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HomeMy WebLinkAbout06/17/2014 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 17, 2014 CALL TO ORDER: Mayor Carol Herrera called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District /Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church, gave the invocation. ROLL CALL: Council Members Chang, Lyons, Tanaka, Mayor Pro Tem Tye and Mayor Herrera. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Dianna Honeywell, Finance Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Ken Desforges, IS Director; Amy Haug, Human Resources Manager; Kimberly Young, Senior Civil Engineer; Cecilia Arellano, Public Information Coordinator; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NEW BUSINESS OF THE MONTH: 1.1 M/Herrera and City Council Members presented a Certificate Plaque to David Chung, owner and staff members Ken (Store Manager) and Kristen on behalf of Paris Baguette, 21050 Golden Springs Drive C105, New Business of the Month for June 2014. 2. CITY MANAGER REPORT AND RECOMMENDATIONS: 2.1 Update on Year -to -Date Crime Statistics — LA County Sheriff's Department: CM/DeStefano reminded the community that it has been a little over one year since Captain Scroggin joined the Diamond Bar/Walnut.Station as its commander. Shortly after his arrival he brought Lt. Tachias on board. As the City Council is aware, both gentlemen came to this area with extensive experience working throughout different positions inside the Los Angeles County Sheriff's Department's operation, specifically on the patrol side. These gentlemen are an outstanding team and great leaders. Diamond Bar had great service from the station under the leadership of Captain Halm and although CM/DeStefano thought JUNE 17, 2014 PAGE 2 CITY COUNCIL that things could not be done better, they have been for which he thanks both Captain Scroggin and Lt. Tachias for the great work they do on behalf of the community. Tonight they will provide the community with statistics on reduction in crime and other activities occurring within the Sheriff's Station. Captain Scroggin provided a PowerPoint presentation on mid -year crime statistics in the City. He stated that although crimes against persons (homicide, rape, aggravated assaults) are up slightly this year the Diamond Bar numbers are very low with 21 assaults (12 involving domestic violence over which the department has no control) in 2014 and 17 in 2013. There have been 3 reported rape cases in 2014 and 2 in 2013. These violent crimes are very important to the Department and all involve associations between the victim and suspect. Robberies (crimes against property) are at 6 for 2014 down from 16 last year. There have been 50 fewer burglaries this year than there were in 2013. Commercial burglaries are up slightly, which can be attributed to two separate burglary series with suspects targeting the strip malls in the community. Burglaries are down 35 percent from last year and grand theft auto has declined by over 50 percent; and only one crime of arson this year. Lt. Tachias spoke about the importance of community involvement in reducing crime. Deputies have made some great arrests, some of which were made possible by citizen intervention and involvement. Deputy Schiller has worked hard to establish a solid Neighborhood Watch program and a Business Watch program and has reached out to the schools and various businesses. Some groups meet regularly and are very diligent about watching their streets for a safer community. A recently initiated program is a Special Problems Team which consists of Deputies Heidy VillaSenor and Aaron Schiller and a third deputy to be named in July. Captain Scroggin stated that overall, for the first six months of 2014 crime is down by 30 percent, which is a substantial number considering the amount of crimes perpetrated. In order to maintain the downward trend, community education needs to continue to gain momentum as well as the need to improve involvement of the community and partnerships with the Neighborhood Watch programs, all of which are the key to protecting the neighborhoods of this bedroom community. MPT/Tye asked Captain Scroggin to share with the community the reason for more units on the day shift and how available resources JUNE 17, 2014 PAGE 3 CITY COUNCIL are deployed. Captain Scroggin stated that his Department is involved in monthly crime analysis meetings at headquarters, for which he must prepare because he is held accountable for what happens on his watch. In fact, he does crime analysis for his station on a daily basis. Early on he realized that when there is a daytime burglary problem the best method of fighting that problem is via daytime patrol with black and white's on the street making traffic stops with as many people from the Department as possible being active on the streets. The Department has been able to keep the pressure on by realigning a few of the units in the overhead model with about seven extra units in the area of service. In short, the Department practices a proactive response to trends. Anytime his Department has needed extra resources CM/DeStefano and his staff have come through for him. It is a great partnership between staff and the Sheriff's Department. MPT/Tye asked if the rewards program implemented by the City has helped. Deputy Tachias stated that