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HomeMy WebLinkAbout3/18/2008 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MARCH 18, 2008 STUDY SESSION: M/Tanaka 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, Herrera, Tye, Mayor Pro Tem Everett, 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; Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Linda Magnuson, Finance Director; Ken Desforges IS Director; Rick Yee, Senior Engineer; Kimberly Molina, Assistant Engineer; Ryan McLean, Asst. to City Manager; and Tommye Cribbins, City Clerk. Also Present: Gary George, Jim Bollier and other staff members with Verizon. ► VERIZON'S PROPOSED FIBER -TO -THE -PREMISES PROJECT — (Residential telephone, television and Internet Services). PWD/Liu gave a brief presentation of Verizon's proposed Fiber -to -the - Premises Project being proposed in the City. He then turned the item over to SE/Yee for further discussion. SE/Yee presented a power point presentation on Verizon's proposal for installation of a Fiber -to -the -Premises project explaining the multiple services including telephone, television and Internet services via fiber optic lines that would be available to residences. Some project areas would be coordinated with the City's slurry seal program. The City will control the number of concurrent permits issued. Verizon will be required to go through the plan check process for fiber optic locations to ensure that the City is able to review and approve final hub locations. In addition, the City will require a Performance Bond to ensure that the public right-of- way will be restored. Verizon expects work in Areas 5, 6 and 7 to be completed toward the end of 2009 — 2010 with the proposed start date April 2008. MPT/Everett asked for the ratio of overhead lines to underground fiber optics. Jim Bollier responded that Verizon anticipates about 15% overhead and about 85% sub -structure. SE/Yee responded to C/Tye that one storage cage would be installed for each 400 houses. MARCH 18, 2008 PAGE 2 CC STUDY SESSION Gary George explained to C/Herrera that cages are located within the neighborhood and that all installations are flush. Rarely is there vandalism to one of the cages and if there is it is generally graffiti and that Verizon would be responsible for cleanup. C/Herrera asked how much inconvenience there would be to the residents. Mr. George said that Verizon goes into a neighborhood the week before the project begins to notify residents that they may need to back their vehicles out of their driveways prior to boring. This project does not affect the street. It's a bother but does not impede traffic flow and the project moves through one street each day. CM/DeStefano stated that Verizon had been in his neighborhood for about one week. The first week they came into the neighborhood and identified all of the utilities in the neighborhood and the streets were marked with different colors to identify all of the utility lines. Verizon then generally identified where borings would take place. The City of Walnut, through its newsletter, provided notice that the project was forthcoming a couple of months before entering his neighborhood. About a week before the - project commenced the city put out another notice to the residents and door hangers were placed on each residence about the time the streets were being marked for utility locations. Then work commenced. On occasion a lane would need to be closed but generally, the work was done after most residents left for work and generally completed prior to the time most residents return from work so as to cause as little disruption as possible. C/Chang asked if the box would replace the existing box. Mr. Bollier explained that this would be an additional box because as a regulated utility the copper lines have to be shared with local base carriers. C/Chang asked what would happen down the road with Verizon, Time - Warner, etc. SE/Yee stated that currently, the City is provided high-speed Internet by Time -Warner. For the past three years the City has been exploring broad band service and determined that Verizon would provide an excellent opportunity. Wi-Fi would be provided in limited areas for economic development purposes. Mr. George explained that this is a residential service only and is particularly useful for home-based businesses. By the end of the year the service for big business should be available. 