HomeMy WebLinkAbout02/03/09 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 3, 2009
CALL TO ORDER: Mayor Everett called the regular City Council
meeting to order at 6:30 p.m. in The Government Center/AQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: C/Tanaka led the Pledge of Allegiance.
INVOCATION: Monsignor James Loughnane, St. Denis
Catholic Church gave the invocation.
ROLL CALL: Council Members Wen Chang, Jack Tanaka,
Steve Tye, and Mayor Ron Everett. Mayor Pro Tem Carol Herrera 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; Ryan McLean, Assistant to the City Manager; Marsha
Roa, Public Information Manager; Rick Yee, Senior Civil Engineer; Kimberly
Molina, Associate Engineer; Cecilia Arellano, Public Information Coordinator;
Lauren Hildago, Public Information Specialist; Patrick Gallegos, Management
Analyst, Anthony Santos, Management Analyst; and Tommye Cribbins, City
Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 M/Everett proclaimed February 6, 2009 as "Go Red for Women"
day and presented the Proclamation to Alex Wade with the
American Heart Assn. and Leticia Pacias, with the Los Angeles
County Fire Department.
1.2 M/Everett, C/Chang, C/Tye and C/Tanaka, presented Certificates of
Recognition to the State and Local Emergency Agencies involved
in the Freeway Complex Fire.
Representatives from the offices of Congressman Gary Miller, State
Senator Bob Huff and Assemblyman Curt Hagman also presented
Certificates to the many agencies.
C/Chang also thanked staff for their participation during the fire.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
FEBRUARY 3, 2009 PAGE 2 CITY COUNCIL
3. PUBLIC COMMENTS:
Howard Wang, 21619 Parkview Ct., Walnut said he was opposed to the
NFL stadium and that the EIR was totally inadequate. He also wanted
D.B. to file a complaint against the City of Industry's supplemental EIR
and demand a new EIR for the stadium as a standalone project.
Wayne Breitkreutz, 555 Golden Spur Circle, Walnut, also spoke in
opposition of the proposed NFL stadium and wondered if D.B. was willing
to pursue a lawsuit through to its conclusion. He said he would like
MPT/Herrera to comment on the contribution she received from Mr. Roski
and whether it would cloud her opinion about the stadium.
Steve Otting, 228 EI Vado Rd. D.B., said he recently joined CAS —
Citizens Against the Stadium that held a protest on Saturday along with
other D.B. and Walnut. He felt that the stadium should be built in Anaheim
or downtown LA close to the Staples Center.
Alex Toh, 233 La Bonita Rd. D.B., recently learned that the NFL stadium
would be next to the old Diamond Bar Honda location and felt that many
residents would oppose the stadium primarily due to traffic issues.
Joson Lam, 886 Terrace Lane West, D.B., reiterated the six Council
objectives on the City's website and asked what the City's perspective
was regarding the project and what kind of support the City can offer
opposing the project. He also asked if the NFL project is strictly a City of
Industry project that doesn't allow input from other cities.
Peter Pirritano, 918 Terrace Lane West, said he supported the project
because historically, NFL Stadiums provide a lot of economic revenue to
the area.
Richard Toombs, 760 N. Golden Springs Dr., spoke in support of the
stadium that would provide many jobs to the community. In addition, as
he has previously stated, he believes the City still needs a dog park.
Allen Wilson wondered if the City could afford another $75,000 to oppose
the stadium (Consent Calendar Item 6.7).
Robert Zeeman, 23624 Prospect Valley Dr. D.B., spoke in opposition to
the NFL Stadium because he believed it would result in increased crime
and traffic.
Lucy Yang, Walnut, introduced Joseph Hsu, 23569 Jubilee Ln and Tony
Tai, 579 Rancheria who were opposed the development. Ms. Yang
believed if the stadium was built, property values in the area would
decline. In her opinion, the stadium would provide only short-term jobs
FEBRUARY 3, 2009 PAGE 3 CITY COUNCIL
and in the long run bring property values down, impose social
deterioration and cause more pollution. She urged the Council to
negotiate only for a new EIR.
