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HomeMy WebLinkAbout11/4/2003 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 4, 2003 CLOSED SESSION: None. STUDY SESSION: None. CALL TO ORDER: Mayor Herrera called the meeting to order6:35 p.m. in the Auditorium of The Government Center/SCAQMD, 21865 E. Cop[ Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of All INVOCATION: Darin Esplin, 2nd Councilor, Church of Jesus of Latter Day Saints, gave the invocation. ROLL CALL: Council Members Chang, O'Cclnnor, Zirbes, Mayor Pro Tem Huff, and Mayor Herrera. II Also present were: Linda Lowry, City Manager; Mike Jenkins City Attorney; Jim DeStefano, Deputy City Manager; David Doyle, Deputy City Mar ager; David Liu, Public Works Director; Bob Rose, Community Services Director; inda Magnuson, Finance Director, April Blakey, Public Information Manager and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: CM/Lowry requested removal of Item 6.6 from the Agenda and suggested moving Item 6.9 from the Consent Calendar to "Council Consideration." 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaimed November 15, 2003 as "America Recycles Day." 1.2 Introduced Ed Flacks, Neighborhood Improvement Officer. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None O red. 3. PUBLIC COMMENTS: Jimmy Linn stated that when Council candidate Tony Torng requested a perr lit to hold a public assembly he was told by City staff that organized rallies mere prohibited in the City of D.B. However, he said that City Management told hirr that Mr. Torng was misinformed and he hoped it was an innocent mistake by staff. He said that on Sunday afternoon about 40 supporters of Council candidates held r Ilies at the corner of Diamond Bar Blvd. and Grand Ave. without permits and felt that City ordinances should be observed equally with violators being prosecuted He recommended that the City's Code Enforcement Officer and the City Prosecutor pursue this matter to finality with proper action taken against the two individuals. NOVEMBER 4, 2003 PAGE 2 CITY COUNCIL Mary Matson felt that four Council candidates kept their campaigns clean and followed the City's ordinances. However, she felt that candidates Huff and Herrera violated the sign ordinance. Regarding public rallies, she said she was also told that public rallies were disallowed by ordinance, yet on Monday evening at 6:00 p.m. on the corner of Golden Springs Drive and Grand Avenue, candidates Huff and Herrera staged a public rally without permits. Vinod Kashyap said he was very disturbed that during the recent election campaign his name and address were published and that his name was used to endorse a candidate he could not support. He was very uncomfortable with such exposure and the potential threat to his family's existence. Anna Mercado spoke on behalf of Eileen Ansari. She pointed out that the Minutes of October 21 should reflect that the amount Mrs. Ansari quoted regarding the funds given by the Larouche Land Company to the League of Sensible Californians political action committee should have been $16,600. She asked candidates Herrera and Huff to stand by their campaign promises and each return $8,000 to the League of Sensible Californians. Marie Buckland felt there was too much money being spent on the campaign and that public rallies compromised public safety. .Joe McManus stated there were gross misrepresentations about him and his family with regard to the League of Sensible Californians Political Action Committee. Lydia Plunk thanked candidates for the overall campaign fairness. She was surprised that individuals would challenge public speech. Clyde Hennessee felt there were truths and untruths spoken during public comments tonight. He again encouraged people to attend more City meetings in order to be better informed about the City's inner workings and ordinances. 4. RESPONSE TO PUBLIC COMMENT- CM/Lowry responded to Mr. Linn that there was a misunderstanding between Mr. Torng and City staff regarding the permit process. She said that, because of the misunderstanding, staff was incorrectly characterized as being biased. M/Herrera explained that there were only 20 people on two street corners in her group rallying on her behalf, not the 40 to 50 people on four corners that someone indicated. She stated that she had paid for 900 signs that disappeared within hours of being placed throughout the City. She felt that she had spent less on her campaign than some of the other candidates. MPT/Huff stated that no one spoke tonight about the large banners illegally posted by another candidate or about the multiple numbers of signs appearing in tree wells. He indicated that the large signs supporting his campaign were paid for and put up NOVEMBER 4, 2003 PAGE 3 CITY COUNCIL by individuals not related to his campaign. He felt that the campaign piece naming Jeff Hull referred to by Mr. Kashyap was a classic hit piece without accountability. M/Herrera hoped that if she and MPT/Huff were re-elected tonight that se erely damaged relationships could be mended and that the Council and staff could ove forward to properly conduct the City's business on behalf of its residents. 