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HomeMy WebLinkAbout082019 - Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 20, 2019 CLOSED SESSION: Public Comments: 5:30 p.m., Room CC -8 None ► Public Employee Performance Evaluation Pursuant to Government Code Section 54957 Title: City Manager CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:32 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; David Liu, Public Works Director; Ryan Wright, Parks and Recreation Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Marsha Roa, Public Information Manager; Amy Haug, Human Resources/Risk Management Manager; Cecilia Arellano, Public Information Coordinator; and, Tommye Cribbins, City Clerk. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: None provided. ROLL CALL: Council Members Chou, Low, Mayor Pro Tem Tye and Mayor Herrera. Absent: Council Member Lyons was excused. APPROVAL OF AGENDA: As presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Herrera and City Council Members presented a City Tile and floral arrangement to City Clerk Tommye Cribbins on the occasion of her retirement after 30 years of service to the City of Diamond Bar. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Fox introduced Captain Reyes, LASD, who provided an update on public safety. He spoke to concerns about the safety of the City stating that for 2018 the focus has been on larceny thefts and the department saw a decrease during the last quarter compared to 2017 and there continues to be a 20 percent decrease in residential burglaries. When looking at other burglaries, there has AUGUST 20, 2019 PAGE 2 CITY COUNCIL been a slight increase; however, overall there has been no significant increase in crime and Diamond Bar continues to be one of the safest cities in LA County. Speaking to the rumor that there are only two patrol units to cover the entire City of Diamond Bar, this is inaccurate. Deployments are based on the crime trends occurring throughout the City on a shift -to -shift basis and for any one of the three shifts, the department deploys a minimum of four units and a maximum of eight units. Capt. Reyes, further stated that any commercial businesses that would like information on hardening their business, Deputy Aaron Scheller is available to meet with business owners, plaza owners, and shopping center owners regarding the Business Watch program. During evening and early morning hours when cleaning crews are on-site, they should be encouraged to report any suspicious activities. C/Chou asked Capt. Reyes to explain how the Volunteer Program helps with Public Safety, and to encourage people to participate. Capt. Reyes said that residents of the community can volunteer their time to assist with public safety through the Volunteer on Patrol program who make patrol checks of businesses and daily vacation checks for residents. Anyone who is interested in becoming a volunteer can contact Sgt. Darren Luter, Diamond Bar/Walnut Station. C/Low asked if there were stickers for the businesses to indicate they were a member of the Business Watch program. Capt, Reyes responded that Deputy Scheller provides handouts to businesses and residents. Deputy Aaron Scheller reported that the department and the City have started a Business Watch Program. The goal for the Sheriff's Department is for all of the shopping centers to have a Business Watch meeting to discuss safety, hardening of established buildings, and talking with property management and property owners about how they can help and assume responsibility for reducing crime for their businesses. One of the resources they receive is a window cling for the Business Watch program that tells the public they are a part of the safety program of the City helping to reduce crime rates within the City. Business owners can call him at (909) 595-2264 or contact him at his City Hall office (909) 348-8334). MPT/Tye reiterated "if you see something, say something". In all cases, call the Sheriff's Department for all public safety related issues. PUBLIC COMMENTS: Teri Muse, Waste Management Representative for Diamond Bar, provided a mid- AUGUST 20, 2019 PAGE 3 CITY COUNCIL year review of the services that Waste Management offers to the City of Diamond Bar. M/Herrera asked staff to include information on the At Your Door program in the next City Newsletter. Ms. Muse stated that residents can call 1-800-449-7587; email atyourdoor(a)-wm.com; or, go to the website www.wmatyourdoor.com to schedule pickups. Robin Zhang spoke in opposition to converting one tennis court to pickleball courts at Maple Hill Park. Wen Li Chen said she would be okay with lines drawn for pickleball players to play during the day so that at night people can still play tennis. Ton Li Hu opposed converting