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HomeMy WebLinkAbout8/5/2003 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION AUGUST 5, 2003 STUDY SESSION: M/Herrera called the Study Sessi n to or er at 4:37 p.m. in Room CC -8 of the South Coast Air Quali Manag mens District/Government Center, 21865 E. Copley Dr., Diamond par, CA. Present: Council Members Chang, O'Connor, ZirbE s, 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; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; April Blakey, Public Information Manager; Fred Alamolhoda, Senior Enginee ; John lasin, Assistant Engineer; Sharon Gomez, Administrative Analy t; Sara est, Recreation Supervisor 11; Assistant Fire Chief John Nie t , Fire Cptain Paul Shifando, and Nancy Whitehouse, Acting City Clerk COMMUNITYISENIOR CENTER FACILITY USE POLICY Prese tation by CSD/Rose. C/O'Connor asked if Fraternities and Sororities were discri inatory terms (Page 12, Discrimination by User Groups). CSD/Rose said the purpose of the clause is to adhere to 1he acce tance of CDBG funding used to help construct the Community/Se for Facil . C/O'Connor asked if the Boy Scouts lost funding because of their po icy. CA/Jenkins stated that what this clause prohibits is "illegal" discrimi ation, not "any" discrimination. It is a somewhat fluid area and tiere are some areas in which gender based discrimination is not consider d to be Ilegal. By including such wording the City is not necessarily precluding it, and each instance would have to be evaluated on a case -by -ca a basis. C/O'Connor asked CA/Jenkins to provide an example ofn organization that illegally discriminates. CA/Jenkins responded that any organization that discriminates n the basis of race would be "illegal discrimination" per se So, a White Supremacist's group, for instance, could not meet at th s facility. With respect to the Girl Scouts, for instance, the "gender" issue is the more complicated issue. AUGUST 5, 2003 PAGE 2 CC STUDY SESSION C/O'Connor asked if this document indicated the Girl Scouts and Boy Scouts did not fall under the Discrimination by User Group classification. CA/Jenkins did not disagree that the Girl Scouts and Boy Scouts could be removed from the example on Page 6 to avoid a potential inconsistency within the document. If the City were to determine that their membership policies were "illegal" the City would not be able to allow them to use the facility. Therefore, citing them as an example on Page 6 would be inappropriate. C/O'Connor asked how it was determined that the weekend would be Saturday and Sunday versus Friday and Saturday. CSD/Rose said the days were chosen based on other documents staff reviewed. C/O'Connor said that Friday could be a big night for activities. MPT/Huff agreed that Friday and Saturday would most likely big the biggest activity nights. C/O'Connor suggested the Council consider making Friday part of the weekend along with Saturday and Sunday. C/O'Connor asked who provides the cleaning equipment. CSD/Rose responded that staff does the vacuuming and sweeping. When the document refers to cleanup it refers to the user group getting their equipment out. C/O'Connor referred to Page 11 and again asked who was responsible for providing the cleaning equipment. CSD/Rose said that there would be a mop and walk -bucket in the kitchen. C/Zirbes referred to the spreadsheet on Page 14. He asked for a definition of "rate" versus "operation." CSD/Rose responded that "rate" is the rental rate and "operation" is primarily the staff cost. C/Zirbes referred to "regular use by a Group C organization" allowed two uses of the banquet facility per calendar year. He did not find a Group B restriction in the document. His concern was that there were a number of Group B organizations in the City and there did not appear to be a limit to the number of Group B uses in the banquet room. CSD/Rose acknowledged C/Zirbes' concern. AUGUST 5, 2003 PAGE 3 CC STUD C/Zirbes felt the insurance requirements were valid. Hov worked with a number of non-profit organizations over the y that cities were able to provide, for cost, this type of insuranc CSD/Rose stated that the document is a policy document User Application Packet would be developed. Within information would be contained to assist the organization it policy. r, %ving heand whibh a the papket, meetin the C/Chang agreed that insurance should be readily available for organizations. On Page 3 (a), if the cancellation is received 30 days or less, the reservation/cancellation will count as one of the g up's allotted uses. CSD/Rose pointed out that this applies to Group C users who get two uses of the banquet room per year at a reduced cost. If they cancel the event that they reserved, they lose