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HomeMy WebLinkAbout01/16/18 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 16, 2018 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/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Low led the Pledge of Allegiance. INVOCATION: None. ROLL CALL: Council Members Lin, Lyons, Tye, Mayor Pro Tem Herrera, and Mayor Low Staff Present: Dan Fox, City Manager; David DeBerry, City Attorney; Ryan McLean, Assistant City Manager; Ken Desforges, IS Director; David Liu, Public Works Director; Dianna Honeywell, Finance Director; Kimberly Young, Senior Civil Engineer; John Beshay, Associate Engineer; Anthony Santos, Assistant to City Manager; Alfa Lopez, Senior Management Analyst; Dannette Allen; Management Analyst; Amy Haug, Human Resources/Risk Manager; Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: BUSINESS OF THE MONTH: 1.1 M/Low and Councilmembers presented a City Tile to Dr. Donna Earnheart, owner of the Village Animal Hospital, 23379 Golden Springs Drive, as Business of the Month for January 2018. 2, CITY MANAGER REPORTS AND RECOMMENDATIONS: CMIFox reported that The Coffee Bean & Tea Leaf is scheduled to open tomorrow morning and hoped everyone would drop by and welcome them to the community. The Chamber of Commerce plans an official Ribbon -Cutting Ceremony the early part of February. In addition, Chipotle will open on Thursday. This is an exciting week for Diamond Bar with two new businesses opening their doors to the community. 3. PUBLIC COMMENTS: Pui-Ching Ho, Diamond Bar Library Manager, announced that on Wednesday, January 24th at 1:00 p.m. the Asian Americans Advancing Justice will offer an informative presentation on Advanced Healthcare Directives, Durable Power of Attorney and California Statutory Wills. Individual consultations will be available for lower income individuals and seniors 62 years and older. On Saturday, JANUARY 16, 2018 PAGE 2 CITY COUNCIL January 27th at 3:00 p.m. individuals will learn simple beauty recipes with ingredients found in the kitchen and facial massage movements that can be done at home. The library will host a Bubble Science Show on Wednesday, January 31St at 4:00 p.m. All ages are welcome. For further information on these and other events, check out the library's website at colapublib.org/libsldiamondbar/ Allen Wilson said that Diamond Bar has different neighborhoods and he would like to have the City consider neighborhood banners similar to those he saw on a recent trip to Vancouver, B.C. in addition to the military banners. He provided a concept design for Council's consideration. Lee Paulsen spoke about concerns regarding the Millennium Development project including bulldozing of several acres of South Coast Live Oak riparian forest behind Kicking Horse Drive. Residents obtained an independent ecological report that found that the habitat was heavily dominated by sensitive Coast Live Oaks. He read the 2006 EIR for Millennium which, in his opinion, is poorly written and outdated and is a travesty of minimizing inaccuracies and misdirection. The City's General Plan Update project shows a Red Line Existing Conditions Habitat map on Page 13 of the Existing Conditions report which does not show any Coast Live Oak Woodland in the recently damaged area or anywhere in the City except for one small area in the north. LA County Oak Woodland maps indicate that Diamond Bar has a dominate Coast Live Oak Woodland in the City which is further verified by using the CDFW Eco -System ID data. His concern is that the paid consultant says there is no Oak Live Woodlands anywhere else in the City except in the north corner and because of illegal bulldozing that is what has been cut down. Robin Smith said she has heard troubling reports about damage being caused by Millennium. She is concerned about the value of the community and something she treasurers which is the oak woodlands and habitats. She has read all of the EIR reports and believes they are inaccurate. She understands that there is better science today and believes Diamond Bar deserves the best information available to it. According to the Planning Department the City has no law or code to protect resident birds like the raptors and the gnatcatchers in the Coastal Scrub when making trails or any other so-called improvement on private property. She believes that private residences should not be categorically exempt because CEQA says that the exception to that rule is "if there is a special sensitive environmental area on that property." She provided before and after photos of the Millennium project grading. Millennium has a legal right only for ingress/egress and they do not have a right to come on private property on a slope. Guwen Wang, DBHS student, commented on the Millennium Development project. She understands it is nearly impossible for the Planning Department staff to detect shady business practices or reputations of applicants. Yet, the public's inquiry about these emerging connections/patterns, intensify public concerns as to what guardrails are in place to assure neighborhood integrity — JANUARY 16, 2018 PAGE 3 CITY COUNCIL especially, one small parcel at a time, because over time, small parcels cumulatively impact the entire City's ecosystem. She wanted to know by itemized cost the financial burden to the taxpayers of legal problems with Millennium Development