HomeMy WebLinkAbout04/6/2004 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
APRIL 6, 2004
CALL TO ORDER: Mayor Zirbes called the regular City Council meeting to order at
6:47 p.m. in the Government Center/SCAQMD Auditorium, 21865 Copley Dr.,
Diamond Bar, CA.
M/Zirbes reported that during this evening's study session Council discussed mid-
year budget adjustments, a monument entry sign for display of community service
organization emblems, and potential revisions to the Policies and Fees for Use of
the Diamond Bar Center. Council decided not to move forward with the entry sign for
community service emblems.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was lead by Mayor Pro
Tem Herrera.
INVOCATION: The invocation was given by Captain/Chaplain Larry Burke, Los
Angeles Fire Department.
ROLL CALL: Council Members Chang, Huff, O'Connor, Mayor Pro Tem
Herrera, and Mayor Zirbes.
Staff present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; Jim
DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; David Liu,
Public Works Director; Bob Rose, Community Services Director; April Blakey, Public
Information Manager; Nancy Whitehouse, Executive Assistant; and Tommy
Cribbins, Assistant City Clerk.
APPROVAL OF AGENDA: M/Zirbes requested that Item 1.5, Introduction of
Miss Diamond Bar 2003 and her Court and Miss Diamond Bar 2004 and her Court,
be removed from this evening's agenda and continued to May 4, 2004.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presented City Tile to Commander Alex Yim, outgoing Captain of the
Diamond Bar/Walnut Sheriff's station. Additional presentations by
David Varnam, from Congressman Miller's office; and by Jim Starkey,
from State Senator Bob Margett's office.
1.2 Captain Yim introduced Michael Kwan, incoming Captain, Diamond
Bar/Walnut Sheriff's Station.
1.3 Proclamations:
1.3.1 Presented Proclamation to Martha Soto, Fair Housing
Foundation in recognition of "Fair Housing Month."
APRIL 6, 2004 PAGE 2 CITY COUNCIL
1.3.2 Read Proclamation in recognition of "Child Abuse Prevention
Month"; proclamation to be mailed.
1.3.3 Presented Proclamation to Francine DeMarco, Project Sister,
in recognition of "Sexual Assault Awareness Month."
1.3.4 Presented Proclamation to Parks and Recreation Commission
Chairman Dave Grundy and Commissioners Ling -Ling Chang
and Benny Liang in recognition of "Healthy Parks Month."
1.4 Introduced Kimberly Molina, Assistant Engineer.
1.5 Introduction of Miss Diamond Bar 2003 and her Court and Miss
Diamond Bar 2004 and her Court — Continued to May 4, 2004.
BUSINESS OF THE MONTH:
1.6 Presented City Tile to John Campos, Regional Manager, and Oscar
Romero, General Manager, Acapulco Mexican Restaurant, Business
of the Month for April 2004. Displayed Business of the Month video.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 PWD/Liu introduced Keith Lehto, Principle Engineer, Los Angeles
County Department of Public Works Department. Mr. Lehto provided
Council with a presentation regarding the proposed $9 sewer service
rate increase comprised of $5 for operation and maintenance, and $4
for the accumulative capital outlay (ACO) fund. Mr. Lehto stated that if
approved, the $5 rate increase would generate a $4 million annual
revenue of which $2.4 million would offset the projected current year
deficit and would provide adequate fund balance for unanticipated
emergencies, $800,000 would be used to establish a fixed asset
equipment program, and $800,000 would be set aside for claims. The
$4 rate increase for ACO would generate $3.2 million for
establishment of a condition assessment program. Mr. Lehto reported
that, as required by Proposition 218, Public Hearing Notices would be
sent to all customers and a Board Hearing would be held on May 25,
2004. If residents had questions they were advised to call the hotline
at 626/300-3399.
M/Zirbes asked Mr. Lehto to update residents regarding the efforts to
mitigate the offensive odors of the sewage pump on Fountain Springs
near the Country Hills Towne Center.
