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HomeMy WebLinkAbout10/02/18 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 2, 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 Dist rict[Govern me nt Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: MILow led the Pledge of Allegiance. Shaykh Nomaan Baig, Institute of Knowledge, provided the Invocation. 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, David Liu, Public Works Director; Greg Gubman, Community Development Director; Ryan Wright, Parks & Recreation Manager; Dianna Honeywell, Finance Director; 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. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 MILow and Council Members presented Certificates of Recognition to the Porter Family for opening their homes during an evacuation at Diamond Bar High School. The Gehringer family was unable to attend. NEW BUSINESS OF THE MONTH: 1.2 MILow and Council Members presented a Certificate Plaque to Tancca Tea House, 1123 Grand Avenue as New Business of the Month. Owners were unable to be present. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. 3. PUBLIC COMMENTS: Allen Wilson inquired about the Brown Act for three City Councilmembers to be at the same event and whether the public would be able to comment on Item 8.1. .teff Lowe, owner, Alchemy Theater, asked if his small community theater group could be located at 249 S. Diamond Bar Boulevard. MILow suggested Mr. Lowe meet with City staff to discuss his objectives. OCTOBER 2, 2018 PAGE 2 CITY COUNCIL CI 5. CILin said he loved theater and was very happy that Mr. Lowe was making this proposal RESPONSE TO PUBLIC COMMENTS: CM/Fox indicated that accepting public comments on Item 8.1 would be at the pleasure of the Council. SCHEDULE OF FUTURE EVENTS: 5.1 Diamond Bar Restaurant Week — October 5th through 211t with 23 restaurants participating. Check out www.dbrestaurantweek.com for all of the latest participants and their restaurant week specials. 5.2 Planning Commission Meeting — October 9, 2018 — 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Traffic and Transportation Commission Meeting — October 11, 2018 — 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 City Council Meeting — October 16, 2018 — 6:30 p.m., ACMDIGovernment Center Auditorium, 21865 Copley Drive. 5.5 Halloween Party (Fall Fun FestivaI/Barktoberfest) -- October 27, 2018 -- 9:00 a.m. to 12;00 noon — Pantera Park, 738 Pantera Drive_ 5.6 America Recycles Day — November 3, 2018 — 9:00 a.m. to 2:00 p.m., AQMDIGovernment Center, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Lyons moved, MPTIHerrera seconded, to approve the Consent Calendar with C/Lyons pulling Item 6.4 for separate action. 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 6.1 APPROVED CITY COUNCIL MINUTES: 6.1 a REGULAR MEETING OF SEPTEMBER 18, 2018 - as presented. 6.2 RATIFIED CHECK REGISTER DATED SEPTEMBER 13, 2018 THROUGH SEPTEMBER 26, 2018 TOTALING $1,457,180.98. 63 APPROVED TREASURER'S STATEMENT FOR AUGUST 2018. OCTOBER 2, 2018 PAGE 3 CITY COUNCIL 6.5 APPROVED DESIGN AND PLANS AND AWARD OF AGREEMENT TO MICON CONSTRUCTION, PLAYGROUND SURFACING REPLACEMEN CONSTRUCTION INC. FOR THE T AND ADA IMPROVEMENTS PROJECT AT STARSHINE PARK - CDBG PROJECT NO. 60186617. A) APPROPRIATED $16,341 OF CDBG FUND RESERVES TO THE FISCAL YEAR 2018-19 CAPITAL IMPROVEMENTS PROGRAM (CIP) BUDGET FOR THE PLAYGROUND SURFACING REPLACEMENT AND ADA IMPROVEMENTS PROJECT AT STARSHINE PARK; B) ADOPTED RESOLUTION NO. 2018-40 APPROVING THE DESIGN AND PLANS, AND ESTABLISHING A PROJECT PAYMENT ACCOUNT, FOR THE PLAYGROUND SURFACING REPLACEMENT AND ADA IMPROVEMENTS PROJECT AT STARSHINE PARK; C) REJECTED THE ALTERNATE BID SCHEDULE AND ALTERNATE BID ITEMS (#13-21) IN THE AMOUNT OF $16,992; AND, D) APPROVED AND AUTHORIZED THE MAYOR TO SIGN, A CONSTRUCTION AGREEMENT WITH MICON CONSTRUCTION, INC. IN THE AMOUNT OF $127,936 APPROVING THE BASE BID SCHEDULE, PLUS A CONTINGENCY AMOUNT OF $7,590, FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $135,526. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.4 FIRST AMENDMENT TO AGREEMENT FOR CITY REQUESTED ENHANCEMENTS DURING CONSTRUCTION OF NEW RAMPS AT LEMON AVENUE AND STATE ROUTE 60 BY AND BETWEEN THE CITY OF DIAMOND BAR AND THE ALAMEDA CORRIDOR -EAST CONSTRUCTION AUTHORITY. A) APPROPRIATE $60,000 OF MEASURE ME FUND RESERVES AND $45,000 OF MEASURE R FUND RESERVES TO THE FISCAL YEAR 2018-19 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR THE LEMON AVENUE INTERCHANGE AT THE STATE ROUTE 60 FREEWAY PROJECT; B) APPROVE THE TRANSFER OF $20,000 OF MEASURE ME FUND SAVINGS FROM PROJECT #26016 (GROUNDWATER DRAINAGE IMPROVEMENTS - PHASE 1) TO PROJECT #23316 (LEMON AVENUE INTERCHANGE AT SR 60) IN THE FISCAL YEAR 2018-19 CIP BUDGET; AND, OCTOBER 2, 2018 PAGE 4 CITY COUNCIL C) APPROVE AND AUTHORIZE THE MAYOR TO SIGN, THE FIRST AMENDMENT TO THE AGREEMENT WITH THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS TO INCREASE THE NOT - TO -EXCEED AMOUNT TO $165,000. C/Lyons asked for reassurance that future groundwater drainage projects would continue to be funded. CM/Fox stated that that was correct. The savings staff proposes to transfer to this project is a result of the amount saved from two recent storm drain projects