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HomeMy WebLinkAbout3/3/2009 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 3, 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 ► Government Code Section 54956.8 Acquisition of Real Property Property Address: Agency Negotiator: Under Negotiation Portion of property located at 1104 S. Diamond Bar Boulevard Diamond Bar, CA 91765 City Manager Price and Terms CALL TO ORDER: Mayor Everett called the regular City Council meeting to order at 6:45 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that there were no public comments on the Closed Session Agenda and no reportable action was taken by the City Council. Closed Session was adjourned at 6:35 p.m. PLEDGE OF ALLEGIANCE: Mayor Everett led the Pledge of Allegiance. INVOCATION: Dr. Lee Bendel[ 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; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Greg Gubman, Acting Community Development Director; Ken Desforges, IS Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Debbie Gonzales, Administrative Records Coordinator; Anthony Santos, Management Analyst; Patrick Gallegos, Management Analyst; Cecilia Arellano, Public Information Coordinator; Lauren Hildago, Public Information Specialist, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Ev(:.:rett presented a City Tile to Library Manager Irene Wang, upon her retirement after 29 years of service, 13 of which she MARCH 3, 2009 PAGE 2 CITY COUNCIL dedicated to the Diamond Bar Library. Rick Rogers, President of the Diamond Bar Friends of the Library along with Kathleen Newe, congratulated Irene Wang and thanked her for the wonderful job she has done for the City. Mr. Rogers announced that on March 27 a retirement dinner will be held in Ms. Wang's honor at the Holiday Inn Select. Anyone wishing to attend the dinner should contact Julie McCaslan at the Library for ticket information at 861-4970. BUSINESS OF THE MONTH: 1.2 M/Everett presented a City Tile to Rosie Granados, Academy Director of La Petite Academy as Business of the Month for March 2009. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None 3. PUBLIC COMMENTS: Eileen Ansari stated that she would miss Irene Wang and thanked her for all the hard work she has done for the betterment of the D.B. Library. Ms. Ansari went on to state that she was not opposed to the stadium but felt it should benefit the City of D.B. She proposed that D.B. and Walnut receive a fee or portion of the ticket sales in perpetuity. She also reported that she attended the funeral for former State Senator Nell Soto who passed away. She stated that Sen. Soto was instrumental in legislation to improve the area and asked that tonight's meeting be adjourned in her honor. Latisha Fairley, 1321 Garzon PI., asked for an update on incorporation of the area south of the freeway into the 91765 zip code or a new zip code for the area. John Harbaugh, 23347 Wagon Trail Rd., spoke in support of the NFL stadium. Dr. Larry Rhodes, 21224 Fibre Ct., stated that he was concerned about the possible buildup of the rat population, as well as street traffic and overhead helicopters that could be brought by the stadium. Beth Veloff, 741 Lyonwood Ave., spoke in favor of the NFL stadium. Lawrence Reinhold, 1480 Atterbury, Walnut, spoke in opposition to the NFL stadium. Adri Estrada, 3610 Crooked Creek Dr., spoke in favor of the NFL stadium. — Daniel McNamara, 212 Benicia Rd., spoke in favor of the NFL stadium. MARCH 3, 2009 PAGE 3 CITY COUNCIL Deb Long, 1181 N. Diamond Bar Blvd., spoke in support of the NFL stadium. Steve Offing, 228 EI Vado Rd., reiterated his opposition to the NFL stadium. Vinod Kashyap, 21452 Chirping Sparrow Rd., spoke in favor of the NFL stadium. Miki Clark, 324 S. Diamond Bar Blvd., supported the NFL stadium. Sir Clark, 23972 Sunset Crossing Rd., spoke in favor of the NFL stadium. Kirk Ramirez, 442 Rockbridge Rd., spoke in opposition to the NFL stadium. Richard Toombs, 760-D N. Golden Springs Dr., spoke in support of the NFL stadium. Peter Pirritano, 918 Terrace Lane West, spoke in support of the NFL stadium. Robert Velazquez, 24336 Seagreen Dr., said he too was concerned about mitigation of traffic and noise for the stadium and felt there wouldn't be money for D.B. unless the City negotiated. Darlene Estrada, 420 Golden Springs Dr., said she supported the stadium and medical facilities that would be built. She is a nursing student and the stadium would provide possible jobs for her and her colleagues as well as provide medical facilities for D.B.'s population. Jeff Quan, 