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HomeMy WebLinkAbout10/04/2011 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 4, 2011 CALL TO ORDER: Mayor Pro Tem Ling -Ling Chang called the Regular City Council meeting to order at 6:32 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Council Member Everett led the Pledge of Allegiance. INVOCATION: Pastor Mark Hopper, Evangelical Free Church, gave the invocation. ROLL CALL: Council Members Ron Everett, Jack Tanaka, Mayor Pro Tem Ling -Ling Chang. Absent: Council Member Carol Herrera and Mayor Steve Tye were excused. 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; Greg Gubman, Community Development Director; Glenn Steinbrink, Interim Finance Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Young, Associate Engineer; Anthony Santos, Senior Management Analyst; Lauren Hidalgo, Public Information Specialist, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: CM/DeStefano recommended that Agenda Item 7.1 be continued to either the November 1 or 15, 2011 Regular City Council meeting and asked that action be taken at that time. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tile to Lorry Meyer, Recreational Specialist, upon her retirement. CM/DeStefano stated that due to Ms. Meyer being under the weather the City Tile was presented to her at her retirement breakfast this morning by both by C/Tanaka and C/Everett. 1.2 MPT/Chang and Council Members Everett and Tanaka presented a City Tile to Heidi Gallegos, Former Chief Executive Officer of the Regional Chamber of Commerce upon her departure to become the Chief Executive Officer of the Chamber of Commerce in Eastvale. OCTOBER 4, 2011 PAGE 2 CITY COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 CM/DeStefano updated the City Council on the "One City -One Zip" effort the City is working on to change the 91789 portion of the community to 91765 for distribution of mail. Although the U.S. Postal Service indicated that it would be sending out the surveys in September, they were pushed back and at this time the Postal Service has indicated that the surveys will be coming out October 17, 2011. If the results of the survey are favorable the zip code change will become effective July 2012 allowing for a one -Year grace period to July 2013. MPT/Chang stated that a 91789 resident expressed to her today that she and her neighbors are anxious and excited to see the zip code change in hopes of improving mail delivery. 3. PUBLIC COMMENTS: Deborah Ashby, representing SCAQMD updated the residents on upcoming events and invited the public to participate in the 23`d Annual Clean Air Awards luncheon at the Biltmore Hotel in downtown Los Angeles on October 7. She also announced that the gas driven lawnmower exchange for clean cordless electric mowers will be held in Mission Viejo on Saturday, in Norco on October 22 and in the San Gabriel Valley, a date which will be announced. She went on to announce that there will be an Air Quality and Transportation Conference in Los Angeles on October 19, and a no -cost Clean Air Fair for Seniors on Wednesday, October 26 in Anaheim which includes free transportation and lunch. Jesse Lanz, L.A. County Library Manager, stated that residents could follow library activities and events on Facebook and Twitter. He announced new programs offered by the Library - "Barks and Books" during which children read to a live therapy dog and civics classes for individuals studying to take the citizenship exam. He also announced that this year's Book for the "Read Together D.B." program will be The Maltese Falcon by Dashiell Hammett. He then stated that the library offers download of eBooks and are now compatible with the Kindle. Kristal Splinder, co-editor of The Windmill, announced that the 50 Year Anniversary of the publication would be next year and that the Windmill can be found online at www.thewindmillonline.com as well as on Facebook and Twitter @thewindmillofdiamondbar. 4. RESPONSE TO PUBLIC COMMENTS: None Offered OCTOBER 4, 2011 PAGE 3 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — October 11, 2011 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.2 Traffic and Transportation Commission Meeting — October 13, 2011 — 7:00 p.m., SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.3 City Council Meeting — October 18, 2011 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Tanaka moved, C/Everett seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Everett, Tanaka, MPT/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Herrera, M/Tye 6.1. CITY COUNCIL MINUTES: (a) Study Session of September 20, 2011 — Approved as submitted. (b) Regular Meeting of September 20, 2011 — Approved as submitted. 6.2 PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of August 25, 2011 — Received and Filed. 6.3 RATIFIED CHECK REGISTER — Dated September 15, 2011 through September 28, 2011 totaling $1,496,068.68. 6.4 APPROVED TREASURER'S STATEMENT — For the Month of August 2011. 6.5 ADOPTED RESOLUTION NO. 2011-39: APPROVING FINAL TRACT MAP NO. 71396 FOR THE SUBDIVISION OF AIR SPACE FOR A 30 -UNIT OFFICE CONDOMINIUM LOCATED IN THE DIAMOND HILLS PLAZA. 