HomeMy WebLinkAbout02/20/18 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 20, 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, 21866 Copley Drive, Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Mayor Low led the Pledge of Allegiance.
INVOCATION: Pastor Mark Hopper, Evangelical Free Church of
Diamond Bar provided the invocation.
ROLL CALL: Council Members Lyons, Tye, Mayor Pro Tem
Herrera, and Mayor Low
Absent: Councilmember Lin was excused.
Staff Present: Dan Fox, City Manager; David DeBerry, City Attorney; Ryan
McLean, Assistant City Manager; Ken Desfores, IS Director; David Liu, Public Works
Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development
Director; Anthony Santos, Assistant to City Manager; Amy Haug, Human
Resources/Risk Manager; Marsha Roa, Public Information Manager; Dannette Allen,
Management Analyst; Cecilia Arellano, Public Information Coordinator, and Tommye
Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None.
3. PUBLIC COMMENTS:
Pui-Ching Ho, Diamond Bar Library Manager, announced that the library will host
a jewelry making workshop on Saturday, February 24th at 3:00 p.m. with all
supplies provided. Teens are invited to explore engineering design and
structures with marshmallows, spaghetti and potato chips at the Edible STEM
Challenge on Tuesday, February 27th at 3:30 p.m. Join John Christopher for a
funny and mind-blowing Reading is the Ticket Magic Show to celebrate Read
Across America Day on Thursday, March 1st at 6:30 p.m. All ages are welcome.
For further information on these and other events, check out the library's website
at colapublib.org/libs/diamondbar/
4. RESPONSE TO PUBLIC COMMENTS: None
FEBRUARY 20, 2018 PAGE 2 CITY COUNCIL
5. SCHEDULE OF FUTURE EVENTS:
5.1 Parks and Recreation Commission Meeting — February 22, 2018 — 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.2 Planning Commission Meeting -- February 27, 2018 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive. (Canceled).
5.3 City Council Meeting — March 6, 2018 — 6:30 p.m., AQMDIGovernment
Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: CITye mowed, C/Lyons seconded, to approve
the Consent Calendar as presented. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Lyons, Tye, MPTIHerrera, MILow
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Lin
6.1 APPROVED CITY COUNCIL MINUTES:
6.1a Regular Meeting of February 6, 2018— as presented
6.2 RECEIVED AND FILED PLANNING COMMISSION MEETING MINUTES:
6.2a Regular Meeting of January 23, 2018.
6.3 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMISSION
MEETING MINUTES:
6.3a Regular Meeting of January 11, 2018.
6.4 RATIFIED CHECK REGISTER DATED FEBRUARY 1, 2018 THROUGH
FEBRUARY 15, 2018 TOTALING $1,755,463.59.
6.5 APPROVED SIXTH AMENDMENT TO STREET MAINTENANCE
SERVICES AGREEMENT WITH MCE CORPORATION IN THE AMOUNT
OF $112,580.99 FOR A TOTAL FISCAL YEAR AUTHORIZATION NOT -
TO -EXCEED AMOUNT OF $278,180.99.
6.6 APPROVED DESIGN AND PLANS AND AWARDED CONSTRUCTION
CONTRACT TO PTM GENERAL ENGINEERING SERVICES, INC., FOR
THE COPLEY DRIVE AND GOLDEN SPRINGS DRIVE TRAFFIC
SIGNAL MODIFICATION PROJECT:
FEBRUARY 20, 2018 PAGE 3 CITY COUNCIL
a) ADOPTED RESOLUTION NO. 2018-07 APPROVING THE
DESIGN AND PLANS, AND ESTABLISHING A PROJECT PAYMENT
ACCOUNT FOR THE COPLEY DRIVE AND GOLDEN SPRINGS DRIVE
TRAFFIC SIGNAL AND INTERSECTION MODIFICATION PROJECT;
AND,
b) APPROVED AND AUTHORIZED THE MAYOR TO SIGN A
CONTRACT AGREEMENT WITH PTM GENERAL ENGINEERING
SERVICES, INC. IN THE AMOUNT OF $138,318 PLUS, A
CONTINGENCY AMOUNT OF $14,000 FOR CONTRACT CHANGE
ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL
AUTHORIZATION IN THE AMOUNT OF $152,318.
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 FISCAL YEAR 2017 - 2018 MID -YEAR BUDGET REVIEW.