1004 Mark Ct., supported the NFL stadium project. Daryl Bowler, 20925 Running Branch Rd., supported the NFL stadium project. Mike Goldenberg, 1859 Morning Canyon Rd., respected those who voiced concerns but felt that the stadium will be built in the City of Industry without regard to D.B. or Walnut. Most attendees will arrive via the SR57, SR60, 10 and 210 freeways or Metrolink. The opportunity for traffic to cut through D.B. would be minimal and focusing on mass transit facilities would benefit all. D.B. is a very efficient City that is intent on using its funds and resources wisely so the focus should be on doing what is best for D.B. MARCH 3, 2009 PAGE 4 CITY COUNCIL Reon Moag, 21719 Lost River Dr., felt the NFL stadium would be good for all the youth organizations throughout the 28 different cities that compose the San Gabriel Valley. Jr. All-American Football is very much in favor of the project. Terry Au, 343 Armitos PI., spoke in favor of the NFL stadium and that the infusion of jobs will help the economy throughout LA County. Allen Wilson said the stadium would be built and recommended the City assign a 20 -member task force to put together a year 2030 vision for the City. Adam Oppenstein, 657 Alder Ln., said he and his spouse differ on whether to support the stadium and thanked the City for being proactive in the face of growth. The City of Industry will move forward with this project and overall he sees the financial benefit to LA County. He urged the Council to work toward making this a win-win situation as it has done in the past. Kim Chapman, 22713 Happy Hollow Rd, asked the Council to protect the community by bringing legal action to mitigate the project. Beronica O'Barr, 21364 Broken Arrow Dr., asked the City not to support the stadium project unless the City of Industry pays for mitigation to protect D.B. Jim Hays, 21323 Cottonwood Ln., spoke in opposition to the stadium and asked the City to do whatever it could to mitigate the project. Grace Lim -Hays, 21323 Cottonwood Ln., spoke against the stadium project because she believes it is incompatible with surrounding residential neighborhoods. Fred Encinas, 610 Skyline Dr., encouraged the City Council to hold a town hall meeting to discuss this project and make sure the developer is held accountable for mitigation measures. John Hoven, 1202 Greycrest PI., thanked Irene Wang for her service to the library. He spoke in support of the NFL stadium and hoped the City Councils of D.B. and Walnut could manage to make this a win-win situation with respect to all issues. Gene and Helen Doss, 23806 Cholame Dr., spoke in favor of the NFL stadium complex. Garret Rukes, 1505 Longview Dr. spoke in support of the project. MARCH 3, 2009 PAGE 5 CITY COUNCIL Eric Ota, 970 Looking Glass Dr., spoke in favor of the NFL stadium because it would bring jobs and amenities to the area. Ron Layton, 172 N. Rock River Dr., spoke in support of the state of the art NFL stadium project that would bring new blood, energy and money to the community. He felt that the traffic concerns would be short-term if the big - fix is put into operation. Lou Fisher, 1860 Shaded Wood Rd., said he was very much in favor of the stadium. Ray LeVangie, 4959 Palo Verde St., Rancho Cucamonga, with the Plumbers and Pipefitters Union, said his union favored the NFL stadium project because it would create a number of jobs and hopefully would be the engine to kick-start the economy. He felt the Council should work to make this a win-win situation. Shannon Sivak, 22852 Hilton Head Dr. #162, spoke in favor of the NFL stadium project which he felt would bring tourists to the area and D.B. should promote the City and take advantage of the opportunities the project would bring to the area. Marie K. Sarna, 21131 Chirping Sparrow Ln., spoke in favor of the NFL stadium project and agreed with previous speakers who said there would be a spillover effect that would bring business to D.B. Trisha Bowler, 20925 Running Branch Rd., thanked the Council and staff for making D.B. such a wonderful City in which to live. Residents need to educate themselves about this project because there is a lot of misinformation floating about. She hoped the City would endorse the NFL stadium project. Tricia Koury Stoops, 5500 Morella Ave., Los Angeles, spoke in support of the stadium. Porfy Castruita, 593 Charming Dale Rd., spoke in favor of the stadium. Robert and Madeline Denogean, 1012 N. Del Sol, supported the stadium project because they felt it would revitalize the Southern California area. Demi Nguyen, Diamond Bar resident, said