City Council Agenda
Tuesday, November 15, 2022
Closed Session 5:30 PM
South Coast Air Quality Management District/Room CC-8
21865 Copley Drive, Diamond Bar, CA 91765
Regular Meeting 6:30 PM
South Coast Air Quality Management District/Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765
PUBLIC ADVISORY:
Consistent with State Assembly Bill 361, members of the City Council may be present or participate telephonically. Members of the public are encouraged to participate and address the City Council during the public comment portion of the meeting either in person or via teleconference. If you would like to attend the meeting in person, please note that face coverings are recommended.
How to Observe the Meeting From Home:
The public can observe the meeting by calling +1 (562) 247-8422, Access Code: 827-222-568 OR visit:
https://attendee.gotowebinar.com/register/5192373720446144524.
How to Submit Public Comment:
The public may provide public comment by attending the meeting in person, by sending an email, or by logging into the teleconference. Please send email public comments to the City Clerk at [email protected] by 4:00 p.m. on the day of the meeting and indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members, noted for the record at the meeting and posted on the City’s official agenda webpage as soon as reasonably practicable (found here: http://diamondbarca.iqm2.com/Citizens/Default.aspx).
The public may log into the meeting through this link:
https://attendee.gotowebinar.com/register/5192373720446144524. Members of the public will be called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise.
American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839- 7010 within 72 hours of the meeting. City Council video recordings with transcription will be available upon request the day following the Council Meeting.
The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus.
NANCY A. LYONS
Council Member
STAN LIU
Council Member
STEVE TYE
Council Member
RUTH M. LOW
Mayor
ANDREW CHOU
Mayor Pro Tem
City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana
DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited to attend and participate. Copies of staff reports or other written documentation relating to agenda items are on file and available for public inspection by contacting the Office of the City Clerk. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours.
PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council’s subject matter jurisdiction. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk.
Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration.
Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. A person who disrupts the orderly conduct of the meeting after being warned by the Mayor or the Mayor’s designee that their behavior is disrupting the meeting, may result in the person being removed from the meeting.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3, Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. The City Council may take action on any item listed on the agenda.
HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010 Computer access to agendas: www.diamondbarca.gov
General information: (909) 839-700
Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours.
THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA TELECONFERENCE, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED.
THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND IS ALSO AVAILABLE FOR
LIVE VIEWING AT
HTTPS://ATTENDEE.GOTOWEBINAR.COM/REGISTER/5192373720446144524 AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
November 15, 2022
CLOSED SESSION 5:30 p.m., Room CC-8; In person only
– no teleconference.
Public Comments
Public Employee Appointment
Pursuant to Government Code
section 54957
Title: City Attorney
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Deacon Al Guerrero, St. Denis
Catholic Church
ROLL CALL: Liu, Lyons, Tye, Mayor Pro Tem
Chou, Mayor Low
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Through My Lens Photo Contest Winners
1.2 Small Business Saturday Proclamation
1.3 Diamond Bar Restaurant Week Presentation
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS:
"Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or other matters of interest not on the agenda that are within the subject matter jurisdiction of the Council. Although the City Council values your comments, pursuant to the Brown Act, members of the City Council or Staff may briefly respond to public comments if necessary, but no extended discussion and no action on such matters may take place. There is a five-minute maximum time limit when addressing the City Council. At this time, the teleconference moderator will ask callers one at a time to give their name and if there is an agenda item number they wish to speak on before providing their comment. If you wish to speak on a public hearing item or council consideration item, you will then be called upon to speak at that point in the agenda.
4. SCHEDULE OF FUTURE EVENTS:
4.1 Coffee with a Cop – November 22, 2022, 5:30-7:30 p.m. Paris Baguette, 21050 Golden Springs Drive, Ste C105.
4.2 Planning Commission Meeting – November 22, 2022, 6:30 p.m. online teleconference and Windmill Room, 21810 Copley Dr.
4.3 Parks and Recreation Commission Meeting – Cancelled.
4.4 City Offices will be closed Thursday November 24, and Friday November 25, 2022 in observance of the Thanksgiving Holiday.
4.5 Windmill Lighting – December 4, 2022, 5:00-6:00 p.m. Grand Avenue at Diamond Bar Boulevard, Diamond Bar, CA 91765.
4.6 City Council Meeting – December 6, 2022, 6:30 p.m. online teleconference and SCAQMD Main Auditorium, 21865 Copley Dr.
5. CONSENT CALENDAR:
All items listed on the Consent Calendar are considered by the City Council to be routine and will be acted on by a single motion unless a Council Member or member of the public request otherwise, in which case, the item will be removed for separate consideration.
5.1 CITY COUNCIL MINUTES OF THE NOVEMBER 1, 2022 REGULAR MEETING.
5.1.a November 1, 2022 Regular City Council Minutes
Recommended Action:
Approve the November 1, 2022 Regular City Council meeting minutes.
