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HomeMy WebLinkAbout12/15/2009 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 16, 2009 CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:33 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Pastor Randy Lanthripe, Church of the Valley, gave the invocation. ROLL CALL: Council Members Ling -Ling Chang, Ron Everett, Jack Tanaka, Mayor Pro Tem Steve Tye, and Mayor Carol Herrera. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Greg Gubman, Community Development Director; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Anthony Santos, Management Analyst; Lauren Hildago, Public Information Specialist; Cecilia Arellano, Public Information Coordinator; Patrick Gallegos, Management Analyst; and Tommye Cribbins, City Clerk. Michael Jenkins, City Attorney arrived at 6:45 p.m. APPROVAL OF AGENDA: SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Tanaka presented a Certificate of Recognition to Diamond Bar High School student Timothy Huang for being named "Leo of the Year" by the Lions Club International. 1.2 Council Members along with Jody Roberto and Sherry Robman representing the D.B. Community Foundation and a representative with Assemblyman Curt Hagman's Office presented Certificates of Recognition and prize money to "Diamond Bar through My Lens" Photo Contest Winners. NEW BUSINESS OF THE MONTH: 1.3 MPT/Tye presented a City Tile to Misora Sushi, 2040 S. Brea Canyon, as New Business of the Month for December 2009. No one was able to be present to receive the award. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. DECEMBER 15, 2009 PAGE 2 CITY COUNCIL 3. PUBLIC COMMENTS: Robert Velazquez, 24336 Seagreen, said he believed that D.B. should work to preserve open space and as a result, was opposed to the renewal of the Gary Neely contract (Consent Calendar Item 6.5). Grace Lim -Hays, 21323 Cottonwood Ln., asked for clarification as to what services Gary Neely was expected to provide the City for the next 24 months (Consent Calendar Item 6.5). 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responded to the two speakers who had questions and concerns about Consent Calendar It 6.5, a proposed 24 -month renewal of the Gary Neely contract. Mr. Neely's present contract for 18 months concludes at the end of December. Mr. Neely has been used very infrequently during the past 18 months. The City was invoiced for July 2008 services and for September, October and November 2009 for the National Parks Service study. Should the contract be renewed, CM/DeStefano would presume that Mr. Neely's services would continue to be used on an infrequent basis and primarily for the National Parks Service study area, open space resources, etc. M/Herrera responding to Mr. Velasquez stated that the City of D.B. is opposed to the National Park Service plan and that the City's consultant prepared what the City asked him to prepare. It is the position of the City that local control and not National Park Services is best to determine the use of land within the City boundaries and within the City's Sphere of Influence. There are other agencies that are opposed to being arbitrarily included in the National Park Service and its plan. Further, Mr. Neely works on whatever the City Manager asks him to work on as needed. MPT/Tye stated that the National Parks Service representative commented that Mr. Neely knew what he was talking about and that he had done his homework and that is exactly the type of expertise the City of D.B. needs. It is important to understand that the National Park Service has to follow rules just like everybody else. During that meeting, the comment was made by the facilitator when questioned by a resident of D.B., that it was important for the National Park Service to give guidance to Congress because Congress doesn't always understand what is being discussed. MPT/Tye stated that a comment had been made that the National Park Service was an organization that felt that their role was more important than the role of Congress which he believes is very, very dangerous. In short, he appreciates Mr. Neely's expertise in that area. DECEMBER 15, 2009 PAGE 3 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 Washington Street Mini Park Public Meeting — December 17, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.2 Holiday Diamond Ride — through January 1, 2010 — for Holiday Shopping around town. 5.3 Christmas Holiday — December 24 and 25, 2009 — City Offices will be closed in observance of the Christmas Holiday. City Offices will reopen Monday, December 28, 209 at 7:30 a.m. 5.4 Holiday Tree Curbside Collection Program — December 26, 2009 through the middle of January 2010. Trees free of decorations and flocking may be left at the curb on trash day for free pickup during this period. Any tree over 6 feet in height must be cut in half. 5.5 New Year's Holiday — January 1, 2010 — City Offices closed Friday, January 1, 2010 in observance of the New Year's Holiday. City — Offices will reopen Monday, January 4, 2010 at 7:30 a.m. 5.6 City Council Meeting — January 5, 2010 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Everett moved, MPT/Tye seconded, to approve the Consent Calendar with Item 6.5 pulled for further consideration. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES - Regular Meeting of December 1, 2009 — Approved as submitted. 6.2 RATIFIED CHECK REGISTER - Dated November 25, 2009 through December 9, 2009 totaling $688,982.15. 6.3 ADOPTED RESOLUTION NO. 2009-44: ESTABLISHING A POLICY FOR THE DISTRIBUTION OF TICKETS AND PASSES RECEIVED BY THE CITY PURSUANT TO THE NEW AMENDMENTS TO CALIFORNIA FPPC RULE 18944.1(c). 