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HomeMy WebLinkAbout05/4/2004 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MAY 4, 2004 STUDY SESSION: Mayor Zirbes called the Study Session to order at 4:22 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Huff, O'Connor, and Mayor Zirbes. Mayor Pro Tem Herrera was excused. Council Member Chang arrived at 4:50 P.m. Staff Present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; James DeStefano, Deputy City Manager; Bob Rose, Community Services Director; David Liu, Public Works Director; Sharon Gomez, Senior Management Analyst; Ann Lungu, Associate Planner; Sara West, Recreation Supervisor II; Assistant Fire Chief Nieto and Tommy Cribbins, Deputy City Clerk. BUSINESS LICENSE: DCM/DeStefano reported that staff has prepared a detailed report including different issues related to business licensing, business license tax, regulatory licenses, business registration and what a variety of other cities and Los Angeles County are doing with respect to these matters. The County issues roughly 200 licenses per year for D.B. businesses that generates about $25,000 to the County without revenue coming to the City. City businesses requiring a license are hotels, food - serving facilities (grocery stores, restaurants, alcoholic beverage business). Staff's report contains options and a recommendation that the General Services Agreement to issue business licenses and annual renewals with the County be retained. The City would then handle all other licensing through a business registration program for about 1000 businesses with an initial fee of $30 and an annual renewal fee of $10. Revenues from the business registration program would offset startup and computer assisted program costs. M/Zirbes asked if businesses would be required to acquire a license in advance of opening their business in order to avoid improper or inappropriate use. DCM/DeStefano explained that for those businesses that approached City Hall before signing leases and commencing operations the licensing process would stop those inappropriate uses. It would be a matter of Code Enforcement to monitor the business that opened and commenced operation without first seeking the proper City license. L.A. County monitors businesses in the City that require County business licenses. The fee would be the same for all types of businesses including home- based businesses because D.B. would be looking to register businesses and would leave the regulation to the County. The registration program is MAY 4, 2004 PAGE 2 CC STUDY SESSION clearly not a revenue generator for the City and could potentially result in a financial loss during the first year. C/O'Connor recommended that the subcommittee meet with the Chamber of Commerce to discuss whether the Chamber would agree to handle the business registration process. In response to C/Huff, DCM/DeStefano believed that the software program to monitor business registration would cost the City about $25,000. C/Huff felt the cost to administer the program would not be so onerous that the City could not absorb it and it would send a strong message to the business community that the City was business -friendly. He would however, be concerned about bringing the program in-house if the City had to hire additional personnel and pay out additional monies over and above the revenue generated. M/Zirbes concurred. The amount generated would not be significant and the cost to administer the program would not be a huge portion of the City's annual budget. He felt the City would get more cooperation from businesses if the program was free and if D.B. made it a requirement that to do business in the City a registration would be required. If the City captured new businesses it was not previously aware of it would generate more sales tax revenue. He suggested the City run a first year test pilot program at zero cost. He supported getting the businesses registered because he felt it was important for the City to know who was doing business in D.B., what types of businesses were being conducted in what locations to ensure the appropriate land use and to have the information available for marketing purposes. The Council then present concurred to move forward with a zero -cost registration program. DCM/DeStefano stated that the City was aware of 50-60 home-based businesses that have purchased $35 use permits. However, staff believed there were considerably more home-based businesses that did not have permits. C/Huff recommended the home-based businesses be merged into the zero -cost registration program. When asked by M/Zirbes it C/O'Connor would concur with the City's zero - cost registration program, she indicated she would like to discuss the matter with the Chamber of Commerce to determine their recommendations. MAY 4, 2004 PAGE 3 CC STUDY SESSION C/Huff said he would concur with C/O'Connor's request to have the subcommittee meet with the Chamber before making a final decision. M/Zirbes said he would discuss the matter with Subcommittee Chairman Chang and set up a meeting with the Chamber Board. C/Huff asked if it would be possible for businesses to check a box requesting that their information be kept confidential to which CM/Lowry responded that some information such as social security numbers or personal phone numbers that can be protected. DCM/DeStefano explained that if the program were not successful it could create an issue with respect to what the City was trying to accomplish from an economic development standpoint. CA/Jenkins