HomeMy WebLinkAbout07/17/2012 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JULY 17, 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[Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Council Member Carol Herrera 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,
Mayor Pro Tem Jack Tanaka, and Mayor Ling -Ling Chang.
Absent: Council Member Steve Tye was excused.
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
Director; Greg Gubman, Community Development Director; Rick Yee, Senior
Civil Engineer; Ryan McLean, Assistant to the City Manager; Isaac Aziz, Network
Systems Administrator; Cecilia Arellano, Public Information Coordinator; Marsha
Roa, Public Information Manager, and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: CMIDeStefano requested that the City Council
consider an item be added to the Agenda entitled "Rejection of Bid from Kormx,
Inc. for construction of the accessible walkway at the Pantera Park Dog Park due
to contractor's failure to consummate the terms required by the project
specifications within the specified timeframe". CMIDeStefano stated that this
matter came up after the agenda had been posted and that the item would be
added under Council Consideration, item 8.2 in order for Council to consider
rejection of the contact as well as all other bids and direct staff to take the project
back out to bid.
C/Herrera moved, C/Everett seconded, to add Item 8.2 to tonight's agenda for
Council Consideration. Without objection, the motion was so ordered (4-1 CITye
absent.).
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Carol Quan, Special Assistant with LA County Tax Assessor's
office stated that there are many tax programs available to property
owners through the Assessor's Office website at
www.accessor.lacounty.-gov she also provided folders to the
Council outlining the different programs.
JULY 17, 2012 PAGE 2
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CITY COUNCIL
CMIDeStefano reported on the status of the ongoing code enforcement
case against the property owners responsible for the construction of the
Shell Gasoline Station at Diamond Bar Boulevard and Palomino. He
stated that there is a hearing scheduled for August 29 and that the
process has taken longer than staff would have liked due to a number of
steps needed to be taken for a successful outcome.
CMIDeStefano thanked staff person, Andee Tarazon who was responsible
for coordination of the 4th of July Celebration that took place at Lorbeer
Middle School. Not only is this a major event for the City every year, this
year was more significant because of the new venue at Lorbeer. Logistics
were significantly different than Diamond Bar High School and Sycamore
Canyon Park so the event required extensive effort and tremendous
coordination and cooperation with LA County Fire, Sheriff's Department,
the City's Public Works Department, the City's Public Information office as
well as many other staff and support services.
3. PUBLIC COMMENTS:
Steven Huang spoke about the State's plans to close Lanterman
Developmental Center and authorize private organizations to purchase 14
residential properties in the surrounding area to re -locate mentally ill
patients currently residing at Lanterman. Private individuals have recently
purchased a house in his neighborhood to house about five Lanterman
patients and the residents are very concerned about safety and the impact
on property values as well as, lack of proper patient care. They have
contacted the State of California to voice their opposition to this project
and the residents are asking the City Council to use its influence to stop
this program.
Tony Tai, 579 Rancheria Road, also spoke about his concerns of having
the residential care program in his neighborhood.
