Loading...
HomeMy WebLinkAbout7/1/2008 Minutes - Regular Meeting1 1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JULY 1, 2008 CLOSED SESSION: 6:00 p.m. — Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54956.9(c) — Initiation of Litigation — One Case ► Government Code Section 54956.8 — Conference with Real Property Negotiator Property Address Agency Negotiator: Under Negotiation: Summitridge Mini -Park APN #8701013902 City Manager Price and Terms CALL TO ORDER: Mayor Tanaka called the regular City Council meeting to order at 6:40 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: INVOCATION: C/Tye led the Pledge of Allegiance. None. 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; Susan Full, Senior Accountant; Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Ken Desforges, IS Director; Kimberly Molina, Associate Engineer; Lauren Hidalgo PIO Specialist; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: M/Tanaka requested that Item 1.1 under Special Presentation be removed from tonight's agenda. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.2 C/Tye proclaimed July 2008 Parks and Recreation Month and presented the proclamation to Parks and Recreation Chairman Ruth Low. JULY 1, 2008 PAGE 2 CITY COUNCIL NEW BUSINESS OF THE MONTH 1.3 M/Tanaka presented a City Tile to Michiko Tanaka, owner, Kyala Sushi & Japanese Cuisine, 1178 S. Diamond Bar Blvd. as Business of the Month for July 2008. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Brandon Goshi, with Metropolitan Water District presented a Power Point presentation on the Statewide Water Crisis. Responding to C/Tye question regarding the judge's ruling on the Delta Smelt, Mr. Goshi stated that he is not an attorney; however, he would suppose that injunctions would be part of a Federal Court enforced action. He stated that the preferred approach is to identify permanent biological process solutions that work statewide within the ruling. C/Herrera said she appreciated the suggestions for local mitigation such as city created ordinances and asked if Mr. Goshi could provide examples of ordinances passed by other cities. Mr. Goshi responded by stating that the MWD is compiling a library of ordinances that cities have put together to identify and enforce prohibitive water usage, which will be available to the Three Valleys Water District and ultimately to the City of D.B. 3. PUBLIC COMMENTS: Jerry Hamilton thanked C/Tye and CM/DeStefano for their assistance to an elderly resident. He asked Council for help from Dial -A -Ride in getting low- income seniors and disabled individuals to senior events and classes at the D.B. Center. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Independence Day Holiday— City Offices closed Friday, July 4, 2008 in observance of Independence Day. Offices will reopen on Monday, July 7, 2008. 5.2 4th of July Celebration (Concert and Fireworks) — July 4, 2008 — 5:00 p.m. to 9:30 p.m., Diamond Bar High School, 21400 Pathfinder Rd. — performance by the Ravelers — Fireworks begin at 9:00 p.m. JULY 1, 2008 PAGE 3 CITY COUNCIL 5.3 Planning Commission Meeting - July 8, 2008 - 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.4 Concerts in the Park (Suave - Latin Variety) - July 9, 2008 - 6:30 p.m. to 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.5 Movies under the Stars (Surfs Up) July 9, 2008 - Immediately following the Concerts in the Park event, Sycamore Canyon Park, 22930 Golden Springs Dr. 5.6 Traffic and Transportation Commission Meeting - July 10, 2008 - 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.7 City Council Meeting - July 15, 2008 - 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: M/Tanaka asked that Item 6.4 be pulled for discussion. C/Herrera moved, C/Tye seconded, to approve the Consent Calendar with the exception of Item 6.4. 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 - Regular Meeting of June 17, 2008 - Approved as Submitted. 6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES - Regular Meeting of May 8, 2008. 6.3 RATIFIED CHECK REGISTER - dated June 12, 2008 through June 25, 2008 totaling $677,130.91. 6.5 AWARDED CONTRACT TO "AND 1 OFFICIALS" TO OFFICIATE THE CITY'S YOUTH AND ADULT BASKETBALL PROGRAMS FOR THE PERIOD OF JULY 1, 2008 THROUGH JUNE 30, 2009 IN AN AMOUNT NOT -TO -EXCEED $35,000. 6.6 AWARDED CONTRACT TO TENNIS ANYONE FOR RECREATION TENNIS CLASSES FOR THE PERIOD OF JULY 1, 208 THROUGH JUNE 30, 2009 IN THE AMOUNT OF $65,000. JULY 1, 2008 PAGE 4 CITY COUNCIL MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.4 APPROVAL OF A CONSULTING SERVICES AGREEMENT WITH GARY L. NEELY FOR GOVERNMENTAL AFFAIRS CONSULTING SERVICES FOR 18 MONTHS AT $1,620 PER MONTH. M/Tanaka asked if reports have been provided by the consultant to the City. CM/DeStefano responded that reports from the Consultant are typically provided verbally and then he determines the appropriate dissemination of the information. The items reported are usually describing water issues, legislation, etc. M/Tanaka asked how many reports have been provided to the City Council during the past 12 months. CM/DeStefano estimated one per month to the Council. M/Tanaka wondered how the Council should evaluate and justify the monthly cost of this contract. MPT/Everett said he was likewise concerned and appreciated and respected staff's evaluation. Without staffs positive