HomeMy WebLinkAbout10/7/2003 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
OCTOBER 7, 2003
STUDY SESSION: Mayor Herrera called the Study Sessi n to
order at 5:50 p.m. in Room CC -8 of the South Coast Air Quality) Manage ent
District/Government Center, 21865 E. Copley Dr., Diamond Bar, C.
Present: Council Members Chang,
Mayor Pro Tem/Huff and Mayor Herrera
Also Present were: Linda Lowry, City Manager; MikE Jenkins City
Attorney; Jim DeStefano, Deputy City Manager; David Doyle, Deputy City
Manager; David Liu, Public Works Director; Bob Rose, Community Se ices
Director; Lynda Burgess, City Clerk; Fred Alamolholda, SeniorEngineer; Ann
Lungu, Associate Planner; Sharon Gomez, Senior Management Aalyst, an Jim
Clarke, Consultant. rl
Public Comments: None Offered.
► DISCUSSION REGARDING LANDSCAPE MAINTENANCE OF PRIMATE
SLOPES - AssocP/Lungu presented staff's report.
Following Council discussion, M/Herrera asked staff to p epare an in-
depth funding proposal for review by CA/Jenkins and consid ration by the
City Council.
No. FUNDING OF IMPROVEMENTS AT STARSHINE PARK --CSD/ose
presented staff's report. He recommended Council approval of the re ated
agenda item during the regular City Council meeting.
► PUBLIC COMMENTS: None Offered.
ADJOURNMENT: With no further business to cor
adjourned the Study Session to the regular meeting at 6:25 p.m.
i
LYNDA BURGESS, City Clerk
The foregoing minutes are hereby approved this 21st day of
i
CAROL HERRERA, Mayor
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
OCTOBER 7, 2003
CLOSED SESSION: M/Herrera called the Closed Session t order 5:00
p.m. in Room CC -8, Government Center, South Coast Air Qualit Manag ment
District, 21865 E. Copley Dr., Diamond Bar, CA.
CONFERENCE WITH LEGAL COUNSEL:
► GOVERNMENT CODE SECTION 54956.9(b): THREATNED
LITIGATION AGAINST THE CITY — ONE CASE (L Iter from Allen
Matkins dated July 7, 2003)
► GOVERNMENT CODE SECTION 54956.9(b): THREATENED
LITIGATION AGAINST THE CITY — ONE CASE.
Closed Session adjourned at 5:40 p.m.
STUDY SESSION: M/Herrera called the Study Sess'on to orer at
5:5D p.m. in Room CC -8, Government Center/South Coast Air Qualit Manag ment
District, 21865 E. Copley Dr., Diamond Bar, CA.
Present: Council Members Chang, O'C nnor,
Mayor Pro Tem Huff and Mayor Carol Herrera.
Also Present were: Linda Lowry, City Manager; MikE Jenkins City
Attorney; Jim DeStefano, Deputy City Manager; David Doyle, Deputy City Manager;
David Liu, Public Works Director; Bob Rose, Community Services E irector; Lynda
Burgess, City Clerk; Ann Lungu, Associate Planner; April Blakey, Public Information
Manager; Fred Alamolholda, Senior Engineer; Sharon Gomez, Senio Manageent
Analyst and Jim Clarke, Consultant
No. DISCUSSION REGARDING LANDSCAPE MAINTENANCE OF PRI ATE
SLOPES
► FUNDING OF IMPROVEMENTS AT STARSHINE PARK
► Public Comments
RECESSED STUDY SESSION: M/Herrera recessed the Study Se sion at :25
p.m.
CALL TO ORDER: M/Herrera called the meeting to ord rat 6:39 p.m.
in the Government Center/South Coast Air Quality Management Distri t Audito 'um,
21865 E. Copley Dr., Diamond Bar, CA.
CA/Jenkins announced that during tonight's Closed Session, no pu lic comm nts
were offered. He reported that after consideration of both agenda it ms, the City
Council unanimously approved a Settlement Agreement with Pete & Sons.
OCTOBER 7, 2003 PAGE 2 CITY COUNCIL
1.
CM/Lowry reported that following the City Council discussion regarding landscape
maintenance of private slopes, direction was given to staff to prepare an in-depth
funding proposal to be reviewed by CA/Jenkins and forwarded to the City Council for
further consideration. CSD/Rose presented staff's report for Consent Calendar Item
6.17, funding of improvements at Starshine Park.
PLEDGE OF ALLEGIANCE: Joe Ruzicka led The Pledge of Allegiance.
INVOCATION: Reverend Samuel Liu, Mt. Calvary Lutheran
Church, gave the Invocation.