tennis courts into pickleball courts and said he agrees with Wen Li that the court could be multi -functional. Andrew Wen said that Diamond Bar has a large population of tennis players. There are times on the weekend when there is insufficient space to play tennis and players have to go to other cities to find a court and if one court is converted for pickleball it will make it even more difficult for tennis players. He suggested that the City build new courts in open spaces per pickleball standards which he said he and others would support. Frank Lin submitted a printout on how the City could incorporate the pickleball courts into all of the tennis courts for very little money instead of paying more to knock out one of the courts at Maple Hill. Joseph Ngo plays tennis at the Maple Hill court three days a week and there are a lot of players in Diamond Bar who often have to wait or go other cities to find an empty court. Diamond Bar has a lot of land and open space and if there is enough interest in pickleball, the City should build courts specifically for pickleball instead of converting the already crowded tennis courts. Son Ho has been playing tennis in Diamond Bar for 25 years and he and his friends are very concerned because they often have no place to play. He has no problem sharing, but would not like to see one of the courts destroyed because it is a limited resource. If the courts are shared, there should be a specific time for pickleball and a specific time for tennis. A speaker said there are not enough tennis courts now and he would prefer pickleball share one of the courts during the daytime only. People sometimes call the Sheriff's because they are fighting over who gets the courts and he would prefer the Sheriff's be able to concentrate on crime. AUGUST 20, 2019 PAGE 4 CITY COUNCIL Carrie Cheng, speaking on behalf of pickelballers, thanked the City for its support of pickleball. Pickleball has been well received by the community. Walnut Valley Unified School District includes pickleball in their curriculum which means that about 1500 students a year are introduced to pickleball. People who play pickleball are sad that they cannot play during the allocated early morning hours even one day a week and many people have asked why there are no permanent pickleball courts because the sport is so popular. She thanked the City for their support. 3. RESPONSE TO PUBLIC COMMENTS: PRD/Wright responded to speakers that it has been about a year and a half since the City instituted a pilot program for pickleball on Wednesday's from 9:00 a.m. to noon at Maple Hill Park with about 25 participants weekly. For this weekly event staff sets up temporary lines and nets for this program which has continued to grow. Over 65 individuals were excited to participate in the July event, for example. In looking at the Sunset Crossing Park and Heritage Park project, the input received for pickleball was very positive, which was another indicator that it is a sport that will continue to grow. Staff believes this provides an opportunity to expand the City's recreational programs with seven other courts becoming available if this project continues to move forward. This project would install four permanent pickleball courts which is important, because as many folks have mentioned, they are not available on Wednesday mornings. Many work until the evening and would like to take advantage of a lighted court that is open to them until 10:00 p.m. All of the City's parks are lighted which provide options for tennis at Pantera Park, Ronald Reagan and Maple Hill and staff's recommendation for Maple Hill was to consider contract classes that are provided at other parks including Pantera and Ronald Reagan Parks. The permanent option becomes very similar to the basketball drop-in courts and the tennis courts which are available from 6:00 a.m. to 10:00 p.m. While there is a typical wait at all three parks, there will likely be a small wait for pickleball as well, but staff believes that taking one tennis court out of the City for pickleball is a reasonable approach based on the feedback received. 4. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission meeting — August 22, 2019 — 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Planning Commission — August 27, 2019 — 6:30 p.m., Windmill Community Room, 21810 Copley Drive (Canceled). 5.3 City Council Meeting — September 3, 2019 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: MPT/Tye moved, C/Low seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AUGUST 20, 2019 PAGE 5 CITY COUNCIL AYES: COUNCIL MEMBERS: Chou, Low, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Lyons 6.1 APPROVED CITY COUNCIL MEETING MINUTES: 6.1 a Regular Meeting of August 6, 2019 — as presented. 