HomeMy WebLinkAbout1/20/09 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
JANUARY 20, 2009
STUDY SESSION: M/Everett called the Study Session to order at
5:38 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, Tanaka, Tye
(telephonically), Mayor Pro Tem Herrera, Mayor Everett.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS
Director; David Liu, Public Works Director; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director; Ryan McLean, Assistant to the City
Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer;
Marsha Roa, Public Information Manager; Patrick Gallegos, Management
Analyst; Joyce Lee, Sr. Management Analyst; and Tommye Cribbins, City Clerk.
Also Present: Laith Ezzet, HF&H Consulting and Carolyn
Anderson, Waste Management.
-- ► UPDATE ON NEGOTIATION PROCESS WITH WASTE HAULERS —
Discussion and Action.
Laith Ezzet, Sr. Vice President, HF&H, took the Council through the
information presented. He reported that 59% of the 70 cities that he
spoke with have transfer fees that vary from as little as 2% to as much as
19% of the gross weight with the median in the area of 7, 8, 9 and 10%.
The preliminary estimate for a franchise fee equivalent to the median of
10% would generate about $500,000 to $650,000 per year for the City.
The other 41 % of the cities that do not have a franchise fee may have
other offsetting fees.
M/Everett asked if other types of fees are within the same range.
Mr. Ezzet responded that they are "all over the board." Generally, they
are less than the franchise fee percentages.
Mr. Ezzet responding to C/Chang stated that he was correct that generally
franchise fees would be passed on to the consumer.
Mr. Ezzet stated that solid waste vehicles tend to have a significant impact
on residential streets. A 2007 study by HF&H determined that the
estimated impact to maintenance costs would be slightly in excess of
$100,000 per year, similar to what the City is currently incurring. There
would be a significantly lesser impact to commercial because commercial
is 5 or 10% and commercial streets are typically required to handle much
heavier vehicles. The City is currently paying approximately $150,000 per
JANUARY 20, 2009 PAGE 2 CC STUDY SESSION
year for street sweeping. Some cities have chosen to fund street
sweeping costs through solid waste rates under the premise that it is --
another form of waste collection. For D.B. it would result in about a 3%
increase of the total current rate revenue.
Mr. Ezzet stated that in February he would bring back the entire
agreement that would include a summary of the enhancements to the
current agreement. Once the Council reviews and approves the
agreement it will then go to the waste haulers to begin the negotiation
process.
MPT/Herrera asked if the City would be looking to add to what it was
currently collecting via AB 939 fees, foregoing AB 939 or renaming the
collection.
Mr. Ezzet responded by stating that all of those options were on the table
for Council consideration.
CM/DeStefano said that staff would come back to Council with its
recommendations. At this point, staff wants to put all the options on the
table for consideration.
C/Tye felt that everything should be considered including the fact that
everything the City added to the contract would be passed along to the
residents.
C/Tanaka felt the Council should be very sensitive about adding fees.
MPT/Herrera suggested that rather than adding fees the City could
provide a larger senior discount and agreed with C/Tanaka that residents
often feel that the City may be lining its pockets with all of these fees and
that it was important to strike a balance.
M/Everett said that D.B. was on the low side when compared to other
cities.
C/Tanaka said he was concerned about the Puente Hills landfill closure
and the additional burden it would place on the City. He wondered
whether there could be a step increase to cover the cost of transporting
the waste that would not result in a "rate shock."
Mr. Ezzet stated that the landfill has already begun phasing in the
anticipated increases well in advance of the anticipated transport to
provide a steady rate increase over time and avoid "rate shock". He said
he would have to factor in whether the proposed waste haulers continue —
using the Puente Hills landfill and that he would be sensitive to the issue.
JANUARY 20, 2009 PAGE 3 CC STUDY SESSION
PUBLIC COMMENTS:
John Rowe, Montefino Homeowners Association stated that the streets in
the Montefino area are private and that the association is concerned about
having to payfees for services and road repair that wouldn't directly benefit
the residents of the association and that there are other associations in
the City in the same situation.
ADJOURNMENT: With no further business to discuss, M/Everett
adjourned the Study Session at 5:57 p.m.
TOMMY8 CRIBBINS, City Clerk
The foregoing minutes are hereby approved this 3rd day of Fphrilary ,
2009
—__
RON EVERETT, Mayor
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JANUARY 20, 2009
CLOSED SESSION: 5:00 p.m. — Room CC -8
Public Comments on Closed Session Agenda — None Offered.
