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HomeMy WebLinkAbout12/01/2015 - Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 1, 2015 CALL TO ORDER: Mayor Tye 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: Board Member, Ed Hilden, with the Walnut Valley Water District led the Pledge of Allegiance. INVOCATION: Pastor Bob Stebe, Northminster Presbyterian Church, provided the invocation. ROLL CALL: Council Members Herrera, Lin, Tanaka, Mayor Pro Tem Lyons and Mayor Tye. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Deputy City Manager; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Amy Haug, Human Resources Manager; Marsha Roa, Public Information Manager; Kimberly Young, Senior Civil Engineer; Anthony Santos, Senior Management Analyst; J.R. Ybarra, Media Specialist, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As presented. POST ELECTION PROCEDURES: 1. ADOPT RESOLUTION NO. 2015-40: RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2015, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. CC/Cribbins reported that on November 3, 2015, the City of Diamond Bar held a General Municipal Election for two City Council vacancies. With the exception of the nomination of candidates, the County of Los Angeles Registrar Recorder County Clerks' Office administered all aspects of the election. On November 23, 2015, Registrar Recorder County Clerk Dean Logan certified the results confirming that Ruth Low and Carol Herrera were duly elected to serve four-year terms. With the adoption of Resolution No. 2015-40 the City Council will ratify the certified results by the County Clerk, completing the election. DECEMBER 1, 2015 PAGE 2 CITY COUNCIL C/Herrera moved, MPT/Lyons seconded to Adopt Resolution No. 2015-40: Reciting the fact of the General Municipal Election held on November 3, 2015, declaring the result and such other matters as provided by law. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lin, Tanaka, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 3. PRESENTATIONS TO OUTGOING COUNCIL MEMBER JACK TANAKA: a) Sam Olivito, Executive Director for the California Contract Cities Association presented C/Tanaka with a Certificate. b) Mayor Tye and City Council Members presented C/Tanaka with a clock and thanked him for his service to the Community. 2. ADMINISTRATION OF OATH OF OFFICE: a) Former Congressman Gary Miller administered the Oath of Office to Carol Herrera. b) Rick Rogers administered the Oath of Office to Ruth Low. CITY COUNCIL REORGANIZATION: 1. SELECTION OF MAYOR: C/Tye nominated and C/Herrera seconded the motion nominating MPT/Lyons to serve as Mayor. With no other nominations offered, MPT/Lyons was declared Mayor by acclamation. 2. SELECTION OF MAYOR PRO TEM: C/Herrera nominated and C/Tye seconded the motion nominating C/Lin to serve as Mayor Pro Tem. With no other nominations offered, C/Lin was declared Mayor Pro Tem by acclamation. 3. Presentations to Outgoing Mayor Steve Tye - M/Lyons and Council presented a ceremonial gavel to outgoing Mayor Tye. M/Lyons also presented C/Tye with a personalized Bobblehead. DECEMBER 1, 2015 PAGE 3 CITY COUNCIL RECESS/RECEPTION: M/Lyons recessed the City Council meeting at 6:50 p.m. RECONVENE: M/Lyons reconvened the City Council meeting at 7:15 p.m. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tile to Lt. Anthony Tachias - (Continued to December 15, 2015). 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano announced that the loss of Haggen's has created an opportunity at the former Von's store for a new grocery store, Smart & Final Extra is anticipating opening late January/early February. CM/DeStefano then announced that the library is doing extraordinarily well. Recently, the City received a report from the County Librarian who indicated that the Diamond Bar Library is second out of all 86 libraries within the system in circulation with 460,000 volumes moving in and out of the library each year. Additionally, the Diamond Bar Library ranks 8th in total monthly patronage with a gate count of over 22,000 visitors per month. 