explained that all information maintained by the City was public information unless exempt under the Public Records Act. Under the Public Records Act the only information that was exempt was the kind of information mentioned by CM/Lowry. It was possible that the City could declare certain information to be confidential such as a home address and telephone number. However, if a business were operating out of a home, he would be hard pressed to say it was confidential information. Obviously, social security numbers and similar information would be confidential. PUBLIC COMMENTS: Clyde Hennessee felt D.B. should decide how it wanted to govern itself without considering how other cities were governing themselves. The Council had been talking about this issue for some time and he felt it was not necessary for the City to implement a business registration program. Marie Buckland wanted to know what businesses were in town, who were running what types of businesses and that they met the proper requirements. 1. REVIEW OF FINAL DRAFT FROM THE SPORTS COMPLEX TASK FORCE. CSD/Rose reported that the Task Force made two recommendations: 1) Consider the possibility of building one 75 acre sports complex that accommodated all needs of the D.B. athletic organizations; and 2) consider the more realistic possibility of constructing multi -locations built primarily on school sites utilizing middle school sites initially with high school sites to follow at a later time. Staff's recommendation was that first, the Council determine whether to adopt the report and if adopted, direct staff to begin negotiations with the school districts to commence a plan for MAY 412004 PAGE 4 CC STUDY SESSION the highest priority sports facility improvements at the three middle schools. Lorbeer: Phase I CSD/Rose indicated that staff believed it would not be feasible for the City to add operation costs to the current budget. Ongoing maintenance and renovation costs would be eliminated if the sod was replaced with artificial turf and by revising the use policy to allow for charging for electricity use, those costs would be recouped as well. Chaparral: CSD/Rose explained that ongoing maintenance and operations costs would be eliminated at this location as well, by replacement of the sod with artificial turf. As mentioned previously, electrical costs could be recovered by charging the organizations that use the facilities. Southpoint: CSD/Rose indicated that this location was not as conducive to adding facilities because it offered a smaller playing field area. CSD/Rose stated that from staff's perspective, once the City determines which of the school districts is most amenable to discussing the possibility of joint -use improvements, the Council would most likely want to determine which location staff should pursue through the grant application process. The City had money available in its Park Development Fund, Prop 12 and 40 funds and the possibility of Prop 40 competitive grant application monies. In addition, staff would recommend that Council direct staff to continue pursuing properties identified as potential locations for a sports complex. All of the potential locations listed in the report would require a significant amount of grading or fill or drainage to create a suitable for a sports complex. However, if a developer came forward and wished to assist the City, there are sites identifiable where we could move forward. Recommendation #5 was for staff to consider funding sources available for a sports complex and to pursue those deemed attainable. Accordingly, an organization that has funding available for athletic facilities is the Amateur Athletic Foundation and it might be possible to work toward funding through the Diamond Bar Community Foundation, school district foundations and other non-profit organizations. Staff proposed to agendize this matter for consideration at the Council's May 18 meeting. C/O'Connor asked how the report coincided with the intent and priorities of the Parks Master Plan. CSD/Rose responded that the proposal was MAY 4, 2004 PAGE 5 CC STUDY SESSION similar to what was contained within the Parks Master Plan with the exception of the recommendation for a 75 -acre sports facility site. C/O'Connor felt the Council should look at its priorities with respect to the Parks Master Plan and the Trails Master Plan before moving forward with this program. Responding to C/Huff CSD/Rose explained that the $1 million Prop 40 grant money must be used for a sports facility only. Staff was pursuing implementation of the Trails Master Plan by seeking grant funds that are specifically earmarked for trails such as the Land and Water Conservation, State Trails, Rivers Mountains Conservancy, etc. two of which were annual grants. As the City completed portions of trails, staff would continue to seek monies for additional trails through other sources. He felt that D.B. with its 350 acres of untouched land surrounded by urban living offered a unique opportunity that appealed to grant foundations. DCM/DeStefano responded to C/O'Connor that Larkstone Park consisted of 2.8 acres and the property that was in escrow included the catch basin. The property where Larkstone Park was mapped was underneath the grassy bail fields at the Southpoint Middle School site. C/Chang felt the task force report was a great report. However, the City continued to struggle under its limited budget. He would favor accepting the report and determining priorities with respect to the City's goals. He agreed that staff's