HomeMy WebLinkAbout2020.06.16 - Minutes - Regular Meeting CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JUNE 16, 2020
CALL TO ORDER: Mayor Tye called the Regular City Council meeting to
order at 6:30 p.m.
Mayor Tye stated that consistent with COVID-19 regulations, all Council Members and
staff are participating via teleconference and there is no physical location for public
attendance. The Public has been invited to join the meeting online or by phone at the
numbers printed on the agenda.
PLEDGE OF ALLEGIANCE: Mayor Tye led the Pledge of Allegiance.
ROLL CALL: Council Members Andrew Chou, Ruth Low, Jennifer �
"Fred" Mahlke, Mayor Pro Tem Nancy Lyons, and
Mayor Steve Tye
Staff participating telephonically: Dan Fox, City Manager; Ryan McLean, Assistant
City Manager; David DeBerry, City Attorney; Ryan Wright, Parks and Recreation
Manager; Anthony Santos, Assistant to the City Manager; David Liu, Public Works
Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Anthony Jordan,
Maintenance Superintendent; Jason Williams, Maintenance Supervisor; Grace Lee,
Senior Planner; May Nakajima, Associate Planner; Dianna Honeywell, Director of
Finance, Greg Gubman, Director of Community Development; Ken Desforges,
Director of Information Services; Alfredo Estevez, Information Systems; Amy Haug,
Human Resources & Risk Manager; Marsha Roa, Public Information Manager; Cecilia
Arellano, Public Information Coordinator; J.R. Ybarra, Media Specialist; Kristina
Santana, City Clerk
APPROVAL OF AGENDA: As presented.
1. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
2. PUBLIC COMMENTS:
CC/Santana stated that public comments submitted by email were forwarded to
the City Council, and provided a brief summary of each for the record:
Angela Marie Medina asked the Council to address acts of violence on the part of
the Sheriff's Department during the June 4th Black Lives Matter protest.
Brian Chen asked the Council to address the issue of police militarization by
changing priorities in regards to the City's budget.
Matthew Gan commented on the City's spending for the Sheriff's contract and
urged the Council to reconsider and redirect some of that funding.
Allen Wilson commented on Agenda Item 4.4 and asked that the Council end the
JUNE 16, 2020 PAGE 2 CITY COUNCIL
contract with Gonzalves and Sons.
The following public comments were offered via telephone during the Council
meeting:
Jacob Wolak, Field Representative for Congressman Gilbert Ray Cisneros,
updated the City on the Congressman's progress including co-sponsorship of
HR7120, the George Floyd Justice in Policing Act; HR2329, the Law
Enforcement Immersive Training Act, HR1714, Stop Militarizing Law
Enforcement Act; SB217 George Floyd Law for Enforcement and Integrity Act;
HR4408, the Eric Garner Excessive Use of Force Prevention Act; HR1636, the
Commission on Social Status of Black Men and Boys Act; HR988, Resolution
Condemning Police Brutality; and HR4339, the Ending of Racial Profiling Act.
Joe Plunkett asked the Council to assess the task force report on 21 St Century
policing and asked what recommendations the City would be implementing. He
asked for Council's reaction to the LA Sheriff's, use of pepper balls on citizens
and children of Diamond Bar during the peaceful protest on Thursday, June 4tn
Rafael Plunkett noted that the Supreme Court has refused to hear the issue of
qualified immunity for police and that it must be dealt with at the local level. She
wanted to know Diamond Bar's position on "qualified immunity" with regard to
police and the Walnut Valley Sheriff's Department. She thanked Basil & Co. for
sponsoring meals at the June 4t" protest and suggested that it would have been
better for those who boarded their businesses to engage with the community
offering water, snacks, and simply recognizing that Black Lives Matter.
Captain Reyes responded to comments regarding the Sheriff's Department
presence during the June 4th Black Lives Matter protest stating that the Sheriff's
Department and in particular, the Diamond Bar/Walnut Station, received
information of a planned protest that would occur in the City of Diamond Bar. His
department prepared a plan to be ready for the peaceful protest. Prior to the
protest, the station received a number of concerns from residents and
businesses about social media chatter that said members from outside of the
community would be attending the protest to commit acts of theft and looting. In
response to that, his department prepared a twofold plan to make sure that the
community members would be able to have a peaceful protest they would
monitor as well as, to ensure the safety of the protesters, community members
and structural integrity of the businesses. The protest went off essentially as
planned. There were approximately 300-400 people who gathered at the
intersection of Grand Avenue and Diamond Bar Boulevard. The Sheriff's
Department made contact with the organizer and found them to be cooperative
with department instructions. As the protest progressed, it was observed that
some members participating in the protest began to enter the intersection and
cause some delay of traffic. In accordance with their plan, the Sheriff's
Department sought to gain compliance of those entering into traffic and asked
them to step back onto the sidewalk which they did. There were four to five of
these occurrences and each time they were instructed to go back onto the
JUNE 16, 2020 PAGE 3 CITY COUNCIL
sidewalk they did so. As the protest continued, it was observed that more
protesters began to enter the intersection and temporarily block traffic. On one
occasion, all traffic moving into the intersection was completely blocked by
approximately 40-50 demonstrators. At that point, two Sheriff's units entered the
intersection and utilizing their public address system, asked those protesters to
get back onto the sidewalk. Some complied and a couple of the protesters called
on other protesters to swarm the patrol units at which point several protesters
encircled the units. The protesters were again asked to allow the patrol cars to
leave the area and many failed to do so. There were also a number of
participants who were calling for those who had encircled the patrol cars to get
back onto the sidewalk to no avail. At that point Deputy Sheriff's entered on foot
into the intersection to move people out of the way so that the patrol cars were
able to vacate the area. The incident commander on scene felt that some
participating in the protest were becoming unruly and declared it an unlawful
assembly. There were several instructions given repeatedly declaring it an
unlawful assembly calling for people to vacate the area on a particular route.