rewards have been given to six or seven citizen's and in fact, there is a reward being presented to a citizen who was looking out his kitchen window and saw two men approach his neighbor's house across the street from him. The citizen did not recognize the men and observed that the men used the recognizable MO of knocking on the door several times and when no one answered went to the back of the house to gain entry. The citizen dialed 911 to report the incident and as the suspects were getting ready to leave the house deputies were onsite to apprehend the suspects. The Department continually puts out the word about the rewards program at various community gatherings. MPT/Tye said that it is important to let residents know that if something does not look right they should report it. As Captain Scroggin previously stated, deputies do not mind going out and finding out there was nothing to worry about because they would rather be out there making their presence known. With AB109 it is obvious that the Department stays on top of crime or these results would not be recorded and he thanked them for all that they do. M/Herrera thanked Captain Scroggin, Deputy Tachias and all of the deputies for all of their good work in keeping Diamond Bar a safer place and thanked residents who remain alert and vigilant to helping the department. JUNE 17, 2014 PAGE 4 CITY COUNCIL 3. PUBLIC COMMENTS: Barbara Haney, Corporate Headquarters, Social Vocational Services, Inc., said the Company's mission is to serve persons with developmental disabilities in community settings and offer the opportunity for employment, which increases the individual's dignity and self-worth. Through a cooperative venture Community Industries has operated out of Lanterman Development Center which is closing June 30, and the clients who were working under Community Industries will now become SVS clients and under contract with the City, thanks to CSD/Rose. Clients will provide litter and weed abatement services throughout the City and SVS provides support, variety and success to the population it serves. Melanie Coward, Regional Chamber of Commerce — San Gabriel Valley, together with resident and businessman Joe Ruzicka and Ben Su, Immediate Past President, thanked the City Council for giving the Chamber an opportunity to provide services and seminars to businesses and to the community of Diamond Bar. On June 19 the organization will hold its installation gala at which time John Shu with STC Management will be installed as president, as well as, honoring outgoing President Mike Gregorich with Mt. SAC. She thanked the City Council for providing support to the Regional Chamber of Commerce. Pui Ching Ho, Diamond Bar Library, stated that the summer reading program has begun and continues to August 16. Children, teens and adults can earn prizes for reading. She spoke about a variety of programs that are available throughout the summer and that information regarding these programs can be found on the library's website at www.colapublib.org 4. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park — (25th Anniversary Concert) — June 18, 2014 — 6:30 p.m. — 8:30 p.m. Neo Nation (80's Tribute) — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.2 Movies Under the Stars — June 18, 2014 — Immediately following Concerts in the Park — The Little Mermaid — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.3 Planning Commission Meeting — June 24, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 Concerts in the Park — June 25, 2014 — 6:30 p.m. to 8:30 p.m., Doo-Wah Riders (Country) — Sycamore Canyon Park, 22930 Golden Springs Drive. JUNE 17, 2014 PAGE 5 CITY COUNCIL 5.5 Movies Under the Stars — June 25, 2014 — Immediately following Concerns in the Park — Monsters University — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.6 Parks and Recreation Commission Meeting — June 26, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.7 City Council Meeting — July 2, 2014 — 6:30 p.m., SCAQMD Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Lyons moved, C/Tanaka seconded, to approve the Consent Calendar as presented with C/Lyons pulling Item 6.3 (c) for separate consideration. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of June 3, 2014. 6.2 RATIFIED CHECK REGISTER DATED May 29, 2014 through June 11, 2014 totaling $1,732,701.95. 6.3 CONTRACT EXTENSIONS FOR COMMUNITY SERVICES DEPARTMENT: (a) AUTHORIZED TO EXCEED THE CITY MANAGER'S PURCHASING AUTHORITY OF $25,000 TO EXTEND VENDOR SERVICES FOR SENIOR AND ADULT EXCURSIONS PROVIDED BY INLAND EMPIRE STAGES LIMITED, IN AN AMOUNT NOT - TO -EXCEED $70,000 FOR FY 2014-15. (b) APPROVED AMENDMENT NO. 4 TO, THE AGREEMENT WITH ACCESS CONTROL SECURITY TO EXTEND THE CONTRACT PERIOD TO JULY 1, 2014 THROUGH JUNE 30, 2015 IN THE AMOUNT NOT -TO -EXCEED $35;000. (d) APPROVED AMENDMENT NO. 4 TO THE CONTRACT WITH WEST . COAST ARBORISTS FOR CITYWIDE TREE MAINTENANCE AND WATERING SERVICES FOR THE 2014-15 AND 2015-16 FISCAL YEARS IN THE AMOUNT NOT -TO - EXCEED $233,439 EACH FISCAL YEAR. JUNE 17, 2014 PAGE 6 CITY COUNCIL (e) APPROVED AMENDMENT NO. 6 TO THE CONTRACT WITH TENNIS ANYONE TO AUTHORIZE A $6,000 INCREASE IN THE CONTRACT TO AN AMOUNT NOT -TO -EXCEED $62,000 FOR FY 2013-14. (fl APPROVAL OF CONTRACT WITH CALIFORNIA CONSERVATION CORP (CCC) FOR FY 2014-15 IN THE AMOUNT NOT -TO -EXCEED $40,000 TO COMPLETE TRAIL REPAIR AND BRUSH CLEARANCE SERVICES THROUGHOUT THE CITY. (g) APPROVAL OF ASSIGNMENT OF WEEDS AND LITTER. ABATEMENT CONTRACT FROM LANTERMAN DEVELOPMENTAL CENTER TO SOCIAL VOCATIONAL SERVICES. 