HomeMy WebLinkAbout11/18/2014 Minutes - Regular Meeting1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
NOVEMBER 18, 2014
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: Pastor Bob Stebe, Northminster Presbyterian
Church gave the invocation.
ROLL CALL: Council Members Lyons, Mayor Pro Tem Tye
and Mayor Herrera.
ABSENT: Council Members Chang and Tanaka were
excused
Staff Present: James DeStefano, City Manager; Ryan
McLean, Deputy City Manager; David DeBerry, City Attorney; Ken Desforges, IS
Director; David Liu, Public Works Director; Bob Rose, Community Services
Director; Dianna Honeywell, Finance Director; Greg Gubman, Community
Development Director; Kimberly Young, Senior Civil Engineer; Anthony Santos,
Sr. Management Analyst; Cecilia Arellano, Public Information Coordinator; and,
Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA:
CM/DeStefano stated that Agenda Item 7.1 is a Public Hearing regarding
extension of an Interim Ordinance regarding Medical Marijuana uses which
requires a 4/5 vote of the City Council for passage. Based on the number of
sitting Council Members present this evening, it would not meet that requirement.
Therefore at 6:45 p.m. or after he will request that the City Council continue the
matter to December 2, 2014.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of City Tile to Mr. and Mrs. Ted Robinson, owners of
Robinson Properties (Towne Center Village — Albertson's Plaza) as
Business of the Month for November 2014.
Mr. Robinson thanked the City Council for the honor.
2. CITY MANAGER REPORT AND RECOMMENDATIONS: None
November 18, 2014 PAGE 2 CITY COUNCIL
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PUBLIC COMMENTS:
Sharon Hall, from the American Cancer Society thanked the City for
supporting Relay for Life and announced that the 2015 Relay for Life is
being revamped and if there is anyone interested in volunteering to
contact the American Cancer Society.
MPT/Tye thanked Ms. Hall.
Josh Murray, Teen Services Librarian, Diamond Bar Library, invited
everyone to participate in the library's November events. For more
information about the programs, please call the library at (909) 861-4978.
Aliya Bhimji thanked Peth Gabor-Manalac for speaking at the last Council
meeting about the quality and quantity of seniors and disabled individuals
in Diamond Bar. Considering the increase in homes, population and
revenues to the City, the increase in the (Diamond Ride) program has
been pretty modest. The character of a community is reflected by - its
treatment of its most vulnerable and it was in this spirit that this program
was created. Limiting this program during lean times would be a tragedy
for many seniors and disabled.
Last meeting the Diamond Ride Program was referred to as a
supplemental program. She asked what the primary program was for
providing seniors and disabled with their limited resources,. transportation
to their medical facilities, etc. and is there another program that takes
those individuals to the Ontario Airport and Amtrak Station to travel to see
families. These restrictions will impact the quality and quantity of lives that
need the most support. The residents are determined to protect the spirit
and integrity of the Diamond Ride program.
Nancy Blum, said she has spoken with a number of seniors and
handicapped individuals who use the Diamond Ride program about the
changes made by the City Council without allowing input from users about
their needs and concerns. She currently pays $48-$50 per month for
three days a week to and from her dialysis center. With the new
boundaries it will put the center completely out of reach for her financially
because it will now cost her $300-$400 per month for the three treatments
per week. Although there is a Kaiser facility in Diamond Bar, many
individuals have to travel to the Baldwin Park facility for tests and
hospitalizations. She asked that the City Council make an exception for
the Baldwin Park Kaiser Hospital and consider all medical trips for subsidy
in all cases. If there are cardholders abusing the program their cards
should be taken away. She believes that the majority of the cardholders
are using the program for all of the right reasons.' -If something has to be
eliminated she would recommend the elimination of the old Area 3 and
that the Area 2 boundaries be kept as they currently exist which would
November 18, 2014 PAGE 3 CITY COUNCIL
encompass many medical facilities and hospitals.
Brenda Duchemin, spoke about a petition signed by 126 residents and
asked the Council to stop the changes to the Diamond Ride service
effective December 1, 2014. The petition was not filed with the City
Clerk's office.
