HomeMy WebLinkAbout07/19/16 Mintues - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
JULY 19, 2016
STUDY SESSION: M/Lyons called the Study Session to order at
6:02 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Government Center, 21865 Copley Drive, Diamond Bar, CA 91765.
Present: Council Members Carol Herrera, Ruth Low, Steve Tye, Mayor
Pro Tem Jimmy Lin, and Mayor Nancy Lyons.
Staff Present: James DeStefano, City Manager; David DeBerry, City
Attorney; Ryan McLean, Assistant City Manager; David Liu, Public Works
Director; Greg Gubman, Community Development Director; Dianna Honeywell,
Finance Director; Anthony Santos, Assistant to City Manager; Amy Haug, Human
Resources/Risk Manager; Marsha Roa, Public Information Manager; Cecilia
Arellano, Public Information Coordinator; Fabian Auon, Asst. Engineer and
Tommye Cribbins; City Clerk.
► COMMUNICATION AND MARKETING DESIGN STANDARDS —
Discussion and Action.
PIM/Roa stated that tonight's report is about an effort underway to
strengthen the "Diamond Bar Brand" through creation of communication
and marketing design standards. We purposefully use the word
"strengthen" and not "create" because the City does not currently have a
"brand" as do other cities. A brand has to do with how something looks
and hope someone feels and thinks about it, both through experiences and
perception.
There are benefits to having design standards in place, particularly when it
comes to strengthening the City's marketing and communication efforts
because these standards provide a cohesive identity, a polished look, and
professional delivery, all of which are unique to the City. Staff have wanted
to create these standards for several years and it was just a matter of
waiting for the opportunity which has presented itself through the recent
Grand Avenue Beautification Project and subsequent plans to expand this
to a citywide effort. Similar to the streetscape enhancements, the design
standards seek to apply a clear, consistent and unifying image to the City's
communication and marketing mediums. Similar to the streetscape
enhancement efforts which created a strong sense of place and arrival,
also contributes to a positive perception and enhances the City's image
and reputation. The central component of these design standards will be a
"brand identity package" that consists largely of three elements — a logo, a
color palette and a font. These three elements together are what will give
Diamond Bar that "family resemblance" across all communication vehicles
essentially, portraying the City as a single, professional and well -organized
entity. Of the three, the logo is the most powerful because it is the visual
symbol that represents the City as an entity. While the Council may be
JULY 19, 2016 PAGE 2 CC STUDY SESSION
thinking the City has a logo, the truth is that while Diamond Bar has been
using the terms "logo" and "seal" interchangeably, the City currently has
only a "seal" which was adopted by the founding City Council in October
1989 as part of the City's incorporation. It is very detailed and ornate and
tells a story in which every detail has a meaning. There are 100 characters
that include 40 plus trees, 30 plus letters and numbers, 10 plus trees and
shrubs, 5 hill ridges, leaf scrolls, a winding road, building, windmill, sun,
leaf scrolls and more. And because it is so detail -heavy, adapting it to a
variety of media sometimes proves challenging.
Staff's proposal to introduce a new logo as part of the new design
standards will in no way eliminate the City seal. In fact, it will be an
important first -step toward restoring its integrity.
PIM/Roa explained the difference between a logo and a seal. Essentially,
because of its origin, the seal is intended to be the official mark of the City
Council and it should not be used for marketing materials. Rather, it should
be reserved for official Council matters, for legal documents, special
commendations, Council correspondence and the like. The logo, on the
other hand, is used as the City's identifying symbol and will be used on
everything else related to communication and promotion such as the
website, newsletters, brochures, flyers, posters, giveaways, email, etc.
Staff is in the process of evaluating all communication pieces to determine
which of those pieces merit using either the symbol or a logo. Of course,
the City Council will reserve the ability to make exceptions to their uses as
it deems fit.
PIM/Roa showed several examples of seals and logos used by other cities
and pointed out that there is a theme of "simplicity" among those examples.
The success of a logo is largely based on being simple such as logos used
by Coca-Cola, Apple, McDonalds and others. Logos should be visually
pleasing, memorable, meaningful and adaptable for use across many and
distinct media from business cards to street banners.
Logos are not limited to municipalities. Logos and branding initiatives are
brought forth by all entities including corporations, nonprofits, places of
worship, schools and transit providers.
Again, the purpose of tonight's meeting is to first obtain the Council's
support and approval to proceed with the design of a logo and selection of
colors and type fonts. This first step will be followed by review of all of the
City's communication mediums and forms that can be branded, with the
last and key piece of this initiative being the design standards and style
guide by the City Council for City staff.
