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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 3 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. , 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 1 1