4. RESPONSE TO PUBLIC COMMENTS:
Responding to the two speakers, CMIDeStefano stated that the
Lanterman Center is a facility that has been adjacent to DB for 80 plus
years. As a result of decisions made by the State 10-12 years ago the
facility is slowing eliminating all of its services to the many clients it has
served. At one time there were approximately 1700 clients served by
about 3500 employees. Today it has 260 clients and about 900
employees. The State made a decision to begin the process of relocating
clients that were served by Lanterman to a variety of other placement
facilities throughout the State. By policy of various departments of the
State that oversee this type of effort and direction through legislative
JULY 17, 2012 PAGE 3
CITY COUNCIL
actions, these measures have been occurring. Of the 260 current clients it
is CMIDeStefano's understanding that these are the most severely
handicapped — not mentally challenged, but significantly and severely
physically handicapped persons, ones that require 2417 care by registered
licensed professionals. As Lanterman continues to reduce its population
placements are being made in a variety of communities throughout
California. The, facility on Meadcliff Place is one that is intended to house
five clients from Lanterman. Five human beings that have significant daily
needs. There are to be licensed nurses, LVN's, with oversight by other
agencies and the State. This is one of many placements that Lanterman
has made throughout the State. CM/DeStefano said it is his
understanding that it is likely there will be only one more placement within
the City for that type of home to care for those types of clients. Although
there are 260 remaining clients at Lanterman, based upon their specific
needs and available facilities and point of origin they will likely be
relocated to cities away from DB in other places within the State of
California. If a client from Lanterman originated from San Luis Obispo, for
example, the client would most likely be relocated to an appropriate facility
in that area. The decision to relocate a client is based upon the client's
needs, family member desires, available facilities and the point of origin
for the individual. With respect to the property on Meadcliffe, the State of
California 20-25 years ago took away from local cities any ability to
regulate the placement of what is called "Residential Care Facilities" which
house six persons or less. If the facility is six persons or less, DB, like all
other cities, is mandated by the State of California to treat that property no
differently than a single family home. That is why when an application for
a license to run the business of providing care for human beings in a
residential property is submitted to the City of DB, the City is obligated to
approve that request. The City has to ensure that the property meets
health and safety and fire codes as is the case with any other single family
home as well as to approve that request. Cities have no real discretion
and that is why there is no requirement for noticing and hearing for
discussion, debate, decision-making, and impact analysis. Building a
brand new home in DB requires certain permitting activities. If this were a
brand new facility it would require the same type of permitting activities.
DB has no authority to prohibit this type of land use which has been the
case for many, many years. The State determined that housing these
individuals in commercial areas was not the way to treat these human
beings and to acclimate and assimilate folks back into the communities. .
There are some communities that have larger facilities that require
different levels of licensing. DB does not now or anticipates having any
larger facilities. Over the years cities have attempted unsuccessfully to
change the law because cities have been concerned about the potential
for impacts. There have been no adverse issues in DB with these types of
facilities. Each year there are proposals for changes and each year those
proposals fail to make it out of committee. This year there was a measure
to provide additional oversight through a licensing process proposed by a
JULY 17, 2012 PAGE 4 CITY COUNCIL
northern California assemblyman who upon sensing the feelings and the
impact of his colleagues in committee withdrew his proposal. Both
Senator Huff and Assemblyman Hagman have had experiences working
within their municipalities with these types of programs. Senator Huff and
Council Member Herrera were closely involved with the closure plan for
Lanterman that resulted from DB's successful opposition to the proposed
enlargement of the Lanterman facility. Folks can certainly express their
feelings to state officials but it is unlikely that the State will be swayed from
its position with respect to these developmentally challenged human
beings.
C/Herrera stated that Lanterman does not have mentally ill patients or
clients. Mentally ill clients are housed in mental hospitals. Lanterman has
developmentally challenged individuals and these are mentally and
physically developmentally challenged individuals. The few clients that
remain at Lanterman are the most extreme developmentally disabled.
They most likely do not walk around, they will not be outside unless
someone puts them in a wheelchair and takes them outside. These are
not mobile individuals. When it comes down to the last remaining client(s)
they will most likely go into a regional center which DB does not have.
These individuals need oxygen and other extreme measures to keep them
alive. Safety of residents of DB is of primary concern to this City Council
and staff and the City always watches out for situations that might
compromise the safety of its individuals and if necessary, take aggressive
action to keep residents from harm.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Concerts in the Park — July 18, 2012 — 6:30 p.m. to 8:00 p.m., "The
Answer" (Classic Rock) — Sycamore Canyon Park, 22930 Golden
Springs Drive.
5.2 Movies Under the Stars — July 18, 2012 — Grease — Immediately
following Concerts in the Park, Sycamore Canyon Park, 22930
Golden Springs Drive.
5.3 Planning Commission Meeting — July 24, 2012 -- 7:00 p.m.,
Windmill Room, Diamond Bar City Hall, 21810 Copley Drive.
5.4 Concerts in the Park — July 25, 2012 — 6:30 p.m. to 8:00 p.m., "The
Silverado's" (Country Variety) — Sycamore Canyon Park, 22930
Golden Springs Drive.
5.5 Movies Under the Stars — July 25, 2012 — Winnie the Pooh —
Immediately following Concerts in the Park, Sycamore Canyon
Park, 22930 Golden Springs Drive.
