HomeMy WebLinkAbout7/15/2003 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL CLOSED SESSION
AND STUDY SESSION
JULY 15, 2003
CLOSED SESSION: M/Herrera called the Study Session to orde at 4:30 m. in
Room CC -8 of the Government Center/South Coast Air Qua lit Mai' ment
District, 21865 E. Copley Drive, Diamond Bar, CA.
Present: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem Hu and
and
Mayor Herrera. II
Staff present: Linda Lowry, City Manager; Mike Jenkins, CityIfforney, David
Doyle, Deputy City Manager; James DeStefano, Deputy CityManage ; and
David Liu, Public Works Director.
CA/Jenkins announced that there was a need to take action relative to the aveal
of an adverse decision by a Federal Court case, Coalition for PrE ctical
Regulations (CPR) v. Regional Water Control Board, et al. trash, (TMDL), Case
No. C -02 -5244 -SBA. This decision came to the City after the posting of the
Agenda. After receiving a 5-0 vote, this item was then added t the Co ncil's
Closed Session agenda.
Public Comments: None
The City Council then went into closed session. Discussion took
the agendized item — Anticipated Litigation — Government
54945.9(b) — one case and the added item.
ADJOURNMENT: There being no further business, the Closed
Session
was
recessed to the Study Session at 5:05 p.m.
CA/Jenkins reported that at approximately 4:35 p.m. the City Council
held
a
closed session. The City Council added a Federal Court Case fo
the Coz
iition
for Practical Regulations (CPR) v. Regional Water Control Boarc,
et al. trash,
(TMDL), Case No. C -02 -5244 -SBA, finding the need to take action
relative to
an
appeal of adverse Federal Court's decision that came to the City afl
er the pc
sting
Of the Agenda. After receiving a 5-0 vote, this item was then
added t
the
Council's Closed Session agenda.
He further reported that the Mayor then solicited public comments
related to
the
listed item on the Agenda relative to a threat of litigation from the
Law Fir
of
Allan Matkins and the item added. There being none, Council
entered
into
Closed Session. Further, CA/Jenkins cited that the one reportable
action o
the
Closed Session was, by unanimous vote, to approve the City's p
rticipati
n in
the appeal of the Ninth Circuit Court of Appeal of the Trash/TDL
litig
tion
against the Water Quality Control Board.
JULY 15, 2003 PAGE 2 STUDY SESSION
In addition, CA/Jenkins reported that there is no reportable action on the item
listed on the agenda.
STUDY SESSION: M/Herrera called the Study Session to order at 5:05 p.m. in
Room CC -8 of the government Center/South Coast Air Quality Management
District, 21865 E. Copley Drive, Diamond Bar, CA.
Present: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem Huff, and
Mayor Herrera.
Staff Present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; David
Doyle, Deputy City Manager; James DeStefano, Deputy City Manager; Linda
Magnuson, Finance Director; David Liu, Public Works Director; Bob Rose,
Community Services Director; April Blakey, Public Information Manager; Fred
Alamolhoda, Senior Engineer; Kim Crews, Senior Management Analyst; Sharon
Gomez, Management Analyst; Tommye Cribbins, Acting Executive Assistant;
and Nancy Whitehouse, Acting City Clerk.
► Amendment of CertificatelRecognition Policy -• CM/Lowry gave the report
citing that the current policy permits certificates to be issued at the request of any
Council Member. She commented that "2.a" should include "and certificate
plaques", clarifying that this form of recognition has been introduced within the
past two years; "2.c" should include "or Commissionef", and" "3. Provisions for
City Council member Recognition" end after "....will apply."
M/Herrera commented on the difficulties when outlining specific circumstances
for presentations. MPT/Huff stated that, even though the policy does not specify
individual Council members, the original policy stay intact. There was discussion
as to the need to address this matter. C/O'Connor indicated that she had never
"individually" requested a certificate, was not aware of any difficulties, and to
retain the policy as is. She concurred with M/Herrera that attempting to itemize is
difficult as some categories may inadvertently be omitted.
C/Chang commented that every effort is made by staff to acquire all Council's
signatures for the certificates but sometimes that is not possible. It is the
individual Council Member's responsibility in presenting certificates appropriately.
