HomeMy WebLinkAbout10/17/2006 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
OCTOBER 17, 2006
CLOSED SESSION: 6:00 p.m., Room CC -8
Public Comments on Closed Session Agenda:
► Government Code Section 54956.9(a) — Pending Litigation — Two cases
1) Diamond Bar v. Southern California Edison
LLACSCC — No. BC351266
2) People of the State of California v. Ratan Hospitality, LLS (Scribbles)
Case No. BC351925
Closed Session adjourned at 6:20 p.m.
CALL TO ORDER: Mayor Herrera called the Regular City Council
meeting to order at 6:32 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
CA/Jenkins reported that the Closed Session was called to order at 6:00 p.m.
There were no public comments, no additions and no reportable actions taken.
PLEDGE OF ALLEGIANCE: M/Herrera led the Pledge of Allegiance.
INVOCATION: None Offered.
ROLL CALL: Council Members Chang, Tanaka, Tye and Mayor
Herrera. Absent: Mayor Pro Tem Zirbes was excused.
Staff Present: James DeStefano, City Manager; Michael
Jenkins, City Attorney; David Doyle, Assistant City Manager; Bob Rose, Community
Services Director; David Liu, Public Works Director; Linda Magnuson, Finance
Director; Nancy Fong, Community Development Director; Ken Desforges, IS
Director; Ryan McLean, Senior Management Analyst; Rick Yee, Senior Engineer,
and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
2. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 C/Tanaka presented Certificate of Recognition to Kawika and Leinani
Viloria, owners of Halau Hula a Kawika laua'o Leinani "Da Hula
Studio" for placing first in three Men's Categories and for placing
second in two Women's Categories of E Hula Mau Competition held
in Long Beach on Labor Day Weekend.
OCTOBER 17, 2006 PAGE 2 CITY COUNCIL
1.2 C/Tye proclaimed October 2006 as National Fire Prevention Month
and presented the proclamation to Chief Nieto.
BUSINESS OF THE MONTH:
1.3 C/Chang presented City Tile to John Redgrave of Diamond Bar
Cyclery, Business of the Month for October 2006; displayed slides.
3. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/DeStefano stated that in accordance with Fiscal Year 2006/2007 goals
and objectives, Council directed staff to pursue measures to preserve the
historical windmill at the Ralph's Shopping Center. Toward that effort, staff
recently sent a letter to Barco Management, the center's property manager,
suggesting methods for preserving the structure and possibly the ground
upon which it is located.
4. PUBLIC COMMENTS:
Bridget Del Rio Cortes, Event Chair for D.B.'s "Relay for Life," invited
everyone to attend and participate in the second annual relay on June 9 and
10, 2007. Money raised from the event goes to cancer research and patient
support services. Individuals interested in donating goods and services and
volunteering by starting teams, assist with advertising, finding entertainment
and so forth to please contact her. She asked Council for assistance in
procuring Lorbeer Middle School for the event.
Kevin House, 2536 Harmony Hill Drive, a 16 -year resident, said he was not
opposed to a library but was opposed to the tax imposed by the passage of
Measure L.
David Wood, Board of Directors, Pomona Valley Habitat for Humanity,
presented CM/DeStefano with a plaque commemorating his service during
"Build Day at the Fair" and thanked him for his participation. Next year
former President Jimmy Carter will come to Pomona to help the Pomona
Habitat build a home for Los Angeles County that could be placed in D.B. if a
lot were made available.
Nancy Lyons, a 27 -year resident, spoke in favor of a new library. She said
the current facility does not meet the needs of the residents as witnessed by
last year's gate count in excess of 228,000. She asked residents to carefully
consider the benefits of a new library to the citizens of D.B. that would cost
only 25 cents per day per household in tax assessment.
Tony Torng, 20985 Jade Court, showed Council photos of the Space Shuttle
and Space Station. He likened the large vision of a space program to the
grand vision of a small community for a large well-equipped library that would
OCTOBER 17, 2006 PAGE 3 CITY COUNCIL
provide service to the residents. He believed that the investment would yield
in excess of 100 percent return and asked for support of Measure L.
