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HomeMy WebLinkAbout12/20/16 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 20, 2016 CALL TO ORDER: Mayor Lin called the Regular City Council meeting to order at 6:32 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Eagle Scout Eric Whatley led the Pledge of Allegiance. INVOCATION: Pastor Jake Kim, Northminster Presbyterian Church, gave the Invocation. ROLL CALL: Council Members Herrera, Lyons, Tye, Mayor Pro Tem Low and Mayor Lin. Staff Present: James DeStefano, City Manager; Omar Sandoval, Assistant City Attorney; Ryan McLean, Assistant City Manager; David Liu, Public Works Director; Greg Gubman, Community Development Director; Anthony Santos, Assistant to the City Manager; Kimberly Young, Senior Civil Engineer; Grace Lee, Senior Planner; Fabian Aoun, Assistant Engineer; J.R. Yberra, Media Specialist; Cecilia Arellano, PI Cordinator; and Tommye Cribbins, City Clerk. 1.1 M/Lin and Council Members presented a Certificate of Recognition to Eagle Scout Eric Whatley for being chosen as a Banner Carrier in the 2017 Rose Parade. 1.2 M/Lin and Council Members announced Guacs Mexican Grill, 2709 S. Diamond Bar Boulevard as New Business of the Month for December 2016 and showed the company video. (Owner was not able to attend) 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano introduced LA County Sheriffs Department Chief Steven Johnson who oversees the Sheriff's Stations in the East Patrol Division that include from Alta Dena to San Dimas including the City of Diamond Bar. Chief Johnson stated that he has been with the LA County Sheriff's Department for about 39 years and currently serves as the Chief of the East Patrol Division which is from the San Bernardino County line across the 210 and SR60 to Los Angeles and the San Fernando Valley and consists of approximately 1100 personnel - deputy sheriffs and professional staff that serve 12 contract cities in the area. He understands the importance of service because he also lives in a contract city. The Sheriff's Department has 42 contract cities and understands DECEMBER 20, 2016 PAGE 2 CITY COUNCIL the importance of contracting. As part of the ongoing commitment to providing service. Two things coming up in 2017 in conjunction with California Contract Cities and the Los Angeles Board of Supervisors, the Department will commence a new 32 -hour training course entitled "The Los Angeles Sheriff's Department Crisis Intervention Training" which is aimed at teaching deputies and First Responders how to handle persons who are having a mental health crisis which will help in de-escalating crisis situations. The 32 -hours of training is based on a national model called the "Memphis Model" which has shown dramatic results across the United States. Training begins in January 2017. There is a group of highly trained professionals called "Mental Evaluation Teams" who are highly skilled deputies that work with a mental health clinician. The Board of Supervisors has generously approved $1.4 million to expand the department's capacity to respond to those critical incidents. The first layer of response will be by the Diamond Bar First Response Team who will receive the training. The second layer is the Mental Evaluation Team which will come behind the first responders. The goal is to have a positive public outcome where there is no need for use -of -force, where people do not act out and commit acts of violence against each other, and seek treatment for persons suffering from mental health crises'. Lastly, It is an honor to serve Diamond Bar and if there is anyone who is willing to serve is encouraged to seek positions with the department in cities and serve the communities in which they live. 3. PUBLIC COMMENTS: Pui Ching Ho, Diamond Bar Library reminded everyone that the weekly Coffee and Conversation Club will begin on Friday, January 6, 2017 at 10:30 a.m. where individuals will be able to meet new friends, practice speaking and listening in English and learn about U.S. culture in a fun and informal setting. On behalf of the Diamond Bar Library she wished everyone the very best in this Holiday Season. Please check the library website at http://colapublib.org/libs/diamondbar/index.php for additional programs and events. C/Tye thanked Pui Ching Ho for her hard work and outstanding efforts. He cited results of an update which shows that during 2016 there were approximately 1500 youth program participants, 1150 teen program participants, and 736 adult program participants. This confirms that the Diamond Bar Library was the second busiest library in the LA County Library system and probably the busiest according to population. R. Lee Paulson spoke about Consent Calendar Item 6.5 asking that the South Pointe project map not be approved this evening because the EIR was completed more than 20 years ago and there are gnatcatchers and mountain lions in the area that are endangered. He asked, by what authority does staff claim a categorical exemption from CEQA in a sensitive environmental area? He understands there are environmental mitigations planned for this project and that there should be a mitigation plan in print before the Map is approved and if one DECEMBER 20, 2016 PAGE 3 CITY COUNCIL has been done where he can find it. C. Robin Smith read from a prepared statement in opposition to the South Pointe Final Map and asked if Tentative Tract Map 63623 is subject to the November 2016 Diamond Bar Amended Ordinance No. 10 and is the project subject to the 2016 California Building Standards Code Title 24. Will the site be inspected per the new geotechnical standards? If it is not, it should be. And if not, she urges the Council to