HomeMy WebLinkAbout08/21/2012 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
AUGUST 21, 2012
CLOSED SESSION: 6:00 p.m., Room CC -8
Public Comments on Closed Session Agenda — None
Government Code Section 54956.9(a) Pending Litigation - City of Diamond Bar
et al v. Sheikhpour - Los Angeles Superior Court — Case No. KC064161
Closed Session adjourned at 6:35 p.m.
CALL TO ORDER: Mayor Ling -Ling Chang called the Regular City
Council meeting to order at 6:43 p.m. in the South Coast Air Quality Management
District Auditorium, 21865 Copley Drive, Diamond Bar, CA.
CA/Jenkins reported that tonight's Closed Session matter commenced at 6:00
p.m. There were no public comments on the Closed Session agenda and no
reportable action was taken. Closed Session adjourned at 6:35 p.m.
PLEDGE OF ALLEGIANCE: Council Member Ron Everett led the Pledge of
Allegiance.
INVOCATION: None.
ROLL CALL: Council Members Ron Everett, Steve Tye,
Mayor Pro Tem Jack Tanaka, and Mayor Ling -Ling Chang.
Absent: Council Member Carol Herrera was excused.
Staff Present: James DeStefano, City Manager; Michael
Jenkins, City Attorney; Dianna Honeywell, Finance Director; David Liu, Public
Works Director; Greg Gubman, Community Development Director; Bob Rose,
Community Services Director; Ryan McLean, Assistant to the City Manager; Ken
Desforges, IS Director; Kimberly Young, Associate Engineer; Grace Lee, Senior
Planner; Anthony Santos, Senior Management Analyst; Lauren Hidalgo, Public
Information Specialist; Raymond Tao, Building Official, and Tommye Cribbins,
City Clerk.
APPROVAL OF AGENDA: As presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
None
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Volunteer on Patrol Program — CM/DeStefano announced that the
City is looking for individuals to assist DB and the Sheriff's
Department in the Volunteers on Patrol Program. Interested
individuals should contact the City and/or Sgt. Saldeke at the DBI
Walnut Sheriff's Station on Valley Boulevard near Grand Avenue in
AUGUST 21, 2012 PAGE 2 CITY COUNCIL
Walnut or by calling 909-595-2264 ext. 2014.
2.2 Loss of Restaurants — CMIDeStefano reported that in light of the
downward turn in the economy during the past four to five years,
DB has seen large and small businesses come and go. Recently,
the City has seen the loss of Denny's Restaurant across the street
from DB High School which will be replaced by a non -restaurant
land use. CMIDeStefano stated that D'Antonio's Ristorante closed
and a new restaurant has opened called the "Hangout Cafe", a Thai
Restaurant which everyone is encouraged to visit and enjoy. The
Hangout Cafe is located at 909 North Diamond Bar Boulevard.
Carrow's Restaurant will be changing to a new concept known as
the Ranch House Cafe and Grill which will feature Sizzler -like fare
serving breakfast, lunch and dinner. DB is slated to be the location
of the second of 44 such restaurants.
2.3 Firestone Auto Service and Repair — CMIDeStefano further
reported that the franchise store on North Diamond Bar Boulevard
closed and a new automobile service and repair known as "Honest
Auto" will soon open in that location and will be the first to open in
California.
1. .PUBLIC COMMENTS:
Carolyn Anderson Corrao, Waste Management Services, announced that
"Bagster", a dumpster in a bag, is now available at Ken's Hardware, the
exclusive provider for the San Gabriel Valley, for $29.95 plus tax. Once
you have filled the Bagster, contact Waste Management and it will be
picked up.
Jesse Lanz, DB Library Manager, announced the opening of the new
library in the City Hall Building at 21800 Copley Drive and that there was
an impressive turnout for its grand opening last month. He thanked
community members and City staff for the successful event. He spoke
about upcoming programs at the new library, "Storytimes" for little ones on
Tuesday and Wednesday at 4:00 p.m. and the first three Saturdays of
each month at 10:30 a.m. On Saturday, August 25, Part I of "Gardening
the Easy Way" will be held for adults at 2:00 p.m. The annual Princess
Party with Miss Diamond Bar and her court will be held on Saturday;
September 22 at 1:00 p.m. All princesses' ages 2 through 12 are invited
to join in the event.
2. RESPONSE TO PUBLIC COMMENTS: None
AUGUST 21, 2012 PAGE 3 CITY COUNCIL
3. SCHEDULE OF FUTURE EVENTS:
5.1 Concerts in the Park — August 22, 2012 -- 6:30 p.m. to 8:00 p.m.,
"Cash up Front" (Tribute to Johnny Cash) — Sycamore Canyon
Park, 22930 Golden Springs Drive.