Brief discussion continued citing convenience and authorization in using
electronic signatures.
It was the consensus of Council to table the item until August 5; having the policy
retain a general approach.
0. Amendment Defining Use of Individualized City Council Stationery —
M/Herrera gave a brief report.
JULY 15, 2003 PAGE 3 STUD`
CM/Lowry commented that the policy also addresses staff's use of
during personal -time, break times, lunch, and afterwork hours.
C/O'Connor and C/Zirbes commented on retaining the policy in place. MP /Huff
had no problem with the language being suggested. C/Chang indicated tat the
policies are guidelines, it's the responsibility of the individual Council member,
and that it should be used with good faith.
C/O'Connor indicated that other requests have been brought to 1he atten ion of
the City Manager relating to this and that there is more to this resolution to be
looped at. She commented that she would rather do the resolution all at once
and not in piecemeal. It was the consensus of Council to table the issue and
reschedule it for the August 5 meeting.
Starshine Park ADA and Park Improvement Project P esentat on —
CSD/Rose gave the report citing that the City is a recipient of $84,338, an J that
at this time, the balance of the project's cost is approximalgly $160,000.
Additional- grant application has been submitted to the Waste Tie Playg ound
Cover Grant Program, and that the City is possibly eligible to receive more
funding through Prop 12 and Prop 40.
He further reported that repairs are necessary as the current equipment has
been damaged, that a neighborhood meeting was held and ncerns were
expressed to include equipment for elementary and pre-school ages, and that it
was the Parks & Recreation Commission's recommendation to have Cc unci)
review this project to be included in the FY 2003-2004 budget.
C/O'Connor questioned if the residents were expecting this proje t to be Jone
sooner than later. CSD/Rose stated that no promises were made as to wt en it
would be done; that the residents were informed of the Grant mo ies available
and that it would be in the next year or two that the work would be d ne.
CSD/Rose responded to MPT/Huff that the transition was initial y planned in
1991 within the Master Plan, that Diamond Bar has demonstrate a good faith
effort, approximately 5 out of 12 parks have been ADA retrofitted and that the
Grant Funding would not be in jeopardy if not used immediately.
M/Herrera stated that the FY 2003-2004 budget has already been adopted and
cited the importance to stay within budget, especially since it is no known hat
the State is going to do, and that unless it is critical, the item be onsider d in
next year's budget. MPT/Huff and C/Chang concurred.
JULY 15, 2003 PAGE 4 STUDY SESSION
► Goals and Objectives for FY 2003-04 — DCM Doyle provided reports that
prioritized the rankings and the methodology used. He suggested Council review
and discuss to give staff a clearer picture. He commented that some items have
0's and X's, should they receive three or more, that item would be removed from
the list. This resulted in the following:
Page 1:
Council Appointed Committees — leave on the list.
Code of Ethics and Council Policy — should. be merged.
Page 2:
Comprehensive Ordinance should be merged with Part-time Neighborhood
Improvement Officer on page 6. Discussion included management of signs,
difficulties encountered during election years, requiring fees and/or deposits from
candidates, and the enforcement of violations.
CA/Jenkins referenced an analysis involving categories and procedures to
enforce removal of election signs on public property versus private property.
JCC Donation — leave on the list.
Page 3:
Develop entry signs — leave on the list.
Page 4:
City-wide speeding — leave on the list.
Computerized Signal Management System — should be merged with next item,
In-house traffic signal synchronization system.
Bike Lane along Grand Avenue — remove.
Hire Consultant to study In -town shuttle service — remove.
Pacie 5:
Work with Chamber of Commerce — leave on the list.
Work with County/acquiring DB Golf Course — leave on the list.
Pape 6:
Establish departmental procedures — leave on the list.
Part-time Neighborhood Improvement Officer — merge with Comprehensive
Ordinance on Page 2.
fl
u
JULY 15, 2003 PAGE 5 STUDY S
Page 7:
Review parking ordinances — leave on the list.
Develop Cost/Benefit — leave on the list.
Utilize DBTV — remove. Discussion included current programming versus .
Compile list of properties — leave on the list.
Study alternate uses of library site — remove.
"Mayor/Council Member for a day" program — remove.
