HomeMy WebLinkAbout03/01/16 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
MARCH 1, 2016
STUDY SESSION: M/Tye called the Study Session to order at
6:00 p.m. in Room CC -8, South Coast Air Quality Management District Center,
21,865 Copley Drive, Diamond Bar, CA 91765.
Present: Council Members Carol Herrera, Ruth Low,
Steve Tye, Mayor Pro Tem Jimmy Lin, and Mayor Nancy Lyons.
Staff Present: James DeStefano, City Manager; David
DeBerry, City Attorney; Ryan McLean, Deputy City Manager; Bob Rose,
Community Services Director; David Liu, Public Works Director; Greg Gubman,
Community Development Director; Dianna Honeywell, Finance Director; Ken
Desforges, IS Director; Amy Haug, Human Resources Manager; Kimberly
Young, Senior Civil Engineer; Anthony Santos, Senior Management Analyst;
Marsha Roa, Public Information Manager; and, Tommye Cribbins, City Clerk.
10. FY 2016-17 CITY COUNCIL GOALS AND OBJECTIVES — Discussion
and Action
DCM/McLean stated that the Goals and Objectives identify a strategic
plan for the upcoming year so as the goals are prepared and adopted,
budget and planning decisions can move forward. The goals are followed
by objectives which are intended to be measureable.
1. Develop and implement responsible fiscal policy that ensures
long term financial sustainability.
1.1 Secure additional long term General Fund revenues by enhancing
and diversifying the City's sales tax base. Much of the City's sales
tax is generated through gas stations and with the changes in the
market means the City's revenues based off of gas prices are low
and the goal is to try to diversify by bringing in other
national/regional tenants that have a broader sales tax base to
bolster the City's long-term financial sustainability.
1.2 Develop and consider options to increase the City's Transient
Occupancy Tax (TOT or Hotel Room Tax) rate. Staff would like
to research options for increasing the TOT in the future to diversify
revenue sources. TOT generally ranges from 10% to 16%. The
current rate is 10% which is on the lower end of the scale for
Southern California.
MPT/Lin asked what the current rate was.
DCM/DeStefano reiterated that the current rate is 10% and
according to the mid -year adjusted budget process it is likely that
the TOT will generate about $950,000 this fiscal year.
MARCH 1, 2016 PAGE 2 CC STUDY SESSION
DCM/DeStefano said he did not believe the rate had been
changed since incorporation and with opportunities for new hotels
coming to the City it may be time to reconsider a rate adjustment.
For Diamond Bar the issue is that this is a revenue source that
while it is a tax and requires a vote of the people, it is one that is
not paid for by the residents and the City is substantially behind
what other cities are doing. It is a fairly easy source of revenue. If
the rate were changed from 10% to say 14% it would generate
$350,000 or more. Whether or not more hotels come into the City
it should be considered.
M/Lyons asked if the goal was to implement these things by the
end of the next fiscal year.
DCM/McLean said that some of the items are long-term projects,
particularly in the transportation infrastructure area (SR57/60;
Lemon Avenue). On this particular item, staff would like to get it
completed by the end of this fiscal year.
M/Lyons suggested the objectives contain a timeframe for
completion.
C/Low asked if there was a way to capture Internet commerce
sales tax.
MPT/Lin said "not yet."
CA/DeBerry said that at this time the warehouse location/point of
sale is the point at which sales tax revenue is captured.
1.3 Prepare a long-term fiscal sustainability report with strategies
to meet future community needs and associated maintenance,
renovation and improvement costs. This has been a goal of the
City Council in past years which has been combined so that staff
can look at doing a fiscal sustainability report to bring back to the
City Council with some long-term planning, forecasting, etc. and
use it as a tool for the future.
1.4 Conduct a Citywide User Fee Study to determine full -cost
recovery levels of all City services. Staff is preparing an RFP to
hire a consulting firm to look into the City's fees across the board
which is something that has not been done in about seven (7)
years in most cases.
1.5 Identify subsidized programs and consider policy options to
eliminate or reduce subsidies. As part of this process staff
wants to find out where the City is subsidizing programs with
MARCH 1, 2016 PAGE 3 CC STUDY SESSION
General Fund/Special Revenue dollars to allow for good policy
decisions going forward for fiscal sustainability.
1.6 Prepare a use analysis for the Diamond Bar Center to
determine historical trends and identify revenue -generating
opportunities, including actively marketing the facility to the
business community for weekday conference use.
In this instance, staff is looking to determine historical trends,
identify revenue generating opportunities and actively market the
facility to the business community for weekday use where
appropriate. The Diamond Bar Center has existed for more than a
decade and staff would like to look back on this period of time to
gain information for moving forward to appropriately utilize that
asset.
1.7 Return maintenance responsibilities to the five homeowner's
associations in Lighting & Landscape Assessment District
(LLAD) #41.
This is a carryover from the past. An adjustment was completed
for District #39 and this year staff is looking forward to making
adjustments to District #41.
M/Lyons felt this had been discussed.
DCM/McLean said this has been discussed and staff had direction
from the City Council for District #41. It is a matter of carrying that
through with the necessary steps to get it approved.
2. Pursue transportation infrastructure improvements that mitigate
traffic congestion in Diamond Bar.
DCM/McLean stated that these items refer to the long-term
transportation projects, particularly with respect to the SR57/60 and
Lemon Avenue which remain ongoing. Construction on both of these
projects will begin this year. Work on these projects is more than a
decade in the making for which Diamond Bar has spent a lot of time
and money that is now moving to actual construction phases.