wait until these questions .can be reconciled. The public is concerned that the new development is bypassing these new standards and it is alarming to think that a hasty planning development process might bring about the future disaster to the community based on geotechnical hazards. Allen Wilson said he was very sad to hear that CM/DeStefano is retiring. He has enjoyed a wonderful relationship with Mr. DeStefano and hopes the City Council can find someone to fill his shoes. Tonight, the City of Santa Ana is considering whether to terminate their city manager and, he heard that the Fullerton city manager had tendered his resignation as of December 31. His point is that the City of Diamond Bar is very fortunate to have a City Manager who knows what he is doing and if he is correct, Mr. DeStefano is the longest serving City Manager in Diamond Bar's history. He wished CM/DeStefano the best. His other concern is that after deciding not to have a December 20 meeting there was a 72 hour notice given that there would be a meeting and he did not understand how this occurred. Donna Earnhardt also spoke in opposition to the South Pointe project. Today she saw work being done at the site and wondered how that could happen without the Tract Map being approved. Andrew Han, Lennar Homes, applicant for Tract 63623 under consideration on tonight's agenda, responded to previous public comments. Lennar has been active in Diamond Bar for the past several years building the Willow Heights community at the corner of Diamond Bar Boulevard and Brea Canyon Road. Based on the success of that community and Lennar's experience there as well as, the relationship developed with City staff which has assisted Lennar Homes greatly in bringing this item forward, has elected to purchase this community from the previous owner, Lewis Homes. While it may come as a surprise to members of the community, this Tract Map was approved through the Specific Plan, EIR, and Mitigation Monitoring Plan and has also gone through a significant amount of public input and appeal periods. In addition, a Development Agreement was executed between the City and Lewis Homes. The Tentative Map, the instrument used to approve the development for entitlement, was completed some time ago. The item before the City Council (Final Map) is simply a ministerial action and is not an item to approve the project which was approved some time ago. Lennar has been working the past several months to improve the property by grading, building walls, storm drains, sewer, etc. and Lennar hopes to open the community (Grand Opening) in March 2017. DECEMBER 20, 2016 PAGE 4 CITY COUNCIL A young student and resident spoke about studying nature for many years and is grateful that the State of California had enacted SB 839 (California Endangered Species Act) on September 13, 2016. He wants to see the City of Diamond Bar do wildlife mapping programs in schools and make strong efforts to work alongside nature. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano thanked Allen Wilson for his kind comments. CM/DeStefano indicated to the City Council that after 26 years and two separate stints with the City of Diamond Bar and almost 11 years as its City Manager he has chosen to retire in July 2017 which provides the Council with a lot of lead time to decide who his successor will be, and consider a proper process to secure applications and interests, to evaluate candidates and make their decision. That process has begun and as a result of the Council's meeting yesterday morning; the cancellation of the January 3 City Council meeting; and, tonight's meeting, there may have been some confusion created. A City Council meeting was held two weeks ago and with the Council fully aware of his resignation in July the Council has a duty to begin the recruitment process as well as meet advertising deadlines for journals and publications that city managers in particular explore each month. To meet the February edition for those documents, the City Council had to begin looking at placing ads now (middle to end of December) which caused the City Council to get together and create a list of what type of qualities, characteristics and profile of interest so that an advertisement could be created to secure placement in these very essential publications including the California City Manager's Annual Meeting which takes place in February. As a result, the City Council chose to meet yesterday morning to review recommendations from staff for the types of qualities, characteristics, etc. in order to compile an ad. At the last City Council meeting on December 6 the Council chose to cancel the normally scheduled Council meeting for the first Tuesday in January which has historically been canceled. As a result, after tonight, the next meeting will be January 17. With respect to speakers who spoke on the Final Map under Consent Calendar Item 6.5. The Council's Consent Calendar is basically comprised of actions that are rather routine (black and white) with little or no discretion needed for the City Council to take an action. It does not preclude the Council from removing items from the Consent Calendar for discussion, debate and separate vote as the Council deems appropriate. Typically, these items are rather routine and so too, is a Final Map. This particular project was approved by the City Council in 2006/2007. It was a project that was originally proposed by JCC and the Lewis Companies. It consists of 99 homes on about 30 acres across the street from South Pointe Middle School and it was the third or fourth project proposed in that area since the City's incorporation. The project between South Pointe Middle School and Brea