HomeMy WebLinkAbout12/1/2009 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 1, 2009
CALL TO ORDER: Mayor Everett called the Regular City Council
meeting to order at 6:34 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Eagle Scout Kenny True 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, Mayor Pro Tem Carol Herrera and Mayor Ron Everett.
Staff Present: James DeStefano, City Manager; Michael
Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community
Services Director; Linda Magnuson, Finance Director; Greg Gubman, Community
Development Director; Rick Yee, Senior Civil Engineer; Kimberly Molina,
Associate Engineer; Ryan McLean, Assistant to the City Manager; Marsha Roa,
Public Information Manager; Lauren Hildago, Public Information Specialist;
Patrick Gallegos, Management Analyst; Isaac Aziz, Network Systems
Administrator; and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA:
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
None
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
Post Election Procedures:
2.1 ADOPT RESOLUTION NO. 2009-42: Reciting the Fact of the
General Municipal Election Held on November 3, 2009, Declaring
the Results and Such Other Matters as Provided by Law.
CM/DeStefano gave a brief report regarding the recent Election and
asked that the City Council adopt Resolution No. 2009-42 certifying
the Results of the November 3, 2009 General Municipal Election.
MPT/Herrera moved, C/Chang seconded, to Adopt Resolution No.
2009-42. 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
DECEMBER 1, 2009 PAGE 2 CITY COUNCIL
3.
2.2 ADMINISTRATION
MEMBER- ELECT
STEVE TYE.
OF OATH OF OFFICE TO COUNCIL
LING -LING CHANG, RON EVERETT AND
C/Chang administered the Oath of Office to Ron Everett.
State Senator Bob Huff then administered the Oath of Office to
Steve Tye and Council Member -Elect Ling -Ling Chang individually.
2.3 PRESENTATION TO RETIRING COUNCIL MEMBER WEN
CHANG — Mayor Everett and the City Council presented a City Tile
to retiring Councilmember Wen Chang for his service to the City for
the past 12 years.
CITY COUNCIL REORGANIZATION:
3.1 SELECTION OF MAYOR
C/Tye nominated C/Herrera to serve as Mayor by acclamation.
C/Chang seconded the nomination. M/Everett declared C/Herrera
Mayor and passed the gavel.
3.2 SELECTION OF MAYOR PRO TEM
C/Chang nominated C/Tye to serve as Mayor Pro Tem by
acclamation. M/Herrera seconded the nomination and declared
C/Tye Mayor Pro Tem.
3.3 PRESENTATIONS TO OUTGOING MAYOR RON EVERETT
M/Herrera and the City Council presented C/Everett with a
ceremonial gavel.
RECESS: M/Herrera recessed the regular City Council Meeting to a reception
at 7:10 p.m.
RECONVENE: M/Herrera reconvened the Regular City Council meeting at
7:39 p.m.
3.3 PRESENTATIONS TO OUTGOING MAYOR RON EVERETT —
Continued.
Assistant Fire Chief Van Mark Madragal, Pat Fabio representing
Congressman Miller's office, Jody Roberto representing Senator
Huff and Lt. Joe Maxey, with LA County Sheriffs Department made
presentations to former Mayor Ron Everett.
DECEMBER 1, 2009 PAGE 3 CITY COUNCIL
4. PUBLIC COMMENTS:
Sue Peter, Director, Child Care, WVUSD, invited everyone to attend the
Holiday Programs on Thursday, December 17th at 10:00 a.m. at Glenwick
Elementary, 841 S. Glenwick Ave. in Walnut.
Brandon Wilson, lead in the South Pointe production of Willy Wonka,
announced that the play would be held Wednesday, Thursday and Friday
evenings, December 2, 3 and 4 at 7:00 p.m. at South Pointe Middle
School. Mrs. Wadsworth announced that there would also be 2:30 p.m.
shows on Wednesday and Thursday.
RESPONSE TO PUBLIC COMMENTS: None offered.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Candy Cane Craft Fair — December 5, 2009 - 10:00 a.m. to 4:00
p.m., Diamond Bar Center, 1600 Grand Ave.
5.2 Planning Commission Meeting — December 8, 2009 — 7:00 p.m.,
-- AQMD/Government Center Auditorium, 21865 Copley Dr.
5.3 Traffic and Transportation Commission Meeting — December 10,
2009 — 7:00 p.m., AQMD/Government Center Hearing Board
Room, 21865 Copley Dr.
