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HomeMy WebLinkAbout11/20/2012 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 20, 2012 CLOSED SESSION: 6:00 p.m., Room CC- 8 ► Government Code Section 54957 Public Employee — City Manager Performance Evaluation Public Comments on Closed Session Agenda — None No Reportable Actions Taken. CALL TO ORDER: Mayor Ling -Ling Chang called the Regular City Council meeting to order at 6:35 p.m. in the South Coast Air Quality Management District Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Council Member Steve Tye led the Pledge of Allegiance. INVOCATION: Ahmad H. Sakr, PhD, Islamic Education Center gave the invocation. ROLL CALL: Council Members Ron Everett, Carol Herrera, Steve Tye, Mayor Pro Tem Jack Tanaka and Mayor Ling -Ling Chang. Staff Present: James DeStefano, City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Greg Gubman, Community Development Director; Bob Rose, Community Services Director; Ryan McLean, Assistant to the City Manager; Ken Desforges, IT Director; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NEW BUSINESS OF THE MONTH: 1.1 Mayor Chang and the City Council presented a Certificate Plaque to Utako Takemoto, owner of Sushi Koo, 868 North Diamond Bar Boulevard upon the occasion of the 30t Anniversary of conducting business in the City. NOVEMBER 20, 2012 PAGE 2 CITY COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 CMIDeStefano stated that two Council meetings ago he referenced that the City was putting together a restaurant guide for the community which has now been published. Residents can find copies of the Restaurant Guide in the December City Newsletter. The guide talks about all of'the restaurants in the City, provides price point guides, website information (if available), and whether or not the restaurant provides delivery. This guide promotes choices within Diamond Bar as the City continues to promote "shop and eat Diamond Bar first". He thanked PIMIRoa and her staff for putting together the restaurant guide which will be updated throughout the year. 2.2 CMIDeStefano introduced Assistant Fire Chief Dave Stone who presented the Los Angeles County Fire Department's Strategic Plan. Assistant Fire Chief Stone stated that for the first time in the Department's history under Chief Daryl Osby's leadership has developed a strategic plan which he is presenting to the City Council. Approximately 95 department members were involved in the committee which labored for about a year and a half listing 12 specific goals identifying the County's short and long-term goals for operational effectiveness, fiscal sustainability and integrated service delivery. CITye felt that this is an excellent report describing the Fire Department's strategic plan and objective. Most importantly are those who offered their input to the Chief which is much like that of staff's input to the City Council of which the City Council appreciates. 3. PUBLIC COMMENTS: Jesse Lanz, Diamond Bar Library Manager, provided an update on current and future library events. Saturday, December 15 the Library will hold its Gingerbread House Workshop from 11:00 a.m. to 3:00 p.m. He also announced that the Library offers free downloadable and audio books and that the staff at the Diamond Bar Library wishes everyone a very Happy Thanksgiving. Joe Plunkett spoke about what he says he and his family have endured during the past four years with respect to a boarding house next door to NOVEMBER 20, 2012 PAGE 3 CITY COUNCIL his home. In the beginning it was a problem of a large number of men and vehicles around the area which has escalated to his wife being harassed when walking the dogs. In the last year and one-half there have been two death threats made to his wife. The inhabitants of the house are now harassing his son and have filed false police reports against his family. The last threat occurred about a month ago and resulted in his wife having to go to the hospital. He appreciates the work that DB and the Sheriffs Department have done but to no end. Mr. Plunkett has hired an attorney and is now considering civil action against the parties. He is looking to the City to stop the blight in his neighborhood. Dr. Melody Wallace, 23834 Country View Dr said she has lived in her home for seven years. She lives two doors down from the boarding house which impacts her life on a daily basis with respect to traffic and no parking in front of her home; drivers often sit in their cars drinking, eating, peering into her windows and leaving trash on the street in front of her home; being verbally harassed when attempting to pick up her mail in front of her home or wash her car in her driveway. Transient boarders come and go. She wanted to know why this behavior is tolerated by the City. Paula Dryburgh, 20744 East Crest Lane, Walnut (Diamond Bar), spoke as a 25 -year member of the Friends of the Library as well as, a six year member of the DB Women's Club. Last year the City chose Jack Tanaka as its Mayor Pro Tem who was the highest vote -getter in 2011 and served proudly as the City's Mayor in 2008. She asked the City Council to ensure that the City's wishes are met by installing Jack Tanaka as the new Mayor of the great City of DB in December. 