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HomeMy WebLinkAbout3/4/2003 Minutes - Regular Meeting1 1 1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 4, 2003 CLOSED SESSION: None STUDY SESSION: None CALL TO ORDER: M/Herrera called the Regular Meet ng to order at 6:36 p.m. in the South Coast Air Quality Management/Goverr ment Auditorium, 21865 E. Copley Dr. Diamond Bar, CA PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledg of Allegiance. INVOCATION: Pastor Mindy Chamberlain, Diamond Canyon Christian Center gave the invocation II ROLL CALL: Council Members Chang, O'Conor, Zirbes, Mayor Pro Tem Huff, Mayor Herrera Also Present: Linda Lowry, City Manager; Michael Jenkins City Attorney; James DeStefano, Deputy City Manager; David Doyle, Deput City Manager; David Liu, Public Works Director; Bob Rose, Community Se ices Director; Linda Magnuson, Finance Director; April Blakey, Public Information Manager and Tommye Cribbins, Assistant City Clerk. APPROVAL OF AGENDA: CM/Lowry requested that the Council Consent Calendar Items 6.6 and 6.9 to Council Consideration. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaimed March 2003 as Red Cross Month. Bill Thorne, Red t Board Member accepted the Proclamation. 1.2 Proclaimed March 9, 2003 as Arbor Day. John Baker, Deputy Forester, Department of Forestry, accepted the proclamation 1.3 Presented Certificates of Recognition to Community Service Volunteer Patrol Members Jerry Altman for 1000 hours of service and TOM Pepper and John Rhee for 500 hours of service. Mr. DuQuite as unable to attend. 1.4 Presented Certificate of Recognition to Ana Gonzales, AAA Di: Manager for her service and dedication to the community. Ra Navarro with Assemblyman Bob Pacheco's office presented Gonzales with a Certificate of Recognition. on rs. MARCH 4, 2003 PAGE 2 CITY COUNCIL BUSINESS OF THE MONTH: 1.5 Presented City Tile to Ana Gonzales with the Automobile Club of Southern California, as Business of the Month for March 2003. Video presentation followed. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: Aziz Amid, Holiday Inn Select, announced that the hotel was awarded the "Top Company in the Inland Empire for 2003" for employment and introduced members of his staff. Dr. Larry Rhodes spoke about the difficulties he has experienced with the City's parking administration contractor. He recommended that the City use a better grade of lane marking paint where people cut the left turn short at eastbound Golden Springs Dr. at Brea Canyon Rd. People often unexpectedly stop short of Brea Canyon Rd. to make a left turn into the Mobil station and become involved in small fender benders. M/Herrera explained to Reverend Ted Meyers, who wished to comment on the potential war in Iraq, that she consulted with the City's Attorney who advised the Council that this meeting is a business meeting. Potential war is not a matter for discussion or comment by this body. CA/Jenkins stated that M/Herrera is correct in describing tonight's meeting as a business meeting of the City Council. These meetings are governed by the Brown Act that states that members of the public must be given an opportunity to speak on subjects that are within the Council's subject matter jurisdiction. A City Council meeting is not a forum for a debate of issues of interest, issues of the day or issues of interest in general. It is, in fact, a business meeting where the City meets to conduct its municipal business. There are other forums available for debates of issues of the day. These include traditional places of speech such as public parks and streets where protests occur, public access television channels and similar other places where people engage in debate. The citizens in this country have a relationship with three levels of government — national, state and local. It is very clear that a subject matter of foreign policy and the conduct of war implicate the citizens' relationship with their national level of government and with their national leaders. The city's subject matter jurisdiction is governed by the California Government Code, the California Constitution, the City's own Municipal Code and case law. The case law clearly establishes that the subject of foreign relations and the subject of the conduct of war by our national government are completely outside the authority and jurisdiction of a city functioning as a government. There is no doubt that foreign relations and the conduct of war are important and there is no doubt that they affect all of us as citizens, as taxpayers, as parents. But it is also clear that that subject is not a subject over which