IN. Government Code Section 54956.9(c) Initiation of Litigation — One
Case
M/Everett recessed the Closed Session at 5:30 p.m. with no reportable action
taken.
STUDY SESSION:
► Update on the City's Negotiation Process with Waste Haulers -
Discussion and Action.
Public Comments — John Rowe representing Montefino
Homeowners Association.
M/Everett recessed the Study Session at 5:57 p.m.
-- CALL TO ORDER: Mayor Everett called the regular City Council
meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
CA/Jenkins reported that during tonight's Closed Session no public comments on
the agenda were offered and no reportable action was taken by Council.
CM/DeStefano reported that during tonight's Study Session Council received an
update on the Franchise Study and Negotiation Process. City Council discussed
potential fees and costs and provided commentary to staff on this ongoing
process.
PLEDGE OF ALLEGIANCE: Mayor Everett led the Pledge of Allegiance.
INVOCATION: Ab Kastl, Associate Pastor, Diamond Canyon
Christian Church gave the invocation.
ROLL CALL: Council Members Wen Chang, Jack Tanaka,
Mayor Pro Tem Carol Herrera and Mayor Ron Everett. Council Member Steve
Tye was excused.
_ Staff Present: James DeStefano, City Manager; David Doyle,
Assistant 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 Director; Marsha Roa, Public Information Manager; Ryan McLean,
Assistant to the City Manager; Rick Yee Senior Civil Engineer; Kimberly Molina,
JANUARY 20, 2009 PAGE 2 CITY COUNCIL
Associate Engineer; and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
None
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 CM/DeStefano introduced Assistant Battalion Chief Greg Jones
who will serve as acting Assistant Chief for the Los Angeles County
Fire Department.
2. PUBLIC COMMENTS:
Steve Offing, 228 EI Vado Rd., said that he and his neighbors don' want
the stadium built in their back yard and that they are concerned about
traffic, noise and home values.
John Long, 530 Charmingdale Rd., President, D.B. Pony Baseball
League, asked if it would be possible to enter into a joint use agreement to
assist the League in getting lights for its fields. Registration for D.B. is
down while registration in surrounding cities that offer lighted playing fields
is up.
4. RESPONSE TO PUBLIC COMMENTS:
CM/DeStefano responded to Mr. Otting that the City is also concerned and
will oppose the stadium project until all concerns are addressed. In
October 2008 the City submitted more than 300 comments to the City of
Industry in a 102 page document that outlined in great detail the City's
concerns regarding traffic and noise as well as, concerns about lights,
public safety, air quality, and the specific environmental document that
Industry was utilizing for their proposed project. In February, Industry is
scheduled to approve the Environmental Impact Report and consider and
likely approve the project. D.B. will be at this Thursday's meeting to voice
concerns, and will continue to monitor the project and abide by Council's
direction on how to manage this issue to ensure that D.B. is protected. He
referred to the City's website as a source of in-depth information about the
actions D.B. has taken and will continue to take as this matter progresses.
CM/DeStefano responded to Mr. Long that field lighting is a matter better
addressed by the Parks Master Plan and that he and CSD/Rose would
meet with Mr. Long regarding a possible long-term solution during the
master planning of the City's parks and private facilities.
JANUARY 20, 2009 PAGE 3 CITY COUNCIL
5. SCHEDULE OF FUTURE EVENTS:
5.1 Parks and Recreation Commission Meeting — January 22, 2009 —
7:00 p.m., AQMD/Government Center Hearing Board Room, 21865
Copley Drive.
5.2 Planning Commission Meeting — January 27, 2009 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
5.3 Freeway Complex Fire Public Safety Appreciation Event — February
3, 2009 — 5:00 p.m. to 6:15 p.m., AQMD/Government Center
Cafeteria, 21865 Copley Drive.
5.4 City Council Meeting — February 3, 2009 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: MPT/Herrera moved, C/Chang seconded, to
approve the Consent Calendar as presented. Motion carried by the
following Roll Call:
AYES: COUNCIL MEMBERS: Chang, Tanaka,
MPT/Herrera, M/Everett
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Tye
6.1 CITY COUNCIL MINUTES — Regular Meeting of January 6, 2009 —
Approved as submitted.
6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION
COMMISSION MINUTES — Regular Meeting of November 13,
2008.
6.3 RATIFIED CHECK REGISTER — Dated December 31, 2008
through January 14, 2009 totaling $1,413,152.64.