MPT/Lin asked if the westbound off ramp had been designed (Phase
II).
PWD/Liu responded that it had been and that Phase II is fully funded.
Construction of the onramp is scheduled to begin March 16 and Phase
11 construction will begin six months later (September 2016).
MARCH 1, 2016 PAGE 4 CC STUDY SESSION
M/Lyons referred to 2.5.1 (implement the adaptive traffic control
system) asked if it was a series of traffic signals or a software system.
PWD/Liu responded that it is a software system that will tie all, of the
major signals along the freeway arterials.
M/Lyons asked if this item should be further quantified.
PWD/Liu said this includes the three major arterials that were identified
in the application.
CM/DeStefano asked if 2.5.1 could be reworded as follows:
"Implement the adaptive traffic control system on Diamond Bar
Boulevard, Golden Springs and Pathfinder Road".
DCM/McLean said staff would note the inclusion of the three arterials.
3. Implement a long-term economic development policy strategy
that attracts and retains quality small businesses and
national/regional credit tenants.
DCM/McLean stated that many of the sub items will be familiar
including pursuing a well-qualified developer and begin construction on
a hotel project for which two sites have been identified — the former
Honda property and the Brea Canyon Road trailer/storage site.
CM/DeStefano is working with a couple of developers to get the hotel
built. Staff is working with the Kmart property owner to include new
retail and restaurant options at that site.
3.3 Launch the Dining Diamond Bar media campaign to promote
local restaurant options is being pursued through the Public
Information Division and will be a component of the Mayor's State
of the City this year which promotes local shopping and
restaurants.
C/Herrera asked when the State of the City is being held.
CM/DeStefano responded that it will take place on March 30.
MPT/Lin asked how much sales tax the City lost when Kmart closed.
CM/DeStefano responded "hardly anything." Toward the end it was
probably $80,000 a year. When gas prices were higher the City had
gas stations that out -performed Kmart in sales tax production.
MARCH 1. 2016 PAGE 5 CC STUDY SESSION
3.4 Continue the Mayor's monthly meetings with local business
leaders. This is a program the Mayor started this year which will
continue so that the City can interface with local businesses to
learn more about them.
4. Maintain a safe, sustainable and healthy community.
DCM/McLean referred to 4.1 Complete a comprehensive update to the
City's General Plan. This is a multi-year project. The sub objectives
under 4.1 are items staff is looking to complete this year. All three of
these items should be well underway this coming fiscal year.
C/Low asked about the timeframe for completing the General Plan
update from getting a consultant to a final product.
DCM/McLean said it would likely take a couple of years.
CM/DeStefano said it would more likely be two to three years and that
much of the timeframe would depend on the public engagement
process and how much the public is interested in participating which
would determine the number of meetings, etc.
4.2Encourage participation in Neighborhood/Business Watch
groups and enhance communication to groups already in place.
Staff will be rolling out a plan for the public safety subcommittee
of the City Council working on a marketing and outreach
campaign in an effort to increase participation in the
Neighborhood Watch Program. The goal is to increase
participation in the next year.
Staff plans to continue the emergency response preparedness (Item
4.3). There is a calendar for staff training and staff does regular
exercises. In addition, there will be more policy development and
public education this year. This is something that staff does to maintain
readiness.
4.4 Begin waste hauler franchise review and negotiation process.
Another large item. The City's two waste haulers have contracts that
run through 2018 and the review process can be a long process that
involves bringing in a consultant, identifying needs for the next
contract, making sure that it meets all of the state and federal
mandates related to waste haulers which tend to change overtime.
This process will begin in the next few months.
MARCH 1, 2016
PAGE 6 CC STUDY SESSION
4.5 Update the City's ADA self-evaluation and transit plan.
The City has a few new facilities that need ADA review and that
process will begin shortly.
4.6Establish a "quiet zone" on the Metrolink train line at Lemon
Avenue near Walnut Elementary (carryover from previous goals
and objectives).
M/Lyons asked if this was something the City had control over.
DCM/McLean responded that this was an item in the stadium
settlement agreement for which the City of Industry would provide
funds. It is a very expensive process ($1 million).
'C/Low asked what it is.
DCM/McLean explained that it is a safety procedure that includes
extra arms, signage and the way the crossing is laid out. The
process involves federal agencies so the City would have to work
through those processes and pay for whatever modifications were
necessary at the crossing.
C/Herrera asked if the City could ask ACE to adopt the project as
they did for Walnut.
CM/DeStefano said that City of Industry paid for the project. A local
example can be found at the intersection of Brea Canyon Road and
Valley Boulevard which has been turned into a so-called "quiet
zone" which means that horns will not be used as trains proceed
through that area because the intersection is secure from vehicles
and pedestrians.
M/Lyons asked if the City intended to spend a million dollars on that
project.
CM/DeStefano said that there has been some discussion about the
project but not in any detail.
M/Lyons said that if the City had no intention of paying for the
project it should probably be removed from the goals and
objectives.
C/Tye said he felt it should be a goal because ACE or some other
entity might pick up the tab.
MARCH 1, 2016 PAGE 7 CC STUDY SESSION
MPT/Lin asked if it was still a consideration since there is no
stadium project and therefore the City is not obligated to do it.
CM/DeStefano explained that the "quiet zone" was under
consideration prior to the development of the settlement agreement
for the stadium. Because the railroad was going to be used for
bringing customers into the stadium Diamond Bar got the City of
Industry, through the settlement agreement, to pay the cost to build
it with the stadium construction. So, it is not an "obligation" it is just
a need to eliminate the train honking noise in that part of the City.