that have incurred. Furthermore, what will the City do to stop damages to private properties incurred by New Millennium? She asked that her questions be answered in writing by February 24, 2018 and said that a copy of her speech with her email address and sources will be emailed to the City. Diego Tamayo voiced concerns about the City's policy on Oak Woodlands as of this point in time. He asked for an explanation as to why the Millennium Tract 53430 project was not subject to the Los Angeles County Woodland Conservation Guide. Why hasn't the City of Diamond Bar initiated what is right for these Oak Woodlands? Aren't we a Tree City, USA? For the future General Plan Update will the City adopt and implement LA County Oak Woodland Conservation Guide 2014? He asked that CCDIGubman explain the development process for environmentally sensitive projects. Does the City plan to hire an Urban Forester who is trained to ensure the best practice in landscape services and tree management. Mr. Wu who resides on Kicking Horse showed a photo of the backyard of his property which shows that a fence he put up about two years ago was allegedly destroyed by a contractor who was hired by Millennium after Christmas 2017. He and his family just returned to their home yesterday and discovered that Millennium had constructed a fence and yellow tape on his property which left them with no access to portions of their property. 4. RESPONSE TO PUBLIC COMMENTS: CA/DeBerry responding to the complaints regarding Millennium indicated they have the right to clear that site to develop its homes. Many speakers were concerned that the EIR that was done in 2006 was inadequate, but the reality is that the City cannot reopen that EIR unless there is some significant change in the project. So Millennium has had the right to develop their property in accordance with the EIR and in accordance with the mitigation measures which, the City acknowledges they have violated and the City is taking care of those violations at this point in history. With respect to the Kicking Horse ridge property, the City has looked at this issue before and most recently in a matter that is currently being litigated, the Court looked at this issue and found that Millennium has an easement over those private properties and they can go upon those private properties to develop and construct Alamo Heights Drive. At least preliminarily, the Court has found on Millennium's behalf that they have the ability and it could well be that the property owner previous to the gentleman who spoke, gave that easement to Millennium and his property is burdened by that easement. Millennium has the right to go on his private property and develop the street. JANUARY 16, 2018 PAGE 4 CITY COUNCIL C/Lyons asked CA/DeBerry about the resident who claimed that Millennium had put a fence around his property so that he could not get to all of it and whether that would be covered under the easement. CA/DeBerry said it would be difficult to determine without knowing all of the particular facts. If that fence is a screen fence and it is within the easement area of Millennium it is difficult for him to judge how and where it might cut off other parts of his property. If the fence is within the easement area they may have the right to do that and it may actually be required of Millennium. He does not really know the particulars on that fence. ClLyons asked what CA/DeBerry would advise the resident to do if he was not sure. CA/DeBerry said he would need to speak with his own attorney for direction. CILin said that if the speaker is correct and his fence was destroyed would Millennium have an obligation to rebuild the fence. CA/DeBerry responded no, they would not because that fence is within an easement area that will someday be a street and the fence would have had to come down in any event. As a property owner, once an easement is provided to Millennium, Millennium has the right to remove any improvements in order to build its facility. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Winter SnowFest — Saturday, January 20, 2018 — 9:00 a.m. to 3:00 p.m., Pantera Park, 738 Pantera Drive. 5.2 Planning Commission Meeting — January 23, 2018 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Parks and Recreation Commission Meeting — January 25, 2018 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 Joint Meeting of the City Council and Planning Commission (Consideration of preferred Land Use Alternatives for the General Plan Update) -- January 30, 2018 at 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 City Council Meeting - February 6, 2018 -- 6:30 p.m., AQMD/Government Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Tye moved, CILin seconded, to approve the Consent Calendar with the exception of Item 6.3 pulled for separate consideration and discussion by C/Lin. Motion carried by the following Roll Call vote: JANUARY 16, 2018 PAGE 5 CITY COUNCIL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera, MILow None None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1a Study Session Meeting of December 19, 2017—as submitted. 6.1b Regular Meeting of December 19, 2017— as submitted. 6.2 RATIFIED CHECK REGISTER DATED DECEMBER 15, 2017 THROUGH JANUARY 10, 2018 TOTALING $1,442,373.97. 6.4 ADOPTED RESOLUTION NO. 2018-01 QUITCLAIMING THE CITY OF DIAMOND BAR'S INTEREST IN A PORTION OF HAWKWOOD ROAD LOCATED WITHIN TRACT 47850 OF THE DIAMOND BAR COUNTRY ESTATES. 