Peth Gabor-Manalac thanked the City Council for the services to seniors
and disabled residents. Fifty percent of seniors and disabled are in
poverty and the average social security monthly income is only: $1,200
plus dollars. On Thursday she will take one of the residents (two trips) for
whom she volunteers to Los Angeles for pre-op cancer surgery. During
her surgery she will have two trips and two trips for aftercare for a total of
six trips which will cost her more than $360. She again asked the City
Council to reconsider some of its decisions regarding the Diamond Ride
program and consider the basic human needs of the seniors and disabled
of the community.
RESPONSE TO PUBLIC COMMENTS:
MPT/Tye asked staff to respond to speakers and speak to facts versus
what has been stated with respect to "trading a dollar for 75 cents" that
has nothing to do with the Dial -a -Ride program and those who have
spoken about the Grand Avenue Beautification diverting funds from the
Dial -a -Ride program which is not possible. If the City continues to state
the facts as they are rather than as they are being emotionally presented,
it will help individuals understand what needs to happen.
DCM/McLean explained that with respect to the Proposition A sale,
Proposition A is a separate funding source from Proposition C funds that
are used for the Diamond Ride program. Proposition C funds are not
eligible to be sold to other jurisdictions — Proposition A funds are eligible to
be sold to other jurisdictions. Proposition A funds sold at the last meeting
were surplus funds that would have had to be returned to Metro were they
not used, and it was preferable for the City to receive General Fund
dollars that can be used for programs that have community -wide benefits
rather than return those funds to Metro.
DCM/McLean stated that with respect to the Grand Avenue Beautification
project, the vast majority of that project (over $1 million) which has not yet
begun but will begin after the holidays, will be funded primarily with federal
funds that are RESTRICTED to use in that area of Grand Avenue. Those
federal funds CANNOT be diverted for ANY OTHER USE, Diamond Ride
or otherwise. There are some Proposition C Funds that are used to fund
eligible pieces of that project but the vast majority of the project is funded
by over $1 million worth of federal funds with very strong restrictions
placed on those funds.
November 18, 2014 PAGE 4 CITY COUNCIL
M/Herrera stated that this decision was not made without much
discussion. The City Council looked at the facts and data for a number of
weeks prior to making its decision. The decision was made unanimously
with yes votes from all five Council Members. The change in the program
will be effective December 1. Letters were sent out in October notifying all
cardholders that this change was imminent so that they had time to adjust
and make other arrangements as needed. She understands that this is
upsetting. Change is upsetting. Nobody likes change, but this decision
was not made frivolously, it was made out of necessity. The City Council
thought long and hard about the different aspects and how the program
would be reshaped and what the final program would be. City Council
spent $575,000 last year. This year the program is being used
excessively and if the program continued as it was shaped, the cost would
reach $700,000 very quickly -and the City Council cannot operate the City
like that with excessive costs. The City Council represents 60,000
individuals and decisions are made for all 60,000 as to what is best for all
residents of the City. 1400 cardholders for the Diamond Ride program is a
very small segment of Diamond Bar residents and the City has other
programs such as parks and recreation, ball fields, public safety (sheriff's
and fire) that would have to be cut back or eliminated if the Diamond Ride
program continued as it currently exists. Balancing the budget is a difficult
thing to do but it has to be done to allow the City to move forward for the
benefit of all.
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4. SCHEDULE OF FUTURE EVENTS:
5.1 Walnut Valley Water District Public Hearing regarding proposed
rate changes — November 19, 5:00 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
5.2 Historic Windmill Dedication — November 20, 2014 — 10:00 to 11:00
a.m., Diamond Bar Towne Center, Diamond Bar Boulevard and
Grand Avenue.
5.3 Parks and Recreation Commission Meeting — November 20, 2014 —
7:00 p.m., Windmill Community Room, 21810 Copley Drive.
5.4 Grandview Trail Opening — November 22, 2014 — 9:00 to 11:00
a.m., 1600 Grand Avenue (Trail access located in the overflow
parking lot).