that came in under budget. The additional projects in the CIP are separate line items and will continue to be funded. CILin asked why $165,000 was being appropriated when the amendment is for $125,000. CM/Fox responded that the total contract is for $165,000 and the amendment adds $125,000 for the paving. The current $40,000 contract for the Lemon Avenue Interchange project is for a variety of landscape enhancements, traffic signal modifications, traffic signage and striping under the City's responsibility. The contract is being amended from $40,000 to $165,000 for a net increase of $125,000. CILin asked if the 1 Y acres of land that was vacated on the McDonald's site for the on and off ramps would be deeded back to the City of Diamond Bar once the ramps are closed. CM/Fox responded that staff has indicated an interest in having "first right -of - refusal" over that property if and when the State goes through the vacation process. CILin felt the property would be a perfect location for a public arts display. C/Lyons moved, MPT/Herrera seconded, to approve Item 6.4 as stated. 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. PULIC HEARINGS: NONE. 8. COUNCIL CONSIDERATION: 8.1 ECONOMIC DEVELOPMENT STATUS REPORT. OCTOBER 2, 2018 PAGE 5 CITY COUNCIL CM/Fox said that in response to MPT/Herrera's request staff is providing and update on the new development and existing programs and businesses in the City. There has been a lot of interest in the new Sprouts Center (former Kmart site) which in the past year has opened Sprouts, Coffee Bean Tea Leaf, Chipotle and Ross with The Habit Burger Grill being under construction with an opening estimated close to the end of 2018/early 2019. The Charles Company, owner of the center, has been actively marketing the property to fill remaining vacancies and continues to have interest in acquiring a variety of businesses including banks, nal salons, restaurants and other retailers. Staff continues to work with the Charles Company on a regular basis and hopes to, in the very near future, share good news with respect to additional tenants. McDonald's is located in the Center but under separate ownership and recently made a major investment in the rehabilitation of their store and remodeling of the fapade and drive-through lane at Diamond Bar Boulevard and Gentle Springs Drive. The Walnut Pool site located on Golden Springs Drive near the Caltrans facility and the SR57160 overpass was remodeled last year and is in the process of leasing a new 8500 square foot office complex. There has been a lot of interest in Big Lots; however, CM/Fox believes the owner has some unrealistic expectations on price. Staff has presented him with a number of national retail tenants who have not been able to reach agreement on business terms. They are currently looking to remodel the building to be split up into smaller commercial spaces they feel would garner them more suitable rents that would meet their financial business model. The Hampton Inn Suites is moving forward with their entitlements, currently in- the environmental review and traffic analysis stage, for the Brea Canyon Road trailer storage site. The project is for 109 hotel rooms which ,will serve as a significant investment in that portion of the community and clean up some unsightly conditions. There are approximately 48,000 square feet of professional office and medical space and about 9,500 square feet of retail and restaurant uses that will be bundled on the site with the hotel. This project should be moving through the Planning Commission and City Council process in early 2019. In the Gateway Corporate Center, the Holiday Inn just spent $12 million on renovating their hotel which was a private investment in the community. The new DB Grill and Lounge, the restaurant inside the hotel, is open. In addition, they are restaurant week participants. This serves as another indication that there is a real investment/reinvestment in Diamond Bar which is encouraged. Niagara Water will be moving their headquarters from Ontario to Diamond Bar into a 30,000 square foot office building purchased in the Corporate OCTOBER 2, 2018 PAGE 6 CITY COUNCIL Center. It is anticipated they will begin Tenant Improvements this fall and be ready to occupy the site in early 2019 with approximately 700 employees. This supports the notion that the City is able to market itself as a corporate center/daytime destination with current large employers such as AQMD, Niagara, Allstate and other businesses. Some of the current programs include: A City Council Economic Development Committee consisting of Councilmembers Lyons and Herrera meets quarterly with staff to provide updates and to discuss different programs and initiatives that are -ultimately brought to the City Council as deemed appropriate. Restaurant Week which kicks off this Friday, October 5th and runs through October 21st is probably the City's most visible program and a great way to celebrate and bring the community together. Last year the City began partnering with SCORE, a non-profit business resource organization of thousands of volunteer business counselors who are former CEO's of Fortune 500 companies who volunteer their time to teach people how to run a business and mentor aspiring