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HomeMy WebLinkAbout12/02/2014 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 2, 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: Reverend Dr. Jeanne Favreau-Sorvillo, Diamond Bar United Church of Christ gave the invocation. ROLL CALL: Council Members Lyons, Tanaka, Mayor Pro Tem Tye and Mayor Herrera. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Deputy City Manager; David Liu, Public Works Director; Dianna Honeywell, Finance Director; Bob Rose, Community Services Director; Greg Gubman, Community Development Director; Kimberly Young, Senior Civil Engineer; Anthony Santos, Senior Management Analyst; Isaac Aziz, Network Systems Administrator; Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented CITY COUNCIL REORGANIZATION: 1. Selection of Mayor C/Lyons nominated C/Tye to serve as Mayor of the City of Diamond Bar. There were no other nominations offered. C/Tye was elected to serve as Mayor by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lyons, Tanaka, Tye NOES: COUNCIL MEMBERS: None. ABSENT: COUNCIL MEMBERS: None. 2. Selection of Mayor Pro Tem C/Herrera nominated C/Lyons to serve as Mayor Pro Tem of the City of Diamond Bar. There were no other nominations offered. C/Lyons was elected to serve as Mayor Pro Tem by the following Roll Call vote: AYES: Herrera, Lyons, Tanaka, M/Tye None. None. COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: December 2, 2014 PAGE 2 CITY COUNCIL 3. Presentation to Outgoing Mayor Carol Herrera M/Tye and Council Members presented outgoing Mayor Herrera with a gavel for completion of her 5th non-consecutive term as Mayor. MPT/Lyons said she, the Council and the City appreciated outgoing Mayor Herrera's leadership during 2014. C/Tanaka thanked outgoing Mayor Herrera for a great job serving as Mayor of the City during 2014. Outgoing Mayor Herrera said it was her very great pleasure to serve as the City's Mayor during its 25th Anniversary year. There were many memorable events including dedication of the time capsule, dedication of the Windmill, opening of new trails in parks and other numerous events. Staff was very busy throughout the year and did a wonderful job in planning and preparing for the many events. She feels very privileged to have been able to serve as Mayor during this particular year. She is also proud of the City's efforts with respect to other outstanding accomplishments including receipt of a $10 million TIGER National Grant to help with construction of the SR57/60 interchange, a project that took a lot of hard work on the part of staff and Council Members during 2014 and previous years to get this project nationally recognized. She thanked her colleagues for their support and thanked staff for doing such a great job all yearlong. RECESS TO RECEPTION: M/Tye recessed the City Council meeting at 6:38 p.m. RECONVENE: M/Tye reconvened the City Council meeting at 6:53 p.m. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Oral and Video Presentation of Windmill Dedication Ceremony CM/DeStefano reported that the dedication of the Windmill took place on Thursday morning, November 20, 2014 at the corner of Diamond Bar Boulevard and Grand Avenue where the Windmill has stood for nearly 50 years. Many attended the event including members of the Historical Society, the Diamond Bar Breakfast Lions Club, the Chamber of Commerce and present and past Diamond Bar City Council Members. During her remarks, former Mayor Carol Herrera provided history about the significance of windmills that were in this area during the ranch days that were December 2, 2014 PAGE 3 CITY COUNCIL used to pump water for irrigation, livestock and for other ranch operations. The Windmill remains an icon of great historic value and significance for the community. It is a prevalent symbol in the City's Seal, the City's business cards, and is included in various City beautification efforts, both existing and forthcoming. The Windmill's location was a result of many individuals coming together to help make the dedication happen. Many were recognized during the dedication including Don Ury, Capitol Corporation Branch of Transamerica who sold the property and -had -the Windmill relocated on the lot when this center was finished, to the current property owners ROTC and Richard K. Schoebel, ROIC's Chief Operating Officer. While many individuals believed the City owned the Windmill, in fact, it has been and remains to be privately held. Without the efforts of Richard Schoebel and the ROIC the City would not have been able to enter into a perpetual long-term maintenance and preservation agreement. As a result of that agreement, City staff members transformed the aging Windmill by reverting it back to its original status by repairing, repainting, greasing, etc. as necessary to fulfill the agreement and ongoing efforts. The new colors which are bright are the original colors when it was originally placed in the City. This event was concluded with a group photo near the Windmill which can be found on the City's website under the Photo Gallery heading as well as, a 15 -minute video of the complete ceremony which is available on the City's website, YouTube channel, DBTV for Time Warner and Verizon FIOS subscribers. CM/DeStefano presented the video and concluded his remarks. 