FD/Honeywell stated that on June 611, 2017, the City Council adopted the
FY 2017-18 Municipal Budget with additional appropriations and
carryovers during the past few months. Tonight's review includes Budget
Performance, Revenue Projections, Expenditure Trends, and Capital
Improvement Project Status.
There is an overall decrease in the Estimated Resources in the amount of
$582,620, the majority of which is related to the ClP budget and deferral of
the Arterial Street Rehabilitation Project on Diamond Bar Boulevard from
the freeway to Sunset Crossing Road, which has been delayed pending
results of the Pavement Management System results. There is an overall
decrease in Appropriations in the amount of $1,156,837 for all funds.
General Fund Resources have been decreased in the amount of
$198,750, a decrease of $12,228 net of the use of reserves. The use of
reserves is down due to the reduction in the transfer -out to the CIP budget
offset by an increase in the amount required for the Lighting and
Landscape Districts for increased water usuage during the dry winter.
General Fund Appropriations are down $79,767. The net effect of these
amendments means the General Fund Reserves will be increased to
$18,014,378.
The Special Revenue and Internal Services Fund changes include the
following: The deferral of the CIP project and many funding source
changes meant that the CIP projects were funded with Special Revenue
Funds instead of General Fund Reserves. Again, the majority of the
revenue changes is due to the transfer of $122,000 into the Lighting and
Landscape District, The Capital Improvement Fund is decreasing by
FEBRUARY 20, 2018 PAGE 4 CITY COUNCIL
$728,000 due to project savings including deferral of the project, pending
completion of the Pavement Management System review as well as,
additional appropriations for the Sycamore Canyon Park area.
During Fiscal Year 2016-17 there was centralization of the maintenance
staff from Community Services to Public Works and as such, Community
Services became known as Parks and Recreation. The Parks and
Recreation Director position has remained vacant with the Assistant City
Manager providing interim supervision and oversight. Staff is
recommending that Council consider filling the Parks and Recreation
Director position. The intent is to have the Director on board after ,duly 1,
2018 and the anticipated annual cost including salary and benefits is
$186,870. There will be no fiscal impact in 2018 and staff is requesting
the authorization in order to commence recruitment for the position.
Staff recommends that the City Council adopt Resolution 2018-08
amending the Fiscal Year 2017-18 City Budget and establish the CASP
Fund, (Certified Access Specialist Program) a new fund for the collection
of the portion of the Business License Fee that is earmarked for increasing
Disability Access and Compliance with Construction -related Accessibility
Requirements and, that the City Council authorize the Parks and
Recreation Director position to be filled.
C/Tye asked if the recruitment would be in-house for the position of Parks
and Recreation Director.
CM/Fox responded that the recruitment for this position will be done by
HR staff.
M/Low asked whether the requested budget is at the level staff expects to
fill the position or is at the highest level of the position.
CM/Fox explained that the budget .amount is at the mid -point of the salary
range, which staff would anticipate the position to be filled at.
M/Low asked about the substantial expenditure for legal fees and asked if
that was reflected in the adjustment.
FD/Honeywell responded that the adjustment is reflected in the
"Amended" column in Exhibit A, Page 2 under Previous Adjustment
column which can be found under "Special Council Legal Fees" showing
the amount of $500,000.
CM/Fox indicated the City would be that much better off had it not incurred
those expenses.
FEBRUARY 20, 2018 PAGE 5 CITY COUNCIL
MILow asked how the decrease in both the gas tax revenues and
appropriations came about.
FD/Honeywell explained that staff received updated revenue projections
which were allocated to CIP projects and back to the General Fund to help
pay for road maintenance, street sweeping, etc. This means that the
amount of money to be transferred back into the General Fund to cover
those costs would be reduced.
MPT/Herrera moved, CITye seconded, to a) Adopt Resolution No. 2018-
08 amending the fiscal year 2017-18 city budget revenue estimates and
appropriations; b) Establish a new fund "CASP (SB1186) Fund" for the
collection of the portion of the business license fee that is earmarked for
increasing disability access and compliance with construction related
accessibility requirements; and, c) Authorize the Parks and Recreation
Director position to be filled.
