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HomeMy WebLinkAbout8/3/2010 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 3, 2010 CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:33 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Ab Kastl, Associate Pastor, Diamond Canyon Christian 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 Deforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director, Linda Magnuson, Finance Director; Greg Gubman, Community Development Director; Ryan McLean, Asst. to the City Manager; Rick Yee, Senior Civil Engineer; Marsha Roa, Public Information Manager; Kimberly Molina, Associate Engineer; Anthony Santos, Management Analyst, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano announced that City staff, based on a number of inquiries regarding the City Manager, City Council and staff salaries, compensation and benefits has posted the information on the City's Website. It is unfortunate that Bell has engaged in such behavior as providing for uncommonly high salaries for City staff and for its elected officials. Today, staff submitted a press release to the media regarding the information and its availability on the City's Website. This information has always been available to the public at City Hall; however, it has been made more available on the City's Website through two easy links, and is highlighted on the front page of the City's Website. As a result, anyone interested in this public information can easily find it by going to the City's Website and clicking on the link on the right side of the home page or navigate through the Government portion to find detailed information on staff salaries and benefits, City Manager salary and benefits and City Council Member salaries and benefits. Staff will continue to respond to inquiries. It is extremely unfortunate that all City employees and Council Members have been cast in such an ugly light based on the behavior of a few. D.B. has always and will continue to be completely open and assessable with all government information on the City's Website at AUGUST 3, 2010 PAGE 2 CITY COUNCIL www.citvofdiamondbar.com 3. PUBLIC COMMENTS: John Martin, 1249 S. Diamond Bar Blvd., stated that at the July 20th Council meeting, 300 more signatures were submitted to the Council that were against the City's proposal regarding Site D. What was not said at that last meeting was that those 300 new signatures were gathered at the Albertson's Center in central D.B. and at the Von's Center in north D.B. When the first 300 signatures were turned in there was criticism against the group that all of the signatures were from residents that lived in the southern portion of D.B. He stated he personally gathered about 100 signatures in front of Albertson's in one day. This is a "hot button" issue and people are very interested in knowing what the City is proposing to do there; and, voicing their opposition to the proposal presented by the City. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano reiterated that the City Council continued the Site D matter to October 19, 2010 in order to permit the School District, the actual majority landowner and applicant for the land use proposal for the property, to conduct a community outreach program for the Site D development project. He said he was in touch with a recently employed consultant with the School District who was put in charge of that effort and does not, at this time, have details of what the process will be since the details have not yet been announced by the School District. However, it is his understanding that there are a few meetings that are being discussed for the middle to end of August and that those meetings will be widely advertised when the School District determines the appropriate dates and venue. The intent of the meetings is for the School District to meet with the public to gain input and most particularly, the immediate neighborhood's input, regarding the use of the acreage known as Site D. From that, the School District, staff and others will learn the desires of the neighborhood and the community for the property. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park — August 4, 2010 — 6:30 to 8:00 p.m., "Cold Duck" (70's Top 40) — Sycamore Canyon Park, 22930 Golden Springs Dr. 5.2 Movies Under the Stars — August 4, 2010 — "Cloudy with a Chance of Meatballs" — Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Dr. 5.3 Planning Commission Meeting —August 10, 2010 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. (Dark). AUGUST 3, 2010 PAGE 3 CITY COUNCIL 5.4 Concerts in the Park — August 11, 2010 — 6:30 to 8:00 p.m., "Sound Bytes" (Pop 60's — 90's) — Sycamore Canyon Park, 22930 Golden Springs Dr. 5.5 Movies under the Stars "Where the Wild Things Are" — August 11, 2010 —Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Dr. 5.6 Traffic and Transportation Commission Meeting — August 12, 2010 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.7 City Council Meeting — August 17, 2010 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Tanaka moved, MPT/Tye seconded, to approve the Consent Calendar with the exception of Item 6.1 which was pulled by C/Chang. 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 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of June 22, 2010. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of June 24, 2010. 6.4 RATIFIED CHECK REGISTER — Dated July 15, 2010 through July 28, 2010 totaling $616,585.27. 6.5 APPROVED TREASURER'S STATEMENT — Month of June 2010. 6.6 APPROVED NOTICE OF COMPLETION FOR LYCOMING STREET REHABILITATION PROJECT. 