HomeMy WebLinkAbout8/19/2003 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
AUGUST 19, 2003
STUDY SESSION: M/Herrera called the Study Session to order at 6:05 O.m. in
Room CC -8 of the Government Center/South Coast Air Qualit Managment
District, 21865 E. Copley Drive, Diamond Bar, CA. r r
Present: Council Members Chang, O'Connor, Zirbes, Mayor Pro Terr Huff,
Mayor Herrera.
Staff present: Linda Lowry, City Manager; Mike Jenkins, CityAttorney; Dave
Doyle, Deputy City Manager; James DeStefano, Deputy City Manager; Dav d Liu,
Public Works Director; Bob Rose, Community Services Director; Sharon G mez,
Management Analyst; April Blakey, Public Information Manager; and Nancy
Whitehouse, Acting City Clerk
DISCUSSION OF POLICY REGARDING CITY COUNCIL MIN
C/O'Connor said she noticed a change in the July City Council minutes. She
stated that when she spoke with CM/Lowry, she was told that the c ntract
minutes secretary was still doing the minutes but that she ( M/Lowrywas
attempting to provide the Council with action minutes rather than more dEltalled
minutes. C/O'Connor felt it was important for Council comments lo be
incorporated in the minutes so that residents and Council MembE rs were i iware
of what was discussed. She asked for Council support to continue as the C until
had previously requested.
M/Herrera said that historically, the Council minutes have reflecteJ conversation
that was pertinent to Council direction. She did not believe the Cc until had ever
asked for verbatim minutes. But certainly they should reflect Council direction
and important points made by Council Members that were relevant to future
actions.
C/Zirbes noticed that the last two sets of minutes were different. a agreed with
C/O'Connor that occasionally Council Members make observa ions that are
pertinent to the way they vote. From time to time it is helpful to te able to look
back in the minutes and reflect on the discussion. He was not c:)ncernec with
who did the minutes but would like to go back to how they were being done n the
past. When Council Members change it takes time to get used to how they ould
like to have the minutes recorded because each Council Member has dif erent
ideas about what the minutes should look like. He agreed that the last cou le of
sets of minutes were different and he would prefer that the Cour cil gob ck to
something similar to what had been provided. He was concerned about to king
back into the record and being able to see conversation and discission a well
as, points that were raised during the discussion. The minutes wo Id still inicate
the action taken and reflect the vote of the Council
AUGUST 19, 2003 PAGE 2 CC STUDY SESSION
C/Chang felt there was nothing wrong with the minutes. He felt that by taking
time to include more of the discussion it retained the integrity of the meeting. He
would prefer that the Council continue to have some discussion detail in the
minutes and not revert to strictly action minutes. If he wanted to recall past
discussions he might have to listen to the tape to remember what was said. He
did not see any problem with the minutes. He had no objection to the City taking
back the job of doing the minutes. It could present a burden to staff but that could
be overcome. He wanted consistency and continuity. Several times in the past
the entire discussion was skipped and that should be changed.
M/Herrera asked C/Chang to verify that he wanted to see more commentary as
the Council had seen in the past. C/Chang responded "yes."
MPT/Huff referred to a copy of minutes from the City of Brea. He said it was an
example of what the Council did not want to have. The Brea minutes were most
likely what would be considered "action" minutes because it indicated the action
without any commentary. He liked minutes that were clean and not too verbose
and he felt that was what the Council was being provided.
M/Herrera agreed minutes should not be just action minutes because they did
not share information. However, she did not want to drift into the arena of having
everyone's comments included in the minutes to the extent that they became
verbatim minutes. It would be too costly and time consuming for staff and
residents to wade through the minutes to find out what had occurred. She felt
staff had direction from the majority that Council Members liked the minutes that
have been provided in the past and wished to continue in a fashion similar to six
months ago.
C/O'Connor agreed that Council was not looking for verbatim minutes. She felt
the Minutes secretary had done a good job and with direction, she would modify
the minutes accordingly.