JULY 17, 2012 PAGE 5 CITY COUNCIL
5.6 Parks and Recreation Commission Meeting — July 26, 2012 — 7:00
p.m., Windmill'Room, Diamond Bar City Hall, 21810 Copley Drive.
5.7 Grand Opening of the Diamond Bar Branch of the Los Angeles
County Library — July 28, 2012 — 10:00 a.m., 21800 Copley Drive.
5.8 City Council Meeting — August 7, 2012 — 6:30 p.m., SCAQMD
Auditorium, 21865 Copley Drive.
CONSENT CALENDAR: C/Herrera moved, MPT/Tanaka seconded, to
approve the Consent Calendar as presented. Motion carried by the
following Roll Call:
AYES: COUNCIL MEMBERS: Everett, Herrera, MPTITanaka,
M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Tye
6.1 CITY COUNCIL MINUTES — Regular Meeting of June 19, 2012 —
Approved as submitted.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES:
6.2.1 Regular Meeting of April 10, 2012
6.2.2 Regular Meeting of May 22, 2012
6.3 TRAFFIC AND TRANSPORTATION MINUTES — Regular Meeting
of May 10, 2012 — Received and Filed.
6.4 RATIFIED CHECK REGISTER dated June 14, 2012 through July
11, 2012 totaling $4,214,583.42.
6.5 APPROVED TREASURER'S STATEMENT for May 2012.
6.6 ADOPTED RESOUTION NO. 2012-34: ESTABLISHING
LOCATIONS FOR POSTING OF CITY ORDINANCES,
RESOLUTIONS, AND/OR PUBLIC NOTICES REQUIRED BY LAW
TO BE PUBLISHED OR POSTED.
6.7 APPROVED AN UNLIMITED USE SERVICE PROPOSAL WITH
BLACKBOARD CONNECT FOR GOVERNMENT TO PROVIDE
CONNECT-CTY EMERGENCY NOTIFICATION SYSTEM
SERVICE THROUGH AUGUST 14, 2013 AT A COST OF
$34,830.98.
6.8 AUTHORIZED THE CITY MANAGER TO PURCHASE A CITY
HALL EMERGENCY GENERATOR FOR A NOT -TO -EXCEED
COST OF $130,000.
JULY 17, 2012 PAGE 6
CITY COUNCIL
6.9 AUTHORIZED THE CITY MANAGER TO PURCHASE HEWLETT
PACKARD SERVERS AND ADDITIONAL HARDWARE
REPLACEMENTS FROM HEWLETT PACKARD, CISCO AND
VENDORS ON THE CURRENTLY APPROVED VENDOR LIST
THROUGHOUT FISCAL YEAR 2012-13 FOR AN AMOUNT NOT -
TO -EXCEED $132,500.
6.10 APPROVED A THREE YEAR CONTRACT WITH COMDYN
GROUP, INC. FOR AS -NEEDED INFORMATION TECHNOLOGY
SERVICES FOR AN AMOUNT NOT -TO -EXCEED $110,000 FOR
THE PERIOD OF JULY 1, 2012 THROUGH JUNE 30, 2015.
6.11 APPROVED AMENDMENT NO. 1 TO THE CONTRACT WITH
EXCEL LANDSCAPE TO ADD WASHINGTON PARK TO THE
SCOPE OF WORK FOR LANDSCAPE MAINTENANCE
SERVICES FOR FISCAL YEAR 2012-13 IN AN ADDITIONAL
AMOUNT OF $3,900 PER YEAR, RESULTING IN A TOTAL
CONTRACT AMOUNT OF $333,575; PLUS A CONTINGENCY
AMOUNT OF $27,000 FOR AS -NEEDED WORK, FOR A TOTAL
2012-13 FISCAL YEAR AUTHORIZATION OF $360,575.