5.4 Holiday Home Decorating Contest entry deadline 4:30 p.m., Friday,
December 11 at City Hall or online. Visit the City's website
www.citVofdiamondbar.com or call 839-7070 for more information.
5.5 City Council Meeting — December 15, 2009 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.6 Christmas Holiday — December 24 and 25, 2009 — City Offices will
be closed in observance of the Christmas Holiday. City Offices will
reopen Monday, December 28, 2009 at 7:30 a.m.
5.7 Holiday Tree Curbside Collection Program — December 26, 2009
through January 15, 2010. Trees free of decorations and flocking
may be left at the curb for free pickup during this period. Any tree
over six (6) ft. must be cut in half.
5.8 New Year's Holiday — January 1, 2010 — City Offices closed Friday,
January 1, 2010 in observance of the New Year's Holiday. City
Offices will reopen Monday, January 4, 2010 at 7:30 a.m.
DECEMBER 1, 2009 PAGE 4 CITY COUNCIL
6. CONSENT CALENDAR: MPT/Tye
approve the Consent Calendar as
following Roll Call:
moved, C/Tanaka seconded, to
presented. Motion carried by the
AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 CITY COUNCIL MINUTES - Regular Meeting of November 17,
2009 — Approved as submitted.
6.2 RECEIVED AND FILED PARKS AND RECREATION
COMMISSION MINUTES — Regular Meeting of October 22, 2009.
6.3 RATIFIED CHECK REGISTER — Dated November 12, 2009
through November 24, 2009 totaling $788,123.36.
6.4 APPROVED TREASURER'S STATEMENT — Month of October
2009 and Revised Treasurer's Statements of June, July, August
and September 2009.
6.5 SECOND READING OF ORDINANCE NO. 02(2009): AN
ORDINANCE AMENDING TITLE 8 BY ADDING CHAPTER 8.14
WATER CONSERVATION LANDSCAPING TO THE DIAMOND
BAR MUNICIPAL CODE.
6.6 APPROVED RECERTIFICATION APPLICATIONS FOR TREE
CITY USA (NINTH YEAR) AND TREE CITY USA GROWTH
AWARD (FIFTH YEAR) FOR 2009.
6.7 ADOPTED RESOLUTION NO. 2009-43: APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE
ENVIRONMENTAL AND ENHANCEMENT MITIGATION (EEM)
PROGRAM UNDER SECTION 164.56 OF THE STREETS AND
HIGHWAYS CODE FOR THE 2009-2010 DIAMOND BAR URBAN
REFORESTATION PROJECT ALONG STATE ROUTE 57/60
FREEWAY CORRIDOR.
6.8 a) AWARDED CONTRACT TO ITERIS INC. FOR
IMPLEMENTATION OF REAL TIME VIDEO CAPABILITY FOR
USE WITH THE TRAFFIC MANAGEMENT SYSTEM IN THE
AMOUNT OF $71,580.60.
DECEMBER 1, 2009 PAGE 5 CITY COUNCIL
b) APPROVED PURCHASE OF AN HP PROLIANT HIGH
PERFORMANCE SERVER FROM HEWLETT PACKAGE (HP)
FOR USE IN THE TRAFFIC MANAGEMENT SYSTEM AND
APPROPRIATED $1,200 IN PROPOSITION A FUNDS.
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 APPROVAL OF MODIFICATIONS FOR DIAMOND RIDE (DIAL -A -
CAB) PROGRAM.
PWD/Liu reported that on July 21st the City Council approved
several program modifications with the following changes taking
affect on October 1, 2009: 1) service continues to be available
seven (7) days a week; however, service hours were changed from
24 hours per day to a fixed schedule of 7:00 a.m. to 8:00 p.m.; 2) in
order to allow the cab company to better coordinate share ride
request, trips were changed from same day service to next day
service; and 3) to improve program efficiency, users were no longer
able to request specific drivers for their trips. Other questions and
suggestions have since been noted by staff. In order to proactively
address questions from the users, staff is recommending three fine
tuning measures for Council's consideration this evening: 1) allow
sanction participants to travel to medical facilities outside the
designated fixed hours of 7:00 a.m. to 8:00 p.m. At this time, the
only users known to staff are dialysis patients; 2) allow same day
trips to urgent care centers and doctor's appointments, and 3) allow
users same day trips to grocery stores within the City. Staff
remains committed to ensuring that this program continues to be a
reliable and affordable means of supplemental transportation for
seniors and disabled individuals. Staff recommends that the City
Council concur with staff to implement the three fine tuning
measures.
