of January 26, 2017.
6.3(b) Regular Meeting of February 23, 2017.
6.4 RATIFIED CHECK REGISTER DATED March 30, 2017 through April 12,
2017 totaling $805,211.40.
APRIL 18, 2017 PAGE 4 CITY COUNCIL
6.5 APPROVED CONTRACT AMENDMENT NO. 1 WITH DKS ASSOCIATES
IN THE AMOUNT OF $10,000 FOR CONSTRUCTION INSPECTION AND
SUPPORT SERVICES FOR THE TRAFFIC SIGNAL BATTERY BACKUP
SYSTEM PROJECT, PLUS A CONTINGENCY AMOUNT OF $1,000,
FOR A TOTAL AUTHORIZATION AMOUNT OF $11,000.
6.6 APPROVED CONTRACT AMENDMENT NO. 2 WITH ITERIS, INC. IN
THE AMOUNT OF $20,000 FOR ON-CALL TRAFFIC AND
TRANSPORTATION ENGINEERING SERVICES; AND, $38,910 FOR
DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE
COPLEY DRIVE/GOLDEN SPRINGS DRIVE INTERSECTION
MODIFICATION PROJECT, PLUS A CONTINGENCY AMOUNT OF
$4,000 FOR A TOTAL CONTRACT AMENDMENT AUTHORIZATION
AMOUNT OF $62,910.
6.7 APPROVED NOTICE OF COMPLETION FOR THE CONSTRUCTION OF
DIAMOND BAR BOULEVARD RAISED MEDIAN MODIFICATION AT
MAPLE HILL ROAD — PROJECT NO. 26316.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.8 APPROPRIATE $162,000 OF MEASURE R FUNDS TO THE FY 2016-17
CIP BUDGET; ADOPT RESOLUTION 2017-13: APPROVING PLANS
AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT
ACCOUNT; REJECT THE BID RECEIVED FROM HAITBRINK ASPHALT
PAVING AS NON-RESPONSIVE, AWARD THE CONSTRUCTION
CONTRACT FOR THE MORNING CANYON ROAD REHABILITATION
PROJECT TO HYM ENGINEERING, INC. IN THE AMOUNT OF
$384,378.20 AND AUTHORIZE A CONTINGENCY AMOUNT OF $38,438
(10% OF THE TOTAL CONTRACT) FOR CONTRACT CHANGE
ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL
AUTHORIZATION OF $422,816.20.
M/Lin asked staff what the issue was with the reference to the lowest
bidder being "non-responsive."
PWD/Liu stated that when the lowest bidder submitted his proposal, the
percentage of the contract value he proposed was less than 51 percent.
Because the contract requires that the lowest bidder must perform at least
51 percent of the contract value, his proposal is a direct violation of the
City's contract rules. Additionally, in terms of the specifications, the
bidder is required to adhere to the Greenbook Standards of which he did
not follow. Based on these two findings, staff determined and
recommended to the City Council that his proposal was "non-responsive"
and accordingly, staff moved to the second low -bidder as the "responsible"
bidder for the project.
APRIL 18, 2017 PAGE 5 CITY COUNCIL
C/Lyons moved, C/Herrera seconded, to approve Item 6.8 as presented.
Motion carried by the following Roll Call vote:
AYES:
NOES:
ABSENT
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Herrera, Lyons, Tye, MPT/Low,
M/Lin
None
None
7.1 RESOLUTION 2017 -XX: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR ESTABLISHING AND ADOPTING A
SCHEDULE OF RATES, FEES, AND CHARGES FOR COMMUNITY
DEVELOPMENT SERVICES AND ADMINISTRATIVE/MISCELLANEOUS
SERVICES FOR THE CITY OF DIAMOND BAR.