one of those two uses. The same clause applies in the meeting room section wherein Group C userq are allotted 12 uses. ClChang asked why on Page 3 d. final sentence, all deposit and/or fee(s) would not be returned. If groups are unable to comply with tt e policy, they should receive a refund. CSD/Rose explained that this paragraph applies to user groups refuse to comply with the policy. He cited security as one examl groups wait until a day or two prior to the event, or when the ev{ ready to commence, and refuse to comply they are should hot be a recoup their deposit. This verbiage applies to worst-case sce iarlo. ClChang felt there should be a better description of the kit hen fac and what is permitted and what is not permitted, what the City Sul and what the City does not supply to avoid confusion. MPT/Huff said his biggest concern was that if the docume t becam cumbersome and complicated, the very people the Cib intende receive benefit from the facility would be scared away. He f oped thr document could be revisited in six months with the intent to streaml and fine-tune it. He did not find the equipment list to include a project N. DCMIDoyle said the facility has a drop-down screen and V R for the banquet area. A roll -in and rollout unit would be provided smaller facilities. MPT/Huff asked that those items be listed. who e. If nt is le to ities }lies too to the e it ,"or in the AUGUST 5, 2003 ' PAGE 4 CC STUDY SESSION MPT/Huff was also concerned about insurance issues and reiterated his desire to have the User Packet simplified and complete. MPT/Huff asked if it was possible to disable the smoke alarm if fire personnel were present. His reason for raising this issue is because a growing segment of the community (Indian and Pakistani groups) provide as a part of their wedding service, glowing embers. He understood that there might be smoke emanating and that the practice did not pose a fire hazard. He was concerned that the smoke would set off a smoke alarm. CSD/Rose suggested that such groups could either be accommodated in the variance section or to include input from the fire department and find out what the hotel in Long Beach does to allow this type of service. ClZirbes suggested that if other facilities were not allowing this type of service, staff should determine the reason. Perhaps there is adverse affect on the facility with that type of use. MPT/Huff said that weekend use is presumed to be heavy use -time. Perhaps the schedule could be modified to make it easier to rent on weekdays. M/Herrera asked if staff intended to make corrections and present the corrected document to the Council at a later study session before it is included on the City Council regular meeting agenda. CSD/Rose offered that staff could provide a strike and highlight version of the document for the weekly with a cover sheet outlining the changes. If there were any questions or comments Council could provide feedback to staff and the document could be changed for a future study session. Or, if Council Members felt their issues were addressed, the document could be presented at the regular City Council Meeting. Council concurred with the second option. C/O'Connor agreed with MPT/Huff that some of the lead-time requirements were a problem for users and that they should be relaxed, if possible. SPEED HUMP POLICY DISCUSSION — Presentation by PWD/Liu. C/O'Connor asked if the City would accept money from residents to help pay for installation. PWDILiu responded that some communities accept donations or private entities fund all or part of the costs. However, the installation would have to meet the criteria. AUGUST 5, 2003 PAGE 5 CC STUDY SESSION C/Zirbes asked how the City obtains funding for speed hum o installa ion. PWD/Liu responded that, generally, funding comes from the Genera Fund or Gas Tax Fund. Assistant Fire Chief Nieto said he was pleased with the policy and that PWD/Liu had incorporated most of his department's concerns. Off cially, the fire department is opposed to anything that tends to slow don its progress because the primary purpose of the department is to sena the public. If there were a number of installations throughout t e City it ould encumber the department and its equipment. The departmint agrees with the City's policy and wants to work with the City to ma the program successful. For the Council's information, the fire departa ent has spent millions of dollars working to provide the most up-to-date , 1.quipmer it and shave seconds off of response time in order to provide the best possible service to the community. The department is always co cerned when cities incorporate traffic -calming devices. The departme it appre iates being a part of the process and is concerned that