6.4 APPROVED ADJOURNING THE DECEMBER 15, 2009 CITY COUNCIL MEETING TO JANUARY 19, 2010. DECEMBER 15, 2009 PAGE 4 CITY COUNCIL 6.6 (a) APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR THE 2009-10 — COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATION PROJECT IN THE VICINITY OF CASTLE ROCK ELEMENTARY SCHOOL TO FS CONSTRUCTION IN THE AMOUNT OF $22,785 AND AUTHORIZED A CONTINGENCY AMOUNT OF $5,600 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $28,385. (b) APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT — RECOVERY (CDBG-R) CURB RAMP INSTALLATION PROJECT IN THE VICINITY OF EVERGREEN SPRINGS ELEMENTARY SCHOOL TO FS CONSTRUCTION IN THE AMOUNT OF $53,310 AND AUTHORIZED A CONTINGENCY AMOUNT OF $13,200 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $66,510. ITEMS WITHDRAWN FROM CONSENT CALENDAR 6.5 APPROVAL OF AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH GARY L. NEELY, EXTENDING THE AGREEMENT AT THE MONTHLY AS -NEEDED RATE OF $1,620 FOR A PERIOD OF TWENTY-FOUR MONTHS, COMMENCING JANUARY 1, 2010 AND EXPIRING DECEMBER 31, 2011. C/Everett asked if staff had any additional information on comments made during the City Manager's response to public comments. CM/DeStefano responded that the staff report that was prepared and distributed to Council Members last Friday indicated that through the last 18 month period of the contract the City had been invoiced only once for a total of $1,620. As he had stated previously he had just received today, an additional invoice for the months of September, October and November for a total of $4,860 and if approved would result in a grand total during the 18 -month contract period of $6,480. This is the only additional information from that which the City Council Members received in the staff report. C/Everett asked if the format of consulting services agreement with Mr. Neely was new or had been in place since inception. DECEMBER 15, 2009 PAGE 5 CITY COUNCIL CM/DeStefano responded that Mr. Neely has been contracted to serve the City of D.B. over a number of years. The contract has changed slightly over the years. The contract that will reach expiration at the end of December 2009 was a new contract that provided additional terms and conditions and was initiated in July 2008. Staff is recommending that the City Council continue the in- place contract for an additional 24 -months commencing January 1, 2010. C/Everett stated he was troubled by the format, lack of statement of abilities and skills and that no resume was attached and asked if this was the only way the Council can do business or is there another way that is more typical in the City of D.B. CM/DeStefano stated that in this particular case, this is an extension of an existing contract which allows for not incorporating those particular documents within this agenda item. If this were a new engagement with a consultant that the City had not previously utilized staff would have provided the Council with background information on the consultant and his firm as well as other proposals that were reviewed in order to procure the services. C/Everett said he was troubled by the City receiving invoices today for three months of work. He wanted to know if the City had conducted any performance reviews within the past 12 months. CM/DeStefano stated No; however, the City has indirectly conducted ongoing reviews of the consultant's work in that the City has continued the service through each of the contract terms. C/Everett said he would prefer to handle this at the next meeting to give him an opportunity to research the matter. C/Tanaka said he also had concerns about the contract which he opposed 18 months ago and continues to oppose. His concerns include the infrequency of the use of Mr. Neely, lack of formal reports to the Council, poor billing practices and the value of the information provided. The majority of the information received from Mr. Neely is in the form of forwarded newspaper articles. He said he is also very concerned about the appearance of a conflict of interest. He therefore will not be voting for this contract. MPT/Tye asked what conflict of interest concerns the previous speaker and C/Tanaka had. In the body of Mr. Neely's work there has never been a conflict of interest. Mr. Neely does not have a vote on anything that would represent a conflict of interest. MPT/Tye said he has no idea what C/Tanaka talks about when he DECEMBER 15, 2009 PAGE 6 CITY COUNCIL speaks about a conflict of interest. If the Council judges Mr. Neely's by the body of work he performs, this is an individual who has -- provided consulting services for the City and has the character not to bill if he does not provide any services. Previously, Mr. Neely was on retainer and is now on an as -needed basis. If Mr. Neely bills he gets blasted and when he doesn't bill he gets blasted for billing late. MPT/Tye wanted to know if Council Members who found fault with this consultant had actually read other consultant's reports and had issues with any of those reports because no one has commented on any other consultant's reports. If Council Members need to say they do not like the individual and will not vote for him MPT/Tye understands that and would appreciate an honest response. If Council Members are going to look at the body of work and realize that Mr. Neely keeps the National Parks Service on their toes. He would like to know of another consultant that has provided the City with the information that led to a grant coming to the City of D.B. Mr. Neely has more than paid for his services. MPT/Tye said he did not know if the City got as much benefit from the Sacramento consultant who is on retainer for $3,000 a month. He has no intention of minimizing what other consultants' do for the City but it is difficult for him to sit on the dais and listen to an individual's character being impugned for what MPT/Tye believes are personal or political reasons. The City Council needs to look at this item as a business decision only and decide whether this is a good business decision for the City of D.B. He again asked for a single incident of a conflict of interest during the entire time Gary Neely has been a consultant for the City of D.B. C/Chang said that she believed that this consultant was to be utilized on an as -needed basis. This is not a lump sum contract. According to some of the items discussed it may be prudent to discuss what the Council is looking for in terms of a report and that may be a solution to some of the concerns. She said she is very comfortable with renewing the contract on an as -needed basis as previously required and approved. M/Herrera said the evaluation measurement is solely whether or not the City Manager and his staff are satisfied with the work product that was prepared which itself is an evaluation. If the City Manager is not satisfied with the quality or content, that