HomeMy WebLinkAbout061819 - Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
.JUNE 18, 2019
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.
Staff Present: Dan Fox, City Manager; Ryan McLean, Assistant City Manager;
David DeBerry, City Attorney; Ken Desforges, IS Director; Anthony Jordan, Parks
Maintenance Superintendent; Ryan Wright, Parks and Recreation Director; Dianna
Honeywell, Finance Director; Greg Gubman, Community Development Director; Marsha
Roa, Public Information Manager; Anthony Santos, Assistant to the City Manager;
Dannette Allen, Management Analyst; and Tommye Cribbins, City Clerk.
PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance.
INVOCATION: Pastor Jeanne Favreau-Sorvillo, Diamond Bar United
Church of Christ, provided the invocation.
ROLL CALL: Council Members Chou, Low, Lyons, Mayor Pro Tem
Tye and Mayor Herrera.
APPROVAL OF AGENDA: As presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Mayor Herrera and City Council Members presented a City Tile to Peter
Bugbee, HR Manager of North America on behalf of Liferay, 1400
Montefino Avenue, as Business of the Month for June 2019
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None.
3. PUBLIC COMMENTS:
Pui Ching 'Ho, Librarian, Diamond Bar Library, spoke about events and programs
available at the library during the remaining days of June and announced that the
LA County Library was named the 2019 Library of the Year by the Gale Library
Journal. To celebrate this significant achievement, local community members are
invited to join the library for a special program on June 261' at 4:00 p.m.
4. RESPONSE TO PUBLIC COMMENTS: None
5. SCHEDULE OF FUTURE EVENTS:
5.1 Concerts in the Park — June 19, 2019 — Pickleback Shine (Country) — 6:30
p.m. to 8:00 p.m. and Movies Under the Stars Team Titan Go! --
Immediately following the Concert, Sycamore Canyon Park, 22930 Golden
JUNE 18, 2019 PAGE 2 CITY COUNCIL,
Springs Drive.
5.2 Parks and Recreation Commission -- June 20, 2019 -- 6:30 p.m., Windmill
Community Room, 21810 Copley Drive.
5.3 Planning Commission Meeting -- June 25, 2019 — 6:30 p.m., Windmill
Community Room, 21810 Copley Drive (Canceled).
5.4 Concerts in the Park — June 26, 2019 -- The Fenians (Irish Music) — 6:30
p.m. to 8:00 p.m. and Movies Under the Stars showing of Goosebumps 2:
Haunted Halloween — Immediately following the Concert — Sycamore
Canyon Park, 22930 Golden Springs Drive,
5.5 Mayor's State of the City — June 27, 2019 — 6:00 p.m. to 7:30 p.m.,
Diamond Bar Center, 1600 Grand Avenue.
5.6 City Council Meeting — July 2, 2019 — 630 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: C/Lyons moved, C/Low seconded, to approve
the Consent Calendar as presented with C/Chou abstaining on Item 6.1 and
C/Lyons pulling Item 6.14 for separate consideration. 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 APPROVED CITY COUNCIL MEETING MINUTES:
6.1a REGULAR MEETING OF JUNE 4,2019—AS PRESENTED.
6.2 RATIFIED CHECK REGISTER DATED May 30, 2019 THROUGH JUNE
12, 2019 TOTALING $955,984.21.
6.3 APPROVED THE COUNTY OF LOS ANGELES MUNICIPAL LAW
ENFORCEMENT SERVICES AGREEMENT (MLESA) FOR A FIVE-YEAR
TERM THROUGH JUNE 30,2024:
A) APPROVED AND AUTHORIZED THE MAYOR TO SIGN THE FIVE-
YEAR MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
(MLESA) BY AND BETWEEN THE COUNTY OF LOS ANGELES AND
THE CITY OF DIAMOND BAR; AND,
B) AUTHORIZED THE CITY MANAGER TO SIGN THE ANNUAL 575,
BASED ON THE COUNCIL -APPROVED APPROPRIATIONS IN THE
ADOPTED OPERATING BUDGET.
ae
JUNE 18, 2019 PAGE 3 CITY COUNCIL
6.4 APPROVED THE ROAD MAINTENANCE SERVICES AGREEMENT
WITH HARDY & HARPER, INC. THROUGH JUNE 30, 2022.
6.5 APPROVED THE MAINTENANCE SERVICES AGREEMENT WITH
GUARANTEED JANITORIAL SERVICE, INC. THROUGH JUNE 30, 2022.