6.2 RECEIVED AND FILED PLANNING COMMISSION MEETING MINUTES: 6.2a Regular Meeting of July 9, 2019. 6.3 RATIFIED CHECK REGISTER DATED AUGUST 1, 2019 THROUGH AUGUST 14, 2019 TOTALING $845,592.61. 6.4 CANCELED SEPTEMBER 3, 2019 CITY COUNCIL MEETING TO SEPTEMBER 17, 2019. 6.5 APPROVED SECOND AMENDMENT TO THE AGREEMENT WITH CIVIC PLUS FOR THE IMPLEMENTATION OF A CUSTOMER REQUEST MANAGEMENT SYSTEM THROUGH AUGUST 31, 2021. 6.6 DISSOLVED THE SPECIAL EVENTS COMMITTEE. 6.7 APPROVED CONSULTANT SERVICES AGREEMENT WITH RKA CONSULTING GROUP, INC. FOR THE DESIGN OF RESIDENTIAL & COLLECTOR STREETS REHABILITATION (AREAS 1 AND 2) AND ARTERIAL STREETS REHABILITATION (DIAMOND BAR BOULEVARD FROM PATHFINDER ROAD TO MOUNTAIN LAUREL WAY), (GOLDEN SPRINGS DRIVE FROM GRAND AVENUE TO LEMON AVENUE) PROJECT AND THE DESIGN OF AREA 1 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMPS IMPROVEMENTS PROJECT IN THE AMOUNT OF $238,890 PLUS A CONTINGENCY AMOUNT OF $23,889, FOR A TOTAL AUTORIZATION AMOUNT OF $262,779. 7. PUBLIC HEARING: None. 8. COUNCIL CONSIDERATION: 8.1 AMENDMENTS TO THE FUND BALANCE AND RESERVE POLICY. ACM/McLean presented staff's report stating that the item before Council is a revision to the Council's existing Fund Balance Policy which was adopted by Resolution in 2011. In March 2019 the City Council received the long-term financial forecast and in addition to the revenue expenditure forecast there were a series of proactive policy decisions presented to the City Council for future consideration, one of which was to revise the 2011 AUGUST 20, 2019 PAGE 6 CITY COUNCIL Fund Balance Policy by looking at it from the prism of today's economic conditions. The policy before the Council this evening contains a series of provisions including: 1) the update to the Emergency Contingency Fund amount to maintain no less than 25 percent of current expenditures and transfers; 2) the OPEB Reserve and Trust Fund which sets aside dollars to cover long term employee retirement benefit costs is proposed that the cumulative total in the reserve and trust accounts be no less than 80 percent of the total OPEB liability as established in the most recent actuarial report provided every two years; and, 3) Establish mandatory minimum funding levels in three different "savings" accounts, the Building Facility and Maintenance Fund, the Technology Reserve Fund and the Vehicle Maintenance and Replacement Fund. This fund is based on the anticipated cost, plus depreciation for maintenance and replacement of the City's fleet. The second key piece in addition to the mandatory funding levels is to establish formal direction to building funding levels in specific unrestricted accounts to fund new projects at the end of the year. What is being proposed is that if there is any surplus at the end of a given fiscal year that money be set aside in certain accounts including the Park Development Fund, Building Facility Maintenance Fund and the Unrestricted General Fund Reserve. At the end of the year, 40 percent would go into the Park Development Fund, 40 percent into the Building Facility Maintenance Fund and 20 percent in the Unrestricted General Fund Reserve. C/Low said she liked the concept. On the mandatory funding levels where staff is suggesting that the building is no less than $100,000 and technology is no less than $100,000, if in a given year if no portion of the funds are used, do the funds roll over so that the balance accumulates or is leveled at $100,000. ACM/McLean said he should have noted in his presentation that the Council retains discretion on how to retain these policies, so if the Council chooses to adjust them it can. Staff's recommendation is that when the budget is put together, the mandatory minimum amount should be added each year so that the funds are built up and accumulated. Staff is not suggesting that if there is a minimum of $100,000 in the reserve account that monies are not added to it. The point of the policy is to continue building those funds so there is the ability to add new projects, programs and services in the future. C/Low said while she believes it is a great concept to maintain a building fund for example, the other side of it would be that there is a fund being built to the deprivation of other things which may need funding. Is there a mechanism in place so that there are not excess funds sitting and depriving General Fund expenditures and is the $100,000 amount what the City reasonably expects to expend in a given year? AUGUST 20, 2019 PAGE 7 CITY COUNCIL ACM/McLean responded that the City expends considerably more than $100,000 on an annual basis. For example, the recent HVAC equipment purchase for City Hall cost more than $400,000. This is a mandatory minimum amount the City continues to add to it in order to pay