HomeMy WebLinkAbout11/21/2006 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
NOVEMBER 21, 2006
STUDY SESSION: M/Herrera called the Study Session to order at
5:32 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Government Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Members Chang, Tanaka, Tye and Mayor Herrera. Mayor Pro
Tem Zirbes was excused.
Also Present: James DeStefano, City Manager; David Doyle, Assistant City
Manager; Bradley Wohlenberg, Assistant City Attorney; David Liu, Public Works
Director; Bob Rose, Community Services Director; Nancy Fong, Community
Development Director; Linda Magnuson, Finance Director; Marsha Rea, Public
Information Manager; Ken Desforges, IS Director; Alfredo Estevez, Desktop
Support Technician; Ryan McLean, Senior Management Analyst; Rick Yee,
Senior Engineer; Kimberly Molina, Associate Engineer; Erwin Ching, Jr.
Engineer, and Tommye Cribbins, City Clerk.
► IMPROVEMENTS TO STATE ROUTES 57 & 60
Part I: Long -Term Congestion Relief
Steve Brown, Fehr & Peers, reported that there were approximately
340,000 daily trips through the corridor and that that figure was expected
to increase by 50% by 2030. He stated that if nothing were done to
accommodate the growth, for example, the peak hour might turn into a
peak day. About 21,000 trucks use the corridor on a daily basis, which is
expected to increase to an even greater percentage. During this time of
transition in the corridor with the number of projects (HOV lane, Brea
Canyon grade separation, Lemon Avenue ramps, Grand Avenue bridge
widening and ramp modifications and a possible Lemon Avenue grade
separation) on the drawing board staff has recommended a phased -in
long-term solution that would offer little impact to the public. In addition,
there is a substantial amount of development underway including potential
redevelopment of the County Golf Course property, potential development
of the AERA property and ongoing developments in the City of Industry.
The current concern is that these projects are proceeding without full
knowledge of how they would fit into a broader solution. One important
tool is "traffic simulation" which allows staff, consultants and the public to
look at traffic in a "real world" manner. Staff's recommendation is to
prepare a strategy that would evaluate the performance of long-term
congestion relief, a local access option and development of a phased -in
plan that would give the City and the public confidence about the fit of all
of the pieces; and, undertake public outreach programs to inform
residences and businesses. If the Council concurs with staff's
recommendation, staff would come back to Council with the details in the
next couple of months.
NOVEMBER 21, 2006 PAGE 2 CC STUDY SESSION
Part II: Status of Near -Term Projects
Steve Sasaki, Sasaki Transportation Services, provided Council with an
overview on the tracking of the current projects. The Grand Avenue
project has begun looking at a broader area of mitigation and
consideration of five alternatives. The Lemon Avenue design is in its
environmental process and offers three alternatives. Staff is concerned
about having the best design with as little waste as possible. With
Council's concurrence, a response letter will refer to an overall solution
with emphasis on the land use considerations for the golf course that
benefits the freeway and the City of D.B.
PWD/Liu stated that with all of the work going on in the area staff believes
it is time to move forward with a comprehensive evaluation of the different
projects and studies. If Council concurs, staff believes that by working
with consultants and other stakeholders it would be able to offer the City
Council a strategy for consideration of a long-term phased -in solution by
January 2007.
PWD/Liu responded to M/Herrera that other stakeholders would include
City staff, consultants, as well as other cities staffs and County and State
officials. Staff has indicated to all stakeholders that D.B. may wish to
proceed in this direction.
M/Herrera stated that Council will be looking forward to the January
presentation.
► UPDATE ON BUSINESS REGISTRATION AND BUSINESS
LICENSING:
CDD/Fong reported that last February staff presented a status review of
the Business Registration Program. At that time Council directed staff to
continue with the program and to bring back another status review in
about six months with a study of the possibility of an "in-house" Business
License program. The Business Registration Ordinance was adopted in
May 2005 and became effective July 1, 2005. In May 2005 staff sent
mailers to 1,714 businesses based on the State's franchise list. Last year
the City registered 446 businesses. During the first 10 months of 2006
818 businesses registered. Working with the HDL list, staff uncovered
an additional 244 businesses and notices were mailed to them as well.