Nan Rennie Kirkeby, a former D.B. resident and concerned teacher said she
was in favor of a new library for a number of personal and professional
reasons that included the fact that the young people of D.B. require and
deserve a quality and modern library.
Adrienne Hoopala, a 27 year resident, felt that a new library was totally
necessary for the good of the community because the current library is
overcrowded and lacks adequate parking. She believed the City should
move forward with its best effort to fill vacant storefronts, improve businesses
and use the sales tax revenue to build a new library and other City facilities
the community might want.
Patricia Bowler, a 40 -year resident said that her property taxes have
increased by at least $200 each year. She and her husband are retired and
live on a semi -fixed income and have no desire to add to their propertytaxes.
If Measure L passes, the City would have to pay 20 percent of its reserves
and homeowners would pay an additional $100 per year for the next 30
years and beyond for maintenance. She said she was not willing to support
a new tax. A recent survey showed that D.B. has 63 libraries within a 15 -
mile radius of the City. Summitridge Park is not a convenient location for
students. She said she was heartened that Measure 81 failed. During that
election, of the 58 percent of D.B. residents who voted, they voted "No." If
special interest groups want a new library they should pay for it and not tax
the residents.
Patrick Ray, 1775 Cliffbranch Dr., reported that during this past weekend
there was a major accident on his street. He thanked the City for installing
speed humps because they have helped deter speeders. However, only
about half of the cars that use his street as a cut -through street pay attention
to the speed humps and continue to drive fast. He felt that installation of
Texas Dots might help slow down the traffic even more.
Helen Doss, 23806 Cholame Dr., felt that the number of speed humps in
short proximity on Sunset Crossing Rd. were an overkill and a waste of
taxpayer dollars.
Eileen Ansari, a 28 -year resident stated that she was not aware of the
accident; however, she lives on the corner of Cliffbranch and Bella Pine Dr.
and finds that she cannot get out of her driveway in the morning due to
speeding traffic. With respect to Measure L Ms. Ansari stated that the
County Board of Supervisors want to build a new facility in Hacienda Heights
not in D.B.. The City owns the pad that the Library would be built on at
Summitridge Park and that the building belongs to the City and would not be
turned over to the County. In addition, if Measure L passes the portion of
taxes that currently go to LA County for running the library will stay in the
OCTOBER 17, 2006 PAGE 4 CITY COUNCIL
City.
Clyde Hennessee said that if people wanted a new library they should raise
the funds to pay for it, not impose a tax on residents to pay for it.
RESPONSE TO PUBLIC COMMENTS:
CM/DeStefano responded to the recent installation of traffic calming
measures on City streets stating that as reported before, these measures are
the result of implementation of a pilot project initiated in 12 neighborhoods.
The pilot project review is expected to be available to the City Council in
about two months. During the review process it would be appropriate to
discuss the effectiveness of the pilot project mitigation measures and what
should be changed, modified, removed or installed as a further measure.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PUBLIC MEETING — Batting Cage Project at Pantera Park — October
19, 2006 — 6:30 p.m. , Pantera Park Multi -Purpose Room, 738
Pantera Dr.
5.2 PUBLIC MEETING — Batting Cage Project at Peterson Park —
October 23, 2006 — 6:30 p.m., Diamond Point Elementary School
Multi -Purpose Room, 24150 Sunset Crossing Rd.
5.3 PLANNING COMMISSION MEETING—October 24,2006 — 6:00 P.M.
Workshop will be conducted at 6:00 p.m., Room CC -2 re: JCC
Project.
7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr.
5.4 PARKS AND RECREATION COMMISSION MEETING —October 26,
2006 — 7:00 p.m., AQMD/Government Center Hearing Board Room,
21865 Copley Dr.
5.5 DIAMOND BAR HALL OF HORRORS — Haunted House — October
27, 28 and October 31, 2006 — 6:00 -9:00 p.m., Heritage Park, 2900
S. Brea Canyon Rd.
5.6 FALL FUN FESTIVAL — October 31, 2006 — 4:30 — 8:30 p.m.,
Heritage Park, 2900 S. Brea Canyon Rd.
