HomeMy WebLinkAbout09/17/17 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
SEPTEMBER 19, 2017
STUDY SESSION: M/Lin called the Study Session to order at 5:50 p.m. in
Room CC -8 of the South Coast Air Quality Management District/Government
Center, 21865 Copley Drive, Diamond Bar, CA 91765.
ROLL CALL: Council Members Herrera, Lyons, Tye, Mayor Pro Tem
Low and Mayor Lin
Staff Present: Dan Fox, City Manager; David DeBerry, City Attorney;
Ryan McLean, Assistant City Manager; David Liu, Public Works Director; Greg
Gubman, Community Development Director; Dianna Honeywell, Finance Director;
Ken Desforges, IS Director; Kimberly Young, Senior Civil Engineer; Anthony
Santos, Assistant to the City Manager; Cecilia Arellano, Public Information
Coordinator; Amy Haug, Human Resources Manager, and Tommye Cribbins, City
Clerk.
Also Present: Jared Boigon with TBWB and Richard Bernard with
Fairbanks, Maslin, Maullin, Metz & Associates.
► PUBLIC OPINION SURVEY RESULTS DISCUSSION:
Richard Bernard, with Fairbank, Maslin, Maullin, Metz & Associates,
provided Council with a Power Point presentation outlining the survey results
that were gathered of registered Diamond Bar voters. His firm conducted a
Dual Mode Survey between August 4 and 13, 2017 among 473 persons both
online and by telephone (350 online, 123 telephone) who are likely to vote
in the November 2018 General Election.
C/Tye asked if there was any overlap
Mr. Bernard stated that if individuals happened to respond more than once
the first response was taken and in order to take the survey online you had
to be invited.
Mr. Bernard indicated that the overall margin of error was plus/minus 5.2%
for a full sample and plus/minus 6.4% for half samples. The telephone
survey was done in English, Chinese and Korean and people answered
accordingly.
Mr. Bernard summarized the survey results indicating that 45% of
respondents felt the City was on the Right track, 1/3 were Mixed,10% felt the
City was on the Wrong track, about and, 12% did not know enough to offer
an opinion. In this case, the Wrong Track is extremely low. He has seen that
much higher in other surveys which to him speaks to the fact that people are
generally happy.
C/Tye asked what the average Wrong Track number might be.
SEPTEMBER 19, 2017 PAGE 2 CC STUDY SESSION
Mr. Bernard responded that he has seen it up to 45-50%. In the case of
"Maintaining City Facilities" which are trails, parks, etc. 76% have a favorable
view and 18% said fair/poor which suggests that some people who say only
"fair" mean average and that it is not necessarily negative. Providing
Services to Local Residents 65% favorable to 27% fair with 7% poor.
Managing the City's budget and finances came in slightly lower than the
others. However, only fair and poor are relatively low which indicates that a
plurality do not know what the City is doing with the money. It does not
matter that the City is transparent by putting everything online because
people are busy and have to trust that the City will use its money correctly.
40% of respondents said they felt "very safe", 45% said "somewhat safe" for
a total of 85% who responded "safe." Only 14% said "somewhat or very
unsafe. He encouraged the City that while 85% is good, you would always
want to strive for more with everyone feeling safe. These numbers are very
high relative to many cities, certainly in LA County.
C/Tye asked how people could answer questions if more funds are needed
if people don't know what the City does with the funds.
Mr. Bernard said that people can still have a perception. They may not know
the details. In terms of Great need being at 10%, is extremely low. 35%
said "some need and 45% said "great or some need" which says to him that
while the City is looking for a 50 plus1 measure, residents don't believe the
City needs money.
It is important to present it as "maintaining or improving essential City of
Diamond Bar services including sheriff protection, traffic flow, safety
improvements, neighborhood safety, local park trails, programs for youth
and seniors and other services.
M/Lin asked if the $1.3 million annual figure was total annual or additional
revenue.
ACM/McLean said that it was the total annual amount.
M/Lin said the title should say how much additional would be generated
annually.