evaluation that there is substance he would not be able to approve the agreement. The contract calls for monthly written reports and absent those reports he would not be able to support continuing the contract. CM/DeStefano stated that the previous contract was less specific with respect to information that was required of the consultant in terms of briefings and written material. The present contract includes requests for written reports on a monthly basis outlining the tasks, services and status of assigned tasks, as well as, reports to the City regarding meetings at which the City requires attendance. C/Herrera stated that D.B. is a contract City and therefore contracts with various individuals and entities that assist staff. D.B. does not have a large number of staff members and must rely on independent contractors to gather information and alert the City to situations that might affect the City. This consultant also attends the San Gabriel Rivers and Mountains Conservancy meetings and as a result, found out that grants were being given for various projects, which ultimately led to CSD/Rose's success in procuring hundreds of thousands of dollars in grant funds for the City. Staff members do not have the time to attend all meetings and need to keep abreast of what the various organizations and agencies offer. The use of consultants is a very effective way for D.B. to get the job done. This contract totals JULY 1, 2008 PAGE 5 CITY COUNCIL $29,000 and this consultant was instrumental in making the City aware of about $200,000 of grant monies the City ultimately secured and has therefore more than justified the cost of his contract. In her opinion, she believes it is beneficial for D.B. to continue this contract. C/Tye agreed that Mr. Neely was responsible for assisting the City in getting grant funds but that it was irrelevant because that was then and this is now. He asked his colleagues why they were concerned about receiving certain information directly from this particular contractor when there was not the same concern with other contractors. C/Tye stated that he felt the Council should trust the judgment of the Community Development Department recommending approval of the contract. M/Tanaka said he had served on the Council for three years and had never seen a single report nor had any conversation with the consultant and it was therefore difficult for him to evaluate the return of this investment. He felt that the Council was already represented in at least 50% of the meetings this consultant was asked to attend. In addition, other contracts appear to him to be more "performance oriented". He said he would expect written reports and conversation with the Council about his activities and participation. C/Chang felt that C/Tye's comments about other consultants involved tangible results whereas this contract covers attendance and reporting from entities at which Council Members are present and have access to the same information available to staff. On behalf of the taxpayers he would prefer to see tangible results for the effective use of the City's money. CM/DeStefano responded to M/Tanaka that the consultant's services is a result of experience and relationships that the consultant has cultivated over the years and to some extent, those experiences and relationships are unique to this consultant particularly to such assignments as working with the City's adjacent neighbors on various projects and activities. There are aspects that could be provided by others but he would not be able to recommend an individual or firm off the top of his head that was capable of serving the community to the extent that this individual has been able to serve and would likely require two or three different individuals or firms to cover the same issues that are incorporated within this contract. M/Tanaka said he was concerned about the "stadium" project because the Council was not given information about what was happening until the City of Industry broke the story in a newspaper article about an NFL Stadium just north of the City. JULY 1, 2008 PAGE 6 CITY COUNCIL CM/DeStefano responded by stating that in the staff report regarding assignments related to nearby large development projects was not meant to imply that but for this consultant the City would not have known, because that is not the case. The City was aware of those projects and the City has sources to track these types of projects. This consultant has a unique relationship with the City of Industry and the developer of the proposed NFL Stadium which gives the City the insight and opportunity to get answers that might not otherwise be available through a personal contact from staff. The large AERA project is unique because this consultant has a longstanding relationship with the former City Manager of Yorba Linda who has a very good relationship with a member of the AERA Energy development team. By asking Mr. Neely to assist the City he is able to do that for the City only when asked through the contacts he has that go right back to the developer. To that end, the former City Manager of Yorba Linda is now a consultant to the developer and the conversations that can occur may be unique to this consultant where staff would not be able to achieve the result. It is an added value simply because of the consultant's relationships and background and not necessarily