ACM/McLean presented the results of the City's Comprehensive Fee
Study and staff recommendations for development of administrative
service fee schedules for Council's consideration. The City provides a
multitude of services to the public (customer service focus/cost effective
services). There are two types/classifications the City provides, the first
being "Community Supported Services" which have an implicit rationale
for subsidization based on overall community welfare which includes
public safety, parks, streets and things that are used by everyone for
which the City does not charge fees for use. These services are usually
and primarily funded with tax dollars the City receives (property tax, sales
tax, etc.) The second type of services are "Personal Choice Services"
which are services that directly benefit an individual property owner or
developer and in general are funded by "fees" so that the individual that
receives benefit for the service pays a fee for that service. Generally, the
City would like to cover as much as possible by using a full -cost recovery
method to collect those fees. These types of fees include building,
planning, engineering, and public works permits. Tonight's presentation
focuses on Development Services and the few fees in the Administrative
Services category. Staff will bring back Recreation and Park fees at a
later date with separate recommendations for Council's consideration.
Currently, Community Supported Services are funded directly by taxes
and grants whereas Personal Choice Services are covered by fees that
are collected for that service. The Fee Study Analysis determined that the
Personal Choice Services are currently heavily subsidized by the taxpayer
which means that the full -cost of providing those fee-based services
exceed current and expected fee revenues and thus, tax monies/General
Fund dollars are diverted to make up the difference.
APRIL 18, 2017 PAGE 6 CITY COUNCIL
The last time the City conducted a full fee study was in 2009 and at that
time the City Council chose to adopt subsidized fees (not full -cost
recovery) with annual CPI adjustments each year thereafter. In 2016 the
City Manager authorized a contract with Revenue Cost Specialists (RCS)
to conduct the fee study being presented this evening. RCS is an expert
in the field and has done similar work for cities throughout the State and
has a good background and knowledge of this type of service. RCS
conducted a cost/revenue analysis of all services provided by the City,
identified the beneficiary of the services provided — who pays vs. who
benefits, developed a legally defensible baseline for calculating service
costs and recommended fee and policy adjustments for Council's
consideration.
The Fee Study Methodology was a cooperative process with RCS and
City staff that took place over several months with multiple departmental
meetings and document reviews which were conducted to calculate the
service levels and time spent by staff on each service type, review of the
budget and development of the cost -allocation plan, review of services to
categorize between Community Supported and Personal Choice services
to identify the difference between the two and reviewed recovery
percentage and developed recommendations being brought forth this
evening.
When developing costs, elements that were included were salaries,
employee fringe benefits, operating expenses, overhead and
administrative expenses, asset replacement expenses and the amount of
time necessary to provide the service which resulted in an all-
encompassing fully -burdened rate to provide the service (utilities,
depreciation and staffing costs).
What the study found was that current Development Services and
Administrative Services has a taxpayer subsidy for the study period of
$917,534 which is a 61.7 percent recovery rate of the actual cost to
provide the services in those categories. The full cost of delivering fee -
financed Personal Choice Services exceed the revenue on an annual
basis which means that if fees do not pay all of the costs of Personal
Choice Services, taxes and General Fund dollars will make up the
difference which is occurring at this time. If the Council was to implement
a full -cost recovery on Personal Choice Services and Development and
Administrative Services, the potential subsidy reduction is $652,675
annually beginning in FY 2017-18. This is a conservative revenue
estimate based on the most likely volume of services in the two
categories. Additionally, reduction of subsidies provides the Council with
more flexibility to use the taxpayer revenue to enhance Public Safety, and
conduct Capital Improvement Projects such as parks and street
improvements.
APRIL 18, 2017 PAGE 7 CITY COUNCIL
ACM/McLean provided a power point presentation showing examples of
fee types, current fees, actual costs (fully burdened rate) and dollar and
percentage changes for each type. In nearly every case the fee examples
are heavily subsidized by the taxpayer at their current rates. One item is
the solar plan check for family and commercial use which was reduced in
accordance with State law that rendered solar permits available over-the-
counter which means the City must keep the cost low to meet that
mandate.
Diamond Bar has maintained very good fiscal management over the
course of its incorporation. That being said, Diamond Bar does not have
the luxury of major commercial developments, auto dealerships, Transit
Occupancy Tax (TOT) or tourist attractions that allow for significant tax
revenues to provide public services or allow for the policy flexibility to
subsidize services. The City also has a very limited share in the property
tax pool (one of the lowest in the County) which further highlights the need
to identify and reduce subsidies to ensure service levels are maintained at
expected levels into the future.