she and her husband support the proposed stadium and complex and felt it would be good for local business. Daniel Roubian, 639 Aloa Ln., said he opposed the stadium project. MARCH 3, 2009 PAGE 6 CITY COUNCIL Richard Slawson, 1626 Beverly Blvd., Los Angeles 90026 Executive Secretary, LA and Orange County Building and Construction Trades Council and resident of Torrance, spoke about the revitalization of the area and jobs that would be made available during construction as well as post construction of the NFL stadium. Taylor Tait, Los Angeles Stadium Project, spoke about the positive aspects and support for the stadium project. Raul Galindo, 1252 Blenarm Dr., felt that this project would bring tremendous opportunities for law enforcement. Overflow patrons will bring more businesses to D.B. He urged the City Council to negotiate for the City's needs and wants so that the NFL could help accomplish those goals. Wayne Breitkreutz, 555 Golden Spur, Walnut, felt there was a lot of misinformation coming out of Majestic Realty and believed residents should rely more on their City Manager and his staff. Lydia Plunk, Deerfoot Dr., said she was in favor of the stadium project. Michael Landee, 23527 Grand Rim Ct, spoke in support of the stadium project. Richard Michael, 1347 Wesley, Walnut, spoke in opposition to the stadium project. Steve Swanson, 23966 Gold Nugget Ave., stated that he was opposed to the stadium project. Robert Beeman, 23624 Prospect Valley Dr., spoke in opposition to the NFL stadium project. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responding to the question asked regarding the zip code issue stated that D.B. has made numerous attempts via its congressional leaders to allow D.B. to be identified by either a single or multiple zip code districts. Coincidentally, members of the City will be in Washington D.C. to meet with Congressman Miller and Dreier's staff and will continue to pursue this matter to a resolution. CM/DeStefano stated that with respect to those who spoke about the NFL stadium project, D.B. has been monitoring this project since October 2007 and the only City to respond in mid -2008 when a variety of comments were sought by the City of Industry as it was developing an Environment Impact Report. D.B. provided exhaustive commentary to the City of MARCH 3, 2009 PAGE 7 CITY COUNCIL 5 m Industry during the past six months regarding D.B.'s concerns in areas where D.B. is seeking correction and improvements should the project move forward. All of the information has been placed on the City's website over the past year and more. A variety of D.B.'s comments have been reflected in local newspapers and other media outlets. The source for D.B.'s position and commentary on the project is on the City of D.B.'s web page and while there have been a variety of comments regarding the appropriateness or inappropriateness of the project, it is safe to say that D.B. believes there are serious negative impacts and therefore will continue to seek appropriate solutions for the benefit of the City, its residents and business operators. M/Everett said that whenever anyone contacts the City regarding this project they are directed to the City's website which is very comprehensive and timely and will continue to be proactive in that effort. He thanked the audience for the commentary and respect shown for other speakers. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — Tuesday, March 10, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.2 State of the City — Thursday, March 12, 2009 — Open House at 5:00 p.m., presentation from 6:30 p.m. to 7:30 p.m., Diamond Bar Center Ballroom, 1600 Grand Ave. 5.3 City Council Meeting — Tuesday, March 17, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. CONSENT CALENDAR: C/Tye moved, C/Herrera seconded, to approve the Consent Calendar as presented with the exception of Item 6.4 which was pulled by C/Tye. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS 6.1 CITY COUNCIL MINUTES: Chang, Tanaka, Tye, MPT/Herrera, M/Everett None None 6.1.1 Study Session Minutes of February 17, 2009 — Approved as submitted. 6.2.2 Regular Meeting of February 17, 2009 — Approved as submitted. MARCH 3, 2009 PAGE 8 CITY COUNCIL 6.2 RATIFIED CHECK REGISTER — Dated February 12, 2009 through February 25, 2009 totaling $904,510.77. 6.3 APPROVED TREASURER'S STATEMENT — Month of January 2009. 