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HomeMy WebLinkAbout06/16/1998 Minutes - Regular MeetingCITY COUNCIL STUDY SESSION IN-HOUSE RECREATION SERVICES JUNE 16, 1998 CALL TO ORDER: Mayor Herrera called the meeting to order at 5:12 p.m. in the South Coast Air Quality Management District Rooms CC -3 & 5, 21865 Copley Drive, Diamond Bar, California. Present: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang and Mayor Herrera. Also present: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; Bob Rose, Community Services Director; David Liu, Deputy Director of Public Works; Kellee Fritzal, Assistant to City Manager, Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Director and Tommye Nice, Deputy City Clerk; Wendy Bowman, Community Services Supervisor and Ted Owens, Community Services Manager, City of Brea. 2. DISCUSSION REGARDING IN-HOUSE RECREATION SERVICES. CM/Belanger referred to proposals from the cities of Brea, Chino Hills and Diamond Bar for an in-house program. He stated that the issues of concern involve costs as well as the philosophy of providing services. CSD/Rose pointed out that an 18% overhead figure ($91,044) had been added to the cost calculations for an in-house program. All three responses to requests for proposals include basic programming that has been offered by the City for several years which includes the Contract Class Program (100 classes with more than 4,000 participants), Sports Program (volleyball, basketball, soccer, slow -pitch softball), Youth Sports Program (summer baseball, youth basketball, youth indoor soccer, youth track and field, and support of San Gabriel Valley tournament participants), Tiny Tots Program (new programs at Pantera Park), Concerts in the Park, Summer Day Camp Program, and Teen Program (teen excursions, teen leadership). He further stated that the difference between the contracted program was that the in- house proposal included full time and part time administrative positions. The current program contracted through the City of Brea includes one full time supervisorial position and part time support including two part time clerical support personnel (one 30 hours per week and one 20 hours per week. The Chino Hills proposal includes hourly rates and benefits significantly higher for all positions. He pointed out that the person who is assigned to run D.B.'s program needs to be able to conduct businesses autonomously. In response to C/O'Connor, CSD/Rose explained that the in-house proposal contemplates about $20,000 in additional revenue for approximately 20 classes which have been added to fill out the duties of the permanent full- JUNE 16, 1998 PAGE 2 COUNCIL STUDY SESSION time program administrator. The intent of the Chino Hills proposal is to subcontract out many of the adult sports programs which result in expenses being transferred to the provider. In response to C/Ansari, CSD/Rose stated the equipment belongs to D.B. under the City of Brea proposal. Under the Chino Hills program, the equipment belongs to the subcontractor. In addition, the adult sports program is less because in a couple of instances, the players pay fees directly to the officials. In this instance, the City neither collects or expends these fees. The City of Chino Hills does not run youth sports programs for Chino Hills residents. CSD/Rose pointed out that the $61,521 City of Brea figure for Supplies and Equipment contemplates the purchase of new equipment which is held in D.B.'s budget. Any monies not expended are retained by the City of D.B. In response to C/Huff, CSD/Rose believed that conducting the programs with staff or contracted personnel affords the City better and more consistent representation. Allen Hart said he had observed the deterioration of subcontracted programs that do not have the benefit of local control. Joe Motto said he plays in the basketball league. Sometimes, when the teams arrive at the school sites, the playing field lights are not turned on and wondered who the team should contact. The referees are paid out of the team players' pockets and is expensive for the players when the programs are subcontracted. CM/Belanger stated that the in-house program and the City of Brea proposal include referee costs as a part of their basic fees. The referees are paid at the game under subcontracted programs proposed by the City of Chino Hills. The philosophy of the City of D.B. is that the fee is paid one-time and whether or not the referee shows up to the game, the players should not have to be concerned about paying additional fees. CSS/Bowman explained that the league