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HomeMy WebLinkAbout12/16/2003 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION DECEMBER 16, 2003 STUDY SESSION: Mayor Herrera called the Study Sessi n to order at 4:37 p.m. in Room CC -8 of the South Coast Air Q ality Management District/Government Center, 21865 E. Copley Dr., Dia and Bar, CA. Present: Council Members Chang, O'C�nnor, Zirbes, Mayor Pro Tem/Huff and Mayor Herrera Also present were: Linda Lowry, City Manager; Mike Jenkins City Attorney; James DeStefano; Deputy City Manager; David Doyle, Deputy City Manager; David Liu, Director of Public Works; Bob Rose, ComrT unity Services Director; Linda Magnuson, Finance Director; Fred Alamol olda, Senior Engineer; Kim Crews, Senior Management Analyst; ancy Whitehouse, Executive Assistant and Lynda Burgess, City Clerk. DUE TO TECHNICAL DIFFICULTIES, NO TAPE EXISTS FOR THIS Earlgate Red Curb Following a report by PWD/Liu, discussion continued regIrding placement of red curb at Earlgate and Lemon. Staff was direc ed to continue reviewing the circumstances at that intersection and work with the property owner on the parking issue. Staff was also directed to make additional findings regarding safety matters in that area so the item could be returned to the City Council in 90 days. 2. Diamond Bar Center Grand Opening Update Following a report by DCM/Doyle regarding the current plar s for the grand opening, discussion took place about the nature of grand opening sponsorships, the method of obtaining sponsorships and what the sponsorships will represent. 3. Finance Review a) VLF — CM/Lowry reported on current state actions in terms of the impact on the balance of the City's revenue esti ates for this year. Discussion centered on itemizing a number of budgete and currently planned construction projects and Council dir cted staff to postpone awarding construction contracts on three budgeted projects: the Grand Avenue beautifi ation betterment, slurry seal for Area I and the Grand Avenue median improvements. Staff and Council will review the matters again when the revenue situation is clear and a determination whether to award the three contracts will be made at that time. DECEMBER 16, 2003 PAGE 2 CC STUDY SESSION b) Status of Bond Issuance Council and staff reviewed the financial position of the bond accounts held by the Public Financing Authority along with forecasted interest costs and other costs associated with the variable rate bond. The review was conducted to make a determination about how the City could set aside funds either to pay down the balance due on the bonds in advance or create a bond sinking fund. Council expressed an interest in future budgeting for the debt service to allow the City to use any savings in that budget to prepay the principle balance on the bonds, reducing the interest amount and providing an opportunity to pay the bonds off early. in addition, Council and staff discussed the letter of credit cost included in the estimated rate provided to the City by the financing agent. Council directed staff to bring Mr. Kosmont back to the City to further review disclosure of the costs of the letter of credit and discuss ways that the City could, in the future, mitigate that cost or replace it by a different means of collateralizing the bonds. 4. Business Licensing DCM/DeStefano recommended a combined registration and licensing program; however, Council was not in a position to direct staff to proceed with municipal code amendments. Council asked staff to bring the matter back in a few months. 5. Public Comments Regarding the Business Licensing program, Chamber of Commerce Executive Director Jeff Koontz suggested that the Chamber meet with the City Council Economic Development Subcommittee. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Study Session to the Regular Meeting at 6:10 p.m. LY DA BURGESS, City Clerk The foregoing minutes are hereby approved this 6th day of January, 2004, CAROL HERRERA, Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 16, 2003 STUDY SESSION: Mayor Herrera called the Study Session to order at 4:37 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. ► Public Comments M/Herrera adjourned the Study Session at 6:10 p.m. to the Regular City Council meeting. CLOSED SESSION: 6:10 p.m., Government Center/SCAQMD Room CC -8. No. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: GOVERNMENT CODE SECTION 54956.8 Property: 5.4 acre parcel located at Diamond Bar Boulevard at the Pomona (SR 60) freeway to the City; Parcel 2 of Tract 10208 (Assessor's Parcel 8703- 002-029) City Negotiators: City Manager, Deputy City Manager, City Attorney Negotiating party: Canyon Wash, LLC Under negotiation: Price and terms of payment Closed Session adjourned at 6:43 p.m. CALL TO ORDER: Mayor Herrera called the meeting to order at 6:56 p.m. in the Auditorium of The Government Center/SCAQMD, 21865 Copley Dr., Diamond Bar, CA. CM/Lowry reported that the Study Session consisted of a continued discussion regarding placement of red curb at Earlgate and Lemon. Staff was directed to continue reviewing the circumstances at that intersection and work with the property owner on the parking issue. She explained that staff was also directed to make additional findings regarding safety matters in that area so the item could be returned to the City Council in 90 days. Regarding the Diamond Bar Center grand opening, CM/Lowry reported that staff presented the current plans for the grand opening during the Study Session. She indicated that there was discussion about the nature of grand opening sponsorships, the method of obtaining sponsorships and what the sponsorships will represent. Regarding the VLF outcome and Finance review, CM/Lowry said that current state actions were reviewed with Council in terms of the impact on the balance DECEMBER 16, 2003 PAGE 2 CITY COUNCIL of the City's revenue estimates for this year. She reported that discussion centered on itemizing a number of budgeted and currently planned construction projects and Council directed staff to postpone awarding construction contracts on three budgeted projects: the Grand Avenue beautification betterment, slurry seal for Area I and the Grand Avenue median improvements. She indicated that staff and Council will review the matters again once the revenue situation is clear and a determination whether to award the three contracts will be made at that time. CM/Lowry reported that Council and staff thoroughly reviewed the financial position of the bond accounts held by the Public Financing Authority along with forecasted interest costs and other costs associated with the variable rate bond. She explained that the review was conducted to make a determination about how the City could set aside funds either to pay down the balance due on the bonds in advance or create ,a bond sinking fund. She said that Council expressed an interest in future budgeting for the debt service in a way that would allow us to use any savings in that budget to prepay the principle balance on the bonds, reducing our interest amount and giving us an opportunity to pay the bonds off early. She further explained that Council and staff discussed the letter of credit cost included in the estimated rate provided to the City by the financing agent and Council directed staff to bring Mr. Kosmont back to the City to further review disclosure of the costs of the letter of credit and discuss ways that the City -could, in the future, mitigate that cost or replace it by a different means of collateralizing the bonds. Regarding Business Licensing, CM/Lowry reported that DCM/DeStefano recommended a combined registration and licensing program. She stated that Council was not in a position to direct staff to proceed with that. She said that, instead, Council asked staff to bring the matter back in a few months. CA/Jenkins announced that the City Council recessed into Closed Session to, discuss acquisition of the property described on the agenda. He reported that no reportable actions were taken during the Closed Session. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Ahmad Sakr, PhD, Islamic Education Center, gave the Invocation. ROLL CALL: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tern 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 Services Director; Linda Magnuson, Finance Director, and Lynda Burgess, City Clerk. 1 1 1 DECEMBER 16, 2003 PAGE:8 APPROVAL OF AGENDA: As presented. CITY COUNCIL 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaimed December 2003 as "Drunk and Drugged Driving (3D) Prevention Month. 1.2 Presented City Tile to V -Tek as Business of the Month, December 2003 and displayed Business of the Month video. 