Implementing a full -cost recovery policy for Development and
Administrative Services fees would reduce subsidies by an estimated
$652,675 in the next fiscal year which again, provides additional funds that
can augment programs and services from Public Safety to Capital
Improvements. To remain current, staff recommends that Council
approve the Annual Adjustment of CPI (March to March CPI) each year
thereafter until another fee study is completed or another full adjustment of
fees is made. He again noted that Parks and Recreation fees which are a
large component of the report will be brought back to the City Council for
standalone consideration in the future.
Staff recommends that the City Council approve a full -cost recovery model
for Community Development Services and Administrative Services Fees
by adopting Resolution 2017-14 which establishes and adopts a schedule
of Rates, Fees and Charges for Community Development Services and
Administrative/Miscellaneous Services for the City of Diamond Bar.
M/Lin reiterated that the City Council has spent a considerable amount of
time reviewing the findings during study sessions. This is a critical matter
of consideration for the City when considering fee increases, especially
when it applies to users of the program. It is a concern to the Council but
the Council concurs with the findings that fees that are subsidized by the
residents at large and the City needs to find equality in these matters.
C/Herrera said that this was a huge report and would have liked to have
had a few more days for review and consideration. She wanted to know if
staff was asking the Council to increase Personal Choice fees.
APRIL 18, 2017 PAGE 8 CITY COUNCIL
ACM/McLean said yes, the recommendation is to enact a full -cost
recovery model exclusive to the Personal Choice fees (Development and
Administrative Services).
C/Herrera said she believed that in addition to increasing fees in order to
balance the budget which she believes is critically important, a lot of the
General Fund monies are one-time monies and does not believe it is
responsible to spend those one-time monies for ongoing expenses. In
addition to considering increasing fees she believes the City needs to look
at where monies are being spent on other programs, not necessarily
eliminating any of the programs but perhaps trim a bit of what the City
does in each category in order to be more cost-effective which was not
part of this fee study scenario. She wanted to know when this matter
would come up for consideration.
ACM/McLean said that those types of decisions are made during the.
budget process the City Council will enter into in the next couple of
months. At that time the Council will have an opportunity to go through all
of the recommendations and direct staff accordingly, to trim or cut back.
C/Herrera asked when the Recreation portion of the fee study would be
brought to the Council.
ACM/McLean said within the next couple of months or so.
C/Herrera asked if this was in conjunction with the budget so the Council
would be adopting the budget prior to staff coming back with fee
recommendations for Recreation Services.
ACM/McLean said he did not have an exact date when that would go on
the City Council calendar but staff is prepared to bring it back relatively
quickly.
C/Lyons felt that some of the Councilmembers were confused about what
would be discussed tonight because there were things in the
documentation that were about recreation and those items will not be
voted on tonight.
ACM/McLean said that the difficulty was that this is an all-encompassing
fee study, a comprehensive document that includes all of the fees
including recreation. Staff wanted to provide the full report to the City
Council; however, one of the difficult things is that if one looks on Page 30
it talks about Development Services and the next page has a reference to
"recreation." Staff did not want to provide the full document to the Council
with missing pages throughout the document which is why in the staff
report it was meant to reference only those elements.
APRIL 18, 2017 PAGE 9 CITY COUNCIL
C/Lyons said the staff report said that but the backup materials did not
match that exactly.
C/Lyons said that when Recreation Services are discussed will all of that
information be imparted during study sessions similar to how this report
was brought forward.
ACM/McLean responded "yes."
C/Tye asked why the full cost recovery did not equal the $917,000.
ACM/McLean reiterated that the study was conducted during a year that
had a greater -than -average volume. The $650,000 number is a more
conservative estimate based on where staff believes actual volumes
would be going forward.
MPT/Low asked what safeguards are within management to ensure the
City keeps its fees as low as possible so that when the City is recovering
"full cost" the services are delivered as efficiently so that taxpayers are not
overpaying.