6.12 APPROVED AMENDMENT NO. 1 TO THE CONTRACT WITH
VALLEYCREST LANDSCAPE TO ADD THE MESA TRAIL AT
SYCAMORE CANYON PARK TO THE SCOPE OF WORK FOR
LANDSCAPE MAINTENANCE SERVICES FOR FISCAL YEAR
2012-13 IN AN ADDITIONAL AMOUNT OF $6,000 PER YEAR,
RESULTING IN A TOTAL CONTRACT AMOUNT OF $368,995;
PLUS A CONTINGENCY AMOUNT OF $25,000 FOR AS -NEEDED
WORK, FOR A TOTAL 2012-13 FISCAL YEAR AUTHORIZATION
OF $393,995.
6.13 ADOPTED RESOLUTION NO. 2012-35: AMENDING THE CITY'S
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM FOR FISCAL YEAR 2012-13 TO CANCEL CDBG
FUNDING FOR THE ADA RETROFIT IMPROVEMENTS -
LONGVIEW SOUTH MINI -PARK PROJECT AND REPROGRAM
FUNDS TO THE CURB RAMP INSTALLATION PROJECT IN THE
VICINITY OF PEACEFUL HILLS AND VICINITY OF GATEWAY
CORPORATE CENTER.
6.14 APPROVED EXTENSION OF CITYWIDE GRAFFITI REMOVAL
CONTRACT WITH GRAFFITI CONTROL SYSTEMS FOR FISCAL
YEAR 2012-13 IN AN AMOUNT NOT -TO -EXCEED $59,280.
JULY 17, 2012 PAGE 7 CITY COUNCIL
6.15 APPROVED CONTRACT WITH J.H. DOUGLAS & ASSOCIATES
FOR A COST OF $24,905 PLUS A 20 PERCENT CONTINGENCY
OF $5,000 FOR A TOTAL COST NOT -TO -EXCEED $29,905 TO
COMPLETE THE 2013 HOUSING ELEMENT UPDATE.
6.16 APPROVED FREEWAY AGREEMENT WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) FOR CONSTRUCTION OF A NEW WESTBOUND
ON-RAMP AT GRAND AVENUE AND STATE ROUTE 60.
6.17. AWARDED A THREE YEAR CONTRACT TO SJC 3
CONSULTING TO ADMINISTER THE CITY'S HOME
IMPROVEMENT PROGRAM (H1P) FOR AN AMOUNT NOT -TO -
EXCEED $20,000 FOR FISCAL YEAR 2012-13.
6.18 AUTHORIZED THE CITY MANAGER TO ENTER INTO A
SOFTWARE LICENSE AND SERVICE AGREEMENT WITH
SYMPRO, INC. TO PROVIDE INVESTMENT MANAGEMENT
SOFTWARE FOR A NOT -TO -EXCEED COST OF $30,000.
7. PUBLIC HEARING:
7.1 ADOPT RESOLUTION NO. 2012-36: AMENDING THE CITY'S
CONFLICT OF INTEREST CODE FOR DESIGNATED CITY
PERSONNEL AND RESCINDING RESOLUTION NO. 2010-29 IN
ITS ENTIRETY (ADDING THE POSITION OF FACILITIES
SUPERVISOR).
CCICribbins reported that every two years the FPPC requires cities
to review their Conflict of Interest Code and if necessary, make any
changes to accurately reflect job classifications that may fall under
the Conflict of Interest Code. On June 5, 2012 the City Council
adopted Resolution No. 2012-32 establishing job classifications and
salary schedules. In order to accurately match the city's personnel
system, the City's Conflict of Interest needs to be adjusted to
include the position of "Facilities Maintenance Supervisor". There
are no other additions, changes or deletions that need to be made.
MlChang opened the Public Hearing.
With no one present who wished to speak on this matter, MlChang
closed the Public Hearing.
C/Herrera moved, MPTITanaka seconded, to adopt Resolution
2012-36. Without objection, the motion was so ordered (4-1 Tye
absent).
JULY 17, 2012 PAGE 8 CITY COUNCIL
7.2 LIGHTING AND LANDSCAPE DISTRICTS 38, 39 AND 41.
A) ADOPT RESOLUTION NO. 2012-37: LEVYING AN
ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT
NO. 38 FOR FISCAL YEAR 2012-13.
B) ADOPT RESOLUTION NO. 2012-38: LEVYING AN
ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT
NO. 39 FOR FISCAL YEAR 2012-13.
