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HomeMy WebLinkAbout12/21/2010 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION DECEMBER 21, 2010 STUDY SESSION: M/Tye called the Study Session to order at 5,47 p.m. in the Muliti-purpose room of the new City Hall building located at 21810 Copley Dr. Present: Council Members Ron Everett, Carol Herrera, Jack Tanaka, Mayor Pro Tern Ling -Ling Chang and Mayor Steve Tye. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Greg Gubman, Community Development Director; Ken Desforges, IS Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Raymond Tau, Building Official; Marsha Roa, Public Information Manager, and Tommye Cribbins, City Clerk. Also Present: Timothy McLarney, President, True North Research, and Margaret Todd, LA County Library. REPORT FROM CITY CONSULTANT REGARDING FUNDING MEASURE FOR FUTURE PARKS AND RECREATION CAPITAL IMPROVEMENTS — Discussion and Action - Tim McLarney, President, True North Research, reported on the results of the survey that had been done. He stated that there are two possible funding measures for future Parks and Recreation Capital Improvements: 1) A Parcel Tax (a special tax requiring a two-thirds majority vote under California law) and, 2) a Benefit Assessment (voted on by all residents including commercial tenants and residential renters requiring a 11 weighted" majority). He stated that the first phase of the phone survey was conducted earlier in the year and was designed to test support for a potential parcel tax or benefit assessment among the likely November 2010 voters and residential property owners with a margin of error of about five percent. The test included a $38 per parcel tax/assessment with a support level among the two groups of about 48 percent which is about two percent lower than would be required for passage of a benefit assessment and about 20 percent below what would be needed for a parcel tax. Based on the survey D.B. residents clearly value Parks and Recreation and therefore provides a possibility for a future Benefit Assessment. The survey also indicated that voters are price -sensitive with respect to the measure. However, when the rate proposed dropped support increased indicating an increased possibility of a Benefits Assessment at a lower rate. Following the phone survey, a mail survey was conducted among residential as well as commercial and property owners. 10,000 surveys were mailed with about 2200 being returned with a response rate of 23 percent which is very similar to the anticipated response for a mail out ballot. December 21, 2010 Page 2 STUDY SESSION M/Tye asked if an assessment by mail vote must pass by 50 percent plus one of registered voters who return the ballot. Responding to M/Tye, Mr. McLarney stated that if a mail out ballot system is used, the passage would require a "Yes" on 51 percent of the ballots returned. Mr. McLarney continued explaining that the bottom line of the survey tells him that "No" voters are much more likely to cast a return ballot. In conclusion, it is not likely that voters would approve a parcel tax. On a positive note, residents clearly value Parks and Recreation. There was strong support for the types of improvements being considered in the Parks Master Plan, and the measure clearly resonated in a positive way. However, there are a number of challenges such as the obvious challenges of a tough economy and political climate for tax measures. Some residents felt that the City was doing a great job with Parks and Recreation and did not see the need for expansion of the current levels. Although the survey revealed positive support, he did not feel confident that it would get the City to a level that would prove successful. It is very important to keep "timing" in mind as the City moves forward, In this period of political and economic turmoil these types of measures are more difficult to pass. However, as things improve, reception to a potential revenue measure to residents by way of a Benefit Assessment would be preferred. He further suggested that it might be helpful to keep communicating the City's vision of the Parks Master Plan through these times to help residents buy into the plan- Once they understand the plan they may be more receptive to possible funding measures. STATUS REPORT ON NEW CITY HALL AND PROPOSED LIBRARY — Discussion