3. PUBLIC COMMENTS: Joshua Murray, Teen Services Librarian, Diamond Bar Library invited residents to attend the December Library programs and events which can be found on the library's website at www.colapublib.org/diamondbar or by calling 909-861-4978. Events include a film screening for kids on December 3 at 4:00 p.m. in the Windmill Room; on December 6 at 1:00 p.m. and 2:30 p.m. a holiday themed art activity in the Windmill Room for children ages 2-11 (signup required by visiting or calling the library); on December 9 and 16 at 3:30 p.m. teens will have an art activity with a holiday theme; on December 10 at 4:00 p.m. the library will host a very special holiday music concert appropriate for all ages in the Windmill Room; on December 13 at 2:00 p.m. a gift -wrapping workshop in the Windmill Room hosted by an award-winning gift -wrapping champion; and, story time programs on December 9, 16 and 23 at 11:00 a.m. and December 13 at 10:30 a.m. Everyone is invited to meet Santa in the children's area on December 20 at 2:00 p.m. Surendra Mehta, Sunshine Senior Association, thanked the City Council for doing a great job for the City and its residents. As a long-term resident of this great City, a donor member of the Sunshine Senior Association and December 2, 2014 PAGE 4 CITY COUNCIL Commissioner of Traffic and Transportation Commission, he thanked staff and especially the Diamond Bar Center staff for always helping the association by providing room and services for its activities. It is so good to see the City working with many senior associations and giving an opportunity to all seniors to enhance the quality of their lives. He conveyed his heartfelt thanks again on behalf of community members present. The Sunshine Senior Association Christmas Party will take place on December 21 and invited Council Members and members of the public to attend. He understands that there is a vacancy on the City Council since Council Member Ling -Ling Chang was elected and asked that the City Council consider selecting a service -minded volunteer for the position and avoid a costly election which will save the City close to $150,000. He wished everyone a wonderful holiday season. RESPONSE TO PUBLIC COMMENTS: None Offered. 4. SCHEDULE OF FUTURE EVENTS: 5.1 Holiday Diamond Ride — November 28, 2014 through January 1, 2015 — Free Shuttle Service 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. 5.2 Candy Cane Craft Fair — December 6, 2014 — 9:00 a.m. to 2:00 p.m., Diamond Bar Center, 1600 Grand Avenue. 5.3 Planning Commission Meeting — December 9, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 Traffic and Transportation Commission Meeting — December 11, 2014 — 7:00 p.m., Windmill Community Room,. 21810 Copley Drive — Canceled. 5.5 City Council Meeting — December 16, 2014 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.6 Planning Commission Meeting — December 23, 2014 — Canceled. 5.7 Parks and Recreation Commission Meeting — December 25, 2014 — Canceled. 5.8 Christmas Holiday — December 24 and 25, 2014 — City Offices will be closed in Observance of the Christmas Holiday — City Offices will reopen Friday, December 26, 2014 at 7:30 a.m. December 2, 2014 PAGE 5 CITY COUNCIL 5.9 Holiday Tree Curbside Collection Program — December 26, 2014 through January 8, 2015. Trees free of decorations and flocking may be left at the curb for free pickup during this period. Any tree in excess of 6 feet must be cut in half. 5.10 Late Night Transit Pass Sale — Tuesday, December 30, 2014 until - 7:00 p.m., Diamond Bar City Hall, 21810 Copley Drive (This will be the last Late Night Transit Pass Sale) 6. CONSENT CALENDAR: C/Herrera moved, MPT/Lyons seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tanaka, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of November 18, 2014. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of October 23, 2014. 6.3 RATIFIED CHECK REGISTER — Dated November 13, 2014 through November 26, 2014 totaling $1,392,233.64. 6.4 APPROVED TREASURER'S STATEMENT — Month of October 2014. 6.5 ADOPTED RESOLUTION NO. 2014-45: APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHED A PROJECT PAYMENT ACCOUNT, WAIVED BID IRREGULARIES, AND AWARDED CONSTRUCTION CONTRACT FOR THE 2014-2015 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AREA 2 SIDEWALK INSTALLATION PROJECT TO TSR CONSTRUCTION AND INSPECTION IN THE AMOUNT OF $124,420 AND AUTHORIZED A CONTINGENCY AMOUNT OF $31,105 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $155,525. 