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HomeMy WebLinkAbout11/18/2008 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION NOVEMBER 18, 2008 STUDY SESSION: M/Tanaka called the Study Session to order at 5:45 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Member Chang, Herrera, Tye, Mayor Pro Tem Everett, Mayor Tanaka. Staff Present: James DeStefano, City Manager; David Doyle, Asst. City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Greg Gubman, Acting Community Development Director; Patrick Gallegos, Management Analyst; Ryan McLean, Assistant to the City Manager; Ken Desforges, IS Director; Joyce Lee, Senior Management Analyst; Kimberly Molina, Associate Engineer; Anthony Santos, Management Analyst and Tommye Cribbins, City Clerk. r DISCUSSION OF SOLID WASTE FRANCHISE — Discussion and Action. A. Negotiate with Current Haulers versus Soliciting Proposals B. Solid Waste Contracting Assistance Services C. City Council Solid Waste Subcommittee D. Solid Waste Franchise Negotiation/RFP Process Integrity Rules CM/DeStefano asked Council to consider Item A as a priority. PWD/Liu reported on action to date and options before the Council that need to be acted upon as quickly as possible to ensure that appropriate action is taken to conclude this matter within the next seven months. M/Tanaka suggested that Council take action on Item C first. Council concurred to immediately disband the subcommittee. C/Herrera felt that the present two waste haulers were doing a satisfactory job for the community and that it would be prudent to renegotiate with them. MPT/Everett felt that by renegotiating with the present haulers, that the City may lose out on learning new creative ideas that both the consultant and staff would be aware of and impart to the Council. NOVEMBER 18, 2008 PAGE 2 CC STUDY SESSION M/Tanaka stated that the subcommittee felt that in order to make the matter transparent it would be a good idea to immediately go out for the RFP while remaining aware of the experience with the current trash haulers. C/Chang said he learned nine years ago that in order to engage in good government practices the matter should be an open bid and in order to move the process forward it should be a two -phased process: First, negotiate with the current haulers and then if the Council doesn't get what it wants, then go to step two, the RFP process. C/Tye asked staff to provide some background information about the previous process. CM/DeStefano responded that upon incorporation the City inherited some 12 or 14 separate waste haulers operating in the City and it was chaos. The City made a decision to go out with an RFP. CA/Jenkins explained that the City had to wait about five years before the RFP could be legally issued. CM/DeStefano said the process included a Council subcommittee of which both he and Mr. Liu included, which ultimately led to the recommendation that the City contract with Valley Vista and Waste Management. C/Herrera asked how the City handles the school districts using different waste haulers. CM/DeStefano responded that the school districts are separate entities and therefore contracts with a hauler of their choice. M/Herrera said that while an RFP might be a good idea there are waste haulers who use unscrupulous tactics and she was sure the Council would not want the City to be stuck in those circumstances. The lowest bid is not always the best in the long term. CA/Jenkins said that the City was not obliged to take the lowest bid. C/Tye wanted to get the best deal and wondered whether that could be accomplished through the RFP process or by negotiating with the current haulers. If the City negotiates first and then at the end then goes to the RFP process, what has been lost other than six months of time? NOVEMBER 18, 2008 PAGE 3 CC STUDY SESSION C/Chang felt there was less risk in immediately going with the RFP process. C/Herrera assumed the consultant would advise the Council whether the proposal was acceptable and met the Council's criteria. ACM/Doyle explained that staff had been collecting copies of the most recent franchise information including RFP contracts and that when it comes to negotiating, staff will know what the RFP results have been which in turn is a starting point. C/Chang felt that since the same consultant would be used for both processes the Council may as well go for the RFP from the beginning. The current waste haulers are doing a good job and they will probably remain in the pool. The City Council needs to make the best decision possible on behalf of the residents and the highest integrity should move the process forward. M/Tanaka said he was comfortable moving forward with the RFP process because the City knows what it has with the current haulers and should consider other proposals to avoid favoritism. CA/Jenkins responded to C/Herrera that the RFP process is a longer process and staff intends to request the RFP's immediately anyway in case discussions with the current waste haulers fail. In addition, it would put pressure on the two current haulers to strike a deal with the City before it got to the RFP point. From that standpoint there would be no time