HomeMy WebLinkAbout06/21/2011 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
-- JUNE 21, 2011
CLOSED SESSION:
5:45 p.m., Room CC -8
Public Comment on Closed Session Agenda — None offered.
00Government Code Section 54956.8
Property Address:
Agency Negotiator:
Negotiating Party:
Under Negotiation:
21810 Copley Drive
Diamond Bar, CA
City Manager
Los Angeles County Library
Terms and Conditions
Closed Session adjourned at 6:30 p.m.
CALL TO ORDER: Mayor Tye called the Regular City Council
meeting to order at 6:32 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
CA/Jenkins reported that tonight's Closed Session began at 5:45 with no public
comments offered. The one item discussed is a matter of lease negotiations with
the County with respect to leasing a portion of the City's property at 21810
Copley Drive to L.A. County for the purpose of establishing a new County
Library. The City Council discussed terms and conditions of the lease and gave
direction to the City's negotiator regarding those lease terms. No reportable
decisions were made. The lease, when it is finally negotiated, will be brought to
the City Council in a public session for approval which staff anticipates will occur
at the Council's regular meeting on July 5.
PLEDGE OF ALLEGIANCE: Heidi Gallegos, Executive Director, Regional
Chamber of Commerce, led the Pledge of Allegiance.
INVOCATION: Pastor Paul Song, Diamond Canyon Christian
Church, 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; Bob Rose, Community
Services Director; David Liu, Public Works Director; Greg Gubman, Community
JUNE 21, 2011 PAGE 2 CITY COUNCIL
Development Director; Ryan McLean, Assistant to the City Manager; Kimberly
Young, Associate Engineer; Ken Desforges, IS Director; Grace Lee, Senior
Planner; Anthony Santos, Management Analyst; Patrick Gallegos, Management
Analyst; Lauren 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: None.
3. PUBLIC COMMENTS:
Dean Conklin, WVUSD Superintendent, thanked the City Council for their
work on behalf of the citizens and specifically thanked the Council for its
continued support of the STAR program.
Heidi Gallegos, Executive Director, Regional Chamber of Commerce,
introduced Elizabeth Barterian, Chamber Business Membership
Development Coordinator who will be working exclusively in D.B. Ms.
Gallegos reported that the Chamber has also hired Melanie Coward as an
"event coordinator" to focus on business networking. She invited the
Council to the Chamber's Annual Installation Dinner on Thursday, July 7
at Seasons Place, in the City of Industry.
Alan Wilson wanted to know what kind of business was interested in the
Diamond Bar Honda property, more information on Consent Calendar
Item 6.6 and wanted to know the results of the Parks survey that was
done around six months ago.
4. RESPONSE TO PUBLIC COMMENTS:
CM/DeStefano thanked Superintendent Conklin for his remarks. D.B. has
enjoyed a great relationship with the School District over the years and the
City Council has kept public safety a high priority. As M/Tye indicated, this
includes not only law enforcement issues but also the educational
component. In the adoption of its budget, the City Council for the 2011-12
Fiscal Year did not in any way modify the components of the public safety
portion of the budget. Unlike many contract and full service cities D.B. has
not had a need to make any changes to its service levels which in fact
have remained the same and in some cases increased slightly.
JUNE 21, 2011 PAGE 3 CITY COUNCIL
With respect to Mr. Wilson's comments, CM/DeStefano stated that with
respect to the Diamond Bar Honda site, there were a few businesses that
seemed rather inappropriate for that location including a rather benign
speculative office building, a public storage facility, and an apartment
building developer. Based on this, staff has concluded that a freeze on
development opportunity for that property was necessary to allow time to
work with the property owner to develop a land use plan that would be in
the best interest of all concerned.
With respect to Mr. Wilson's comments regarding the mini -park property,
CM/DeStefano stated that in the Longview/Summitridge neighborhood
there are three or so tiny mini -parks that encompass a lot or two of space.
In the case of Consent Calendar Item 6.6, that property was to have been
dedicated to the County of Los Angeles when the acreage was subdivided
prior to D.B. Incorporation in 1989. For reasons unknown to
CM/DeStefano, the paperwork to transfer the property to the County was
never completed. Recently, when D.B. elected to move forward to make
physical improvements to that park and another park in the same
neighborhood, staff realized that in order to utilize federal grant
opportunities and other potential funding sources the City needed to prove
ownership knowing full well that ownership did not lie with the City of D.B.