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; David Doyle, Deputy City Manager; James DeStefano, 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 requested the following changes:
include Mayor's Roundtable, October 23, 2003; change the requested amount on
Consent Calendar Item 6.6 to $25,000 from $75,000 as approved by the City
Council during Closed Session, and reschedule item 8.1 to the October 21, 2003
City Council Study Session and Regular Meeting.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presented Plaque and City Pin to former Planning Commissioner Joe
Ruzicka.
1.2 Proclaimed October 2003 as "Read Together Diamond Bar Month."
1.3 Proclaimed October 2003 as "Fire Prevention Month."
1.4 Introduced new Public Works staff members Javier Peraza, Management
Analyst and Juan Bermudez, Engineering Intern. (Mr. Bermudez was unable
to be present due to educational obligations)
BUSINESS OF THE MONTH:
1.5 Presented City Tile to Choon Young Lee and Kyoung Kim, owners, Papa G's
Pizza as Business of the Month for October 2003; and displayed video.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry
introduced DCM/DeStefano who reported on the October 29, 2003 Southern
California Association of Governments (SCAG) public workshop on linking land use
and transportation for this region. The City urged residents to participate by
OCTOBER 7, 2003 PAGE 3CITY COIJNCIL
registering online at www.socalcomoass.ora or contacting SCAG.
3. PUBLIC COMMENTS: Michael Zullo felt that multi -way stop sign on S.
Palo Cedro Dr. and Eaglenest Dr. would unnecessarily impede traffi flow. (C nsent
Calendar Item 6.8)
Eileen Ansari asked Council Members to place service to the City above petty
politics, run a clean campaign and be willing to be judged on their merits. She
spoke about the League of Sensible Government and showed documents relal ing to
that political action committee.
Paul Toma, T.H. Pendergast Parole Museum, thanked M/Herrera for her active
support as a Director. He invited the City Council to the Museum's October 21
Grand Opening, 21015 Pathfinder Rd.
Marsha Hawkins, Friends of the Library, thanked the Council Members for
participating in the 5K Run/Walk that kicked off "Read Together Di mond Bair."
Eileen Lazarre said that although she has complained about the street
sweeping,
debris is still left behind. She complained about the traffic and the
impossible
transition from Pathfinder Rd. onto the SR 57 and stated that motorists
the SR 60 West to exit at Brea Canyon Rd find the exit is closed and
who get
have to
on
go to
Nogales or Fairway. She asked if Caltrans could warn motorists sooner
th
t the
onloff ramp is closed. Speaking on behalf of the Allegro HOA, she
expressed
concerns about the increased cost for their trash -hauling contract with
Valley
Vista
which has gone from $1,500 per month to $3,193.23 this month.
She asked
the
Council for relief.
Lydia Plunk was surprised and shocked at the tone and demeanor of communication
she received from a Commissioner. She felt Commissioners should be pro erly
trained in professional decorum. She asked if Commissioners were considered to
be government officials.
Marie Buckland said that earlier in the day, she and her husband wi nessedCity
employee selectively removing candidates' signs. She asked for an xplanati n of
the Sign Ordinance.
Jeff Koontz, Diamond Bar Chamber of Commerce Executive Directc r, announced
that the Chamber would be joining with other San Gabriel Valley Chambers to
present "Taste of San Gabriel Valley." He said that the event is slatE d for Oct ber
18 at Mt. SAC from 1:30 to 3:30 p.m. and will host 17 food booths.
Mary Matson asked why there are continuing problems with the Saturday and
Tuesday replays of the City Council meetings. She opposed Consent Calendar
Item because she felt the City had extensively advertised the upcoming election and
that the City should not spend more money on this issue. She felt 1he camp ign
should be fair and equal and the Sign Ordinance should be enforced accordi alv.
OCTOBER 7, 2003 PAGE 4 CITY COUNCIL
Edda Gahm thanked the City Council for their good work on behalf of the citizens
and for providing D.B. with great events and a Community/Senior Center. She
suggested the City provide Sign Ordinance rules and regulations booklets.
4. RESPONSE TO PUBLIC COMMENTS: CA/Jenkins explained that a
Commissioner is a government official when they perform their service as a
Commissioner. He stated that they are not public officials when they act in a private
capacity. He asked for an opportunity to review the material referred to by Mrs.
Plunk in order to properly advise the Council.
CM/Lowry stated that Public Works staff would work with Mrs. Lazarre regarding the
costs trash hauling at the Allegro condominiums.
PIM/Blakey reported that staff continues to monitor the City's television equipment
for rebroadcast.