ACM/McLean said the document is one way of making sure the fees are
accurate. One of the reasons for conducting a fee study is to develop a
"legally defensible" set of fees and by going through this exercise and
studying the delivery of each service (time, overhead, salaries, benefits,
etc.) this document establishes the true "legally defensible cost of
providing each service which is the basis for the Full -Cost Recovery
model.
MPT/Low asked how management ensures that what the City is spending
is the lowest it is spending.
ACM/McLean responded that Diamond Bar has maintained a lean staff
that provides services as efficiently and effectively as possible. This is
something the City does with everything it provides — to be efficient,
provide services quickly and at the lowest cost possible. When
developing services that are offered to the public, staff does everything
possible to make sure that responses are as quick as possible, that the
City uses as little consulting time as required to complete the process,
maintain the contract service model which seems to be a more effective
and cost-effective way to provide service. Whenever the City offers
service staff looks to provide the best, quickest and most cost-effective
service to the public.
APRIL 18, 2017 PAGE 10 CITY COUNCIL
MPT/Low asked if that included training to make sure that staff is well-
trained and cross -trained to make sure they are efficient in the processes
by receiving regular evaluations to make sure they are efficient and low-
cost.
ACM/McLean responded that each department has specific training
sessions and there is a training calendar for the Human Resources
Department. Staff is working on an improved and revamped Employee
Performance Management System which is on the City Council's Strategic
Plan for the upcoming year which will include tracking of evaluations that
include training, opportunities to improve knowledge and cross -train.
M/Lin asked ACM/McLean to explain what a Personal Choice Service Fee
is.
ACM/McLean stated that a Personal Choice Service Fee is one that
directly benefits an end-user (person requesting the service). For
example, if a developer comes into City Hall to request that a project be
processed to make sure it meets all of the City Codes and Building
requirements, that individual/developer would pay the fee for that service
at a full -cost recovery level to have that work done for them.
M/Lin opened the Public Hearing at 7:27 p.m.
With no one present who wished to speak on this matter, M/Lin closed the
Public Hearing at 7:28 p.m.
C/Lyons said she is struggling with whether it is a good idea to increase
the cost of a Business License because the City tries to be very pro-
business and when more businesses choose to locate in the City they
offer more choices for services to the community and more employment
opportunities for residents.
C/Herrera said this is a very important item that is before Council for
consideration and that she had very little time to read through the
hundreds of pages prior to tonight's meeting.
C/Herrera moved for Council to table any action tonight and allow each
Councilmember to consider each part of the report, ask questions of staff
as they come up over the next couple of weeks and bring it back for action
at the May 2nd Council meeting.
The motion died for lack of a second.
M/Lin asked counsel for direction.
APRIL 18, 2017 PAGE 11 CITY COUNCIL
CA/DeBerry responded that unless the Council takes action on the matter
it will have to be brought back so a Council Member will have to volunteer
that action be taken one way or another.
Following further discussion, MPT/Low reiterated C/Herrera's motion
which C/Herrera seconded.
M/Lin asked if the matter would be listed as a Public Hearing for May 2.
CA/DeBerry said yes, but it will not have to be re -noticed if the motion
made at this meeting states it will be heard again in two weeks because
staff's report may be different.
M/Lin called for the vote which was approved by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low,
M/Lin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
7.2 ORDINANCE NO. 03(2017) OF THE CITY OF DIAMOND BAR
AMENDING DIAMOND BAR MUNICIPAL CODE SECTION 21.03.030 OF
TITLE 21 (SUBDIVISIONS) AND TITLE 22 ("DEVELOPMENT CODE") IN
ORDER TO COMPLY WITH RECENTLY ENACTED STATE
REGULATIONS PERTAINING TO ACCESSORY DWELLING UNITS
(ADDS): 22.080.030, 22.16.140, 22.42.060, 22.42.110, 22.42.120,
22.68.030 AND 22.80.020.
CM/DeStefano stated that as M/Lin stated, this is a result of recent state
law changes and this matter comes to the Council with the unanimous
recommendation of the Planning Commission to approve.
