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HomeMy WebLinkAbout2/17/2009 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION FEBRUARY 17, 2009 STUDY SESSION: M/Everett called the Study Session to order at 5:52 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, Mayor Pro Tem Herrera and Mayor Everett Staff Present: James DeStefano, City Manager; David Doyle, Assistant 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; Ken Desforges, IS Director; Marsha Roa, Public Information Manager; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Anthony Santos, Management Analyst; Patrick Gallegos, Management Analyst; Joyce Lee, Sr. Management Analyst; and Tommye Cribbins, City Clerk. Also Present: Carolyn Anderson with Waste Management; David Perez with Valley Vista; and Laith Ezzet, Sr. Vice -President with HF&H, the City's Consultant. SOLID WASTE NEGOTIATION SCHEDULE Laith Ezzet, updated Council with a Power Point presentation on the status of where the City is in regards to the upcoming contract negotiations. He discussed and presented a summary of current contractor services, the proposed recycling enhancements, proposed contract terms and proposed funding provisions. C/Tye asked about the City's recycling program. Mr. Ezzet responded to C/Tye that if everyone did a good job of recycling, the City would be over 50% but the reality is that not everyone participates and some individuals contaminate their loads. Recycling charges are included in the residential rates; however, are not included in the commercial rates. If commercial customers wish to recycle they pay for additional bins. It is possible that the current rate scenarios for residential could be restructured to encourage recycling. Mr. Ezzet identified key dates for the negotiation process with the current haulers beginning in late February and March after which he would come back and meet with the Council individually to update them on how negotiations are proceeding. MPT/Herrera said she was surprised that the proposed length of the contract is for 7 years instead of 12 years plus an option to continue for FEBRUARY 17, 2009 PAGE 2 CC STUDY SESSION an additional 36 months. Item 3 (new residential collection carts) — currently, when carts are damaged they are promptly replaced. Some -- residents have new carts at this time and she would expect that new collection carts would be placed "as needed" rather than an automatic 100% replacement. Perhaps the drivers could make notations about carts that need replacement. CM/DeStefano stated that everything was negotiable with respect to future contract details. From his perspective he would like to have further direction from Council and not eliminate or significantly modify anything at this time absent the negotiations and feedback from the two waste haulers. C/Tanaka said that early on he had asked for information regarding recently settled contracts for comparison purposes. CM/DeStefano said that staff has the information and is well aware of what everyone has done recently including Arcadia. C/Chang reiterated he thought 7 years was a good term and that the 10% franchise fee should be a consideration. CM/DeStefano stated that the original schedule included bringing all the information to Council in May and asked Mr. Ezzet if it would be appropriate to accelerate that in a matrix format for Council. Mr. Ezzet said he was not sure that it would be the ideal time to provide a negotiating document until all information had been gathered and processed. C/Chang felt the City should share in recycling revenues. Mr. Ezzet said there are cities that share in recycling revenues. However, it sometimes turns into an auditing nightmare. At its worse it can be problematic and at its best it can be challenging. As an alternative, the City could make its rate adjustment formula component based on tracking the basket of recyclables. MPT/Herrera said that before the haulers remove recycling bins because of "contamination" she would prefer that the hauler or City make an effort to contact the individual to attempt a resolution. Sometimes there is a language comprehension problem especially as people move into a new home and do not realize the importance of what goes into each container and the importance of not mixing the items. She felt information should be provided in Korean, Chinese, Mandarin and other languages as necessary. FEBRUARY 17, 2009 PAGE 3 CC STUDY SESSION Mr. Ezzet said he would make sure that contamination education was included as a "first effort" component. PUBLIC COMMENTS: Carolyn Anderson, Waste Management, reported that her company does not automatically pull contaminated containers in the City. She personally goes into the home to provide personalized education in Chinese and Mandarin. MPT/Herrera felt that Waste Management needs to add "Korean" to the list of languages. ADJOURNMENT: With no further business to be discussed, M/Everett adjourned the Study Session at 6:19 p.m. TOMMY1# CRIBBINS, City Clerk The foregoing minutes are hereby approved this --ird� day of March , 2009 Al RON EVERETT, Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 17, 2009 CLOSED SESSION: 5:00 P.M., Room CC -8 Public Comments on