HomeMy WebLinkAbout11/17/2009 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
NOVEMBER 17, 2009
CALL TO ORDER: Mayor Everett called the Regular City Council
meeting to order at 6:38 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Diamond Ranch High School ASB President
Sarah Jimenez, led the Pledge of Allegiance.
INVOCATION: None given.
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, Community
Development Director; Ryan McLean, Assistant to the City Manager; Marsha
Roa, Public Information Manager; Kimberly Molina, Associate Engineer; Anthony
Santos, 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 The City Council presented Certificates of Recognition to the ASB
students at Diam and Ranch High School who went above and
beyond ASB leadership by assisting staff in releasing students in
an orderly manner to their parents and, placing the school before
themselves by keeping students safe during the recent fires. Robin
Roca, ASB Advisor and Principal Principe were also introduced.
Assemblyman Curt Hagman's office also presented Certificates of
Recognition.
1.2 M/Everett spoke about the many accomplishments that C/Chang
has accomplished during his time on the City Council. C/Chang will
be retiring as of December 1St after 12 years of service to the City.
M/Everett then called up the following representatives who made
presentations to C/Chang: Pat Fabio, representing Congressman
Gary Miller presented a Certificate; Jody Roberto, representing
Senator Bob Huff presented a Certificate; Ronnie Guyer
representing Assemblyman Van Tran presented a Certificate; Ed
Graham, representing Assemblyman Curt Hagman presented a
Certificate; Dickie Simmons representing Supervisor Don Knabe,
presented a plaque; Peter Kim, Senior Assistant to Michelle Steel,
State Board of Equalization presented a Certificate; President Dr.
NOVEMBER 17, 2009 PAGE 2 CITY COUNCIL
Michael Ortiz, Cal Poly Pomona presented a Certificate with a
designation of Tuesday, November 17, 2009 as Wen P. Chang --
Day; Helen Hall, President, Walnut Unified School District Board of
Trustees presented a Certificate; President Dr. Philip Pumerantz,
Western University of Health Sciences; Roseanne Bader, Board of
Trustees Board Member, Mt. San Antonio College presented a
Certificate; Capt. Dave Halm, County of Los Angeles Sheriffs
Department presented a plaque; Assistant Fire Chief Van Mark
Madrigal, County of Los Angeles Fire Department presented a
Certificate; Charles Cable, Board Member, American Red Cross,
San Gabriel Pomona Valley Chapter, presented a Certificate and
gift; Mayor Mary Su, City of Walnut presented a Certificate; Mayor
Peter Rogers, City of Chino Hills presented a Certificate; Ted
Ebenkamp, Vice President, Allen Wo and Ling -Ling Chang, Walnut
Valley Water District presented a Tile; Yvonne Yen, Chairwoman -
Elect, and Heidi Gallegos, Executive Director, Regional Chamber of
Commerce — San Gabriel Valley presented a plaque; Joseph Hsu,
DB Chinese-American Association; Rick Rogers, Board Member,
DB Friends of the Library presented a plaque and announced
donation of several new DVD's in Mr. Chang's honor; Ron Clarke,
Executive Director, Pacific Crest Drum and Bugle Corps presented
drum sticks; Reyna Del Haro, Kaiser Permanente presented a
Certificate; Heidi Kwok, President, Sino -American CPA Association;
Maggie Yen, President, Global Federation of Chinese Business
Women Association presented a Plaque; Patsy Wilson, President,
Diamond Bar Seniors Club presented a Plaque and Scroll; Woo -
Shing Sheh, Advisor, DB Evergreen Senior Club presented a glass
statue to founder, Wen Chang; Jack Shah, representing Sunshine
Seniors Association presented a Plaque making Wen Chang an
honorary member; Mei-Lein Chang presented her husband,
Council Member Wen Chang with a floral bouquet and heartfelt
comments. She also presented floral arrangements to M/Everett,
MPT/Herrera, C/Tye and C/Tanaka as thanks for supporting
Council Member Chang during his 12 years of service.
MPT/Herrera, C/Tanaka, C/Tye and M/Everett spoke about the
many remembrances that they have working with C/Chang and the
numerous accomplishments that he has been a part of.