liability rr ay becor a an issue. CA/Jenkins did not believe there was any liability to the department or to the City if the response time was slowed by virtue of a lawftilly recognized traffic -calming feature. C/Chang said that speeding is a very serious concern in D.B. This olicy has been studied for some time and he felt it was tine to Ii- the moratorium. He agreed that although it would slow down the emeri jency equipment response time, it would be an effective deterre it to spe ding traffic. He suggested staff agendize the item for the next C until Meeting and that the Council immediately lift the moratorium. Ofc urse, theCity would then follow all guidelines for speed hump install tion an not proceed with installations merely in response to individual r quests. M/Herrera said she understood the moratorium expiresomorro and asked if it would require additional Council action becau a the and Hump Policy has been adopted. PWD/Liu did not believe that additional action was necessary if Council decided to proceed with the policy; unless the Council wanted to incorporate changes to the policy. All data indicates that speed humps slow down traffic and reduce traffic volumes. C/O'Connor asked if staff's recommendations could be Inco porated in the policy without further Council action. PWDILiu said hat wa his understanding. AUGUST 5, 2003 PAGE 6 CC STUDY SESSION MPT/Huff said the purpose of the moratorium was to verify that the speed humps had a long-term affect on traffic control. It appears the data confirms this theory. The rubberized speed humps were more effective than the asphalt speed humps. He felt the speed humps addressed the residents' concerns. He understood that response time by emergency vehicles would cause slower response time to a slight degree but felt that stop signs slowed response time more than speed humps. He felt it was good the moratorium was concluded and the City could move forward. CA/Jenkins felt that in response to CIO'Connor's previous comment it would be useful for staff to get Council clarification on the policy and recommendation. The recommendation from staff was that these items be prioritized and brought to the Council to determine which items should be funded, which would not be funded, or would be placed on a wait -list. It would also be useful to know if Council would consider self-funded speed humps so that if a street were not high -ranked in priority and were not funded by the City that those residents could jump ahead if they were prepared to fund their own speed hump. There are obvious policy implications involved. PWD/Liu indicated that staff has received approximately six requests and could anticipate three installation requests during this fiscal year, - translating to a budget amount of $10,000 per street. MPT/Huff suggested the City sell Prop A funds this year to cover the cost for three neighborhoods. C/Zirbes could not get behind a policy asking residents to pay for speed humps. He felt it was up to the City to maintain safe streets. M/Herrera felt that selling Prop A funds was a good suggestion. Council concurred. CM/Lowry asked for clarification that the Council wanted to sell about $30,000 of Prop A funds. Council confirmed. DISCUSSION OF COMMUNITY FOUNDATION BYLAWS — Presentation by Diamond Bar Community Foundation Subcommittee Vice Chairperson Ling Ling Chang, and Members Andrew Wong and Jody Roberto; as well as Grant Writer Gary Bess. VChair/Chang introduced grant writer Gary Bess who spoke about the types of community foundations various cities have. A community foundation has the same tax standing as a non-profit organization, a 501(c) 3. Private foundations basically rely on one principal donor. Community foundations rely on broad-base support from the community to 1 AUGUST 5, 2003 PAGE 7 CC STUDY S support services within the community. Currently, the Diam Community Foundation has 10 Council -appointed members. G foundations are self-perpetuating; individuals from different segs the community are invited to serve on the board. Community fou have the ability to obtain larger grants as they build their financ Additionally, a community foundation often has professional sta specialist in wills and estates, and different levels of managemen foundation aspires to a different format than the current makeup; money. It takes money to get money and it takes a certain comm! move forward. The foundation has submitted 8-10 proposals to that have specifically identified community foundations as one areas of interest. Successfully obtaining funding from one c sources would seed the foundation so that it could move to the ni Additionally, the Trails report is complete and he has a list of a c so funders interested in parks and recreation. VChair/Chang explained that the initial reason for requesting an with the Council was to discuss Foundation bylaws. She realizes the Council needs to establish what kind of foundation it wants — to be like the Friends of the Library or establish a conventional coi foundation. The Foundation is seeking the Council's input. The Fogy would like to be placed on a future study session agenda once the has decided on what format the organization should follow to de appropriate bylaws and programs. It is premature to consider changes at this point until the Council decides how the Foundation proceed. 