wasted. However, if the City is able to strike a deal with the current waste haulers in six month the process would be done. If there was a two-pronged process and new waste haulers were selected the process could take a year and a half or so moving through the transition for the customers. CA/Jenkins talked about the RFP process. The Council could decide to renew the present contracts prior to 2010. However, if the Council decided to go through the RFP process most haulers would not be able to give the City a price for 2010 until there was sufficient lead time to get an RFP out, obtain the responses, conduct an analysis and go through the evaluation process. CA/Jenkins felt it would be useless to start an RFP process until well into 2009. C/Chang felt there was enough time to proceed with either process and believed that competition was good. If the City moves forward with a good process it would not be challenged. NOVEMBER 18, 2008 PAGE 4 CC STUDY SESSION M/Herrera asked about the cost to the City. CM/DeStefano stated that while the consulting firm is the most expensive it is also well -versed and the most respected firm in the area. The City will be responsible for the initial contract and compensation, and typical to the industry, the waste hauler would, through contract renewal or new contract process reimburse the City for those costs. That is not why staff is recommending the most expensive firm; rather, the recommendation is based on the belief that this firm is the best in the business and would best represent the City's needs. CM/DeStefano explained that the consulting firm would work with staff if the Council decided on an exclusive contract within the next six months. Concurrently, staff needs the firm to prepare the RFP should negotiations fail. Staff wants to keep pressure on the two haulers by letting them know that the City is preparing an RFP should negotiations fail. MPT/Everett said he was compelled by C/Chang's arguments about integrity, objectivity, etc. and even more compelling when the work done by professionals. However, he was very concerned that one of the key elements of the evaluation would not be by the numbers or talking to other people, but that it would be relationship -driven. D.B. has an eight-year relationship with the current haulers. The City knows these providers and their weaknesses and in his opinion, the City would lose a lot by not giving them a chance. He also wanted the haulers to give them the option to invest the money they would have to spend on an RFP response in a renewal contract. ACM/Doyle said he appreciated MPT/Everett's concerns because there is a potential that when consumers look at what they're going to pay they may want a lower price but the service may not be the best based on what staff and the consultant have learned about the operation. The RFP process can put a tremendous pressure on the Council because it would be selecting a hauler that would not necessarily provide the lowest rate to the consumer. C/Herrera said she agreed with MPT/Everett that the City should proceed with negotiations with the current haulers and in the event negotiations are unsuccessful, proceed with the RFP process as of May 31, 2009. M/Tanaka felt that to better serve his constituents it would be advisable for the Council to go with the RFP process from the beginning. NOVEMBER 18, 2008 PAGE 5 CC STUDY SESSION M/Herrera felt that the two present haulers had provided exemplary service for the most part. The public elects the Council to make informed decisions and the Council could say to its residents that "this is why we're moving in this direction and if the Council cannot negotiate the best deal for the residents, then we'll do an RFP". But because the City has a known entity, she would feel more comfortable initially moving forward with the negotiation process. C/Chang reiterated that that was the reason the Council needed to open the process to an RFP. MPT/Everett said he fully agreed with C/Chang's comments. The issue of perception and objectivity to constituents is vital. However, the key element that cannot be added in any equation of an RFP is "relationship" which is not guaranteed by words written in a response to an RFP. For that reason he preferred to have the City enter into free -agent negotiations for a reasonable time frame and then if it cannot be worked out with the haulers the City has known for a long period of time and developed a relationship of trust, then open it up to the free market. C/Chang felt it would set a bad precedent not open the process to free agents. C/Tye suggested that the City could shorten the response time from the two waste haulers after stating what the City anticipates in the way of a response. CM/DeStefano responded that the likelihood of the current waste haulers not responding favorably would be zero because both companies have a significant investment in this valley and in D.B. He believes both companies would fight hard to retain the City's business no matter which direction the Council decided on. C/Herrera stated that there are many cities that negotiate with current haulers and then go out to RFP if negotiations fail so that