MlHerrera agreed that there was no place for dirty politics in D.B. She implored
everyone to reconsider strategies and tactics and to keep the campaign clean.
5. SCHEDULE OF FUTURE EVENTS:
CM/Lowry announced the agendized Schedule of Events as the items were
presented on the Auditorium television screen.
6. CONSENT CALENDAR: C/Chang moved, C/Zirbes seconded to approve the
Consent Calendar, with the exception of Items 6.8 and 6.13. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, O'Connor, Zirbes, MPT/Huff,
MlHerrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED CITY COUNCIL MINUTES —
6.1.1 Study Session of September 2, 2003 — As submitted.
6.1.2 Regular Meeting of September 2, 2003 - As submitted.
6.1.3 Study Session of September 16, 2003 — As submitted.
6.1.4 Regular Meeting of September 16, 2003 — As submitted.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES
6.2.1 Regular Meeting of August 26, 2003.
6.2.2 Regular Meeting of September 3, 2003.
6.3 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES
— Regular Meeting of August 28, 2003.
OCTOBER 7, 2003 PAGE 5 CITY CO NCIL
6.4 APPROVED WARRANT REGISTERS - dated September 18, 2003,
September 25, 2003, and October 3, 2003 in the amount of $1,048,6 45.11.
6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT - month of
August 2003.
6.6 APPROVED CREATION OF A LINE ITEM IN THE CITY'S 13UDGET AND
APPROPRIATED $25,000 FROM GENERAL FUND RESERVES FOR
PERSONNEL ACTIONS.
6.7 ADOPTED RESOLUTION NO. 2003-55 APPROVING INST�4LLATI0�1 OF
STOP SIGNS ON HIGH KNOB RD AT SEAGREEN DR. II
6.9 ADOPTED RESOLUTION NO. 2003-56 TO RENEW AUTHORIZATION FOR
REPRESENTATIVES OF THE CITY TO ACQUIRE FEDERAL SURPLUS
PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS
PROPERTY.
6.10 APPROVED SECOND READING AND ADOPTED OR INANCE NO.
03(2003) AMENDING DIAMOND BAR PREFERENTIAL PARKING
DISTRICT NUMBER ONE TO ESTABLISH PREFERENTI L PARKING
RESTRICTIONS ON SUNBRIGHT DRIVE AND WHITE STA DRIVE AND
AMENDING THE DIAMOND BAR MUNICIPAL CODE AGC RDINGL .
6.11 AWARDED CONTRACT 1N THE AMOUNT OF $24,000 TO HE PACIFIC
INSTITUTE FOR CONSULTING SERVICES TO PROVIDE STAFF AND
ORGANIZATIONAL DEVELOPMENT.
6.12 ADOPTED RESOLUTION NO. 2003-57 AMENDING THE FY 2003-04
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM IN THE
AMOUNT OF $48,745 FOR FUNDING FOR THE YMCA, HOME
IMPROVEMENT PROGRAM AND SIDEWALK PROJECT.
6.14 AUTHORIZED DISPOSAL OF TEN SURPLUS COMP
6.15 AWARDED MAP/PLAN CHECKING AND INSPECTION SERVICE
CONTRACTS TO HALL & FOREMAN, INC.; DGA CONSULTANTS, NC.
AND BRYAN A. STIRRAT & ASSOC. FOR A PERIOD OF THREE YEARS -
6.16
E RS_
6.16 ADOPTED RESOLUTION NO. 2003-58 AUTHORIZING EXECUTION O AN
AGREEMENT TO SECURE FUNDS IN THE AMOUNT OF 84,338 FOR
THE JOBS HOUSING BALANCE INCENTIVE GRANT P OGRAM TO
FUND PARK IMPROVEMENTS AT STARSHINE PARK.
6.17 APPROVED APPROPRIATION OF GRANT FUNDS IN THE 2003-0 FY
STARSHINE PARK IN THE AMOUNT OF $225,000. BUDGET TO CONSTRUCT ADA AND PARK IMPROVEMENTS
AT
OCTOBER 7, 2003 PAGE 6 CITY COUNCIL
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.8 ADOPT RESOLUTION NO. 2003-59 APPROVING INSTALLATION OF
MULTI -WAY STOP SIGNS ON SOUTH PALO CEDRO DR. AND
EAGLENEST DR.
Fallowing a presentation by PWD/Liu, MPT/Huff moved, C/Zirbes seconded,
to adopt Resolution No. 2003-59. Motion carried 5-0 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
6.13 VOTER PARTICIPATION MAILING -Consider authorizing citywide "get out
the vote" mailing.