1 Bar erally, nts of al base. frog - a If this it takes ment to funders of their F these A step. :)zen or first nity ermine bylaws should M/Herrera said that in rereading the bylaws, she felt it expressed exactly what the City Council intended the Foundation to be — another source of funds for the City. When the Foundation was founded, it was at the impetus of community members and particularly Parks and Recreation Commissioners, who felt it was important for the Foundation to f nd the Parks Master Plan. While you state the purpose was narrow, it was purposely formed that way. She said that, in her opinion, if the Fou idation wanted to be independent it was the Foundation Board's decision t make and the Foundation could be completely independent, spending m ney on any community items including the Parks Master Plan. She felt it was more of a matter of what the Board wanted the Foundation to be nstead of what the City Council wanted it to be. VChair/Chang said that the Board needs the City as a partner tom ke the Foundation successful. If the Foundation was similar to the Friends of the Library, it would not need the Council's support for a grant writer, etc. MlHerrera responded that according to CA/Jenkins, if the Fou�hange dation determined itself to be completely independent, it would certainly AUGUST 5, 2003 PAGE 8 CC STUDY SESSION the City's participation. It may also require a contract between the City and the Foundation detailing how the funds would be distributed. CA/Jenkins said it could be an MOU or contract similar to that between the City and the Chamber of Commerce. M/Herrera explained that in the case of a contract similar to the Chamber, it would specify a certain amount of money provided to the Foundation by the City and further specify what would be provided for the City as a result of that funding. C/O'Connor felt that was basically what the City was doing at this time -- paying for a grant writer, secretarial services, and staff support. M/Herrera shows that the Council has not interfered with how the Board spends its money. The Council has not recruited members for the Foundation Board. The names that are submitted to Council are provided by. other Foundation Board members or from the Parks and Recreation Commission. While it said that the Council controls the Foundation, it is not, in actuality, the case. Gary Bess said that his only concern was "appearance" because when he submits proposals he also must submit supporting documentation that includes bylaws. The bylaws clearly state that the majority of Board Members are Council appointed. It may not be practice, but it is the appearance that counts. The concern was that a funder might perceive the Foundation as shill — an attempt to get private money indirectly. if the bylaws were changed to reflect actual practice, then it would no longer be an issue. VChair/Chang confirmed that everything the Foundation does is for the benefit of the City and it is not the intent of the Foundation to do otherwise. M/Herrera asked each Council Member to state their vision for the Foundation. MPT/Huff said that it seems the City has so far facilitated the money by giving street signs or tiles or whatever else. He hoped that at some point the Foundation would become financially independent. The City could do these things on its own and the Foundation has not yet entered the territory wherein it is providing amenities to the community. The Council may have a different idea about how the funds are distributed. He looked forward to the time when the Foundation could draw large grant funds that would benefit the community without seeking base funds from the City. .