4. RESPONSE TO PUBLIC COMMENTS: CMIDeStefano responding to comments made by Mr. Plunkett and Dr. Wallace stated that the City is aware of the problem on Country View Drive and the tension between property owners on that street and the property that was referenced. The. City sent a letter to the property owner where the alleged boarding house exists on October 10 based on the accumulated evidence at that point in history that led City staff to believe that a boarding house was being conducted on that property. In subsequent conversations with the property owner, the property owner refutes that determination by the City. The City continues to monitor the property, has had numerous site visits — some with notice, -some without notice by both City staff and Sheriff's Department personnel. There have been calls for service which the Sheriff's Department has responded to in that immediate area as a result of some of the tension between the property owners. The issue pertaining to whether or not an illegal land NOVEMBER 20, 2012 PAGE 4 CITY COUNCIL. use, i.e. that a boarding house .is taking place on that property, is very difficult to prove. There has to be specific evidence and findings determined in order to be successful in eradicating such a land use. A property owner can have guests stay at one's home and those guests can reside on the property indefinitely. The City needs to garner more evidence in order to refute the homeowner's statement that she is not operating a Board House.. The City is working very closely with the City Prosecutor, City Attorney, Sheriff's Department as well as, making regular visits to the property by various staff members in order to attempt to monitor the activities. This is a very difficult land use issue for the City. The other issues that were referenced may indeed need to be dealt with on a private party basis, which are outside the scope of the land use issues that the City is discussing. The City has been and will continue to be on this case. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Thanksgiving Holiday — November 22 and 23, 2012 — City Offices closed in observance of the Thanksgiving Holiday. City Offices will reopen Monday, November 26, 2012. 5.2 Holiday Diamond Ride — November 23 through January 1, 2013 for residents 18 and over. For more information or to schedule a ride call 1-800-578-6555. 5.3 Candy Cane Craft Fair -- December 1, 2012 -- 9:00 a.m. to 2:00 p.m., Diamond Bar Center, 1600 Grand Avenue. 5.4 City Council Meeting — December 4, 2012 - 6:30 p.m., SCAQMDIGovernment Center Auditorium, 21865 Copley Drive. 5.5 Home Holiday Decorating Contest Submittal Deadline — December 7, 2012. 5.6 Planning Commission Meeting — December 11, 2012 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.7 Traffic and Transportation Commission Meeting — December 13, 2012 — 7;00 p.m., Windmill Community Room, 21810 Copley Drive. 5.8 City Council Meeting — December 18, 2012 — 6:30 p.m., SCAQMDIGovernment Center Auditorium, 21865 Copley Drive. NOVEMBER 20, 2012 PAGE 5 CITY COUNCIL 6. CONSENT CALENDAR: C/Herrera moved, MPT/Tanaka seconded, to approve the Consent Calendar as presented. Without objection, the motion was so ordered. 6.1 CITY COUNCIL MINUTES - Regular Meeting of November 6, 2012 — Approved as corrected. 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of August 14, 2012 — Received and Filed. 6.2.2 Regular Meeting of October 9, 2012 -- Received and Filed. 6.3 PARKS AND RECREATION COMMISSION MINUTES -- Regular Meeting of September 27, 2012 — Received and Filed. 6.4 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of October 11, 2012 — Received and Filed. 6.5 RATIFIED CHECK REGISTER — Dated November 1, 2012 through November 14, 2012 totaling $996,244.10. 6.6 APPROVED SECOND AMENDMENT TO THE LICENSE AGREEMENT WITH LOS ANGELES SMSA PARTNERSHIP, DOING BUSINESS AS VERIZON WIRELESS, TO EXPAND AN EXISTING WIRELESS COMMUNICATION SITE BY APPROXIMATELY 53.85 SQUARE FEET AT SUMMITRIDGE PARK. 6.7 APPROVED AMENDMENT NO. 3 TO A PROFESSIONAL SERVICES AGREEMENT WITH GO LIVE TECHNOLOGY, INC. FOR A TOTAL FY 2012/2013 AUTHORIZATION AMOUNT NOT - TO -EXCEED $80,000, TO IMPLEMENT ENHANCED FUNCTIONALITY AND SUPPORT OF THE °CITYVIEW" INTEGRATED DATABASE SYSTEM. 