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HomeMy WebLinkAbout4/15/2003 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION APRIL 15, 2003 STUDY SESSION: M/Herrera called the Study Session to order at 5:09 p.m., in Room CC -8 of the South Coat Air Quality Management District/Government Center, 28165 E. Copley Dr. Diamond Bar, CA. Present: Council Members Chang, 'Conno and Zirbes, and Mayor Herrera. Mayor Pro Tem Huff arrived at :13 p.m. Also present were: Linda Lowry, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; Qavid Doyle, Deputy City Manager; David Liu, Public Works Direct r; Bob Rose, Community Services Director; Linda Magnuson, Finance D rector; Lynda Burgess, City Clerk; Sharon Gomez, Administrative Analyst; Lt. Joe Maxey, D.B./Walnut Sheriff; April Blakey, Public Information Manager; Fred Alamolholda, Senior Engineer and Linda Smith, Development Services Assistant. IN. Street -Sweeping Related Parking Waivers ► 2002-03 Mid -Year Budget Adjustment 1) Street Sweeping Related Parking Waivers: CM/Lowry stated that staff's report summarizes the process that could be engaged to dismiss tickets. Criteria exists that would move the process forward. Staff has highlighted the areas that are lacking in ormation and areas that require Council input. PWD/Liu explained that, in the next couple of months, staff ill be ac ding 800 signs on citywide approaches and 254 signs in specific neighborhoods. Based on 5500 citations issued to date there is an opportunity for residents to appeal those citations. Staff's report contains a list of possible scenarios for dismissal. Council asked staff to look into first-time offenders and staff needs a tool such as a computerized data based program to facilitate that process. Therefore, staff is recommending that Council authorize staff to research pons ble programs for determining such information. M/Herrera asked if staff was recommending that the City liminate irst- time offenders from the list of people that would be eligible to appe I for waivers? PWD/Liu affirmed that M/Herrera's interpretation was correct and stated that the number one complaint has been a lack of signage. 3taff believes that when residents see additional signage in their neighborhoods, the bulk of the complaints would be eliminated. Additionally, when you look at the appeal process, people do have the opportunity to share their spcific reasoning with our sheriff deputies or the hearing officer and, in them mo APRIL 15, 2003 PAGE 2 CC STUDY SESSION we provided to you tonight, there's a wide range of possibilities and we have been looking at these cases and we have been taking a common sense approach. We're not sure how many more people will benefit from this particular consideration. C/O'Connor felt that if first-time offenders were eliminated, ultimately, no tickets would be issued and the City would end up with a negative cash flow because of costs involved in the operation of the street -sweeping program. She. felt that 80-90% of citations were probably first-time offenders. C/Zirbes stated that he has never advocated dismissing first-time offenders. This program has been going for nearly a year. He felt it would be unfair to adopt a policy now to dismiss a first-time violator based upon the 5500 citations that we've already issued. Are we going to go back and dismiss all of those? He did think that the City needed to have any type of expensive database for that. That's something that staff could compile on their own with records showing that we dismissed a ticket based on a particular reason. C/O'Connor asked what staff meant by "vehicle sold" on the list of appeal process. Did it mean that the owner had sold the vehicle and the new owner had not registered it in his name? DPI/Liu explained that that was one scenario staff encountered. C/O'Connor continued by saying "It somebody appeals, these are the ones that you're going to allow off." Also isn't the CSO attempting not to ticket, for instance working contractors? So, hopefully, we won't have many appeals. You. have on the list "disabled vehicles." Part of the purpose was to not ticket disabled vehicles but are you saying, for instance, that if I have a flat tire and I'm waiting for a tow truck to come, my vehicle is "temporarily disabled?" PWD/Liu indicated that C/O'Connor was correct. Staff intended that this category covered temporarily disabled vehicles over which the owner had no control. C/O'Connor assumed the Sheriff's Department would use discretion under these conditions. She then asked about the category "government vehicles." DPI/Liu responded that the category would include postal vehicles, etc. C/O'Connor clarified that "incorrect license number" meant that the CSO or deputy had written an incorrect car license number on the citation. APRIL 95, 2003 PAGE 3 CC STUDY C/Chang believed that several visitors had received first-time off nder citations and that they complained that the City did not have enough igns to tell them. If the City puts up more signs, would that pretty much ar swer that question because of those 800 signs so therefore, we can eliminate that problem and if we wanted to give visitors a first-timew Iver, cou d we do that. DPI/Liu believed that the addition of 800 signs was a good faith eff�rt to advise residents and visitors. C/O'Connor asked how many present at this meeting lo:)k for street - sweeping signs when they visit other cities. When she visits her daughter, her daughter reminds her that she cannot park on the street. She wasn't certain the problem could be eliminated by placement of street signs. PWD/Liu said that staff believed that by putting up more signs the City is addressing the bulk of complaints. Staff has learned that there is a and - held device that accommodates a computer program to facilitate the process of looking at first-time offenders. DCM/Doyle pointed out that, in the field, the hand-held device would not function to determine whether the offender was a visitor or iesident. The device simply tracks license plates and whether that license plate has previously been issued a warning or citation. There is no "in thefield" process for providing a first-time waiver for visitors only. It j st cannt be done. C/Chang asked if the citation was written in the field, could t1je CSO me back to the City and determine whether it was written t a visit r or resident. DCM/Doyle responded yes, but then the City would have issues of dismissing the "squeaky wheels" who came in to City Hall to complain. Is the intent to waive "first-time offenders" or uphold the appeals of those who complain? Not all visitors would contest the ticket and then the C ty is faced with an equity issue. It seems as though most visitors are proably paying the ticket — very few are complaining. CM/Lowry asked how many times people pay tickets in cities where they do not reside versus paying tickets in cities wherein they reside. And did it ever occur to you to say "I'm a visitor here so I'm not going to pa the ticket?" She felt that most people would go ahead and pay the ticket. MPT/Huff indicated that he would have no problem with givin a waiv r on the appeal. CM/Lowry asked for direction on how to measure the APRIL 15, 2003 PAGE 4 CC STUDY SESSION M/Herrera pointed out that during PWD/Liu's presentation, he said that staff is not equipped to ascertain first-time offenders. The list of categories for appeal eligibility does not include "first-time offenders even though it was on an earlier list." MPT/Huff said that he recalled "first-time offenders" was on the Council's list of intents and felt it should still be on the list. He felt it should be "a" reason for considering a waiver. C/O'Connor reiterated her concern about the high percentage of citations issued to first-time offenders (approximately 89%) and that it would significantly reduce the amount of revenue generated that ultimately went to pay the cost of the street -sweeping program. MPT/Huff felt that most people would pay for their citation rather than appeal the matter. C/O'Connor understood MPT/Huff to say that if we get the technology to determine first-time offenders, then citations would not be issued. MPT/Huff understood that not having the technology is not a reason to disallow the appeal process, which is backward thinking. The last time