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HomeMy WebLinkAbout10/07/2014 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 7, 2014 CLOSED SESSION 5:45 p.m., Room CC -8 Public Comments on Closed Session Agenda — None Offered. ► Conference with Real Property Negotiators — Government Code Section 54956.8 Property: APN: 8719-003-900 and 903 Agency Negotiator: City Manager and City Attorney Negotiating Parties: City; and, State of California Under Negotiations: Price and Terms of Payment ► Government Code Section 54957 Public Employee — City Manager Performance Evaluation CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 66:30 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California. CA/DeBerry reported that during tonight's Closed Session no reportable action was taken. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church, gave the invocation. ROLL CALL: Council Members Chang, Lyons, Mayor Pro Tem Tye and Mayor Herrera. Absent: Council Member Tanaka was excused. Staff Present: James DeStefano, City Manager; Ryan McLean, Deputy City Manager; David DeBerry, City Attorney; Dianna Honeywell, Finance Director; David Liu, Public Works Director; Greg Gubman, Community Development Director; Bob Rose, Community Services Director; Kimberly Young, Senior Civil Engineer; John Beshay, Associate Engineer; Anthony Santos, Sr. Management Analyst, Cecilia Arellano, Public Information OCTOBER 7, 2014 PAGE 2 CITY COUNCIL Coordinator; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Herrera and Council Members presented a City Tile to former Planning Commissioner Jack Shah. BUSINESS OF THE MONTH: 1.2 Presentation of City Tile to Luis Duarte, Owner, Paco's Tacos, Business of the Month for October 2014. Mr. Duarte was unable to attend. 2. CITY MANAGER REPORT AND RECOMMENDATIONS: 2.1 PWD/Liu introduction the City's newest staff member John Beshay, Associate Engineer. 2.2 Grand Avenue Beautification Project Update — PWD/Liu reported that this project is intended to design and construct streetscape enhancements including, but not limited to, decorative traffic signals; crosswalks featuring interlocking pavers with the diamond pattern; upgrading of medians and parkways with special design elements to add visual interest and highlight local history featuring pre -cast poles with timber rails and steel panels to displace images such as the windmill; pedestrian and accent lighting as well as, an enhanced landscape palate in the parkways and medians. The two locations under consideration include Grand Avenue at Diamond Bar Boulevard and at the easterly City limit line of Longview Drive. On April 1, 2014, staff presented the final concept plan to the City Council. Subsequently, the final design plans, based on input from Council and the community with material samples, was approved by the City Council on July 1, 2014 and staff was directed to move forward with the project with Council's concurrence. Design plans and specifications were presented to Caltrans on July 30 for authorization to proceed with construction. On September 10, Caltrans notified the City that the plans and specifications were approved allowing the City to advertise and award the project. Staff is currently working with the landscape architect to design and build a gateway monument at the easterly City limit line near Longview at Grand Avenue. Staff proposes that the design concept be ready to be presented to the City Council for input at its next OCTOBER 7, 2014 PAGE 3 CITY COUNCIL Study Session on October 21. Looking forward, the project is set as follows: After the October 21 Study Session with Council's concurrence to incorporate the gateway monument in the plans and specifications, staff will advertise and solicit public bids during the months of November and December; award a construction contract in January 2015 and with a 90 day construction schedule, complete the project by April/May 2015. 3. PUBLIC COMMENTS: Stephen Fomba, representing the San Gabriel Consortium on Homelessness, stated that his organization has the responsibility to coordinate homeless services and programming by facilitating partnerships among various service providers, educating community member agencies and advocating for appropriate housing and homeless services in the valley. He presented brochures to the City Council Members and spoke about the program and services it provides. He asked that the City Council consider adopting a proclamation to allow the establishment of a Homeless Awareness Week in the San Gabriel Valley that will coincide with the national Homeless and Hunger Prevention Awareness Week. Brittany (no last named) stated that the land at the Diamond Bar United Church of Christ for the Diamond Bar Community Garden has been cleared. The group is opening itself up to community members to build boxes and get the garden growing. A fundraising event will be held on October 26 from 1:00 p.m. to 5:00 p.m. at the site. For more information regarding the community garden, community members can call 909-861- 4735. Josh Murray, Teen Services Librarian, Diamond Bar Library, invited residents to participate in the October programs including Read Together Diamond Bar. He announced that on October 8 at 4:00 p.m. there will be an "open mike" night