HomeMy WebLinkAbout4/3/2001 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
APRIL 3, 2001
1. CLOSED SESSION: 5:10 p.m., AQMD Room CC -8
G.C. 54957 - PUBLIC EMPLOYEE APPOINTMENT - Position to be filled:
City Manager
STUDY SESSION: 6:00 p.m., Room CC -8 - Presentation by
Council Member Ansari representing Southern California Association of
Governments (SCAG).
2. CALL TO ORDER: Mayor Huff called the Regular City Council
Meeting to order at 6:45 p.m. in the South Coast Air Quality Management
District Auditorium, 21865 E. Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor
Pro Tem Herrera.
INVOCATION: The invocation was offered by Reverend
Mike Schuenemeyer, D.B. Congregational Church.
ROLL CALL: Mayor Huff, Mayor Pro Tem Herrera, and
Council Members Ansari, Chang and O'Connor.
Also present were: James DeStefano, Interim City Manager;
Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; David Liu,
Director of Public Works; Bob Rose, Community Services Director; Linda
Magnuson, Finance Director; Mike Nelson, Communications and Marketing
Director and Lynda Burgess, City Clerk.
APPROVAL OF AGENDA: Mayor Huff requested that the South Pointe
Middle School Percussion Ensemble performance be moved to 3.A.1.
3. A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.A.1 Performance by South Pointe Middle School Percussion Ensemble
directed by Mr. Acciani.
3.A.2 Introduced new Sheriff Team Lieutenant, Mike Walker.
3.A.3 Proclaimed April 2001 as "Sexual Assault Awareness Month."
3.A.4 Proclaimed April 2001 as "Earthquake Preparedness Month."
3.A.5 Proclaimed April 1-7, 2001 as "National Library Week."
3.A.6 Introduced new staff member, Jorge Garcia, Superintendent of
Streets.
APRIL 3, 2001 PAGE 2
3.A.7 Announced Certificate of Award for Outstanding Financial Reporting
1999- 2000 by CSMFO to the City's Finance Division.
313. INTERIM CITY MANAGER REPORTS AND
RECOMMENDATIONS: None Offered.
4. 4.A. PUBLIC COMMENTS: Larry Rhodes apologized to Council
Member Ansad for his behavior at the last City Council meeting over the loss
of his dog. He asked Council to find out about the law that requires people
to take their birth certificates to the Social Security office for verification in
order to receive a driver's license.
Martha Bruske continued her discussion regarding the General Plan Vision
Statement. She recommended that Council consider making a committee
assignment of one person to represent the residents. She asked why
Council had a discussion of CalPoly's roads when the facility is located in
Pomona. She asked Council to resolve the skate park issues and before -
and after-school problems at Lorbeer Middle School. She also requested
removal of the spontaneous monument at the freeway support. Ms. Bruske
asked the Council to seek a balance between the representation of their
political ambitions and the interests of the City's residents.
Jeff Koontz, Executive Director, D.B. Chamber of Commerce, listed
upcoming Chamber Calendar of Events. He thanked Council Members
Chang and O'Connor for attending the Chamber of Commerce Installation
Dinner on Friday evening. He stated that the opening of the Market World
grocery store and the Farmers Market have been delayed.
Robert Arceo asked for assistance from Council in obtaining his Purple Heart
for a wound he received while serving his country during World War II.
Sue Sisk spoke about a recent AYSO tournament held in D.B. She pointed
out that AB 896 was introduced to eliminate all developmental centers
through the State of California and requested that a legislative review of the
bill be conducted.
4.13. RESPONSE TO PUBLIC COMMENT: ICM/DeStefano stated that
staff would look into the Social Security issue related to the renewal of
driver's licenses and would work with Congressman Miller's office regarding
issuance of a Purple Heart to Mr. Arceo. Regarding enforcement issues
related to the skatepark and Lorbeer Middle School traffic patterns at peak
hours, he indicated that staff continues to work on solutions to these —
problems. Further, staff would look into AB 896 and provide a report to
Council and its legislative subcommittee at the April 17 meeting.
M/Huff explained that Council represents the residents and staff implements
Council's policies. Council received a report on CaiPoly's roads because
APRIL 3, 2001 PAGE 3
residents and students from D.B. use bus lines to get to and from the school
and the transfer center in Pomona.
5. SCHEDULE OF FUTURE EVENTS:
5.1 COMMUNITY MEETING - Golden Springs Parkway Improvement
Project - April 5, 2001 - 6:30 p.m., CC -2, 21865 E. Copley Dr.
5.2 PLANNING COMMISSION - April 10, 2001 - 7:00 p.m., SCAOMD
Auditorium, 21865 E. Copley Dr.
5.3 CITY ON LINE COMMITTEE - April 11, 2001 - 6:00 p.m., City Hall
Conference Room, 21825 E. Copley Dr.
5.4 TRAFFIC AND TRANSPORTATION COMMISSION - April 12, 2001
- 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr.
5.5 DIAMOND BAR LIONS CLUB/CITY SPONSORED EASTER EGG
HUNT - Saturday, April 14, 2001 - 10:00 a.m., Summitridge Park,
1425 Summitridge Dr.
5.6 CITY HALL OPEN HOUSE - April 17, 2001 - 5:00 p.m. to 6:15 p.m.,
21825 E. Copley Dr.
5.7 CITY COUNCIL MEETING - April 17, 2001 - 6:30 p.m., SCAOMD
Auditorium, 21865 E. Copley Dr.
5.8 CITY OF DIAMOND BAR 12TH BIRTHDAY CELEBRATION - April 29,
2001 - 12:00 noon to 6:00 p.m. - Peterson Park, 24142 E. Sylvan
Glen.
