HomeMy WebLinkAbout02/02/2010 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 2, 2010
CLOSED SESSION: 5:30 p.m., Room CC -8
Public Comments on Closed Session Agenda — None
100Government Code Section 54956.9 (b) Conference with Legal
Counsel Anticipated Litigation: Threat of action for Indemnification
for Contribution by the County of Los Angeles arising from
Baykeeper/NRDC v. County of Los Angeles, United States District
Court, Central District of California.
Case No. CV 08-1467 AHM
Government Code Section 54956.8
Property Address: 21810 Copley Drive
Diamond Bar, CA 91765
Agency Negotiator: City Manager
Negotiating Party: Behringer Harvard Western (Portfolio)
P.O. Box 190700
San Francisco, CA 94119-00700
Under Negotiation: Price and Terms of Payment
Closed Session Adjourned at 6:25 p.m. to the Regular City Council
Meeting.
CALL TO ORDER: Mayor Herrera called the Regular City Council
meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
CA/Jenkins reported that the Closed Session was called to order at 5:30 p.m.
There were no public comments offered on either of the two listed agenda items
and no items were added to the Closed Session.
The first item was a Matter of Anticipated Litigation — A threat of an action for
Indemnification for Contribution by the County of Los Angeles arising from a
- lawsuit entitled Baykeeper/NRDC v County of Los Angeles which is a case in
Federal District Court in which the NRDC and Baykeeper organization are
contending that there have been certain clean water violations at certain
sampling stations throughout the San Gabriel Valley that are operated by the
County of Los Angeles. The County of Los Angeles is taking the position that the
storm water runoff that goes into those sampling stations comes from a large
FEBRUARY 2, 2010 PAGE 2 CITY COUNCIL
number of cities and that those cities should be held equally responsible.
Therefore the County wants to be able to seek indemnification from those
agencies. The purpose of the Tolling Agreement is to toll the time by which
the County may file its actions for indemnification against the cities until after the
case has been litigated with the NRDC and Baykeeper. Following discussion the
City Council unanimously approved entering into the tolling agreement with the
County in order to avoid litigation with the County until such time as the
underlying litigation has been tried in court. The other item was a matter of real
estate negotiations with no reportable action being taken.
PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance.
INVOCATION: Monsignor James Loughnane, St. Denis
Catholic Church, gave the invocation.
ROLL CALL: Council Members Ling -Ling Chang, Ron
Everett, Jack Tanaka, Mayor Pro Tem Steve Tye and Mayor Carol Herrera.
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; Rick Yee, Senior Engineer; Kimberly Molina, Associate
Engineer; Anthony Santos, Management Analyst; Lauren Hildago, Public
Information Specialist; Grace Lee, Sr. Planner; and Tommye Cribbins, City
Clerk.
APPROVAL OF AGENDA: As Presented.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of a City Tile to Audrey Hamilton in recognition of her
service as the City's Representative to the Greater Los Angeles
County Vector Control Board - Continued to a future date.
1.2 CDD/Gubman introduced Sr. Planner Grace Lee, the City's newest
employee, who then said a few words about herself and thanked
Council and staff for a warm welcome.
BUSINESS OF THE MONTH:
1.3 MPT/Tye presented a City Tile to General Manager, Billy Mendez
and his staff, representing the Holiday Inn, 21725 E. Gateway
Center Dr. as Business of the Month for February 2010.
C/Tanaka invited the owners of the Holiday Inn to come down and
introduce themselves.
FEBRUARY 2, 2010 PAGE 3 CITY COUNCIL
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Mike Holmes, General Manager of Walnut Valley Water District
gave a power point presentation on future Water Rates and why
they will be going up. Mr. Holmes also introduced Board President
Ted Ebenkamp, First Vice President Scarlett Kwong and Board
Member Barbara Carrera.
MPT/Tye asked what was being done to let the Metropolitan Water
District know how dissatisfied the District is.
Mr. Holmes responded that MWD is an interesting and small group
with declining resources that has attempted to step into the next
phase and are caught between no -growth, slow -growth and major -
g rowth.