5.2 Movies Under the Stars — August 22, 2012 — Puss in Boots —
Immediately following Concerts in the Park, Sycamore Canyon
Park, 22930 Golden Springs Drive.
5.3 Parks and Recreation Commission Meeting — August 23, 2012 —
7:00 p.m., Windmill Community Room, Diamond Bar City Hall,
21810 Copley Drive.
5.4 Planning Commission Meeting —August 28, 2012 — 7:00 p.m.,
Windmill Room, Diamond Bar City Hall, 21810 Copley Drive.
5.5 Labor Day Holiday — City Offices closed in observance of Labor
Day, September 3, 2012. City Offices reopen Tuesday, September
4, 2012 at 7:30 a.m.
5.6 City Council Meeting — September 4, 2012 — 6:30 p.m., SCAQMD
Auditorium, 21865 Copley Drive.
5.7 Diamond Bar "Day at the Los Angeles County Fair" -- September 6,
2012 — Los Angeles County Fair Grounds, Pomona.
5.8 Trail Meeting — Consideration of the Grand View Trail Link —
September 11, 2012 — 7:00 p.m., Diamond Bar Center, 1600 Grand
Avenue.
6. CONSENT CALENDAR: CITye moved, C/Everett seconded, to approve
the Consent Calendar with the exception of Item 6.15 removed for further
discussion by ClEverett. Without objection motion was so ordered with
C/Herrera being absent.
6.1 CITY COUNCIL MINUTES — Regular Meeting of August 7, 2012 —
Approved as submitted.
6.2 RECEIVED AND FILED PARKS AND RECREATION
COMMISSION MINUTES — Regular Meeting of June 28, 2012.
6.3 RATIFIED CHECK REGISTER Dated August 2, 2012 through
August 15, 2012 totaling $897,131.43.
6.4 APPROVED ADJOURNING THE AUGUST 21, 2012 CITY
COUNCIL MEETING TO SEPTEMBER 18, 2012.
AUGUST 21, 2012 PAGE 4 CITY COUNCIL
6.5 APPROVED FIRST AMENDMENT TO THE FRANCHISE
AGREEMENT WITH WASTE MANAGEMENT ESTABLISHING A
SERVICE RESUMPTION FEE.
6.6 APPROVED NOTICE OF COMPLETION FOR THE PATHFINDER
ROAD EROSION CONTROL PROJECT.
6.7 APPROVED EXONERATION OF SURETY BOND NO. 734168S IN
THE AMOUNT OF $1,047,604 POSTED BY JCCL-SOUTH
POINTE WEST, LLC FOR TENTATIVE TRACT NO. 63623 TO
COMPLETE GRADING IMPROVEMENTS OF THE TRACT
DEVELOPMENT.
6.8 ADOPTED RESOLUTION NO. 2012-42: APPROVING THE
APPLICATION FOR $89,639 OF HABITAT CONSERVATION
GRANT FUNDS WITH A REQUIRED $89,639 MATCH FROM THE
CITY, FOR THE GRAND VIEW TRAIL LINK IN THE
SUMMITRIDGE PARK TRAIL SYSTEM.
6.9 APPROVED NOTICE OF COMPLETION FOR THE MEDIAN
MODIFICATION PROJECT AT DIAMOND BAR BOULEVARD AND
CLEAR CREEK CANYON DRIVE.
6.10 AWARDED CONTRACT TO TORRES CONSTRUCTION, INC.
FOR CONSTRUCTION OF THE ACCESSIBLE WALKWAY AT
THE PANTERA PARK DOG PARK IN THE AMOUNT OF
$94,491.25; PLUS A CONTINGENCY OF $9,450 (10%) FOR A
TOTAL AUTHORIZATION OF $103,941.25
6.11 APPROPRIATED $7,210 FROM PROPOSITION C RESERVE
FUND AND APPROVED CONTRACT AMENDMENT WITH TSR
CONSTRUCTION AND INSPECTION FOR THE COPLEY DRIVE
BUS STOP RELOCATION PROJECT IN THE AMOUNT OF $8,810
FOR A TOTAL AUTHORIZATION AMOUNT OF $32,210.
6.12 ADOPTED RESOLUTION NO. 2012-43: AMENDING THE
COMPENSATION PLAN TO ESTABLISH THE CLASSIFICATION
OF SENIOR FACILITIES MAINTENANCE WORKER AND
AMENDING THE FISCAL YEAR 2012-13 BUDGET TO REFLECT
THE MODIFICATION.
