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HomeMy WebLinkAbout12_18_18 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 18, 2018 CLOSED SESSION: Public Comments: 5:30 p.m., Room CC -8 None Closed Session Pursuant to Government Code Section 54956.9(d)(1) Conference with legal counsel — existing litigation City of Diamond Bar v. City of Industry, et al Los Angeles Superior Court Case No. BS173224 City of Diamond Bar v. City of Industry, et al Los Angeles Superior Court Case No. BS171295 City of Diamond Bar v. Oversight Board of the Successor Agency To the Industry Urban -Development Agency, et al, Sacramento superior Court Case No. 34-2017-8000027 17-CY-WMGDS Closed Session Pursuant to Government Code Section 54956.9(d)(2) Conference with legal counsel — anticipated litigation (one case) CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:33 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. CM/Fox stated that there were no reportable actions from this evening's Closed Session. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Diana ,Navar, Associate Pastor, Diamond Canyon Christian Church, provided the Invocation. ROLL CALL: Council Members Chou, Low, Lyons, Mayor Pro Tem Tye, and Mayor Herrera Staff Present: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; David DeBerry, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Greg Gubman, Community Development Director; Ryan Wright, Parks and Recreation Director; Anthony Santos, Assistant to the City Manager; Amy Haug, Human Resources/Risk Manager; Marsha Roa, Public Information Manager; and, Tommye Cribbins, City Clerk. DECEMBER 18, 2018 PAGE 2 CITY COUNCIL APPROVAL OF AGENDA: As Presented. 1. 2 3. 4. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M1Herrera, City Council Members, Jody Roberto, Diamond Bar Community Foundation, Cameron Griffin with State Senator Ling Ling Chang, Paulette Maskarino with Assemblyman Phillip Chen and Lauren Yokomizo representing Supervisor Janice Hahn's office also provided Certificates and prizes to the winners of the 2018 Through My Leas Contest. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. PUBLIC COMMENTS: Jody Roberto, speaking on behalf of the Pacific Crest Drum & Bugle Corps invited everyone to attend a free show at Diamond Bar High School on December 28th at 8:00 p.m. featuring the Pacific Crest Band who will be performing in the Rose Parade. Pui-Ching Ho, Diamond Bar Librarian, spoke about upcoming library events during the months of December 2018 and January 2019. On behalf of the library, she wished everyone a Happy Holiday season. Douglas Barcon spoke on Agenda Item 7.1b ADA curb ramps in Area 1 expressing his concerns about the installation of curb ramps at the intersections of Red Cloud Drive, North Rock River Drive and Gunsmoke Drive at North Rock River Drive due to the potential of damage from rainwater flowing up the ramps and down the sidewalks on the south side of North Rock River Drive as it runs downhill toward Prospectors Road. RESPONSE TO PUBLIC COMMENTS: CM/Fox recommended deferring a response to Mr. Barcon's comments to Agenda Item 7.1. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Diamond Bar Holiday Ride — continues through January 2, 2019. Riders can schedule.a free trip inside the City for restaurants and shopping. 5.2 Parks and Recreation Commission Meeting — December 20, 2018 — 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Christmas Holiday — December 24 and December 25, 2018 — City Offices closed in observance of the Christmas Holiday. City offices reopen on Wednesday, December 26, 2018 at 7:30 a.m. DECEMBER 18, 2018 PAGE 3 CITY COUNCIL 5.4 New Year's Holiday — January 1, 2019 -W- City Offices closed on Tuesday, January 1, 2019 in observance of the New Year's Holiday and reopen on Wednesday, January 2, 2019 at 7:30 a.m. 5.5 City Council Meeting — January 1, 2019 (canceled). 5.6 Planning Commission Meeting — January 8, 2019 — 6:30 p.m., Windmill Community Room, 21810 Copley Drive (canceled). 5.7 Traffic and Transportation Commission Meeting — January 10, 2019 — 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.8 City Council Meeting — January 15, 2019 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: ClLyons moved, CILow seconded, to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MEETING MINUTES: 6.1a . Regular Meeting Minutes of December 4, 2018 as approved. 6.2 RATIFICATION OF CHECK REGISTER DATED NOVEMBER 29, 2018 THROUGH DECEMBER 12, 2018 TOTALING $2,225,651.21. 6.3 APPROVED NOTICE OF COMPLETION FOR THE COPLEY DRIVE AND GOLDEN SPRINGS DRIVE TRAFFIC SIGNAL AND INTERSECTION MODIFICATION PROJECT. 