Council discussed this matter, we agreed that the first-time offender should be allowed the appeal process. C/O'Connor said she did not agree with not ticketing first-time offenders. M/Herrera recalled that, at the last meeting, Council included first-time offenders in the group that would be allowed to appeal. MPT/Huff respectfully recalled that staff did not have the technology to determine first-time offenders and Council decided that it could be taken care of through the appeal process. Now it's been turned around, because we didn't have the technology, the appeal process was not retained on the list but it always was going to be on the list to eventually get the technology. M/Herrera recalled that Council authorized staff to purchase the technology pending the information that they found out about it. MPT/Huff recalled likewise. C/O'Connor did not recall that Council agreed to not ticket first-time offenders. DCM/Doyle recalled that at least two Council Members — perhaps four, were not in favor of first-time waivers for first-time citations, they were in favor of allowing people on the list to get their first ticket waived. That was APRIL 15, 2003 PAGE 5 CC STUDY ESSIO not what he took away from the last study session. At the beginning of PWD/Liu's presentation, a couple of the Council Members spoke about the first-time waiver issue. What DCM/Doyle said that he urderstood from two of the four Council Members that they were looking at a first time waiver for the specifically listed categories, not a first -ti a waivr for everybody who was issued a ticket. M/Herrera said her understanding of the list was that thoseeople wl o fell under those categories would have an exemption. DCM/Doyle said that staff was originally headedin th directi n of providing first-time waiver appeals for service providers, ut appa ently misunderstood Council's direction at the March 18th meetina MPT/Huff saw a distinction between a resident who's had all the warnings and staff and gets a ticket as opposed to someone visiting a resideni who forgot to wam him/her or did not see the signs. M/Herrera added "...or the resident wasn't home to wam the visitor." C/O'Connor said she could see the waiver applying to a new resident But if a resident leaves his car on the street and gets a first ticket, that should not be dismissed. MPT/Huff agreed. C/O'Connor said that that is what the appeal process is for. But she did not want the CSO to come to her car and plug it into this a ectronic hing and determine that because she had not previously receiveJ a tickel that she would not get one. She felt she should get a ticket aid she would have the appeal process to offer an explanation. That would help new homeowners moving in. She asked if everyone was on t e same age that not all first-time offenders would automatically be waved and that they would have to use the appeal process. She felt the CS and Sheriff's Department are using their discretion on what's good or bad. M/Herrera asked for clarification on the out-of-town visitors. C/Chang thought that, based on Council's prior discussion, if technology could determine the vehicle to be a non-resident's vehicles, the City would issue a warning. At the same time, new residents would also be given a warning. Any others would need to make an appeal. 85-90% o the people in town are previously aware of the problem so we I don't ha*e to worry too much about the residents, we have to worry abo t the se ice providers and the visitors. I think technology might help us. APRIL 15, 2003 PAGE 6 CC STUDY SESSION DCM/Doyle reiterated that a hand-held device is unable to make that determination. The only way that could be done would be for each CSO to enter into the MDT, the license plate number and verify the license check. Staff does not have the time to do that. We can barely keep up with the sweeper at this time. C/O'Connor suggested that "new residents" and "out-of-town visitors" be added to the list of appealable dismissals. M/Herrera agreed that that would work. C/Zirbes said that CSOs could almost maintain a "shoe -box" record of those offenders so that if someone repeat offends they could be cited. DCM/Doyle said that, without knowing what process is in place right now, C/Zirbes' suggestion could be workable. MPT/Huff was confused because if, for example, the repeat offender were a visiting nurse, he would expect that person would be able to park there every week and not get a ticket every week. M/Herrera said there could be some neighborhoods where that scenario would be very difficult. What if residents have a daily visiting nurse and what if it is a different visiting nurse on certain days? MPT/Huff felt the program should be reviewed after a while to determine whether there are chronic offenders and what should be done about it. C/Chang felt that repeat offenders could be handled through the appeal process. M/Herrera said that when this matter was first discussed, Council agreed that a good portion of the problems could be taken care of during the appeal process. CM/Lowry summarized: It is no longer a consideration that everyone who gets a first ticket gets just a warning. Council concurred. CM/Lowry continued: Only these categories of people on this list with the new resident and the visitor out-of-town will be considered for dismissal of the ticket. Unless the CSO has identified the person as a service provider and does not issue a ticket. DCM/Doyle asked for clarification. There are one -timers and those who visit sites once every two weeks. Where do we draw the line? Does the gardener who visits the site every two weeks get his citation waived? 1 1 APRIL 15, 2003 PAGE 7 CC STUDY CM/Lowry stated that common sense dictates that the c clean up the street and gutter or that he would not be retain M/Herrera said that Council discussed service providers plumbers, cable, the gas company, etc. and she did not se on the list. — Val ui any of hose DCM/DeStefano said that those providers could be in luded in the "working contractor's category" where it is obvious they re working at those specific addresses. MPT/Huff felt that in the case of service providers regularl visiting iter, the City needs to let the homeowner know that they have to swee the street. C/O'Connor said that there were home-based busines0es that) had commercial vehicles parked in the street. Those people sho Id be citod. CA/Jenkins explained that the list should be divided into three lists one list for a list of first-time only to get waived, people from Out of town and new residents. They get one freebie and then get ticketed from then on. The second category is obvious providers who do not have to go through the appeal because presumably, they would not be given a ticket i the first place — we don't want the postman to be appealing every week, the Adelphia person, the gardener is working, the moving van iE being loaded or unloaded --the ticket will be dismissed because they were there working. The third category is one the Council seems to be struggling with the ost which involves people who are not so obvious because they are driv ng a standard vehicle, such as the visiting nurse or the social worker. The issue is, if it's a one-time visit, the Council appears to concur that they can appeal and get their citation dismissed. The hard question appears o be the person who comes on a regular basis and they know that the City has a street -sweeping program in place but feel that they have a permanent exemption because of what they do. That is the one category about which he is unclear. DCM/Doyle pointed out that third category people might noi actually park in front of the house of the person for whom they are working. The neighbor parks on the street and gets a citation. It will happen. C/O'Connor felt that person should have to keep going throug the appeals process unless and until she could prove that she w s in the area for work. CA/Jenkins pointed out that the person might become so di courag d by having to go through the process that he/she would figure ut a different place to park and the problem would be solved. APRIL 15, 2003 PAGE 8 CC STUDY SESSION CM/Lowry said it seemed to her that person would have become a household member by virtue of having to be there every day. C/Chang suggested the program not specify the number of freebies the system would accommodate. It should be left to the discretion of the officers. PUBLIC COMMENTS: Clyde Hennessee wondered if a nurse and other similar regular service workers could place a sign on his/her dashboard indicating their name so that the officers would be aware the vehicle was allowed to be in the area. Most other service workers are obvious because of their equipment. 