JULY 19, 2016 PAGE 3 CC STUDY SESSION
If the Council decides to move forward, this effort will be implemented as a
gradual phased -in approach rather a mass introduction which will make it
more manageable and cost-effective. As an example, Foothill Transit
unveiled its new fleet design in October 2013 replacing its former and
original blue striping wrap that had been in place since the agency was
created in 1988. The unveiling was timed with the retirement of Foothill's
last diesel bus and converting its fleet to 100 percent alternative fuel when
it made its significant one-time purchase of 64 new Compressed Natural
Gas (CNG) vehicles. After that, Foothill went on to incorporate its new
design across all of its communication efforts including its website, board
meeting packets, advertisements and reports.
Branding is about the consistent and repetitive use of an approved set of
design elements and that consistency is achieved by having a simple yet
comprehensive use style guide. Staff chose the Azusa Pacific example of
a use style guide because it is simple, brief, and covers all three branding
elements — logo, colors and font as well as, the distinguishing roles of a
seal and logo.
Council briefly discussed what they believed was a City logo which was, in
fact, the 10th Anniversary logo.
MPT/Lin said he was hoping PIM/Roa would have creations to pick from
today.
PIM/Roa reiterated that staff needs Council's direction to move forward to
create a design of the logo elements to bring back to the Council for
consideration.
M/Lyons asked what staff was had in mind
PIM/Roa said that staff would work with a graphic designer to provide
inspiration. The designer will look at the City's seal and the elements of the
Beautification project for inspiration. Staff will ask the designer to look at
features that represent the City.
M/Lyons suggested the designer could view the 25th Anniversary video
which would provide a significant amount of history.
MPT/Lin asked what the one thing would be that popped into the minds of
the Council Members and most responded "the windmill."
M/Lyons asked if staff would provide ideas about colors.
PIM/Roa said that staff would bring back draft logos and color palettes with
suggestions on how to incorporate those into other items. Staff will need to
work with the designer over the next few months in order to make sure that
JULY 19, 2016 PAGE 4 CC STUDY SESSION
staff is confident in the logo that is brought back to the City Council for
consideration.
C/Low stated that it seems to her from the presentation that one can
discern that the seals were done at a different time in history from the logos
because the artistry is so much more detailed and meaningful and over
time, things have become more simplified and streamlined. It is stylized
but is easier to see.
C/Low felt the logo should be visionary in terms of how the City sees itself
in the next 10-20 years.
PIM/Roa said the idea is not to get away from where the City came from
but it should be contemporary and modern so that it fits in today's
marketplace.
MPT/Lin said that typically, logos change from time to time to reflect the
current marketplace. He wanted to know the binary color of the City.
PIM/Roa said that currently it is blue and green which were extracted from
the City's seal. Staff proposes to stay with about the same color palette but
render them contemporary. Font types and colors are easy to change in
the future.
M/Lyons asked how much it would cost to develop a new logo
PIM/Roa said it would be a few hundred dollars. It becomes more
expensive as pieces are added. Staff will be doing most of the work and
hopes to do most of the work in-house but a graphic designer is needed to
assist staff with color choices and the actual design of a logo.
MPT/Lin said it would be easier for the Council to make a decision if it were
presented with three or more draft logos rather than only one or two.
C/Herrera felt that too many choices might confuse the Council Members.
PIM/Roa said that typically, three options is best and with the option that is
chosen, staff can create different configurations (different logos for different
applications). If Council concurs, she will bring back three options.
Council concurred to move forward with the project.
PIM/Roa said that staff would work on a timeline to present to the Council.
She said that staff would aim for the second meeting in September to make
its presentation.
JULY 19, 2016 PAGE 5 CC STUDY SESSION
Public Comments: None
ADJOURNMENT: With no further business to come before the City
Council, M/Lyons adjourned the Study Session at 6:24 p.m.
T MYE CRIBBINS, City Clerk
The foregoing minutes are hereby approved this 2�n _ day of August
2016.
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JULY 19, 2016
CLOSED SESSION
5:30 P.M., Room CC -8
Public Comments on Closed Session Agenda — None
► • Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8.
Property: APN 8718-005 — Parcels 005, 006
23600 Sunset Crossing Road
Diamond Bar, CA 91765; and,
Parcels 007 and 008 (vacant property)
Agency Negotiator: James DeStefano, City Manager
David DeBerry, City Attorney
Negotiating Parties: City of Diamond Bar, YMCA and Pony League
Under Negotiation: Price and Terms of Payment
► Conference with legal counsel pursuant to
Government Code Section 549576.9(d) — Existing
Litigation.
• City of Gardena v. Regional Water Quality Control
Board
Los Angeles Superior Court Case No. BS156342
• Inland Oversight Committee v. City of Diamond Bar
Los Angeles Superior Court Case No. BS162663
Recessed Closed Session: 6:00 p.m.
STUDY SESSION: 6:02 p.m., Room CC -8
► Communication and Marketing Design Standards — Discussion and Action
Public Comments:
None
CALL TO ORDER: Mayor Lyons called the Regular City Council meeting
to order at 6:30 p.m. in the South Coast Air Quality Management District/Government
Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
CM/DeStefano reported that during tonight's Closed Session three items were
discussed involving real property and existing litigation with no reportable action taken.
