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HomeMy WebLinkAbout01/18/2011 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 18, 2011 CLOSED SESSION: 6:00 p.m. — Room CC -8, South Coast Air Quality Management District, 21865 Copley Drive, Diamond Bar, CA 91765 Public Comments on Closed Session Agenda — None No. 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 CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:30 p.m. in The South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Dr., Diamond Bar, CA. ACA/Cotti reported that during tonight's Closed Session Council discussed the real property issue on the agenda. The Closed Session was adjourned at approximately 6:17 p.m. with no reportable action taken and no public comments offered. PLEDGE OF ALLEGIANCE: Gene Doss led the Pledge of Allegiance. INVOCATION: Ahmad H. Sakr, PhD., Islamic Education Center gave the invocation. ROLL CALL: Council Members, Ran Everett, Carol Herrera, Jack Tanaka, Mayor Pro Tern Ling -Ling Chang and Mayor Steve Tye. Staff Present: James DeStefano, City Manager; John C. Cotti, Assistant City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Greg Gubman, Community Development Director; Ryan McLean, Assistant. to City Manager; Rick Yee, Senior Civil Engineer; Anthony Santos, Management Analyst; Marsha Roa, PIO Manager; Lauren Hidalgo, Public Information Specialist; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1 . SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Tye presented a City Tile to retiring Planning Commissioner Kathleen Nolan. JANUARY 18, 2011 PAGE 2 CITY COUNCIL N 3 Ell 101 L1.1 BUSINESS OF THE MONTH: 1.2 C/Tanaka presented a City Tile to Utako Takemoto, Owner, Sushi Koyo, 868 North Diamond Bar Boulevard, as Business of the Month for January 2011. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano asked CSD/Bob Rose to give a report on the Winter Snowfest that was held this past Saturday, January 15th at Pantera Park. CSD/Rose reported that the annual Winter Snowfest had been held this past Saturday at Pantera Park from 10:00 a.m. to 4:00 p.m. The weather was beautiful and the snow held up through the 80 degree temperature. Ninety tons of snow provided four sledding hills in addition to the free play area. 12 non-profit organizations served food, 18 non-profit organizations ran game booths, 4 non-profit organizations ran craft booths, and 10 organizations provided entertainment. Further there were 300 volunteers assisting in the event and approximately 1400 paid participants. The City generated revenues of $7,225 which is about $2,000 more than had been anticipated. Since this event serves as a revenue -generating event for the non-profit organizations that participate, each will receive about $300. PUBLIC COMMENTS: None Offered. RESPONSE TO PUBLIC COMMENTS: None Offered. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — January 25, 2011 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.2 Parks and Recreation Commission Meeting — January 27, 2011 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.3 City Council Meeting — February 1, 2011 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. CONSENT CALENDAR: VC/Chang moved, C/Herrera 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 JANUARY 18, 2011 PAGE 3 CITY COUNCIL 6.1. CITY COUNCIL MINUTES 6.1.1 Study Session of December 21, 2010 — Approved as submitted. 6.1.2 Regular Meeting of December 21, 2010 — Approved as submitted. 6.2 RATIFICATION OF CHECK REGISTER — Dated December 16, 2010 through January 12, 2011 totaling $1,797,229.46. 6.3 TREASU RER'S STATEMENT — Month of November 2010. 6.4 ADOPTED RESOLUTION NO. 2011-01: ESTABLISHING AN APPROVED VENDOR LIST AS DEFINED IN ORDINANCE NO. 05(2006) TO BE IN EFFECT FROM FEBRUARY 1, 2011 UNTIL JANUARY 31, 2012. 6.5 AUTHORIZED THE CITY MANAGER TO CONTINUE CONSULTING SERVICES WITH INTELLIBRIDGE PARTNERS TO PROVIDE INTERIM DIRECTOR OF FINANCE SERVICES THROUGH JUNE 30, 2011 NOT TO EXCEED A TOTAL COST OF $70,000. 6.6 (a) APPROVED APPROPRIATION OF $50,000 OF UNALLOCATED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO THE CITY'S HOME IMPROVEMENT PROGRAM (HIP). (b) AUTHORIZED THE CITY MANAGER TO APPROVE AMENDMENT NO. 3 TO THE THREE YEAR PROFESSIONAL SERVICES AGREEMENT WITH SJC 3 CONSULTANTS IN THE AMOUNT OF $8,200 FOR A NOT -TO -EXCEED AMOUNT OF $60,700 TO ADMINISTER THE CITY'S HOME IMPROVEMENT PROGRAM (HIP). 6.7 APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR THE 2010-11 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATION PROJECT TO CJ CONSTRUCTION, INC. IN THE AMOUNT OF $62,000 AND AUTHORIZED A CONTINGENCY AMOUNT OF $15,000 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $77,000. JANUARY 18,2011 PAGE 4 CITY COUNCIL 6.8 ADOPTED RESOLUTION NO. 2011-02: EXTENDING FOR THREE YEARS THE 2004 CITYWIDE SPEED ZONE SURVEY RELATIVE TO STREETS FOUND TO HAVE NO SIGNIFIANT ROADWAY OR TRAFFIC CHANGED CONDITIONS AND ADOPTING THE 2010 SPEED ZONE SURVEY FOR STREETS SPECIFIED THEREIN; AND, APPROVED FOR FIRST READING BY TITLE ONLY, ORDINANCE NO. 01(2011) AMENDING SECTION 10.12.310 OF TITLE 10, CHAPTER 10.12 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO PRIMA FACIE SPEED LIMITS FOR CERTAIN CITY STREETS. 