C/Zirbes reiterated that he was not concerned about who did the minutes. He
was only concerned about how they were presented to the Council.
PUBLIC COMMENTS
Clyde Hennessee, Diamond Bar resident, agreed that it was important to include
reasons for Council agreement and disagreement on issues. He also felt it was
important to include clarifying statements from residents instead of merely stating
that someone agreed or disagreed.
CM/Lowry stated that the two sets of July minutes were prepared by the Acting
City Clerk and were not prepared in advance by the contractor because the
meetings were brief. The other minutes were reviewed more carefully since the
bond decision last winter because the recordation of the finance transaction
D
C.
AUGUST 19, 2003
PAGE 3
CC STUDY SESSION
undertaken by the Council was significantly inaccurate. From th point fc rward
she has spent more time reviewing the minutes. She advised C unci) that she
could not go back to a level of work that was unsatisfactory to her anJ she
wanted Council to understand that she would be reviewing ti e minut s for
accuracy and making corrections to those minutes prior to insertin 3 them ir to the
Council packets. She wanted Council to understand that minutep would of be
the handiwork of a contractor not subject to her review. he asked for
clarification of M/Herrera's "six-month" comment.
C/O'Connor agreed that the minutes should be reviewed. AccurIcy is
and that is the reason the Council Members review them as well.
M/Herrera said that when she referred to six months ago sheprobably Should
have said a couple of months ago.
MPT/Huff recalled that policy set by a Council several years lago callpd for
"Action" minutes. He felt that the term should be revised to reflet this Co ncil's
wishes for content.
M/Herrera stated that Council did not wish either extreme of "Actin" or
"Verbatim" minutes.
CM/Lowry said that in her experience, when city government is bE coming c ifficult
and goals are becoming blurred and priorities being lost, m nutes become
verbatim because no one is willing to take responsibility for c eating a clean
record.
ADJOURNMENT: With no further business before the C�uncil,
M/Herrera adjourned the study session at 6:20 p.m.
Nancy B,,Whitehouse, Acting City Clerk
The foregoing minutes are hereby approved this 2ND day of__ S'Z T.EMsER
2003.
Carol Herrera, Mayor
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
AUGUST 19, 2003
CALL TO ORDER: M/Herrera called the meeting to order at 6: W p.m. in the
Auditorium of the South Coast Air Quality Management District/Government Center
Building, 21865 E. Copley Drive, Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Ilegian
INVOCATION: Bishop Mark Gardiner, Church of Christ of Lat er Day
presented the invocation.
ROLL CALL: Council Members Chang, O'Connor, Zirbes, ayor Prod Tem
Huff, Mayor Herrera.
Staff present: Linda Lowry, City Manager, Mike Jenkins, City Attorney, David
Doyle, Deputy City Manager; James DeStefano, Deputy City Manager; Davi J Liu,
Public Works Director; Bob Rose, Community Services Director; Lir da Magn ison,
Finance Director; Fred Alamolhoda, Senior Engineer; April Blakey, Public
Information Manager; Sharon Gomez, Management Analyst; Torr mye Cri bins,
Acting Executive Assistant; and Nancy Whitehouse, Acting City Clrk.
APPROVAL OF AGENDA: As presented.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
Presentation of Certificate of Recognition for 1000 Hours of Service to Volunteer
Patrol Members Pat Engelke, Bob Reppenhagen, and Machiko T naka. L . Joe
Maxey accepted the certificate prepared for John Rhee, who was absent ue to
sustaining injuries in a traffic accident Sunday.
CITY MANAGER REPORTS AND RECOMMENDATIONS: None
PUBLIC COMMENTS:
Kathleen Newe, Friends of the Library, thanked Council Members for co-spo
"Read Together Diamond Bar' Month in October. The 5K Walk/Run/Bike
commences at 8:30 a.m. on October 4, 2003 at Basically Books, the on -pro
in the Country Hills Towne Center.
