HomeMy WebLinkAbout11/15/2011 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
NOVEMBER 15, 2011
CLOSED SESSION: 5:30 p.m., Conference Room B,
Diamond Bar City Hall, 21825 Copley Drive.
Public Comments on Closed Session Agenda - None
► Government Code Section 54957
Public Employee: City Manager Performance Evaluation
CM/DeStefano reported that the City Council conducted an evaluation of his
performance over the last year. Tonight the cumulative assessment from the
Council Members was discussed with CM/DeStefano providing feedback to the
City Council as well. During the discussion, Council expressed their gratitude for
his success in achieving the Council's goals. CM/DeStefano stated that he
expressed his extreme gratitude for the five great City Council Members with
whom he works. CM/DeStefano stated that this community has a strong Council
and that these Council Members know where they want to go and how they want
to get there which makes his job in administering the Council's vision much,
much easier.
CALL TO ORDER: Mayor Tye called the Regular City Council
Mmeeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: Jack Shah, Planning Commission Chairman,
led the Pledge of Allegiance.
INVOCATION: Associate Pastor Ab Kastl, Diamond Canyon
Christian Church, gave the invocation.
ROLL CALL: Council Members Ron Everett, Carol Herrera,
and 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 Development
Director; Greg Gubman, Community Development Director; Glen Steinbrink,
Interim Finance Director; Ryan McLean, Assistant to the City Manager; Rick Yee,
Senior Civil Engineer; Cecilia Arellano, Public Information Coordinator; Lauren
Hidalgo, Public Information Specialist, and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Submitted.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Council Members presented Certificates of Recognition to
"Diamond Bar Through My Lens" Photo Contest Winners.
NOVEMER 15, 2011 PAGE 2 CITY COUNCIL
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
3. PUBLIC COMMENTS:
Jack Shah congratulated C/Herrera and C/Tanaka on their successful re-
elections to the City Council. He thanked staff and Council for keeping the
City within its budget. He also thanked Council Members for attending the
Sunshine Senior event during which approximately $11,000 was raised for
the Sankara Eye Foundation which builds hospitals in India.
Child Advocate Rhonda Batiste, 23338 Wagon Trail Road, asked the City
to investigate the 24-hour child care service, adult services and limousine
service at 932 Del Sol. She is very concerned about the types of
businesses being run at that location with young children present.
M/Tye asked Mrs. Batiste to discuss the matter with CM/DeStefano.
Jesse Lanz, Diamond Bar Library Manager, invited residents to follow
library services on Facebook and Twitter. He then announced upcoming
events for children during the holidays.
4. RESPONSE TO PUBLIC COMMENTS:
CM/DeStefano stated that staff became aware of the concerns regarding
the property on Del Sol just yesterday. Lt. Katz with the L.A. County
Sheriffs' Department has spoken with Mrs. Batiste and staff. At this time
the Sheriff's Department is investigating the matter to determine whether
there are any unlawful activities taking place and will take care of the
situation if necessary.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Parks and Recreation Commission Meeting — November 17, 2011 —
7:00 p.m., SCAQMD/Government Center Auditorium, 21865 Copley
Drive.
5.2 Planning Commission Meeting — November 22, 2011 — 7:00 p.m.,
SCAQMD/Government Center Auditorium, 21865 Copley Drive
(Canceled due to lack of agenda items).
5.3 Thanksgiving Holiday — November 24 and 25, 2011. City offices
closed Thursday November 24 and Friday, November 25, 1011.
City offices will reopen on Monday, November 28, 2011 at 7:30
a.m.
NOVEMER 15, 2011 PAGE 3 CITY COUNCIL
5.4 Holiday Diamond Ride — Friday, November 25, 2011 through
Sunday, January 2, 2012. Free shuttle service to and from
Diamond Bar Shopping Centers for individuals 18 years of age and
older.
5.5 Candy Cane Craft Fair — Saturday, December 3, 2011 — 9:00 a.m.
— 2:00 p.m., Diamond Bar Center, 1600 South Grand Avenue.