is government practice. CM/DeStefano confirmed that C/Chang recognizes both options but prefers that D.B. continue with its history of an open bid process. C/Chang agreed he felt that was a better option. C/Tye suggested that the Council postpone a decision until the next meeting. NOVEMBER 18, 2008 PAGE 6 CC STUDY SESSION CM/DeStefano reminded the Council that the next meeting is reorganization of the Council and could be a difficult night to have this kind of a discussion in a Study Session format. Time is not of the essence as long as the Council makes its decision soon. Council concurred to continue this matter to the next Study Session for discussion and action. PUBLIC COMMENTS: None ADJOURNMENT: With no further business to come before the City Council, M/Tanaka adjourned the Study Session at 6:40 p.m. TOMMY CRIBBINS, City Clerk The foregoing minutes are hereby approved this 2nd day of Decemher , 2008. RON EVERE , Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 18, 2008 CLOSED SESSION: 5:00 p.m. — Room CC -8 Public Comments on Study Session Agenda — None Offered. ► Government Code Section 54956.9(c) Initiation of Litigation — One Case STUDY SESSION: 5:45 p.m., Room CC -8 ► Solid Waste Franchise discussion and action A. Negotiate with Current Haulers versus Soliciting Proposals B. Solid Waste Contracting Assistance Services C. City Council Solid Waste Subcommittee D. Solid Waste Franchise Negotiation/RFP Process Integrity Rules IVI/Tanaka recessed the Study Session to the Regular Meeting at 6:40 p.m. CALL TO ORDER: Mayor Tanaka called the regular City Council meeting to order at 6:50 p.m. in The Government Center/AQMD Auditorium, ;21865 Copley Dr., Diamond Bar, CA. CM/DeStefano stated that during tonight's Closed Session there were no public comments and no reportable action by the City Council. CM/DeStefano reported that tonight's Study Session commenced at 5:45. Council and staff discussed matters related to the upcoming Solid Waste Franchise renewal process and concluded by moving the items to the next meeting in December. PLEDGE OF ALLEGIANCE: Mayor Tanaka led the Pledge of Allegiance. INVOCATION: Pastor Mark Hopper, Evangelical Free 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, Asst. City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Greg Gubman, Acting Community Development NOVEMBER 18, 2008 PAGE 2 CITY COUNCIL Director; Ryan McLean, Assistant to the City Manager; Joyce Lee, Senior Management Analyst; Kimberly Molina, Associate Engineer; Erwin Ching, Assistant Engineer; Anthony Santos, Management Analyst; Cecilia Arellano, Public Information Coordinator; Lauren Hildago, Public Information Specialist and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: CM/DeStefano stated that pursuant to Government Code §54954.2(b) (2), staff is requesting that a matter which came to the City Council after publication of the agenda and related materials be added to the Consent Calendar to wit: "A Resolution of the City Council of the City of Diamond Bar confirming the existence of a local emergency and ratifying the Proclamation thereof'. On Sunday morning CM/DeStefano enacted the Emergency Operations Center of the City and declared a local emergency as authorized by the Government Code and the City's regulation. The actions taken need to be ratified by the City Council within a prescribed time period and asked that the matter be added to the agenda by vote of the Council and that the City Council take action this evening to adopt the resolution. C/Tye moved, C/Chang seconded, to add Consent Calendar Item 6.7 as recommended by staff. 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 Deputy Chief Mike Bryant presented an update on the fire that occurred during the past few days consuming about 30,000 acres. 3,700 firefighters worked the incident. The red lines on the map continue to show heat around the 30 -mile perimeter. The fire started in Corona and moved to the Anaheim, Yorba Linda, Carbon Canyon, Sleepy Hollow and Chino Hills areas, close to Diamond Bar and finally into LA County. Good news is that as of a couple of minutes ago the fire is reported to be 90% contained. He thanked the Mayor, Council and residents for their cooperation and thanked the D.B. firefighters for their outstanding participation. Capt. Dave Halm also spoke about the events of the past weekend and how the Sheriff's Departments' 528 personnel participated in the evacuation process in The Country Estates. During the process, personnel remained in the area and that no incidents were reported. Emergency procedures in D.B. were enacted with the assistance of CM/DeStefano and ACM/Doyle. No homes were lost in D.B. and no one was injured. 1 1 u NOVEMBER 18, 2008 PAGE 3 CITY COUNCIL M/Tanaka thanked all who participated in keeping D.B. safe and secure. The overall support from the community was overwhelming. He announced that residents are invited to stop by the Diamond Bar Center after 12 noon tomorrow to add their signatures to a 20 foot thank -you card that will be presented to the heroes of this event. Residents participating in tonight's meeting can sign the card as they leave tonight's City Council meeting. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NEW BUSINESSES OF THE MONTH: 1.1 M/Tanaka presented a City Plaque Dr. Monica Abrew and Reyna Del Haro, members of Kaiser Permanente Diamond Bar Medical Offices, 1336 Bridge Gate Dr. as New Business of the Month for November 2008. 1.2 M/Tanaka presented a City Tile to Xavier and Ruth Avila owners of Xavier's Florist, 1220 S. Diamond Bar Blvd. as Business of the Month for November 2008. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano spoke about the public service individuals who worked diligently to protect the City. The City is extraordinarily fortunate to live in Los Angeles County and have the professionalism and expertise of the Fire Department and Sheriff's Department. Recently, emergency preparedness exercises took place in this and Tonner Canyon areas in preparation for the most likely scenario of a wildland fire coming through Tonner Canyon and affecting The Country Estates. The training these officers undertake on a daily basis and the effort provided to the community as represented by their efforts over the weekend resulted in the execution of a flawless plan. CM/DeStefano spoke about the honor of working with staff members David Doyle, Bob Rose, Marsha Roa, Cecilia Arellano, Tommye Cribbins, Ryan McLean, Anthony Santos and Jason Fuentes, who spent many hours providing service and coordination on behalf of the community, as well as Dickie Simmons. He extended a special thank you to Deputy Chief Bryant, Leticia Pacias, Lt. Maxey, Capt. Halm, the Red Cross working with the Walnut Valley Unified School District, the City of Walnut and others. He said he was extraordinarily proud of the team and to be serving D.B. with an outstanding group of professionals to help him. C/Chang said that as an evacuee and City Council Member he witnessed everything that CM/DeStefano spoke about. City staff did a wonderful job. NOVEMBER 18, 2008 PAGE 4 CITY COUNCIL 3. PUBLIC COMMENTS: Gene Lawless and Michael D'Orazio spoke about the December 5 opening of East 180, an upscale casual modern provincial Chinese Cuisine restaurant in the former Sizzler location. He also thanked the City and Council particularly ACDD/Gubman and the Planning staff for all their help. Lydia Plunk spoke about the recent fire and thanked all who helped protect the City. She talked about the wildlife corridor and said she felt it was time to consider a water reservoir and bypass road in the canyon. Jerry Hamilton talked about the many heroes who participated in the firefighting effort. Vinod Kashyap paid tribute to the firefighters, City Council, CM/DeStefano and staff along with everyone else who fought valiantly to save D.B. properties. He discovered through research that Chino State Park backs up to Carbon Canyon that runs to San Diego past Lake Mathews. He felt very fortunate to live in such a great country. Anyork Lee suggested the regional municipalities work together to determine what kind of mountain goats might eat the dry grass and help prevent grass fires. He spoke against the NFL Stadium. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — November 20, 2008 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.2 Planning Commission Meeting — November 25, 2008 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 Thanksgiving Holiday — City Offices closed Thursday, November 27 and Friday, November 28, 2008 in observance of the Thanksgiving Holiday. City Offices reopen Monday, December 1, 2008. 5.4 City Council Meeting — December 2, 2008 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. NOVEMBER 18, 2008 PAGE 5 CITY COUNCIL 6. CONSENT CALENDAR: C/Chang moved, MPT/Everett seconded, to approve the Consent Calendar. 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 November 4, 2008 — Approved as submitted. 6.2 RATIFIED CHECK REGISTER — Dated October 30, 2008 through November 12, 2008 totaling $2,004,432.55. 6.3 ACCEPTED WORK PERFORMED BY TWO HORSE CONSTRUCTION FOR CONSTRUCTION OF THE V -DITCH ON GOLD RUSH EAST OF DIAMOND BAR BOULEVARD AND DIRECTED THE CITY CLERK TO FILE THE NOTICE OF COMPLETION AND RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE. 6.4 ADOPTED ORDINANCE NO. 06(2008): APPROVING DEVELOPMENT CODE AMENDMENT NO. 2008-01 AMENDING TABLE 2-6 OF SECTION 22.10.030 OF THE MUNICIPAL CODE TO ALLOW LIMITED EDUCATIONAL USES IN THE REGIONAL COMMERCIAL (C-3) ZONE. 6.5 APPROVED RIGHT-OF-WAY USE AGREEMENT WITH NEXTG NETWORKS, INC. TO INSTALL WIRELESS COMMUNICATION EQUIPMENT IN THE PUBLIC RIGHT-OF-WAY. 6.6 APPROVED AMENDMENT TO FY 2008-09 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM TO PROVIDE AN ADDITIONAL $131,136 FOR THE SYCAMORE CANYON PARK ADA RETROFIT — PHASE IV PROJECT, FOR A TOTAL PROJECT ALLOCATION OF $302,744 AND ADOPTED RESOLUTION NO. 2008-41. 