5.5 Planning Commission Meeting — November 25, 2014 — 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.6 Thanksgiving Holiday — City Offices closed November 27 and 28,
2014 in observance of the Thanksgiving Holiday. City Offices
reopen on Monday, December 1, 2014 at 7:30 a.m.
November 18, 2014 PAGE 5 CITY COUNCIL
5.7 Holiday Diamond Ride — November 28, 2014 through January 1,
2015 — Free Shuttle Services to and from Diamond Bar Shopping
Centers — for individuals 18 years and older only. For more
information call 800-578-6555 to schedule a ride.
5.8 City Council Meeting — December 2, 2014 - — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: MPT/Tye moved, C/Lyons seconded, to
approve the. Consent Calendar as presented with Item 6.4 withdrawn from
the Consent Calendar for separate consideration by MPT/Tye. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Lyons, MPT/Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Chang, Tanaka
6.1 APPROVED CITY COUNCIL MINUTES:
6.1.1 Study Session of November 4, 2014 —As submitted
6.1.2 Regular Meeting of November 4, 2014 — As submitted
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES —
Regular Meeting of October 14, 2014.
6.3 RATIFIED CHECK REGISTER — Dated October 30, 2014 through
November 12, 2014 totaling $783,157.58.
6.5 APPROVED CONTRACT AMENDMENT NO. 2 WITH FEHR &
PEERS FOR INTERSECTION IMPROVEMENT STRATEGIES
STUDY AT GRAND AVENUE/DIAMOND BAR BOULEVARD,
BREA CANYON ROAD/LYCOMING ROAD AND BREA CANYON
ROAD/PATHFINDER ROAD IN THE AMOUNT OF $14,670; PLUS,
A CONTINGENCY AMOUNT OF $2,000 FOR A TOTAL
AUTHORIZATION OF $16,670.
6.6 APPROVED CONTRACT AMENDMENT NO. 3 WITH RKA
CONSULTING GROUP FOR PREPARATION OF AN,
APPLICATION PACKAGE IN ASSOCIATION WITH THE 2015
METRO "CALL FOR PROJECTS" IN THE AMOUNT OF $19,800.
November 18, 2014 PAGE 6 CITY COUNCIL
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.4 TRANSMITTAL OF COMPREHENSIVE ANNUAL FINANCIAL
REPORT FOR THE YEAR ENDED JUNE 30, 2014.
MPT/Tye asked staff to elaborate on this item and provide
background on the recognition that Diamond Bar has received.
CM/DeStefano introduced FD/Honeywell who provided a brief
overview of this project and response to MPT/Tye's statements.
FD/Honeywell stated that this 100 page document is the Annual
Comprehensive Financial Report that begins in July and is audited
at the end of the fiscal year. She is very proud of her staff for
stepping up to the plate and worked hard to get the report issued
six weeks earlier than is normally done each year. The City has
received the award for Excellence in Financial Reporting from the
Government Finance Officers Association 18 consecutive years
and hopes to make this year number 19.
MPT/Tye moved, C/Lyons seconded, to Receive and File the
Comprehensive Annual Financial Report for the year ended June
20, 2014. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Lyons, MPT/Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Chang, Tanaka
7. PUBLIC HEARING:
7.1 ORDINANCE (XX) 2014: AN URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING
URGENCY ORDINANCE (03) 2014 SUSPENDING CHAPTER
8.26 OF THE DIAMOND BAR MUNICIPAL CODE AND
PROHIBITING THE OPERATION AND ESTABLISHMENT OF
MEDICAL MARIJUANA DISPENSARIES.
CM/DeStefano stated that approval of this urgency ordinance
requires 4/5 vote of the City Council and with only three members
present this evening, it is not in a position to take action on this
matter. Therefore, staff recommends that this public hearing item
be continued to the City Council's regularly scheduled meeting of
December 2, 2014 at 6:45 p.m.