and Possible Action. ACM/Doyle updated the City Council on what staff has been working on for the proposed library space for several months and that for the most part the conceptual design is pretty well set. He stated that there will be some changes to the Friends of the Library Bookstore as well as, reworking of some of the staff work area. Supervisor Knabe has fundamentally agreed to fund the design costs. Discussion on January 1 1th is to provide the City with funding monies up front for design costs of about $333,000. This allows the City to be reimbursed for the current expended costs as well as, paying bills going forward without having to worry about reimbursement from the County. The operating agreement negotiations have begun and should move fairly quickly. The City has a skeleton agreement — a MOU between the City and the Library, with the meat of the agreement taking place in January. Staff hopes that when the library design is concluded the operating agreement will also be concluded so that the City can go to the Supervisor with the design and the operating agreement showing him what he will be buying for the $5 million December 21, 2010 Page 3 STUDY SESSION construction costs should he agree to proceed with the construction. The Supervisor wants assurance that he will not increase his operating costs on an ongoing basis other than is currently budgeted. M/Tye asked how the library would staff a building that is twice the size of the current facility with the same budget. Margaret Todd responded that the discussion is if the City can take over the utilities and maintenance of the building, the library believes it will have sufficient funding to add more personnel. At this time, the City is at about ninety-nine percent in terms of local revenue providing for the operating expenses and the library does not anticipate that will increase. There may be a time when there is a surplus and the City may decide it wants to use that surplus on maintenance of the library and that is acceptable. M/Tye asked if the library used volunteers outside of the Friends bookstore. Ms. Todd responded affirmatively. ACM/Doyle stated that negotiations were ongoing with the Friends. CM/DeStefano and ACM/Doyle took the City Council through a tour of the proposed city hall facility. Public Comments: None Offered. ADJOURNMENT: With no further business to discuss, M/Tye adjourned the Study Session at 6:25 p.m. Tommy6 Cribbins, City 'Clerk The foregoing minutes are hereby approved this isth dayof 2011. - I � hg�- /I 10 Steve'f,re,-Mayor' _V— MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 21, 2010 CLOSED SESSION: 5:00 p.m. — Multipurpose Room, 21810 Copley Drive, Diamond Bar, CA 91765 Public Comments on Closed Session Agenda — None ► Government Code Section 54956.8 Property Address: 21865 Copley Drive, Diamond Bar Agency Negotiator: City Manager Negotiating Party: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 Under Negotiation: Price and Terms of Payment STUDY SESSION: 5:46 p.m. —Multipurpose Room, 21810 Copley Drive, Diamond Bar, CA 91765 ► Report from City Consultants regarding Funding Measure for future Parks and Recreation Capital Improvements — Discussion and Action. ► Status Report on New City Hall and Proposed Library — Discussion and Possible Action. CALL TO ORDER: Mayor Tye 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. CA/Jenkins reported that during tonight's Closed Session there were no public comments and no reportable action was taken. The Closed Session was adjourned at 5:45 to the Study Session. CM/DeStefano reported that tonight's Study Session included a report from the City's Consultant regarding a possible funding measure for future Park and Recreation Capital Improvements. Council also received a quick overview of the status of the Library project and a tour of the second floor of the new City Hall. No reportable actions were taken on either item. PLEDGE OF ALLEGIANCE: County Library Manager, Jesse Lanz led the Pledge of Allegiance. DECEMBER 21, 2010 PAGE 2 CITY COUNCIL INVOCATION: Ahmad H. Sakr, PhD., Islamic Education Center gave the invocation. ROLL CALL: Council Members Ron Everett, Carol Herrera, Jack Tanaka, Mayor Pro Tem Ling Ling Chang and Mayor Steve Tye. 