individual would not be asked to provide further work product. If the City Manager is not satisfied and no further work is needed there is no monies expended. There are a lot of controls factored into the contract to the point that this individual has specific knowledge about certain organizations and from time to time as the City - becomes involved with those different organizations or as those organizations attempt to exert their will on the City of D.B. and its DECEMBER 15, 2009 PAGE 7 CITY COUNCIL boundaries. The City may need to engage an individual to help staff with its preparation and Mr. Neely has specific knowledge and specific skills that fill those needs on an as -needed basis. It is up to the City Manager to determine what the work load is and what it is that staff needs and on occasion Mr. Neely provides that on a demand basis. As to the infrequency of billing, how can one bill if there has been no work to bill. M/Herrera said she believed the City Council had all of the information necessary to move forward with a decision on this item. M/Herrera moved, MPT/Tye seconded, to approve Consent Calendar Item 6.5. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: Everett, Tanaka ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARINGS: 7.1 PUBLIC HEARING — ADOPT RESOLUTION NO. 2009-45: APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ALLOCATION FOR 2010-2011 IN THE AMOUNT OF $355,490. ACM/Doyle stated that this resolution is the allocation plan for the Community Development Block Grant funds which are Federal funds that are passed from Washington to the Los Angeles County Community Development Commission and on through to the City. It is estimated that for 2010-2011 the City will receive $355,490 which will need to be appropriately allocated under the guidelines of the CDBG program. This program provides for a maximum of 15 percent or $53,324 to be used for public service such as the City's senior program staff and supplies, YMCA childcare and equally among the four senior groups primarily for event insurance coverage. CDBG allows the City to charge a maximum of 10 percent for support services ($35,549). The remaining funds are used to benefit the community. Staff is recommending these remaining funds be used as follows: $100,000 for home improvement, $50,000 for the ADA retrofit for certain mini parks (additional fund allocations may be requested to fully fund the mini park project in the future) and, $116,617 for curb ramp installation. M/Herrera opened the Public Hearing. Jane Taylor, CEO, Pomona Valley YMCA, reminded Council that the funds provided by the City are crucial to the young people of this community. With the economic downturn the YMCA has DECEMBER 15, 2009 PAGE 8 CITY COUNCIL noticed that parents who were previously able to afford childcare are now coming to the YMCA for assistance. She thanked the City Council for its support. ACM/Doyle stated that there was an additional $5,000 allocated as part of the public service allocation for Daycamp. M/Herrera closed the Public Hearing. C/Everett moved, C/Chang seconded, to Adopt Resolution No. 2009-45: approving the community development block grant program allocation for 2010-2011 in the amount of $355,490. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: 8.1 APPROVAL OF A TWO-YEAR DIAMOND RIDE (DIAL -A -CAB) SERVICES CONTRACT WITH DIVERSIFIED TRANSPORTATION, LLC, FROM JANUARY 1, 2010 TO JANUARY 1, 2012. PWD/Liu reported that in November the City distributed a Request for Proposal (RFP) to provide Dial -A -Cab service for two years. The RFP was prepared following a review of the current program and how the service could best be enhanced. The RFP set the standards and requirements for D. B. service with such characteristics as hours of operation, dedicated telephone number for users, response time, pick-up/drop-off standards, service areas, fares, share rides and mandatory monthly meetings. The City received three responses. Staff reviewed the proposals and conducted interviews with Diversified Transportation and Network Priority Transit Systems. Staff evaluated each firm's capital and operating resources, financial statements, customer service programs and training, driver qualifications and training as well as, the companies' experiences with Dial -A -Cab service in the region. Going forward, staff believes that an established Dial -a -Cab experience as well as, a strong financial foundation are essential ingredients for carrying out the responsibility of serving approximately 1400 registered Diamond Ride users. Diversified Transportation is the company that will continue to provide our users a reliable and cost-efficient service. Through the RFP process several beneficial components of the Diversified proposal DECEMBER 15, 2009 PAGE 9 CITY COUNCIL were revealed that will add to the new contract as follows: 1) A 50 percent reduction from the current administrative fee of 10 percent to 5 percent; 2) a guarantee to maintain the $2.50 per mile meter rate and $2.50 flag guard rate for the next two years; 3) additional wheelchair accessible taxis to better serve the users; 4) an enhanced reservation system that will speed the gathering of service data for reporting and for maximization of shared rides; 5) a computerized dispatch system with GPS tracking software using non-verbal data communications between dispatchers and drivers; and, 6) a comprehensive custom training program for dispatchers and drivers. Staff recommends approval of the two-year Diamond Ride Services Contract with Diversified Transportation LLC beginning January 1, 2010 and continuing to January 1, 2012. C/Everett said that on December 1 a number of residents spoke about the service and left questions that called for follow up. He asked PWD/Liu if follow up was done and what level of resolve was achieved that might add to this report. PWD/Liu stated that during the last City Council meeting Mr. and - Mrs. Siegler expressed concerns about the wait time. That evening, Larry Slagel from Diversified was present. On Tuesday, December 8, Mr. Slagel met Mr. and Mrs. Siegler at their home to discuss specific concerns. Mr. Slagel looked at six months of history in an attempt to understand what happened. In short, there were no instances recorded