November 18, 2014 PAGE 7 CITY COUNCIL
MPT/Tye moved, C/Lyons seconded, to continue Item 7.1
Ordinance (XX) 2014 to the December 2, 2014 meeting. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Lyons, MPT/Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Chang, Tanaka
8. COUNCIL CONSIDERATION: None.
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Lyons reported that she attended the Veterans Day celebration, put
together by the City's staff which afforded a terrific opportunity to
recognize Diamond Bar's veterans. Wonderful music was provided by the
South Point Middle School Orchestra, a great video and refreshments as
well as, much comradery. Many veterans wore their uniforms to this great
event and staff did a super job.
She congratulated Steve Acciani, Fine Arts Director, Diamond Bar High
School, who is a semi-finalist for the Grammy Music Educator Award and
last week American Idol host Ryan Seacrest visited Diamond Bar High
School to congratulate him.
She celebrated with the East Indian community the Diwali Indian- New
Year's Festival which was a lot of fun. She attended two Neighborhood
Watch meetings, one last evening which was the first meeting for the
neighborhood hosted by the Sheriffs Department. It was very informative.
Residents who are interested in the Neighborhood Watch program for
their neighborhoods should participate because neighbors meet and
support each other and the result of participating in the program is a
reduction in crime.
MPT/Tye said he was very pleased that the City Council was able to
recognize Mr. and Mrs. Robinson for their business of making space
available for businesses and keeping it in good condition. Council
Members are very grateful the Robinson's have chosen to own property in
Diamond Bar and do such a good job maintaining that property. As the
video showed the shopping center is 100 percent occupied.
After the -November 4th City Council meeting he attended the California
Contract: Cities -representing Diamond Bar at the Water Summit and
participated in __a discussion -of the recent water bond and what it means for
water- supply and storage as California proceeds through an
unprecedented third year of drought, and what it means going forward.
November 18, 2014 PAGE 8 CITY COUNCIL
There was a lot of great information imparted and he appreciated the
opportunity to represent Diamond Bar.
Over the weekend he attended the Walnut Valley Education Foundation
where thousands of dollars were raised at the Teddy Bear Tea with every
dollar going to teachers via mini -grants. The fact that his wife is a teacher
he realizes how much she spends, on different supplies for her office it is
definitely a calling. Congratulations to Bob Pacheco who founded the
Teddy Bear Tea and for all of the years (18 years of Education
Foundation) of success that the fundraiser has enjoyed raising money for
mini -grants.
That evening he joined his colleagues at the Diamond Bar Community
Foundation's annual fundraising event during which the Industry
Manufacturer's Council was honored, among others. It was a very nice
evening and good to recognize Diamond Bar's neighbors in the City of
Industry and the Industry Manufacturer's Council. The Diamond Bar
Community Foundation does a great job and anyone who wants to get
involved has a great opportunity to do something that involves the
community. Happy Thanksgiving to all. Please be safe and please keep
Council Member Jack Tanaka in your thoughts and prayers.
M/Herrera thanked staff for their great work involved in putting on the
Veterans Recognition and Celebration. Many veterans participated
including some from World War II. It was great seeing all of the veterans.
Some of the banners were retired for those who are no longer in service.
Everyone appreciates the veterans and all they have done and do to keep
the nation safe.
She invited everyone to attend the Windmill Dedication this coming
Thursday at the old Ralph's Center. Years ago, Diamond Bar was a
working ranch and the windmill was part of that ranch and is part of the
City's heritage. The City is making every effort to preserve the Windmill
and she hoped that everyone would join in the festivities. She also invited
residents to attend the Grandview Trail Opening festivities at the parking
lot at the Diamond Bar Center on Saturday at 9:00 a.m. Happy
Thanksgiving to everyone and thanks to all 'who attended tonight's
meeting.
ADJOURNMENT: With no further business to conduct, M/Herrera
adjourned the City Council Meeting at 7:15 p.m.
mmye Cribbins, City Clerk
November 18, 2014 PAGE 9 CITY COUNCIL
The foregoing minutes are hereby approved this 2nd day of December ,
2014.
L ru-. "
Mayor
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