Cindy Tse, Walnut, supported her D.B. colleagues in opposing the
proposed stadium project because of all the negative impacts such as
traffic, noise, pollution, etc. that have not been addressed in the EIR.
Jean Smith, Walnut, suggested that D.B. explore ways to join the City of
Walnut to fight the NFL stadium project.
Shiuh-Ming Ellis, 20841 E. Apache Way, Walnut, said she has been
involved in opposition to the stadium since last September. Those in favor
tend to focus on economic benefits and that the developer has overstated
the economic benefits to D.B. and Walnut. She believed that there would,
in fact, be a negative economic impact to both cities.
Greg Wong, 20925 High Country Dr., D.B., stated that he had reviewed
the traffic analysis portion of the EIR and found many flaws and unfeasible
mitigation measures and that he felt that a new EIR must be done. He
said he was opposed to the project but if it is beyond the point of stopping
the project there should be mitigation measures that will work to relieve
traffic congestion.
Steve Swanson, 23966 Gold Nugget Ave., D.B., said he too was opposed
to the stadium. The proposed mitigation measures will not solve the
problem of having a stadium where it is intended to be placed. He has the
feeling that the City is interested in being compensated and that it is not
opposed to the project in principal. If the stadium is built he will leave D.B.
Marcus Lotto, 23419 Cleghorn Dr., D.B., said he expected more D.B.
residents to participate tonight and work with the City of Walnut to oppose
the stadium project. He felt the City's opposition was almost tepid at best.
He said he was shocked and surprised that the City had not attempted to
make its residents more aware of what was happening so that as a
community the residents could decide together on an approach to this
matter and do what needs to be done. If the stadium goes in he too will
leave the City.
Paul Dea, 1595 S. Deerfoot Dr., D.B. said the job of the Council was to
protect the City's environment.
Sean McGuire, 2058-2 Kiowa Crest Dr. D.B., a junior in high school, said
he laves D.B. and its schools. He is worried that the NFL stadium might
change the atmosphere because he too believes it will bring crime, traffic
and pollution. The proponents have cited it will be a boost to the economy
which he finds hard to believe because construction jobs will be temporary
FEBRUARY 3, 2009 PAGE 4 CITY COUNCIL
and the remaining jobs will be minimum wage. He too is worried about
home values. Individuals have already lost a lot of equity in their homes -
and if an NFL stadium is built in their back yards their home values will
deteriorate even further. Residents are looking to their City Council to
protect them from this looming tragedy. He urged the City to join with the
City of Walnut to fight this project.
Mandy Ho, 21148 Lycoming, D.B., said she was against the stadium. Her
parents moved from Walnut to D.B. for the nice neighborhoods and if a
stadium is approved it will have a big impact on her family and others.
4. RESPONSE TO PUBLIC COMMENTS:
CM/DeStefano said he felt it was important for residents and guests to
understand that D.B. has been on top of this issue for many months in
advance of any other city in the immediate region with the exception of the
City of Industry. D.B.'s position and Councils' direction are clearly evident
by the actions that have been taken to date. The City's position is
opposition unless its concerns are mitigated. D.B. was the first city to
latch onto this issue in October 2007 when the City of Industry and
Majestic Realty announced the potential for an NFL stadium on a piece of
property that had been previously approved for some 5 million sq. ft. of
commercial development, a project that was approved by the City of
Industry over the objections of the City of D.B. in 2004. The NFL stadium
anchored project is labeled as an amendment/revision to the previously
approved project. D.B. has stated in the EIR response documentation that
the City objects to that characterization because D.B. believes this is a
wholly different project that requires a completely new and different
environmental analysis. In October 2007 upon becoming aware of this
project, the City immediately hired environmental and engineering
consultants to prepare for the preparation of an Environmental Impact
report by the City of Industry. Industry announced its preparation about
February 2008. In May 2008 D.B. was the only City to respond to the
document outlining the proposed project. Using the environmental and
traffic consultants the City had already hired, D.B. submitted a 14 -page
document outlining the City's concerns, issues and areas that D.B. felt
Industry should focus on should they ultimately pursue the EIR for this
project. In October 2008 D.B. submitted a 102 page document to the City
of Industry that contained over 300 comments starting with the improper
utilization of the environmental document and continuing through multiple
pages of a wide variety of traffic impact concerns, public safety concerns,
light intrusion, noise impacts, air quality and so on. Within the 102 page
document and over 300 comments each of those concerns were carefully
outlined to establish a foundation for future action by the City of D.B. The
City's consultants were engaged by the City of Walnut for their response
to the City of Industry. Since October 2008 D.B. has awaited the
response from the City of Industry regarding comments provided by D.B.