this Council has any authority or any MARCH 4, 2003 PAGE 3 CITY COUNCIL control whatsoever. Now it is true that some cities have chosen to we gh-in on the subject of war in Iraq. Those cities that have chosen to take this subject under consideration place it on their agendas and take a position have, in effect, opened the door to public debate on that subject. Onc they take it upon themselves to take a position on that subject, they are obligated to hear that debate in the form of public comment. Many cities have c osen not to consider this subject on the grounds that it is simply not a subject of municipal concern. They do not want their council meeting to becorne a forum for the expression of their citizens or their residents' diverse views over which they have no control. If you have no interest in considering this matter at all, it is my opinion that it is outside your subject matter jurisdic ion. Secondly, you are not required to entertain a debate among your citize s at your business meeting on the wisdom of war. This is not a forum for expression on that subject. You are convened to address purely municipal concerns. There are ample alternative forums for residents to address t ese issues. If the Mayor or majority of the Council wish to entertain that debate, fine, but you are not, in my judgement, based on my reading of the Brown Act, required to consider comment. And, you are in your rights, Mayor, to ask the gentleman if the subject matter of his comments tonight are he indicated on his speaker's slip, which is the war in Iraq, you are within your rights to ask him to take his seat. If he declines to do so, you are within your rights to ask our Sheriff deputy to escort him from the room. If he has something else to discuss, that is within your subject jurisdiction s a municipality, certainly he may take the five minutes that you allot resid nts and members of the public. M/Herrera asked Mr. Meyers if the subject he wished to speak about wathe war in Iraq. Mr. Meyers responded that he wished to speak on homeland security and about everything. It's about public safety; it's about federal dollars that come to this city. That's within your jurisdiction. Increased cost for sheriff, police and fire department — these matters are within your jurisdiction. CA/Jenkins stated that if the subject is the security of our residents then the speaker may certainly touch on that issue as long as he does not stray nto subject matter that is outside the Council's jurisdiction. M/Herrera asked Mr. Meyers if it was possible to speak as outlined. Mr. Meyers responded "How can I do that without involving the discussion of the issue of funding? Don't you receive federal dollars? Don't you rec ive federal block grants?" M/Herrera asked Mr. Meyers what he wanted to say about home) nd security. Mr. Meyers said he would not be confined that way. He said it was on MARCH 4, 2003 PAGE 4 CITY COUNCIL Councils' conscience. He would continue to pursue this, they are having demonstrations and he would be back and he would seek legal recourse. Clyde Hennessee was pleased to see that the City was purchasing an automobile for the Volunteers on Patrol but felt it did not have to be such an expensive vehicle. 4. RESPONSE TO PUBLIC COMMENT: CM/Lowry explained to Dr. Rhodes that Code mandates a certain quality of street paint and the City does not have an option to purchase a different quality of paint. Certainly, the City could review the frequency with which it paints and repaints the curbs. CM/Lowry responded to Mr. Hennessee that tickets are available for review and that staff would monitor the speed of ambulances. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION — March 11, 2003 -- 7:00 p.m., SCAOMD/Government Center Auditorium, 21865 E. Copley Dr. 5.2 TRAFFIC AND TRANSPORTATION COMMISSION —March 13, 2003 --- 7:00 p.m., SCAQMD/Government Center Hearing Board Room, 21865 E. Copley Dr. 5.3 ARBOR DAY CELEBRATION — March 14, 2003 — 9:00 a.m. to 10:30 a.m., Pantera Elementary School, 801 Pantera Dr. 5.4 CITY COUNCIL MEETING — March 18, 2003 — 6:30 p.m., SCAQMD/Government Center, 21865 E. Copley Dr. 5.5 COUNTY HOUSEHOLD HAZARDOUS WASTE AND E -WASTE ROUNDUP — March 22, 2003 — 9:00 a.m. to 3:00 p.m., 1600 Bridgegate Dr. 5.6 COMPOSTING WORKSHOP — March 29, 2003 —10:00 a.m. —12:00 noon, Heritage Park Community Center, 2900 S. Brea Canyon Rd. 6. CONSENT CALENDAR: Moved by C/Chang, seconded by C/Zirbes to approve the Consent Calendar, with corrections to Item 6.1.1 and the exclusion of Items 6.6, 6.8 and 6.9. Motion carried by the following Roll Call vote with C/O'Connor voting "NO" on 6.3 warrants for SigmaNet in the amount of $61,039.80: AYES: COUNCIL MEMBERS - Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None MARCH 4, 2003 PAGE 5 CITY COUNCIL 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Study Session of February 18, 2003 - As corrected. 