Several deputies responded to the intersection for a threefold plan to contain the
unruly crowd, isolate and disperse them. After ample time, approximately 30
minutes of repeated instructions for protesters to leave the intersection, the
protesters engaged deputies in a skirmish line. Deputies held the line and did
not attempt to physically disburse and instead, maintained a position of
containment. At one point there was a crowd that began to antagonize the
skirmish line and one person aggressed the line essentially inciting others to do
so as well, and one deputy fired a number of pepper balls into the ground in a
defensive manner to hold the line. He did not fire into the crowd. Pepper balls
are meant to be fired overhead so that the content disburses downward into the
crowd so that individuals will feel the effects of the pepper spray. In this case,
the pepper balls were fired into the ground and the contents remained on the
ground causing minimal contamination of the area. There were no arrests made.
The deputies maintained the line and continued to make several disbursal orders
and eventually, the protesters vacated the area of their own accord. There was
no damage to any properties or businesses, and no report of injuries as a result
of the department's actions.
C/Chou asked Captain Reyes to respond to a question about at what point the
rally became an unlawful assembly and asked him to define the departmenYs
threshold a protest must reach before being declared unlawful.
Captain Reyes responded to C/Chou that in accordance with state law, Penal
Code Section 406, it states that if two or more people are gathered where lawful
and it transverses into being unlawful it becomes an unlawful assembly. In the
case of the June 4th assembly, the incident commander on scene felt that at the
point the protesters who were entering into the middle of traffic blocking all lanes
of travel as well as, encircling patrol cars, presented a clear and present danger
to motorists and deputies in the intersection and created a delay in their duties,
which essentially prevented the officers from pursuing their duties of maintaining
order in the intersection. While this does not mean that every person present
was in violation of an unlawful assembly, once an unlawful assembly is declared
JUNE 16, 2020 PAGE 4 CITY COUNCIL
and participants do not vacate the area and continue creating unlawful acts,
those individuals can be subject to arrest. In this case, the objective was to
restore order to the intersection and prevent it from becoming a flashpoint into
acts of vandalism and looting.
C/Chou said he understands that one of the deputies fired a pepper ball round
into the ground in order to avoid contaminating the area, and wanted to know at
what level of engagement the use of pepper balls would typically be deployed.
Captain Reyes explained that the department has a Use of Force policy that it
must adhere to in its general policy as well as, within protests and any type of
unrest where crowds might need to be disbursed. Deputies that are issued
weapons such as pepper balls, stun bags, etc. are trained in deploying and
employing those weapons in these types of situations. In this case, the pepper
ball was not fired directly at any of the protesters or any persons that were
attempting to aggress the skirmish line. It was meant as a defensive measure
only and once fired, the deputies maintained their positions and did not engage
protesters or try to push them back. It was used in a defensive and not in an
offensive manner.
MPT/Lyons asked if she heard correctly that the pepper spray did not cause any
injuries and Captain Reyes said that no injuries were reported to the Sheriff's
Department. In any application of use of force or any employment of less lethal
weapons, the department conducts an administrative review and this case is
under administrative review and eventually there will be findings and/or
recommendations. To date, there have been no reports of damage to individuals
or property.
C/Low asked if instructions to protesters to disburse were given from the patrol
cars and Captain Reyes responded that C/Low was correct. There were several
announcements declaring the situation to be an unlawful assembly which was
meant for people in the middle of the intersection blocking traffic to vacate the
area and the direction in which they should vacate. It was well over 30 minutes
from the initial instruction for disbursement before the officer deployed the pepper
ball. C/Low asked if Captain Reyes was saying protesters were in the
intersection for more than 30 minutes or did he say that from the warnings to the
time of deployment of the pepper spray was half an hour. Captain Reyes
reiterated that there were several people who occupied the intersection and there
were other people who were standing on the sidewalk at the corners of the
intersection. There were several announcements declaring it an unlawful
assembly as well as, orders given to disburse and after half an hour of providing
those announcements, the pepper ball was employed.
C/Low asked how long people were in the intersection prior to the
announcements and Captain Reyes said he would have to review the report.
M/Tye said he was present at the site of the protest and said that some of the
folks who went into the intersection were there for more than one cycle of the
signal.
