HomeMy WebLinkAbout6/18/2002 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
JUNE 18, 2002
STUDY SESSION: Mayor Chang called the Study Session
to order at 5:10 p.m. in the SCAQMD/Government Center, Room CC -8.
Present: Council Members Herrera, Huff, Zirbes,
Mayor Pro Tem O'Connor and Mayor Chang.
Also present were: Linda Lowry, City Manager; Mike
Jenkins, City Attorney; James DeStefano, Deputy City Manager; David
Doyle; Deputy City Manager; David Liu, Public Works Director; Bob Rose,
Community Services Director; Linda Magnuson, Finance Director; Lynda
Burgess, City Clerk; Teresa Arevalo, Sr. Administrative Assistant; Todd
Strojny, Sr. Administrative Assistant; Kirk Phillips, Assistant Engineer and
April Blakey, Public Information Manager.
1. Discussion of the 2002-03 Fiscal Year Budget
CM/Lowry reported that the total decision package presented for
consideration is $19,000,450. Two additional items have presented
themselves in the past 36 hours. She asked Council to consider
the following items in addition to the decision package items: 1) an
additional $10,000 in the promotional line item for purchase of
inventory items for the D.B. store to be used to promote the City at
various events; and 2) A $12,000 reinstatement of salary for the
Planning Intern position.
C/Zirbes suggested the items to be sold to promote the City be
shown on-line. He also asked if staff would maintain a separate
accounting of these monies, to which CM/Lowry responded "yes."
A balance sheet item would track the inventory.
CM/Lowry explained that these two budget items would result in a
net increase of $22,000 for a total decision package of
$19,026,050, not including the other decision package items.
C/Herrera asked for elaboration on the Youth Master Plan budget
item.
CSD/Rose explained that the focus of the Youth Master Plan is to
study the different youth needs within the community. The Plan
covers youth from birth to adulthood and includes the study of new
parent needs. The intent is to identify the resources that are
currently available and how current needs are met and identify how
needs would be met through the allocation of resources, whether
they are from the County, non-profit agencies or are City provided.
The ultimate goal is to articulate the needs and resources within a
single document for better short-term and long-range planning.
JUNE 18, 2002 PAGE 2 CC STUDY SESSION
C/Herrera said that some years ago, Council discussed initiating a
Youth Master Plan. She felt that this should be a shared venture
with the school
districts, churches and other community organizations. She
opposed the City spending $80,000 for a planning document. She
would rather spend money creating a program.
CSD/Rose responded to MPT/Herrera that indeed, the Youth
Master Plan is spelled out in the Parks Master Plan.
MPT/Herrera felt it was important to keep the youth and especially,
the teenagers busy with productive activities. C/Zirbes agreed.
C/Huff believed that it would be difficult to get the schools and
churches to participate financially since they already have
programs for high-risk youth. He believed it would be beneficial to
have an assessment and it likely would not happen unless the
Council stepped forward on this issue.
C/Herrera stated that she would not like the Council to spend half of
the budget difference on this line item. She wanted the Council to
consider whether there is a need or a want to have a Youth Master
Plan at this time.
C/Huff agreed that it is likely that cities will be financially clobbered
during the next couple of years. As a result, there is a need to salt
away funds at this time. He believed there was an on-going need
to work with youth.
MPT/O'Connor suggested that the Community Foundation might
consider helping finance the Youth Master Plan. Discussion
ensued.
C/Zirbes shared C/Herrera's concerns about remaining frugal this
year. He felt that that City could take an inventory of current
expenditures to determine whether there might be other
opportunities for funding youth programs because it would be a
good way to spend the City's money.
In response to M/Chang, CSD/Rose explained that he compared
the Youth Master Plan to the Parks Master Plan in that the Parks
Master Plan took shape at a staff level with volunteers compiling an
inventory of the current amenities and formulating
recommendations that might be pursued in the budget process over
time. The Parks and Recreation Commission put together a wish
list for Council's consideration and the Parks Master Plan
JUNE 18, 2002 PAGE 3 CC STUDY SESSION
developed over time from that basis. These efforts produced a
dynamic document that led to spectacular community programs.
He suggested the City take small steps, seeking cooperation from
community organizations in a similar type of on-going movement in
order to reach a long-term goal.
M/Chang asked Council to decide whether it wanted to pursue a
Youth Master Plan and how much money should be set aside for
the effort.
CSD/Rose responded to MPT/O'Connor that the Parks Master Plan
cost the City approximately $100,000 and the Trails Master Plan
cost approximately $50,000.
C/Zirbes moved, C/Herrera seconded to set the Youth Master Plan
budget item at $50,000. Without objection, the motion was so
ordered.
M/Huff was concerned about not producing a thorough plan and
recommended phasing the project so that Council could revisit the
matter beyond the basic $50,000 budget.
MPT/Herrera said she was against designating the $50,000 amount
until Council was provided adequate information to determine a fair
amount.
C/Zirbes questioned whether the traffic signal light synchronization
would be satisfactorily completed. DPW/Liu felt that the budget
item would allow staff the opportunity to complete the project -on a
citywide basis.
C/Zirbes asked if a speed hump policy would be included in staff's
traffic management project study.
