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HomeMy WebLinkAbout11/04/2014 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION NOVEMBER 4,2014 STUDY SESSION: M/Herrera called the Study Session to order at 6:00 p.m. in Room CC -8, South Coast Air Quality Management District, 21865 Copley Drive, Diamond Bar, CA 91765 Present: Council Members Ling -Ling Chang, Nancy Lyons, Mayor Pro Tern Steve Tye, and Mayor Carol Herrera, Absent: Council Member Jack 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; Ken Desforges, IS Director; Marsha Roa, Public Information Manager; Amy Haug, Human Resources Manager, and Tommye Cribbins, City Clerk. CONSIDERATION OF PAPERLESS CITY COUNCIL AGENDAS AND PURCHASE OF iPAD TABLETS. DCM/McLean provided the City Council with a proposal to replace paper packets (agenda, reports, documents, etc.) by utilizing iPads. This would allow Council Members to view agenda items and reports in a digital format. The use of ipads would allow Council to scroll through each ' item, review the item and annotate, highlight, and bookmark them for reference. Both the IS and Public Information Departments have spent time looking at the options available through existing video streaming systems and how it would integrate and work within these systems to meet the goal of paperless agenda systems. The format was successfully tested at several meetings. In order to roll out the system the City would need to purchase tablets/iPads. These devices would be used only for City purposes and users would be required to follow the City's IS policy for desktop computers. M/Herrera asked if personal iPads could be used DCM/McLean said they could be connected to the system; however, there are some features and functionalities that staff would prefer to issue the City's own laptops and add the other capabilities giving staff the ability to do remote wipes or track the computer to its location in case the iPad is lost. There are certain things that can be done only if it is attached to the Enterprise Management System. November 4, 2014 PAGE 2 CC STUDY SESSION CM/DeStefano stated that staff is far more concerned about the security in getting in and out of the City's system and therefore would want to issue Council Members a device that is the most secure and protects Diamond Bar's systems. The device that M/Herrera has been issued by Foothill Transit may or may not meet the test that will ensure those securities are built in. DCM/McLean went on to state that the pros of a paperless system include less impact to the environment by saving thousands of agenda pages and copies, less wear and tear on the City's copy machines and printers, and staff time savings in collating and delivering packets. ISIDesforges thanked PIM/Roa and CC/Cribbins for their support of the Granicus system because the system rests on the work that they have already done. ISD/Desforges then went on to explain the technical aspects of the system and provided a power point presentation showing how the system works, He stated that staff had looked at other options that were not as secure and authentic as the Granicus system and the software piece that allows integration with the Apple iStore which the City already owns. MPT/Tye asked why Drop Box was not secure relative to agendas which are online and available to anyone. ISD/Desforges explained that Drop Box is a two-way system and the user might accidentally drop a document that should not be dropped into the Drop Box and could also accidently pick up a document from Drop Box that might not be scanned or filtered by iPad in terms of a virus or malware. It is possible that by going to Drop Box something bad could corrupt your machine and it is also possible that a user could accidentally drop confidential material into the Drop Box where it would be available for anyone to access. Currently, the Granicus Legislate option is available only through the iPad and Apple Store. The Apple Store has sufficient security and Enterprise Management System that allows the City to manage those devices and apply the City's current security policies to the devices. Therefore, it is staff's recommendation that the City Council adopt this system since it is already available and relatively easy to implement with the purchase of iPads. The cost to do so would be about $399 to $499 per unit. C/Lyons asked how many units would be needed. November 4, 2014 PAGE 3 CC STUDY SESSION ISD/Desforges responded that the current number of units estimated to be purchased is 14 which would include everyone in attendance at tonight's study session with one unit as a spare. C/Lyons asked if there was a monthly charge. ISD/Desforges responded that there is no monthly fee charge from Apple and Granicus. The annual fees are included in the maintenance agreement with Granicus. CM/DeStefano said if Council moves forward with this option staff would prefer to purchase a WiFi version and not a telephone version so that the City does not have to pay telephone