- T AUGUST 5, 2003 PAGE 9 CC STUDY SESSION was formed. In reading the minutes and understanding what the Four Gary Bess pointed out that funds are granted project -specific. In operate, the Foundation has to obtain funds from individuals. Eventually there are certain costs that can be retained for infrastructure. order t� C/Chang felt that it was difficult to justify supporting the Diamond Community Foundation when he could not support other fo Today Mr. Wong explained to him that the Foundation needs, money in order to grow. He was concerned that during the budget the City was financially assisting the Foundation in order for it t Therefore, he felt that ultimately, the Foundation should independent and pay its own expenses. At the same time, the F and the City are working toward the same goal -- the betterment community. In order for the Foundation to succeed on a large C bylaws should reflect a much clearer image that the Council control the Foundation. Certainly, if the Foundation could formulae Ba ndations suppor crunch survive become undatior of the cale, the Joes no, a cleat vision the City would support it. understanding of how funds would be distributed because the org C/Zirbes stated that he was not on the Council when the Foundation was formed. In reading the minutes and understanding what the Four dation is doing, he believed the organization was doing very well. His concerns were, in breaking away from the City, would the Foundation have a clear understanding of how funds would be distributed because the org nization is a pass-through organization. He cautioned the Foundation about breaking away from the City and becoming a contractor to the City and inheriting certain budget restraints. In becoming an entirely independent organization, the Foundation would incur additional expenses for a Director and Executive Director and staff. If the Foundation felt it ould be more successful in raising funds for the (community by becoming independent, the Foundation should move forward to do so. ince the Foundation has about $60,000 in seed -money, a substantial arnount of money, it could move forward using that money to make substantially more money and accomplish more for the community. The vision would very likely be in concert with the Council's vision. We're all members of this community and we all strive for the same commongoal. a felt it would be wonderful if the Foundation could raise substantia dollars toward that end and if it meant becoming independent, he would support the Foundation. C/O'Connor clarified that the $60,000 that the Foundation had in the bank two hours ago was reduced by $14,000+ to pay for bricks. M/ Herrera asked the Foundation Members to discuss the Council's views with its Board and come back to a later study session to let the Council know how the Board wants to proceed. AUGUST 5, 2003 PAGE 10 CC STUDY SESSION Member Roberto said her understanding was the Board did not want to be totally independent of the City — the intention was to provide better paperwork to the grant writer so that the Foundation was more marketable and able to obtain funding. She had the sense that Council Members felt that the Foundation wanted to be totally independent. That was not the Board's intention. MiHerrera pointed out. that if the Foundation bylaws change, the bylaws dictate the format and law of the Foundation. If the bylaws state that the Foundation is completely separate from the City, then the Foundation is completely separate by law. Member Roberto felt the Foundation needed to rethink its vision. Member Wong said that in the future, regardless of what direction the Foundation takes, things like tiles, street signs, etc. is the means by which the Foundation would be able to succeed and garner individual donations, as well as, help the City Council identify individual donors, corporations, and businesses that would be forthcoming with funding. He felt in that vein, the City Council and the Diamond Bar Community Foundation Board should work together to fulfill mutual expectations. Public Comments: None Offered. CA/Jenkins asked for Council vote to add a Closed Section item under Section 54956.9(b) of the California Government Code on the ground that the item came to the attention of the City after the posting of the agenda. So ordered by voice vote of 4-0, MPT/Huff stepped out of the room for a moment and rejoined the meeting at the start of the Closed Session. ADJOURNMENT: With no further business, M/Herrera adjourned the Study Session at 6:15 p.m. to Closed Session. Nana hitehouse, Acting City Clerk The foregoing minutes are hereby approved this' play of August , 2003. Carol Herrera, Mayor 1 1 MINUTES OF THE CITY COUNCIL CLOSED SESSION AND REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 5, 2003 CLOSED SESSION: Mayor Herrera called the Closed Session to order at 6:15 p.m. I CA/Jenkins asked for Council vote to add a Closed Section itemunder Section 54956.9(b) of the California Government Code on the ground that t ie item came to the attention of the City after the posting of the agenda. So orderec by a voice vote of 4-0, with MPT/Huff being absent. There was no public comments offered on the added Closed Sessi