Staff would look to any and all entities for resources to help
contribute to it. It is not something the City has to do, it seemed to
be a good project for the community.
MPT/Lin said it is good to have it as a goal but he would look to
some other entity to finance it.
C/Herrera agreed that she would not want Diamond Bar to pay a
million dollars to do the project.
DCM/McLean offered to edit the language to state: "Establish a
quiet zone and seek outside funding to complete the project."
Council concurred.
DCM/McLean said that in the interest of time he would hit the main
points of the next items.
5. Provide an open, efficient and responsive local government.
5.1 Includes "launch a redesigned City website" so staff has been
looking at modifying the existing site which was developed about 13
years ago. Obviously, during that time technology changes and
web design improvements have been made and staff would like to
go out to see what the most up-to-date is and come back with a
fully redesigned website that includes all of the latest technologies
to provide a good E Government plan. When a website is
redesigned a lot of the electronic pieces will feed back into it
including apps, resident reporting systems, etc.
C/Tye said the website needed to be user-friendly and cited his
efforts to retrieve tonight's agenda.
DCM/McLean said that staff has done a lot of work on records
management and a new website would allow for a front -facing
access to all agendas (search by year and date).
M/Lyons asked for a break to move to the regular meeting.
MARCH 1. 2016 PAGE 8 CC STUDY SESSION
CM/DeStefano asked if anyone had items that might have budget
implications they wished to add to the list.
C/Herrera said it is such a huge list she does not want to add to it.
C/Tye said that one thing the Council approved was getting a
consultant for a fine -dining restaurant and asked if it could be added.
M/Lyons said there was a resolution to get more information.
CM/DeStefano said this has been a topic of "closed session
discussions" and discussions with the City Manager and if the Council
would like to raise it to the level of a Goal it can be done but this is not
where the discussion has been.
M/Lyons asked whether the Council wanted to reconvene following the
regular meeting or have another study session at the next meeting to
discuss Goals and Objectives.
C/Tye said he would like to continue it to the next meeting on March
22.
DCM/DeStefano asked if there were any items Council Members
wished to add for discussion at the next meeting.
C/Low said she would like a Diamond Bar app included.
Public Comments: None.
ADJOURNMENT: With no further business to come before the City
Council, M/Lyons adjourned the Study Session at 6:30 p.m.
TOMM E CRIBBINS, City Clerk
The foregoing minutes are hereby approved this 22nd day of March
2016.
n
NANCY ONS, Ma r
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MARCH 1, 2016
STUDY SESSION:
6:00 p.m., Room CC -8
FY 2016-17 City Council Goals and Objectives — Discussion and Action.
CALL TO ORDER: Mayor Lyons called the Regular City Council meeting
to order at 6:35 p.m. in the South Coast Air Quality Management District/Government
Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Mayor Lyons led the Pledge of Allegiance.
INVOCATION: Pastor Tim Park, Evangelical. Free Church provided
the invocation.
ROLL CALL: Council Members Herrera, Low, Tye, Mayor Pro Tem
Lin and Mayor Lyons.
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; Cecilia Arellano, Public
Information Coordinator; and, Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 M/Lyons and City Council Members presented a Certificate of Recognition
to "Report for Reward" recipient Charles Fisher. (Continued from
February 16, 2016).
1.2 M/Lyons and City Council Members presented City Tiles to outgoing
Planning Commissioner Bob Nishimura and Parks and Recreation
Commissioner Ted Owens. Mr. Nishimura was unable to attend.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Captain Scroggins introduced Lt. Phillip Marquez, the newest member of
the Diamond Bar Sheriff's Team who spoke briefly about his new
appointment and that he looked forward to working with the City.
MARCH 1. 2016 PAGE 2 CITY COUNCIL
3. PUBLIC COMMENTS:
Pui-Ching Ho, Diamond Bar Library, announced upcoming library events
including a Personal Safety Workshop for Teens ages 13 to 17 on Saturday,
March 5 at 2:00 p.m.; a College Prep SAT/ACT on Saturday, March 12 at 2:00
p.m.; and, a free presentation on Diabetes on March 23 at 6:30 p.m. For
additional information and programs check the website at www.colapublib.orn .
Chia Teng spoke about protected trees on the Millennium project site. As
previously stated, in 2008 without the completion of any of the mitigation plan the
developer cut more than 900 trees which is a clear violation of the EIR, City
Resolution and violation of the City Ordinance. He has been unable to find any
documents to verify CM/DeStefano's statement that Millennium completed a
mitigation plan prior to removal of the trees nor could he locate a clear and grub
permit and the practice of clear and grubbing is not supposed to supersede any
of these items. He claimed that Millennium violated the environmental
requirement to remove the trees and has so inappropriately and illegally and has
damaged his neighborhood environment and land. He requested that the City
Council protect the residents and their land and immediately scrap this
development plan, impose a fine or penalty for their violations and to request this
developer to restore the damaged land and trees.