charges times 14 or times 5 on a monthly basis. C/Lyons asked if staff tested the system in AQMD and other locations where the Council might be. ISD/Desforges responded affirmatively and further stated that the AQMD has a wonderful WiFi system setup and the City would be good to go. C/Lyons stated that when they used WiFi at Walnut Valley School District there were problems with connectivity and the system was constantly dropping off of the network. ISDIDesforges said staff did not experience that issue when testing at AQMD. The WiFi System that was recently installed is quite new and robust. DCM/McLean stated that the Legislate platform does not require a WiFi connection at all times. MlHerrera said that SCAG is also doing this instead of mailing out packets that cost seven or eight (7-8) dollars each. Foothill Transit is doing this and she wanted to start this conversation as something Diamond Bar was interested in that it could trust. C/Lyons asked if this system was currently being used by Foothill Transit and whether M/Herrera found it easy to get to data. M/Herrera said that she did find it easy to get to the data. That although Foothill Transit's agenda is not as complicated as Diamond Bar's agenda, Foothill is using i -annotate and they send their agenda in a PDF file and the user connects to i -annotate and it is working well. The Granicus system will do the same thing. C/Lyons asked if the system would allow the user to do a search. November 4, 2014 PAGE 4 CC STUDY SESSION ISD/Desforges responded that in terms of a document, No. C/Lyons said she was curious because that would be helpful. MPT/Tye asked if it was worth waiting and was this system available only with an iPad and is it a Granicus issue. ISD/Desforges responded that Granicus has indicated they may at sometime in the future also do the Android system; however, the City is likely to encounter a lot fewer bugs if it stays with the iPad platform because of the different level of security and testing. This product was released in 2011 with Granicus so there have been a number of years to work through bug phases. He said that he did not have a single error during his entire test period with this system whereas, he would be concerned about looking at systems that may be beta (initial) releases and the users might not be as happy. C/Lyons said she was willing to work with the system. MPT/Tye said he liked the idea and this is not what he would call a heavy agenda. He asked how many people receive copies of the agenda. CC/Cribbins responded that she makes 26 copies of agenda packet. MPT/Tye asked who gets the extra copies. Both CM/DeStefano and CC/Cribbins responded the Library and others so she will still be making up about five packets which would be a lot easier than making 26. She has to post a hard copy at City Hall and at the Library. Staff gets a copy and Captain Scroggins gets a copy and a few others as well. C/Lyons said she was willing to give it a try. MPT/Tye asked what Walnut was using. DCM/McLean replied that they have a mixture of iPads and some use surface because they want a LISB port and keyboard. CM/DeStefano said they are using Drop Box to get there. MPT[Tye said it is not comparable to what the Council is discussing. CM/DeStefano said it is not as secure. November 4, 2014 PAGE 5 CC STUDY SESSION DCM/McLean said it does not integrate with the City's existing system and staff felt that because the City already has an existing agenda system that is tied to the video streaming system it is a pretty logical add-on. M/Herrera said it is the simplest way to go. ISD/Desforges said it is the cheapest system. C/Lyons stated if she had a file she was working on such as the Millennium project that she might want to print out that portion and keep it in her file at home instead of keeping an electronic copy because she would not be able to find it and that is why she asked about the search option. M/Herrera said she prints certain portions she wants to keep in a paper file. DCM/McLean reminded C/Lyons that the agenda is catalogued and maintained so that the user can refer back to a certain agenda packet but could not key on certain words. CM/DeStefano asked if C/Lyons could create a separate file for her Millennium data and other data. DCMIMcLean said that was possible on the actual iPad but since he has not tested that possibility he did not want to comment. C/Lyons felt she could print a portion or create an electronic file and drop part of the agenda in the file. DCM/McLean said it could be tested but did not want to waste time doing so if people wanted their own applications. MPT/Tye said he felt it made sense to go with the paperless system because he did not realize the amount of paper, toner, etc. and the cost savings which would be recovered fairly quickly. C/Lyons asked if there would be some kind of stand with the iPad. ISD/Desforges explained that there is a cover and case and when folded open it stands up if the user wishes. M/Herrera said she