5.7 ELECTION DAY — November 7, 2006 — Polis open at 7:00 a.m. to
8:00 P.M.
5.8 VETERAN'S RECOGNITION DAY — November 7, 2006 — 9:00 —
10:30 a.m., D.B. Center, 1600 Grand Ave.
OCTOBER 17, 2006 PAGE 5 CITY COUNCIL
5.9 CITY COUNCIL MEETING — November 7, 2006 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR: C/Chang moved, C/Tanaka seconded to approve
the Consent Calendar with the exception of Items 6.6, 6.7 and 6.9. Motion
carried by the following Roll Call vote with M/Herrera abstaining on Items
6.1.1 and 6.1.2:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Zirbes
6.1 APPROVED CITY COUNCIL MINUTES:
6.1.1 Study Session of October 3, 2006 —as submitted.
6.1.2 Regular Meeting of October 3, 2006 — as submitted.
6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MINUTES - Regular Meeting of August 24, 2006.
6.3 RATIFIED WARRANT REGISTER — containing checks dated
September 28, 2006 through October 12, 2006 for a total amount of
$1,514,903.77.
6.4 APPROVED FOR SECOND READING BY TITLE ONLY, WAIVED
FULL READING AND ADOPTED ORDINANCE NO. 08(2006)
AMENDING PROCEDURAL PROVISIONS OF THE DIAMOND BAR
TRANSIENT OCCUPANCY TAX ORDINANCE AND AMENDING
TITLE 3, CHAPTER 3.16 OF THE DIAMOND BAR MUNICIPAL
CODE.
6.5 ADOPTED RESOLUTION NO. 2006-74: REGONIZING THE
NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AND
ADOPTING NIMS PRINCIPLES INTO THE CITY'S EMERGENCY
MANAGEMENT SYSTEM.
6.8 APPROVED CONTRACT AMENDMENT NO.2 IN THE AMOUNT OF
$40,000 WITH MUNICIPAL ENGINEERING RESOURCES (M.E.R.)
FOR CONSULTING ENGINEERING SERVICES FOR A TOTAL
AUTHORIZATION AMOUNT OF $40,000.
6.10 AWARDED ON-CALL TRAFFIC ENGINEERING PLAN CHECK
' SERVICES CONTRACTS TO (A) WARREN C. SIECKE; (B) SASAKI
TRANSPORTATION SERVICES; (C) KATZ, OKITSU &
ASSOCIATES, AND (D) ADVANTEC CONSULTING ENGINEERING
FOR A PERIOD OF THREE (3) YEARS COMMENCING OCTOBER
21, 2006.
OCTOBER 17, 2006 PAGE 6 CITY COUNCIL
6.11 AWARDED ON-CALL ENGINEERING PLAN CHECK AND
INSPECTION SERVICE CONTRACTS TO (A) HALL AND
FOREMAN, INC; (B) NORRIS REPKE, INC; AND, (C) AAE, INC. FOR
A PERIOD OF THREE (3) YEARS COMMENCING OCTOBER 21,
2006.
6.12 AWARDED ON-CALL SOILS AND GEOTECHNICAL SERVICE
CONTRACTS TO (A) LEIGHTON AND ASSOCIATES, INC.; (B)
AROYO GEOTECHNICAL; AND, (C) NINYO & MOORE FOR A
PERIOD OF THREE (3) YEARS COMMENCING OCTOBER 21,
2006.
ITEMS WITHDRAWN FROM CONSENT CALENDAR:
6.6 APPROVAL OF LICENSE AGREEMENT WITH ROYAL STREET
COMMUNICATIONS, LLC TO DEVELOP A WIRELESS
COMMUNICATIONS SITE AT PETERSON PARK.
C/Tye asked CM/DeStefano for his input regarding the license fee.
CM/DeStefano responded that this was a request to utilize an existing
light pole at Peterson Park and to ensure a safe and secure
installation, the pole would be replaced. The original cell site was
negotiated about 12 years ago at approximately $1100 a month and
has incurred CPI increases over the years. This proposal is at $2000
per month with similar terms capped at 3 percent. Staff believes that
the terms are the best and most appropriate for the location.