6.4 ADOPTED RESOLUTION 2018-42 AMENDING THE COMPENSATION PLAN FOR PARTTIME CLASSIFICATIONS OF EMPLOYMENT EFFECTIVE DECEMBER 22, 2018. 6.5 APPROVED ADDITIONAL EXPENDITURES FOR SPECIAL LEGAL SERVICES IN THE AMOUNT NOT -TO -EXCEED $250,000 FOR CONTINUED SPECIAL LEGAL SERVICES PROVIDED BY SHEPPARD, MULLIN, RICHTER & HAMPTON, LLP. 6.6 RATIFIED THE MAYOR'S APPOINTMENTS AND ADOPTED RESOLUTION NO. 2018-43 CONFIRMING APPOINTMENTS TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS. DECEMBER 18, 2018 PAGE 4 CITY COUNCIL 7. PUBLIC HEARINGS: 7.1 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ALLOCATIONS FOR FISCAL YEAR 201912020. CDD/Gubman presented staffs report on the CDBG proposed budget for Fiscal Year 20191!2020, Funds may be used for a variety of activities such as, Public Services, ADA Retrofit Improvements for Parks, Public Works Projects, and Home Improvement Programs and must benefit low and moderate income persons or presumed eligible persons such as the elderly and disabled. CDD/Gubman provided information on requirements prior to the approval of the programs and budget and presented recommendations for funding based on the proposals submitted and the estimated availability in funds. The City of Diamond Bar's preliminary allocation for the upcoming fiscal year is $216,636.00. In addition to the annual allocation, the City will have 58,688.00 from the accumulated balance of unexpended CDBG funds to use for the Fiscal Year 2019/2020 program_ The total of these two sources is $275,324.00. For the new funding allocation of $216,636.00, 15 percent must be used to fund Public Service programs; 85 percent must be used to fund construction such as Public Works projects. With respect to the Public Services component of the budget, the City received one consolidated application to support Diamond Bar's Senior Programs. No other competing applications were received. It is recommended that the entire allocation of $32,495.00 be budgeted for Senior Programming. For the Public Works and Housing Programs, the remaining 85 percent of the estimated new allocation must be applied toward public improvements and other eligible rehabilitation projects. As stated, $58,688.00 in rollover funds is restricted to Public Works projects. Staff recommends that 160,000 be allocated for the Area 1 Residential Neighborhood ADA Curb Ramps Improvements Projects and $82,829 be allocated for the Home Improvement Program. The Home Improvement Program provides deferred loans to eligible low and moderate income homeowners for necessary home improvements as well as, repairs to mitigate Building and Safety Code deficiencies and/or violations. The proposed allocation includes Program Administration funds for the HIP Consultant and in the current and prior fiscal years the City Council historically approved $100,000 in funding. However, it has been a DECEMBER 18, 2018 PAGE 5 CITY COUNCIL challenge to secure applicants that qualify for the program and the most the City has been able to disburse in a single year recently, including administration costs, has been less than $75,000. Since the unspent funds must then be rolled over into unallocated funds for the following year, staff believes that for the upcoming budget it would be more appropriate to reduce the HIP funding level so that it more closely aligns with likely spending levels. To recap, the CDBG Budget for Fiscal Year 2019/2020 table breaks down the Public Services budget and as stated, it would be entirely earmarked for the Senior Programs; the Public Works and Housing allocation. would be $160,000 would be fully funded; and, the balance of $82,529 (monies available) would be budgeted for the Home Improvement Program, for a total budget estimate of $275,324.00. PWD/Liu said that for Area 1 approximately 48 new ADA ramp compliant locations are proposed and staff is very much aware of the potential drainage issues due to the topography of the City with respect to some of the neighborhood streets, especially in the northern part of the City. Throughout the development history of the City, drainage diverters are seen within some parkway areas to direct water away from private property on steep streets. The area specifically brought to Council's attention this evening in the area of Gunsmoke and Redcloud, each location will be studied as part of the design effort. Staff will look at the drainage pattern to make sure that as part of the design, those parkway drainage diverters will be installed as part of this project. Staff will work with property owners and residents to make sure the solution alleviates or mitigates those drainage concerns expressed to the Council this evening. MPT/Tye said he was encouraged that the City did not have