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Home My WebLink About05/01/2012 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 1, 2012 CALL TO ORDER: Mayor Ling -Ling Chang called the Regular City Council meeting to order at 6:32 p.m. in the South Coast Air Quality Management District/Govbrnment Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Council Member Steve Tye led the Pledge of Allegiance. INVOCATION: Pastor Bob Stebe, Northminister Presbyterian Church gave the invocation. ROLL CALL. Council Members Ron Everett, Carol Herrera, -Ling Chang Steve Tye, Mayor Pro Tern Jack Tanaka, and Mayor Ling Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Dianna Honeywell, Finance Greg Gubman, Community Development Director; Rick Yee, Senior Director, i Kimberly Young, Associate Engineer; Ryan McLean, Assistant to Civil Engineer the City Manager; Lauren Hidalgo, Public Information Specialist, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: CMIDeStefaho and CA/Jenkins requested that following tonight's Regular Meeting, Council recess to Closed Session for consideration of Government Code Section 54956.9(c) Conference with Legal Council — Initiation of Litigation — 1 Case. CA/Jenkins stated that in order to add this matter to tonight's agenda it requires a 2/3 majority vote by Council. C/Tye moved, C/Herrera seconded, to add the item to the Closed Session following the conclusion of the Regular City Council meeting agenda. Without objection, the motion was so ordered. 1 . SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 MIChang proclaimed May 2012 as Water Awareness Month and presented the Proclamation to Board President Allen Wu and Director Barbara Carrera. 2. CITY:MANAGER.REPORTS AND RECOMMENDATIONS: 2.1 CM/DeStefano announced that on Wednesday, May 16, the 4 - Corners Coalition would host the 3 Id Annual 2012 Economic Summit featuring panel discussions on the state of the economy at the local, regional and state level as well as the SCAG and its regional economic strategy. Call the City or contact the 4 -Corners MAY 1, 2012 PAGE 2 CITY COUNCIL 3. 4. 5. 6. Coalition for tickets. 2.2 Assistant Fire Chief Stone spoke about the Tonner Canyon Drill scheduled for May 9, 10 and 11 from 8:00 a.m. to noon. PUBLIC COMMENTS: None Offered RESPONSE TO PUBLIC COMMENTS: None SCHEDULE� OF FUTURE EVENTS: 5.1 Sycarnore Canyon Park Trail — Phase IV Dedication — May 5, 2012 — 10-00 a.m,, Sycamore Canyon Park Trail,. Diamond Bar Boulevard. 5.2 Planning Commission Meeting — May 8, 2012 — 7-00 p,m,, Windmill Community Room, Diamond Bar City Hall, 21810 Copley Drive. 5.3 Traffic and Transportation Commission Meeting — May 10, 2012 — 7:00 p.m., Windmill Community Room, Diamond Bar City Hall, 21810 Copley Drive. 5.4 23rd Annual City Birthday Celebration — May 12, 2012 — 11:00 a.m. to 5:00 p.m. — Carnival rides until 6-00 p.m. — Pantera Park, 738 Pantera Drive. 5.5 City � Council Meeting — May 15, 2012 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. CONSENT CALENDAR: C/Tye moved, C/Everett seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call - AYES: COUNCIL MEMBERS: Everett, Herrera, Tye, MPT/Tanaka, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES: 6.1.1 Study Session of April 17, 2012 — Approved as submitted. 6.1.2. Regular Meeting of April 17, 2012 - Approved as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES Regular Meeting of March 13, 2012. 6.3 RATIFIED CHECK REGISTER Dated April 12, 2012 through April 25, 2012 totaling $969,475.76. MAY 1, 2012 PAGE 3 CITY COUNCIL 6A APPROVED TREASURER'S STATEMENT — for March 2012. 6.5 APPROVED FISCAL YEAR 2012-13 CITY COUNCIL GOALS AND OBJECTIVES. 6.6 ADOPTED RESOLUTION NO. 2012-17 APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 011-N TO ADMINISTERING AGENCY -STATE AGREEMENT NO. 07-5455R FOR UTILIZATION OF FEDERAL FUNDS IN THE AMOUNT OF $1,120,000 ON THE SR 60/LEMON AVENUE PARTIAL DIAMOND INTERCHANGE PROJECT (RIGHT-OF-WAY PHASE) FEDERAL PROJECT #HPLU-5455(007). 6.7 APPROVED REPAIR AND LICENSE AGREEMENT FOR HELICOPTER LANDING SITE (HELISPOT 120A) BETWEEN THE CITY AND THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY. ACCEPTED WORK PERFORMED BY ACE CONSTRUCTION, 6,8 INC. FOR CONSTRUCTION OF SYCAMORE CANYON TRAIL — PHASE IV; DIRECTED THE CITY CLERK TO FILE THE NOTICE OF COMPLETION AND RELEASE THE RETENTION THIRTY- FIVE DAYS AFTER THE RECORDATION DATE. 6.9 SECOND READING OF ORDINANCE NO. 08(2012): AMENDING DIAMOND BAR MUNICIPAL CODE SECTION 1.04.010(e) REGARDING AWARD OF ATTORNEY'S FEES AND COSTS IN NUISANCE ABATEMENT ACTIONS. 6.10'APPROVED AMENDMENT NO. 1 WITH ALL CITY MANAGEMENT SERVICES, INC. TO EXTEND THE CURRENT CROSSING GUARD SERVICES CONTRACT FOR A PERIOD OF TWO (2) YEARS (JULY 1, 2012 THROUGH JUNE 30,2014). 