Mr. Lehto explained that since his department was unfamiliar with how
to get rid of the odor, different attempts were made to mask or
APRIL 6, 2004 PAGE 3 CITY COUNCIL
eliminate it. Last October a patented version of an ozone generator
that combines ozone and misting was installed, and subsequent
testing revealed that the treatment dramatically reduced the hydrogen
sulfide gas. As a result, the department planned to purchase the
equipment at a cost of $70,000 for permanent installation at the
Fountain Springs site. He indicated that the system should be up and
running by early Fall 2004.
3. PUBLIC COMMENTS: Eileen Ansari, Diamond Bar resident, complimented
Council and staff on the Diamond Bar Center and the March 26 gala dinner.
She especially liked the water feature. She suggested the City install a "No
Right -Turn On Red" at the Center's exit on Grand Avenue. She urged Council
to approve two additional Concerts -in -the -Park for this year. If the Council felt
that additional concerts placed a burden on the City's budget, perhaps other
sponsors would be willing to cover the cost. She asked Council to investigate
the traffic signal synchronization at Fern Hollow and Pathfinder. She also
urged Council to adjourn tonight's meeting in honor of the 12 marines from
Camp Pendleton who lost their lives fighting in Iraq.
Marie Buckland, Diamond Bar resident, asked the City to support the troops.
She said that other cities fly flags and display yellow ribbons.
RESPONSE TO PUBLIC COMMENTS: PWD/Liu stated that staff
would look into the "No Right -Turn On Red" request for the Diamond Bar
Center exit and bring back the appropriate recommendation to Council.
Regarding the signal timing along Pathfinder Road, the City's technicians and
engineers are currently monitoring the situation and will offer their report
upon completion.
CM/Lowry stated that staff was not currently considering any form of
recognition for the troops.
5. SCHEDULE OF FUTURE EVENTS: AS LISTED ON THE PREPARED
AGENDA.
6. CONSENT CALENDAR: MPT/Herrera moved, C/Chang seconded,
to approve the Consent Calendar with the exception of Item 6.13, as
removed for discussion by C/O'Connor. Motion carried by the following Roll
Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, MPT/Herrera,
M/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS:None
6.1 CITY COUNCIL MINUTES:
6.1.1 Study Session of February 17, 2004 —Approved as submitted.
APRIL 6, 2004 PAGE 4 CITY COUNCIL
6.1.2 Study Session of March 2, 2004 - Approved as submitted.
6.2 PLANNING COMMISSIONS - Regular Meeting of February 20, 2004
- Received and Filed.
6.3 PARKS AND RECREATION COMMISSION MINUTES - Regular
Meeting of February 26, 2004 - Received and Filed.
6.4 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES -
Regular Meeting of February 12, 2004 - Received and Filed.
6.5 APPROVED WARRANT REGISTERS -dated March 28, 2004, March
25, 2004 and April 1, 2004 for a total amount of $981,217.24
6.6 REVIEWED AND APPROVED TREASURER'S STATEMENT- month
of February 2004.
6.7 REJECTED CLAIMS FOR DAMAGES:
6.7.1 Filed by Stanley Fidel, February 13, 2004
6.7.2 Filed by John Fairley, January 5, 2004.
6.8 RATIFIED INCREASE OF $4,000 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH MONTANA TESTING AND
GEOLOGICAL LABORATORIES (MTGL) FOR A SPECIAL
INSPECTION SERVICE AT DIAMOND BAR CENTER FOR A TOTAL
CONTRACT COST NOT -TO -EXCEED $114,000.
6.9 ADOPTED RESOLUTION NO. 2004-10 RECOMMENDING THAT
PAROLE BE DENIED TO CONVICTED MURDERER, DANNY SAUL
ROSALES.
6.10 APPROVED LETTER OF AGREEMENT FOR THE LEMON AVENUE
RAMPS ON STATE ROUTE 60 BETWEEN THE CITIES OF
INDUSTRY AND DIAMOND BAR.