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; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Raymond Tao, Building Official; La uren Hidalgo, Public Information Specialist; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano announced that tonight's meeting will be Finance Director Linda Magnuson's last Council meeting. He stated that Linda has been with D.B. for 21 years and has earned her retirement. Staff held a send off for her today and all wish her the very best for providing the City of Diamond Bar the best of her life these past 21 years. Staff wishes Linda the very best with her future endeavors as she moves away from D.B. and into a happy and healthy retirement. 3. PUBLIC COMMENTS: Jesse Lanz, Diamond Bar Library Manager, spoke about past and future library events. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Christmas Holiday — December 23 and 24, 2010 — City Offices closed in observance of the Christmas Holiday; City Offices will reopen Monday December 27, 2010 at 7:30 a.m. DECEMBER 21, 2010 PAGE 3 CITY COUNCIL 5.2 Holiday Tree Curbside Collection Program — December 26, 2010 through January 15, 2011. Trees free of decorations and flocking may be left at the curb for free pickup during this period. Any tree in excess of six feet must be cut in half. 5.3 New Year's Holiday — December 31, 21010 — City Offices will be closed Friday, December 31, 2010 in observance of the New Year's Holiday. City offices will reopen Monday, January 3, 2011 at 7:30 a.m. 6. CONSENT CALENDAR: C/Herrera moved, C/Everett seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:None 6.1. CITY COUNCIL MINUTES -Regular Meeting of December 7, 2010 — - Approved as corrected. 6.2 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of September 9, 2010 — Received and Filed. 6.3 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of October 12, 2010— Received and filed. 6.2.2 Regular Meeting of October 26, 2010 — Received and filed. 6.4 RATIFIED CHECK REGISTER DATED December 2, 2010 THROUGH December 15, 2010, TOTALING $593,532.88. 6.5 SECOND READING OF ORDINANCE NO. 06 (2010): AN ORDINANCE AMENDING TITLE 15 OF THE DIAMOND BAR CODE ADOPTING, BY REFERENCE, THE "CALIFORNIA BUILDING CODE," 2010 EDITION, VOLUMES 1 AND 2, INCLUDING APPENDICES C, I, AND J THERETO, CHAPTER 1 DIVISION II OF THE 2010 CALIFORNIA BUILDING CODE AS THE ADMINISTRATIVE CODE, THE "CALIFORNIA MECHANICAL CODE," 2010 EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA PLUMBING CODE," 2010 EDITION AND THE J- APPENDICES THERETO, THE "CALIFORNIA ELECTRICAL CODE," 2010 EDITION AND THE APPENDICES THERETO, THE DECEMBER 21, 2010 PAGE 4 CITY COUNCIL "CALIFORNIA RESIDENTIAL CODE," 2010 EDITION, INCLUDING APPENDICES G, H, J, K AND O THERETO, THE "CALIFORNIA GREEN BUILDING CODE," 2010 EDITION WITHOUT THE APPENDICES THERETO, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS INCLUDING FEES AND PENALTIES. 6.6 APPROVED ADJOURNING THE DECEMBER 21, 2010 CITY COUNCIL MEETING TO JANUARY 18, 2011. 8. COUNCIL CONSIDERATION: 8.1 APPROVAL OF AMENDMENT NO. 3 TO THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE WALNUT VALLEY UNIFIED SCHOOL DISTRICT AND THE CITY OF DIAMOND BAR RELATED TO THE SITE D SPECIFIC PLAN. CDD/Gubman reported on the background of the Memorandum of Understanding (MOU) and its current state thus requiring the amendment. Proposed Amendment No. 3 changes the MOU to reflect the direction given by the City Council at its December 7, 2010 meeting to eliminate the commercial component and incorporate a public park and other open space elements into the Site D planning framework. In addition, minor refinements have been made to the language to clarify how the property would ultimately be disposed. Staff believes that these changes are in the best interest of the City and recommends that the Council approve the amendment as presented. There was no one present who wished to speak on this item. C/Herrera moved, C/Tanaka seconded, to approve Amendment No. 3 to the Memorandum of Understanding (MOU) between the Walnut Valley Unified School District and the City of Diamond Bar related to the Site D Specific Plan. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, Mf -Fye NOES: COUNCIL MEMBERS: MPT/Chang ABSENT: COUNCIL MEMBERS: None 8.2 APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL IMPACT SERVICES (EIS) IN THE AMOUNT OF $76,835 TO UPDATE THE ENVIRONMENTAL DECEMBER 21, 2010 PAGE 5 CITY COUNCIL IMPACT REPORT FOR THE SITE D SPECIFIC PLAN. CDD/Gubman stated that as a follow up to Council's direction and reflected in the MOU amendment, staff met with the EIR Consultant, Peter Lewendowski with Environmental Impact Sciences, to discuss the scope of work needed to update the Environmental Impact Report reflecting potential impacts to the revised land use framework. The attachment to staff's report includes the proposed scope of work and reflected budget for the amount estimated to update the Environment Impact Report of $69,850 plus a 10 percent contingency to account for unforeseen costs that may occur, for a total amount of $76,835. These monies would be appropriated from General Plan reserves and reimbursed to the City upon sale of the Site D property as set forth in the Memorandum of Understanding. Staff recommends City Council approve the Consulting Services Agreement with Environmental Impact Sciences as outlined. He pointed out that the environmental consultant was previously a subcontractor with the City's planning consultant who prepared the Specific Plan. At this point, staff intends to complete the Specific Plan revisions in-house to reduce — costs and take into account that the project has become substantially less complex with the elimination of the commercial element. There was no one present who wished to comment on this item. C/Herrera moved, C/Tanaka seconded, to approve Professional Services Agreement with Environmental Impact Services (EIS) in the amount of $76,835 to update the Environmental Impact Report (EIR) for the Site D Specific Plan. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, M/Tye NOES: COUNCIL MEMBERS: MPT/Chang ABSENT: COUNCIL MEMBERS: None 8.3 RATIFY CITY COUNCIL COMMITTEE APPOINTMENTS AND ADOPT RESOLUTION NO. 2010-42: CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS. C/Herrera moved, VC/Chang seconded, to ratify City Council Committee Appointments and adopt Resolution No. 2010-42: Confirming the appointment of specific representatives to the San DECEMBER 21, 2010 PAGE 6 CITY COUNCIL Gabriel Valley Council of Governments. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ORGANIZATION DELEGATE ALTERNATE California Contract Cities Association Tye Chang Foothill Transit Board Herrera Tanaka Four -Corners Transportation Policy Group Herrera Everett Greater L.A. County Vector Control District Tye Chang Joint Powers Insurance Authority Tye Tanaka L.A. County Sanitation District No. 21 Tye Tanaka L.A. County City Selection Committee Tye Chang League of CA Cities — L.A. County Division Chang Tanaka San Gabriel Valley Council of Governments Herrera Tye Southern California Assn of Governments (SCAG) Chang Everett Tres Hermanos Conservation Authority Herrera Everett Wildlife Corridor Conservation Authority (WCCA) Tanaka Everett Wildlife Corridor Conservation Authority Advisory Davis Mahlke STANDING COMMITTEES Economic Development Chang Everett Neighborhood Improvement Everett Chang Public Safety Committee Tye Chang AD HOC COMMITTEES City Council Goals/City Manager Evaluation Tye Chang Industry East Development Advisory Committee Chang Herrera Legislative Chang Everett Lighting/Landscape Assess Dist subcommittee Everett Chang Sphere of Influence/Annexation Tanaka Herrera LIAISON Chamber of Commerce Everett Chang Diamond Bar Community Foundation Chang Tanaka Library Tanaka Herrera PUSD/City Everett Herrera Senior Citizen Tanaka Everett WVUSD/City Tye Tanaka DECEMBER 21, 2010 PAGE 7 CITY COUNCIL 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 A CONTINUED PUBLIC HEARING TO CONSIDER VARIOUS ACTIONS PERTAINING TO SITE D (A SITE COMPRISED OF APPROXIMATELY 30.36 ACRES LOCATED AT THE SOUTHEAST CORNER OF BREA CANYON ROAD AND DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA (ASSESSOR PARCEL NUMBERS 87814-002-900, 8714-002-901, 8714-002-902, 8714-002-903 AND 8714-015-001) INCLUDING GENERAL PLAN AMENDMENT NO. 2007-03, ZONE CHANGE NO 2007-04, SPECIFIC PLAN NO. 2007-01 ("SITE D SPECIFIC PLAN"), TENTATIVE TRACT MAP NO. 70687, AND CONSIDERATION OF CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT 2007-02 (SCH NO. 2008021014). CDD/Gubman stated that as previously discussed this evening and in accordance with the City Council's direction, staff is working with the EIR consultant to update the environmental analysis to reflect the revised land use framework and staff