C) ADOPT RESOLUTION NO. 2012-39: LEVYING AN
ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT
NO. 41 FOR FISCAL YEAR 2012-13.
CM/DeStefano stated that District No. 38, the City Wide District for
landscape assessment levy of $15 remains unchanged generating
about $268,000; District No. 39 remains at $130 as it has for
decades, generating about $162,000; and District No. 41 remains
at a rate of $220.50 generating a total of $122,157 in assessment
revenue. There are no changes to the number of parcels and to
the assessment amounts within the districts. The City Council
received a preview on these matters as part of the budget process
and its adoption in May and June. Staff recommends that the City
Council conduct a Public Hearing and conclude by approving and
adopting the three resolutions.
PWD/Liu provided a Power Point presentation and stated that the
total annual budget for District No. 38 is $281,217. Of that budget
amount, $267,720 is expected as assessment revenue at a rate of
$15 per parcel together with an approved budget of $13,497 from
the General Fund the annual budget will pay for the operation and
maintenance of District No. 38. District No. 38 contains a
maintenance area of slightly more than 10 -acres consisting of
17,848 parcels. District No. 39 annual budget is $244,382 of which
$162,630 revenue is anticipated from the $130 per parcel levy rate.
Together with an approved budget amount of $81,752 from the
General Fund the annual budget will pay for the operation and
maintenance of District No. 39. The total maintenance area is
60.45 acres with an estimated 1,251 parcels within the district.
District No. 41 budget is $159,180 and of that budget amount,
$122,157 in assessed revenue is anticipated from the $220 per
parcel levy rate. Together with an approved budget of $20,000
from the Prop A State Parks Fund as well as, $17,023 from the
General Fund this annual budget will pay for the operation and
maintenance for District No. 41. The maintenance area for District
41 contains 15.6 acres and includes an estimated 554 parcels.
JULY 17, 2012 PAGE 9 CITY COUNCIL
M/Chang opened the Public Hearing.
With no one present who wished to speak on this item, M/Chang
closed the Public Hearing.
C/Everett moved MPT/ Tanaka seconded to adopt Resolution No.
37, Resolution No. 38 and Resolution No. 39 as presented by staff.
Without objection, the motion was so ordered (4-1 C/Tye absent).
7.3 ADOPT ORDINANCE NO. 10A (2012): EXTENDING ORDINANCE
NO. 10(2012) PROHIBITING THE ISSUANCE OF PERMITS FOR
GUESTHOUSES AND SECOND UNITS IN THE LOW DENSITY
RESIDENTIAL (RL) ZONING DISTRICT IN ACCORDANCE WITH
THE PROVISIONS OF GOVERNMENT CODE SECTION 65858.
CDD/Gubman reported that on June 19 a moratorium was adopted
by the City Council in response to the discovery of a potential
proliferation of guesthouses and second units in a neighborhood in
the City that potentially posed a threat to the single family character
of the existing neighborhood due to relatively lax development
standards for those particular land uses. To properly ameliorate
the issue that could potentially occur if the current standards are
not amended, additional time is needed to revise the City's
Development Standards as they pertain to guesthouses and
second units. The initial 45 -day moratorium was adopted as an
urgency measure to stop the further issuance of permits for these
land uses. Now that the urgency measure has been taken, staff
recommends that an additional 10 months and 15 days be added to
the time of the moratorium so that staff can properly study the
matter and come back to the Council with a replacement ordinance
that would govern the replacement and criteria that would have to
be met for future guesthouses and second dwelling units to be
allowable in a single family neighborhood.
M/Chang opened the Public Hearing.
With no one present who wished to speak on this matter, M/Chang
closed the Public Hearing.
C/Herrera moved, C/Everett seconded, to adopt Ordinance No,
10A(2012): Extending Ordinance No. 10(2012) Prohibiting the
Issuance of Permits for Guesthouses and Second Units in the Low
Density Residential (RL) Zoning District in Accordance with the
Provisions of Government Code Section 65858. Without objection,
the motion was so ordered (4-1 Tye absent).