6.11 AUTHORIZED DISPOSAL OF SURPLUS COMPUTER AND
TELEPHONE EQUIPMENT.
6.12 TERMINATED CONTRACT WITH P&D CONSULTANTS FOR
WATER CONSERVATION SERVICES EFFECTIVE APRIL 30, 2004.
6.14 APPROVED EXTENSION TO PROFESSIONAL SERVICES
AGREEMENT WITH ANALYTICAL PLANNING SERVICES, INC.
(APSI) FOR CONSTRUCTION MANAGEMENT SERVICES
ASSOCIATED WITH THE DIAMOND BAR CENTER IN THE
AMOUNT OF $32,200.
APRIL 6, 2004 PAGE 5 CITY COUNCIL
6.15 ADOPTED RESOLUTION NO. 2004-11 AMENDING THE FY 2003-04
MUNICIPAL BUDGET.
ITEMS REMOVED FROM CONSENT CALENDAR:
6.13 ADOPT RESOLUTION NO. 2004-12 SUPPORTING CREATION OF
INCENTIVES FOR COMMERCIAL SHIPPING COMPANIES AND
CARGO OWNERS TO USE EXTENDED GATE HOURS AT AREA
PORTS.
C/O'Connor believed the resolution should be sent to the person in
charge of the ports/port authority, the Long Beach and Los Angeles
port supervisors as well as the governor and any other individual
deemed reasonable.
MPT/Herrera responded that there is a port authority for Los Angeles
and for Long Beach and that Assemblyman Lowenthall has several
bills pertaining to this issue and did not want to be too specific since
bills are generally subject to charge as they move through the
legislature. Her intent was to adopt this resolution and communicate
with all of the cities along the SR 60 corridor in an effort to get them to
adopt the resolutions that would eventually be forwarded to the
authorities.
C/O'Connor moved, C/Huff seconded, to Adopt Resolution No. 2004-
12 with the addition of "and others" to SECTION 3 so that it reads:
'That City Staff shall forward a copy of the certified resolution to the
following and others." Motion carried by the following Rall Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
PUBLIC HEARINGS:
Chang, Huff, O'Connor,
MPT/Herrera, M/Zirbes
None
None
7.1 ADOPT RESOLUTION NO. 2004-13 AMENDING APPENDIX A OF
RESOLUTION NO. 89-97P, THE CITY'S CONFLICT OF INTEREST
CODE.
DCM/Doyle reported that the City is required to review its Conflict of
Interest Code on a regular basis to determine its conformity with
available City positions. Accordingly, staff is recommending that the
Parks and Maintenance Superintendent position be eliminated from
the resolution and that a Maintenance Supervisor position be added.
Additional actions were previously taken to include positions currently
funded in FY 2003/04. Conversely, other positions are not currently
APRIL 6, 2004 PAGE 6 CITY COUNCIL
funded in the City's budget. However, they are listed in the current
salary schedule and staff felt it was important to list those positions in
the Conflict of Interest Code. These actions will again be reviewed
during the upcoming fiscal year budget discussions and appropriate
recommendations will be forthcoming.
M/Zirbes opened the Public Hearing.
There was no one present who wished to speak on this item.
M/Zirbes closed the Public Hearing.
MPT/Herrera moved, C/O'Connor seconded, to adopt Resolution No.
2004-13. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor,
MPT/Herrera, M/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
7. COUNCIL CONSIDERATION:
7.1 CONSIDERATION OF ADDING ONE CONCERT TO THE SUMMER
CONCERTS IN THE PARK SERIES AND APPROPRIATION OF
$2,400 TO FUND THE CONCERT.
CM/Lowry stated that this item was presented to the Council as a
recommendation from the Parks and Recreation Commission and at
the urging of C/O'Connor. In order to begin the 2004 concert series
early, the Council would need to appropriate additional funds in the
current Fiscal Year.