At that point staff began working with the owners who subdivided the
property and their predecessors and found that they are willing to work
with the City to "gift" the property some 20 years after the fact. The City
has been maintaining the property during this time without question and
without hesitation. However, when it becomes a matter of physically
changing or upgrading the park those changes require ownership
approval. Bottom line is that the City Attorney has been working with the
owners of this and one other park in the same neighborhood to complete
the transaction of the properties being legally "gifted" to the City.
With respect to Mr. Wilson's question regarding the results of a survey he
is not sure about the survey the speaker referenced. About six months
ago the City had a consultant do some survey work in the community
regarding the possibility of going out with some sort of community
assessment or modification to the Lighting and Landscape Assessment
Districts in order to generate some additional funds to either support the
LLAD's or supplement the General Fund monies for ongoing maintenance.
More importantly, the survey was seeking to determine whether there was
voter interest in creating a Parks and Recreation District or Community
Facilities District which would be utilized to facilitate the capital needs of
the new Parks Master Plan. The Parks Master Plan will come to the City
Council the end of July for consideration and staff knew that the plan
JUNE 21, 2011 PAGE 4 CITY COUNCIL
would have a long list of capital needs moving forward so staff looked at —
the possibility of voter interest in supporting an assessment to pay for
those capital needs and services. The survey resulted in a less than
favorable result from the voters who indicated that the time was not right
for any sort of an increase and those ideas were basically dropped. All of
these issues have been discussed in public meetings through the hiring of
the consultant as well as, through Council Study Sessions, etc. The
documents have always been available for public review and they are
available today. Staff is happy to provide those results to anyone seeking
that information.
M/Tye said that the Diamond Bar Honda property has been vacant for
three or four years and it is far more important for the City and its tax
revenue to get it right than to do it quickly.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Parks and Recreation Commission Meeting — June 23, 2011 — 7:00
p.m., SCAQMD/Government Center Hearing Board Room, 21865
Copley Drive (Canceled).
5.2
5.3 Planning Commission Meeting — June 28, 2011 — 7:00 p.m.,
SCAQMD/Government Center Auditorium, 21865 Copley Drive.
5.4 4th of July Holiday — Monday, July 4, 2011 — City Offices will be
closed in observance of 4th of July. Offices reopen Tuesday, July 5,
2011 at 7:30 a.m.
5.5 4th of July Blast — July 4, 2011 — 5:00 p.m., Diamond Bar High
School, 21400 Pathfinder Road. Fireworks begin at 9:00 p.m.
5.6 City Council Meeting — July 5, 2011 — 6:30 p.m.,
SCAQMD/Government Center Auditorium, 21865 Copley Drive.
5.7 Concerts in the Park — July 6, 2011 — 6:30 to 8:00 p.m., Ravelers
(Classic Rock) — Sycamore Canyon Park, 22930 Golden Springs
Drive.
5.8 Movies Under the Stars — July 6, 2011 — How to Train Your Dragon
— Immediately following Concerts in the Park, Sycamore Canyon
Park, 22930 Golden Springs Drive.
JUNE 21, 2011 PAGE 5 CITY COUNCIL
5.9 Planning Commission Meeting — July 12, 2011 — 7:00 p.m.,
SCAQMD/Government Center Auditorium, 21865 Copley Drive.
5.10 Concerts in the Park — July 13, 2011 — 6:30 to 8:00 p.m. Bumptown
(Latin) — Sycamore Canyon Park, 22930 Golden Springs Drive.
5.11 Movies Under the Stars — July 13, 2011 Despicable Me —
Immediately following Concerts in the Park, Sycamore Canyon
Park, 22930 Golden Springs Drive.
5.12 Traffic and Transportation Commission Meeting — July 14, 2011 —
7:00 p.m., SCAQMD/Government Center Hearing Board Room,
21865 Copley Drive.
5.13 City Council Meeting — July 19, 2011 — 6:30 p.m.,
SCAQMD/Government Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: C/Herrera moved, C/Tanaka seconded, to
approve the Consent Calendar as presented. Motion carried by the
following Roll Call:
6.1
6.2
6.3
AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka,
MPT/Chang, M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
CITY COUNCIL MINUTES - Regular Meeting of June 7, 2011 —
Approved as submitted.
RECEIVED AND FILED PARKS AND RECREATION
COMMISSION MINUTES:
(a) Study Session of April 14, 2011
(b) Regular Meeting of April 28, 2011
RATIFIED CHECK REGISTER — Dated June 2, 2011 through June
15, 2011 totaling $454,121.13.