JULY 17, 2012 PAGE 10 CITY COUNCIL
8. COUNCIL CONSIDERATION:
8.1 FIRST READING OF ORDINANCE NO. 11(2012): ADDING
SECTIONS 12.00.430, 12.00.440, 12.00.450 AND 12.00.460 TO
THE DIAMOND BAR MUNICIPAL CODE ESTABLISHING RULES
FOR THE SAFE AND HEALTHY OPERATION OF THE DOG
PARK AT PANTERA PARK AND AMENDING THE DIAMOND BAR
MUNICIPAL CODE.
CSD/Rose stated that the City Council authorized construction of a
dog park at Pantera Park. If issues with the contractor are resolved
this week the dog park is scheduled to open by the end of summer
2012. For the safe and healthy operation of the dog park and to
reduce the City's exposure to liability, it is necessary to develop
rules that will be incorporated into the Municipal Code. The Draft
Rules have been developed with input from the following five
sources: 1) Southern California Joint Powers Insurance Authority;
2) the City Attorney; 3) Inland Valley Humane Society; 4) a review
of existing dog park rules from the Cities of Fullerton, San Dimas,
Claremont, Huntington Beach, Los Angeles and Arcadia; and, 5)
the Parks and Recreation Commission on June 28 with unanimous
recommendation for adoption. Twenty-six rules are recommended
for operation of the Dog Park, which are intended to provide a safe,
healthy and pleasant experience for use of the Dog Park for users
and their dogs. The rules are very similar to rules used at dog
parks in other cities.
C/Everett asked if staff solicited input from the LA County Sheriff's
Department.
CSD/Rose responded No.
ClHerrera asked if the Parks and Recreation Commission
unanimously adopted the 26 rules and whether the Commissioners
opted not to recommend adding any other than the 26 presented to
the Council.
CSD/Rose responded that in fact, the Commissioners removed a
couple of rules from the optional list which included eliminating
"spiked collars" and "users must obey all other park rules". The
remaining items the Commissioners chose not to include in the list
of proposed rules.
ClHerrera commented that dog owners cannot be in any of the
compounds and asked what type of fencing would be used to
separate small and large dogs. She was concerned that small
dogs might be able to gain access to the large dog compound,
JULY 17, 2012 PAGE 11 CITY COUNCIL
CSD/Rose explained that both dog park areas would be fenced
with chain link fencing and the two dog parks would be separated
by a concrete walkway. In addition, there are double entry gates
into each dog park area.
C/Everett took exception to the order of items and felt "dog owners
using the dog park are using it at their own risk" should be the first
thing dog owners see. The other significant item is "the City is not
responsible for injuries to owners and/or dogs or illnesses dogs
may contract from other dogs". He encouraged the Council to take
time to discuss this further and wanted to see a signoff that the
interested parties who participate in this dog park have reviewed
the list. He would like to have the Sheriffs Department included for
input and review because likely the Sheriff's Department would be
the first department called in the event of a problem at the park.
There was no one present who wished to speak on this matter.
C/Herrera moved, MPT/Tanaka seconded, to approve for First
Reading by Title Only, Waive Full Reading of Ordinance No. 11
(2012): Adding Sections 12.00.430, 12.00.440, 12.00.450 and
12.00.460 to the Diamond Bar Municipal Code Establishing Rules
for the Safe and Healthy Operation of the Dog Park at Pantera Park
and Amending the Diamond Bar Municipal Code.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, MPT/Tanaka,
M/Chang
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Everett
ABSENT: COUNCIL MEMBERS: Tye
8.2 TERMINATION OF KORMX, INC. CONTRACT.
CM/DeStefano stated that staff is asking the City Council to
consider rejection of the bid from Kormx for construction of the
accessible walkway at the Pantera Dog Park due to the contractor's
failure to consummate the terms required by the project
specifications within the specified timeframe. Also, reject all other
bids submitted for this project and direct staff to take this project
back out to bid. Today at about 5:11 p.m. staff received a letter
from Kormx which basically states that the outstanding document,
the bond that is needed will be provided to the City of DB no later
than Thursday, July 19.