Closed Session Agenda — None Offered. ► Government Code Section 54956.9(c) Initiation of Litigation — One Case STUDY SESSION: 5:52 p.m., Room CC -8 ► Solid Waste Contract Negotiations Update — Discussion and Action Public Comments: Carolyn Anderson, Waste Management. CALL TO ORDER: Mayor Everett called the regular City Council meeting to order at 6:33 p.m. in The Government Center/AQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that no public comments on the Closed Session Agenda were made and no reportable action was taken by the City Council. The Closed Session adjourned at 5:45 p.m. CM/DeStefano stated that tonight's Study Session updated Council on the Solid Waste Contract negotiations. The Council received a presentation from the City's consultant and staff regarding current residential services for Waste Management and Valley Vista; recycling enhancements and other contract terms as well as, the project schedule and funding provisions being contemplated by staff. The Study Session concluded at 6:19 p.m. PLEDGE OF ALLEGIANCE: MPT/Herrera led the Pledge of Allegiance. INVOCATION: Pastor Mark Hopper, Evangelical Free Church gave the invocation. ROLL CALL: Council Members Wen Chang, Jack Tanaka, Steve Tye, Mayor Pro Tem Carol Herrera and Mayor Ron 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; 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, Associate Engineer; Anthony Santos Management Analyst; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. FEBRUARY 17, 2009 PAGE 2 CITY COUNCIL 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Everett and Council presented Certificates of Recognition to the Diamond Bar High School One Air Club members and teacher Lynn Wan for participating in the Lexus Eco -Fair Challenge on January 25, 2009. M/Tanaka also thanked Leo Club members for helping plant the donated trees. BUSINESS OF THE MONTH: 1.2 M/Everett presented a City Tile to Frank Lew, owner of PostNet, 324 S. Diamond Bar Blvd. as Business of the Month for February 2009. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None 3. PUBLIC COMMENTS: Bridget Del Rio Cortes, representing the American Cancer Society - Relay for Life - asked for Council's consideration in simplifying the temporary use permit process as well as the use of the stage and equipment to help make this year's event easier. She stated that this is the fourth year for this event in D.B. She thanked Council for their continued support and invited residents to join in the American Cancer Society Relay for Life. She asked that the matter be placed on a future Council agenda for consideration. Nancy Koziara-Clark, 1647 S. Diamond Bar Blvd., voiced her concerns about the proposed City of Industry NFL stadium. Lawrence Reinhold, 180 Atterbury Dr., Walnut, thanked D.B. for addressing the problems with the proposed NFL stadium and encouraged everyone to keep working to overturn the project. Raul Galindo, representing the Diamond Bar Community Foundation, invited everyone to join in a Community Spotlight on the Arts, a benefit concert to raise money for the music program at D.B.H.S., D.R.H.S. and the Pacific Crest Drum and Bugle Corp that will be taking place on Sunday, March 1 from 2:00 to 4:00 p.m. in the Sophia B. Clark Theater at Mount San Antonio College. The Foundation will host a reception following the concert. Tickets are $25 per person available from the Box Office at 909-468-4050 or order online at www.performingarts.mtsac.edu A resident on High Country Dr., thanked the Council for their service and said she opposed the stadium. She said she was unable to find the FEBRUARY 17, 2009 PAGE 3 CITY COUNCIL Council Members' views on the stadium on the City's website. Alex Toh, felt it was very unfair for the City of Industry to put out flyers that say the NFL stadium is a "done deal". It isn't a done deal and urged the Mayor and Council Members to speak loudly in opposition of the stadium as well as urging residents to join together to stop the stadium from being built. Kim Chapman, 22713 Happy Hollow Rd., wanted the Council to guarantee that Sunset Crossing Rd. would not be opened to allow traffic to go through D.B. to the proposed stadium. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responded to Ms. Del Rio Cortes request by stating that the City has been working with her for the past couple of years on the Relay for Life event and each year the City provides resources to support the event. Typically what is required is a letter from the organization outlining the request. The letter for the Relay for Life event that was requested by staff a couple of months ago was just delivered this evening and staff will review the request and as it has done each year, coordinate the request through the City Manager's Office. CM/DeStefano reiterated that with respect to the proposed NFL stadium, the Council Members clearly share issues raised by the speakers this evening. There is no doubt that the City will be affected by traffic, noise, air pollution, public safety concerns etc. as stated during past meetings. All of these issues have been clearly understood by the City since October 2007 when this project was first proposed by Majestic Realty. In