n items or the item listed on the agenda - Anticipated Litigation — Governmen Code ection 54956.9(b) — one case. MPT/Huff rejoined the meeting at 6:16 p.m. ADJOURNED: Mayor Herrera adjourned the Closed Session at 0:45 p.m. CALL TO ORDER: Mayor Herrera called the Regular City Council eeting to order at 6:57 p.m. in the Government Center/South Coast Air Quality Man gement District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. CA/Jenkins reported that the City Council recessed to Clo approximately 6:15 p.m. Though invited, there was no public con the Closed Session items. By a voice vote of 4-0, Council add( Closed Session Agenda under Section 54956.9(b) of the Califoi Code on the ground that the item came to the attention of the City of the agenda. This item was a matter of threatened litigation. ent offe an item the in at :d on o the ment sting As a result of the Closed Session discussion the City concluded it would ease enforcing its Conditional Use Permit requirement relative to fortune elling operations. PLEDGE OF ALLEGIANCE: MPT/Huff led the Pledge of Allegiance, INVOCATION: Pastor Bob Stebe, Northminster Presbyterian Church, led the invocation. ROLL CALL: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem Huff, and Mayor Herrera. Staff present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; Davi I Liu, Public Works Director Bob Rose, Community Services Director; Lir da Magn ison, Finance Director; April Blakey, Public Information Manager; Tornmye Cri bins, Acting Executive Assistant, and Nancy Whitehouse, Acting City CI rk. AUGUST 5, 2003 PAGE 2 CITY COUNCIL APPROVAL OF AGENDA: CM/Lowry requested that verbiage be added to Item 6.16 and that Item 6.17 be pulled prior to Council's motion to receive additional information and recommendation from staff. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: Presentation entitled, "Preparing for the West Nile Virus," was provided by Stephanie Miladin, Public Information Officer for the Great Los Angeles County Vector Control District. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry introduced Sharon Gomez, Management Analyst, Public Works Division. MA/Gomez reported that during the recent 2003 California Resource Recovery Association, Darrell Young, Department of Conservation Director, presented a check in the amount of $16,376 to the City of D.B. for its recycling efforts. PUBLIC COMMENTS: Ernest Kung felt he should be entitled to a street sweeping violation waiver and asked the Council to consider expanding the entitlement to include one waiver for everyone, including D.B. residents. Charlotte Sauter, 786 Glenshaw Drive, La Puente, explained the Senior Citizens' Shoebox Project. She shared a letter from Sgt. Bernard Hook, a Shoebox recipient currently stationed in Mosul, Iraq , who grew up and attended school in Diamond Bar. Anyone interested in contributing to the project may contact Dorothy at Heritage Park or contact the Senior group on Tuesdays between 10:00 a.m. and 1:00 P.M. RESPONSE TO PUBLIC COMMENT: CM/Lowry explained to Mr. Kung that the City Council considered the option of including waivers for all offenders and deliberately selected the current waiver process. PWD/Liu detailed the process undertaken by the Council to deliberate the street sweeping policy and the extensive public outreach conducted by the City. Meetings including a town hall session during which members of the public were invited to speak on this matter. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK— Hodads (Beach/Surf) and NATIONAL NIGHT OUT — August 6, 2003 — 6:30 p.m. — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.2 PLANNING COMMISSION MEETING — August 12, 2003 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 E. Copley Dr. AUGUST 5, 2003 PAGE 3 CITY COUNCIL 5.3 CALTRANS MONTHLY MEETING — August 13, 2003 — 6:30 p.m., SCAQMD/Government Center Room CC -2, 21865 E. Copley Drive. 5.4 CONCERTS IN THE PARK (Last Concert) — Dean Colley (Neil DjE mond Tribute) —August 13, 2003 — 6:30 p.m. — 8:00 p.m., Sycamore Canyor Park, 22930 Golden Springs Dr. 5.5 TRAFFIC AND TRANSPORTATION COMMISSION MEETING —Aug st 14, 2003 — 7:00 p.m., SCAQMD/Government Center Hearinc Boardoom, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING — August 19, 2003 + 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 E. Cople Dr. CONSENT CALENDAR: C/Chang moved, C/Zirbes seconded to approve Consent Calendar with the exception of items 6.1 and 6.16. Motion carried by the foll wing Roil Call vote with C/O'Connor voting "NO" on P.Q. 12343 on Item 6.5 and abstaining on Item 6.13 due to perceived conflict of interest. AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.2 TRAFFIC AND TRANSPORTATION MINUTES — Regular Meeting ol June 12, 2003 — Received and Filed. 