CM/DeStefano then reported that during the Study Session the City Council received a
presentation from the PIO staff recommending that the City look at developing a logo in
addition to its City's seal and expand upon the existing communication and marketing
JULY 19, 2016 PAGE 2 CITY COUNCIL
with new design standards for a logo. Council directed staff to pursue the effort,
consider options and bring the matter back to the City Council for further discussion
during a Study Session or City Council meeting.
PLEDGE OF ALLEGIANCE:
INVOCATION:
provided the invocation.
ROLL CALL:
Lin and Mayor Lyons.
Mayor Lyons
Sr. Pastor Tim Park, Evangelical Free Church
Council Members Herrera, Low, Tye, Mayor Pro Tem
Staff Present: James DeStefano, City Manager; David DeBerry, City
Attorney; Ryan McLean, Assistant City Manager; Ken Desforges, IT Director; David Liu,
Public Works Director; Greg Gubman, Community Development Director; Dianna
Honeywell, Finance Director; Anthony Santos, Asst. to City Manager; Amy Haug,
Human Resources/Risk Manager; Cecilia Arellano, Public Information Coordinator,
Fabian Aoun, Assistant Engineer, and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 M/Lyons and the City Council Members presented a City Tile to Sgt. Marc
Saunders upon his retirement from the Los Angeles County Sheriff's
Department.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Introduction of new employee Fabian Aoun, Assistant Engineer.
PWD/Liu introduced Fabian Aoun, Assistant Engineer who joined the
Diamond Bar family three weeks ago. Fabian comes to Diamond Bar from
one of the City's on-call engineering firms, David Evans & Associates.
Fabian has a Bachelor's Degree in Civil Engineering and a Minor in
Business Development from CalPoly Pomona. Fabian is a Diamond Bar
resident who grew up in the City and attended Diamond Point, Mount
Calvary and Diamond Bar High School prior to pursuing his college
degrees. As the Public Works Assistant Engineer, Fabian performs a
variety of office and field engineering work and provides assistance at the
Public Works counter. Welcome, Fabian, to the Diamond Bar family.
JULY 19, 2016 PAGE 3 CITY COUNCIL
3. PUBLIC COMMENTS:
Pui-Ching Ho, Diamond Bar Library Librarian, spoke about upcoming library
events including a workshop for children ages 8-9 on the basic laws of motion
through art making "Art in Motion": Making a Rollercoaster Structure on
Thursday, July 21 at 2:00 p.m.(presented courtesy of Supervisor Don Knabe in
partnership with the Los Angeles County Arts Commission); a Minion Dance
Workshop on Monday, July 25 at 4:00 p.m. for children ages 5 and 6; and, a
Conductive Art workshop "Squishy Circuits" on Monday, August 1 at 2:00 p.m. for
children ages 10 to 11 (presented courtesy of Supervisor Don Knabe in
partnership with the Los Angeles County Arts Commission).
Daniel Luevanos, Ambassador for One Legacy/Donate Life, stated that One
Legacy and the Department of Motor Vehicles are celebrating 10 years of
partnership in registering donors with the DMV. Individuals can also register
through the website at www.donatelifecalifornia.orq and se habla espanol
www.donevidacalifornia.orq Together, they have signed up over 13.2 million
future donors. He updated the City on recent Donate Life community events
throughout the US. Donate Life's mission is saving and healing lives through
organ, eye and tissue donation which comforts families that the organization
serves and inspires communities to donate life.
Dennis Liu said he and his family have enjoyed living in Diamond Bar except for
his neighbor's two barking dogs. For six months they have attempted to resolve
this issue with their neighbors but have been unable to do so without having to
contact the Inland Valley Humane Society (IVHS) in October 2014. After
following their instructions and supplying the IVHS with recorded information
there was no action taken because the employee was unable to witness the
barking. He presented a complaint letter signed by four of his neighbors
regarding the issue, cited code regarding barking dogs and asked the City to take
this issue seriously.
Candice Wang also spoke about the matter of barking dogs next door to their
home which is a nuisance for her family. In addition to the information offered by
her husband, two officers had personally witnessed loud and excessive barking
for more than 20 minutes on New Year's Day. On November 6, 2016 she called
911 again and officers again witnessed the loud and excessive barking for more
than 20 minutes. She believes that if the IVHS officer had done her job and
taken the word of the officers as witnesses she and her husband would not be
standing before the City Council this evening. The dogs' owner has been warned
by the Humane Society more than 10 times in the past two and one-half years.
She asked the City to interview police officer Mitchell and officer Dean and ask
them whether or not they witnessed the loud and excessive barking on two days,
look at the information provided on complaints that have been filed and take
appropriate action and help resolve this issue.