6.6 ADOPTED RESOLUTION NO. 2011-40: A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES ACTING ON BEHALF OF LOS ANGELES COUNTY OCTOBER 4, 2011 PAGE 4 CITY COUNCIL GENERAL FUND, LOS ANGELES COUNTY LIBRARY, LOS ANGELES COUNTY CONSOLIDATED FIRE PROTECTION DISTRICT, LOS ANGELES COUNTY FLOOD CONTROL, THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY, AND THE GOVERNING BODIES OF GREATER LOS ANGELES VECTOR CONTROL DISTRICT, CITY OF DIAMOND BAR, THREE VALLEYS MUNICIPAL WATER DISTRICT, WALNUT VALLEY WATER DISTRICT, WALNUT VALLEY WATER DISTRICT IMPROVEMENT DISTRICT #3, WALNUT VALLEY WATER DISTRICT IMPROVEMENT DISTRICT #4, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 21. 6.7 APPROVED AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR "STATE ROUTE 60/LEMON AVENUE PARTIAL INTERCHANGE (ON AND OFF RAMPS) CONSTRUCTION PROJECT'. 6.8 APPROVED FISCAL YEAR 2011-12 APPROPRIATION ADJUSTMENTS FOR CARRY -FORWARD EXPENDITURES, CAPITAL PROJECT CARRYOVERS, AND FIRST QUARTER ADJUSTMENTS. 6.9 REJECTED THE BID SUBMITTED BY HORIZONS CONSTRUCTION COMPANY, REJECTED THE BID PROTEST SUBMITTED BY MICON CONSTRUCTION AND AWARDED THE CONSTRUCTION CONTRACT TO RANCHO PACIFIC ENGINEERING, INC. FOR CONSTRUCTION OF WASHINGTON PARK IN THE AMOUNT OF $465,109.32; PLUS A CONTINGENCY OF $46,511 (10%) FOR A TOTAL AUTHORIZATION OF $511,620.32; AND APPROPRIATED $20,000 OF PARK DEVELOPMENT FUNDS TO FULLY FUND THE PROJECT. 7. PUBLIC HEARING: 7.1 ADOPT RESOLUTION NO. 2010-33A: AMENDING RESOLUTION NO. 2010-33 ESTABLISHING AND ADOPTING A SCHEDULE OF RATES, FEES AND CHARGES, FOR BUILDING AND SAFETY CONSTRUCTION SERVICES PROVIDED BY THE CITY. OCTOBER 4, 2011 PAGE 5 CITY COUNCIL CM/DeStefano stated that as previously indicated staff is requesting that this matter be continued to a later date to allow staff to conduct public outreach through the City's website as well as other means of communication in order to receive public comments on the issue of building and safety fees. CM/DeStefano then advised that staff is recommending that the Public Hearing be opened for anyone wishing to speak on this matter after which the public hearing be continued to either November 1 or November 15, 2011 for further consideration. MPT/Chang opened the Public Hearing. Allen Wilson said he was concerned that the Council visited this issue a little over a year ago and that since then the City has lost Ralph's Market, Hallmark, and Acapulco which were critical businesses for this community. He stated that he has observed that there has been almost no activity for serious construction matters within the City due to economic concerns. In addition, the report states that despite the recommended increase, fees will not reach full cost recovery levels and that the total overall increase in revenue is unknown at this time as it is dependent upon future project volumes. He did not see anything in the report that indicated the level of revenues the City had accumulated over the past year, two, three or four years and that the report indicates a thorough staff review determined that building fees and permit fees had not been amended. Mr. Wilson indicated that it appears that all permit fees will double which in his opinion will hurt home builders. Further, it is troubling to him that two City Council Members are not present this evening and that he would like to see this item continued until such time as the other two council members are present to hear what they have to say. With no other public comments being offered MPT/Chang asked for Council direction. C/Everett moved, C/Tanaka seconded to continue the Public Hearing to November 15, 2011. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS:Everett, Tanaka, MPT/Chang NOES: COUNCIL MEMBERS:None ABSENT: COUNCIL MEMBERS: Herrera, M/Tye 8. COUNCIL CONSIDERATION: None OCTOBER 4, 2011 PAGE 6 CITY COUNCIL RECESS: MPT/Chang recessed the Regular City Council Meeting to the Public Finance Authority at 7:03 p.m. — RECONVENE: MPT/Chang reconvened the Regular City Council Meeting from the Public Financing Authority Meeting at 7:06 p.m. State Senator Bob Huff stated that since the State Legislature is on fall break it gives him the opportunity to reconnect with his constituents. He came to tonight's meeting from a Chino Hills community meeting where residents are fighting the 200 foot towers for the Tehachapi Renewable Line. He then announced that the big news of the year in Sacramento is of course the budget and the matter of 9 billion dollars of "risky assumptions". While D.B. has a Redevelopment Agency it does not have a project area unlike most cities in his district do and when the Governor wanted to kill redevelopment he was scoring 1.7 billion by doing so. This matter has been challenged legally and is now before the State's Supreme Court and believes there is a good probability the cities will win as they have in the past when the State has tried to take local monies. There is another amount of Prop 98 monies, 40 percent of which goes to K-14 education. The California Teachers Association and the leadership cut a deal to forgo this money and balance the budget with taxes being put on the ballot for November 2012 to reimburse these monies. The School Board Administration and other administrators have challenged this as well. There are other items including Medicare assumptions that were used to balance the budget. While trigger cuts were put in place if revenue assumptions did not materialize prior notice to the legislature was added so that the constituencies could get energized to lobby Sacramento so the triggers would not be pulled. Bottom line is that it is still difficult for the State to live within its means. D.B. is