MPT/Herrera said she enjoys the concerts and recognizes their worth
to the residents. D.B. has been expanding its Parks and Recreation
programs while the State's subventions have been shrinking and she
was very concerned about remaining within the City's budget. On
those grounds she opposed further expansion of the budget.
C/O'Connor agreed that the concerts were well attended and felt it
was an excellent platform for bringing the community together. She
liked the suggestion that the City look for financial sponsors for an
additional concert although it was not essential to her for approval.
M/Zirbes opened the matter for public input.
Mary Matson, Diamond Bar resident, commented that if the City could
spend $38,000 for a select group to participate in a gala at the
Diamond Bar Center, it could support a $2,400 concert,
APRIL 6, 2004 PAGE 7 CITY COUNCIL
Marie Buckland, Diamond Bar resident, agreed that the City should
provide an additional concert.
There being no further public input, M/Zirbes brought the matter back
for Council discussion/action.
C/Chang commented that the Council always acted prudently with
respect to the City's budget. However, he believed that a one-time
expenditure of $2,400 was a low cost event in which families could
joyfully participate.
C/Huff explained that it would have been impossible to accommodate
the entire community for a gala dinner with limited capacity seating. It
was staff's first opportunity to actually set up and use the facility in
order to gain information about how to better market the Center, a
facility financially supported by user groups. When Council approved
the 2003/04 FY budget, the City built in a $1 million reserve due to the
economic uncertainties. After tonight's budget adjustment, the City is
down to slightly more than $200,000 in its reserves with nearly three
months left in this budget year. He enjoys the Concerts -in -the -Park
but felt that the City should not further deplete its reserves this budget
year. There are other considerations such as maintenance of streets,
etc., that require the Council's consideration. He would be pleased to
have a sponsor step forward and pay for an additional concert.
M/Zirbes said he too enjoys the concerts. Factually, the Concerts -in -
the -Park series was trimmed back in a previous year due to the
addition of other community events, such as the 4th of July Concert.
He felt the appropriate time to consider adding a concert was during
budget discussions. He also recalled that the Council had considered
several exceptions to the budget during the past year. Additionally,
there were daily reminders about the State's budget shortfalls.
Historically, D.B. Council's have been fiscally prudent and forthe most
part, remained within the approved budgets. If there were a sponsor
willing to pay for an additional concert, he would not be opposed.
C/Chang volunteered to personally sponsor an additional concert.
C/O'Connor thanked C/Chang for his offer. She commented further
that she had someone that she thought would be a sponsor,
suggesting that each Council member may have someone or
companies that would also consider being a sponsor.
C/O'Connor moved, C/Chang seconded, to add one concert and
hopefully find a sponsor for the event.
MPT/Herrera made an amendment to the motion that an additional
concert be contingent upon C/Chang funding it or another donor.
APRIL 6, 2004 PAGE 8 CITY COUNCIL
C/Huff seconded the amendment. C/Chang concurred if the motion
by C/O'Connor failed.
After brief clarification by CA/Jenkins that the amendment being voted
on was to approve one more concert contingent upon the cost being
subsidized by one or more private sponsors, the amendment was
approved by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, MPT/Herrera,
M/Zirbes
NOES: COUNCIL MEMBERS: O'Connor
ABSENT: COUNCIL MEMBERS: None
C/O'Connor questioned the need to vote on an amendment to the
motion; indicating that it would be the motion -maker to amend the
motion. The City Attorney clarified that there is a courtesy that is
employed, but under Parliamentary Rules, the maker need not accept
the amendment if the amendment is seconded and voted upon by the
majority of the body. If, upon a vote, the amendment fails, then the
main motion is acted upon. If the amendment is approved, then the
main motion is acted upon as amended.
C/O'Connor expressed concern that this is being handled differently
then at other times when amendments to a motion are presented.