Theresa Lee said that as a member of the Board of Directors of The Country
Estates, she became aware that the Millennium Development is planning to
construct certain retaining walls and underground storm drain pipes that will
encroach upon the properties located on Kicking Horse Drive over lots #4
through 10. This property is located within The Diamond Bar Country Estate
Association and subject to The Country's CC&R's which is very specific that any
construction on property owned by The Country Estates needs to obey the
declaration of the CC&R's. The CC&R's specifically prohibit construction of any
property located within the development without obtaining the Association's prior
approval according to Article 3, Sec 21 and Article 14 Sec 1. In view of recorded
Tract Map No. 53430 it is going to be encroaching on the Kicking Horse Drive
property and it indicated that although certain offers of Dedication of Easement
Rights over the property were reserved in favor of the County of Los Angeles the
following offer of dedications were expressly rejected on March 25, 1982. The
dedications that were rejected are as follows: "That the private and future storm
drain easement and private and future street shown on said map and therein
offered for Dedication B and the same are hereby rejected and that the private
and future storm drain ingress and egress easement and the future street shown
on said map and therein and offered for dedication being the same, are hereby
rejected; that the offer of dedication for abandonment of the rights of ingress and
egress over those certain strips of land as future street within lots #4 to #10 be
the same, are hereby rejected." So basically, the dedication for street
easements, storm drain on Tract Map No. 32482 of which Millennium intends to
use show there is no easement. Therefore, please ensure the City does not
authorize Millennium's construction of improvement on the Kicking Horse Drive
MARCH 1. 2016 PAGE 3 CITY COUNCIL
properties without obtaining approval of the property owners and the association.
Cynthia Smith read from a prepared statement submitted to the City Council on
what she termed the dangers of Piecemealing in Urban Planning and Preserving
Natural Landscapes. She stated that her recent experience with the Diamond
Bar Planning Department brought to light a great concern about an important
topic, a regular practice of piecemealing projects. It was explained to her by an
assistant planner that it is a regular practice to focus only on the specific remodel
project on the property and not to take into account landscape and vegetation
located to the rear of the parcel over an incline or natural cliff and not send field
inspectors to evaluate environmental impacts on "half -acre or less" residential
properties. However, the plan report bore CEQA approval and exempting an
EIR.
Piecemealing, as applied to urban and environmental land use development, is
when the plan ignores the entire project's property and all aspects of it, including
environmental impacts the project might have to it and the adjacent lands.
Fragmenting a project in this manner is usually done to allow for budgetary
constraints and/or to "fast track" a project for various planning department
reasons.
Piecemeal planning is reactionary planning that often results from development
pressures that are translated into development needs by creating a multiplicity of
micro layout plans to cater for development initiatives like housing. While such
an approach to development planning is incremental, it is characterized by
sprawling urban environments, uncoordinated developments, disorderliness and
lack of harmony among adjacent land uses. With its main focus being on
addressing immediate urban development's demands, piecemeal planning is a
threat to sustainable urban settlements and to preserving the natural landscapes
they may overlay.
Ms. Smith further stated that she had contact Shirley Imsand, Sr. Biologist, for
Los Angeles Regional Planning, who had responded to her question as to how
and why Diamond Bar planning might apply CEQA approval with no due
diligence in the EIR process on a property overlaying oak woodland. Ms. Imsand
replied that "For California, the CEQA policy guidelines are opposed to
piecemealing. An applicant or jurisdiction could be sued for doing this and would
probably lose in the court decision. For example, PRC Section 15003, Policy (h).
"The lead agency must consider the whole of an action, not simply its constituent
parts, when determining whether it will have a significant environmental effect".
(Citizens Assoc. For Sensible Development of Bishop Area v. County of Inyo
(1985) 172 Cal.App.3d 151) Exhibit 3.
"Any parcel overlaying an oak woodland eco -region should never be
piecemealed in the plan report, allowing CEQA stamping, without proper due
diligence in conducting all pertinent EIR studies, including bat activity, bird nest
and migratory bird reports".
MARCH 1, 2016 PAGE 4 CITY COUNCIL
Ms. Smith stated that it is her observation that Diamond Bar Planning has
demonstrated piecemealing in the plan report (related to our case), rubber
stamping CEQA, ignoring the entire property, including the environmental
impacts connected to the full plan of development. Given a frank admission of
piecemealing by a DB planner, citing "this is what we do" (we meaning the
planning department) — we are greatly concerned about our community and the
negative consequences already incurred by such a policy. Therefore, we ask
Diamond Bar City Council to explore this serious matter.
Fernando Lorenzo said he was born and raised in Diamond Bar. He runs a small
3D printing company and is currently working on a project with NASA to develop
rovers for a Mars Mission. He proposed an amendment for police officers to
wear body cameras at all times in the City when they are working to keep track of
evidence at the scene. He said that although technology still has its flaws he
believes that law enforcement officers should be able to wear cameras on their
uniforms because there are so many benefits to using them. We should emulate
departments that have adopted body worn cameras such as the Los Angeles
Police Department.
Tharina Lin, 2708 Rocky Trail said that the original owners of Millennium, Stanley
and Grace Chung had financial difficulties for many years and then sold 50
percent of the development and shares to Joaquin Enterprises and the working
capital is 100 percent by a company based in China. Kurt Nelson is working for
Joaquin Enterprises and has bragged that his employer is very rich and wealthy.
Millennium has bridged the Annexation Agreement with The Diamond Bar
Country Estates Homeowner's Association first and filed a lawsuit against
DBCHA secondly and lately Millennium has sent out threatening and insulting
mail to the homeowners, one of which she read.