FEBRUARY 3, 2009 PAGE 5 CITY COUNCIL
and others. The response came in the form of what is termed the Final
EIR in January 2009. D.B. was disappointed about the response received
from the City of Industry. Many of the City's concerns, suggestions and
complaints were not responded to in a manner D.B. felt adequate and
appropriate. While D.B. was preparing the review of the Final EIR and
preparation of a response to those documents, we were also engaging in
the use of special legal counsel to assist the City of D.B. in its endeavor to
pursue corrections to the project, if not proper utilization of the
environmental document. D.B. quietly selected a special legal counsel to
assist the City in fall of 2008 under the City Manager's authority. D.B. was
fully prepared in January to submit to the City of Industry was a 59 page
letter from the City's special legal counsel outlining all of the City's issues,
disappointments, etc. building on the record that D.B. had already
established with the City of Industry. D.B. continues to follow this matter
very closely. City of Industry is proposing a Planning Commission
meeting on February 12 and it is expected their Planning Commission will
conduct a Public Hearing and likely recommend approval to their City
Council of certain portions of the project. D.B. will attend that meeting to
state its concerns and will be at the February 26 Industry City Council
meeting where it is expected they will receive the recommendation from
their Planning Commission and likely take action to approve the
development project. D.B. will continue to pursue this matter and remain
opposed as long as the issues outlined are not mitigated to the City's
satisfaction. D.B. was the first to act in placing all documentation on its
City Website and has maintained a very public stance on its position
regarding the issue. It can only be made clear that D.B. had extraordinary
and deep concerns regarding this project in light of the documentation it
has produced in response to the proposed project. The City has remained
vigilant and remains aware of and commented upon many of the issues
brought forward by speakers this evening and will continue to do so.
C/Chang confirmed that CM/DeStefano's statements represent the City
Council's decisions and objectives.
C/Tye reminded everyone that this was an emotional issue and it was
incumbent upon everyone to keep the facts straight. Everyone has their
feelings and opinions about the matter. At the same time, he will not
stand for innuendoes that are used to impugn MPT/Herrera's character.
He stated that Mrs. Herrera like every member of this Council has only
D.B.'s best interest in mind and that is what this Council will pursue in
accordance with what CM/DeStefano outlined.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting — February 10, 2009 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
FEBRUARY 3, 2009 PAGE 6 CITY COUNCIL
5.2 Traffic and Transportation Commission Meeting — February 12,
2009 — 7:00 p.m., AQMD/Government Center Hearing Board -
Room, 21865 Copley Drive.
5.3 President's Holiday — February 16, 2009 — City Offices will be
closed in observance of the President's Holiday. City Offices will
reopen Tuesday, February 17, 2009.
5.4 City Council Meeting — February 17, 2009 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
5.5 Household Hazardous and E -Waste Roundup — February 21, 2009
— 9:00 a.m. to 3:00 p.m., Gateway Corporate Center, 1300 Bridge
Gate Drive.
6. CONSENT CALENDAR: C/Chang moved, C/Tye seconded, to approve
the Consent Calendar as presented. Motion carried by the following Roll
Call:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, M/Everett
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Herrera
6.1 CITY COUNCIL MINUTES:
6.1.1 Study Session of January 20, 2009 — Approved as
submitted.
6.1.2 Regular Meeting of January 20, 2009 — Approved as
submitted.
6.2 RECEIVED AND FILED PARKS AND RECREATION
COMMISSION MINUTES — Regular Meeting of November 20,
2008.