6.7 ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY AND RATIFYING THE PROCLAMATION THEREOF. NOVEMBER 18, 2008 PAGE 6 CITY COUNCIL 7. PUBLIC HEARINGS: 7.1 RESOLUTION NO. 2008-43: VACATING AN UNUSED PORTION OF VIA SORELLA STREET, ROADWAY EASEMENT (Continued from November 4, 2008). PWD/Liu stated that the vacation of the unused portion of Via Sorella is being recommended by staff due to the fact that there is no present or prospective public use for this portion of the roadway easement and by doing so, the financial risk of the City related to the liability is reviewed. Prior to the construction of SR57/60 freeways, Via Sorella was part of the LA County highway roadway system previously known as Brea Canyon Rd. On September 9, 2008 the Planning Commission confirmed the proposed vacation to be in conformance with the City's General Plan; on October 7, 2008, the City Council set the Public Hearing date and advertised the matter accordingly. The November 4 Public Hearing was continued to tonight's meeting in order to allow utility companies to review the proposed vacation. The utility companies have requested a non-exclusive easement for the entirety of the portion of roadway easement under consideration this evening (photos shown of the area). Upon confirmation that the City Council finds the roadway easement as described is unnecessary for the present or prospective public use, staff recommends approval of Resolution No. 2008-43. M/Tanaka reopened the Public Hearing. Mary Dilley, 21225 Davan Ave., said she lived in a unique neighborhood because it is completely surrounded by major roadways and freeway. The residents were pleased to have the sound wall and light. However, absent a left turn signal it is difficult to complete a left turn because traffic is unbearable. She thanked M/Tanaka and ACM/Doyle for meeting with her on this item. She was advised tonight that the owner/director of the Institute of Knowledge is willing to meet with his neighbors. Due to the land motion and movement from the SR57 north and the SR57/60 interchange south as well as, traffic on Brea Canyon Blvd., many homes within the community have suffered serious damage. She asked if there was a study done on Via Sorella to determine whether additional street damage would be caused by this project and the additional street movement within the community due to the activity of the Institute's project? 1 NOVEMBER 18, 2008 PAGE 7 CITY COUNCIL Marianne Cordova -Breen, 21320 Golden Springs Dr., President, AMS Group which owns the property immediately adjacent to the Institute of Knowledge known as American Mini Storage. She attended this evening's meeting to go voice her concerns about the project and its large structure. She was unable to attend public hearings involving the project and she was concerned about the utilities for the facility. She further wondered how kids would be able to get out of the area in case of fire. The project was noticed as a school and not as a cultural institution; she was told there was a community meeting which no one attended and she wondered what kind of notice was sent to the residents. She found out by accident that the institute thought there was a drainage easement which there is not. She is concerned about cross -lot drainage. Olin Lamb, 21232 Davan Ave., a 40 -year resident, thanked C/Tye for answering her questions during the November 4 meeting. She asked how often the City would clear the brush and maintain the road to prevent a fire hazard. She thanked the Firefighters, Sheriff and City officials for their help. After listening to PWD/Liu tonight she understood that the City would provide maintenance on a two- week basis. Martha Gomeztrejo, 21220 Davan Ave. asked whether Caltrans and the utility companies were consulted during consideration of the original project in 2007. She asked what the subterranean parking impact, the stability of the freeway and the transition portion of the freeway if there is a 7.0 or better magnitude earthquake. Paul Burmeister, 21226 Davan Ave., asked if the City or City Council requested an impact study of Via Sorella/Brea Canyon area when the school proposed to build at the opposite end of Via Sorella. After reading through the studies he found very little on the impact to the street and homes abutting Via Sorella. The study indicates no impacts is erroneous. He asked what types of studies have been done regarding additional noise level, increased traffic on Via Sorella, noise from construction, pollution, etc? It seems to him there should be more care given to the street and with the increased traffic it could pose a problem. M/Tanaka reminded speakers to address the subject of street vacation and refrain from speaking about the project which was approved by the Planning Commission. NOVEMBER 18, 2008 PAGE 8 CITY COUNCIL Wayne Burk, 1038 S. Adel, said he shared the previous speakers concerns. Because of the type of notice that was provided to residents it is no wonder that folks were not aware of the project. Nick Prokop, 20909 Gold Run, said he was surprised when he heard about this project and when he heard there was a public hearing on the night of an election and questioned the reasoning behind it. He wondered why the City's Engineer did not notice that the project should have drainage. Barbara Burmeister, 21226 E. Davan Ave., asked if the City had a plan to maintain Via Sorella and what the boundaries of the City's maintenance area are. David Gomez, 1126 Bain Ave., asked what would be done to control the dust and what the hours of operation the project would be limited