6.13 APPROPRIATED $33,990 FROM THE INTEGRATED WASTE
MANAGEMENT SPECIAL FUND AND APPROVED
PROFESSIONAL SERVICES AGREEMENT WITH SUSTAINABLE
ENVIRONMENTAL MANAGEMENT COMPANY (SEMCO) IN AN
AMOUNT NOT TO EXCEED $33,990 FOR AUDIT OF SOLID
WASTE HAULED SERVICES.
AUGUST 21, 2012 PAGE 5 CITY COUNCIL
6.14 AWARDED DESIGN AND CONSTRUCTION ADMINISTRATION
SERVICES CONTRACT FOR THE 2012-13 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP
INSTALLATION PROJECT TO DMS CONSULTANTS, INC. IN
THE AMOUNT OF $30,360 AND AUTHORIZED A CONTINGENCY
AMOUNT OF $3,000 FOR CHANGE ORDERS TO BE APPROVED
BY THE CITY, MANAGER, FOR A TOTAL AUTHORIZATION
AMOUNT OF $33,360.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.15 ADOPT RESOLUTION NO. 2012-44. UPHOLDING THE
APPLICANT'S APPEAL, REVERSING THE PLANNING
COMMISSION'S DECISION AND APPROVING REVISIONS TO
DEVELOPMENT REVIEW NO. 2006-38 AND MINOR VARIANCE
NO. 2007-06 (CASE NO PL 2011-387), A REQUEST TO
APPROVE AS -BUILT CHANGES TO A NEW SINGLE FAMILY
RESIDENTIAL PROJECT UNDER CONSTRUCTION BY
INCREASING BUILDING PAD AND FINISHED GRADE
ELEVATIONS ON A LOT LOCATED AT 22909 RIDGE LINE
ROAD, DIAMOND BAR, CA 91765, AND FURTHER IDENTIFIED
ASSESSOR'S PARCEL NUMBER 8713-005-006 ("PROJECT
SITE").
C/Everett stated that in his opinion this is a complex resolution and
wanted to make sure that his concerns and points are clear to the
public. He asked for staff to report on the important conditions
starting on Page 8 "Special Conditions" highlighting items B, C and
D on Pages 8, 9 and 10.
M/Chang explained that this item is not a public hearing item and
therefore is not up for public discussion.
CDDIGubman stated that as directed by the City Council at its
August 7 meeting, staff is returning this evening with a Resolution
approving the project revisions. The Resolution is comprised of two
major components, the first being the Findings of Fact which staff
has prepared with the intent of reflecting the direction provided by
the City Council on August 7 as the basis for approving the
requested project revisions. The second component is the
Conditions of Approval which are the performance standards and
stipulations that must be complied with and adhered to, in order to
recommence the project and ultimately obtain the final signoff of a
completed project. Briefly, the conditions that are crafted
specifically to address the project revisions and to reconcile the
discrepancies that had occurred from the point of the prior
inspection that passed in November of 2010. Subsequent to that
AUGUST 21, 2012 PAGE 6 CITY COUNCIL
inspection,. there were revisions to the project that diverged from
the approved plans. With approval of the project revisions there is
a new baseline in terms of the grading elevations upon which the
building pad, retaining walls, terracing and slopes will be
constructed. With approval of that overall elevated set of grades,
these conditions include a number of requirements to ensure that
the revised baseline for the project is going to be in conformance
with the plans that must be resubmitted and approved. As a follow
up, staff has added special conditions to verify that the conditions
as completed through several procedures set forth in the conditions
to ensure that the project will adhere to the approvals. Under
Subsection (b) of the Conditions there are a list of requirements
that must be satisfied prior to the issuance of grading and retaining
wall permits, the first of which is a requirement for the engineer of
record to submit a geotechnical memo indicating that the revised
grading plan has been reviewed and is in conformance with the
geotechnical recommendations that were established to
accommodate the original grading plan. Obviously, with the
change in the grades that purportedly occurred as the result of a
survey error, the grading plan will need to be revised to reflect the
current conditions separate from other project discrepancies that
need to be remediated as part of the overall project. The
geotechnical memo will provide the engineer's verification that the
project, as it has been regarded and that will need to be adjusted in
areas to conform with all geotechnical recommendations; based on
the geotechnical conditions, soil types and similar descriptive
technical explanations for the existing soil conditions to
accommodate the structural requirements for grading. Additional
conditions are to ensure that the grades will be inspected at certain
milestones of the project up to and including completion of the
project. A final survey must be taken to ensure that the building
height as proposed and as would be approved upon adoption of
this Resolution, be two feet lower in overall building height than
what was originally approved. There will be a requirement for a
final survey to verify that the top of the structure is at the same
elevation that the top of the structure would have been under the
previously approved plans. Finally, there are a set of conditions
under Section D, Conditions 4 through 6 which require that the
engineer of record and the construction personnel follow explicit
directions set forth by the City's Building Official confirming the
retaining walls that have been constructed and that will need to be
retrofitted conform with the height limitations are structurally sound.
