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HomeMy WebLinkAbout011519 - Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 15, 2019 CLOSED SESSION: Public Comments: 5:30 p.m., Room CC -8 1►=$1 A.' Closed Session Pursuant to Government Code Section 54956.9(d)(1) Conference with legal counsel — existing litigation City of Diamond Bar v. City of Industry, et al Los Angeles Superior Court Case No. BS173224 City of Diamond Bar v. City of Industry, et al Los Angeles Superior Court Case No. BS 171295 City of Diamond Bar v. Oversight Board of the Successor Agency To the Industry Urban -Development Agency, et al, Sacramento superior Court Case No. 34-2017-8000027 17-CY-WMGDS Closed Session Pursuant to Government Code Section 54956.9(d)(2) Conference with legal counsel — anticipated litigation (one case) CALL TO ORDER: Mayor Herrera 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. CM/Fox reported that there were no reportable actions from this evening's Closed Session. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: None provided. ROLL CALL: Council Members Chou, Low, Lyons, Mayor Pro Tem Tye, and Mayor Herrera Staff Present: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; David DeBerry, City Attorney, Ken Desforges, IT Director; David Liu, Public Works Director; Ryan Wright, Parks and Recreation Director; Greg Gubman, Community Development Director; Anthony Santos, Assistant to the City Manager; Marsha Roa, Public Information Manager; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. JANUARY 15, 2019 PAGE 2 CITY COUNCIL 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 MlHerrera and City Council Members presented a City Tile to Regional Manager Michael -.Tsai and Assistant General Manager Vanessa Carmona on behalf of the Holiday Inn Select Diamond Bar as Business of the month for January 2019. Stephanie Hu representing State Senator Chang's office also provided a Certificate. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS; CM/Fox reminded everyone to expect a significant amount of rain over the next couple of days and encouraged motorists to take extra precautions and be on the lookout for standing water. City crews continue to make sure the streets are draining properly and anyone needing sandbags can obtain them from the local fire stations. 3. PUBLIC COMMENTS, Pui-Ching Ho, Diamond Bar Librarian, spoke about upcoming library events during the remainder of January 2019 including the celebration of Chinese New Year on Saturday, January 26th at 3:00 p.m. Bob Cruz, Public Affairs Manager, Southern California Gas Company spoke about an ongoing issue regarding the delivery of gas to California residents. AB3232 (which did not pass) would have required all new buildings built after 2022 to be "all electric" and would have required existing buildings to be retrofitted to be "all electric" by 2030. It is anticipated that similar proposals will be forthcoming and SOCAL would appreciate Diamond Bar's continued support to defeat any such measures that would take away the balance of natural gas and electricity that currently exists. Greg Agee, LA County Sanitation District employee and an ASMEE union member spoke regarding the District's labor management disputes. He asked that the City consider signing a letter addressed to the District's senior management to withdraw their proposal. 4. RESPONSE TO PUBLIC COMMENTS: None. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — January 22, 2019 -- 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Parks and Recreation Commission Meeting — January 24, 2019 — 6:30 p.m., Windmill Community Room, 21810 Copley Drive. JANUARY 15, 2019 PAGE 3 CITY COUNCIL 5.3 City Council Meeting — February 5, 2019 — 6:30 p.m. AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: ClLyons moved, C/Chou seconded, to approve the Consent Calendar with the exception of Item 6.6 pulled for consideration by ClLyons, and Item 6.7 pulled for separate consideration by C/Tye. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MEETING MINUTES: 6.1a REGULAR MEETING MINUTES OF DECEMBER 18, 2018 AS PRESENTED, 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES OF OCTOBER 9, 2018. 6.3 RATIFICATION OF CHECK REGISTER DATED DECEMBER 13, 2018 THROUGH JANUARY 9, 2019 TOTALING $2,926,032.11. 6.4 APPROVED TREASURER'S STATEMENT FOR NOVEMBER 2018. 6.5 APPROVED FOR SECOND READING BY TITLE ONLY, WAIVED FULL READING AND ADOPTED ORDINANCE NO. 01(2019) — AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA AMENDING THE PROVISIONS OF THE DIAMOND BAR MUNICIPAL CODE RELATED TO STREET VENDING. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.6 APPROVAL OF CONSULTING SERVICES AGREEMENT WITH INTEGRATED CONSULTING GROUP, INC FOR SUNSET CROSSING PARK AND HERITAGE PARK CONCEPTUAL DESIGN SERVICES. ClLyons said she is excited for the community to move forward with Sunset Crossing Park and renovation of Heritage Park. She asked if the Prop A dollars for Sunset Crossing Park was sales tax dollars. CM/Fox explained that the Prop A Funds are the -local return from the County Safe Parks Act that was passed. ClLyons asked why these funds would not be available for Heritage Park as well. JANUARY 15, 2019 PAGE 4 CITY COUNCIL CM/Fox explained that this was being done through distribution of funds that was included in the budget. As the City moves forward, it can be adjusted based on available funding. Staff was hoping to balance that out as it works through the process and utilizes grants and other funding sources before relying on the General Fund. ClLyons asked about the comprehensive neighborhood outreach program and while it seems that Sunset Crossing Park is a neighborhood park, Heritage