JUNE 16, 2020 PAGE 5 CITY COUNCIL
C/Low asked if there was a time that the intersection had to be blocked off so
that traffic could not proceed because of the pedestrian traffic being in the
intersection and Captain Reyes responded absolutely. Once it was declared an
unlawful assembly, the deputies had to evacuate the motorists who were
stranded in the intersection and direct them safely out of the intersection for the
safety of the people in the intersection as well as, the motorists. Several
resources were deployed for arterial intersections leading into Grand Avenue and
Diamond Bar Boulevard to be blocked off in order to redirect traffic after it was
declared to be an unlawful assembly. As far as he knows, organizers of the
protest did not meet with City staff or with anyone from the Sheriff's Station to
plan a march on the streets or to occupy an intersection to the point that if they
were permitted to do so, the Sheriff's Department would have been able to
redirect traffic for them to occupy an intersection or march down a roadway. With
the proper permit, like any event such as a parade, there has to be authorization
from the City and coordination with the Sheriff's Department in order for the
Sheriff's Department to plan to reroute traffic and provide for public safety.
C/Low asked how easy or difficult it would have been for the protesters to get a
permit and Captain Reyes said that his understanding is that it would have been
a matter of the event coordinator meeting with City staff to fill out an application
for and receive the permit.
C/Low asked how many patrol cars were encircled and Captain Reyes
responded that two patrol cars were swarmed and encircled preventing them
from leaving the intersection and delaying peace officers in the performance of
their duties.
C/Mahlke said she appreciated Captain Reyes' report which tracks with many
versions the Council has heard. When Captain Reyes began his presentation he
said the station had received calls concerned social media posts. She asked if
those calls of potential threats to the peaceful demonstration changed the way
the department had to plan in terms of allocated resources to help facilitate a
peaceful protest. Captain Reyes responded yes, and at the time there were a
number of riotous acts that were occurring throughout Los Angeles County and
his department had been placed on tactical alert. As a result, they had an
abundance of resources that were mobilized for the emergency the action plan
that was put together. Not only did the department receive calls, there were also
a number of community members who were on various social media platforms
who personally emailed him snapshots of postings on Twitter and Facebook of
particular individuals with screen names that were making comments about
coming to the cities of Diamond Bar and Walnut to commit acts of looting.
M/Tye said he arrived on scene a little after 1:00 p.m. and brought a case of
water with him which was clearly not enough water for the crowd. There was a
lot of energy, and it was very peaceful. People stormed the sidewalks. He said
C/Chou arrived a little later. His observation is that it was not hard to figure out
when it went from being a peaceful assembly to being unlawful, For the most
part, everybody was on the sidewalks and while some may have crossed on a
JUNE 16, 2020 PAGE 6 CITY COUNCIL
green light in the crosswalk, others stayed in the intersection, which creates a �
public safety hazard. Cars were not undisturbed. Many were caught in the
intersection waiting to proceed around people that were kneeling or sitting in the
intersection. He thinks that the position the Sheriff took was terrific in dealing
with the businesses and what they could expect. In generally observing what
was taking place, the Sheriff's cars stopped to provide a hedge of safety around
those protesters that were still in the intersection kneeling or sitting. And as soon
as a small group of some of the nearly 500 protesters refused to heed direction
to get out of the street, the peaceful protest became an unlawful assembly and
appropriate action was taken by the Sheriff's Department. In 3�is opinion, it is
wonderful that Diamond Bar residents and others from outside the area exercise
their right to peacefully assemble until, after a couple of hours, a small number
decided to escalate the situation. And he believes the deputies were there to do
their job to serve and protect. Since the early 80's that he has lived in Diamond
Bar to the time he has been on the Council, public safety has always been Job 1
in Diamond Bar and as the City's police department the City contracts with to
protect this community, they did an exemplary text-book job balancing the right of
citizens to protest peacefully while providing public safety for business,
individuals and for whoever. He is grateful for the Sheriff's discernment for the
guys on the street that did what they had to do. Nobody was hurt. Perhaps
some were offended and some of the agitators didn't get their way but nobody
was hurt, no businesses were damaged, and at the end of the day, a peaceful
protest took place. The Sheriff had to take action and it was proper action to lack
of response to the order to disburse. M/Tye thanked Captain Reyes and his
team for a job well done on behalf of Diamond Bar in a volatile situation.
3. COUNCIL CONSIDERATION:
3.1 ADOPTION OF THE FY 2020-2021 CITY OPERATING BUDGET AND
CAPITAL IMPROVEMENT PROGRAM, INCLUDING ESTABLISHMENT
OF THE APPROPRIATIONS LIMIT AND INVESTMENT POLICY.
FD/Honeywell presented the report stating that each year the City
Manager submits a draft budget for review and adoption. This year two
Study Sessions were held for this purpose, one on April 21St and the
second on May 19t" to discuss the FY 2020-2021 budget. She presented
an overview of the proposed budget with a General Fund of nearly $26
million and a total budget of nearly $34 million. Staff began the budget
preparation process in January and was nearly finished preparing the draft
budget when the onset of COVID-19 pandemic became a worldwide
health crisis causing rapid and dramatic changes in state, county, and
local economies, which created a great deal of uncertainty with respect to
the City's estimated revenues. As a result, it has become necessary for
the City to use some of its emergency contingency reserves. As part of
the Council's prudent fiscal practices, 25 percent of the General Fund
operating expenditures (about $6.5 million) was set aside for a Rainy Day
Fund which, with the current fiscal situation, is exactly what these funds
JUNE 16, 2020 PAGE 7 CITY COUNCIL
were intended for.
An overview of the General Fund estimates resources are reduced by
about $2.4 million which results in a deficit of about $1.2 million. Staff is
proposing to use an estimated Fund Balance Reserve for CIP projects and
LLAD expenditures and $850,000 for contingency reserve funds resulting
in a total surplus of about $158,000.