5.6 City Council Meeting — December 6, 2011 — 6:30 p.m.,
SCAQMD/Government Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: C/Herrera moved, C/Everett seconded, to
approve the Consent Calendar. Motion carried by the following Roll Call:
AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka,
MPT/Chang, MITye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1. CITY COUNCIL MINUTES —Regular Meeting of November 1, 2011
— - Approved as submitted.
6.2 PARKS AND RECREATION COMMISSION MINUTES — Regular
Meeting of September 22, 2011 — Received and Filed.
6.3 APPROVED AMENDMENT NO. 1 TO CONTRACT WITH LPA,
INC. IN THE AMOUNT OF $150,000 FOR ADDITIONAL
CITY/COUNTY REQUESTED ARCHITECTURAL SERVICES FOR
DESIGN OF THE CITY HALUCOUNTY LIBRARY CAMPUS;
AUTHORIZED AN ADDITIONAL $40,000 CONTINGENCY FOR
AS NEEDED DESIGN SERVICES FOR CITY HALL OR LA
COUNTY LIBRARY, FOR A TOTAL AUTHORIZATION OF
$711,640; AND, APPROPRIATED NECESSARY FUNDS FROM
GENERAL FUND RESERVES
6.4 APPROVED AMENDMENT NO. 1 TO THE CONSULTING
SERVICES AGREEMENT WITH J. H. DOUGLAS & ASSOCIATES,
IN THE AMOUNT OF $165,333 FOR PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT FOR IMPLEMENTATION
OF HOUSING ELEMENT PROGRAMS; AND, APPROPRIATED
$32,633 FROM GENERAL FUND RESERVES.
6.5 APPROVED NOTICE OF COMPLETION FOR TRAFFIC SIGNAL
INSTALLATION PROJECT AT BREA CANYON CUTOFF ROAD
AND THE SOUTHBOUND STATE ROUTE 57 FREEWAY RAMP.
NOVEMER 15, 2011 PAGE 4 CITY COUNCIL
6.6 (a) ADOPTED RESOLUTION NO. 2011-46: REGARDING
PAYMENT OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO -
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
(b) ADOPTED RESOLUTION 2011-47: REGARDING
PROVISIONS OF INTERNAL REVENUE CODE 414(H) (2) TO
TAX DEFER MEMBER PAID CONTRIBUTIONS TO CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
6.7 ADOPTED RESOLUTION NO. 2011-25A: AMENDING
RESOLUTION NO. 2011-25 AMENDING THE CITY'S
COMPENSATION PLAN TO ESTABLISH NEW
CLASSIFICATIONS OF ADMINISTRATIVE COORDINATOR AND
HUMAN RESOURCES TECHNICIAN.
7. PUBLIC HEARING:
7.1 CONTINUED PUBLIC HEARING – ADOPT RESOLUTION NO.
2011-48 ESTABLISHING AND ADOPTING A SCHEDULE OF
RATES, FEES AND CHARGES FOR BUILDING CONSTRUCTION
SERVICES PROVIDED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT.
ATCM/McLean presented a plan to correct the City's Building Fee !-
Schedules. The City incurs costs to provide professional services
ranging from personnel to equipment to general overhead.
Whereas, services such as public safety and parks are considered
benefits enjoyed by all residents, those services that directly benefit
an individual or organization are usually subject to user fees with
the prevailing wisdom being that the general public should not be
fully subsidizing services for which a private party is the primary
beneficiary. In September 2010 the Council approved a wide
ranging series of user fee adjustments. The Council's plan was
designed to bring the City's user fee schedule up to date for
business costs following twelve years of static rates. To remain
current, an annual escalator based on the Federal CPI index was
built into the plan. The only user fee category not adjusted last
September were those for Building Construction Services and
tonight's correction is to cover that particular service category. At
that time, it was thought that those fees had been subject to regular
updates over the years; however, as it turns out, these adjustments
were only partially implemented leading to tonight's correction.
ATCM/McLean explained that permit fees are based on the size
and value of the construction project. The project's value is
classified by project type and is calculated by multiplying the —
established per square foot value of the project by the overall size.