for children ages 4-11 in the Windmill Room; October 15 at 7:00 p.m. in the Windmill Room there will be a special viewing of a film based on the true story of a high school math teacher who inspired dropout prone students to learn calculus; October 18 at 2:00 p.m. in the AOMD Auditorium the library will host David Mao, Law Librarian of Congress who will discuss "Serving Digital Natives in Libraries Today" and at that time the winners of the Teen Essay Contest (Teen Read Week) will be announced. Event seats can be reserved by calling 626-960-2861. On October 22 at 6:30 in the Windmill Room the library will hold a book discussion about this year's Read Together Diamond Bar's book True Notebooks by Mark Salzman. On October 25 local children will be asked to contribute to a book the library will include in the City's Time Capsule in celebration of the City's 25th Anniversary. He also spoke about continuing OCTOBER 7, 2014 PAGE 4 CITY COUNCIL children and teen programs Surendra Mehta thanked M/Herrera and Council Members for allowing him, on behalf of his family and the Sunshine Senior Association family, to thank Jack Shah for his service as a Planning Commissioner and his service to the City and community and wished him well. Manju Kumar, 27 year resident said that for the past five years she has been working on social and climate issues and asked if the City was doing anything about water issues. She was concerned about big corporations like Kmart and Walmart'and felt Diamond Bar should be a model City with respect to water and climate issues and worries about water runoff and lack of respect for drought issues. She also stated that she as well as other residents would prefer to see more organic and healthy choices in businesses in smaller, casual and more intimate shopping centers. Diamond Bar has no place for residents to congregate and would like to see more open spaces where people could post things in a more intimate setting. There is a Facebook Club called "Diamond Bar Buzz." and people talk about wanting to have a better community with more personal contact with.more small businesses. Theresa Lee, thanked the City Council for the Millennium workshop which provided "The Country Estates" homeowners with a great deal of knowledge about the project. She asked that if the permit comes up for renewal the City Council consider how the community feels about the project and offer a public hearing for the 880 residents to allow residents the opportunity to decide whether or not to proceed with the development. Kurt Nelson, speaking on behalf of Millennium Diamond Road Partners, stated that in the past, he has come before the City Council regarding other projects such as the Crystal Ridge and Windmill Tract projects and doesn't understand why there is so much controversy and unhappiness about this project. However, he did hear many people who seemed to be uninformed about the facts of the project. What he has been hired to do, in part, is to help make sure that by February 2016 he will not be in front of the City Council asking for an extension of the Final Map and is very confident of that fact as long as something does not come completely out of left field or if completely unreasonable arguments cloud reality. To that end, he would be very happy to meet with any "The Country Estates" homeowners in the near future to let them know the facts. He is sad that folks in his tract (Crystal Ridge) are unhappy about this project because he knows and respects them and they purchased homes from his company. But respectfully, their homes would not be there if they had been turned away as many older residents of "The Country Estates" wanted to do in the 1990's. He offered his assistance in hopes that he could dispel fears. Individuals who wish to speak with him about meeting with residents can contact him at 714-272-1610 which is his personal OCTOBER 7, 2014 PAGE 5 CITY COUNCIL number. He intends to have an office in Diamond Bar in the near future and is willing to meet with people as soon as he gets up to speed on the issues because he believes sharing facts is key and does not understand the controversy. 4_ RESPONSE TO PUBLIC COMMENTS CM/DeStefano responding to the speaker that staff has reported to the City Council over the past regarding the drought conditions. The General Manager of the Walnut Valley Water District has spoken to the Council and residents about drought conditions and has encouraged residents to use a variety of steps and techniques for cutting back and conserving water usage. Diamond Bar has cut its water usage by 23 percent in the last billing statement since those formal drought conditions were adopted by the Water District and the City continues to look at ways to save water. As the Council knows and as the community is well aware, there is a massive amount of open space, parks, fields, ball fields, soccer fields, etc. all of which require a lot of water. Staff has looked at other ways to reduce that water usage level without stressing those properties too severely. Staff continues to pursue this matter and may see additional water savings in the City's medians which may result in the grassy areas turning brown. Staff is concerned that if the areas are stressed too much the City will lose the