fee is obviously lower for cities in which the players pay the referees in cash. The City of Brea proposal includes the official's fees in the league fee. Brea contracts for its own officials which are retained through the year. CSD/Rose stressed that the City of Brea and in-house proposals include one-time fees for youth and adult sports, whereas the City of Chino Hills proposal contemplates an up -front fee plus a $25/game/participant charge. CMS/Owens stated that all of the City of Brea basketball and softball officials are CNF certified. JUNE 16, 1998 PAGE 3 COUNCIL STUDY SESSION CSD/Rose explained that revenue projections are contemplated to recover the direct costs - program costs including equipment costs, supplies, staff, etc. and contract classes, including administrative fees. Top line administration costs are not contemplated to be recovered. CM/Belanger stated that the ramifications that are not easily quantifiable automatically become the City's responsibility when the program is brought in-house. CSS/Bowman pointed out that Brea does not come close to expending the projected budget amount for equipment. She cited the example that when the City initiated the soccer program, it was not certain that the program would be successful. In the interim, Brea borrowed the necessary equipment instead of purchasing it up front. Now that the City is assured that the program will be successful, approximately $800 to $1,000 of equipment will be purchased. Additionally, Brea partnered with a City of L.A. group and borrowed basketball hoops for the youth basketball program. CM/Belanger stated that if Council determines that it wants to proceed with an in-house program or contract with another city, the suggestion would be to give staff lead time to deal with manpower and other issues. In accordance with Council wishes, staff will recommend a transition date. With the July 1, 1998 Suite 100 move to the new space, office facilities will be provided to house staff for an in-house program. M/Herrera pointed out that if the City loses revenue as a result of the loss of motor vehicle license fees, there will be budget cut considerations. MPT/Chang also pointed out that the City will need to deal with the $915,000 population shortfall. C/O'Connor responded to Allen Wilson that the Parks Master Plan consultant recommended that the City continue with its current recreational program contract service. CM/Belanger responded to Allen Wilson that whether or not a community center would benefit from an in-house program, it would depend upon what other types of uses would be available in the community center. If the City had a Civic Center which contained other facilities such as a City Hall, Library, Community Center/Senior, etc., there would be some beneficial effect by having the recreation department housed in the Community Center Monday -Friday. However, there will be additional times when staff must be available which will result in additional costs. The City attempts to offset those additional costs by offering things that will be attractive to the community for market purposes - weddings, receptions, etc., where the City attempts to offset some of the staff costs. JUNE 16, 1998 PAGE 4 COUNCIL STUDY SESSION 4. ADJOURNMENT: There being no further business to conduct, Mayor Herrera adjourned the study session at 6:14 p.m. TOMMYE NICE, Deputy City Clerk ATTEST: lai4u— Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 16, 1998 STUDY SESSION: 5:12 p.m. - AQMD Room CC -3 & 5 a. In -House Recreation Services CLOSED SESSION: None 2. CALL TO ORDER: Mayor Herrera called the meeting to order at 6:43 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Dr. Lawrence Rhodes INVOCATION: Pastor Larry Grigsby, Calvary Chapel of Diamond Bar ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera. Also Present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Director of Public Works; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Director and Tommye Nice, Deputy City Clerk. APPROVAL OF AGENDA: As presented. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificate of Recognition to Andrew Badger, D.B. High School graduate, for his accomplishments in track and field. 3.2 David Liu presented information regarding expansion of the CalTrans Park -N -Ride at D.B. Blvd. and SR 60. 