6.4 AUTHORIZED CITY MANAGER TO PURCHASE HEWLETT-
PACKARD SERVERS, CISCO NETWORKING EQUIPMENT AND
ADDITIONAL HARDWARE FROM CDWG, THROUGHOUT FY
2011-12 IN AN AMOUNT NOT -TO -EXCEED $260,000.
JUNE 21, 2011 PAGE 6 CITY COUNCIL
6.5 APPROVED A CONTRACT WITH THE COMDYN GROUP, INC.
FOR AS -NEEDED INFORMATION TECHNOLOGY SERVICES IN
AN AMOUNT NOT -TO -EXCEED $35,500 FOR FISCAL YEAR
2011-12.
6.6 ADOPTED RESOLUTION NO. 2011-27; ACCEPTING THE
QUITCLAIM DEED FROM RYLAND HOMES OF CALIFORNIA,
INC. OF ITS INTEREST IN THE PROPERTY LOCATED IN THE
LONGVIEW SOUTH MINI -PARK.
6.7 a) APPROVED AMENDMENT NO. 3 TO THE AGREEMENT
WITH AND 1 OFFICIALS TO EXTEND THE CONTRACT PERIOD
TO JULY1, 2011 THROUGH June 30, 2012 IN AN AMOUNT NOT -
TO -EXCEED $35,000.
b) APPROVED AN AGREEMENT NOT -TO -EXCEED $55,000
WITH THE CALIFORNIA CONSERVATION CORP (CCC) FOR
AS -NEEDED TRAIL REPAIRS, BRUSH CLEARANCE AND
MINOR MAINTENANCE IN PARKS AND OPEN SPACE FOR THE
2011-12 FISCAL YEAR, AND AUTHORIZED THE CITY
MANAGER TO EXECUTE THE AGREEMENT.
c) APPROVED CONTRACT EXTENSION WITH EXCEL
LANDSCAPE FOR LANDSCAPE MAINTENANCE SERVICES AT
LIGHTING AND LANDSCAPE MAINTENANCE DISTRICTS NOS.
38, 39 AND 41 FOR THE 2011-12 AND 2012-13 FISCAL YEARS
IN THE ANNUAL AMOUNT OF $329,675; PLUS A
CONTINGENCY AMOUNT EACH YEAR NOT -TO -EXCEED
$27,000 FOR AS -NEEDED WORK, FOR A TOTAL ANNUAL
AUTHORIZATION OF $356,675.
d) APPROVED AMENDMENT NO. 1 TO THE AGREMEENT
WITH ACCESS CONTROL SECURITY TO EXTEND THE
CONTRACT PERIOD TO JULY 1, 2011 THROUGH JUNE 30,
2012 IN AN AMOUNT NOT -TO -EXCEED $30,000.
e) APPROVED AMENDMENT NO. 3 TO THE AGREEMENT
WITH TENNIS ANYONE TO EXTEND THE CONTRACT PERIOD
TO JULY 1, 2011 THROUGH JUNE 20, 2012 IN THE AMOUNT OF
$70,000.
JUNE 21, 2011 PAGE 7 CITY COUNCIL
0 APPROVED AUTHORIZATION TO EXCEED THE CITY
MANAGER'S PURCHASING AUTHORITY OF $25,000 TO
EXTEND VENDOR SERVICES FOR SENIOR AND ADULT
EXCURSIONS PROVIDED BY INLAND EMPIRE STAGES
LIMITED, IN AN AMOUNT NOT -TO -EXCEED $70,000 FOR
FISCAL YEAR 2011-12.
g) APPROVED EXTENSION OF CONTRACT WITH
VALLEYCREST LANDSCAPE MAINTENANCE FOR THE TERM
OF JULY 1, 2011 THROUGH JUNE 30, 2013 TO PROVIDE
LANDSCAPE MAINTENANCE SERVICES AT NINE (9) CITY
PARKS, GROUNDS OF THE DIAMOND BAR CENTER,
FOOTBALL FIELD AND SLOPE AT LORBEER MIDDLE SCHOOL,
AND THE TRAILITRAIL HEAD AT SYCAMORE CANYON PARK,
IN THE AMOUNT OF $362,995 EACH FISCAL YEAR AND AS
NEEDED WORK IN THE AMOUNT OF $25,000 EACH FISCAL
YEAR, FOR A TOTAL AUTHORIZATION NOT -TO -EXCEED
$387,995 ANNUALLY.