DPW/Liu responded that the City is very limited when it comes to
mitigation tools. A speed hump policy could easily be incorporated
into the traffic management program. However, In order to properly
implement a traffic mitigation solution, all parties must be apprised
of all sides of an issue as it may affect them in the short and long
term including the projected measure of effectiveness.
Council agreed to reduce the Neighborhood Traffic Management
Study amount from $100,000 to $50,000.
' DCM/Doyle explained the e -government budget line item and
stated that the initial software package cost is significantly higher
than anticipated. Staff is looking at other alternatives.
JUNE 18, 2002 PAGE 4 CC STUDY SESSION
As a result of foregoing determinations regarding the budget,
CM/Lowry confirmed a budget reduction of $80,000 from the total.
C/Herrera asked if the 2.5% COLA increase also applied to the City
Manager's salary. She explained her recommendation for approval
of 2.5% to the City Manager's position. Council concurred.
C/Herrera moved, C/Zirbes seconded, to approve a 2.5% COLA
increase for CM/Lowry, a $3,000 budget increase item. Motion
carried unanimously.
CM/Lowry announced that the new budget consideration total
would be $19,451,650.
C/Zirbes asked Council to consider implementing a $50,000 CDBG
pilot program for grants to low and moderate income households
that are in need of repair or maintenance assistance funds.
MPT/O'Connor recommended adding $5,000 for promotional items.
C/Huff concurred.
C/Herrera moved to incorporate a $22,000 for promotional items
and salary increase for a Planning Intern.
2) California Literacy and Library Construction Bond Act Study
Session — DCM/Doyle presented staff's report. He pointed out that
the real issue is how to pay the ongoing operations of the library.
The County has indicated an annual operating expense of
$2,000,000 and the private company estimated the annual cost,
based upon the current design, to be $1.2 million. However, there
would likely be another $200,000 to $250,000 additional ongoing
maintenance costs associated with the LSI proposal. He stated
that staff recommends that Council provide money to conduct a
scientific evaluation survey to gauge the support of the registered
voters for the Library.
DCM/Doyle responded to C/Zirbes that if the Council would like to
aim for the second funding cycle, the City needs to go through an
RFP process and secure the services of a library services
consultant. When the original feasibility analysis was done, the
consultant presented the City with a proposal to complete the work
at an estimated cost of about $100,000. Staff would like to
complete the survey immediately so that the matter can be brought -
before Council early July for approval. In the meantime, staff will
be working to hire someone to write a bond act or to hire a
specialist in a phased contract approach so that information
1
1
JUNE 18, 2002
PAGE 5
CC STUDY SESSION
gathering can proceed. The survey would cost approximately
$30,000. The $150,000 budget line item includes the survey.
C/Zirbes moved, C/Herrera seconded, to proceed with the survey to
determine what might be feasible and to understand the true level
of support from the homeowners and property owners of D.B.
before proceeding to commit a million dollars a year in general fund
monies to run the library. Without objection, the motion was so
ordered.
MPT/O'Connor asked that Council be allowed to preview the
questions before the survey proceeds, to which DCM/Doyle
responded affirmatively.
ADJOURNMENT: There being no further business to conduct, M/Chang
adjourned the study session at 6:28 p.m.
ATTEST:
Mayor Wen Chang
i
LYNDA BURGESS, City Clerk
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JUNE 18, 2002
' STUDY SESSION: Mayor Chang called the Study Session to
order at 5:10 p.m. in the SCAQMD/Government Center, Room CC -8.
Present: Council Members Herrera, Huff, Zirbes,
Mayor Pro Tem O'Connor and Mayor Chang.
Also present were: Linda Lowry, City Manager; Mike Jenkins,
City Attorney; James DeStefano, Deputy City Manager; David Doyle; Deputy
City Manager; David Liu, Public Works Director; Bob Rose, Community
Services Director; Linda Magnuson, Finance Director; Lynda Burgess, City
Clerk; Teresa Arevalo, Sr. Administrative Assistant; Todd Strojny, Sr.
Administrative Assistant; Kirk Phillips, Assistant Engineer and April Blakey,
Public Information Manager.
* Budget (See Agenda Item 8.1)
* California Literacy and Library Construction Bond Act Study Session
ADJOURNED STUDY SESSION: 6:28 p.m.
CLOSED SESSION: None
CALL TO ORDER: Mayor Chang called the meeting to order
at 6:40 p.m. in the Auditorium of the South Coast Air Quality Management
District/Government Center, 21865 E. Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: Jack Tanaka led the Pledge of Allegiance.
INVOCATION: The Invocation was given by Ahmad H.
Sakr, Ph.D, Islamic Education Center
ROLL CALL: Council Members Herrera, Huff, Zirbes,
Mayor Pro Tem O'Connor, Mayor Chang.
Also present were: Linda Lowry, City Manager; Mike Jenkins;
City Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy
City Manager; David Liu, Public Works Director; Bob Rose, Community
Services Director; Linda Magnuson; Finance Director and Lynda Burgess,
City Clerk
APPROVAL OF AGENDA: CM/Lowry requested that a change be
made in the title of Agenda Item 8.2 by removing "in the amount of $24,000"
and change the title to read "Approve Renewal of Diamond Bar Chamber of
Commerce Annual Agreement." M/Chang recommended that Item 8.2 be
' discussed prior to discussion of the budget under Item 8.1.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
JUNE 18, 2002 PAGE 2 CITY COUNCIL
1.1 Presented Certificate to Robert "Bob" Sassaman upon his retirement
after 40 years of service to the State of California Department of
Transportation.
