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HomeMy WebLinkAbout11/01/2011 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 1, 2011 CLOSED SESSION: 5:30 p.m., Room CC -8 Public Comments on Closed Session Agenda - None 10- Government Code Section 54957 Public Employee: City Manager Performance Evaluation M/Tye reported that during tonight's Closed Session, the City Council discussed the City Manager's Performance Review. CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Doug Spoon led the Pledge of Allegiance. INVOCATION: Pastor Jeanne Favreau-Sorvillo, Diamond Bar United Church of Christ, 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; Greg Gubman, Community Development Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Cecilia Arellano, Public Information Coordinator; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Submitted. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Sacramento Legislative update by Assemblyman Curt Hagman. CM/DeStefano stated that this has been a very interesting year in Sacramento with a variety of Legislative actions going through the system that could affect the City and State dramatically. Everything from cities going bankrupt to a variety of new regulations and processes that is required of the cities. Assemblyman Hagman has played a significant role in many of those measures and is scheduled to speak this evening; however, it appears that he is running late. NOVEMER 1, 2011 PAGE 2 CITY COUNCIL CM/DeStefano reported that the City continues to move forward in opposition to the Southern California Association of Governments proposal to develop an east/west freight corridor along the San Jose Creek wash property as part of the ongoing development of their regional transportation plan. CM/DeStefano announced that this Thursday, the City will again attend the SCAG's regional meeting in downtown LA at the SCAG office. C/Herrera has been leading the charge on behalf of the Council and the community providing the committee with the City's thoughts and concerns regarding the proposal for truck lanes on the San Jose Creek wash right-of-way property as well as, ongoing concern that the project and sole focus on the one route should be eliminated from the plan. Additionally, that the overall regional transportation plan should continue to focus on east/west freight corridor routes and routes that utilize the latest technologies, particularly zero emission vehicles, but do so in a comprehensive fashion that utilizes all major east/west freeway corridors, such as the 10, 210, 60 and 91, thereby eliminating the sole focus on the 91. Staff received information today from SCAG that the focus remains on the 60 corridor but not just the freeway itself. M/Tye announced that once Assemblyman Hagman arrives, Council will break from the Agenda in order to allow Assemblyman _ Hagman to present his update. 3. PUBLIC COMMENTS: None Offered. 4. RESPONSE TO PUBLIC COMMENTS: None Offered 5. SCHEDULE OF FUTURE EVENTS: 5.1 Election Day — November 8, 2011 — Polls open 7:00 a.m. to 8:00 p.m. 5.2 Planning Commission Meeting — November 8, 2011 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.3 Veterans Recognition Ceremony — November 9, 2011 — 9:00 a.m. to 11:00 a.m. — Diamond Bar Center, 1600 Grand Avenue. 5.4 Traffic and Transportation Commission Meeting — November 10, 2011 — 7:00 p.m., SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.5 Veterans Day Holiday — November 11, 2011 - City Offices closed in -- observance of the Veterans Holiday. City Offices reopen Monday, November 14, 2011 at 7:30 a.m. NOVEMER 1, 2011 PAGE 3 CITY COUNCIL 5.6 City Council Meeting — November 15, 2011 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Everett asked that item 6.1(b) Regular Meeting Minutes and Item 6.7 be pulled for further discussion. C/Everett moved, C/Herrera seconded, to approve the remaining Consent Calendar items. 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 6.1(a) Study Session of October 18, 2011 — Approved as submitted. 6.2 PLANNING COMMISSION MINUTES — Regular Meeting of September 27, 2011 — Received and Filed. 6.3 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of August 11, 2011 — Received and Filed. 6.4 RATIFIED CHECK REGISTER — Dated October 13, 2011 through October 26, 2011 totaling $1,125,679.45. 6.5 APPROVED TREASURER'S STATEMENT — For the Month of September 2011. 6.6 ADOPTED RESOLUTION NO. 2011-44: ACCEPTING THE QUITCLAIM DEED FROM ERNST & YOUNG INC., AS TRUSTEE OF THE BANKRUPTCY ESTATE OF BRAMALEA, INC., OF ITS INTEREST IN PROPERTY LOCATED IN THE STARDUST MINI - PARK. 6.8 AWARDED A THREE YEAR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES CONTRACT FOR RESIDENTIAL AREAS AND ARTERIAL ZONES ROAD MAINTENANCE PROJECT TO ONWARD ENGINEERING STARTING WITH RESIDENTIAL AREA 1A AND ARTERIAL ZONE 6 IN THE AMOUNT OF $83,750 AND AUTHORIZED A CONTINGENCY AMOUNT OF $12,562.50 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $96,312.50. NOVEMER 1, 2011 PAGE 4 CITY COUNCIL 6.9 AWARDED PROFESSIONAL ENGINEERING SERVICES CONTRACT FOR ON-CALL SOILS AND GEOTECHNICAL - ENGINEERING SERVICES WITH (a) LEIGHTON AND ASSOCIATES, INC.; (b) WILDAN GEOTECHNICAL; and (c) NINYO AND MOORE, FOR A PERIOD OF THREE (3)) YEARS. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6,1(b) Regular Meeting of October 18, 2011 C/Everett referred the Council to Page 8, second paragraph from the bottom of the Regular Council Minutes of November 1" and requested that the last four words of the sentence "there will always be those who misunderstand the intent of the Council's action" be eliminated since the letter had nothing to do with the Council's action. C/Everett referred to the letter received and read by M/Tye as a disrespectful and spiteful letter and wanted something to that effect included in the summary. M/Tye stated that he was comfortable with how the minutes reflected his comments and that he wanted the first part of the minutes to remain as written. It was his intent to share the letter with everyone; but doesn't believe it needs to be verbatim in the minutes. He did agree that the last four words "of the Council's actions" could be stricken from the last sentence. 6.7 ADOPT RESOLUTION NO. 2011-45: ESTABLISHING NO RIGHT TURNS ON RED FROM THE NORTHBOUND DIRECTION OF PEACEFUL HILLS ROAD ONTO PATHFINDER ROAD AND ESTABLISHING NO U-TURNS ON PATHFINDER ROAD. C/Everett stated that he felt that this item is an important safety matter and has been thoughtfully considered. He was concerned that there weren't any Traffic and Transportation Commission Minutes reflecting the unanimous recommendation by the T&T Commission and that the minutes that were distributed to him he felt were incomplete. He had discussed the matter with staff and received good additions and wanted to make sure those were included in whatever action may be taken by the Council; specifically, the letter of support that had been received. He indicated that there had also been a comment in opposition; however it had been taken by phone and therefore there was nothing in writing. C/Everett asked that the Council provide the opportunity for anyone who may have shown up tonight to speak on the subject, based on the fact that two mailers had been sent out to _ approximately 500 people in the area. Also, he appreciated the map that was included as an addendum and asked that the map be NOVEMER 1, 2011 PAGE 5 CITY COUNCIL included. He said that it showed clearly how far and where the nearly 500 noticed parties were, which essentially covered anybody that would use the street for a right turn would be affected. Finally, he stated that he felt very uneasy not having the minutes of the Traffic and Transportation Commission meeting in draft form or in adopted form. He wanted to make sure the Council respects their actions by that at a minimum to include their minutes in the staff report. The staff report did speak to those items. He trusts that. He respects staff and thanks them. C/Herrera said she was confused because the Traffic and Transportation Commission unanimously forwarded this recommendation to the City Council and asked if C/Everett was asking that this item be tabled to get more input? C/Everett said he was asking that the Traffic and Transportation Minutes be included to support the Commission's recommendation. Not that we don't believe them or trust them, but just a matter of courtesy and respect to them and also so that if somebody looks at these motions down the road there's a document showing that they did meet, that they approved the Minutes with this recommendation as backup. C/Tanaka moved, C/Herrera seconded, to approve Consent Calendar Items 6.1(b) and 6.7. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: COUNCIL MEMBERS COUNCIL MEMBERS: COUNCIL MEMBERS: 7. PUBLIC HEARING: None 8. COUNCIL CONSIDERATION: None Everett, Herrera, Tanaka, MPT/Chang, M/Tye None None 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: (Continued). 2.1 Sacramento Legislative update by Assemblyman Curt Hagman. Assemblyman Curt Hagman reported that the Assembly was in Session from January to mid-September. Obviously, the biggest item is the State Budget and the fact that the State is still spending more than it takes in. This year the budget was passed with triggers on income levels at a certain amount and additional cuts to services such as education. It appears that the triggers will take effect in January during the next session. Another item that will affect all California communities is the public safety realignment NOVEMER 1, 2011 PAGE 6 CITY COUNCIL This means that of the 30-35,000 inmates housed in our county jails, who should be sent to prison awaiting trial or service in time, will probably be let out much quicker than one would expect placing additional pressures on local law enforcement. In January, the Assembly will address adjusting these issues and dealing with the budget. There is a "public goods" charge that is placed on all utilities which expires January 1. Pressure was placed on the Assembly this year for another proposal for a "public goods charge," which is the surplus everyone pays on their utility bills to support certain programs. This fee or tax on top of what residents normally pay for utility bills amounts to about $20 billion over five years. The High Speed Rail project tripled the original amount of $33 billion to almost $100 billion so it is questionable whether That project will continue. The theme of this year is that a lot of the bad bills that were vetoed by Governor Schwarzenegger during the last six years of his career were brought back to the Assembly. Some of