1) 2002-03 Mid -Year Budget Adjustment: CM/Lowry stated that due to state budget shortfalls, staff has anticipated a shortage of normal funds for next year's budget. As a result, staff is looking to close out this year's budget with a different point of view and in greater detail. Staff needs further information about Council's intent for postponement or deferment of certain projects in order to establish an adjustment amount. In meeting with the Finance Committee, staff asked the members if they wanted staff to live within a conservative estimate of, perhaps, a $2 million dollar shortage of VLF and shrink the General Fund budget, including Transfers Out, accordingly? Alternatively, would Council prefer that staff look at spending a normal budget but dipping into fund balances in order to fund projects the Council has already included in its goals and objectives for which work has already begun. The Finance Committee responded that it did not want the fund balance (reserves) touched. Therefore, staff could begin to immediately defer items through a mid -year adjustment. If that were the direction Council chose, staff would like to receive input regarding the capital improvement spreadsheet items. Consideration of these items would result in a $718,000 reduction in Capitol Improvement expenditures out of this year's budget that would most likely have been carried over into next year's budget Purchase orders have not yet been cut on these items. Therefore, the City is under no obligation to move forward. Portions of certain items would affect the general funds and portions of certain items would affect other funds. Department heads reviewing their operating budgets have set forth savings they can make inside their budgets within the General Fund. These budget savings amount to $940,000. Some of these budget items include deferring items. Other cuts involve monies that were never spent. For instance, during a year when the City has no litigation and unusual legal expense or exposures, that item could come in well within or under the budgeted amount. She recommended the Council first look at Capital Improvement projects, the largest impact on operations and how the next year's budget is approached. She pointed everyone to Agenda Item 6.9, APRIL 15, 2003 PAGE 9 CC STUDY the first General Fund Budget Page without a page number on it, 5 column; staff has created amendments to what has been budgeted today, Amendments reduce General Fund Revenues by $900,000 and the appropriations by $6.6 million, $5.6 million of that is the Transfers In to the Capital Improvement Funds so the real impact of our operations ill the General Fund would be about $950,000. She suggested dis ussion of the Capital Improvement Projects because that would have the argest impact on future planning. Out of all departments, only 3 would req jire increased appropriations: 1) Volunteer Patrol - $700, 2) Animal Control - $7,50C and 3) General Government for $12,400 because we underestimated our unemployment claims expense. FD/Magnuson explained that money that is not spent in a pior year into the fund balance reserves and comes back out. PWD/Liu reported on the current status and expenditures for the - Prospector's Rd., Grand Ave. and Area #5 Slurry Seal projec s. CM/Lowry said that in making these recommendations, s# ff tried to be aware of the community's expectations from the City a d where the community would hold the Council and staff accountabl . Does the Council want to view the risk in a two-year window missing ($3-4,000,000) or view the risk (on a $10,000,000 shortfall) over a five-year period. That would not affect the way in which the City looks at changinc its operation and the manner in which the City continues to put items on he goals and objectives. MPT/Huff felt that from all reports, the City would take a 2-3 year hit. He felt that planning for a two-year hit would be a good way to approa h it and continue monitoring the situation. He felt that a five-year period would be very -onerous and 'it would also be difficult to sit on theCity's reserves while streets are decaying. He believed that maintenance items should be given the highest priority because of the trickle-down effect. He VVould rather defer the new projects than the maintenance projects and hope that not too much would have to be deferred. CM/Lowry said staff wants to improve disclosure so the understands the new, real totals. M/Herrera said that would be good because if the budget sows $2,000,000 left at the end of the year, it indicates $2,000,000 in unencumbered money and that is not correct. CM/Lowry explained that as staff becomes more prudent because revenues are less certain and our accountability becomes tighter and tighter, that automatic leftover of $1-2,000,000 will be there because our estimating skills will have improved. APRIL 15, 2003 PAGE 10 CC STUDY SESSION M/Herrera said that the City has been in the habit of underestimating revenues and overestimating expenditures. CM/Lowry explained that when she first worked in government in another state, if municipalities overestimated expenditures and therefore taxed the people more than necessary, the state would void the city's property tax levy. The level of the Finance Director expertise was somewhat measured by how accurately the carryover was estimated. If it was not estimated accurately, you had just done the agency a huge disservice. She was also concerned about a scarcity mentality" taking over because it would result in Council pushing itself into a corner where discretion becomes almost a blade at the throat. One moment you cannot afford it because it is not a desirable way to spend money but the next moment it's something you deem desirable and all of the sudden the money is available. Creating a scarcity scenario as a justification for not doing things in the city is a very sharp sword if placed between you and your constituents. She encouraged Council to continue being fiscally conservative without playing the scare tactic to justify making large changes. M/Herrera asked whether the revenues have materialized to pay for the expenditures that PWD/Liu just addressed. PWD/Liu stated that with respect to the traffic management safety projects, the City has been successful in utilizing Prop C money over the past couple of years. Included in the list of projects is the D.B.H.S. traffic signal in accordance with Council's direction at it's last meeting. PWD/Liu confirmed to C/O'Connor that the only traffic management project staff proposes to delay is Brea Canyon Cutoff at the southbound SR 57. This is a state owned on/off ramp location. However, CalTrans does not have the resources to move forward with this project at this time. C/Zirbes asked about the left-hand turn at Pathfinder and Evergreen Springs --you have that budgeted from $130,000 up to $156,000. In the study session, we talked about postponing that signal. PWD/Liu explained that staff is aware of the postponement but we thought that, for your consideration at the time of construction award, is that we will list that intersection as an optional 5t' item. M/Herrera asked if the $1.498 million revenues were currently deposited in the accounts to pay for the four items. APRIL 15, 2003 PAGE 11 CC STUDY SESSION FD/Magnuson stated yes and explained that, in the case qf Prop C., for many years, the City has stockpiled money there and have fairly d cent balance available to fund these projects. CSD/Rose explained the Sycamore Canyon Park ADA retrofit p oject which has been divided into two more phases. Staff is preparir g to construct Phase 11. Plans and specs are ready to go out to biJ for Pha 3e II. Additionally, design of Phase III is underway. The amended amount of $262,450 represents construction for Phase II, previous design wok for Phase II and Phase III work. Phase III construction would be a part of next year's fiscal budget request. The $262,450 consists of S50,000 from general fund, $50,000 from Prop 12 and the remainder from DBG fu ids. CSD/Rose stated that the plans and specs for the two picilic shelters at Pantera Park are ready to go out to bid. The amount for this project was originally budgeted at $72,600 in general fund dollars. This entire bLidget was revised and moved to Prop 12 money so that no general fund monies would be tapped for this project. This project will likely b presentd to Council for consideration at its first or second May meeting. 