Mr. Holmes responding to C/Everett stated that the hearing is
scheduled for February 18th at 6:00 p.m. in the AQMD Auditorium.
M/Herrera thanked Mr. Holmes for speaking out about the
- misperception that since there has been a lot of rain there is no
longer a water shortage issue.
Mr. Holmes agreed that it is a conundrum for water people to
attempt to explain beautiful mountains filled with snow, a lot of rain,
and why they are still talking about drought and water supply
deficits. WVWD will continue to educate and push back against
MWD to maintain a stable rate structure.
C/Chang emphasized that board members have pushed back
against MWD as well as, Three Valley's Water District. WVWD is
truly fighting for the residents. She thanked the speaker and board
members for their work on behalf of the residents.
3. PUBLIC COMMENTS:
Peggy Ibarra, 3325 Temple Ave., Pomona, representing Post 19, LA
County Fire Explorers, talked about the organization and invited everyone
to attend the Pancake Breakfast at Fire Station 187 on February 20 from
9:00 a.m. to 1:00 p.m. She further stated that there will be a Car Show on
Saturday, March 6 at CalPoly Pomona. Those interested in participating
can call her at 951-966-5520 or contact Roland Dykes at Station 187.
Mina Ynzunza, P.O. Box 4085, The Windmill, spoke about the
publication's new look. The publication is sponsored by the Diamond Bar
Community Foundation.
FEBRUARY 2, 2010 PAGE 4 CITY COUNCIL
4. RESPONSE TO PUBLIC COMMENTS: None Offered.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting — February 9, 2010 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.2 Traffic and Transportation Commission Meeting — February 11,
2010 — 7:00 p.m., AQMD/Government Center Auditorium, 21865
Copley Dr.
5.3 Presidents' Holiday — February 15, 2010 — City Offices will be
closed in observance of the Presidents' Holiday. City Offices will
reopen Tuesday, February 16, 2010.
5.4 City Council Meeting — February 16, 2010 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.5 Joint Mayors' (Diamond Bar and Walnut) Prayer Breakfast —
February 19, 2010 — 7:15 a.m., Diamond Bar Golf Course, 22751
Golden Springs Dr,. sponsored by the Regional Chamber of
Commerce (909) 869-0701.
6. CONSENT CALENDAR: C/Chang moved, C/Tanaka seconded, to
approve the Consent Calendar as presented. Motion carried by the
following Roll Call:
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 January 19, 2010
— Approved as submitted.
6.2 RATIFIED CHECK REGISTER - Dated January 14, 2010 through
January 27, 2010 totaling $1,141,949.29.
6.3 APPROVED TREASURER'S STATEMENT — Month of December
2009.
FEBRUARY 2, 2010 PAGE 5 CITY COUNCIL
6.4 APPROVED SECOND READING BY TITLE ONLY, WAIVED FULL
READING AND ADOPTED ORDINANCE NO. 02(2010):
AMENDING ZONING REGULATIONS GOVERNING LIVE
ENTERTAINMENT AND DANCING IN BARS AND NIGHTCLUBS
AND OTHER PUBLIC ASSEMBLY VENUES IN THE CITY,
MAKING CONFORMING CHANGES TO TITLE 5 OF THE
MUNICIPAL CODE (BUSINESS LICENSING) AND AMENDING
THE DIAMOND BAR MUNICIPAL CODE.
6.5 APPROVED A MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF DIAMOND BAR AND THE CITY OF LOS
ANGELES JUSTICE ASSISTANCE GRANT (JAG) FY 2009
PROGRAM AWARD ($12,640).
6.6 ADOPTED RESOLUTION NO. 2002-20A: AMENDING
RESOLUTION NO. 2002-20 PROHIBITING THE PARKING OF
VEHICLES ON RESIDENTIAL STREETS DURING CERTAIN
HOURS AND DAYS FOR THE PURPOSE OF RESIDENTIAL
STREET SWEEPING TO INCLUDE STREETS IN THE
RECENTLY ANNEXED CRESTLINE ANNEXATION AREA.
