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HomeMy WebLinkAbout09/18/18 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 18, 2018 CLOSED SESSION: 5:30 P.M., Room CC -8 Public Comments on Closed Session Items — None Offered. Closed Session Pursuant to Government Code Section 54956.9 Conference with Legal Counsel — Existing Litigation City of Diamond Bar v. City of Industry, et al, Los Angeles Superior Court Case No. BS 173224 City of Diamond Bar v. City of Industry, et al, Los Angeles Superior Court Case No. BS171295 City of Diamond Bar v. Oversight Board of the Successor Agency to the Industry Urban -Development Agency, Successor Agency to the Industry Urban - Development Agency, et al Superior Court of California, County of Sacramento Case No. 34-2017-80002718-CU-WM-GDS. Public Employee Performance Evaluation pursuant to Government Code 54957 Title: City Manager 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. CMIFox stated that no reportable actions were taken during tonight's Closed Session. PLEDGE OF ALLEGIANCE: MILow led the Pledge of Allegiance. INVOCATION: Pastor Jake Kim, Northminster Presbyterian Church provided the Invocation. 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; Ryan Wright, Parks & Recreation Director; Grace Lee, Senior Planner; Anthony Santos, Assistant to the City Manager; Amy Haug, Human Resources/Risk Manager; Dannette Allen, Management Analyst; Cecilia Arellano, Public Information Coordinator; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. September 18, 2018 PAGE 2 CITY COUNCIL 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Low and Council Members presented Certificates of Recognition to Mary Lou Vargas and David Hernandez for coming to the aid of a resident in distress. 1.2 MILow proclaimed September 25, 2018 as "If You See Something, Say Something" National Awareness Day. MILow and City Council Members presented the Proclamation to Captain Reyes. 1.3 MILow and Council Members presented a Certificate Plaque to Paco's Tacos, 1131 S. Brea Canyon Road, Unit 1, as New Business of the Month for September 2018. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. 3. PUBLIC COMMENTS: Manuel Baca spoke about the history of Mt. SAC and asked for support of Measure GO, a $750 million Facilities Bond based on a master plan the school has been working on. Larry Redinger, explained that the Bond Measure, if approved, will support the facilities master plan to prepare students for transfer to four-year colleges and universities, improve student safety and campus security, improve classrooms and learning environments necessary for job training, and upgrade the aging facilities. Mt. SAC has buildings that were constructed in the 50's and 60's which are deteriorating, unsafe and unhealthy and need to be updated to current standards. Susan Pantages, VP Diamond Bar Friends of -the Library, invited everyone to participate in the Second Annual Gently Used Purse Sale fundraising event in the Windmill Room of the Diamond Bar Library on Saturday, November 10tH Mrs. Pantages asked for an update on Tres Hermanos. Pui Ching Ho, Diamond Bar Librarian, spoke about upcoming Library events during the month of October including the Friends of the Library sponsored student one thousand words or fess essay contest "How a Book Changed My Life". Essays are due by Saturday,. October 6t". For additional program information consult the Library website at www.LACountyLibrary.org. Pastor Kim said that his church has focused on homelessness and to that end will sponsor a "Face of Homelessness" symposium on Saturday, November 31d from 11:00 a.m. to 1:30,p.m. This event is open to the public and Deputy Sheller will be one of five speakers. September 18, 2018 PAGE 3 CITY COUNCIL 4: RESPONSE TO PUBLIC COMMENTS: CM/Fox stated that this Council has taken a strong position to oppose any development of a massive solar farm on the Tres Hermanos property and in response to that position, the City has filed three lawsuits over the last year to protect the community's interest in that property. The City of Industry has finally begun to reach out to the City of Diamond Bar in an attempt to resolve those outstanding lawsuits and through -negotiations and discussions, newspapers have reported that the City of Industry is no longer interested in pursuing a solar farm