fact, these issues have been addressed in the multiple responses that the City Council authorized to be presented to the City of Industry over the last year. Last Thursday staff attended the City of Industry's Planning Commission meeting at which time the Commission approved the project without a single question or comment about the proposal. The matter moves forward to the City of Industry City Council on February 26. D.B. will be represented at this meeting and likely make additional comments and objections over the actions that it appears Industry is prepared to take. There are additional and legal options that the City will continue to explore as Industry nears its conclusion. All information is provided on the City's website. The comment regarding combining financial resources with the City of Walnut is not a decision that the City has made. Right now it seems most prudent for each of the cities to examine the issues on their own accord and share the results as is being done. Regarding other speaker comments, CM/DeStefano said it is clearly not the case that D.B. would be the recipient of millions of dollars of revenue. A suburban stadium such as the one being proposed does not provide revenue to adjacent cities. A downtown stadium has a much greater impact on local FEBRUARY 17, 2009 PAGE 4 CITY COUNCIL businesses, revenues, etc. As stated during the most recent City Council meeting, the City's position is opposition to the project unless D.B.'s concerns are mitigated. MPT/Herrera said she hoped the audience members understood that the actions that the City is taking reflect the City Council's views on this matter. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Household Hazardous and E -Waste Roundup — February 21, 2009 — 9:00 a.m. to 3:00 p.m., Gateway Corporate Center, 1300 Block of Bridge Gate Dr. 5.2 Planning Commission Meeting — February 24, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 Parks and Recreation Commission Meeting — February 26, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.4 City Council Meeting — March 3, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 State of the City — March 12, 2009 — Open House at 5:00 p.m., Presentation at 6:30 p.m. — 7:00 p.m., Diamond Bar Center Ballroom, 1600 Grand Ave. 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, MPT/Herrera, M/Everett NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES - Regular Meeting of February 3, 2009 — approved as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of November 25, 2008. 6.3 RATIFIED CHECK REGISTER — dated January 29, 2009 through February 11, 2009 totaling $926,533.45. FEBRUARY 17, 2009 PAGE 5 CITY COUNCIL 6.4 APPROVED CONTRACT INCREASE OF $19,251.44 WITH PTM GENERAL ENGINEERING SERVICES, INC. FOR THE TRAFFIC SIGNAL INTERCONNECT LINKS — PHASE I PROJECT FOR A TOTAL AUTHORIZATION AMOUNT OF $495,327.74. 6.5 EXONERATION OF SURETY BOND NO. 3SM98404400 IN THE AMOUNT OF $10,000 POSTED BY WINDMILL DEVELOPMENT FOR TRACT NO. 50314 TO SET MONUMENTATION ESTABLISHING PROPERTY BOUNDARIES. 6.6 APPROVED AMENDMENT TO THE FOOTHILL TRANSIT JOINT POWERS AUTHORITY TO INCLUDE THE CITY OF PASADENA AS A NEW MEMBER. 6.7 (a) APPROVED CONTRACT AMENDMENT AMOUNT OF $11,405 WITH NORRIS-REPKE FOR 2008-09 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATION PROJECT FOR A TOTAL AUTHORIZATION AMOUNT OF $39,795.00. (b) INCREASED CONTRACT BUDGET IN THE AMOUNT OF $24,000 WITH FONSECA CONSTRUCTION, INC. FOR THE 2008- 09 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATION PROJECT FOR A TOTAL CONTRACT AUTHORIZATION AMOUNT OF $81,691. 6.8 APPROVED AMENDMENT NO. 2 TO THE CONSULTING SERVICES AGREEMENT WITH DIANA CHO AND ASSOCIATES FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LABOR AND COMPLIANCE SERVICES ($21,623) FOR FY 2008- 09 AND RATIFIES THE EXTENSION OF THE CONTRACT THROUGH JUNE 30, 2009. 6.9 (a) AUTHORIZED THE CITY MANAGER TO APPROVE CONTRACT AMENDMENT NO. 2 WITH MUNICIPAL SOFTWARE CORPORATION (MSC). (b) AUTHORIZED THE CITY MANAGER TO APPROVE CONTRACT AMENDMENT NO. 2 WITH GO LIVE TECHNOLOGIES EXTENDING THE DURATION OF THE CONTRACT AT NO COST TO THE CITY. 7. PUBLIC HEARINGS: None FEBRUARY 17, 2009 PAGE 6 CITY COUNCIL 8. COUNCIL CONSIDERATION: 8.1 ADOPT RESOLUTION NO. 2009-07: AMENDING THE FY 08-09 MUNICIPAL BUDGET. CM/DeStefano made a brief presentation on the adopted budget and the mid -year adjustments. He stated that FD/Magnuson and her staff had worked through the mid -year budget looking carefully to ensure continued fiscal responsibility. D.B. remains in a very good fiscal position but there are concerns and uncertainties that will have to be addressed in the future. D.B. is anticipating a reduction in its revenue stream as a result of the recession. D.B. has had to tighten its belt with respect to the mid -year budget and will do so again with consideration of next year's budget. He then turned the presentation over to FD/Magnuson for further discussion. FD/Magnuson detailed the proposed budget adjustments included in the mid -year budget. The original adopted General Fund Budget estimated expenditures were in the amount of $19,256,792; however, since that time there has been additional appropriations of $1,084,326 