7. PUBLIC HEARING: 7.1 ADOPT RESOLUTION NO. 2012-50: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AND ADOPTING FEES FOR INDUSTRIAL WASTE, SELF -HAULING AND LIMITED COLLECTION PERMITS. NOVEMBER 20, 2012 PAGE 6 CITY COUNCIL ATCMIMcLean stated that the City of DB collects user fees from customers when performing services that primarily benefit the individual requesting that service. Examples of such fees include the items presented during tonight's meeting beginning with Industrial Waste permits. Industrial Waste permits are required of any business which handles or disposes of industrial waste. DB requires permits and inspections in order to maintain public safety, prevent pollution as well as, other contamination of ground water. As a contract city, DB has an agreement with the County of LA to provide the expertise necessary to review, inspect and process these permits. Fees for Industrial Waste Permit services are charges to users by the County. These charges are the rates established by the City at -the commencement of its agreement with the County for these services which was signed in 1989. Despite the fact that the County's rates are significantly higher due to fee schedule amendments implemented over the years, fees are collected by the City in accordance with the 1989 agreement and the City is billed by the County which uses the most current rates which provides a gap between what the City collects and the County charges. As a result, DB is subsidizing the gap and to end this practice, staff recommends that the City's Industrial Waste Permit Fee Schedule be updated to match the County's current rates with annual CPI rate updates to maintain the matching increases. This change will result in a revenue -neutral fee schedule simply by requiring the users to pay the flat cost of the service. ATCMIMcLean continued by stating that the second recommended fee schedule amendments are related to the adoption of the City's Solid Waste Ordinance which was adopted by Council in 2010. This ordinance established two permits designed to provide waste disposal options to the City's residences and businesses for those who do not wish to utilize the services of the City's franchise waste haulers. Due to the ongoing audit work related to each of these permits staff recommends that fees for the services be established as provided in the ordinance staff has presented tonight. The first category of fee recommended is the self -hauling permit which allows residents to dispose of their own trash and recyclables at a licensed facility rather than using Waste Management for their home service. The second permit fee under the Solid Waste Ordinance recommended is the Limited Collection Permit issued to corporate applicants that perform services not otherwise covered by the franchisee such as eWaste recycling, construction and demolition and other types of recycling not covered by the waste NOVEMBER 20, 2012 PAGE 7 CITY COUNCIL haulers. Both permits require significant staff time with a monthly requirement that those corporations having these permits bring their documents to staff for review to make certain that they are fulfilling their requirements. Staff recommends that the City Council adopt the attached fee schedule amendments to ensure recovery of staff costs related to these permits. MlChang opened the Public Hearing. With no one present who wished to speak on this matter, MlChang closed the Public Hearing. ClHerrera said she appreciates how staff looks at ways to improve the way the City does business by maintaining a balance in the cost of doing business. It is always important to move forward with cost adjustments when imbalances are found. ClHerrera moved, C/Everett seconded, to Adopt Resolution No. 2012-50. Without objection, the motion was so ordered. 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTSICOUNCIL MEMBER COMMENTS. CITye said he believed that one of the things DB does best every year is the Veteran's Day Recognition event which is an opportunity to recognize veterans in the community who are currently serving, recently discharged, etc. and to him there was nothing more humbling this year than to see William Whiting come forward to accept recognition for his service and to accept recognition for his son, Richard, who 45 years ago died in-service in Viet Nam. William's tears were as fresh as the day his son died. He thanked staff for putting the event together which provided,a great venue for presenting service individuals with banners that had been hanging on the City's streets. Another terrific success of this year and many years past is the Dog Park dedication where many, many individuals brought their pets to enjoy the new wonderful amenity at Pantera Park. He reminded .everyone that Saturday, November 24 is Small Business Saturday and he hoped residents