trees and shrubs as well and that some of the water systems are not separated to distinguish trees and shrubs from lawn areas at this time; however, staff is looking at all of these issues and possible solutions. The Water District is gearing up for a water rate increase and contemplating holding a community forum to discuss this very issue which would take place in November in the AQMD Auditorium. The date and time once announced will be posted on the City's website when the information is available. There is a possibility that a flyer has already gone out to residents regarding that forum. CM/DeStefano stated that with respect to the Kmart Center, staff received notice about a week ago from Sears Holdings, the parent company of Kmart, that the Kmart store in Diamond Bar would close by the end of this calendar year (about mid-December). Staff understands that Kmart and/or Sears will be closing over 130 stores across the United States in the next few months as a part of the continuing downsizing of their retail inventory. Sears Holdings bought Kmart about eight years ago. Sears Holdings is more of a real estate company than it is a retail operation and Sears Holdings has been redeveloping properties across the US. In Diamond Bar's case, Kmart still controls the lease. Even with a dark store, Kmart still controls the lease so Sears Holdings will likely be coming to the City asking to transform that center into some other product. City officials have not met with Sears Holdings and do not know what type of product choices might be proposed at this point. The property owner (The Charles Company) is well aware of what is occurring. OCTOBER 7, 2014 PAGE 6 CITY COUNCIL CM/DeStefano met with the property owner last week to talk about future possibilities, what Sears Holdings and Kmart is doing in other cities where they are closing stores, and what could be done with that real estate. But it is far too early in the process to know what could come next. The creation of more community gathering places is exactly the type of product City officials and residents would like to see in Diamond Bar. There are very limited choices in Diamond Bar because Diamond Bar does not have a lot of land and does not have willing property owners of existing properties that are interested in tearing down and redeveloping those properties. Urban areas like Pasadena which was referenced by the speaker has a lot mote choices, historic character, significant daytime population base with employees, synergy with other shopping centers, intensity of development and people who live in the downtown areas in multi -family products, etc. That palate of typical characteristics does not exist in Diamond Bar which has a suburban atmosphere which makes it much more difficult to create an urban atmosphere. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Traffic and Transportation Commission Meeting — October 9, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive 5.2 Planning Commission Meeting — October 14, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting — October 21, 2014 - 6:30 p.m., SCAQMD Auditorium, 21865 Copley Drive. 5.4 Time Capsule Dedication — Saturday, October 25, 2014 — 4:00 p.m., Diamond Bar City Hall, 21810 Copley Drive. 5.5 Halloween Haunted House — October 30 & 31, 2014 — 6:00 p.m. to 9:00 p.m., Heritage Park, 2900 S. Brea Canyon Road. 5.6 Fall Fun Festival — October 31, 2014 — 4:30 p.m. to 8:30 p.m., Heritage Park, 2900 S. Brea Canyon Road. 6. CONSENT CALENDAR: MPT/Tye moved, C/Lyons seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Tanaka OCTOBER 7, 2014 PAGE 7 CITY COUNCIL 6.1 . APPROVED CITY COUNCIL MINUTES — Regular Meeting of September 16, 2014. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of August 28, 2014. 6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting Minutes for August 12, 2014. 6.4 RATIFIED CHECK REGISTER — Dated September 11, 2014 through September 30, 2014 totaling $2,709,889.51. 6.5 APPROVED TREASURER'S STATEMENT — Month of August 2014. 6.6 APPROVED CONTRACT AMENDMENTS FOR ON-CALL TRAFFIC ENGINEERING SERVICES WITH: A) ADVANTEC CONSULTING ENGINEERS, B) ITERIS, C) KOA CORPORATION, D) FEHR & PEERS, AND E) SASAKI TRANSPORTATION SERVICES FOR A PERIOD OF TWO (2) YEARS. 6.7 APPROVED CONTRACT AMENDMENTS FOR ON-CALL SOILS AND GEOTECHNICAL ENGINEERING SERVICES WITH: A) LEIGHTON AND ASSOCIATES, INC, B) WILDAN GEOTECHNICAL AND, C) NINYO AND MOORE FOR A PERIOD OF TWO (2) YEARS. 6.8 AWARDED PROFESSIONAL ENGINEERING SERVICES CONTRACT FOR ON-CALL CIVIL ENGINEERING WITH: A) HALL AND FOREMAN, INC., B) ONWARD ENGINEERING, C) PENCO ENGINEERING, INC. AND, D) DMS CONSULTANTS FOR A PERIOD OF THREE (3) YEARS. 6.9 AWARDED A DESIGN CONSTRUCTION ADMINISTRATION SERVICES CONTRACT FOR AREA 3 RESIDENTIAL AND COLLECTOR STREET REHABILITATION TO ONWARD ENGINEERING IN THE AMOUNT OF $109,003.00; AND, AUTHORIZED A CONTINGENCY AMOUNT OF $10,900.00 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $119,903. 6.10 APPROVED NOTICE OF COMPLETION FOR MEDIAN MODIFICATION PROJECT ON DIAMOND BAR BOULEVARD AT KIOWA CREST DRIVE. 