6.5 ADOPTED RESOLUTION NO. 2018-02 APPROVING AN UPDATED INVESTMENT POLICY FOR FY 2017-18 6.6 APPROVED CONSULTANT SERVICES AGREEMENT WITH CDWG TO REPLACE THE CITY'S NETWORK INFRASTRUCTURE AND IMPLEMENT NEW SECURITY APPLICANCES FOR A NOT -TO -EXCEED AMOUNT OF $160,567.78. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.3 ADOPTED RESOLUTION NO. 2018-03 APPROVING A LAND AND WATER CONSERVATION GRANT APPLICATION IN THE AMOUNT OF $2.5 MILLION DOLLARS FOR THE DESIGN AND CONSTRUCTION OF THE FUTURE SUNSET CROSSING PARK PROJECT. CILin stated that the cost to build the park if proposed to be $5 million and this grant is for half of that amount. Is there a time within which the City must build the park or does the City have to wait until all of the funds are in place prior to construction? CM/Fox said it is staff's understanding that if the City is successful in getting the grant awarded to the City the City will be advised this fiscal year and will be able to begin including that in the upcoming budget for FY 2018-19. The maximum grant amount is $2.5 million. Part of the process is the design which will have public participation through community outreach. Once the type of amenities have been determined staff will be in a position to determine a true budget and how much of the grant can be utilized. It is a 50150 match and there are funds that the City will need to put up for construction and staff believes it will be able to accommodate that in the upcoming Capital Improvement Budget. JANUARY 16, 2018 PAGE 6 CITY COUNCIL CILin asked what the chances are of being awarded the grant. CM/Fox said staff believes it is pretty strong because the City is underserved with parks in that portion of the community and is something for which the City will successfully compete. C/Lyons asked if the funds were available for this proposed project because of the measure that was passed for the LA County Parks. CM/Fox responded that this is a state -level grant and there would potentially be other funding sources that the City could potentially tap for a successful project. CILin moved, C/Lyons seconded, to Adopt Resolution No. 2018-03 approving a Land and Water Conservation grant application in the amount of $2.5 million for the Design and Construction of the future Sunset Crossing Park Project. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera, MILow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7, PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 CITY FACILITY USE, RENTAL AND ALLOCATION OF PARKS AND ATHLETIC FIELDS POLICY UPDATES, AND SCHEDULES OF RATES, FEES AND CHARGES FOR PARKS & RECREATION FACILITY RENTALS PROGRAMS AND SERVICES. ACM/McLean presented staff's report stating that Items 8.1A and 8.1 B are two separate'resolutions, one establishing policies for the Use, Rental and Allocation of City Facilities and the second resolution establishing Rates, Fees and Charges for Parks & Recreation Facility Rentals, Programs and Services. This project began in 2016 with a citywide Comprehensive User Fee Study which looked at all of the City's fees and charges for different types of services, programs and rentals and was completed in February 2017. In April 2017 the Fee Study Subcommittee was created with MILow and ClLyons serving as members. In May the Council adopted the Fee Study's recommendations for fee revisions in Development and Administrative Services and directed staff and the subcommittee to return with recommendations for Parks & Recreation Fees and Policies. In September and October the subcommittee met with staff to consider some JANUARY 16, 2018 PAGE 7 CITY COUNCIL options that were presented and made recommendations for the Parks and Recreation Fees and Policies. These recommendations were presented to the Parks & Recreation Commission at their November 2017 meeting during which the Parks & Recreation Commission unanimously approved the subcommittee's recommendations as presented. In December 2017 a presentation of the recommendations was made to the City Council during a Study Session. Council provided input which was incorporated in the item before the Council for consideration this evening. The reason the City is looking at policies in addition to the fees is because many of the Parks & Recreation Fees are based on terms and conditions that are set forth in policy documents including those for the Diamond Bar Center, the Diamond Bar Use Policy and the Park, Athletic and Facility Use Policy and the Fee revisions require corresponding Policy revisions. After reviewing the existing policies, it is recommended that the two existing policies mentioned be separated into three as follows which are now before the Council: 1) The Facility Use and Rental Policy sets guidelines for the Diamond Bar Center (DBC), Heritage Park Community Center and Pantera Park Activity Room. 2) The Athletic Facility Use and Allocation Policy_ sets guidelines for all City -allocated athletic facilities, including those owned by local school districts and operated under a joint use agreement. 