1.2 Presented Certificate to Deputy Greg Stegner for Life -Saving Work in
the Fight Against Drunk Driving.
1.3 Presented Certificate to Chaparral Middle School, represented by Jan
Keating, Principal, for being named a National Blue Ribbon School.
1.4 Presentation by Greg Rochford, Band Director, Chaparral Middle
School, regarding the school's concert performed at Carnegie Hall.
1.5 BUSINESS OF THE MONTH: Presented City Tile to Carrie Krauser,
General Manager, Chuck E Cheese's.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: DCMCeSbe"
explained the rules for fundraising car washes and storm water regulations.
In accordance with the City's codes and the storm water pollution prevention
controls, fundraising car wash events may continue in D.B. Such activities
are specifically exempt from storm water pollution prevention requirements.
In addition, there is no requirement for such an event to obtain a City permit
as long as the event is not conducted more than two times per month. Those
residents wishing additional information may contact the Planning Division at
909-396-5676.
3. PUBLIC COMMENTS: Dr. Larry Rhodes thanked Lt. Maxey for his
assistance in resolving a parking problem. He expressed concern about the
amount of ice cream vendors being seen around the neighborhoods. He
asked Council to consider implementing the Green River law to prevent trash
on the streets. He wanted help to resolve an insurance claim against
Adelphia. He also asked Council to look into finding ways to prevent
motorists from driving with dogs in their laps and endangering the animals'
lives.
Eileen Ansari spoke about the Inland Valley Humane Society's favorable
response to concerns expressed by Council Members and residents in past
years. She felt the small increase for unaltered dogs was reasonable. She
thought that Council should conduct an audit of Sheriff services to make sure
that the City is paying its rightful share. She also urged Council to renew the
Chamber of Commerce contract. She complimented staff on the new
monument signs and landscaping at city entrances. She asked Council to pull
Consent Calendar Item 6.17 for discussion. -
Mary Matson commended the City on the improvements made to Brea
Canyon Rd. She felt that similar improvements in other areas of D.B. would
be a great idea.
JUNE 18, 2002 PAGE 3 CITY COUNCIL
' Dick Farrell suggested that the City get tougher with homeowners who ignore
the City's Code Enforcement and C/Zirbes' efforts to rid the City of debris.
He addressed the issue of Item 6.16 regarding the Lanterman Forensic
Expansion Project and asked that the word "current" be added to the 7`h
Whereas as follows: "...thereafter, has created the current Lanterman
Monitoring Committee..."
Martha Bruske also asked for discussion on Consent Calendar Item 6.17
paying special attention to who and what is Nuevo Energy and what and
where is the Tonner Hills project in Brea. Is this a Tonner Canyon
development under a new name?
Chuck Martin suggested that Council revisit the amount of the fines assessed
against individuals who do not comply with the street sweeping ordinance
because $50 could be too exorbitant for some residents. He also thought
each neighborhood should have more signs posted. He wondered if Council
considered long-term consequences of this assessment i.e.: in order for
service organizations to conduct their business within the community they
may be subject to and impacted by the street sweeping parking prohibitions.
Sue Sisk said she has also noticed a proliferation of ice cream vendors and
was concerned about their appearance on a frequent basis in the City. She
' wasn't sure they were allowed in the City. She asked Council to consider
working with the PUSD to improve the fields at Lorbeer Middle School. She
was pleased about the proposed Lanterman resolution and that Council has
introduced a document that echoes the thoughts and concerns of the
community and the advisory committee. She also wanted clearer language
in the resolution to indicate the committee's continued participation.
Chery Cooper reiterated a written request that consideration of the speed
hump issue be moved to the beginning of Council Consideration.
Marie Buckland asked who in the City would continue to monitor the
Lanterman issue. She wanted assurance that the advisory committee would
remain intact.
Clyde Hennessee complained about the condition of The Weekly delivered
to his home. He said that Council Members are entitled to vote their
conscience without apology and without reprimand.
Wanda Tanaka complimented the editors of The Weekly for doing a great job
in covering school district and community issues.
' Mike Armijo, editor, The Weekly, responded to Mr. Hennessee that The
Weekly prints 29,000 copies per week and that staff works hard to inform
residents about what is happening in the community. If Mr. Hennessee
would rather not receive the publication, he can stop delivery. He announced
that The Weekly's 5th anniversary celebration would be held July 18. The
JUNE 18, 2002 PAGE 4 CITY COUNCIL
search for a WUSD superintendent will conclude shortly and an
announcement of a new appointment will be announced on July 1.
RESPONSE TO PUBLIC COMMENT: M/Chang stated that
concerns regarding the Lanterman resolution and Consent Calendar Item
6.17 would be addressed. He said that Mr. Martin's recommendations
regarding street sweeping signage would be taken under advisement by the
Council. He suggested that because several people have complained about
the signs, staff should revisit this issue or reconsider the entire matter in
March 2003. Staff and Council have spoken with PUSD. Until a replacement
is found for a school Board Member who recently left the City, this matter
would be held in abeyance.