Mr. Bernard stated that the City Attorney will have to approve the final
wording.
Mr. Bernard continued by stating that after the resident hears the proposed
ballot measure the surveyor then asks if on election day people would vote
"yes in favor" or "no as opposed." At this point the survey 67% for "yes",
29% "no" and 4% "undecided." Mr. Bernard said that he is much more
interested in the "definitely" being a probably, because the "leans" will
SEPTEMBER 19, 2017 PAGE 3 CC STUDY SESSION
generally cut to the "no" — so the survey is at 67 percent on the definitely yes
and probably yes and for a 50 plus 1. He would say that the Council needs
to do its due diligence and listen to the experts about what to do, but it is a
really promising start.
C/Tye thought it needed a two-thirds vote to pass.
Mr. Bernard explained that it is two-thirds if it is a dedicated measure.
However, this would be a consolidated measure for the November 2018
election which has public safety, roads, youth and senior programs and other
services is 50 plus 1. The money can legally go into the General Fund and
the Council will decide how the funds will be dispersed. These are items
where the money "could" go because these are general fund projects and it
is general tax as opposed to a special tax and it is coming on the City election
which is critical.
The surveyor then presented a list of 49 features or provisions that could be
included in the ballot measure and said to the resident that regardless of
whether you are voting yes or no, if the measure passes, how important
would it be to include this item in the measure? Of the 49 features and
provisions (accountability items) seven are in the 90's "Extremely or Very
Important", 14 in the 80's, 11 in the 70's and what this tells him is that the
City is very much on the same page as voters in terms of priorities. He
pointed out that as one goes down the first list almost all but not all are
disproportionately "Public Safety" related. Mr. Bernard reiterated that he
rarely gets in the 90's and Diamond Bar has so many of these in the 90's
and the intensity of the Extremely Important are in the 60's in some of these
items.
C/Tye said he sees rankings that lead him to think it is extremely important
to maintain 911 services and rankings that neighborhoods need to be kept
safe. Why in the world would one of the questions be "increasing the
Transient Occupancy Tax paid only by hotel guests from 10 to 14 percent?"
Mr. Bernard responded by stating that what he tries to see how and why they
are reacting the way they are. Clearly, everyone wants something but they
don't want the "tax" and that's not the strongest component. With the
package of things the Council could potentially fund overwhelms the fact that
they do not like the tax which they are not paying.
C/Tye said that what he outlined that is extremely important could be funded.
Increasing the Transient Occupancy Tax is not being "funded."
Mr. Bernard said it is "features and provisions" of the measure so while it
includes accountability and the tax portion it also talks about the "features"
as part of the data collection exercise. He said he rarely sees a high number
SEPTEMBER 19, 2017 PAGE 4 CC STUDY SESSION
on "tax" when it is isolated, but sandwiched around all of the things the
residents will get for it with the accountability, it does quite well.
Maintaining roads and preventing potholes" and clearly, transportation is an
important issue in this community.
Maintaining essential City services was at 83%. Half the sample preferred
that. The other half of the sample were "improving essential City services"
which is at 67%. There is a 16% differential in terms of "extremely" and
,'very important" in terms of maintaining or improving. This is not unique to
Diamond Bar. Particularly in cities where people are happy with what is
going on they think well, there are things that can be improved, but I don't
want you to spend the emphasis on "improving" because it sounds
extravagant. They want to make sure that what they have is maintained
which is important for this Council to know.
Some of the lower scoring items such as "providing additional tennis and
basketball courts for youth sports and senior recreation" is a factor based on
whether or not you have kids and "building an additional community center"
clearly in their minds is not a big item.
Council cannot advocate, it can only educate. So the surveyor introduced
some education statements that staff felt comfortable with that could be said
in terms of talking about what is going on in the City and any kind of ballot
measure.
Property Crime was number one along with making sure Quality of Life is
good and ensuring property values. Those are important to this community.