In 2019 the City Council reviewed the City's long term financial forecast
and identified actions and policies to help put the City in a better fiscal
position, some of those actions are being suspended, including reversing
the 15 year amortization schedule back to 30 years for the CaIPERS
Unfunded Pension Liability resulting in an annual savings of $200,600;
suspending the minimum Reserve Fund Contributions to the Building
Facilities & Maintenance Fund and the Technology Reserve Fund for a
savings of $200,000; Suspension of the Vehicle Replacement Policy and
deferring purchase of a truck, trailer mounted pressure washer and other
field vehicle equipment for a savings of $93,000; Suspension of Travel �
and Conference Attendance for a Citywide savings of $71,630;
Suspension of the Performance Pay program for a Citywide savings of
$90,000, and Deferral of COLA/Benefit Increases for a Citywide savings of
$254,400.
General Fund budget highlights include the law enforcement budget with
an annual increase of about 5.57%. The Liability Trust Fund rate is at
11.5% for a total of about $758,000. An additional $52,440 from the Law
Enforcement Reserve Fund will be appropriated for special assignments
and suppression patrols, and staff is recommending that the �TAR Deputy
program be changed to reduce classes from 420 to 164, reducing the cost
from $116,525 to $47,560 annually. The total Law Enforcement budget is
about $7.8 million which translates to a $426,000 over the current fiscal
year.
Recently, the City Council approved changes to the Animal Licensing
Fees to offset the cost to the City reducing the annual contract from about
$292,000 to $200,000. Staff is proposing to include $25,000 for
Restaurant Week and a Shop Local campaign. In addition, there have
been a number of changes in the Parks and Recreation Department
programs due to the Stay-at-Home order and social disfancing and as
such, programs that would be significantly impacted have been canceled
including Day Camp, Concerts in the Park, and DBC Rentals, etc. for a
savings of about $247,000.
Proposed for the use of General Fund Reserves include $100,000 for the
CIP program to replace the roof at Heritage Park, LLAD Subsidy of
$432,731 and use of the Contingency Reserve in the amount of $850,000
for a total of about $1.4 million.
JUNE 16, 2020 PAGE 8 CITY COUNCIL
FD/Honeywell stated that a number of the City's CIP projects are funded
with Special Revenue Funds. With the uncertainty of those revenue
streams, staff went back to the drawing board to defer about $4.5 million
worth of projects waiting to see how other revenue streams come to the
City putting the proposed CIP program at about $3.1 million.
Each year the City prepares an appropriations limit and this year's limit is
about $49.8 million. The appropriations subject to this limitation total
about $32.5 million, well below the limit. Included in Council's packet is a
new proposed Investment Policy with one change to the amount that can
be deposited into LAIF from $65 million to $75 million, the amount
permitted by the State of California.
Staff is seeking Council's approval to establish a new fund, Fund 025, for
segregation of COVID-19 recovery to seek and track Federal and State
reimbursement for all costs related to COVID-19 expenditures. In addition,
staff seeks to establish a segregated new fund for the Hazard Elimination
Grant program for which the City has received a grant from FEMA to
update the Hazard Mitigation Plan.
M/Tye thanked FD/Honeywell for her comprehensive presentation.
C/Low thanked FD/Honeywell for her excellent report and asked about the
theory of showing a surplus in the budget when the City is using money
from reserve fur�ds to fill in the gap. FD/Honeywell explained that in
general, these budget items are estimates and the surplus provides a
cushion so that staff does not have to come back to the Council each time
there might be a difference between the budgeted and final amounts.
C/Low said that the Council has been getting questions about funding for
law enforcement. Since Diamond Bar is a contract City it does not have a
police department but contracts with the LASD. How did the City arrive at
the number set aside for Public Safety? FD/Honeywell responded that the
Sheriff' Department dictates a rate.
ACM/McLean explained that the City's contract is based on the level of
personnel that it potentially employs/contracts for. In this case, there are
16 sworn deputies and a couple of non-sworn civilian positions that make
up the City's law enforcement personnel. The cost is set by the county on
an annual basis. There is a rate increase that is usually applied for the
personnel contract rate. In addition, there is the liability trust fund which is
a set-aside surcharge that is applied to each of the positions. This year
that surcharge is between 11 and 11.5% and the contract rate increase for
this year was 5.57 percent. Those numbers apply to each position for
which the City contracts, which is how the total was arrived at for the
upcoming fiscal year.
C/Low asked if the only way to reduce the amount paid to the Sheriff's is
JUNE 16, 2020 PAGE 9 CITY COUNCIL
to reduce the number of deputies that are assigned to the City.
I ACM/McLean explained that the cost in the budget is based on the
personnel that is requested. Each year the City fills out a 575 Form
(personnel allocation). Staff was able to reduce some of the cost in the
proposed budget by adjusting the amount of classes the STAR deputy
provides, but in order to bring other costs down, it would require a
reduction in personnel.
C/Low said that based on the reviews for Public Safety and calls for
service as well as, the amount of crime in Diamond Bar, is there a
determination that the number of deputies requested is in line with the
need in the City. ACM/McLean responded to C/Low that the number of
personnel matches the levels that the Council has appropriated for a
number of years (8-10 years) and during that time, crime rates have
remained relatively stable and the level of personnel has remained the
same.