Permit fees are then set in integrals as the valuation of the project
NOVEMER 15, 2011 PAGE 5 CITY COUNCIL
increases. That value then corresponds to the City's adopted fee
schedule as presented in the power point presentation.
ATCM/McLean stated that currently, the City's permit fees are
unchanged from their 1998 adoption. The comparison shows that
D.B. Building Construction Permit Fees are significantly lower than
those of similar agencies. The valuation component of the City's
formula is a hybrid of the industry standard tables produced by the
International Building Code Council and those produced in-house
by LA County. The current model was created to account for
localized market factors and specialized construction types not
included on the industry standard valuation table. This needs
correction to provide a more consistent foundation for greater
defensibility going forward.
ACM/McLean explained that to better position the City going
forward, staff recommends the City Council approve changes to the
Building Construction Fee Schedule as proposed: 1) Amend the
City's thirteen year old permit fee schedule to match that of the
County baseline and maintain an annual escalator based on the
Federal March -to -March CPI Index; 2) As new ICC tables are
published the City would then implement up to date; and, 3) All
ancillary construction activities not included on the industry
standard ICC published table would be rolled over from the current
table with no changes to those items.
ATCM/McLean offered examples of various projects and how these
changes would affect the cost of those projects. ATCM/McLean
stated that while the proposed corrections will increase fees to
current levels, market research indicates that the City's rates would
still rank among the lowest in the area and would maintain D.B.'s
business -friendly policies while helping to offset the City's service
costs. Therefore, staff recommends that the City Council adopt the
Building Construction Fee corrections as presented.
M/Tye reopened the Public Hearing.
With no one present who wished to speak on this matter, M/Tye
closed the Public Hearing.
C/Herrera felt it was important for the City to keep pace with rising
costs and not place an undue burden on residents.
C/Herrera moved, C/Tanaka seconded to Adopt Resolution No.
2011-48 Establishing and Adopting a Schedule of Rates, Fees and
Charges for Building Construction Services provided by the
Community Development Department. Motion carried by the
NOVEMER 15, 2011 PAGE 6 CITY COUNCIL
E
following Roll Call vote:
AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka,
MPT/Chang, M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
COUNCIL CONSIDERATION: None
COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER
COMMENTS:
C/Everett said he appreciated hearing from Library Manager Jesse Lanz
about all the programs offered by the library offered. He stated that The
Friends of the Library is a very active group that supports not only the
community library but the school libraries as well. On Wednesday,
November 2 the Friends held their annual Community Librarian
Recognition/Appreciation event which was well-received by the librarians
and schools. Ken Cramer, Public Affairs for LA County
Spoke during this event offering informative and creative ideas for future
library facilities. He thanked the Friends and librarians in the schools and
in the community. On Wednesday November 9 the veterans were
recognized. It was a great event with many local participants. Ten
Certificate Plaques were presented to those veterans who had not yet
received them. Most significantly, Ryan Rouse who had returned home
was presented with his banner. He attended an Eagle Court of Honor for
Michael Garza of Troop 730 whose mother and brother and are also
involved in Eagle Scouts. He thanked Jack Shah for hosting the Sunshine
Senior's Diwali New Year's Celebration and thanked the Senior's for the
commitment to the Sankara Eye Foundation. He wished everyone a
happy holiday season.
C/Herrera thanked the Diamond Bar Community Foundation for co-
sponsoring "Through My Lens" photo contest. Last Saturday the
Foundation held its Fundraising Gala which was well attended. This is the
organization that works hard to raise money for the benefit of other
charitable organizations and individuals in D.B. and the Council and
residents appreciate all of their good work and contributions. In the past
she has talked about the National Parks Service and a study that has
been going on since 2005. The draft report has been published and
asked staff to provide the City Council with a brief summary. She has
anxiety about the content and in particular the implications to D.B. D.B.