Adjournment: There being no further business, M/Herrera rece sed the
Session at 6:30 p.m. to the Regular Meeting of the City Council
Respectfully su
g City
The foregoing minutes are hereby approved this5th day of A
Carol Herrera, Mayor
MINUTES OF THE DIAMOND BAR CITY CO
REGULAR MEETING
JULY 15, 2003
CALL TO ORDER: M/Herrera called the Regular City Council M eting to
at 6:30 p.m. in the Government Center/South Coast Air Qualit Manag{
District Auditorium, 21865 E. Copley Drive, Diamond Bar, CA.
CA/Jenkins reported that at approximately 4:35 p.m. the City Council
h
ld a
closed session. The City Council added a Federal Court Case fi
r the Coalition
for Practical Regulations (CPR) v. Regional Water Control Board,
et al. I
rash,
(TMDL), Case No. C -02 -5244 -SBA, .finding the need to take actior
relative
o an
appeal of adverse Federal Court's decision that came to the City af
ter the posting
of the Agenda. After receiving a 5-0 vote, this item was then
added to
the
Council's Closed Session agenda.
He further reported that the Mayor then solicited public comments
related t
the
listed item on the Agenda relative to a threat of litigation from the
Law Fi
m of
Allan Matkins and the item added. There being none, Counci
enterec
into
Closed Session. Further, CA/Jenkins cited that the one reportable
action c
if the
Closed Session was, by unanimous vote, to approve the City's participation
in
the appeal of the Ninth Circuit Court of Appeal of the Trash/T
against the Water Quality Control Board.
DL litigation
In addition, CA/Jenkins reported that there is no reportable actio
on the
item
listed on the agenda.
PLEDGE OF ALLEGIANCE: M/Herrera lead the Pledge of Allegiance.
INVOCATION: Dr. James Preice, Diamond Canyon Christian Ce ter
ROLL CALL: Council Members Chang, O'Connor, Zirbes, Mor Pro em
Huff, and Mayor Herrera
Staff Present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; C avid
Doyle, Deputy City Manager; James DeStefano, Deputy City Manager; L nda
Magnuson, Finance Director; David Liu, Public Works Director Bob se,
Community Services Director; April Blakey, Public Information Manager; red
Alamolhoda, Senior Engineer; Sharon Gomez, Management Analyst; Tom ye
Cribbins, Acting Executive Assistant; Captain Alex Yim and Lt. Joe MaKey,
Sheriff's Department; Assistant Chief John Nieto, Fire Department; and Nancy
Whitehouse, Acting City Clerk.
APPROVAL OF AGENDA: CM/Lowry reported that the City Cou cil discussed
the Council's certificate/recognition policy, Consent Calendar, Its in 6.12, Nith
staff at the Study Session. It was determined to remove the it, m from this
evening's Consent Calendar and reschedule it to a later date. Furth r, that
JULY 15, 2003 PAGE 2 CITY COUNCIL MEETING
Consent Calendar Item 6.13 will also be rescheduled to the August 5, 2003,
agenda. After reviewing the Goals and Objectives, staff will bring back the
prioritized listing at the next meeting.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
Certificate Proclaiming Probation and Parole Officers' Week, July 20-26, 2003.
Presentation of City tile to APR Consulting, Inc. as business of the Month, for
July 2003, and display of Business of the Month video.
CITY MANAGER REPORTS AND RECOMMENDATIONS: None offered.
PUBLIC COMMENTS: Denise Amiri commented that her daughter Alyssa
attends the City's Summer Day Camp Program. She cited the mechanical
deficiency that caused a slight explosion on the bus while traveling back the
excursion to the beach on July 9, and lauded City staff and volunteens in their
quick and professional response to assure comfort and safety of the children.
They demonstrated a proficiency and efficiency in working with the CHP and bus
driver.
Further, the City is to be commended for the training that is provided to staff.
They have never experienced any incidents in the four years that her daughter
has attended the City's programs. She expressed high commendations to Camp
Leaders Desiree Antuna and Arthur Garcia, as well as the Volunteens, Bryan
Norden, Leslie Ross, and Caitlen Kemble.