C/Low asked if the Liability Trust Fund is spread across all cities that
contract with the Sheriff or is there a special rate for this fund.
ACM/McLean responded to C/Low that all contract cities pay the same
rate. The rate has increased significantly over the years and this year's
rate is pretty much in line with the previous two years.
MPT/Lyons asked ACM/McLean to comment on problems some of the
surrounding cities such as West Covina are experiencing with their police
force and underfunded pensions, a problem Diamond Bar does not have.
ACM/McLean said he could not speak directly to the financial concerns of
other cities, however, the difference is that in those agencies, the police
department consists of employees of that city, which means that the city
pays for their salaries and benefits as well as, pension obligations and
police stations, equipment, vehicles and so forth. In the contract model,
cities that have contracts with the Sheriff's Department, those individuals
are not employees of the city which means Diamond Bar is paying for a
contract service and the equipment costs, station costs, vehicle costs, etc.
are built into the contract and the Sheriff's Department is responsible for
any personnel obligations associated with their employees.
MPT/Lyons asked FD/Honeywell if the new fee schedule for animal control
was passed by the other cities ensuring the new contract would go into
effect. ACM/Santos responded that he has not heard anything that would
indicate otherwise. At this point, he feels certain that all cities have
adopted similar fees.
MPT/Lyons commented that things are moving so quickly and she would
like to have a high-level presentation each month about how each month
is closed out indicating whether revenue came in as anticipated and ��
expenses come in as projected so that everyone knows whether we are
JUNE 16, 2020 PAGE 10 CITY COUNCIL
on track and doing better or doing worse. She feels this would help
residents and staff feel more secure about where the City is financially and
how it is spending its money.
FD/Honeywell responded that she and CM/Fox have discussed whether it
might be more appropriate to do a quarterly update and, if things are
changing more rapidly, consider providing monthly updates. During the
next couple of months, the City will accrue income that will pertain to FY
19/20 and will not actually see new FY revenue until August/September of
this year. Certainly, staff will monitor this budget very closely and make
regular recommendations as things change with businesses reopening as
changes become visible throughout the world.
C/Chou thanked staff for putting the new budget together and believes this
is a budget the City can be proud of given the current environment. It is a
work in progress and he foresees that at some point, the gap will be
bridged.
M/Tye said it was yeoman's work putting the budget together given all of
the challenges. He believes the City is in good shape for such a time as
this, given that 30 plus years of Council's have put something aside for a
rainy day and it is now pouring outside. The City has the resources to
weather this storm. Again, thanks to staff for putting together an excellent
product for the Council to consider.
C/Low moved, C/Mahlke seconded, to Adopt Resolution No. 2020-17
approving the FY 2020-2021 City Operating Budget and Capital
Improvement Program. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
MPT/Lyons moved, C/Low seconded, to Adopt Resolution No. 2020-18
establishing the Appropriations Limit for FY 2020-2021 in the amount of
$49,761,208. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
C/Chou moved, C/Mahlke seconded, to Adopt Resolution No. 2020-19
approving the FY 2020-21 Investment Policy. Motion carried by the
following Roll Call vote:
JUNE 16, 2020 PAGE 11 CITY COUNCIL
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
MPT/Lyons moved, C/Low seconded, to Establish Fund 025 COVID-19
Recovery Fund in FY 2019-2020 and, Establish Fund 163 Hazard
Elimination Grant Program Fund in FY 2020-2021. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
4. CONSENT CALENDAR: C/Low moved, MPT/Lyons seconded, to
approve the Consent Calendar with the exception of Item 4.5 removed from the
Consent Calendar with no action taken; Item 4.21 pulled by C/Low, and Item 4.16
pulled by MPT/Lyons. In addition, MPT/Lyons abstained from voting on Item
4.15. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons, M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
4.1 APPROVED CITY COUNCIL MINUTES OF THE JUNE 2, 2020
REGULAR MEETING —AS SUBMITTED.
4.2 RATIFIED CHECK REGISTER DATED MAY 21, 2020 THROUGH JUNE
3, 2020 TOTALING $1,111,191.45.
4.3 APPROVED THIRD AMENDMENT TO THE CONTRACTOR SERVICES
AGREEMENT WITH NETWORK PARATRANSIT SYSTEMS FOR
SENIOR TRANSPORTATION SERVICES THROUGH JUNE 30, 2021.
4.4 APPROVED FIRST AMENDMENT TO THE AGREEMENT WITH JOE A,
GONSALVES AND SON FOR STATE LEGISLATIVE ADVOCACY AND
GOVERNMENTAL AFFAIRS SERVICES.
4.5 APPROVED MAINTENANCE SERVICES AGREEMENT WITH WOODS
MAINTENANCE SERVICES, INC. (DBA GRAFFITI CONTROL
SYSTEMS) TO PROVIDE GRAFFITI ABATEMENT SERVICES
THROUGH JUNE 30, 2023. (REMOVED FROM CONSENT CALENDAR)
4.6 APPROVED CONSULTING SERVICES AGREEMENT WITH SJC3
CONSULTING ("SJC3"), TO ADMINISTER THE CITY'S HOME
IMPROVEMENT PROGRAM (HIP) THROUGH JUNE 30, 2025.