M/Everett then presented to C/Chang on behalf of the City Council
with a commemorative Crystal Paperweight with the following
inscription:
NOVEMBER 17, 2009 PAGE 3 CITY COUNCIL
Wen P. Chang
Mayor 1999, 2002 and 2005
Council Member 1997 to 2009
In recognition of your leadership, dedication and vision for the
prosperity of the City of Diamond Bar
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
Offered.
3. PUBLIC COMMENTS: None Offered.
4. RESPONSE TO PUBLIC COMMENTS: None
5. SCHEDULE OF FUTURE EVENTS:
5.1 Parks and Recreation Commission Meeting — November 19, 2009 —
7:00 p.m., AQMD/Government Center Hearing Board Room, 21865
Copley Dr.
5.2 Planning Commission Meeting — November 24, 2009 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.3 Thanksgiving Holiday — City Offices will be closed Thursday and
Friday, November 26 and 27, 2009 in observance of Thanksgiving.
City offices reopen Monday, November 30, 2009 at 7:30 a.m.
5.4 City Council Meeting — December 1, 2009 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR: C/Tye moved, C/Chang 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 November 3, 2009
— Approved as submitted.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES —
Regular Meeting of September 22, 2009-
6.3 RATIFIED CHECK REGISTER — Dated October 29, 2009 through
November 11, 2009 totaling $815,755.14.
NOVEMBER 17, 2009 PAGE 4 CITY COUNCIL
7
6.4 APPROVED TREASURER'S STATEMENT — Month of September
2009.
6.5 APPROVED NOTICE OF COMPLETION FOR SUNSET
CROSSING AND PROSPECTORS ROAD TRAFFIC CALMING
PROJECT.
6.6 APPROVED EXONERATION OF SURETY BOND NO.
TM505384616398501 POSTED BY BROOKFIELD DIAMOND BAR
VILLAGE LLC FOR TRACT 62482 (VANTAGE TOWNHOMES) TO
COMPLETE MANHOLE INSTALLATION FOR STORM DRAIN PD
1747.
6.7 a) AWARDED DESIGN SERVICES CONTRACT FOR
RESIDENTIAL AREA 6 ROAD MAINTENANCE (CAPE SEAL)
PROJECT TO AAE, INC. IN THE AMOUNT OF $39,502 AND
AUTHORIZED A CONTINGENCY AMOUNT OF $4,000 FOR
CHANGE ORDERS TO BE APPROVED BY
THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT
OF $43,502.
b) AWARDED CONSTRUCTION ADMINISTRATION
SERVICES CONTRACT FOR RESIDENTIAL AREA 6 ROAD
MAINTENANCE (CAPE SEAL) PROJECT TO ONWARD
ENGINEERING IN THE AMOUNT OF $39,990 AND AUTHORIZED
A CONTINGENCY AMOUNT OF $4,000 FOR CHANGE ORDERS
TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL
AUTHORIZATION AMOUNT OF $43,990.
PUBLIC HEARINGS:
7.1 FIRST READING OF ORDINANCE NO. OX (2009): AN
ORDINANCE AMENDING TITLE 8 BY ADDING CHAPTER 8.14,
"WATER CONSERVATION LANDSCAPING" TO THE DIAMOND
BAR MUNICIPAL CODE.
CDD/reported that the Ordinance was prepared in accordance with
AB 1881 aka The Water Conservation and Landscaping Act of
2006. AB 1881 mandates all local agencies to adopt a model water
efficiency landscape ordinance which was prepared by the
California Department of Water Resources; or, as an alternative to
adopting the model ordinance cities may adopt their own ordinance
that is at least as effective in conserving water as the model
ordinance. The legislation mandates that cities do so no later than
an effective date of January 1, 2010. Staff opted to prepare its own
ordinance because it found the State's model ordinance to be
overly broad and that it could pose undue burdens on D.B. Home-'
NOVEMBER 17, 2009 ` PAGE 5 CITY COUNCIL
owners. Water conservation landscape regulations are not new to
D.B. and the new ordinance is, in essence, an update to the current
landscape regulations that were adopted in 1998. Compliance with
the ordinance will be mandatory for new residential and non-
residential construction and major additions for existing landscapes
that are larger than one contiguous acre. The ordinance provides
criteria to help reduce water consumption on those properties. He
elaborated on the terms used in the ordinance. The water budget
is the amount of water allowed to be used to irrigate a landscaped
area which is calculated based on a formula that takes into account
local climate factors. This ordinance reduces the water budget for
a landscape project by 12'/x% below the current mandated
regulations, an approach similar to the energy efficiency
requirements in the California Building Code which periodically
mandates increasing energy efficiency benchmarks for new
construction. The term water wise plant is the same as a more
common term known as "drought tolerant". W ater wise is the
definition that classifies plants on their water consumption to help a
landscape architect group plants with similar water requirements
and to then require irrigation systems with different zones
appropriate to the different groupings. To keep within the
calculated water budgets, landscape plants will need to increase
the use of water wise plant material and reduce the use of turf. For
example, for commercial projects turf will need to be reduced to
nearly zero and for residential projects the use of turf and otherwise
non -water wise plant materials will be limited to 40% of the total
landscaped area. The draft ordinance is a simple document that
complies with the new State law. The ordinance will produce real
benefits by helping to reduce water consumption in the State and
result in long-term cost savings to property owners.