However, it is Council's prerogative to request that staff negotiate for
more resources for the use of the public's property at Peterson Park if
it so desires.
C/Tye asked for explanation of Items 6.7 and 6.9.
CM/DeStefano explained that Items 6.7 and 6.9 involved award of
contract to the firm that assisted the City in developing the
Neighborhood Traffic Management Program (NTMP) pilot project.
Katz-Okitsu is a leader in developing traffic calming measures in
communities throughout the nation and was selected to look at
adversely affected neighborhoods within the City to develop programs
that might reduce cut -through traffic as well as, calm traffic. Council
approved the changes, and resources were dedicated to install the
measures with installation occurring approximately three weeks ago in
the 12 neighborhoods. Katz-Okitsu has been asked to assist the City
to review the installations, thus the request for award of services.
Item 6.9 concerns the west side of Sunset Crossing Rd. and
Prospectors Rd. between Sunset Crossing and Golden Springs, a
neighborhood that has a variety of issues related to cut -through traffic.
This item is a requirement of Caltrans that the City enter into this
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OCTOBER 17, 2006
PAGE 7
CITY COUNCIL
agreement in order for D.B. to be eligible to receive about $220,000
toward a $250,000 project. Staff intends to contact residents to
determine a final project design in accordance with their wishes.
6.7 AWARD OF NEIGHBORHOOD TRAFFIC MANAGEMENT
PROGRAM (NTMP) SERVICES FOR AN ASSESSMENT OF THE
PILOT PROJECTS TO KATZ-OKITSU & ASSOCIATES IN THE
AMOUNT OF $35,700 AND AUTHORIZE A CONTINGENCY
AMOUNT OF $3,600 FOR CHANGE ORDERS TO BE APPROVED
BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION
AMOUNT OF $39,300.
6.9 ADOPT RESOLUTION NO. 2006-75: APPROVING PROGRAM
SUPPLEMENT NO. M005 TO ADMINISTERING AGENCY -STATE
AGREEMENT NO. 07-5455 FOR GRANT FUNDS FOR THE
INSTALLATION OF TRAFFIC CALMING DEVICES ON SUNSET
CROSSING ROAD BETWEEN DIAMOND BAR BOULEVARD AND
PROSPECTORS ROAD; AND ON PROSPECTORS ROAD
BETWEEN SUNSET CROSSING ROAD AND GOLDEN SPRINGS
DRIVE.
C/Tye moved, C/Tanaka seconded to approve Consent Calendar
Items 6.6, 6.7 and 6.9. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Zirbes
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Chang reiterated the goals and objectives of the Neighborhood Traffic
Management Program pilot project. C/Chang said that he believed the City
had heard enough about the library. The Council tries not to be political but
he heard several things that he wanted to comment on such as a library
being replaced by the Internet, which he felt was not true. According to a
report from the Association of American Publishers, book sales in 2004 and
2005 grew by 9.9 percent. The Internet does not replace books and it does
not replace a library. Internet usage at the current library started from 3,200
users in 2001 and increased to 43,000 in 2005. According to California State
Library statistics over the past five years, public visits per capita increased
5% and circulation increased 10%. The Associated Press reported that
Google is allowed to put only non -copyrighted books on the Internet. After
OCTOBER 17, 2006 PAGE 8 CITY COUNCIL
1930 Google can only put the bibliography of copyrighted books on the
Internet. Therefore, one can find an index of the books but one cannot read
the book on the Internet because it is not allowed so the Internet is not
replacing libraries. Public facilities are not for small groups of people.
Whether individuals believe a library is a great thing, it is an increased value
for the entire City.
