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HomeMy WebLinkAbout2020.01.07 - Minutes - Regular MeetingCITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING JANUARY 7, 2020 CALL TO ORDER: Mayor Tye 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. PLEDGE OF ALLEGIANCE: Mayor Tye led the Pledge of Allegiance. ROLL CALL: Council Members Andrew Chou, Ruth Low, Mayor Steve Tye Absent: Mayor Pro Tem Nancy Lyons was excused. Staff in attendance: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; Ken Desforges, Information Services Director; David Liu, Public Works Director; David DeBerry, City Attorney; Dianna Honeywell, Finance Director, Cecilia Arellano, Public Information Coordinator; Ryan Wright, Parks and Recreation Director; Anthony Santos, Assistant to the City Manager; Greg Gubman, Community Development Director; Kristina Santana, City Clerk APPROVAL OF AGENDA: As presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. 3. PUBLIC COMMENTS: Allen Wilson asked for clarification about the public's ability to speak on agenda items. With respect to Agenda Item 8.1, he felt C/Herrera's resignation letter should have been included in the packet for public review and he hoped that the Council would appoint a new Council Member rather than call for an election that would cost the City $150,000. Chia Teng spoke about Council's approval of the Millennium Development's Final Tract Map TR53430 and related issues. Pui-Ching Ho spoke about programs and events taking place at the Diamond Bar Library during January. She invited residents to visit the library's website at https:Hlacountylibrary.org/diamond-bar-library/ for additional programs and information. 4. RESPONSE TO PUBLIC COMMENTS: CM/Fox stated that with respect to Mr. Wilson's comments regarding JANUARY 7, 2020 PAGE 2 CITY COUNCIL commenting on Council Consideration items, the Council has the prerogative and ability to call up anyone and allow them to speak on any item on the agenda. Individuals wishing to comment should fill out a speaker request indicating that they wish to speak on a certain agenda item and the Mayor would then call upon those individuals at the appropriate time of the meeting. CA/DeBerry responded to Mr. Teng that with respect to the Millennium project, those issues were litigated at the Superior Court and at the Appellate Court. In both cases, the Court found that the City Council's approval of the Final Map was appropriate and that it was in substantial compliance with all of the ordinances and other provisions and conditions applying to the development of that property. Since that time, the owner of the property has had issues implementing the conditions and as such, there is now a hearing before the Regional Water Quality Control Board. The Regional Water Quality Control Board has jurisdiction and may or may not impose fines for non-compliance with the Storm Water Prevention policies and conditions that Millennium was required to comply with as a Condition of Final Map Approval. M/Tye said it has been and continues to be his understanding that relative to Council Consideration, it is at the discretion of the Mayor or a Council Member that would request to let the public to speak and that it is not, per se, a public hearing. CA/DeBerry responded to M/Tye that under the Brown Act, public comments are typical for matters that are not on the agenda but within the subject matter jurisdiction of the City Council. On the agenda itself, under the Brown Act, people are allowed to comment on any item on the agenda. Typically, the City Council Agenda provides a public comment period for items not on the agenda and then as was indicated by CM/Fox, it helps the City Council know if a person fills out a speaker's card what item they wish to speak on so that they can be called up to speak at the appropriate time before the City Council takes action on that item. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Winter Snow Fest — January 11, 2020 — 8:00 a.m. to 2:00 p.m., Pantera Park, 738 Pantera Drive. 5.2 Planning Commission Meeting — January 14, 2020 — 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting — January 21, 2020, 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Low moved, C/Chou seconded, to approve the Consent Calendar with C/Chou pulling items 6.1 and 6.4 for further consideration. Motion carried by the following Roll Call vote: JANUARY 7, 2020 PAGE 3 CITY COUNCIL AYES: COUNCIL MEMBERS: Chou, Low, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Lyons 6.1 APPROVED CITY COUNCIL MEETING MINUTES: 6.1a REGULAR MEETING OF DECEMBER 17,2019—as presented. 6.2 RATIFIED CHECK REGISTER DATED DECEMBER 12, 2019 THROUGH DECEMBER 18, 2019 TOTALING $2,784,538.78. 6.3 APPROVED TREASURER'S STATEMENT FOR NOVEMBER 2019. 6.5 ADOPTED RESOLUTION NO. 2020-01 APPROVING AMENDMENT NO. 1 TO THE ADMINISTRATIVE SERVICES AGREEMENT WITH ICMA-RC FOR 457 DEFERRED COMPENSATION SERVICES THROUGH JANUARY 2025. 6.6 AUTHORIZED PURCHASE OF ONE (1) HEWLETT PACKARD SERVER FROM CDWG IN THE AMOUNT NOT TO EXCEED $15,735.01. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.1 APPROVED CITY COUNCIL MEETING MINUTES: 6.1a REGULAR MEETING OF DECEMBER 17, 2019. C/Chou stated that he pulled this item because he did not attend the meeting. C/Low moved, C/Chou seconded, to approve Consent Calendar Item 6.1. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Low, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Lyons ABSTAIN: COUNCIL MEMBERS: Chou 6.4 AUTHORIZED THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE WIRELESS SITE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC TO ALLOW FOR THE CONSTRUCTION AND LOCATION OF AN EMERGENCY GENERATOR TO SERVE THE EXISTING CELLULAR SITE AT PETERSON PARK THROUGH JUNE 2036. C/Chou asked for staff's comments on M/Tye's concerns regarding market rate for the lease agreement. JANUARY 7, 2020 PAGE 4 CITY COUNCIL CM/Fox responded that this item was continued from the Council's December 3rd meeting. Staff obtained a few site lease rates from various cities for municipal services. The current lease rate with Cingular is $2500 per month which is within the average market rent. With the proposed amendment, that rate will be increased by $400 per month to a total of $2900 which would be closer to upper range of the average. Based on this information, staff feels comfortable that this item is within the marketplace for a full service cell site. C/Low asked if the contract includes an escalator and CM/Fox said that it does and that escalator tracks with the CPI each year. C/Low moved, C/Chou seconded, to approve Consent Calendar Item 6.4. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Lyons 7. PUBLIC HEARING(S): 7.1 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ALLOCATIONS FOR FISCAL YEAR 2020/2021. CDD/Gubman provided a staff report regarding the CDBG Program. Diamond Bar is one of 48 cities in LA County that receives Federal CDBG funds through a cooperative agreement with the Los Angeles County Development Authority, which is charged with allocating the funds to its participating agencies. For Fiscal Year 2020/2021 the City anticipates receiving a slightly higher allocation. Combined with home improvement loan repayments in prior year end spent funds, the proposed CDBG budget is over $318,000. The City received funding requests to support senior programs, to add or upgrade curb ramps in the City, and to continue funding the Community Home Improvement Program. The LA Community Development Authority now allows up to 20 percent of the City's annual allocation be put toward public services which is up from 15 percent in prior years. The funding available for Senior Programs is thus $45,400 which is $8,000 more than what is being requested. Because there are no competing public service program funding requests, staff recommends that the maximum allocation go to Senior Programming. The other 80 percent of the City's annual allocation, together with prior year rollovers and loan repayments, may be used to fund Public Works and Housing Programs. With the available funds, staff is recommending that $172,000 be applied toward Area 2 ADA Curb Ramp Improvements and $100,700 be used to support the Home Improvement Program. Area 2 is bounded by the JANUARY 7, 2020 PAGE 5 CITY COUNCIL SR57/60 freeways, Grand Avenue, Diamond Bar Boulevard and Pathfinder Road. The Public Works Department has identified 22 curb ramp locations that should be prioritized in Area 2 as shown on the map within staff's report, primarily along Laurel Rim Drive off of Pathfinder Road and along Birdseye Drive. The Home Improvement Program offers zero interest deferred loans of up to $20,000 to eligible low and moderate -income owners of single family detached homes and the recommended allocation would fund at least five projects. In summary, staff is recommending that with the estimated funds available, $45,440 go toward Senior Programming, $172,000 be applied toward Area 2 ADA Curb Ramp Improvements, and $100,716 be made available for the Home Improvement Program. C/Chou asked for clarification on the allocation for Area 2. CDD/Gubman responded that Area 2 is the next area that is slated for roadway resurfacing and staff typically completes the curb ramp improvements prior to the roadway improvements to avoid any conflicts. C/Low asked for a summary on the Senior Program, whether the money is being well spent in the services for the City's senior population and whether there are positive results. CDD/Gubman responded that according to the applications received, the participation is high. The monies are well spent and activities are heavily programmed. The CDBG funds that are applied get depleted and the General Fund then pays for the difference which primarily goes toward staff administration costs. So, with the additional allocation that would be available in the upcoming Fiscal Year some of that General Fund allocation will be offset. C/Low asked about the Home Improvement Loan Program. CDD/Gubman responded that there seemed to be more applications coming in. It is still challenging to encourage applicants to stay with the process because the application requirements can be somewhat frustrating which can lead to some dropping out of the program. However, there is a waiting list that will take the City into upcoming years and as such, staff hopes to spend all available funds. C/Chou asked if leftover funds in the Home Improvement Loan Program get rolled over into the next year and CDD/Gubman responded that they do. M/Tye opened the Public Hearing. With no one present who wished to speak on this matter, M/Tye closed JANUARY 7, 2020 PAGE 6 CITY COUNCIL the Public Hearing. C/Low moved, C/Chou seconded, to adopt Resolution No. 2020-02. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Lyons 8. COUNCIL CONSIDERATION: 8.1 CITY COUNCIL VACANCY CM/Fox stated that on December 20, 2019, Carol Herrera announced her retirement and resignation from the City Council. The City Council must now consider alternatives to fill the vacancy for the remainder of her term which will expire in November 2020. The Government Code states, "The Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy". The Election Code provides three possible dates for a Special Election — March, April or November. Both the March and April election dates are within the 114 day window so that the City Council cannot call a special election which means the next available date is November 2020, the same date the term expires, at which time there will be a new election for a new Council Member. There is only one option which is to go through