Canyon Road was obviously approved and there are now 124 homes in that new neighborhood which was a project that involved some substantial fill. This project which was approved in 2006/2007 and at that time DECEMBER 20, 2016 PAGE 5 CITY COUNCIL a fully certified Environment Impact Report was presented to the public, commented upon, debated and subsequently approved by the City Council. The 2006/2007 approval of this project came after the property was regraded and reconfigured which was a result of the 95ish landslide that occurred on that property. The property has undergone exhaustive geotechnical review, reconstruction review and now grading for over 20 years as a result of original project considerations, the landslide that occurred in about 1995 which had nothing to do with the project, and the work that was done to reconfigure the site and then consideration of the project that is currently before the City Council in its Final Map configuration this evening. Council may recall in May of this year that it was asked to consider the Final Map as a ministerial "black and white" consideration for a project in a different part of the City and while there was much public debate about it and residents had concerns, some of whom were unaware that the project had been approved 10 years ago. "Has the project met the conditions that were imposed by the City 10 years ago" and in the example in May, the City Council determined that to be the case and approved the Final Map. This is the reason this item (6.5) is on the Consent Calendar and what staff is recommending to the City Council this evening. Staff is saying that the hundreds of conditions that were attached to the South Pointe project have been met in the eyes of the staff, the project has implemented the provisions of the Environmental Quality Act (CEQA) and the Certified EIR has gone through geotechnical review, has been approved for grading, has been approved for construction of the model homes, and will comply with all of the current codes. Some of the provisions of construction have already taken place and do not need to be modified. However, other provisions of construction will need to comply with the current Building Codes which is not an issue for a developer of the stature of Lennar and a value to homeowners who will own those properties in the future — because they will have complied with the latest standards. Thus, staff is recommending that the City Council approve the Final Map on its Consent Calendar this evening. C/Tye asked if contrary to what is being seen in social media, nothing is being "rushed" here. CM/DeStefano agreed that it was difficult to believe a comment of a project being rushed that was approved 10 years ago. Similar to another project in town it took 10 years of recession and careful development planning and now, by one of the leading home builders in the United States, to bring the project forward to the City Council. This project is in very, very good shape and ready to be approved. C/Tye asked if CM/DeStefano would agree that nobody on this Council or on this staff is trying to "sneak" anything in during the holidays. CM/DeStefano responded "no, there is nothing to sneak in." DECEMBER 20, 2016 PAGE 6 CITY COUNCIL C/Tye said he found it interesting that former Councilwoman Ansari was quoted in the information provided to the City Council that Mr. Arciero had been trying to build on "his" property since 1983 which pre -dates by 20 plus years before this project was approved. C/Lyons asked why there was construction going on prior to the Council voting on the Final Map today. CM/DeStefano explained that the City's Codes allow for the type of construction that is going on at the site to legally occur with proper permits as long as all of the conditions of the project have been met, and as long as the mitigation measures and environmental considerations have been complied with. Projects like this are allowed to go forward and this project was not prohibited from moving forward and as a result, permits were issued a few months ago to commence the grading, backbone infrastructure and most recently, the model home construction. C/Lyons asked if CM/DeStefano was saying that every condition listed on the 20 pages of conditions had been met — checked and double-checked and fulfilled before Lennar was able to start construction. CM/DeStefano responded yes, all of the conditions necessary prior to any of the construction. There are conditions that still have yet to be met but those are during and post construction conditions. MPT/Low asked if the subdivision agreement between Lennar and the City has been executed. Asst. CA/Sandoval explained that the developer has executed the agreement but Lennar will not execute the agreement until the City Council approves the Final Map. MPT/Low asked if conditions that are part of the subdivision agreement are independent of the approval of the Tract Map. Asst. CA/Sandoval further explained that they are related. They are public improvements that are required as a condition of the project that can be made during construction of the project. The agreement is to provide bonding and security to make sure that those conditions are met during construction such as streets, sewer, water, etc. MPT/Low said "and the fair -share amounts that go with traffic. She asked what the remedy is to the City that is built into the subdivision agreement. Asst. CA/Sandoval responded that there is a cost estimate for all of the estimates stipulated to any agreement for which bonds (third party insurance) are provided that have the capacity to pay for the improvements if the developer is not able to DECEMBER 20, 2016 PAGE 7 CITY COUNCIL meet the obligation. So if the developer does not do the improvements, the City has the ability to go to the insurer and use the bond proceeds to get their own contractors to complete the project. MPT/Low asked if things that happened during construction were independently evaluated from the Final Map approval. Asst. CA/Sandoval stated that the City Council will ultimately approve or adopt a Certificate of Completion for the streets, sewer and water and once that is done the bonds can be released. Until the improvements are approved by the City the bonds will remain in effect. 