6.4 APPROVED AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT WITH DIANA CHO AND ASSOCIATES FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT ADMINISTRATION SERVICES ($23,963) FOR FY 2014-15. 6.5 APPROVED AMENDMENT NO. 4 TO THE CONSULTING SERVICES AGREEMENT WITH SJC3 CONSULTING IN THE AMOUNT OF $20,000 TO ADMINISTER THE CITY'S HOME IMPROVEMENT PROGRAM (HIP) FOR FY 2014-15. 6.6 ADOPTED RESOLUTION NO. 2014-25: APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; AWARDED A CONSTRUCTION CONTRACT FOR THE MEDIAN MODIFICATION PROJECT ON DIAMOND BAR BOULEVARD AT KIOWA CREST DRIVE IN THE AMOUNT OF $35,222.30 TO CARVAJAL TRUCKING & TRACTOR, INC.; AND, AUTHORIZED A CONTINGENCY AMOUNT OF $3,525 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $38,747.30. 6.7 ADOPTED RESOLUTION NO. 2014-26: ESTABLISH PAYMENT FUND AND APPROVING PLANS AND SPECIFICATIONS; AWARDED THE CONSTRUCTION CONTRACT FOR THE CASTLE ROCK ROAD AND CROOKED CREEK DRIVE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM PROJECT TO CARVAJAL TRUCKING & TRACTOR, INC. IN THE AMOUNT OF $29,366.85; AND, AUTHORIZED A CONTINGENCY AMOUNT OF $3,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $32,366.85. JUNE 17, 2014 PAGE 7 CITY COUNCIL 6.8 ADOPTED RESOLUTION NO. 2014-27: ESTABLISH PAYMENT FUND AND APPROVING PLANS AND SPECIFICATIONS; AWARDED CONSTRUCTION CONTRACT FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM PROJECT AT FOURTEEN (14) LOCATIONS, IN THE AMOUNT OF $131,138, TO TRAFFIC DEVELOPMENT SERVICES, INC.; AND, AUTHORIZED A CONTINGENCY AMOUNT OF $13,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY, MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $144,138. 6.9 APPROVED CONTRACT WITH THE REGIONAL CHAMBER OF COMMERCE — SAN GABRIEL VALLEY, FOR FY 2014-15 IN AN AMOUNT NOT -TO -EXCEED $12,000. 6.10 APPROVED CONTRACT WITH KEYSER MARSTON ASSOCIATES (KMA) TO PERFORM A MARKET OPPORTUNITIES STUDY FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $50,000. 6.11 APPROVED CONTRACT WITH KOSMONT COMPANIES TO PERFORM REAL ESTATE AND ECONOMIC DEVELOPMENT CONSULTING FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $30,000. 6.12 APPROVED A TWO-YEAR AGREEMENT (FY 2014-16) WITH ONLINE TRANSCRIPTION SERVICES IN THE AMOUNT NOT - TO -EXCEED $25,000 PER YEAR TO PROVIDE MINUTE SECRETARIAL SERVICES FOR THE CITY COUNCIL, COMMISSIONS AND COMMITTEES. 6.13 ADOPTED RESOLUTION NO. 2014-28: ESTABLISHING AN UNCLAIMED FUNDS POLICY IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 50050-50056. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.3 CONTRACT EXTENSIONS FOR COMMUNITY SERVICES DEPARTMENT: (c) APPROVAL OF AMENDMENT NO. 4 TO THE VENDOR SERVICES CONTRACT WITH D.H. MAINTENANCE SERVICES TO EXTEND THE JANITORIAL AND BUILDING MAINTENANCE SERVICES CONTRACT FOR THE LIBRARY, CITY HALL, DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER, AND PANTERA PARK ACTIVITY ROOM, FOR THE TERM OF JULY 1, 2014 TO JUNE 30, 2017 IN THE AMOUNT JUNE 17, 2014 PAGE 8 CITY COUNCIL NOT -TO -EXCEED $268,832 PER YEAR. C/Lyons asked why the Library is included for an annual amount of $43,325 when the facility is being run by the County and why the City would be paying for cleaning and maintenance. CM/DeStefano responded that the $43,325 is the allocated amount for maintenance of the library. This particular consent calendar item is for a three-year term which translates to $43,325 for each year over the next three years. The City of Diamond Bar was interested in expanding the size of the old undersized library facility on Grand Avenue. As part of the negotiation process with the County Librarian and with the assistance of Supervisor Knabe's office, staff looked at the cost for operating a brand new library that was physically two to three times larger than the existing library, which was a little less than 10,000 square feet. The actual leased space in the City Hall building is a little under 19,000 square feet, minus hallways, restrooms, the Windmill Room, etc. which brings the actual square footage closer to about a 26,000 square foot library facility. One of the significant interests of the library was the labor costs. A small library did not require as many personnel and the current j -shaped library requires additional personnel which added cost. The negotiating parties agreed that the County would pick up the necessary labor costs to support the new library and that the City would pick up the maintenance costs. Since the grounds and the building are owned by the City, the City felt it was the most appropriate use of its resources and contribution to ensure that the facility remained at the level and standards the City holds high for all of its properties. As part of the agreement for the library to come to the City Hall building and to expand their services and to take on additional labor costs, the City agreed to take on the maintenance responsibilities. Therefore, the City pays for the grounds maintenance as well as, the maintenance for the facility and the work D&H Maintenance does each and every day .throughout the day within the library and City Hall, per the agreement by the City Council, LA County Library and the LA County Supervisor's office guaranteeing a minimum 40 - year relationship. C/Lyons said that City is doing a very good job of maintaining the library which is a major improvement from the old library. JUNE 17. 