believed staff had consensus to move forward with the paperless system. Public Comments: None Offered. November 4, 2014 PAGE 6 CC STUDY SESSION ADJOURNMENT: With no further business to come before the City Council, MlHerrera adjourned the Study Session at 6:22 p.m. Tommyd Cribbins, City Clerk The foregoing minutes are hereby approved this 18th day Of November 2014. �"Va-,-' Carol Herrera, Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 4, 2014 STUDY SESSION: 6:00 p.m., Room CC -8 110Consideration of Paperless City Council agendas and Purchase of iPad Tablets — Discussion and Action. Public Comments: None Offered. Study Session adjourned to Regular City Council Meeting at 6:22 p.m. CM/DeStefano reported that the City utilizes a program called Granicus for online video streaming of City Council meetings and for retrieval of those meetings after the meeting takes place. Granicus uses an Apple program called il-egislate that the City has been considering for a paperless agenda process. During tonight's Study Session staff provided the City Council with information on acquiring the necessary equipment to move to a paperless agenda process. Following the presentation and discussion, Staff was given direction to proceed and will be coming back to the Council with the products which can be purchased at a minimal cost and absorbed within the City's existing budget. CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: None. ROLL CALL: Council Members Chang, Lyons, Mayor Pro Tem Tye, and Mayor Herrera. 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; Ken Desforges, IS Director; Amy Haug, Human Resources Manager; Cecilia Arellano, Public Information Coordinator; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. November 4, 2014 PAGE 2 CITY COUNCIL 3. PUBLIC COMMENTS: Cassandra Maclnnis, spoke about Tentative Tract Map No. 53430 and displayed maps pointing out Rocky Trail which she said was a high ridge and that off to one side the blue line shows that there is water in the area where 48 homes are proposed to be constructed with movement of 300 cubic yards of earth and possible dangers related to building on unstable hillsides. Peth Gabor-Manalac said she volunteers for senior citizens and is aware of the City Council's great leadership. Recently, the City Council announced limitations to the Diamond Ride program which began in 1995. She suggested that the City Council could have sent one letter telling seniors about the changes to benefits that were awarded to seniors in 1995. On behalf of the seniors she serves she asked the City Council to reconsider its decision and invite seniors to a public meeting so that they can adequately be heard. Garrett Masuda, Chairman, DB4-Youth In Action, stated that November 19 through December 19, 2014, Stomp Out Hunger will host a Holiday Food Drive and invited residents of Diamond Bar to support the program and participate by donating non-perishable food items to two main collection areas, the Diamond Bar Center and Diamond Bar City Hall. Allen Wilson asked for further discussion on Consent Calendar Item 6.6 because he was concerned and confused about why the City would consider giving away taxpayer money. Theresa Lee thanked CM/DeStefano for providing information material for distribution to homeowners regarding West Nile Virus Prevention. While searching the area for possible mosquito breeding grounds, she drove into the Boy Scout Camp in Tonner Canyon and noticed grading being performed on the Millennium development area and the developer is doing so without a permit and prior to Final Map approval. She requested that the City look into the performance of construction without proper permits from the City. Kurt Nelson, speaking on behalf of Millennium Diamond Road Partners, responded to a prior speaker that indeed, hillside development is challenging. He has extensive experience building on the hillside including more than 140 homes next to the Millennium development. He does not criticize or denigrate anyone because of their concerns. This is a complex business but residents can be assured that the last person who ever wants to build a house on an unstable piece of ground is a developer. Many who have lived in the old Diamond Bar "Country Estates" for many years may have had their homes built on slopes that were not manufactured or graded and the truth is that requirements today are a lot November 4, 2014 PAGE 3 CITY COUNCIL more stringent than in the 60's. There are "ancient" landslides all over southern California and geotechnical and soils testing has been and will be done extensively. When the grading is done, if something unforeseen is encountered, everything has to be stable and compacted before a home is built. There are some in the tract he built that are criticizing the Millennium Development and asking questions. Their homes would not be there if it was not for the fact that when developers build on hillsides in Diamond Bar there would be none built unless the ground was stable. Blueline stream issues, water flows, etc. are examined by the Army Corps of Engineers and US Fish and Wildlife. If anyone would like to contact him to discuss these issues which he offered a month ago and has yet to receive one call, call him during normal business hours at 714-272-1610. He may not have the answer immediately but will be glad to sit down with anyone to examine real issues and respond. He is not sure he understands the comments about the West Nile Virus but since he has been involved in the Millennium project there has been no grading so he will leave that to staff. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responded to speakers that development in hillside areas, of which Diamond. Bar is a hillside saturated community, can be challenging. There are many projects that Diamond Bar has managed since its incorporation 25 years ago, all on hillside properties. Each time a development comes forward on a hillside property, the site is investigated for a variety of different conditions including the potential for landslide conditions. Reports are submitted to the City which the City contracts as part of the environmental review of a proposed project and as part of the Tentative Map approval for projects that require subdivision. Once the Subdivision Tentative Map has been approved, more detailed studies come forward including geotechnical reports, hydrology reports, etc. that further examine conditions of the site and further develop any required mitigation to correct deficiencies on the site. When a landslide is found to be on a site, those conditions are corrected through reports that are prepared by licensed engineers and built into the construction plans for the project. Construction plans are overseen by City Inspectors and/or City contracted inspectors to ensure that the work meets all of the standards that are outlined in the regulations as well as, plans that were drawn for that project. Practically every hillside project in Diamond Bar has gone through this process. Over the years the standards have become more stringent and more protective of future residents of those properties and, those standards have always been incorporated into the projects. "The Country Estates" has been an area where several hundred homes have been developed over 25 years, several subdivisions have occurred. CM/DeStefano stated that he is pretty sure that every single one of those has some form of landslide on their property, some form of water on their November 4, 2014 PAGE 4 CITY COUNCIL property, all of which were taken into consideration and designed to mitigate any outstanding conditions that needed to be remedied, built into the construction, overseen by inspectors and all done prior to any homes being constructed on the property and prior to any person being allowed to live in those homes. It is a serious matter. The City takes it very seriously and has been and are doing so on the proposed project that residents are speaking to and will continue to do so in the future. With respect to any grading activity, staff is unaware of any grading activity. He cannot speak to photos that were shown without studying them in more detail but clearly, no grading is allowed on that property because the approvals for grading to commence have not yet come forward. Staff will work with the speaker and the development team to try to determine whether anything is occurring and stop it if it is. Again, he does not believe there is any grading occurring. With respect to the speaker regarding Diamond Ride, the program is one that staff has periodically brought back to the City Council for review. It is a program that has been around for many years and until the beginning of this fiscal year the City had spent about $7 million on the program. The program is popular and very simple for some to utilize the program but it was always and was initially set up as a "supplemental" service and not for primary service. Periodically, the City needs to look at this program and try to determine whether the resources that are spent on the program are most appropriate versus spending some of those same resources on fixing streets, adding traffic mitigation measures, slurry sealing residential neighborhood streets, and a variety of other things for which very specific uses of the money are outlined. Recently, the City Council looked at the program and as the speaker indicated and as the budget indicates, there was about $570,000 spent in the last fiscal year which is the highest amount ever in any year. The City budgeted about $575,000 for the current year believing the expenses would be about the same but based upon the way the program is tracking at this point, the City would have ended the year, absent the changes the City Council enacted beginning December 1, at about $630,000. Use of this program continues to skyrocket and has become one of concern because of the limited resources that can be used and how those resources may be better spent in other