5. SCHEDULE OF FUTURE EVENTS: 5.1 VETERAN'S DAY HOLIDAY — Tuesday, November 11, 2003 — Cit Hall Closed. Will reopen Wednesday, November 12, 2003. 5.2 PLANNING COMMISSION MEETING — November 11, 2003 — Due o the Veteran's Day Holiday, this meeting will not be held. 5.3 CALTRANS MONTHLY MEETING — November 12, 2003 — 6:00 p.m., Government Center/SCAQMD Room CC -6, 21865 E. Copley Dr. 5.4 YOUTH MASTER PLAN "THE YOUTH THINK TANK" — November 12, 2003 — 6:00 p.m., Diamond Ranch High School, 100 Diamond Ranch Dr. 5.5 TRAFFIC AND TRANSPORTATION COMMISSION MEETING —Nov mber 13, 2003 — 7:00 p.m., Government Center/SCAQMD Hearing Board oom, 21865 E. Copley Dr. 5.6 YOUTH MASTER PLAN STEERING COMMITTEE— November 14,2P03- 11 4,203- 11 a.m., Government Center/SCAQMD Room CC -2, 21865 E. CopleV Dr. 5.7 VETERAN'S RECOGNITION— November 18,2003; 6:30 p.m., Center/SCAQMD Auditorium, 21865 E. Copley Dr. 5.8 CITY COUNCIL MEETING — November 18, 2003 — 6:30 p.m., Government Center/SCAQMD Auditorium, 21865 E. Copley Dr. 6.0 CONSENT CALENDAR: Moved by C/Zirbes, seconded by C/O'Connorto ap rove the Consent Calendar with the exception of Items 6.5, 6.6 (removed from age da), 6.8 and 6.9 (moved to Council Consideration). 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 6.1 APPROVED CITY COUNCIL MINUTES — 6.1.1 Regular Meeting of October 7, 2003 —As submitted. (Continued from October 21, 2003) NOVEMBER 4, 2003 PAGE 4 CITY COUNCIL 6.1.2 Study Session of October 21, 2003 — As submitted. 6.1.3 Regular Meeting of October 21, 2003 — As submitted. 6.2 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES — Special Meeting of September 30, 2003. 6.3 APPROVED WARRANT REGISTERS - dated October 23 and October 30, 2003 totaling $1,772,207.78. 6.4 REVIEWED AND APPROVED TREASURER'S STATEMENT - month of September 2003. 6.7 APPROVED SECOND READING OF ORDINANCE NO. 04(2003) AMENDING THE DIAMOND BAR MUNICIPAL CODE REGARDING PENALTY PROVISIONS RELATING TO PROPERTY MAINTENANCE. 6.9 Moved to Item 8.2 MATTERS WITHDRAWN FROM THE CONSENT CALENDAR: 6.5 APPROVED LETTER TO GOVERNOR -ELECT REGARDING VEHICLE LICENSE FEE PROGRAM. MPT/Huff moved, C/Zirbes seconded to approve the letter to the Governor - Elect regarding the vehicle license fee program with the following language inserted: "to urge the Governor -elect to repeal the Vehicle License Fee (VLF) and to honor his promise to replace it." Motion carried by the following Rall Call vote: AYES: COUNCIL MEMBERS - Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.8 APPROVED AMENDMENTS TO THE DIAMOND BAR COMMUNITY FOUNDATION BYLAWS. Moved by MPT/Huff, seconded by C/O'Connor to approve the amendments including changing the address of the Foundation from 21660 E. Copley Dr. to 21825 E. Copley Dr. 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 NOVEMBER 4, 2003 PAGE 5 CITY COUNCIL 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters m y be heard. 7.1 PUBLIC HEARING - CONSIDERATION OF RECOMMENDATION BY LAW ENFORCEMENT BLOCK GRANT (LLEBG) ADVISORY BOARD FOR EXPENDITURE OF GRANT FUNDS IN THE AMOUNT OF $24,281 (INCLUSIVE OF THE REQUIRED 10% MATCHING AMOUNT OF $2,698 FROM THE CITY OF DIAMOND BAR) FOR FY 2003-04. Legislative Analyst James Clarke gave a brief staff report. PWD/Liu responded to Council questions regarding the current use of hese funds. M/Herrera opened the public hearing. There being no testimony offered, M/Herrera closed the Public Hearidg. C/Zirbes moved, C/Chang seconded to approve the expenditure of grant funds. 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 8. COUNCIL CONSIDERATION: 8.1 CONSIDERATION OF NAMING THE COMMUNITY/SENIOR CENTOR. PIM/Blakey presented staff's report and recommendation. Richard Callard was glad that the City was not naming the center a er a politician. He felt the name should be the "Diamond Bar Center' and felt it was the consensus of the citizens. He said that including Summitridge rr iakes it a neighborhood center and pointed out that it is not a neighborhood center, it is the City's primary center. C/Chang felt this was a very important project for the City. He felt th t the majority of the residents want to name it the Diamond Bar Community/ enior Center. He liked the name. DCM/Doyle responded to C/O'Connor's question about the placement f the sign and monument, was that his understanding is that the name f the facility (building) is under