6. CONSENT CALENDAR: C/Ansari moved, MPT/Herrera seconded,
to approve the Consent Calendar as presented. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/
Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED MINUTES - Regular Meeting of March 20, 2001 - As
submitted.
6.2 RECEIVED & FILED PARKS AND RECREATION COMMISSION
MINUTES - Regular Meeting of February 13, 2001.
6.3 APPROVED VOUCHER REGISTER -dated April 3, 2001 in the
APRIL 3, 2001 PAGE 4
amount of $1,405,093.43. C/O'Connor abstained from approval of a
Warrant in the amount of $5.10 to the Department of Developmental
Services due to a potential conflict of interest related to the Lanterman
Forensic Expansion Project.
6.4 REVIEWED AND APPROVED TREASURER'S STATEMENT - for
February 2001.
6.5 ADOPTED RESOLUTION NO. 2001-17: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
SPECIFICATIONS FOR THE 2000-2001 COMMUNITY
DEVELOPMENT BLOCK GRANT SIDEWALK INSTALLATION
PRQJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE
CITY CLERK TO ADVERTISE TO RECEIVE BIDS - in the amount of
$95,000.
6.6 APPROVED AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH REMEDY TEMPORARY SERVICES - increased
the agreement in an amount not -to -exceed $13,000.
7. PUBLIC HEARING:
7.1 (a) SECOND READING OF ORDINANCE NO. 0X(2001)
AMENDING DIVISIONS 1 AND 2 OF CHAPTER 12.00 OF TITLE 12
OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO PARK
RULES AND REGULATIONS (COMMERCIAL TENNIS
INSTRUCTION) - The first reading of this ordinance was unanimously
approved by Council at its March 6, 2001 meeting. The ordinance
was developed when, at its meeting on December 19, 2000, Council
directed staff to: 1) develop an ordinance to strengthen the prohibition
of unauthorized tennis instructors who use the tennis courts in the
public parks for their private financial gain; and 2) develop a method
to regulate private tennis instructors who desire to teach lessons at
the City's courts. Staff worked with the Sheriff's Department and the
Parks and Recreation Commission to develop an ordinance that
contains the following elements: (1) Prohibits professional tennis
instruction at the City's tennis courts without a permit; (2) Increases
the penalty for violating the ordinance from an infraction to a
misdemeanor; and (3) Establishes a Commercial Tennis Instruction
Policy.
(b) PUBLIC HEARING - RESOLUTION NO: 2001 -XX: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ADOPTING THE COMMERCIAL TENNIS INSTRUCTION
POLICY - If Ordinance No. 01 (2001) in item A regarding Commercial
Tennis instruction is adopted, then this resolution establishing the
APRIL 3, 2001 PAGE 5
details of the policy for Commercial Tennis Instruction, must be considered
during a Public Hearing. The policy proposed by staff and the Parks &
Recreation Commission includes the following elements: (a) establishment
of an hourly fee for court use of $15; $25 per hour with lights; (b) requiring
deposit of $100 per court reserved; (c) use of only one court per park per day
for Commercial Tennis Instruction; (d) limiting the use of courts such that
commercial Tennis Instruction will not be allowed 6:00 p.m. to 10:00 p.m.
Monday through Friday nor all day on Saturday or Sunday; (e) requiring
$1,000,000 liability insurance coverage from the instructor to protect the City;
(f) allowing the City to cancel approved reservations with 24 hours notice in
order to accommodate City needs; (g) limiting reservations to three months
advance booking; (h) requiring ten day advance notice for public posting of
reserved use. This policy was designed to allow private tennis instructors the
use of public tennis courts for instruction while also preserving the court time
necessary for the public to drop in and play tennis.
M/Huff opened the Public Hearing.
Paul Moravek, 2849 Wagon Train Ln., said that as a D.B. taxpayer, he failed
to see how he loses his right to use a court for purposes he deems fit; that
is, to invite instruction for his daughters as described in Section B, 7.1 of the
proposed language.
CSD/Rose responded that time limitations for commercial instruction is
intended to leave prime time for the tennis playing public.
Tommy Lu, 2898 Vista Ct., expressed opposition to the ordinance. He and
his friends receive tennis instruction at Maple Hill Park. Public courts are for
the residents and the use thereof should not be restricted.
Charles Lin, 20839 E. Cilffside Ln., opposed the proposed ordinance.
Residents should be encouraged, not discouraged, to use the tennis courts.
The City should be encouraged to build more courts and offer them for public
use to the extent possible.
Tom Liu, Vice President, D.B. Chinese Association, explained how this
ordinance discriminates against residents and prevents them from enjoying
tennis. In addition, residents who wish to take private lessons will face
criminal charges. He asked the City to reconsider the ordinance.
James Lin, 1477 Cliffbranch, supported previous speakers in opposition to
this contradictory ordinance.
David Tabata, 22524 Ridgeline Rd., stated that if this ordinance passes, it
would make it cost prohibitive for most residents to receive private lessons.
He asked the Council to please listen to the tennis playing families who are
represented at tonight's meeting. He requested that Council not pass this
APRIL 3, 2001 PAGE 6
ordinance.
Robert Chou, 20845 High Country Dr. spoke against the proposed
ordinance. He asked to be placed on the City's mailing list on all
future matters concerning tennis courts and park use. Since the
elimination of the six -ball rule, the public was not informed about
meetings regarding this proposed ordinance. Passage of this
ordinance will place a burden on the City to enforce the rules. He
proposed the following for commercial teaching: 1) all tennis court
play should be on a first-come/first-served basis and teaching permits
should be issued only to D.B. residents with a $300 or more permit fee
to cover the usage and insurance requirement. No other rules and no
reservations.