and there was no information available that indicated that delivery of service was not provided within acceptable Diamond Bar standards. The Sieglers were notified of Diversified's efforts and were satisfied. Further, as a gesture of good will, the cab company also presented the Siegler's with 20 free ride coupons for future use. Staff followed up with the Sieglers on December 9 and both Mr. and Mrs. Siegler said they were happy with the findings and had no issues with the cab company or with the Dial -A -Ride program. There was no one present who asked to speak on this item. MPT/Tye thanked Mr. Slagle for taking the initiative to immediately speak with the Sieglers that same evening to address their issues and look into the matter. He was concerned that the ride in question did not appear in the history but he was pleased that the Sieglers were satisfied. MPT/Tye moved, C/Everett seconded, to approve a two-year Diamond Ride (Dial -A -Cab) Services Contract with Diversified Transportation, LLC from January 1, 2010 to January 1, 2012. Motion carried by the following Roll Call vote: DECEMBER 15, 2009 PAGE 10 CITY COUNCIL AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 RATIFY CITY COUNCIL COMMITTEE APPOINTMENTS AND ADOPT RESOLUTION NO. 2009-46: CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS. M/Herrera moved, C/Tanaka seconded, to ratify the Council Committee Appointments and Adopt Resolution No. 2009-46: Confirming the appointment of specific representatives to the San Gabriel Valley Council of Governments as listed below. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ORGANIZATION DELEGATE ALTERNATE California Contract Cities Association Tye Tanaka Foothill Transit Board Herrera Tye Four -Corners Transportation Policy Group Herrera Chang Greater L.A. County Vector Control District Hamilton Joint Powers Insurance Authority Tye Everett L.A. County Sanitation District No. 21 Herrera Chang L.A. County City Selection Committee Herrera Tye League of CA Cities — L.A. County Division Chang Everett San Gabriel Valley Council of Governments Herrera Tye Southern California Assn of Governments (SCAG) Chang Everett Tres Hermanos Conservation Authority Herrera Tye Wildlife Corridor Conservation Authority (WCCA) Tanaka Chang Wildlife Corridor Conservation Authority Advisory Davis Rogers STANDING COMMITTEES Economic Development Chang Everett Neighborhood Improvement Tanaka Tye Public Safety Committee Herrera Tye AD HOC COMMITTEES City Council Goals/City Manager Evaluation Herrera Tye Industry East Development Advisory Committee Herrera Everett Legislative Chang Everett Lighting/Landscape Assess Dist subcommittee Tanaka Everett Sphere of Influence/Annexation Herrera Everett DECEMBER 15, 2009 PAGE 11 CITY COUNCIL LIAISON Chamber of Commerce Everett Tanaka Diamond Bar Community Foundation Chang Tanaka Library Everett Tanaka PUSD/City Tanaka Everett Senior Citizen Tanaka Herrera WVUSD/City Tye Chang 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Everett congratulated the participants and winners of "Through My Lens". On Monday, December 14 individuals can sign up via e - subscriptions to get weekly news updates online and forward questions and concerns to public information. With respect to Consent Calendar Item 6.5 he is very frustrated because he is troubled by a perception of conflict of interest. National Parks Service is supported by Congressman Miller, State Senator Huff and Assemblyman Hagman and the City of D.B. He has trouble with the format of the agreement and he has not properly articulated his concerns. He trusts that all enjoyed the Thanksgiving holiday and will enjoy the December holidays. His mother-in-law Marian J. Hillner passed away Friday at 97 and although there is sadness in his home he and his wife appreciate the legacy his mother-in-law has left to her family. He wished everyone a happy, healthy and prosperous new year. C/Tanaka reported on his attendance at the WCCA meeting, the Volunteers on Patrol dinner and the DBHS fundraising dinner where he and his wife were honored for supporting the DBHS arts. He thanked the Brahma Foundation, parents, students and the City as well as, the DBHS Leo Club. He attended the Candy Cane Craft Fair, the Double Eagle Scout Court of Honor for Troop 777 (Andrew Lee and Mathew Hahn); the Diamond Bar Seniors Holiday Dinner and Dance; and the Diamond Bar Senior Citizens Club Christmas luncheon. He wished everyone a Merry Christmas and Happy New Year and Happy Holidays to everyone during this season. He asked that M/Herrera adjourn the meeting in memory of C/Everett's mother-in-law. C/Chang congratulated C/Tanaka and his wife Wanda for being honored by DBHS. She congratulated all of the D.B. Through My Lens award recipients. Last year she served as a judge and it was difficult to pick from all of the wonderful photos. She congratulated Timothy Huang on being named Leo of the Year. This is the fifth year in a row that the Leo of the Year was a DBHS student. Last week she presented a certificate on behalf of the Diamond Bar City Council to resident Echo Lew for two art exhibitions at his museum in Pomona. She thanked staff for helping her get settled and acclimated into her new position. She wished everyone happy holidays! DECEMBER 15, 2009 PAGE 12 CITY COUNCIL MPT/Tye attended the D.B. Performing Arts Showcase honoring Jack and Wanda Tanaka. He thanked the Diamond Bar Community Foundation for all that they do and their participation in "Through My Lens" and other programs that benefit the City. Anyone who would like to become involved is welcome to do so. He wished everyone a very Merry Christmas and happy holidays and a safe and happy New Year. M/Herrera wished everyone a very safe holiday season and Happy New Year. RECESS: M/Herrera recessed the meeting at 8:00 p.m. to Closed Session. RECONVENED: Following the Closed Session, M/Herrera reconvened the Regular Session where CA/Jenkins announced that Council met in Closed Session; however, there was no reportable action taken. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council meeting at 8:45 p.m. to January 19, 2010 in honor of C/Everett's mother-in-law, Marian J. Hillner. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this i9th day of January , 2010. CAROL HERRERA, MAYOR MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 15, 2009 CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:33 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Pastor Randy Lanthripe, Church of the Valley, gave the invocation. ROLL CALL: Council Members Ling -Ling Chang, Ron Everett, Jack Tanaka, Mayor Pro Tem Steve Tye, and Mayor Carol Herrera. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Greg Gubman, Community Development Director; Rick Yee, Senior Civil Engineer, Kimberly Molina, Associate Engineer; Anthony Santos, Management Analyst; Lauren Hildago, Public Information Specialist; Cecilia Arellano, Public Information Coordinator; Patrick Gallegos, Management Analyst; and Tommye Cribbins, City Clerk. Michael Jenkins, City Attorney arrived at 6:45 p.m. APPROVAL OF AGENDA: SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Tanaka presented a Certificate of Recognition to Diamond Bar High School student Timothy Huang for being named "Leo of the Year" by the Lions Club International. 1.2 Council Members along with Jody Roberto and Sherry Robman representing the D.B. Community Foundation and a representative with Assemblyman Curt Hagman's Office presented Certificates of Recognition and prize money to "Diamond Bar through My Lens" Photo Contest Winners. NEW BUSINESS OF THE MONTH: 1.3 MPT/Tye presented a City Tile to Misora Sushi, 2040 S. Brea Canyon, as New Business of the Month for December 2009. No one was able to be present to receive the award. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. DECEMBER 15, 2009 PAGE 2 CITY COUNCIL 43 PUBLIC COMMENTS: Robert Velazquez, 24336 Seagreen, said he believed that D.B. should work to preserve open space and as a result, was opposed to the renewal of the Gary Neely contract (Consent Calendar Item 6.5). Grace Lim -Hays, 21323 Cottonwood services Gary Neely was expected months (Consent Calendar Item 6.5). Ln., asked for clarification as to what to provide the City for the next 24 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responded to the two speakers who had questions and concerns about Consent Calendar It 6.5, a proposed 24 -month renewal of the Gary Neely contract. Mr. Neely's present contract for 18 months concludes at the end of December. Mr. Neely has been used very infrequently during the past 18 months. The City was invoiced for July 2008 services and for September, October and November 2009 for the National Parks Service study. Should the contract be renewed, CM/DeStefano would presume that Mr. Neely's services would continue to be used on an infrequent basis and primarily for the National Parks Service study area, open space resources, etc. M/Herrera responding to Mr. Velasquez stated that the City of D.B. is opposed to the National Park Service plan and that the City's consultant prepared what the City asked him to prepare. It is the position of the City that local control and not National Park Services is best to determine the use of land within the City boundaries and within the City's Sphere of Influence. There are other agencies that are opposed to being arbitrarily included in the National Park Service and its plan. Further, Mr. Neely works on whatever the City Manager asks him to work on as needed. MPT/Tye stated that the National Parks Service representative commented that Mr. Neely knew what he was talking about and that he had done his homework and that is exactly the type of expertise the City of D.B. needs. It is important to understand that the National Park Service has to follow rules just like everybody else. During that meeting, the comment was made by the facilitator when questioned by a resident of D.B., that it was important for the National Park Service to give guidance to Congress because Congress doesn't always understand what is being discussed. MPT/Tye stated that a comment had been made that the National Park Service was an organization that felt that their role was more important than the role of Congress which he believes is very, very dangerous. In short, he appreciates Mr. Neely's expertise in that area. DECEMBER 15, 2009 PAGE 3 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 Washington Street Mini Park Public Meeting — December 17, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.2 Holiday Diamond Ride — through January 1, 2010 — for Holiday Shopping around town. 5.3 Christmas Holiday — December 24 and 25, 2009 — City Offices will be closed in observance of the Christmas Holiday. City Offices will reopen Monday, December 28, 209 at 7:30 a.m. 5.4 Holiday Tree Curbside Collection Program — December 26, 2009 through the middle of January 2010. Trees free of decorations and flocking may be left at the curb on trash day for free pickup during this period. Any tree over 6 feet in height must be cut in half. 5.5 New Year's Holiday — January 1, 2010 — City Offices closed Friday, January 1, 2010 in observance of the New Year's Holiday. City Offices will reopen Monday, January 4, 2010 at 7:30 a.m. 5.6 City Council Meeting — January 5, 2010 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Everett moved, MPT/Tye seconded, to approve the Consent Calendar with Item 6.5 pulled for further consideration. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES - Regular Meeting of December 1, 2009 —Approved as submitted. 6.2 RATIFIED. CHECK REGISTER - Dated November 25, 2009 through December 9, 2009 totaling $688,982.15. 6.3 ADOPTED RESOLUTION NO. 2009-44: ESTABLISHING A POLICY FOR THE DISTRIBUTION OF TICKETS AND PASSES RECEIVED BY THE CITY PURSUANT TO THE NEW AMENDMENTS TO CALIFORNIA FPPC RULE 18944.1(c). 