C/Tanaka stated that he continues to meet with the four senior citizen groups
within the City and that the groups are planning and scheduling a multi-
cultural event that will be held on Saturday, October 28 from 11:00 a.m. to
4:00 p.m. He invited the community to join in the multi -cultural event. The
event is $8 and tickets are still available. He attended the Mayor's Cup Race
in Irwindale and the mayor invited D.B. to participate in future events. He
attended the Pomona School Board meeting last week that honored D.B.
with a Certificate of Appreciation for the City's support and dedication to the
STAR Program. The Board also recognized Deputy Wright for hosting the
classes. Last Wednesday and Thursday he attended the Caltrans
Conference on Emergency Response and Recovery. Many agencies were
represented. The Conference addressed transit concerns. Homeland
Security, Office of Emergency Services and Foothill Transit were all
concerned that as emergencies occur that cities and counties look at local
and regional traffic issues. He thanked the President of the Vietnamese
Community of Pomona Valley for inviting D.B. to their Mid -Autumn Children's
Festival. Yesterday he met with the Diamond Bar 4 -Youth. The participants
are working on their bylaws and the Diamond Bar 4 -Youth in Action is going
to be involved in the Fall Festival of Fun on October 31. On November 3
they will hold their second middle school dance. He encouraged his
colleagues to watch the youth in action.
C/Tye said that last Wednesday it was a privilege to welcome the California
Department of Transportation with their 2006 Response Recovery
Conference at the Diamond Bar Center. It was very exciting to have Caltrans
pick D.B. and the Diamond Bar Center for their 2006 conference as further
confirmation that the center offers a great location for local and regional
businesses. He thanked CM/DeStefano for his presentation on NTMP and
the speaker who spoke about the advantages of mitigation measures in his
neighborhood. He said it was important that residents take time to offer their
input. He reminded everyone that the D.B.IWalnut American Association of
University Women would host a function at the SCAQMD on November 6 at
7:00 p.m. at which time Shirley Goins is the featured speaker. He said he
would be at Starbucks at Grand Ave. and Diamond Bar Blvd. on Saturday
from 9:00 a.m. to 11:00 a.m. He invited everyone to join him to share their
thoughts and concerns. He asked citizens to please vote on November 7.
M/Herrera said that tonight's Council meeting was interesting with a lot of
passionate public speakers. Campaign mailers can look slick and glossy and
she cautioned voters to investigate before buying into the propaganda. Her
picture appeared on a mailer that gave the impression that she was a
OCTOBER 17, 2006 PAGE 9 CITY COUNCIL
ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the
regular City Council meeting at 8:10 p.m.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this _2±
.bday of No,,nrPY , 2006.
CAROL HERRERA, MAYOR
of Measure L
proponent which she is not and, she did not give her
permission for her picture to be used on the mailer. She was appalled that
someone would misrepresent her to her constituents. One speaker did a lot
of research on what the cost of Measure L would be to the residents and
while it is a fact that all five Council Members voted to put the item on the
ballot, Council Members do not have the right to make a decision about how
property owners should spend their tax dollars so they have a right to vote
their conscience. She encouraged everyone to look at the facts very
carefully. As one resident pointed out, the ongoing maintenance costs will
increase an average of about 3.4 percent annually in perpetuity. Another
resident commented on empty storefronts in various shopping centers, a true
observation. The City has empty storefronts and what that means to the City
is that it does not have revenue that it could or should have. Another
resident commented that perhaps the construction costs could be reduced.
If anyone has been involved in construction efforts recently they know that
the cost of concrete has doubled and tripled and the cost of steel and other
building materials has increased dramatically. Because of devastation in the
rest of the world and the ongoing effort to replace structures, supplies in the
United States have diminished and costs have increased substantially.
M/Herrera said that should Measure L pass she anticipated the cost to
construct a library would be even greater than the $13 million anticipated and
the City would have to pick up the slack. She felt that it may be difficult for
the City to be forthcoming with additional construction and maintenance
funds with empty storefronts and lack of proper revenues to support such a
costly project. She said she believed it was the City's fiduciary responsibility
to first secure its revenue stream before adding other services. The
Diamond Bar Center is a facility that affords the City a great deal of pride and
the cost of the Diamond Bar Center is $700,000 per year with revenues of
only $500,000 leaving a deficit of $200,000 that the City has to pay. The
same could be true if a new library was built. Voters need to carefully
consider their vote.
ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the
regular City Council meeting at 8:10 p.m.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this _2±
.bday of No,,nrPY , 2006.
CAROL HERRERA, MAYOR