SCHEDULE OF FUTURE EVENTS: CM/Lowry identified the following:
5.1 CONCERT IN THE PARK- CHICO ( Latin) — July 16, 2003 — 6:30 — 8:00
p.m., Sycamore Canyon Park, 22930 Golden Springs Drive.
5.2 PLANNING COMMISSION MEETING — July 22, 2003 — 7:00 p.m.,
Government Center/AQMD Auditorium, 21865 E. Copley Drive.
5.3 CONCERT IN THE PARK— ROCKIT SCIENTISTS (50's) —July 23,2003-
6:30
3,2003-
6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spring Drive.
5.4 PARKS AND RECREATION COMMISSION MEETING —July 24,2003-
7:00
4,2003-
7:00 p.m., Government Center/AQMD Hearing Board Room, 21865 E.
Copley Dr.
5.5 CONCERT IN THE PARK— SILVERADOS (Country) —July 30,2003-
6:30
0,2003-6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spring Drive.
JULY 15, 2003 PAGE 3 CITY COUNCIL
5.6 PUBLIC SAFETY COMMITTEE — August 4, 2003 — 7:00 .m.,
Bar/Walnut Sheriff Station, 21695 E. Valley Boulevard, Walnu .
5.7 CITY COUNCIL MEETING — August 5, 2003 — 6:30 p.m., Goviernment
Center/ AQMD Auditorium, 21865 E. Copley Drive.
G
CONSENT CALENDAR: C/Chang announced that Item 6.1.4 page 2 last
paragraph under his comments, should be amended to read, ` he rem finder
amount can be matched through his personal fund."
C/Zirbes moved, C/Chang seconded, to approve the Consent Calendar with the
amendment to 6.1.4 as stated, and the removal of items 6. 7, 6.12, io be
rescheduled to a later date, and 6.13 be rescheduled to August Motior was
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, tv PT/Huff, and
M/Herrera
NOES: COUNCIL MEMBERS: None.
ABSENT: COUNCIL MEMBERS: None.
6.1 Approved City Council Minutes:
6.1.1 Joint Meeting of the City Council Parks
and and
Recre
tion
Commission of May 27, 2003.
6.1.2 Study Session of June 17.
6.1.3 Regular Meeting of June 17, 2003.
6.1.4 Study Session of July 1, 2003.
6.1.5 Regular Meeting of July 1, 2003.
6.2 Received and Filed Planning Commission Minutes - Regular
Meeti
g of
June 10, 2003.
6.3 Received and Filed Parks & Recreation Commission Minutes
— Regular
Meeting of May 22, 2003.
6.4 Approved Warrant Registers dated July 3, 2003, and J
ly 10, 2
03,
totaling $762,244.28.
6.5 Authorized the City Clerk to file the Notice of Completions and release any
retention amount thirty-five days after the recordation dateor the traffic
signal improvement project at the intersections of Diamond Ba Boulevard at
Silver Hawk Drive; Diamond Bar Boulevard at Clear Creek Canyon Drive;
Golden Springs Drive at Sylvan Glen Road; and Diamond Bar Bouleva d at
Sr -57 Northbound On -Ramp.
JULY 15, 2003 PAGE 4 CITY COUNCIL MEETING
6.6 Adopted Resolution No. 2003-46: Opposing AB 1268 (Wiggins) Land Use.
6.7 Removed to a later date, Adopt Resolution No. 2003-47 Amending "Section
8 — Use Of City Media" Of Resolution No. 96-28 Defining Use Of
Individualized City Council Stationery.
6.8 Adopted Resolution No. 2003-48: Authorizing Investment Monies In The
Local Agency Investment Fund and Changing Titles of Those Authorized To
Make Deposits And Withdrawal Of Monies.
6.9 Approved Annual Extension of the Agreement with Tennis Anyone for
recreational tennis instruction for FY 2003-04 for an amount not to exceed
$45,000.
6.10 Approved Salary Increase For City Manager.
6.11 Approved Revised January through May 2003 Treasurer's Statements.
6.12 Removed to a later date, Consider Amendment Of Certificate/Recognition
Policy.
6.13 Removed and rescheduled to August 5, 2003; Approval Of Goals And
Objectives For FY 2003-2004.