6.3 RATIFIED CHECK REGISTER — dated January 15, 2009 through
January 28, 2009 totaling $1,698,947.49.
6.4 APPROVED TREASURER'S STATEMENT — for the month of
December 2008.
6.5 APPROVED NOTICE OF COMPLETION WITH PREMIER
PAVING, INC. FOR THE PALOMINO DRIVE NEIGHBORHOOD
TRAFFIC CALMING PROJECT.
FEBRUARY 3, 2009 PAGE 7 CITY COUNCIL
6.6 (a) APPROVED PLANS AND SPECIFICATIONS AND AWARDED
CONSTRUCTION CONTRACT FOR THE SUNSET CROSSING
ROAD AND PROSPECTORS ROAD TRAFFIC CALMING
PROJECT IN THE AMOUNT OF $344,000 TO ALL AMERICAN
ASPHALT; AND, AUTHORIZED A CONTINGENCY AMOUNT OF
$30,000 FOR CONTRACT CHANGE ORDERS TO BE
APPROVED BY THE CITY MANAGER, FOR A TOTAL
AUTHORIZATION AMOUNT OF $374,000.
(b) APPROPRIATED $15,435 FROM THE TRAFFIC
IMPROVEMENT FUND TO THE CAPITAL IMPROVEMENT
PROGRAM BUDGET AND APPROVED A CONSULTANT
SERVICES AGREEMENT WITH DMS CONSULTANTS, INC. FOR
CONSTRUCTION MANAGEMENT SERVICES IN THE AMOUNT
OF $52,175 PLUS A CONTINGENCY AMOUNT OF $5,000 FOR
CHANGE ORDERS TO BE APPROVED BY THE CITY
MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF
$57,175 FOR THE SUNSET CROSSING ROAD AND
PROSPECTORS ROAD TRAFFIC CALMING PROJECT.
- 6.7 APPROPRIATED $75,000 FROM GENERAL FUND RESERVES
FOR SPECIAL LEGAL SERVICES PROVIDED BY SHEPPARD,
MULLIN, RICHTER & HAMPTON, LLP.
6.8 (a) ADOPTED RESOLUTION NO. 2009-04: ORDERING THE CITY
ENGINEER TO PREPARE AND FILE A REPORT RELATED TO
MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF
DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 2009-10.
(b) ADOPTED RESOLUTION NO. 2009-05: ORDERING THE
CITY ENGINEER TO PREPARE AND FILE A REPORT RELATED
TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY
OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 2009-10.
(c) ADOPTED RESOLUTION NO. 2009-06: ORDERING THE
CITY ENGINEER TO PREPARE AND FILE A REPORT RELATED
TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY
OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 2009-10.
(d) APPROVED CONTRACT AMENDMENT NO. 4 WITH GFB-
FRIEDRICH & ASSOCIATES, INC. FOR ASSESSMENT
ENGINEERING SERVICES FOR LANDSCAPE ASSESSMENT
DISTRICTS 38, 39 AND 41 FOR A PERIOD OF ONE YEAR, FOR
A TOTAL CONTRACT AMOUNT OF $12,950.
FEBRUARY 3, 2009 PAGE 8 CITY COUNCIL
6.9 EXONERATION OF SURETY BOND NO. 3SM98404500 IN THE
AMOUNT OF $210,909.80 POSTED BY WINDMILL
DEVELOPMENT FOR TRACT NO. 50314 TO COMPLETE
GRADING IMPROVEMENTS.
7. PUBLIC HEARINGS:
7.1 PUBLIC HEARING — ORDINANCE NO. 01(2009): EXTENDING
ORDINANCE NO. 02(2008) PROHIBITING THE ISSUANCE OF
PERMITS FOR ESTABLISHMENT OF AMUSEMENT,
ENTERTAINMENT AND OTHER SPECIFIED CONGREGATION
USES IN THE COMMERCIAL AND OFFICE ZONING DISTRICTS
ACCORDING TO THE PROVISIONS OF CALIFORNIA
GOVERNMENT CODE SECTION 65858.