After hearing what the money could be used for and the accountability
provisions that could be included, the surveyor re -asks the question. The
response moves up 6 points overall for the total "yes" but what is really great
is that the "definitely yes" moves up to 52 percent! Diamond Bar needs a 50
plus 1 measure and it is at 52 percent "definitely yes" is amazing.
C/Lyons said she felt that the positive results had to do with that people
would not be paying for the tax.
Mr. Bernard agreed and stated that he does not minimize that at all, but he
has also seen some TOT's that have not been successful.
C/Tye asked for more detail on the number of surveys. Through this
process, 473 individuals were contacted and he asked if 10 times that
amount could be contacted without the results varying that much.
Mr. Bernard stated that Diamond Bar contracted for between 300-400
surveys and he wasn't sure he could get many more than that because of
SEPTEMBER 19, 2017 PAGE 5 CC STUDY SESSION
the small population compared to other cities. Diamond Bar residents
wanted to give their opinion.
MPT/Low asked if 400 was a reliable sample.
Mr. Bernard said yes because it is random and because they are monitoring
the demographics to make sure they match the likely November voters. If
the Council is concerned or worried about the margin -of -error, look at the
fact that the surrey is at 67%. So with a margin of error of plus/minus 5.2 or
6.0 that equates to 61% which puts the City in a very comfortable position
and that as he previously stated, he feels that if the City does the right things
it can be there.
If it was 50%, he would say it could go either way and the City would be
taking an even greater chance. Cities are always taking a chance but the
risks are minimized by doing this type of survey.
C/Tye asked how the Council could rebut opposition from individuals who
might use this as a "candidate for Council" issue.
Mr. Boigon with TBWB said that as critics pop up there will be strong City
information to support the need.
Timeline moving forward to the November 2018 election:
Mr. Boigon provided a timeline and overview to help ready the ballot
measure which includes public education and information and providing help
to prepare an actual ballot measure. The Feasibility Study has been
completed by FM3 and tells the Council that clearly, a TOT Measure is
feasible with a high probability for a successful measure. Between now and
the time the Council needs to make its final decision by next summer about
placing this measure on the November 2018 ballot, there is time to
communicate to voters and to build a measure/ordinance that matches
priorities consistent with the law of a general tax. The immediate next steps
through fall, winter and into the spring include public education and
engagement where the City begins to lay out in a factual way why the City
has some need for money and what the City would do with the money.
His team will begin working with ACM/McLean and his team to put together
fact -based informational materials to begin filling in some of the blanks for
the residents so that when Council Members are asked questions they can
refer to the material and provide handouts to answer questions. Going into
the spring of 2018 the City will conduct informational outreach and gather
feedback from residents. An informational mailer will be sent to all registered
voters in Diamond Bar outlining the City's needs which will include a tear -off
and online survey to get residents' feedback on spending priorities. This
process is not looking for statistically valid data but for conversations with
SEPTEMBER 19, 2017 PAGE 6 CC STUDY SESSION
the community to hear people's concerns so that if it might become a big
problem Council would want to know about it prior to making its final decision
as to whether to put this on the ballot.
About the beginning of the next fiscal year the ordinance calling the
November election will be finalized and prior to August 10, 2018 the City
Council will vote to adopt an ordinance placing the TOT measure on the
November 6, 2018 ballot.
C/Tye asked what that means for Diamond Bar's TOT measure being at the
end of the November 2018 ballot.
Mr. Boigon stated that is why all of the information imparted and energy
spent over the next few months is so important. Diamond Bar needs to do
a good job educating and having those conversations with its voters so that
this ballot becomes a very easy, obvious choice. There are a lot of early
voters in this community and if Diamond Bar does a good job with education
and information it will be non -controversial so the voter can act on the
measure and move to other more complex questions.
Mr. Bernard stated that the other advantage is that when the measure is at
the end of the ballot it is easy to direct people there. It is harder to direct
people if you're #8 or #9 and there are ways to make sure that is done
correctly.
Mr. Boigon thanked CA/DeBerry for reviewing the guidelines for City
involvement. Campaigns can advocate — cities cannot advocate so the
educational materials that go out to voters will follow appropriate guidelines
to be consistent with the law of city involvement regarding ballot measures.
