HomeMy WebLinkAbout11/17/2015 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
NOVEMBER 17, 2015
CALL TO ORDER: Mayor Tye called the Regular City Council meeting to
order at 6:37 p.m. in the South Coast Air Quality Management District/Government
Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 730 led the Pledge of Allegiance.
INVOCATION: Pastor Jim Price, Diamond Canyon Christian Church,
provided the invocation.
ROLL CALL: Council Members Herrera, Lin, Tanaka, Mayor Pro
Tem Lyons and Mayor Tye.
Staff Present: James DeStefano, City Manager; David DeBerry, City
Attorney; Ryan McLean, Deputy City Manager; David Liu, Public Works Director; Bob
Rose, Community Services Director; Greg Gubman, Community Development Director;
Dianna Honeywell, Finance Director; Amy Haug, Human Resources Manager; Marsha
Roa, Public Information Manager; Anthony Santos, Senior Management Analyst; Cecilia
Arellano, Public Information Coordinator; Alfa Lopez, Management Analyst, JR Ybarra,
Media Specialist and Tommye Cribbins, City Clerk.
APPROVAL■ presented.
CERTIFICATES,1 . SPECIAL PRESENTATIONS, PR O.
BUSINESS OF THE MONTH:
1.1 C/Herrera and Councilmembers presented a City Tile to former Traffic and
Transportation Commissioner Ted Carrera.
1.2 M/Tye and Council Members presented a City Tile to Council Member
Jack Tanaka on the occasion of his retirement. M/Tye acknowledged
C/Tanaka's legacy of outstanding service to the community and its
residents. C/Tanaka served 10'Y2 years on the Diamond Bar City Council
which included two terms as Mayor. M/Tye cited a few of the many
significant community efforts and projects in which C/Tanaka played a key
role and said that tonight's celebration was focused on celebrating his
countless contributions to Diamond Bar.
Additional presentations to retiring Council Member Jack Tanaka included
the following elected officials, cities membership associations, boards of
directors, public safety entities, and community organizations and their
representative presenters:
a) Office of Congressman Ed Royce — District Representative Lauren
Pong
b) Office of Senator Bob Huff — Senator Bob Huff
NOVEMBER 17, 2015 PAGE 2 CITY COUNCIL
c) Office of Assemblywoman Ling -Ling Chang — Field Representative
Luigi Luciano
d) Office of Los Angeles County Supervisor Don Knabe — Deputy Angie
Valenzuela
e) City of Chino Hills — Peter Rogers and Ray Marquez
f) City of Walnut — Mayor Bob Pacheco
g) City of Pomona — Mayor Eliott Rothman
h) Walnut Valley Unified School District — Superintendent Dr. Robert
Taylor and Board Member Helen M. Hall
i) Pomona Unified School District — Superintendent Richard Martinez
j) Walnut Valley Water District — Director of Administrative Services
Sandy Olson, and Board Members Dr. Allen Wu and Ed Hilden
k) Walnut -Diamond Bar Sheriff's Station — Captain Jeff Scroggin
1) Los Angeles County Fire Department — Community Services Liaison
Leticia Pacillas, Capt. Hook and members of Station 120
m) Diamond Bar Breakfast Lions Club — Todd Sue
n) Diamond Bar Leo's Club — Leo Club members
o) Diamond Bar Women's Club — Rosette Clippinger and members
p) Friends of the Diamond Bar Library — Ruth Low and Chris Ko
q) Miss Diamond Bar Pageant — Linda Headlee and the Miss Diamond
Bar Court
r) Taiwanese American Cultural Society of California — Cindy Liu
s) YMCA of Pomona Valley — Kris Georgeson
C/Tanaka spoke about his service and thanked the community, his wife
Wanda, his family and City staff and his supporters for working with him
and allowing him to serve Diamond Bar. He thanked Wen Chang for
appointing him to the Planning Commission 14 years ago and for
mentoring him on the City Council. C/Tanaka thanked his appointees for
their 10 year service and the City's Public Safety Team for keeping the
City safe and the men and women of the LA County Sheriff's Department,
LA County Fire Department and to the American Medical Response
Ambulance Services. He thanked the Regional Chamber of Commerce,
San Gabriel Valley and the Walnut Valley and Pomona Unified School
Districts and the Walnut Valley Water District. He thanked the Diamond
Bar businesses and churches, Tiny Tots, senior citizens and especially the
youth groups of Diamond Bar. He thanked the Diamond Bar service
groups. He asked residents to continue supporting Diamond Bar
business. He said he was sad to leave the Council to fight another battle,
his battle with cancer. He loves the City and thanks the residents for
allowing him to serve on the City Council. He also thanked Miss Diamond
Bar and her Court who have served as wonderful ambassadors to the
City.