6.6 APPROVED UPDATED SANITARY SEWER MANAGEMENT PLAN (SSMP) AS REQUIRED BY THE STATE WATER RESOURCES CONTROL BOARD (SWRCB) ORDER NO. 2006- 003. December 2, 2014 PAGE 6 CITY COUNCIL 7. CONTINUED PUBLIC HEARING: 7.1 ORDINANCE 08 (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. (Continued from November 18, 2014) CM/DeStefano stated that this matter involves an Urgency Ordinance extending an Ordinance that was adopted last year which suspends Chapter 8.26 of the Diamond Bar Municipal Code and prohibits the operation and establishment of Medical Marijuana Dispensaries. DCM/McLean stated that this item is adoption of an Urgency Ordinance extending a previous Urgency Ordinance prohibiting the operation and establishment of Medical Marijuana Dispensaries in the City. This item was continued from the last City Council meeting on November 18. Proposition 215 is a State Proposition that allows for the growth and use of medical marijuana by primary caregivers and authorized users. However, State law does not provide authorization for retail medical marijuana dispensaries and the use and distribution of marijuana remains�a criminal offense under Federal Law. Given the contradiction between state and federal law, and in an effort to retain local control over land use decisions, the City Council adopted Urgency Ordinance 02 (2014) in January 2014 which established the temporary moratorium on Medical Marijuana Dispensaries. This Ordinance was subsequently extended by the City Council on February pushing the temporary Moratorium expiration date to January 20, 2015. Concurrently, the City Council adopted Ordinance 04 (2014) fully prohibiting Medical Marijuana Dispensaries of any kind. Due to a legal challenge filed by the Union of Medical Marijuana Patients filed after passage of the ordinance, the City Council chose not to direct that the overlapping Urgency Ordinance be allowed to expire, which means that at this time, both the Urgency Ordinance Moratorium and the Permanent Ordinance are in effect. The legal challenge to the permanent ordinance is expected to be heard by the Courts in January 2015. While the City Attorney is confident that the permanent ordinance will be upheld, it is recommended that the City Council adopt the Urgency Ordinance before it tonight which will extend the Urgency Ordinance Moratorium an additional 12 months and will provide continued coverage as the legal system works through the case. December 2, 2014 PAGE 7 CITY COUNCIL M/Tye opened the Public Hearing. With no one present wishing to speak on this item, M/Tye closed the Public Hearing. C/Herrera moved, C/Tanaka seconded, to adopt Ordinance 08 - -- --- (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. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tanaka, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: 8.1 CITY COUNCIL VACANCY: CM/DeStefano stated that for the fifth time in the short 25 -year history of Diamond Bar, a member of the City Council has been elected to higher office. Council Member Chang was elected to the Assembly Seat in District 55 about a month ago and was sworn in as the new Assembly Member yesterday. This event creates a vacancy on the City Council. Pursuant to State Government Code §36512(b), the City Council has 60 days from the day of the vacancy (December 1, 2014) to reach its decision by January 30, 2015 to make an appointment or call for an election to fill the vacancy on the City Council. The City Council has faced this situation several times in the past and has chosen to appoint the replacement for previous times while calling for a special election only once in the City's history. The Council has options which include appointment of an individual for the remainder of the term which lasts until November 2017. Council Member Chang was voted into office last year and the full term of her appointment would expire November 2017. The appointment requires a majority vote of the Council Members present in a quorum and the appointed individual must be a US Citizen, a Diamond Bar resident, a registered voter and be 18 years of age or older. The Council is under no legal obligation to advertise the vacancy, solicit applications, or conduct interviews before appointing an individual to the empty seat and it may choose any process for the December 2, 2014 PAGE 8 CITY COUNCIL appointment the Council deems appropriate. However, should the Council choose to appoint, staff is recommending a uniform application and interview process, to be used to select the most qualified candidate. Staff has prepared a draft Appointment Application form which is found within staff's report and will be posted online. The application includes fundamental questions about the candidate's name, address, general interest, and asks a couple of questions to be answered which would help to identify their background and interest in seeking the seat. All of the meetings wherein the Council would consider candidates for the position, interview applicants and then make a decision on an appointee must be made in a public setting in a public meeting. If the Council were to move forward with an appointment process, staff would recommend that the Council make that decision tonight due to a very short period of time (only 60 days) during which there are holidays and other commitments that will cut into the time period. If the Council makes a decision to appoint tonight, there is sufficient time to make a decision on whether or not the Council wishes to move forward with an