M/Lin asked about the TOT going from 10 to 20% instead of 10 to 14% and
whether the survey would get the same answer.
Mr. Bernard said he was not comfortable to say it would result in the same
answers because for some people there is a "tax tolerance" and he would
say that would have needed to be tested. 20% sounds like a lot even if
residents are not paying for it.
ACM/McLean added that such an increase would outpace surrounding
areas.
C/Tye asked how staff came up with 14%.
ACM/McLean said that it varies from city to city and that was a number that
is on the mid to high range. The idea was that it would give the Council an
opportunity to pick within the range. Diamond Bar is currently at 10% and
SEPTEMBER 19, 2017 PAGE 7 CC STUDY SESSION
14% is a 40% increase in revenue which gives the Council room to work
should it decide to be somewhere in the middle.
Mr. Boigon said he believes the polling suggests that the percentage could
go higher but he believed that 20% was a big jump and there is a
psychological effect about something doubling.
Mr. Bernard felt that there would be some loss with every percentage
increase but he would also look comparatively at rates in neighboring cities.
Public Comments: None.
ADJOURNMENT: With no further business to come before the City
Council, M/Lin recessed the Study Session at 6: 4 p.m. to tbe Regular Meeting.
Tom ye Cribbins, City Clerk
The foregoing minutes are hereby approved this 3rd day of October
201
i
Jimmy Cin Mayor
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
SEPTEMBER 19, 2017
CLOSED SESSION
5:15 p.m., Room CC -8
Conference with Legal Counsel —Anticipated Litigation, Government Code Section
54956.9 One (1) Potential Case
Public Comments: None Offered.
STUDY SESSION: 5:50 p.m.., Room CC -8
Public Opinion Survey Results Discussion:
Public Comments: None Offered.
CALL TO ORDER: Mayor Lin called the Regular City Council meeting to
order at 6:39 p.m. in the South Coast Air Quality Management District/Government
Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
CA/DeBerry stated no reportable action was taken during tonight's Closed Session.
However, he noted that there is an item 6.8 on the City Council's agenda wherein a
request is being made that the City Council retain the law firm of Sheppard, Mullin,
Richter & Hampton to look into whether or not the City of Industry's proposed purchase
of the Tres Hermanos property, much of which lies within the City of Diamond Bar's
jurisdictional limits is in compliance with state law, determine how that purchase might
impact the City's interest and, if necessary, to file litigation challenging that approval.
CM/Fox then reported that during tonight's Study Session, Council received a report on
the results of a Public Opinion Survey that was conducted by TBWB Strategies, the
City's consultant team, which was engaged to do a scientific survey related to the
potential for a ballot measure being placed on the November 2018 election for an
increase to the Transient Occupancy Tax (TOT). The results of the survey generally
indicated that there was broad support for such a ballot measure. The survey was
conducted between August 4th and August 13th of this year and was completed by
random surveys of persons that are most likely to vote in the November 2018 election.
Based upon that result, staff will continue to put together educational materials and
provide information to the community moving forward to the election. No decision on a
ballot measure is before the City Council at this time. The Council has until August of
2018 to determine the contents of a ballot measure. Council will be updated as staff
moves forward.
PLEDGE OF ALLEGIANCE: Councilmember Lyons led the Pledge of Allegiance.
INVOCATION: Cantor Paul Buch, Temple Beth Israel Church
provided the invocation.
ROLL CALL: Council Members Herrera, C/Lyons, Tye, and Mayor
Pro Tem Low and Mayor Lin
SEPTEMBER 19, 2017 PAGE 2 CITY COUNCIL
Staff Present: Dan Fox, City Manager; David DeBerry, City Attorney; Ryan
McLean, Assistant City Manager; Ken Desforges, IS Director; David Liu, Public Works
Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development
Director; Amy Haug, Human Resources/Risk Manager; Kimberly Young, Senior Civil
Engineer; Anthony Santos, Assistant to the City Manager; Alfa Lopez, Sr. Management
Analyst; Danette Allen, Management Analyst; 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/Lin and Councilmembers presented a Certificate Plaque to Owner Jung
Shug and his daughter Min Shum recognizing B.R.B. Restaurant, 1361 S.