a lot of takers on the Home Improvement Program; however, if the budget adjustment is reduced and there are five or six applicants applying for the $20,000, would that mean those additional applicants would have to wait until the following year or could those additional requests be funded in another matter. CDD1Gubman said the Council could do a budget adjustment if the City were fortunate enough to be able to approve applications past the initial screening process or after initiating the application residents were to elect to continue. C/Lyons asked what the maximum allowed income was for the Home Improvement loan. CDDIGubman said it would be 80 percent of the median income for Los Angeles County which is at this time, approximately $61,500. DECEMBER 18, 2018 PAGE 6 CITY COUNCIL C/Lyons felt there were many seniors whose income would fall below that 61,500 mark and it seems Diamond Bar should have a lot more applicants and asked why there are not more applicants. CDDIGubman said that staff received 10 applications during the current fiscal year and of those, five did not meet the income limitations or their properties were over encumbered with liens so that they were not qualified for the program. Staff makes an effort to promote the Home Improvement Program through interactions with the public and the Code Enforcement Officers carry brochures promoting the program as well so that if staff observes that the homeowner is potentially in need of funding to bring their property into compliance, the program is promoted. C/Lyons asked if the application was too onerous for some applicants. CDDIGubman responded that it is similar in many respects to doing a refinance of the property and can become somewhat daunting for some folks or they do not realize until they get underway that it is not a grant and although it is interest-free and payment -free it will be paid at the time of the sale or refinance of their property. ClLyons asked if the YMCA had applied for funds in the past. CDDIGubman explained that the YMCA had been a recipient of CDBG monies in the past and it has been about four year since they elected to participate in the program. Their main reason for choosing to discontinue participating is that the documentation and income verification for participants was more work than they felt it was worth for a $10,000 grant. C1Chou asked how these deferred interest loans are paid back or do recipients pay it back. CDDIGubman explained that the loan would become due upon the sale or refinancing of their property. CILow asked if this total was part of the CIP budget that was approved earlier this year for the upcoming year. CDDIGubman explained that this would be part of the budget for Fiscal 201912020, the budget year that commences July 1, 2019. CILow asked if the amount the City expects to receive has been consistent in the past five to 10 years or has it fluctuated? CDDIGubman said that the City has seen in most years it becoming a bit less than the prior year. The guideline from CDC is to use what the allocation for the City is for the current year to estimate future obligations. DECEMBER 18, 2018 PAGE 7. CITY COUNCIL CILow asked if the 85 percent of the funds which would be used for removing barriers and construction improvements could be used for any of the work for Sycamore Canyon Park. CDDIGubman explained that these funds could not be used for work in Sycamore Canyon Park. It would only be if there were architectural and material barriers for accessibility within the park that this project would remedy. In addition, it would mean that the entire project would be under review of CDC to ensure the City was not using the money to do any types of new improvements or repairs of something that needed to be replaced. It would be very difficult to find a way to use funding to apply toward that type of situation. The CDC is very stringent in ensuring that the funds are used only where there are existing deficiencies in providing access for the disabled or elderly. CILow said she noticed on the map where ramp improvements were to be made in Area 1 but recalled that roadway improvements were being done in Area 7 in Fiscal Year 2019/2020 and asked why ramp improvements would not be done in that area instead of Area 1 or are the needs greater in Area 1. CDDIGubman said it was more of timing issue. Staff is finishing with Area 6 and is ready to move forward with Area 7 fairly soon which will already be underway when this item is included in the budget given that the current year's budget monies have been used for Area 6 making it more prudent to leapfrog to Area 1 on the ADA Improvements so that in the subsequent years staff can follow up with resurfacing improvements on the roadway. MlHerrera opened the Public Hearing at 7:26 p.m. With no one wishing to speak on this item, MlHerrera closed the Public Hearing at 7:27 p.m. MPTITye moved, CILow seconded, to adopt Resolution 2018-44 approving the CDBG funding allocations for fiscal year 2019-2020. Motion carried by the following Roll Call vote.