JUNE 16, 2020 PAGE 12 CITY COUNCIL
4.7 APPROVED CONSULTING SERVICES AGREEMENT WITH DAVID
EVANS AND ASSOCIATES, INC. FOR LANDSCAPE PLAN CHECKING
SERVICES THROUGH JUNE 30, 2023.
4.8 ADPOPTED RESOLUTION NO. 2020-20 AUTHORIZING SUBMITTAL
OF A LOCAL EARLY ACTION PLANNING GRANTS PROGRAM
(LEAP) GRANT APPLICATION.
4.9 APPROVED CONSULTANT SERVICES AGREEMENT WITH THE
COMDYN GROUP, INC., FOR AS-NEEDED GEOGRAPHIC
INFORMATION SYSTEMS (GIS) AND INFORMATION
TECHNOLOGY SERVICES THROUGH JUNE 30, 2025.
4.10 APPROVED MAINTENANCE SERVICES AGREEMENT WITH
INTEGRUS LLC, (DBA ADVANCED OFFICE) FOR COPIER
MAINTENANCE SERVICES AND SUPPLIES THROUGH JUNE 30, 2025.
4.11 APPROVED PROFESSIONAL SERVICES AGREEMENT WITH TENNIS
ANYONE, INC. FOR CONTRACTED TENNIS INSTRUCTION
THROUGH JUNE 30, 2021.
4.12 APPROVED FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH ABSOLUTE INTERNATIONAL SECURITY, INC.
FOR SECURITY GUARD SERVICES THROUGH JUNE 30, 2021.
4.13 APPROVED CONSULTANT SERVICES AGREEMENT WITH PRINCE
GLOBAL SOLUTIONS, LLC FOR FEDERAL ADVOCACY SERVICES
RELATED TO THE SR57/60 CONFLUENCE PROJECT THOUGH JUNE
30, 2021.
4.14 APPROVED CONSULTING SERVICES AGREEMENT WITH
METROPOINTE ENGINEERS, INC. FOR DESIGN SERVICES OF
IMPROVEMENTS ALONG SOUTHBOUND DIAMOND BAR
BOULEVARD AT EASTBOUND SR-60 ON RAMP.
4.15 APPROVED MAINTENANCE SERVICES AGREEMENT WITH VALLEY
VISTA SERVICES, INC., FOR STREET SWEEPING SERVICES
THROUGH JUNE 30, 2025.
4.17 ADOPTED RESOLUTION NO. 2020-21 AUTHORIZING CONTINUED
PARTICIPATION IN THE NATIONAL INTERGOVERNMENTAL
PURCHASING ALLIANCE TO PURCHASE JANITORIAL SUPPLIES FOR
CITY FACILITIES FOR FISCAL YEAR 2020-2021.
4.18 APPROVED THIRD AMENDMENT TO THE VENDOR SERVICES
AGREEMENT WITH EXTERIOR PRODUCTS CORPORATION FOR
STREET DECORATIONS THROUGH JUNE 30, 2021.
JUNE 16, 2020 PAGE 13 CITY COUNCIL
4.19 APPROVED FIRST AMENDMENT TO THE f�1AINTENANCE SERVICES
AGREEMENT WITH BEST LIGHTING PRODUCTS, INC. FOR
MONTHLY LIGHTING INSPECTIONS AND MAINTENANCE THOUGH
JUNE 30, 2021.
4.20 APPROVED FIRST AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH BRIGHTVIEW LANDSCAPE SERVICES INC. FOR
LANDSCAPE MAINTENANCE SERVICES (CITY PARKS) THROUGH
JUNE 30, 2021.
4.22 APPROVED FIRST AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH TRANE U.S. INC. DBA TRANE FOR MECHANICAL
AND BUILDING AUTOMATION SYSTEM PREVENTATIVE
MAINTENANCE AND REPAIR SERVICES THROUGH JUNE 30, 2021.
4.23 APPROVED THIRD AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH B & T CATTLE F�OR WEED ABATEMENT
SERVICES THROUGH JUNE 30, 2021.
ITEMS WITHDRAWN FROM CONSENT CALENDAR:
4.16 APPROVE SECOND AMENDMENT TO TRAFFIC SIGNAL
MAINTENANCE SERVICES AGREEMENT WITH SIEMENS MOBILITY,
INC. THROUGH 2O20-2022.
MPT/Lyons said she was concerned because this item resulted in a 40
percent increase because of the three accidents that took out signals and
wanted to know if these items were subject to subrogation and return of
the money from the responsible parties.
CM/Fox responded that staff pursues insurance companies to seek
reimbursement for property damage. Timing can be somewhat delayed
and does not always follow within the same fiscal year. The contract
authorizes the expenditure side and costs are recuperated on the revenue
side as the funds come in to the City.
MPT/Lyons asked if the contract amount would be reduced back down for
subsequent years following collection of the monies.
CM/Fox responded yes, that the additional $40,000 would be utilized on a
time and materials basis if the City incurs damage and seeks replacement.
MPT/Lyons moved, C/Chou seconded, to approve Consent Calendar Item
4.16. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
r- � � .T
JUNE 16, 2020 PAGE 14 CITY COUNCIL
ABSENT: COUNCIL MEMBERS: None
4.21 APPROVE MAINTENANCE SERVICES AGREEMENT WITH MCE
CORPORATION FOR LANDSCAPE MAINTENANCE SERVICES (LLAD
NOS. 38, 39 & 41) THROUGH JUNE 30, 2023.