6.6 APPROVED THE SECOND AMENDMENT TO THE CONTRACTOR
SERVICES AGREEMENT WITH NETWORK PARATRANSIT SYSTEMS
FOR SENIOR TRANSPORTATION SERVICES THROUGH JUNE 30,
2020.
6.7 APPROVED FIFTH AMENDMENT TO THE INSTRUCTION SERVICE
AGREEMENT WITH TENNIS ANYONE FOR TENNIS INSTRUCTION
CLASSES THROUGH JUNE 30, 2020.
6.8 APPROVED THIRD AMENDMENT TO CONSULTING SERVICES
AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC. FOR
LANDSCAPE PLAN CHECKING SERVICES THROUGH JUNE 30, 2020.
6.9 ADOPTIONED RESOLUTION NO. 2019-25 AUTHORIZING
PARTICIPATION IN THE NATIONAL INTERGOVERNMENTAL
PURCHASING ALLIANCE TO PURCHASE JANITORIAL SUPPLIES FOR
CITY FACILITIES IN THE NOT -TO -EXCEED AMOUNT OF $65,000 FOR
FISCAL YEAR 2019-2020.
6.10 APPROVED THE SECOND AMENDMENT TO MAINTENANCE
SERVICES AGREEMENT WITH B & T CATTLE FOR WEED
ABATEMENT SERVICES THROUGH JUNE 30, 2020.
6.11 APPROVED THE SECOND AMENDMENT TO VENDOR SERVICES
AGREEMENT WITH EXTERIOR PRODUCTS CORPORATION
THROUGH JUNE 30, 2020.
6.12 APPROVED THE SECOND AMENDMENT TO MAINTENANCE
SERVICES AGREEMENT WITH BEAR STATE AIR CONDITIONING
SERVICES, INC. EXTENDING THE TERM TO JUNE 30, 2020.
6.13 APPROVED MAINTENANCE SERVICES AGREEMENT WITH TRANE
U.S. INC. DBA TRANE, FROM JULY 1, 2019 TO JUNE 30, 2020,
6.15 APPROVED TRANSFER OF UNCLAIMED FUNDS TO GENERAL FUND
REVENUE AND WRITE-OFF OF NEGATIVE DEPOSIT ACCOUNTS:
A) TRANSFER UNCLAIMED FUNDS TOTALING $244,880.74 FROM
PLANNING DEPOSITS, ENGINEERING DEPOSITS AND
UNCASHED CHECKS TO GENERAL. FUND REVENUE; AND,
JUNE 18, 2019 PAGE 4 CITY COUNCIL
7.
B) WRITE OFF $197,089.35 IN NEGATIVE BALANCES ACCUMULATED
IN PLANNING AND ENGINEERING DEPOSIT ACCOUNTS,
6.16 APPROVED PURCHASE OF FOUR (4) SERVERS REQUIRED FOR THE
FINANCE ERP SYSTEM FROM GUIDON TECHNOLOGY SOLUTIONS.
6.17 CANCELLATION OF JULY 2, 2019 CITY COUNCIL MEETING AND
ADJOURN THE JULY 2, 2019 CITY COUNCIL MEETING TO JULY 16,
2019.
ITEMS REMOVED FROM CONSENT CALENDAR:
6.14 APPROVED THE BETTERMENT AGREEMENT BETWEEN THE CITY
OF DIAMOND BAR, CITY OF INDUSTRY AND INDUSTRY
SUCCESSOR AGENCY, FOR THE ENHANCEMENT OF LANDSCAPING
AND TRAFFIC SIGNALS RELATED
PROJECT (PHASE IIA) AT GRAND
DRIVE.
TO THE SR 57160 CONFLUENCE
AVENUE AND GOLDEN SPRINGS
C/Lyons said this item is for enhanced landscape and traffic signals at the
four corners of Grand Avenue and Diamond Bar Boulevard intersection as
part of the SR57/60 Confluence "Big Fix" which was originally estimated at
almost $1.3 million, She is pleased to announce that CM/Fox negotiated
with the City of Industry for them to pay 40 percent of this bill, which to her
is a good example of the Diamond Bar City Manager taking good care of
the City and the City's budget. So instead of paying $1.3 million which
was set aside in the budget, Diamond Bar will pay only 60 percent or
about $759,000 with the City of Industry paying 40 percent, or slightly
more than $510,000.