1 MARCH 18, 2008 PAGE 3 CC STUDY SESSION CM/DeStefano talked about the millions of dollars spent improving the City's streets. Council needs to be aware that for the first couple of years the City would be on the heels of Verizon's work and would be able to slurry seal the areas in which the work takes place; however, most of the areas will not be covered in that manner. Therefore, there may be a few years during which the curing takes place. The only other option would be for the City to invest in an accelerated slurry seal program, which would create a variety of other chaotic problems for the City. The City needs to remain on its seven-year cycle. MPT/Everett said he and residents were more concerned with smoothness of the joints and placement of the boxes. Mr. George responded that the City was assured of smooth joints as indicated in the contract. CM/Doyle said that as previously stated by PWD/Liu, there would be inspections to ensure compliance. MPT/Everett asked if this proposal was the best alternative to date, whether there were other proposals and how far in the future might other alternatives be available with respect to Verizon. ISD/Desforges said that in his opinion, Verizon offers the best technical solution. Verizon has a state franchise for television service (IPTV). Mr. George said that Verizon has always had a state franchise for the data elements. ► DISCUSSION OF TEMPORARY POLITICAL SIGNS. CM/DeStefano gave a brief report emphasizing proliferation and aesthetics. The issue is whether to allow signs within the public right-of- way. Four years ago the City Council decided not to make any changes. Most cities do not allow signs in the public right-of-way which was staff's recommendation four years ago and staffs recommendation would remain the same this time. Staff recommended the City Council receive public comment and continue the matter to the April 1, 2008 Study Session. C/Chang stated that the Neighborhood Improvement Committee also recommended that signs not be placed in the public right-of-way. PUBLIC COMMENTS: AI Rumpilla, resident said he would like the Council to extend an invitation to AT&T and other major vendors to open competition and possibly offer lower prices to the end users. MARCH 18, 2008 PAGE 4 CC STUDY SESSION CM/DeStefano explained that this program is not an exclusive contract. Other carriers are welcome to come into the community and have every right under PUC authority to do so. CA/Jenkins explained that there are only two carriers that have state franchises for video — Verizon and AT&T. Vendors tend to move into their current service areas and it is doubtful that AT&T would come into the City. This is not a situation that offers the City a choice. Verizon has a state franchise and has the absolute right to come into the community subject only to the City's direction for placement of boxes and management of the work so that it has the least impact on the community. Al Rumpilla said that he was opposed to restricting political signs in the public right-of-way unless the City agreed to remove the banners and that he would be disappointed if the Council considered restriction of freedom of speech rights in the public right-of-way. ADJOURNMENT: With no further business to discuss, M/Tanaka adjourned the Study Session at 6:30 p.m. TOMMY CRIBBINS, City Clerk The foregoing minutes are hereby approved this lot day of April 2008. JRCK TANAKA, Mayor 1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 18, 2008 CLOSED SESSION: STUDY SESSION: None 5:32 p.m., Room CC -8 ► Verizon's Proposed Fiber -to -the -Premises Project — Residential Telephone, Television and Internet Services No. Discussion of Temporary Political Signs — Discussion and Action — Continued to April 1, 2008. Public Comments: Al Rumpilla spoke regarding both items. Study Session adjourned to the regular meeting at 6:30 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 Auditorium, 21865 Copley Dr., Diamond Bar, CA. CM/DeStefano reported that during tonight's study session the City Council received an overview of Verizon's proposed "Fiber -to -the -Premises" project for residential homes. The project will commence in one portion of the community possibly as early as April of this year and continue for about two and one-half years to completion citywide. Council received a presentation and engaged in brief discussion regarding potential changes to the City's Temporary Sign Ordinance dealing with political signs. This matter was continued to the April 1, 2008 Study Session. PLEDGE OF ALLEGIANCE: C/Herrera led the Pledge of Allegiance. INVOCATION: Pastor Ab Kastl, Diamond Canyon Christian Church, 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; Greg Gubman, Planning (Manager; Ken Desforges, IS Director; Ryan McLean, Asst. to the City Manager; Rick Yee, Senior Engineer; Kimberly Molina, Assistant Engineer; Patrick Gallegos, Management Analyst; Lauren Hidalgo, Public Information Specialist; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. MARCH 18, 2008 PAGE 2 CITY COUNCIL E SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Tye read a Proclamation proclaiming the Girl Scouts of America Annual "Cookie Campaign for 2008. C/Tye presented the proclamation to Brownie Troop 290 Scouts and Troop Leader Crystal Bernal. BUSINESS OF THE MONTH: 1.2 C/Herrera presented a City Tile to Jayesh Shah, owner of Sangam, 1155 S. Diamond Bar Blvd., Suite A, as Business of the Month for March 2008. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Lt. Maxey introduced Sgt. Marc Saunders, Los Angeles County Sheriff's Department Traffic Sergeant and Diamond Bar Team Leader. 3. PUBLIC COMMENTS: Ling -Ling Chang, member of the Walnut Valley Water District Board, introduced new Boardmember Scarlett Kwong representing Division 5. Ms. Kwong invited residents to a free orientation seminar "Water 101" to be held April 26. John Martin thanked the City for encouraging Chili's to change the color of their fagade. He hoped that the Site D plan would encourage setbacks similar to those of the Target store and that the project would keep the berm and old-growth trees intact. Jerry Hamilton invited residents to attend the 7th Annual Senior Talent Show on April 5 from 10:00 a.m. to 12:00 noon at the Diamond Bar Center. Irene Wang, Diamond Bar Librarian, announced that the library would be closed from March 24 through April 4 for renovation. She recommended that individuals needing library services during the closure visit Rowland ht Hacienda Heights or LaPuente Libraries. Ms. Wang invited Heig s, residents to view the library's new equipment on April 5. Kevin Clayborn announced that on Sunday, March 30, his business would sponsor a "cutathon" on Sunday, March 30 from 11:00 a.m. to 2:00 p.m., 3220 S. Brea Canyon Rd. Haircuts for girls 14 and under will cost $15 with all proceeds being donated to benefit children with AIDS. Al Rumpilla said he attended tonight's study session and addressed the City Council. He and his father served their country and did so so that all citizens MARCH 18, 2008 PAGE 3 CITY COUNCIL would have the right to freedom of speech and expression. If the Council prohibits political signs in the public right-of-way the City will be obligated to remove the banners honoring soldiers. He asked Council to eliminate this matter from its agenda. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responding to Public Comments announced that Chili's plans to open in four to six weeks. The color change was not mandated, the original color was a primary coat and the finished coat is the actual color. With respect to Site D, the 29 -acre vacant property located at Brea Canyon Rd. at Diamond Bar Blvd. is owned by the Walnut Valley School District. The School District sometime ago declared the property surplus and is looking to dispose of the property. The City of D.B. has an interest in ensuring that proper land use is established for the property and has therefore engaged a consultant to work with the City and the landowner in order to develop a land planning program for the property which will likely include about 50% for residential and 50% for commercial. The City has also engaged an environmental consultant to create an Environmental Impact Report (EIR). The meeting that was held three or four weeks ago was a public scoping meeting to discuss with those in the immediate area the Project's components at this point and seek feedback from residents regarding those components, all of which is incorporated in the environmental consideration. An EIR has not yet been prepared; it is underway and when prepared, it will undergo the public process for review and hearings before the Planning Commission and City Council. The considerations that Mr. Martin expressed regarding landscaping and City entries were received at the public scoping session both verbally and in written form and will be forwarded to the team working with the City in planning future development for this property. Likewise, Mr. Martin's comments will be forwarded to the Walnut Valley Unified School District owner's of the property. The City has no interest in development of the property other than to have it be an effective, appropriate and suitable land plan for the City. CM/DeStefano stated that with respect to political signs, the Council did not have time to discuss the matter which came to the Council as a result of public comments going back to the election season of 2007. Staff looked at what other communities do with respect to political signs and began a discussion with City Council this evening during the Study Session. The discussion has been continued to April 1, 2008. There have been no conclusions made with respect to this matter. Should the City Council decide that changes to the sign ordinance are warranted, there will be ample opportunity for public review. In fact, the Council may ultimately decide, as it has in the past, that no changes are necessary to the existing sign ordinance. MARCH 18, 2008 PAGE 4 5. SCHEDULE OF FUTURE EVENTS: CITY COUNCIL 5.1 State of the City Address — March 20, 2008 — 6:00 p.m. — 8:00 p.m., Diamond Bar Center Ballroom, 1600 S. Grand Avenue. 