PUBLIC HEARINGS: None.
COUNCIL CONSIDERATION: None.
7:10 p.m. - Recessed the meeting to the Public Financing Authority.
7:15 p.m. — Reconvened the City Council meeting.
COUNCIL SUB -COMMITTEE REPORTSICOUNCIL MEMBER COMMENTS:
C/O'Connor thanked staff for a wonderful July 4 celebration, reporting that over
7,000 people was in attendance, as well as staff's efforts with the DB Community
Foundation sponsored Concert in the Park. She extended an invitation to
everyone to attend and participate at the concerts.
She commented that the Foundation has raised over $60,000 with the tile orders
and that the first order has been submitted and will be ready for the
Community/Senior Center Grand Opening. Further, that the multi -tile
arrangement costs are slightly more than anticipated, referring to the Mayors -tile
array that takes 16 tiles at $100 per tile,
JULY 15, 2003
PAGE 5 CITY COUNCIL
bringing the total amount to $1,600 for the Mayors' tiles. The multi -tile array and
their costs will be revisited. She announced that there are still community tiles
available.
C/Zirbes agreed that the fireworks events were terrific. He E tated th t he
attended the CalTrans monthly meeting on July 9 and that there were
approximately 60 people in attendance, the majority from South of Golden
Springs and east of Brea Canyon. These were the residents that woud be
experiencing a major impact with the closures. He stated that the comn unity
should look for signs by CalTrans, which should be forthcoming, and that the City
will make every effort to keep the community posted, via the website and DBTV.
He commented that he was encouraged with the direction Counc I and th City
are headed and that he is proud to serve the community; that Dia and Ba is a
desirable city in which to live.
C/Chang concurred with Council members regarding the July 4 event and
expressed compliments to staff on their efforts and to the community in
supporting the event. He was glad to be able to bring a healthy and enjc able
event to the community.
He also cited the desirability to live in Diamond Bar and that the characterisi is for
this include a well-maintained city, it's a friendly community, and the quality of life
is exceptional.
MPT/Huff reported that he attended the Senior's Western Bar -b- ue and He
stated that the July 4 event was nice and that the service clubs of only ad a
good time, but that it was also a profitable fundraiser for them.
He reported that he also attended the Presidents' Council Meetin , a meeting of
the Council of Governments, on July 8, and cited the hurdles in tying toet a
consensus of 31 cities to meet to outline an agenda.
Further, the Four Corners Transportation Committee met yesterday. The are
attempting to nurture projects that would not necessarily receive support 5ince
they're on the "fringe" of the counties, such as Diamond Bar that experiences
traffic impacts that actually start in San Bernardino County. The 'Transpor ation
Committee attempts to pool resources to produce a greater impact; they
assisted Pomona in the lobbying for funds to get the interchange t Missio and
the 71. A list had been developed several years ago, this meetinc was pri arily
updates. He reported that funding has disappeared due to the St te's situ tion,
citing how the 71 Road, between the 60 and 10 Freeways, schedul d to be fin -
graded to a freeway was pulled and now they are looking at con truction n the
next 6-8 years.
JULY 15, 2003 PAGE 6 CITY COUNCIL MEETING
M/Herrera commented that the Council members work hard and are diligent in
representing the City of Diamond Bar and communicate the concerns of the
residents. She joined in echoing Council's appreciation to the Parks and
Recreation Department, specifically Director Bob Rose, for the outstanding job in
preparing the 4t" of July event. She reported that the City of Diamond Bar does
not have a large number of staff; that they work hard and do an excellent job.
Further, she concurs with C/Chang that Diamond Bar is the place everyone
wants to live, houses sell quickly, that Diamond Bar is a wonderful community,
has a wonderful Council, and a wonderful public safety representation. She
acknowledged Assistant Fire Chief John Nieto and LAC Sheriff's Captain Alex
Yim in the audience and their commitment to keeping Diamond Bar a safe place.
Adjournment: There being no further business, M/Herrera adjourned the
meeting at 7:27 p.m.
Respectfully submitted,
4"
ancy B. Whitehouse
Acting City Clerk
The foregoing minutes are hereby approved this 5th day of August —12003.
619�4wl�
Carol Herrera, Mayor