3) The Park and Picnic Use and Rental Policy sets guidelines for all parks and picnic facilities in the City. 4) The proposed Fee Schedule applies to each of the policies. The Policy and Fee amendments before the City Council have been revised with the goal of increasing clarity to staff and the public, improving customer service, creating new efficiencies where available, setting equitable methods of allocation of public facilities to applicants and, reducing City subsidization for long-term financial sustainability. It should be noted that all fee -related changes are included in staff's report and if approved, those policies and fee changes would apply only to new rental contracts and new registrations in community programs. ACM/McLean proceeded to summarize the proposed changes as contained in the staff report. C/Lyons asked for clarification if the maximum number of hours that would be allocated free (no -cost) to the senior groups was 236. JANUARY 16, 2018 PAGE 8 CITY COUNCIL ACM/McLean responded that ClLyons was correct. Based on the days and the time that each room would be allocated for priority senior use, the per week totals 236 hours. ClLyons felt it was important for the community to realize the amount of programming space that is being allocated to the seniors which is very substantial and very important to the City. MILow asked if the senior time amounted to 60 percent use. ACM/McLean said he would check and report back. MPT/Herrera thanked MILow and ClLyons for their contribution and staff for a very thorough review and analysis of what the City does and how it can be improved through this revision and update. MILow asked if in addition to the ordinance to prohibit marijuana the City had a policy of no tobacco smoking within the Diamond Bar Center and Heritage Park Center. ACM/McLean said the current practice included within the policy presented this evening that smoking is not allowed within the Diamond Bar Center while it is allowed in specific areas away from the building. MILow asked for Public Comment. With no one present who wished to speak on this item, MILow closed Public Comments. CILin moved, ClLyons seconded, to A) Adopt Resolution No. 2018-04 Establishing Policies for the Use, Rental and Allocation of City Facilities, Parks and Athletic Fields, and B) Adopt Resolution No. 2018-05 Establishing Schedules of Rates, Fees and Charges for Parks & Recreation Facility Rentals, Programs and Services. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera, MILow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 THE MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE (MSRC) GRANT APPLICATION TO PURCHASE AN ELECTRIC CHARGING STATION, TWO ELECTRIC VEHICLES, AND A HEAVY DUTY NEAR ZERO EMISSION VEHICLE. JANUARY 16, 2018 PAGE 9 CITY COUNCIL. SMA/Lopez: presented staffs report stating that this item would authorize staff to apply for the MSRC Fund outlined in staff's report. Eligible project categories to meet this goal include the purchase of clean air vehicles and funding for charging stations public or private. The proportional share of funding set aside for the City of Diamond Bar is $73,930. The proposed grant application submittal includes the purchase of an electric vehicle charging station at City Hall and three clean air vehicles. This program is a guaranteed funding for the City of Diamond Bar. It is non-competitive and it is a voluntary program. Requirements include tonight's presentation and adoption of the resolution in order to receive authorization for staff to move forward with the application. With tonight's presentation, the City has met three out of the four application requirements. If the City Council elects to adopt the resolution, staff would begin the application process to secure the funds and move forward with the project as outlined in staff's report. MPTIHerrera asked if when the City applies it is guaranteed to receive the funds. SMA/Lopez said that MPT/Herrera was correct as long as the City meets the program categories which it has because the types of projects were outlined in the application that meet the guidelines. i CITye asked what, if any, strings are attached to this. SMA/Lopez explained that part of the funding mechanism behind the MSRC is the guaranteed annual funding for the City of approximately $70,000 for clean air projects for which the City would use matching funds. Requirements for funding include staff coming back at a future date to present options for City Council to adopt a fee so that the City can recover some of the maintenance and energy costs associated with the Electric Vehicle Charging Station. CITye said he was not concerned about staff doing what they needed to do but he is worried about this organization coming to the City and saying by the way, we forgot to tell you about this, or by the way, we're implementing this. Is staff at all concerned about that possibility? SMA/Lopez explained that the implementation timeline is about 60 months and does not foresee that there would be any concerns the City would have in implementing the project in a timely fashion. C/Lyons asked if the Charging Station would come back to Council in terms of access to the charging station, who can use it and what the fees will be, etc. which will take place prior to installation. JANUARY 16, 2018 PAGE 10 CITY COUNCIL SMA/Lopez responded yes, there are several items that will come back once staff has the greenlight to move forward. Staff will be working with partners from Edison, put together a design, scope of work and request for proposal and anything further required for the purchasing ordinance. M/Low asked where the money comes from for