h) APPROVED AMENDMENT NO, 6-A TO THE CONTRACT
WITH WEST COAST ARBORISTS FOR CITYWIDE TREE
MAINTENANCE AND WATERING SERVICES FOR FISCAL YEAR
2010-11 ADDING $12,000 TO THE AUTHORIZED AMOUNT OF
$177,800 RESULTING IN A TOTAL NOT -TO -EXCEED AMOUNT
OF $189,800.
i) APPROVED EXTENSION OF VENDOR SERVICES
CONTRACT WITH D.H. MAINTENANCE SERVICES FOR THE
TERM OF JULY 1, 2011 THROUGH JUNE 30, 2014 TO PROVIDE
JANITORIAL AND BUILDING MAINTENANCE SERVICES AT THE
DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY
CENTER AND PANTERA PARK ACTIVITY ROOM IN THE
AMOUNT OF $155,832 EACH FISCAL YEAR AND AS -NEEDED
WORK IN THE AMOUNT OF $35,000 EACH FISCAL YEAR FOR
A TOTAL AUTHORIZATION NOT -TO -EXCEED $190,832
ANNUALLY.
6.8 a) AUTHORIZED THE CITY MANAGER TO APPROVE
AMENDMENT NO. 4 TO THE THREE-YEAR PROFESSIONAL
SERVICES AGREEMENT WITH SJC3 CONSULTANTS IN THE
AMOUNT OF $30,000 FOR A NOT -TO -EXCEED AMOUNT OF
$90,700 TO ADMINISTER THE CITY'S HOME IMPROVEMENT
PROGRAM (HIP).
JUNE 21, 2011 PAGE 8 CITY COUNCIL
b) APPROVED AMENDMENT NO. 1 ($23,566) TO THE
THREE-YEAR CONTRACT WITH DIANA CHO AND
ASSOCIATES FOR CDBG CONTRACT ADMINISTRATION
SERVICES FOR A NOT -TO -EXCEED AMOUNT OF $48,566.
c) APPROVED CONTRACT WITH HEERY INTERNATIONAL,
INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR
THE CONSTRUCTION OF CITY HALL AND THE LOS ANGELES
COUNTY PUBLIC LIBRARY FOR AN AMOUNT NOT -TO -EXCEED
$426,351, AND AUTHORIZED A 5% CONTINGENCY ($21,500)
FOR ADDITIONAL AS -NEEDED SERVICES.
6.9 APPROVED EXTENSION OF CITYWIDE GRAFFITI REMOVAL
CONTRACT WITH GRAFFITI CONTROL SYSTEMS FOR FISCAL
YEAR 2011-12 IN AN AMOUNT NOT -TO -EXCEED $59,280.
7. PUBLIC HEARINGS:
7.1 ADOPT RESOLUTION NO. 2011-28: APPROVING TENTATIVE
PARCEL MAP NO. 71362 FOR SUBDIVISION OF AN EXISTING
VACANT 3.07 ACRE LOT INTO TWO LOTS FOR THE
DEVELOPMENT OF A SINGLE-FAMILY RESIDENCE ON EACH
LOT LOCATED AT 2127 DERRINGER LANE (APN 8713-034-030).
SP/Lee presented staff's report requesting adoption of a resolution
to approve a Tentative Parcel Map for subdivision of an existing
vacant 3.07 acre lot into two lots to facilitate the future development
of a single family residence on each lot on property located on the
west side of Derringer Lane between Lodge Pole Road and Indian
Creek Road at 2127 Derringer Lane within "The Country Estates".
The property is zoned Rural Residential (RR) with a consistent
underlying General Plan Land Use Designation of Rural
Residential. The property is surrounded by single family homes to
the north and east, a vacant lot which is approved for the
development of a single family home to the south and open space
to the west. The existing lot is 3.07 acres and the site has minimal
vegetation with no protected trees. According to the City's
Municipal Code, all subdivision applications are to be reviewed for
approval by the City Council. On May 24, the Planning
Commission, in its advisory role to the City Council, recommended
approval of the Tentative Parcel Map. The upper Lot (Parcel 1) is
proposed to be 1.6 acres and the lower Lot (Parcel 2) is proposed
to be 1.39 acres. The proposed new lots fall within the average
JUNE 21, 2011 PAGE 9 CITY COUNCIL
size of lots in the immediate vicinity. SP/Lee provided a table
showing consistency and compliance with the proposed lots with
the City's Subdivision and Development Code standards as well as
the City's General Plan with regard to density. All service agencies
were contacted regarding the proposed subdivision request and all
agencies replied and are expected to provide service to each lot
including providers of gas, electrical, water, sewer and television
cable service. On June 13, staff was verbally notified by the
General Manager of The Country Estates Association that the
Board was opposed to the lot split and would not approve the future
design and development of a single family residence on each lot.