5.1 Holiday Diamond Ride — November 25, 2016 through January 1, 2017 — Free shuttle service to and from Diamond Bar Shopping Center for ages 18 and older. 5.2 Parks and Recreation Commission Meeting — December 22, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive (Canceled) 5.3 Christmas Holiday — December 23 and 26, 2016 — City Offices closed in observance of the Christmas Holiday beginning Friday, December 23 through Monday, December 26. City Offices reopen Tuesday, December 27, 2016 at 7:30 a.m. 5.4 Holiday Tree Curbside Collection Program — December 27, 2016 through January 6, 2017. Trees free of decorations and flocking may be left at the curb for free pickup during this period. Any tree over 6 feet must be cut in half. 5.5 Planning Commission Meeting — December 27, 2016 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive (canceled). 5.6 New Year's Holiday — January 1, 2017 — City Offices closed Monday, January 2, 2016 in observance of New Year's Day. City Offices reopen Tuesday, January 3, 2017 at 7:30 a.m. 5.7 City Council Meeting — January 3, 2017 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive — Adjourned to January 17, 2017. 5.8 Planning Commission Meeting — January 10, 2017 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.9 Traffic and Transportation Commission Meeting — January 12, 2017 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. DECEMBER 20, 2016 PAGE 8 CITY COUNCIL 5.10 City Council Meeting —January 17, 2017-6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Herrera moved, C/Lyons seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low, M/Lin 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: 6.2.1 Study Session of December 6, 2016 — as submitted. 6.2.2 Regular Meeting of December 6, 2016 — as submitted. 6.3 RATIFIED CHECK REGISTER — Dated December 1, 2016 through December 14, 2016 totaling $1,783,516.66. 6.4 APPROVED NOTICE OF COMPLETION FOR THE STARDUST AND PETERSON PARK IMPROVEMENTS PROJECTS. 6.5 ADOPTED RESOLUTION NO. 2016-41: APPROVING FINAL TRACT MAP NO. 63623 FOR THE SUBDIVISION OF A 30 -ACRE SITE INTO 99 RESIDENTIAL UNITS, LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE AND WEST OF BREA CANYON ROAD (KNOWN AS THE SOUTH POINTE DEVELOPMENT), IN THE CITY OF DIAMOND BAR. 6.6 APPROPRIATED UNRESTRICTED TRAFFIC IMPROVEMENT FUND RESERVES IN THE AMOUNT OF $9,000 TO THE FISCAL YEAR 2016- 17 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR THE PATHFINDER ROAD REHABILITATION PROJECT; APPROVED A COOPERATIVE AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR THE PRELIMINARY ENGINEERING, SOLICATION OF CONSTRUCTION BIDS, AND AWARDED CONSTRUCTION CONTRACT AND THE CONTRACTOR ADMINISTRATION OF THE PATHFINDER ROAD REHABILITATION PROJECT DECEMBER 20, 2016 PAGE 9 CITY COUNCIL 6.7 APPROPRIATED $45,000 OF PROP C FUND RESERVES TO THE FISCAL YEAR 2016-17 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET; ADOPTED RESOLUTION NO. 2016-42: APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; AND, AWARDED CONTRACT FOR THE CONSTRUCTION OF THE DIAMOND BAR BOULEVARD RAISED MEDIAN MODIFICATION AT THE MAPLE HILL ROAD PROJECT TO CT&T CONCRETE PAVING INC. IN THE AMOUNT OF $117,691.80, PLUS A CONTINGENCY AMOUNT OF $10,420 FOR A TOTAL AUTHORIZATION OF $128,111.80. 6.8 APPROPRIATED $9,750 FROM THE GENERAL FUND RESERVES TO THE FISCAL YEAR 2016-17 CAPITAL IMPROVEMENT PROGRAM BUDGET; ADOPTED RESOLUTION NO. 2016-43: APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A PAYMENT ACCOUNT; AWARDED THE CONSTRUCTION CONTRACT FOR THE CITY HALL SERVER ROOM HVAC REPLACEMENT PROJECT (25816) TO DC INTEGRATE, INC. IN THE AMOUNT OF $78,585 AND, AUTHORIZED A CONTINGENCY AMOUNT OF $11,165 FOR A TOTAL CONTRACT AUTHORIZATION AMOUNT OF $89,750. 6.9 APPROVED CONTRACT AMENDMENT NO. 1 WITH ITERIS, INC. IN THE AMOUNT OF $37,000 FOR ON-CALL TRAFFIC AND TRANSPORTATION ENGINEERING SERVICES IN FISCAL YEAR 2016- 17. 6.10 APPROVED CONTRACT AMENDMENT NO. 1 WITH FEHR & PEERS IN THE AMOUNT OF $30,000 FOR ON-CALL TRAFFIC AND TRANSPORTATION ENGINEERING SERVICES IN FISCAL YEAR 2016- 17. 6.11 APPROVED EXPENDITURES WITH LESTER LITHOGRAPHIC, INC. FOR PRINTING SERVICES IN AN AMOUNT OF $43,808, WITH A CONTINGENCY NOT TO EXCEED FIVE (5%) PERCENT OR $2,190.40 FOR A TOTAL AUTHORIZED AMOUNT OF $45,998.40 FOR THE REMAINDER OF FISCAL YEAR 2016-17 AND AUTHORIZED THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS FOR SUCH SERVICES. 