4. PUBLIC COMMENTS: Martha Bruske recommended that Commissioners who speak before Council as individuals identify themselves, state which Commission they serve on, and by which Council Member they were appointed. She believed the Park -N -Ride presentation should have been scheduled under regular Council business instead of under Special Presentations, Certificates, Proclamations. She stated that when this issue was originally brought before Council, she spoke in opposition to removal of the landscaping. She asked how providing 100 additional parking spots will assure that shopping center parking lots will not be used for commuter vehicle parking. Residents are limited to restricted parking while commuter vehicles take up valuable parking spaces. She suggested that the City make JUNE 16, 1998 PAGE 2 CITY COUNCIL all of the parking spaces useful by removing mobile home residences and Goodwill trailers. She asked what kind of commitment the City made to CalTrans at incorporation. By what authority do the big rigs park overnight in the Kmart shopping center parking lot. Lydia Plunk said that Edda Gahm wished to thanked Martha Bruske, Patty Anis, Carolyn Elfelt, and Dexter and Grace MacBride for stepping in to help her when she was short of personnel at the Lorbeer Junior High School polling location. Allen Wilson asked Council to reconsider banning "Saturday Night Specials." Clyde Hennessee spoke against banning "Saturday Night Specials." Further, he understood that Century Cable had raised its rates. Carolyn Gong stated that USA Waste Management trucks leave oil spots on residential streets and some of the walls along Grand Ave. between Longview and Summitridge need to be painted. She asked if Council could take a position on a homeowner who has not installed landscaping in more than 12 years. 5. SCHEDULE OF FUTURE EVENTS: 5.1 SUMMER CONCERTS IN THE PARK SERIES BEGINS - Mike Henebry Orchestra (Big Band) - June 17, 1998 - 6:30 p.m., Sycamore Canyon Park. 5.2 PLANNING COMMISSION - June 23, 1998 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.3 CONCERTS IN THE PARK - The Hodads (70's Retro Party Time) June 24, 1998 - 6:30 p.m., Sycamore Canyon Park. 5.4 PARKS & RECREATION COMMISSION - June 25, 1998, - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.5 CITY OFFICES CLOSED Friday, June 26, 1998 due to moving of the Suite 100 Administrative Offices. 5.6 CONCERTS IN THE PARK - Long Beach Junior Concert (Patriotic) - July 1, 1998 - 6:30 p.m., Sycamore Canyon Park. 5.7 JULY 4TH HOLIDAY - In observance of the July 4th Holiday, City Offices will be closed on Friday, July 3, 1998. City Offices will reopen on Monday, July 6, 1998. 5.8 CITY COUNCIL MEETING - July 7, 1998 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by C/Huff, seconded by MPT/Chang to approve Consent Calendar with the exception of Items No. 6.7, 6.9b, 6.11, 6.14, 6.15, 6.16 and 6.17. Motion carried by the following JUNE 16, 1998 PAGE 3 CITY COUNCIL Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES - Regular Meeting of June 2, 1998 - as submitted. 6.2 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of April 9, 1998. 6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES: 6.3.1 Regular Meeting of April 28, 1998. 6.3.2 Regular Meeting of May 12, 1998. 6.4 APPROVED VOUCHER REGISTER - dated June 16, 1998 in the amount of $333,606.29. 6.5 APPROVED MEMBERSHIP OF THE VENTURA PORT DISTRICT, GATEWAY CITIES COUNCIL OF GOVERNMENTS (COG), AND AGOURA HILLS AND CALABASAS COMMUNITY CENTER AUTHORITY (CCA) INTO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA). 6.6 APPROVED EXONERATION OF CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR 2653 WAGON TRAIN LANE. 6.8 APPROVED INCREASE IN CONTRACT WITH PAUL WRIGHT FOR AUDIONISUAL SERVICES - by $750, for a total contract of $10,650. 6.9 EXTENDED MAINTENANCE CONTRACTS: a) CITYWIDE STREET TREE MAINTENANCE CONTRACT WITH WEST COAST ARBORISTS, INC. - in an amount not - to -exceed $60,000 for FY 98/99; C) WEED/LITTER ABATEMENT CONTRACT WITH LANTERMAN DEVELOPMENTAL CENTER - for supplemental weed and litter abatement for FY 98/99 for a total contract amount of $16,483. 6.10 AWARDED CONTRACT FOR LANDSCAPE MAINTENANCE - for Citywide Landscape Maintenance Services to Accurate Landscape JUNE 16, 1998 PAGE 4 CITY COUNCIL and Maintenance in the amount of $233,364 plus a contingency of up to $50,000 for additional necessary work, limited to those items identified in the specifications. 6.12 ADOPTED RESOLUTION NO. 91-72C: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 91-72B PRESCRIBING A METHOD OF DRAWING WARRANTS AND CHECKS UPON CITY FUNDS - adding the Deputy City Manager as an authorized signer of City warrants and checks through October 31, 1998. 