7. PUBLIC HEARINGS: None COUNCIL CONSIDERATION: 8.1 FIRST READING OF ORDINANCE NO. 02(2011) MODIFYING REGULATIONS PERTAINING TO DANGEROUS ANIMALS, ANIMAL LICENSING PROCEDURES, ABATEMENT OF BARKING DOGS AND OTHER NOISY ANIMAL NUISANCES, AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. ATCM/McLean reported that this item contains a series of revisions to the City's Animal Codes, many of which came from Los Angeles County Codes that were adopted when D.B. became a City. The amendments contained within the recommended action are aimed at improving service to residents and to improve the City's efficiency in maintaining the process for dealing with animals. The first proposed amendment eliminates the Dangerous Animals Appeals Board which is a County Review Board that would be convened to review any animal attacks or other similar incidents that occur in D.B. To ensure these incidents are reviewed locally, staff proposes to eliminate the Board and replace it with an investigation and decision process to be conducted by the City's animal control agency. Should the owner of the animal wish to appeal the decision it would then be appealed to the City Manager or his/her designee. The second proposed amendment would extend the licensing grace period from 15 to 45 days. The third proposed amendment defines the case review and appeals process with respect to barking dogs and provides animal control officers with a variety of options to address the issue depending on the severity. An animal owner found by the animal control agent to have a "nuisance" animal may appeal the decision to the City Manager or his/her designee. Other amendments include licensing standards and business license procedures that are appropriate to D.B. such as eliminating licensing exemptions for wild animals and reflects the City's authority over such matters. JANUARY 18,2011 PAGE 5 CITY COUNCIL C/Everett asked staff to address the "Barking Dogs" item on Page 2. ClEverett was concerned that the decision of the City Manager being final and that perhaps the City Council should ultimately be the one to make the final decision since it oversees the City's operations. ATCM/McLean stated that staff believes that the proposed option is the most efficient method; however if the City Council wishes to hear such matters it certainly has the option. ATCM/McLean further stated that staff's research revealed that many cities use a similar method wherein the animal control officer handles the investigation and initial decision and then if the owner of the animal wishes to appeal the decision then the City Manager or his/her designee makes the final decision. C/Everett said he was comfortable with the current staff but not knowing what is ahead he would not like to have personal interests intervene in such matters. He asked if it was, in fact, still appealable to the City Council based upon the wording as stated in the proposed amendment or would the City Council need to make a provision to render an appeal to its authority. ATCM/McLean stated that as written, the City Manager or his/her designee would be the final appeal. If the City Council wished to consider appeals the proposed code amendments would need to be adjusted accordingly. C/Herrera said that as a Council Member she would not want to be in the position of being a "hearing officer" if there were issues with residents especially in a case where the councilmember knows the resident or is friends with a resident and could be placed in a prejudicial situation. When tickets are issued staff implements the process and not the City Council. When there are appeals the City Council does not get in a position of hearing the appeals. The City Council is the policy making body and staff carries out the Council's policies as created. So she would be very uncomfortable with the City Council being the last court of appeal for this type of concern. MPT/Chang said she agreed with C/Everett that it seems daunting to have one person be the end all -be-all. She serves on a board that hears from people who have gone through seven years of appeal. M/Tye asked if that is what MPT/Chang would like to see in this instance. MPTIChang responded No. But at least it is an opportunity for JANUARY 18, 2011 PAGE 6 CITY COUNCIL people to present their case. She is not sure what the solution would be. C/Tanaka stated that he believed the Inland Valley Humane Society had a very good procedure in place for dealing