7. PUBLIC HEARING: 7.1 ADOPT RESOLUTION NO. 2012-18: ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES, AND CHARGES FOR SERVICES PROVIDED BY THE COMMUNITY DEVELOPMENT, COMMUNITY SERVICES AND PUBLIC .WORKS/ENGINEERING DEPARTMENTS OF THE CITY OF DIAMOND BAR. ACM/McLean reported that this is the last stage of implementation of the Council's adopted User Fee adjustments. The majority of the City's user fees have gone unchanged since 1988. In September 2010 the City Council adopted a comprehensive adjustment plan to MAY 1, 2012 PAGE 4 CITY COUNCIL ensure that the City's subsidization of user fees was reduced. The adopted plan captures 12 years of missed CPI adjustments which total 29.4 percent from 1998 to 2000 and phases the adjustments in with 9.8 percent increments over three years. Concurrently, the annual CPI adjustment for each year of the phasing period is applied to ensure the City will not fall behind yet again. Staffs recommendation moves the Council's plan forward as follows: For all eligible fees in Planning, Public Works, Engineering and Building and Safety, Electrical, Plumbing and Mechanical categories with the final 9.8 percent phased adjustment in the March to March CPI for 2012, two percent is applied. This results in a standard adjustment of 11.8 percent for most fees in these categories. �Any fees found to be at full cost recovery levels are subject only to the annual CPI adjustment of two percent. Additionally, staff -recommends that the Deposit Based Fee for the traffic count plan check in the Public Works Engineering category be reduced to $750 per staffs review. Any project exceeding the newly lowered deposit amount will be subject to additional costs based solely on the size of the project and the costs incurred. The City's Building Construction user fees are subject only to a two percent CPI increase since the Council approved updates to this category in late 201 1.� Also, user fees for Community Services items remain unchanged and are not subject to any CPI adjustment at this time. Upon, approval by the City Council the user fees will become effective on July 1, 2012 with annual CPI adjustments applied administratively each year thereafter. MIChang opened the Public Hearing. With no one present who wished to speak on this item, M/Chang closed the Public Hearing. C/Herrera moved, C/Everett seconded, to adopt Resolution No. 2012-18: Establishing and Adopting Schedules of Rates, Fees, and �Charges for Services provided by the Community Development, Community Services and Public Works/Engineering Departments of the City of Diamond Bar. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tye, MPT/Tanaka, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MAY 1, 2012 PAGE 5 CITY COUNCIL 7.2 ADOPT ORDINANCE NO, 07A (2012): AN ORDINANCE EXTENDING URGENCY ORDINANCE NO. 07(2012) PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF LAND USES ON THE SITE OF THE FORMER DIAMOND BAR HONDA DEALERSHIP AND ITS ADJACENT PARCELS AT THE NORTHWEST CORNER OF THE SR601GRAND AVENUE INTERCHANGE PURSUANT TO GOVERNMENT CODE SECTION 65858. CDD/Gubman stated that because of continued uncertainty regarding the final configuration, size and constraints that would affect the Honda property as a result of planned freeway improvement projects and future of the adjacent Industry Business Park project a moratorium was placed on the site on April 3, 2012. That moratorium was good for an initial 45 days with expiration on May 18, 2012. Staff is currently in the process of studying and developing new zoning regulations that would apply to the Honda property. Part of that effort includes receiving proposals from consultants to guide the City with a marketing strategy to use in the crafting of the revised land use standards. Because of the time needed to accomplish this task, the matter will continue to be studied beyond the current May 18 expiration date. Under State law, the Council is authorized to extend the moratorium for an additional 10 months and 15 � days per the resolution which if passed, would extend the moratorium until April 3, 2013. Prior to that time, staff hopes to come back to the Planning Commission and the City Council with a zoning ordinance that would apply to the Honda property. M/Chang opened the Public Hearing. With no one present who wished to speak on this item, M/Chang closed the Public Hearing. C/Herrera moved, MPT/Tanaka seconded, to adopt Ordinance No. 07A (2012): An Ordinance extending Urgency Ordinance No. 07(2012) Prohibiting the Issuance of Permits for Establishment of Land Uses on the Site of the former Diamond Bar Honda Dealership and its adjacent parcels at the northwest corner of the SR60/Grand Avenue Interchange pursuant to Government Code Section 65858. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tye, MPT/Tanaka, M/Chang NOES: COUNCIL MEMBERS: None �ABSENT: COUNCIL MEMBERS: None MAY 1, 2012 PAGE 6 CITY COUNCIL 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTSICOUNCIL MEMBER COMMENTS: C/Everett thanked CA/Jenkins for conducting the Ethics Training on April 1 9th, On April 23rd Deanne Homes Assn. held a Neighborhood Watch meeting conducted by recently retired Deputy Mark St. Amant. He reminded residents to practice fire safety, weed clearing, safety and law enforcement at home, and to be prepared for earthquakes. He and MPTfTanaka attended the DBANalnut Sheriffs Station Volunteer Thank You and celebration recognition dinner. Last Friday he attended the Arbor Day Celebration at Pantera Elementary School where students planted five trees donated by West Coast Arborists. C/Everett joined 1000 people in attending the Walnut Valley Water District's 60th Anniversary presentatiW and open house. During Water Awareness Month residents are reminde a d to make water conservation a way of life. On Sunday he attended the 1 9th Annual Diamond Bar Friends of the Library's Wine Soiree and Benefit Auction and a week prior to that he attended the 19th Annual Spring Soccer Cottontail Country Classic. C/Tye congratulated the Diamond Bar Friends of the Library on a terrific 1 9th Annual Wine Soiree and offered a special thanks to Eileen Tillery, Kathleen Newe and Rick Rodgers. He hoped to see everyone at the 23rd City Birthday Celebration and that those who could would support the Diamond Bar Community Foundation Golf Tournament co-sponsored by the Rotary Club of Walnut Valley. C/Herrera s " aid that today, sadly, she attended the funeral for Father Donald Potthoff, former pastor of St. Denis Church and 41 -year resident of D.B. Father Potthoff was founder of St. Denis and pastor for 22 years at the Church.: She requested that tonight's meeting be adjourned in his honor. She� hoped that her colleagues and commissioners would attend the 4 Corner's Economic Summit that CM/DeStefano spoke about. MPT/Tanaka attended the DB Senior Spring Dance and Dinner last Thursday evening. Last Saturday he attended the Walnut Valley Educational, Foundation's Annual Teddy Bear Tea, a fundraiser for teacher's mihi-grants and other programs. Last Saturday and Sunday he attended the AYSO Region XXXI 1 9th Annual Cottontail Classic. He attended the Neighborhood Watch meeting which was very well attended. He attended the DB/Walnut Station Sheriff's Booster Recognition Dinner and he congratulated all seven honoree's. Last Friday he attended the Arbor Day Celebration at Pantera Elementary School where several groups planted trees. On Saturday he attended the Walnut Valley Water District's 60t� h Annual Anniversary Celebration. Last Sunday he attended the 1 9th Annual Diamond Bar Friends of the Library Wine Soiree. Father MAY 1, 2012 PAGE 7 CITY COUNCIL Potthoff served as pastor for 22 years, retired in 1993 and remained in DB until his passing. In December 2011 Father Potthoff celebrated his 90th Birthday. Next Monday, May 7, would have marked the 63`1 anniversary of his being ordained in to the priesthood and this coming Thursday will mark the 41't Anniversary of St. Denis Parish. M/Chang reminded everyone to follow her on Twitter, Facebook and Foursquare. According to Facebook the City's outreach was up 56 percent to over 1500 individuals the week of the originally scheduled City Birthday party. She thanked CA/Jenkins for running an excellent and fun Ethics training session. She was asked to speak at the Electrical Vehicle Forum during which she and Mayor Michael Cacciotti gave welcome remarks and along with other city officials participated on a panel regarding electrical vohicles and the cities' visions. She attended the Walnut Valley Educational Foundation's Teddy Bear Tea and engaged in a bidding war for a painting. She and CM/DeStefano attended the League Legislative Action Days in Sacramento last week and also participated in the San Gabriel Valley Legislative Caucus meeting and joined C/Herrera who Was present representing Foothill Transit. She thanked everyone who helped coordinate the Friends of the Library Wine Soiree event. Today she attended the Southern California Edison GAP (Government Advisory Panel) meeting. She and CM/DeStefano attended the meeting of the Oversight Board of the Successor Agency to the Industry Urban Development Agency meeting to urge the Board to approve previously allocated and obligated mitigation measures as required by the EIR's related to Grand Avenue, SR57/60 and Lemon Avenue. RECESS: MIChang recessed the regular meeting to Closed Session at 7:18 p.m, RECONVENE: M/Chang reconvened the City Council meeting at 7:55 p.m. CA/Jenkins reported that the City Council went into Closed Session at 7:30 p.m. There were, no public comments, no additions and no reportable action was taken. Closed Session was recessed back to the Regular Meeting at 7:55 p.m. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the Regular City Council Meetin t 7'.55 p.m . . in memory of Father Donald Potthoff . ,I A /Z1 TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 15t day of May 2012. Ll Y