Diamond Bar Boulevard as New Business of the Month.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Fox announced that Sprouts is scheduled to open on October 11th. The City
welcomes Sprouts and wishes them much success.
3. PUBLIC COMMENTS:
Pui Ching Ho, Diamond Bar Library, announced that the library will have a series
of events celebrating 40 years of service to the City of Diamond Bar. On
September 3011 at 3:00 p.m. the Harbor Jazz Ensemble's Little Big Band will
provide an engaging concert for all ages. Please join the library for its birthday
party on Saturday, October 7th at 2:00 p.m. with many activities and historical
photo presentation. Exhibits will run during library hours from October 7th to
October 14th. These programs are sponsored by the Diamond Bar Friends of the
Library which will hold their annual book sale on Saturday, September 23 from
9:00 a.m. to 3:00 p.m. in the Windmill Room next to the Library. Books will sell
for $1 per bag and participants are asked to provide their own bags.
C/Lyons mentioned that currently, the Diamond Bar Library is the busiest library
with the most circulation in the entire Los Angeles County. Pui Ching Ho
manages a very busy library and always finds time to come to a Council meeting
to let everyone know what is going on and the City appreciates her service to the
community. Congratulations to Pui Ching Ho and the Diamond Bar Library!
Ivan De Herrera, International Brotherhood of Electricians Local 11 Los Angeles
stated that he had read recently about a possible solar field being built in this
area and felt it was very important that Diamond Bar pass resolutions to create
jobs and not lawsuits.
SEPTEMBER 19, 2017 PAGE 3 CITY COUNCIL
13
5.
Francisco Arago, IBEW Local #11 said that his union has existed since 1891 and
have over 900,000 members and is looking forward to a solar project.
Mario Barragan, a 23 -year member of IBEW, an organization that represents
over 12,000 members in LA County Local #47 is located off of Diamond Bar
Boulevard and represents about 10,000 members and is also in favor of a solar
field in the area and would like to see the Council pass a resolution creating jobs,
not a lawsuit.
RESPONSE TO PUBLIC COMMENTS:
CM/Fox responded that there is no resolution before the City Council this
evening that could be acted on related to what the speakers were requesting.
The item that is on the Consent Calendar is related to a letter of engagement
with Sheppard, Mullin, Richter and Hampton to find out what the City of Industry
plans for that property. Staff believes there may be interest in a solar farm and if
the speakers know that to be a fact, staff would be happy to discuss the matter
with them, but up to this point, the City has not been provided any information
from the City of Industry about exactly what they are proposing to do, which is
part of the City's concern with this matter. The City retains special legal counsel
from time -to -time in order to protect the interest of the community.
SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting — September 26, 2017 — 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive (Canceled).
5.2 Public Open House: Diamond Bar Boulevard Streetscape Project —
September 27, 2017 — 6:30 p.m. to 8:30 p.m., Lorbeer Middle School, 501
S. Diamond Bar Boulevard.
5.3 Parks and Recreation Commission Meeting — September 28, 2017 — 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.4 City Council Meeting — October 3, 2017 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: C/Herrera moved, C/Tye 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
SEPTEMBER 19, 2017 PAGE 4 CITY COUNCIL
6.1 APPROVED CITY COUNCIL MINUTES
6.1a Study Session of August 15, 2017
6.1b Regular Meeting of August 15, 2017 —as amended.
6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MINUTES:
6.2a Regular Meeting of June 22, 2017
6.2b Regular Meeting of July 27, 2017
6.3 RATIFICATION OF CHECK REGISTER DATED August 10, 2017 through
September 7, 2017 Totaling $2,787,642.76
6.4 APPROVED TREASURER'S STATEMENT OF JULY 2017 AND
REVISED TREASURER'S STATEMENT OF JUNE 2017.