would remember to patronize businesses in DB. He reminisced about a phrase he heard Sunday at a Thanksgiving gathering "it is time to be grateful for thanksliving". There is so much to be grateful for in this community, in this country and in each individual's life. He said he hoped everyone would take time to enjoy their family and reflect on all of the blessings. NOVEMBER 20, 2012 PAGE 8 CITY COUNCIL C/Everett said it was indeed a pleasure to celebrate Veteran's Day proudly in this community. He thanked MPT/Tanaka, a soldier for over 24 years, the individuals who were honored and staff who put together a very honoring program. It was nice to have representatives from the community performing. The South Point Middle School band not only did a terrific job of performing patriotic songs but remained afterward to sit and dialogue with the veterans. As always, resident Jamie Beeman's singing provided a terrific accent to the day. He learned today that thanks to PIM/Roa, copies of professionally produced photographs will soon be available on the City's website for those who are interested. Students are always fascinating to him and every week he reads the principal's weekly newsletter from DRHS in which Principal Ripley has a full email letter to the students and interested parties. In one email, Principal Ripley referred to Salman Khan, owner of Khan Academy has tutorials available online at no cost that are being recognized by people like Bill Gates who provides this activity for his kids to sharpen their technical skills. Forbes Magazine has Salman Khan on its front page and while not a millionaire because he runs a non-profit organization he is passionate about education and deserving of his. recognition. ClEverett also learned that teachers are using Mr. Khan's tutorials in their classrooms. On Tuesday night he joined M/Chang, MPT/Tanaka and CITye in a great celebration to honor outgoing Mayor of Chino Hills, Gwen Norton Perry who was the first Mayor of Chino Hills and served the City for 22 years. Friday he was pleased to learn from staff about a musical "A Tribute to Hero's° at Chaparral Middle School. Conductor Greg Rochford, a music teacher for many years, had his 400 student string orchestras (6th, 7th and 8th graders) perform which was magnificent. Special local heros' honored were Jack and Wanda Tanaka for what they do in the community and for the school. He thanked speakers who participated in tonight's meeting and presented good information. He expressed his personal disgust about the problems expressed about the challenges and behavior of neighbors on Country View. He wished that the season of "Thanksgiving" would override all of the challenges the residents and country have and that everyone will enjoy their time with their family, friends and neighbors. Share gifts and give wherever able and enjoy a season that is American, Happy Thanksgiving. C/Herrera said there had been a lot of meetings and events. For the residents who are having issues she believes they heard staff say they will continue to try and help work through these issues. She is positive that staff will come to some resolution in this matter. For everyone else, she wished everyone a very Happy Thanksgiving. NOVEMBER 20, 2012 PAGE 9 CITY COUNCIL MPT/Tanaka spoke about attending the Librarian Appreciation Luncheon hosted by the Diamond Bar "Friends of the Library" for all librarians and principals in DB schools along with Pomona Unified School District Superintendent Martinez and Walnut Valley Unified School District Superintendent Dean Conklin. The DB library staff attended and took a tour of the new DB Library and heard a presentation about the Inland Valley Regional Spelling Bee and the endowment program the "Friends of the Library" sponsors. On Thursday he attended the DB Veteran's Recognition Ceremony during which seven new veterans were recognized and four banners were retired and presented to the returning soldiers and/or families. Veterans from each branch of the service were recognized and patriotic music selections were offered by the South Point Middle School band under the direction of Susan Willmering. That Saturday the Diamond Bar Community Foundation held its Gala and honored the PUSD. Music was performed by the DBHS Orchestra. There was a wonderful dinner, silent auction and dancing after. He thanked students from DB-4YOUTH "in Action" who helped with the event. As previously mentioned, Council Member Gwen Norton Perry from Chino Hills was honored for her 21 years of service as Mayor and Council Member since 1991. He attended the Chaparral Middle School Tribute to Heroes and it was wonderful to see so many musicians involved in the orchestra program. Saturday was the leash -cutting ceremonies at the Bark Park at