6.4 APPROVED ADJOURNING THE DECEMBER 15, 2009 CITY COUNCIL MEETING TO JANUARY 19, 2010. DECEMBER 15, 2009 PAGE 4 CITY COUNCIL 6.6 (a) APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR THE 2009-10 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATION PROJECT IN THE VICINITY OF CASTLE ROCK ELEMENTARY SCHOOL TO FS CONSTRUCTION IN THE AMOUNT OF $22,785 AND AUTHORIZED A CONTINGENCY AMOUNT OF $5,600 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $28,385. (b) APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT — RECOVERY (CDBG-R) CURB RAMP INSTALLATION PROJECT IN THE VICINITY OF EVERGREEN SPRINGS ELEMENTARY SCHOOL TO FS CONSTRUCTION IN THE AMOUNT OF $53,310 AND AUTHORIZED A CONTINGENCY AMOUNT OF $13,200 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $66,510. ITEMS WITHDRAWN FROM CONSENT CALENDAR 6.5 APPROVAL OF AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH GARY L. NEELY, EXTENDING THE AGREEMENT AT THE MONTHLY AS -NEEDED RATE OF $1,620 FOR A PERIOD OF TWENTY-FOUR MONTHS, COMMENCING JANUARY 1, 2010 AND EXPIRING DECEMBER 31, 2011. C/Everett asked if staff had any additional information on comments made during the City Manager's response to public comments. CM/DeStefano responded that the staff report that was prepared and distributed to Council Members last Friday indicated that through the last 18 month period of the contract the City had been invoiced only once for a total of $1,620. As he had stated previously he had just received today, an additional invoice for the months of September, October and November for a total of $4,860 and if approved would result in a grand total during the 18 -month contract period of $6,480. This is the only additional information from that which the City Council Members received in the staff report. C/Everett asked if the format of consulting services agreement with Mr. Neely was new or had been in place since inception. DECEMBER 15, 2009 PAGE 5 CITY COUNCIL CM/DeStefano responded that Mr. Neely has been contracted to serve the City of D.B. over a number of years. The contract has changed slightly over the years. The contract that will reach expiration at the end of December 2009 was a new contract that provided additional terms and conditions and was initiated in July 2008. Staff is recommending that the City Council continue the in- place contract for an additional 24 -months commencing January 1, 2010. C/Everett stated he was troubled by the format, lack of statement of abilities and skills and that no resume was attached and asked if this was the only way the Council can do business or is there another way that is more typical in the City of D.B. CM/DeStefano stated that in this particular case, this is an extension of an existing contract which allows for not incorporating those particular documents within this agenda item. If this were a new engagement with a consultant that the City had not previously utilized staff would have provided the Council with background information on the consultant and his firm as well as other proposals that were reviewed in order to procure the services. C/Everett said he was troubled by the City receiving invoices today for three months of work. He wanted to know if the City had conducted any performance reviews within the past 12 months. CM/DeStefano stated No; however, the City has indirectly conducted ongoing reviews of the consultant's work in that the City has continued the service through each of the contract terms. C/Everett said he would prefer to handle this at the next meeting to give him an opportunity to research the matter. C/Tanaka said he also had concerns about the contract which he opposed 18 months ago and continues to oppose. His concerns include the infrequency of the use of Mr. Neely, lack of formal reports to the Council, poor billing practices and the value of the information provided. The majority of the information received from Mr. Neely is in the form of forwarded newspaper articles. He said he is also very concerned about the appearance of a conflict of interest. He therefore will not be voting for this contract. MPT/Tye asked what conflict of interest concerns the previous speaker and C/Tanaka had. In the body of Mr. Neely's work there has never been a conflict of interest. Mr. Neely does not have a vote on anything that would represent a conflict of interest. MPT/Tye said he has no idea what C/Tanaka talks about when he DECEMBER 15, 2009 PAGE 6 CITY COUNCIL speaks about a conflict of interest. If the Council judges Mr. Neely's by the body of work he performs, this is an individual who has provided consulting services for the City and has the character not to bill if he does not provide any services. Previously, Mr. Neely was on retainer and is now on an as -needed basis. If Mr. Neely bills he gets blasted and when he doesn't bill he gets blasted for billing late. MPT/Tye wanted to know if Council Members who found fault with this consultant had actually read other consultant's reports and had issues with any of those reports because no one has commented on any other consultant's reports. If Council Members need to say they do not like the individual and will not vote for him MPT/Tye understands that and would appreciate an honest response. If Council Members are going to look at the body of work and realize that Mr. Neely keeps the National Parks Service on their toes. He would like to know of another consultant that has provided the City with the information that led to a grant coming to the City of D.B. Mr. Neely has more than paid for his services. MPT/Tye said he did not know if the City got as much benefit from the Sacramento consultant who is on retainer for $3,000 a month. He has no intention of minimizing what other consultants' do for the City but it is difficult for him to sit on the dais and listen to an individual's character being impugned for what MPT/Tye believes are personal or political reasons. The City Council needs to look at this item as a business decision only and decide whether this is a good business decision for the City of D.B. He again asked for a single incident of a conflict of interest during the entire time Gary Neely has been a consultant for the City of D.B. C/Chang said that she believed that this consultant was to be utilized on an as -needed basis. This is not a lump sum contract. According to some of the items discussed it may be prudent to discuss what the Council is looking for in terms of a report and that may be a solution to some of the concerns. She said she is very comfortable with renewing the contract on an as -needed basis as previously required and approved. M/Herrera said the evaluation measurement is solely whether or not the City Manager and his staff are satisfied with the work product that was prepared which itself is an evaluation. If the City Manager is not satisfied with the quality or content, that individual would not be asked to provide further work product. If