2014 PAGE 9 CITY COUNCIL C/Lyons moved, C/Chang seconded, to approve Item 6.3 (c). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPTlTye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARING: 7.1 LIGHTING AND LANDSCAPE DISTRICTS 38, 39 AND 41. (a) ADOPT RESOLUTION NO. 2014-29: LEVYING AN ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR FISCAL YEAR 2014-15. (b) ADOPT RESOLUTION NO. 2014-30: LEVYING AN ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR FISCAL YEAR 2014-15. (c) ADOPT RESOLUTION NO. 2014-31: LEVYING AN ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR FISCAL YEAR 2014-15. CM/DeStefano stated that this evening's public hearing regarding Lighting and Landscape Districts 38, 39 and 41 is being considered during the annual meeting wherein the Council adopts a resolution that levies assessments for services provided within these districts for the 2014-15 Fiscal Year. These are assessments that were inherited by the City when it incorporated and the City has never increased the rates for these districts. There are a variety of services that are provided for the residents that are benefited by the fees associated with these districts. PWD/Liu reported that the first District is District No. 38 for which the Fiscal Year 2014-15 total annual budget is $367,237 of which $268,305 in assessment revenue is anticipated from the $15 per - parcel annual levy rate. Together with a budget of $98,932 from the General Fund, this approved budget will pay for the operation and maintenance costs in District No. 38. The landscape improvements to be made for this District include the citywide parkways and medians, which equates to a total maintenance area of 10.34 acres and the total number of parcels within the district is 17,887. Staff recommends that the assessment amount of $15 per - parcel to be confirmed and that the resolution levying the assessment for FY 2014-15 be adopted by the City Council. JUNE 17, 2014 PAGE 10 CITY COUNCIL District No. 39's Fiscal Year 2014-15 total annual budget is $279,237 of which $162,630 in assessment revenue is anticipated from the $130 per -parcel annual levy rate. Together with a budget of $116,607 from the General Fund, this approved budget will pay for the operation and maintenance costs in District No. 39. The landscape improvements to be maintained by this District are the mini -parks, slopes and open space areas, which equates to a total maintenance area of 60.45 acres and the total number of parcels is 1,251 for the neighborhood -specific assessment district. Staff recommends that the assessment amount of $130 per -parcel to be confirmed and that the resolution levying the assessment for FY 2014-15 be adopted by the City Council. District No. 41's Fiscal Year 2014-15 total annual budget is $223,537 of which $122,157 in assessment revenue is anticipated from the $220.50 per -parcel annual levy rate. Together with a budget of $17,000 from Prop A Safe -Park Funds and $84,380 from the General Fund this approved budget will pay for the operation and maintenance costs in this District. The landscape improvements to be maintained by District No. 41 are the slopes and open space areas, which reflects a total maintenance area of 15.6 acres. The estimated number of parcels within this District is 554. Staff recommends that the assessment amount of $220.50 per -parcel to be confirmed and that the resolution levying the assessment for FY 2014-15 be adopted by the City Council. PWD/Liu reiterated that all three districts were established by the County prior to the City's incorporation in 1989. Accordingly, the assessment rates that have been in place since 1989 have never been changed. In addition to staff, John Frederick, Assessment Engineer, the engineer who worked closely with staff to prepare the engineering report, is present this evening to respond to any questions the City Council may have. M/Herrera opened the Public Hearing at 7:20 p.m. Bill Holbrow asked if the engineers planned to continuewith this inherited and antiquated system or combine the three districts into one district. PWD/Liu explained that when these districts were created and the purpose was clearly established from the onset. Assessment District No. 38 was created so that the parkways and medians within the public right-of-way throughout the City could be maintained (Diamond Bar Boulevard, Grand Avenue and Golden Springs Drive). Assessment Districts No. 39 and 41 are much smaller districts and include mini -parks and open space, which JUNE 17, 2014 PAGE 11 CITY COUNCIL require maintenance, brush clearance, etc. These districts are in very specific neighborhood areas and the County, working very closely with the developers at the time, established these districts to maintain the open areas outside residential properties. Without this mechanism the private property owners would be responsible for the maintenance. There are different assessments for each of the districts. For example, every property owner in the City of Diamond Bar pays the $15 per -parcel annual levy rate which goes toward the operation and maintenance for the citywide medians and parkways. Only those living within Districts 39 