6.5 APPROVED AMENDMENT NO. 3 TO CONSULTANT SERVICES
AGREEMENT WITH DAVID EVANS & ASSOCIATES, INC. (DEA) FOR
LANDSCAPE CONSTRUCTION MANAGEMENT & INSPECTION
SERVICES FOR THE SR 60 AT LEMON AVENUE INTERCHANGE
PROJECT IN THE AMOUNT OF $13,700 FOR A TOTAL CONTRACT
AUTHORIZATION OF $216,845.
6.6 ADOPTED ORDINANCE 05(2017) AMENDING THE DIAMOND BAR
MUNICIPAL CODE RELATING TO LIMITED COLLECTION PERMIT AND
CONSTRUCTION AND DEMOLITION WASTE.
6.7 AUTHORIZED THE CITY MANAGER TO ISSUE A PURCHASE ORDER
TO CDWG FOR TEN (10) NEW HEWLETT PACKARD SERVERS IN THE
AMOUNT OF $129,009.49.
6.8 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE
LETTER OF ENGAGEMENT WITH SHEPPARD, MULLIN, RICHTER &
HAMPTON, LLP AND APPROPRIATION FOR SPECIAL LEGAL
SERVICES.
6.9 APPROVED AN APPROPRIATION ADJUSTMENTS TO THE GENERAL
FUND, SPECIAL REVENUE FUNDS, CAPITAL IMPROVEMENT
PROJECT CARRYOVERS, AND FISCAL YEAR 2016-17
ADJUSTMENTS (AS AMENDED).
7. PUBLIC HEARINGS:
7.1 ADOPTION OF RESOLUTION 2017-30: ASSESSING A NUISANCE
ABATEMENT LIEN/SPECIAL ASSESSMENT AGAINST 1162 CHISOLM
TRAIL DRIVE.
SEPTEMBER 19, 2017 PAGE 5 CITY COUNCIL
CDD/Gubman reported that tonight staff is recommending that the City
Council approve a third special assessment against the subject property to
cover all staff and attorney expenses associated with the most recent
weed abatement the City performed at this unoccupied residence.
The property in question is located at 1162 Chisolm Trail Drive in the
Stonegate neighborhood which is located off of Grand Avenue at Cahill
Place. CDD/Gubman presented the code enforcement history dating back
to March 2014. To date, staff has performed three Nuisance Abatements
and have thus far collected over $14,100 for the first two lien
reimbursements paid through property tax bills. Costs incurred for the
most recent abatement performed total nearly $5,300. For the most
recent work performed, the City obtained an Abatement Warrant on April
27th and on May 5, 2017, the City's contractor performed a thorough
cleanup of weeds, overgrowth and debris as shown in a series of slides
presented to the City Council.
Council is being asked to approve a Special Assessment of $5,286.93 as
detailed in the slide presentation. The Resolution staff is recommending
for Council adoption provides an itemized accounting of staff hours that
were expended during the abatement effort. The purpose of tonight's
hearing is to present to the City Council staffs accounting of the costs to
the City and associated Attorney's Fees, allow the representatives of the
property owner to be heard and for the City Council to then render its
decision on whether or not to impose the assessment and if so, to set the
amount to be assessed.
On August 21, 2017, the City attempted to notify the owner of tonight's
hearing via Certified and First Class US Mail, physical posting of the
Notice on the subject property and via email to the email addressed used
in prior communications. All attempts to contact persons affiliated with the
property were met without response.
C/Tye asked if staff attempted to reach the .property owner at his last
known address outside of the US.
CDD/Gubman responded that for a time staff was in communication with
the owner's son and the son was responsive to staff's requests to keep
the property maintained. However, at a certain point the son stopped
responding which was accompanied by a lack of continued maintenance
of the property. From that point in mid -year 2015 staff has moved forward
with the property abatements.
C/Tye asked if the son was taking care of the property.
CDD/Gubman responded that the son was in India and was making
arrangements with persons in Diamond Bar for the care of the property.