1 7 CSD/Rose reported that the Starshine Park retrofit desigr project s all CDBG money. The conceptual design is completed and a neighbor ood meeting is planned for mid-May. A determination about construction money sources will take place after the neighborhood meeting. It is anticipated that no general funds would be used to complete this prof ct. CSD/Rose indicated that the Sycamore Canyon Trail Head Improve ent design and construction document required an additional amount of $6,500 to complete a significant amount of survey work. $ 1,500 to this project is all General Fund money. The City was award a $118,000 Land and Water Conservation Act grant toward construction and construction documents for this project. This project will be included as a CIP request for the next fiscal year. $118,000 probably represents bout half of the total amount for completion. CSD/Rose explained that the Skate Park improvements were carriedl over from the previous years and was used for purchase and ins allationf the drinking fountain at the Skate Park in 2002. CM/Lowry said she detected not a lot of resistance to the po tponem nt of some of these projects. She did detect, however, that the Council ight wish to move forward with the slurry seal project. Does Council want to leave it in this year's budget and proceed as normal or reconsider it ii -the next fiscal year budget? MPT/Huff would prefer to proceed with the slurry seal roject.ther Council Members concurred. t' APRIL 15, 2003 PAGE 12 CC STUDY SESSION C/O'Connor felt that the Grand Avenue project was more an accommodation than a necessity. PWD/Liu concurred. M/Herrera confirmed to CM/Lowry that the Council felt it was important to move forward with the slurry seal project. Council concurred to discuss the balance of the projected budget reductions during the regular Council meeting. PUBLIC COMMENTS: Clyde Hennesee stated that he understood that Sunset Crossing Rd. was going to be redone several years ago. M/Herrera - Staff will look into the matter. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Study Session at 6:30 p.m. to the Regular City Council meeting. 6 �rG}� LY DA BURGESS, City Clerk ATTEST: dte� k1hu— CAROL HERRERA, Mayor 1 f7 i MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 15, 2003 CLOSED SESSION: None STUDY SESSION: M/Herrera called the Stu y Sess order at 5:09 p.m. in Room CC -8 of the South Coast Air Quali Manag District/Government Center, 21865 E. Copley Dr., Diamond Bar, CA. to Present: Council Members Chang, 9'Connorl and Zirbes, and Mayor Herrera. Mayor Pro Tem Huff arrived at 5113 p.m. Also present were: Linda Lowry, City Manager; Mike Jenkins, I City Attorney; James DeStefano, Deputy City Manager; David Doyi , DepuN City Manager; David Liu, Public Works Director; Bob Rose, Commi Director; Linda Magnuson, Finance Director; Lynda Burges Sharon Gomez, Administrative Analyst; Joe Maxey, Lt., D.B.N April Blakey, Public Information Manager; Fred Alamolhold Smith, Development Services Assistant. ► Street -Sweeping Related Parking Waivers ► 2002-03 Mid -Year Budget Adjustment ADJOURN STUDY SESSION: M/Herrera adjourned the 6:30 p.m. ity S City and rk; at CALL TO ORDER: M/Herrera called the Regular City Co ncil meeting to order at 6:42 p.m. in the South Coast Air Quality Management District /Government Center Auditorium, 21865 E. Copley Dr., Diamond Bar, CA. CM/Lowry reported that during tonight's Study Session, Council revi wed matters related to discussion held during the last City Council me ting regarding parking citation waivers. Staff presented a list of cri teria carr ntly used by the City to dismiss a citation and asked Council for ac ditional i iput. Council reviewed additional information regarding the availabiltly of hanc held devices that would allow Community Services Officers to dete mine whether a citation had previously been issued and whether the vehiclE owner was a resident or visitor. Staff received sufficient input from the Council to esta lish criteria for the dismissal of citations and to rely on the appeal process. In addition, Community Services Officers should continue to use discretion when service providers and other service vehicles are parked in thew y of the street sweeper. The criteria will be presented to the Council at a fL tore meeting to receive and file. ' CM/Lowry further reported that the City Council reviewed wi h staff blush review of this year's budget. Staff presented options for improvement items that, under ordinary circumstances, would have b, first let APRIL 15, 2003 PAGE 2 CITY COUNCIL and carried over as encumbrances into fiscal year 2003/04. Because the City anticipates revenue changes due to the State implementing a different approach to distribution of vehicle license fees, staff felt it prudent to check with Council to determine whether they wished to defer or postpone certain items. Council directed staff to. move forward with maintenance items that would preserve the City's infrastructure. Discretionary items will be held in abeyance until staff has completed a final review of the budget recommendations for 2003/04. PLEDGE OF ALLEGIANCE: Jr. Girl Scout Troop 237 presented The Colors. INVOCATION: The Invocation was given by Mike Malatka, Youth Minister, Diamond Canyon Christian Church. ROLL CALL: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem Huff, and Mayor Herrera. 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 stated that items 1.3, Presentation of Certificate Plaque to Diamond Ranch High School, awarded "Califomia Distinguished School," would be presented at a future City Council meeting. At the request of the applicant, Agenda Item 7.1, Extended Stay American Retail/Commercial Development Project Review, would be continued to the meeting of May 6, 2003. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaimed April 2003 as "National Poetry Month." 1.2. Proclaimed April 30, 2003 as "EI Dia de los Ninos." 1.3 Presentation of Certificate Plaque to Diamond Ranch High School, awarded "California Distinguished School" – continued to May 6, 2003. 1.4 Presented Certificate Plaque to the Diamond Bar Chamber of Commerce on their 20th Anniversary and displayed video regarding the Chamber. APRIL 15, 2003 PAGE 3 i CITE' COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: i ! CM/Lowry -reported that the design work for the Sycamore Canyon lands) de repait and slope improvement had been completed. The balance of the construction cost will be presented to the Council in the budget proposal or fiscal year 03104. During the past few weeks, planting commenced on thE Pulte Homes slopes. Staff scheduled a meeting tomorrow with Pulte officials to review the planting schedule/landscape mitigation as well as, the drainage work to be done as previously discussed during past Council meetings. PWD/Liu reported that the long-awaited SR57/60 interchange mproven ients project (HOV connector project) is imminent. CalTrans recently enga ed a contractor for its construction. He introduced CalTrans offici Is who s oke about the impending project. Victor Deldavinos, Senior Resident Engineer in charge of c nstructio for CalTrans, spoke regarding future construction of the High OCCL pancy Vehicle (HOV) Lane carpool connector from the northbound SR 57 to he eastbound SR60 freeways. The $56,000,000 construction project was av farded to C.C. Meyers Construction of Sacramento. The project is expected to comm ance mid -to late May this year and continue for approximately 4 y ars. Responding to C/O'Connor, Mr. Deldavinos explained that the collector road is projected to begin at the Grand Ave. westbound on-ramp and continue westbound running parallel to the SR 60 over Brea Canyor and tie in at about Lemon Ave. on the SR 60. In response to C/Chang, Mr. Deldavinos confirmed that moto fists woulnot have to cross the main line of traffic to get onto the westbound SR 60. !