NOVEMBER 17, 2015 PAGE 3 CITY COUNCIL
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/DeStefano thanked residents, visitors and business operators for their
patience and understanding during thepasttwo weekends during which the City -
conducted major construction at Diamond Bar Boulevard and Grand Avenue as
well as Grand Avenue at Longview Drive. With significant notice to everyone
involved and great participation and cooperation the first of many beautification
projects was moved significantly toward completion.
3. PUBLIC COMMENTS:
Garrett Musuda, Chairman, DB-4Youth In Action, spoke about the group he
started, "Stop at Hunger" which is associated with DB-4Youth. Beginning today
and running until December 17 Stop at Hunger will be hosting its third annual
Holiday Food Drive and asked that citizens participate in this project by donating
non-perishable food items to collection areas at the Diamond Bar Center, the
Diamond Bar City Hall, the Diamond Bar Library and the Heritage Park
Community Center.
He thanked C/Tanaka and Mrs. Tanaka for their generous support and help for
DB-4Youth over the years and that C/Tanaka will be greatly missed.
Pui-Ching Ho, Diamond Bar Library, spoke about library programs including two
workshops on Wednesday November 18 and 25 at 11:00 a.m. for children 0-4
years and their parents to learn to play together. Topics include dental care and
child development. Michael Rayner will present his comedy and juggling show
on Thursday, November 19 at 4:00 p.m. The library will host a girls -only party on
Saturday, November 21 at 2:00 p.m. She thanked the City Council and
especially C/Tanaka for their continued support. Wanda and Jack Tanaka attend
all of the library parties. For additional information and programs check the
website at www.colapublib.org
Terry Muse, Waste Management, awarded the Diamond Bar City Council a Paint
Care check for $1,021.42. The residents of Diamond Bar continue to do a
fabulous job of returning unwanted paint to Waste Management's "At Your Door'
program. On behalf of Waste Management she has heard amazing things from
Carolyn about C/Tanaka and his wife Wanda.
4. RESPONSE TO PUBLIC COMMENTS: None
5. SCHEDULE OF FUTURE EVENTS:
5.1 Parks and Recreation Commission Meeting — November 19, 2015 — 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.2 Planning Commission Meeting — November 24, 2015 — 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
NOVEMBER 17, 2015 PAGE 4 CITY COUNCIL
5.3 Thanksgiving Holiday – City Offices closed November 26 and 27, 2015 in
observance of the Thanksgiving Holiday. City Offices reopen on Monday,
November 30, 2015 at 7:30 a.m.
5.4 Holiday Diamond Ride – November 27, 2015 through January 1, 2016 –
Free shuttle service to and from Diamond Bar Shopping Centers for
persons 18 years and older– call 800-578-6555 to schedule a ride.
5.5 City Council Meeting – December 1, 2015, 2015 – 6:30 p.m.,
SCAQMD/Government Center, 21865 Copley Drive.
5.6 Candy Cane Craft Fair —December 5, 2015 – 9:00 a.m. to 2:00 p.m.,
Diamond Bar Center, 1600 Grand Avenue.
5.7 Planning Commission Meeting – December 8, 2015 - 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.8 Traffic and Transportation Commission Meeting – December 10, 2015 –
7:00 p.m., Windmill Community Room, 21810 Copley Drive.