C/Low asked if once a decision is made about what to do with the LLAD's
� and the change occurs prior to the end of this contract, is the City able to
' terminate the contract at that point or would the City have to wait until
2023.
CM/Fox responded that standard language in the agreement always
provides the City as well as, the service contractor to cancel the
agreement at any time without cause given certain noticing.
C/Low said she has an interest in LLAD No. 39 and asked if she would
need to abstain from voting on this item. CA/DeBerry explained that
C/Low does not have to exclude herself because approval of this contract,
while it will help maintain the landscaping area, will not have any effect on
the Council Members income or property.
C/Low moved, C/Mahlke seconded, to approve Consent Calendar Item
4.21. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
5. PUBLIC HEARING(S): NONE
6. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chou thanked staff for putting the budget together which is something
everyone can be proud of given the circumstances. Once this pandemic is
behind us we will all come out of it better and stronger. He reminded business
owners that the Business Recovery Grant lottery opens next Monday at 9:00
a.m. He will host a virtual office hour on Thursday at 4:00 p.m. to go over the
program and help spread the message about the program. On June 4t" he
participated in the Black Lives Matter rally at the intersection of Grand Avenue
and Diamond Bar Boulevard. The City received a great report about the event
from Captain Reyes. He saw hundreds of residents, mostly local students and
parents, come together to highlight decades of unfair and unjust treatment of
African-American men and women at the hands of some law enforcement
officers. After the event, the Council Members received over 200 emails
pleading for action and to do their part in making sure that the Sheriff's
Department Diamond Bar contracts with is held to a higher standard. On June
JUNE 16, 2020 PAGE 15 CITY COUNCIL
13th, a rally was held at Peterson Park with over 100 students, parents and
grandparents showing up in solidarity with the movement. C/Chou said that he,
Congressman Cisneros and Sheriff Villanueva were honored to address the
crowd and read statements from Supervisor Hahn, and statements from his
colleagues on the Council. After that event, he continued to receive emails and
phone calls urging the City to act. He believes this is the Council's moment as
elected leaders to act and lead. If it pleases his colleagues and M/Tye, he
wanted to ask staff to prepare two resolutions to bring back at the next meeting
for Council's consideration: 1) a Resolution to join Supervisor Hahn and
Supervisor Mark Ridley-Thomas to urge the LA Sheriff's Department to adopt the
eight policies outlined in his email which are part of the Aid Can't Wait campaign
and to reduce police brutality in LA County. Additionally, he is also requesting
staff to draft a Resolution to support AB1196 as introduced by Assemblyman
Mike Gibson which seeks to ban the use of carotid artery restraint (vascular neck
restraint) by law enforcement, which is the type of chokehold that cuts off blood
circulation to the brain and causes damage and even death in many instances.
C/Mahlke thanked staff for the hard work on the budget which required a lot of
rethinking and redoing. She especially thanked them for giving her additional
time and energy as the new Councilmember needing to make sure she
understood the numbers and the acronyms. Tonight there were public comments
comparing funds for law enforcement and fire services in Diamond Bar which
was addressed by her colleagues. In looking at the City's budget and given an
accurate picture of what is happening, fire services for Diamond Bar are paid
through property taxes as part of the LA County Fire District. When the City
receives comments and emails saying funds should be moved from law
enforcement to the fire services, those are not accurate numbers when only one
number appears in the City's budget. For those who are pointing out that
firefighters need help because we have extended fire seasons or they need
updated equipment or other tools in order to perForm their jobs well, she agrees
with that. In March there was a measure put on the ballot to help support the LA
County Fire, Measure FD, which was defeated at the polls. In terms of the
suggestion that Diamond Bar should have its own police department, she did a
little rough math in terms of the suggestions and Pomona has their own PD at an
amount of over $62 million or 53 percent of their operating budget. She knows
that Pomona does not compare to Diamond Bar in size — Pomona is about two-
thirds bigger than Diamond Bar, but in applying rough math, it puts Diamond Bar
at about $20 million. Whittier has about 30,000 more people than Diamond Bar
and their last year's budget for their police department was over $25 million. She
believes in the contract city model for Diamond Bar and believes that the LA
Sheriff's Department and the changes they have previously made and will
continue to make, they will continue to look at the ways in which they hold
themselves accountable to the residents of Diamond Bar and accountable to
each other. Within the past several weeks Sheriff Villanueva has promised
increased review of policies and procedures and transparency for the department
and with the current bylaws and community-based policing being at the forefront
of that, he will be held to that. She is very interested in looking forward six
months or one year from now when the community sees reports and studies that
JUNE 16, 2020 PAGE 16 CITY COUNCIL
highlight the impact of these changes. And hopefully with those changes in place
that can be quantified, there will also be an earned trust within our community.
History has taught us that change does not happen overnighf. We saw that
yesterday with the historic Supreme Court decision for our LGBTQIA + family and
community members who are now included and protected by the 1964 Civil
Rights Act. Change doesn't happen overnight, but the first step is making the
commitment to create change. And she thinks that first step is happening now at
the local, state and federal levels, and as commitment to change becomes
changes in policy, she will continue to be diligent as a citizen and as a
Councilmember to ensure that we educate ourselves so that we can advocate in
productive ways to make sure that those changes that we want and need actually
happen. Thank you to everyone for their work this evening.