to. Jethro White, 21201 Davan Ave. commented on the school project and said he was concerned about traffic. He said that CM/DeStefano said he would provide a memo regarding the vacation of the two parcels to wit either giving the parcels to the project owner, whether the City would maintain the easements for the two parcels and what staff would recommend. He wanted to know why the memo had not been made available to the public. He likes the City but he believes the manner in which the City notifies residents about projects such as this one is very poor. With no further testimony being offered, M/Tanaka closed the Public Hearing. C/Herrera understood that the neighbors were upset about the project. However, permits were granted a year ago and the agenda item tonight is not whether to cancel the project but whether to vacate two parcels which were originally the property owner's parcels. The City took an easement for the street and the City is ready to give back to the property owner that area it took from the property owner. That is the item on the agenda. C/Herrera moved to approve Resolution No. 2008-43 to vacate an unused portion of Via Sorella Street, Roadway Easement. MPT/Everett asked staff to provide a response to the City's analysis as requested by a speaker before proceeding with the vote. NOVEMBER 18, 2008 PAGE 9 CITY COUNCIL PWD/Liu explained that the Streets and Highway Code states that a City must decide, based on the factual information researched and provided by staff to the City Council, whether or not the proposed roadway easement vacation provides any present, future or prospective use of the roadway easement. As previously stated several times this evening, staff has proposed that as part of the LA County roadway system there was a need for a roadway which was known as the Brea Canyon Rd. which connected part of the City from one end to the other. Over the years with all of the development and freeway improvements Via Sorella is no longer a portion of a continuous through street. There is no future use for the roadway easement area for the City and based on the simple guidelines prescribed in the Streets and Highway Code if there is no present or prospective future use of that roadway easement, as prescribed by law, the City is simply abandoning the roadway easement (parcels a and b) back to the abutting rightful owners that were identified to the Council. MPT/Everett seconded the motion. 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 AWARD OF CONTRACT TO HILTON FARNKOPF & HOBSON, LLC (HF&H) IN THE AMOUNT OF $150,000 FOR AS -NEEDED SOLID WASTE NEGOTIATION OR REQUEST FOR PROPOSAL SERVICES. CM/DeStefano stated that this is consideration of award of contract for as -needed solid waste negotiation or Request for Proposal services in anticipation of impending termination of the City's Solid Waste contracts with the current providers which occurs in August 2010 and staff's desire to commence what is typically a very long process to consider a new contract for services. SMA/Lee stated that with the impending solid waste contract deadline, the City will need expert assistance in developing favorable contract terms to address the future solid waste needs for D.B. residences and businesses. Five proposals to provide solid NOVEMBER 18, 2008 PAGE 10 CITY COUNCIL waste contracting assistance were received and evaluated from which HF&H Consultants has a level of expertise in the procurement of service agreements for refuse, recycling, green waste collection, materials processing services and disposal. Therefore, staff recommends award of contract to HF&H Consultants in the amount of $150,000 for As -Needed Solid Waste services. SMA/Lee stated that it is typical within the industry for consultant costs to be reimbursed by solid waste haulers as an administrative fee for the amount the City incurred in connection with entering into the agreement. C/Herrera moved, C/Tye seconded, to award a contract to Hilton Farnkpf & Hobson, LLC (HF&H) in the amount of $150,000 for as - needed solid waste negotiation or Request for Proposal Services. 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 8.2 APPOINTMENT TO WILDLIFE CORRIDOR CONSERVATION AUTHORITY ADVISORY COMMITTEE. ACM/Doyle reported that the City received two applications to fill the vacancy that was advertised and that the two applications have been provided to Council. Staff would request the Council discuss the items and take action. If the Council wishes to delay this matter there is not a pending reason for the appointment tonight and staff would continue to advertise the position. Applications were received from Rick Rogers and Kevin House. The current position is a single vacancy with one position previously reappointed by Council. C/Herrera said she was impressed that Council received two applications. C/Herrera nominated Kevin House. C/Tye seconded the nomination. Motion failed 3-2. M/Tanaka nominated Rick Rogers. C/Chang seconded the nomination. Motion carried 3-2 (Herrera, Tye voting No). NOVEMBER 18, 2008 PAGE 11 CITY COUNCIL M/Tanaka declared Rick Rogers appointment to the Wildlife Corridor Conservation Authority (WCCA) Advisory Board. Vii. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye stated that many events occurred over the past two weeks that were pre-empted by the past 72 -hours. It was incredible to watch the public safety professionals at work. It is interesting to talk about and develop a plan but it is unique to execute a plan flawlessly and that is what the residents witnessed on Saturday evening, Sunday and Monday. The Fire and Sheriff's professionals performed magnificently. He thanked Jody Roberto and the Board of the Diamond Bar Community Foundation that postponed its Gala Event and donated the prepaid food to the evacuation center. It was great to help his colleagues serve the evacuees. When streets and homes are safe everyone takes for granted the work of the Sheriffs Department and when there are no fires the Fire Department is taken for granted so we are very pleased and proud to see them perform at such a high level. Having entered City Hall at about 10:00 a.m. on Sunday morning and seeing CM/DeStefano, ACM/Doyle, CSD/Rose at D.B.H.S., and others, confirms that those folks are the true professionals that residents can depend on in such times. It is a privilege to have these fine folks on staff at D.B. When things go wrong the City certainly hears about it but for this 72 -hour period things went right and he thanked and applauded staff and passed along the many accolades he heard. It was a great teamwork effort with staff, Sheriff's Department, Fire Department, Walnut Valley Unified School District and D.B.H.S. Principal Dennis Paul. He wished everyone a Happy Thanksgiving and opined that citizens have much for which to be thankful. He wished Jerry and Audrey Hamilton a happy 55th Anniversary next Tuesday. C/Chang spoke about the Steep Canyon Trailhead opening and how proud the City is to be able to present this trailhead to the public. He thanked staff for their dedication in making this happen and the many residents who participated in the event. He said he will enjoy walking the trail with his dog. The event of the past 72 -hours was an unforgettable occurrence. He and his family along with a total of 1000 homes were evacuated on Sunday morning. The Sheriffs Department, Fire Department, Red Cross, D.B.H.S., WVUSD and others worked together to execute an outstanding plan. Without these folks the City would not have remained safe and the properties would not have been saved. It was a disastrous situation with a happy outcome. There were no losses and no crime during the evacuation period. Folks who were told they could return to their homes were very excited. Many thanks to staff and the leadership NOVEMBER 18, 2008 PAGE 12 CITY COUNCIL of CM/DeStefano and ACM/Doyle and the many other staff members who performed so well. Thanks again to his neighbors who were so accommodating and thanks to staff. D.B. was blessed and this is the best Thanksgiving one could have. C/Herrera thanked all of the public safety personnel. D.B. is fortunate to have such dedicated individuals watching out for its residents. Thank God for all who routinely put their lives on the line. Thanks to D.B.'s very dedicated personnel who came out to man stations, impart information, etc. There is a lot for which to be thankful as we enter the Thanksgiving season in that there were no lives lost and no property lost in D.B. The City's Veterans' Day Celebration was thanks to individuals who have fought for our freedoms that sometimes are taken for granted. Those individuals put their lives on the line to make life better for others. There is much for which to be thankful at this time in history. MPT/Everett said that it was said by many and there are not enough "thank-you's" to express how one feels. His colleagues said it very clearly, broadly and personally and with passion. Deputy Chief Bryant talked about the technicalities and issues and the magnificent strategic planning and structuring. Teamwork came to mind consistently with each of these and the other one was "professionalism" at the highest level. Captain Halm was present representing the Sheriffs Department that was a key part of the fire fight. Several speakers commented on the event this evening. Vinod Kashup spoke very clearly about how he viewed the situation and how this is a great place. Jerry Hamilton said to never forget what happened. He said as an evacuee he concurred. There is no doubt that this City is fortunate to have the team in place today and the camaraderie and spirit that wells up within the community is remarkable. This is truly like a war against fire and our team won the war and the residents and constituents are grateful. Several said it succinctly and he agreed that "D.B. fire and public safety official's rock." He commented that the Veteran's celebration was a magnificent tribute honoring those who have served this Country. MPT/Everett spoke about representing the Council at the celebration for PUSD School Board Member Candelario Mendoza. Dr. Thelma Melendez de Santa Ana, PUSD School Superintendent was honored by the State of California and nominated in the national competition for 2009 Superintendent of the Year by the American Association of School