Although the property is bound by the CC&R's and Bylaws of the
Association; the City is not but has noted the Association's
opposition. Despite the Association's opposition, the City Council
must still exercise its independent judgment and base its decision
solely on whether the required findings of approval can be made.
SP/Lee stated that the proposed subdivision fully conforms with the
City's Subdivision Ordinance and Zoning Regulations applicable to
the site. SP/Lee provided copies of two letters of support that were
submitted during the Planning Commission consideration. In
addition, staff received an opposition letter this afternoon, copies of
which have been provided to the Council Members this evening.
The project was reviewed for compliance with the California
Environmental Quality Act and staff prepared and filed an initial
study documenting the reasons to support the findings and that the
proposed project would not have any potentially significant impacts
to the environment. Staff prepared and filed initial studies and
Notice of Intent to adopt a Negative Declaration with the County
Clerk, copies of which are included in Council's report. Staff
recommends that the City Council adopt the Resolution approving
the Tentative Parcel Map to allow a subdivision of an existing 3.07
acre vacant lot into two separate lots based on the Findings of Fact,
and subject to the conditions of approval as listed within the
Resolution.
M/Tye asked SP/Lee to address item 4 in a letter from the Ahusha's
referencing what "The Country Estates" CC&R's would have to do
and the City's responsibility relative to land use.
CA/Jenkins responded that he felt that SP/Lee summarized that
very well during her staff report when she said that the City does
not in any respect enforce private CC&R's. The City Council's
JUNE 21, 2011 PAGE 10 CITY COUNCIL
obligation is to review this application under the City's Zoning and
Subdivision Ordinances without regard to the existence of CC&R's.
As far as the City Council is concerned, this property is not subject
to CC&R's and it should be treated as though it is just a property to
be evaluated based on whether it com-plies with the City's
standards of the Subdivision Ordinance which sets forth a series of
requirements as to what findings would have to be made to deny.
Staff is telling the City Council that it cannot make those findings
because the proposal complies in all respects with the City's Zoning
and Subdivision Ordinances. D.B. is a government and can only
enforce its laws. CC&R's are a private contract which is entered
into by those who purchase property within an area covered by
those CC&R's. They may, through private contracting, enforce
stricter or different requirements on property which may be
enforced as long as they are not inconsistent with City law. Even
though a subdivision is permissible under City law, they may very
well have CC&R's that preclude further subdivision of this property
but that is not something the City and City Council can be
concerned about. In the end, it is a private matter between the
property owner and the governing body of the HOA.
M/Tye said he wanted to hear the shorter version that the CC&R's _
do not supersede the responsibility of the City.
CA/Jenkins responded that that indeed would be the shorter
version.
M/Tye opened the Public Hearing.
Rai Marwah, D.B. The Country Estates resident speaking as a
resident and not a member of the Board of The Country Estates
Homeowners Association stated that the CC&R's do not preclude
subdivision of the parcels. Page 7 of the CC&R's clearly states that
no parcel owner will split the parcel without the approval of the
architectural committee and the City. Nowhere does it say that one
cannot split the parcels. Further he is in support of the subdivision
because it adds to the value and to the coughers of the association.
He sees no downside and strongly recommended approval of the
split.
Mal Richardson, Best, Best & Krieger, attorney for the applicant,
thanked SP/Lee and the speaker for giving his presentation and
emphasized that the question before the Council today is the
JUNE 21, 2011 PAGE 11 CITY COUNCIL
question of whether or not the findings, as articulated by Chapter
21 of the Code and the Map Act can be made and if it can then the
Parcel Map can be approved. As the Planning Commission has
articulated, those findings can be made. One comment regarding
the CC&R's, CA/Jenkins is absolutely correct in the way he
presents their relevance to these proceedings. For what it is worth,
in terms of the process that is outlined by The Country Estates
CC&R's, the previous speaker alluded to Article II, Section 1 of the
CC&R's requires this meeting as a prerequisite to the HOA Board
hearing this matter. This step must be taken before the HOA
members can have their voice heard in that private setting. He
again thanked Planning staff and the City Attorney for their
excellent approach to this matter and respectfully requested
approval of the Tentative Parcel Map. Mr. Richard explained that
present with him tonight the property owner and his son, Architect
Pete Volbeda and Engineer John Wayne.