6.4 ADOPTED RESOLUTION NO. 2009-02: APPROVING THE
APPLICATION FOR $195,681 OF LAND AND WATER
CONSERVATION GRANT FUNDS, WHICH IF AWARDED,
REQUIRES A $195,681 MATCH FROM THE CITY FOR THE
SUMMITRIDGE PARK SOUTHERN TRAIL PROJECT.
6.5 APPROVED CONTRACT AMENDMENT NO. 2 WITH FEHR &
PEERS 1N THE AMOUNT OF $55,000; AND AMENDMENT NO. 3
WITH SASAKI TRANSPORTATION SERVICES IN THE AMOUNT
OF $25,000 FOR PROFESSIONAL SERVICES RELATED TO THE
STATE ROUTE 57/60 FREEWAY CONGESTION RELIEF
STRATEGY.
JANUARY 20, 2009 PAGE 4 CITY COUNCIL
6.6 ADOPTED RESOLUTION NO. 2009-03: ESTABLISHING AN
APPROVED VENDOR LIST AS DEFINED IN ORDINANCE NO. 05
(2006).
6.7 APPROVED PLANS AND SPECIFICATIONS AND AWARDED
CONSTRUCTION CONTRACT FOR THE 2008-09 COMMUNITY
DEVELOPMENT BLOCK GRANT CURB RAMP INSTALLATION
PROJECT IN THE VICINITY OF NEIL ARMSTRONG
ELEMENTARY SCHOOL TO FONSECA CONSTRUCTION, INC.
IN THE AMOUNT OF $46,191 AND AUTHORIZED A
CONTINGENCY AMOUNT OF $11,500 FOR PROJECT CHANGE
ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A
TOTAL AUTHORIZATION AMOUNT OF $57,691.
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER
COMMENTS:
C/Chang congratulated President Obama and wished him success in
moving the country forward to be a leader throughout the world. D.B. has
continued to host great events like the Winterfest for which the City
brought in 80 tons of snow and built three snow sledding slopes at
Pantera Park. He offered kudos to staff on providing another great City
event. He thanked and congratulated the Friends of the Diamond Bar
Library for their many years of service to the community and thanked
outgoing President Tony Torng for his service and wished incoming
President Rick Rogers well.
C/Tanaka reported on his attendance at the City of Walnut's 50tn
Anniversary of Incorporation; the Winter Snowfest; ribbon -cutting
ceremonies in Hawaiian Gardens for the new public library and safety
center. He asked staff to revisit the possibility of reinstating the City's tree
maintenance schedule on a three-year schedule. He also proposed the
possibility of placing temporary lights on the D.B. Pony Baseball League
field and promoting a joint use agreement between the League and the
City.
MPT/Herrera asked staff to place on a future City Council agenda a
presentation by Foothill Transit regarding their proposal to add Pasadena
as a member of the JPA Governing Board for consideration and Council
action. Last week she attended the Contract Cities Legislative Conference
to learn about the State's financial situation. It was a very depressing --
session with some legislators indicating that no matter what anyone has
heard about the amount of the budget deficit, it is even greater than
JANUARY 20, 2009 PAGE 5 CITY COUNCIL
reported. What is even more alarming to her is the manner in which they
intend to resolve the deficit of about $42-43 billion. There were many
representatives from contract cities, many of whom stated that the
legislators should not balance the budget on the backs of the cities. D.B.
is waiting to see what decisions the State makes before proceeding with
next year's budget discussions — difficult to do when the City does not
know what monies it can count on. She attended the San Gabriel Valley
Council of Governments meeting last week. George Hunter, Secretary
from Pomona, lost his bid for re-election which left an opening on the
Board and Tom King from Walnut was elected to the position. She offered
her congratulations. She said that everyone was very sad to learn that
Grace MacBride, wife of Dexter MacBride, former Council Member and
long-time resident of D.B. suffered a massive heart attack a few weeks
ago. She offered her heartfelt sympathies to Dexter.
M/Everett agreed that everyone must be very mindful of the way the City
spends its money to do the things that need to be done. He appreciated
representing the City at various functions. Walnut's 50th Anniversary
Celebration is about the people and it was a delight to be present to
represent the City. The 8th Annual Snowfest was a terrific family event. He
thanked everyone involved. He recognized the sponsors and volunteers.
He talked about Dexter and Grace MacBride and their many
accomplishments.
ADJOURNMENT: With no further business to conduct, M/Everett
adjourned the regular City Council meeting at 7:10 p.m. in memory of Grace
MacBride.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this 3rd day of February ,
2009.
RON EVERETT, MAYOR