C/Lyons moved, C/Low seconded, to approve Consent Calendar Item
6.14 as presented. 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
PUBLIC HEARINGS:
7.1 RESOLUTIONS LEVYING ASSESSMENTS ON LANDSCAPE &
LIGHTING ASSESSMENT DISTRICTS (LLAD) NO. 38, 39 & 41:
A) ADOPT RESOLUTION NO. 201926 (LLAD No. 38) TO LEVY AND
COLLECT ASSESSMENTS FOR LANDSCAPE ASSESSMENT
DISTRICT NO. 38 FOR FISCAL YEAR 2019-2020;
JUNE 18, 2019 PAGE 5 CITY COUNCIL
B) ADOPT RESOLUTION NO. 2019528 (LLAD NO. 39) TO LEVY AND
COLLECT ASSESSMENTS FOR LANDSCAPE ASSESSMENT
DISTRICT NO. 39 FOR FISCAL YEAR 2019-2020, AND,
C) ADOPT RESOLUTION NO. 2019-27 (LLAD N0. 41) TO LEVY AND
COLLECT ASSESSMENTS FOR LANDSCAPE ASSESSMENT
DISTRICT NO. 41 FOR FISCAL YEAR 2019--2020.
CM/Fox announced that there would be a brief staff report after which the
Council would move forward to take action on each item individually.
Jerry Bradshaw, Assessment District Engineer, SCI Consulting Group,
provided staff's report. This item consists of three sets of Resolutions that
the Council sees annually for each of the three LLAD districts. District 38
the largest district encompasses the entire City of Diamond Bar and
levying assessments on over 18,000 parcels in the community in the
amount of $15 per parcel for landscape services primarily for the medians
and roadside parkways for some of the main streets. The assessments
will bring in approximately $276,000 next year and the General Fund will
need to subsidize nearly $58,000 additional funds in order to fully pay for
the services in District 38.
District 39 is a small district and has about 1249 parcels assessed in the
east part of town around Diamond Bar Center. This district does
landscape for some of the slopes along the roadways, five mini -parks and
some open space areas near homes where brush work is required to
provide fire -safe zones. This assessment is $236 per home per year and
brings in about $295,000 of revenue with the General Fund adding
revenue next year of approximately $168,000 in order to fully fund these
services.
District 41 is in the southwest part of town off of Pathfinder Road and is a
smaller district with only 554 parcels assessed, each of which pay $220.50
per parcel per year. District 41 has much of the same type of landscaping
as District 39 except that there are no mini -parks and covers slopes along
the roadways and behind the homes with some brush clearance work,
irrigation, maintenance, etc.
Staff recommends that the City Council open the Public Hearing, receive
public comments and take action on each Resolution. There is some
additional work this year that is not normal to these processes. Because
the Council directed SCI in April to start a proceeding to replace districts
39 and 41, that process needed to run concurrently with these
Resolutions.
If the ballot measures for the replacement districts are successful for one
or both districts, the final resolution in those matters would rescind the
JUNE 18, 2019 PAGE 6 CITY COUNCIL
8.
resolutions that the Council is passing tonight for District 39 and/or 41.
M/Herrera opened the Public Hearing at 6:58 p.m.
There being no one who wished to speak on this matter, M/Herrera closed
the Public Hearing at 6:59 p.m.
C/Chou moved, C/Lyons seconded, to Adopt Resolution No. 2019-26
(LLAD No. 38) To Levy and Collect Assessments for Landscape
Assessment District No. 38 or Fiscal Year 2019-2020 (Item A). 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
C/Lyons moved, C/Chou seconded, to Adopt Resolution No. 2019-27
(LLAD No. 41) to Levy and Collect Assessments for Landscape
Assessment District No. 41 for Fiscal Year 2019-2020 (Item C). 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
C/Low recused herself from consideration of Item B and Item 8.1 related
to District No. 39 and left the dais.
MPT/Tye moved, C/Chou seconded, to Adopt Resolution No. 2019-28
(LLAD No. 39) to Levy and Collect Assessments for Landscape
Assessment District No. 39 for Fiscal Year 2019-2020 (Item B).
AYES: COUNCIL MEMBERS: Chou, Lyons, MPT/Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Low
COUNCIL CONSIDERATION:
8.1 FORMATION OF NEW LANDSCAPING ASSESSMENT DISTRICT NO.
39-2019 — RESCHEDULE PUBLIC HEARING TO AUGUST 6, 2019.