Because some of these walls have already been constructed and -
some of them will already have been cut down with others
reconfigured in various ways there will need to be some forensic
analysis of those structures to ensure their structural soundness.
There will need to be engineering reports and other methods to
AUGUST 21, 2012 PAGE 7 CITY COUNCIL
verify the structural integrity of those walls as directed by the City's
Building Official. These conditions establish that authority for the
construction management to comply with the orders deemed
necessary by the Building Official.
C/Everett said he appreciated staff's report because it is an
important Resolution and these conditions are absolutely essential
so that the errors that got the City to this point are not repeated.
ClEverett said he listened to all of the reports many times. His vote
would have been focusing on Finding #2 and 5 and that he found
no new information or evidence that would cause him to change the
decision of the Planning Commission which was to deny the
request. However, on August 7th Council voted 4-0 and he
respects and supports the conditions reviewed by CDD/Gubman.
What he takes exception and will cause him to vote "No" is Page 3
Factual Findings Item B2 (b) of the Resolution which talks about
what was previously called Findings No. 2.
Additionally, the second item on which he could not concur with his
colleagues was on Page 5, the item that was formerly Findings No.
5, Item E.
M/Chang asked CA/Jenkins to clarify C/Everett's interpretation.
CA/Jenkins responding to M/Chang's request stated that there was
a comment in staffs report when the item was heard by the City
Council on August 7 suggesting that the Council could base its
decision on new information. Staffs report also indicated that the
Hearing before the City Council on the appeal was "de Novo" which
means that the Council hears the matter brand new. Council gives
the matter a fresh look and does not rely on what the Planning
Commission did. The Council looksat the information on its own
perspective and comes to its own conclusion. In that regard, it may
have been ever so slightly misleading to suggest that there needed
to be "new" evidence for the City Council, for example, to disagree
with the Planning Commission. The City Council can look at the
same body of evidence looked at by the Planning Commission and
form its own conclusion based on its own independent evaluation of
the evidence, which is what the Council did. The record should be
clear that the essence of "de novo" review is that the City Council
takes a fresh and independent look at the evidence and draws its
own conclusions.
AUGUST 21, 2012 PAGE 8 CITY COUNCIL
MPT/Tanaka moved, CITye seconded, to Adopt Resolution No.
2012-44. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Tye, MPT/Tanaka, MlChang
NOES: COUNCIL MEMBERS: Everett
ABSENT: COUNCIL MEMBERS: Herrera
7. PUBLIC HEARING: None
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTSICOUNCIL MEMBER COMMENTS:
ClEverett said he hoped everyone had participated in National Night Out
during Concerts in the Park. He attended the Cities Contract meeting with
CMIDeStefano hosted by Sheriff Baca who gave an update and
conducted a Q&A on public safety in the County's communities. Librarian
Margaret Todd sat at the City's table and asked how the City felt about the
library being used during hot weather which was designated a community
cooling location. In the future, the community should know that this
resource has been tested and works well. He, MlChang and MPT/Tanaka
attended the Sheriff's picnic. ClEverett announced that tomorrow night at
6:30 is a Neighborhood Watch Meeting at the Willow Creek Road
neighborhood with retired Reserve Deputy Mark St. Amant leading the
event. For additional information about the program, residents can
contact LET Sandy Clark at City Hall, Extension 7077. He also spoke
about the beginning of school and asked everyone to watch out for
students and be safe.
CITye joined the community in congratulating Alex Morgan, DB resident
and her entire Women's Soccer Team for bringing home the Gold. He
appreciated what CMIDeStefano had to say about businesses in DB and
the closure of Denny's, which brought about many comments. One of the
claims made is that since Denny's is gone the do-nothing Council is not
doing anything about it. CITye said he believes nothing could be further
from the truth. This and many previous Council's have worked as hard as
possible to find businesses that want to do business in DB and continue to
support businesses that want to do business in DB. Thirty years ago at the
north end of DB was a business called Christian's Farmer's Market that
went by the wayside which was one of maybe five in a chain. Since his
family has lived in DB both Safeway and Ralph's has come and gone.