parts of the City for greater community benefit versus the few folks that are using the Diamond Ride program. It is not without a lot of very thoughtful processing to ensure that the boundaries work, to ensure that there are facilities for residents to utilize within the confines of the boundaries (medical, shopping, etc) and based upon staff's recommendations, the City Council carefully looked at the entire program and budget which the City Council does from time to time. Program changes were enacted by the Council a few months ago and there was information provided to every resident through every cardholder November 4, 2014 PAGE 5 CITY COUNCIL in the community and the program changes become effective December 1, 2014. The City will continue to look at the program from.time to time to determine that it meets the needs of the community. CM/DeStefano said he believed there may be some confusion about the boundaries of the program with respect to the speaker's comments and there may be some confusion about what the costs might be associated with trips outside of those boundaries. He offered that a meeting with the speaker might be appropriate. Staff has spoken with the speaker several times, most recently yesterday or today and it may be more appropriate to meet face to face and walk through the issues. CM/DeStefano said that with respect to Consent Calendar Item 6.6 the City Council may or may not pull that item for a more detailed presentation. This item involves an exchange of resources between the City of Diamond Bar and the City of Industry. The City of Diamond Bar does so about every two years. Diamond Bar accumulates resources in that very specific fund and often accumulates more resources that have very limited uses, than the City needs. Other cities have a greater need for some of those resources so there is a "marketplace" in order to "sell" those dollars and prices range from about 65 cents to 72 cents. The City of Industry has agreed to purchase those dollars from Diamond Bar for 75 cents on the dollar. This allows Diamond Bar to sell "excess" dollars in order to generate General Fund dollars that can be used for anything the City Council desires. Again, Diamond Bar has done this about every other year for many years now. Several cities in Los Angeles County do this. It is sometimes done with Community Development Block Grant monies and other monies. It may seem like the City is getting less for its "dollars" but it is getting the highest rate known for these "dollars." Fundamentally, this is a policy decision of the City Council which is an item discussed during budget sessions each year. As negotiations move forward with a particular city this item is brought to the City Council for consideration. MPT/Tye said he believed that with the Dial -A -Ride program, it was the abuse and not the use of the program and asked CM/DeStefano to address that issue. CM/DeStefano said it was a combination of things. There are folks that will abuse a program that is provided, folks that will stretch the limits of a program if not attempt to "burst the barriers" within the program to their benefit. There are a few folks whose cumulative total of usage account for about 25 percent of all resources being spent on the program. There were trips that were found to be appropriately questionable to Amtrack Stations, the Airports, etc. The program the City offers is the most generous of any city in the immediate area with respect to cost, hours of availability, range of service area boundaries, etc. A close look at the program and uses resulted in changes to the boundaries, elimination of trips that were creating problems which resulted in being able to utilize dollars beyond the November 4, 2014 PAGE 6 CITY COUNCIL small group that is using the Dial -A -Ride Program. MPTfTye said he recalled that about five users accounted for about 27 percent of the expense. CM/DeStefano said he believed MPT/Tye was correct and pointed out that that was not the totality for making the change. There is a limited amount of money in that category of funds that the City receives and spreading those dollars over other areas including Dial -A -Ride provided greater benefits to a greater majority of the community. C/Lyons asked if a resident wanted to travel to the medical center in Fontana would the Diamond Ride get them to the area of Pomona Valley Hospital at the reduced rate and from that hospital to Fontana would be at the book rate so that more than half of the trip would be at the reduced rate. CM/DeStefano agreed and stated that the trip to the edge of the boundary would be at the reduced rate and then at the normal taxi rate from there to the destination. M/Herrera stated that in 1995 she was here when the program was created and the budget at that time was $350,000, the entire budget for the year. Over time the budget has stretched and stretched and stretched and at some point the City has an obligation to live within its means and not exceed budgets which robs from other budget items. When programs get out of control and the City runs out of money to fund extra expenses it often results in taxing residents in order to have sufficient monies to pay for everything that everybody wants. She does not believe that the residents of Diamond Bar want their City to be in that situation. 