7. PUBLIC HEARING: None OCTOBER 7, 2014 PAGE 8 CITY COUNCIL 8. COUNCIL CONSIDERATION: 8.1 ADOPT RESOLUTION NO. 2014-40: ESTABLISHING A TRAVEL, EXPENSE AND REIMBURSEMENT POLICY IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 53232.2 AND 53232.3, AND RESCINDING RESOLUTION NO. 2008-11 IN ITS ENTIRETY CM/DeStefano explained that this matter is brought before the Council from time to time to polish and update the City's Travel Expense and Reimbursement Policy. Staff has a variety of recommended changes to the policy, the details of which will be presented by FD/Honeywell. Options to staff's recommended adoption include 1) adopt as recommended revising the document; 2) return the document to staff and/or audit committee for further work or; 3) reject the proposal and maintain the existing travel and expense policy last adopted in 2008. FD/Honeywell presented the proposed revision of the City's Travel Expense and Reimbursement Policy that was last updated in 2008. The City recognizes the value of attendance by City officials and employees at business meetings and professional conferences that benefit the City and there are times when these conferences may require travel. Currently, the policy outlines the accepted method of travel, lodging, expense report, per diem and compliance with all state laws. Policies such as this are reviewed on a regular basis to ensure that current laws and best practices are being followed. In order to maintain this practice of transparency, staff has prepared revisions to the policy for Council's consideration. Revisions include the following changes: Per Diem advances may no longer be claimed by any official or employee that has been issued a City credit card. Officials that have not been issued a City credit card may still claim a per diem advance of $70 per day, but purchases using that advance must be documented with receipts and any unused per diem must be returned to the City. Employees proposing overnight travel must complete the travel authorization form and submit it to the City Manager for approval of overnight travel. C/Chang moved, MPT/Tye seconded, to Adopt Resolution No. 2014-40: Establishing a Travel, Expense and Reimbursement Policy in Accordance with California Government Code Sections 53232.2 and 53232.3, and Rescinding Resolution No. 2008-11 In Its Entirety. Motion carried by the following Roll Call vote: OCTOBER 7, 2014 PAGE 9 CITY COUNCIL AYES NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Chang, Lyons, MPT/Tye, M/Herrera None Tanaka 8.2 FIRST READING OF ORDINANCE 07 (2014): REVISING THE CITY'S PURCHASING SYSTEM, AMENDING THE DIAMOND BAR MUNICIPAL CODE AND, RESCINDING ORDINANCE NO. 05(2006) IN ITS ENTIRETY CM/DeStefano stated that similar to his comments regarding the City's Travel and Reimbursement Policy, the City Purchasing Policy was last adopted in 2006 and has been brought to the City Council over the years for purposes of refining the document to incorporate best practices and polishing of the document. Staffs recommendation is for City Council approval of the document by adopting First Reading of the Ordinance and setting Second Reading for the next City Council meeting. Council can adopt this matter as recommended by staff; revise it through comments this evening and adopt it; return it to City staff and/or audit committee review for further work; or, maintain the existing Purchasing System and Ordinance last adopted in 2006. FD/Honeywell will provide information on this matter. FD/Honeywell reported that this item is a proposed revision of the City's Purchasing System that was last updated in 2006. Since that time there have been many changes and updates to what is considered "best practices" in the field of purchasing and the revisions found in this proposed Ordinance reflect those changes. Highlights of changes to the Purchasing Ordinance are: The City Manager is designated as the purchasing manager and also establishes his or her authority to delegate the responsibility to "Purchasing Agents" and "Purchasing Delegates"; the contractual authority levels are proposed to change to the following: Division Managers would have authority up to $5,000; Department Directors and the Deputy City Manager would have authority up to $10,000; the City Manager would have authority up to $40,000, and anything over $40,000 would go to the City Council for approval. There is also a new section that outlines step by step the purchasing procedure and what to do from the time that bids and quotes are being sought to when the purchase order is generated and payment is made. There is also a section that highlights when exceptions to this procedure are allowed. There is another new section which outlines the formal bid process for items costing over $40,000 and a new section that outlines the bid procedures required for public projects and public works contracts. These types of contracts have very specific rules which staff felt would be OCTOBER 7, 2014 PAGE 10 CITY COUNCIL beneficial to have as part of the comprehensive document. There is a section on change orders which says that "any change order that results in a total contract amount of more than $40,000, or substantially changes the terms, or results in cost in excess of a cost a Council award plus any contingency must go back to the City Council for approval. It also allows the City Manager or Purchasing Manager to approve. change orders for contracts approved by the City Council in