the old bills made it through Assembly and some were killed on the floor of the committee. Not a lot of new bills were introduced except for protection of different public workers and there are a lot more restrictions on local government to do certain kinds of contracts in certain ways which will require a lot more tools from cities and which may affect decisions that D.B. and its residents will have to face. For the most part, the changes for this District will be with public safety and educational funding. C/Everett acknowledged his efforts on behalf of pleasure of attending Hagman and Chino Hill: Also during the event announced that the S unclaimed assets? An, entitled to any unclaime call 800-992-4647 to si assets. Overall, it we education for small busi Hagman for the seminar, and thanked Assemblyman Hagman for the District. He stated that he had the an event co -hosted by Assemblyman Mayor Ed Graham for small businesses. State controller John Chang spoke and date might have some of $6 billion of lone interested in finding out if they are d assets can go to www.claimit.ca.gov or �e if they are entitled to any unclaimed s a fast paced, interesting and factual nesses. He again thanked Assemblyman Assemblyman Hagman said that unfortunately, the State seems to make things very difficult for small business or businesses in general by proposing from 3 to 4,000 new laws per year. It makes it difficult for small businesses to keep up with current laws. It is something the Assembly continues to think about how to make it easier for businesses. He thanked the Council for their representation on behalf of the residents. NOVEMER 1, 2011 PAGE 7 CITY COUNCIL 9. COUNCIL SUBCOMMITTEE REPORTSICOUNCIL MEMBER COMMENTS: C/Tanaka congratulated D.B.'s newest Eagle Scout, Richard Kinder from Troop 730. He attended Marlene Dunn's retirement celebration after a long career with both D.B. and Brea's Parks and Recreation Departments; attended the Senior Citizen's Halloween Dinner Dance where there were wonderful costumes and prizes. He attended the Quail Summit Elementary Fall Fun Festival and Haunted House fundraiser where the DBHS Leo's constructed and worked the Haunted House. He also attended the Washington Street Mini -Park groundbreaking of which the highlight of the event was having young children make personalized tiles that will be installed on the wall in the new park. Monday through Thursday last week DBHS Leo Club and other high school organizations helped construct the City's Haunted House and on Sunday and Monday some of the members worked the 3D Haunted House. On Halloween evening members from DBHS and Chaparral Leo Clubs worked the City's Fall Fun Festival by running the various game booths. DB4-Youth in Action also sold snacks and drinks. There was also a balloon artist and professional photographer present. He thanked CSD/Rose, RS/Tarazon --_ and other staff members for doing a wonderful job. Last week he attended the WUVSD Teacher of the Year presentations and congratulated all 15 Teachers of the Year and District Teacher of the Year, Anna Land from Chaparral Middle School. On Wednesday he attended the Red Ribbon Ceremony at Armstrong Middle School and this past Friday attended the Goodwill Store and Donation Center Ribbon Cutting Ceremony in the Bob Big Boy's Center and that evening he attended the Pantera Elementary School 10 -year Anniversary celebration. He congratulated the volunteers that worked on the Haunted House and Fall Fun Festival. C/Everett said he too attended many of the events that C/Tanaka spoke about. He also attended many events for Red Ribbon Week. He extended his thanks and congratulations to CSD/Rose and his entire staff on the success of the Fall Fun Festival and Haunted House. Volunteers from the community were there both nights along with C/Tanaka and his wife Wanda who offered encouragement. Thanks to all who participated. He spoke about the unbelievable turn of 95 years the Goodwill tradition has been helpful to the community and now they have a classy new look at the D.B. store on Golden Springs Drive. Ninety-three percent of their budget goes to people and programs which Goodwill is fixed on with strategic planning and day-to-day operations. Their motto is "transforming lives through the power of work" and they serve people with disabilities or other vocational challenges as well as, businesses like those in D.B. by providing education, training, work experience, and job placement services. Goodwill is a real community partner and brings a new retail presence. He would encourage everyone to visit the store. He thanked attendees, his colleagues and staff for their daily support. NOVEMER 1, 2011 PAGE 8 CITY COUNCIL C/Herrera said she too attended many of the events that others mentioned. Red Ribbon Week at Armstrong Elementary was a very — exciting event. Watching the dedication of Washington Street Mini -Park was exciting for that neighborhood for folks who have waited for several years to have a green area. It will be a very nice park once it is completed. On another note, this is election season and sometimes rumors spread and take on a life of their own and people believe the rumors are fact and wanted to correct one falsehood that came to her attention recently. That Carol Herrera wants to discontinue the Diamond Ride