` C/Chang felt that this project would eliminate a lot of risky Occidents-1 He asked what type of impact the construction would present to P.B. resients and what type of mitigation is planned to avoid the impact. Mr. Deldavinos said that the primary impact would be due t, amount of construction equipment in the median of the SR 57 will be re -striped in order to allow access to the median and of the freeway. The reconstruction includes the building of sound walls and accordingly, there will be clearing and grul generate some noise. CalTrans is required to mitigate the allowing loud construction during evening hours. The major noise will be during the daytime hours from 7:00 a.m. to 3:30 he did not expect the contractor to be working during moi CalTrans has a traffic management plan that encompass outreach. CalTrans will place signs announcing closures thro of the job and conduct an outreach program with advance no regarding upcoming closures. a signif cant nd 60. Lines 'utside edges retaining and gybing tha will noise b not generation of a.m. Fu her, t weeke ds. 3s a for of mhout th life APRIL 15, 2003 PAGE 4 CITY COUNCIL C/Zirbes asked how the HOV lane from the north SR 57 would connect to the eastbound SR 60. Mr. Deldavinos responded that the "fly -over" connector would begin just north of Pathfinder and proceed over the SR 60 connector and come back down into the SR 60. C/Zirbes expressed concern that the "fly -over might seem like a "Mr. Toad's Wild Ride." Mr. Deldavinos said that initially, he had the same concern. When he looked at the plans, he could see that because the northbound SR 57 has a downgrade in that area, the "fly -over" would remain at an elevation similar to where the northbound SR 57 begins its decline. C/Zirbes asked if CalTrans planned to add additional northbound lanes to the SR 57 as it ties into the eastbound SR 60 to prevent further bottleneck. Mr. Deldavinos said he would have to get back to C/Zirbes on that issue. CalTrans is widening the area where the northbound SR 57 meets the SR 60 in order to accommodate an abutment but he was not certain that traffic lanes would be added. C/Zirbes said it would be really good to add another lane during construction to keep vehicles on the freeway and off of D.B. streets. Mr. Deldavinos noted C/Zirbes' comments. M/Herrera asked if any of the freeway closures would take place during peak traffic hours and when CalTrans anticipates completion of the project, to which Mr. Deldavinos stated that in accordance with the state's directive, CalTrans is not allowed to have any daytime closures during peak hours. In addition, there will be no closures during designated holidays including the day before and the day following the holidays. He anticipated completion of the project in 2007. Debra Harris, CalTrans, explained the company's plans for public awareness during this project. CalTrans plans to meet with local area businesses in cooperation with the D.B. Chamber of Commerce on Wednesday, May 7 from 4:30 to 6:30 p.m. at the SCAQMD/Government Center. CalTrans is working on a dedicated Website with maps, fact sheets, schedules and project updates. CalTrans is compiling an email listing of local businesses and interested parties that are interested in receiving updates and news releases about the project. CalTrans will have a dedicated telephone number for callers to receive routinely updated information including lane closure information. Members of the public will be able to leave messages and receive a callback from CalTrans. News releases will be forwarded to local media outlets. CalTrans will also look for additional opportunities to promote the project. CalTrans would like to have a presentation on the local cable station and will also be available to speak at local group meetings such as 1 H- APRIL 15, 2003 PAGE 5 CITIi COUNCIL Kiwanis and Lions. Project information displays will be pla�ed at several locations throughout the community. CalTrans will extend its cutreach to the Automobile Club and California Trucking Association. Mid -May, Call rans plans a groundbreaking ceremony that will be open to the public. Call rans would like the opportunity to update the City and its Council during future meetings. M/Herrera assured Ms. Harris that the Council and residents ould wel ome periodic updates. She asked Ms. Harris to keep staff -udated o the progress of the project. C/O'Connor invited CalTrans to participate in the City's birthda party on April 27 and have an information booth as a prelude to getting informationut to the public. 3. PUBLIC COMMENTS: Leticia Pacillas, Com unity Sei Representative, L. A. County Fire Department, and Deputy Fire Chief Nieto invited Council and residents to participate in the Fire Departm Wildland Fire Safety Awareness Community Meeting on April 17, 2003 6:30 to 8:30 p.m. at Fire Station 118, 17056 Gale Avenue, Ci y of lndL Aziz Amiri, representing the Chamber of Commerce, spoke at -out the recent AYSO tournament held in D.B. Ten sites accommodated 168 teams from throughout the state. He acknowledged residents who helped make the tournament a success. Jeff Koontz; Executive Director, Chamber of Comme everyone to attend the May 7 CalTrans presentation rE improvements. Clyde Hennessee asked about the status of construction of Jack Tanaka reported that the members of the D.B. Breakfe prepared 7200 eggs for their 20th annual Easter Egg Hunt co. the City of D.B. to be held Saturday, April 19, 2003 at 10:00 a.i breakfast will be held at Pantera Park beginning at 8:30 a.m. 4. RESPONSE TO PUBLIC COMMENT: encour gea ding freeway e new li rary. st Lions Club sponsored by n. A Dancake CM/Lowry responded to Clyde Hennessee that the City has not born wed money for purposes of constructing a library. The City did, however, si t aside funds in the current year for the successful completion of an applic ation to obtain state bond money to construct a library. The loan being discu 3sed is, in fact, the certificates of participation that the City sold for $13,00 ,000 to finance construction of the Community/Senior Center. As a resul , the previously budgeted General Fund transfer of $5.6 million dollars was eliminated. APRIL 15, 2003 PAGE 6 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 COMMUNITY FOUNDATION MEETING — April 17, 2003 — 7:00 p.m., CC -8, SCAQMD/Government Center, 21865 E. Copley Dr. 5.2 ANNUAL EASTER EGG HUNT AND PANCAKE BREAKFAST - April 19, 2003 - 8:30 -11:00 a.m. (Easter Egg Hunt at 10:00 a.m.), Pantera Park, 738 Pantera Dr. 5.3 PLANNING COMMISSION MEETING —April 22,2003-7:00 p.m., SCAQMD/Government Center Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL AND PARKS RECREATION COMMISSION JOINT MEETING -- April 24, 2003 — 5:00 to 7:00 p.m., SCAQMD/Government Center, Room CC -8, 21865 E. Copley Dr. 5.5 PARKS AND RECREATION COMMISSION MEETING — April 24, 2003 — 7:00 p.m., Hearing Board Room, SCAQMD/Government Center, 21865 E. Copley Dr. 5.6 CHAMBER OF COMMERCE "CASINO NIGHT" - April 26, 2003 — 6:00 to 10:30 p.m., Pantera Park, 738 Pantera Dr. 5.7 CITY OF DIAMOND BAR 14TH BIRTHDAY CELEBRATION —April 27, 2003 —12:00 noon to 6:00 p.m., Pantera Park, 738 Pantera Dr. 5.8 PUBLIC SAFETY COMMITTEE MEETING - May 5, 2003 - 7:00 p.m., DB/Walnut Sheriff Station. 5.9 CITY COUNCIL MEETING — May 6, 2003 — 6:30 p.m., Auditorium, SCAQMD/Government Center, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by Zirbes, seconded by MPT/Huff to approve the Consent Calendar, with the exception of Item No. 6.9. Motion carried by the following Roll Call vote with C/O'Connor voting NO on Items 6.6 and 6.8. AYES: COUNCIL MEMBERS - Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Study Session of April 1, 2003—As submitted. 6.1.2 Regular Meeting of April 1, 2003 — As submitted. APRIL 15, 2003 PAGE 7 CITY COUNCIL 6.2 RECEIVED AND FILED PARKS AND RECREATION 6OMMIS ION MINUTES — Regular Meeting of February 27, 2003. 6.3 APPROVED WARRANT REGISTERS - dated April 3 and Apr 1 10, 2003 totaling $532,867.89. 6.4 REJECTED CLAIM - Filed by Georgia Helmuth on M rch 14, 2 03. 