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HomeMy WebLinkAbout12/04/2012 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 4, 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 Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: MPT/Jack Tanaka led the Pledge of Allegiance. INVOCATION: Pastor Mark Hopper, Evangelical Free Church of Diamond Bar 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; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Ken Desforges, IT Director; Bob Rose, Community Services Director; Dianna Honeywell, Finance Director; Ryan McLean, Assistant to the City Manager; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: Approved as presented. CITY COUNCIL REORGANIZATION: 1. Selection of Mayor: M/Chang nominated MPT/Tanaka to serve as Mayor. C/Everett seconded the nominations. No other nominations were offered. MPT/Tanaka was declared Mayor by acclamation. 2. Selection of Mayor Pro Tern: C/Chang nominated ClEverett to serve as Mayor Pro Tem. M/Tanaka seconded the nomination. ClEverett was declared Mayor Pro Tem by acclamation. 3. Presentations to Outgoing Mayor The following presentations were made to outgoing Mayor Chang: MlTanaka presented a Certificate on behalf of Congressman Gary Miller's Office; Jody Roberto representing Senator Bob Huff, as well as congratulating her on behalf of Congressman Ed Royce's office. Angie Valenzuela representing Supervisor Don Knabe's Office; Frank Guzman, Board Member representing the Pomona Unified School District; Assistant Fire Chief Dave Stone representing the LA County Fire Department; Lt. Steve Katz, representing the DBNValnut Sheriffs Station, and Sam Olivito, Executive Director, California Contract Cities. December 4, 2012 PAGE 2 CITY COUNCIL M/Tanaka and the DB City Council presented outgoing Mayor Chang with a ceremonial gavel. CITye stated that outgoing Mayor Chang was the only Cougar of the Month that ever served on the City Council; the first and only DB Brahma graduate to ever serve on the City Council; and, the first female Asian - American not only to serve on the City Council but to serve as Mayor. Therefore, it seems appropriate that she receive something that is one and only for her to remember her Council colleagues by. On behalf of the City Council, CITye presented her with the one and only Ling -Ling Chang Bobble Head Doll which read "Ling -Ling Chang, Diamond Bar Mayor, 2012". This reminds CITye as one previously stated, "When you were born, not only did they break the mold but they beat the daylights out of the mold maker". Mayor Chang said it was her tremendous honor to serve as the City's Mayor and spoke about the accomplishments during her tenure: the opening of the new Civic Center including the City Hall and Library; two parks (Washington Mini Park and the Bark Park); making improvements to Silver Tip Park and Trails Improvement. She congratulated staff and the City Council for a job well-done in 2012 and again thanked residents, her colleagues, the League and Contract Cities and staff, for their support. RECESS: M/Tanaka recessed the City Council meeting at 6:52 p.m. RECONVENE: M/Tanaka reconvened the City Council meeting at 7:15 p.m. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CMIDeStefano announced that the December issue of the City News is in print and should arrive in mailboxes soon. In addition to the contents that specifically call out the winter 2013 Recreation Guide, there is information and advertisements of more than 150 opportunities for residents to participate in City offerings including programs, classes and entertainment. The December issue of City News also includes the new restaurant guide as previously mentioned, which illustrates some 90 restaurants within the community and presents an opportunity to learn more about these local restaurants, where to -dine in DB and to support the local business community. As the previous and current editions focus on these guides, residents need to be mindful that a portion of the sales tax dollars they pay when purchasing meals or products come back to the City. Dollars which are needed to help support funding for public safety, roadway and park improvements, etc. including those 150 opportunities listed in the December City News. December 4, 2012 PAGE 3 CITY COUNCIL 3. PUBLIC COMMENTS: Robert Deerfield, 23612 Jubilee Lane, asked if the City planned to take a stand on the Clean Water project tax assessment which would place a further burden on the residents of DB. Lew Herndon, Chairman, Parks and Recreation Commission, representing the Diamond Bar Community Foundation, pointed out that the adopted Parks Master Plan speaks to insufficient fields for sports organizations in DB. There are approximately 6000 kids who play youth sports and the Diamond Bar Community Foundation