an amount up to ten percent (10%) of the contract, not to exceed $40,000. There is a new section which details the requirements for procuring professional services and the use of Request for Proposals. It also gives guidelines for selection processes and what the requirements are with respect to multi-year contracts. There has been the elimination of the "approved vendor list" which will ensure that due diligence is followed each and every time that a purchase is made and that each vendor has an equal chance of prevailing in the bidding process. MPT/Tye acknowledged a job well done by FD/Honeywell who fully informed the audit committee and took time to update the Ordinance and bring it into compliance. C/Lyons moved, C/Chang seconded to approve First Reading of Ordinance No. 07 (2014): Revising the City's Purchasing System, amending the Diamond Bar Municipal Code and, Rescinding Ordinance No. 05(2006) in its entirety. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Tanaka 8.3 APPOINTMENT TO THE PLANNING COMMISSION TO FILL THE UNEXPIRED TERM OF JACK SHAH. M/Herrera announced that she received applications from three very qualified and impressive individuals and that she wishes to appoint Jennifer "Fred" Mahlke to the position of Planning Commissioner effective Friday, October 10, 2014. M/Herrera moved, C/Lyons seconded, to approve appointment of Jennifer "Fred" Mahlke to the position of Planning Commissioner effective Friday, October 10, 2014. Motion carried by the following Roll Call vote: OCTOBER 7, 2014 PAGE 1.1 CITY COUNCIL AYES: COUNCIL MEMBERS: Chang, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Tanaka Mrs. Mahlke spoke about her background, said she loves the City. She thanked the City Council for the appointment from Traffic and Transportation Commission Chairperson to Planning Commissioner. She hopes to serve in the same thoughtful and compassionate spirit and with a spirit of "community first: as did Jack Shah. M/Herrera welcomed Mrs. Mahlke to the Planning Commission. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang said that as usual residents can follow her on a variety of media outlets. A couple of weeks ago she visited Three Valleys MWD and received a tour of the facility and engaged in discussions regarding the drought and the Water Bond. She encouraged residents to check out the MWD Twitter and Facebook pages to receive updates on creative solutions to water conservation and drought issues. She welcomed AE/Beshay to the Diamond Bar family, thanked Jack Shah for his services to the City on the Planning Commission and welcomed Jen Mahlke as the new Planning Commissioner and thanked her for her service. C/Lyons said that in September she attended the San Gabriel Valley Council of Governments meeting as the alternate to M/Herrera. She thanked M/Herrera for the opportunity to attend a very interesting meeting. She also attended the Grand Opening of the H.H. Dorje Chang Buddha III Cultural and Art Museum in Covina where she enjoyed the fine paintings, artwork, carvings and prints. The museum has a very, very large collection of original art. While there is no charge to attend, individuals must call for a reservation at 626-281-6378. She encouraged residents to enjoy the building and its contents. She attended the first event for Read Together Diamond Bar last Wednesday evening sponsored by the Diamond Bar/Walnut American Association of University Women and Friends of the Diamond Bar Library which was a panel on juvenile justice which is the theme of the featured book True Notebooks. She expects all of the events during the month to be excellent events and encouraged residents to check it out at the Library and attend one or more of the events. OCTOBER 7, 2014 PAGE 12 CITY COUNCIL MPT/Tye congratulated AE/Beshay. Diamond Bar is a great family. Kmart is closing and whenever one door, or in this case one store, closes, another opens and the City looks forward to a new beginning in that location which will be of great benefit to the City. Last week he attended the TIGER Grant Appreciation meeting with the City of Industry. Thanks to the team that made the grant possible. He congratulated "Fred" Mahlke on her appointment to the Planning Commission and announced that there is now an opening on the Traffic and Transportation Committee and anyone interested should contact CC/Cribbins and provide her with an application for possible appointment. M/Herrera thanked MPT/Tye for chairing the last City Council meeting. She heard he did a stellar job and apologized for stealing his Traffic and Transportation Commissioner. She congratulated Jennifer on her appointment and new employee AE/Beshay. She again thanked Jack Shah for his many years of service to the community. Jack has been a wonderful representative of the community attending different events and provided the City with his expertise on the Planning Commission. She wished him well as he moves to his new residence in another area. M/Herrera wished C/Tanaka a speedy recovery so that he can rejoin the City Council for its next meeting. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the City Council Meeting at.7:40 p.m. TOMMYE tRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 2lstday of october 2014. CAROLHERRERA,MAYOR