3. PUBLIC COMMENTS: Pui-Ching Ho, Diamond Bar Library, spoke about library programs including a Flashlight -Building workshop on Monday, December 7 at 4:30 p.m. for elementary school age children; Delicious Holiday Art (edible holiday ornaments) workshop on Saturday, December 5 at 10:00 a.m.; Saturday, December 12 at 2:00 p.m. floral artist Ray Tucker will demonstrate how to make holiday centerpieces sponsored by the Diamond Bar Friends of the Library. For additional information and programs check the website at www.colapublib.org. Allen Wilson congratulated C/Low and C/Herrera and said he looked forward to their leadership. He then reported that a couple of weeks ago he walked around Sycamore Canyon Park and encouraged everyone to walk the mesa area, learn about its history and enjoy the views. He asked for more restaurants in Diamond Bar. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano thanked Mr. Wilson for his comments about the parks and trails systems. The City Council has invested significant dollars over the years to improve the trails system which has become a Diamond Bar signature. With respect to restaurants, yes, it is true that the City lost the Ranch House, Coco's, Bob's and Denny's. There are a variety of new people looking at those restaurants and gearing up for opening in those locations. The Sizzler which became East 180 is now ready to open a Japanese fusion -style restaurant. DECEMBER 1, 2015 PAGE 4 CITY COUNCIL 13 Coco's is being remodeled to open as a seafood restaurant. The Ranch House restaurant has been leased to the operator of the market and fresh foods store immediately adjacent who is ready to open the Jasmine (Mediterranean organic) restaurant. All of these operators have spent significant dollars on those properties. Bob's Big Boy closed after 30 plus years of business in Diamond Bar. The restaurant operator chose not to exercise the final five years of his lease - option. As was done with the impending departure of Haggen, the City is reaching out to restaurant operators who may be interested in that building or property. There is also the possibility that the restaurant could be torn down and a new land use created at some point. In the meantime, the City is working with the owner for new tenants to fill that space. In addition, a revamped Kmart site is likely to include a new palate of menu choices for the city. The City also provides a restaurant guide that is available online, at businesses throughout the City as well as, mailed to all property owners every couple of years which contains approximately 100 to 110 restaurants available in the City. SCHEDULE OF FUTURE EVENTS: 5.1 Holiday Diamond Ride — November 27, 2015 through January 1, 2016 — Free Shuttle Service to and from Diamond. Bar Shopping Centers for individuals 18 years and older. 5.2 Candy Cane Craft Fair — December 5, 2015 — 9:00 a.m. to 2:00 p.m., Diamond Bar Center, 1600 Grand Avenue. 5.3 Planning Commission Meeting — December 8, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 Traffic and Transportation Commission Meeting — December 10, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 City Council Meeting — December 15, 2015 — 6:30 p.m., AQMD Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Tye moved, C/Herrera seconded, to approve the Consent Calendar with the exception of Item 6.4 pulled by MPT/Lin. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of November 17, 2015 —As amended. 6.2 RATIFIED CHECK REGISTER — Dated November 12, 2015 through November 25, 2015 totaling $1,768,441.91. DECEMBER 1, 2015 PAGE 5 CITY COUNCIL 6.3 APPROVED TREASURER'S STATEMENT — for the month of October 2015. 6.5 APPROVED NOTICE OF COMPLETION FOR THE AREA 3 (BOUNDED BY PATHFINDER ROAD/CITY LIMIT TO THE WEST, DIAMOND BAR BOULEVARD TO THE EAST AND CITY LIMIT TO THE SOUTH) RESIDENTIAL AND COLLECTOR ROAD REHABILITATION PROJECT. ITEMS REMOVED FROM CONSENT CALENDAR: 6.4 ADOPT RESOLUTION NO. 2015-41: AUTHORIZING THE PARTICIPATION IN THE U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE TO PURCHASE PARK, LLAD'S AND ROAD MAINTENANCE SUPPLIES FROM HD SUPPLY — WHITE CAP DURING FY 2015-16. C/Lin recalled that two months ago the City Council approved the same ordinance with the same entities for supplies, etc. and asked why both items were not lumped together as one resolution so that this action does not have to be taken whenever a purchase comes up for consideration. CM/DeStefano responded that this was done a couple of Council Meetings ago and that the Finance Department is looking at the possibility of lumping additional vendors within the same format. C/Lin asked if the Council would need to take this action whenever a purchase order exceeds $2500. CM/DeStefano responded "not necessarily." There are rules in place for the purchase of goods and services and this seemed to make the most sense for this particular vendor to keep the process moving forward for the remainder of this fiscal year. MPT/Lin moved, C/Tye seconded, to Adopt Resolution No. 2015-41: Authorizing Participation in the U.S. Communities Government Purchasing Alliance to Purchase Park, LLAD's and Road Maintenance Supplies from HD Supply — White Cap during FY 2015-16. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None DECEMBER 1, 2015 PAGE 6 CITY COUNCIL 7. PUBLIC HEARINGS: 7.1 ADOPT ORDINANCE NO. 05(2015): EXTENDING ORDINANCE NO. 02 (2015) PROHIBITING THE ISSUANCE OF LAND USE PERMITS, BUSINESS LICENSES FOR ESTABLISHMENTS, AND EXPANSION OR RELOCATION OF MASSAGE ESTABLISHMENTS CITYWIDE IN ACCORDANCE WITH THE PROVISIONS OF GOVERNMENT CODE SECTION 65858. CM/DeStefano stated that adoption of this ordinance extends Ordinance No. 02 (2015) prohibiting the issuance of land use permits, business licenses for establishments, and expansion or relocation of massage establishments citywide in accordance with the provisions of Government Code Section 65858. CDD/Gubman presented staffs report stating that at the beginning of this year, Assembly Bill 1147 went into effect, which among other things restored significant local authority in the regulation of massage businesses. The City Council concurrently adopted an interim ordinance placing a moratorium on the establishment, expansion or relocation of massage businesses in order to allow staff time to develop new regulations consistent with AB 1147. The moratorium is set to expire on January 4, 2016. Staff is well underway in drafting new standards for the operation of massage establishments in the City but requires additional time to complete the new ordinance and schedule public hearings for consideration by the Planning Commission and City Council. Government Code Section 65858 authorizes the City Council to extend the Urgency Ordinance for one additional year at a noticed public hearing. If adopted, the moratorium will be set to expire on January 4, 2017 or upon adoption of the new ordinance, whichever occurs first. At this time, staff recommends that the City Council extend the moratorium as permitted by law. M/Lyons opened the Public Hearing. With no one present who wished to speak on this matter, M/Lyons closed the Public Hearing. C/Tye moved, C/Herrera seconded, to Adopt Ordinance No. 05 (2015): extending Ordinance No. 02 (2015) prohibiting the issuance of Land Use Permits, Business Licenses for Establishments, and Expansion or Relocation of Massage Establishments Citywide, in accordance with the provisions of Government Code Section 65858. Motion carried by, the following Roll Call vote: DECEMBER 1, 2015 PAGE 7 CITY COUNCIL AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None COUNCIL CONSIDERATION: 8.1 APPOINTMENT TO THE TRAFFIC AND TRANSPORTATION COMMISSION TO FILL THE UNEXPIRED TERM OF TED CARRERA. MPT/Lin recommended appointment of Professor Shokoufeh Mirzaei to the Traffic and Transportation Commission to fill the unexpired term of Ted Carrera. MPT/Lin moved, C/Low seconded, to ratify the appointment of Shokoufeh Mirzaei to the Traffic and Transportation Commission to fill the unexpired term of Ted Carrera. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MPT/Lin introduced Shokoufeh Mirzaei who acknowledged her appointment and spoke about her background and intention to contribute to the community. RECESS: M/Lyons recessed the City Council meeting to the annual Public Financing Authority meeting at 7:38 p.m. RECONVENE: M/Lyons reconvened the City Council meeting at 7:43 p.m. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera congratulated C/Low on her election and said it will be a pleasure serving with her. She thanked outgoing C/Tanaka who worked tirelessly with the youth of the community. He will be missed by residents and youth. She thanked former Congressman Gary Miller for attending tonight's meeting and swearing her in which he did 20 years ago when she was on the good side of a tie vote. She thanked supporters who supported her once again and re-elected her to another four-year term. She is very grateful for their confidence and she pledged to do a good job in working for the city. She attended a Legislative Power Luncheon during which former Mayor Tye spoke. Also in attendance were Mayor Bob Pacheco from the City of Walnut, Senator Bob Huff, Congressman Ed Royce who spoke and Supervisor Don Knabe. The luncheon was a great event sponsored by the Chamber of Commerce with many in attendance. DECEMBER 1, 2015 PAGE 8 CITY COUNCIL C/Low thanked her colleagues for the warm welcome extended to her which she truly appreciates. She congratulated C/Herrera on her re-election and said she is very excited to serve on the City Council and very grateful for the support of the community. There is a lot to learn and she is up for the challenge. She thanked her colleagues and staff for their patience and assistance. Special note of thanks to CM/DeStefano and his staff for their assistance. Staff are cheerful, welcoming and professional. She is deeply honored to be serving on the City Council and thanked everyone for their faith, confidence and support. She said she really believed Diamond Bar's greatest asset is its citizens, an example of which is the newly appointed Traffic and Transportation Commissioner and all who she has served with in her time as a commissioner who are very talented, dedicated and devoted people serving their community which makes it great. She commended Bob Nishimura and Bob Velker for their investment and participation in the City of Diamond Bar. She concluded by stating that it is her honor to serve the residents of Diamond Bar and that she has deep respect for the City Council which deserves everyone's best effort. C/Tye congratulated C/Herrera on an unprecedented sixth term. C/Herrera has made significant difference in the community and in the region. He congratulated C/Low and knows that this will be a very, very good working Council. He thanked everyone in Diamond Bar for choosing well. He thanked Shokoufeh Mirzaei for being willing to take the time to apply and go through the process of selection to the Traffic and Transportation Commission. The City looks forward to her input on traffic issues. Relative to restaurants in town, Diamond Bar has little if anything it can do if residents do not support them. There have been a lot of restaurants that have come and gone. Diamond Bar has great restaurants and it is really important that if residents want to have more restaurants that the current restaurants succeed and hoped everyone would take the opportunity to patronize them. He thanked the students in the audience who at the break needed their agenda signed and promised they would stay for the remainder of the meeting. He acknowledged their presence and appreciated that they stayed for the remainder of the meeting. MPT/Lin congratulated C/Herrera who brings a wealth of knowledge, history and experience to the city and who is an indispensable member of the City Council. He is glad she decided to run again and was re-elected. He and C/Low served on the Planning Commission together and he had the honor of sifting next to her until he became a City Council Member and is happy to be sitting next to her on the City Council. He is sure they will make a good team. When the City Council decided to move forward with the beautification project over two weekends everyone was glad it was done. The areas look very nice and assumed that everyone appreciated the nice landscaping. He thanked his colleagues for selecting him to serve as the Mayor Pro Tem. He became a City Council Member by getting three votes and tonight he got four votes, which surely means he is improving and will try his very best to serve the City along with his four colleagues. DECEMBER 1, 2015 PAGE 9 CITY COUNCIL M/Lyons congratulated C/Herrera on her re-election to the City Council and thanked C/Herrera for the help and guidance provided to her and others. She congratulated and welcomed C/Low. The City Council is so excited to have her join the team. Happy Hanukah to her friends. She is looking forward to working with the City Council and staff to make 2016 another super year for Diamond Bar. ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the City Council Meeting at 7:51 p.m., in memory of Dr. Ahmad Sakr, Islamic Education Center; and, in honor of retiring Council Member Jack Tanaka. 114�. dzL Tommye ribbins, City Clerk The foregoing minutes are hereby approved thisi5th day of December , 2015. 4Nacy"ALy� , Mayor