Dave Reynolds spoke about turf removal rebates which he spoke about a year
ago at which time a mandate came down from the State where water needed to
stop wherever there was grass in median strips. After he addressed the Council
he spoke with CSD/Rose and was able to get the application just under the
deadline. Since that time the results of the planting are evident. DM/DeStefano
said that the City was limited to the funds it had and would keep the project to
those funds and not extend any monies beyond the rebate grant money. As the
plants are now established it is rather a hodgepodge design and he was hoping
that within the limit of the plants that would be counted out and looking through
the median strips to do more of a standard design. Instead, he sees where there
are straight lines down the center of the median and others where it is random
and others where it is staggered, the look he likes. Then half of the strips are
completely bare of any plants where mulch has been placed. He is glad that this
was a win-win for the City but was hoping that going forward that sooner rather
than later as CM/DeStefano said it would be monitored and would come back to
the Council as to what needed to be addressed in the budget to finish the job.
Median strips in this City make up an important category of curb appeal and the
way it is looking now it is rather chaotic. He hoped Council would set aside funds
MARCH 1, 2016 PAGE 5 CITY COUNCIL
to work around what is in place to make it well-planned. Additionally, grass and
weeds are starting to come up through the mulch and he was speaking with
PMS/Jordan about this issue when he was told that the City's landscape
company is watching this unfold and spraying as needed. He hoped the contract
was revised to keep the cost the same and to offset the cost of mowing with
spraying and other measures. He has always appreciated how this City is so
well run financially and the fiscal responsibility exhibited by all former and current
Council Members. It always blows him away that a bedroom community with a
small tax base has a City that looks as nice as it does and is so well maintained.
He understands that this is not the end product and hoped there could be two
phases in the near term to try to make it look better planned out.
Kurt Nelson speaking on behalf of Millennium Diamond Road and Wah Ching,
said that CM/DeStefano has responded to allegations about tree removal and
grubbing many times over. He will give the speaker the benefit of the doubt and
assume that he is genuinely concerned about replacement of all of the trees and
other vegetation that will be removed when the Millennium project is graded. The
Conditions of Approval, the bonds, Letters of Credit and the Development
Agreement will require that they be replaced, in many cases, at multiple ratios of
2:1 or 3:1 as stipulated. Theresa Lee speaking on behalf of the Board pulled out
references to old maps, as most know, when maps are recorded offers
dedications routinely made and generally always rejected, has nothing to do with
slope easements and other easements and as she knows, all of the easements
including pipes, retaining walls and all of the infrastructure that goes into the
Millennium Tract has been vetted again and again and again by staff and the
City's consultants. Architectural review citations and development CC&R's are
not meant to apply to such improvements and do not trump easements in favor of
the utilities. Wah Ching is a separate entity from other entities cited. The lady he
works for has a great deal of money which he brought up only because of the
mudslinging. To the last speaker, Mr. and Mrs. Chung could have been
interpreted to have financial difficulties when they dug into their pockets and
purchased the bankrupt, long -gone Millennium partner's share. Wah Ching
came on the scene years later.
Mr. Nelson referred to a letter that was read. He said that someone took his
letterhead and put the letter on it. By the way, everyone associated with
Millennium speaks fluent Chinese except for him and if anyone believes he was
responsible for writing such a poorly composed and written letter that is fraud and
it points to the intent and veracity of the testimony the Council is hearing.
Michelle Yi, 2865 Woodbridge Court (The Diamond Bar Country Estates) said
she was concerned about Kurt Nelson always having the last word. He issued
his phone number to all of the DBCA members several times over and she bets
he never got a single call. If he ever wanted to speak with any of us, this is not
the place. We are talking to them through our lawyers. That's what has to
happen and that's what is happening because they sued us. Last time he
mentioned that he did not sue our members, he sued the organization of DBCA.
MARCH 1, 2016 PAGE 6 CITY COUNCIL
890 homeowners are the DBCA and she does not understand how he sees a
difference between DBCA and 890 members who support membership in their
organization. Kurt Nelson claimed that they had a right to build the road,
retaining wall and underground pipe. She asked staff what would happen if
Millennium placed a pipe under the road and the retaining wall had a crack. It is
sitting on our homeowner's property and what if those underground pipes burst?
It would undermine those seven homes and the homes would slide down. Who
would be responsible? Not the county and not the City because this is a private
matter. According to the California Subdivision Map Act, local agencies can
grant extensions up to five years and state government could exercise their right
to extend the map by declaring a moratorium of a maximum of five years so that
totals 10 years. Millennium's Tentative Tract Map was approved on February 21,
2006. Today is March 1 so it is past 10 years so it means that the Tentative
Tract Map for Millennium has expired and now the DBCA asks what government
agency allows a sixty day extension. She quoted Section 66452.24 of the
Subdivision Map Act. This extension is only possible when the Subdivision
(Millennium) put on the application to extend the Map. Because there is no Map
to extend you cannot grant Millennium a sixty day extension. It is clear as day.
She read "prior to the expiration of an approved or a conditionally approved
Tentative Map upon application by the sub divider to extend that Map, the Map
shall automatically be extended for 60 days or until the application or the
extension is approved. Again, this 60 days could only be extended when sub
divider put up an extension to that Map. The extension could not be granted so
therefore we could come to only one conclusion which is that the Map has
expired.
4. RESPONSE TO PUBLIC COMMENTS:
CM/DeStefano said the first speaker spoke to the issue of Oak trees, Walnut
trees, Coastal Sage Scrub, etc. and was concerned about the grubbing that took
place back in 2008. The gentleman and another member of the public spoke to
that matter August/September of 2015. At that time, staff put together a
memorandum that answered all of the questions and outlined all of the issues
which was provided to the City Council in October 2015. The Country Estates
membership including one or more of the speakers tonight are very well aware of
the memorandum that outlined all of the issues that tonight's first speaker
discussed because The Country Estates Board of Directors have a copy of the
October 6, 2015 memorandum. That matter continues to arise and staff has
continued to answer questions since October 2015.