project on the property. Diamond Bar remains cautiously optimistic that that reporting is true and correct. Nonetheless, Diamond Bar will continue to be active and engaged in discussions with the City of Industry to determine their real intentions for the property. At this point Diamond Bar cannot disclose or discuss the contents of those negotiations because they are confidential, but as soon as the City has information to share it will be forthcoming which the Council hopes will be for the ultimate betterment of this community to protect ' the residents' interests. CILin said that this Council is determined to fight to the end to preserve the quality of life of Diamond Bar residents. CITye said that many years ago Bob Huff referred to election time as "silly season" and this is the time folks will hear silly things, especially with the chatter on social media where he saw that one of the council challengers is telling people that this Council has already decided how Tres Hermanos will be developed. When that person was challenged that there were no votes that mentioned anything regarding how it would be developed he responded that of course you're not going to see any votes because they do it behind closed doors. A Closed Session such as the one the Council had today was for two purposes: 1) to consider litigation and 2) talk about public employee reviews. Everything the Council decides that will make a change has to come before the Council in open session. That is why folks elect these Council Members, so that the Council can be held accountable for what is ultimately decided. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — September 25, 2018 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive (Canceled). 5.2 Parks and Recreation Commission Meeting — September 27, 2018 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting — October 2, 2018 — 6:30 p.m., ACMDIGovernment Center Auditorium, 21865 Copley Drive. 5.4 Diamond Bar Restaurant Week — October 5th through 215t with 22 restaurants participating. Check out www.diamondbarrestaurantweek.com for all of the latest participants and their restaurant week specials. September 18, 2018 PAGE 4 CITY COUNCIL 6. CONSENT CALENDAR: C/Lyons moved, CILin seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Cali vote: AYES: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera, M/Low NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1a Regular Meeting Minutes of August 21, 2018 — as presented. 6.2 RECEIVED AND FILED PLANNING COMMISSION MEETING MINUTES: 6.2a Regular Meeting of July 24, 2018. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MEETING MINUTES: 6.3a Regular Meeting of February 22, 2018 6.3b Regular Meeting of June 28, 2018. 6.4 RATIFIED CHECK REGISTER DATED AUGUST 16, 2018 THROUGH SEPTEMBER 12, 2018 TOTALING $1,719,343.72. 6.5 APPROVED TREASURER'S STATEMENT FOR JULY 2018. 6.6 APPROVED NOTICE OF COMPLETION FOR THE MORNING CANYON ROAD REHABILITATION PROJECT #24414 (CDBG PROJECT #60183216) AND AUTHORIZED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION. 6.7 APPROVED NOTICE OF COMPLETION FOR THE GROUNDWATER DRAINAGE IMPROVEMENTS PROJECT — PHASE 1 AND PHASE 2 (PROJECT #'S 26016 AND 26018) AND AUTHORIZED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION. 6.8 ADOPTED RESOLUTION NO. 2018-38 AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL (BIENNIAL UPDATE). 6.9 ADOPTED RESOLUTION NO. 2018-39 APPROVING PROPOSITION A LOCAL RETURN TRANSIT FUND EXCHANGE AGREEMENT WITH THE CITY OF MANHATTAN BEACH IN THE AMOUNT OF $230,000. September 18, 2018 PAGE 5 CITY COUNCIL 6.10 APPROVED TELECOMMUNICATION SERVICES AGREEMENTS WITH JIVE/LOGMEIN, FRONTIER COMMUNICATIONS AND BULLSEYE TELECOM, AND AUTHORIZED THE CITY MANAGER TO SIGN FIVE- YEAR AGREEMENTS FOR TELECOMMUNICATION SERVICES AS FOLLOWS: A) JIVEILOGMEIN IN THE ANNUAL AMOUNT OF $33,111.00; B) FRONTIER COMMUNICATIONS IN THE ANNUAL AMOUNT OF $9,300.00; AND, C) BULLSEYE TELECOM IN THE ANNUAL AMOUNT OF $7,796.88. 7. PULIC HEARINGS: NONE. 8. COUNCIL CONSIDERATION: NONE. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTSICOUNCIL MEMBER COMMENTS: CITye congratulated Juan Garcia, Owner of Paco's Tacos. He is open seven days a week and the reason he is not here tonight is because he is probably working Taco Tuesday. It is incredible that he worked there three years prior to acquiring the business. He saw an opportunity to become an owner and invested in the American Dream. CITye thanked Mary Lou Vargas and David Hernandez who are the true essence of the "If you See Something, Say Something" edict. It is a rare individual who sees somebody in need and steps forward to help. MPT/Herrera was very sad to inform the public that Reverend Monsignor James "Jim" Loughnane passed away last night after suffering an aneurism in his aorta. He was pastor of St. Denis Church for 25 year and was always a faithful attendee and great supporter of the City of Diamond Bar and frequently present at City Council meetings to provide the Invocation. He will be sorely missed. This. is "silly season" and a lot of statements are being made in campaigns and as such, she requested that at the next Council meeting there be an agenda item that speaks to Economic Development and what the process is for bringing new business to the City and what the City is doing to encourage new business to locate in Diamond Bar including participating in the annual International Council of Shopping Centers Convention. ClLyons said that on Thursday she was privileged to fill in for MILow at Diamond Bar Day at the Fair during which four Diamond Bar Community Heroes were honored including Steve Acciani, Pamela Robinson, and Student Community Heroes Natalie Chung and Rachel Wang, both Diamond Bar High School students. On September 10th the Alameda Corridor East Construction and Committee Projects Board dedicated the San Gabriel Railroad Trench. She is September 18, 2018 PAGE 6 CITY COUNCIL very excited about Restaurant Week and she is again planning her strategy for participating with all of the establishments during the event. Like the rest of the Council she will miss Monsignor Loughnane who was a fixture in Diamond Bar. She offered a photo of her first grandchild Nora who was born September 11th and like all babies, is beautiful. CILin said that roadway construction coordination is a challenge adjacent to Diamond Bar. For example, he wonders why Fullerton Road and Fairway were shut down at the same time. In fact, one evening last week the entire interchange of Fairway was shut down, both on and off ramps as well as the road, which created major chaos. It took him 25 minutes to go from Fairway to Grand Avenue and he believes the closures could have been handled differently. MILow commended CM/Fox and staff for two items on tonight's Consent Calendar, Items 6.8 and 6.10. Item 6.8 designates new employees who must complete Conflict of Interest forms. All City Council Members as well as senior staff members are required by law to complete a Conflict of Interest statement because Diamond Bar believes in transparency and because it is the law which the City follows in order to protect the residents of Diamond Bar against decisions that might be made for any other reason except for what is best for the City and its residents. This item expands individuals who now fall under this requirement. Item 6.10 is a new contract with new communication services which allowed the City to acquire new phones and new systems while saving money. Congratulations and thanks to staff for their good work. She congratulated the community volunteers who were recognized at the Fair. On September 9th she joined in celebrating the 25th Anniversary of the Pacific Crest Drum & Bugle Corp. The group will participate in the Rose Parade on January 1St 2019 representing Diamond Bar. Congratulations to the Corp and to Director Stuart Pompel who has been with the organization since its inception. On September 22nd the Diamond Bar Chinese Association celebrates their Moon Festival at Pantera Park where everyone can enjoy Chinese food, fun, music and entertainment galore. She remembered Monsignor Loughnane for his many years of service to Diamond Bar and 25 years at St. Denis Church who was a wonderful, peaceful, kind and humorous presence and who will be sorely missed. ADJOURNMENT: With no further business to conduct, MILow adjourned the Regular City Council Meeting at 7:20 p.m. to September 18, 2018, in memory of Reverend Monsignor Loughnane of St. Denis Church. September 18, 2018 PAGE 7 CITY COUNCIL TOMMYE ORIBBINS, CITY CLERK The forego' g minut are hereby approved this 2nd day of October 2018. f RUTH 'BVI. LOVA, MAYOR