Sandy Vardhan, son of the property owner, thanked staff for their
help in helping to process this request and he and his father look
— forward to being a part of the D.B. community.
Brent Beverly, President, The Country Estates Homeowners
Association said he appreciated everyone's input and now
understands that the process the homeowners are seeking at this
time is to obtain permission to move forward from the City before
taking the next step. He asked that no recording of the document
be done until that process is complete and the owners have
received the approval they are required to receive under "The
Country Estate" CC&R's.
M/Tye closed the Public Hearing.
C/Herrera asked staff to comment on the City's withholding
recordation of this Tentative Map if it is approved today.
CM/DeStefano responded that the speaker asked that the City
withhold its final approval subject to "The Country Estates" approval
of the project and as staff and CA/Jenkins pointed out the City is
not bound by private CC&R's and not bound by the contractual
relationship between the property owners and "The Country
Estates" Homeowner's Association. The City would have no
obligation to undertake that specific request and therefore, as
JUNE 21, 2011 PAGE 12 CITY COUNCIL
CA/Jenkins pointed out earlier, it is actually not a step the City
would undertake. The process of finalizing a map such as this is a
lengthy one. There are a variety of steps, conditions of approval,
and actions that the property owner who is subdividing the property
must take after the City Council has approved the Tentative Map
prior to bringing the matter back for City Council approval of the
Final Map. It is typically many, many months before that action
takes place. It is in the hands of the subdividers more so than it is
in the hands of the City and there is a long period of time during
which the applicant and The Country Estates could be conversing.
The Country Estates approval or disapproval is not a pre-curser to
finalization of the map after the City Council has approved the
Tentative Map.
C/Everett asked who was responsible for the recordation.
CA/Jenkins responded that this is a Tentative Map so it cannot be
recorded until it comes back to the City Council. It will not come
back to the City for typically a minimum of six months or more.
There is nothing the Council is doing tonight that is capable of
being recorded. When it comes back for Final Map, the City
Council's duty is ministerial at that point and as long as the
conditions of the Tentative Map are satisfied the City Council will
have to approve it. Nonetheless, it gives the parties ample time to
discuss and work out the issue at the HOA level. Hypothetically
speaking, if The Country Estates Homeowners Association Board
were to deny the subdivision, it does not have any effect on the
Council's obligation to approve a Final Map. The issue as to
whether or not this property owner has the right to subdivide is
really between the property owner and the HOA. The City is not in
the middle because what is being enforced is a private contract. In
answer to C/Everett's specific question, nothing will be recorded for
at least six months or so.
C/Herrera asked what the conditions of approval are and do they
need to be listed.
CA/Jenkins stated that the conditions of approval are stated at the
back of the resolution contained in the form "Standard Conditions."
All of the conditions are listed and categorized in bold face
headings.
JUNE 21, 2011 PAGE 13 CITY COUNCIL
MPT/Chang moved, C/Herrera seconded, to adopt Resolution
2011-28: Approving Tentative Parcel Map No. 71362 for
subdivision of an existing vacant 3.07 acre lot into two lots for the
development of a single-family residence on each lot located at
2127 Derringer Lane (APN 8713-034-030). Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Everett, Herrera, Tanaka,
MPT/Chang, M/Tye
None
None
7.2 a) ADOPT RESOLUTION NO. 2011-29: ORDERING THE
DETACHMENT OF SPECIFIED PORTIONS OF THE PULTE
TRACT ("DIAMOND HILLS") PARCELS FROM LANDSCAPE
ASSESSMENT DISTRICT NO. 39.
PWD/Liu stated that in 1998 the City Council approved Vesting
- - Tentative Tract Map 92267 later known as the Pulte Tract or Pulte
Homes off of Diamond Bar Boulevard. Included in the Resolution
of Approval was a condition that called for removal of certain
portions of the Pulte Tract found to be within No. 39, a condition
that the Homeowners Association would be responsible for their
own private property. He showed a map of the existing Landscape
District with northerly and southerly boundaries (shaded areas) of
District No. 39 that are being detached from the Landscape District.
Although these 73 parcels have resided within the boundaries of
District No. 39, they have never been assessed and have been
treated as if they were outside of the Landscape Assessment
District. Staff recommended approval of this housekeeping
measure.