The second speaker referred to concerns regarding the project and raised
comments regarding the project's compliance with the private CC&R's that are
within The Country Estates Homeowners Association and the member who
spoke happens to also be a member of that Board. That is a private party matter
which the City has said for many years regarding any project within a private
homeowner association, gate -guarded or not. Those issues are private party
matters. If the speaker as a Board Member has a concern regarding the
MARCH 1, 2016 PAGE 7 CITY COUNCIL
appropriateness of the developer's activity and/or the possibility of that activity
being on property that is governed by the private homeowner's association
board, they need to discuss these matters and sort the issues out to assure that
the proper steps have been undertaken. It is a private party matter. City
governments do not enforce private CC&R's. City governments were not a party
to the creation of private CC&R's and whether they are for residential or
commercial properties, cities do not enforce private CC&R's.
The third speaker spoke to a project while not identified by name is the same
project she spoke about at the last City Council meeting. There is a project
before the Planning Commission that requires public discourse and Planning
Commission decision-making. The speaker has concerns about components of
the project before the Planning Commission and the project has not yet reached
a decision level. It is pending before the Planning Commission. So, the
appropriate forum for the discussion and communication is at the Planning
Commission when the matter comes before the Planning Commission again for
Planning Commission decision making. There is no benefit at this point for
discussing the matter with the City Council since the project is before the
Planning Commission. The City Council should not engage in any discussion
regarding that project because it may come to the City Council as a result of an
appeal by a concerned party.
The fourth speaker referred to body cameras on police and sheriff's personnel.
Coincidentally he was with city manager colleagues last Thursday and received a
detailed presentation by Sheriff Jim McDonald regarding the Sheriff's
Department's testing and evaluation of body camera systems throughout the
department. This is part of a very extensive effort currently underway by the
Sheriff's Department for which there is no answer at this time and no decisions
forthcoming.
A couple of further comments regarding the Millennium Project. Again, that is a
Tract Map that was approved by the City Council in February 2006. As the last
speaker indicated there are provisions within the State Subdivision Map Act that
gives life to a decision such as that of 2006. That life for this project is 10 years.
As the speaker mentioned and cited to some extent, there are provisions in the
Map Act that allow for an Extension of Time to be granted and also for that
request to automatically add at least 60 additional days of life. That is what the
developer has done implementing their right to do so as outlined by the State's
Subdivision Map Act. At some point the developer will come before the City
Council which is likely to be in April or later. That project has a way to go and at
its current pace is headed for the City Council. As previously mentioned, a more
appropriate venue for communication on that project's decision making will be
when it is officially on the agenda before the City Council.
MARCH 1, 2016 PAGE 8 CITY COUNCIL
CM/DeStefano responded to Dave Reynolds that as a result of Governor Brown's
declaration of significant water reduction policies and the drought, MWD put forth
a major program wherein private property owners and public entities could,
through an application process, secure resources to change out water -thirsty
landscaping for drought tolerant and related landscaping. Mr. Reynolds happens
to be associated with a major homeowners association and he and his
association afforded themselves of that opportunity and did a great job in the
process. The City Council, through instruction to staff did the same thing and
staff applied for a $550,000 grant to basically remove all of the turf on the three
miles of Diamond Bar Boulevard and replace it with drought -tolerant landscaping
and mulching that would be fully covered by the grant. The project was
completed about 60 days ago and although no additional dollars were added to
the program he believes that may happen sometime in the future once it is
determined how the landscaping matures. Initially, the goal was to use the
program to swap out the landscaping without dipping into Diamond Bar funds
which has resulted in about a 50 percent reduction in the City government's
water usage.
MPT/Lin said he was interested in understanding Ms. Yi's quote regarding the 60
day extension.
CM/DeStefano said he could not speak to her quote or what was out of context in
her statement; however, the State Subdivision Map Act allows for the Map to
have a certain amount of life and based on a number of State actions over the
recessionary years, the Map has been given a life of about 10 years. There are
long standing provisions in the State Subdivision Map Act that allow for an
extension of 60 days or more at the very end of the process as long as the
applicant has sought that permission. That was done. The Millennium applicant
did so in January or February and by State law has that additional 60 days or
more in order to have consideration of the project.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting — March 8, 2016 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.2 Traffic and Transportation Commission Meeting — March 10, 2016 — 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.3 City Council Meeting — March 15, 2016 — 6:30 p.m., AQMD Government
Center Auditorium, 21865 Copley Drive (adjourned to March 22, 2016 by
unanimous approval of Agenda Item 8.2).
5.4 Planning Commission Meeting — March 22, 2016 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive. (Canceled)
MARCH 1, 2016 PAGE 9 CITY COUNCIL
5.5 City Council Meeting - March 22, 2016 — 6:30 p.m., AQMD Government
Center Auditorium, 21865 Copley Drive
5.6 Parks and Recreation Commission Meeting — March 24, 2016 — 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.7 State of the City — March 30, 2016 — 6:00 p.m., Diamond Bar Center, 1600
Grand Avenue.
6. CONSENT CALENDAR: MPT/Lin moved, C/Herrera seconded, to approve the
Consent Calendar with MPT/Lin abstaining from approval of Item 6.7 and, MPT
Lin removing Item 6.9 for separate consideration. 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 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS
AND ADOPT THE CONSENT CALENDAR.