Dr. Ron Siegler, a disabled D.B. resident and regular program
participant, asked Council to approve the modifications because his
in-home treatment often requires same day doctor office visits.
Lorraine Siegler, 22839 Dry Creek Rd., a Diamond Ride user, has
had a couple of situations that concerned her including a three-hour
after -dark wait for service. She was concerned about her husband
being dropped off at the curb and having other unknown and non-
paying individuals in the cab with them because it takes them out of
their area. She is pleased and in favor of the recommendations.
DECEMBER 1, 2009 PAGE 6 CITY COUNCIL
Mrs. Siegler responded to MPT/Tye that the three hour wait was for
being picked up from her appointment and taken home.
Susan Scarborough, 3540 Crooked Creek Dr., showed Council a
form she devised to help her in-laws keep track of problems with
the service. She proposed that in addition to addressing the
problems the Council might consider adding incentives/driver
rewards to the program to recognize outstanding drivers. The local
Starbucks manager offered to kick off the reward program by
offering a gift bag to a driver. She asked her mother-in-law to
provide the name of a driver who had been particularly helpful and
she was hoping that the City Council might deliver it to the driver at
his workplace to publicly acknowledge good treatment of D.B.
seniors in front of his colleagues. She said she would be happy to
work with the Council to help make the program better for the City's
seniors.
Mrs. Scarborough responded to MPT/Tye that one of the drivers
was willing to push her father-in-law's wheelchair up the ramp to his
front door.
MPT/Tye acknowledged the comments as an example of good
service.
Al Rumpilla, 23958 Golden Springs Dr., addressing staff's
recommendations he recommends that the Council do away with
time limits altogether and reinstate 24/7 service. He felt urgent
doctor visits should be allowed without having to make
arrangements the day before the visit. He encouraged the Council
to keep the policy of calling the day before for regular medical
appointment to assure that the individual is able to meet the
scheduled appointment. However, the individual usually waits two
to three hours for the return trip. Individuals should also be allowed
to call for service at any time within the City of D.B. He asked
Council to reconsider the special requests to Cedar Sinai, UCLA
and Loma Linda. For whatever reason, Diamond Ride has, out of
necessity, become a primary mode of transportation for many D.B.
residents and asked Council to look at the program in that manner.
President Larry Slagle with Diversified Transportation/Paul's Yellow
Cab Co. stated that both he and Rudy Munoz have been working
diligently with staff to fine-tune the program. He felt that there has
to be an explanation for service that runs to two and three hours
wait because over 95% of the calls are picked up within 15 minutes.
There are circumstances where address numbers might be inverted
but the company computerizes the calls. Mr. Slagle said he would
be happy to work with staff to research the call to service times and
DECEMBER 1, 2009 PAGE 7 CITY COUNCIL
provide the information to the City Council. He stated that the
program is no longer a single -ride service and there will be some
shared rides in an effort to keep costs down. Diversified is adding
five more wheelchair vans as of the beginning of 2010 to its fleet.
Diversified also serves Pomona, San Dimas, Claremont, Walnut
and other cities and believes that with the computerized dispatch
system and Mapquest plotting as well as, ride -sharing that the
service is working toward a much better program. If there are
problems, Diversified will make an effort to resolve those problems
upon notification.
MPT/Tye asked Mr. Slagle if when talking about the 15 -minute
pickup time he was referring to picking up clients from their homes
or the return trips.
Mr. Slagle said he was talking about all trips. Since the new
program was implemented this month the time reports are not yet
ready but will be available in about 10 days. He did know that the
cost had decreased
about 15%. He felt that if service times were three hours that more
individuals would be reporting a problem and he felt that the
dramatic time delay involved a special circumstance and would like
time to investigate the matter. He apologized to the individuals who
suffered the inconvenience.
MPT/Tye said he was afraid that individuals who suffered those
kinds of delays would no longer feel open to using the program and
that is not the City's goal and certainly not Diversified's goal.
Mr. Slagle said there was no excuse for him hearing those kinds of
comments and he needed an opportunity to look into the matter.
Mr. Slagle said he had records going back about six months and
the system is being updated to track the course of the drivers so
that Diversified can monitor their courses and any deviations.
C/Tanaka asked if the drivers were allowed to leave their cabs.
Mr. Slagle responded affirmatively.