4. SCHEDULE OF FUTURE EVENTS: 5.1 Veterans Recognition Celebration — November 5, 2014 9:00 a.m. to 11:00 a.m., Diamond Bar Center, 1600 S. Grand Avenue. 5.2 Veterans Day Holiday — November 11, 2014 — City offices closed Tuesday, November 11 in observance of Veterans' Day. City offices reopen Wednesday, November 12, 2014 at 7:30 a.m. 5.3 Planning Commission Meeting — November 11, 2014 — Canceled. 5.4 Traffic and Transportation Commission Meeting — November 13, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 Heritage Park Rehabilitation Project Public Workshop — November 13, 2014 — 7:00 p.m., Heritage Park Community Room, 21810 Copley Drive. November 4, 2014 PAGE 7 CITY COUNCIL 5.6 Eco Expo — November 15, 2014 — 9:00 a.m. to 1:00 p.m., AQMD Parking Lot, 21865 Copley Drive. 5.7 City Council Meeting — November 18, 2014 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.8 Walnut Valley Water District Public Hearing regarding proposed rate increases — November 19, 5:00 p.m., SCAQMD Auditorium, 21865 Copley Drive. 5.9 Windmill Dedication — November 20, 2014 — 10:00 to 11:00 a.m., Diamond Bar Towne Center, Diamond Bar Boulevard and Grand Avenue. 5.10 Grandview Trail Opening — November 22, 2014 — 9:00 to 11:00 a.m., 1600 Grand Avenue (Trail access located in the overflow parking lot). 6. CONSENT CALENDAR: MPT/Tye moved, C/Chang seconded, to approve the Consent Calendar as presented with Item 6.6 removed by MPT/Tye for separate consideration. 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 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Study Session of October 21, 2014 —As amended. 6.1.2 Regular Meeting of October 21, 2014 —As amended. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of September 9, 2014. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of September 25, 2014. 6.4 RATIFIED CHECK REGISTER — Dated October 16, 2014 through October 29, 2014 in an amount totaling $1,327,948.87. 6.5 APPROVED TREASURER'S STATEMENT — Month of September 2014. November 4, 2014 PAGE 8 CITY COUNCIL 6.7 APPROVED AMENDMENT NO. 4 TO THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR STATE ROUTE 60/LEMON AVENUE PARTIAL INTERCHANGE (ON AND OFF RAMPS) PROJECT. 6.8 AWARDED CONTRACT IN THE AMOUNT OF $36,202.41 TO INTERIOR OFFICE SOLUTIONS (IOS) FOR PURCHASE AND INSTALLATION OF OFFICE FURNITURE AT CITY HALL AND APPROPRIATED $36,202.41 FROM GENERAL FUND RESERVES. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.6 ADOPT RESOLUTION NO. 2014-43: AUTHORIZING AND APPROVING THE SALE OF $450,000 OF PROPOSITION A FUNDS (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF INDUSTRY. MPT/Tye said he wanted to make it very clear to the residents that Proposition A generates a .5 cent sales tax for transit programs and if those funds are not used within three years they are lost and must be returned to Metro. So in essence, the City is not trading a dollar for 75 cents, the City is trading something that has zero value if unused and returned and getting 75 cents on the dollar for it. CM/DeStefano agreed with MPT/Tye that he was correct. MPT/Tye continued that what these funds can be used for improvements such as the grade separation on Brea Canyon Road, the Fairway Drive grade separation at Walnut Drive and a Fullerton Road grade separation that commuters living in this area will benefit from. What the City has done is take $450,000 in restricted transit program funds that the City will not be able to use and turned it into $337,500 actual dollars that will go into the General Fund. CM/DeStefano added that these actual dollars that go into the General Fund can be used for any purpose the Council so desires. MPT/Tye moved, C/Lyons seconded, to adopt Resolution No. 2014-43: Authorizing and Approving the Sale of $450,000 of Proposition A Funds (Local Return Transit Funds) to the City of Industry. Motion carried by the following Roll Call vote: November 4, 2014 PAGE 9 CITY COUNCIL AYES: NOES: ABSENT: 7. PUBLIC HEARING: COUNCIL MEMBERS COUNCIL MEMBERS: COUNCIL MEMBERS: Chang, Lyons, MPT/Tye, M/Herrera None Tanaka 7.1 ADOPT RESOLUTION NO. 2014-44: CONFIRMING A COST REPORT FOR NUISANCE ABATEMENT COSTS CONCERNING 427 N. PLATINA DRIVE (APN: 8703-013-21) AND ESTABLISHED A SPECIAL ASSESSMENT AND LIEN. CM/DeStefano stated that this is the adoption of a resolution assessing a nuisance abatement lien, a special assessment lien against 427 N. Platina Drive for purposes of eradicating a code enforcement situation. CDD/Gubman stated that this is a special assessment hearing for 427 N. Platina Drive, which is the active abatement of public nuisances by code enforcement staff of which the City rarely performs. The Municipal Code