6.2 APPROVED CITY COUNCIL MINUTES — Regular Meeting of February
16, 2016 —As presented.
6.3 RATIFIED CHECK REGISTER — Dated February 11, 2016 through
February 24, 2016 totaling $762,553.58.
6.4 APPROVED TREASURER'S REPORT — Month of January 2016.
6.5 APPROVED AGREEMENT WITH EXTERIOR PRODUCTS
CORPORATION FOR SERVICES RELATED TO VERTICAL STREET
POLE BANNERS, IN AN AMOUNT NOT -TO -EXCEED $50,000
ANNUALLY FOR THE TERM OF 3/1/2016 THROUGH 6/30/2019.
6.6 AWARDED DESIGN AND CONSTRUCTION ADMINISTRATION/
INSPECTION SERVICES CONTRACT FOR AREA 4 RESIDENTIAL AND
COLLECTOR STREET REHABILITATION TO ONWARD ENGINEERING,
INC. IN THE AMOUNT OF $119,753 AND AUTHORIZED A
CONTINGENCY AMOUNT OF $12,000 FOR CHANGE ORDERS TO BE
APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION
AMOUNT OF $131,753.
6.7 APPROVED CONTRACT AMENDMENT NO. 5 WITH FEHR & PEERS
FOR THE DEVELOPMENT OF THE ADAPTIVE TRAFFIC CONTROL
SYSTEM REQUEST FOR PROPOSAL (RFP) AND TRAVEL TIME DATA
COLLECTION IN THE AMOUNT OF $26,900; PLUS, A CONTINGENCY
AMOUNT OF $3,000, FOR A TOTAL AUTHORIZATION OF $29,900.
MARCH 1, 2016 PAGE 10 CITY COUNCIL
7
6.8 ADOPTED RESOLUTION NO. 2016-05: AUTHORIZING
PARTICIPATION IN THE MICTA MASTER SERVICES AGREEMENT
(CONTRACT NUMBER 155AN-FBOS2014-037) GOVERNMENT
PURCHASING PROGRAM AND AUTHORIZED THE CITY MANAGER
TO ENTER INTO A SEVEN YEAR AGREEMENT WITH TIME WARNER
CABLE TO PURCHASE INCREASED INTERNET BANDWIDTH FOR A
TOTAL NOT -TO -EXCEED AMOUNT OF $87,360 ($12,480 ANNUALLY).
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.9 ADOPT RESOLUTION NO. 2016-06: AMENDING THE CITY'S
PERSONNEL RULES AND REGULATIONS EFFECTIVE MARCH 2,
2016; AND, REPEALING RESOLUTION NO. 2008-34 IN ITS ENTIRETY.
MPT/Lin said he read the Resolution in its entirety. It was a very well
written document and he wanted to express his appreciation.
MPT/Lin moved, C/Herrera seconded, to Adopt Resolution No. 2016-06:
Amending the City's Personnel Rules and Regulations effective March 2,
2016: and, repealing Resolution No. 2008-34 in its entirety. 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
PUBLIC HEARINGS: None.
COUNCIL CONSIDERATION:
8.1 APPROVE FIRST READING OF ORDINANCE 04 (2016) OF THE CITY
OF DIAMOND BAR AMENDING SECTIONS 2.20.040 AND 2.20.070 OF
CHAPTER 2 OF THE DIAMOND BAR CITY CODE RELATING TO THE
ADMINISTRATION OF A PERSONNEL SYSTEM.
CM/DeStefano introduced HRM/Haug who authored Item 6.9 and agreed
with MPT/Lin about her excellent work. In addition, she is the author of
Item 8.1 and will provide staffs report.
HRM/Haug stated that the item before the City Council is First Reading of
an Ordinance amending Sections 2.20.040 and 2.20.070 of the City's
Municipal Code. Chapter 2.20 entitled Personnel provides guidance
regarding the administration of a personnel system, which positions are in
the competitive service of the City and those that are in the at -will
employment relationship. It, also outlines the process for adopting and
amending Personnel Rules and Regulations, contracting for special
MARCH 1, 2016 PAGE 11 CITY COUNCIL
services and the prohibition of discriminatory practices. The last update to
Chapter 2.20 was on March 1, 2005 and in the preceding 11 years there
have been legal updates and changes to the City's personnel practices.
The proposed changes to the City's Municipal Code will simplify the
current language regarding at -will employment and make the necessary
legal updates concerning anti -discriminatory practices..
Section 2.20.040 currently entitled Competitive Service lists all of the
positions that are outside the competitive service of the City. In other
words, the positions listed in this section are in an at -will relationship with
the City. This means that the City can terminate the employment
relationship without cause or right -of -appeal at any time which is a distinct
difference from those positions in the competitive service. In an effort to
more accurately describe the meaning of this particular section of the
chapter, the title has been changed to read At -Will Employment since that
is the significance of this section. Additionally, the permissible number of
hours that seasonal or intermittent part-time employees can work has
been changed from 1,040 to less than a 1,000 hours per year since that is
the City's current practice.
Section 2.20.070 entitled Discrimination has been completely rewritten in
order to comply with the current legal standards and to properly represent
the protected classifications from illegal discrimination. Additionally, the
definition of who is protected from illegal discrimination has broadened its
coverage to include not only City employees and applicants for City
employment, but also to volunteers, interns, City elected and appointed
officials, members of Commissions, Boards and Task Forces, Contractors,
Consultants and other non -employees doing business with and for the
City.