6.7 APPROVED AMENDMENT NO. 5-A TO CONTRACT WITH WEST COAST ARBORISTS FOR CITYWIDE TREE MAINTENANCE AND WATERING SERVICES FOR THE 2009/10 FY ADDING $6,130 TO THE AUTHORIZED AMOUNT OF $177,800 RESULTING IN A - TOTAL AMOUNT NOT -TO -EXCEED $183,930, 6.8 APPROVED PAYMENT OF CITY'S RETROSPECTIVE GENERAL LIABILITY INSURANCE DEPOSIT TO CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA) IN THE AMOUNT OF $60,522 AND APPROPRIATED NECESSARY FUNDS FROM AUGUST 3, 2010 PAGE 4 CITY COUNCIL GENERAL FUND RESERVES. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.1 APPROVE CITY COUNCIL MINUTES — Regular Meeting of July 20, 2010. C/Chang requested that Page 9, Paragraph 3 reflect her comments regarding agreeing with MPT/Tanaka's proposal not M/Herrera. M/Herrera concurred with the correction. C/Tanaka moved, C/Everett seconded to approve the Minutes as amended. 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 Due to the 7:00 p.m. schedule for Public Hearings, the City Council went on to Council Subcommittee Reports/Council Member Comments at 6:50 p.m. 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Everett thanked CM/DeStefano and staff for the timely posting of public information to the City's Website and the on-going high quality of support and service to the community. He encouraged everyone to join the City at Sycamore Park for the "National Night Out" tomorrow night recognizing, honoring and thanking our public safety officials. He apologized to Mr. Martin and any others who felt he said something derogatory about collecting signatures regarding Site D because it was not his intention. In the minutes he noted what he said in public comments in recognizing the City of Laverne for their recognition in Family Circle. He did so respectfully and honorably because in 2007 the City of D.B. was also recognized. He acknowledged a long time D.B. resident and business, Tai Kwon Do. Last week the papers had an article regarding Grandmaster Young In Cheon's commitment to the qualities taught through Tai Kwon Do. He hoped everyone was experiencing the City's concert nights on Wednesdays. Last week he had an opportunity to visit Jackson Hole, Wyoming and the Teton National Park. He also visited the Laurance S. Rockefeller preserve with over 1106 acres within the Grand Teton National Park on the southern end of Phelps Lake which is dedicated to green use. C/Tanaka said that tomorrow is "National Night Out" which will give residents a chance to thank the public safety personnel for their work in the City. During the past two weeks he has been busy attending Concerts AUGUST 3, 2010 PAGE 5 CITY COUNCIL in the Park and Movies under the Stars. Last Monday he attended the last community committee meeting for the LA County Fair - Diamond Bar Day slated for Thursday, September 16. The public can log in to the City's Website for discount coupons. He congratulated D.B.'s community hero's Mei Lien Chang, Adult Hero and Yolanda Gong, D.B.H.S. graduate and UCLA freshman, Youth Hero. Last Thursday he attended the Egyptian program at the Diamond Bar Library. He also asked staff for an update on the decision by LA County as to whether or not they will move the library to the new city hall building. C/Chang commended CM/DeStefano and the City's Public Information staff members for creating a fabulous Facebook and Twitter Page. She has received very positive and wonderful feedback about the information provided. She has her personal information posted on Facebook and Twitter as well. She encouraged everyone to attend Concerts in the Park and Movies under the Stars which are fabulous City events. She announced that this Thursday, August 5th she would be installed as the incoming treasurer for the LA Division, League of California Cities and asked everyone to attend the event in Azusa. M/Herrera congratulated C/Chang on her new position. MPT/Tye said he expected a cavalcade of individuals wanting to know about staff and Council salaries and was pleasantly surprised that no one had commented on the issue. The egregious behavior that took place in Bell, certainly does not reflect the residents of Bell who have been taken advantage of. He finds it difficult to refer to those city officials as professionals, which is the real difference with D.B. and other such communities. He appreciates everything staff does and appreciated the speed with which staff was able to put the information on the City's Website for view. D.B. gets the job done with a lean and mean staff as reflected by the residents' satisfaction by the services and appearance and the fact that the City is always open to correcting whatever needs to be corrected in order to make things better for our residents. It is reflective of D.B. that a 13 -year old emailed the Council stating that she was interested in a dog park and asked what she could do to help that become a possibility. It is very important that residents feel they can tell us what they would like to see and ask how they can help the process. Staff represents that same mindset and he appreciates everything staff does on behalf of D.B. residents. M/Herrera concurred with MPT/Tye's remarks and reiterated that all of the public information about staff and Council salaries is on the City's Website because this City believes in full disclosure and transparency. She thanked staff for their timely response in getting the information together and the easy access on the City's Website. AUGUST 3, 2010 . PAGE 6 CITY COUNCIL 7. PUBLIC HEARINGS: 7:02 p.m. 7.1 ADOPT RESOLUTION NO. 2010-28: CONFIRMING A COST REPORT FOR 783 BOWCREEK DRIVE (APN: 8281-043-065) AND ESTABLISHING A SPECIAL ASSESSMENT AND LIEN THEREON FOR THE CITY'S NUISANCE ABATEMENT AND RELATED COSTS. CDD/Gubman made a staff presentation outlining the abatement of public nuisances by code enforcement staff which is something that the City has rarely done in the past. He stated that