Park seems to draw people from across the City due to the available amenities and wondered how big a neighborhood would be served. CM/Fox said that level of detail has not yet been determined. Staff will work with the consultant team and conduct a robust effort with social media and other means of communicating citywide so that people can participate if they wish. ClLyons said she was happy to see that amenities and designs should be provided for each park's conceptual design by summer 2019 and wondered if as in other cities, Diamond Bar could consider a "themed" park concept. Given the opportunity for a "themed" park and splash pad which might be more expensive, she asked if the community could be presented with choices "A", "B" and C", for example with these different levels and price points to allow for consideration of additional amenities and the possibility of fundraising to include additional amenities. CM/Fox said that in consulting with PRDNVright, staff anticipates providing multiple options and multiple amenities to allow for discussion as well as, be financially feasible. MPT/Tye asked for clarification of Prop A funds and whether the City gets X -number of dollars for which the City has designated a certain amount to Sunset Crossing. CILow asked if improvements for Heritage Park included improvements to the existing community center. CM/Fox responded that the Scope of Work includes both interior and exterior consideration. ClLyons moved, CILow seconded, to approve Consent Calendar Item 6.6. Motion carried by the following Roll Call vote; AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JANUARY 15, 2019 PAGE 5 CITY COUNCIL 6.7 APPROVAL OF DESIGN AND PLANS, AWARD OF CONSTRUCTION AGREEMENT TO CEM CONSTRUCTION CORPORATION, APPROVE FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH ]MEG CORPORATION FOR THE SYCAMORE CANYON PARK SLOPE EROSION AND TRAIL REPAIR PROJECT, APPROPRIATE GENERAL FUND RESERVES, 'AND TRANSFER OF PROP A EXCHANGE FUNDS TO THE GENERAL FUND. CM/Fox responded to MPT/Tye that it has been almost two years to the day that staff has been working to resolve this issue since the storm caused the damage. MPT/Tye said that there has been constant social media attention during the past two years about why it hasn't been fixed. CM/Fox indicated that the appropriation under Item D is $188,701 to fully fund it which means that roughly $1 million will come from FEMA. CM/Fox said that staff anticipates that amount from FEMA. The construction cost is roughly $1 million and staff expects to get roughly 93 percent of,that covered which means the City's out-of-pocket cost would be about the appropriation amount of about $188,701 with the City's construction related cost portion being about $62,000 (6.25 percent) along with other soft costs. The net FEMA portion will be about 93 percent of the entire project and FEMA has committed to covering the 93 percent. C/Chou thanked staff and Council Members for their diligence on moving this project to a successful conclusion. He asked when the design phase and construction would begin. CM/Fox said that staff anticipates construction will commence as soon as possible, probably by March, depending on the weather. The contractor has indicated that this will be about a six month project that should be completed by the end of summer/early fall to open the trail. Given the significance of this project, Council will most likely hold a ribbon -cutting dedication and celebratory grand reopening the trail and facility. CILow asked the initial amount FEMA committed to for this project. CM/Fox said that when the disaster first happened, FEMA committed to the 93 percent share to help repair it. However, when FEMA looked at the area their estimate was $240,000. From that point, staff spent a significant amount of time arguing with FEMA and explaining to them what a landslide in California means and what needs to be done to put a slope back together. FEMA's initial proposal and cost estimates basically included spraying some gunite underneath the staircase to stabilize it and packing the dirt back down with a new v -ditch which does not mitigate the area from an engineering standpoint. The entire slope needs to be over- JANUARY 16, 2019 PAGE 6 CITY COUNCIL excavated and layered back up and a new staircase has to be constructed and properly installed. Based upon the City's engineering and management staff's prepared plans, the City was able to finally convince FEMA of the appropriate Scope of Work. C/Low seconded MPT/Tye's motion to approve Consent Calendar Item 6.7. Motion carried by the following Roll Call vote. AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Chou, Low, Lyons, MPTITye, M/Herrera None None M/Herrera congratulated staff on their tenacity in continuing to work with FEMA to bring this to a successful conclusion. While it has been difficult for residents to remain patient, she believes they will be well -served with the completion of this project over the long term. 7. PULIC HEARINGS: NONE. S. COUNCIL CONSIDERATION: 8.1 APPOINTMENTS TO THE PLANNING COMMISSION, PARKS AND RECREATION COMMISSION, TRAFFIC AND TRANSPORTATION COMMISSION AND GENERAL PLAN ADVISORY COMMITTEE TO FILL THE UNEXPIRED TERMS. A) Ratify the appointment of Aaron Salo to the Parks and Recreation Commission by Council Member/Lyons; and, B) Ratify the appointment of William Rawlings to the Planning Commission, Allen Wilson to the Parks and Recreation Commission, John Hoffner to the Traffic and Transportation Commission ; and, Gary Busteed, Lee Paulson and Andrew Wong to the General Plan Advisory Committee by Council Member Chou. M/Herrera moved, C/Low seconded, to continue this item to February 19, 2019. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye, MlHerrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JANUARY 15, 2019 PAGE 7 CITY COUNCIL 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTSICOUNCIL MEMBER COMMENTS: C/Chou wished everyone a Happy New Year and reported that he attended the League of California Cities meeting on January 3rd on behalf of the City and participated in the subcommittee meeting afterward. On January 4th he attended the ribbon -cutting ceremony for Future Improve Wellness located next to Walmart and on January 9th a ribbon -cutting ceremony for Arthur Murray Dance Studio and looks forward to the Baskin-Robbins Grand Opening. C/Low wished everyone a Happy New Year and thanked residents for attending tonight's meeting. She thanked staff for their excellent work in getting the funding from FEMA. This is another example of how the City's disciplined approach to fiscal prudence is accomplished. Before jumping into mitigating the situation, the City took the time to acquire the funds to complete the project in the best possible way. In the long run, this approach guarantees a much better project outcome and in this case, something that will be safe for the residents. She thanked the community for their patience and understanding in this matter. She is particularly excited about the Baskin-Robbins Grand Opening on Saturday, January 26th beginning at 12 noon. Also on the horizon is the Lunar New Year Celebration on February 5th. This year it is the Year of the Pig which the Diamond Bar Chinese American Association will be celebrating at Diamond Bar High School on February 9th at 10:00 a.m. As CM/Fox indicated earlier Diamond Bar is getting some rainy weather and she hoped that everyone would drive carefully, especially when near schools and during rush hours and please watch for seniors and children crossing in the crosswalks. C/Lyons thanked staff for battling with FEMA to get the funds to complete the flood mitigation at Sycamore Canyon Park. The $800,000 was well worth the wait. Last week she was asked by three Diamond Bar High School students to assist them in making a video about "free speech" and the limitations of free speech. The students came up with some very thought-provoking questions about free speech. Everyone had a lot of fun making the video which was turned in as homework and subsequently submitted in a national contest and she will let everyone know what comes of that. The Pacific Crest Drum & Bugle Corps celebrates its 25th Anniversary and were able to celebrate by being in the Rose Parade representing Diamond Bar. Congratulations to Executive Director Stuart Pompel and the participants. Monday is the day of celebration of Martin Luther King's Birthday. We all know about the "I have a Dream" speech. Another Martin Luther King quote is "if I cannot do great things, I can do small things in a great way" and she asked everyone to ponder that quote because all of us can do small things in a great way. MPT/Tye stated that Diamond Bar residents pay taxes and send money to the federal government and it is appropriate that the City request those funds when there is an emergency and when something has happened to the City's properties. No matter what the incident is, the City is still entitled to the JANUARY 15, 2019 1PAGE 8 CITY COUNCIL resources and the City should avail itself of those resources whenever possible. He is very grateful to staff for staying after it and making sure that FEMA and Washington D.C. understand what things require and cost in Diamond Bar, California. Last week he spent a few days in Sacramento as the City's representative to Contract Cities for the annual visit with legislators make certain they are aware of Diamond Bar's concerns. He believes Contract Cities does an exemplary job of making sure cities understand that we are stronger together as a voice to present to Sacramento. As an example, Bob Cruz spoke early this evening on behalf of SOCAL and what Sacramento is deciding what will be good for all. Contract Cities has 11 priorities and three were taken up with the legislators, assembly people, and senators. For example, homelessness affects all cities as well as, public safety and the impacts on communities as a result of what has happened because Sacramento thinks they know better. What Mr. Cruz was talking about is very definitely about local control. Diamond Bar is with Mr. Cruz and MPT/Tye said he appreciates that Mr. Cruz will assist Diamond Bar when necessary and thanked him for speaking out this evening. MlHerrera said that as C/Chou stated, there have been a few ribbon -cuttings and many more scheduled. She too, is looking forward to Baskin-Robbins free treats and is looking forward to the upcoming Business of the Month for.the Arthur Murray Studio which she feels is very prestigious for Diamond Bar to have among its businesses. She is also looking forward to the owners speaking about what they went through during the year it took them to become an Arthur Murray Studio. With Council concurrence, MlHerrera directed staff to schedule on the February 5th agenda an informational update on General Plan activities and perhaps bring the consultants along to talk about the timeline of the General Plan and when it will come to the City Council to assume the responsibilities of getting the General Plan update process completed and filed. ADJOURNMENT: With no further business to conduct,,, MlHerrera adjourned the Regular City Council Meeting at 7:15 p.m. C `',; ? � tis, �,;- ;• ,• , TOMMYE (tRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 5th day of Fehr„an7 , 2019. CAROL HERRERA, MAYOR