Peter Cheng, 1619 Cypress Grove, said that tennis play could be
dangerous unless individuals receive proper instruction. Please do
not pass an ordinance that will cost residents more money and legal
concerns.
Simon Shum, 2483 Pointer Dr., stated that the City should be
concerned about penalizing everyone to punish one group, which he
believed was non -democratic.
Jeff Hull, Parks & Recreation Commission, stated that during public
comments, speakers asked for the removal of the six -ball rule. He
favored the proposed policy of making certain that instructors obtain
permits to teach on public tennis courts. D.B. has only eight tennis
courts. If illegal instruction is permitted to continue, problems will
continue. He felt it was unfair to the citizens for the City to provide
public courts to individuals who use them for financial gain without
remuneration. AYSO provides the City with $1,000,000 liability
coverage. He did not believe it would be harmful to individuals who
want to make an income to provide comparable liability coverage. He
asked Council to pass the ordinance.
Joseph Chang, 2846 Eaglecrest PI., expressed confusion about what
is legal and what is illegal. If the City has insurance, why does it need
double coverage?
Sue Sisk's children play soccer, baseball and softball, and she has
provided instruction for her children in these sports, which occur on
city property. Walnut opens its high school gymnasium to individuals
on weekends. D.B.H.S. has tennis courts.
Jeff Koontz agreed with Mrs. Sisk and believed that the matter needs
clarification. All residents pay for public facilities and there is a need
for restricting commercial use of tennis courts, which are public
APRIL 3, 2001 PAGE 7
facilities.
Felix Chen, 1537 Diamond Ct., felt that the ordinance was unnecessary and
should be considered from the kids and parents' point of view instead of
being concerned about a few people making money from giving tennis
lessons. However, if the Council is inclined to do something, it should require
all tennis instructors to obtain a regular business license and ask students to
sign a waiver so that the instructor can avoid providing liability insurance.
The only restriction should be that only D.B. residents could receive
instruction on city -owned courts.
Lary Rhodes suggested that this issue be tabled and come back with an
ordinance that says that anyone who is a qualified instructor pay a $50 fee
to the City each six months and allow them one court a night. People who
want to learn to play tennis should be allowed to do so.
There being no further testimony offered, M/Huff closed the Public Hearing.
M/Huff referred to a petition from a tennis team opposing the rules set forth
in the proposed ordinance. He expressed concern that residents were not
notified who had strongly voiced their concerns during consideration of the
six -ball rule.
M/Huff moved, C/Ansari seconded, to table the matter and send it back to the
Parks & Recreation Commission for further review and evaluation.
C/Ansari recommended the appointment of a citizen committee to work with
the Parks & Recreation Commission.
C/O'Connor expressed concern about the lack of notification to residents who
had been involved in the six -ball rule discussion.
Following discussion, the motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/
Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
M/Huff asked staff to take note of tonight's speakers and notify them about
future meetings addressing the matter. In addition, any other resident who
did not speak but wishes to be notified should provide their name and
address to the City Clerk.
8. OLD BUSINESS:
8.1 AREA "D" JOINT POWERS AGREEMENT FOR INTER -AGENCY
APRIL 3, 2001 PAGE 8
COOPERATION FOR DISASTER PREPAREDNESS - As a result of
the Oakland East Bay Hills Fire in 1995, the State adopted the
Standardized Emergency Management System (SEMS) requiring all
local governments within a county geographic area to be organized
into a single Operational Area. The L.A. County Board of Supervisors
established the L.A. County Operational Area on July 5, 1995 to
accomplish the objectives of SEMS by promoting greater efficiencies
in disaster management, planning, training and preparedness. The
proposed amended Joint Powers Agreement (JPA) is a revision of an
existing agreement between L.A. County and Area D cities, which
originated in 1958. Since 1958, several modifications in disaster
management have been identified and adopted by the L.A. County
Offices of Emergency Management. The proposed JPA incorporated
these changes.
C/Ansari moved, MPT/Herrera seconded, to adopt the revised JPA to
include the use of SEMS (Standardized Emergency Management
System), which became law in 1995 and recognizes the L.A. County
Operational Area as the lead agency for disaster management; and
directed staff to send a letter to Area D strongly suggesting rotation of
the members of the Executive Board. Motion carried by the following --
Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/
Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
9. NEW BUSINESS:
9.1 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS -
PROPOSED DUES ASSESSMENT - The City is a member of the
Southern California Association of Governments (SCAG). SCAG is
the Metropolitan Planning Organization (MPO) for six counties: L. A.,
Orange, San Bernardino, Riverside, Ventura, and Imperial. The
region encompasses an area of approximately 38,000 sq. mi. with a
population of 15 million. As the MPO, SCAG is responsible for
preparation and implementation of regional plans for air quality,
growth management, hazardous waste management,. and
transportation planning. SCAG also serves as the regional agency for
intergovernmental review of programs for financial assistance and
certain development activities, review of specified environmental
impact reports, preparation of regional housing needs and waste
treatment plans. The City has contributed member dues in the
amount of $2,727 since 1991. SCAG is now seeking a dues increase
in the amount of $1,480 (Total proposed dues are $4,207) effective
July 1, 2001. In addition, SCAG proposes an annual consumer price
APRIL 3, 2001 PAGE 9
index adjustment increase effective July 1, 2002.