6.13 ADOPTED RESOLUTION NO. 98-37: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR SIDEWALKS AND HANDICAP RAMPS THROUGHOUT THE CITY OF DIAMOND BAR THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG). MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.7 APPROVAL OF AMENDMENT NO. 3 TO CONTRACT WITH DIVERSIFIED PARATRANSIT, INC. FOR MONTH-TO-MONTH DIAMOND RIDE SERVICES. In response to M/Herrera, CM/Belanger stated that staff budgeted $302,000 for FY 98/99. M/Herrera asked that staff research other vendors for improved service. Martha Bruske said that this is a very expensive program. Even though it is subsidized by Proposition A funds, it is taxpayer's money and should be carefully monitored. She would like to see a breakdown of the per -ride cost. She asked if the contract provides for no -smoking vehicles. She believed that elderly and handicapped riders who are able to take advantage of reduced rates should be properly represented and have a healthy environment for travel. She expressed interest in reviewing the ridership survey. In response to M/Herrera, CM/Belanger stated that the monthly ridership is $.50 for about 1700 trips. Approximately 800 individuals have cards that permit them to ride the cabs. Staff will provide an analysis of the information for Council's consideration. Following discussion, C/Ansari moved, C/O'Connor seconded, to approve amendment of the contract for month-to-month services by Diversified Paratransit, Inc. Motion carried by the following Roll Call JUNE 16, 1998 vote: AYES: NOES: ABSENT: PAGE 5 COUNCIL MEMBERS - COUNCIL MEMBERS - COUNCIL MEMBERS - CITY COUNCIL Ansari, Huff, O'Connor, MPT/Chang, M/Herrera None None 6.9(b) GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS. Martha Bruske stated that this contractor does a very good job of promptly removing graffiti. She asked for specific documentation regarding the location of the 1600 sites, how many times removal is repeated at given sites and what assistance is provided by the Sheriffs Department. She recommended that the City provide an easier telephone number for reporting graffiti. Lt. Stothers stated that it is important to remove graffiti as quickly as possible. Prior to removing the graffiti, the vendor takes pictures, which are turned over to the Sheriffs Department which provide a means for the Department to identify the perpetrators who are cited and punished. In response to M/Herrera, Lt. Stothers explained that those individuals who are cited reside both inside and outside of the community. MPT/Chang stated that, in addition to prompt graffiti removal, the City of Ontario metes punishment to offending individuals by having them cover the graffiti. Following discussion, C/Huff moved, MPT/Chang seconded, to approve an extension to the contract with Graffiti Control Systems in an amount not -to -exceed $35,000 ($30/site for 1160 sites). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.11 AWARD OF CONTRACT FOR DIAMOND BAR BOULEVARD AT MONTEFINO AVENUE AND QUAIL SUMMIT DRIVE TRAFFIC SIGNALIZATION. C/Huff asked if a realignment of the Montefino Shopping Center driveway would be included with this project. JUNE 16, 1998 PAGE 6 CITY COUNCIL CM/Belanger explained that the City's Engineer determined that the location of the private driveway as it is presently constituted will not create a problem for vehicles entering and exiting the shopping center and that the traffic signal will not have to be removed in order to accommodate any future realignment. In response to C/Huff, DDPW/Liu stated that staff had not had discussions with the property owner regarding ' realignment of the shopping center driveway. The proposed system utilizes microwave detection to detect vehicles exiting the shopping center. Any future proposal to realign the driveway will require only a minor adjustment of the installed traffic signal. C/Huff said he would like to see the realignment completed and believed that staff should talk with the property owner and do whatever needs to be done to correct the matter at this time. C/O'Connor did not understand why the property owner had not been notified that a traffic signal will be installed at the intersection. Allen Wilson expressed concern that too many traffic signals are being installed in the City. He asked if a traffic study was completed that indicated a significant impact requiring installation of a signal. CM/Belanger stated that the traffic signals for D.B. Blvd. at Montefino Ave. and Quail Summit Dr. are warranted signals based on a standard evaluation criteria. Following discussion, MPT/Chang moved, C/Ansari seconded, to award contracts for D.B. Blvd. at Montefino Ave. and Quail Summit Dr. traffic signalization as follows: a) Pro Tech Electrical in an amount not -to -exceed $159,700 and authorized a contingency of $16,000 for project change orders to be approved by the City Manager, for a total authorization of $175,700; b) Inspection services contract to Warren Siecke in an amount not -to -exceed $15,732 and authorized a contingency of $1,600 for project change orders to be approved by the City Manager, for a total authorization of $17,332. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None JUNE 16, 1998 PAGE 7 CITY COUNCIL ABSENT: COUNCIL MEMBERS - None 6.14 APPROVAL OF CONTRACT AMENDMENT/BUDGET ADJUSTMENT FOR D & J ENGINEERING FOR BUILDING & SAFETY SERVICE increasing revenues for Building & Safety Services by $100,000 and expenditures by $60,000. Following discussion, C/O'Connor moved, C/Huff seconded, to approve the contract amendment with D & J Engineering for Building & Safety Services. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.15 AWARD OF CONTRACT FOR PURCHASE OF COPIERS - from Xerox Corporation of two re -manufactured Xerox 5100A copiers for a total cost of $44,382 and authorize a one-year contract with Xerox for full service maintenance at a rate of approximately $1,121 per month. MPT/Chang believed that the maintenance cost of slightly more than $.02 cents per copy is excessive and asked staff to negotiate a lower cost. Following discussion, C/O'Connor moved, C/Huff seconded, to award a contract to Xerox Corp. for purchase of two (2) 5100A re- manufactured copiers. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.16 APPROVAL OF PURCHASE ORDER FOR LASER RADAR GUNS - with Kustom Signals, Inc. for $12,973.76. In response to M/Herrera, CM/Belanger explained that funds for these devices are provided through the COPS program. Martha Bruske said she would like for the City to examine its goals and mission. She felt that motorcycle deputies with radar guns appear to be "lying in wait" and she would prefer visibility to such measures. She suggested that, as an alternative, cameras be installed at strategic locations and that law enforcement officials be utilized for protection services. JUNE 16, 1998 PAGE 8 CITY COUNCIL 7 Following discussion, C/Huff moved, MPT/Chang seconded, to approve a Purchase Order for Laser Radar Guns. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.17 APPROVAL OF CONTRACT WITH ARMENTROUT CONSULTANTS FOR EMERGENCY PREPAREDNESS SERVICES - for one year in an amount not -to -exceed $16,640. Following discussion, MPT/Chang moved, C/Ansari seconded, to approve the contract with Armentrout Consultants for Emergency Preparedness Services. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None PUBLIC HEARINGS: 7.1 a) PUBLIC HEARING - RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1998-1999. On May 18, 1998, Council approved the Engineer's Report and adopted Resolution No. 98-29 to declare the City's intention to levy and collect assessment for District No. 38. Council also set June 16, 1998 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 98/99. b) PUBLIC HEARING - RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 1998/1999. On May 18, 1998, Council approved the Engineer's Report and adopted Resolution No. 98-30 to declare City's intention to levy and collect assessment for District No. 39. Council also set June 16, 1998 as the public hearing date on the levy of the proposed JUNE 16, 1998 PAGE 9 CITY COUNCIL assessments on assessable lots within this District for FY 98/99. c) PUBLIC HEARING - RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1998/1999. On May 18, 1998, Council approved the Engineer's Report and adopted Resolution No. 98-31 to declare City's intention to levy and collect assessment for District No. 41. Council also set June 16, 1998 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 98/99. Consultant John Friedreich presented information regarding LAD Nos. 38, 39 and 41. M/Herrera opened the public hearings. There being no testimony offered, M/Herrera closed the public hearings. M/Herrera moved, MPT/Chang seconded, to continue the matter to July 7, 1998 due to changes that need to be made to both the Engineer's Report and the proposed Resolutions. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7.2 CONTINUED PUBLIC HEARING - MUNICIPAL BUDGET 1998-1999. Martha Bruske commented on the budget and the Employees' Benefit Package. There being no further testimony offered, M/Herrera closed the public hearing. (a) RESOLUTION NO. 89-88A - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING RESOLUTION 89-88 APPROVING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR_ JUNE 16, 1998 PAGE 10 CITY COUNCIL M/Herrera moved, MPT/Chang seconded, to adopt Resolution No. 89- 88A. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None (b) SECOND READING, ORDINANCE NO. 26A(1989): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 26(1989), AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. M/Herrera moved, MPT/Chang seconded, to approve for second reading, waive full reading, and adopt Ordinance No. 26A(1989). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - Ansari, Huff ABSENT: COUNCIL MEMBERS - None (c) RESOLUTION NO. 98-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1998-1999 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE. MPT/Chang moved, C/Ansari seconded, to adopt Resolution No. 98- 38. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None (d) RESOLUTION NO. 98-39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE STATEMENT OF INVESTMENT POLICY. C/O'Connor moved, C/Huff seconded, to adopt Resolution No. 98-39 JUNE 16, 1998 PAGE 11 CITY COUNCIL adopting the FY 98/99 Investment Policy. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari (e) RESOLUTION NO. 98-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR COMMENCING JULY 1, 1998 AND ENDING JUNE 30, 1999 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNT, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH. MPT/Chang moved, C/Huff seconded, to adopt Resolution No. 98-40 approving and adopting a budget for the City for the FY commencing July 1, 1998 and ending June 30, 1999 including maintenance and operations, special funds and capital improvements and appropriating funds for account, departments, divisions, objects and purposes therein set forth with the changes/additions enumerated by CM/Belanger. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7.3 CONTINUED PUBLIC HEARING - ZONING CODE AMENDMENT (ZCA 97-1) - DRAFT DEVELOPMENT CODE, CITYWIDE DESIGN GUIDELINES AND NEGATIVE DECLARATION 97-3 - On December 9, 1997, the Planning Commission recommended approval of the draft Development Code and Citywide Design Guidelines. These documents were then transmitted to Council and four study sessions were conducted. Public hearings on the Code began on March 17, 1998 with subsequent hearings held April 7, April 21, May 5 and May 18, 1998. At its May 18, 1998 meeting, Council completed its review of all articles and directed staff to prepare the adopting Ordinance for the Development Code and the adopting Resolution for the Citywide Design Guidelines. M/Herrera opened the public hearing. There being no testimony offered, M/ Herrera closed the public hearing. JUNE 16, 1998 PAGE 12 CITY COUNCIL CA/Jenkins stated that there are changes that need to be made to the Ordinance. RECESS: M/Herrera recessed the meeting at 9:37 p.m. to allow Council an opportunity to review the City Attorney's recommended changes to the Ordinance. RECONVENE: M/Herrera reconvened the meeting at 9:51 p.m. C/Ansari left the meeting at 9:51 p.m. CA/Jenkins presented the changes and corrections for Ordinance No. 02(1998): Section 22.36.030 E. Sign copy, Paragraph 2, to read as follows: Delete the first sentence "A minimum of 50 percent of sign copy shall be in English characters." Add the following sentence to be placed in the paragraph as the next to the last sentence after the sentence that reads "Address numbers shall be in Arabic numerals" to read as follows: "Each business must provide identification signage in English characters." In response to M/Herrera, CA/Jenkins explained that the change reflects 1 st Amendment case law. In response to C/Huff, CA/Jenkins stated that the City can require that all businesses have some identification signage as a public safety matter; that identification, either generic identification as to the type of business or the name of the business be in English, and that the address be in English. What the City cannot dictate is the actual percentages of the languages on the sign. The City could specify the size of the characters with objective criteria (visible from the street, etc.), such as a 4" minimum. C/Huff would like to have language contained in the Code to reflect objective criteria in order to preserve the intent of the community. CA/Jenkins concurred with M/Herrera that the added sentence could be amended to read as follows: "Each business must provide identification signage in English characters not less than four inches (4") in height." Council concurred. CA/Jenkins confirmed to C/O'Connor that all references to "Draft" Development Code will be deleted from the Ordinance. There being