appointed him as the Sports Fields Committee Chairman. The Foundation has been conducting fundraising events throughout the year to raise funds to donate to the City to help alleviate the shortage. He announced that the local Rotary Club has teamed up with the Foundation and are sponsoring a car raffle. The prizes include two cars, two 47 inch TV's, two iPads, two iPods and a visa cards. The committee is seeking a donation of $25 per ticket. Many of the sports organizations, the Rotary, and the Foundation are selling these tickets. Anyone who cannot find a ticket can call him on his cell phone at 909-437-6366. Eileen Ansari, 1823 Cliffbranch Drive, congratulated M/Tanaka and MPT/Everett and thanked outgoing Mayor Ling -Ling Chang and Council Members. She thanked the City Council for the lovely bouquet and well - wishes on the occasion of her accident. She thanked Jack Tanaka and Ron Everett for their visits, bouquets and well -wishes and the many residents who sent cards and well -wishes during her three month hospital stay and long recovery. She wished everyone a nice holiday. Allen Wilson thanked outgoing Ling -Ling Chang for her time and congratulated Mayor Tanaka and Mayor Pro Tem Everett on their appointments. He asked for a couple of corrections to the Restaurant Guide and spoke about a "home birthing center" in Chino Hills and asked the City Manager to comment on the process if one were to apply here. Angela Schmidt, student from Diamond Bar High School asked if the City Council was aware of the tragedy involving Danika Tibayan. The entire experience brought the community together. Her "Pray for Danika" site received over 10,000 hits locally and throughout the world. 4. RESPONSE TO PUBLIC COMMENTS: CMIDeStefano responded to Mr. Wilson that from time to time staff learns of land uses within residential properties located in residential neighborhoods that may seem inappropriate. Staff looks at each situation very carefully to determine whether they are approved land uses for home occupations typically approved for residential neighborhoods or whether it is a different type of business that generates different impacts. Home occupation use is December 4, 2012 PAGE 4 CITY COUNCIL something that is usually very limited, su ch as an Avon salesperson. Other types of home based businesses that are not permissible are the types that generate employees at the site as well as, trips bringing in and out products, goods and services. Generally speaking, a birthing center does not sound like an appropriate residential land use and should staff hear of a land use that is allegedly taking place in the City it would be carefully examined to determine whether or not it is appropriate. Fallowing determination that it was not appropriate, staff would work with the City Attorney and Prosecutor to send out the appropriate notices putting the property owners on notice and asking them to cease and eliminate the land use staff believed was inappropriate. Failing for this process to be successful, the City Prosecutor and court system would then be called upon to gain compliance. 5. SCHEDULE OF FUTURE EVENTS: 5.1 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. 5.2 Planning Commission Meeting — December 11, 2012 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Traffic and Transportation Commission Meeting — December 13, 2012 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 Home Holiday Decorating Contest Entry Submittal Deadline — December 7, 2012. 5.5 City Council Meeting — December 18, 2012 - 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.6 Christmas Holiday — December 24 and 25, 2012 — City Offices closed in observance of the Christmas Holiday. City Offices reopen Wednesday, December 26, 2012 at 7:30 a.m. 5.7 Holiday Tree Curbside Collection Program — December 26, 2012 through January 11, 2013. Trees free of decorations and flocking may be left at the curb. Any tree in excess of 6 feet in height must be cut in half. 5.8 Late Night Transit Pass Sale — Wednesday, December 26, 2012 until 7:00 p.m., Diamond Bar City Hall, 21810 Copley Drive. December 4, 2012 PAGE 5 CITY COUNCIL 0 7 5.9 New Year's Holiday — January 1, 2013 — City Offices closed Tuesday, January 1, 2013 in observance of New Year's Day. City Offices reopen Wednesday, January 2, 2013 at 7:30 a.m. CONSENT CALENDAR: CITye moved, CfChang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPTIEverett, MlTanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES - Regular Meeting of November 20, 2012 —Approved as corrected. 6.2 RATIFIED CHECK REGISTER — Dated November 15, 2012 through November 28, 2012 totaling $357,193.73. 6.3 APPROVED A SECOND AMENDMENT TO THE LICENSE AGREEMENT WITH LOS ANGELES SMSA PARTNERSHIP (DBA) VERIZON WIRELESS, TO EXPAND AN EXISTING WIRELESS COMMUNICATION SITE BY APPROXIMATELY 53.85 SQUARE FEET CORRECTING THE AGREEMENT APPROVED ON NOVEMBER 20. 