CM/Lowry reported that staff would review the code as it relates to street
vendor activities. A meeting has been scheduled with PUSD for July 15 to
discuss the Lorbeer Middle School field condition and possible mitigation
measures.
MPT/O'Connor said she discussed the Lorbeer Middle School field matter
with the PUSD superintendent and two board members. She was recently
selected to serve as a member of the Measure J Citizen's Oversight
Committee and looked forward to pursuing the matter.
C/Zirbes explained that, in fact, the Council had requested the Inland Valley
Humane Society to justify the cost increase before passing it on to the
residents of D.B. Secondly, the Council asked the Society to consider
spreading the fee increase proportionately over all services offered.
5. SCHEDULE OF FUTURE EVENTS:
5.1 COMMUNITY FOUNDATION MEETING — June 20, 2002 — 7:00 p.m.,
Room CC -8, SCAQMD/Government Center, 21825 E. Copley Dr.
5.2 PLANNING COMMISSION MEETING — June 25, 2002 — 7:00 p.m.,
SCAQMD/Government Center, 21825 E. Copley Dr.
5.3 PARKS AND RECREATION COMMISSION MEETING — June 27,
2002 — 7:00 p.m., SCAQMD/Government Center, 21825 E. Copley Dr.
5.4 PUBLIC SAFETY COMMITTEE MEETING — July 1, 2002 — 7:00 p.m.,
DB/Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut
5.5 CITY COUNCIL MEETING — July 2, 2002 — 6:30 p.m., -
SCAQMD/Government Center, 21825 E. Copley Dr.
5.6 JULY 4T" HOLIDAY - City Offices will be closed Thursday, July 4,
2002 in observance of the Holiday. City Offices will re -open Friday,
July 5, 2002.
L
1
1
JUNE 18, 2002
PAGE 5
CITY COUNCIL
5.7 FOURTH OF JULY BLAST AND FIREWORKS SHOW — Thursday,
July 4, 2002 - 6:30 p.m. to 9:30 p.m., Sycamore Canyon Park, 22930
Golden Springs Dr.
5.8 FIRST CONCERT IN THE PARK - July 10, 2002 - 6:30 p.m. to 8:00
p.m., Sycamore Canyon Park, 22930 Golden Springs Dr.
6. CONSENT CALENDAR: C/Zirbes moved, C/Huff seconded, to approve the
Consent Calendar, with the exception of Items No. 6.13, 6.16 and 6.17.
Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED CITY COUNCIL MINUTES - Study Session of June 4,
2002 — As submitted.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES —
Regular Meeting of May 14, 2002.
6.3 APPROVED VOUCHER REGISTER - dated June 18, 2002 in the
amount of $669,882.22.
6.4 REJECTED CLAIM FOR DAMAGES - Filed by Mark & Toni Arreola
on April 12, 2002.
6.5 BOND RELEASES:
6.5.1 EXONERATED GRADING BOND FOR 1315 S. VALLEY
VISTA DRIVE IN THE AMOUNT OF $22,000 FOR LOT 5 OF
TRACT 39579 (V-TEK SYSTEMS)
6.5.2 EXONERATED GRADING BOND FOR 23300 E. GOLDEN
SPRINGS DRIVE IN THE AMOUNT OF $3,708 (MT.
CALVARY LUTHERAN CHURCH AND SCHOOL)
6.6 RECEIVED AND FILED REVISED FINANCIAL' IMPACT REPORT
FOR LANDSCAPE IMPROVEMENT PROJECT ALONG GOLDEN
SPRINGS DRIVE AND ON SUNSET CROSSING ROAD, STATING
A FINAL TOTAL COST OF $269,925.55 INSTEAD OF $276,184.45.
6.6 APPROVED AMENDMENT TO CONTRACT WITH
GONZALEZ/GOODALE ARCHITECTS FOR ADDITIONAL DESIGN
SERVICES ASSOCIATED WITH THE COMMUNITY/SENIOR
JUNE 18, 2002 PAGE 6 CITY COUNCIL
CENTER IN THE AMOUNT OF $24,500.
6.7 AWARDED CONTRACT TO PAVEMENT COATINGS CO. FOR
AREA 4 SLURRY SEAL PROJECT IN THE AMOUNT OF
$323,797.55 AND AUTHORIZED A CONTINGENCY OF $30,000
FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE
CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF
$353,797.55.
6.8 AWARDED CONTRACT TO MANHOLE ADJUSTING
CONTRACTORS, INC. FOR AREA 4 ASPHALT RUBBER AND
AGGREGATE MEMBRANE (ARAM) OVERLAY PROJECT IN THE
AMOUNT of $249,504.99 AND AUTHORIZED A CONTINGENCY
AMOUNT OF $25,000 FOR PROJECT CHANGE ORDERS TO BE
APPROVED BY THE CITY MANAGER, FOR A TOTAL
AUTHORIZATION AMOUNT OF $274,504.99.
6.9 AWARDED A FIVE-YEAR CONTRACT WITH SAFEWAY SIGN CO.
FOR MANUFACTURE AND INSTALLATION OF AREA 4
RESIDENTIAL STREET NAME SIGNS IN THE AMOUNT OF
$40,000.
6.10 ADOPTED RESOLUTION NO. 2002-44 APPROVING FINAL PARCEL
MAP NO. 26235 FOR THE SUBDIVISION OF A 5.5 -ACRE SITE
INTO THREE (3) SINGLE FAMILY PARCELS ON THE
SOUTHWESTERLY SIDE OF OAK KNOLL DRIVE.
6.11 ADOPTED RESOLUTION NO. 2002-45 AUTHORIZING LITIGATION
CHALLENGING THE TRASH TOTAL MAXIMUM DAILY LOAD
(TMDL) FOR THE LOS ANGELES RIVER.
6.12 EXTENDED CONTRACT SERVICES AGREEMENT WITH
SOUTHLAND SPORTS OFFICIALS FOR THE 2002/03 FY IN AN
AMOUNT NOT TO EXCEED $30,000, WHICH INCLUDES A $3.00
PER GAME INCREASE FOR ADULT SOFTBALL OFFICIALS.
6.15 a) INCREASED CONTRACT WITH TENNIS ANYONE FOR
RECREATIONAL TENNIS INSTRUCTION FOR THE 2001/02
FISCAL YEAR FROM $40,000 TO $45,000.
b) APPROVED CONTRACT WITH TENNIS ANYONE FOR
RECREATIONAL TENNIS CLASSES FOR THE 2002/03
FISCAL YEAR IN THE AMOUNT OF $45,000.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.13 APPROVAL OF MEMORANDUM OF UNDERSTANDING (MOU)
WITH THE STATE REQUIRING THE USE OF OLD BREA CANYON
JUNE 18, 2002 PAGE 7 CITY COUNCIL
' ROAD FOR CALTRANS' PROPOSED STATE ROUTE 57/60 WEAVE
IMPROVEMENT PROJECT AND HIGH OCCUPANCY VEHICLE
LANE CONNECTOR PROJECT.
PWD/Liu explained the proposed project.
C/Chang moved, C/Herrera seconded, to approve the Memorandum
of Understanding. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.16 ADOPT RESOLUTION NO. 2002-46 REAFFIRMING THE CITY'S
COMMITMENT TO REMAIN VIGILANT REGARDING THE
LANTERMAN FORENSIC EXPANSION PROJECT.
As detailed by CM/Lowry, DCM/DeStefano suggested the addition of
clarifying language to the 7th Whereas, 4th sentence, to read: "the City
Council has created the current Lanterman Monitoring Committee
comprised of two Council Members..." and referring to the committee
in the 3`d recital to read: "NOW THEREFORE, the City Council of the
City of Diamond Bar will continue to work with the Lanterman
Monitoring Committee and the State Community Advisory Committee
to monitor the activities..."
C/Huff moved, C/Herrera seconded, to adopt Resolution 2002-46 as
amended.
MPT/O'Connor explained that, based upon the fact that the
Lanterman Forensic project has been eliminated and that there has
been no significant impacts to. the real estate sales market and
residential pricing in her neighborhood, she has decided, from this
time forward, to participate in Lanterman issues.
C/Herrera asked the maker of the motion if it is the intent of his motion
that Council should maintain the current Lanterman Advisory
Committee membership in tact. C/Huff replied "yes."
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes,
' MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS - None
JUNE 18, 2002 PAGE 8 CITY COUNCIL
6.17 APPROVAL OF COMMENT LETTER TO ORANGE COUNTY
REGARDING THE DRAFT ENVIRONMENTAL IMPACT REPORT
FOR THE NUEVO ENERGY/TONNER HILLS PROJECT IN BREA.
DCM/DeStefano responded to earlier public comments by explaining
who Nuevo Energy is and where the property is located.
C/Huff recommended that Council eliminate all reference to Aera
Energy (Shell Oil) in the final version and stay with language more
commonly referenced in the D.B. General Plan as far as a regional
bypass road that is ecologically sensitive.
C/Herrera moved, C/Huff seconded, to approve the comment letter as
modified by C/Huff and authorized the Mayor to execute the letter on
behalf of the City. Motion carried by the following Roll Call. Vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7. PUBLIC HEARINGS
7.1 PUBLIC HEARINGS - LANDSCAPE ASSESSMENT DISTRICTS 38,
39 AND 41.
7.1.1 ADOPT RESOLUTION NO. 2002-47 LEVYING AN
ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT
NO. 38.
7.1.2 ADOPT RESOLUTION NO. 2002-48 LEVYING AN
ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT
NO. 39.
7.1.3 ADOPT RESOLUTION NO. 2002-49 LEVYING AN
ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT
NO. 41.
M/Chang opened the Public Hearings.
There being no testimony offered, M/Chang closed the Public
Hearings.
C/Herrera moved, MPT/O'Connor seconded, to adopt Resolution
No's. 2002-47, 2002-48 and 2002-49 levying assessments on
Landscaping Assessment Districts 38, 39 and 41. Motion carried by
the following Roll Call vote:
JUNE 18, 2002 PAGE 9 CITY COUNCIL
I
AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8. COUNCIL CONSIDERATION:
8.2 APPROVE RENEWAL OF DIAMOND BAR CHAMBER OF
COMMERCE ANNUAL AGREEMENT.
Martha Bruske complimented the City and Chamber on publication
efforts in the production of The View and suggested that the City
continue to contract with the Chamber for this service. The View
provides an opportunity for the City to communicate with the
residents, a primary goal of this Council.
Mary Hall, President, D.B. Chamber of Commerce, conveyed the
Chamber's opportunity to partner with the City to co -publish the City's
news. She asked the City to continue partnering with the Chamber in
the publication of The View.
Marie Buckland said the City had a successful operation with this
publication and wanted to know why Council would consider removing
it.
Clyde Hennessee supported continuing joint efforts with the Chamber.
Jeff Koontz explained the benefits to the City of continuing the
contract with the Chamber of Commerce.
C/Herrera moved to approve the contract for $18,000 for
administrative support with an increase in the contract amount by
$6,000 when the Chamber increases its membership by three
members per month, include $12,000 for advertising, include
membership dues, include $2,500 for the City Map, and continue with
the publication of the newspaper jointly for six months to allow staff
time to conduct their research and go out to bid.
M/Chang pointed out that there would be a significant increase in cost
if staff took over this project. Unless the Council is unhappy with the
Chamber's participation, it does not seem feasible to put it out to bid.
C/Zirbes believed that the City was not getting full value for the dollar
' spent with its current vendor. The majority of the materials published
in The View are prepared by staff. If there is a way to produce the
material more cost —effectively as well as provide better distribution,
Council should consider its options. If the Chamber is the winning
bidder, so be it. He did not favor a six-month commitment.
JUNE 18, 2002 PAGE 10 CITY COUNCIL
MPT/O'Connor seconded the motion for purposes of discussion only.
MPT/O'Connor explained her commitment to the Chamber. Council
asks staff to go out for bids to make certain that the City receives the
best service for its dollar. Council has a fiduciary responsibility to its
constituency.
Jeff Koontz responded that the Chamber currently sends The View to
19,495 homes at a cost of $.22 per mailing. In addition, approximately
500 additional mailings are sent once a month to individuals who have
requested the recreation guide. The total monthly cost is about
$3,700 for mailing.
CSD/Rose indicated that the City spent $2,800 per Recreational
Guide issue for mailing.
MPT/O'Connor believed the $24,000 is money well spent. Although
she did not personally participate in every shopping center visit, Mr.
Koontz did and a great deal of positive PR was realized for the
Chamber as well as the City and she would not support withholding
$6,000 based on membership goals.
C/Huff believed The View is a great publication. He did not take
exception to putting this matter to the bid process. He applauded
improvements in the Chamber and was not opposed to including the
performance portion of the contract. In the spirit of compromise, he
proposed a six-month reconsideration.
Following discussion, MPT/O'Connor withdrew her second.
C/Herrera amended her motion to provide for a 6 -month review period
for The View with a 60 -day cancellation clause. C/Huff seconded the
amended motion.
Motion failed by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Huff, Zirbes
NOES: COUNCIL MEMBERS - Herrera, MPT/O'Connor,
M/Chang
ABSENT: COUNCIL MEMBERS - None
Moved by M/Chang, seconded by C/Herrera to continue the contract
with the Chamber in the amount of $102,000, (Administrative Services
for $24,000, membership dues $1,500, production of City Map for
$2,500, continuation of the monthly newsletter at $74,000).
C/Zirbes took exception to M/Chang's characterization that the
publication was costing the City only $1,400 per month. In reality it is
JUNE 18, 2002 PAGE 11 CITY COUNCIL
$6,100 per month. Four pages of advertising could be purchased for
$4,000, a savings of $2,100 per month. He still believed the Council
needed to go to bid with the City's contractors and make certain the
City was providing its residents with the best value for their dollar.
M/Chang restated his motion. Upon recommendation by C/Zirbes,
M/Chang amended his motion to eliminate the membership dues
portion in the amount of $1,500 from consideration. Motion failed by
the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, M/Chang
NOES: COUNCIL MEMBERS - Huff, Zirbes, MPT/O'Connor
ABSENT: COUNCIL MEMBERS - None
MPT/O'Connor moved to accept $24,000 plus $1,500 membership
dues plus $2,500 for the City Map but to go to bid for the City
newsletter and provide the Chamber a 60 -day notice before
implementing new publication printing.
C/Zirbes seconded a modified motion to require the bids to be opened
within four months.
MPT/O'Connor agreed to add C/Zirbes' modifications to her motion
and re -stated her motion: Approve $24,000 for Administrative fees
plus $1,500 for membership dues plus $2,500 for the City Map; if bids
come back and the Chamber,is not chosen, commit to $1,000/page
for advertising and provide the Chamber with a 60 -day cancellation
notice, and go to bid for the newsletter, that the bids be brought back
to Council within four months and
direct the City Manager to execute the agreement. C/Zirbes
seconded the amended motion. Motion carried by the following Roll
Call vote:
AYES: COUNCIL MEMBERS- Herrera, Huff, Zirbes,
MPT/O'Connor
NOES: COUNCIL MEMBERS -M/Chang
ABSENT: COUNCIL MEMBERS - None
8.3 ADOPT CITYWIDE SPEED HUMP POLICY — DPW/Liu provided
staff's report.
Chery Cooper, 23826 Decorah Rd., President of the Diamond Point
' Homeowners' Association, commended staff on development of the
policy and supported Council approval. She explained the layout of
her street and adjacent streets affected by this policy. The speed
humps have greatly assisted in slowing the speed of vehicles and
traffic flow on her street.
JUNE 18, 2002 PAGE 12 CITY COUNCIL
Martha Bruske favored speed humps and applauded the City for
taking this action. She asked whether any statistics were available on
the amount of noise generated by the speed humps.
PWD/Liu responded that there is a potential for increased noise
relating to vehicles braking prior to encountering speed humps.
According to the residents, this factor is negated by the positive value
of having the humps.
Assistant Fire Chief Nieto pointed out that there is a significant noise
impact to the residents who live immediately adjacent to the humps.
Chuck Martin said that in the beginning the noise is limited to the
constant rhythm of vehicles passing over the speed humps. The more
time passes, the noise increases as the front ends of the vehicles in
the neighborhood become loosened and begin to rattle. He
suggested placing a Sheriff in the neighborhoods where speeding
takes place because it significantly reduced speeders in his
neighborhood.
Clyde Hennessee suggested placing more stop signs on these streets
rather than using speed humps.
Dr. Larry Rhodes asked if a person could petition for installation of a
speed hump on a street other than the one on which he lives. He
lives on Fibre and is concerned about Lincoln.
Marie Buckland did not want speed humps because she didn't want
people hitting the humps at a high rate of speed and ending up in her
house. Who bears the liability when this happens?
Assistant Fire Chief Nieto said that speed humps are one of the traffic
calming tools that the fire department likes the least. They create
noise and significantly impede the progress of emergency vehicles.
He received staff's report this evening and would have appreciated
the opportunity to participate in the study.
Chery Cooper pointed out that a video had been displayed at a Traffic
& Transportation Commission meeting demonstrating that fire trucks
navigate the speed humps without slowing down at all.
C/Zirbes explained that he had always been opposed to speed
humps; however, he was more concerned about the safety of D.B.'s
children. He reviewed staff's report and believed the numbers bear
up under scrutiny. Additionally, he believed that speed humps work
for Navajo Springs Rd. He was reluctant to adopt a policy prior to
initiating an overall traffic management and solution study for the City.
If neighborhoods are experiencing problems to such a degree, this
JUNE 18, 2002 PAGE 13 CITY COUNCIL
option should be made available. He believed better enforcement by
law enforcement was the answer to the speeding vehicle problem.
C/Zirbes moved to accept the speed hump policy, remove section 4.1
Item 5 on page 4 of the policy (as recommended by the City Attorney),
submit the policy to the City's Neighborhood Traffic Engineer (soon to
be hired), postpone implementation until the Traffic Engineer reviews
the policy, keep current speed humps in place, review the process in
one year, and bring the matter back to Council with a full report from
the engineer at the end of one year. Motion died for lack of a second.
C/Huff moved to adopt the _policy, amend section '4.1.5, authorize
permanent speed humps installed in the pilot program area, establish
a moratorium on further policy implementation until more data is
available on the permanent speed humps and review the matter in
one year. Motion seconded by C/Zirbes.
DPW/Liu responded to MPT/O'Connor that the City intends to replace
the rubber speed humps with permanent asphalt speed humps.
M/Chang said that staff has studied this issue for the past year. He
received input from residents who want speed hump installations as
a mitigation measure. Residents of streets such as Gold Rush have
a severe problem with speeding traffic. He felt that Council should
immediately implement the policy and not impose a one year
moratorium.
C/Zirbes said that moving from rubber speed humps to permanent
asphalt speed humps would create a change in the neighborhood. He
believed that acceptance of the policy tonight would help move the
City forward on this issue. According to staff, it does not appear that
there is an overwhelming demand for speed hump installation at this
time.
In reply to M/Chang, DPW/Liu explained that this matter was
discussed six times by the Traffic and Transportation Commission.
The general response was that residents were pleased to learn that
the City was considering adding this tool to assist in the mitigation of
speeding vehicles.
CA/Jenkins stated that there was a time in the past when speed
humps were not a recognized traffic design feature. They have
become a traffic design and traffic calming design feature. The City
is immune from liability for design of its public facilities and public
roadway as long as the design is reasonable and approved by Council
in a public meeting. Further, the City is not liable for the condition of
its streets unless there are inherently dangerous conditions. He did
not believe that speed humps are inherently dangerous.
JUNE 18, 2002 PAGE 14 CITY COUNCIL
Consequently, he believed that the potential for municipal liability was
very low. Accidents occur when people are exceeding the speed limit
and lose control of their vehicle. In that case, they are responsible for
any injuries or damage to property that results therefrom. Secondly,
C/Huff's motion prompted him to consider his statement that people
could start the process of collecting petitions during the one-year
moratorium. The policy is silent on that subject. He wondered if
Council would want to amend the policy as to when signatures on a
petition become stale. Thirdly, staff would prefer, if this motion were
passed, to bring back a resolution at the next meeting as a Consent
Calendar Item that sets forth the salient points.
C/Huff amended his motion to include a six-month timeframe to make
certain the petition signatures do not become stale. Further, to direct
staff to bring back a resolution at the next City Council meeting as a
Consent Calendar Item if the policy is adopted. C/Zirbes seconded
C/Huff's amended motion.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes
NOES: COUNCIL MEMBERS - MPT/O'Connor, M/Chang
ABSENT: COUNCIL MEMBERS - None
MPT/O'Connor said she voted "no" because she favored the speed
hump policy but opposed the moratorium.
M/Chang clarified that he voted "no" because he opposed the
moratorium. The community needs a speed hump policy now.
Speeding traffic is a major community concern.
8.1 a) ADOPT RESOLUTION NO. 2002-50 APPROVING THE
FISCAL YEAR 2002-03 MUNICIPAL BUDGET — CM/Lowry
presented staff's report.
Moved by MPT/O'Connor, seconded by C/Herrera to adopt
Resolution No. 2002-50 as amended. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff,
Zirbes, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None -
ABSENT: COUNCIL MEMBERS - None
JUNE 18, 2002 PAGE 15 CITY COUNCIL
Ib) (1) ADOPT RESOLUTION NO. 2002-51 SETTING FORTH
PERSONNEL RULES AND REGULATIONS.
(2) ADOPT RESOLUTION NO. 2002-52 ESTABLISHING
SALARY RANGES AND RATES FOR ALL CLASSES
OF EMPLOYMENT.
Moved by C/Herrera, seconded by M/Chang to adopt
Resolution No. 2002-51 and 2002-52. Motion carried by
the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes,
MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
9. COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER
COMMENTS: C/Herrera was pleased that Council adopted a resolution
reaffirming its commitment to monitor occurrences at Lanterman, particularly
with respect to potential Forensic and Severe Behavioral Clients. There are
budget problems within the State and the Governor took the funding from the
Department of Developmental Services for use in other areas. Without
funding, the project does not move forward. As a result, a hold has been
placed on State Advisory Committee meetings and for the City's Monitoring
Committee. These committees are not disbanded and the current members
of both committees will remain on board. She requested that she and the
Executive Director of Lanterman meet on a quarterly basis to update her with
respect to programs and budget information. She asked DCM/DeStefano to
share budget language confirming no Forensics permitted at Lanterman.
DCM/DeStefano referred to current AB 1777, On Page 311 of the 800 plus
page budget bill, Item 6 states that "Forensic individuals will not be permitted
at Lanterman Developmental Center" and Item 7 states that "the number of
Severe Behavioral individuals at Lanterman Developmental Center shall not
exceed 128 provided however, that a) only Severe Behavioral individuals with
a community risk grade of 1A or 1B will be admitted to or housed at
Lanterman Developmental Center and b) no Severe Behavioral individual will
be admitted to or housed at Lanterman who had at any time been accused
of or charged with the commission of a violent felony offense." Those two
sections are the same as were inserted in the budget bill of 2001 and 2000.
In the development services section of the budget on Page 317, is the
deletion of Line Item 4300-301-001 which was discussing capital outlay for
' the Department of Developmental Services for the Lanterman Security
Improvement Construction Project of $3.780 million.
C/Zirbes thanked everyone for staying through tonight's long meeting. The
Council exhibits differing and intelligent opinions and he believed that at the
JUNE 18, 2002 PAGE 16 CITY COUNCIL
end of the day, Council Members hold their counterparts in high regard. He
wished C/Herrera a happy birthday. He wished fathers a belated happy
Fathers' Day and wished graduates well. During the upcoming summer
months, residents need to be vigilant about dry slopes and the possibility of
fire. He reminded people to keep their pool gates locked and stay watchful
when children are in the pool.
C/Huff thanked former Council Member and Mayor Phyllis Papen for her hard
work toward promoting the SR57/60 interchange improvements. Last week
he attended a gateway COG meeting in Cerritos. While there, he met the
Director of Governmental Affairs for the White House. The Council of
Governments has been wrestling with the Romero Bill that expands the
Rivers and Mountains Conservancy. COG opposed the legislation. During
next Thursday's meeting, the membership at large will be asked to offer their
opinion.
MPT/O'Connor said several residents have asked about the current status
of Adelphia. Adelphia is current in payment of their franchise fees to the City.
She encouraged the delegates to Contract Cities to attend tomorrow night's
dinner in Cerritos and visit the library facility. She thanked staff for installing
the red flags as a reminder about street sweeping days. She explained to an
earlier speaker that street sweeping day occurs on the day following
residents' trash pickup days. If your trash pickup day is Monday, your street
will be swept on Tuesday and so forth. Reminders are being sent to
homeowners and friendly reminders are being placed on vehicles that are in
violation of the ordinance prior to imposition of fines. The Council will need
to discuss issues of concern such as business vehicles in neighborhoods on
street sweeping day. WCCA agreed to join in the appeal against the City of
Industry on the matter of the purchase of the Boy Scout property.
M/Chang encouraged everyone to join in the City's July 4th celebration at
Sycamore Canyon Park at 6:30 p.m. and to participate in the Concerts in the
Park series commencing July 10. The City has received numerous
compliments on the Brea Canyon Rd. Improvement Project.
10. ADJOURNMENT: There being no further business to conduct,
M/Chang adjourned the meeting at 11:07 p.m.
4L DA BURGESS, City Clerk
ATTEST:
Wen Chang, Mayor