Non-compliance letters were forwarded to businesses that did not respond
to the first mailings in 2006. Staff will mail renewal notices for the 2005
and 2006 business registrants in November 2006. Code Enforcement
officers are tracking down existing businesses that have not registered
and to date have handed out 200 notices with a return self-addressed
stamped envelope. For this effort staff has received only about 20
responses.
NOVEMBER 21, 2006 PAGE 3 CC STUDY SESSION
CDD/Fong stated that the next step for the City to take is to consider
whether or not the City should establish an "in-house" Business License
Program. In 2004 LA County collected about $35,534; in 2005 $37,048
and for the first six months of 2006 $21,353. Approximately 200 licenses
are issued each year. The benefits of an in-house Business License
program would be: That D.B. was business friendly; lower fees; shorter
processing time; better tracking for sales tax revenue and zoning
compliance for neighborhood improvement; Aid the City's economic
development growth; The City would decide which businesses required
licensing; The City would control revocations and modifications; There
would be one public hearing; and, The D.B. City Hall would provide a
more convenient location.
CDD/Fong stated that the following items should be considered: 1) who
would oversee the program; 2) what businesses would require a business
license; 3) what would be the fee structure; 4) what City resources would
be required to oversee the program; and, 5) whether the program should
be a "cost recovery" program? She asked for Council direction.
Discussion ensued.
M/Herrera wondered if registration and licensing were being confused and
believed the program should be self-supporting.
C/Chang thanked CDD/Fong for an excellent and thorough presentation.
He felt that bringing the program in-house would save the public time and
money. He said that the City should not make money on the program and
that the City should implement the program.
C/Tye felt there were two issues: Business Registration and Business
Licensing. He reiterated that in his opinion, business registration was not
necessary and the $10 fee did not cover the cost. In addition, $10 plus
$20 for zoning clearance would not cover the cost and that was his
concern a year and a half ago. He felt that if the City was going to do it,
the program should be efficient. With less than one-third of the
businesses applying for the program, in his opinion, it was a failure.
Business licensing is more appropriate if the City can figure out a way to
do it efficiently on its own and that the City should never be put in the
situation again where the City is a customer and sends its representative
to the County only to get treated like a stepchild.
CM/DeStefano explained that the City was not allowed to make money on
the program but at the same time was not required to lose money. Staff
' needs to do some additional work on this matter and return to the City
Council with cost -recovery figures.
NOVEMBER 21, 2006 PAGE 4 CC STUDY SESSION
C/Tanaka agreed that the program should be run on a cost recovery
basis. If the cost were less there would still be added benefit to the
consumer.
CM/DeStefano said that in accordance with Council's direction, staff would
commence to study the matter and return to the Council with clear
direction for implementation of a cost -recovery program during the next six
months in accordance with budget discussions.
PUBLIC COMMENTS:
None Offered.
ADJOURNMENT: With no further business to come before the City
Council, M/Herrera adjourned the Study Session at 6:20 p.m.
LTOMMY Oil—,
CRIBBINS, City Clerk
The foregoing minutes are hereby approved this 5th day of Dace ihpY ,
2006. r
Mayor
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
NOVEMBER 21, 2006
CLOSED SESSION: 5:00 p.m., Room CC -8
Public Comments on Closed Session Agenda:
No. 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
► Government Code Section 54956.8 — Conference with Real Property
Negotiators
Property Negotiations: City of Industry
Identified as: APN 8269008270
APN 8269050026
APN 8269053024
Closed Session adjourned at 5:32 p.m.
STUDY SESSION: 5:32 p.m., Room CC -8
► Improvements to State Routes 57 & 60
Part I: Long -Term Congestion Relief
Part II: Status of Near -Term Projects
► Update on Business Registration and Business Licensing
Study Session adjourned at 6:20 p.m.