bringing the total expenditure amount to $20,341,118. The increase in expenditures has been partially offset by an increase in the resources estimate. The original revenue estimate was $21,149,875 and was increased by $276,326 to a total amount of $21,426,201. Additional appropriated funds include funds for the purchase of land for a park, reinstatement of a law enforcement position, contract services for the solid waste franchise negotiation and special legal services. With potential losses in revenue as a result of the economy and State budget impacts, City management has instituted cost-saving measures including freezing several staff positions. Staff also reviewed the budget estimates and the proposed budget amendment formalizes some of these budget measures. As a result, the General Fund appropriations have been reduced by a total of $943,940 to a new expenditure amount of $19,397,178 while the General Fund revenues have also been reduced by $1,558,450 to a new total of $19,657.751. The reduction in the General Fund revenues is due primarily to a $1.2 million reduction from the cancellation of the sale of the Summitridge property. Other economy -driven reductions include decreases in transient occupancy tax and development related revenues. Most departments have been able to reduce operating budgets by implementing cost savings without affecting services to the residents. In addition, economic development studies have been deferred and reductions in development related contract costs. FEBRUARY 17, 2009 PAGE 7 CITY COUNCIL FD/Magnuson continued that as part of the mid -year budget review staff analyzed the capital improvement project program and made changes to eight projects resulting in an overall reduction in the program of $962,520. The major change involved the Chino Hills Parkway Rehabilitation project that resulted in deferring the balance of the project to Fiscal Year 2009-10. In addition, three other projects were deferred to a later date. The City has historically used General Fund reserves to supplement funding of various capital improvement projects. Changes made to this program have resulted in a reduction of General Fund reserves in the amount of $198,520. As a result of all modifications, the General Fund balance reserves are estimated to change from the current adjusted budget estimate of $29,729,418 to a new total of $29,313,428 at the end of this fiscal year. This mid -year budget amendment also includes an increase of $100,000 to the Prop A transit budget for Dial -A -Cab services reflecting the popularity of the program and changes recently made to the Diamond Ride program. With this budget amendment staff has made a concerted effort to live within the confines of the current economic conditions without compromising services provided to the City's residents. No public comments were offered on this item. C/Chang complimented staff on being proactive in this matter and moved to adopt the Mid -Year Budget. MPT/Herrera said she agreed with C/Chang's comments and said she appreciated staff's proactive and prudent actions. C/Tye said he' could not stress enough the good actions taken by staff across all department lines. It was not that long ago that there was public outcry for spending the City's surplus. This and previous Councils' built this reserve for a rainy day that has arrived. He said it was a privilege to second C/Chang's motion. C/Tanaka said he appreciated staff's work and believed that although the City is in a tight budget situation the rainy day the City saved for is here; however, he didn't believe that the City needed to make as many cuts as were proposed across the board especially in areas of Neighborhood Improvement. The City has worked hard to keep its City beautiful and if residents need to address these areas the City needs to continue promoting Neighborhood Improvement. He felt the vacant position should be filled. Also, with respect to landscape maintenance the City has taken a cut by rescheduling tree trimming from a three-year cycle to a five-year cycle, and felt that a three-year cycle is more prudent. FEBRUARY 17, 2009 PAGE 8 CITY COUNCIL M/Everett encouraged all residents to go online and review the adjustments line by line. CM/DeStefano explained that the surplus piece of property adjacent to Summitridge Park and the Diamond Bar Center was purchased by the City 10 years ago for about $9,000 at a surplus sale. Council authorized staff to place the property on the market about a year ago. There was a buyer and the City believed escrow would close. However, the housing market took a dive and the buyer stepped out of the purchase. Regarding C/Tanaka's comment on the Neighborhood Improvement officer position, the City presently has a vacancy of one code enforcement officer and is backfilling the position with the contract service provided by the City's Building and Safety provider; however, the City is still in the process of recruiting to fill that position on a permanent basis. As noted by Council, there is no drop in service and no change in the professionalism. He said he was hesitant at this time to hire a full time officer because he doesn't know what kind of financial burden