JULY 19, 2016 PAGE 4 CITY COUNCIL
4. RESPONSE TO PUBLIC COMMENTS:
ACM/McLean said he appreciated the comments from speaker Liu and his wife.
He has spoken with them on many occasions over a period of months regarding
this issue. Staff and Animal Code Enforcement arm of the IVHS has looked at
this issue on two separate occasions in two full investigations that included a
review of all of the documentation that the Liu family has provided and included
along with interviews with some of the neighbors. As a result of the two
investigations, IVHS officers determined that a nuisance does not exist. In light of
the comments the speakers have brought forward today staff will reconnect with
them and discuss any options that may remain for them on this issue.
MPT/Lin asked CA/DeBerry if under the City Code it is found that the owner of the
dog is in violation of the code, what remedies are available.
CA/DeBerry explained that because the City has contracted with the Humane
Society to enforce the City's Codes it is ultimately up to the Humane Society to
force the matter. Typically, if it resulted in a code violation it would be handled in
the criminal courts so the complainants would have to file a complaint against the
dog owners. There may be some actions that they could take prior to that time.
However, it sounds like the dog owners have been warned on several occasions
already which could lead to a criminal proceeding although it might be a
misdemeanor.
C/Tye said he agreed with the Liu's that he did not believe it would be reasonable
that they would be able to reach the Humane Society on a Friday or Saturday
night for a 30-40 minute episode of ceaseless barking. He believes the Liu's are
present this evening because there is a nuisance so the question is how to
resolve the matter and if there is an officer that witnessed the matter, the burden
is with the Humane Society to contact that person who was good enough to come
out and listen to what the Liu's are experiencing. He has been frustrated with the
Humane Society on occasion and would like to see them do a better job with a
situation like this.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Concerts in the Park — July 20, 2016 — 6:30 p.m. to 8:30 p.m. Yard Sale
(Classic Rock), Sycamore Canyon Park, 22930 Golden Springs Drive.
5.2 Movies Under the Stars — Inside Out — July 20, 2016 — Immediately
following the Concert, Sycamore Canyon Park, 22930 Golden Springs
Drive.
5.3 Planning Commission Meeting — July 26, 2016 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive
JULY 19, 2016 PAGE 5 CITY COUNCIL
5.4 Concerts in the Park — July 27, 2016 — 6:30 p.m. — 8:00 p.m. — Hot August
Night (Tribute to Neil Diamond), Sycamore Canyon Park, 22930 Golden
Springs Drive.
5.5 Movies Under the Stars — Mary Poppins — July 27, 2016 — Immediately
following the Concert — Sycamore Canyon Park, 22930 Golden Springs
Drive.
5.6 Parks and Recreation Commission Meeting — July 28, 2016 — Windmill
Community Room, 21810 Copley Drive.
5.7 City Council Meeting — August 2, 2016 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: C/Low moved, C/Herrera seconded, to approve the
Consent Calendar with the exception of Item 6.2 Council Meeting Minutes of
June 21, 2016 (correction on first page under Roll Call — changing the word
commissioner Low to Council Member Low); and, Item 6.12 for further discussion
pulled by C/Low. Motion carried by the following Roll Call vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
Herrera, Low, Tye, MPT/Lin, M/Lyons
None
None
6.1 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS
AND ADOPT THE CONSENT CALENDAR.
6.2 APPROVED CITY COUNCIL MINUTES — Regular Meeting of June 21,
2016 —As corrected.
6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MINUTES for the Regular Meeting of May 26, 2016.
6.4 RECEIVED AND FILED PLANNING COMMISSION MINUTES:
6.4.1 Regular Meeting of May 24, 2016.
6.4.2 Regular Meeting of June 14, 2016.
6.5 RATIFIED CHECK REGISTER — Dated June 16, 2016 through July 13,
2016 totaling $2,706,263.01.
6.6 APPROVED TREASURER'S STATEMENT — Month of May 2016.
JULY 19, 2016 PAGE 6 CITY COUNCIL
6.7 APPROVED EXPENDITURES WITH DIVERSIFIED PRINTERS, INC.
FOR PRINTING SERVICES IN THE AMOUNT OF $61,800 PLUS A 10%
CONTINGENCY FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $67,980
FOR FISCAL YEAR 2016-2017 AND AUTHORIZED THE CITY
MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS FOR SUCH
SERVICES.
6.8 APPROPRIATED $4,084 FROM THE GENERAL FUND RESERVES TO
THE FISCAL YEAR 2016-2017 CAPITAL IMPROVEMENT PROGRAM
BUDGET; ADOPTED RESOLUTION 2016-25: APPROVING PLANS AND
SPECIFICATIONS AND ESTABLISHING A PAYMENT ACCOUNT; AND,
AWARDED THE CONSTRUCTION CONTRACT FOR THE DIAMOND
BAR CENTER RESTROOM LIGHTING PROJECT TO TAMANG
ELECTRIC, IN THE AMOUNT OF $26,440, AND AUTHORIZED A
CONTINGENCY AMOUNT OF $2,644 (10% OF THE TOTAL
CONTRACT) FOR CONTRACT APPROVAL BY THE CITY MANAGER
FOR A TOTAL AUTHORIZATION AMOUNT OF $29,084.