2. CITY COUNCIL REORGANIZATION 2.1 SELECTION OF MAYOR M/Herrera nominated C/Zirbes as Mayor. C/Chang nominated /O'Connor. There being no further nominations, M/Herrera closed the nominations. Council Member Zirbes was selected as Mayor for the ensuing year by the following Roll Cali vote: AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes NOES: COUNCIL MEMBERS - Chang, O'Connor (cast their votes for O'Connor) ABSENT: COUNCIL MEMBERS — None 2.2 SELECTION OF MAYOR PRO TEM M/Zirbes nominated C/Herrera. C/O'Connor nominated C/Chang. There being no further nominations, M/Zirbes closed the nominations. Council Member Herrera was selected as Mayor Pro Tern for the ensuing year by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, Zirbes NOES: COUNCIL MEMBERS - O'Connor (cast her vote for C/Chang) ABSENT: COUNCIL MEMBERS — None DECEMBER 16, 2003 PAGE 4 CITY COUNCIL 2.3 PRESENTATIONS TO OUTGOING MAYOR CAROL HERRERA Presentations were made to MPT/Herrera by Jim Starkey, Senator Margett's Office; David Farnham, Congressman Miller's Office; Corey Calacay, Assembly Member Pacheco's Office and Dickie Simmons, Supervisor Knabe's Office. M/Zirbes presented a shadowbox to MPT/Herrera containing both of the Mayor's gavels representing her two terms as Mayor. RECESS: M/Zirbes recessed the meeting at 7:30 p.m. for a reception. RECONVENE: M/Zirbes reconvened the meeting at 7:58 p.m. 3. CITY MANAGER REPORTS AND RECOMMENDATIONS. None Offered. 4. PUBLIC COMMENTS: Clyde Hennessee stated that he looked forward to another two good years. Allison- O'Connor expressed her disappointment with the selection of Mayor and Mayor Pro Tem. Ms. O'Connor indicated that a new system of selecting Mayor and Mayor Pro Tem should be considered. Judy Pai spoke regarding item 7.6, the Earlgate red curb. She thanked Council and the staff for their concern about the parking issue on Earlgate and Lemon. She announced that she had met with City staff that afternoon and requested that the red curb matter be continued to another date so that a solution to the parking issues could be worked out. She announced that her company is working to find a new warehouse in or around D.B. to resolve their overflow problems. 5. RESPONSE TO PUBLIC COMMENT: None Offered. 6. SCHEDULE OF FUTURE EVENTS: As listed on the Agenda for this meeting. 7. CONSENT CALENDAR: Moved by C/Chang, seconded by MPT/Herrera to approve the Consent Calendar, with the exception of Item 7.6. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Huff, MPT/Herrera, M/Zirbes NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - O'Connor DECEMBER 16, 2003 PAGE 5 CITY COUNCIL 7.1 RECEIVED AND FILED PLANNING COMMISSION MINUTES 7.1.1 Regular Meeting of October 28, 2003. 7.1.2 Regular Meeting of November 25, 2003. 7.2 APPROVED WARRANT REGISTERS dated December 4, 2003 and December 11, 2003, for a total of $1,823.974.03. 7.3 APPROVED EXONERATION OF MONUMENTATION SURETY BOND (BOND NO. 6049157) - FAITHFUL PERFORMANCE AND LABOR AND MATERIALS) FOR TRACT NO. 52267 (PULTE HOMES) IN THE AMOUNT OF $17,500. 7.4 APPROVED APPLICATION FOR TREE CITY USA RECERTIFICATION FOR 2003. 7.5 APPROVED AGREEMENT WITH DIAMOND BAR RACQUET CLUB FOR INSTALLATION OF FENCING ALONG WESTERLY BORDER OF SYCAMORE CANYON PARK. 7.7 APPROVED PURCHASE OF FOLDING TABLES AND TABLE CARTS FROM MITY LITE, INC., FOR THE DIAMOND BAR CENTER IN THE AMOUNT NOT TO EXCEED $36,292. MATTERS WITHDRAWN FROM THE CONSENT CALENDAR: 7.6 ADOPT RESOLUTION TO INSTALL 120 FEET OF RED CURB SOUTH OF EARLGATE STREET AND 260 FEET OF RED CURB NORTH OF EARLGATE STREET ON THE WESTERLY SIDE OF LEMON AVENUE - withdrawn from consideration for at least 90 days. 8. PUBLIC HEARINGS: None 9. COUNCIL CONSIDERATION: 9.1 LIBRARY BOND ACT APPLICATION ISSUES: 1) APPROVED THE PROPOSED DIAMOND BAR LIBRARY FLOOR PLAN. 2) ADOPTED RESOLUTION 2003-68 APPROVING THE GOALS FOR THE DIAMOND BAR LIBRARY AS IDENTIFIED IN THE PLAN OF SERVICE. 