- AYES: ote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Chou, Low, Lyons, MPTITye, MlHerrera None None DECEMBER 18, 2018 PAGE 8 CITY COUNCIL 8. COUNCIL CONSIDERATION. 8.1 AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING THE PROVISIONS OF THE DIAMOND BAR MUNICIPAL CODE RELATED TO STREET VENDING. ACM/McLean presented staffs report stating that this item is the first reading of an Ordinance that amends provisions to the Code related to Street Vending, which is in response to Senate Bill 946, the Safe Sidewalk Vending Act signed into law by the Governor in September and becomes effective on January 1, 2019. Essentially, SB946 prohibits cities from regulating street vending of all types unless there is a licensing system in place or the city has adopted a Code that is in substantial compliance with the terms of SB946. Cities may no longer ban or prevent street vendors from operating on public sidewalks or pedestrian paths unless that ban is directly related to health, safety and welfare concerns. Within the Ordinance before the City Council this evening, the amended provisions include the following: 1) Ensuring that all wares sold by street vendors related to food meet established safety standards; 2) Ensure the peace and' safety of the residential neighborhoods during non -business hours and ensure those who live in those neighborhoods have uninterrupted family time, recreation, sleep and easy commutes to school and work, free of interference; 3) Street vendors are prohibited in all residential zones between the hours of 8 p.m. and 9 a.m. Street vendors may not operate on public property except for sidewalks and paved or decomposed granite trails to ensure that there is a safe path of travel for pedestrians, bicyclists, those with disabilities and any other individuals on those paths of travel; 4) Street vendors may not operate on private property unless granted express permission by the property owner; 5) Street vendors are prohibited from operating in a City park during times when the City is hosting a special event such as, the Winter Snowfest, 4th of July or the City Birthday, or if the City has issued a Special Events Permit fora special event in one of those facilities; and, 6) Violators are subject to administrative penalties that are set forth in the State Government Code matching those related to S13946. MPT/Tye asked who will ensure that all wares and food meet established safety standards. ACM/McLean responded that the street vendor would have to secure the proper health permits to sell food from the LA County Department of Health, similar to how the City would work with vendors at a special event. MPT/Tye asked in what form the vendor would have to have express permission to be situated on private property. This has not been well thought out and it will fall to the City and is ultimately unenforceable. DECEMBER 18, 2018 PAGE 9 CITY COUNCIL ACM/McLean said that with this Ordinance should a situation arises wherein a street vendor is in violation of the provisions of the City's Code, the City has recourse. C/Low asked that for the Second Reading staff provide a copy of the entire Code with the redlined new provisions. C/Lyons asked if the street vendors would be getting health permits similar to those provided to restaurants that indicate a grade (Grade A, B, C). ACM/McLean explained that there is a Mobile Food Cart Health Permit the County provides and he is not aware whether they are graded. ClLyons asked how the City would get sales tax on goods sold. CAIDeBerry said that if the vendor is selling goods in the City they would be required to collect and report sales tax like any other business. Whether that actually happened and how the City would go about tracking their failure to do so, he is not sure. ClLyons surmised that a food vendor who regularly sets up in the City could probably be tracked. If she understands this correctly, even though the City does not like this idea it is better that the Council pass something to provide rules around what might take place in the City. ACM/McLean agreed with ClLyons assumption. CA/DeBerry said that if what the City has does not defensibly conform to State Law, the City cannot enforce what it has which is why this is being done. ClLyons said that the City should be able to collect