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.