JULY 17, 2012 PAGE 12 CITY COUNCIL
CSD/Rose reported that on June 5, 2012 the City Council awarded
a contract to Kormx, Inc. to construct the accessible walkway to the
Pantera Park Dog Park, Paragraph 16, Page 9 of the specification
requires the contractor to "secure all insurance and bonds as herein
provided within 10 days from the date of written notice of award.
Failure or refusal to enter into a contract as herein provided or to
conform to any of the stipulated requirements in connection
therewith shall be just cause for the annulment of the award".
Written notice of the award was sent to Kormx in a letter dated
June 7, 2012 from the City Clerk's office. As of tonight, the
contractor has failed to submit the required bonds to the City. This
failure on the contractor's part is just cause for the City Council to
annul the award. As previously mentioned, the City received a
letter from Kormx this afternoon promising to submit the required
bonds to the City of DB by this Thursday, July 19. The original
recommendation is for the City Council to reject the bid from
Kormx, reject all other bids received for this project and direct staff
to take this project back out to bid. Should the City Council wish to
hear from ' Kormx and grant them until Thursday to submit the
bonds, staff would have an alternative recommendation that the
City Council may wish to consider which would be to grant Kormx,
Inc. until Thursday, July 19, 2012 at 5:30 p.m., to deliver the
required bonds. Should Kormx, Inc. be unable to perform, staff is
then authorized to 1) notify Kormx, Inc. that their bid is rejected, 2)
reject all other bids, and 3) direct staff to go back out to bid with this
project.
Joseph Cardenas, Jr. stated that he would appreciate it if the
Council gave Kormx the additional time to provide the bonds. He
further stated that Kormx is an SBA bonded company and that
Kormx has provided all documentation except the final bonds which
were not obtainable due to the SBA requirements. He said he
understands it is at the owner's discretion to keep the job awarded.
SBA is currently not able to provide the bonds fast enough but
Kormx has been aggressively pursuing this matter. Kormx takes
great pride in being able to obtain the job in the City of DB.
Kormx's schedule has not been affected as of this date and Kormx
still plans to put this job in phase and in process, Kormx feels
confident it will be able to provide the final bonds for this project by
the end of this week meeting the submittal portion of the project
and continue next week with construction of the park. He asked
staff and the City Council to consider keeping Kormx on the project
and felt that if the City goes out to rebid it will result, in a much
longer delay of the project and believes Kormx can get the project
completed as originally intended.
JULY 17, 2012 PAGE 13 CITY COUNCIL
ClEverett asked Mr. Cardenas to confirm that he expects to have
the bonds to the City no later than July 19, 2012.
Mr. Cardenas replied that they would be able to provide the
necessary bonds by the end of the day on Thursday, July 19th.
ClHerrera moved, ClEverett seconded, to give Kormx until
Thursday, July 19, 2012 at 5:30 p.m. to provide the bond; if the
bond is not provided by that time the City Council rejects the bid
from Kormx, rejects all other bids and directs staff to go out to bid
again for this project. Without objection, the motion was so ordered
(4-1 Tye absent).
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTSICOUNCIL MEMBER COMMENTS:
ClHerrera thanked her colleagues for approving the resolution to allow a
Park `n Ride facility on Caltrans property. She believed the project would
be tremendously beneficial to residents of DB, many of whom have come
to her on numerous occasions to ask for more Park `n Ride spaces.