Mr. Bradshaw, Assessment District Engineer/SCI Consulting Group
provided staff's report on this item stating that the Council began the
process to create two new replacement districts for Districts 39 and 41 a
JUNE 18, 2019 PAGE 7 CITY COUNCIL
couple of months ago. Based on that work, ballots were mailed out on
May 30th to nearly 1,800 property owners across the two districts with
balloting to run through July 16th, 2019 with the final Public Hearing to be
held that evening with ballots continuing to be cast prior to and through the
final Public Hearing. On June 10th it came to staff's attention that one of
the ballots may have had a misprint on it. In the case of District No. 39
there were three zones created, each with their own rate. Based on the
information staff received, the ballots were checked and it was confirmed
there was an error on the ballots for Zone A and Zone C with the dollar
amounts having been switched. Zone B, the largest Zone with nearly 970
parcels was printed correctly. Various options to correct this error were
discussed between SCI, City staff and the City Attorney and the
consensus was that replacement ballots would need to be reissued for the
275 parcels that were given erroneous numbers. Other issues were
discussed including the 45 -day notice period (from mailing to end of ballot
period) and with the new ballots going out, to make certain to provide the
proper 45 -day notice the clock should start over from the new mail -out.
For District 39, staff is asking that the City Council reset the date of the
Public Hearing to August 6th to provide the proper 45 -day notice from mail -
out of the replacement ballots. - In the course of work with ballot
proceedings replacement ballots is a normal course. Replacement ballots
are issued for all sorts of reasons. This being a seasonal task with an
August 10th deadline to submit the information to LA County in order to get
it on the tax bills, moving the hearing to August 6th pushes it much closer
to the deadline but will not impede submittal of the information if the
Resolution is passed at the Public Hearing and the deadline will be met,
Staff recommends that the City Council Adopt Resolution No. 2019-29
rescheduling the date of the public hearing for Landscaping Assessment
District No. 39-2019 from July 16, 2019 to August 6, 2019. The new
mailing will go to all parcels in the District to notify them of the new
timeline.
MPT/Tye asked if SCI had received any ballots back.
Mr. Bradshaw responded that they had received more than 300 between
the two districts.
MPT/Tye asked how SCI would segregate a ballot that has already been
returned from a "corrected" ballot.
Mr. Bradshaw stated that the letter would indicate that everyone in Zone A
and C would be asked to re -vote and that the ballot with the incorrect
amount would be deemed "invalid". Because the ballots are scanned, the
ballot ID number for the original ballot will render them "invalid".
JUNE 18, 2019 PAGE 8 CITY COUNCIL
MPT/Tye asked if there was a possibility that one parcel could cast two
votes.
Mr. Bradshaw said that this process would preclude that possibility.
C/Lyons asked if the envelope would indicate "replacement ballot" or
might the receiver believe it was a duplicate and discard the ballot.
Mr. Bradshaw said it would not say replacement ballot on the outside.
However, the ballot that shows through the window will be yellow in color
and different from the original mailing.
C/Lyons said she does not believe that because it is yellow through the
window would stand out and that no one would really pay attention to that.
She asked if it was possible to put something on the envelope so that
people would know it was a replacement ballot that needed to be opened.
Mr. Bradshaw said that was a good idea and most likely, they would put a
sticker on the outside next to the window to indicate replacement ballot or
that it needed special attention.
C/Lyons said she believed it would be a good idea because people really
don't pay that close attention to their mail these days, especially believing
they had already voted.
CA/DeBerry said that everyone would also receive a notice letting them
know that they have to vote again so there will be two pieces of mail sent
out — the notice telling them they will be getting a replacement ballot and
that their first vote will not count and if they want their vote to count they
have to revote.
Mr. Bradshaw said there was no template for this sort of problem and that
they intended to send the notice inside the envelope with the new ballot
mailing.
MPT/Tye asked if SCI was bearing the additional cost.
Mr. Bradshaw indicated yes.
C/Lyons moved, MPT/Tye seconded, to Adopt Resolution 2019.29 — to
reschedule the date of the Public Hearing for LLAD No. 39 from July 16,
2019 to August 6, 2019. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Lyons, MPT/Tye,
M/Herrera
NOES. COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Low
JUNE 18, 2019 PAGE 9 CITY COUNCIL
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTSICOUNCIL MEMBER COMMENTS:
C/Chou said it was great to be back having been out of the country for two
weeks. June is a special month for him and he wished his wife a Happy
Birthday. June is also chosen for the LGBTQ Pride Month to commemorate the
Stonewall Riots which occurred the end of June 1969. As a result, many public
events are held during the month to recognize the impact of the LGBTQ
community which he stands with and for, as they are recognized for all they do
for the community.