the State may place on its cities. Indeed, some of the current positions that are being recruited may not be filled. In the meantime, staff has no intent to reduce the level of service for Neighborhood Improvement. With respect to landscape maintenance; specifically tree trimming, the City typically operates on a five-year cycle. A year or two ago Council moved to a three- year cycle but resources became challenging so in this past year staff went back to the more traditional five-year schedule. Each year an amount is budgeted for spot maintenance/tree trimming and staff believes it is most appropriate to continue using those annually budgeted resources and recommends that at this point the City not move to a three-year cycle but rather remain with the five- year cycle. MPT/Herrera said that it was her firm belief that the City should never pay for ongoing expenses out of its reserves and that it should do its best to live within its means. Otherwise, the City could slowly slip into a deficit as have many surrounding cities. She would be opposed to taking money from the City's reserves to pay for ongoing expenses. C/Chang moved, C/Tye seconded to adopt Resolution No. 2009- 07; amending the FY 2008-09 Municipal Budget. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Herrera, M/Everett NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None FEBRUARY 17, 2009 PAGE 9 CITY COUNCIL 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang commented on the weather and hoped the rain would cure this year's drought. He stated that since there is so much rain a lot of weeds will grow very rapidly and asked residents to cut down weeds on slopes and in public areas. He explained that the City collects money through lighting and landscape district assessments for Neighborhood Improvement. However, the income does not cover the expenses at this point. The committee is discussing ways to cover the deficit without using reserve funds. D.B. is very fortunate that its Council can pass a budget without shutting down the City. Council and staff are fiscally conservative and for its entire 20 year history the City has balanced its budget continuously to increase its surplus. He again commended staff on finding 21 ways to cut expenses without compromising services. C/Chang then stated that several residents who use the small parcel at the edge of Summitridge Park, have asked if the City could install a post and provide bags for dog waste pickup. C/Tanaka reported on attending the California Contract Cities Association Executive Board meeting during which the Board concurred to leave the matter of accepting or opposing the City of Industry NFL stadium to the individual cities. He attended the Diamond Bar Senior Citizens Valentine celebration dinner and dance; and the Three Valleys Water District Quarterly Leadership Breakfast. He thanked staff for the budget revision and hard work throughout the year. C/Tye said that in two months the City will celebrate 20 years as a City and for the 8th straight year D.B. has been named Tree City USA. Last week he attended the celebration for Mary Su the first Chinese-American woman to become mayor of the City of Walnut. He congratulated the One Air Club and teacher Lynn Wan who oversees the group. He reported that thieves have hit D.B. again and asked Council for support in offering a $1000 reward to help find the individuals who stole 2 memorial benches. He also asked what could be done to anchor the benches or mark them in such a way so that the recycling source could be aware that these items were stolen. MPT/Herrera said she was sorry she missed the last Council Meeting and reception that the City held for fire and public safety personnel thanking them for the superb job in fighting the fires that surrounded D.B. She reported that she had watched the webcast of the last Council Meeting and comments were made about a $15,000 contribution that Ed Roski, Jr. supposedly gave to her. She stated that the assertion was false. Ed Roski, Jr. did not give her $15,000 nor was $15,000 deposited into her campaign account. She believed it was important for the truth to be spoken. FEBRUARY 17, 2009 PAGE 10 CITY COUNCIL M/Everett said that he and ACM/Doyle attended a San Gabriel press conference with Sheriff Baca and leaders of the four stations that are a part of the San Gabriel Valley. The D.B./Walnut Station boasted a reduction in robbery, aggravated assault and criminal homicide. Last year burglaries in D.B. were down 43%. He also attended the Three Valleys Water District Breakfast and commented that everyone needs to take water conservation very seriously. One tends to get somewhat casual when there is so much rain and damage but water conservation is very important. He encouraged individuals to go to the website www.watereducation.org and participate in the blog www.aguafornia.org He also joined C/Chang on Saturday to participate in the annual Council of African-American Parents Cultural Fair. ADJOURNMENT: With no further business to conduct, M/Everett adjourned the regular City Council meeting at 8:1 p.m. TOMM CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 3rd day of March , 2009. Ni�'�' M� � RON EVERETT, MAYOR