entrepreneurs and business owners. The City hosts workshops at the Diamond Bar Center and have one-on-one mentoring sessions at no cost that are hosted at City Hall by appointment. The General Plan Update will include a new Economic Development Element which is not a requirement by the State but something the City chose to create because of the importance of economic development in the community. This element will respond to public interest in creating a town center and will include town center areas and focuses and include policies that will encourage that type of growth and vision for the future as well as, policies for new and existing businesses. Other organizations and resources include continuing participation with the Regional Chamber of Commerce to sponsor and support local and regional events including Restaurant Week as well as, the San Gabriel Economic Partnership who advocate for industry and business as well as, offer support for things such as the SR57160 Confluence Project and advocate for funding at the state, local and federal level. When this infrastructure is completed, it will help to attract new businesses and residents who want to be in this area. Diamond Bar actively participates in the International Council of Shopping Centers to market its available sites and facilitate communications between property owners and potential tenants. ; In addition, the City takes advantage of a variety of other professional resources and services related to financial and others who perform analysis of projects including Keyser Marston Associates. Kosmot Companies has helped and continues to help the City secure hotel sites, infrastructure financing options and other real estate services. HdL Company provides the City's property tax estimates, sales tax estimates OCTOBER 2, 2018 PAGE 7 CITY COUNCIL and has been instrumental on the retail side of securing some of the more recent transactions including Smart & Final, Waba Grill, Sprouts, Ross, Chipotle and everything having to do with the Charles Company. HdL has also helped the City prepare an Economic Development Action Plan that was approved by the City Council last October which provides the roadmap where the City identified seven different areas of the community,' each with a separate market and demographics. MPT/Herrera thanked CM/Fox for his very comprehensive overview of all of the different things Diamond Bar has been doing over the past many years, particularly at the ICSC where staff and Council Members take brochures about each shopping center to show the schematics of the center and where the vacancies are and how many square feet of space is available which are handed out to businesses that residents would like to have come to Diamond Bar. MPT/Herrera asked CM/Fox who makes the final decision about whether a business comes or does not come to this City? CM/Fox said that ultimately, it is a business decision between the property owner and the prospective tenant. Diamond Bar staff and Council can facilitate the communications, impress potential tenants with the City's demographics and point them to different amenities throughout the community, but ultimately, if the owner and prospective tenant are unable to agree on the basic business terms, there is not much more the City can do. CITye said that a member of the public commented that there are so many empty store fronts and "we're not addressing them" and really, nothing could be further from the truth. Walmart made the decision to come to Diamond Bar (an international corporation); Coffee Bean and Tea Leaf has been around for 50 years, was started in Los Angeles and they made the decision to come to Diamond Bar; Chipotle saves residents the trouble of driving to City of Industry or Walnut because they came to Diamond Bar — and those decisions are being made for good reason. He wonders how many people remember a time when the Council led a campaign to persuade Trader Joes to come to Diamond Bar and locate in what is now the Super H Mart property. They delivered 11,000 post cards to Trader Joes to convince them that this is the right place. They liked the demographics, they liked the traffic count, but didn't like the location and chose to go elsewhere. There are a lot of moving parts, but he does not believe it is fair to say that we are not addressing them. We're helping the folks that own the former Big Lots, we are with the ICSC and doing everything we can. Again, we're not the realtor or property owner and we're not really trying to say "come rent from us", we're saying "this is what is available". He believes that when the City turned around Vons leaving, Hagan occupying overnight, Hagan leaving after a few months and fortunately, landing Smart & Final Extra, whether OCTOBER 2, 2018 PAGE 8 CITY COUNCIL one likes that format or not, Diamond Bar is fortunate to have that storefront occupied and producing sales tax revenue for the City. He thinks overall, the City is doing everything it can do in every possible arena. C/Lyons thanked CM/Fox for the very comprehensive update and there are good things working and there are good things signed. And she imagines that a lot of people were unaware that Diamond Bar was getting a Hampton Inn & Suites which was something that was signed