ACDD/Gubman reported that last year about this time the City
Council adopted an interim urgency ordinance which instituted a
moratorium on the issuance of permits for the establishment of
amusement, entertainment and other specified congregation uses
in the City. The reason for the adoption was to address the
increased number of complaints about the secondary impacts of
these facilities, particularly pertaining to noise, traffic, parking and
law enforcement. This moratorium is set to expire February 5.
Staff has begun its initial review of new development standards and
location criteria for these types of uses and requires additional time
to study the matter in order to bring it to a future Council Study
Session. While staff is completing the research there is an
immediate threat to the public health, safety and welfare posed by
the amusement, entertainment and other specified congregation
uses and therefore, the extension of the urgency ordinance is
necessary to alleviate that threat until a more permanent remedy
can be implemented. Government Code Section 65858 authorizes
the City Council to extend the urgency ordinance for one more year
and therefore staff recommends that the City Council extend the
moratorium for one additional year.
M/Everett opened the Public Hearing.
With no one present who wished to speak on this matter, M/Everett
closed the Public Hearing.
FEBRUARY 3, 2009 PAGE 9 CITY COUNCIL
C/Chang moved, C/Tanaka seconded, to Adopt Ordinance No.
01(2009). Motion carried by the following Roll call vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye,
M/Everett
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Herrera
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER
COMMENTS:
C/Tye wished a Kung Hei Fat Choi to all of the Chinese residents. It was
a pleasure to participate in the D.B.-Chinese Association celebration at
D.B.H.S. over the weekend. On Saturday he joined Board of Equalization
Member Judy Chu at the recognition in conjunction with the San Gabriel
Valley Regional Chamber of Commerce E -Waste program. He
congratulated Senator Huff and Assemblyman Hagman on their
_ appointments to their respective boards. He asked that tonight's meeting
be adjourned in the memory of Monte Montero and that everyone keep
Gloria and her family in their thoughts and prayers.
C/Chang stated that the Inland Valley Humane Society report indicates
that in 2008 they made about 1,676 calls (672 hours of service) for the
City of D.B. C/Chang announced that the City has hit its sales tax
revenue target of $3.5 million; however, it is anticipated that the City will
suffer a reduction of about Y2 million in the next fiscal year due to the
economic downturn. He reiterated that CM/DeStefano stated the
Council's position with respect to the NFL stadium issue.
C/Tanaka attended the ribbon cutting for EI Pollo Loco, the DB 4 -Youth
meeting; a reception recognizing the emergency services agencies, and
the Tzu Chi Foundation's New Year's Celebration. C/Tanaka continued
by stating that C/Chang chairs the LA County Fair D.B. Day Committee
and as a member of the Committee C/Tanaka participated in a discussion
of upcoming events for the 2009 celebration that will be held on Thursday,
September 17.
M/Everett reminded residents that the City makes every effort to notify the
community of pending and upcoming events through its announcement of
Schedule of Events during City Council meetings as well as, on the City's
Website, in the D.B. City News as well as other means. He thanked
CM/DeStefano for his response to public comments and thanked the
residents for their input. M/Everett stated that recently, he represented the
City in Sacramento at the California League of Cities New Mayors and
Council Conference which was an excellent and educational event. He
FEBRUARY 3, 2009 PAGE 10 CITY COUNCIL
felt that the City is at the forefront with its communication. He emphasized
the time spent this evening in recognition of superior preparation,
performance and execution of a variety of skills and professional
responsibilities and congratulated the Diamond Ranch High School Boys'
basketball team and offered his sympathies and encouragement to the
family of Monte Montero.
RECESS: M/Everett recessed the City Council meeting to Closed Session at
9:01 P.M.
10. CLOSED SESSION:
► Government Code Section 54956.9(c) Initiation of Litigation — One
Case
Public Comments on Closed Session Agenda: None
ADJOURNMENT: With no
adjourned the regular City Council
Montero.
further business to conduct, M/Everett
meeting at 9:50 p.m. in memory of Monte
TOMMYEf CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved thisi7th day of February ,
2009.
RON EVERETT, MAYOR