SEPTEMBER 19, 2017 PAGE 6 CITY COUNCIL
C/Tye asked if it might make more sense for the City to have a gardener
tend to the property so that the neighbors do not have to put up with the
nuisance.
CDD/Gubman explained that the City does not have a simple streamlined
way to accomplish that and it has to be court-ordered.
C/Herrera said this is not the first instance where the City has had to go in
and clean up this property and has the City been able to recover expenses
the City has made?
CDD/Gubman responded yes and although the property owner is out -of -
reach they have been paying their property tax bills at which time the liens
have been satisfied.
MPT/Low asked if the ownership has remained unchanged.
CDD/Gubman said it has.
C/Lyons asked how long this can go on because as C/Tye stated, no one
wants to live next door to that kind of nuisance. Can the property owner
continue on this path until the property sells or is there a certain point
when it ceases?
CDD/Gubman said that for all practical purposes the most workable
solution is to continually go forward with abatements. If the property
owner started becoming delinquent in their tax payments, the County
could seize the property. In this case, the City cannot proceed with
criminal prosecution because of its inability to reach the property owner
who is out of the country. The only other potential option is to request a
receivership so that a court-appointed receiver takes possession of the
property, maintains it and eventually sells the property to recoup the costs.
That may be too draconian of a measure to take on a property that
essentially is overgrown with weeds. The City could ask a judge to
appoint a receiver, but the likelihood of that being approved is probably
low.
C/Lyons said if they are paying their property taxes it probably means they
are probably receiving a tax bill at their current address and wondered if
the City was mailing its communications to that same address.
CDD/Gubman responded that the City is mailing letters to the property
address which is also the mailing address on the tax rolls.
M/Lin asked how tall the grass/weeds have to be before the property is
considered to be in violation of the City's Code.
SEPTEMBER 19. 2017 PAGE 7 CITY COUNCIL
1.1
-03
CDD/Gubman said he believes it is six inches.
M/Lin stated that in the photo it appeared the growth was two to two and
one-half feet tall suggested that Code Enforcement visit the site more
frequently so that the violation and fees become higher which might
motivate the owner to comply.
CDD/Gubman said that staff could do so.
M/Lin opened the Public Hearing at 7:24 p.m.
With no one present who wished to speak on this matter, M/Lin closed the
Public Hearing at 7:24 p.m.
C/Lyons moved, C/Herrera seconded, to Adopt Resolution 2017-30:
Assessing a Nuisance Abatement Lien/Special Assessment against 1162
Chisolm Trail Drive in the amount of $5,286.93 as stated in the Resolution.
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
COUNCIL CONSIDERATION: None,
COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Lyons reported that City staff is continuing to work very hard on Diamond Bar's
Restaurant Week. She understands that to date 17 restaurants have signed up
including four restaurants that were not on the roster last year which includes the
new Bento Rolls Bowls (B.R.B.) that was tonight's Business of the Month as well
as, King Bap, Snowy Village Korean Dessert Cafe, and It's a Grind Coffee
House. C/Lyons then reported that everyone is looking forward to October when
the Read Together Diamond Bar program begins. There will be many programs
and activities to take part in and one can look at the Library's onsite menu of
programs and activities for more information. The book for adults to read is Rise
of the Rocket Girls by Nathalia Holt. For those who enjoyed the movie Hidden
Figures you will definitely enjoy this book which is a true story of women who
helped launch America into space in the 1940's and 50's. Finally, last Thursday,
she enjoyed Diamond Bar Day at the Los Angeles County Fair and the, highlight
of the day was congratulating our Diamond Bar Community Heroes, senior hero
J.K. Chun, adult hero, Linda Headlee, and young adult hero Rhiston Yu. M/Lin
did a terrific job talking about their accomplishments and presenting the awards.
It was exceptionally well -organized this year. She thanked the Fair Committee
SEPTEMBER 19, 2017 PAGE 8 CITY COUNCIL
and City staff for a job very well-done.