the City Manager is not satisfied and no further work is needed there is no monies expended. There are a lot of controls factored into the contract to the point that this individual has specific knowledge about certain organizations and from time to time as the City becomes involved with those different organizations or as those organizations attempt to exert their will on the City of D.B. and its DECEMBER 15, 2009 PAGE 7 CITY COUNCIL boundaries. The City may need to engage an individual to help staff with its preparation and Mr. Neely has specific knowledge and specific skills that fill those needs on an as -needed basis. It is up to the City Manager to determine what the work load is and what it is that staff needs and on occasion Mr. Neely provides that on a demand basis. As to the infrequency of billing, how can one bill if there has been no work to bill. M/Herrera said she believed the City Council had all of the information necessary to move forward with a decision on this item. M/Herrera moved, MPT/Tye seconded, to approve Consent Calendar Item 6.5. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: Everett, Tanaka ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARINGS: 7.1 PUBLIC HEARING — ADOPT RESOLUTION NO. 2009-45: APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ALLOCATION FOR 2010-2011 IN THE AMOUNT OF $355,490. ACM/Doyle stated that this resolution is the allocation plan for the Community Development Block Grant funds which are Federal funds that are passed from Washington to the Los Angeles County Community Development Commission and on through to the City. It is estimated that for 2010-2011 the City will receive $355,490 which will need to be appropriately allocated under the guidelines of the CDBG program. This program provides for a maximum of 15 percent or $53,324 to be used for public service such as the City's senior program staff and supplies, YMCA childcare and equally among the four senior groups primarily for event insurance coverage. CDBG allows the City to charge a maximum of 10 percent for support services ($35,549). The remaining funds are used to benefit the community. Staff is recommending these remaining funds be used as follows: $100,000 for home improvement, $50,000 for the ADA retrofit for certain mini parks (additional fund allocations may be requested to fully fund the mini park project in the future) and, $116,617 for curb ramp installation. M/Herrera opened the Public Hearing. Jane Taylor, CEO, Pomona Valley YMCA, reminded Council that the funds provided by the City are crucial to the young people of this community. With the economic downturn the YMCA has DECEMBER 15, 2009 PAGE 8 CITY COUNCIL noticed that parents who were previously able to afford childcare are now coming to the YMCA for assistance. She thanked the City Council for its support. ACM/Doyle stated that there was an additional $5,000 allocated as part of the public service allocation for Daycamp. M/Herrera closed the Public Hearing. C/Everett moved, C/Chang seconded, to Adopt Resolution No. 2009-45: approving the community development block grant program allocation for 2010-2011 in the amount of $355,490. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: 8.1 APPROVAL OF A TWO-YEAR DIAMOND RIDE (DIAL -A -CAB) SERVICES CONTRACT WITH DIVERSIFIED TRANSPORTATION, LLC, FROM JANUARY 1, 2010 TO JANUARY 1, 2012. PWD/Liu reported that in November the City distributed a Request for Proposal (RFP) to provide Dial -A -Cab service for two years. The RFP was prepared following a review of the current program and how the service could best be enhanced. The RFP set the standards and requirements for D.B. service with such characteristics as hours of operation, dedicated telephone number for users, response time, pick-up/drop-off standards, service areas, fares, share rides and mandatory monthly meetings. The City received three responses. Staff reviewed the proposals and conducted interviews with Diversified Transportation and Network Priority Transit Systems. Staff evaluated each firm's capital and operating resources, financial statements, customer service programs and training, driver qualifications and training as well as, the companies' experiences with Dial -A -Cab service in the region. Going forward, staff believes that an established Dial -a -Cab experience as well as, a strong financial foundation are essential ingredients for carrying out the responsibility of serving approximately 1400 registered Diamond Ride users. Diversified Transportation is the company that will continue to provide our users a reliable and cost-efficient service. Through the RFP process several beneficial components of the Diversified proposal DECEMBER 15, 2009 PAGE 9 CITY COUNCIL were revealed that will add to the new contract as follows: 1) A 50 percent reduction from the current administrative fee of 10 percent to 5 percent; 2) a guarantee to maintain the $2.50 per mile meter rate and $2.50 flag guard rate for the next two years; 3) additional wheelchair accessible taxis to better serve the users; 4) an enhanced reservation system that will speed the gathering of service data for reporting and for maximization of shared rides; 5) a computerized dispatch system with GPS tracking software using non-verbal data communications between dispatchers and drivers; and, 6) a comprehensive custom training program for dispatchers and drivers. Staff recommends approval of the two-year Diamond Ride Services Contract with Diversified Transportation LLC beginning January 1, 2010 and continuing to January 1, 2012. C/Everett said that on December 1 a number of residents spoke about the service and left questions that called for follow up. He asked PWD/Liu if follow up was done and what level of resolve was achieved that might add to this report. PWD/Liu stated that during the last City Council meeting Mr. and Mrs. Siegler expressed concerns about the wait time. That evening, Larry Slagel from Diversified was present. On Tuesday, December 8, Mr. Slagel met Mr. and Mrs. Siegler at their home to discuss specific concerns. Mr. Slagel looked at six months of history in an attempt to understand what happened. In short, there were no instances recorded and there was no information available that indicated that delivery of