M/Tye opened the Public Hearing.
With no one present who wished to speak on this item, M/Tye
closed the Public Hearing.
C/Herrera moved, C/Everett seconded, to Adopt Resolution No.
2011-29 with the finding that there were no protests filed to the
detachment proceeding. Motion carried by the following Roll Call
vote:
JUNE 21, 2011 PAGE 14 CITY COUNCIL
AYES:
NOES:
ABSENT
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
Everett, Herrera, Tanaka,
MPT/Chang, M/Tye
None
None
b) ADOPT RESOLUTION NO. 2011-30: LEVYING AN
ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT
NO. 38 FOR FISCAL YEAR 2011-12.
c) ADOPT RESOLUTION NO. 2011-31: LEVYING AN
ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT
NO. 39 FOR FISCAL YEAR 2011-12.
d) ADOPT RESOLUTION NO. 2011-32: LEVYING AN
ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT
NO. 41 FOR FISCAL YEAR 2011-12.
CM/DeStefano stated that this is the annual hearing for the
assessment within each of the three Lighting and Landscaping
Assessment Districts (38, 39 and 41) and there are no changes
proposed from last year's assessment amounts.
PWD/Liu reported that for District No. 38 the levy rate of $15 per
parcel will generate $267,705 in assessment revenue. For Fiscal
Year 2011-12 the total annual budget is $269,847. As a result,
$2,142 of the City's General Fund will subsidize the operation and
maintenance costs in District No. 38. The landscaping
improvements to be maintained by District No. 38 generally are the
parkways and medians throughout the City reflecting a total
maintenance area of 10.3 plus acres. The estimated number of
parcels within the District is 17,847.
PWD/Liu reported that for District No. 39 the levy rate of $130 per
parcel will generate $162,630 in assessment revenue. For Fiscal
Year 2011-12 the total annual budget is $220,332. As a result,
$57,702 of the City's General Fund will subsidize the operation and
maintenance costs in District No. 39. The landscaping
improvements to be maintained by District No. 39 are the mini -
parks, slopes and open space areas with an estimated 1,251
number of parcels within the District.
PWD/Liu reported that for District No. 41 the levy rate of $220.50
per parcel will generate $122,157 in assessment revenue. For
JUNE 21, 2011 PAGE 15 CITY COUNCIL
7.3
Fiscal Year 2011-12 the total annual budget is $156,930. For this
particular district, in addition to the General Fund subsidy amount of
$14,773 and additional $20,000 of Prop A Funds will be added to
the subsidy. The landscaping improvements are generally the
slopes and open space within the area reflecting a total
maintenance area of 15 plus acres. The estimated number of
parcels within the District is 554.
Staff recommends that the assessmen
mentioned be confirmed and that the
assessments for Fiscal Year 2011-12 be
Council. PWD/Liu noted that the General
are consistent with the approved budget.
M/Tye opened the Public Hearing.
t amounts heretofore
Resolutions levying
adopted by the City
Fund subsidy amounts
With no one present who wished to speak on these items, M/Tye
closed the Public Hearing.
C/Herrera moved, C/Tanaka seconded, to approve Resolution No's
2011-30, 2011-31 and 2011-32. 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
APPROVE FOR FIRST READING ORDINANCE NO. 04(2011):
RECOVERY OF ATTORNEY'S FEES IN NUISANCE ABATEMENT
PROCEEDINGS AND AMENDING DIAMOND BAR MUNICIPAL
CODE.
MA/Santos stated that before the City Council tonight is a proposed
Development Code amendment that would allow for the recovery of
attorney's fees in nuisance abatement proceedings. The City's
Neighborhood improvement Division provides excellent work within
the community in response to resident's complaints. In certain
circumstances unresolved cases may trigger additional work that
involves the City Prosecutor in the drafting of notices, Orders to
Abate and additional procedures often requiring staff to work with
the Prosecutor to accomplish these procedures in order to go to
Court to get an Abatement Warrant allowing staff to go onto the
JUNE 21, 2011 PAGE 16 CITY COUNCIL
physical property and abate the nuisance. Two such cases were
brought to the City Council in 2010 wherein staff sought the
recovery of nuisance abatement costs that were strictly limited to
administrative costs and did not include attorney's fees because
such fees were not expressly permitted. The proposed amendment
is within Title XXII and would allow for recovery of attorney's fees in
addition to administrative costs. Additionally, it would ensure that
abatement proceedings would not impact the City's General Fund.
