HomeMy WebLinkAbout3/20/2007 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MARCH 20, 2007
CLOSED SESSION: 6:00 p.m., Room CC -8, The Government
Center/SCAQMD, 21865 Copley Drive, Diamond Bar, CA.
Public Comment on Closed Session Agenda - None
00. Government Code Section 54956.9(a) — Pending Litigation — (2 Cases)
(1) Courson v. Diamond Bar — Case No. BS106935
(2) Rodriguez v. Diamond Bar, et al — Case No. 06CCO2992
CALL TO ORDER: Mayor Tye called the Regular City Council
meeting to order at 6:45 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
CA/Jenkins reported that tonight's meeting was called to order at 6:00 p.m., there
were no public comments offered and the City Council adjourned to Closed Session
in order to discuss the items listed on the Closed Session agenda. No reportable
action was taken and the Closed Session was adjourned at approximately 6:35 p.m.
PLEDGE OF ALLEGIANCE: Eugene Doss led the Pledge of Allegiance.
INVOCATION: Pastor Bob Stebe, Northminster Presbyterian
Church, gave the invocation.
ROLL CALL: Council Members Chang, Everett, Herrera, Mayor
Pro Tem Tanaka, and Mayor Tye.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community
Services Director; Nancy Fong, Community Development Director; Linda
Magnuson, Finance Director; Ken Desforges, IS Director; Ryan McLean, Senior
Management Analyst; Rick Yee, Senior Engineer; Kimberly Molina, Assistant
Engineer; Alfredo Estevez, IS Technician, and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Submitted.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
NEW BUSINESS OF THE MONTH:
M/Tye presented a Certificate Plaque to Peggy Menchaca, Owner of
Near New Novels Bookstore, 962 N. Diamond Bar Boulevard, as the
New Business of the Month for March 2007.
MARCH 20, 2007 PAGE 2 CITY COUNCIL
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered.
3. PUBLIC COMMENTS:
An unidentified speaker spoke about the lack of cell service in the City.
4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responded to
the speaker that D.B. offers unique topographical features that render cell
service less than adequate. The City is in the process of incorporating
additional cell sites (at Peterson Park and the Diamond Bar Center) to the
approximately 35 existing cell sites within the City. Dark spots will most likely
continue to be a problem in the City until technology prices reach a point of
providing affordable sites.
SCHEDULE OF FUTURE EVENTS:
5.1 State of the City — March 22, 2007 — 6:30 — 8:00 p.m., Diamond Bar
Center, 1600 S. Grand Ave.
5.2 Parks and Recreation Commission Meeting — March 22, 2007 — 7:00
p.m., AQMD/Government Center Auditorium, 21865 Copley Dr.
5.3 Planning Commission Meeting — March 27, 2007 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.4 City Council Meeting — April 3, 2007 — 6:30 p.m, AQMD/
Government Center Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR: C/Herrera moved, MPT/Tanaka seconded to
approve the Consent Calendar as presented. Motion carried by the following
Roll Call:
AYES: COUNCIL MEMBERS: Chang, Everett, Herrera,
MPT/Tanaka, M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 RECEIVED AND FILED PLANNING COMMISSION MINUTES —
Regular Meeting of February 13, 2007,
6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION
COMMISSION MINUTES — Regular Meeting of February 8, 2007.
6.3 RATIFIED CHECK REGISTER — containing checks dated March 1,
2007 through March 14, 2007 totaling $502,425.12.
MARCH 20, 2007 PAGE 3 CITY COUNCIL
6.4 APPROVED EXONERATION OF SURETY BOND NO. 6042559 IN
THE AMOUNT OF $500,000 AND SURETY BOND NO. 6023789 IN
THE AMOUNT OF $78,928 POSTED BY PULTE HOME CORP FOR
TRACT 52267 TO COMPLETE OFF-SITE PUBLIC IMPROVEMENTS
AND SEWER IMPROVEMENTS.
6.5 APPROPRIATED $61,000 OF THE GENERAL FUND BALANCE
RESERVE (RESTRICTED FROM THE PREVIOUS SALE OF PROP
A FUNDS) TO FY 2006-07 PUBLIC WORKS DEPARTMENT
BUDGET FOR THE STATE ROUTE 57/60 FREEWAY
CONGESTION RELIEF STRATEGY AND APPROVED CONTRACT
AMENDMENT WITH SASAKI TRANSPORTATION SERVICES IN
THE AMOUNT OF $61,000 FOR PROFESSIONAL SERVICES
RELATED TO STATE ROUTE 57/60 FREEWAY CONGESTION
RELIEF STRATEGY PROJECT.