for those ongoing costs that are anticipated. Many of the city's facilities are aging which means there will be more maintenance necessary as time moves forward and it is important to keep those facilities up to the standard that the City Council has established. Diamond Bar sees its facilities as high quality and the expectation of the customer is that those facilities maintain that high quality. C/Low asked if as an example the accumulated funds would be used for HVAC in that budget year or be taken from the General Fund. ACM/McLean responded that the accumulated funds would be used to the greatest extent available to pay for those maintenance costs and the point of the fund would be to fund as many maintenance projects as possible. C/Low said in that case, it would be not simply be a reserve fund, it would be something the City would draw on. ACM/McLean responded that C/Low was correct. C/Chou agreed that it is fiscally prudent to set aside money when possible. What happens if there is no surplus and the City runs a deficit. ACM/McLean said the approach would be that as the budget is created staff would budget accordingly per the Council's policy. Again, Council retains the ability in a fiscal emergency to adjust the policies it has adopted so that if there is a situation in which funding is not available and it would impact essential services such as Public Safety, the Council could choose to adjust the policy. M/Herrera applauded staff for being proactive in setting money aside rather than having to take chunks of money out of the General Fund when there is a need to repair or replace items. She believes the Council should always be proactive and conservative in planning for the future. C/Chou moved, C/Low seconded, to adopt Resolution No. 2019-36 as revised. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Chou, Low, MPT/Tye, M/Herrera None Lyons 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: AUGUST 20, 2019 PAGE 8 CITY COUNCIL C/Chou thanked CC/Cribbins for everything she has done for the City over the past 30 years. She and her smile will be missed. This morning C/Chou attended an update with Congressman Cisneros regarding the INFRA grant which Diamond Bar did not receive. Congressman Cisneros indicated that he remains committed to getting the funding through whatever means necessary including earmarks. C/Low said that it has been a pleasure having CC/Cribbins as the Diamond Bar Clerk, doing the Council's minutes and calling vote roll calls. C/Low said it has been a pleasure working with her and wished her a well-earned and well- deserved and wonderful retirement. Individuals who attend the Council meeting and the speakers who spoke were very thoughtful and respectful which she greatly appreciates. It was good to hear both sides of an issue and she respects and appreciates their comments. School is in session and residents are urged to drive carefully, especially during morning rush hour. Please leave home earlier so you are not rushed. She wished everyone a Happy Labor Day weekend. MPT/Tye reported that today he had been in Sacramento and had an opportunity, along with Assemblyman Salas and Assemblyman Fong, to talk about the California Public Utilities Commission's wrongheaded idea that the use of natural gas should be eliminated in the State of California. In April the Diamond Bar City Council passed a resolution opposing the California Public Utilities action. There needs to be a balanced approach because renewable natural gas is an important component. MPT/Tye said that the City would miss CC/Cribbins. It won't be the same and CC/Cribbins is a gem. Godspeed and have a wonderful retirement. Thanks to CC/Cribbins for 30 years of her best efforts. M/Herrera thanked MPT/Tye for going to Sacramento to speak with the legislators because she is not happy that somebody up there is taking away her freedom of choice about what kind of utility power she can have in her house. She thanked Captain Reyes for his report on Public Safety which is a very, very important item for residents. Unfortunately, the City is bissected by two major freeways which makes it a big target for those who live in other cities to come to Diamond Bar because they perceive this is an affluent community. Thanks to Captain Reyes for talking about the Volunteer Patrol and Neighborhood Watch and Business Watch, important programs in the City. Sadly, she doesn't know what the City will do without CC/Cribbins and, thanked her for her 30 years of service. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council Meeting at 7:51 p.m. to September , '019. RYAN MCL,EA\1, ACTING CITY CLERK AUGUST 20, 2019 PAGE 9 CITY COUNCIL The foregoing minutes are hereby approved this 17th day of September, 2019. (_ 4�'I CAROL HERRERA, MAYOR