6.5 (a) ADOPTED RESOLUTION NO. 2009-08: APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 008-N, ADMINISTERING THE AGENCY -STATE AGREEMENT NO. 07- 5455R FOR UTILIZATION OF FEDERAL FUNDS IN THE AMOUNT OF $108,000 ON THE CHINO HILLS PARKWAY (NORTHERLY CITY LIMITS TO SOUTHERLY CITY LIMITS) AND CHINO AVENUE (FROM CHINO HILLS PARKWAY AND EASTERLY CITY LIMITS) REHABILITATION PROJECT. (b) AWARDED DESIGN SERVICES CONTRACT TO NORRIS- REPKE FOR CHINO HILLS PARKWAY AND CHINO AVENUE REHABILITATION PROJECT (TIP PROJECT ID NO. (LAOG042) IN THE AMOUNT OF $102,848; PLUS A CONTINGENCY AMOUNT OF $10,000 FOR A TOTAL AUTHORIZATION OF $112,848. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.4 ADOPT RESOLUTION NO. 2009-09: AUTHORIZING A $1000 REWARD FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF INDIVIDUAL(S) RESPONSIBLE FOR THE THEFT OF BENCHES FROM SYCAMORE CANYON TRAILHEAD. C/Tye thanked his colleagues for placing this matter on tonight's agenda. He reported that it isn't about the cost of the benches as much as it is about the memorials for Steve Tamaya and Bob Zirbes. He knows that someone is listening who knows who stole the benches. He believed that if the stolen benches were to appear on the steps of City Hall no questions would be asked and the reward would be returned to the City's coffers. C/Tye moved, C/Tanaka seconded, to Adopt Resolution No. 2009- 09: authorizing a $1000 reward for information leading to the arrest and conviction of individual(s) responsible for the theft of benches from Sycamore Canyon Trailhead. Motion carried by the following Roll Call vote: MARCH 3, 2009 PAGE 9 CITY COUNCIL AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: Chang, Tanaka, Tye, MPT/Herrera, M/Everett None None 8.1 ADOPT RESOLUTION NO. 2009-10: A JOINT RESOLUTION WITH THE CITY OF INDUSTRY SUPPORTING THE STATE ROUTE 57/STATE ROUTE 60 MIXED FLOW INTERCHANGE IMPROVEMENTS AS IDENTIFIED IN THE LOS ANGELES COUNTY METRO'S 2008 LONG-RANGE TRANSPORTATION PLAN AND IN THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS' 2008 REGIONAL TRANSPORTATION PLAN. PWD/Liu stated that guided by the City's General Plan and outlined in staff's Power Point presentation, the City has always been proactively involved in regional transportation efforts to solve and reduce traffic circulation impacts on the local community. D.B. has worked diligently with other agencies to include the Big Fix project in their respective plan documents which also identifies the resources that could be reasonably anticipated over the life of these plans. He explained that the multi -tiered congestion relief strategy is played out from Federal levels down to local levels; an example of which is the Four Corners Policy Group that has existed since 1990. In 2006 the Four Corners Transportation Coalition was born. Currently, its membership includes 12 public agencies including D.B. and the City of Industry. The coalition listed four significant projects which included the design and construction of the SR57/60 interchange solution. Concept A includes the westbound and eastbound 60 to the Grand Ave. bypass collectors which would eliminate the weaving. The metro widening relocates the SR57 as a parallel freeway outside of the 60 freeway and double decking relocates the SR57 above the 60 freeway. All three concepts share common components. Currently, the City of Industry is pursuing efforts to program and secure funding for a large component of Concept A. The first component of Concept A will result in improvements to the Grand Avenue Bridge, the on/off ramps at Grand Ave. and a dedicated bypass road from eastbound 60 to Grand Ave. Given what is at stake for D.B.'s future, the City's view is that we make every effort to ensure that decisions made by others work for and not against the interest of the City. In that spirit, staff recommends that the City Council support the joint resolution. PWD/Liu stated that the City of Industry anticipates adoption of an identical resolution at their March 12 City Council MARCH 3, 2009 PAGE 10 CITY COUNCIL meeting. MPT/Herrera thanked staff for a very comprehensive report and timeline outlined in the resolution. D.B. is severed by two major freeways — the SR57 and SR60. It is a fact of life that 350,000 cars pass through the interchange on a daily basis. There are major design flaws in the interchange and the fix is necessary. Federal dollars will be sought and needed because the SR60 is a goods movement corridor eastward. She, PWD/Liu and the City of Industry representatives hope to successfully point out that federal legislators need to allocate this project in the next transportation bill of 2010. There was no one present who wished to speak on this item. C/Herrera moved, C/Tanaka seconded, to Adopt Resolution No. 2009-10. 