the Municipal Code authorizes the Community Development Director to declare certain properties to be public nuisances. When a declaration of a public nuisance is made the City is able to bypass the administrative citation and criminal prosecution process, obtain an abatement warrant and swiftly eliminate the nuisance. This is not the appropriate course of action to take for all property maintenance violations; however, when a property becomes so egregiously derelict due to abandonment or gross neglect it is no longer fair to subject the neighbors to wait out the routine compliance process then abatement is a powerful tool. CDD/Gubman stated that the unoccupied property at 783 Bowcreek Dr. is an example of where a public nuisance declaration and - abatement was an appropriate invocation of this authority. CDD/Gubman showed photos of the residence pointing out the overgrown and dried vegetation which was not only extremely unsightly, but a potential health and safety hazard. The enforcement process began with a routine code enforcement patrol on November 11, 2009 and the issuance of a courtesy notice. After giving the property owners fair chance to remedy the problem and observing the property conditions deteriorating with absolutely no indication that things would improve, CDD/Gubman declared the property a public nuisance. At that point an abatement warrant was served. The City then hired a landscape contractor who submitted a competitive bid and cleared the overgrown conditions. Once the nuisance is abated, the City is authorized to seek fair compensation for the expenses incurred in performing the abatement. An effective method for cost recovery is to impose a special assessment on the property that becomes due with the property tax bill. The slide presentation included information about how the assessment of $2,593.75 was tallied. The purpose of tonight's hearing is to present the City Council with staff's accounting of the costs to the City excluding City prosecutor fees which are not recoverable; allow the property owners to be heard, and, for the City Council to then render its decision on whether or not to impose AUGUST 3, 2010 PAGE 7 CITY COUNCIL the assessment and, if so, to set the amount to be assessed. CDD/Gubman showed Council a photograph of the property as it appeared yesterday and while the property may not present a public nuisance at this moment in time, it is in violation of the Municipal Code's Property Maintenance Standards. It appears that the cycle is beginning again so the next step will be to file a criminal complaint. Staff recommends that the City Council adopt the Resolution to authorize the City to record a special assessment of $2,593.75. MPT/Tye asked if the City had heard from the property owner. CDD/Gubman responded that the only response the city received was the signed Return Receipt for a Notice to Abate. MPT/Tye asked what the process will be if staff has to again abate the nuisance? CDD/Gubman responded that in order to again abate the property, staff would go through the court procedure. Currently, the property is not a public nuisance, it is merely a property maintenance violation but the property shows clear indication that if left as is it will revert to being a public nuisance. Staff is moving forward in filing a criminal complaint which will include doing a more extensive effort to contact the property owners by going through DMV records and ultimately bringing this matter before a judge for a formal proceeding. MPT/Tye asked if at any time it would be the City's position to put this property on regular maintenance or wait until it gets to be a nuisance. CDD/Gubman stated that the City could do that. What staff wanted to do initially was to give the property owners the opportunity to address this issue and when they didn't, staff moved to take care of the issue. Staff has not been successful in persuading the owners to start taking care of their property so staff's next step, is to file a criminal complaint which might get the owners' attention because they will be facing misdemeanor charges and potentially, jail time. C/Everett asked CDD/Gubman to explain the reduction in fees from $2,968 to $2593. CDD/Gubman responded that it was simply a calculation error in the letter to the property owner. AUGUST 3, 2010 PAGE 8 CITY COUNCIL C/Everett believed that as he looked through the report there may have been some response from the owner because it does not appear that the City charged for the pool to be drained and treated. CDD/Gubman responded that staff notified the Health Department and Vector Control regarding the drained pool. The Health Department called the property owners in for an office conference on June 8. Sometime between June 8 and the date that the City performed the abatement, the pool was emptied and cleaned. So it appears that the property owners are able to receive attempts to contact them. M/Herrera opened the Public Hearing at 7:12 p.m. M/Herrera asked if the property owner of 783 Bowcreek Dr. was present. There was no response. With no response and no public testimony offered, M/Herrera closed the Public Hearing at 7:13 p.m. C/Chang moved, C/Tanaka seconded, to adopt Resolution No. 2010-28: Confirming a Cost Report for 783 Bowcreek Drive (APN: 8281-043-065) and Establishing a Special Assessment and Lien Thereon for the City's Nuisance Abatement and Related Costs. 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 8. COUNCIL CONSIDERATION: None ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council meeting at 7:14 p.m. in memory of Sgt. Carlos Ponce who passed away on August 2, 2010. —Jit"n, - 0", z TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 18th day of August 2010. �4w&VVAI— CAROL HERRERA, MAYOR