These are a result of corporate decisions and those corporations make
decisions in the best interest of their shareholders and employees. Other
such businesses as Blockbuster, Hollywood Video and Firestone have
closed. One of the first ribbon -cutting ceremonies he attended was for
Sprint or Verizon which is next to Basically Books and within a year that
AUGUST 21, 2012 PAGE 9 CITY COUNCIL
business was gone. He said he wanted to reiterate to anyone who will
listen is that the City Council does all that it can to recognize and attract
businesses in many ways including recognizing them as Business of the
Month and New Business of the Month so that residents will know what is
available. Whether it is Target or Chili's, national chains, have decided
DB is a good place to do business and the Council does what it can to
attract those businesses. He believed it was even more important as
residents to do whatever possible to make sure these DB businesses are
supported. Stop and buy gas in DB. Visit Joe at the Whole Enchilada, a
small restaurant business that competes with Chili's and other major
national restaurant chains in the surrounding areas. He felt one of the
best businesses that he has had the opportunity to enjoy in DB and has
been recognized as a New Business was Julie's Cafe in the Ralph's
Shopping Center with their Grand Opening last week. It is probably one of
the nicest and cleanest facilities one can visit. Residents have to do what
they can to support these businesses. DB needs these businesses. He
hoped that residents would partake of the last Concerts in the Park with
"Cash up Front", a concert sponsored by the Diamond Bar Community
Foundation. He asked that tonight's meeting be adjourned in memory of
Samuel Katz, brother of Lt. Steve Katz.
MPT/Tanaka said that during the past couple of weeks he has attended
Concerts in the Park and Movies under the Stars and tomorrow night will
be the last in the series for the year. He spoke about National Night Out
and thanked the volunteers from Target for their participation. Last
Saturday he and ClEverett attended the DB Youth Baseball end of season
celebration. He thanked RSIMcKitrick and his team for putting on such a
great event for which there was much praise by those in attendance. That
afternoon he helped Children's Librarian Julie McCaslin and the DBHS
Leos with the end of the summer reading program party at Pantera Park.
That evening he and ClEverett attended the Eagle Scout Court of Honor
for Derrick Marr and Jason Wong from Troop 777.
On Wednesday, August 15 he presented staff member Rick Yee with a
City Tile on behalf of MlChang and the City Council and wished him well
at his new position with the City of Yorba Linda. Last Thursday he
attended the Council of Governments Transportation Committee meeting
with PWD/Liu and that evening attended the Council of Governments
Governing Board meeting. Friday he attended the Ribbon -Cutting
Ceremonies for Julie's Cafe in the Ralph's Center and last Sunday
attended the DB/Walnut Sheriff's Station's family picnic.
MlChang reminded audience members that they could follow her activities
on Facebook, Twitter and Foursquare. She echoed CITye's comments
regarding shopping and eating in DB. She and CMIDeStefano have been
attending ICSC to search out retailers, restaurants, shopping center
developers, etc. hoping to attract them to locate in DB. Some retailers
AUGUST 21, 2012 PAGE 10 CITY COUNCIL
hesitate to locate in DB for reasons such as population density within a
three to five mile ratio. Between DB and Chino Hills and DB and Brea
there is open space and between DB and Walnut it is primarily warehouse
space. So it makes it very, very difficult for DB but it is DB`s priority to
continue its pursuit of businesses in terms of economic development. DB
is incredibly business -friendly. The City's business license is only $10 and
she has heard complaints from friends who live in LA with respect to what
they pay for business licenses. The owners of Massage Envy said that
DB was one of the easiest and best cities to work with in terms of opening
a business. Staff and the City Council are working very hard to attract
business to the City and urged everyone to continue to support DB
businesses. She congratulated fellow Brahma alumna, Alex Morgan. She
asked residents to stop by City Hall and sign the congratulations book for
Alex which the City Council would like to present to her in November. She
thanked the Diamond Bar Community Foundation for supporting the last
Concerts in the Park. The Foundation is also known for publishing The
Windmill. M/Chang announced that DB was rated one of the best places
to live by CNN Money Magazine. She also announced that she had been
nominated by Congressman Royce and his wife to be considered as a
delegate with the American Counsel of Young Political Leaders and was
recently selected to be a delegate to Japan representing the United
States. Because of this commitment and honor she will not be available
for the September meeting.
ADJOURNMENT. With no further .business to conduct, M/Chang
adjourned the Regular City Council Meetin at 7:34 p.m. in memory of Samuel
Katz, brother of Lt. Steve Katz.
TOMMYE CRIBBINS, CITY.CLERK
Thimg minutes are hereb a proved this 1_R h day of septe�her ,
261
JACK TANAKA, MAYOR PRO TEM