fairly recently. And it seems to her that there is something else on that property that may not yet be signed. CM/Fox said that staff is unaware of anything other than what has been mentioned including a separate retail building, a restaurant building and a medical and professional office building that will be part of that development. MPT/Herrera said that some people get frustrated with the vacancies and there have been some businesses that are attracted to a different location who talk with the property owner and determine, that because of the high rent being asked, they back out. Is there anything that the City can do to impose a lower rent? CM/Fox responded that there really is nothing that the City can do to affect the rents. Rent control for commercial uses is actually prohibited under state law. There is not really anything from a legislative standpoint that the City can do to manage or control the amount of rent the market will bear. MILow opened the item for public comment. Bob Velker, stated that although he praised the City Council for the action plan he felt that the report didn't have a date on it. He feels that the reports was lacking in data, substance, direction and is very superficial. He hopes there is more to it than this. CILin asked Mr. Velker what "document" he referred to. Mr. Velker stated that it was the report that was attached to the agenda for tonight's meeting. With no further public comments made, MILow closed public comments. CM/Fox explained that the attachment in the agenda packet is the three- year development action plan that was reviewed at two study sessions by the City Council in June and October 2017. It is intended to be a high- level document to maintain flexibility and to be able to be responsive to changes in the market and changes in property conditions. Overall, it sets OCTOBER 2, 2018 PAGE 9 CITY COUNCIL the commitment to work toward economic development and what the City can do and what the City cannot do with respect to these opportunity areas as they come and go over time. The actual information that is passed out to perspective tenants is contained in separate documents. Further, this document is intended to be an interactive process which can be updated and the City can be flexible moving forward and conditions change. MILow said that the document has the various areas divided into inter - regions within the City and within each of the areas there are overall objectives as well as, specific tasks that relate to the particular focus areas which seems to her to be a very organized way of handling it. The subcommittee meets quarterly so that the Council and staff is keeping a close watch on this and measuring the pulse of the economic viability of these areas. As members of the City Council, nothing happens without money as everyone knows, and the economic development brings in the tax dollars that fund the City's programs, roadway improvements, public safety and even this meeting tonight. One can be sure that the City Council has economic development as one of its top, top priorities together with traffic and public safety. She appreciates the comments this evening and she thanked CM/Fox for his excellent report. CILin said that despite what has been said this evening he believes the staff of this City has done a very good job in growing economic development. He remembers 17 years ago when he first moved to Diamond Bar the Super H Mart site was completely blighted and even the four corners at Diamond Bar Boulevard and Grand Avenue was fairly blighted. And in 17 years these areas have been transported into very viable economic centers for the City of Diamond Bar. The facts speak for themselves and there is no doubt that economic development is an ongoing activity. It is not something one sets a goal that can be attained by a certain date and then quits. It is an ongoing pursuit and he applauds staff's efforts and without the City Council, nothing moves forward. MPT/Herrera said how much she appreciated their constant efforts in this area and in particular to CM/Fox and his staff for putting together this report which shows that the City is doing a great deal in every way and in every year to enhance economic development. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTSICOUNCIL MEMBER COMMENTS: C/Tye said that "silly season" refers to the way people behave before an election, not that "they" are silly. He is sorry if he offended anyone with that comment, but - it does get to what we saw with the senate judiciary committee and the way adults are behaving and the way the mailboxes are full everyday of what he OCTOBER 2, 201 8 - PAGE 10 CITY COUNCIL thinks are at the very least half-truths. Folks posting inaccurate information or misconstruing the facts or implying by innuendo with no chance for anyone to deal with it will be over in 36 days. He encouraged people to vote and exercise their right to do so. It was wonderful to have the Porter family here tonight and to honor them for the action they took. It is very encouraging that a teenager stepped up while mom wasn't home and it shows she raised her kids well. At a recent meeting Mary Lou Vargas and David Hernandez were honored for what they did — stopping their cars at a busy intersection