6.4 APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR THE 2012-2013 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATION PROJECT TO TSR CONSTRUCTION AND INSPECTION IN THE AMOUNT OF $123,280 AND AUTHORIZED A CONTINGENCY AMOUNT OF $9,000 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $132,280. PUBLIC HEARING: 7.1 ADOPT RESOLUTION NO. 2012-51: APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ALLOCATION INCLUDING $205,301 IN FISCAL YEAR 2013-14 FUNDS AND $92,543 FROM UNALLOCATED BALANCE OF FUNDS FOR THE TOTAL AMOUNT OF $297,844. ACM/Doyle reported that this public hearing is for the allocation of Community Development Block Grant funding for the year 2013-14. Community Development Block Grants are Federal Funds which are passed through LA County's Community Development Commission to the City. These funds are intended to meet certain December 4, 2012 PAGE 6 CITY COUNCIL national objectives for projects and those national objectives are benefiting low and moderate income persons, addressing slums or blight or meeting a particular urgent community development need. In addition to meeting those national objectives, each individual project must meet one of the eligible criteria or categories as determined by LA County CDC which includes acquisition of real property for an eligible use, acquisition, construction or rehabilitation of public facilities, demolition and clearance of deteriorated buildings, community services for low and moderate income households, removal of barriers that restrict the mobility for elderly or disabled persons or special economic development activities. Typically, because DB has no slums or blight the City uses these funds for community services that benefit low and moderate income households and for public work projects that remove barriers for the disabled. During the past several years the allocation the City receives has been reduced. Each year the funding for this program continues to decline. Last year, the LA CDC eliminated program administration costs as being eligible for funding, further reducing the City's amount of available funds for CDBG. This year the allocation for 2013 is estimated to be $205,301. In addition, the City has unallocated prior funds (savings from projects that have been budgeted but not spent or savings from projects that came in under budget as well as, repayment of home improvement loans originally funded through the City's Home Improvement Program in the amount of $92,543 for a total of available funds in the amount of $297,844). Of that, only 15 percent of the $205,301 or $13,795 can be used to fund public services. This money has been split evenly between the YMCA and the City's Senior's programs with each recommended to receive an allocation of $15,397. Included in the senior program is $1700 dedicated for each senior group and $6800 for DB Senior Program costs used by the City to partially offset the cost of the Senior Coordinator. The remaining 85 percent of the FY 2013-14 allocation as well as, 100 percent .of the estimated unallocated funds are available for public works projects. It is recommended the City's Home Improvement Program, which provides no interest loans for low and moderate income families up to $5,000 for improvements to their homes, be allocated $150,000; $57,050 is allocated or the Sidewalk ADA Improvements; and $60,000 is allocated to the Bark Park to extend the walkway to the park entrance. LACDC requires the City to approve the funding request and funding allocations before the City is told how much money it will actually receive. As in past years, if the funding amount is less than anticipated the City would reduce appropriately and proportionally across all projects that same amount. M/Tanaka opened the Public Hearing. December 4, 2012 PAGE 7 CITY COUNCIL With no one present who wished to speak on this matter, M/Tanaka closed the Public Hearing. CITye moved, C/Herrera seconded, to adopt Resolution No. 2012-51: Approving the Community Development Block Grant Program Allocation including $205,301 in FY 2013-14 funds and $92,543 from unallocated balance of funds for the total amount of $297,844. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: None RECESS TO PUBLIC AUTHORITY MEETING: M/Tanaka recessed the regular City Council Meeting to the Public Financing Authority at 7:42 p.m. RECONVENE: M/Tanaka reconvened the regular City Council Meeting at 7:43 p.m. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTSICOUNCIL MEMBER COMMENTS: CITye thanked Mr. Deerfield for bringing the Clean Water tax assessment to the attention of DB residents. He hopes residents pay attention to the mail and to something that he thought was junk mail. The cover read "Official Notice to Property Owners of Public Hearing". In the upper right box it reads that this is a notice to property owners of a public hearing for the Los Angeles Clean Water/Clean Beaches measure. The box says that for each property there is an appropriate amount. For his property the proposed clean water fee for his property is $78. He had just paid his property tax bill and realized that other than voted indebtedness for PUSD bonds, etc. this will be the third largest item on property owner's tax bills if this goes unchallenged. He highly recommended that this matter be challenged. He is concerned that anything that comes in the mail that talks about a fee for things that can be considered pollutants and that talks about resources that this will raise is stated as "the project and programs that could be funded include: multi -benefit projects can combine fee revenues". At some point we have to tell them that enough is enough. He plans to go to the County and say just that — that enough is enough. He congratulated outgoing Mayor Chang on a year well-done. He thanked her for her stewardship of the City and congratulated MlTanaka on his second term as Mayor and that he looks forward to serving with M/Tanaka in the coming year. December 4, 2012 PAGE 8 CITY COUNCIL ClHerrera congratulated M/Tanaka on his election and thanked outgoing Mayor Chang for the great job she did during 2012. Being Mayor is not easy and MlChang was in multiple cities on single days, and that MlChang represented DB admirably. ClHerrera said that she too, was concerned about the Clean Water assessment notice she received from the County. When homeowners receive the notice there is a separation protest card for them to tear off and she recommended each homeowner fill out the card and return it. If more than 50 percent of property owners protest this hearing perhaps the Board of Supervisors will decide not to approve this tax. She believes that if 50 percent do not protest it will go to an election. Since they are calling it a "fee" they may have the ability to assess the fee on their own authority. She again urged everyone to fill out the protest section and mail it back. C/Chang thanked her colleagues for their kind words. She thanked school member Frank Guzman and Assistant Fire Chief Dave Stone for mentioning her Facebook, Twitter and Foursquare accounts that she hoped would help residents follow her in terms of promoting the City. She attended the ribbon -cutting of the Parker Canyon Recycles Water Reservoir in Walnut and gorgeous demonstration garden on top of the reservoir that showcases drought tolerant plants. Last Thursday she flew to Sacramento with CM/DeStefano along with City of Industry officials for a "meet and confer' with the State Department of Finance to support the Lemon Avenue and the SR57160 Confluence projects. It is very important to the City and she is pleased that they were able to fly up with Senator Bob Huff. Last night she presented a Certificate to outgoing Mayor Tim Shaw of LaHabra. Mr. Shaw gave his speech and was weepy which showed his dedication and gratitude for being able to serve his hometown which he successfully completed. Congratulations to outgoing Mayor Tim Shaw. She echoed CITye's comments regarding the measure. DB has been very proactive with storm water and urban runoff issues at the City's parks. Staff has installed bio-swales at several of the parks which automatically filter water. It is unfortunate that there has to be a measure like this and she asked folks to oppose the measure. Thank you to everyone for their support and congratulations to the Council for a phenomenal year. MPT/Everett thanked former Mayor and colleague Ling -Ling Chang and the people who came and recognized her service, the Council sees it day in and day out and he hoped the folks in the community did as well. He appreciated residents who came forward with recommendations and specific points of acknowledgment. It is the people who make the difference. He thanked the five people including former Council Member Eileen Ansari for her words. On the other end of that bookend is a nice young lady who talked about the DBHS tragedy and he appreciates her and her colleagues who brought the matter forward for the positive response. This is the place to let the community know. For all of those December 4, 2012 PAGE 9 CITY COUNCIL including Robert Deerfield he joins his colleagues who have commented on the card and thinks the protest tear off and return is most important. Think it through, don't just protest like some folks do, but make sure we all follow through on this. He thanked each for their points of view which are extremely pertinent and important to the City. On the Monday after Thanksgiving he and M/Tanaka joined staff in welcoming two new employees Jason Williams