Mrs. Scarborough stated that the second party was not a second
fare but rather someone walking on the street the driver stopped to
pick up. In fact, the driver said to her mother-in-law that he picked
up this fare all of the time and for her not to worry because he knew
them. Mrs. Scarborough said that it was clear to her mother-in-law
that the person was a friend of the driver and that it was not a
business transaction. Rather than reporting such incidents seniors
give up and stop calling for service.
DECEMBER 1, 2009 PAGE 8 CITY COUNCIL
M/Herrera reminded the City Council that the changes were made
to the program because the cost of the program was escalating. In
addition, an investigation of the program by the Sheriffs
Department revealed rider abuses of the system so changes
needed to be made and Council is working to modify changes to
make the program better. M/Herrera said she did not believe the
program could return to its original format because it was very
detrimental to the City and its budget. Perhaps the City can get
closer to what the program used to be but it is a slow and deliberate
process and believed that incremental changes would benefit the
program and the riders.
PWD/Liu responded to concerns. In terms of the three-hour wait
and concerns about another passenger being picked up, both
examples are not acceptable to the City. Staff will work closely with
Diversified to determine the facts. He assured the speakers that
the City wants to make sure that there is no abuses by any drivers
or people who work for the company or who are under contract with
the City of D.B. He reiterated that the pickup window is 15 minutes
for all trips. The current contract stipulates that if riders wait more
than 40 minutes the ride is free.
With respect to Mr. Rumpilla's concerns PWD/Liu stated that the
City is very concerned about the budget and wants to provide a
program that benefits as many users as possible. At the same
time, the program was rendered more flexible for the average user
by expanding the medical boundaries which covers most of Mr.
Rumpilla's destination points. Beyond that, he is free to travel to
other destination points by paying the regular fare beyond the 20 -
mile radius. Trips to other destinations besides grocery stores in
D.B. are something the Council may want to consider in the future.
Staff certainly wants to encourage residents to shop in D.B. Staff
wants to maintain the 24-hour advance notice in order to allow the
cab company time to better plan routes and trips.
C/Everett said he appreciated all of staffs recommendations. He
accepts the idea of encouraging shopping in D.B. and suggested
that Item 3 be expanded to any legitimate business and expanded
hours to 9:00 or 10:00 p.m.
C/Tanaka reminded users to let staff and the cab company know
about any problems. This is a service that the City is providing for
the larger percentage of individuals eligible for the service - it is not
designed to be a primary mode of transportation.
MPT/Tye said he agreed with earlier comments made by
M/Herrera. The changes that were made were necessary to
DECEMBER 1, 2009 PAGE 9 CITY COUNCIL
squeeze out the abuses to make every dollar go as far as possible.
What he likes is that C/Everett stressed how everything was all
about communication and whether it was between the residents
and Council, or Council and staff and he appreciates seeing Mr.
Slagle sitting with Mrs. Scarborough to get the information about
what happened. MPT/Tye felt the modifications as recommended
would move the program back in the right direction. He asked staff
to explain why the hours should not be extended to 9:00 or 10:00
p.m. and said he was somewhat uncomfortable having participants
provide a signed letter but did not have a better method for
monitoring the program. He reiterated that he was not opposed to
trips to medical centers outside of the 20 -mile boundaries. He felt
the City needed to acknowledge that this program is the only
means that some have to travel outside of their home.
M/Herrera understood that providing documentation may place a
burden on users but the intent is to maintain integrity for the
program. One of the abuses was that a number of individuals who
were finding names of doctors across the street from a shopping
mall in a remote city and would say they had a doctor's
appointment when in fact they did not and would instead spend
their day at the mall. The City is attempting to maintain the integrity
of the program while serving the legitimate customers that truly
have a need for this service and not allow abusers to have easy
access to the program which drives up the costs.
C/Everett moved, C/Tanaka seconded, to approve the
modifications to the Diamond Ride program as recommended by
staff and to continue monitoring the program.
MPT/Tye asked C/Everett if it was his intent with respect to Item 3
to allow any shopping in D.B.
C/Everett responded not in his motion but he wanted to encourage
staff to study the best way to encourage shop D.B.
MPT/Tye then asked if C/Everett was recommending that staff
make its recommendation to City Council relative to the hours that
would cover.
C/Everett said he believed that was a reasonable assumption to
improving or broadening "shop D.B." and if it is not, he would
expect staff to address that issue as well.