Program, which is completely false. This City Council is not considering that nor has it been brought to the attention of the City Council to be placed on the agenda. The last time the City Council discussed the Diamond Ride program for seniors was a couple of years ago and that she had voted to make improvements to cut away some of the abuses so that there would be more money available for seniors that need the service. It is very unfortunate that some individuals are spreading this false rumor and scaring senior citizens and to that she says "shame on them." MPT/Chang invited everyone to follow her on Twitter and Facebook. She has been incredibly busy during the past couple of weeks. She attended the 2011 Waste Energy Summit at the Lao Center for Regenerative Studies at CalPoly University which was a discussion on the opportunities of bio -methane purification as a viable supplement to natural gas. Energy will be a huge issue for California in the future and there is great interest in seeking methods to reduce carbon emissions through biological sources such as methane as supplemental fuel. It was a great dialogue between policymakers, energy and waste industry leaders such as Waste Management and Valley Vista as well as, Sempra Energy. She attended the Pomona Valley YMCA Celebrity Waiter Luncheon to support programs and services of the Pomona Valley YMCA She had to dress up as a clown because her table's theme was a circus. Anything for charity and to support the youth! She attended the Goodwill of Southern California retail store grand opening which was phenomenal because there were at least 100 people waiting in line before the grand opening. Goodwill is not only a retail store, but as their Mission Statement indicates, they are transforming lives through the power of work. Goodwill provides education, training, work experience and job placement services. Another very impressive part of Goodwill is that nearly ninety-three percent of their budget is dedicated to employment programs and services. Please visit Goodwill because you will find some hidden treasurers and give support to the employment programs. She attended the California Redevelopment Law Reform which talks about causes and consequences of what has been discussed at the State level. It was spearheaded by the American Society for Public Administration and the College of Business and Administration at the University of Laverne. The panel discussed State impacts, local - impacts and legal issues regarding redevelopment. She believes oral arguments begin November 10 and one can watch on CAL Channel at NOVEMER 1, 2011 PAGE 9 CITY COUNCIL 10:00 a.m. Yesterday she attended Pantera Elementary School's parade and Haunted House. It is amazing to see how a small group of parents can transform the cafeteria to an amazing Haunted House. She was completely blown away by the project and will be posting photos on her Twitter account. The Diamond Bar Educational Community Roundtable had an excellent meeting today attended by both Superintendents. It was great to see schools from both districts in D.B. working together for the betterment of the students and community while promoting community cohesiveness, the basic goal of the Roundtable. Superintendent Richard Martinez shared great ideas that they have implemented at their schools. He brought with him a flier that they created as a result of some of the comments from the last D.B. Educational Community Roundtable meeting. It was very heartening to see the timely responsiveness of the administrators. Today was Superintendent Dean Conklin's first meeting. He was very impressed and will be talking at the Board Meeting about the D.B. Educational Community Roundtable and encouraging participation. Both superintendents have committed to the organization and will be attending future meetings for which she is thankful. Again, the Roundtable serves as a bridge for parent organizations from the two school districts in D.B. to promote unity and educational excellence throughout D.B. Anyone -- interested in participating on the Roundtable should contact her. A very, very important issue is the zip code issue and affected residents have received surveys by mail. For those who have not been apprised, D.B. shares a zip code with the City of Walnut (91789) and because of that it has resulted in mail delivery delays, lost mail, identity issues and misallocated sales tax revenues for D.B. and its residents. Please vote in favor of a consolidated zip code and return your survey no later than the November 30 deadline. M/Tye reminded everyone who received the zip code survey's to please be sure to complete and return them no later than the November 30 deadline. The Washington Park groundbreaking ceremony was terrific and the City looks forward to the ribbon -cutting ceremony next June or July when the completed facility is delivered to the neighborhood. He encouraged everyone not only to return their zip code surveys but to please vote next Tuesday. It is unusual to have a voting day on a non - Council meeting day. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the Regular City Council meeting at 7:15 p.m. TOMMYE CRIBBINS, CITY CLERK NOVEMER 1, 2011 PAGE 10 CITY COUNCIL The foregoing minutes are hereby approved this 15th day of November , 2011. le MAYOR STEVE TYE