6.6 APPROVED FOR SECOND READING BY TITLE ONLY, WAIVED
FULL READING AND ADOPTED ORDINANCE NO. 02(2007,
03(2007) AND 04(2007) FOR THE PROPOSED PROJECT KNOWN
AS SOUTH POINTE WEST DEVELOPMENT CONSISTING OF A 99 -
UNIT SINGLE FAMILY RESIDENTIAL SUBDIVISION, A PUBLIC
PARK AND OPEN SPACE AREAS ON APPROXIMATELY 34.52
ACRES GENERALLY LOCATED SOUTH OF LARKSTONE DRIVE,
EAST OF MORNING SUN AVENUE (ASSESSORS PARCEL
NUMBERS 8765-005-01, 02, 03 AND 07, AND PORTIONS OF
PARCEL NUMBER 8765-005-905 AND PARCEL NUMBER 8763-
026-901).
(a) ORDINANCE NO. 02(2007): APPROVING DEVELOPMENT
AGREEMENT 2005-01.
(b) ORDINANCE NO. 03(2007): APPROVING ZONE CHANGE NO.
2006-03, CHANGING THE ZONING DISTRICT FROM R-15,000 AND
RPD 10,000 TO SPECIFIC PLAN (SP) FOR THE PROJECT AND
RECREATION (REC) FOR THE FUTURE PARK.
(c) ORDINANCE NO. 04(2007) APPROVING SPECIFIC PLAN NO.
2005-01 FOR THE PROJECT AREA.
6.7 APPROVED CONTRACT WITH EDAW, INC. TO PROVIDE
ENVIRONMENTAL CONSULTING SERVICES TO THE CITY FOR
REVIEW OF THE AERA ENERGY LLC PROJECT ($307,435) AND
AUTHORIZED A 10% CONTINGENCY TO BE APPROVED BY THE
CITY MANAGER FOR A TOTAL AUTHORIZATION OF $337,435.
6.8 RECEIVED AND FILED DRAFT FISCAL IMPACT ANALYSIS OF
THE PROPOSED AERA ENERGY DEVELOPMENT PROJECT.
MARCH 20, 2007 PAGE 4 CITY COUNCIL
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUBCOMMITTEE REPORTSICOUNCIL MEMBER COMMENTS:
C/Everett announced that the City will miss Frank Piermarini, a very
prominent and successful developer in the community who recently suffered
a fatal heart attack. C/Everett and his wife Kay extend their deepest
sympathies to his family. One of Mr. Piermarini's proudest accomplishments
and lasting legacies was the building of St. Denis Church. He hoped that
residents were able to take advantage of the power mower exchange
program presented by the South Coast Air Quality Management District. He
announced that there would be an a -waste collection on Saturday, March 24,
from 7:30 a.m. to 3:30 p.m. in Annex K at CalPoly Pomona. For further
information call 909-869-4697. He encouraged everyone to attend the State
of the City event. He talked about his attendance at the National League of
Cities Conference in Washington D.C. last week and offered to share his
resource material with anyone interested.
C/Chang was glad that D.B. was a member of the National League of Cities.
He used to attend and enjoy the meetings and the exchange of information.
During the past couple of weeks residents received flyers about the
proposed Aera Project. This Council is studying the matter and has not
made any decisions regarding whether or not the City is interested in the
Project. No taxpayer dollars are being spent on studying this proposed
project. He felt the flyer was somewhat misleading. He was pleased that
M/Tye sent out a letter explaining the situation. He encouraged everyone to
attend the State of the City event. He asked M/Tye to adjourn tonight's
meeting in memory of Frank Piermarini. He offered condolences to Mr.
Piermarini's family.
C/Herrera attended the National League of Cities Conference in Washington
D.B. to lobby legislators and members of transportation committees for
monies for California since California has so many transportation problems
from vehicular traffic, truck traffic from the ports, trains, and so forth.
California needs Federal dollars to help resolve these problems and
Congressional members she visited were very receptive and open to helping
members of her delegation. She visited Congresswoman Grace Napolitano
to talk about Foothill Transit and spoke with Congressman Gary Miller who
was hospitable and very responsive to D.B.'s long list of requests forfunding.
She thanked her colleagues for taking time to attend and said that she
appreciated the opportunity to get to know her colleagues better during the
conference.
MARCH 20, 2007 PAGE 5 CITY COUNCIL
MPT/Tanaka stated that the D.B.H.S. Principal challenged the Leo Club to
do a "Leo Square" campus beautification project. He congratulated Scout
Troop 737 leaders, the faculty advisor and his wife Wanda for helping out
with the project. On Sunday he had his car washed by the Miss Diamond
Bar Pageant who was holding a fundraiser. The Miss Diamond Bar Beauty
Pageant will be held April 1 at D.B.H.S. On Tuesday he enjoyed a St.
Patrick's Day lunch with -the D.B. Seniors. On Tuesday he also attended a
swim meet at Walnut High School and on Saturdaythe D.B.H.S. Swim Team
held their first Home Swim Meet at Walnut High School. On Tuesday he
attended the WUSD Board meeting and heard about plans to upgrade the
middle school campuses. He attended the Regional Chamber of Commerce
of San Gabriel Valley mixer at the Diamond Bar Hills Club and toured the
facility. On Friday he attended the Grand Re -Opening of the Basically Books
used bookstore and that afternoon he attended the University of Phoenix
Open House. On Saturday he attended Guk An Lew's 100th Birthday party.
On Sunday he attended the St. Joseph's Table at St. Denis Church and
enjoyed an excellent pasta lunch. That afternoon he attended the Inland
Empire Bridal Gala at the D.B. Golf Course. Last night he attended the
Pomona City Council meeting. He congratulated paramedic Alfonso Cid who
has been at Station 120 in D.B. for the past seventeen years and who
recently celebrated 30 years with the LACFD. Station 120 will hold an open
house next week.
M/Tye spoke about the flyers being distributed by "The Hills for Everyone."
Council and staff received a flurry of emails and telephone calls, of which he
returned. The misstatements and half-truths contained in the flyer need
clarification. "During Christmas week Diamond Bar City Council cut a deal."
It wasn't Christmas week. Actually, it was before Christmas. However, the
date is irrelevant. This Council meets on the first and third Tuesday of every
month unless the meeting falls on a holiday or is cancelled well in advance of
the duly noticed date. So that everyone is clear, no deal was cut nor was any
project approved. What the Council agreed to do was to receive a report, a
report that is not yet ready. When the Council receives the report the public
will be notified. The flyer references "it's not too late but they're counting on
your silence." M/Tye says that he is absolutely counting on the public's
informed understanding and he believed that Hills for Everyone cared only
that residents see things from their perspective. The flyer also references
"sneaky deals by your City." This statement refers to the City Council. There
were no sneaky deals. Statements in the flyer are inflammatory comments
designed to insight people to become excited and there is no reason to sew
that type of dissention in this community. He and his colleagues have stated
publicly and repeatedly that they are here for the residents. The flyer talks
"sneaky
about deals by the City" yet he has a letter written by then City
Manager Linda Lowry dated June 30, 2006 that states: "As we look at
budgets we undertake different actions, we have City Council Goals and
Objectives" and there under "Other Issues" it states: "Expand the Sphere of
Influence, create a pre -annexation agreement for the Shell Oil property."
That is available for anyone who would take the time to read it. There is
MARCH 20, 2007 PAGE 6 CITY COUNCIL
nothing secret about a City Council Goal and Objective that was decided
over eight months ago. Another of the City Council Goals and Objectives is
to "monitor and evaluate proposals for development and the Shell Oil
property." And as C/Chang said and he would be that all of his colleagues
would agree, it is the Council's responsibility to consider what is good for the
City of D.B. It does not mean that any action will be taken. This is a private
landowner that is entitled to the due process that any other private landowner
is entitled to and he hoped that everyone would keep that in mind, especially
when unsolicited and misleading mailings are received. He said he
appreciated the passion that "Hills for Everyone" exhibits but believed it could
be done honestly and forthrightly. He shared a quote by Abraham Lincoln:
"If I were to try to read, much less answer, all of the attacks made on me the
shop might as well be closed for any other business. I do the very best I
know how, the very best I can and I mean to keep doing so until the end. If
the end brings me out all right, what is said against me won't amount to
anything. If the end brings me out wrong, 10 angels swearing I was right
would make no difference. He felt it was important that he was looking out
for the best interests of D.B. and he would continue to do the very best he
knew how to do as he believed everyone sitting at the dais would do.
M/Tye said that a couple of weeks ago he was at Diamond Ranch High
School to meet with a committee considering the California Distinguished
School Award, the school's re -certification. He said he was very impressed
by what he saw. He thanked C/Chang and C/Herrera for mentioning the
National League of Cities, an organization he felt was very important. It is
heartwarming to be able to take a contingency to visit Congressman Miller
and others in Washington D.C. to make sure he understands how important
the City Council believes it is as a community for him to do everything
possible to get funding for a final fix for the SR57/60 and other projects. The
City appreciates Congressman Miller's efforts on behalf of D.B. He hoped
that everyone would join the Council for the State of the City event on
Thursday at 6:30 p.m. in the Diamond Bar Center. He congratulated Irene
Wang who became a grandmother for the first time on March 17. He hoped
residents would join him at Starbucks at 9:00 a.m. on Saturday, March 24.
He paid tribute to Frank Piermarini who was only 57 when he passed away.
Life is short and it is important to count your blessings on a daily basis.
ADJOURNMENT: With no further business to conduct, M/Tye adjourned the
Regular City Council meeting at 7:30 p.m. in memory of Frank Piermarini.
v
TOMMY CRIBBINS, CITY CLERK
1
MARCH 20, 2007 PAGE 7 CITY COUNCIL
The foregoing minutes are hereby approved this 3rd day of Ar)ril 2007.
STE YE, MAY T,