MPT/Herrera asked if staff would be removing turf in the City's
medians to comply with the new ordinance.
CDD/Gubman stated that the ordinance pertains to new or altered
landscape projects that are subject to discretionary review which
effectively exempts existing medians. However, should the City
conduct refurbishment projects in any of the existing medians it
would then be subject to the ordinance's requirements.
M/Everett opened the Public Hearing.
With no one present who wished to speak on this matter, M/Everett
closed the Public Hearing.
C/Chang emphasized that it is everyone's responsibility to conserve
water. This matter is not a concept and requires action and the City
NOVEMBER 17, 2009 PAGE 6 CITY COUNCIL
1
er
should call upon everyone to conserve water. Although too many
regulations are not always palatable, they are necessary and in his
opinion, this is a good ordinance.
C/Chang moved, C/Tanaka seconded, to approve for First Reading
by Title Only, and Waive Full Reading of Ordinance No. OX (2009).
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
COUNCIL CONSIDERATION: None
COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER
COMMENTS:
C/Chang thanked all who attended tonight's meeting to support his
retirement and honor his service on behalf of the City Council and the City
of Diamond Bar. He thanked the current and past City Council Members
and staff for their support as well. He also thanked all the residents for
their support through the years that he has spent on the City Council. He
has enjoyed serving D.B. and helping ensure a better quality of life for all
residents.
C/Tanaka reported on the many events he attended including: The City's
Veteran's Recognition ceremony; the Indian New Year's Celebration
dinner and program; the 6th, 7th and 8th grade dance hosted by the City;
DB 4 -Youth in Action and DBHS Leo Club; LED Christmas light exchange;
Diamond Bar Community Foundation Gala; Eagle Court of Honor for Brad
Pavey, Troop 755. He then announced that the DBHS Brahma
Foundation will hold its performing arts program dinner/fundraiser on
Friday, December 4 at Royal Vista Golf Course. Lastly, he recommended
that tonight's meeting be adjourned in honor of Council Member Chang.
C/Tye asked residents to remember how grateful the City is for C/Chang's
service to the community, how much the City appreciates his leadership
as mayor and the 12 years he has served on the Council and how much
the City appreciates C/Chang for being a role model to all of the residents
of D.B. and beyond. He thanked C/Chang for all he has done for D.B. and
wished him Godspeed in his future plans.
MPT/Herrera began by congratulating the winners of the recent election.
She said it was wonderful to see almost 200 people join tonight's City
Council meeting to thank C/Chang for his 12 years of service to the
community. She is personally grateful to him for his business advice when
NOVEMBER 17, 2009 PAGE 7 CITY COUNCIL
the Diamond Bar Center was built. The City talked about selling bonds
and C/Chang recommended that the City purchase a cap for the interest
rate which was something other Council Members had not considered.
That recommendation saved the City a great deal of money. She thanked
C/Chang for suggesting that the City negotiate with AQMD for a better
lease rate. She stated that C/Chang has made a number of contributions
over the years that has enhanced D.B. and thanked him for his service
and wished him well.
M/Everett thanked C/Chang for his service to D.B. and quoted from the
newspaper article about C/Chang and his early years. The City Council
joins with all who were present this evening in celebrating the service of
C/Chang to the City of D.B.
ADJOURNMENT: With no further business to conduct, M/Everett
adjourned the Regular City Council meeting at 8:45 p.m. in recognition of
the Thanksgiving Holiday and honor of retiring City Council Member Wen
P. Chang.
TOMMY CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this 1s_ day of December ,
2009.
MAYOR