AP/Nakajima presented staff's report stating that an Accessory Dwelling
Unit is a defined housing type under State law which is a small individual
living space that is ancillary to the main residence and can be either
attached or detached that provides complete independent living facilities
and is located on the same lot as the main house. They are also known
as second units and granny flats. State law has long decreed ADU's to be
a valuable affordable housing option and as such, state law places certain
limitations on what cities can regulate. Cities cannot completely prohibit
ADU's but are allowed to designate areas in which they might be
appropriate, and to impose reasonable standards such as setbacks, lot
coverage, height and size.
In 2003 State law also required that cities approve these ADU's
ministerially and most recently, per SB1069 and AB2299 state law
APRIL 18, 2017 PAGE 12 CITY COUNCIL
significantly revised their ADU laws which took effect on January 1, 2017.
The intent of the change is to address the housing shortage by using more
development restrictions. This Code Amendment is required to ensure
that the City stays consistent with state law and to enable the City to
exercise limited restrictions on ADU's. Failure to adopt an ordinance that
is consistent with state law would result in the City not being able to
regulate ADU's at all. The proposed amendments to the Code are
required for the City to regulate ADU's that is consistent with the state.
The Planning Commission recommended adoption on March 14 and this
Code Amendment would apply Citywide.
The amendment within the land use table would now permit ADU's in all
residential zones. Currently, the City allows them only in the RR and RL
zones subject to specific development standards, but now the City is
required to allow them in all residential zones. The Code currently allows
ADU's on residential parcels that are at least 10,000 square feet in size,
have a minimum buildable pad area of 8,000 square feet, must be a
minimum of 50 feet and a minimum depth of 100 feet. With the new State
law cities are still able to impose these minimum lot size requirements
provided that that they do not unreasonably restrict the prospect of
developing and ADU. Thus, staff is recommending to keep the existing
requirement intact because there is a large enough inventory of parcels
that meet this requirement. However, when an ADU is proposed within an
existing space, whether it is the main house or an accessory structure
which includes a garage, the City must permit them regardless of lot size if
it meets all of the following: They must meet the side and rear setbacks
for adequate fire safety; it must meet all applicable building and safety
codes, and only one ADU will exist on the parcel. Essentially, if a
structure can meet all of these requirements they must be allowed within
that space.
For parking requirements, one off-street parking space is required for all
ADU's. But this space must be accessible from the existing driveway and
it can be tandem or within the setback areas. When a garage, carport or
covered parking structure is demolished to create an ADU the
replacement spaces can be in the form of covered space, uncovered
space, tandem or mechanical automobile parking lift. However, there are
also exceptions to requiring parking for an ADU when there are certain
circumstances. If the ADU is located within % mile of a transit stop or an
ADU is located within an historic district, or if it is part of an existing house
or an accessory structure, or if on -street parking permits are required but
not offered to the occupant, or when there is a designated car -share
space located within a block of the ADU the City cannot require the one
parking space for the ADU.
APRIL 18, 2017 PAGE 13 CITY COUNCIL
A question came up during the Planning Commission meeting with respect
to CC&Rs and the revisions to the State law apply only to the City's
Zoning Regulations. In other words, if an HOA's CC&R's restrict or
prohibit ADU's, those CC&R's would still be enforceable by the HOA.
In summary, the purpose of this ordinance is to retain as much local
authority as possible to regulate ADU's in light of the State's latest
limitations on local control i.e. failure to adopt an ordinance consistent with
State law would prevent the City from regulating such things as setbacks,
height and size requirements, among other things. In conclusion, staff
recommends City Council approval for First Reading by Title Only, Waive
Full Reading and schedule a Second Reading for May 2, 2017.
MPT/Low asked what would happen if someone requested an ADU with a
current unit on a lot of less than 10,000 square feet.
AP/Nakajima responded that if it can be shown it is a legally permitted
structure with a County or City issued permit it is permitted. If not, it would
have to be made legal and meet the criteria in the current ordinance.
MPT/Low asked if the ADU had to follow building standards are there
restrictions that apply such as blocking a neighbor's view.
CDD/Gubman said there is no discretion. There is not a measurable
standard in the Code for view protection, it is more a part of the
compatibility review the Planning Commission takes under consideration
when they make their findings. However, ADU's are permitted to only be
single story structures so view impacts are not likely to occur. ADU's are
only permitted on properties that are already developed with a single
family residence so the ADU would never exceed the height of what is
already developed on the property and it is likely to be in a location that
has less of a view impact on neighboring properties than the existing
development.