MPT/Huff and M/Herrera felt the mailing would be helpful in clearing up
confusion for voters because there are two elections within a 30 day period.
C/Zirbes offered that if a motion were to be made he would go the direction of
the Council, which could include leaving the decision in the hands of the City
Manager.
C/O'Connor explained that a Council Member, not the City Manager,
requested that this item be added to the agenda. She felt there was
sufficient opportunity for voters to be apprised of the upcoming local election.
She asked staff to elaborate.
PIM/Blakey stated that several articles had been prepared on both the
statewide and local elections in the August and October newsletters and that
an additional article for the local election is scheduled to run in the November
newsletter. She further stated that slides have been running on D.B. TV as
well as the kiosk in front of City Hall. Three web pages that describe both the
statewide and the local elections are listed on the Meeting and Event
calendar on the City's web site.
C/Chang said that staff has done an excellent job in bringing these matters to
the attention of the residents and the City should avoid setting a precedent.
MPT/Huff found it interesting that certain Council Members were debating
against one of the Council's highest goals — better communication with its
residents.
C/Zirbes asked if future publications would contain voter information.
OCTOBER 7, 2003 PAGE 7 61TY C06NCIL
CM/Lowry responded that most households should receive their next
newsletter prior to the election. That publication contains voter information.
Eileen Lazarre felt an additional mailing would be overkill, Residents know
about the election because the community is full of signs.
Jack Tanaka agreed with Mrs. Lazarre. He felt that candidates hav had
ample opportunity to reach the voters.
Mary Matson agreed with the prior two speakers. She said t at, in ad ion,
all registered voters receive a ballot through the mail letting hem kno the
date to vote.
Marie Buckland felt it was unnecessary to spend an additional $3,500 of
taxpayers' money. II
M/Herrera fest the mailing was a public service and courtesy t the resi
and that today's election resulted in a great deal of confusio .
Moved by MPT/Huff, seconded by M/Herrera to approve VotE r Participation
Mailing. Motion failed 3-2 by the following Roll Call vote:
AYES: COUNCIL MEMBERS - MPT/Huff, M/Herrera
NOES: COUNCIL MEMBERS - Chang, O'Connor, Zirbs
ABSENT: COUNCIL MEMBERS - None
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 APPROVE FIRST READING OF ORDINANCE NO. XX(2003)
REGARDING
MUNICIPAL CODE PENALTY PROVISIONS AND AMENDING
THE
DIAMOND BAR MUNICIPAL CODE — Continued to October
1, 2003.
8.2 ADOPT RESOLUTION NO. 2003-60 APPROVING THE FACILITY
JSE
POLICIES AND FEES FOR THE SENIOR CENTER/COMMUNITY
CENTER
— CSD/Rose presented staff's report including recommended
changes
Chief Nieto responded to C/O'Connor that if users use candles
provided
by
the facility the permit would be issued for the facility. He explained
t
at if
someone wants to provide candles other than those permitted
facility,
for use a
the
the fire department could approve or deny the use.
C/O'Connor asked for Council's approval to permit the
use of
`fire
department approved candles."
OCTOBER 7, 2003 PAGE 8 CITY COUNCIL
C/Zirbes asked if it would be prudent to rent permitted candles rather than
ask renters to provide their own. CSD/Rose agreed.
MPT/Huff felt it would be just as prudent to ask renters to provide their own
candles in accordance with the rules set forth by the City rather than require
people to rent candies from the City. He supported use of tea lights.
M/Herrera agreed with C/Zirbes that staff should work with the fire
department to determine a sampling of acceptable candles and offer the
desired approved candies as part of the rental fee. In that way, the City
would be assured that only fire department approved candies were used.
There was no one present who wished to speak on this item.
C/O'Connor moved, MPT/Huff seconded, to adopt Resolution No, 2003-60
including changes recommended by staff with the addition of provision
approving the use of "fire department approved candles." 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
9. COUNCIL SUBCOMMITTEE REPORTSICOUNCIL MEMBER COMMENTS:
C/O'Connor reported that on September 20, about 30 Youth Master Plan
stakeholders met at Heritage Park. She said she attended the county sponsored
She further stated that on September 26, she attended the Diamond Bar Day at the
L.A. County Fair and announced that D.B. hero Clarence Brown was recognized.
She also attended the "Meals on Wheels" event recognizing donors. She meeting
"Empowering the County Commissioners" on September 22. stated that on October
1, she attended the Chamber of Commerce Networking Breakfast, an excellent
opportunity for business networking and marketing. She said she attended a
presentation by the City's consultant and staff members on the Youth Master Plan to
the Walnut Valley Unified School District Board. She further reported that she had
she attended a California Cities Contract Association Conference the past weekend.