5.9 City Council Meeting – December 15, 2015 - 6:30 p.m., AQMD
Government Center Auditorium, 21865 Copley Drive.
6.. CONSENT CALENDAR: MPT/Lyons moved, C/Herrera seconded, to approve
the Consent Calendar as presented. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Herrera, Lin, Tanaka, MPT/Lyons, M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 APPROVED CITY COUNCIL MINUTES – Regular Meeting of November
3, 2015.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES – Regular
Meeting of October 13, 2015.
6.3 RATIFIED CHECK REGISTER – Dated October 29 through November 11
totaling $1,523,335.31.
6.4 TRANSMITTED THE COMPREHENSIVE ANNUAL FINANCIAL REPORT
FOR THE YEAR ENDED JUNE 30, 2015.
6
NOVEMBER 17, 2015 PAGE 5 CITY COUNCIL
6.5 ADOPTED RESOLUTION NO. 2015-38: APPROVING THE
APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES
COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR THE
FOURTH SUPERVISORIAL DISTRICT 1996 SAFE NEIGHBORHOOD
PARKS PROPOSITION (PROP A) FUNDING FOR STARDUST MINI
PARK ADA RETROFIT AND APPROVED THE ADOPTION OF A YOUTH
EMPLOYMENT PLAN.
7. PUBLIC HEARINGS:
7.1 ADOPT RESOLUTION NO. 2015-39: CONFIRMING A COST REPORT
FOR NUISANCE ABATEMENT COSTS CONCERNING 783 BOWCREEK
DRIVE (APN: 8281-043-065) AND ESTABLISH A SPECIAL
ASSESSMENT AND LIEN THEREOF.
CM/DeStefano stated that this public hearing is for Council's consideration
for adoption of a Resolution that would abate the costs necessary to
eliminate a public nuisance at 783 Bowcreek Drive and establish a lien
against the property to recover the city's costs in so doing.
CDD/Gubman stated that the Municipal Code authorizes him to declare
certain properties to be public nuisances. When a Declaration of Public
Nuisance is made the city is able to bypass the administrative citation and
criminal prosecution process, obtain an abatement warrant and eliminate
the nuisance. This is not the appropriate course of action to take for all
property maintenance violations but when a property owner ignores the
ample opportunities given to them by the city to comply, the abatement
process is the tool used when criminal prosecution can be too heavy
handed.
The property at 783 Bowcreek Drive in the northeast neighborhood near
Pantera Park is an example where a Public Nuisance Declaration and
Abatement was an appropriate invocation of this authority as shown in the
slide presentation. The overgrown and dried vegetation in the front yard
were in clear violation of the city's property maintenance standards.
The latest enforcement process began with a routine code enforcement
control on April 13, 2015 with issuance of a courtesy notice which was
followed by a re -inspection on April 21, 2015 and May 4, 2015. After
giving the property owner a fair opportunity to take care of the problem
and observing the property conditions to deteriorate with absolutely no
indication that things would improve, the City began issuing citations
followed by a formal declaration of the property as a public nuisance. A
10 -day Notice and Order to abate the public nuisance on July 6, 2015 and
upon posting that notice on the property, staff was informed that the rear
yard was also in deplorable condition. As a result, staff collected
additional evidence as shown in the photographs and issued an
NOVEMBER 17, 2015 PAGE 6 CITY COUNCIL
"amended" Notice and Order on August 6, 2015
After continued inaction by the owner to respond to the Notice and Order,
staff served an Abatement Warrant and hired a landscape contractor who
submitted a competitive bid and proceeded with extensive cleanup of the
property on August 20, 2015 (evidence shown in before and after photos).
Once a nuisance is abated the City is authorized to seek fair
compensation for the expenses incurred in performing the abatement. An
effective method of cost recovery is to impose a "special assessment" on
the property that comes due with the next property tax bill. CDD/Gubman
provided a slide showing how the assessment of $7,310.36 was tallied.