The amended motion was approved by the following Roll Call vote:
AYES:
COUNCIL MEMBERS:
Chang, Huff, MPT/Herrera,
M/Zirbes
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
None
ABSTAIN:
COUNCIL MEMBERS:
O'Connor
C/O'Connor asked that the minutes reflect that this was not her
motion.
8.2 ADOPT RESOLUTION NO. 2003-60A AMENDING RESOLUTION
NO. 2003-60 REVISING THE POLICIES AND FEES FOR THE USE
OF THE DIAMOND BAR CENER OPERATED BY THE CITY OF
DIAMOND BAR.
CSD/Rose reported on the proposed revisions which included a
description and name of each room added to Description of Facility on
Page 2 under Section 1, special rates for New Year's Eve and
weekends, observance of two holidays — Christmas Day and
Thanksgiving Day, inclusion of a $100 cleaning deposit requirement
for non-profit groups, determination of the security firm by the City
instead of the Sheriff's Department, and Tea Light utilization permit
APRIL 6, 2004 PAGE 9 CITY COUNCIL
requirement.
CSD/Rose explained that Council directed staff to give further
consideration to special Senior Group rates for the grand ballroom
and for use of incense inside the facility. Until a decision was reached,
no use of incense or ceremonial fires would be permitted in the facility.
Caterers would be allowed to use Sterno heaters. Elephants and
horses and horse drawn carriages would be allowed in the front entry
area through the permit process after the area.was coated/sealed.
Staff recommended increasing the rental fee to meet increased
demands for continued operation and maintenance of the facility.
CSD/Rose stated that current rates would be honored for I ndividuals
and groups who had already reserved the facility.
M/Zirbes opened the matter for public input; there was none offered.
C/Huff moved, C/Chang seconded, to adopt Resolution No. 2003-60A
with the following clarifications: Adopt option 2 for Tea Lights; that the
use of incense and ceremonial fires would be denied until further
consideration; that the front entry area decorative concrete would be
coated/sealed as soon as possible; that a policy regarding the use of
horses and elephants would be presented to the Council for adoption,
and that CSD/Rose be allowed to exercise his judgment regarding
outdoor use until a policy amendment was approved by Council.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor,
MPT/Herrera, M/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8. COUNCIL SUBCOMITTEE REPORTS/COUNCILMEMBERS COMMENTS.
C/O'Connor said that the past three weeks was an exciting period for D.B.
The Diamond Bar Center grand opening was a wonderful community event.
The Friends of the Library Wine Soiree was the first non -City event held at
the Center. She commended DCM/Doyle, PIM/Blakey, RS/West, and all
involved with the grand opening. On Tuesday, March 30 the City's lobbyist
held a dinner meeting in Sacramento to give City officials a heads up on the
upcoming State budget and potential hits to local cities. Kudos to
EA/Whitehouse who spearheaded a wonderful and very successful "Youth in
Government Day" on Wednesday, March 31. C/O'Connor and M/Zirbes met
with high school students who shadowed staff and Council Members. She
was very impressed with the students and hoped that it would become a
regular occurrence. Sheriff's Department and Fire Department members also
participated in the event. She commended AYSO on their successful
Cottontail Tournament and felt that D.B. had benefited by their presence.
APRIL 6, 2004 PAGE 10 CITY COUNCIL
This morning she and PWD/Liu attended the Local Governmental Services
Commission meeting during which the Sheriff's Department reported on the
cooperative effort toward improving communication among governmental
agencies, a major concern since 9111.
C/Huff hoped everyone would have an opportunity to visit the wonderful
Diamond Bar Center. He enjoyed visiting with Chaparral Middle School sixth
graders on March 25; during which he and the students discussed mutually
significant issues. Because then -Governor Davis "borrowed" one billion in
State Transportation Projects funds impacting the Alameda Corridor East
project, and in particular the Brea Canyon Road grade crossing project, the
project would not move forward unless alternative funding could be found.
The earliest funds would likely be available for the project would be four
years from now.
C/Chang agreed that the Diamond Bar Center grand opening was wonderful
and the building was outstanding. Finally, D.B. had a building that would
bring the community together and provide a facility for functions and events.