authorizes the Community Development Director to declare certain properties to be public nuisances. When a declaration of a public nuisance is made, the City is able to bypass the administrative citation and criminal prosecution process, obtain an Abatement Warrant and swiftly eliminate the nuisance. This is not the appropriate course of action to take for all property maintenance violations but when a property becomes so derelict that it is no longer fair to subject the neighbors to wait out the routine compliance process, abatement is then a powerful tool. The unoccupied property located at 427 N. Platina Drive is situated in the neighborhood between Sunset Crossing Road and the SR60 east of Diamond Bar Boulevard. This property is an example of where a Public Nuisance Declaration and Abatement was an appropriate invocation of his authority. The property in question is on the north side of Platina and four doors to the northeast of Willapa Lane. The overgrown and dry vegetation in the entirety of the yard areas were not only extremely unsightly, but presented a potential safety and health hazard as well. This is not the first time the City has dealt with this property. In 2011 and 2012 the property was brought into compliance without further intervention within weeks after courtesy notices were issued. However, in 2013, two citations were issued before the property was brought into compliance. November 4, 2014 PAGE 10 CITY COUNCIL The latest enforcement process began with a routine code enforcement patrol on June 4, 2014 and the issuance of a courtesy notice which was followed by re -inspections on June 17 and July 1, 2014. After giving the property owner fair opportunity to take care of the problems and observing the property conditions deteriorate with absolutely no indication that the matter would improve, CDD/Gubman declared the property a Public Nuisance and concurrently issued the Notice and Order to Abate the Nuisance. After continued inaction by the owner to respond to the Notice and Order, the Abatement Warrant was served, a landscape contractor who submitted a competitive bid was hired, and an extensive cleanup of the property was undertaken on September 3, 2014. Once a nuisance is abated the City is authorized to seek fair compensation for expenses incurred in performing the abatement. An effective method for cost recovery is to impose special assessments on the property that becomes due with the property tax bill. In this case, the assessment of $3,624.63 was tallied and the resolution staff is recommending the City Council adopt provides an itemized accounting of staff's hours that were expended during the abatement effort. The purpose of tonight's hearing is to present the City Council with staff's accounting of the costs to the City which exclude attorney fees which are not recoverable, allow the owners to be heard and then for the City Council to render its decision on whether or not to impose the assessment and if so, to set the amount to be assessed. In accordance with Municipal Code requirements, the property owner received notice of this public hearing via certified and regular mail as well as, through the physical posting of the notice on the subject property. The public notice on 427 N. Platina prompted CDD/Gubman to search public records for other properties owned by Joseph Szevin and he found three other properties including two fourplex properties in Upland and Montclair. CDD/Gubman showed photos of the property which were taken this morning. The condition of these properties shows serious neglect and disregard for community standards. Montclair Code Enforcement confirmed several violations at the Pradera Avenue address including lack of required landscaping throughout the property, damaged and deteriorated stucco throughout the building, damaged and deteriorated fascia boards, deteriorated and peeling paint as well as, graffiti throughout several portions of the structure. CDD/Gubman concluded his presentation with a photo of the subject property as it appeared on Monday, October 27 and stated that while the property may not be a health and safety nuisance November 4, 2014 PAGE 11 CITY COUNCIL today, it is yet again in violation of the Municipal Code's Property Maintenance Standards and would appear that the cycle is beginning again so in addition to the special assessment, staff is issuing citations, the first of which was issued on Tuesday, October 28 as a result of continuing neglect of the property. If the owner continues to violate Diamond Bar's Property Maintenance Standards, the City will continue to issue costlier citations followed by the pursuit of Civil and/or Criminal remedies. In light of the obvious pattern of neglect associated with this and other properties owned by Joseph Szevin, staff will be particularly focused on this matter going forward. Staff recommends that the City Council adopt the Resolution to authorize the City to record a Special Assessment of $3,624.63. C/Lyons thanked CDD/Gubman