MPT/Low asked if it was conceivable a person could have an ADU built on
a property that would eliminate back yard space or ingress/egress to the
sides and back of the property?
CDD/Gubman said it was not likely. He could not imagine a situation
where that would occur given the relatively contemporary era of
development that has occurred in Diamond Bar and there is quite a limited
amount of lot coverage that is permissible in the building stock in the City
so he would not foresee that being likely.
C/Lyons asked if someone could divide a single family unit.
APRIL 18, 2017 PAGE 14 CITY COUNCIL
CDD/Gubman explained that the new legislation mandates and talks
about two different types of Accessory Dwelling Unit development that is
possible. The traditional second unit would be a small "guesthouse" type
structure that is detached from the main house or it could be an add_ition to
the main house with an independent entrance and its own kitchen
facilities. The new state legislation says that an Accessory Dwelling Unit
could also be created by remodeling a portion of an existing house so
while it is true that one could divide up an existing house into a main
dwelling and an Accessory Dwelling Unit there are square footage
limitations in the statutes and in the ordinance.
AP/Nakajima referred the Council to Page 530 of their packets. If the lot is
between 10,000 and 20,000 square feet one can have a maximum 600
square foot ADU. If it is over 20,000 square feet, one can have a
maximum 1200 square foot ADU.
C/Lyons asked if this could result in garage conversions which did not
sound good to her. Is this something the City has to permit?
CDD/Gubman responded yes. The new legislation mandates that should
a homeowner wish to convert their garage, even if the property is less
than 10,000 square feet, the City must allow the garage conversion to be
permitted. In addition to that, the City is forbidden from requiring a
replacement garage to be constructed to make up the lost covered
parking. So the City is allowed to require replacement parking on the
parking but it could be in the form of additional driveway space or carport
or some other means of meeting the parking requirement other than
requiring it to be provided with a two -car garage.
C/Lyons said this has the potential to change the City's neighborhoods.
Apparently, this is what Sacramento has decided was best for cities.
CDD/Gubman responded that is one way to put it.
C/Lyons said she is having a hard time seeing how that is best for the
City.
CDD/Gubman further stated that staff is frustrated by the limitations that
are imposed upon the City by this legislation so staff's goal in crafting this
ordinance is to restrict the relaxed requirements in order to avoid or at the
least mitigate, the neighborhood impacts to the extent the City is legally
able to.
M/Lin asked if a homeowner could hookup sewer and water and park a
mobile home on his lot to serve as an ADU? A manufactured home is
considered as a qualified ADU.
APRIL 18, 2017 PAGE 15 CITY COUNCIL
CDD/Gubman responded that manufactured housing that meets the
development standards would be permitted if they are going to construct
an Accessory Dwelling Unit or place a manufactured structure on the
property. The City can still point to the code requirements that the ADU
be architecturally consistent with matching materials, roof pitch, etc. Even
though technically, manufactured housing is permissible, the form of that
manufactured housing is still subject to the City regulations that it has to
match the architecture of the main dwelling.
M/Lin opened the Public Hearing at 7:52 p.m.
With no one present who wished to speak on this matter, M/Lin closed the
Public Hearing at 7:52 p.m.
M/Lin asked the deadline for approving this ordinance and when does it
take effect.
CDD/Gubman responded that the legislation is now in effect and the City
is subject to the unshackled state law. The City has up to 120 days to
approve an ADU application. Currently, there are no ADU applications in
the Planning Division so even though the current ordinance is technically
null and void, staff still has 120 days to process an application and the
way the state law is crafted, they would not be grandfathered in while the
City is waiting for its ordinance to cure. It is whatever regulations are in
effect at the time of approval so in that case, he would say that time is of
the essence because he has no idea when the next ADU application might
come through the door so the sooner this ordinance can be adopted, the
sooner the City can avoid the unmitigated reach of the State regulations.