a level of expertise that allows the City to interpret information it might not otherwise be able to obtain. M/Tanaka asked if there was a conflict of interest if the consultant was employed by a neighboring city. CM/DeStefano responded that the consultant would need to deal with any conflict of interest matters on a personal and professional basis by disclosing where there may be a conflict of interest, potential conflict of interest or implied conflict of interest. Staff has been very cautious with Mr. Neely and Mr. Neely has been very responsive. For example, he had had a conversation with Mr. Neely several months ago when he learned that the City of Industry wanted the Honda property because he had not learned of it through Mr. Neely. Mr. Neely reminded CM/DeStefano that he was not a party to the conversations on the City of Industry's side and did not know about the City of Industry's intention and was therefore unable to convey the information to CM/DeStefano. CM/DeStefano said he was upset with Mr. Neely because he thought Mr. Neely should have known but he understood the situation in which he was placed as a consultant to more than one entity. That happens with other consultants from time to time as well and the City tries to understands the potential for conflict after pushing an issue and getting a response from the consultant that it was not an area that the consultant could assist D.B. with because he was servicing the City of Industry as well. CM/DeStefano said he would presume that the same would hold true if the City of Industry were pushing the consultant to reveal information about D.B. JULY 1, 2008 PAGE 7 CITY COUNCIL M/Tanaka asked if the City could advertise this contract. CM/DeStefano said that it could; however, as he previously stated this consultant provides unique specific services to adjacent cities, developers, water districts, environmental organizations, etc. and it would likely have to be broken up into separate contracts in order to get the expertise in the various areas. C/Herrera stated that to M/Tanaka's concern, D.B. has numerous consultants that work for the City and Council has never asked any of those consultants to serve D.B. exclusively. Most if not all other contractors work for other cities — that is the nature of the work. C/Tye expressed that it would be prohibitively expensive if consultants such as the Sacramento consultant or legal counsel were exclusive to D.B. C/Tye asked how many reports his colleagues had seen from Gonzales & Associates, for example. If the Council wants reports it should not hold this consultant to a different standard than other consultants. MPT/Everett said he appreciated the deliberation. He said he wanted to continue to stand tall on the issues of conflict of interest and integrity and therefore would use this example to confront each of the City's contracted consultants and those who apply for contracts to respect the conflict of interest and conflict of responsibility. He said that in this instance he respects the judgment of the City Manager and staff that they are sensitive to those issues. He also would not want to burden a consultant with extra and unnecessary report writing so he would trust that a monthly status report would be extra support for value received by the City. C/Chang felt D.B. and the City of Industry had a good working relationship and that D.B. appreciated Mr. Neely's contributions. However, if there were ever a conflict of interest between the two cities what would happen to Mr. Neely's contract. To prevent any possible conflict of interest D.B. should contract with Mr. Neely for projects on a case by case basis only so there would be no conflict. M/Tanaka asked if the Council could deal directly with the consultants. CM/DeStefano responded affirmatively, stating that certain Council Members have done so over the years depending on the scope of the proposal. C/Herrera said that in 2006 when she was Mayor an email arrived in her inbox on a Saturday that discussed transportation and plans that Orange County had for the 91 Freeway and what impacts it might JULY 1, 2008 PAGE 8 CITY COUNCIL have to D.B. At the time she did not know that much about what Orange County was doing — staff was off for the weekend and she wanted to respond to the email so she emailed Mr. Neely who attends a lot of transportation meetings who in turn sent a very comprehensive email back to heraboutwhatwas being contemplated for the 91 Freeway and transportation remedies so that she was able to knowledgably respond to the inquiry from the resident. There have been numerous occasions when Mr. Neely helped her with information and that service is available to all Council Members. Mr. Neely has a wealth of knowledge on many topics and experience and that is the point of using this consultant. M/Tanaka said his concern was that if that information was not being filtered through the Council he had question about the Council being able to receive the information. C/Tye said that if the Mayor at the time is asking the questions the information will be conveyed and that is where the information was provided. This consultant is very available to individual Council Members and the question is not how many times a Council Member has been copied on a topic that was specific to the Mayor at the time but rather, how many times has the