C/Low reported that on June 11th she attended the Wildlife Corridor Conservation
Authority (WCCA) meeting as the Board Director on behalf of the City. The
original intent of WCCA was to preserve a vast amount of land for the wildlife and
back in the day of the old Prop A there were funds dedicated to acquiring open
space for which $1 million was granted to WCCA. At the June 11th meeting, the
Authority passed a resolution to purchase three high-quality adjoining parcels in
the heart of the conservation space. Because it is a block, it allows wildlife to
have free and unencumbered access and movement. The amount authorized for
the purchase of these three parcels was $150,000 leaving a balance in the fund
of about $150,000. The Authority took a second action to consider purchase of
an additional parcel close to Hacienda Heights if the final price can be
negotiated. In addition, the Authority congratulated the cities of Diamond Bar,
Chino Hills and City of Industry for the acquisition and preservation of Tres
Hermanos for furthering conservation efforts in the area. There are 300 acres of
land in Chino Hills that was not offered; however, depending on how the state
park's acquisition was to move forward, WCCA would take title and later pass
that on to the State of California for parkland. Last Wednesday she enjoyed
Concerts in the Park and hoped everyone would come out for the next concert
tomorrow evening.
C/Lyons congratulated WCCA and Delegate Low for purchasing and preserving
more open space. On June 12th she welcomed hundreds of attendees to the
Asian Business to Business event at the Diamond Bar Center with more than a
hundred businesses and non -profits demonstrating their wares. Congrats to
Mark Ang and his_ committee for the great event and for bringing it to the
Diamond Bar Center. She was sad to announce the passing of Sherman
Griffone who contributed much to Diamond Bar over the past two decades and
who was a major presence in the Diamond Bar Friends of the Library group
having served as Chairman of the Wine Soiree. Sherm felt Diamond Bar should
have a local "spelling 'bee" which was under the Diamond Bar Friends of the
Library in the beginning and when it grew to be very large, it became the Inland
Valley Spelling Bee which literally served thousands of children over the years.
Sherm was a big man with a big laugh and big heart. Her condolences to his
wife Betts and to his family. 'Sherm will be missed by many. Please cheer on
hometown hero and soccer legend Alex Morgan in the Women's World Cup. The
next game for the US is on Thursday against Sweden. Before the Council meets
JUNE 18, 2019 PAGE 10 CITY COUNCIL
again there will be a celebration of the nation's birthday and first Independence
Day Celebration on July 3rd. While it is a change, please check it out and let the
Council know what you like about it and what you think could be better. She
hopes to see everyone tomorrow night at Concerts in the Park.
MPT/Tye reported that on June 6th he'attended his first SCAG Regional Council
meeting as the Representative for District 37 including Diamond Bar. SCAG is
the largest metropolitan organization in the country. It involves six counties, 190
plus cities and 19 million people. It is the first time in his recollection that SCAG
voted to push back on the Regional Housing Needs Assessment (RHNA) number
letting the State know that just like with SB50, cities are not pleased with what
the State is telling them they ought to do. On June 8th it was his privilege to
represent the City at the 19th Annual ALADS Awards Banquet where they
recognized heroic efforts of the LA County Sheriff's. They gave awards for life-
saving, exemplary performance and metals for bravery. The presentation was
proudly provided by the Walnut Station Explorers Color Guard. The End of
Watch tribute paid respect to Deputy Steven Belanger. MPT/Tye said he looks
forward to the day when they can say they held that celebration this year and
there was no End of Watch Ceremony necessary. We just lost Deputy Joseph
Solano last week and we send prayers to his family for his tragic loss. On June
11th he attended and represented the City at the SCAG Census workshop.
There were a lot of interesting topics, one of the most important was, "how do we
avoid a fraudulent county" and there was an excellent presentation by Jamie
Christie who is the Assistant Director of Field Operations for the US Census
Bureau. The bureau is going to hire 400,000 workers over the next 18 months to
help with the census and make sure those numbers are left out of the
employment percentage numbers. If interested, you can follow the census
update process at www.2020census.gov Tomorrow evening, the second in the
series of this year's Concerts in the Park with Pickleback Shine providing country
music. It will be great to see the Miss Diamond Bar Court, food that is offered
and the booths that are available and he hopes to see everyone there.
M/Herrera thanked Council Members for all of the meetings they attend. She
remembers WCCA and she looks forward to more concerts and the celebration
on July 31d to celebrate our nation's birthday.
ADJOURNMENT. With no further business to conduct, M/Herrera adjourned
the Regular City Council Meeting at 7:22 m. to Jufy 16, 2019.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this 16th day of July , 2019.
CAROL HERRERA, MAYOR