CM/DeStefano stated that if the City Council takes action to approve First
Reading of the ordinance tonight the Second Reading would be scheduled
to take place at the May 2nd City Council meeting and the ordinance would
become effective approximately 30 -days thereafter (about June 4th)
C/Tye moved, C/Lyons seconded, to approve Ordinance No. 03(2017) for
First Reading by Title Only, Waive Full Reading and schedule a Second
Reading for May 2, 2017. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low,
M/Lin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8. COUNCIL CONSIDERATION: None
APRIL 18, 2017 PAGE 16 CITY COUNCIL
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Lyons thanked the City for the tremendous Birthday Party. Many people
attended and there was something for everybody — the car enthusiasts, business
people, kids and the outstanding citizens who were recognized. These events
take a lot of work and people to make them successful and those who performed
that work made the City look good and the Council and residents appreciate what
they do. She reminded residents that there is a very big fundraiser for the library
on Sunday which is a wine and food tasting and benefit auction event that starts
at 4:00 p.m. Tickets can be obtained at the Diamond Bar Library, Basically
Books, etc. and she hopes to see many residents join the Council for that event.
This afternoon she returned from Boston where she attended the Boston
Marathon to witness two residents participate in the great event. It felt like she
was witnessing the best of America. She congratulated Linda Lyons and Alex
Nichols, her sister and daughter who she is very proud of.
C/Herrera thanked staff for their hard work in putting on the wonderful City
Birthday Party which is one of the biggest events of the City each year.
Residents and community organizations really enjoy the event and even people
from other cities come to join in the festivities. She heard many people
compliment Diamond Bar on what a great job the City does on behalf of its
residents for free. Thank you to staff. She knows it takes many months of
planning and it turns into a long, long day to make sure things are set up and run
smoothly. Today is the day Diamond Bar was incorporated 28 years ago! Happy
Birthday Diamond Bar!
C/Tye said that as a friend once told him, it's not free, it's included. It is one of
those events that is not a Personal Choice Service, it is a Community Supported
Service that everyone is happy to have. He was disappointed to hear someone
talk about what he felt was a very, very successful 34th Annual Easter Egg Hunt.
He would love to know how many hours, days, weeks and months it takes to plan
that event which is over in 50 seconds. Some kids were disappointed that mom
and dad did not get them there on time to get an egg. Overall, the Lions do a
great job and it is a good partnership with the City. Overall, people are very
pleased with the event and the Boy Scouts do a terrific job every year with the
Pancake Breakfast. He hoped everyone would join the Council for the annual
Friends of the Library Wine Soiree with many, many restaurants in town
providing samples of their foods. The most important thing about this event is
that every dollar goes to support the library.
MPT/Low stated that the City Birthday Party was truly a great event and a very
nice family day. It was fun to see the kids and especially the dogs and perhaps
there should be a dog contest included in next year's celebration. Thanks to staff
and especially the Parks and Rec staff for their hard work. The Regional
Chamber of Commerce is a big partner in that event and she thanked them for
their participation. She thanked owners who showed off their cars — they were
APRIL 18, 2017 PAGE 17 CITY COUNCIL
really great. Echoing C/Lyons and C/Tye's invitation to the Wine Soiree she said
the library is one of the very few places one can learn, get books, get videos and
it is free and open to everyone which is what this worthwhile and fun event
supports.
M/Lin said the Birthday Party was a lot of fun. He announced that Traffic and
Transportation Commissioner Shakoufeh Mirzaei has resigned because she
moved out of the City. As a result, there is a vacancy on the Commission and
the City Clerk is accepting applications from those interested in serving the City
on a volunteer basis. He attended the Easter Egg Hunt and most people arrived
onsite at 5:00 a.m. to begin setting up for the event. There were 11,000 plastic
eggs placed on the ground which he thought should be enough for everyone. He
felt everyone had fun.
ADJOURNMENT: With no further business to conduct, M/Lin adjourned the Regular
City Council Meeting at 8:06 p.m. to Friday, April 28t" at 8:00 a.m. at City Hall,
AQMD/Government Room CC -7 for Closed Session.
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TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this 2nd day of May 12017.
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JIMMY -L N, MAY R