service was not provided within acceptable Diamond Bar standards. The Sieglers were notified of Diversified's efforts and were satisfied. Further, as a gesture of good will, the cab company also presented the Siegler's with 20 free ride coupons for future use. Staff followed up with the Sieglers on December 9 and both Mr. and Mrs. Siegler said they were happy with the findings and had no issues with the cab company or with the Dial -A -Ride program. There was no one present who asked to speak on this item. MPT/Tye thanked Mr. Slagle for taking the initiative to immediately speak with the Sieglers that same evening to address their issues and look into the matter. He was concerned that the ride in question did not appear in the history but he was pleased that the Sieglers were satisfied. MPT/Tye moved, C/Everett seconded, to approve a two-year Diamond Ride (Dial -A -Cab) Services Contract with Diversified Transportation, LLC from January 1, 2010 to January 1, 2012. Motion carried by the following Roll Call vote: DECEMBER 15, 2009 PAGE 10 CITY COUNCIL AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: 'COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 RATIFY CITY COUNCIL COMMITTEE APPOINTMENTS AND ADOPT RESOLUTION NO. 2009-46: CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS. M/Herrera moved, C/Tanaka seconded, to ratify the Council Committee Appointments and Adopt Resolution No. 2009-46: Confirming the appointment of specific representatives to the San Gabriel Valley Council of Governments as listed below. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ORGANIZATION DELEGATE ALTERNATE California Contract Cities Association Tye Tanaka Foothill Transit Board Herrera Tye Four -Corners Transportation Policy Group Herrera Chang Greater L.A. County Vector Control District Hamilton Joint Powers Insurance Authority Tye Everett L.A. County Sanitation District No. 21 Herrera Chang L.A. County City Selection Committee Herrera Tye League of CA Cities — L.A. County Division Chang Everett San Gabriel Valley Council of Governments Herrera Tye Southern California Assn of Governments (SCAG) Chang Everett Tres Hermanos Conservation Authority Herrera Tye Wildlife Corridor Conservation Authority (WCCA) Tanaka Chang Wildlife Corridor Conservation Authority Advisory Davis Rogers STANDING COMMITTEES Economic Development Chang Everett Neighborhood Improvement Tanaka Tye Public Safety Committee Herrera Tye AD HOC COMMITTEES City Council Goals/City Manager Evaluation Herrera Tye Industry East Development Advisory Committee Herrera Everett Legislative Chang Everett Lighting/Landscape Assess Dist subcommittee Tanaka Everett Sphere of Influence/Annexation Herrera Everett DECEMBER 15, 2009 PAGE 11 CITY COUNCIL LIAISON Chamber of Commerce Everett Tanaka Diamond Bar Community Foundation Chang Tanaka Library Everett Tanaka P US D/City Tanaka Everett Senior Citizen Tanaka Herrera WVUSD/City Tye Chang 9. COUNCIL SUBCOMMITTEE REPORTSICOUNCIL MEMBER COMMENTS: C/Everett congratulated the participants and winners of "Through My Lens". On Monday, December 14 individuals can sign up via e - subscriptions to get weekly news updates online and forward questions and concerns to public information. With respect to Consent Calendar Item 6.5 he is very frustrated because he is troubled by a perception of conflict of interest. National Parks Service is supported by Congressman Miller, State Senator Huff and Assemblyman Hagman and the City of D.B. He has trouble with the format of the agreement and he has not properly articulated his concerns. He trusts that all enjoyed the Thanksgiving holiday and will enjoy the December holidays. His mother-in-law Marian J. Hillner passed away Friday at 97 and although there is sadness in his home he and his wife appreciate the legacy his mother-in-law has left to her family. He wished everyone a happy, healthy and prosperous new year. C/Tanaka reported on his attendance at the WCCA meeting, the Volunteers on Patrol dinner and the DBHS fundraising dinner where he and his wife were honored for supporting the DBHS arts. He thanked the Brahma Foundation, parents, students and the City as well as, the DBHS Leo Club. He attended the Candy Cane Craft Fair, the Double Eagle Scout Court of Honor for Troop 777 (Andrew Lee and Mathew Hahn), the Diamond Bar Seniors Holiday Dinner and Dance; and the Diamond Bar Senior Citizens Club Christmas luncheon. He wished everyone a Merry Christmas and Happy New Year and Happy Holidays to everyone during this season. He asked that M/Herrera adjourn the meeting in memory of C/Everett's mother-in-law. C/Chang congratulated C/Tanaka and his wife Wanda for being honored by DBHS. She congratulated all of the D.B. Through My Lens award recipients. Last year she served as a judge and it was difficult to pick from all of the wonderful photos. She congratulated Timothy Huang on being named Leo of the Year. This is the fifth year in a row that the Leo of the Year was a DBHS student. Last week she presented a certificate on behalf of the Diamond Bar City Council to resident Echo Lew for two art exhibitions at his museum in Pomona. She thanked staff for helping her get settled and acclimated into her new position. She wished everyone happy holidays! DECEMBER 15, 2009 PAGE 12 CITY COUNCIL MPT/Tye attended the D.B. Performing Arts Showcase honoring Jack and Wanda Tanaka. He thanked the Diamond Bar Community Foundation for all that they do and their participation in "Through My Lens" and other programs that benefit the City. Anyone who would like to become involved is welcome to do so. He wished everyone a very Merry Christmas and happy holidays and a safe and happy New Year. M/Herrera wished everyone a very safe holiday season and Happy New Year. RECESS: M/Herrera recessed the meeting at 8:00 p.m. to Closed Session. RECONVENED: Following the Closed Session, M/Herrera reconvened the Regular Session where CA/Jenkins announced that Council met in Closed Session; however, there was no reportable action taken. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council meeting at 8:45 p.m. to January 19, 2010 in honor of C/Everett's mother-in-law, Marian J. Hillner. a TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 19th day of January,_„_, 2010. CAROL HERRERA, MAYOR