C/Low thanked C/Mahlke for her comments and agreed with her well-stated
comments regarding the idea that the contract is a better financial model for
Diamond Bar than having its own police department and with regard to
transferring money to the fire department as well as, the fact that changes do not
happen overnight and that as Council Members, we will be seeing those changes
and working toward that end. She expressed her great appreciation to CM/Fox
and FD/Honeywell for their excellent work in putting together the City's budget for
FY 2020-21. Each year the budget is a huge task and this year it was even more
difficult with the unexpected economic impact of COVID-19. Imagine trying to
project what the City's revenues will be when no one has seen a complete
shutdown of the economy before this pandemic. And yet, the executive team
presented a budget that is prudent, thoughtful and optimistic and very
transparent. She is personally very optimistic about Diamond Bar and with this
budget, it affirms the years of savings that the previous and current City Councils,
over the many years wisely set aside will carry Diamond Bar through this crisis.
Thank you to all previous City Council Members, some of whom are with us
today. Because of the Rainy Day Fund, the City is able to provide the services of
Public Safety, nice roadways and clean streets, well-kept parks, trails, tennis and
Pickleball courts, planning and development services, distribution of information
through media and directly to the community and services to seniors, such as
rides to medical appointments and shopping. And the City continues to provide
services that the residents of Diamond Bar are not able to see such as, the
computer system that keeps the City's information safe, the accounting system
that ensures that money is not misspent or stolen, the traffic management
system that keeps signals working and streets free of traffic jams and all of staff
who behind the scenes, keep tabs on the safety and well-being of the City's
residents 24/7. The budget reflects these priorities and the priorities of the entire
City Council which simply, is the well-being of our residents and City. Thank you
to staff for an outstanding effort and she looks forward to the next budget review
when the City can report additional revenues and the easing of health restrictions
so that some of the community events can once again be enjoyed by everyone.
She encouraged everyone to look at the City's website and in particular, the
dedicated page for COVID-19 relief, where one can see that the City Council has
enacted several things to help businesses recover and thrive including relaxing of
signage, permitting of outdoor dining, and a grant program for businesses.
JUNE 16, 2020 PAGE 17 CITY COUNCIL
MPT/Lyons said that with respect to C/Chou's proposal to enact "Eight Can't
Wait", that item is currently the policy of the Sheriff's Department which seems to
render the potential passage of a resolution redundant. A big thank you to
FD/Honeywell and her staff and especially SMA/Allen, for their efforts in
preparing the budget. She is certain it was definitely the most challenging effort
to date as revenues continued to change and decrease as the budget was being
put together. It sounds like a nightmare but it all was very professionally done.
She was able to place holds on materials and books at the library and pick them
up which can be done by anyone who has a library card. Anyone who does not
have a library card can apply for an electronic library card and check out eBooks.
She is not sure whether this is good news, but it is a sign that things are getting
back to normal that in the past couple of weekdays she heard about one accident
at the SR57/60 chokepoint which may be a sign things are beginning to return to
normal. With respect to the recent protest, American racism persists despite
decades of legislation and attempts to undermine it, which is frustrating for all
and especially for those who live under its negative power and consequences.
Overwhelmingly, the majority of Americans would affirm that they hate racism
and certainly in Diamond Bar, residents hate racism. Like all residents she
condemns racism and discrimination and looks forward to positive societal
changes.
M/Tye thanked the Plunkett's for mentioning Basil & Co. who the City thanks for
providing food and water on June 4th. We have fine businesses in Diamond Bar
and appreciate they are doing everything they can to make themselves visible
and to let people know they care about them. Thank you to the Sheriff's
Department who participated in keeping some 500 people safe. No one was
hurt. €verybody got to go home. No businesses were damaged or looted. It
was a great exercise of restraint and he is proud of those who wear the badge of
the Los Angeles Sheriff's Department whose efforts are greatly appreciated to
keep Diamond Bar safe.
CM/Fox asked for clarification on C/Chou's request to agendize items for the next
meeting.
M/Tye said he heard it was a request to prepare documents. He has no issue
with putting those items on the next agenda.
C/Chou restated his request for staff to place on the July 7t" City Council agenda
for discussion, his proposal for two resolutions as detailed in his comments this
evening.
M/Tye said there was some discussion about whether there was a need for a
meeting on July 7t". CM/Fox said he anticipated that there will be the need for a
City Council meeting on July 7tn
M/Tye felt there was a need to agendize the items put forth by C/Chou and he
would like to have Captain Reyes available for any questions the Council might
� �. . . �
JUNE 16, 2020 PAGE 18 CITY COUNCIL
have following staff's report.
MPT/Lyons asked if M/Tye would like for the Public Safety Committee to meet
with Captain Reyes regarding this matter prior to the July 7t" meeting and M/Tye
said he did not believe that was necessary.
ADJOURNMENT: With no further business to conduct, M/Tye adjourned the
Regular City Council Meeting at 8:09 p.m.
Respectfully submitted:
Kristina Santana, City Clerk
The r��c�ing minutes re hereby approved this 7th day of July, 2020.
,,-
Steve Tye, Mayo
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