She wished her daughter Sarah a Happy 20`" Birthday.
C/Chang thanked those who voted today and hoped the voters elected a governor
that would lead the state out of trouble. He asked voters to vote in the D.B. election
on November 4. He said he was pleased to see such a good turnout.
C/Zirbes congratulated the Friends of the Library on a successful 5K run. He hoped
the Friends would continue the event on an annual basis. He also congratulated the
Adel and Gerndal residents for their efforts to obtain a sound wall from Caltrans. He
reported that he had traveled to Palm Springs with M/Herrera and staff members to
attend the International Shopping Center Convention. He congratulated PIM/Blakey
and her staff for putting together a great booth that generated a great deal of interest
OCTOBER 7, 2003 PAGE 9 CITY
for D.B. He announced that the Country Hills Towne Center was recently
CO
purc
NCIL
ased
by Mike McCarthy, who has a great deal of energy and experience,
in purchasing
similar types of centers. He said that Mr. McCarthy has a lot of plans
for the
center
and has a lot of interest from some of the same supermarket players
that C
uncil
Members have been entertaining. He announced that he and C/Ch
ng conti
ue to
work on neighborhood improvement issues and look forward to consideratior
of an
ordinance at Council's next meeting. He further announced that 20 team
members
will meet this Thursday, a first meeting in a series of seven meetings
between
now
and March 18 anticipating a report to the City Council in April 20C
4. He s
id he
visited the Community/Senior Center with DCM/Doyle and found the
roject to
be on
track. He asked Council to consider at the next meeting, an e
genda it
ern to
consider hanging a purple and gold sign from the D.B.H.S. signal
that
'eads
"Brahma Boulevard."
MPT/Huff announced that he had attended various meetings during
the past
three
weeks — Council of Governments, Alameda Corridor East, Footh II Transit,
and
briefing meetings for all of the aforementioned. He stated that an
C/Zlrbes
met
with Ping Pong players at Heritage Park and that, generally, players are lined
up
four to five deep waiting their turn. He said it is a popular sport and
because
there
are an insufficient number of tables, there is little opportunity for novices.
HE.,
also
announced that he had attended the Chamber networking breakfast,
Meals
on
Wheels recognition and participated in the 5K run, Diamond Ranch
High School
Panther Booster Casino Night and the Council of Government President's
Co
ncll.
In speaking with a number of residents, he said that people are generally happ
I and
upbeat and pleased with the direction of the City. He indicated that the
Counc
I has
worked diligently and responsibly to improve the City. When
voting, pease
remember the Council Members that brought the City to this point.
M/Herrera stated that she is the appointee for the Trans
ortation
and
Communication Committee for SCAG. She said that, after attending
a coul
le of
meetings, she has learned that the Regional Transportation Plan for
the next
hree
years contains a truck traffic study component that addresses the Long
Beact
and
Los Angeles Port expansion. She reported that cargo arrives via rail
and truck
and
moves by truck down the 710 Freeway to the SR 60 t the 15 Freeway
and the
plan
is to build lanes above current traffic lanes for truck travel at a cost of
several t
illion
dollars. She indicated that she had asked how the plan would be funded
anc
that
the reply was "private funding." She said she also asked the source
of the p
ivate
funding, she was told it would come from the trucking industry. Sh
said she
also
inquired about what would happen if the trucking industry refused to or
were u
able
to pay for the project and that there was no response. She reported
that shE
had
also asked why other freeway routes were not being considered and
fated th
she
continues to challenge SCAG's recommendations because D.B. does
not wart
the
SR 60 to contain designated truck lanes and the residents do not want
a double-
decker freeway with increased truck traffic. She commented on her
attendance
at
the International Council for Shopping Center Conference and the
nterest 1
the
Country Hills Towne Center. She reported that, during the past five
ears, p
ople
have asked why D.B. cannot attract a Trader Joe's and during th
confer
nce,
Trader Joe's refused to schedule an appointment with officials from
B. She
OCTOBER 7, 2003 PAGE 10 CITY COUNCIL
proposed that staff agendize a proposal for marketing Trader Joe's for the October
21 Council meeting and suggested that the City approach Trader Joe's in a manner
similar to that carried out by the City of Monrovia. Council concurred.
10. ADJOURNMENT: There being no further business to conduct, M/Herrera
adjourned the meeting at 9:12 p.m.
LYN A BURGESS, CITY CLERK
The foregoing minutes are hereby approved this 21't day of October , 2003.
L
CAROL HERRERA, MAYOR