6.1.2 Regular Meeting of February 18, 2003 — As submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of January 28, 2003. 6.3 APPROVED WARRANT REGISTERS — dated February 20, 2001 and February 27, 2003, totaling $529,448.75. 6.4 REVIEWED AND APPROVED TREASURER'S STATEMENT— of February 2003. 6.5 AUTHORIZED PURCHASE OF A 2003 FORD CROWN VICTRIA FROM "CARS DIRECT' FOR THE VOLUNTEERS ON PA OL PROGRAM ($25,000) 6.7 APPROVED EXONERATION OF DOMESTIC WATER SYSTEM BOND (FAITHFUL PERFORMANCE), No. 3SM98404600 in the amount of $231,750 for Tract Nos. 50314 AND 48487 (Windmill Estates, The Country) — and directed the City Clerk to notify the principals of this action. 6.10 APPROVED AMENDMENT NO. 1 TO CONTRACT WITH NIR CH AND ASSOCIATES, INC. IN THE AMOUNT OF $110,950 OR DESIGN OF PHASE III ADA RETROFIT AND OTHER NECESSARY PARK IMPROVEMENTS AT SYCAMORE CANYON PARK. 6.11 APPROVED AMENDMENT NO. 4 TO CONTRACT WITH DAVID EVANS AND ASSOCIATES IN THE AMOUNT OF $16,500 FOR A) CIVIL ENGINEERING SURVEYING SERVICES FOR THREE LANDSCAPE IMPROVEMENT PROJECTS AND B) PLAN CHECK SERVICES FOR LANDSCAPE, AESTHETIC TREATMENT ND IRRIGATION DESIGN FOR THE ALAMEDACORRIDOR-E ST CONSTRUCTION AUTHORITY (ACE) BREA CANYON ROAD GRADE SEPARATION PROJECT OF $3,000 FROM GENERAL FUND RESERVES. 6.12 AWARDED CONTRACT TO VALLEY CREST LANDSCAPE MAINTENANCE FOR LANDSCAPE MAINTENANCE SERVICES AT PANTERA AND PETERSON PARKS FOR APRIL 1, 2003 THROUGH JUNE 30, 2004 IN THE AMOUNT OF $174,395, APPROVED REDUCTION OF MAINTENANCE CONTRACT WITH TRUGR EN LANDCARE BY ELIMINATION OF PANTERA AND PETERSON PARKS EFFECTIVE APRIL 1, 2003 AND APPROVED APPROPRIATION OF $33,931 FOR SERVICES 1N THE CURRENT MARCH 4, 2003 PAGE 6 CITY COUNCIL FISCAL YEAR. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.8 ADOPTED RESOLUTION NO. 2003-11: APPROVING INSTALLATION OF MULTI -WAY STOP SIGNS AT LEMON AVENUE AND WILLOW BUD DRIVE. C/Zirbes was concerned whether the volume of a.m. traffic would create a spill over onto the left-hand turn pocket on Golden Springs Dr. from westbound Colima that would create traffic stack up into the number 1 lane. What type of hazard would be created in the right hand lane from eastbound traffic attempting a southbound left turn onto Lemon Ave? PWD/Liu responded that he did not have the turn count readily available. The total volume for the 24-hour period was 1,886. Furthermore, when staff conducted its field investigation, cars were observed queuing up on Lemon Ave. all the way from the school down toward Willow Bud. That creates a unique situation because in addition to Diamond Crest, that also serves as an access to South Pointe Middle School, Lemon Ave. and Willow Bud forms a circular loop that serves as a route to the middle school. Because of parked vehicles during drop off and pickup periods constituted a concern that prompted staff to further investigate the issue and present the matter to the Traffic & Transportation Commission for consideration. Residents were notified and as a result of that process, this recommendation was forwarded to the City Council. C/Zirbes asked if PWD/Liu was comfortable that the volume of traffic that enters off of Golden Springs onto Lemon Avenue would not begin to stack up and spill over creating more congestion on a major thoroughfare in that period of time. PWD/Liu said he was comfortable with the volume of traffic. Also, the distance from the intersection of Golden Springs at Lemon Ave. to the intersection of Lemon Ave. and Willow Bud is about 480 feet which means that 20 plus cars could queue up in that area. Staff's site investigation revealed no congestion in that area. Furthermore, staff has not received any complaints from the public or school officials. C/Zirbes moved, C/Chang seconded, to approve installation of multi - way stop signs at Lemon Ave. and Willow Bud Dr. M/Herrera stated that the Council received an email from resident Chris Chu opposing a stop sign on Lemon Ave. C/O'Connor said it appears that the stop sign could prevent people 1 1 MARCH 4, 2003 PAGE 7 MY COUNCIL from exiting the cul-de-sac between Golden Springs and Willov Bud. PWD/Liu explained that there would be adequate queuing for traffic along Golden Springs Dr. During school hours the parked vehicles along Lemon Avenue stopped at Willow Bud. Therefore, the intersection of the cul-de-sac would not be impacted. C/O'Connor