and 41 pay additionally for their specific areas. For many years the City's General Fund has subsidized all three districts. CA/DeBerry responding to the question of incorporating three districts into one district stated that the problem is that under Prop 218 the property owners would have to vote to assess any additional properties. Assessments outside of areas where the property owners initially voted for these assessments cannot be assessed at any higher rates and the City would have to show that particular properties were benefitted by the property that is being maintained and a study would have to be completed to show that all properties were benefited by the landscape maintenance districts. He believes it would be very problematic to combine essentially two districts that were voted upon by two different property owner groups at the time, and where there was a study made showing there was a specific benefit to the properties within those districts. At this point, the entire process would have to be undertaken all over again and most likely go out to a vote to the property owners to establish the assessment. With no further public testimony being offered, M/Herrera closed the Public Hearing at 7:25 p.m. MPT/Tye said that when he moved to his property in 1982 he paid $15 for his assessment and 15 years later he is still paying $15. He asked for confirmation from staff that this is not a tax increase because that was a question he had from his constituents during his re-election campaign. CM/DeStefano responded that this is not a tax increase. This is the same rate that has been in the City since and prior to incorporation. MPT/Tye asked what would happen if the Council failed to take the action that staff is recommending. CM/DeStefano responded that if the Council did not take the action staff is recommending there would be no assessment on the next JUNE 17. 2014 PAGE 12 CITY COUNCIL E. tax bill that would go out to the residents in Diamond Bar and those costs would be bourne by the City's General Fund because the City would presumably wish to continue maintaining the medians, roadways and lighting in arterial streets and presumably wish to maintain the parks, common areas, hillsides and pursue other benefits that have been received in Districts 39 and 41 at the anticipated level of service — again, those costs would be bourne solely by the City's General Fund. MPT/Tye said that while the Lighting and Landscape Districts have not seen a Cost of Living type of increase over 25 years, they do not pay for themselves and the City dips into its General Fund for an amount in excess of $200,000 to maintain the three districts by passing the resolutions. If the resolutions were not passed, the hit to the City's General Fund would be triple the $200,000. M/Herrera moved, C/Lyons seconded, to adopt Resolution No. 2014-29, Resolution 2014-30 and Resolution No. 2014-31. C/Chang said she understood MPT1Tye's concern and quest for clarification. During her campaign for re-election her response to residents when asked if this was a tax increase, was that for any increase to occur a Prop 218 process would have to be undertaken and the City has not asked for any increase in the levies. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None COUNCIL CONSIDERATION: 8.1 CONSIDERATION OF DESIGN OF SITE D PUBLIC PARK AND RECOMMENDATION FOR THE NAME TO BE DIAMOND CANYON PARK. CM/DeStefano stated that this item was presented to the City Council on May 6 at which time the Council asked staff and the affected neighborhood to discuss certain issues in more detail. CSD/Rose stated that this item was presented to the City Council for approval at its May 6 meeting. The City Council approved the portion of the concept plan east of the Brea Canyon Channel and directed staff to conduct a neighborhood meeting to discuss options JUNE 17, 2014 PAGE 13 CITY COUNCIL for the portions of the park area west of the channel. In addition, the City Council directed staff to research park names related to the history of Diamond Bar. Staff conducted the neighborhood meeting on May 29 at Heritage Park Community Center which was attended by about 50 area residents. During the two hour meeting there was much discussion about the parking lot, traffic considerations and park amenities. The meeting resulted in a general consensus to support the original concept plan presented to the City Council on May 6. In addition, after reviewing 11 potential park names offered by staff, residents strongly supported "Diamond Canyon Park" to be the name of the park. With respect to the discussion of the parking lot, according to the Americans with Disabilities Act, accessible parking for the handicapped must be included as an element of this park project. At other city -owned parks in Diamond Bar, neighborhood parks without parking lots have accessible parking spaces marked on the adjacent residential streets. These parks include Starshine, Washington and Silver Tip. Parking on the streets adjacent to Site D is not recommended; therefore, staff believes a parking lot is required at the location. After receiving input from the City's Traffic Engineer, it was determined that the best driveway location was along Brea Canyon Road as far from the Diamond Bar Boulevard intersection as possible. The consensus at the neighborhood meeting was to keep the parking