6.5 AUTHORIZED INCREASE OF $45,000 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MONTANA TESTING & GEOLOGICAL LABORATORIES (MTGL) FOR SPE !AL INSPECTION SERVICES AT THE COMMUNITY/SENIOR CENTER FOR A TOTAL CONTRACT COST NOT-TO-EXCEEP $60,00% 6.6 REJECTED ALL BIDS FOR THE LEFT -TU N SIGNAL IMPROVEMENT PROJECT AT THE INTERSECTIONS OF PATHFINDER RD./FERN HOLLOW DR. AND PATHFINDER RD./EVERGREEN SPRINGS DR. 6.7 AWARDED CONTRACT IN THE AMOUNT OF 1$49,6321 TO BONTERRA CONSULTING TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR PROPOSED VESTING TENT NTIVE TRACT MAP NO. 53670 (HORIZON PACIFIC/J.ERRY YEH)LOCATED AT THE TERMINUS OF ALAMO HEIGHTS DRIVE. 6.8 AWARDED CONTRACT FOR DESIGN SERVICES FOR THE TRAFFIC SIGNAL IMPROVEMENT PROJECT AT TH WESTERLY ENTRANCE OF DIAMOND BAR HIGH SCHOOL LOCATED AT 21400 PATHFINDER ROAD TO ADVANCE APP IED ENGINEERING, INC. IN THE AMOUNT OF $14,766 AND AUTHORIZED A CONTINGENCY AMOUNT OF $33000 FOR CHANGE ORDERS TO BE APPROVED BY THE CRY MANER FOR A TOTAL AUTHORIZATION AMOUNT OF $17,766. 7. PUBLIC HEARINGS: 7.1 CONTINUED PUBLIC HEARING - REVIEW OF EXT NDED TAY AMERICA RETAIUCOMMERCIAL DEVELOPMEN PROJECT REVIEW — A REQUEST FOR APPROVAL OF MITIG TED NEGATIVE DECLARATION NO, 2002-07, GENERAL LAN AMENDMENT NO. 2002-01, ZONE CHANGE O. 200 -01, SPECIFIC PLAN NO. 2002-01, DEVELOPMENT REVI W NO. 002- 07, CONDITIONAL USE PERMIT NO. 2002-05, AND TEN TA IVE PARCEL MAP NO. 26771; FOR PROPERTY LOCATED AT 850 BREA CANYON ROAD (APN 8719-013-010) (Walnut Valley T ailer Park Property). Continued from April 1, 2003. APRIL 15, 2003 PAGE 8 CITY COUNCIL In response to M/Herrera, CA/Jenkins stated that the Public Hearing, opened on April 1, 2003, was still open. Zina Munoz objected to the proposed project. She lives in a condominium community very near the proposed project and felt that the view of the rear of a three-story hotel and other commercial buildings would not be pleasing for the residents in her neighborhood. At the request of the applicant, the matter was continued to May 6, 2003. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.9 FISCAL YEAR 2002-03 MID -YEAR BUDGET AMENDMENT. CM/Lowry reported that staff recommends delay or reconsideration in the upcoming budget of the following projects listed in the capital "improvement program. 1) Delay of Prospectors Rd./Sunset Crossing to Golden Spring Improvement; 2) Delay of Slurry Seal Improvement Area No. 5; 3) Delay in the Brea Canyon Cut-off to the On/Off ramp and 4) Delay Sycamore Canyon Park ADA Retrofit Improvements. Council directed staff to add back in the $400,000 for the slurry seal in order to not damage the ongoing maintenance program the City has in place for its streets to maintain the quality of its infrastructure. The aforementioned results in discussion of removal of $318,767 worth of construction improvement projects from the current budget. In addition, staff presented an estimate of $904,000 loss in General Fund revenues. The items are outlined in the spreadsheet provided to Council and include a decrease in property taxes and a decrease in permit fees. Staff also outlined a decrease in appropriations in the general fund of $6.6 million, $5.7 being an allocation of funds to be transferred out into the capital improvement area. CM/Lowry reviewed the proposed budget cut items found on Page 5 of the report. In response to C/O'Connor, CSD/Rose stated that the intent of the Youth Master Plan was to conduct a professional study/survey with the cooperation of the schools. The study would include anecdotal surveys with students needed to develop base information about youth activities in the community as well as develop an inventory of items that could be added to the palate of activities. The RFP process was completed and a recommended vendor was selected. The budget allocation was $50,000 and the proposed cost is approximately $87,000. If a contract was awarded, the document should be completed within 10 months. C/O'Connor commented that the City is in the process of building a beautiful Community Center that would include a dedicated senior APRIL 15, 2003 PAGE .9 CITY COUNCIL i area. She would like the City to proceed with the Youth Master Plan so that they could be included in the Center. She sugg sted that the $50,000 not be deleted but rather, complete the plan and have it available when the Community/Senior Center opens. MPT/Huff thanked staff for their thoughtful following through n a difficult task. Council adopted its budget in good faith a ticipatin that the revenues would be forthcoming. Budget changes will be forthcoming. During tonight's study session, the Cou cil discu 3sed not cutting back on maintenance items that would ultimatel be delayed and more costly in the future. He felt that a outh Mi ister Plan could be created in-house and with the assistance of the F arks and Recreation Commission using examples of plans implemented by other cities. A good portion of the Youth Master -Plan is a matt r of codifying current activities and coming up with activitie that cou d be incorporated. He would like to see it included in next ear's budget once the actual budget figures were determined. C/Zirbes agreed with C/O'Connor that with the new Co munity/S nior Center coming on-line, there are a lot of things this community should be doing for the youth and did not want this item removed from the current fiscal year budget. C/Chang wanted the Youth Master Plan budget item retained. The City has never provided a complete program for its youth. He also believed that with the completion of the Comm unity/Se nior Cen er, it would be a great place to provide certain youth services. For instance, young people need a place to complete their t omework and take advantage of computer services. He felt that it wa the right time to move forward. The City still has a good general fun J reserve and there is an obvious need for additional services for the youth. M/Herrera felt that the City needed to live within its mea s and di not agree that funding should be provided for a Youth Mas er Plan a this time. She felt it would be best to wait and see what the 3tate provided D.B. in terms of financing before proceeding with non -essentials. She favored coming up with other ways to determine what youth acti ities should be provided by the City rather than paying someone $5(,000 to tell the City what it should be doing. She suggested looking E t the City of Claremont's plan and forming youth committees to assiE t the City in the development of a plan. The Council could po ibly brainstorm this matter during the joint study session ith the arks and Recreation Commission. CIO Connor moved to restore the budget amount for the Youth Mi aster Plan and increase the amount to $87,000. Motion seconds by C/Zirbes. Motion carried by the following Roll Call vote: APRIL 15, 2003 PAGE 10 CITY COUNCIL AYES: COUNCIL MEMBERS - Chang, O'Connor, Zirbes NOES: COUNCIL MEMBERS - MPT/Huff, M/Herrera ABSENT: COUNCIL MEMBERS - None There was Council concurrence that the balance of the tagged items should be eliminated from the current budget. C/O'Connor suggested the Council send a letter to the Diamond Bar Community Foundation seeking assistance in the funding of the Youth Master Pian. M/Herrera agreed that C/O'Connor's suggestion was excellent and asked staff to prepare the letter. CM/Lowry stated for the record that not only was CSD/Rose given back his $50,000 but an additional $37,000 as a result of actions at the dais and that the City Manager did not treat him differently from all other department heads. 