felt that with a multi -way stop sign installation thereould be an impact to the cul-de-sac traffic. Is this a problem area 24- ours a day or just during school hours. PWD/Liu responded that it is primarily due to school traffic. The recommendation is also based on certain criteria. Staff noticed parents utilizing Lemon Ave. as a drop-off and pick-up area and here are very specific safety issues related to site visibility, street grad and speeding issues that lead to endangerment of school -aged chi dren walking on Lemon. C/O'Connor asked if staff considered initiating similar arrangeents to that of Chaparral Middle School, i.e. right -turn -only during c rtain hours and creating a one-way route. PWD/Liu responded "No." At this specific intersection, resident school officials represented a specific concern about the area. respect to a possible circulation plan for the middle school, staff not believe it is warranted for the City to embark upon si comprehensive plan. In this instance, there is another stri Diamond Crest — that allows access to the school. C/O'Connor said she had trouble agreeing with the prop mitigation measure since there is such a small time -period invc because the residents would have to live with the multi -way stop 24 -hours per day. She felt it would be better to look at a circul plan similar to the Chaparral Middle School plan rather than inst, multi -way stop signs. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - O'Connor ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: None and oes ha it — ed gns tion 'ling MARCH 4, 2003 PAGE 8 CITY COUNCIL 8. COUNCIL CONSIDERATION: 8.1 APPOINTMENT/REAPPOINTMENT TO VACANCIES ON THE DIAMOND BAR COMMUNITY FOUNDATION — Continued from February 18, 2003. CM/Lowry offered the following five applicants for appointment to the five Diamond Bar Community Foundation Board openings: Ling Ling Chang, Jody Roberto, Chery Cooper, Fabiola "Fabby" Holquin and Faith Lee. C/Chang moved, MPT/Huff seconded, to universally approve the five applicants for the openings to the Diamond Bar Community Foundation Board. Motion carried by the following Roil Call vote: AYES: COUNCIL MEMBERS - Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.2 APPROVED FIRST READING BY TITLE ONLY AND WAIVED FULL READING OF ORDINANCE NO. 01(2003) AMENDING PROVISIONS OF THE CITY'S PURCHASING SYSTEM INCREASING THE CITY MANAGER'S SPENDING AUTHORITY TO $25,000. DCM/Doyle reported that the City Manager's authority is currently limited to $15,000. Anytime an expenditure is in excess of $15,000, it requires formal Council approval. It sometimes creates delays and situations where there is an urgency to purchase something but gets delayed when there is a need for Council approval. Following a survey conducted by staff and taking into consideration our own spending history, staff recommended modification of the Purchasing Ordinance to increase the City Manager's purchasing authority to $25,000. C/O'Connor stated that she had reviewed the version of the Purchasing Ordinance contained within the Municipal Code. The language of the proposed Ordinance states "section 1 on the first page of that Section 1, Section 3.24.120 of Title 3, Chapter 3.24 the Diamond Bar Municipal Code is replaced in its entirety with the following...." I asked staff what happened to the part of section 1 on the use of purchase orders --wouldn't we be eliminating the use of purchase orders? DCM/Doyle explained that the proposed ordinance specifically addresses several sections of the Municipal Code that relate strictly to the purchasing authority of the City Manager and that dollar amount. By omitting those items from this ordinance, we are simply MARCH 4, 2003 PAGE 9 CITI COUNCIL leaving those alone. This ordinance specifies there are three changes City to the Municipal Code that will take place and those sections are identified as 3.24.120, Section 3.24.130 and Section 3.24.190. This ordinance takes those pieces of the Code and replaces them wi h the proposed ordinance items. The redlined version will show yoj the exact changes that we have made to those sections. It deals s rictly with the dollar amount being increased from $15,000 to $25,00). C/O'Connor also referred to Section 2 in the old ordinance, wh ch is the section that has 3.24.120 in it, and yet the proposed ordinance ge calls it Section 1. She understood the changes to the dollar arr cunt but expressed concern about changing section numbers. is DCM/Doyle explained that, if you look at Section 2.24.130, tha is a Section 2 of the ordinance of the Municipal Code, butwe are identifying each section as we are