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER
COMMENTS:
C/Everett reported on the Lighting and Landscape District Committee
meeting during which the committee reviewed the sensitivity of and
imminent concern regarding increased water rates. He thanked and
congratulated C/Chang on her recent marriage to Andrew Wong. He
attended the Friends of the Library's annual recognition and celebration
for its volunteers. He asked residents to attend and support the Friends of
the Library's 17th Annual Wine Soiree on April 11. C/Everett announced
that The Friends of the Library Basically Books used book store had
moved to a new location. He attended the semi-annual San Gabriel
Valley COG's Strategic Planning Workshop. He extended his sympathy to
Kathleen Nolan, Planning Commissioner who recently lost her mother,
Elleen Hart. He also spoke about Brandon Riley, a Diamond Bar High
School student who also passed away. Brandon was an individual who
encouraged and motivated the Diamond Bar High School Wrestling Team,
students and community.
C/Tanaka spoke about his attendance at the League of California Cities
Statewide Public Safety Committee meeting held in Sacramento; attended
Eagle Scout Court of Honor for Daniel Radtke; and DB 4 -Youth in Action
FEBRUARY 2, 2010 PAGE 6 CITY COUNCIL
meeting. He also attended the first committee meeting for the Diamond
Bar Day at the LA County Fair that will be held on Thursday, September -
16, 2010. He too congratulated C/Chang on her marriage.
C/Chang said that prior to her wedding she was in Sacramento with
M/Herrera and CM/DeStefano attending the new Mayors' and Council
Members' training. She also attended the Four Corners Transportation
and Economic Summit. She congratulated the Diamond Bar Community
Foundation for doing a fabulous job with The Windmill which has taken a
significant leap into the 21St Century with its four-color spread. C/Chang
stated that it is imperative that residents continue to conserve water and
that she is looking forward to working with WVWD to encourage residents
to conserve water and achieve lower rates.
MPT/Tye welcomed Grace Lee to the D.B. staff. He stated that the City
operates in a lean and, mean fashion and the City is pleased to have her
on board. He stated that he had participated in the Friends of the Library
Volunteer Recognition Banquet held at the Holiday Inn. The book store
was closed for 10 days in order to move the stock to the new location at
Diamond Bar Blvd. and Golden Springs Dr. Volunteers built shelves and
the County helped move the books in a terrific effort to get the job done.
He attended the San Gabriel Valley Council of Governments monthly
meeting during which a very good budget was presented which he
principally attributed to M/Herrera's leadership during her tenure as COG's
President.
M/Herrera said she too attended many events her colleagues spoke
about. She thanked both D.B. and Chino Hills' staff for helping put
together the Four Corners Coalition Transportation Summit. It was a
fabulous event with outstanding speakers. The intent of the Summit was
to demonstrate the importance of the Four Corners region where the four
counties of Los Angeles, Riverside, San Bernardino and Orange come
together to promote the economic importance and the importance of
transportation improvements in the area. More than 300 individuals
attended the event. She and C/Chang went to Sacramento where she
had an opportunity to visit with individuals from cities in northern and
southern California. She said she thanked God that she lived in D.B. and
that D.B. has the staff that it has and that the City is in an outstanding and
healthy fiscal condition. Some cities are in bankruptcy and some are so
desolate and desperate because they have no means to produce revenue
to pay for even bare essentials let alone what they would like to do for
their cities. D.B. is very fortunate due to the leadership of staff and the
City Council. Lastly, she was very sad to hear about the passing of
Planning Commissioner Kathleen Nolan's mother.
FEBRUARY 2, 2010 PAGE 7 CITY COUNCIL
ADJOURNMENT: With no further business to conduct, M/Herrera
adjourned the Regular City Council meeting at 7:40 p.m. in memory of Eileen
Hart, mother of Planning Commissioner Kathleen Nolan.
TOMMYff CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this 16th day of _FEahruary ,
2010.
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CAROL HERRERA, MAYOR