AYES: COUNCIL MEMBERS: Lyons, Tye, MPT/Herrera,
MILow
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Lin
8.2 ORDINANCE 0X(2018) OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR REAUTHORIZING A PUBLIC, EDUCATIONAL, AND
GOVERNMENTAL (PEG) ACCESS FEE BY ADDING SECTION
13.12.1325 TO THE DIAMOND BAR MUNICIPAL CODE.
AtoCM/Santos presented staff s report explaining that under the current
state -issued video franchise, the City receives PEG Access Fees from
various video service providers. The revenue is one (1) percent of a video
franchise operator's revenue and the City currently receives approximately
$100,000 annually in PEG Access Fees. These funds may be used for
capital equipment expenditures related to Public Television Broadcasting
otherwise known as DBTV in Diamond Bar. Notable DBTV programming
includes City Council meetings (livestreaming), recorded City events such
as Concerts in the Park, and Business of the Month to name a few.
Earlier this year the City was notified that Charter's existing franchise was
renewed. Their interpretation is, that for a City to continue receiving PEG
revenue, a new ordinance is required to be adopted. In order to eliminate
any ambiguity and to ensure continuation of this vital PEG revenue the
ordinance would add Section 13.12.1325 to the Diamond Bar Municipal
Code re-establishing the one percent PEG Access Fee. A revised version
of the ordinance that includes a new Section 2 and 3 has been placed at
the dais.
FEBRUARY 20, 2018 PAGE 6 CITY COUNCIL
Section 2 includes an effective date for this ordinance of January 1, 2018
to make the ordinance retroactive to the beginning of this year. Section 3
includes a severability clause should any provisions of this item be held
invalid.
Staff recommends that Ordinance No. XX (2018) be introduced for first
reading by title only, waive full reading, and schedule the second reading
and adoption at the next regularly scheduled City Council meeting.
C/Tye asked if this ordinance was presented at the request of Charter
in order for the City to receive these PEG fees and, if they had not
brought it to the City's attention would it not be doing so; and, if that is the
case, is staff in agreement with Charter.
CAIDeBerry stated that the way the state legislation reads, it is unclear as
to whether or not there needs to be a re -validation if PEG fees are over
one percent or if PEG fees are charged at all. He has interpreted the
statute to read that if the City's PEG fee is in excess of one percent the
City has to re -validate. Some cable companies including Charter have
read it to mean that if the City is charging any PEG fees at all it must re-
validate the ordinance. It is a difference of opinion in interpretation of the
statute so out of caution it is proposed that the City will re -validate its PEG
fees.
ClLyons wondered how much money is involved.
CMIFox indicated that the City receives about $100,000 annually from the
three different franchise providers.
ClLyons asked if this ordinance would increase the amount.
CM/Fox responded no, it is currently the amount paid and has been part of
the existing franchise agreements. Now with each city's franchise
agreements going away and being replaced by a master state franchise
agreement, cities now have to re -up to continue receiving what the City
has been receiving.
ClLyons moved, MPT/Herrera seconded, to introduce for First Reading by
title only, waive full reading of Ordinance No. XX (2018) and schedule the
second reading and adoption for the March 6, 2018 City Council meeting.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Lyons, Tye, MPT/Herrera,
MILow
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Lin
FEBRUARY 20, 2018 PAGE 7 CITY COUNCIL
8.3 CITY COUNCIL APPOINTMENT OF PARKS AND RECREATION,
PLANNING, AND TRAFFIC AND TRANSPORTATION
COMMISSIONERS.
Council Member Steve Tye appointed.
Tommy Orona, Parks and Recreation Commission (new)
Naila Barlas. Planning Commission (reappointment)
Surendra P. Mehta, Traffic and Transportation Commission
(reappointment)
Mayor Pro Tem Carol Herrera appointed:
Benny Liang, Parks and Recreation Commission (reappointment)
Jennifer "Fred" Mahlke, Planning Commission (reappointment)
Michael Gonzalez, Traffic and Transportation Commission (new)
Council Member Nancy Lyons appointed:
Andrew Chou, Parks and Recreation Commission (new)
Ken Mok Planning Commission (reappointment)
Mahendra Garg Traffic and Transportation Commission (reappointment)
Council Member Jimmy Lin appointed:
Kim Hsieh, Parks and Recreation Commission (reappointment)
Raymond W. Wolfe, Planning Commission (reappointment)
Lisa Washington, Esq. Traffic and Transportation Commission
(reappointment)
Mayor Ruth M. Low appointed:
Manisha Sulakhe, Parks and Recreation Commission (reappointment)
Frank Farago, Planning Commission (reappointment)
Dr. Cynthia Quan, Traffic and Transportation Commission (reappointment)
MPT/Herrera moved, C/Lyons seconded, to ratify the aforementioned
Council appointments. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS, Lyons, Tye, MPT/Herrera,
MILow
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS. Lin
MILow congratulated the appointees and thanked all applicants for their
willingness to serve the community.