an appointment process. The Council has the ability to consider whatever process it chooses appropriate to make an appointment, and based upon past practice of going through an application process, potential dates were identified for consideration. Staff is seeking Council's direction on how to fill the vacancy. C/Low asked for clarification of the 60 -day limit for a special election and CM/Fox explained that the 60 -day limit is coincidentally the date of the February 18th City Council meeting as the final day for appointment, which means that the Council must appoint someone to fill the vacancy on or before February 18th. The government code does not allow cities to operate an elected body with a vacancy which is different from Commissions and Committees. CA/DeBerry said the intent is to require the City Council to take some action to either appoint or call a special election and the rationale for not being able to hold a special election within the 114 day period is essentially to give perspective candidates time to campaign. C/Chou asked if 13 days was sufficient time for staff to prepare and CM/Fox said that it would be and that more importantly, it would provide enough time from the deadline to validate applications, schedule interviews, and schedule a special meeting during the week of January JANUARY 7, 2020 PAGE 7 CITY COUNCIL 27th which would potentially allow for an appointment at the February 4th City Council meeting and keep the process within the 60 day period. M/Tye asked for Public Comment on this matter. Goushal, Clear Creek Canyon, felt an appointment would be necessary to help the City Council with decisions. He feels the City Council should decide which candidate is the best to serve the residents. M/Tye closed Public Comment. C/Low moved, C/Chou seconded, to proceed with the application process to fill the Council vacancy and adopt the dates provided in the Staff Report. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Lyons 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chou wished everyone a Happy New Year on this first meeting of the year. Every year brings with it hopes and aspirations. He recognized outgoing Council Member Herrera for her 24 years of service to the City and wished her the best. And now Council Members have a job to do and that is to find somebody who will work with the Council and be an asset to the City. He invited everyone to the Snow Fest this Saturday, January 11th. He has attended the event for many years and it is always a lot of fun and he is sure staff will again do an excellent job. C/Low said she agrees with C/Chou that to serve the public for 24 years is really very, very amazing. It is not easy coming to meetings twice a month, month in and month out and responding to public service comments, criticism, etc. C/Low appreciates Carol Herrera's work and her dedication to the City and her service will be missed. With respect to Consent Calendar 6.5, she thanked the City's Human Resources Division. While this is not a big item, it serves to help employees by saving them a little bit of money while they are preparing for their future and their pension. With good negotiating, they were able to reduce the management rate for the investments by 50 percent. Good for HRM/Haug and congratulations for taking care of the employees, the City's very, very important assets. She invited everyone to attend the Snow Fest where there will be 100 tons of snow which should provide a good time for all. Please join in the fun this Saturday. M/Tye said the Council definitely will miss Carol Herrera. He has told many including Carol that so many times when one is running for election or defending their principles and beliefs, there are two camps. For those who say they do not JANUARY 7, 2020 PAGE 8 CITY COUNCIL like Carol, he wants to understand whether it is a personality issue or a capability issue because if individuals are not focusing on the capability issue they have missed how tremendously capable she was in the things she did for this community, whether it was Foothill Transit, COG, past president of the League of California Cities, etc., and so many other things she was involved in in the 24 years she was on this Council. And either people aren't aware of or have forgotten, she spent 16 years before that on the Walnut Valley Unified School District Board so, it is 40 years of her life that she dedicated to public service and that doesn't count Little League and PTA and all of the other stuff she was involved in. The City certainly will miss her and her guidance and knowledge and input. She is wished the very, very best. He encouraged everyone to attend Snow Fest and enjoy 100 tons of snow. This afternoon he returned from the Contract Cities annual legislative tour in Sacramento. He has always felt that Contract Cities advocates for contract cities which Diamond Bar is and he thinks the more Sacramento changes he realizes that it is not as much "advocating" as "pushing back" and trying to protect ourselves as much as possible. It was a good trip and he met legislators he had not met before and they seemed perfectly reasonable — and when the group leaves it seems that they are no longer reasonable. It was good to see the district's elected officials and he knows that he is preaching to the choir when he talks to Senator Chang or Assemblyman Chen because they are advocating on the City's behalf and they are essential to convincing others to do that as well. It was time well spent and he appreciates the City's ongoing participation with Contract Cities. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the Regular City Council Meeting at 7:19 p.m. Respectfully submitted: Kristina Santana, City Clerk The foregoing minutes are hereby approved this 21St day of January, 2020. r� Steve Tye, Mfiyor