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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