The community should be very proud of this great accomplishment and of a
building that is a duality product worthy of this City and its outstanding
location. The facility has been booked far in advance and the City is assured
of significant operating revenues. He complimented staff on their efforts to
stay the course and bring in the facility on time and on budget. He also
thanked community members for their patience and support. He
congratulated the Friends of the Library on a very successful Wine Soiree
and believed the event was the most successful ever sponsored by the
Friends of the Library. To that end, the proceeds would be returned to the
community. He thanked staff for their hard work and support in making
certain the Soiree proceeded as planned. Recently, he received word that a
local church would offer 10 $1,000 scholarships to high school students
wishing to attend college. He said he would put the church in touch with the
principals of both local high schools to work out the details. He reported that
Congressman Miller assured him that congress had allocated $12 million for
the Lemon Avenue Ramps on State Route 60 between the City of Industry
and Diamond Bar. Soon Brea Canyon Road exit would close and the Lemon
Avenue on and off ramps would be installed.
MPT/Herrera thanked staff for their hard work in preparing the Diamond Bar
Center for the grand opening event. She extended her best wishes to
Commander Alex Yim and thanked him for his support to D.B. She welcomed
Captain Mike Kwan and said she looked forward to working with him.
M/Zirbes said that during the three weeks since the last City Council meeting,
Council Members have been very busy. He thanked the community and staff,
this Council and previous Councils for the dedication to bring the Diamond
Bar Center to fruition. He congratulated Terra Unfreid, Miss Diamond Bar
2004, and said he and the City look forward to working with that community
service organization. The Wine Soiree was a tremendoussuccess. During
APRIL 6,, 2004 PAGE 11 CITY COUNCIL
the past three weeks he was also involved in the Youth in Government Day,
Arbor Day, the City-wide track meet, Volunteer Patrol Dinner, economic
development, and many other meetings with residents and businesses
concerning issues in their neighborhoods. He and MPT/Herrera have been
working with the Sports Park Task Force and staff is poised to present the
recommendation report to the City Council at its April 20 meeting.
He reminded residents that equally important to sports for youth is education.
The past couple of years the City Council had worked diligently to push for
Library Grant Bond monies. Along with many other cities, D.B. had submitted
an application to Sacramento that the City was hopeful would be recognized
and rewarded with a substantial grant. Regardless of the outcome, he asked
that a short term Library Task Force be created and asked C/Chang to serve
with him on the Task Force. C/Chang said it was his honor to accept the
commitment. M/Zirbes asked staff to place the matter on the April 20 agenda
at which time he would outline the goals and objectives for the Task Force
and propose a start and finish date.
He asked Council Members to submit their preliminary draft of Goals and
Objectives to staff for FY 2004105. He reported that the new City Hall number
is 909/839-7000. He hoped to see many turn out for the 10:00 a.m. Lions
Easter Egg Hunt on Saturday at Pantera Park and for the 8:30 Pancake
Breakfast preceding the Hunt. He encouraged residents to attend the City's
15th Birthday Celebration on April 18 beginning at 12:00 noon at Pantera
Park. The Chamber will sponsor a Business Exposition, informational booths
may be available through the City, and the DBIA will sponsor the Classic Car
Show. He thanked MPT/Herrera for her work on Item 6.13 to improve the
truck flow on SR 60 and he thanked residents for their participation, time,
patience, and trust.
10. ADJOURNMENT: There being no further business to conduct, M/Zirbes
adjourned the meeting at 8:45 p.m. in memory of Fred Dodd, Jr., father of
Deputy Diane Dodd, Diamond Bar/Walnut Sheriff's Deputy, and the 12
marines from Camp Pendleton who lost their lives in the Iraq conflict.
Linda C. Lowry, City Clerk
The foregoing minutes are hereby approved this 2othday of April ,
2004.
Bob Zirbes,`Nra r'�ar _,