6.3 PLANNING COMMISSION MINUTES —Regular Meeting of une 24, 03— Received and Filed. 6.4 PARKS AND RECREATION COMMISSION MINUTES —Regular Mee ing of June 26, 2003 — Received and Filed. 6.5 APPROVED WARRANT REGISTERS dated July 17, 2003, July 24, 2003 and July 31, 2003, for a total amount of $1,853,152.72. 6.6 REVIEWED and APPROVED Treasurer's Statement for the month of June 2003. 6.7 RECEIVED AND FILED PROPOSITION "A„ LOCAL RETURN FUND, PROPOSITION "C" LOCAL RETURN FUND, AND TRAN PORTA ION DEVELOPMENT ACT FUND AUDIT REPORTS FOR FI CAL YEARS ENDED JUNE 30, 2002 AND 2001. 1 AUGUST 5, 2003 PAGE 4 CITY COUNCIL 6.8 APPROVED EXONERATION OF GRADING BONDS FOR: a) LOT NO. 28 OF TRACT NO. 30289 (3020 WAGON TRAIN LANE, "THE COUNTRY ESTATES") IN THE AMOUNT OF $29,380 (Bond No. 3SM89088500). b) 20801 GOLDEN SPRINGS DRIVE (LA FITNESS) IN THE AMOUNT OF $25,760 — BOND NO. CC 7667. 6.9 APPROVED APPROPRIATION IN THE AMOUNT OF $22,000 FROM THE GENERAL FUND RESERVES TO FUND ENHANCEMENT OF PARKWAY MAINTENANCE SERVICES. 6.10 AUTHORIZED INCREASE OF $40,000 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MONTANA TESTING AND GEOLOGICAL LABORATORIES (MTGL) FOR SPECIAL INSPECTION SERVICES AT THE COMMUNITY/SENIOR CENTER FOR A TOTAL CONTRACT COST NOT - TO -EXCEED $100,000. 6.11 APPROVED CONTRACT AMENDMENT #6 WITH DAVID EVANS AND ASSOCIATES, INC., IN THE AMOUNT OF $32,400, FOR LANDSCAPE ARCHITECTURAL SERVICES FOR SUMMITRIDGE PARK RESTROOM BUILDING AND PLAY AREA PROJECT. 6.12 ADOPTED RESOLUTION NO. 2003 -XX: REMOVING THE "TWO HOUR PARKING" SIGNS AND INSTALLING "NO STOPPING ANYTIME" SIGNS ON WESTBOUND GOLDEN SPRINGS DRIVE IN FRONT OF DIAMOND PLAZA AND COCO'S RESTAURANT. 6.13 APPROVED AUTHORIZATION TO EXCEED CITY MANAGER'S PURCHASING AUTHORITY OF $25,000 TO EXTEND PRINTING SERVICES PROVIDED BY PEPR GRAPHICS IN AN AMOUNT UP TO $53,000 FOR. FISCAL YEAR 2003104. 6.14 APPROVED CONTRACT AMENDMENT NO. 2 WITH KOSMONT PARTNERS IN THE AMOUNT OF $60,000 FOR ECONOMIC DEVELOPMENT SERVICES, FOR A TOTAL CONTRACT AMOUNT OF $131,000. 6.15 ADOPTED CITY COUNCIL GOALS AND OBJECTIVES FOR FISCAL YEAR 2003104. (Continued from July 15, 2003) 6.16 APPROVED AMENDMENT OF CERTIFICATE/RECOGNITION POLICY. (Continued from July 15, 2003). The words "to prevent duplication" in the third paragraph were added regarding Council Use of Certificates. AUGUST 5, 2003 PAGE 5 City COU MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.1 CITY COUNCIL MINUTES: 6.1.1 Closed Session and Study Session of July 15, 2003. 6.1.2 Regular Meeting of July 15, 2003. C/O'Connor asked that the Council agendize the discussion of City C unci) Mir utes content. Council concurred to place the matter for discussion at the Augus 19, 2003, study session and approval of subject content during the regular meeti ig. C/Zirbes moved, MPT/Huff seconded, to approve the City Council Minutes fof the Closed Session and Study Session of July 15, 2003, and for the Reg lar Meeti g of July 15, 2003. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Zirbes, MPT/Huff, M/He NOES: COUNCIL MEMBERS: O'Connor ABSENT: COUNCIL MEMBERS:None 6.17 a) RESCINDED CONTRACT WITH DYNALECTRIC FOR TRA FIC SIG AL MODIFICATION PROJECT AT GRAND AVENUE/SHOTGUN LANE, B EA CANYON ROAD/LYCOMING STREET, AND GOLDEN SPRINGS DRIVE/BALLENA DRIVE. b) APPROPRIATED $584,719 FROM FISCAL YEA 2003/04 UNAPPROPRIATED PROPOSITION C FUND BALANCE AN AWARDED CONTRACT FOR TRAFFIC SIGNAL MODIFICATION P OJECT AT GRAND AVE/SHOTGUN LN. AND BREA CANYON RD./LY OMING ST. AND GOLDEN SPRINGS DR./BALLENA DR. TO PET & S NS CONSTRUCTION, INC. IN THE AMOUNT OF $536,200 ANDA JTHORIZED $48,519 CONTINGENCY FOR CHANGE ORDERS TO BE APDROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION P MOUNT OF $584,719. Presentation by CA/Jenkins; staff recommends that the City Council direct sta f to prepare an agenda item for the August 19, 2003, Council Meeting to reject all I iids on this project and, further, direct staff to proceed with bid documents to solicit 1 lew bids for this project and to have the bid opening occur prior to Council's first me ing in September, and to bring to the Council at its September 2, 2003, meeting st ff's recommendation for award of the project to the lowest responsibl bidder ho emerges from the re -bid of the project. There was no one present who wished to speak on this matter. AUGUST 5, 2003 PAGE 6 CITY COUNCIL MPT/Huff moved, C/Zirbes seconded, to approve staffs recommendation. 