election. If the Council were to decide to move forward with an appointment tonight, staff would immediately announce the opportunity for applications to be received. Staff is recommending a little more than a two-week process for the receipt of applications thereby closing on Friday, December 19 at 4:30 p.m. and further suggesting that the week of January 5 (Monday prior to the January 6 City Council meeting) be used for Council interviews With potential candidates followed by Council deliberation and discussion. Staff would ask that Council Members look at the week of January 5th to see if the appropriate time can be set aside to call for a meeting and interview process and consider additional interview dates during that week. Since the number of interested candidates is unknown at this time, the assumption is that all applicants would be interviewed which might require one long day or a few evenings or a Saturday. Once ready, the Council can make the appointment at any time; however, the appointment needs to be made at a public meeting. The City Council can appoint an individual to serve only until a special election is held. So, if the Council were to appoint an individual it could be until a special election is called by the City Council. Based on the rules set forth that special election would likely be no sooner than the first Tuesday in June 2015 or any other date, or the first Tuesday in November 2015. If the Council were to appoint an individual to serve only until a special election is held, the term would last until the election. December 2, 2014 PAGE 9 CITY COUNCIL The third option is to simply call for a Special Election. If the City Council were to take the 60 days to consider calling for a Special Election, and assuming the Council did so just prior to January 30, 2015 there is a state requirement that there has to be a minimum of 114 days prior to calling a Special. Election. Therefore, the City Council could have a Special Election on June 2, 2015 or an _election on November 3, 2015 which would be concurrent with the___ regularly scheduled election for two seats.—If the City Council chose to call for a Special Election it could appoint an individual to fill the vacancy or, leave the seat vacant and run the City Council with its current four members. Staff's recommendation to consider an appointment is as a result of the Council's successful use of that tool by the current and prior Council Members over the years in dealing with vacancies that have occurred. Staff's recommendation is also a result of the cost associated with a special election which staff anticipates would cost about $150,000 which is not budgeted for but could be budgeted for. He, DCM/McLean and the City Attorney helped prepare the staff report on this item and are present to answer any questions the Council may have. M/Tye asked if he heard correctly that the City Council could leave the seat vacant until November 2015. CM/DeStefano responded affirmatively. C/Herrera asked if the Council made a decision to make an appointment and come the first week in January the Council was not able to come to majority agreement on a candidate, could the Council then call for a special election or combine it with the November 31d election. CM/DeStefano again responded affirmatively. C/Herrera said she did not believe it was a realistic expenditure of public funds to spend $150,000 on a Special Election. She believes there are several very good citizens who are interested in serving the City and serving the residents and believed it made greater sense to accept applications beginning today and continue accepting applications through December 19 and see where that leads the City Council the beginning of January 2015. C/Tanaka said he favored making an appointment for the remainder of the term. MPT/Lyons said she would need to follow the lead of her. December 2, 2014 PAGE 10 CITY COUNCIL experienced colleagues because she has no experience on this issue. She would prefer the City not spend money on a special election and felt there would be sufficient interest to allow the Council to consider candidates for appointment. M/Tye said he agreed with his colleagues that a special election did not make-sense-for-the-City—While the City can afford the $120 or $150,000 he did not believe that was the best use of the City's resources. He believes that in a community of 27,000 registered voters it is likely that the Council can agree on one qualified candidate. When the Council goes through the process of interviewing and makes its decision he agrees with C/Herrera's bifurcation of the issue that if the Council gets to January 30, 2015 and it has not made a decision the Council would be forced to go with a special election and by deciding to go with an appointment process it does not take away any of the Council's options. M/Tye reiterated that there is Council concurrence for an appointment process and asked if the Council had to decide this evening on the length of the appointment process. CA/DeBerry responded "no". Within 60 days the Council will have to decide to either make an appointment for the remainder of the term, make an appointment until a special direction is held, or call a special election. So, that determination could be made sometime in January 2015. M/Tye asked if there was anyone who wished to speak. With no one present who wished to speak on this item, M/Tye closed public comments. C/Herrera moved, MPT/Lyons seconded, to adopt staff's recommended Option 1 to accept applications beginning December 2, 2014 and closing December 19, 2014, with Council interview of selected candidates with appointment and length of appointment announcement at a City Council meeting prior to January 30, 2015. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tanaka, MPT/Lyons, Mf -Fye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CM/DeStefano stated that staff understands Council's direction and will commence with the public notification process. The application December 2, 2014 PAGE 11 CITY COUNCIL has been prepared and posted online so that interested parties can download the application and begin the process. The next City Council meeting is December 16. That evening, upon conclusion of the Council's business items, staff will ask that the meeting be adjourned to a special meeting, hopefully on Monday, January 5, to start the interview process. The Council can pick anytime in January but would recommend- that_ the_Council_look_at_January 5 as the date to provide Council with sufficient time to consider the----- applications he---applications and have the entire month of January to make its decision. RECESS: M/Tye recessed the City Council meeting to the Public Financing Authority meeting at 7:32 p.m. RECONVENE: M/Tye reconvened the City Council meeting at 7:37 p.m. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka hoped that everyone had a nice Thanksgiving holiday. He and his wife Wanda are reminded of how much they have to be thankful for. On November 20 he attended the historic Windmill Dedication and thanked all who made it possible including the Historical Society and the Diamond Bar Breakfast Lions Club for the plaque that was installed at the site 11 years ago. He attended the November 22 Grandview Trail Opening and said it was a great day for hiking. The trail is a great addition to the many trails in the City which challenge hikers at all levels of competence. He thanked all who have supported him and kept him in their prayers over the past few weeks. C/Herrera thanked staff for the great Windmill Dedication Ceremony and thanked the Diamond Bar Historical Society for their preservation of photos that were replicated and given to John Forbing who kept the memorabilia in his garage to preserve the history for.the future. The Windmill plays a significant part in the history of Diamond Bar its likeness is part of the City's logo, the City pin, the City stationery and is on the cover of the Windmill Magazine. She is very pleased that after many years of this matter being on the list of City Council Goals the City was able to get the Windmill preserved and secured in perpetuity. She hopes everyone had a nice Thanksgiving as she did and thanked everyone for attending. MPT/Lyons congratulated M/Tye on being appointed Mayor. She enjoyed the Windmill video and hoped to see the full 20 -minute video with sound very soon. She attended the Grandview Trail Opening with her colleagues and was the only Council Member who hiked the trail. She thanked CSD/Rose and CSC/Tarazon for their work toward making the trail December 2, 2014 PAGE 12 CITY COUNCIL opening possible. The event was very well attended. It was a beautiful day and was an outstanding event. During the presentation Congressman Royce congratulated the City on the new trail. He mentioned that his office was aware of several other grants the City could apply for and she wanted to make sure CSD/Rose was aware of these grants and perhaps there would be grants for fields as well to be used to spruce up the City's fields. She thanked former -Mayor Herrera -for her leadership_ and mentors hip which was importanfto C71-yons as the rookie Council Member _ to be able to ask Mayor Herrera questions which she was always happy to answer. M/Tye thanked staff for all that they do. The Windmill Dedication was a Council Goal for many years and it is nice to be involved in seeing it to fruition. It is good to have it preserved for as long as possible. The Grandview Trail Grand Opening was another opportunity for the City. M/Tye stated that it is his privilege to serve the City of Diamond Bar on the Council and as the City's Mayor, to be able to represent residents locally, regionally and at the state level. He takes the responsibility very seriously and is grateful to work with his colleagues and hopes there will be a 5th Council Person selected within the next 60 days to fill out the Council. He also feels privileged to work with as fine a staff as he has ever seen in any City anywhere. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the City Council Meeting at 7:47 p.m. J TOMMY CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 16thday of December 2014. STEVE , MAYOR