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTSICOUNCIL MEMBER COMMENTS:
CITye said that a couple of weeks ago a truck pulled off of the freeway and found
that one of his hydrogen tanks was on fire and within minutes Hazmat, LA
FEBRUARY 20, 2098 PAGE 8 CITY COUNCIL
County Fire, Sheriffs, Diamond Bar personnel, Channel 9, Channel 4 and all of
the networks were on the scene. He received notifications from the City's
emergency broadcast system at work, at home and on his cellphone. PIM/Roa,
ACM/McLean, AtoCM/Santos and CM/Fox were at City Hall at 3:00 a.m. taking
care of this problem. Honestly, one just does not find such dedication and he
believes that most people take whatever happens in Diamond Bar for granted.
He thanked staff very much for a job well done and for a crisis averted.
Tomorrow evening at the Diamond Bar Center from 6:30 to 8:30 p.m. there will
be people speaking about public safety. This will be the seventh session in a
series of seven which have made it around town through different venues. He
encouraged anyone who is interested to participate in the session and share their
concerns. Those in attendance will have an opportunity to speak to all of the
City's Public Safety officials. He hoped that the Council would have an
opportunity to recognize outgoing Commissioners with a City Tile at some point
in the future.
CM/Fox responded to C/Tye that staff plans to bring the matter of recognizing
outgoing Commissioners to the City Council on March 611.
C/Tye congratulated those . willing to serve on Commissions, both new and
returning Commissioners, whose volunteerism and efforts make Diamond Bar a
better community.
MPT/Herrera due to a bad cold did not speak but said she was in agreement with
C/Tye"s comments.
C/Lyons also dittoed C/Tye's well put comments about staffs response to the
hydrogen explosion. On February 9th she was pleased to represent the Council
at the Grand Reopening of the YMCA on Sunset Crossing Road. The facility has
been completely remodeled, freshly painted and boasts new computers and
carpeting. Those looking for pre-school or childcare facilities should check it out.
Last Saturday she and M/Low attended the festivities at the New Year's
Celebration for the Diamond Bar Chinese American Association where they
enjoyed children dancing, dragon dance, food and games. As always, it was
very festive. She expressed her gratitude to retiring Parks and Recreation
Commissioner Dave Grundy and congratulated long time Diamond Bar residents
Bonnie and Richard Kirchner on the occasion of their 50th Wedding Anniversary.
M/Low said that in addition to those mentioned by C/Tye, the Red Cross was
also on the scene of the explosion. ACM/McLean was not only on scene, but
was at the gym talking to residents who had been evacuated to that location. It
was an excellent effort by all of those involved and it shows how Diamond Bar
goes above and beyond and how well the residents are served. Thanks to City
staff for their hard work. The DBCAA New Year Festival at Diamond Bar High
School was a lot of fun with the dragon dancing, singing, songs,. drumming and
FEBRUARY 20, 2018 PAGE 9 CITY COUNCIL
lots of good food. The association works throughout the year and provides
Chinese language courses for children., Anyone who is interested in learning to
speak or teach Chinese might want to get involved with this group which has a lot
of fun. Last week she and C/Lyons also attended a very successful fundraiser
hosted by the Diamond Bar Women's Club. Thank you to all of the members
who helped make it a successful event and for the scholarships they provide.
She reminded parents who drive by schools on their way to work or to drop off a
child, there are a lot of kids and that drivers should please slow down and pay
attention to what is going on around them and not expect kids to be aware of the
vehicles. The kids run across the street or may jaywalk and not follow the signs
and most likely will not be watching out for drivers, so don't block crosswalks and
don't pass other cars that are stopped and don't double park. Most of all, please
be considerate to and of other drivers.
ADJOURNMENT: With no further business to conduct, MILow adjourned the
Regular City Council Meeting at 7:09 p.m. in Memory of Assistant Superintendent
Kenneth Goodson of the Walnut Valley Unified School District.
3t,� (2.&,
TOMMYE tRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this 5th day of March , 2018.
RUTH LOW, MAYOR