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 PUBLIC HEARINGS: None COUNCIL CONSIDERATION: CONSIDERATION OF JOINT USE COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES, THE CITY OF DIAMOND BAR, THE WALNUT VALLEY UNIFIED SCHOOL DISTRICT, AND THE POMONA UNIFIED SCHOOL DISTRICT FOR THE OPERATION OF PROPOSED LIBRARY — Presentation by DCMIDoyle. Council Members praised DCMIDoyle for his work on this matter. C/O'Connor moved, MPT/Huff seconded, to approve the Joint Use Cooperative Agreement for the operation of the proposed library. AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COMMENTS: C/O'Connor reported on her attendance at the League of Cities Conference in Monterey. She asked that the City of D.B. adopt a policy to accept all Volunteens. In July she attended the Parole Officers Week festivities, the Sanitation District Meeting, the Joint Powers Insurance Authority annual meeting, and a farewell party for Foothill Transit Executive Director Julie Austin. On August 1 and 2 she attended the Contract Cities Executive Board Retreat. Today she attended the LA County Commission meeting on Local Governmental Services. The Diamond Bar Community Foundation submitted its first Community/Senior Center Tile order. The new tiles are slated to be in place prior to the opening of the facility. The Foundation raised funds in excess of $61,000 from the tile project. On Saturday, August 9 street signs will be sold at Sycamore Canyon Park at 9:00 a.m. Call the Foundation at 861-0090 to reserve signs. In light of the State Budget recently approved and the $700,000 loss to the City, she asked that staff look at expenses versus cost benefit to residents of the City's programs. ClZirbes encouraged residents to visit the City's website and review the Council's vision for the City for the current fiscal year outlined in the budget adopted during AUGUST v, 2003 PAGE 7 CITY COUNCIL and that there is only time to be kind and considerate of others and to enjoy tonight's meeting. He has been working with a number of neighborhoods regarding issues of traffic and neighborhood improvement. He reported that the Count Hills Towne Center is in escrow and the new property owner, a smallei develop r with experience in revitalizing local neighborhood centers, is very optimistic City's about bringing a supermarket to the center in the very near future. He was very tout ied by Mrs. Sauter's presentation and would contact her about participatinc in the Shoebox and leaving its reserves in tact. Project. C/Chang was pleased that Council approved the joint agreement for the library this evening. He commended DCM/Doyle for his work on the project. To fight's approval was the first step toward obtaining funding from the State Library Fund. He asked community members to look toward contributing to the facility. He chaired a seminar at the California League of Cities Conference on communication arid deali g with different ethnic situations and resolving and accepting those differen es. His rather contacted the Japanese type encephalitis through a mosquito bite The vir s was transferred from a pig found to be living close to his brother's propery. The hospital determined that his brother had encephalitis. Last week he visited iis broth r and the primitive neighborhood in which the pigs were kept. Upon inve tigation y the City Government, five or six pigs were found to have the same disease. Th s, is a tragic story that points out the importance of City Ordinances that are desig ed to protect the quality of life for residents. The virus is very serious for older indivi uals. He prays that his brother will recover from this disease. Remember that life is 'ragile and that there is only time to be kind and considerate of others and to enjoy life to the fullest. MPT/Huff wished C/Chang's brother a speedy and full recovery. It is a tough situation for the family. This morning MPT/Huff attended a Foothil Transit kickoff breakfast for incumbent Dorn Barnes who takes over the reigns f r Julie Austin, outgoing executive director. The state adopted a budget that trirr med the City's budget by about $700,000. Anticipating that the City would take a it, the Council adopted a budget that contained a $1 million cushion. He stressed that the City of Diamond Bar is in excellent financial shape and is moving forward 6vith its income and leaving its reserves in tact. M/Herrera was very sorry to hear about C/Chang's brother and knows that the residents pray for him and his family. M/Herrera serves on the T. J. Pendergast Parole Museum Board, a Diamond Bar museum. On July 23 the mu euro locc, ted in sponsored Parole Officer's Recognition Day. C/Chang and C/O'Con nor helped her present the Diamond Bar certificate. She thanked the organization f r their s rvice to the community. 7 �l AUGUST 5, 2003 PAGE 8 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the meeting at 8:23 p.m. -, Nancy wr ouse, Acting City Clerk The foregoing minutes are hereby approved this q1-1 day of August , 2003 Carol Herrera, Mayor