lot in its proposed location with the configuration contained in the concept plan presented to Council on May 6. This plan strikes a balance between the residents' desire to keep the amenities as planned for the west side of the park and keeps the cars of the park visitors off of the residential streets. Another issue that was discussed during the neighborhood meeting was gate access from Castle Rock Road, which was to include the. gate at the cul-de-sac as originally recommended .on the May 6 concept plan. However, staff agrees with residents' concerns that it is important to keep park visitors from parking along the narrow Castle Rock Road. So, the consensus at the meeting was to install a lockable gate between Castle Rock Road and the park, and have staff or the maintenance contractor lock and unlock the gate each day. At other City facilities that operate similar to this proposed park such as the Skate Park, the City's field attendant who is on duty seven days a week locks the gate at night and the maintenance contractor who is also on duty seven days a week unlocks the gate in the morning. JUNE 17, 2014 PAGE 14 CITY COUNCIL Staff recommends approval of the Site D Concept Plan as presented and adoption of the name "Diamond Canyon Park". C/Lyons asked if a recycle trash container would be included with the regular trash container as part of the amenities. CSD/Rose responded that there will be trash receptacles throughout the park and recyclable trash cans will be included in at least two locations east and west of the channel. M/Herrera invited public comment. With no one present who wished to speak on this matter, M/Herrera closed public comments. CA/DeBerry responded to M/Herrera that the items could be considered as one for purposes of voting. C/Chang moved, C/Tanaka seconded, to approve the concept plan for Site D and approve the park name to be "Diamond Canyon Park" as recommended by staff. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 (A) ADOPT RESOLUTION NO. 2014-32: APPROVING THE 2014 CITYWIDE SPEED ZONE SURVEY AS AMENDED BY COUNCIL: AND, (B) APPROVE FOR FIRST READING BY TITLE ONLY, WAIVE FULL READING OF ORDINANCE NO. 06(2014): AMENDING SECTION 10.12.310 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO PRIMA FACIE SPEED LIMITS FOR SPECIFIED CITY STREETS. CM/DeStefano said that the time had come for the City Council to review and consider a new Speed Zone Survey that establishes speed limits on specified city streets. It has been awhile since this has been done and it is necessary that the City Council consider and take action this evening on the survey. At the conclusion of SCE/Young's presentation, the City Council has two items to consider: 1) Adoption of a Resolution and 2) First Reading by Title Only of an Ordinance. JUNE 17, 2014 PAGE 15 CITY COUNCIL SCENoung stated that in order to legally establish and enforce speed limits, the California Vehicle Code requires that speed limits be developed on the basis of a Traffic and Engineering Speed Zone Study. A variety of criteria are considered in this process including prevailing vehicle speeds, accident records, traffic volumes, roadway design, pedestrian traffic and other conditions not readily apparent to motorists. The approved methodology requires local authorities to establish speed limits on street and highway segments in five (5) mile -per -hour increments at or near the speed that 85 percent of drivers travel on a particular street or highway segment (the 85th Percentile Speed). On August 3, 2004, the City Council approved the last Speed Zone Study establishing the existing speed limits on City streets. In anticipation of the 2004 study reaching its 10 -year term on August 3, 2014, staff worked with the City's Traffic Engineer and Consultant, Warren C. Siecke, who resurveyed the City's entire roadway network to complete a new Speed Zone Study which has been included as part of the Council's agenda packet this evening. Also included in the packet is a map showing the proposed speeds that the study established. The study recommends existing speed limits to remain unchanged based on the 85th Percentile Speed that was surveyed with the exception of the following 10 streets as were shown on the screen and in Council's packets. The majority of the streets are proposed to have decreased speed limits; however, there are three streets the study identified to have increased speed limits which are Brea Canyon Road between Via Sorella and Pathfinder Road; Golden Springs Drive between Lemon Avenue to 900 feet west of Gona Court; and, Valley Vista Drive between Copley Drive and Bridge Gate Drive. Staff agrees with the proposed speed limit changes with the exception of Brea Canyon Road between Via Sorella and Pathfinder Road and Valley Vista Drive between Copley Drive and Bridge Gate Drive and based on the existing roadway characteristics, input from the Sheriff's Department and local knowledge of driver behavior, staff recommends maintaining the existing speed limits on those two segments. If Council concurrence is achieved, staff recommends that the City Council adopt the Study presented by the City's Traffic Consultant with proposed speed limit changes for all segments except for the segments of Brea Canyon Road between Via Sorella and Pathfinder Road and Valley Vista Drive between Copley Drive and Bridge Gate Drive. As discussed, staff proposes that speeds on these two segments remain unchanged. The recommendation before Council tonight is to adopt Resolution No. 2014-32, approving the 2014 Citywide Speed Zone Survey as amended by City Council and approve for First Reading by Title JUNE 17. 