6.9 EXONERATED SURETY BOND NO. 389205S IN THE AMOUNT OF
$327,540 AND SURETY BOND NO. 389647S IN THE AMOUNT OF
$133,710 POSTED BY JCCL-SOUTH POINTE WEST, LLC, FOR
TENTATIVE TRACT MAP 63623 TO MITIGATE THE LANDSLIDE AT
THE LOCATION OF THE FUTURE LARKSTONE PARK AND THE
REHABILITATION OF LARKSTONE DRIVE.
6.10 APPROPRIATED $80,000 OF TRAFFIC IMPROVEMENT FUNDS TO
THE FISCAL YEAR 2016-2017 CIP BUDGET; ADOPTED RESOLUTION
2016-26: APPROVING PLANS AND SPECIFICATIONS AND
ESTABLISHING A PROJECT PAYMENT ACCOUNT; AWARDED THE
CONSTRUCTION CONTRACT FOR THE AREA 4 RESIDENTIAL AND
COLLECTOR ROAD MAINTENANCE PROJECT (BOUNDED BY CITY
LIMIT TO THE NORTH, CALBOURNE DRIVE/CITY LIMIT TO THE
WEST, PATHFINDER ROAD TO THE SOUTH, BREA CANYON
ROAD/SR57 FREEWAY TO THE EAST) TO ALL-AMERICAN ASPHALT
INC. IN THE AMOUNT OF $1,606,000 AND AUTHORIZED A
CONTINGENCY AMOUNT OF $92,247 (5.74% OF THE TOTAL
CONTRACT) FOR CONTRACT CHANGE ORDERS TO BE APPROVED
BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT
OF $1,698,247. "
6.11 ADOPTED RESOLUTION NO. 2016-27: AUTHORIZING
PARTICIPATION IN THE NATIONAL INTERGOVERNMENTAL
PURCHASING ALLIANCE TO PURCHASE JANITORIAL SUPPLIES FOR
CITY FACILITIES FROM WAXIE SANITARY SUPPLY AS DISTRIBUTOR
FOR THE NETWORK SERVICES COMPANY, IN THE AMOUNT NOT -
TO -EXCEED $65,000 FOR FISCAL YEAR 2016-17.
JULY 19, 2016
PAGE 7
CITY COUNCIL
6.13 APPROVED AGREEMENT WITH SIMPSON ADVERTISING, INC. FOR
SPECIALTY GRAPHIC DESIGN SERVICES IN A NOT -TO -EXCEED
AMOUNT OF $61,762 FOR FISCAL YEAR 2016-2017 WITH AN OPTION
FOR THREE (3) ONE-YEAR RENEWALS.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.12 UPDATED PROGRAM POLICIES FOR THE CITY'S HOME
IMPROVEMENT PROGRAM.
C/Low said that one of the primary goals of this revision is unfortunately as
a result of an individual who took advantage of this program. She asked if
there was an outstanding loan portfolio of this program and how many
homeowners this program served during the last fiscal year.
CM/DeStefano said he did not recall the number of homeowners served
by the program. At this time there are approximately 41 loans in play
representing about $327,000 of CDBG money.
C/Low said she was concerned that a homeowner who has a first or
second lien on their property should incur a criminal conviction for running
a drug house/grow house or by engaging in human and other trafficking or
other uses outside of the policy, would the City be able to insert language
that to make it automatic that at that point to demand that the loan be paid
in full.
CM/DeStefano said it can be done and a suggested a sentence to be
added to Page 12, Section 7 that would say that "failure to adhere to these
terms and conditions shall be grounds for the City to demand immediate
repayment of the HIP loan."
C/Low said she would like to make that addition to the policy.
CM/DeStefano stated that during the last fiscal year, the City supported
two homes with loans via the Home Improvement Program.
C/Low moved, C/Herrera seconded, to accept the updated program
policies for the City's Home Improvement Program with the following
addition to Page 12, Section 7 to read "failure to adhere to these terms
and conditions shall be grounds for the City to demand immediate
repayment of the HIP loan." Motion approved by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin,
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
JULY 19, 2016 PAGE 8 CITY COUNCIL
7. PUBLIC HEARINGS:
7.1 ADOPT RESOLUTION 2016-28: ASSESSING A NUISANCE
ABATEMENT LIEN/SPECIAL ASSESSMENT, AGAINST 1162 CHISOLM
TRAIL DRIVE.
CM/DeStefano stated this is a Public Hearing regarding an Abatement
Lien and Special Assessment against property located at 1162 Chisolm
Trail Drive.