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 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye congratulated the Diamond Bar Community Foundation on the inaugural "Community Spotlight on the Arts" fundraiser that featured the DBHS and DRHS Symphony Orchestras and the Pacific Drum Crest and Bugle Corp. This fundraiser will benefit the three organizations in a time of major funding cuts for the arts in our schools. He concurred with the speaker who asked that tonight's meeting be adjourned in memory of former State Senator and Pomona Council Member Nell Soto. C/Chang stated that more than 250 individuals attended tonight's City Council meeting with about 53 who spoke about the NFL stadium project. Council has listened to all the speakers and understands their comments. During the past several months this subject has been discussed and Council has made its position clear that this body will make the best decisions for the residents by giving consideration to long-term benefits to the City. C/Chang reported that the City will build a mini park in the Washington St. and Lincoln Ave. areas. The City offers many recreation programs such as Bridge, Mahjongg and gardening for seniors; and, for teenagers, the Volunteen program. MARCH 3, 2009 PAGE 11 CITY COUNCIL C/Tanaka thanked the residents who spoke this evening. The Council wants to know the opinions of its residents and make certain that the Council and the City acts in everyone's best interests. A couple of weeks ago he and his wife took 20 DBHS students from the Leo Club to a youth symposium in Fresno. He attended the reception dinner meeting hosted by the California Contract Cities Association, the Independent Cities Association and the League of California Cities, LA County Division honoring Judy Mitchell as the League's new State President. He attended the Chamber Board meeting; the Alameda Corridor East Construction Authority celebration for the grade separation ribbon cutting; the Women's Club Federated Fashion Show; the St. Denis Pastors Leadership Awards dinner and the Miss Diamond Bar Pageant Fashion Show. The pageant will be held on Sunday, March 29 at 2:30 p.m. at the DBHS Theatre. He attended the D.B. Breakfast Lions Club "Drumming for Kids" Drum concert at the DBHS Theatre and thanked all who supported the fundraiser, the Lions Club and all of the Children's charities. He attended the Lanterman Development Center Awards Dinner; the DB 4 -Youth in Action meeting; a Business Watch meeting hosted by Deputy St. Amant and read to 3`d graders at Rancho's Elementary School for the "Read Across America" campaign. He also attended the Chino Hills Library ribbon cutting ceremonies. . MPT/Herrera thanked everyone who took the time and effort to show up tonight to give the Council their opinion on the stadium project. She agreed with a speaker that D.B. is a smart City. Council and staff are all very aware of the concerns and the different items that need to be mitigated. Rest assured that this Council is looking out for the City's and the residents' best interest. Council is represented by its City Manager and an outstanding team of attorneys and consultants. D.B. has one of the best City Managers in the region that is very astute and knowledgeable about this project and feels comfortable in stating that the mitigation will be favorable to the City. M/Everett thanked everyone for their participation and especially the creative ideas and thoughts. It has been a very busy week and by working together the City will do the best possible job for its residents; just like the nation will work through the very difficult economic challenges. The young women competing for Miss Diamond Bar are all outstanding and make a difference in the community. He asked for everyone's participation to support struggling schools. He congratulated Irene Wang on the occasion of her retirement. Mrs. Wang has served the community well for 13 years. He also congratulated La Petite Academy as Business of the Month. He invited everyone to attend the State of the City on Thursday, March 12 from 5:00 p.m. to 7:00 p.m. at the Diamond Bar Center, 1600 Grand Ave. At that time, residents will have an opportunity to meet staff members from every department and discuss their concerns. MARCH 3, 2009 PAGE 12 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Everett adjourned the regular City Council meeting at 9:35 p.m. in memory of former — State Senator Nell Soto. 0" TOMMY8 CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 17th day of March , 2009. 10" b RON EVERETT, MAYOR