changing it. If there's been an rror in the sections, we can look at that as a typo that's been made. O'Connor — I understand that, but the ordinance I asked for, hich was the previous ordinance refers to Section 2, Section 3.24.1.210 of Section 24. You are referring to it as Section 1, Section 3.24.120. You also call Section 2, Section 3.24.130 and in the copy that I g t of the old one, its says that it is Section 324.130. So I am confuseas to what we are changing. CM/Lowry stated that this is a little confusing because the City adopted the Code when it incorporated and amended the Code in 1999. Staff worked from the Municipal Code document that is codified. The second document that includes that ordinance that increases the spending authority back in 1999 from $10,00 to $15,000 only exists in a separate document. Perhaps in creating this amendment to be placed in your agenda this time, staff made an Error and put Section 1 on the top of that Attachment 1 in your staff report, however, the language is quite explicit that we are asking to cha ge Section 3.24.120 and only Section 3.24.120. If in fact the section number lists it on the ordinance that has been prepared for yoj is wrong, that is something that is generally corrected when we send the ordinance to be codified. And that is part of the process of codification, that those kind of numbering errors are corrected. The issue is that staff has prepared a document for the Council to approve, in essence, increasing the City Manager's spending authority from $15,000 to $25,000. Whether the section number on this is a 1 or a 2, the intent is very clear. We are asking the Council to approv3 a change in the ordinance increasing those dollar amounts. Staff is trying to follow through on making our business transactions timely and working through the budget document. I can say with all god faith, we are providing adequate documentation to make an amendment to your municipal code. MARCH 4, 2003 PAGE 10 CITY COUNCIL C/Zirbes — We have an Attachment 1, which is the proposed ordinance and an Attachment 2, which is the redline version. If on Attachment 1, there seems to be some confusion about Section 1, 3.24.120, could we just say first, second, third? CA/Jenkins explained the process of organizing ordinances. Sections are created that are very simple. Section 1 is the first section of this ordinance and that section amends a particular section of the Municipal Code. It is done this way so that it is very clear as you go through it, at each time you come to a section of the ordinance; you are amending a different section of your municipal code. That's all. When we codify this, you won't see Section 1, Section 2, Section 3; this is the way we've done ordinances in time immemorial. That's just organizational technique. M/Herrera stated that the bottom line is that we are considering raising the City Manager's purchasing authority from $15,000 to $25,000. And staff will get the right numbers in the right sequence. C/Zirbes moved, MPT/Huff seconded to approve first reading by Title Only and waive full reading of Ordinance No. 01 (2003) amending provisions of the City's Purchasing System increasing the City Manager's spending authority to $25,000. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.3 (a) AWARDED CONSTRUCTION CONTRACT FOR THE LEFT - TURN SIGNAL IMPROVEMENT PROJECT AT THE INTERSECTIONS OF PATHFINDER RD./FERN HOLLOW DR. AND PATHFINDER RD/EVERGREEN SPRINGS DR. TO NEW WEST SIGNAL IN THE AMOUNT OF $261,535 AND AUTHORIZE A CONTINGENCY AMOUNT OF $26,153.50 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $287,688.50; AND APPROVED $287,688.50 OF PROP C FUNDS FOR CONSTRUCTION AND $25,300 OF PROP C FUNDS FOR CONSTRUCTION ADMINISTRATION/INSPECTION FOR A TOTAL PROJECT BUDGET OF $312,988.50. (b) AWARDED CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES FOR THE LEFT -TURN SIGNAL IMPROVEMENT PROJECT AT THE INTERSECTIONS OF PATHFINDER RD/FERN HOLLOW DR. AND PATHFINDER RDJEVERGREEN SPRINGS DR. TO WARREN C. SIECKE MARCH 4, 2003 PAGE 11 CITY COUNCIL TRANSPORTATION AND TRAFFIC ENGINEERING IN AN AMOUNT NOT TO EXCEED $23,000 AND AUTHORIZED A CONTINGENCY AMOUNT OF $2,300 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER %R A TOTAL AUTHORIZATION AMOUNT OF $25,300 PROP C FUNDS. In response to MPT/Huff, PWD/Liu explained that staff has consE nsus from all of the school's representatives. In terms of a specific plan, staff believed that by the end of this week, a timeline and cost proposal would be forthcoming. A traffic engineer has reviewed the proposed circulation plan and indicated that it is a fe siNe