no further testimony offered, M/Herrera closed the public hearing. JUNE 16, 1998 PAGE 13 CITY COUNCIL C/O'Connor moved, MPT/Chang seconded, to adopt Resolution No. 98-41; waive full reading and approve for first reading by title only amended Ordinance No. 02(1998). (a) RESOLUTION NO. 98-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING AND ESTABLISHING CITYWIDE DESIGN GUIDELINES AS PART OF THE CITY'S DEVELOPMENT CODE. (b) ORDINANCE NO. 02(1998): AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING A DEVELOPMENT CODE (CASE NO. ZCA 97-1) AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 8. OLD BUSINESS: None 9. NEW BUSINESS: 9.1 ORDINANCE NO. 03(1998): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE DIAMOND BAR MUNICIPAL CODE RE: HEALTH CODE (RESTAURANT RATINGS). Following discussion, MPT/Chang moved, C/Huff seconded, to approve first reading, waive full reading, and set the public hearing for July 21, 1998. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari RECESS TO REDEVELOPMENT AGENCY MEETING: 10:20 p.m. RECONVENE CITY COUNCIL MEETING: 10:30 p.m. JUNE 16, 1998 PAGE 14 CITY COUNCIL 10. COUNCIL SUB -COMMITTEE REPORTS: MPT/Chang reported on his attendance at the June 4, 1998 League of Cities meeting. A major topic of discussion was AB 2010 extending the authority of the Santa Monica Mountains Conservancy from the mountain area to the L.A. and San Gabriel Valley river watershed area. He congratulated Jack and Kathy Newe, owners of E -N Realty, for celebrating 25 years of business in D.B. C/Huff stated that he and C/O'Connor completed their duties of service on the Solid Waste Task Force. He thanked community members for their participation, and J. Michael Huls for moderating the meetings. M/Herrera reported that the Off -Site Task Force completed a series of meetings and have finished the report to Council. She thanked the volunteers who served on the Task Force. 11. COUNCIL MEMBER COMMENTS: MPT/Chang thanked the community volunteers who served on the Off -Site and Solid Waste Task Forces. On June 6, 1998, he and his son, Howard, participated in the DBIA "Paint Your Town" project. He announced that he had attended the Walnut Sheriffs Department Open House on June 6 and that on Saturday, June 20, 1998, the D.B. Chinese American Association would be holding its 8th annual dinner party at the Sheraton Hotel in the City of Industry. C/O'Connor said that, on June 1, 1998, she noticed several campaign signs for one candidate duct taped to City trees. She wondered if the trees are damaged and if the City would bill the candidate CM/Belanger was unaware of any damage to trees. If damage was done, appropriate action will be taken. Wrapping campaign signs around trees and securing them with duct tape is not permitted under the City's Temporary Sign Ordinance. C/O'Connor asked if the Sign Ordinance could be amended to include penalties for candidates who display blatant disregard for the Ordinance. The candidate in question indicated to her that he did not place the signs in such a manner and that it must have been done by opposing candidates. She asked that anyone who witnessed signs being placed on trees with duct tape report their observances to her. She stated that today she attended the Senior Citizen's Fathers' Day Celebration. C/O'Connor asked that this JUNE 16, 1998 PAGE 15 CITY COUNCIL meeting be adjourned in memory of her father who recently passed away. C/Huff stated that he and M/Herrera also attended the Senior Citizen's Fathers Day Celebration. He looked forward to the City providing a larger facility for the Seniors He thanked those who voted for him in the recent election and reaffirmed his commitment to continue working on the City's behalf. He asked staff to re-examine the City's Sign Ordinance, look at what other cities do with respect to campaign signs, and determine whether the City can tighten its Ordinance. M/Herrera commented on the importance of adopting the City's Budget for FY 98/99. She stated that it is unclear what effect future legislation may have on the City's General Fund and that Council needs to be very aggressive about establishing criteria to insure the financial stability of the City. It is unfortunate that, while the City is attempting to make positive improvements, it is still plagued by lawsuits which take public monies away from the citizens. She expressed condolences to C/O'Connor on the loss of her father. 12. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 10:52 p.m. in memory of C/O'Connor's father, Dolph Hill. TOMMYE NICE, Deputy City Clark ATTEST: iw�� Mayor