CALL TO ORDER: Mayor Herrera called the Regular City Council
meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
ACA/Wohlenberg reported that in accordance with the Government Code an item
was added to the Closed Session Agenda for potential litigation. After review of the
item it was determined that his office would be instructed to defend the City were
litigation to be filed. At this time the City is not aware of which party may sue the
City. Therefore, in accordance with the Code the information will be made available
to inquiring parties if and when the litigation is filed.
CM/DeStefano reported that Council discussed two matters during tonight's Study
Session, neither of which required direction from the City Council. 1) Ongoing
improvements to SR 57160 freeways and long-term mitigation consideration 2)
NOVEMBER 21, 2006 PAGE 2 CITY COUNCIL
Discussion of Business Registration and Business Licensing to review the City
progress and to create a dialogue about whether the City would merge County
Business Licensing with City Business Registration programs. Council concurred to
bring the two matters together as one City -run program and to that end, staff was
directed to provide the City Council with information regarding costs, program
impacts, and so forth.
PLEDGE OF ALLEGIANCE: M/Herrera led the Pledge of Allegiance.
INVOCATION: Ahmad H. Sakr, Ph.D. Islamic Education Center,
gave the invocation.
ROLL CALL: Council Members Chang, Tanaka, Tye and Mayor
Herrera. Mayor Pro Tem Zirbes was excused.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Bradley Wohlenberg, Assistant City Attorney; David Liu,
Public Works Director; Bob Rose, Community Services Director; Nancy Fong,
Community Development Director; Linda Magnuson, Finance Director; Ken
Desforges, IS Director; Ryan McLean, Senior Management Analyst and Tommye
Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
2. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 C/Tanaka presented a Proclamation to Breakfast Lions Club
President Wanda Tanaka proclaiming November 25 and 26, 2006 as
"White Cane Days." Mrs. Tanaka then introduced members of the
Breakfast Lions Club and the Diamond Bar High School Leos.
1.2 C/Chang presented a Proclamation to Capt. Greg Prance and
members of Station 120 as well as Chief Nieto proclaiming November
29, 2006 as "MDA Firefighter Appreciation Day."
1.3 Mitch Cochran, Vice President of the MISAC State Board, presented
ISD/ Desforges and the City of D.B., with the Board's 2005-06
Achievement (Excellence) Award in technology and information
systems.
1.4 M/Herrera presented Certificates of Recognition to Veterans History
Project Committee members Lee Bendell, Al Rumsey, Jess Carbajal,
Lupe Espinosa, Audrey Hamilton, Shirley Roe and Chairman Joe
Piper.
NOVEMBER 21, 2006 PAGE 3 CITY COUNCIL
1.5 CM/DeStefano asked CDD/Fong, PWD/Liu and CSD/Rose to
introduce their new employees: CDD/Fong introduced Esmeralda
(Esmmy) Magallanes, Permit Technician, Building and Safety
Department; CSD/Rose introduced David Seiler, Parks and
Maintenance Technician Inspector, Community Services Department;
PWD Liu introduced Marcy Hilario, Senior Administrative Assistant,
and Erwin Ching, Jr. Engineer; Public Works Department.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano
acknowledged ISD/Desforges and the City's new employees.
IS/Desforges announced that as of this evening the City Council meetings
will go online with the Granicus System for Internet broadcasting and
meeting minute annotations. He gave a power point presentation on how to
use the system showing how the system serves the public. He thanked the
Granicus team for assisting with implementation of the system and PIM/Roa
for presenting the idea and helping the City to implement the program. He
also thanked CC/Cribbins for moving the project forward and Drew MacNeal,
the Granicus Customer Advocate as well as, DST/Estevez and N/GISE/Aziz,
for their support.
3. PUBLIC COMMENTS: Stan Granger, 23800 Gold Nugget Ave.,
said he had lived on his street for more than 26 years and had noticed during
the past few years a decline in the quality of his neighborhood. In addition to
vandalism, there is a house at 26314 Gold Nugget that appears to be
running a business and that the property is in a deteriorating condition. He
said he also noticed that there were a number of residents who store
trashcans in their front yards, a practice he believed was not allowed by the
City's Code.