Code §22.78.060 would be changed to "include but not be limited to
City Staff costs, attorney's fees, extra fees and court costs." Code
§ 22.78.070 would be changed to allow for "attorney's expert time
shall be based on hourly rates paid by the City for those services".
On May 10, 2011 the Planning Commission reviewed this matter
and adopted Resolution 2011-15 recommending adoption by the
City Council of the proposed ordinance.
M/Tye opened the Public Hearing.
With no one present who wished to speak on this item, M/Tye
closed the Public Hearing.
C/Everett moved, C/Herrera seconded to approve Ordinance No.
2011-04 for First Reading. 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
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER
COMMENTS:
C/Tanaka reported on his attendance at the Tiny Tots graduation, the
American Cancer Society's D.B. Relay for Life during which he
participated with the Lions and Leos teams; the D.B. Seniors Father's Day
Luncheon; Golden Jubilee Mass and Dinner Reception for Monsignor
Loughnane upon his 50th year anniversary in the priesthood at St. Denis
Church and Armstrong Elementary School's 6th Grade Promotion. He
requested an update on the Washington Mini -Park project for the next City
Council meeting and wished his wife Wanda a Happy Birthday.
JUNE 21, 2011 PAGE 17 CITY COUNCIL
C/Herrera thanked the wonderful firefighters for their quick action in
putting out the fire on the hillside across from Chuck E. Cheese and
saving a number of homes in the area. She reminded residents that the
weather is starting to get hotter, the hillsides are very, very dry and she
cautioned everyone to be very careful. There have been some serious
fires surrounding D.B. in recent years. She spoke at the Congressional
Redistricting meeting last Friday. She started by thanking the redistricting
commissioners for the outstanding job they did in drawing the boundary
lines for the D.B. Senate and Assembly Districts. D.B. spends a lot of time
working with surrounding cities and across county boundaries.
Sometimes commissioners think about connecting cities within a county
but because D.B. is at the juncture of the SR57/60 and is at the four
corners area the City has major transportation issues that involve Chino
Hills, Brea, Yorba Linda, Hacienda Heights and Rowland Heights so she
urged the commissioners to apply the same formula for the congressional
district %^fhich they had first drawn stretching out 45 miles from D.B. to
Pasadena. She emphasized that that was not beneficial for D.B. and that
D.B. would oppose that boundary. Surprisingly, there were numerous
cities that surround Pasadena that were also unhappy about being
included in the district with D.B. So it is her hope that the commissioners
will redraw the boundary and cross county boundary lines as they did with
the assembly and senate districts. She too congratulated Monsignor
Loughnane. She was very proud to present him with a Certificate of
Congratulations from the City of D.B. along with C/Tanaka. She thanked
Monsignor for regularly attending the D.B. City Council meetings to
provide the invocation.
C/Everett thanked the residents who attended and participated in tonight's
meeting and especially thanked staff for their preparation and
presentations on tonight's hearing items and members of the public who
spoke on those items. He spoke about his attendance at the DRHS
Graduation ceremonies at the Fairplex and congratulated the graduates.
New LA County Fire Chief Daryl Osby said he would be visiting D.B. soon.
MPT/Chang reminded residents that they can follow her on Facebook and
Twitter. She went to Donuts for Dad at Golden Springs Elementary
School; the Heritage Park/Pantera Park Tiny Tots graduation; Relay for
Life; ALADS Awards Banquet; and the D.B. Women's Club Scholarship
Luncheon. She attended the League Policy Committee meeting in
Sacramento on Friday. She serves on the Revenue and Taxation Policy
Committee which reviews the City Manager's Department's Draft Pension
Reform Action Plan. She also attended the Redistricting Commission
meeting in Fullerton and spoke regarding the congressional districts as
JUNE 21, 2011 PAGE 18 CITY COUNCIL
well as the assembly and senate. She understands that there will be
some change to the first draft of the senate district that was proposed.
M/Tye thanked staff for their thorough, understandable and helpful reports.
He hoped everyone would join in the 4th of July Blasts at DBHS. He
thanked Anthony with the AQMD who filled in for Paul Wright whose son is
graduating from Laguna Hills High School this evening. Best wishes to
Paul and his son Douglas.
ADJOURNMENT: With no further business to conduct, M/Tye recessed
the Regular City Council meeting at 7:58 p.m. MM1
� s
TOYE CRIBBINS, CITY CLERK
The foreg i Lginultesare hereby approved this 5th day of
2011.
STEVE , MAYOR