C/Chang believed that it would take a lot of time to satisfactorily
tweak the program and sees a couple of changes that she believes
can be made to improve the program and ensure that everything
DECEMBER 1, 2009 PAGE 10 CITY COUNCIL
fits within the budget. As an example, perhaps the number of trips
to malls outside of the City limits could be reduced to potentially
allow for other enhancements such as the 24-hour service. She
believes this is a work in progress and tonight she will be voting yes
and expects that staff will monitor the program to ensure that it
does not become cost -prohibitive. It appears the current annual
expenditures will reach a total of about $480,000 of the $550,000
budget.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka,
MPT/Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
RECESS: M/Herrera recessed the regular City Council Meeting to the
Redevelopment Agency at 8:37 p.m.
RECONVENE: M/Herrera reconvened the regular City Council Meeting at
8:47 p.m.
M/Herrera thanked her husband for his constant support and patience with her
and her many activities through the years. She thanked her colleagues for voting
for her to serve as Mayor for a fourth term. She said she looked forward to an
outstanding 2010 of great accomplishment for D.B. She said she would pass her
list on to CM/DeStefano when appropriate. She said she looked forward to
working on economic development for D.B. A reserve of $32 million is
phenomenal in light of the current economic situation and what neighboring cities
are going through. D.B. has done a great job and
she wants to make the City even stronger. There are traffic mitigation measures
that need to be implemented — major investments in major arterials that slice up
the City and she looks forward to lobbying for dollars for those projects. These
regional concerns for the SR57/60 will require great effort by D.B. and
neighboring cities.
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER
COMMENTS:
C/Tanaka congratulated MP/Tye and C/Everett on their re-election to the
City Council and C/Chang for her election to the City Council. Last week
he attended the California Contract Cities Association dinner meeting in
Carson; the San Gabriel Council of Governments Transportation
Committee meeting with M/Herrera and PWD/Liu; the AYSO Region 31
Jeff Hull Memorial Soccer Tournament at Pantera Park; he and M/Herrera
DECEMBER 1, 2009 PAGE 11 CITY COUNCIL
attended the Eagle Scout ceremony for Kenny True, senior at D.B.H.S.
He thanked the students from D.B. from Mr. Zylstra's Civics class for
staying with the City Council this evening.
C/Everett thanked his wife Kay on the occasion of their 42"d Wedding
Anniversary November 22. She has been a great support and
encouragement to him. He congratulated M/Herrera who has been a
superior community servant for many years and thanked former Mayor
Tanaka for his support. He congratulated and thanked MPT/Tye for his
friendship and challenge and welcomed newly elected Council Member
Ling -Ling Chang. He thanked the residents who voted for his return to the
City Council. His concern continues to be communication,
communication, communication and challenged the residents at all levels
to take an interest and responsibility in their community and to hold the
Council accountable.
C/Chang thanked her colleagues for their warm welcome. She said she
looked forward to working with everyone and the City's fabulous staff
members whom she has had the privilege of working with while serving on
the Parks and Recreation Commission. She thanked the community for
their support and faith and she promised to do her part to make sure the
City continues on a path of excellence. She congratulated MPT/Tye and
former Mayor Everett upon their election to the City Council. Her door is
always open.
MPT/Tye thanked his colleagues for selecting him to serve as Mayor Pro
Tem for the next year. He thanked D.B for their support. Elections are a
great process — it is wonderful to get out and talk with people. It can be
exhausting and yet wonderfully affirming to have the support of the
residents. He congratulated Ling -Ling Chang on being elected to the
Council and M/Herrera on an unprecedented fourth term as Mayor of the
City. He also stated that history was made when never before was an
appointed Council Member to stand and be elected to the City Council -and
congratulated C/Everett. He congratulated Mathew and Amanda Tye on
their wedding on November 22.
M/Herrera thanked the residents of D.B. for voting for her colleagues
because they are outstanding community members and will be great to
work with and be a great team for the City. As is traditional, the Mayor
makes committee assignments and she has asked staff to provide the
forms to each Council Member for them to indicate their preference. She
asked that the Council Members return the forms to her within a week so
that the matter can be placed on the December 15 City Council meeting.
ADJOURNMENT: With no further business to conduct, M/Herrera
adjourned the Regular City Council meeting at 8:57 p.m.
DECEMBER 1, 2009 PAGE 12 CITY COUNCIL
TOMMY RIBBINS, CITY CLERK
The foregoing minutes are hereby approved this 15th day of December
2009.
6A,�-� V��
CAROL HERRERA, MAYOR