Nina Goncharov, 23631 Gold Nugget Ave., said she had complained to the
City about noise, health hazards and public safety hazards created by an
apparent auto repair shop business at 23614 Gold Nugget Ave. According to
her investigation the owners of the property live in Laverne. Numerous
complaints to the City's enforcement officer were ignored. She asked the
City Council and staff to put the business out of business and offered to
supply the City with photographs verifying her statements.
Ernie Delgadillo, 1539 Deerfoot, invited the public to participate in the 3`d
Annual Diamond Bar Community Foundation's Holiday Gala on Saturday,
December 2 at the Diamond Bar Center. The evening includes a sit down
gourmet dinner, music, silent auction and dancing. The Foundation supports
various City events. Donations are $100 for individuals, $175 for couples
and $850 for a table of 10. For further information and to make reservations,
call (909) 319-5446.
NOVEMBER 21, 2006 PAGE 4 CITY COUNCIL
Inge Faro, 1183 Crestbrook Ct., presented a petition with 338 signatures
protesting the possible location of batting cages at Pantera Park. The
petition requests that the City consider a different location in the park.
Allen Wilson stated that now that the voters have turned down Measure L the
City Council should move forward with other matters of business such as
economic development. He wished everyone a Happy Thanksgiving and
said he was grateful for the men and women who had served to preserve
freedom.
4. RESPONSE TO PUBLIC COMMENTS:
CM/DeStefano responded to the residents on Gold Nugget stating that first
thing tomorrow he would meet with CDD/Fong and the appropriate
Neighborhood Improvement Code Enforcement Officer as well as a
representative from the Sheriff's Department to look at what has been
accomplished to date and develop a strategy to eliminate the nuisance and
restore quality of life for residents of that portion of the street.
CM/DeStefano responded that with respect to batting cages proposed at
Pantera Park, the City Council authorized work toward the creation of batting
cages in two parks. CSD/Rose has been working on this item and is
scheduling a public meeting for the second or third week of December to
further discuss batting cages at Pantera and Peterson Parks. At some point
the matter will come before the Parks and Recreation Commission for its
recommendation to the City Council. The matter is currently being studied.
M/Herrera asked if it was a requirement that every household contract for
waste pickup service. She said she received an email from a resident who
stated that her neighbor did not contract with a waste hauler and instead
would place her trash in other people's containers.
CM/DeStefano responded that every occupied parcel within the City is
required to subscribe to a trash service (Valley Vista or Waste Management).
SCHEDULE OF FUTURE EVENTS:
5.1 Thanksgiving Holiday — November 23 — 24, 2006 — City Offices will be
closed. City Offices will reopen Monday, November 27, 2006.
5.2 Planning Commission Meeting — November 28, 2006 -7:00 p.m.
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.3 City Council Meeting — December 5, 2006 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
NOVEMBER 21, 2006 PAGE 5 CITY COUNCIL
6. CONSENT CALENDAR: C/Chang moved, C/Tanaka seconded to approve
the Consent Calendar as presented with the exception of Item 6.3 and 6.6.
Motion carried by the following Roll Call:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Zirbes
6.1 CITY COUNCIL MINUTES
6.1.1 Study Session of November 7, 2006 — as Amended.
6.1.2 Regular Meeting of November 7, 2006 — as Submitted.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES -
Regular Meeting of October 10, 2006.
6.3 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES —
Regular Meeting of October 12, 2006 -- Matter was continued and
remanded to staff for corrections.
6.4 RATIFIED WARRANT REGISTER — containing checks dated
November 2, 2006 through November 15, 2006 for a total amount of
$1,438,678.91.
6.5 APPROVED NOTICE OF COMPLETION FOR NEIGHBORHOOD
TRAFFIC MANAGEMENT PROGRAM PILOT PROJECT.