5.2 Easter Egg Hunt and Pancake Breakfast — March 22, 2008 — 8:30 a.m. Pancake Breakfast; 10:00 a.m. Easter Egg Hunt— Pantera Park, 738 Pantera Drive. 5.3 Planning Commission Meeting — March 25, 2008 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.4 Parks and Recreation Commission Meeting — March 27, 2008 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.5 City Council Meeting — April 1, 2008 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Herrera moved, C/Chang 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: (a) Study Session Minutes of March 4, 2008 — as submitted. (b) Regular Meeting Minutes of March 4, 2008 — as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular meeting of February 12, 2008. 6.3 RATIFIED CHECK REGISTER dated February 28, 2008 through March 12, 2008 totaling $974,563.20. 6.4 APPROVED AMENDMENT TO THE AGREEMENT OF PURCHASE AND SALE FOR SURPLUS PROPERTY BETWEEN THE CITY AND HORIZON PACIFIC, INC., A CALIFORNIA CORPORATION, AT 1325 SUMMITRIDGE DRIVE, COMMONLY KNOWN AS SUMMITRIDGE MINI -PARK, EXTENDING THE BUYER'S CONTINGENCY REVIEW PERIOD AN ADDITIONAL 60 DAYS. MARCH 18, 2008 PAGE 5 CITY COUNCIL 6.5 APPROVED AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH LDM ASSOCIATES INCREASING THE AMOUNT BY $15,000 FOR A TOTAL CONTRACT AMOUNT OF $39,772 FOR PROVIDING "AS -NEEDED" PLANNING SERVICES IN FY 07-08. 6.6 APPROVED AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH DAPEER, ROSENBLIT & LITVAK, LLP INCREASING THE AMOUNT BY $15,000 FOR A TOTAL CONTRACT AMOUNT OF $40,000 FOR PROVIDING CITY PROSECUTOR SERVICES IN FY 07-08. 6.7 APPROVED AUTHORIZATION TO EXCEED CITY MANAGER'S PURCHASING AUTHORITY OF $25,000 TO EXTEND CONSULTANT SERVICES FOR DESIGN AND CONSTRUCTION OBSERVATION TO BE PROVIDED BY DAVID EVANS AND ASSOCIATES FOR SYCAMORE CANYON PARK TRAIL — PHASE III, IN AN AMOUNT NOT -TO -EXCEED $35,000. 6.8 APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR TRAFFIC SIGNAL INTERCONNECT LINKS — PHASE 1 PROJECT IN THE AMOUNT OF $436,076.30 TO PTM GENERAL ENGINEERING SERVICES, INC. AND AUTHORIZED A CONTINGENCY AMOUNT OF $40,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $476,076.30 AND REJECTED LOW BID SUBMITTED BY PRO - TECH ENGINEERING. C/Chang spoke about the bid process and the investigation staff conducted to help Council reach its decision. 6.9 APPROVED CONTRACT AMENDMENT WITH ADVANTEC CONSULTING ENGINEERS FOR ON-GOING CITYWIOE TRAFFIC SIGNAL TIMING PROGRAM IN THE AMOUNT OF $12,000 FOR A TOTAL AUTHORIZATION AMOUNT OF $62,000. 6.10 AUTHORIZED THE CITY MANAGER TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH MAXIMUS IN THE AMOUNT OF $21,827 TO INCLUDE A COST ALLOCATION PLAN COMPONENT TO THE USER FEE AND RATE STUDY CONTRACT FOR A TOTAL CONTRACT AMOUNT OF $58,227. r7'. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: None MARCH 18, 2008 PAGE 6 CITY COUNCIL 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang said he agreed with comments made about keeping the community upgraded. The Neighborhood Improvement Committee and Code Enforcement officers work with community members to make sure the City is well maintained. In fact, during February the Neighborhood Improvement Officers conducted 1,100 property inspections. Officers issued 501 notices to residents asking them to upgrade their properties and improve landscaping; 271 notices were issued for improper display of temporary banners, balloons and business signs; 114 notices were issued for removal of illegal signs in the public right-of-way; 77 notices were issued for encroachments into the public right-of-way (portable basketball hoops, debris, furniture, etc.) The City also routinely mitigates graffiti. He spoke about the opening of Chili's and invited residents to participate in the grand opening. Every quarter the Sanitation District sponsors a Household Hazardous Waste pickup. About 1200 households participated in the February event. About 80% of the collected products can be recycled. He thanked residents for their support and attention to keeping the planet clean. He attended funeral services for Don Buckland and for Pomona Unified School District Board Member Nancy McCracken. C/Tye welcomed Sgt. Marc Saunders to D.B. He thanked residents in the area of Ronald Reagan Park for successfully expressing their concerns about placement of a cell site in the park. As a result of their