Natalia Porche, Environmental Justice Coordinator, South Coa t Air Q ality
Management District, reported on the District's efforts toward mitigat ng air pol ution
through the education and cooperation of cities and other governm ntal ager cies.
Clyde Hennessee, Diamond Bar resident, asked Council Members 10 look at what
the street sweeper !eft in about a mile of gutter on the south side of S nset Cro sing
Road. The sweeper did nothing but leave dust residue on cars arid houses and
create breathing problems for some people. He felt that the City ould be better
served to purchase or lease a street sweeper and control the proce s.
AUGUST 19,2003 PAGE 2 . CITY COUNCIL
Mary Matson, Diamond Bar resident and past participant of the Mayor's Roundtable
Breakfast, felt the event was worthwhile. She wanted to know why the City had
spent $1,920 on advertising for a breakfast that would serve only 20 individuals. She
wanted to know why the Council decided to eliminate a concert that would serve
about 1,000 individuals due to lack of funding and sponsor an event for 20 people at
a cost of nearly $100 per person and who authorized the expenditure.
Marie Buckland, Diamond Bar resident, was very concerned about the Council's
intent for the minutes. Minutes are official records and how are citizens supposed
to know what has occurred. Is the Council eliminating the minutes? What is the
Council's intent?
RESPONSE TO PUBLIC COMMENT:
M/Herrera responded to Ms. Matson that the Mayor's Roundtable was started about
two years ago. The event accommodates about 20 people and there is no charge to
residents who attend. The City's Parks and Recreation budget, not the advertising
budget, pays for the event.
M/Herrera explained to Ms. Buckland that during the earlier study session Council
determined they wanted action minutes that included some detail. They rejected
"Action" and "Verbatim" minutes. She assured Ms. Buckland that the City would
continue providing Council minutes.
SCHEDULE OF FUTURE EVENTS:
Diamond Bar Community Foundation Meeting — August 21, 2003 — 7:00 p.m.,
Government Center AQMD Conf Room CC -8, 21865 E. Copley Drive.
Planning Commission — August 26, 2003 — 7:00 p.m. Government Center/ AQMD
Auditorium, 21865 E. Copley Drive.
Parks And Recreation Commission Meeting — August 28, 2003 —
7:00 p.m., Government Center/AQMD Hearing Board Room, 21865 E. Copley Drive.
Mayor's Roundtable — August 28, 2003 — 7:00 a.m., Government Center/AQMD
Cafeteria, 21865 E. Copley Drive.
Labor Day Holiday — September 1, 2003 — City Offices closed. City Offices will
reopen on Tuesday, September 2, 2003.
City Council Meeting — September 2, 2003 — 6:30 p.m., Government Center/AQMD
Auditorium, 21865 E. Copley Drive.
AUGUST 19, 2003 PAGE 3 CITY COUNCIL
CONSENT CALENDAR:
Moved by C/Chang, seconded by C/Zirbes to approve the Consent Calendar with
the exception of Item 6.1.1. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, M T/Huff,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 Approved City Council Minutes:
6.1.2 Closed Session and Regular Meeting of August l�, 2003 r As
submitted.
6.2 Received And Filed Planning Commission Minutes - Regula Meeting) of
July 8, 2003.
6.3 Approved Warrant Registers — dated August 7, 2003 and Aug ist 14, 2C 03, in
the amount of $290,296.03.
6.4 Denied Claims:
6.4.1 Mary Apodaca filed on July 23, 2003, and
6.4.2 Justin Lawler filed on August 4, 2003.
6.5 Accepted Dynalectric's Rescission Of Contract, Rescinded Co 1tract Awarded
To Dynalectric, and Rejected All Bids For The Traffic Signal Modifi ation
Project At Grand Avenue/Shotgun Lane, Brea Canyon oad/Lyc ming
Street, and Golden Springs Drive/Ballena Drive.
6.6 Adopted Resolution No. 2003-49 Opposing SB 966 (Alarc n): Preailing
Wages On Public Works Contractors' Costs.