3 ADOPTED RESOLUTION NO. 2003-69 CERTIFYING THE CITY'S CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF DECEMBER 16, 2003 PAGE 6 CITY COUNCIL 2000 (BOND ACT) APPLICATION THEREBY APPROVING THE PROJECT'S BUDGET, COMMITTING TO PROVIDE THE CITY'S REQUIRED LOCAL MATCHING FUNDS (35%); CERTIFYING THE CITY'S FINANCIAL CAPACITY TO PROVIDE THE SUPPLEMENTAL FUNDS NECESSARY TO COMPLETE THE PROJECT, AND GUARANTEEING THAT SAID FUNDS WILL BE AVAILABLE WHEN NEEDED TO MEET THE PROJECT'S CASH FLOW REQUIREMENTS. DCM/Doyle reported that three actions were proposed for Council to consider including approving the floor plan for the proposed 24,000 sq. ft. library to be built adjacent to the Diamond Bar Center. He referred to a graphic presentation of the site and pointed out an 1100 sq. ft. "Friends of the Library" bookstore, restrooms, circulation desk with a staff area behind, a large computer room and the rest of the library facility. He displayed a "global citizens' center" focusing on K through 6 graders unique to libraries in California to augment the national baccalaureate program offered by WVUSD. He pointed out a large community meeting room at the end of the library facility with double doors which could be opened for some type of an event in combination with the adjacent community center. He stated that the floor plan had been developed with the L.A. County of Los Angeles Public Library system. DCM/Doyle reported that the Council would also be asked to adopt a Resolution approving the Goals for the Library and a Resolution certifying the City's Bond Act Application. Moved by MPT/Herrera, seconded by C/Chang to approve the Library Floor Plan, adopt Resolution Nos. 2003-68 and No. 2003- 69. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Huff, MPT/Herrera, M/Zirbes NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - O'Connor 9.2 APPOINTMENT TO WILDLIFE CORRIDOR CONSERVATION AUTHORITY (WCCA) ADVISORY COMMITTEE. MPT/Herrera reported that, after interviewing both candidates, she and C/O'Connor recommended the appointment of Bill Herrick and moved to approve the appointment. C/Huff seconded the motion. Motion carried by the following Roll Call vote: DECEMBER 16, 2003 PAGE 7 CITY COUNCIL AYES: COUNCIL MEMBERS - Chang, Huff, MPT/Herrera, MlZirbes NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - O'Connor 10. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang congratulated MlZirbes on his selection as Mayor. He congratulated the Friends of the Library on their recent luncheon event to thank volunteers and school principals on their efforts to enhance education and for their support of the "Read Together Diamond Bar" program that took place in October. He announced that, at the luncheon, the Friends of the Library committed $80,000 to help with construction of a new library along with their annual contribution of $25,000 for purchase of books at the current library. He announced that the City's annual Christmas party was held on December 5t" to thank staff, commissioners, committee members and volunteers for their support throughout the year. He said that he appreciated the Diamond Bar Volunteer Patrol's efforts to help make D.B. a better and safer place in which to live. He congratulated City staff on the success of the Winter Snow Fest held on December 13 t". He expressed his concern that selection of the Mayor seemed to be manipulated and again recommended that a new system be put into place by Council policy. C/Huff announced that D.B. had been highlighted by Money Magazine as being one of the top cities to live in in the western region. He stated that the comparison began with 271 cities which was then cut down to 87 with quality of life factors included. He said that, out of the 87, there were 18 finalist cities with populations under 100,000 and D.B. was one of the 18. Regarding the selection of Mayor and Mayor Pro Tem, he felt that the current rotation policy worked well because the system is basically merit - based. He congratulated M/Zirbes on his selection and wished everyone a happy holiday season. MPT/Herrera congratulated M/Zirbes. She said she agreed with C/Huff regarding the selection of Mayor. She announced that the City received 10,000 return postcards from local residents supporting the opening of a Trader Joe's in D.B. and encouraged all residents to turn in their cards to the City so that a strong standing can be made to the company. She also wished everyone a happy holiday season. MlZirbes explained that all Council Members work very hard for the City and its residents and expressed confidence that the Council will work together effectively for the future of the community. M/Zirbes wished everyone happy holidays. DECEMBER 16, 2003 PAGE 8 CITY COUNCIL 11. ADJOURNMENT: There being no further business to conduct, M/Zirbes adjourned the meeting at 8:30 p.m. C5 �' C-< r' - LYNDA BURGESS, CITY CLERK The foregoing minutes are hereby approved this 6th day of January, 2004.