Following discussion, MPT/Herrera moved, C/Chang seconded, to accept
staffs recommendation and approve the increase and direct staff to send a
letter of support for the increase and express the Council's serious concern
about the automatic yearly cost of living (CPI) increase. Motion carried by
the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/
Herrera
NOES: COUNCIL MEMBERS - M/Huff
ABSENT: COUNCIL MEMBERS - None
9.2 RECOMMENDATIONS REGARDING PROPOSED LEGISLATION:
SB 116 (Kuehl) — Department of Parks and Recreation: roads: construction
and improvements. This measure may have a dramatic imuact on the desire
to build a road through the City's Sohere of Influence — SB 116 would require
that roads that "substantially increase vehicular traffic capacity" could not be
built through state parks unless either of the following conditions are met: (1)
The Department of Parks determines that the road has been planned to
minimize harm to the property and further determines that the road is
necessary to operate the park or is necessary to prevent or suppress fire, or
is necessary for the construction of maintenance of utilities; (2) The Secretary
of Business, Transportation and Housing and the Secretary of the Resources
Agency jointly determine that the road would not likely jeopardize the current
uses of the park, that the road includes all feasible planning to minimize harm
to the property and that the construction impacts will be mitigated.
AB 227 (Longville) — Transportation Funding. The League of California Cities
recommends sugDort. AB 227 would statutorily and permanently shift the
sales tax on gas from the State General Fund to the Transportation
Investment Fund created by AB 2928 (Chapter 91, Statutes of 2000) for
transportation purposes. This amount would be divided as follows: 1) 40%
to the STIP; 2) 400/6 to Local Streets and Roads and 3) 20% to transit (PTA).
The League and the California State Association of Counties (CSAC) have
been advocating for additional monies for city street and county road
maintenance and rehabilitation for several years. The backlog is $11 billion
and growing by $400 million annually. This does not include.an additional
backlog of $14 billion for capital and safety improvements needed on the
local system.
SB 910 (Dunn) — General Plans. Housing Elements The League of
California Cities recommends owosition. This bill requires a court that finds
a local government's housing element not in substantial compliance with the
state law governing housing elements, to award the plaintiff reasonable
attomeys' fees and costs and to levy a penalty not to exceed $1,000 per unit
APRIL 3, 2001
PAGE 10
of the total projected housing needs for the jurisdiction. The
legislation further provides that in any action filed on or after January
1, 2002, challenging the viability of a housing element, there shall be
a rebuttable presumption of non validity of the housing element or
amendment if the Department of Housing and Community
Development has found that the element or amendment does not
substantially comply with state law. SB 910 also includes language
stating the Legislature's intent to withhold state funding from any city,
county, or city and county that does not have a housing element in
substantial compliance with state law, and to redistribute the withheld
funds to those jurisdictions that are in compliance.
Jeff Koontz — requested clarification.
Moved by C/Ansari, seconded by C/Chang to approve the
recommendations of the Legislative Committee. Motion carried 5-0
by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/
Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
RECESS TO REDEVELOPMENT AGENCY: M/Huff recessed the meeting to the
Redevelopment Agency at 9:35 p.m.
RECONVENE CITY COUNCIL MEETING: M/Huff reconvened the City Council
meeting at 9:45 p.m.
8. COUNCIL SUB -COMMITTEE REPORTS/COMMENTS: C/O'Connor
reported that Council continues its search for a new City Manager. On March
21, the D.B. Community Foundation reorganized and chose Daniel Oaxaca
as Chair and Andrew Wong as Vice Chair. On March 23, she attended the
Sheriff Booster Club Recognition Dinner during which volunteers were
recognized. She attended the Miss Diamond Bar Pageant on March 24. On
March 28, she was interviewed by a Loyola Marymount graduate student.
She was one of 100 Council Members randomly selected from a group of
more than 1000 So. Calif. City Council Members. She attended the
Sanitation District meeting. She attended the Chamber Installation on.March
30. Today, the City met with the architect and library officials to discuss the
proposed library structure. Further meetings are scheduled. She would like
Council to take a position on recreational vehicle parking on City streets. It
is rumored that the Walnut Valley Trailer facility will be sold and 50% of the
vehicles stored at the site belong to D.B. residents. She would not like to see
those vehicles parked on D.B. streets. It deeply pains her to have a resident
speak at Council Meeting after Council Meeting about Council Members not
serving the D.B. residents. She and her fellow Council Members were
APRIL 3, 2001 PAGE 11
elected to represent the D.B. residents and do so on a daily basis.
MPT/Herrera referred to a letter from the Mayor of Monterey Park asking for
Council to send a letter to the MTA asking them to adequately fund the 710
freeway completion in the draft long-range plan, which must be received by
the MTA no later than April 11. Captain Alex Yim attended a meeting in late
February and is scheduled to attend a meeting the end of April/first of May
regarding the Lanterman project's security plan. The next meeting of the
Lanterman Monitoring Committee is April 23. AB 896 and its potential effect
on the tri -city agreement will be monitored. Regarding an earlier speaker's
concern about spontaneous monuments, she stated that she had no problem
with that form of expression of loss and that she had never heard anyone
else express concern about this type of memorial.
C/Ansari attended the California Contract Cities meeting on March 20 at the
Edison facility. On Friday, she attended the Sheriff Booster Recognition
Dinner at Royal Vista Golf Course and asked that Council recognize
Diamond Bar resident Lloyd Stoa as "Volunteer of the Year" by presenting
him with a Certificate of Recognition. She thanked recreation staff members
who helped with the track meet at Walnut High School. She attended the
San Gabriel Valley NAACP breakfast at Royal Vista and the Council
Academy training at the Fairplex. She attended the Miss Diamond Bar
Pageant and congratulated those who participated. On Sunday, the Kiwanis
Club and Mike Kuykendall sponsored a free baseball clinic at the Tittle league
field. On Tuesday, she attended a meeting of the bio -diversity planning
committee. She spoke about her desire to obtain 3 acres of space in
Sandstone Canyon for Larkstone Park and the possibility of obtaining grants
and loans in a joint effort with the school district to complete the project. She
reiterated her desire to have the Council help Mr. Arceo obtain recognition
for his service to the country during World War II. She asked that the matter
of the discretionary amount of monies that can be spent by the City Manager
with recommendations for guidelines pertaining to the amount be agendized
for discussion by Council.
C/Chang commended the volunteers who serve the community. He
congratulated the current Miss Diamond Bar and her court as well as the
former Miss Diamond Bar and her court. He was also selected to be
interviewed by a graduate student at Loyola Marymount. He attended the
Pomona Valley Boys and Girls Club meeting. He commended community
members who donated their time and money to support the organization. He
congratulated the new Chamber President and looked forward to mutual
cooperation toward retaining and bringing businesses into the community.
He attended the "Feel the Music" program in Pomona sponsored by the City,
Cal Poly and Western University. These types of events show what can be
done when the community joins together creatively.
M/Huff stated he attended several events including the Miss Diamond Bar
APRIL 3, 2001 PAGE 12
Pageant, the architect meetings and meetings in search of a new City
Manager. On March 22, he and ICM/DeStefano met with a representative
from Senator Barbara Boxer's field office as a follow up visit to Washington,
D.C. to discuss the City's zip code problem. He attended a Foothill Transit
Board Meeting on March 23 during which an agreement was reached to
maintain one bus line on the CalPoly campus. Foothill Transit has received
communication from student groups who feel that the compromise is
inadequate and would like to keep the current level of service. During the
Alameda Corridor East meeting he chaired on March 26, It was business as
usual. In the near future, the organization will break ground for the Jump
Start program, which will kick off safety features at all intersections on the
lines that come through the San Gabriel Valley. He was privileged to join a
group of 10 individuals traveling to Taiwan to attend an International Peace
Conference attended by more than 400 people from 50 nations. While in
Taiwan, he visited D.B.'s sister city. He assured everyone that his trip was
not at taxpayers' expense.
C/Chang met and spoke with Congressman Mike Honda from San Jose, the
Vice Chair of the Congressional Traffic and Transportation Commission, and
discussed regional traffic matters. He suggested that the Four Comers Study
be forwarded to the Congressman for his consideration. He also —
recommended that the study be sent to the Secretary of Transportation,
Norman Mineta.
9. ADJOURNMENT: There being no further business to conduct, M/Huff
adjourned the meeting at 10:23 p.m.
LYNDA BURGESS, City Clerk
ATTEST:
RO ERT S. FF, Mayor
MINUTES OF THE CITY COUNCIL REGULAR
MEETING OF THE CITY OF DIAMOND BAR
1 CLOSED SESSION: 5:10 p.m., AQMD Room CC -8
G.C. 54957 - PUBLIC EMPLOYEE APPOINTMENT - Position to be
STUDY SESSION: 6:00 p.m., Room CC -8 - Presentation by Council
Member Ansari representing Southern California Association of
2. CALL TO ORDER: Mayor Huff called the Regular City Council Meeting
to order at 6:45 p.m. in the South Coast Air Quality Management
PLEDGE OF ALLEGIANCE: The Pledge of AJlegiance was led by
INVOCATION: The invocation was offered by Reverend Mike
ROLL CALL: Mayor Huff, Mayor Pro Tern Herrera, and Council
Also present were: James DeStefano, Interim City Manager; Mike
Jenkins, City Attorney; David Doyle, Deputy City Manager; David
Liu, Director of Public Works; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director; Mike Nelson,
APPROVAL OF AGENDA: Mayor Huff requested that the South
3. A. SPECIAL PRESENTATIONS, CERTIFICATES,
3.A.1 Performance by South Pointe Middle School Percussion
3.A.2 Introduced new Sheriff Team Lieutenant, Mike
3.A.3 Proclaimed April 2001 as "Sexual Assault Awareness Month."
3.A.4 Proclaimed April 2001 as "Earthquake Preparedness Month."
3.A.5 Proclaimed April 1-7, 2001 as "National Library Week."
3.A.6 Introduced new staff member, Jorge Garcia, Superintendent of
Streets.
APRIL 3, 2001 PAGE 2
3.A.7
Announced
Certificate
of Award for
Outstanding
Financial
313.
INTERIM
CITY
MANAGER
REPORTS
AND
4. 4.A. PUBLIC COMMENTS: Larry Rhodes apologized to Council
Member Ansad for his behavior at the last City Counch meeting over
the loss of his dog. He asked Council to find out about the law that
requires people to take their birth certificates to the Social Security
Martha Bruske continued her discussion regarding the General Plan Vision
Statement. She recommended that Council consider making a committee
assignment of one person to represent the residents. She asked why Council had a
discussion of CalPoly's roads when the facility is located in Pomona. She asked
Council to resolve the skate park issues and beforeand after-school problems at
Lorbeer Middle School. She also requested removal of the spontaneous monument
at the freeway support. Ms. Bruske asked the Council to seek a balance between
the representation of their political ambitions and the interests of the City's
Jeff Koontz, Executive Director, D.B. Chamber of Commerce, listed
upcoming Chamber Calendar of Events. He thanked Council
Members Chang and O'Connor for attending the Chamber of
Commerce Installation Dinner on Friday evening. He stated that the
Robert Arceo asked for assistance from Council in obtaining his
Sue Sisk spoke about a recent AYSO tournament held in D.B. She
pointed out that AB 896 was introduced to eliminate all
developmental centers through the State of California and requested
4.13. RESPONSE TO PUBLIC COMMENT: ICM/DeStefano stated that
staff would look into the Social Security issue related to the renewal
of drivers licenses and would work with Congressman Miller's office
regarding issuance of a Purple Heart to Mr. Arceo. Regarding
enforcement issues related to the skatepark and Lorbeer Middle
School traffic patterns at peak hours, he indicated that staff
continues to work on solutions to these problems. Further, staff
M/Huff explained that Council represents the residents and staff
APRIL 3,2001 PAGE 3
residents and students from D.B. use bus lines to get to and from
5. SCHEDULE OF FUTURE EVENTS:
5.1 COMMUNITY MEETING - Golden Springs Parkway
5.2 PLANNING COMMISSION - April 10, 2001 - 7:00 p.m.,
5.3 CITY ON LINE COMMITTEE - April 11, 2001 - 6:00 p.m., City
5.4 TRAFFIC AND TRANSPORTATION COMMISSION - April
5.5 DIAMOND BAR LIONS CLUB/CITY SPONSORED EASTER
EGG HUNT - Saturday, April 14, 2001 - 10:00 a.m.,
5.6 CITY HALL OPEN HOUSE - April 17, 2001 - 5:00 p.m. to 6:15
5.7 CITY COUNCIL MEETING - April 17, 2001 - 6:30 p.m.,
5.8 CITY OF DIAMOND BAR 12TH BIRTHDAY CELEBRATION -
April 29, 2001 - 12:00 noon to 6:00 p.m. - Peterson Park,
6. CONSENT CALENDAR: C/Ansari moved, MPT/Herrera seconded, to
approve the Consent Calendar as presented. Motion carried by the
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/
Herrera, M/Huff
NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL
6.1 APPROVED MINUTES - Regular Meeting of March 20, 2001 -
6.2 RECEIVED & FILED PARKS AND RECREATION
6.3 APPROVED VOUCHER REGISTER - dated April 3,2001 in
APRIL 3, 2001 PAGE 4
amount of $1,405,093.43. C/O'Connor abstained from
approval of a Warrant in the amount of $5.10 to the
Department of Developmental Services due to a potential
6.4 REVIEWED AND APPROVED TREASURER'S STATEMENT-
6.5
TATEMENT-
6.5 ADOPTED RESOLUTION NO. 2001-17: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING SPECIFICATIONS FOR THE 2000-2001
COMMUNITY DEVELOPMENT BLOCK GRANT SIDEWALK
INSTALLATION PROJECT IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO
6.6 APPROVED AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH REMEDY TEMPORARY SERVICES-
7.
ERVICES-
7. PUBLIC HEARING:
7.1 (a) SECOND READING OF ORDINANCE NO. 0X(2001)
AMENDING DIVISIONS 1 AND 2 OF CHAPTER 12.00 OF
TITLE 12 OF THE DIAMOND BAR MUNICIPAL CODE
RELATING TO PARK RULES AND REGULATIONS
(COMMERCIAL TENNIS INSTRUCTION) - The first reading of
this ordinance was unanimously approved by Council at its
March 6, 2001 meeting. The ordinance was developed when,
at its meeting on December 19, 2000, Council directed staff to:
1) develop an ordinance to strengthen the prohibition of
unauthorized tennis instructors who use the tennis courts in
the public parks for their private financial gain; and 2) develop
a method to regulate private tennis instructors who desire to
teach lessons at the City's courts. Staff worked with the
Sheriff's Department and the Parks and Recreation
Commission to develop an ordinance that contains the
following elements: (1) Prohibits professional tennis instruction
(b) PUBLIC HEARING - RESOLUTION NO: 2001 -XX: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR ADOPTING THE COMMERCIAL TENNIS
INSTRUCTION POLICY - If Ordinance No. 01 (2001) in item A
APRIL 3, 2001 PAGE 5
details of the policy for Commercial Tennis Instruction, must be
considered during a Public Hearing. The policy proposed by staff
and the Parks & Recreation Commission includes the following
elements: (a) establishment of an hourly tee for court use of $15;
$25 per hour with lights; (b) requiring deposit of $100 per court
reserved; (c) use of only one court per park per day for Commercial
Tennis Instruction; (d) limiting the use of courts,such that commercial
Tennis Instruction will not be allowed 6:00 p.m. to 10:00 p.m.
Monday through Friday nor all day on Saturday or Sunday; (e)
requiring $1,000,000 liability insurance coverage from the instructor
to protect the City; (f) allowing the City to cancel approved
reservations with 24 hours notice in order to accommodate City
needs; (g) limiting reservations to three months advance booking;
(h) requiring ten day advance notice for public posting of reserved
use. This policy was designed to allow private tennis instructors the
use of public tennis courts for instruction while also preserving the
court time necessary for the public to drop in and play tennis.
M/Huff opened the Public Hearing.
Paul Moravek, 2849 Wagon Train Ln., said that as a D.B. taxpayer,
he failed to see how he loses his right to use a court for purposes he
deems fit; that is, to invite instruction for his daughters as described
Tommy Lu, 2898 Vista Ct., expressed opposition to the ordinance.
He and his friends receive tennis instruction at Maple Hill Park.
Charles Lin, 20839 E. Cilffside Ln., opposed the proposed
ordinance. Residents should be encouraged, not discouraged, to
use the tennis courts. The City should be encouraged to build more
Tom Liu, Vice President, D.B. Chinese Association, explained how
this ordinance discriminates against residents and prevents them
from enjoying tennis. In addition, residents who wish to take private
James Lin, 1477 Cliffbranch, supported previous speakers in
David Tabata, 22524 Ridgeline Rd., stated that if this ordinance passes, it
would make it cost prohibitive for most residents to receive private lessons.
He asked the Council to please listen to the tennis playing families who are
represented at tonight's meeting. He requested that Council not pass this
APRIL 3,2001 PAGE 6
ordinanc
Robert Chou, 20845 High Country Dr. spoke against the
proposed ordinance. He asked to be placed on the City's
mailing list on all future matters concerning tennis courts and
park use. Since the elimination of the six -ball rule, the public
was not informed about meetings regarding this proposed
ordinance. Passage of this ordinance will place a burden on
the City to enforce the rules. He proposed the following for
commercial teaching: 1) all tennis court play should be on a
first-corne/first-served basis and teaching permits should be
Peter Chong, 1619 Cypress Grove, said that tennis play could
be dangerous unless individuals receive proper instruction.
Please do not pass an ordinance that will cost residents more
Simon Shum, 2483 Pointer Dr., stated that the City should be
concerned about penalizing everyone to punish one group,
Jeff Hull, Parks & Recreation Commission, stated that during
public comments, speakers asked for the removal of the six -
ball rule. He favored the proposed policy of making certain
that instructors obtain permits to teach on public tennis courts.
D.B. has only eight tennis courts. If illegal instruction is
permitted to continue, problems will continue. He felt it was
unfair to the citizens for the City to provide public courts to
individuals who use them for financial gain without
remuneration. AYSO provides the City with $1,000,000 liability
coverage. He did not believe it would be harmful to individuals
Joseph Chang, 2846 Eaglecrest PI., expressed confusion
about what is legal and what is illegal. If the City has
Sue Sisk's children play soccer, baseball and softball, and she
has provided instruction for her children in these sports, which
occur on city property. Walnut opens its high school
Jeff Koontz agreed with Mrs. Sisk and believed that the matter
needs clarification. All residents pay for public facilities and
APRIL 3,2001 PAGE 7
facilitie
Felix Chen, 1537 Diamond Ct., felt that the ordinance was
unnecessary and should be considered from the kids and parents'
point of view instead of being concerned about a few people making
money from giving tennis lessons. However, if the Council is inclined
to do something, it should require all tennis instructors to obtain a
regular business license and ask students to sign a waiver so that
the instructor can avoid providing liability insurance. The only
Larry Rhodes suggested that this issue be tabled and come back
with an ordinance that says that anyone who is a qualified instructor
pay a $50 fee to the City each six months and allow them one court
There being no further testimony offered, M/Huff closed the Public
M/Huff referred to a petition from a tennis team opposing the rules
set forth in the proposed ordinance. He expressed concern that
residents were not notified who had strongly voiced their concerns
M/Huff moved, C/Ansari seconded, to table the matter and send it
C/Ansari recommended the appointment of a citizen committee to
C/O'Connor expressed concern about the lack of notification to
Following discussion, the motion carried by the following Roll
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/
Herrera, M/Huff
NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL
M/Huff asked staff to take note of tonight's speakers and notify them
about future meetings addressing the matter. In addition, any other
resident who did not speak but wishes to be notified should provide
8. OLD BUSINESS:
8.1 AREA"D"JOINT POWERS AGREEMENT FOR INTER -AGENCY
APRIL 3, 2001 PAGE 8
COOPERATION FOR DISASTER PREPAREDNESS - Asa
result of the Oakland East Bay Hills Fire in 1995, the State
adopted the Standardized Emergency Management System
(SEMS) requiring all local governments within a county
geographic area to be organized into a single Operational
Area. The L.A. County Board of Supervisors establisW the
L.A. County Operational Area on July 5, 1995 to accomplish
the objectives of SEMS by promoting greater efficiencies in
disaster management, planning, training and preparedness.
The proposed amended Joint Powers Agreement (JPA) is a
revision of an existing agreement between L.A. County and
Area D cities, which originated in 1958. Since 1958, several
C/Ansari moved, MPT/Herrera seconded, to adopt the revised JPA to include
the use of SEMS (Standardized Emergency Management System), which
became law in 1995 and recognizes the L.A. County Operational Area as the
lead agency for disaster management; and directed staff to send a letter to
Area D strongly suggesting rotation of the members of the Executive Board.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor,
MPTI Herrera, M/Huff
NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL
9. NEW BUSINESS:
9.1 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
PROPOSED DUES ASSESSMENT - The City is a member of
the Southern California Association of Governments (SCAG).
SCAG is the Metropolitan Planning Organization (MPO) for six
counties: L. A., Orange, San Bernardino, Riverside, Ventura,
and Imperial. The region encompasses an area of
approximately 38,000 sq. mi. with a population of 15 million.
As the MPO, SCAG is responsible for preparation and
implementation of regional plans for air quality, growth
management, hazardous waste management, and
transportation planning. SCAG also serves as the regional
agency for intergovernmental review of programs for financial
assistance and certain development activities, review of
specified environmental impact reports, preparation of regional
housing needs and waste treatment plans, The City has
APRIL 3, 2001 PAGE 9
index adjustment increase effective July 1,
Following discussion, MPT/Herrera moved, C/Chang seconded, to
accept staffs recommendation and approve the increase and direct
staff to send a letter of support for the increase and express the
Council's serious concern about the automatic yearly cost of living
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/
Herrera NOES: COUNCIL
MEMBERS - M/Huff ABSENT: COUNCIL MEMBERS - None
SB 116 (Kuehl) - Department of Parks and Recreation: roads:
construction and improvements. This measure may have a dramatic
imDact on the desire to build a road through the CIVs Sohere of
Influence - SB 116 would require that roads that "substantially
increase vehictilar traffic capactty" could not be built through state
parks unless either of the following conditions are met: (1) The
Department of Parks determines that the road has been planned to
minimize harm to the property and further determines that the road
is necessary to operate the park or is necessary to prevent or
suppress fire, or is necessary for the construction of maintenance of
utilities; (2) The Secretary of Business, Transportation and Housing
and the Secretary of the Resources Agency jointly determine that
AB 227 (Longville) - Transportation Funding. The League of
California Cities recommends sutmort, AB 227 would statutorily and
permanently shift the sales tax on gas from the State General Fund
to the Transportation Investment Fund created by AB 2928 (Chapter
91, Statutes of 2000) for transportation purposes. This amount
would be divided as follows: 1) 40% to the STIP; 2) 40% to Local
Streets and Roads and 3) 200/6 to transit (PTA) The League and
the California State Association of Counties (CSAC) have been
advocating for additional monies for city street and county road
maintenance and rehabilitation for several years. The backlog is $11
SB 910 (Dunn) - General Plans. Housing Elements The League of
California Cities recommends wDosiltion. This bill requires a court
that finds a local governmerifs housing element not in substantial
compliance with the state law governing housing elements, to award
APRIL PAGE
of the total projected housing needs for the jurisdiction. The
legislation further provides that in any action filed on or after
January 1, 2002, challenging the viability of a housing
element, there shall be a rebuttable presumption of non
validity of the housing element or amendment if the
Department of Housing and Community Development has
found that the element or amendment does not substantially
comply with state law. SS 910 also includes language stating
the Legislature's intent to withhold state funding from any city,
county, or city and county that does not have a housing
Jeff Koontz - requested
Moved by C/Ansari, seconded by C/Chang to approve the
recommendations of the Legislative Committee. Motion carried
5-0 by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor,
MPT/ Herrera, M/Huff
RECESS TO REDEVELOPMENT AGENCY: M/Huff recessed the meeting
RECONVENE CITY COUNCIL MEETING: M/Huff reconvened the City
8. COUNCIL SUB -COMMITTEE REPORTS/COMMENTS: C/O'Connor
reported that Council continues its search for a new City Manager.
On March 21, the D.B. Community Foundation reorganized and
chose Daniel Oaxaca as Chair and Andrew Wong as Vice Chair. On
March 23, she attended the Sheriff Booster Club Recognition Dinner
during which volunteers were recognized. She attended the Miss
Diamond Bar Pageant on March 24. On March 28, she was
interviewed by a Loyola Marymount graduate student. She was one
of 100 Council Members randomly selected from a group of more
than 1000 So. Calif. City Council Members. She attended the
Sanitation District meeting. She attended the Chamber Installation
on.March 30. Today, the City met with the architect and library
officials to discuss the proposed library structure. Further meetings
are scheduled. She would like Council to take a position on
recreational vehicle parking on City streets. It is rumored that the
Walnut Valley Trailer facility will be sold and 50% of the vehicles
APRIL 3, 2001 PAGE 11
elected to represent the D.B. residents and do so on a daily
MPT/Herrera referred to a letter from the Mayor of Monterey Park
asking for Council to send a letter to the MTA asking them to
adequately fund the 710 freeway completion in the draft long-range
plan, which must be received by the MTA no later than April 11.
Captain Alex Yirn attended a meeting in late February and is
scheduled to attend a meeting the end of April/first of May regarding
the Lanterman project's security plan. The next meeting of the
Lanterman Monitoring Committee is April 23. AB 896 and its
potential effect on the tri -city agreement will be monitored.
Regarding an earlier speakers concern about spontaneous
C/Ansari attended the California Contract Cities meeting on March
20 at the Edison facility. On Friday, she attended the Sheriff Booster
Recognition Dinner at Royal Vista Goff Course and asked that
Council recognize Diamond Bar resident Lloyd Stoa as "Volunteer of
the Year" by presenting him with a Certificate of Recognition. She
thanked recreation staff members who helped with the track meet at
Walnut High School. She attended the San Gabriel Valley NAACP
breakfast at Royal Vista and the Council Academy training at the
Fairplex. She attended the Miss Diamond Bar Pageant and
congratulated those who participated. On Sunday, the Kiwanis Club
and Mike Kuykendall sponsored a tree baseball clinic at the little
league field. On Tuesday, she attended a meeting of the bio-
diversity planning committee. She spoke about her desire to obtain 3
acres of space in Sandstone Canyon for Larkstone Park and the
possibility of obtaining grants and loans in a joint effort with the
school district to complete the project. She reiterated her desire to
have the Council help Mr. Arceo obtain recognition for his service to
C/Chang commended the volunteers who serve the community. He
congratulated the current Miss Diamond Bar and her court as well
as the former Miss Diamond Bar and her court. He was also
selected to be interviewed by a graduate student at Loyola
Marymount. He attended the Pomona Valley Boys and Girls Club
meeting. He commended community members who donated their
time and money to support the organization. He congratulated the
new Chamber President and looked forward to mutual cooperation
toward retaining and bringing businesses into the community. He
attended the "Feel the Musid" program in Pomona sponsored by the
M/Huff stated he attended several events including the Miss
APRIL 3, 2001 PAGE 12
Pageant, the architect meetings and meetings in search of a new
City Manager. On March 22, he and ICM/DeStefano met with a
representative from Senator Barbara Boxers field office as a follow
up visit to Washington, D.C. to discuss the Citys zip code problem.
He attended a Foothill Transit Board Meeting on March 23 during
which an agreement was reached to maintain one bus line on the
CalPoly campus. Foothill Transit has received communication from
student groups who feel that the compromise is inadequate and
would like to keep the current level of service. During the Alameda
Corridor East meeting he chaired on March 26, It was business as
usual. In the near future, the organization will break ground for the
Jump Start program, which will kick off safety features at all
intersections on the lines that come through the San Gabriel Valley.
He was privileged to join a group of 10 individuals traveling to
C/Chang met and spoke with Congressman Mike Honda from San
Jose, the Vice Chair of the Congressional Traffic and Transportation
Commission, and discussed regional traffic matters. He suggested
that the Four Comers Study be forwarded to the Congressman for
his consideration. He also recommended that the study be sent to
9. ADJOURNMENT: There being no further business to conduct, M/Huff
LYNDA BURGESS, City Clerk
ATTES
RO BERT S. —FF, M