The proposed changes to Chapter 2.20 of the City's Municipal Code and
attached Ordinance were reviewed by the City Attorney.
C/Low asked if there are employees or others that fall within the "at -will"
employment categories, does this apply to new employees or to existing
employees.
HRM/Haug explained that the status of at -will employment is established
per job classification so it would apply to those incumbents in the identified
job classifications as well as, new employees who would be hired into
those job classifications identified in Section 2.20.040.
C/Herrera moved, to Approve First Reading of Ordinance 04 (2016) of The
City of Diamond Bar amending Sections 2.20.040 and 2.20.070 of Chapter
2 of the Diamond Bar City Code Relating to the Administration of a
Personnel System. Motion carried by the following Roll Call vote:
MARCH 1, 2016 PAGE 12 CITY COUNCIL
AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin,
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8.2 APPROVAL OF ADJOURNING THE MARCH 1, 2016 CITY COUNCIL
MEETING TO MARCH 22, 2016.
M/Lyons explained that several members of the City Council and staff will
be in Washington DC meeting with legislators for a transportation event
where City officials will attempt to secure additional funds for the Big Fix
(SR57/60).
C/Low moved, C/Tye seconded to adjourn the March 1, 2016 City Council
meeting to March 22, 2016. 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
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Herrera welcomed Lt. Phillip Marquez to the Diamond Bar family. Everyone
looks forward to working with him and she knows he will do a great job serving
the residents of Diamond Bar. She thanked outgoing Parks and Recreation
Commissioner Ted Owens for his many years of service as a Commissioner. All
of the City's Commissions play important roles and are great advisors to the City
Council Members on items that come before the Council. Mr. Owens will be
missed. There is a new store coming to Diamond Bar. What used to be Vons
and then became Haggen's is now going to be Smart & Final Extra and their
Grand Opening will be held on March 15. She asked everyone to visit the store
and welcome them to the community.
C/Low welcomed Lt. Marquez and said the City looked forward to working with
him. She hoped he would enjoy the City. Residents are very proud of this City
and all of the work the Sheriffs Team has provided. She thanked Commissioner
Ted Owens for his long service to the Parks and Recreation Commission. On
February 18 the Evergreen Chinese Association continued their celebration of
Chinese Lunar New Year with music, dancing, line -dancing, singing, and a
wonderful lunch. It was an honor for her to be a part of their celebration. She
wished Mr. Chi and his Board a Happy and Prosperous New Year, the Year of
the Monkey. She was happy to join Boy Scout Troop 737 for their Gold and Blue
Banquet. They have been in Diamond Bar close to 50 years and on this
occasion there were about 20 young Cub Scouts that were moving into the Boy
MARCH 1, 2016 PAGE 13 CITY COUNCIL
Scouts. It was a fun event and great to witness the excitement, energy and
innocence of the youth. Thank you to all of the adult leaders and the scout
masters and in particular Mr. Diego Calvera, for their leadership and for teaching
them life -skills, character development, conservation, love and enjoyment and
protection of the environment. She thanked staff for their efforts and was
especially grateful for Item 6.7 this evening which will allow for MTA approval of
the City's traffic signals and traffic. She looks forward to solving a myriad of
problems over the next three years. She thanked PWD/Liu and his staff for all of
their efforts on behalf of the City every day.
C/Tye thanked Fernando Lorenzo for his outstanding presentation and for taking
the time to come to the City Council to share his thoughts. NASA could learn a
lot from him. He congratulated Diamond Ranch High School Boys Varsity
Basketball team for winning their semi-final game by three points last Friday
against Beverly Hills High School. It was a very, very exciting game. The team
now goes on to face Chaminade on Friday evening at APU. Anyone who is
interested can call and request tickets to support the team. It is great that the
City has such great high school sports teams. Today he heard from Sheriff Jim
McDonnell and his vision for the department. It was terrific to hear from Sheriff
McDonnell about his vision for the department and the challenges they face. It is
a unique opportunity that this is the right guy in the right job at the right time.
MPT/Lin said that on Thursday he and M/Lyons attended the Annual Hero's
Prayer Breakfast. He was very touched to witness the event. Last Saturday he,
C/Low and M/Lyons attended the Boy Scout Troop 737 Annual Dinner. It was
very interesting to see so many fine youngsters and know that they are the future
of Diamond Bar. Saturday evening he welcomed the International Chinese
Transportation Professional Association's annual meeting held at the Heritage
Park Community Center on behalf of the City. This is the second consecutive
year they held their meeting in this great City.
M/Lyons said it has been a busy two weeks between the Boy Scouts and new
businesses opening and planning for the Smart & Final Extra Grand Opening.
The Regional Chamber held the Salute to Hero's Breakfast and at that breakfast
two Diamond Bar residents were honored, former Mayor Jack Tanaka and
firefighter Philip Olivas. Another event she attended that was notable was a
ceremony at South Pointe Middle School where they received a very prestigious
award called Middle Schools to Watch which puts them in a position to be asked
to go to Washington D.C. to train other middle schools throughout the country on
how to do things they do so well such as their STEM and Arts Education
program. She congratulated Principal Arzola, faculty, and staff.
MARCH 1, 2016 PAGE 14 CITY COUNCIL
ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the
Regular City Council Meeting at 8:00 pm to March 22, 2016.
L —0, , �L
TOM MYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this 22nd day of March 2016.
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