ITEMS WITHDRAWN FROM CONSENT CALENDAR:
6.6 ADOPT RESOLUTION NO. 2006-76: AMENDING THE CITY'S
COMPENSATION PLAN TO CREATE A PART-TIME HUMAN
RESOURCES MANAGER POSITION AND RECLASSIFY A SENIOR
ADMINISTRATIVE ASSISTANT TO A NEWLY CREATED POSITION
OF ADMINISTRATIVE RECORDS COORDINATOR AND RESCIND
RESOLUTION NO. 2006-55 IN ITS ENTIREY.
At the request of C/Tye, CM/DeStefano spoke to the benefits of
creating a part-time human resources position. This change will result
in an overall increase in service to employees and a net annual salary
savings of $40,500.
C/Tye moved, C/Tanaka seconded to adopt Resolution 2006-76
amending the City's Compensation Plan to create a part-time Human
Resources Manager position and reclassify a Senior Administrative
Assistant. Motion carried by the following Roll Call vote:
NOVEMBER 21, 2006
AYES:
NOES:
ABSENT
PAGE 6
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
7. PUBLIC HEARINGS: None
N.
COUNCIL CONSIDERATION:
CITY COUNCIL
Chang, Tanaka, Tye,
M/Herrera
None
MPT/Zirbes
8.1 CONSIDERATION TO ADJOURN THE JANUARY 2, 2007 MEETING
TO JANUARY 16, 2007.
CM/DeStefano reported that since the New Year's holiday (January 1)
falls the day before the regular City Council meeting and immediately
after the Christmas week staff recommends that the January 2
meeting be adjourned to January 16.
There was no one present who wished to comment on Item 8.1.
C/Chang moved, C/Tye seconded to adjourn the regular January 2,
2006 meeting to January 16, 2006. 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
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Tanaka welcomed new businesses HSBC Bank and Ms. Couture to D.B.
The second annual Sunday at the Center Art Show and Sale was held on
Sunday, November 19 coordinated by Orien Pagan who did an outstanding
job The Society of Calligraphy provided free bookmarks. Pacific Crest
Youth Arts, Diamond Bar Community Foundation and the City of D.B. staff
also did an outstanding job on the second annual show. Yesterday he
attended the D.B. 4 -Youth meeting during which the group discussed their
activities since its inception and considered different activities for the future.
He wished everyone a Happy Thanksgiving.
C/Tye welcomed the new City employees. He attended the ribbon -cutting
ceremonies at the two businesses referenced by C/Tanaka. HSBC Bank is
a national corporation and Ms. Couture a small local business. He and
M/Herrera attended the Indian New Year event at the Diamond Bar Center;
he met with Superintendent Beckler and other representatives of Walnut
Valley Unified School District to discuss issues of mutual importance and
working toward mutually beneficial objectives. He encouraged everyone to
NOVEMBER 21, 2006 PAGE 7 CITY COUNCIL
attend the Diamond Bar Foundation Gala. He said he was very impressed
with artist Ruben Anthony Rios, a C3 Quad who says that God has blessed
him. He wished everyone a Happy Thanksgiving and a safe and happy
holiday season.
C/Chang also welcomed new D.B. staff members. He said he was very
happy that he had the opportunity to help bring to D.B. the HSBC Bank, a
Hong Kong business bank that has branches in almost 50 countries of the
world. He had the opportunity to join the event hosted by the Council of
African-American Parents on behalf of the Council and Mayor. He wished
everyone a very Happy Thanksgiving and a warm family gathering.
M/Herrera said that many of the Council Members attended the same
events. She felt that residents of D.B. had many things for which to be
thankful — a City Council that is dedicated to the City and works hard on
behalf of the residents and a superb staff that works hard to make the City
proud throughout the region. She was also proud that D.B. was instrumental
in creating the Four Corners Transportation Coalition, an organization that is
gaining rapid momentum with cities representing more than 800,000 citizens.
One of the primary projects is the final fix for the SR57/60 Interchange.
ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the
regular City Council meeting at 7:50 p.m.
TOMMY CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this 5th day of December , 2006.
—TU 0
MAYO
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