The Resolution recommended for adoption provides an itemized
accounting of the staff hours expended during the abatement effort and
the purpose of tonight's hearing is to present the City Council with staff's
accounting of the costs to the City including attorney's fees, allow the
owners to be heard and then for the City Council to render its decision on
whether or not to impose the assessment, and if so, to set the amount to
be assessed.
On November 2, 2015 staff sent the property owner notice of tonight's
Public Hearing via Certified and First Class mail and physically posted the
properly with the same notice as depicted in the photo showing posting on
the garage door of the residence. Since there is evidence that the
property is occupied via vehicles parked in the driveway, staff is certain
that ample notice was given of the city's intention to abate the nuisance
and to hold tonight's Public Hearing.
C/Herrera asked if the notices and letters were sent to the property owner
in any other language than English.
CDD/Gubman responded "No."
C/Herrera asked if staff was aware of whether the property owner/resident
spoke a language other than English.
CDD/Gubman responded "No" and that the property owners/residents had
been non-responsive.
C/Herrera asked what would happen if the amount of recovery was
attached to the property tax bill and the owner failed to pay the tax bill.
CDD/Gubman responded that the property would then go into tax default
which is a component of other assessments on a tax bill that go
delinquent. Under such circumstances the property could ultimately be
seized and liquidated to collect back taxes.
NOVEMBER 17, 2015 PAGE 7 CITY COUNCIL
CM/DeStefano added that it takes three to four years for that process to
conclude and there is ample opportunity for the LA County Tax Assessor
to notify the property owner that they had property taxes to pay as well as,
-
theadditional assessmentshouldthe Council place theassessmenton
the property to pay off the debt due the City for services rendered to clean
up the property.'
C/Lin asked if someone was residing in the house at this time and
CDD/Gubman said staff believes so based on the vehicles that have been
parked in the driveway during visits by the city's code enforcement officer.
M/Tye asked if the assessment would be shown as a line -item on the
property tax bill.
CDD/Gubman responded yes and that it would be identified as a "special
assessment."
M/Tye asked when the assessment would show up on the tax bill.
CDD/Gubman reiterated that the assessment would show as a line item
on the next tax bill which is due and payable in two installments.
MPT/Lyons asked if the city would continue to observe the property to see
that it remains in good condition.
CDD/Gubman said staff would continue to monitor the property and further
explained that there is a history of deferred maintenance with this property
and after receiving courtesy notices and citations they have complied.
However, with this most recent experience the property owner chose not
to comply and to ignore the city's efforts to reach out to them.
M/Tye asked if the $7,300 would grow as the city continued to provide
additional maintenance.
CDD/Gubman explained that if the city has to go through the process of
securing another Abatement Warrant and perform the abatement for
future violations this process would again be initiated and those new set of
costs would be attached to their tax bill through an additional tax lien.
M/Tye opened the Public Hearing and asked if anyone was present on
behalf of the property owner to address the Council and then asked if
there was anyone present who wished to address the Council on this item.
Seeing no one who wished to address the City Council, M/Tye closed the
Public Hearing.
NOVEMBER 17, 2015 PAGE 8 CITY COUNCIL
C/Herrera moved, C/Tanaka seconded, to Adopt Resolution No. 2015-39:
confirming a Cost Report for Nuisance Abatement costs concerning 783
Bowcreek Drive (APN: 8281-043-065) and establish a Special assessment and
lien thereof in the amount of $7,310.36. With the following Roll Call vote, the
Motion carried:
YES: COUNCIL MEMBERS:
Herrera, Lin, Tanaka, MPT/Lyons, M/Tye
NOES: COUNCIL MEMBERS:
None
ABSENT: COUNCIL MEMBERS:
None
8. COUNCIL CONSIDERATION:
None
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Lin said he had attended many meetings to honor a public servant but tonight's
event outdoes those. He has never seen so many people show up to honor a
retiring public servant. He thanked C/Tanaka for his service and wished him
well.
C/Herrera stated that she attended a SCAG meeting last week and reported that
the organization is preparing to release a Regional Transportation Plan for review
and comment during the month of December. In the plan is the East/West
Freight Corridor and the report talks about trucks only, electric or natural gas
trucks along the SR60 Freeway. She asked if they were intending to take up
some lanes on the 60 Freeway and they said they were considering many
options. She recommended that staff monitor this issue very closely and if
necessary, contact Caltrans about the issue of trucks only going along the 60
Freeway as it heads eastward toward the 15 Freeway. Even if there are no
specifics in the plan they produce she believes Diamond Bar should comment
about all of its concerns including if the corridor follows the San Jose Creek what
happens as it approaches the SR57.
C/Herrera congratulated C/Tanaka who was the Diamond Bar Community
Foundation "Man of the Hour" on Saturday and tonight. She does not believe
there have been this number of people in the Council audience who said nice
things. Usually, when this many people appear at a Council meeting they are
angry about many things but tonight was different and special and quite a tribute
to C/Tanaka. She congratulated newest Council Member elect Ruth Low and
said she looked forward to serving with her.
MPT/Lyons reported that the City recognized 12 Diamond Bar veterans at the
annual celebration. It was very meaningful to see the veterans accept their
plaques and hear great music by the South Point orchestra. She thanked staff
for a terrific job coordinating the tribute. She attended groundbreaking
ceremonies for the SR57/60 Confluence project on November 10 which was
NOVEMBER 17, 2015 PAGE 9 CITY COUNCIL
hosted by the City of Diamond Bar and attended by three members of Congress
and local politicians. She thanked Wanda and Jack Tanaka for all of their service
from the heart to the community and Diamond Bar kids.
M/Tye congratulated Diamond Bar for dealing with traffic delays for a couple of
weekends and hoped that everyone would agree that it was worthwhile to
accommodate a project that improved the community. He congratulated
C/Tanaka and thanked him for his 10'Y2 years of service on the City Council and
years before on the Planning Commission. C/Tanaka's years of public service
has led to coining a new prounoun "JackandWanda" for getting things done and
with Jack representing the city no event was complete without him in the picture.
Fight the Good Fight!
C/Tanaka thanked staff for a wonderful reception and photo remembrance of this
evening's meeting. This past Wednesday he attended the Librarian Appreciation
Luncheon for local school librarians, principals and Diamond Bar Library staff
members to thank them for their service to the community. On Wednesday,
November 4 he attended his last WCCA meeting having served on the
Governing Board for the past 10 years representing the City of Diamond Bar.
Tomorrow evening he will attend the Pomona Unified School District Board
meeting in his last official capacity. Last Thursday he attended the Diamond Bar
Veterans Recognition Ceremony and thanked PIM/Roa, PIC/Arellano, and
MS/Ybarra for their efforts and the South Point Band for their patriotic music and
to Celine Dion for singing God Bless America that morning. He also attended the
SR57160 Confluence Project groundbreaking ceremony. Three of the four
phases of the project are funded. On Thursday he spoke to four third grade
classes at Castle Rock Elementary School about volunteering and being good
citizens. Last Saturday he attended the Diamond Bar Community Foundation's
121h Annual Gala "Winter Wonderland" which was very well attended. He
thanked the Foundation for honoring him with their Community Partner Award.
On Sunday he attended the Eagle Scout Court of Honor for Eagle Scout Eric
Whatley, Diamond Bar's newest Eagle Scout from Troop 730. This will be his
last Council Subcommittee Report and Meeting Attendance and he will miss
everyone. He thanked all who attended this evening.
ADJOURNMENT: With no further business to conduct, M/Tye adjourned the
City Council Meeting at 8:08 p.m.
�-L dy�
Tommyd Cribbins, City Clerk
NOVEMBER 17, 2015 PAGE 10 CITY COUNCIL
The foregoing minutes are hereby approved this 1st day of December 2015.
V
Nan y A. L o , Mayor