with barking dogs, etc. Once the matter has gone all the way up through to the Director of the Inland Valley Humane Society, then in some cases it might come down to the City Manager making the decision. The City Manager should have sufficient information to make a final decision. He said he supported the resolution as presented. M/Tye said there was a process in place for processing complaints. For example, after two complaints, a process will begin that does not necessarily involve the City Manager and his/her designee. At some point a final decision will be made as to whether or not the City Manager or his/her designee becomes involved. He believes that at some point the decision needs to be final. There was no one present who wished to speak on this matter. C/Herrera moved, C[Tanaka seconded, to approve for First Reading by Title Only Ordinance No. 02(2011), Waive Full Reading and set the Second Reading for February 2011. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: Everett ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTSICOUNCIL MEMBER COMMENTS: C/Everett thanked Kathleen and Dan Nolan for their participation in the community and government and that they will be missed. He thanked the Takemoto family for having a business in D.B. for the past 28 years and the Friends of the Library volunteers. C/Everett stated that he and his colleagues attended the Friends of the Library event on Sunday January 16 where Cyclone Services had been acknowledged as the Business of the Year for their participation in the community and Bob Block was named the Volunteer of the Year. He talked about Jack Kyser, a local Economic advisor who passed away in December. JANUARY 18, 2011 PAGE 7 CITY COUNCIL C/Tanaka wished everyone a Happy New Year and reported that he and his wife joined the D.B. Seniors at Heritage Park for a wonderful New Year's Eve Dinner/Dance. He congratulated D.B.'s newest Eagle Scout, Ashton Schubel Troop 777 and thanked CSD/Rose and his staff for another wonderful Winter Snowfest. He wished D.B. resident Stella Hatsfield a Happy Birthday on the occasion of her 85 th birthday and asked staff to provide an update on the LA County Library relocation lease. C/Herrera congratulated Kathy Nolan on her great work on behalf of D.B. and was sad to see a good citizen and Planning Commissioner move on and that Kathy will be missed. C/Herrera thanked all staff members who participated in putting together a great Snowfest this year. She attended the Friends of the Library Volunteer Dinner. The Friends volunteers work very hard to raise money to support the library and they are very successful in doing so. The Friends of the Library Wine Soiree will be held on April 10 and she hoped that everyone would attend to assist with this big fundraiser. She hoped everyone enjoyed a wonderful holiday season and wished everyone a Happy New Year. MPT/Chang asked everyone to follow her on Facebook and Twitter regarding City activities. She and some of her colleagues attended the League of California Cities LA County Division meeting and City Selection meeting. Joel Kotkin was the very impressive speaker who spoke about the economy, politics and in general, demographic shifts in California. She attended a recent AQMD meeting and introduced herself. She congratulated Ashton Schubel on the occasion of reaching the rank of Eagle Scout. She, along with CM/DeStefano and M/Tye attended the Contract Cities Legislative orientation in Sacramento last week and met with members of the Assembly and Senate to get their input regarding the Governor's proposed budget. She also attended the Kyser memorial and thanked staff for the phenomenal Snowfest. She further reported that she also attended the Friends Volunteers event and was looking forward to the Wine Soiree on April 10 and hoped everyone would support the fundraising event. M/Tye commented that the Snowfest was terrific, Contract Cities was an opportunity to meet with legislators and help them understand what is important to contract cities. As a bonus, he and his colleagues were able to address the Caltrans representative to make her aware of the lack of quality of some of the state highways in this area. He announced that there is now a vacancy on the Planning Commission and it is sad to see Kathleen and Dan Nolan move away from D.B. but the City appreciates all of the volunteer hours they have given to the City. If anyone is interested in serving on the Planning Commission, please call 839-7000 for guidance in applying for the position. He thanked everyone for their attendance. JANUARY 18,2011 PAGE 8 CITY COUNCIL ADJOURNMENT: With no further business to conduct, MrFye adjourned the Regular City Council meeting at 7:20 p.m. TOMM 3INS, CITY CLERK The foregoing minutes are hereby approved this i st- day of February 2011. STEVE TYE-,-MAYOR r