sales tax if anyone actually starts selling food. CAIDeBerry said there would be no exception that he is aware of. If the transaction occurs in the City of Diamond Bar, the vendor would be responsible for collecting the sales tax and remitting that to the City just like any other vendor would be. ClLyons asked if the vendor was obligated to fill out paperwork with the City in addition to the County. ACM/McLean responded that the vendor would need a "Business License" from the City to do business in the City. ClLyons asked if there was something in the paperwork that obligated the DECEMBER 18, 2018 PAGE 10 CITY COUNCIL vendor to provide sales tax revenue. ACM/McLean said he did not believe there was anything in the Business License that says that because the Board of Equalization would be collecting the sales tax. ClLyons recommended that language be added to the application or to the Business License -itself as a reminder to the vendors of their obligation to collect and pay those sales tax dollars to the Board of Equalization because Diamond Bar was entitled to its share of those tax dollars for allowing the vendors to do business in Diamond Bar. C/Chou asked if either SB946 or the City's Ordinance dictate whether or not the vendors have to be moving or whether they can remain stationery in a specific location. ACM/McLean responded that the vendor does not have to be moving but they cannot block the path of travel. MlHerrera asked if anyone in the public wished to comment on this item. With no one indicating a desire to speak on this item, MlHerrera asked for Council action. CILow moved, ClLyons seconded to introduce for first reading by title only, waive full reading and schedule the second reading and adoption at the next regularly scheduled City Council meeting. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye, MlHerrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chou said he had the pleasure of attending the Snowfest, which was very well done. He thanked staff for their hard work in providing this event. CILow attended the Holiday Event for the Diamond Bar Volunteer Patrol thanked the men and women of the Volunteer Patrol who do excellent work for the City throughout the year. She thanked staff for their excellent customer service and work over the past year, numerous projects and other accomplishment they have completed on time and under budget. She thanked Captain Reyes and his staff for the excellent law enforcement assistance through DECEMBER 18, 2018 PAGE 11 CITY COUNCIL the year and wish everyone Happy Holidays and New Year. ClLyons thanked staff for the wonderful Snowfest. Holding the event in December rather than January allowed for those extra special holiday activities to be included and she thanked staff for their foresight in planning this year's event. ClLyons said that wherever she goes Tres Hermanos is the number one thing she is asked about. Many have read in the paper recently that the City of Commerce is now making a play to gain control of Tres Hermanos. She reassured everyone that the entire Council and staff is paying very close attention. Last week she along with Mayor Herrera and CMIFox testified about the need for local control of Tres Hermanos and everyone can be assured that the City will not rest until this happens. She wished everyone a Merry Christmas, Happy Holidays and a Happy, Healthy and Prosperous New Year! MPTITye reported that he joined CM/Fox, MlHerrera and ClLyons in saying goodbye to Congressman Ed Royce last evening. The City Council appreciates his efforts on behalf of the residents he served and wishes him Godspeed as he heads into retirement. MPTITye congratulated Alejandro Contreras, the Grand Finale Winner of this year's Through My Lens contest from among 90 entrants. A special thanks to the Diamond Bar Community Foundation for co -sponsoring the photo contest and providing the monetary prizes to the winners. He wished everyone a Merry Christmas and a very safe and Happy New Year. MlHerrera said she is the City's representative on Foothill Transit. Recently, there was a Governing Board meeting during which Foothill Transit celebrated its 30th Anniversary. Foothill Transit also had a five-hour strategic planning meeting this morning to talk about how, as they move forward to electrify their fleet of 380 buses in 2030. MlHerrera wished everyone a Merry Christmas and Happy Holidays and a very safe and Happy New Year. ADJOURNMENT: With no further business to conduct, MlHerrera adjourned the Regular City Council Meeting at 7:45 p.m. to January 15, 2019. TOMMYE tRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 15th day of January , 2019. CAROL HERRERA, MAYOR