for his report. He asked if staff heard back from the owner of the property. CDD/Gubman responded that the only response staff received was a signature on the Certified Mail Return Receipt. M/Herrera opened the Public Hearing at 7:29 p.m. M/Herrera asked if the property owner was present and wished to make statements and give testimony. There was no response. M/Herrera asked if anyone else wished to speak on this item. There being no one present who wished to comment or provide testimony, M/Herrera closed the Public Hearing at 7:30 p.m. C/Lyons moved, C/Chang seconded, to Adopt Resolution No. 2014-44: Confirming a Cost Report for Nuisance Abatement Costs in the amount of $3,624.63 concerning 427 N. Platina Drive (APN: 8703-013-21) and establishing a Special Assessment and Lien thereof. 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 November 4, 2014 PAGE 12 CITY COUNCIL 3 COUNCIL CONSIDERATION: 8.1 APPOINTMENT TO THE TRAFFIC AND TRANSPORTATION COMMISSION TO FILL THE UNEXPIRED TERM OF JENNIFER MAHLKE. MPT/Tye stated that on October 7, Traffic and Transportation Commissioner Jennifer Mahlke was appointed to fill the vacancy on the City's Planning Commission due to the resignation of Jack Shah which opened an opportunity on the Traffic and Transportation Commission. The vacant position was advertized and several residents responded with their intentions to fill the voluntary position. After interviewing each applicant he determined to seek appointment of Surendra Mehta to fill the vacant position and asked for the Council's support of his appointment. M/Herrera moved, C/Lyons seconded, to appoint Surendra Mehta as Traffic and Transportation Commissioner. 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 Mr. Mehta stated that he has resided in Diamond Bar since 1988 and is a member of the Sunshine Senior Association of Diamond Bar. He thanked MPTlTye, M/Herrera and Council Members for presenting him with the opportunity and trust to serve the City of Diamond Bar as a Commissioner of the Traffic and Transportation Commission. He will do his very best to serve the community and the City Council M/Herrera congratulated Mr. Mehta on his appointment and welcomed him to the Diamond Bar family. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang thanked staff for a wonderful Time Capsule Dedication in honor of the City's 25th Anniversary and thanked Congressman Royce and community members for attending the event. She looked forward to coming back for the opening of the Capsule in 25 years. She congratulated Mr. Mehta on his appointment to the Traffic and Transportation Commission. November 4, 2014 PAGE 13 CITY COUNCIL C/Lyons encouraged residents to attend the Walnut Valley Water District meeting on November 19 at 5:00 p.m. in the AQMD Auditorium to provide their input on water rates. She reiterated her appreciation for the City's Neighborhood Improvement District working to make sure City property values remain high. The Code Enforcement process is good. She visited the Haunted House last week and said it was well done and very scary and thanked staff for the opportunity. She wished a Happy Veterans Day to the City's veterans and hoped she would see many residents at tomorrow's celebration. MPT/Tye said he was privileged to present Certificates on behalf of the City to the Walnut Valley Rotary's Firefighter of the Year, Captain Frank Guerito and Sheriff of the Year, Deputy Nick Thorn. It was a busy morning and there was insufficient time to acknowledge the great job they do thanks to the leadership of Captain Scroggin and Assistant Chief Dave Stone. He wished C/Chang good luck in her pursuit of the 55th Assembly seat. There is a long history of folks in this area filling this seat from Gary Miller to Bob Pacheco, Bob Huff, Curt Hagman and a legacy of success coming from the San Gabriel Valley. He wished her the very best and said he knew she would continue that success. M/Herrera echoed her colleague's comments, congratulated Mr. Mehta on his appointment, congratulated staff on the great Time Capsule Ceremony which was very well attended and provided lots of fun for the participants. She also appreciated Congressman Royce's attendance at the event. Lots of fun things are happening and this is a good fall season. Today is Election Day and she hoped everyone would vote. She feels fairly certain that the next Assembly Woman is sitting on this dais and if it does come to reality, tonight will be her last meeting. C/Chang said she hopes to come back and visit the Council and provide presentations to the residents. M/Herrera thanked C/Chang for her service and dedication to the City of Diamond Bar. C/Chang will be missed but the Council looks forward to visiting her in Sacramento. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the City Council Meeting at 7:40 p.m. J Tommye Cribbins, City Clerk November 4, 2014 PAGE 14 CITY COUNCIL The foregoing minutes are hereby approved this 18th day of november 2014.% Carol Herrera, Mayor