has begun outlining the necessary revisions to the Specific Plan document. Staff anticipates that the updated planning and environmental documents will be ready for City Council's consideration between March and April of 2011. Staff recommends that the City Council reopen the public hearing, receive testimony and consider continuation of this matter to a date uncertain. Once staff is prepared to bring the matter back to the Council for a final decision, staff will prepare and complete a new notification. C/Herrera asked if it was not the City Attorney's opinion that the public hearing should be closed and then re -noticed once all the information has been gathered and brought back to the City Council. CA/Jenkins agreed with C/Herrera. M/Tye opened the Public Hearing. With no one present who wished to speak on this matter, M/Tye closed the Public Hearing. M/Tye asked that the notification sign be removed from Site D and again set up at the appropriate notification time. DECEMBER 21, 2010 PAGE 8 CITY COUNCIL 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka reported that he attended the PUSD meeting; joined the D.B. Volunteer Patrol for a reception/dinner and Christmas show at the Candlelight Pavilion. On December 11 and 18 the D.B. Leo Club helped the Diamond Bar Children's Librarian, Julie McCaslin with the Gingerbread House construction and Christmas Crafts; he attended Linda Magnuson's retirement luncheon and thanked her for her service. He also attended the D.B. Senior's Luncheon; and the Senior Citizen's dinner dance. He requested that tonight's meeting be adjourned in memory of his brother-in- law Bob Hulse whose wife Terry is a Special Ed teacher at South Point Middle School. He and his wife Wanda wished everyone a Merry Christmas and Happy New Year. C/Everett reported on his activities during the past two weeks including the seasonal and year end festivities such as the annual State of the County Luncheon, reception for the D.B. Volunteers, retirement luncheon for Linda Magnuson, the WVUSD Special Board Meeting during which Dr. Dean Conklin III was announced as its new Superintendent. He and his wife wished everyone a Merry Christmas and prosperous New Year. C/Herrera attended many of the meetings mentioned. She thanked Linda Magnuson and was sorry she missed her retirement lunch. D.B. will greatly miss Linda and C/Herrera wished her well in her future endeavors and a wonderful time with her grandbabies. She wished everyone Happy Holidays and hoped they would stay safe, and have a great New Year. She said she was sorry to report the passing of a 44 year resident of D.B., Frank Satullo who passed away on Sunday morning. She offered her condolences to Frank's daughters and to his wife, Mary Ann. C/Herrera asked that tonight's meeting also be adjourned in honor of Frank Satullo. MPT/Chang reiterated that residents can follow her on Twitter and Facebook. In addition to the events mentioned by her colleagues, she attended the San Gabriel Valley Energy -Wise Partnership luncheon. She and CM/DeStefano traveled to Vista to meet with Congressman Issa's District Director, Phil Polly to discuss the City's zip code issue. She attended the P. Michael Freeman Command and Control Facility dedication where Supervisors Antonovich and Knabe presented the facility's new signage. . Chief Freeman has been the fire chief for 21 years and served LA County for 47 years. She attended the Board of Equalization's Fourth District Jerome Horton's celebration. She wished everyone a Merry Christmas and Happy New Year and said she looked forward to a great 2011. DECEMBER 21, 2010 PAGE 9 CITY COUNCIL M/Tye congratulated Dr. Conklin for coming home and getting ready to lead the WVUSD into building on the Districts' past successes. Congratulations to Linda Magnuson who is too young to retire. He appreciates everyone's service to the City of D.B. and wished everyone a Very Merry Christmas and a Happy New Year. He asked everyone to keep Terry Hulse and Mary Ann Satullo in their thoughts and prayers in what should be a joyous time but will be a very difficult time for them. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the Regular City Council meeting at 7:15 p.m. in memory of Bob Hulse and Frank Satullo. TOMMY5 CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 18th day of January 2011. TU STEVE VE, MAYOR