Administrators. He recommended residents obtain a copy of the trails map from City Hall and said he enjoyed the Steep Canyon Trailhead opening. Hundreds of residents were excited to be walking on the pathway. He enjoyed the D.B. 4 -Youth Middle School Dance at the Diamond Bar Center last Friday. It has been NOVEMBER 18, 2008 PAGE 12 CITY COUNCIL of CM/DeStefano and ACM/Doyle and the many other staff members who performed so well. Thanks again to his neighbors who were so accommodating and thanks to staff. D.B. was blessed and this is the best Thanksgiving one could have. C/Herrera thanked all of the public safety personnel. D.B. is fortunate to have such dedicated individuals watching out for its residents. Thank God for all who routinely put their lives on the line. Thanks to D.B.'s very dedicated personnel who came out to man stations, impart information, etc. There is a lot for which to be thankful as we enter the Thanksgiving season in that there were no lives lost and no property lost in D.B. The City's Veterans' Day Celebration was thanks to individuals who have fought for our freedoms that sometimes are taken for granted. Those individuals put their lives on the line to make life better for others. There is much for which to be thankful at this time in history. MPT/Everett said that it was said by many and there are not enough "thank-you's" to express how one feels. His colleagues said it very clearly, broadly and personally and with passion. Deputy Chief Bryant talked about the technicalities and issues and the magnificent strategic planning and structuring. Teamwork came to mind consistently with each of these and the other one was "professionalism" at the highest level. Captain Halm was present representing the Sheriffs Department that was a key part of the fire fight. Several speakers commented on the event this Evening. Vinod Kashup spoke very clearly about how he viewed the situation and how this is a great place. Jerry Hamilton said to never forget what happened. He said as an evacuee he concurred. There is no doubt that this City is fortunate to have the team in place today and the camaraderie and spirit that wells up within the community is remarkable. This is truly like a war against fire and our team won the war and the residents and constituents are grateful. Several said it succinctly and he agreed that "D.B. fire and public safety official's rock." He commented that the Veteran's celebration was a magnificent tribute honoring those who have served this Country. MPT/Everett spoke about representing the Council at the celebration for PUSD School Board Member Candelario Mendoza. Dr. Thelma Melendez de Santa Ana, PUSD School Superintendent was honored by the State of California and nominated in the national competition for 2009 Superintendent of the Year by the American Association of School Administrators. He recommended residents obtain a copy of the trails map from City Hall and said he enjoyed the Steep Canyon Trailhead opening. Hundreds of residents were excited to be walking on the pathway. He enjoyed the D.B. 4 -Youth Middle School Dance at the Diamond Bar Center last Friday. It has been NOVEMBER 18, 2008 PAGE 13 CITY COUNCIL a great couple of weeks and an emotional ride for many. Thanks so much to those who served. He thanked Kevin House and Rick Rogers for the interest in serving on the WCCA Advisory Board. He said he was troubled about communication and the perception of lack of communication. Unfortunately, notification is never enough and he hoped that the City would follow up on Item 7.1 and residents' cause for concern. The City does many things to communicate upcoming projects and at some point the residents have to take responsibility for staying informed. D.B. is very transparent and there are no underlying motives when it comes to the conduct of the City Council and staff. Thanks again to all who participate in making D.B. better. M/Tanaka commented on a wonderful Veterans' Day Celebration, the D.B. 4 -Youth in Action Dance and the Ribbon -Cutting Ceremony at Steep Canyon Trailhead. He announced that in the current Business Week magazine article D.B. was recognized as one of the best places to raise children. M/Tanaka spoke about the firestorm last week and again thanked the LA County Fire Department, LA County Sheriff's Department, the American Red Cross, the Inland Valley Humane Society and Noah's Wish, D.B.H.S., insurance company representatives, Verizon, the Diamond Bar Foundation, Sparklettes, Starbucks, Evangelical Free Church, Acapulco Restaurant, 7-11, BJ's Pizza, CVS, D.B.H.S. janitorial service, Leo's and others for their help. He also thanked the many volunteers as well as Target for their participation. Staff's participation kept the residents and Council well informed. He wished everyone a Happy Thanksgiving. ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the regular City Council meeting at 9:33 p.m. in honor of the City's public safety officers and the many volunteers who kept D.B. safe and comfortable during the major event of the past 72 -hours. TOMMY CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 2nd day of December 2008. RON EVERETT, MAYOR