Pantera Park. Hundreds attended with their dogs and all seemed to enjoy either the small dog or large dog areas. This is the only off -leash park in the City which is open seven days a week from dawn to dusk and added that the small gap in the fence is being looked at for repair and the water station is located on the outside of the park. Last Saturday and Sunday Leo Club students from DBHS wrote dozens of thank you notes and letters to all of the City's Veterans and personally delivered them to the Long Beach VA Hospital on Saturday and to the Loma Linda VA Hospital on Sunday. There were 28 female Leo's that helped Children's Librarian Ms. Julie with the "Girls Only" party at the Library on Saturday. Today was the DB Senior's Thanksgiving luncheon during which 17 members who are 90 years or older were recognized. The oldest member is 100 years old. He thanked DBHS students for attending tonight's meeting from their Civics class. There was only one Public Hearing item on tonight's agenda which helped shorten the meet- ing. He thanked Paula Dryburgh for her positive comments and affirmed to Mr. and Mrs. Plunkett and Dr. Wallace that the City will stay on top of the problem that exists on Country View Drive in hopes of bringing the matter to a positive resolution. NOVEMBER 20, 2012 PAGE 10 CITY COUNCIL M/Chang reminded everyone they could follow her on Facebook, Twitter and Foursquare. She attended the Diamond Bar Community Foundation Gala honoring the PUSD. Foundation President Jody Roberto and the Board did an excellent, job. The DBHS. Orchestra's performance was phenomenal. So many people commented on how wonderful the orchestra was and were surprised to learn that the performers were high school students. Congressman Ed Royce also attended. She serves on Cal Poly Pomona's National Development Council Board and the most recent meeting was last weekend. The Council is comprised of a variety of leaders across the US. The Board focuses on Cyber Security, SANS Education and the Water Initiative with the goal of creating an inter- disciplinary degree program that is formulated at Cal Poly. This is an excellent area in which to explore that goal and she hopes it will move forward given the issues with water. She participated in the League of California Cities League Leader's Workshop in Sacramento to establish strategic goals for the State League which will be finalized focusing on local control. With regard to this year's accomplishments, residents have most likely heard about the drama playing out in other cities in terms of budget challenges and even some cities facing bankruptcy. DB has an excellent staff. Her involvement on a regional level has allowed her to look at other cities and she is proud to say and proud be a part of DB to work with her colleagues and this City's staff. She knows staff will stay on top of the Country View issue which is a very unfortunate circumstance. This year the City was able to open a new Civic Center, Washington Mini Park, make improvements to Silver Tip Park and Trail Improvements. The dog park was a phenomenal ribbon -cutting ceremony. She has never seen so many people waiting for three hours prior to the actual ceremony. She felt sad for -those who had to wait in the rain and thanked all who participated. She was unable to take her dog to the opening ceremony but was able to do so the next day. She thanked staff, CSD/Rose and his staff as well as, Lieutenant Katz for his participation and PIM/Roa and PICIArellano for their support with bandanas, doggie bags, reusable handbags and name tags for the dogs. She and her colleagues appreciate staff members under the direction of the City Manager. She attended a Chamber of Commerce Government Affairs Committee meeting. The Chamber will be assisting her in developing a quarterly business forum which is intended to be launched in 2013 and address topics specific to businesses in DB. She reminded everyone that this Saturday is Small Business Saturday so please shop local businesses. She congratulated Sushi Koyo on 30 years of business in DB. She announced that she would adjourn tonight's meeting in memory of Michael Miyamoto who recently passed away from Leukemia and was the 2012 DB Relay for Life speaker; and, in memory of Larry Van Nostran, a 37 - year Council Member, nine -time Mayor, and strong supporter of California NOVEMBER 20, 2012 PAGE 11 CITY COUNCIL strong supporter of California Contract Cities Association and President of JPA from the City of Lakewood. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the Regular City Council Meeting at 7:40 p.m. in memory of Michael Miyamoto and Larry Von Nostran. TOMMY CRI BBINS,-,CITY CLERK The foregoing minutes are hereby approved this 4th day of De-ceii1ber 2012. p JACK TANAKA, MAYOR