this project — state funding or federal grants. SMA/Lopez said that there is a portion of money set aside when the vehicle is registered that is set aside for the funding of MSRC projects. A portion of the grant is a matching program such as today's grant and another is funds that are earmarked for cities which is part of the AB 2766 mentioned in staff's report. MILow asked for Public Comments. There being no one who wished to speak on this item, MILow closed Public Comments. MPT/Herrera moved, C/Tye seconded, to Adopt Resolution No. 2018-06 approving a Mobile Source Air Pollution Reduction Review Committee Grant Application in the amount of $73,930 and authorized the City Manager, or Designee, to Execute and Submit all Documents Necessary to Accept, Administer and Expend_ the Grant Funding. Motion carried by the following Rall Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Lin, Lyons, Tye, MPT/Herrera, MILow None None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye encouraged everyone to join in the festivities of the SnowFest on Saturday from 9:00 a.m. to 3:00 p.m. at Pantera Park. Tons of snow will be brought in, people will engage in sledding and supporting the non -profits selling food and goodies. He wished everyone a very Happy New Year. MPT/Herrera echoed C/Tye that it will be a lot of fun on Saturday at the Snow Fest. She wondered if the rain would dampen the event. CM/Fox said there is a slight chance of rain on Friday and staff is not too concerned. Saturday should be a beautiful day although somewhat cooler. Fingers crossed that the rain on Friday does not hinder anything. MPT/Herrera said that due to heavy rains last year was canceled but it should be JANUARY 16, 2018 PAGE 11 CITY COUNCIL a lot of fun this Saturday. Happy New Year to everyone! CILin wished everyone a Happy New Year — a new year brings new home and new prosperity to the City and all residents. It was a big surprise to hear that one of the biggest advocates of the SR57/60 Confluence Project is retiring from Congress. Congressman Ed Royce is retiring and Diamond Bar may have to work a little harder to make sure it acquires the funding to fix the freeways which is a very timely matter. Congressman Ed Royce is wished good luck. C/Lyons expressed her extreme appreciation to ACM/McLean and other staff members who worked tirelessly for months to update and consolidate the City's Park Policies and fees. Previously, these items were somewhat disorganized and now they are very organized, consolidated and easy to understand and the rates have been brought up a bit which is good for the City considering costs have gone up as well. She and MILow very much appreciate all of staff's hard work and is glad the item passed the Council unanimously. She congratulated staff on starting a new Organics Recycling program that will reduce food waste. She thinks it will be a good thing to do and she looks forward to hearing from staff on how well the program is working and perhaps she will start one at home. In terms of upcoming events, don't miss the SnowFest. Also on Tuesday, January 30th there will be of great interest to adults, a joint meeting of the Planning Commission and City Council at 6:30 p.m. in the Windmill Room to discuss recommendations from the General Plan Advisory Committee regarding the future of Diamond Bar. MILow complimented ACM/McLean and his staff for their hard work in putting the Fee Schedule and Policies document together. She is so impressed about how he and his staff work, especially in the area of field allocation with the users who are very demanding with their time and schedules. Staff members. give of themselves over and above to satisfy those requests — thank you for your excellent customer services to Diamond Bar residents. It is a new year and she agrees with CILin that there are a lot of exciting things happening. The Coffee Bean & Tea Leaf is opening, Chipotle is opening and she can't wait for The Habit to open. Things are looking good and it is exciting. She is also excited about an item on tonight's Consent Calendar which was the grant for $2.5 million for creation of a new park in the northern part of Diamond Bar. The parcel is on Sunset Crossing next to the Pony fields which will be a nice addition because there are no parks in that area. It might take a while and it will take a lot of work so thank you in advance to staff for putting together the massive grant application and all of the work the park will take. It may take a couple of years to come to fruition but it is very exciting to look forward to a new park for the residents. Another item on the Consent Calendar was the updates to the City's investment policies which is a project that is headed by the Finance Department. This highlights the City's goal in financial stewardship and it is an expression to residents that the City is taking care of its finances and highlights the goal of transparency in City government which better serves the City and its residents. Thank -you to everyone for joining the Council this evening and she hopes to see JANUARY 16, 2018 PAGE 12 CITY COUNCIL everyone at the SnowFest on Saturday. ADJOURNMENT: With no further business to conduct, MILow adjourned the Regular City Council Meeting at 7:49 p.m. Ly f R TM \TOM YE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 6th day of February---- , 2018. 6n4-5--� RUTH LOW, MAYOR