Mayor or Council Members reached out to ask for information. Page 4, Item 12 of the contract specifically addresses conflicts of interest. There have been no conflicts of interest; the Council and staff are not aware of any conflicts of interest and yet, Council Members want to change the way the contract is held because there might be a conflict of interest. In the time this consultant has worked on behalf of the City and provided for more than what he has cost the City, there has not been one conflict of interest. C/Tye moved to approve Consent Calendar Item 6.4. C/Chang said that if a consultant works for two contiguous cities a conflict has already taken place so he does not understand C/Tye indicating there is no possibility for a conflict of interest. The Council should prevent any possible or potential conflict of interest. He respects Mr. Neely's ability but would prefer to engage his services on a project by project basis rather than engage him in an annual consulting contract, which C/Chang said he believed was improper for the City. MPT/Everett felt it was worth the Council's time to discuss the matter. He said he would prefer to have the contract include areas of involvement and areas of expertise to assist any Council Member and certainly the Mayor. He did not know what was going on and felt staff had endeavored to discern the information. When there is communication to two individuals even with the City of Attorney that is JULY 1, 2008 PAGE 9 CITY COUNCIL probably the highest level of confidentiality and propriety and it seems that a response back on the elements of MTA Authority reply would be educational to the entire Council and would like to see it. He felt there was great value to the assistance that can be provided and to copy all members of Council would be respectful and educational. He felt good about the understanding, the concerns and the value and he learned a value of which he was not previously aware and some of the general efforts and support for Community Development. Although he initially thought C/Chang's idea of project by project was a good one he wasn't sure that it was realistic based on the possible time frame involved. C/Tye again moved approval. C/Herrera seconded the motion. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tye, MPT/Everett, NOES: COUNCIL MEMBERS: Chang, M/Tanaka ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARINGS: 7.1 PUBLIC HEARINGS FOR LIGHTING AND LANDSCAPE DISTRICTS NOS. 38, 39 AND 41 (Continued from June 17, 2008). AE/Molina presented staff's report and stated that at this time staff is not recommending a change to the amount of the assessments. It was recommended that the Mayor open the Public Hearing, receive testimony, close the public hearing and adopt the Resolutions in a single motion. (a) Adopt Resolution No. 2008-27 — Levying an Assessment on City of Diamond Bar Landscaping Assessment District No. 38 for FY 2008-09. (b) Adopt Resolution No. 2008-28 — Levying an Assessment on City of Diamond Bar Landscaping Assessment District No. 39 for FY 2008-09. (c) Adopt Resolution No. 2008-29 — Levying an Assessment on City of Diamond Bar Landscaping Assessment District No. 41 for FY 2008-09. M/Tanaka opened the Public Hearing. With no one present who wished to speak on this matter, M/Tanaka closed the Public Hearing. JULY 1, 2008 PAGE 10 CITY COUNCIL C/Chang moved, MPT/Everett seconded, to Adopt Resolution No. 2008-27, 2008-28 and 2008-29. 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: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera thanked her colleagues for attending the SCAG Meeting on June 19th to vote for her as the District 37 Delegate. It was a close vote which meant that every Council Member's vote was very important to her and she was very grateful to each Council Member for taking time from his busy schedule to help her. During the past several months she and others have been very busy working with SCAG on its Regional Transportation Plan. A few months ago SCAG included in its plan a mandate to designate the SR60 for dedicated truck lanes. The plan was not acceptable to D.B. and she and her colleagues worked hard to build a coalition of support for opposition to the plan. She stated that MPT/Everett spoke on a couple of occasions to the group and as a delegate she will now be able to work from outside of the organization to make certain that no such plans are contemplated and can help influence her colleagues on the SCAG Board to stand with D.B. to come up with better solutions. Her election is an important step forward for D.B. Last week was the highly anticipated and warmly greeted opening of Chili's Restaurant. The food is outstanding and she highly recommends residents visit the restaurant as well as the other businesses in the City. D.B. needs its residents to support local businesses. This Friday will be a fabulous 4th of July celebration and hoped that everyone would enjoy a very happy and safe 4th of July. C/Chang responded to Jerry Hamilton's comments by stating that the ingress/egress to the Diamond Bar Center has a very deep ditch adjacent to Grand Ave. and busses cannot traverse the area. Once the ditch is fixed the City will work with the bus company to see if it is willing to provide service to the Center. He spoke about the drought and global warming and the need for individual water