to help someone in need. People in this community know how to take care of each other and the City is grateful for them making this community a better place. His dad told him many years ago there are two things you can be sure of with the Dodgers and the Rams — they will break your heart every year. So with the Dodgers heading toward the World Series let's hope they bring the trophy back to Los Angeles after 30 years. MPT/Herrera spoke about the funeral mass was held for Monsignor Jim Loughnane who passed away on September 17th and thanked the Walnut/Diamond Bar Sheriff's Station personnel for the tremendous job they did in helping with crowd and traffic control. There were a lot of cars and over 1,000 people attended the mass at St. Denis Church and, the Sheriff's Department was a wonderful and helpful presence. CILin echoed CITye's comments about the Porker family and the Gehringer family. This is what defines humanity and Diamond Bar. He asked CAIDeBerry to address Mr. Wilson's question about three Council Members being at the same event whether it violates the Brown Act. CAIDeBerry said he believed the question was should three Counci[members avoid being seen in the same place at any cost and the answer to that is "no." In this and other cities the full contingency of Council Members often attend the same community events such as Concerts in the Park, 4th of July, and various fundraising events for different foundations and, there is something in the Constitution called Freedom of Association and the Brown Act is a very limited restriction on people's rights to associate and it says "a quorum of the Council (3) cannot meet at the same place and time to discuss City business" and never in his 23 years as a City Attorney has he advised the City Council never to be in the same place at any cost. He just advises them not to discuss City business unless it is in a noticed meeting when three or more are present. C/Lyons reported that last Friday she attended the San Gabriel Valley Legislative Power Luncheon where all four speakers were female and they all informed the audience members on a number of legislative issues. One of the speakers was our very own M/Low who spoke very knowledgably about things in Diamond Bar including traffic. M1Low did a great job in representing the City and we are very proud to have her. Tomorrow night starts the beginning of the Read Together Diamond Bar activities at the library with a screening at 5:30 of the film Lion. She OCTOBER 2, 2018 PAGE 11 CITY COUNCIL and many others read the book over the summer. The book was originally titled A Long Way Home and it was updated to Lion. The book is excellent and the movie screening tomorrow is free and she hopes everyone will join her at the library at 5:30. On Sunday she will be at the Diamond Bar Multi -Cultural Festival at Peterson Park from 11:00 a.m. to 3:00 p.m. Restaurant Week starts this Friday MILow thanked C/Lyons for her compliment about the Legislative luncheon. It was a pleasure to be part of a speaking engagement along with Congresswoman Napolitano, Supervisor Hahn and State Senator Chang and what was nice about that was their affirmance and their commitment, each one of them, to helping the City with the SR57160 Confluence project. They all said they were behind the City and that they were working hard to secure the funding for the project. And importantly, they understand how terrible that freeway intersection is and we vow to get that done. She thanked staff for their participation in the event as well. Last week she, Lin and Lyons attended the Evergreen Seniors Association to join them in celebrating the Harvest Moon Festival. This group has over 1000 members who really know how to party. They were celebrating birthday and moon festival with good food, singing and dancing. Be sure to check out the event next year which is open to everyone and is a lot of fun. A special thanks to Mr. Chi, their Chairman and founder for the special recognition. She has noticed that on trash pickup days there are certain people who have gone around the neighborhoods and taking recyclables from various trash cans which is against the law. We have Anti -Scavenging Ordinances so if you see people doing this, please feel free to call the Sheriff's Department to report them. The reason the City has these ordinances is because when people are scavenging into trash bins and looking for recyclables it becomes an act of theft because once the homeowner puts the recycling into the bin and puts it on the sidewalk the recyclables belong to the trash hauler. Also, the City has various goals for recyclables it must meet and when they are being pulled out it could put the City in jeopardy and it creates health hazards and public safety issues, potential of identity theft, etc. Please drive safely in and about the schools, especially during morning arrival and afternoon exit. Bad behavior is dangerous behavior. Please drive safely. She thanked staff for another great month of work which is much appreciated. ADJOURNMENT: With no further business to conduct, IItllLow adjourned the Regular City Council Meeting at 7:41 p��m. TO MYE CRIBBINS, CITY CLERK The foregoing minute are hereby approved this 16tiday of actober , 2018. RUTH M. LOW, MAYOR