6.7 Adopted Resolution No. 2003-50 Supporting SB 196 (Kuhl): Cali#ornia
Regional Water Quality Control Board.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.1.1 Study Session Minutes of August 5, 2003.
MPT/Huff requested that "wedding" be inserted in the fifth line on Prage 4, re�ding
"....wedding service."
MPT/Huff moved, C/Zirbes seconded, to approve the Study Sessi n Minu es of
August 5, 2003 as corrected. Motion carried by the following Roll Call vote:
AUGUST 19, 2003 PAGE 4 CITY COUNCIL
AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
PUBLIC HEARINGS:
Adopt Resolution No. 2003-51: Congestion Management Program Conformance
Report — DCM/DeStefano presented staff's report.
DCM/DeStefano responded to C/O'Connor's question about how D.B. compares to
other cities that D.B. has significantly more credit balance than most cities because
of the traffic improvement projects and lack of significant development in recent
years. Therefore, D.B. has more credit balance to offer for sale.
M/Herrera opened the Public Hearing at 7:14 p.m.
There was no one present who wished to speak on this matter.
M/Herrera closed the Public Hearing at 7:14 p.m.
C/Chang moved, MPT/Huff seconded, to Adopt Resolution No. 2003-51. 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
COUNCIL CONSIDERATION:
Discussion and Direction Of City Council Minute Policy.
C/O'Connor explained that she asked Council for concurrence to continue with
minutes that reflected limited detail and discussion on pertinent issues and included
comments that would allow residents to easily understand what occurred during
Council meetings.
There was no one present who wished to speak on this matter.
MPT/Huff moved, C/Zirbes seconded, that the Council amend the current policy to
modified action minutes that include minimal discussion and comment on pertinent
items. 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
AUGUST 19, 2003 PAGE 5
TY COUNCIL
COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COMMENTS:
C/Chang felt that for the most part, the D.B. traffic was under control '
o trol. Th high
density of traffic signals allows the City to regulate its traffic flow tot a conve ience
of its residents, not to the convenience of the cut -through traffi . He updated
residents on the status of the SR 57/60 HOV project and the resulting traffic
impacts. Although the City will suffer significant inconvenience durir g the pro ect, it
will result in a great benefit to the City and the freeway system. When funding is
available, the City will work to correct the merging at the Grand off -r mp. He asked
the Mayor to adjourn tonight's meeting in memory of long-time residnt Jack Tillery,
a very good friend to D.B. and its residents.
C/O'Connor spoke about the loss of Jack Tillery, a great friend and upporter f the
community. She expressed her condolences to the Tillery family. ack Tille will
be sorely missed.
C/Zirbes wished the family of Jack Tillery well. In memory of Mr. Till�ry, he wit held
further comment.
MPT/Huff clarified that the current $80 million SR 57160 HOV pro ect is a tate-
funded project. D.B. does not build sound walls but it works on behalf of clients to
see that areas meet criteria for sound walls and works with the state to fund such
projects. He found out only this evening after returning from a two-week trip that
friend Jack Tillery had passed away. He shared the feelings of his olleague and
expressed his regrets to Eileen, her family, and friends. I f
M/Herrera was confident that staff was in constant touch with Cal raps
representatives in an effort to minimize traffic impacts and ramp closures. t the
City's request, CalTrans posted large signs along the freeway to let drivers now
that large trucks were not allowed on D.B. surface streets. Co ncil and staff
continue to work with CalTrans, a large state agency, to mitigate, o the greatest
extent possible, negative impacts to D.B. residents. Four COL ncil Members
attended Jack Tillery's funeral today. It was very sad to have suc a good friend
pass and it was very heartwarming to see over 300 people in the char h to cele rate
his life. This community will miss Jack Tillery very, very much.
ADJOURNMENT: There being no further business to con
adjourned the meeting at 7:30 p.m. inn memory of Jack Tillery._
house;. Acting City Cle
The foregoing minutes are hereby approved this 2nd day of
&4W4A6S-,
Carol Herrera, Mayor