6.12 AWARDED CONTRACT TO CIVIC PLUS FOR DESIGN, MAINTENANCE AND HOSTING SERVICES, FOR THE CITY'S WEBSITE IN THE AMOUNT OF $55,774 AND AUTHORIZED THE CITY MANAGER TO EXECUTE ANNUAL CONTRACT RENEWALS. DECEMBER 20, 2016 PAGE 10 CITY COUNCIL 7. PUBLIC HEARING: 7.1 ADOPT RESOLUTION NO. 2016-44: APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ALLOCATION INCLUDING $200,014 IN FISCAL YEAR 2017-18 FUNDS AND $12,552 FROM UNALLOCATED BALANCE OF FUNDS FOR THE TOTAL AMOUNT OF $212,566. CM/DeStefano stated that this is the annual meeting during which the City Council allocates Diamond Bar's grant from the Federal Government to public service programs and public works projects. As staff indicates every year, the eligibility for CDBG projects are those that must meet national objectives benefiting low and moderate income persons, addressing slums or blight, or meeting a particular urgent community development need. In Diamond Bar it is typically a grant program that is looking to benefit low and moderate income persons as those defined by household income through the regional dollar allocations. The City is also eligible for often used dollars for projects that remove barriers, improve accessibility, particularly for those who are disabled, and historically, Diamond Bar has used these dollars for sidewalk improvements and other such types of projects. As M/Lin indicated, the allocation for these upcoming Federal fiscal year and City fiscal year of 2017-18, is a budget of about $212,566. Each year this number changes slightly and a couple of months after the Council has taken action, staff will make the changes as the Federal numbers get refined. The City has to conduct this Public Hearing this time of year in order to meet the timelines and other requirements of the Federal government grant and get this Resolution to them by February. Part of the annual Public Hearing is to review the projects that current dollars have funded and to talk about how those projects are moving forward at the middle of the year and to move forward toward the projects that the grant is proposing to fund. Currently fiscal year 2016-17 projects include $11,516 the Council allocated to the YMCA Childcare and Day Camp program which was granted those dollars about this time last year they have subsequently elected not to receive those dollars because of the Federal bureaucracy the City is required to implement that requires specific documentation to ensure the dollars are going to low and moderate residents of Diamond Bar. This process became burdensome for the YMCA and while they have been very appreciative of resources provided to them by the City over the 27 plus years, they chose not to accept the funds for the current fiscal year and those funds are being reallocated to other CDBG projects. Last year the Council allocated about $20,124 for the ongoing senior activities that involves staffing support, seminars, arts and crafts programs, senior excursions and other related senior programing. In the current fiscal year the City Council approved a Home Improvement DECEMBER 20, 2016 PAGE 11 CITY COUNCIL Program of about $100,000 which would support about four projects based upon the new dollar amounts set forth for any one project. There are currently about five projects under review and four will be funded as the year continues. Council funded ADA Improvements to Stardust and Longview South mini -parks. The money originally allocated for the Stardust improvements was subsequently reallocated when the City was fortunate enough to receive an additional Prop A Safe Parks Grant for the Stardust mini -park improvements. The Longview South Mini -Park is a project that is ready for bid advertisement and is nearing construction. Last year the Council funded the design of two ADA bridges at Sycamore Canyon Park for a total of $74,283. Staff found additional means to try to accomplish the same goal and will now be using other available funding sources for the design of the bridge repair work at Sycamore Canyon Park and as a result, at the end of the current year, the dollars that were previously allocated through CDBG will be reprogrammed. Another area of reprogramming that occurred in the current fiscal year was the Morning Canyon ADA Parkway Improvement project which was a project that involved trees that had historical value to the adjacent neighborhood and after much debate and staff consideration about saving the trees while meeting the need to improve the roadway, ADA access, etc. the $300,000 plus that was set aside through General Fund dollars was supplemented with CDBG funds which resulted in an amount of $225,000 going toward that project in the current fiscal year. In the current fiscal year the moving and reprograming of dollars has happened more than in prior years which is a result of looking very, very carefully at the City's most precious dollars it maintains in trust on behalf of the public and spending the dollars in the wisest manner possible as shown through the Morning Canyon project. For Fiscal Year 2017-18, $212,566 is being requested. Staff is recommending that $30,002 be allocated to two public service programs: 1) The ongoing Senior Services Program that involves staffing offset for a total of $20,002 and, 2) The Service Center for Independent Living/Life be allocated $10,000 to provide support to persons in need, particularly the handicapped and elderly, with projects that provide for handrails and other physical improvements in eligible homes for eligible residents in Diamond Bar. The second category is Public Works and Housing for which staff is recommending $100,000 for four to five home improvement projects and $82,564 to provide ADA improvements at Starshine Park. Upon conclusion of tonight's Public Hearing, staff is asking that the City Council adopt a Resolution approving the allocation for Fiscal Year 2017-18. C/Tye said that $10,000 did not seem like a lot for the Service Center for Independent Life but why would that be broken out separately from the HIP program? Is it because one is a lien and the $10,000 is simply to install what is needed? DECEMBER 20, 2016 PAGE 12 CITY COUNCIL CM/DeStefano responded that C/Tye was correct. The Home Improvement Program allows for different types of Health and Safety Improvements and Accessibility` Improvements but it is a loan program with loan allocations up to $20,000 each. The other