Residents have been ticketed for parking in business parking lots, they are
going to neighborhoods in the south end of DB, and there have been
hearings at the Traffic and Transportation Commission meetings on this
matter. Residents are frustrated because there are not enough Park `n
Ride spaces so this will be a great benefit for the residents of DB and
would reduce traffic and improve air quality by taking cars off of the
roadways. On June 26 there was a meeting with. DB, Foothill Transit and
Caltrans and Caltrans was' very impressed that DB already had a
resolution from its City Council and is now working on a cooperative
agreement between Caltrans and DB which should be ready by the end of
August. At the last meeting CMIDeStefano explained that Caltrans will not
work with public agencies such as Foothill Transit, they will only work with
cities and/or counties and they want to work with DB to complete the
agreement. At the same time, DB will begin working with Foothill Transit
on preparing a Memorandum of Understanding on the different
components, who will pay for what, who will maintain the facility, etc. Of
course, Foothill Transit will assume all of the costs. On June 29 at the
Foothill Transit Executive Board Meeting Foothill agreed to spend $88,000
on an EIR and $142,000 on architectural drawings which is great
progress. ClHerrera said she looked forward to this project coming to
fruition. On July 5 she attended a SCAG meeting and on the agenda was
the topic "Summer Readiness and San Onofre Nuclear Generating Station
Update." She explained that two units have been shut down due to
malfunctions and leakages, which reduces the electrical supply for the
area. Two units that were retired from service have been regenerated and
returned to service and will function until December 2012. ClHerrera
asked staff to invite Rick Mesa.from Southern California Edison to come to
JULY 17, 2012 PAGE 14 CITY COUNCIL
a future meeting to explain the possibility of rotating blackouts and what
residents might be able to do to conserve energy to avoid that eventuality.
MlChang stated that she sits on the Southern California Edison
Government Affairs committee and was told that conservation measures
will happen in Orange County due to San Onofre and that they are
working on a contingency plan for the summer. She agreed it would be a
good idea to have Rick Mesa attend a City Council meeting and speak to
the issue.
ClEverett thanked the speakers who spoke about the Lanterman closing
issue and thanked CMIDeStefano and ClHerrera for providing additional
information. He also thanked the Traffic and Transportation
Commissioners for their diligence and staff members who support the
Commissioners. He encouraged residents to review the May 10 minutes
to better understand what the Commission does and join them for a future
meeting. He spoke about volunteer groups and thanked and
congratulated MPTITanaka and his wife, Wanda jointly named by the
Lions Club International as "Lion of the Year" last month. The award is the
highest award and the Tanaka's were chosen from a field of 1.4 million
Lions and 46,000 clubs in 208 countries. The Tanaka's were honored for
their perfect attendance and many philanthropic projects.
MPT/Tanaka reported on his attendance at the DB Women's Club meeting
where he installed the new 2012-13 officers; and the Housing Scoping
meeting at Pantera Park. He congratulated Nathan Chan, DB's newest
Eagle Scout from Troop 737 who was the Valedictorian last May and will
attend Pepperdine University this fall. On June 30 he attended "Corp of
the Crest" held at Mt. SAC and hosted by Pacific Crest; on July 3
Lanterman Developmental Center held its Freedom Day Parade and
fireworks show. On July 4 he attended the City's annual fireworks show
and entertainment at Lorbeer Middle School and thanked CSD/Rose,
CSC/Tarazon and staff members. Only positive remarks were received
and the show was enjoyed by all. On July 11 he attended the first of the
season Concerts in the Park series and Movies Under the Stars. On
Thursday the Wildlife Corridor Conservation Authority held a
teleconference meeting and reorganization with no significant or
reportable items. He congratulated DB's newest Eagle Scout, Charlie
Lugar from Troop 730 and a recent DBHS graduate. He asked that
tonight's meeting be adjourned in memory of Bob Crawford, retired Parole
Agent for the California Department of Corrections and Rehabilitation and
Christy Cunico. MPT/Tanaka offered condolences to both families.
MlChang reminded residents to follow her on Twitter, Facebook and
Foursquare for updates on City activities in which she participates. She
thanked staff for sponsoring a great Contract Cities meeting. Senator Bob
Huff spoke and participants commended DB for its beautiful Diamond Bar
JULY 17, 2012 PAGE 15 CITY COUNCIL
Center. The 4th of July Blast was attended by the most enthusiastic crowd
she had ever witnessed. She congratulated CSCITarazon and CSD/Rose
and his staff for a great event. Last week was the first Concerts in the
Park which was well attended and she thanked the Community Services
staff for their efforts. She congratulated MPT/Tanaka and Wanda Tanaka
for their award and thanked them for all they do for the community.
ADJOURNMENT. With no further business to conduct, M/Chang
adjourned the Regular City Council Meeting at 7:50 p.m. in memory of Bob
Crawford and Christy Cunico.
l
TOMMYL CRIBBINS, CITY.CLERK
The foregoing minutes are hereby approved this 7th day of AUgust ,
2012.
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