CDD/Gubman reported that the property in question is located at 1162
Chisolm Trail Drive which is in the Stonegate neighborhood off Grand
Avenue and Cahill Place. A recap of the Code Enforcement history on
this property includes documentation of property maintenance violations
beginning March 20, 2014. Shortly thereafter, staff learned that the owner
left the country due to health issues and that other family outside of the
country had initially assumed responsibility for maintenance of the vacated
home. Eventually, the maintenance stopped and the family contact no
longer responded to staff's attempts to communicate with him. The City
performed its first nuisance abatement on November 5, 2015 and on April
5, 2016, the City Council approved placement of a lien on the property in
the amount of $8,291 in order to recover the costs directly related to the
abatement process.
Staff has continued to monitor the overall condition of the property and
determined this past spring that a follow up abatement was necessary.
On May 17, 2016 the City obtained an Abatement Warrant and on May 19
the City's contractor performed a thorough cleanup of the' weeds,
overgrowth and debris (as shown in the slide presentation). Once the
nuisance is abated, the City is authorized to seek fair compensation for
the expenses incurred in performing the abatement. The preferred
method is to impose a Special Assessment on the property that becomes
due with the property tax bill. For this property the assessment amount is
$5,821.57. The Resolution recommended for adoption provides an
itemized accounting and staff hours that were expended" during the
abatement effort. The purpose of tonight's hearing is to present the City
Council with staff's accounting of the costs to the City which include
attorney's fees; allow representatives of the owner to be heard; and, then
for the Council to render its decision on whether or not to impose the
assessment and, if so, to set the amount to be assessed.
On July 5, 2016 staff sent the property owner notice of tonight's hearing
via Certified First Class Mail, physically posted notice on the property and
sent an email to the address used in prior communications. All attempts
to contact persons known to be affiliated with the property were met
without response.
JULY 19, 2016 PAGE 9 CITY COUNCIL
Staff will continue to monitor the subject property and perform additional
abatements as needed until the property has been sold for unpaid
delinquent assessments or the property owner's agents again voluntarily
recommend maintenance of the property.
M/Lyons opened the Public Hearing at 7:20 p.m.
With no one present who wished to speak on this matter, M/Lyons closed
the Public Hearing at 7:21 p.m.
MPT/Lin said he was puzzled about why the owner would not have hired
someone to maintain the property at a much lesser cost. He asked why
staff's time and charges equated to only $37.50 per hour which to him
seems very low and felt staff's time should be assessed at real value.
CDD/Gubman explained that staff's report includes the abatement cost
report which shows the fully loaded hourly rate which is the base salary
and additional costs of the employee's benefits. The hourly rate for the
Neighborhood Improvement Officer was tallied at $45.17 per hour; for the
Parks and Maintenance Superintendent it was 7 hours at $67.91 per hour;
and for the Community Development Director $106.46 per hour.
CM/DeStefano said he believed the confusion may rest on the fact that the
staff report indicates 32 hours of time at $1,538.74 and the item on the
screen says 41 hours. At this point, staff would recommend that the
Council move forward with the proposed action and staff will work on the
math and associated costs on future projects because to go back and try
to change the numbers now on this project and possibly the next project
would require that the process start over again.
C/Tye asked if the $5,821 would be added to the property tax bill.
CDD/Gubman responded that C/Tye was correct.
C/Tye asked if staff had verification that property taxes were being paid.
CDD/Gubman responded that the latest property profile showed no
delinquencies so it would appear that they are paying the property tax.
C/Tye asked if this entire amount would be on the next property tax bill or
split over two installments.
CDD/Gubman said his understanding is that it would be payable in two
installments.
JULY 19. 2016 PAGE 10 CITY COUNCIL
C/Herrera moved, C/Low seconded, to Adopt Resolution No. 2016-28:
Assessing a Nuisance Abatement Lien/Special Assessment, against 1162
Chisolm Trail Drive. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin,
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
7.2 ADOPT RESOLUTION NO. 2016-29: ASSESSING A NUISANCE
ABATEMENT LIEN/SPECIAL ASSESSMENT, AGAINST 21224 FIBRE
COURT.
CDD/Gubman stated that the Municipal Code authorizes him to declare
certain properties to be "public nuisances" and when a Declaration of a
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. While this is not the appropriate course of
action taken for all property maintenance violations, the abatement
process is the tool we use when prosecution or other options would be too
heavy handed, time-consuming, or carry excessive upfront costs. This
property is located on the north side of the SR60 just to the southwest of
the SR57/60 confluence, south of Washington Street off of Lincoln
Avenue. Non-compliance with the City's property maintenance standards
at this property has been an ongoing Code Enforcement issue for several
years. In the past, the Neighborhood Improvement staff was able to
obtain voluntary compliance. After repeated efforts, however, more recent
efforts have been unsuccessful and the property is evidently abandoned.