program is more simply grab bars and other simplified access that might be needed in a home for eligible persons with disabilities which winds up being a grant program through the Service Center for Independent Living. This is a new program for Diamond Bar and if successful, would be considered for funding in the future. MPT/Low asked how much of the $10,000 grant would go toward the items that would actually assist the recipients as opposed to how much would go toward operating, salary, benefits and travel costs? CM/DeStefano responded that the $10,000 goes for actual physical items that directly benefit recipients. No dollars are allocated for salaries, benefits and travel etc. C/Lyons asked how residents are made aware that the Center for Independent Life will provide these items. CM/DeStefano said that because this is a new program for Diamond Bar, staff will assist the Center in putting together sources of information to make residents aware of the program. C/Lyons suggested that the four senior organizations be notified of the program. M/Lin opened the Public Hearing at 7:45 p.m. With no one present who wished to speak on this item, M/Lin closed the Public Hearing. C/Tye moved, C/Herrera seconded, to Adopt Resolution No. 2016-44: Approving the Community Development Block Grant Program Allocation Including $200,014 In Fiscal Year 2017-18 Funds and $12,552 From Unallocated Balance of Funds for the Total Amount of $212,566. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low, M/Lin NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None DECEMBER 20, 2016 PAGE 13 CITY COUNCIL 11 COUNCIL CONSIDERATION: 8.1 ADOPT RESOLUTION NO. 2016-45: AUTHORIZING A REWARD OF UP TO $10,000 FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF THE PERSON(S) RESPONSIBLE FOR THE DEATHS OF CHENG LONG WANG AND MEI CHU CHUNG. CM/DeStefano stated that this matter came to the City Council at the request of the LA County Sheriff's Department and was discussed in its Study Session on December 6, 2016 with Council's direction to place this item on the regular City Council agenda for consideration. AtoCM/Santos reported that the Sheriffs Department is actively investigating the October 2016 deaths of Chang Long Wang and Mei Chu Chung in Diamond Bar. The Sheriff's Department has requested that the City provide a reward for information that leads to the arrest of the person or persons involved in the deaths. In looking at other agencies that provide rewards for these types of incidents, staff found that the LA County Board of Supervisors provides a $10,000 reward and the City of La Mirada a $5,000 reward. The City of Diamond Bar has provided rewards in the past for vandalism, vandalism at City facilities as well as, for other incidents similar to the October 2016 deaths. California Government Code §53069.5 provides the City with the ability to offer a monetary reward for information leading to the determination of identity and apprehension of any person whose conduct results in injury or death to any person. Staff recommends that the City Council adopt Resolution No. 2016-45 authorizing the City Council of the City of Diamond Bar to authorize a $10,000 reward for information leading to the arrest and conviction of the person(s) responsible for the deaths of Chang Long Wang and Mei Chu Chung. C/Lyons moved, C/Herrera seconded, to Adopt Resolution No. 2016-45: Authorizing a Reward of up to $10,000 for Information Leading to the Arrest and Conviction of the Person(s) responsible for the deaths of Cheng Long Wang and Mei Chu Chung. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low, M/Lin NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None DECEMBER 20, 2016 PAGE 14 CITY COUNCIL 8.2 ADOPT RESOLUTION NO. 2016-46: AMENDING RESOLUTION NO. 2009-18 AND THE CITY'S PARKING PENALTY SCHEDULE. CM/DeStefano introduced MA/Allen who provided staff's presentation. MA/Allen stated that if adopted, Resolution No. 2016-46 would amend the City of Diamond Bar's parking penalty schedule. Both federal and local mandates require that the City take action to both minimize and prevent pollutants from entering the local waterways. One example of such a resolution would be the National Pollutant Discharge Elimination System otherwise known as NPDES Stormwater Regulations. At the best practice, street sweeping is considered to be one of the most effective methods to remove debris, sediment, petroleum products, and trap vegetation which accumulates in gutters and on city streets. In the City of Diamond Bar, street sweeping is performed throughout the City every other week and during the months of December and January, every week. In order to inform the community of these street sweeping days and hours, signage is posted at the entrance at each neighborhood indicating the street sweeping timeframe. This information is also posted on the City's website and in other City publications where a street sweeping schedule is provided. Parking penalties are issued to vehicles that are parked illegally on the street that are impeding the way of the street sweeper. The reason for these citations is because when vehicles are parked illegally and impeding the street sweeper, it does not allow for crews to thoroughly clean the streets from curb to curb. In 1996 the City Council adopted a Resolution that established the City's parking penalty schedule which was most recently amended in 2009. The schedule has 90 unique established parking penalties, one of which is 10.80.080(b) which is "failure to obey street sweeping parking" fines and the current penalty amount of 10.80.080b $40 has not been increased since 2009. Staff analyzed the trends associated with the number of street