2014 PAGE 16 CITY COUNCIL Only, Ordinance No. (06) 2014 amending Section 10.12.310 of the Diamond Bar Municipal Code regarding Prima Facie Speed Limits for specified City streets. MPT/Tye asked how the reduction of speed issue would be handled by law enforcement on August 1. CA/DeBerry said that the street would have to be posted for the lower speed limit in order to be enforced and it would be enforced as if the speed limit was 40 mph irrespective of how fast one was used to driving (85th percentile), irrespective of what the speed limit was in the past (45 mph), and a reduction in speed limit enforcement issue would be applied at the reasonable discretion of the Sheriff's Department. One instance in which he has experienced some enforcement leeway is when stop signs suddenly appear on streets where there were previously no stop signs. In those cases the Sheriff's Department determines whether the enforcement will be "educational" or whether a citation will be issued. M/Herrera asked for public comment. Lew Herndon asked what the costs will be for replacing signs. PWD/Liu responded that the costs would be nominal for replacing a few existing signs. The average cost per sign is about $200 each and the cost will be paid using existing maintenance resources. M/Herrera asked Counsel if A&B should be considered separately or together. CA/DeBerry responded that since A is a Resolution and B is an Ordinance, the items should be considered separately. MPT/Tye moved, C/Lyons seconded to approve Resolution 2014- 32, approving the 2014 Citywide Speed Zone Survey as amended by Council. Motion approved by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MPT/Tye moved, C/Tanaka seconded, to approve for First Reading by Title Only, waive full reading of Ordinance No. 06(2014): Amending Section 10.12.310 of the Diamond Bar Municipal Code relating to prima facie speed limits for specified City streets. Motion JUNE 17, 2014 PAGE 17 CITY COUNCIL carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye,M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.3 APPROVAL OF WINDMILL EASEMENT AND MAINTENANCE AGREEMENT. CM/DeStefano stated that there are many people in this community that have, for quite a number of years, believed that the historic windmill located on the property where the Ralph's Grocery Store was previously located was owned by the City of Diamond Bar or at the very least believed somehow that the windmill was under the City's stewardship, which has not been the case. The windmill is a privately held property and resource that was relocated to its current site when the shopping center was built about 40 years ago. Within the last couple of years a new property owner who provides maintenance for that and another shopping center in Diamond Bar headed by Super H Mart, has maintained ownership of the entire shopping center. The company, The Retail Opportunities Investments Corporation, was interested in refurbishing the shopping center, adding new tenants and becoming good corporate citizens in the community and took the opportunity to work with staff on securing the City's ownership or control of the windmill and its property. A variety of opportunities were discussed with the CEO of the ROI Corporation, who came to an understanding with staff whereby the ROI Corporation would grant the City an easement and a maintenance agreement for the windmill. Before Council this evening is the windmill easement and maintenance agreement that resulted from those discussions and understandings. What this agreement does is provide for, in theory in perpetuity, but by the details in 25 -year increments with automatic renewal, the maintenance and control of the windmill, which would allow the City to be responsible for the upkeep and maintenance of the windmill as well as, the property on which the windmill sits. The easement runs with the land so should there be a sale of the property in the future, the City would continue to maintain the easement and maintenance agreement for the windmill. Since the City has not been maintaining the property, staff looked at the condition of the windmill to determine what work would need to be done immediately and what work would be required on an annual basis. Fundamentally at this time, it needs some structural JUNE 17, 2014 PAGE 18 CITY COUNCIL repair and/or replacement including the platform at the top of the windmill, which is used to maintain the windmill. There needs to be a fresh coat of paint on the windmill and to maintain the character it would be a distressed look that would deal with any present and future rust issues. The lighting needs to be enhanced to light up the entire windmill. Staff believes the initial investment would be about $5,000 and the work would be performed by City maintenance staff. On an annual basis, the property would need to be inspected, moving elements would need to be greased and those items would most likely amount to $1500 or less on an annual basis. The agreement which was negotiated between City Staff and the Property owner, is for the windmill and the base of the windmill comprised of a concrete pad with lighting. Staff would ask that the Council consider the proposal and approve the recommended action that would result in the City's permanent stewardship of the windmill as an historic asset. M/Herrera asked for public comments. With no one present who wished to speak on this item, M/Herrera closed public comments. MPT/Tye moved, C[Tanaka seconded, to approve the Windmill Easement and Maintenance Agreement as recommended by staff. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang said that as usual, residents can follow her on Twitter, Facebook, Foursquare and Instagram. She thanked Captain Scroggin and Lt. Tachias for their great work on behalf of the City with a 32.6 percent reduction in crime. She hoped everyone would join in the Concerts in the Park and Movies under the Stars tomorrow night and for the rest of the season. C/Tanaka reported that on Wednesday, June 4 he attended the promotion ceremony at Armstrong Elementary School. Congratulations to the sixth grade students who will move on to middle school in the fall. That evening he attended the last meeting for the American Cancer Society's Relay for Life and that Friday he participated in setting up the site for the Lions and JUNE 17, 2014 PAGE 19 CITY COUNCIL Leo's roaring team. Saturday June 7 and 8 he attended the Relay for Life at Lorbeer Middle School and congratulated Mr. and Mrs. Paul Medina on their marriage at the end of the relay. On June 10 he attended the Diamond Bar Senior Citizens Club Father's Day Luncheon. June 12 he attended the fundraising breakfast at the Boys and Girls Club of Pomona Valley. On June 16 he attended the LA County Fair's Junior Fair Board Advisory Committee meeting and on Friday, June 13th he attended the Tiny Tot's graduation at Pantera Park and Heritage Park. He thanked CSC/Meyers for coordinating the program and event and a special thank you to the teachers. He wished his wife Wanda a Happy Anniversary celebrating 42 years of marriage. C/Tanaka asked that tonight's meeting be adjourned in memory of James Farmer, long time Diamond Bar resident and 20 -year member of the Diamond Bar Lions Club and offered his condolences to his wife Emma and the family. C/Lyons congratulated C/Chang on winning one of the top two spots to move on to the general election. She is very happy that staff figured a way to get control of the windmill and looks forward to it being upgraded and beautified. She also appreciated the update on the crime statistics and appreciates the Department's efforts. She again asked staff to consider a flag retirement ceremony for Diamond Bar as is done in other cities perhaps to take place during the Veterans' Day Celebration or during the 4th of July celebration, as a way for residents to bring their flags in to be handled in a respectful manner. MPT/Tye said that last Thursday he represented the City as its Delegate at the Vector Control District. As the Sheriff said it is important that if a resident sees something that does not look right, so it is with Vector Control dealing with the Asian Tiger Mosquito, it is very, very important with the heat and standing puddles of water that when a resident comes upon this type of scenario that he or she call Vector Control so that the situation can immediately be addressed. He asked staff to put together information for the Council's consideration about political signs in Diamond Bar. As an example, the City of Chino Hills has an ordinance that says that candidates must post a $250 fully refundable deposit to ensure the proper placement and timely removal of the signs and was shocked to find the ordinance included private property. There are candidates that have signs in the City that do not live here that did not win and he is not confident that they will be coming to Diamond Bar to pick up those signs - so part of the regulation he liked in Chino Hills was a $20 fee per sign for removal of illegally placed political signs and signs not removed within 10 days following the election. He wished his wife Patty a Happy 38th Anniversary in nine days. JUNE 17, 2014 PAGE 20 CITY COUNCIL M/Herrera thanked the Sheriff's Department for the presentation tonight and thanked the members for all that they do. Criminals are being apprehended. Recently, three men who were recently apprehended, will receive prison sentences for the rooftop bank heists, two of which occurred in Diamond Bar. She especially thanked the Sheriff's Department for capturing these criminals and letting everyone know that Diamond Bar has zero tolerance for crime. M/Herrera also thanked the Fire Department for the "hands -only" CPR session outside of the library a couple of weeks ago. She signed up, completed her demonstration and received her certificate. CPR is a very important thing to learn and teaching the kids in the library about CPR was also very important because no one knows when they might be called upon to assist in saving a life which sometimes children are called upon to do. She congratulated C/Chang for winning top vote for Assembly and wished her success as she moves on to the general election. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council Meeting at 8:05 p.m. in memory of James Farmer. J T`OMMY CRIBBINS,CITY CLERK The foregoing minutes are hereby approved this 1st day of JulY 2014. CAROL HERRERA, MAYOR