consideration and that the name would be p aced on the monument sign. NOVEMBER 4, 2003 PAGE 6 CITY COUNCIL PIM/Blakey agreed with DCM/Doyle that with respect to marketing, it would be confusing to have multiple names. Staff would recommend that the monument sign reflect the name of the building. MPT/Huff asked if the Summitridge Park monument would be razed. CSD/Rose explained that the intent was to keep the Summitridge Park monument sign in place with the building monument sign located close to the center building. MPT/Huff felt there was consistency in naming the facility "City of Diamond Bar Summitridge Center." C/O'Connor agreed with C/Chang that the facility should be called the Diamond Bar Community/Senior Center to reflect its intended use. MPT/Huff suggested that a separate brass plaque could be placed in front of the senior center portion of the building. Joe McManus suggested that, for marketing purposes, it not be called a "senior" center. Jodi Roberto agreed with Mr. McManus. Stella Hatzfeld felt that since the City asked the citizens, why wasn't the Council paying attention to what they wanted? Marie Buckland agreed with Mrs. Hatzfeld. Clyde Hennessee agreed with Mrs. Hatzfeld and Mrs. Buckland Ann Heisinger-Kimball disagreed with including "Summitridge" in the name and believed calling it the "Diamond Bar Center" would be sufficient for marketing. Mary Matson agreed with the prior speaker and stated that "Diamond Bar" should remain in the name for recognition purposes. C/Chang moved, C/O'Connor seconded to name the facility the "Diamond Bar Community/Senior Center." Motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, O'Connor NOES: COUNCIL MEMBERS - Zirbes, MPT/Huff, M/Herrera ABSENT: COUNCIL MEMBERS - None C/Zirbes moved, MPT/Huff seconded, to name the facility "Diamond Bar Center" and place a separate sign for the senior portion of the facility. Motion carried by the following Roll Call vote: NOVEMBER 4, 2003 PAGE 7 CITY COUNCIL AYES: COUNCIL MEMBERS - Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - Chang, O'Connor ABSENT: COUNCIL MEMBERS - None 8.2 AUTHORIZED AN INCREASE OF $10,000 TO THE PROFESSI NAL SERVICES AGREEMENT WITH MONTANA TESTING AND GEOLO 1CAL LABORATORIES (MTGL) FOR SPECIAL INSPECTION SERVICES A THE COMMUNITY/SENIOR CENTER FOR A TOTAL CONTRACT COST NOT TO EXCEED $110,000 AND AUTHORIZE EXPENDITURE OF $35,000 OF THE CONSTRUCTION CONTINGENCY FUNDS TO PAY FOR SPECIAL INSPECTION SERVICES OF $10,000 AND REMOVAL OF EXCESS SOIL BY LT EXCAVATING OF $25,000. C/O'Connor moved, C/Zirbes seconded to authorize an increase of $1 ,000 to the Professional Services Agreement with Montana Testing and Geological Laboratories (MTGL) and authorize expenditure of $35,000 of constr ction contingency funds for special inspection services of $10,000 and remc val of excess soil by LT Excavating of $25,000. Motion carried by the followin Roll Call vote: AYES: COUNCIL MEMBERS -Chang, O'Connor, Zirbes, MPT/ uff, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMM C/O'Connor spoke about the devastation caused by the recent wildfires n the Southern California area and talked about members of her family that were d rectly affected. She asked that the meeting be adjourned in memory of her re ative, Ashleigh Roach, the other 19 individuals who lost their lives in the wildfires as well as the tens of thousands of other lives who were affected by the wildfires. C/Chang also spoke about the wildfires. He commented about the recent com regarding the Council campaigns. C/Zirbes thanked the voters and candidates who participated in this year's ME ction. He thanked the seniors who marketed for the name of the center. He reported that this was one of the two most difficult votes in which he has participated duri ig his tenure on the City Council. Because of the significant cost involved and the huge ongoing operating expenses, he believed it was in the City's best interest to find a name that best represented D.B. and afforded the greatest opportunity to ma ket to the private sector in order to generate sufficient revenues to offset those operating expenses. MPT/Huff felt the American Red Cross could greatly benefit from donations to its disaster relief fund for future events. NOVEMBER 4, 2003 PAGE 8 CITY COUNCIL M/Herrera said that whoever emerged victorious this evening, she hoped the residents would be the ultimate benefactors. 10. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 8:17 p.m. in memory of Ashleigh Roach and the other 19 individuals who lost their lives in the wildfires as well as the tens of thousands of other lives who were affected by the wildfires. J � LYNDA BURGESS, CITY CLERK The foregoing minutes are hereby approved this 18th day of November, 2003. CAROL HERRERA, MAYOR