8. COUNCIL CONSIDERATION: 8.1 a) ADOPT RESOLUTION NO. 2003-16: AMENDING RESOLUTION NO. 1996-41C, AMENDING THE PARKING PENALTY SCHEDULE AND LATE PAYMENT FEES. CM/Lowry reported that when the program was implemented, costs included a vehicle ($20,000), a CSO ($30,000), signage ($90,000 increased to $190,000) and an increase in sweeping that was absorbed within the budget appropriation. The question remains whether Council was comfortable absorbing the costs because of the public benefit for decreasing liability on the storm water issue. At the direction of Council, staff could prepare detailed information as part of the consideration for reducing the fees. When staff became confused about whether first-time violations would be forgiven, estimates of revenue also became confused. In order to create a paradigm of reliable cost numbers, it became an issue of including a table with the number that would not change, the service cost to track the citations through the contractor. M/Herrera felt it would be an important part of the analysis and that she would be more comfortable deliberating this matter with all available data. C/O'Connor believed the overall consideration for reducing the fine was a result of complaints from residents about the onerous amount. Council intended to make it a break-even situation. With the rough numbers it appears the City would still APRIL 15, 2003 PAGE 11 CITY COUNCIL have enough money generated to cover the program. ign installation is a one-time cost. She did feel, Oowever, that Council should have the numbers to make certai that the $30 fee maintained the program. C/Chang felt that income was not the purpose f the po icy. The intent was to maintain a satisfactory street sweeping program without burdening the residents. He believed that once the additional signs were installed, city ion numbers would decrease. Certainly, Council does not want to be i the position of supplementing this program, but in order to mE ke a good policy and bring a better quality of life to everyone it is necessary to spend the money for the program. $30 is a mall penalty for those who do not follow the cede.a hoped the City would not have to spend too much money uppleme iting implementation of the code. Moved by MPT/Huff, seconded by C/Zirbes matter to May 6, 2003 in order for Council to thorough and accurate assessment by staff. C2irbes reminded Council that the reason for F decreasing the penalty was because he wanted of the program in order to make an informed d the program is not a revenue generating mec City, it should pay for the CSO, time and equipn the streets. Motion carried by the following Rall Call vote: AYES: COUNCIL MEMBERS - Chang, Zirbes, NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None continue the :eive a more "No" v(y a on cost analysis ;inion. hile inism fo the it to maintain lH uff, b) ADOPT RESOLUTION NO. 2003-16: AMENDING RESOLUTION NO. 2002-20 PROHIBITING PARKING OF VEHICLES ON RESIDENTIAL STREETS DURING CERTAIN HOURS AND DAYS FOR THE PURPOSE OF ESIDEN IAL STREET SWEEPING. CM/Lowry pointed out that the second part of his item is in response to Council's direction to staff to roceed with acquiring additional signs so that each street er trance Vyould have adequate signage reflecting the days and t ours of street sweeping. Other adjustments were made to the program around the schools and certain residential and ommercilal APRIL 15, 2003 PAGE 12 CITY COUNCIL areas. The City's engineer has given authority to place signs as appropriate. C/O'Connor took umbrage with Exhibit A. She read the Exhibit to mean the day and time of the posted signs. She would like to have an exhibit that states when the "No Parking" is in effect because she did not believe the Council was authorizing the City's Engineer to change the dates and times of street sweeping except in the designated new areas. CA/Jenkins said that Exhibit A does both. 'Staff sees Exhibit A as a comprehensive list of locations. C/O'Connor is correct that it also happens to list, for each zone, the days and times. PWD/Lui reports that Council has a schedule it adopted that contains the same information — date and time for each zone. The goal was to eliminate the comprehensive list of locations so as to give staff the authority and flexibility to determine appropriate locations without having an inflexible list. It is not staff's intention to eliminate the days and times. C/O'Connor asked Council Members to consider disallowing street sweeping in the area of local schools prior to 7:00 a.m. M/Herrera asked how street sweeping would get done around the remaining schools if it were not started before 7:00 a.m. PWD/Lui responded that the current street sweeping of some of the schools before 7:00 a.m. was an arrangement with the street sweeping contractor and school administrators. The contractor felt that a more thorough job could be done if the streets were swept in the early morning hours. Once again, when staff meets with residents and school officials, this concern would be voiced to see if it is an option. One of the reasons those areas would be swept before 7:00 a.m. was because the surrounding areas were being swept during morning hours rather than in the afternoon. Staff is attempting to make the process as efficient as possible with respect to the street sweeping route. MPT/Huff was still concerned about street sweeping before 7:00- a.m. He believed it negatively impacted adjacent residents. MlHerrera asked if it was possible for staff to meet with residents and assess their reactions once they know that street sweeping is scheduled to take place at 6:30 a.m. and let Council know the results before implementation? 1 APRIL 15, 2003 PAGE 13 1 CITI COUNCIL PWD/Lui responded "absolutely." Staff wants tc make certain that the ultimate recommendation is balanced. C/O'Connor moved, MPT/Huff seconded, to direct staff to talk with area residents and schools that would be affecteJ by sweeping before 7:00 a.m. and provide a repoof the results to Council prior to implementation. C/Chang suggested that staff include C/O'Connor suggested that one alternative wa to imple ent manual street sweeping around schools that co ld be do a at any time. MPT/Huff was concerned about how this message woul be taken to the community. He would not like stalf to present a mandate that the City would be street sweeping before 7:00 a.m. He asked for staff's delicate handling of the matter. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, 'Connor Zirbes, MPT/Huff, M/Herre NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None Moved by C/Zirbes, seconded by C/O'Connot to elin Recital No. 6 and adopt Resolution No. 200316 ame Resolution No. 2002-20. C/O'Connor rescinded her second. M/Herrera �ecor motion. Motion carried by the following Roll Cal vote: AYES: COUNCIL MEMBERS - Chang, Zrbes, MPT/Hu , M/He NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - None the RECESS TO REDEVELOPMENT AGENCY ANNUAL MEETING and PUBLIC FINANCING AUTHORITY ANNUAL MEETING: M/Herrera recessed the Regular City Council Meeting to the Redevelopment Agency Annual Meeting at 8:50 p.m. RECONVENE CITY COUNCIL MEETING: M/Herrera reconvened the Re ular City Council Meeting at 8:59 p.m. APRIL 15, 2003 PAGE 14 CITY COUNCIL 9. COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COMMENTS: C/Chang congratulated Lorbeer Middle School on their wonderful event "Evening of the Stars." For several years, the school has presented this event that has been very successful and enjoyed a large participation of students and parents. The event offers a great opportunity for students to practice and learn a wonderful process toward their growth. He believed that because of this type of event, students are educated as whole persons. He complimented D.B.H.S. on their budget item of $7,000,000 to create 22 new classrooms on the corner of Pathfinder and Evergreen Springs. With this new project, the school is able to accommodate more students without going into portable classrooms that are not comfortable and well equipped for students to learn. Students and teachers are very excited. So too, is the principal, Mr. Paul. He also congratulated the Diamond Ranch High School on receiving an award from the state. D.B. has great schools and it helps make our City a very livable and great City in which to raise a family. All of the framing and most of the steel beams are up and the concrete was poured for the Community/Senior Center. The project may be delayed for a couple of months. However, construction is progressing. He assured everyone that it would be a wonderful, wonderful Community Center. Staff is working on policies and codes for operation and rental of space in the center. C/Zirbes congratulated Region XXXi on a very successful AYSO tournament. With an average of 15 players on each team, over 2500 players participated in the lovely City of D.B: With the participation of referees, coaches and families, more than 10,000 -people ascended on D.B. to stay in the City's hotels and eat at its restaurants, a good boost to the local economy and to Region XXXI. He participated in the tournament at Schabarum Park 12 hours each day Saturday and Sunday. According to those who participated and witnessed the event, they were very