consideration. However, the plan should be looked at cios ly in conjunction with other channelization devices. MPT/Huff felt that currently; the situation is circulation without much organization. Because of the lack of organization, many parents are trying to drop their children off on Evergreen Springs. In sodoing, they turn down and travel on a residential street. There are prob ems with people parking in those areas and waiting for their kids to ge out of class in the afternoon. The City has had to adopt permit parkirig in the area so high school students do not park there and so that parents do not wait in the area too long. There are still a significant number of people who drop their kids off, make a U-turn on Evergreen Springs and compound the problem. From his observation, it seems that by putting in a dedicated green arrow we are facilitating circulation that does not have much organization. If the traffic could be kept on the major arterials -- Brea Canyon and Pathfinder Rd. -- then the fio is being managed in an organized manner and one that is helpful to the school, students and people trying to get through the neighborhood. He would prefer that talks with the school district get completed so that everyone is on the same page, including the me ian improvements that may prohibit illegal U-turns. It seemed to him that it would be more effective to approach this in a coherent and organized manner rather than in a piece -meal manner. He encouraged staff to look at having a signal that placed people onto school property and not where it would encourage them to go in o a residential neighborhood. Alternatively, drop off lanes could be created to keep cars moving in the same direction, much as has b en done in Walnut at the high school and Suzanne Middle School. He recommended Option 3. It may be that Council is only a meetin or two away from a plan to proceed. He understood the timeline on he existing bid. If it expired, the signals would be improved during he school year. If the City waited and went out to bid, the work could be done during the summer time without impacting traffic much more. C/O'Connor felt it would be safer to have a dedicated left turn signal since a left turn is already allowed. It seemed to her that a left turn signal light would be short enough to deter motorists from waiting in MARCH 4, 2003 PAGE 12 CITY COUNCIL the queue. Marie Buckland suggested that Council Members take themselves to the area when school lets out so they can experience the situation firsthand. Adam Grossline, 1842 Fern Hallow Dr., said that drivers come close to hitting kids using the crosswalk and he felt there should be increased enforcement: MPT/Huff said he has experienced the traffic firsthand and is very familiar with the chaos. With a left turn signal, you discourage through traffic you're trying to encourage. In his opinion, the City needs to look at mitigation for the entire area and not "band-aid" the situation. MPT/Huff moved to continue pursuing possible options until staff is prepared to present possible mitigation measures for the entire area. C/Chang reminded everyone that the subject tonight is the left turn signal from Pathfinder to Evergreen Springs and Fern Hollow. Nothing else is being discussed. The signal lights are there and there is no way to abandon those two signal lights. The current condition is without a left turn signal and a sign does not exist indicating that a left -turn cannot be made. The signal light is there and you can make a left turn whenever it is possible. The problem is his: because traffic is so heavy during traffic hours that making a left turn is causing a very, very dangerous condition for people passing by because there is no left turn signal for them to go. People make left turns anyway because they are so anxious. In February 1999, Council responded to a request from the residents to install a left turn signal. Four years later the Council has still not implemented the resolution. He was very puzzled and frustrated. He encouraged Council to respond to the wishes of the people. He could see no relationship between a left turn signal today and having a better traffic pattern. Those who want to make a left turn do so anyway but they are making a left turn under dangerous conditions. The City should give them the convenience, protect their safety and make traffic better for the community — especially since the resolution was passed four years ago. It is very, very embarrassing to him to try to justify why the City has not installed the traffic signal. C/O'Connor asked if staff had considered putting up a sign that indicates "no left -turn" during certain hours of the morning that would force the school traffic to go up to Brea Canyon to make a left turn where it would not impact the residential neighborhoods. That would be her recommendation. MARCH 4, 2003 PAGE 13 CITI COUNCIL PWD/Liu said that staff had not considered that option because that intersection not only serves the high school but the elementary school inside the neighborhood and the residential area. C/Zirbes asked when the bids expired. PWD/Liu responded that the bids opened on January 23. The Gity is required to award a contract within 90 days. Excluding ton ght's meeting, Council would have at least two more meetings to consider this matter. Staff's goal is to forward a specific recommendation to Council with respect to feasibility and resources for ph sical improvements. C/Zirbes said he lives a few blocks from the high school. His dau hter is a senior and drives to the high school. The intersection at Fern Hollow is a separate issue. As a commuter, he knows that the street is used for cut -through traffic. With respect to the intersectic n at Evergreen Springs, he agreed with C/Chang. However, he also appreciated MPT/Huff's argument that Council is very close to to king at a mutually acceptable plan for the traffic patterns. Staff is repc rting that the stakeholders look toward capital improvements that may not include a left turn signal. As a resident of the area, he did not sae a need for a left turn signal in the off-peak hours at Evergreen Springs and Pathfinder. He would be curious to see what type of recommendations the City's traffic engineer, staff, and school officials come up with. He would like to move forward as rapidly as pos ible with the improvements and would be willing to wait for all of the evidence. He seconded MPT/Huff's motion to continue the mater. AYES: COUNCIL MEMBERS - Zirbes, MPT/Huff, M/Herrra NOES: COUNCIL MEMBERS - Chang, O'Connor ABSENT: COUNCIL MEMBERS - None 8. COUNCIL SUBCOMMITTEE REPORTSICOUNCIL MEMBER COMMENTS: C/O'Connor reported that on February 20, the D.B. Community Foundation Board met. She requested that the Council recognize outgoing members Matt League, Daniel Oaxaca and Allen Wilson for their service. On February 24, the Community Coordinating Committee met and exchanged valuable information among several non-profit organizations. On February 25, COL ncil participated in the Town Hall Meeting on street sweeping. She appreciz ted hearing the residents' concerns and looked forward to staff's report. On February 26, the Chamber held its networking breakfast at the Bistro d'Or ent that recently changed ownership. She attended the Sanitation District Meeting and announced that there will be a public hearing in March totake a position on the amount of the service charge for residents. There is no increase in the service fee. On February 27, she was pleased to attend he Eagle Scout Court of Honor for Eric Waters. She was especially proudt at he worked on Peterson Park. She thanked staff and Jim Bayes for their h Ip. MARCH 4, 2003 PAGE 14 CITY COUNCIL She reported that $135,000 worth of Girl Scout cookies were delivered to the troops on Sunday. The Girl Scouts will be selling the cookies in front of local grocery stores beginning this Friday. She encouraged everyone to participate. The Girl Scouts will accept donations to send cookies to the military overseas. The Miss D.B. Pageant adopted a marine squadron of 300 and they are looking for donations including Girl Scout cookie donations. She asked that tonight's meeting be adjourned in honor of Mrs. Morales, teacher, Lorbeer Middle School, who lost her battle with cancer today. C/Chang congratulated the five new board members on their appointment to the Community Foundation. D.B. is a better place to live, work and play because of the dedication of people who are willing to serve including the Council, the members and the five individuals who were appointed this evening. He also commended the services of the Sheriff's Department and the many volunteers who dedicate their time and energy to the community. Regarding tonight's discussion about the Pathfinder intersections, the Council's job is to represent the people, make decisions, pass those decisions on to the staff and staff is supposed to implement those decisions. Many times, meetings are held and no decisions are made. Many times meetings were held and there was resolution but no action. Sad to say, we fell into that representation tonight. As a representative of the City, he did not like to see that happen too often. If the resolution was the best option for the City