and Michael Hudak. Michael comes to the City as a Day Camp Specialist with experience in another city where he resides, and Jason is out of the construction field and is a full time facilities and maintenance worker. He was privileged this past Friday to stop by and see what was going on at San Gabriel Valley COG. They had a half day strategic planning retreat/session. It was an outstanding session that was held at the Garvey Community Center of which the minutes are available online. That is an important organization that we need to make strong and every six months they update, with the support of a specific facilitator, Marilyn Snider, who does an excellent job and has for a long time so if you think about it, if you sign on to the COG you can look at their retreat notes and every six months they update their three-year plan and their current plan. They have accountability and he thinks it is the kind of thing that if DB can follow through and support as the cities within that COG make it very strong and productive for our reason and for our COG. Another item he thought interesting people may not think about unless they use Metrolink is that the LA Union Station is developing a master plan, a beautiful old antique building and now Metro owns that — bought it last year, and have an online real time feedback session and think about it and look for it. See what you think. What can we do with LA Union Station to make it a more productive facility in our network of transportation, which we need. We have lots more people using Metro links and systems and this is a way to make it even stronger. Finally, don't forget one more opportunity in the next couple of weeks - actually, the deadline is December 7, for the people of this community, the Home Decorating Contest. If you've got your house decorated or if you've got some energy and time make a mark and showcase your place and then let us know about it at the City by December 7 at 4:30 p.m. C/Everett concluded his comments with Merry Christmas, Happy great season of thanksgiving and celebration, and best to all. M/Tanaka hoped that everyone had a wonderful Thanksgiving Holiday. A couple of weeks ago he attended the PUSD Board meeting and had a chance to bid farewell to Ofelia Lariviere, Director, Child Development programs, Headstart and State Pre -School programs. She has been with PUSD since 1977. She accepted a position with the Inglewood Unified School District as the new Assistant Superintendent of Educational Services. He wished her the best in her new position. Saturday began with my attending Breakfast with Santa at DRHS as a fundraiser for their music program. There was a wonderful breakfast, musical performances, silent auction, craft vendors and photos with Santa. Right after that he December 4, 2012 PAGE 10 CITY COUNCIL had a chance to get to the Diamond Bar Candy Cane Craft Fair at the Diamond Bar Center where there were over 75 crafters. Snacks and refreshments were offered by the members of D134YOUTH "In Action", photos with Santa and crafts for small children while their parents had an opportunity to shop. Congratulations again to Andee Tarazon and her staff for another successful event. That afternoon he went to the Diamond Bar Library for the Children's Christmas Party. There were lots of crafts for the little kids and photos with Santa. Thank you to the 32 DBHS Leo Club members that helped Miss Julie. This year he had a chance to make his Christmas wishes with four different Santa's this year so thank you to Roger, Brad, Chad and Don. This past Sunday attended the 21St Annual Tamale Festival in Indio where there were at least two dozen tamale vendors and other foods and gift items for sale. There were four stages for entertainment including Mariachi and Folkloric Dance. On the return trip home they stopped at the Cabazon Outlet Stores for a couple of hours of shopping before returning to DB. He thanked Crystal Knox for being such a wonderful hostess for the trip. He welcomed new staff members Michael, Jason and Sterling. He thanked the DBHS Civics students from Mr. Zylstra's and Ms. Gaxiola's classes who attended tonight's meeting and as well as the Boy Scouts who attended tonight's meeting. M/Tanaka said he wanted to adjourn tonight's meeting in memory of Paul Ward, former Assistant Principal, Walnut High School and Diamond Bar High School and Principal at Ontario, Alta Loma and Rancho Cucamonga High School and in memory of Danika Tibayan, a DBHS senior who was a cheerleader and who was very active in her school ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the Regular City Council Meeting at 8:00 p.m., in memory of Paul Ward and Danika Tibayan. rid (_ -d _ TOMMYL CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 18thday of pecemhe,r,._ , 2012. i JACK TANAKA, MAYOR