has 8,000 acres that surrounds the city and if all of that becomes part of
the National Parks system there are Federal guidelines and restrictions
that will go along with it and believes D.B. needs to understand what that
means for the City. In the past, the City has looked to consultant Gary
NOVEMER 15, 2011 PAGE 7 CITY COUNCIL
Neely who has a great deal of knowledge and expertise and she would
like for staff to work with Mr. Neely on this matter. She knows that the
National Parks Service is recommending different options and would like a
brief summary of what those options are and the implications of each as
well as, which options the National Parks Service is recommending and
how that would impact D.B. The deadline is December 15 and she is
feeling anxious that if there are things the City Council needs to do it
should be done in order to have an impact. She thanked her D.B.
supporters who voted for her to continue to serve the City. She is honored
to have been elected to be the representative of the residents for another
four years.
C/Tanaka said he too attended the Librarians Appreciate Luncheon which
was hosted by the D.B. Friends of the Library; the Diwali New Year's
Celebration hosted by the Sunshine Senior Citizens Club and enjoyed the
moving presentation about the Sankara Eye Foundation that is working to
build hospitals and help eradicate blindness in India. He attended the
Veterans Recognition Ceremony which was an outstanding event and
thanked Andee Tarazon for coordinating the event. He congratulated the
10 veterans who were presented Certificate Plaques and congratulated
Ryan Rouse who received his street banner which was retired that day.
Last Saturday he accompanied the DBHS Leo Club delivering dozens of
thank -you letters to the veterans at the Long Beach Veterans Hospital. He
attended the eighth Diamond Bar Community Foundation Gala; and,
congratulated D.B.'s newest Eagle Scout, Michael Garza from Troop 730.
That evening he attended the D.B. Women's Club fundraising dinner. This
afternoon the D.B. Seniors Citizen's Club held its Thanksgiving luncheon
and honored a dozen members that are 90 -years plus of age. He thanked
his supporters who voted for him to retain his City Council position for the
next four years. He will continue to serve the City from the bottom of his
heart. He and his wife Wanda wished everyone a Happy Thanksgiving.
MPT/Chang encouraged everyone to follow her on Facebook and Twitter.
She will not repeat a lot of the events that were mentioned. She also
attended those events and residents can read her comments on Facebook
and Twitter. She noted that she also attended the South Point Middle
School band performance where she spoke about the zip -code
consolidation matter and answered questions. She reminded residents
that they have 15 days to return the survey that was issued by the USPS.
Please contact the City if there are questions about the survey. She
congratulated Chairperson Jody Roberto of the Diamond Bar Community
Foundation for a fabulous Gala. She congratulated her colleagues
C/Tanaka and C/Herrera on winning re-election to the Council. She is
involved regionally and sees a lot of different things and remains very
thankful that she lives in D.B. because she feels blessed to be working
with her colleagues and such a great staff. D.B. residents are really, really
fortunate. Today she had a lunch meeting with the Executive Director of
NOVEMER 15, 2011 PAGE 8 CITY COUNCIL
the League of California Cities LA Division at Tiella Restaurant and was
very surprised to see so many people she knew. It is great to see that
D.B. residents are visiting D.B. businesses and restaurants. She thanked
the residents for supporting the D.B. businesses and asked them to
please continue their support. She wished everyone a Happy
Thanksgiving.
M/Tye congratulated C/Tanaka on being elected to the City Council for a
third term and to C/Herrera for being elected for a fifth term. D.B. is a very
generous community. During the past couple of weeks there has been the
Diwali celebration, the Diamond Bar Community Foundation Gala and the
D.B. Women's Club Event all that were well attended. With the number of
individuals that attended these various events shows how generous D.B.
is and how seriously residents take their commitment to their various
causes. He wished his wife Patty a Happy Birthday and wished everyone
a Happy Thanksgiving. He asked that everyone take time to consider
their blessings and realize all that there is to be thankful for.
ADJOURNMENT: With no further business to conduct, M/Tye adjourned
the Regular City Council meeting at 7:40 p.m. l
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— \�, ,,, C
TOMMYE 6RIBBINS, CITY CLERK
The foregoing minutes are hereby approved this 6th day of December ,
2011.
Mayor