On May 12, 2016 the City issued a Notice and Order to abate the
documented property maintenance violations. The notice was mailed via
First Class and Certified Mail to the property address as well as, to
possible relatives throughout the country and the notice was physically
posted on the subject property. The notice stated that if the violations
were not abated within 10 days from the day of notice, the City would
complete the work with all related costs of work assessed against the
property. The City received responses from two relatives who stated they
had no contact with the property owner. The notice that was mailed to the
property address was returned marked "deceased." Staff subsequently
learned that this property is in tax default and is scheduled for a 2017 tax
sale.
On June 8, 2016 the City obtained an Abatement Warrant allowing it to
perform nuisance abatement on the property. City staff and contractors
entered the property on June 10, 2016 to perform the work authorized by
the Superior Court which included trimming all overgrown vegetation, and
JULY 19, 2016 PAGE 11 CITY COUNCIL
removal of all weeds as well as, dead and dying vegetation from the front,
side and rear yards. (Photos of the property prior to and after the work
was done were provided during the Public Hearing).
For this property, expenses incurred to execute the abatement totaled
$6,280.89 as summarized. The Resolution staff recommends for adoption
provides a fully itemized accounting of the staff hours that were expended
during the abatement effort. Staff is presenting the City Council with its
accounting of the cost to the City including attorney's fees and
recommending that the Public Hearing be opened, allowing property
owner representatives to be heard and render a decision on whether or
not to impose the recommended assessment.
On July 5, 2016 staff issued a written notice via Certified and First Class
Mail to the mailing address of the property owner and all known relatives
that the City would hold a Public Hearing this evening to consider placing
a special assessment on the property in the amount of $6,280.89 to
recover the full abatement costs as itemized in the cost report. In addition,
staff physically posted the property with the notice as shown in the
presentation. On July 1, 2016 the County Assessor declared the subject
property to be in default; however, the property will not be set for auction
until October 2017. While the County's property management decision
may undertake some limited maintenance actions during the tenancy of
the tax sale, the City may have to perform periodic abatements until the
property is sold.
M/Lyons opened the Public Hearing at 7:32 p.m.
With no one present who wished to speak on this matter, M/Lyons closed
the Public Hearing at 7:33 p.m.
MPT/Lin found disparity between the number of staff hours of 23 1/2 and
the slide that shows 37 hours.
CDD/Gubman explained that the slides for this and Item 7.1 had
typographical errors with tables that were carried over from previous
presentations and staff missed the hourly tally. The dollar amounts are
correct, however and the staff time hours are not. The staff report
contains the correct information.
C/Tye asked if the lien is the only mechanism that the City has to collect
its fee. If the City knows this property will be vacant until October 2017 is
there anything that can be done on a proactive basis rather than having to
go through procedures that involve incurring legal costs, etc. To
MPT/tin's point it would be less expensive for the City to send a gardener
to the property once a month.
JULY 19, 2016 PAGE 12 CITY COUNCIL
M/Lyons agreed with C/Tye and MPT/Lin and said if she was a neighbor
of the property she would be very upset that the property will be left to
deteriorate until October 2017. Would the City be able to put in a minimal
amount of landscaping?
CA/DeBerry explained to the Council that the problem is that in order to go
onto the property the City needs the Court's permission. For the City to go
onto the property to mow the lawn would be considered a trespass
because the City has no right to be upon the property. Staff could look at
the Code to see if additional costs that are being incurred could be
avoided but typically in a code there is a process that dictates notice of
violation and a second notice of violation and without those notices the
City cannot obtain the abatement order until those steps have first been
taken. Knowing that the property owner is not at the premises and that
the property will be sold, there may be a way to expedite that to try to keep
the costs down for the City because obviously, the costs of enforcement
exceed the costs of keeping it cleaned up.
M/Lyons asked if only the front yard could be made to look better and the
City could recoup the dollars for that effort.
CA/DeBerry reiterated that the City's ability is just to abate the nuisance,
not necessarily to upgrade the property. In order to do that and recoup
the cost the City would have to get the permission of someone that was in
lawful occupation of the property which limits the City.
M/Lyons asked if there was anything that could be done about the car in
the driveway.
CA/DeBerry said that may be a different issue. If it is an inoperable
vehicle there are provisions within the City Code that disallows storage of
inoperable vehicles on front driveways.
M/Lyons asked if staff knew whether it was an inoperable vehicle.
CDD/Gubman said that staff believes that it is inoperative and
strategically, staff has elected to leave the vehicle in the driveway so that
the property does not appear abandoned in order to possibly reduce the
likelihood of the house being vandalized.
C/Low asked if the City was able to add liens to this property up and to the
time that it is sold.
CDD/Gubman responded yes and said that staff believes it will be
necessary to continue performing abatements until the property is sold.