it should be immediately implemented. The speed hump process took one and one-half years to prove it would be a useful tool. Right after that, Council passed a resolution to place a moratorium on speed humps and wasted another year. Now, the results of this test are the same. A resolution was passed regarding the Pathfinder intersections four years ago. He reminded his fellow Council Members that when the Council discussed the situation and approved a resolution, it should have been implemented. Even if it was believed to be less than a perfect solution it is okay. Life is not perfect and the situation could be fixed. If the City does nothing, the problem remains. He believed the City should move forward. The left turn signal should have been put up four years ago. People are making left turns anyway and the lack of a signal creates more problems for the residents. Again tonight, Council responded to residents and staff said to wait and see if it was warranted. He did not want to wait, so he voted no. He hoped that this does not continue to happen again and again. C/Zirbes felt that the most interesting thing that came out of tonight's debate was not that the signals were needed, but that anyone watching this evening saw that their elected officials have different opinions and vote their hearts and consciences. Sometimes the opinion is in the majority; sometimes it is in the minority. Over the past couple of weeks, he has been busy working many hours over several weeks with C/Chang on the Neighborhood Improvement Committee. In the near future, the committee will present its draft proposal to the remainder of the Council. He continued to work on economic development talking with potential supermarkets. He thanked everyone who participated in the recent Town Hall Meeting on street 1 1 1 MARCH 4, 2003 PAGE 15 Cl sweeping. He thanked people who called and emailed him after viewi Town Hall Meeting. Many people are extremely happy with the progra others have recommendations for improvement. He looked forward to discussions on this matter at the March 18 Council Meeting. He i everyone to participate in and support the Miss D.B. Pageant on Mar Don Gravdahl recently took ill but is hopefully improving and r comfortably at home. MPT/Huff said the Council was reminded tonight that this is a bus meeting. Because the meeting is televised, people see it as a forum for special issues. People feel passionately about these issues and for va reasons it was the desire of this body to not participate in the discussior thanked M/Herrera for being the Mayor and running the meeting. En debate could take place on this issue and not come to resolution, a dE that would not help those who are stationed abroad and in harm's way one should read into the decision that Council Members are unwilling to a position. M/Herrera's son is a captain in the Navy and MPT/Huff's s in the National Guard reserves. This issue impacts them personally as as, in their roles as community leaders. Those who do feel compell( discuss this issue have forums available to them. He again thanker Mayor for keeping the meeting focused on business. M/Herrera asked staff to agendize the matter of honoring the outgoing Community Foundation members as requested by C/O'Connor. A residents who attended the February 25 Town Hall Meeting thanked Co and staff for caring enough about residents to telephone them. A participants were from among the 166 residents who had called the throughout the year. She thanked staff for their diligence in their present, and she looked forward to hearing their analysis at the March 18 mee This was a difficult meeting in that the Council is ordinarily very ape allowing the public a forum to speak. Members of the public have a rig express their feelings about certain matters. As the City Attorney explai this is a business meeting and the Council owes it to the residents of the to conduct itself in a professional manner and take care of the busines, the City. When you get into passionate arguments, it serves to disrupt process and takes away the time for conducting business. 10. ADJOURNMENT: There being no further business to cond M/Herrera adjourned the meeting at 8:45 p.m. in memory of Mrs. Mora Lorbeer Middle School teacher and Emmett Hennessee, uncle of resit Clyde Hennessee and World War 11 Veteran of the Army Air Coi grandfather and entrepreneur. Y COUNCIL g the i and irther vited h 22. sting ness their rious . He Iless bate No take )n is well !d to the any ng. to t to for the es, ent MARCH 4, 2003 PAGE 16 CITY COUNCIL TOMMYE CRIBBINS, ASSISTANT CITY CLERK ATTEST: &41� CAROL HERRERA, MAYOR