Requested by: City Clerk
5.2 RATIFICATION OF CHECK REGISTER DATED OCTOBER 26, 2022 THROUGH NOVEMBER 8, 2022 TOTALING $2,158,188.54.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
5.3 TREASURER'S STATEMENT
Recommended Action:
Approve the October 2022 Treasurer’s Statement.
Requested by: Finance Department
5.4 CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY
COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES
SUBJECT TO STATE OPEN MEETING LAWS.
Recommended Action:
Adopt 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.
Requested by: City Manager
5.5 AMENDMENT TO THE CITY OF DIAMOND BAR FRINGE BENEFITS FOR FY 2022-2023.
Recommended Action:
Adopt Resolution No. 2022-56 Amending City of Diamond Bar Fringe Benefits for FY 2022-23.
Requested by: City Manager
5.6 GENERAL FUND BUDGET ADJUSTMENT FOR RECREATION
CONTRACT SERVICES.
Recommended Action:
A. Appropriate $115,000 from the General Fund (Fund 100) to Recreation Contract Classes (100520-55320); and
B. Approve an increase to General Fund budgeted revenues for Recreation Contract Classes in the amount of $172,500 (100-48340).
Requested by: Parks & Recreation Department
5.7 AWARD OF CONSTRUCTION AGREEMENT TO YUNEX LLC FOR THE
LED ILLUMINATED STREET NAME SIGN AND HIGHWAY SAFETY
LIGHT REPLACEMENT PROJECT (CIP # TM23201).
Recommended Action:
A. Determine that the proposed project is Categorically Exempt (Class 2) from the California Environmental Quality Act pursuant to section 15302 of the CEQA Guidelines;
B. Approve, and authorize 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 $1,016,185; and
C. Appropriate $176,200 from the Measure M Fund (Fund 203) Fund Balance to the CIP Fund (Fund 301) for Project #TM23201.
Requested by: Public Works Department
5.8 APPROVAL OF FINAL PARCEL MAP 82066 AND SUBDIVISION
AGREEMENT TO SUBDIVIDE A 5.73-ACRE SITE INTO FOUR (4) FEE
SIMPLE COMMERCIAL PARCELS OVERLAYED WITH AN AIRSPACE
SUBDIVISION OF 34 CONDOMINIUM UNITS IN A THREE-STORY
OFFICE BUILDING LOCATED ON THE EAST SIDE OF BREA CANYON ROAD BETWEEN LYCOMING STREET AND THE SR-60 FREEWAY,
KNOWN AS THE BREA CANYON BUSINESS PARK (LYCOMING, LLC)
Recommended Action:
A. Determine 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. Adopt Resolution No. 2022-57 approving Final Parcel Map 82066; and C. Approve, and authorize the Mayor to execute the Subdivision Agreement.
Requested by: Public Works Department
5.9 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.
Recommended Action:
A. Determine 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. Approve, and authorize the Mayor to sign a Bus Shelter Franchise Agreement with Focus Media Group, Inc., through June 30, 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 $100,300 for contract change orders, to be approved by the City Manager, for a total authorization amount of $1,199,957.11;
2. Administration and revenue sharing of a Bus Shelter Advertising Program; and
3. Maintenance Services for all bus stop amenities and shelters citywide.
Requested by: Public Works Department
5.10 NOTICE OF COMPLETION FOR THE AREA 1 RESIDENTIAL &
COLLECTOR STREETS REHABILITATION AND THE GOLDEN
SPRINGS DRIVE ARTERIAL STREET REHABILITATION BETWEEN
BREA CANYON ROAD AND LEMON AVENUE - PROJECT NOS.
SI22105 & SI22103.
Recommended Action:
Approve, and authorize the Public Works Director to file, a Notice of Completion.
Requested by: Public Works Department
6. PUBLIC HEARINGS:
6.1 ADOPTION OF THE 2022 CALIFORNIA BUILDING STANDARDS
CODES (TITLE 24 C.C.R. PARTS 2, 2.5, 3, 4, 5, AND 11) WITH LOCAL AMENDMENTS.
Recommended Action:
Open public hearing, receive public testimony, approve for second reading by title only, waive full reading, and adopt Ordinance No. 03 (2022).
Requested by: Community Development Department
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.
Recommended Action:
A. Open Public Hearing to receive public testimony;
B. Determine that the proposed code amendment is not subject to CEQA pursuant to Sections 15061(b)(3) and 15305 of the CEQA Guidelines; and
C. Approve for first reading by title only, waive full reading of Ordinance No. 04(2022); and schedule the second reading and adoption at the next regularly scheduled City Council meeting.
Requested by: Community Development Department
7. COUNCIL CONSIDERATION: NONE.
8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS:
9. ADJOURNMENT: