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HomeMy WebLinkAbout9/3/2002 Minutes - Regular MeeingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION SEPTEMBER 3, 2002 STUDY SESSION: Mayor Chang called the Study Session to order at 5:09 p.m. in the SCAQMD/Government Center, Room CC -8. Discussion of Parking Restrictions during Street Sweeping Consider Options for Production of City Newsletter Present: Council Members Herrera, Huff, Zirbes, Mayor Pro Tem O'Connor and Mayor Chang. Also present: 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; April Blakey, Public Information Manager; Linda Smith, Development Services Assistant and Lt. Joe Maxey, Diamond Bar/Walnut Sheriff. Discussion of Parking Restrictions during Street Sweeping — Presentation by DSA/Smith. MPT/O'Connor asked if the Sheriff's Department would ticket cars parked in and around schools during street sweeping. CM/Lowry said that the street sweeping effort in and around schools would be scheduled for a time that would not conflict with school traffic. If the street sweeper had left the school prior to school traffic hours, there would be no issue regarding citations. MPT/O'Connor was concerned about volunteers not being able to park at Diamond Point Elementary during street sweeping hours. C/Zirbes believed there might be a problem at all schools. DPW/Liu responded that every effort would be made to have the street sweeper at the school during hours when there would be no traffic. MPT/O'Connor felt that the CSO should monitor a different street each week to insure full and fair coverage. C/Huff said that if people can plan on a definite time to have to remove their vehicles, it would be more effective whether they got ticketed or not. He thought it would not be advantageous for the street sweeper to vary his routine. SEPTEMBER 3, 2002 PAGE 2 CC STUDY SESSION MPT/O'Connor clarified that she did not mean the street sweeper should vary his routine, just the CSO. C/Huff said he thought the plan was for the CSO to stay slightly ahead of the street sweeper. MPT/O'Connor said that by the time the CSO finished writing one or more tickets, the street sweeper would be finished and on to another street. CM/Lowry explained that the CSO would go wherever there was an opportunity to issue a citation. C/Huff suggested that wherever possible and as a courtesy to residents, flyers be placed under windshield wipers letting people know they were illegally parked but got off without a citation that day. MPT/O'Connor said that people on street A could put their vehicles back on the street by 8:00 a.m. People on street Z would have to keep vehicles off of their street for five hours. -- C/Zirbes felt that residents would soon get accustomed to the routine and know when the street sweeper would be in their area. MPT/O'Connor said that if the CSO goes ahead of the street sweeper, those people who are waiting until the street sweeper arrives to move their cars would be ticketed. Further, she felt that if the street sweeper had to go around a car, the vehicle should be ticketed. CM/Lowry said that all people who speed do not necessarily get ticketed and because of timing, there will be people who will not get a ticket for preventing the street sweeper from doing his job. MPT/O'Connor asked for an opinion from fellow Council Members whether they believed that if the CSO finished his/her rounds early they should go back around behind the street sweeper to see if there were vehicles that should have been ticketed. C/Zirbes felt that the CSO should follow the street sweeper to issue tickets. C/Herrera said that people might argue that their car was moved, that the street sweeper went around another car, and that they moved their car back onto the street in the spot after the street sweeper finished. She was concerned that the City would be liable SEPTEMBER 3, 2002 PAGE 3 CC STUDY SESSION for giving tickets for incidents not witnessed. She opposed the CSO going back to give tickets. C/Zirbes understood MPT/O'Connor's point but felt that the City did not have sufficient resources at this time to follow that mandate. M/Chang said that although it is not a written policy that people can park their cars on the street once the street sweeper has passed, the residents were informed that they could park their vehicles on the street once the street was swept. CM/Lowry confirmed that the last correspondence from the City to the residents indicated that the residents could return to parking their vehicles on the street once the street sweeper had gone by. DPW/Liu said it was also made clear during the slide presentation that vehicles could park on the street once the street sweeper had passed through the area. C/Zirbes said he believed in a policy that once the street is swept you could park on it. C/Herrera agreed with C/Zirbes. She also said that the signs have to indicate a bank of time because you cannot pinpoint the exact time the street sweeper will pass by. Four Council Members (excluding C/Huff) agreed that once the street was swept, people could again park in the area. C/Huff said he was against the ordinance in the first place so it was difficult for him to weigh in on this issue. He wanted to know what the CSOs thought and where they would spend their time if they were not writing these tickets. MPT/O'Connor thought that the Council approved hiring a CSO specifically for parking. She again asked that if the CSO were finished by 10:00 a.m., why wouldn't he/she go back into the neighborhoods to ticket obvious offenders. The CSO said he kept pretty busy writing tickets during his time on duty and that it was sometimes difficult to keep up with the street sweeper. CA/Jenkins explained why a CSO must actually witness the fact that a specific vehicle impeded the street sweeper in order for it to be ticketed. SEPTEMBER 3, 2002 PAGE 4 CC STUDY SESSION C/Zirbes asked that staff provide a weekly report to the Council on the number of citations issued by the CSO. Clyde Hennessee said he has witnessed the CSO exceeding the speed limit to keep up with the street -sweeping machine - that should not be happening. He agreed that the City wouldn't be able to ticket all offenders. The idea of this ordinance is to keep the City clean and the City ought to seek cooperation rather than push enforcement to the extent that it would make the residents unhappy. 2. Consider Options for Production of City Newsletter C/Zirbes stated that due to a potential conflict, he would exclude himself from discussion of this item. PIM/Blakey presented staff's report and recommended that the Council approve bringing the newsletter in-house. In response to MPT/O'Connor, PIM/Blakey stated that the $51,000 in-house cost anticipates the same amount of staff time as was previously expended by communicating with an outside vendor but does not include a specific staff cost line item. In response to M/Chang, PIM/Blakey explained that the current method of operation is for staff to provide camera-ready articles to the Chamber of Commerce. If the Council brought the newsletter in-house, staff would spend the same amount of time preparing the newsletter for printing. PIM/Blakey responded to Jack Newe that the 8 1/2 x 11 format, printed on higher quality paper, was the same format used for the Recreation Guide, a very popular and recognizable publication. Eileen Ansari asked about the bids received by the City, to which PIM/Blakey responded that a bid of $48,000 was received from The Windmill and a bid of $73,000 was received from the Chamber. Staff is not recommending consideration of The Windmill. Mary Hall, President, Chamber of Commerce, said that if the Chamber had been asked to propose a small size publication, it would likely be possible the cost would be lower. The Chamber believes that the residents of D.B. have come to equate news with - the Chamber. For consistency, she believed their product should be considered. While there may be benefits to cost consideration and control, the Chamber believes that if the City compares apples - to -apples, the cost of the Chamber's publication would be about the SEPTEMBER 3, 2002 PAGE 5 CC STUDY SESSION same as the cost for taking the publication in-house. She believed it was possible to avoid duplication of articles through proper communication. In response to MPT/O'Connor, PIM/Blakey explained that the City's RFP did, in fact, give three options: 1) 11 x17 — 4 pages, 2) 81/2 x11 — eight pages and 3) alternate bids of the bidders choosing and that staff has attempted to communicate with the Chamber about duplication of articles. DCM/Doyle confirmed PIM/Blakey's statement that staff had attempted to communicate with the Chamber about duplication of information and articles. Jeff Koontz said that the Chamber is very disappointed that the City has decided to go in this direction. If the Chamber loses the $6,100 that the City is currently paying, it will no longer be able to produce a mailing because there is not sufficient advertising dollars to cover the cost. He also felt that it would not sit well with Chamber members that the City rebuked the Chamber. PIM/Blakey indicated that the in-house publication could be smaller because there would be no need to provide display -type advertising. Advertising could be incorporated within articles, thus saving staff setup time. MPT/O'Connor asked if it would be possible to insert the Chamber News in the City's newsletter. Mr. Koontz responded that the Chamber would have to change from the 11 x17 format to the 8'/z xl 1 format. Responding to MPT/O'Connor, PIM/Blakey indicated that The Windmill bid for a full-color insert was $61,756 (comprised of a Windmill insert fee plus City staff preparation) and a spot -color insert for $40,830. The primary reason for rejecting this option was that the City would receive no front coverage. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the study session at 6:27 p.m. LYNDA BURGESS, City Clerk SEPTEMBER 3, 2002 PAGE 6 CC STUDY SESSION ATTEST: P WEN CHANG, Mayor 1 1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 3, 2002 STUDY SESSION: M/Chang called the meeting to order at 5:09 p.m. in Room CC -8 of the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, CA. • Discussion of Parking Restrictions During Street Sweeping Consider Options for Production of City Newsletter ADJOURN STUDY SESSION: 6:27 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, 21865 E. Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: INVOCATION: Church ROLL CALL: Tem O'Connor, Mayor Chang The Pledge was led by Council Member Zirbes. Pastor Bob Stebe, Northminster Presbyterian Council Members Herrera, Huff, Zirbes, Mayor Pro Also present were: Linda Lowry, City Manager; Mike Jenkins, City Attorney; .fames DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Dennis Tarango, Building Official; Linda Magnuson, Finance Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaimed September 2002 as Alcohol Recovery Month: "Join the Voices of Recovery: A Call to Action." 1.2 Presentation by the Division of Public Works regarding the City's Street Sweeping Program -- Presentation by Linda Smith, Development Services Assistant, BUSINESS OF THE MONTH: 1.3 Presented City Tile to Vons Market as Business of the Month and displayed a video regarding the business. Tile accepted by Vicky Bellew, Manager of the Diamond Bar Vons. September 3, 2002 PAGE 2 CITY COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry stated that, at a recent City Council meeting, resident Marie Buckland asked questions about the makeup of the Public Safety Committee as well as the status of requirements of the Sheriff's Volunteer Program. Lt. Maxey responded to Ms. Buckland's questions by letter last week. CM/Lowry read the letter into the record for the public's benefit. M 3. PUBLIC COMMENTS: Eileen Ansari, speaking on Agenda Item 8.2, urged Council to continue the contract with the Chamber of Commerce for the City Newsletter and not to go in-house with the publication. She suggested that during the next year, staff work with the Chamber to refine the publication and possibly work toward reducing the cost. Surrender P. Mehta said he is working with the Indian community to encourage them to purchase Community Foundation tiles for the Community/Senior Center. He presented 22 donation forms to MPT/O'Connor on behalf of the Foundation. Mary Matson wanted to know why, after 13 years of incorporation, the City was still not operating its own Business License program and why it allowed businesses to open up without proper licensing or proper zoning compliance. Clyde Hennessee shared his opinions regarding upcoming ballot measures. Roger Meyer, representing the Walnut/Diamond Bar Football League, requested a $1,000 donation from the City for purchase of equipment for the organization for its 2002 football season. 4. RESPONSE TO PUBLIC COMMENT: M/Chang responded to Mary Matson that prior Council meetings have addressed the subject of a City business license program. Currently, staff is studying the matter and will advise Council of its findings at a future meeting. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PUBLIC SAFETY COMMITTEE MEETING- -- September 9, 2002 — 7:00 p.m., Walnut/Diamond Bar Sheriff Station, 21695 E. Valley Blvd., Walnut. 5.2 PLANNING COMMISSION MEETING — September 10, 2002 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 E. Copley Dr. 5.3 "AMERICAN SPIRIT DAY" event hosted by the D.B. Chamber of Commerce and the City — September 11, 2002 -- 7:30 a.m., SCAQMD/Government Center, 21865 E. Copley Dr. September 3, 2002 PAGE 3 CITY COUNCIL 5.4 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — September 12, 2002 — 7:00 p.m., SCAQMD/Government Center Hearing Board Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING — September 17, 2002 — 6:30 p.m., SCAQMD/Government Center, 21865 E. Copley Dr. 6. CONSENT CALENDAR. Moved by C/Zirbes, seconded by C/Herrera to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT/O'Connor, Mayor Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 CITY COUNCIL MINUTES: 6.1.1 Study Session of August 6. 2002 — Approved as submitted. 6.1.2 Regular Meeting of August 6, 2002 — Approved as submitted. 6.1.3 Study Session of August 20, 2002 — Approved as submitted. 6.1.4 Regular Meeting of August 20, 2002 — Approved as submitted. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of July 25, 2002. 6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of July 23, 2002. 6.4 APPROVED VOUCHER REGISTER - dated September 3, 2002 in the amount of $1,188.050.49. 6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT — MONTH OF AUGUST, 2002. 6.6 REJECTED CLAIM FOR DAMAGES — Filed by Sylvia Sanchez, guardian ad iitem for Michael Anthony Recendez; a minor, on August 15, 2002. 6.7 APPROVED BOND RELEASE — CASH DEPOSIT IN THE AMOUNT OF $4,320 IN LIEU OF GRADING BOND POSTED BY JOHN E. AND MARIA R. LUPO TO COMPLETE GRADING IMPROVEMENTS FOR LOT 12 OF TRACT NO. 47722 (1825) DIAMOND KNOLL LANE, "THE COUNTRY ESTATES"). 6.8 APPROVED MAINTENANCE IN PERPETUITY AGREEMENT WITH CALTRANS FOR THE CITY TO MAINTAIN THE PLANNED LANDSCAPED MEDIAN ON GRAND AVENUE ABOVE THE SR57/60 September 3, 2002 PAGE 4 CITY COUNCIL FREEWAY (ACROSS FROM THE HONDA DEALERSHIP). 6.9 ADOPTED RESOLUTION NO. 2002-63, ENCOURAGING THE U.S. TRUSTEE TO CREATE A COMMITTEE COMPRISED OF REPRESENTATIVES OF LOCAL GOVERNMENTS SERVED BY ADELPHIA TO DEVELOP AND IMPLEMENT A STRATEGY FOR PROTECTING THE INTERESTS OF LOCAL GOVERNMENT, ITS RESIDENTS, AND ALL ADELPHIA CABLE TELEVISION SUBSCRIBERS IMPACTED BY THE ADELPHIA BANKRUPTCY. 6.10 ADOPTED RESOLUTION NO. 2002-64 APPROVING INSTALLATION OF MULTIWAY STOP SIGNS ON LEYLAND DR. AND NEWBURY WAY, AND LEYLAND DR. AND WYNNEWOOD DR. 6.11 ADOPTED RESOLUTION NO. 2002-65 SUPPORTING CONTINUED OPERATION OF THE PUENTE HILLS LANDFILL. 6.12 RECEIVED AND FILED REPORT ON THE STATUS OF THE CITY'S DIAL -A -RIDE PROGRAM. 6.13 ADOPTED RESOLUTION NO. 2002-66 APPROVING THE DIAMOND BAR PUBLIC SAFETY PROGRAM — Continued from August 20, 2002. 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 AUTHORIZE THE CITY MANAGER TO CONTRACT WITH DUBBERLY GARCIA ASSOCIATES, INC. TO PREPARE A LIBRARY BOND ACT APPLICATION ($116,648) — Presentation by DCM/Doyle. Clyde Hennessee disagreed with the need for a new library in D.B. Jack Newe pointed out that 285,000 individuals used the library during the 12 months of 2001 and it was felt that the number would be much higher if more parking were available. Moved by C/Zirbes, seconded by C/Huff, to approve the contract with Dubberly Garcia Associates in the amount of $116,648, conditioned upon the following: "The City will structure the agreement with Dubberly Garcia Associates, Inc. to pay for each service as it is completed, so that if the City decides, based on the results of the survey or for other reasons, not to pursue a Library Bond Act funding decision, the City will only pay the appropriate prorated amount for - work performed." Motion carried by the following Roil Call vote: September 3, 2002 PAGE 5 CITY COUNCIL AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT/ O'Connor, Mayor Chang NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS - None 8.2 CONSIDER OPTIONS FOR PRODUCTION OF CITY NEWSLETTER — report presented by DCM/Doyle. C/Zirbes excused himself from discussion of this item due to a potential conflict of interest. Clyde Hennessee believed Council should consider getting rid of the quarterly recreation guide because it is too costly to produce and mail. He had no objections to the way the View/City Newsletter had been produced by the Chamber to date. The Chamber issue is much more valuable than the City's Recreation Guide. Richard Malooly felt that the City should continue its partnership with the Chamber and protect the images of both organizations. Jack Newe also supported the concept of the City continuing to partner with the Chamber for production of the Newsletter. Mary Hall, President, D.B. Chamber of Commerce, while understanding the City's need to save money and gain control of its publication, committed the Chamber to continuing its efforts for a joint publication and encouraged the Council to continue its agreement with the Chamber. Jeff Koontz, Executive Director, D.B. Chamber of Commerce, felt that the paper was currently well received by the public. Marie Buckland supported continuing the joint publication with the Chamber. Bob Huff suggested excluding The Windmill from further consideration and continuing discussion on this matter until a later meeting when it may be possible for all five Council Members to vote on the matter. C/Huff, because The Windmill's proposal is not being championed, moved to exclude The Windmill from consideration. Motion seconded by MPT/O'Connor and carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor NOES: COUNCIL MEMBERS - Mayor Chang ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - Zirbes September 3, 2002 PAGE 6 CITY COUNCIL C/Zirbes returned to the dais. M/Chang moved to support continuation of the agreement with the Chamber of Commerce for production of The View/City Newsletter. Motion seconded by MPT/O'Connor. Motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS - MPT/O'Connor, Mayor Chang NOES: COUNCIL MEMBERS - Herrera, Huff, Zirbes ABSENT: COUNCIL MEMBERS - None C/Huff moved, ClZirbes seconded, to follow staff's recommendation and bring publication of the City's Newsletter in-house. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes NOES: COUNCIL MEMBERS - MPT/O'Connor, Mayor Chang ABSENT: COUNCIL MEMBERS - None 8.3 INTRODUCE ORDINANCE NO. 09(2002) AMENDING TITLE 15, BUILDING AND CONSTRUCTION SAFETY, OF THE DIAMOND BAR MUNICIPAL CODE AND ADOPT RESOLUTION NO. 2002-67 DETERMINING THAT MODIFICATIONS TO THE CALIFORNIA BUILDING, PLUMBING AND ELECTRICAL CODES ARE REASONABLY NECESSARY — Presentation by Dennis Tarango, Building Official. C/Herrera moved, C/Huff seconded, to approve first reading, waive full reading by title only of Ordinance No. 09(2002), adopt Resolution No. 2002-67 and set the matter for Public Hearing on September 17, 2002. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT/ O'Connor, Mayor Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Huff stated that ACE is moving forward on a concept for the Temple rail crossing and is currently in a phase of property acquisition at Nogales. He attended a Foothill Transit meeting. He wished his oldest son Adam best wishes on his recent marriage and welcomed his new daughter-in-law. - September 3, 2002 PAGE 7 CITY COUNCIL C/Herrera said that tonight's vote was difficult and she was pleased that Jeff Koontz was still in the audience. She stated that she was very supportive of the Chamber of Commerce and would like to see some type of a partnership - agreement arrived at between the City and the Chamber. She invited residents to join the City and Chamber on September 11 to celebrate American Spirit Day. - C/Zirbes said it seemed that tonight the Council got bogged down in a discussion of one way versus another way. The Council never looked at staff's recommendation. He supports the Council and Mr. Koontz is a friend of his. Tonight's vote is no slam on the Chamber; it was staff's recommendation that he supported. He will continue his membership and support of the Chamber. Summer is over and school is commencing. He encouraged residents to slow down when driving. During the past two weeks, he was busy working with residents and the Neighborhood Improvement Committee with Mayor Chang in reviewing a rough draft of the Improvement Program. Residents should be aware that on Monday, September 16, the citations go into effect for street sweeping days. While reviewing a staff report, he noticed that kids are still not wearing proper protective gear at the City's skate park. He asked staff to consider whether it might be appropriate to allow bikes in the skate park during certain hours and whether any retrofitting would need to be done. Council and staff are still pursuing major supermarkets to fill a space at the Country Hills Towne Center. He concurred that the City should expedite its effort to study the business license matter, not for revenue enhancement or generation, but to understand what types of businesses are opening in D.B. MPT/O'Connor commented that the problem with BMX bicycles in the skate park is that the pedals and handlebars gouge the cement when riders fall. She spoke about her attendance at Contract Cities meeting. She and CM/Lowry attended the YMCA's candlelight dinner and play in Claremont. She and M/Chang were present at the baseball clinic and awarded trophies to the participants in the City's Recreation Program. On August 28, she attended the Sanitation District meeting. She thanked Council for approving the letter recommending extension of the Puente Hills Landfill permit. The Finance Committee met. She said the Finance Committee would address an earlier speaker's request for a donation to the Walnut football program at its next meeting next week. She was appointed by the Pomona Unified School District to serve on the Measure J oversight committee. She announced that Richard Rodriguez was appointed to the open seat on the Pomona Unified School District Board. Ed Hilden was appointed by the Walnut Valley Water District Board to fill its open seat in District #2 serving the northern portion of D.B. School starts tomorrow and she asked everyone to take time to drop their students off at school in a patient manner to insure a safe environment for the children. M/Chang attended many events during the past two weeks. However, he did not bring his information to the meeting and could not specifically comment September 3, 2002 PAGE 8 CITY COUNCIL on the events. He reminded residents that they could park their vehicles on the street immediately after the street sweeper has visited their neighborhood. He explained why street sweeping is important to the City. With regard to the business license matter, the City wants to provide a safer community, not produce additional revenue. He wished everyone a safe and happy return to school tomorrow. 10. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the meeting at 10:00 p.m. LYNDA.BURGESS, City Clerk ATTEST: cl 607"t WEN CHANG, Mayor