HomeMy WebLinkAbout1/15/2008 Minutes - Regular MeetingF_
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MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JANUARY 15, 2008
CLOSED SESSION: 6:00 p.m., Room CC -8
Public Comments on Closed Session Agenda
► Government Code Section 54956.9(a) — Pending Litigation — (2
Cases)
(1) People of the State of California v. Ratan Hospitality, LLS
(Scribbles) Case No. BC 351925
(2) Ayad, et al v. Diamond Bar — Case No. BC 347013
Closed Session adjourned at 6:35 p.m.
CALL TO ORDER: Mayor Tanaka called the regular City Council
meeting to order at 6:43 p.m. in The Government Center/SCAQMD Building
Auditorium, 21865 Copley Dr., Diamond Bar, CA.
CA/Jenkins reported that there were no public comments on the Closed Session
agenda and no reportable action was taken by the City Council.
PLEDGE OF ALLEGIANCE: Council Member Herrera led the Pledge of
Allegiance.
INVOCATION: Pastor Randy Lanthripe, Church in the Valley,
gave the invocation.
ROLL CALL: Council Members Chang, Herrera, Tye, Mayor Pro
Tem Everett and Mayor Tanaka.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Mike Jenkins, City Attorney; Bob Rose, Community
Services Director; David Liu, Public Works Director; Linda Magnuson, Finance
Director; Nancy Fong, Community Development Director; Fred Gubman, Planning
Manager; Ken Desforges, IS Director; Ryan McLean, Asst. to CM; Rick Yee, Senior
Engineer; Kimberly Molina, Associate Engineer; Dennis Tarango, Building Official;
Cecilia Arellano, Public Information Coordinator; Lauren Hidalgo, Public Information
Specialist, and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: CM/DeStefano stated that the Study Session
scheduled for tonight was canceled due to the Inland Valley Humane Society
Executive Director, Bill Harford, being ill and unable to attend tonight's meeting. He
also stated that Mr. Harford had requested that the item be continued until February
5th
C/Herrera moved, C/Chang seconded, to continue Consent Calendar Item 6.7 to
JANUARY 15, 2008 PAGE 2 CITY COUNCIL
February 5, 2008. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett,
M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 C/Tye proclaimed January 2008 as "National Blood Donor Month" and
presented the proclamation to Micha Mann with the American Red
Cross.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 CM/DeStefano stated that the Alameda Corridor— East Construction
Authority was here tonight to update the Council and public on the
Grade Separation Project as well as announce the reopening of some
streets and the closure of Washington St. CM/DeStefano went on to
introduce Mr. Rich Richmond with ACE.
Mr. Richmond thanked the City Council and staff for their help in
moving the project forward. He then introduced Girish Roy, Project
Manager who spoke regarding the Project.
Girish Roy, Project Manager, presented traffic detour plans for the
Metrolink access closure. The plan includes closure of the
intersection of Brea Canyon Rd.and Washington Stas well as, the
access road to the Metrolink Station and the reopening of Currier Rd.
and Brea Canyon Rd. north up to Spanish Ln. with access through the
traffic signal to the Metrolink parking area. By doing this the
contractor will be able to move the construction on the south side of
the railroad, excavate Brea Canyon Rd. and portions of Washington
St. at the same time in order to save a significant amount of time in
moving the project forward and open Brea Canyon Rd. to through
traffic by mid -summer. He stated that construction notices will be sent
out to Metrolink riders and affected residents.
3. PUBLIC COMMENTS:
Sawarn Dabgotra, announced that on January 27, 2008 his organization
would celebrate India's 58th Republic Day Celebration at the Diamond Bar
Center from 5:30 to 9:30 p.m. He invited Council and the Community to
attend.
4. RESPONSE TO PUBLIC COMMENTS: None
JANUARY 15, 2008 PAGE 3 CITY COUNCIL
5. SCHEDULE OF FUTURE EVENTS:
5.1 Holiday Tree Curbside Collection Program — December 26, 2007
through January 18, 2008. Trees free of decorations and flocking
may be left on the curb for free pickup during this period. Any tree six
(6) feet or above must be cut in half.
5.2 Winter Snow Fest — January 19, 2008 — 10:00 a.m. to 4:00 p.m.,
Pantera Park, 738 Pantera Drive.
5.3 Planning Commission Meeting — January 22, 2008 — 7:00 p.m.,
SCAQMD/Government Center Auditorium, 21865 Copley Drive.
5.4 Parks and Recreation Commission Meeting — January 24, 2008 —
7:00 p.m., SCAQMD/Government Center Hearing Board Room,
21865 Copley Drive.
5.5 Caltrans Public Meeting "State Route 60/Lemon Avenue Interchange
Project" — January 29, 2008 — 6:30 p.m. — 8:30 p.m., Room CC -6,
SCAQMD/Government Center, 21865 Copley Drive.
5.6 City Council Meeting — February 5, 2008 — 6:30 p.m.,
SCAQMD/Government Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: C/Chang moved, C/Tye seconded, to approve the
Consent Calendar as presented. Motion carried by the following Roll Call:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett,
M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 CITY COUNCIL MINUTES:
6.1.1 Study Session Minutes of December 18, 2007 —as submitted.
6.1.2 Regular Meeting of December 18, 2007 — as submitted.
6.2 RATIFIED CHECK REGISTER — dated December 13, 2007 through
January 8, 2008, totaling $1,223,654.55.
6.3 APPROVED TREASURER'S STATEMENT — month of November
2007.
6.4 ADOPTED RESOLUTION NO. 2008-01: CONFIRMING THE
APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN
GABRIEL VALLEY COUNCIL OF GOVERNMENTS.
JANUARY 15, 2008 PAGE 4 CITY COUNCIL
6.5 APPROVED NOTICE OF COMPLETION FOR RESIDENTIAL AREA
3 AND ARTERIAL ZONE 1 SLURRY SEAL/CHIP SEAL PROJECT
BY DOUG MARTIN CONTRACTING COMPANY.
6.8 ADOPTED RESOLUTION NO. 2008-02: ESTABLISHING AN
APPROVED VENDOR LIST AS DEFINED IN ORDINANCE NO.
05(2006) TO BE IN EFFECT FROM FEBRUARY 1, 2008 UNTIL
JANUARY 31, 2009.
6.9 APPROVED NOTICE OF COMPLETION FOR MODIFICATION OF
TRAFFIC SIGNALS AT BREA CANYON ROAD/SILVER BULLET
DRIVE; DIAMOND BAR BOULEVARD/SHADOW CANYON DRIVE;
DIAMOND BAR BOULEVARD/MOUNTAIN LAUREL WAY; GOLDEN
SPRINGS DRIVE/PROSPECTORS ROAD, AND GRAND
AVENUE/DIAMOND BAR BOULEVARD/HIGHLAND VALLEY, BY
MACADEE ELECTRIC.
ITEMS WITHDRAWN FROM CONSENT CALENDAR:
6.6 APPROVE CONTRACT AMENDMENT TO THE WILDLIFE
CORRIDOR CONSERVATION AUTHORITY (WCCA) JOINT
EXERCISE OF POWERS AGREEMENT INCREASING THE
ANNUAL MONETARY CONTRIBUTION OF PARTIES.
C/Herrera said she was concerned about this matter because
although it was reasonable that the dues might be increased, a 400%
increase from $500 per year to $2000 per year was not justified. She
believed it was time for the City to determine whether its membership
in various organizations was beneficial to the City and its residents.
WCCA is an organization that has oftentimes been at odds with the
City, challenging the City's administrators and Council Members on
their actions and decisions. She was not sure that there was any
benefit to continuing a membership in the organization. She
recommended that the matter be tabled until further investigation can
be completed with respect to potential liabilities in being or not being a
member of this or other organizations. Also, she wanted to know the
jurisdiction of the Wildlife Corridor Conservation Authority and
whether WCCA could impose "Eminent Domain" under either
scenario. She said it was her understanding that WCCA has
jurisdiction over all member cities and that they can impose "Eminent
Domain" within those member city boundaries.
M/Tanaka felt it was beneficial to remain a member of WCCA in order
to provide the City the opportunity to explain the City's position.
C/Tye said he would prefer to be at meetings during which the City is
being discussed rather than be outside the meeting having WCCA
discuss D.B. However, his statement was not meant to indicate that
JANUARY 15, 2008 PAGE 5 CITY COUNCIL
he agreed that the City should agree to quadruple the membership
fee. It bears looking into and he agreed with C/Herrera's concerns
and request for additional information.
C/Chang felt the City should remain involved with WCCA and agreed
that the Council should further discuss the matter after staff has
uncovered additional information.
C/Herrera moved, C/Tye seconded to table Consent Calendar Item
6.6. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye,
MPT/Everett, M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.7 APPROVE CONTRACT AMENDMENT WITH INLAND VALLEY
HUMANE SOCIETY/SPCA IN THE AMOUNT OF $75,000 OVER A
PERIOD OF FIVE YEARS TO FUND EXTENSIVE ANIMAL
SHELTER RENOVATION AND EXPANSION — Continued to February
15, 2008 by unanimous vote of Council.
7. PUBLIC HEARINGS:
7.1 CONSIDERATION OF ADOPTING RESOLUTION NO. 2008-03:
APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM IN THE AMOUNT OF $498,368 FOR FY 2008-09 TO
INCLUDE $360,613 IN NEW ALLOCATED FUNDS AND $137,755 IN
REALLOCATED FUNDS.
CDD/Fong stated that the purpose of the program is to benefit low
and moderate -income families. Funds may be used for a variety of
community development activities such as public services,
administration and public works projects. She elaborated on the
proposed allocations and recommended that the City Council open
the Public Hearing, receive testimony and Adopt Resolution No. 2008-
03.
M/Tanaka opened the Public Hearing
Jane Taylor, CEO, Pomona Valley YMCA, announced that among the
services that the money is used for, monies were also being used to
assist a homeless family in D.B. and provide childcare. Monies have
also been used to tutor kids in the area. She thanked the City Council
for the allocation.
Wlith no further testimony being offered, M/Tanaka closed the Public
Hearing.
JANUARY 15, 2008 PAGE 6 CITY COUNCIL
C/Chang said that the City was aware of the services provided by the
YMCA and that many residents including his family have benefited
from their service.
C/Tye asked why on Page 5 of the report it indicated the YMCA
childcare allocation was reduced by $65 and another allocation was
proposed to remain at $5,000 rather than be increased to the $10,000
requested. It made sense to him to allocate funds to the YMCA as
requested and perhaps postpone for six months to a year "low energy
restroom door retrofit at the Diamond Bar Center.
CM/DeStefano explained that there is a cap in each category of
allocated funds. The D.B. YMCA program is in the "public service"
category that allows for a maximum of 15% of the total dollars.
Therefore, the maximum for that category is about $5,491. Should
the Council decide to add to the YMCA allocation, for example, the
funds would be taken from the Senior Services program and then the
City would provide the additional funds to supplement the Senior
Services program from the General Fund. The reason for the
reduction over the previous year is because the total allocation is less
than the previous year and there was a resulting percentage drop
across the board.
C/Herrera remembered in years past 20-30 individuals came before
the Council requesting funds. Unfortunately, there was not enough
money to go around. The Government has significantly cut the
allocations to cities and in some years it was questionable whether
the City would get any CDGB money. Staff has worked hard to come
to a balance with the allocations.
C/Herrera moved, C/ Chang seconded to Adopt Resolution No. 2008-
03. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye,
MPT/Everett, M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8. COUNCIL CONSIDERATION:
8.1 AUTHORIZE THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH MAXIMUS TO
PREPARE A COMPREHENSIVE USER FEE AND RATE STUDY
FOR THE DEVELOPMENT SERVICES DIVISIONS (BUILDING AND
SAFETY AND PLANNING AND ENGINEERING) AND COMMUNITY
SERVICES DEPARTMENT IN THE AMOUNT OF $36,400.
JANUARY 15, 2008 PAGE 7 CITY COUNCIL
CM/DeStefano presented staff's report and recommended Council's
concurrence to enter into a Professional Services Agreement with
Maximus to provide Council with the opportunity to study the
recommendations and reach a decision regarding fees for service to
be charged in the ensuing year and to build the results into the
upcoming budget.
CDD/Fong went on to elaborate on the parameters of the contract
requests and explained that Maximus was selected based on the
company's past experience, scope of work and proposed cost. The
scope of service would include a complete review of the City's existing
fees and costs; development of a newly proposed cost -recovery fee
schedule that would be legally defensible and incorporate applicable
State Code amendments and other related studies. Staff
recommends that Council review the proposed agreement and
approve the contract.
C/Chang recommended that Maximus be directed to study the length
of review time for various project phases and include a study of the
Diamond Bar Center expenses being covered by the income received.
There was no one present who wished to comment on this matter.
C/Chang moved, MPT/Everett seconded to approve a Professional
Services Agreement with Maximus. Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye,
MPT/Everett, M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Tye wished everyone a Happy New Year. He stated that on January 7 he
and C/Chang attended the Economic Development Subcommittee meeting
where Staff gave an update on opportunities within the City. On January 19
he hoped residents would join with the City to celebrate the Snow Fest. On
January 24 he hoped that residents would also plan to attend the Education
Summit being hosted by Assemblyman Bob Huff and State Senator Bob
Margett. The featured speaker will be Dr. David Long, California Secretary of
Education. The event will be held at Citrus College in Glendora from 6:00
p.m. to 8:00 p.m.
C/Herrera echoed C/rye's sentiments. She hoped to see residents
participate in the Snow Fest and hoped for good weather. As the City moves
into its phase of calculating next year's budget she would like staff and
JANUARY 15, 2008 PAGE 8 CITY COUNCIL
Council to more fully scrutinize its memberships and what benefits the City
receives from them. C/Herrera announced that Diamond Bar Honda will be
leaving and taking with it about $300,000 to$400,000 in sales tax revenues —
money that will no longer be available to the City. She had hoped that the
City would be further along in recruiting additional businesses to D.B. but
some opportunities seemed to have slipped away. She stated that it is even
more critical now that the Council make very deliberate and well thought out
decisions by deciding what will bring the best return to the City. While the
City enjoys a nice reserve it will not last. Residents commented to her during
the election that the City should just backfill the General Fund with the
surplus. That can be done for only a certain length of time until the reserves
are gone. In the event of a catastrophic occurrence there would be no
reserves, which she felt would be irresponsible governance.
C/Chang wished everyone a Happy New Year. He stated that he expects
the economy to be a bit softer in 2008 and that the public can be assured
that the City Council would be cautious when it comes to spending without
cutting the quality of services. C/Chang stated that the Economic
Development Committee keeps an eye on the vacancies in the City and
discusses what can be done to improve the economy. He spoke about
shopping areas and other areas of the City that need to be filled and
rehabilitated and what the Committee is hoping to accomplish. When staff
indicated that Panda Express was no longer planning to locate in D.B. C/Tye
encouraged C/Chang to contact the owner whom he knows to encourage
him to reconsider. The owner told him that he needs to study the feasibility
of the business in D.B. but will continue to own the property.
MPT/Everett encouraged everyone to participate in economic development
and other pursuits that bolster the City's economy. He wished everyone a
very Happy New Year and a "Great 08." There are serious financial issues
facing the State and cities. Education is one of the most vulnerable areas of
the State's budget. D.B. is very fortunate to have outstanding school districts
supporting its students. MPT/Everett said he would be in Sacramento
tomorrow attending a League of California Cities Seminar. Education is vital
and many people moved to D.B. for the excellent education. He read an
analysis of the education and facilities exposures due to budget
considerations. At the same time there was an analytical, constructive,
positive and encouraging analysis of school by school within the district and
he felt that this year would be no different — it Would be tough because of
funds and lack of funds but with the commitment of parents, teachers and
staff it will be a great year. Today he spoke to elementary students about
government. The event was very, very encouraging because they were very
well informed about the Federal Government. He encouraged everyone to
partake of the new businesses in town. He encouraged business people to
attend the Chamber's Government Affairs meeting. Today Bill Dwyer, a
former LA Times sports editor wrote an interesting article about UCLA
receiving a letter of inquiry from the NCAA seeking information about
possible illegal contact between a recruit and a person representing the
JANUARY 15, 2008 PAGE 9 CITY COUNCIL
interests of the University. He elaborated on what occurred and hoped that
everyone could gain from that perspective and move forward into the year
2008 with integrity, enthusiasm and honesty in spite of dismal facts going
forward.
M/Tanaka stated that on December 19 he attended the DB 4 -Youth meeting
during which next year's activities were discussed followed by a holiday
celebration with music and refreshments. On December 20 he and
CM/DeStefano attended the Regional Chamber of Commerce Board
Meeting. The D.B. Chinese-American Association held its quarterly birthday
celebration and Christmas party. He attended the L.A. County Sanitation
District meeting and later that afternoon the D.B. Seniors Holiday Dinner
Dance which C/Tye also attended. On January 8 the D.B. Seniors held their
installation and lunch. He congratulated Joe Piper, incoming President and
Board Member. MPT/Everett and M/Tanaka attended the ribbon -cutting
ceremonies for CITI Financial. On January 14 M/Tanaka and CM/DeStefano
met with Nick Conway, Executive Director, San Gabriel Council of
Governments for orientation and regional update regarding transportation,
housing, employment and other issues. On Monday it was an honor for his
wife Wanda and him to attend the Indo -American Community Federation
installation and dinner. He congratulated new president Surinder Bhogal and
the rest of his board. He wished everyone a Happy New Year filled with
good health and much happiness.
ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the
regular City Council meeting at 8:04 p.m.
T M CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this _ day of Eg,-;, t�� � , 2008.
JACK TANAKA, MAYOR
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