favorably impressed with the City of D.B. and the tournament. He congratulated Tiffany Rush on her selection as Miss Diamond Bar. He and fellow Council Members attended the D.B.H.S. open house and ribbon -cutting ceremonies for the very impressive 22 classrooms recently added to the campus. Congratulations to D.B.H.S. and Mr. Paul for a fine job. He continues to work on a variety of committees such as the Neighborhood Improvement Committee and its protocol and enforcement procedures. Negotiations continue to attract a market to the south end of D.B. Hopefully, the economy will turn around and businesses will again be attracted to locate in our City. C/O'Connor was a referee at Evergreen Elementary School during the AYSO tournament. Her daughter's team made it to the semi-finals playing against Lancaster. Lancaster won the tournament. It was very exciting that her daughter scored a goal. She asked Council to recognize the tournament committee and AYSO board members for their hard work. As C/Zirbes said, 10,000 additional people in the City as a result of the tournament helped to stimulate the economy and it would be a nice gesture on Council's part to honor the organization. The matter of slope repair in Sycamore Canyon has APRIL 15, 2003 PAGE 15 C" COUNCIL i ' been an ongoing issue for many years and she would like t� have a commitment as to when the repair would be done and the t rps rem from the hillside. CSD/Rose explained that if the item is included in next year' fiscal for construction, mitigation could commence in July 2003. C/O'Connor hoped Council would include the item in the 03/0A budget. The City is very concerned about neighborhood beautification and he Sycamore Canyon slopes have been covered by tarps for years. She reported that Lorbeer Middle School is seeking pictures of former students who are currently serving in the military. She and C/Zirbes attended ibbon-CL tting ceremonies for Curves, a new exercise program for women. She encouraged residents to check out the facility. The Chamber f Comrr erce held its mixer at Shear Artistry. The facility has been expanded and upd ated. She encouraged residents to visit that business as well. Tt e health and safety of D.B. residents is a City priority. Codes and Ot dinances are formulated with that in mind. Staff and Council realized that tt ere has lo be discretion and common sense applied. Deputies could d acide to give warning citations instead of issuing tickets. Discretion and ensitivity has been applied to the violation of our City codes in relationshi to they Ilow ribbons that have been placed on the City's trees throughout own. Pr vate organizations and citizens have placed these ribbons without tl ie approval of the City. So, what is the City to do? We have shown ours ipport for the military by having the City post the American flags through ut the City. Private citizens have shown their support by rallying on the straet comers or by flying flags at the homes and on their cars, or by tying yellow ribbor s on their car antennas. That is a freedom that citizens can enjoy on their own property. How do we handle the use of public property? S e expressed concern about the possible precedent that cities establish by allowin the yellow ribbons to remain. Several weeks ago a service organization approached the City about placing yellow ribbons on City trees and they Nere told no. Later, someone placed the ribbons on the City's trees wi hout approval and against the City's ordinances. So, are we sending a mes age to the organization that asked permission to not bother asking r ext time. She asked staff and the City Attorney if Pandora's Box had been c pened. I Vhat is to prevent schools, for example, from putting their school colors on t ees, or red ribbons for Red Ribbon week or pink ribbons for Breast Pancer M nth. She asked the City Attorney what the consequences were f r aliowinthe yellow ribbons to remain on the City's trees? CA/Jenkins did not disagree with C/O'Connor that inconsistent enforcement creates potential for future problems. CIO Connor witnessed a D.B. resident placing yellow ribbons. on the City's medians. She thought it was a very dangerous situation for her to be in with vehicles zipping by in both directions. Not only was it dangerous for her, it was dangerous for the drivers who turned to view the situation. j She admitted APRIL 15, 2003 PAGE 16 CITY COUNCIL she got a touched and warm feeling when she drove down Grand Ave. and first saw all of those yellow ribbons. However, as a City Council Member, we must consider the ramifications of allowing residents to continue ignoring City codes and ordinances. She was aware that her fellow Council Members had no interest in discussing this matter but she felt a discussion should ensue. She felt, however, that by allowing this type of behavior the City could potentially suffer problems in the future. CA/Jenkins explained to M/Herrera that Council could not give direction other than to have the matter placed on a future agenda. However, staff has duly noted the concern and the matter could be left to the judgment of the City Manager and prioritization of enforcement of the City's codes. C/Chang did not feel the Council needed to discuss this -matter. The code is in effect and each Council Member has the rico voice his/her opinion. C/O'Connor felt it was unnecessary to place the matter on the agenda for discussion when the code is already in place. MPT/Huff felt that Council should be mindful of the intent of the law versus the letter of the law. This City has enacted rules to keep it safe and orderly and to make sense out of what would otherwise be chaos. The populace does not like politicians that make nonsense decisions. There are times in our history and experience when we make exceptions for extraordinary times. And I believe that we are in one of those extraordinary times right now. There is a statement that it is easier to get forgiveness than it is to get permission. Certainly we see that in this situation, he felt it was particularly special for all the kids who came to D.B. for the AYSO tournament to see a City with yellow ribbons flying. It was a very spontaneous and patriotic gesture. It was also likely that more than one person participated in hanging the ribbons. He was happy that staff did not remove the ribbons in a timely manner. As events on the other side of the world unfold, the matter will likely resolve itself. He observed the City to be bustling with AYSO participants and found it somewhat difficult to find eating accommodations on Sunday morning prior to attending church services. He thanked staff for their budget presentation. Extraordinary times call for tough decisions and he applauded staff for taking a hard look at their line items and making recommendations for budget cuts. M/Herrera thanked staff for their hard work on the budget. There will be a few study sessions to discuss next year's budget. She is fiscally conservative and likes to plan accordingly. If the money comes in later there can be a list of options that can be added. If the Council is cautious about building the budget, it does not mean that the City will eliminate services or programs. If the State is forthcoming with the funds, she would be the first to seek a return of items to the budget. It won't be an easy process for staff or Council. The City has ordinances and rules and regulations. Sometimes they are enforced religiously. Sometimes discretion is exercised. She tends to be sympathetic to some issues. Even though the City has an ordinance 1 n APRIL 15, 2003 PAGE 17 CITY COUNCIL prohibiting spontaneous memorials, we find them as an outpouring of grief. So there have been times in this City when memorials have been allowed — in some cases for many years. Yellow ribbons went up for the PC W's. She is pleased that they were rescued and it is likely the yell w ribbor s will come down in the near future. This is not a black and white world. The a are many shades of gray. She does not want to be hard-nosed and er force every rule and regulation to the letter and believes that flexibility s ould prevail under certain circumstances. 10. ADJOURNMENT: There being no further busines to co duct, M/Herrera adjourned the meeting at 9:25 p.m. ATTEST: CAROL HERRERA, MAYOR 0 LYNDA BURGESS, CITY CLERK