efforts, Sprint Nextel listened and withdrew their application. Last week he, CM/DeStefano and Asst. to CM/McLean participated in the National League of Cities in Washington, D.C. They visited with Congressman Miller and thanked him for his support to D.B. This year's Federal Budget is proposed to be in excess of $3 trillion dollars that includes a $160-180 billion deficit. He said he was confident that Congressman Miller would keep a keen eye on things in Washington, D.C. He attended the memorial for Mrs. McCracken who passed away at age 80. April would have marked her 26th year of service in the Pomona Unified School District. The good news is that after almost four months of hospitalization, Deputy Rick Wright has been released and will continue to undergo extensive rehabilitation. He encouraged anyone within the boundaries of the Pomona Unified School District who wished to participate in filling the vacancy within the School District to get their application in. Applications are available at the Superintendent's office, 800 South Garey Ave. and are due back no later than 5:00 p.m. on March 31. For convenience the application packet can be downloaded at www.pusd.orq Superintendent Thelma Melendez -de Santa Ana needs good people to help her continue to make positive changes. C/Herrera congratulated staff and particularly PWD/Liu on a successful application for $320,000 received from the State Resources Agency for an environmental enhancement and mitigation program grant for reforestation of 12 acres on Golden Springs Dr. within the SR57/60 interchange area. She MARCH 18, 2008 PAGE 7 CITY COUNCIL announced that David Varnum staff member for Congressman Gary Miller is leaving in a couple of months. She wanted to thank him for being such an outstanding representative for Congressman Miller and for collecting information on what is happening in various cities. She wished Mr. Varnum good luck in his new location. Al Rumpilla has been one of the original gadflies for the City since incorporation and has been the voice and conscience for the City Council for a number of years. She has heard Council Members refer to Mr. Rumpilla as the 6th Council Member. She wished him well in his upcoming surgery and hoped to see him return in good form in the very near future. She said the Council would keep his comments in mind when next discussing political sign issue. She said she was pleased to be back. She welcomed a new grandchild and her husband had knee surgery so she had her hands full with family members. MPT/Everett welcomed C/Herrera back to the City Council and congratulated her on her new grandchild and her husband's recovery. He said it was his privilege to attend the PUSD School Board meeting last Tuesday to represent the Mayor and City Council as well as the community of D.B. in respect and thanks for the life and service of Nancy McCracken. One of Ms. McCracken's first projects was the JROTC. Other educational elements near and dear to Nancy were the arts and music programs. Part of the memorial service was provided by the very professional jazz band from Garey High School and the JROTC from Genesha High School presided over the flag folding ceremony. He attended the Miss Diamond Bar selection meeting at Diamond Bar High School 2008. He is also a member of the Neighborhood Improvement and the committee takes healthy pride in the beauty of the City. Citizen input as it relates to current and future projects is always appreciated. He thanked residents for their input and passion and wished Al Rumpilla well through his surgery. He wished everyone a Happy Easter. Among many events the past two weeks, M/Tanaka read for a fifth grade class at Rancho Elementary School for students involved with the Read Across America Program. He attended a Mardis Gras dinner dance and St. Patrick's Day lunch with the seniors. He recognized the memorial services and celebration of life services for Nancy McCracken and Donald Buckland. He expressed his condolences to their families and especially to Marie Buckland. He attended a breakfast with Senator Bob Margett during which a Caltrans speaker talked about many projects including those that would directly affect D.B. He said he was honored to act as emcee for the Miss Diamond Bar event and congratulated all who participated. Miss Diamond Bar for 2008 is Ashley Rush. Miss Diamond Bar and her court will make their first public appearance on Saturday at the 25th annual Easter Egg Hunt at Pantera Park. ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the regular City Council meeting at 8:07 p.m. MARCH 18, 2008 PAGE 8 CITY COUNCIL �n TOMMY CRIBBINS, CITY CLERK The foregoing minutes are hereby approved thisl t day of Ar)x l '2008. JACK TANAKA, MAYOR