Staff does not believe that the County's property maintenance division will
be inclined to perform that work which would then fall to the City to
JULY 19, 2016 PAGE 13 CITY COUNCIL
perform.
C/Herrera asked if the City had to go to Court to get permission in the
event of future abatements or because that was done the first time it
precludes getting permission in the future.
CDD/Gubman said that the City does not have to post an Order to Abate
for subsequent abatements. However, the City still has to obtain an
Abatement Warrant which means the City can save time for future
abatements but must still secure the warrant.
C/Tye asked if it was possible to get an Abatement Order that allowed the
City to go onto the property to perform abatement services until it is sold
on October 2017.
CA/DeBerry said he was not aware that it could be done but staff will look
into it. He believes that if the County comes into lawful possession of the
property it may be that the City could work something out with the County
for permission to go onto the property and ultimately spend less money
abating the nuisance.
C/Tye asked if the County would be able to take lawful possession prior to
October 2017.
CA/DeBerry said he suspected it would have to be the case.
C/Herrera moved, C/Low seconded to Adopt Resolution No. 2016-29:
Assessing a Nuisance Abatement Lien/Special Assessment against 21224
Fibre Court. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
8. COUNCIL CONSIDERATION: None
Herrera, Low, Tye, MPT/Lin,
M/Lyons
None
None
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Herrera reported that last Saturday she attended the Walnut Sheriff Station's
family picnic at Meadowpass Park in Walnut where a lot of individuals were able
to thank deputies that work out of the Walnut Sheriff's Station for the great work
they do putting their lives on the line to keep citizens safe, for being watchful and
mindful of crimes occurring in the area. The picnic was very well attended and
she was pleased that attendees were able to spread the message that citizens
JULY 19, 2016 PAGE 14 CITY COUNCIL
value their public safety very highly
C/Low echoed C/Herrera that everyone values law enforcement personnel very
highly and thank them for bravely doing their job and dedication to serving the
public every day. She congratulated Sgt. Saunders on his retirement and wished
him the best. Our hearts go out to the families and colleagues of the officers who
lost their lives in the line of duty in Louisiana and Texas. It is summertime and
there is a lot to do in Diamond Bar and hoped that, everyone would take
advantage of the Concerts in the Park series and Movies under the Stars
following the Concerts because it is a great way to meet one's neighbors which
can be life -changing. For kids there is DB4-Youth, summer classes and many
summer activities at the Library including the Summer Reading Program. If
people have noticed that there is roadwork on Diamond Bar Boulevard and
Golden Springs Drive it is Southern California Edison doing upgrade work on
their vaults. SCE expects to be finished with their work by the end of July.
C/Tye said that a few weeks ago he had the opportunity to meet with
Congressman Royce at his Brea office to bring up a variety of issues, not the
least of which is the SR57/60 interchange and the grants the City is entitled to.
He was very, very disappointed to find out more Federal funds would not be
coming for this project in the most recent budget but he is confident that
Congressman Royce will remain vigilant and continue to make it clear to
everyone what a bottleneck that area is in this community and in the region. It
was Congressman Royce who brought Congressman Schuster to Diamond Bar
from Pennsylvania and Secretary Fox as well to see the problem firsthand. It
was quite an experience to see these to individuals leave Washington to see the
problem up close and personal. Congressman Royce realizes this is of great
concern to Diamond Bar and is committed to helping the City get the "fix" done
as soon as possible.
MPT/Lin echoed C/Tye's comments regarding the SR57/60. The only potential
recourse is Measure M on the November ballot. The SR57/60 Confluence
Project is on the top 10 of the highway improvement projects and with funding is
scheduled for construction in 2019-20. He has known Sgt. Saunders for the past
year and a half and he is a very pleasant person to be around. He is wished
much good luck in his retirement. The City had a very wonderful and successful
July 4 celebration. He thanked CSC/Tarazon. More than 10,000 individuals
were present for the fireworks which is one of the largest events he has
witnessed in the City of Diamond Bar.
M/Lyons asked residents to be on the lookout for dirty or green pools which can
be a breeding ground for mosquitos that could potentially be carrying West Nile
Virus. Anyone who sees such a pool is asked to call the Great Los Angeles Area
Vector Control District at 562-944-9656 or report it online at www.glacvcd.org.
Several complaints have been received about green pools in the City and those
need to be remediated. She thanked CDD/Gubman for his work on updating the
City's Home Improvement Program which contains a lot of useful information.
JULY 19, 2016 PAGE 15 CITY COUNCIL
She was very excited to attend the Grand Reopening of Round Table Pizza
which is open in the Albertson's Center. Sgt. Marc Saunders will be greatly
missed. She congratulated staff led by CSC/Tarazon on the 4th of July Blast
which was a terrific celebration with great music by Cold Duck. The fireworks
were very festive and the food was perfect.
ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the
Regular City Council Meeting at 7:47 pm
TOM— MCRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this 2d day of. Ang„-+- 12016.
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