conservation. He congratulated Chili's on their grand opening and felt the establishment would enhance the City's quality of life. He asked everyone to cooperate with the Humane Society as they conduct their survey. A cat license is new and is intended to protect the community and pet owners. He called attention to clothing recycling boxes around town which are not permitted in the public right-of-way. If residents find boxes in the right-of-way or on their property they should report the offense to the City. He announced that athletic fields would be closed until the end of JULY 1, 2008 PAGE 11 CITY COUNCIL August during renovations at Pantera Park and at Lorbeer Middle School. Slurry seal and striping is being done at the Diamond Bar Center and basketball courts are being resurfaced at Maple Hills Park, Heritage Park, Pantera Park and Ronald Reagan Park. He asked residents to keep in mind that it is very dry and that fireworks are not allowed in the City. However, there will be a controlled fireworks show on Friday the 4th at Diamond Bar High School. C/Tye stated that last Tuesday he attended the Chapman University Economic Update. He read from an Orange County Register article that spoke to the deficit that the State of California faces and what actions could possibly be taken to remedy the deficit. Referring to the City News and C/Herrera's quote regarding the impact that the D.B. City Council had on SCAG's decision to unanimously adopt the City Council's request for modification. He congratulated M/Tanaka for being named to one of the subcommittee's for California Contract Cities. As C/Herrera indicated, she was elected on a very close vote to SCAG and it is with great pride that he was grateful the entire City Council showed up to show its support along with several other cities and get C/Herrera elected to that very, very important position. The long awaited ribbon -cutting ceremonies for the opening of Chili's took place and that Saturday night, the wait was 30-45 minutes. He is hoping that after everyone has tried the restaurant the wait will be an hour. He hoped to see everyone at Diamond Bar High School on Friday for the annual 4th of July Celebration and again a week from tomorrow night at Sycamore Canyon Park for the Concerts in the Park followed by a Movie. MPT/Everett congratulated C/Herrera who competed smartly and aggressively to gain a position on SCAG. He appreciated the Contract Cities Association joint meeting with Walnut that showcased the Diamond Bar Center and thanked staff and M/Tanaka for signing on in a leadership capacity with the Contract Cities. MPT/Everett announced that longtime PUSD School Board Member Candelario Mendoza passed away last week. At the age of 89 he was still serving his community after serving his country in General Patton's Third Army. He was the first Mexican -American teacher hired by the district. He leaves behind his wife Alicia of 34 -years and two sons, Nick and Dennis Mendoza. A memorial service will be held in September at the District Office. For those who wish to contribute they may make their donations to the Candelario Mendoza Scholarship Fund at the District. An Eagle Court of Honor was held for Jonathan Lake Lovelace on Saturday, June 22. On Saturday night he attended Mt. SAC Hilmer Lodge Stadium where he and other spectators watched a band competition with Diamond Bar Pacific Crest Youth Band coming in third. He spoke regarding the new face of the City's News. He referenced an article that he had read regarding Capt. Ivan Castro who is a blind soldier serving in the military. JULY 1, 2008 PAGE 12 CITY COUNCIL M/Tanaka said he and his colleagues co -hosted the California Contract Cities Association Director's dinner meeting at the Diamond Bar Center. He attended the Regional Chamber Board meeting where President Aziz Amid conducted his last meeting as president for the year. Later that evening was the San Gabriel Council of Governments meeting followed by presentation of the Jack Phillips Award to two recipients. Both he and MPT/Everett attended Troop 730 Eagle Scout Ceremony and the Chili's ribbon -cutting. He attended a ceremony honoring members and families of those military service men and women serving. This event was coordinated by Alba Mossier of Prime -America and D.B. resident and hosted by the Chamber of Commerce of Azusa and the Regional Chamber of Commerce of the San Gabriel Valley. He attended the LA Sanitation District meeting and that afternoon he attended the Chamber Mixer hosted by Holiday Inn. Immediately after that he and his wife joined C/Tye at Sycamore Canyon Park where DB 4 -Youth in Action sponsored a teen night concert and movie. On Friday he attended the Tiny -Tots graduation program for pre-schoolers from Heritage and Pantera Parks. MPT/Everett, C/Chang and M/Tanaka attended the Corp of the Crest at Mt. SAC which included 13 outstanding drum and bugle corps, sanctioned by Drum Corps International. On Sunday the D.B. Evergreen Seniors held their first Chinese Folk Dance performance at Mt. SAC theatres with the theme "Life begins at Age 70". ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the regular City Council meeting at 8:52 p.m. ir, memory of Candelario J. Mendoza, PUSD School Board Member. i TOMMA CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this15th day of July , 2008. JACK TANAKA, MAYOR