C/Herrera congratulated New Business of the Month B.R.B. Restaurant and
hoped that residents would give them a chance to be successful and sample
their very good food. There is a lot of excitement about what is going up at the
old Kmart Center and Sprouts, one of the major anchors plans to open on
October 11 if all goes well. She hopes the community will support these new
businesses and wishes them a lot of success.
C/Tye hoped everyone would take the opportunity to participate in the Open
House for the Streetscape Project on September 271h. Many people see things
and wonder where it came from and why they didn't hear about it so put it on
your calendar — a week from tomorrow (September 27th) from 6:30 to 8:30 p.m.
at Lorbeer Middle School at the corner of Golden Springs Drive and Diamond Bar
Boulevard. It is a great opportunity for folks to see what the City has in mind and
a great opportunity to weigh-in and see what is scheduled for the renovation of
that part of town. It is very exciting that it is getting spruced up. As C/Herrera
said, October 11th will be the Grand Opening of Sprouts if everything goes as
planned. Based on the number of people he sees at Sprouts in Chino Hills, this
store should do very well. The number of neighbors and Diamond Bar residents
he sees there, it should do very, very well. And as an added bonus, Ron Rios,
who used to manage the Von's Store across the street which is now the Smart &
Final Extra will be the manager of the Sprouts Store. Go in and say hello to Ron
and welcome him back to the community.
MPT/Low welcomed Miss Lauren Yokomizo, Field Representative for Supervisor
Janice Hahn and asked her to convey the Council's greetings to the Supervisor.
It has been a busy month for Council Members. Earlier she and C/Lyons
attended the Fee Subcommittee meeting with staff which was formed to study
Diamond Bar's assets, facilities and fees that are charged. The City is constantly
reviewing the fees and updating the uses of the facilities to make sure the City is
charging the correct fees and keeping everything looking spic and span. Kudos
to staff for their efforts. M/Lin, C/Tye and she were at the Contract Cities Board
Meeting that was held at the Diamond Bar Center and received a lot of
compliments about the center, how it looked, the tremendous views, etc. and
there were a lot of people present who had never been there and it was a good
opportunity for the City to showcase its Center. She appreciates the way staff
takes care of that facility. Some of the speakers spoke about a solar farm on the
Tres Hermanos property between Diamond Bar and Chino Hills and other items
on the Consent Calendar which is an area of interest for everyone in Diamond
Bar. Unfortunately, Diamond Bar has received no information from the
successful bidder of that property which as everyone knows is the City of
Industry. The City Council wishes it had information to share with the public but
no information has been forthcoming. As soon as the Council and staff become
aware of any information it will be shared with the public. She and C/Herrera are
delegates to the Tres Hermanos Conservation Authority. The members met
earlier this week and last month and hope to continue the monthly meetings. For
SEPTEMBER 19, 2017 PAGE 9 CITY COUNCIL
anyone interested, they can attend those meetings and the City hopes to have
relevant and pertinent information on the website. Bottom line is that the Council
and Authority want to protect Diamond Bar's interest and whenever and whatever
information becomes available will be passed along to residents. She
encouraged everyone to join in the library events that were announced. Another
upcoming event is the Moon Festival Celebration sponsored by the Diamond Bar
Chinese-American Association on Sunday, October 1st at Pantera Park free and
open to the public. To Jewish friends and neighbors Rash Hashanah and
Shanah tovah.
M/Lin said that a lot of things have happened since the last City Council meeting.
Last Thursday it was the Diamond Bar Community's Day at the LA County Fair at
the Fairplex which was a very interesting event. He was told that the Fair is the
largest if not one of the largest county fairs in the United States. There were
performances by both the Diamond Ranch High School Choir and the Diamond
Bar High School Drill Team and Marching Band performed. It was a fantastic
parade. For those unable to attend the Fair there is still time because the last
day is September 24th. He encouraged everyone to attend and enjoy the feast.
ADJOURNMENT: With no further business to conduct, M/Lin adjourned the
Regular City Council Meeting at 7:34 p.m.
Tommye Cr bbins, CITY CLERK
The foregoing minutes are hereby approved this 3rd day of October 2017.
Jimmy dk