to be commended for putting forth a fiscally prudent budget each year which has led to significant reserves which has further led to the City's ability to take advantage of the weak real estate market and buy the City Hall and build it out. He wished the State could learn from the lessons of D.B. Next year with the economy continuing to struggle and unemployment reaching past 12 percent again, the State expects jobs and the economy to dominate its schedule. He continues to dialogue with all of his cities including D.B. and it is his pleasure to represent the citizens of this community. MPT/Chang congratulated Senator Huff on being recognized as Legislator of the Year, by the League of California Cities and thanked him for fighting for local control. OCTOBER 4, 2011 PAGE 7 CITY COUNCIL 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS C/Tanaka reported on his attendance at the following events: D.B. Breakfast Lions and Leo Clubs at DBHS and Chaparral Middle School. Thursday before last he attended the D.B. Seniors Italian Dinner Dance; this morning the D.B. Seniors hosted a continental breakfast for Recreation Specialist, Lorry Meyer, who retired from the City after nine years of service, primarily working with the senior groups. C/Tanaka stated he is very pleased with the of the construction contract for the construction of Washington Park. C/Everett said the celebration for Lorry Meyer was to honor an exemplary individual who served this community well and was a great team leader and team player. Participating in various roles are five Parks and Recreation Commissioners who heard from Brownie Troop 2234 about a falling hazard at Sycamore Canyon Park near two tot lots and a stream. The Commissioners went directly to that agenda item which also addressed erosion control in the same area. Previous to this time, D.B. Mom's Club had discussed the same concerns with staff and donated money for materials to address the problem. Together, the Community Services staff, two D.B. clubs and five volunteer Commissioners voted to approve staff's recommendation and the Mom's Club agreed that their donation be spent for materials which the City is now anticipating installation of a lodge pole fence (complementary fencing) and signage by the Conservation Corp. He clarified his comments of the September 20 meeting regarding Item 6.9 General Plan and said he intended what the minutes reflected about staffs preparation of the required Annual State Report on the status of D.B.'s General Plan. However, his personal interest and commitment is to strengthen the economic content component of the City's General Plan going forward. For example, the vision for the community is stimulating and relevant. However, his interest and concern is for the residents and business professionals to review the document and he encouraged participation in order to have a current economic development strategic plan. This is a most difficult challenge today and every day and would like to see everyone in a brainstorming mode for the benefit of the City by getting serious about economic development. MPT/Chang reminded everyone to track her activities on behalf of the City on Facebook and Twitter. Last week she and CM/DeStefano attended the League of California Cities Conference in San Francisco during which Senator Bob Huff received the Legislator of the Year award from the League for protecting local control. She stated that she serves on the OCTOBER 4, 2011 PAGE 8 CITY COUNCIL Revenue and Taxation Policy Committee and attended the meeting to discuss legislation. She testified at the last County Redistricting Hearing _ into support of Plan A-3 which is to have D.B. remain within Supervisor Knabe's jurisdiction. Under both alternative plans S-2 and P-1, millions of individuals would be needlessly moved destroying the connections and relationships that have been built over decades. She was pleased to report that at the end of the meeting the supervisors voted 4-1 to support amended Plan A-3. She participated in the League Board Meeting conference call during which an accountability component in the Division's Strategic Plan was discussed which is a legislative scorecard. Data from last year revealed that the top five senators and top four assembly members who voted with the League LA Division are all Republicans. The City appreciates support from legislators who step up to support local control. She will be serving on the committee that establishes criteria for the scorecard and will keep the community updated on their progress. Today she participated in the new D.B. Educational Community Roundtable. She and other parents formed the roundtable to address issues that have arisen over the years regarding how to bridge the gap between the two different school districts. She then read the group's mission statement. The organization is kicking off with the elementary school components; and following that will expand to middle schools and potentially, the high schools. Anyone interested in serving please contact MPT/Chang. MPT/Chang reminded everyone that the October 17 zip code survey is very important. She congratulated Lorry Meyer on her retirement and thanked her for her service to D.B. ADJOURNMENT: With no further business to conduct, MPT/Chang adjourned the Regular City Council meeting at 7:25 p.m. TOMM E CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 18th day of October 2011.