sweeping citations that are issued per fiscal year. Over the course of the past three fiscal years there has been a slight increase in the number of citations issued per year which prompted staff to look more closely at the reason behind this increase while keeping in mind the penalty amount associated with the citation ($40). Staff compared the City's program with those of surrounding agencies specifically with respect to failure to obey street sweeping parking signs and staff found that the dollar amount associated with Diamond Bar's penalty is lower than a majority of surrounding jurisdictions. Based upon staff's analysis it was determined that by potentially increasing the penalty amount for failure to obey street sweeping, it would hopefully deter individuals from parking their vehicles on the street during restricted street sweeping hours. The intent behind this is to promote the effectiveness of the curb -to -curb street sweeping which would increase the City's compliance with federal and local mandates. Accordingly, staff is requesting that the City Council approve Resolution 2016-46: Amending Resolution No. 2009-18 and the City's Parking Penalty Schedule so that the penalty amount for failure to obey DECEMBER 20, 2016 PAGE 15 CITY COUNCIL street sweeping is increased to $50 effective February 1, 2017. Based upon Fiscal Year 2015-16 volumes, the recommended adjustment could potentially result in an increased revenue of approximately $49,770. C/Lyons said she was pleased to see this recommendation because it is easy for everyone to move their cars away from their preferred parking spots during street sweeping days. It is important that the City keep the pollution out of the ocean and she is hopeful that the extra $10 will make people want to move their cars. C/Tye said he did not believe an additional $10 would deter those people who were not complying and he suggested the fee penalty be raised to $100 which would get their attention. C/Herrera said that at one point there was a discussion about a certain number of dollars for a first offensive and for second offense the amount went up and for a third offense it went to an even higher amount and perhaps the Council would want to consider that by taking action on this recommendation and see how it goes for the next six months. If this change does not deter individuals then consider increasing the amount for second and third offenses for the same person. M/Lin stated that the penalties generate about $200,000 a year and wanted to know where the money goes. MA/Allen responded that the money generated from the penalties goes into the City's General Fund. M/Lin asked how much it costs the City to collect the $200,000 MA/Allen explained that there is one Community Service Officer (CSO) who issues parking penalty citations and that salary, liability and benefit amounts to approximately $75,000-$80,000 per year. M/Lin agreed with C/Tye that the penalty fee is not raised to generate money. If the idea is to eliminate the violation he would agree with $100. C/Lyons said the vehicle could be towed. C/Tye said he did not believe the balance of $75-$80,000 for the Code Enforcement Officer goes to the General Fund. If people appeal the fine they go to another jurisdiction which is also being paid. This is not a bonus to the City of Diamond Bar and he would be even more opposed to it if it was being done just to increase the amount that goes to the General Fund. DECEMBER 20, 2016 PAGE 16 CITY COUNCIL MA/Allen said that C/Tye was correct that the reason behind the parking penalty is not to generate revenue for the City, it is meant to keep the City in compliance with federal and local mandates. Ultimately, the City likes to have a clean street but part of the emphasis is to keep the streets clean and make sure that the City is not contributing to pollutants entering local waterways. Unless the City can keep vehicles off the streets that are illegally parked while the street sweeper is performing its service, the City is ultimately contributing to the pollution. MPT/Low asked if the signs that indicate no parking during specified times also say vehicles will be towed. MA/Allen said the signs indicate the parking restriction only and does not indicate the vehicle will be towed. MPT/Low said in that case, the City could not tow a vehicle unless the appropriate signage was installed. C/Lyons suggested the Council pass the Resolution and see what happens in the six month period following implementation. If nothing improves perhaps staff could look at tracking repeat offenders and increase penalties for frequent violations. C/Lyons moved, C/Herrera seconded, to Adopt Resolution No. 2016-46: Amending Resolution No. 2009-18 and the City's Parking Penalty Schedule as recommended by staff. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lyons, MPT/Low, M/Lin NOES: COUNCIL MEMBERS: Tye ABSENT: COUNCIL MEMBERS: None 8.3 RATIFY CITY COUNCIL COMMITTEE APPOINTMENTS AND ADOPT RESOLUTION NO. 2016-47: CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS. ORGANIZATION DELEGATE ALTERNATE California Contract Cities Association Foothill Transit Board Four -Corners Transportation Policy Group Greater L.A. County Vector Control District Joint Powers Insurance Authority L.A. County Sanitation District No. 21 L.A. County City Selection Committee League of CA Cities — L.A. County Division San Gabriel Valley Council of Governments Tye Lin Herrera Lyons Herrera Lin Tye Low Tye Lin Lyons Lin Low Tye Low Lyons Herrera DECEMBER 20, 2016 PAGE 17 CITY COUNCIL Southern California Assn of Governments (SCAG) Lyons Low Tres Hermanos Conservation Authority Herrera Low Wildlife Corridor Conservation Authority (WCCA) Low Lin STANDING COMMITTEES City Council Audit Committee Lin Low City Council Goals/City Manager Evaluation Lin Low Economic Development Lyons Herrera Industry East Development Advisory Committee Herrera Lin Legislative Low Tye Lighting/Landscape Assess Dist Subcommittee Herrera Low Neighborhood Improvement Lyons Lin Public Safety Committee Lin Low Sphere of Influence/Annexation Herrera Low LIAISON Chamber of Commerce Lyons Low Diamond Bar Community Foundation Low Lin Library Low Lin PUSDICity Lin Low Senior Citizen Tye Lyons WVUSDICity Herrera Tye MPT/Low moved, C/Herrera seconded, to ratify City Council Committee Appointments and Adopt Resolution No. 2016-47: Confirming the appointment of specific representatives to the San Gabriel Valley Council of Governments as listed above. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low, M/Lin None None M/Lin asked that individuals interested in serving on the Wildlife Corridor Conservation Authority Advisory Board contact CC/Cribbins. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Lyons said that like many Diamond Bar residents, she frequents the intersection of Brea Canyon Road and Diamond Bar Boulevard and expressed her extreme gratitude and appreciation to PWD/Liu and the Public Works staff for their hard work in completing the upgrade of the intersection. It is a pleasure to drive in the area once again. She wished everyone the best of Holidays — Happy Hanukkah, Merry Christmas, Happy Kwanzaa, and others a very Happy New Year as well. DECEMBER 20, 2016 PAGE 18 CITY COUNCIL C/Herrera congratulated Eagle Scout Eric Whatley and said that his parents must be so very proud of him as he displays all of his earned badges. It is quite an achievement for such a young man and she wishes him much success in the future. She thanked Chief Steven Johnson for joining the Council this evening. It was a pleasure to meet him and she looks forward to all of the great things he has planned for the different Sheriff's Stations within his division. She wished everyone a Happy 2017 with many good things on the horizon including lots of new development such as that going on at the Kmart location. She hopes everyone has heard that Ross, Chipotle, Sprouts and others are coming to the center. She hopes that Diamond Bar will support the new businesses. She wished everyone a Merry Christmas and Happy New Year and very safe 2017. C/Tye again thanked Librarian Pui Chin Ho and her staff for doing such a great job in serving so much of the community. Congratulations to Eric Whatley on being chosen as a banner carrier for the Rose Parade and bringing recognition to Diamond Bar. His efforts are greatly appreciated as well as, all Boy and Girl Scouts who will be involved with the event. Have a very Merry Christmas, Happy Hanukkah and whatever one celebrates, and a very, very safe and Happy New Year. MPT/Low thanked staff for their hard work, dedication and service to the Council and the community of Diamond Bar. Because of their work and inspired performance the City has nice clean streets, the parks are well maintained, the City got a new park this year, the City has recreation programs throughout the year for families with every age group included, and the City has excellent public safety programs. Staff stays on top of all of the public safety issues and works on traffic every day. Staff does an excellent job in providing public information to the community and for all staff does she is very grateful on behalf of the City and she thanks all staff for their good work. She joins with her colleagues in wishing everyone Happy Holidays and reminds everyone that from a prosecutorial standpoint, as merry and festive as this time is, it is also an opportunity for other people to take advantage and everyone should remain diligent and safe and use common sense. A lot of property crimes occur at this time of year and people take advantage of those who are not paying attention and take advantage of those who are generous. Don't drink and drive and keep your families and others safe. Happy New Year. M/Lin said that the City is sad that CM/DeStefano after serving as City Manager for 11 years decided to retire but appreciates very much that he gave the Council ample notice to proceed through this transition period. The position will be advertised in January and hopefully by the time CM/DeStefano is ready to retire in June or July there will be a replacement. Last week there was a news report about Diamond Bar in one of the daily Chinese newspaper about public safety in the City that quoted crime statistics. After verifying the information published with the Sheriff's Department some of the reported information was found to be not quite accurate. Overall, Diamond Bar is a very safe community in terms of the numbers of petty crimes, etc. and he wanted to make sure that residents were DECEMBER 20, 2016 PAGE.19 CITY COUNCIL aware that they were under very good protection by the Sheriffs Department. The City also provides safety workshops. In fact, last Monday there was one such workshop with about 75 attendees and while there are no new workshops scheduled, residents can request a workshop that will provide information on how to protect their residences. Anyone wishing to avail themselves of this service can contact the City Clerk or anyone at City Hall and when there are a sufficient number signed up a public safety workshop will be conducted. Happy Holidays to everyone. ADJOURNMENT: With no further business to conduct, M/Lin adjourned the Regular City Council Meeting at 8:11 p.m. to January 17 2017. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved thisl7th day of January 1 2017. JIMM L , MA'R