recommendation for joint usage with the schools should be the City's primary goal with immediate focus on Lorbeer Middle School with Pomona Unified School District. CSD/Rose confirmed to M/Zirbes that it would bode well for the City to promote a joint use agreement on an existing school property and provide a copy of the task force report in the pursuit of grant monies. To C/Huff's question, CSD/Rose stated that the grant money would go toward improvement of the field and that the City would pay for the ongoing expenses. C/O'Connor said that the Walnut School District has a use charge for AYSO of $10-$20 per family for maintenance of their fields. M/Zirbes suggested the Council accept the task force report and direct staff to begin discussions with the school districts to determine the possibilities for joint use agreements and begin preparing grant applications for Lorbeer, if applicable. At the same time, staff could continue to pursue additional land opportunities to increase recreational and park space opportunities for the City. C/O'Connor felt the five MAY 4, 2004 PAGE 6 CC STUDY SESSION objectives should be included in the Council's goals and objectives and prioritized along with the current goals and objectives. PUBLIC COMMENTS: None offered. 2. REVIEW PROPOSED POLICIES FOR USE OF THE DIAMOND BAR CENTER. CSD/Rose began by reporting that Dr. Das told him that the Cerritos Performing Arts Center allowed the use of fire and incense. Staff obtained a copy of their use policy that stated the use of any flammable device or substance i.e. candles was strictly prohibited without specific prior approval from the Cerritos Performing Arts Center management. All material used or burned for an event must be viewed and approved by the fire marshal and approval was made on a case-by-case basis. Staff's opinion was that because there were so many cultures and traditions within those cultures there would be a tremendous learning curve for the City to familiarize itself with even a portion of those traditions. For example, dealing with the tea lights sounds simple. In fact, there are many kinds of candles that could be approved that may or may not be acceptable to the City. Due to the health and safety issue, staff would prefer not to add to the dilemma. C/O'Connor asked if the Fire Department would provide a fire marshal to be on-site. Chief Nieto said that the Cerritos Fire Station had personnel stand by on a case-by-case basis. If the group wanted live fire, the fire personnel would stand by with a fire extinguisher. C/Huff felt that as previously discussed, a photograph attached to the permit should help with the problem by staff understanding what had been approved by the Fire Department. CSD/Rose said that staff would prefer to have the initial request go through them and if they believed the request met the standard the applicant would be referred to the Fire Department for a permit. Chief Nieto said that while Dr. Das performs the fire ceremony in one way, other priests do it differently. Therefore, each application would most likely need to be considered on a case-by-case basis and the Department would strive to abide by the City's wishes. C/O'Connor wanted the City to reach out to all cultures even if it meant doing so on a limited basis by allowing candles only. C/Huff said he did not witness anything that would concem him during Dr. Das' presentation. Even a wood fire would not produce sufficient smoke to be of concern and he would be comfortable with the Fire Department's MAY 4, 2004 PAGE 7 CC STUDY SESSION judgment as to the degree of safety. Some ceremonies may require a fire extinguisher on-site and some may not. He was also pleased to learn that incense was not vital to a ceremony and felt that under the circumstances the City could ban incense from the Center. C/Chang thought the Council decided to allow controlled fire and pass the matter on to the Fire Department for a final decision about the safety and health issue on a case-by-case basis. Staff did not have the final authority about the type of produce or fire being used. CSD/Rose reiterated that staff could make an initial determination about whether the product met the Fire Department standards, redirect the applicant to an acceptable product if necessary and then refer them to the Fire Department for the permit. M/Zirbes had some concern about open flames. Dr. Das said last meeting that priests could use tea lights in an oven. Safety was the issue and he had a problem with burning anything other than candles. Also according to Dr. Das it would be acceptable to hold the open fire and incense ceremonies outside. M/Zirbes reiterated the Council consensus to use tea lights or candles in holders only inside the facility and open fire and incense outside of the facility. CSD/Rose explained that with the current policy the City was more restrictive than the Fire Department. If the City were to determine that whatever the Fire Department allowed would be the standard for the Center, Staff would have a difficult time understanding what was allowed. For example, a certain permitted use could activate the smoke alarms, etc. DCM/Doyle felt the more important issue with respect to open flame was not whether the Fire Department would approve it, but how big it would be and who would stop it when it got out of hand. If staff had to make such a determination they would necessarily be in a position to interrupt a ceremony in progress and create a very unpleasant environment. The Fire Department would not be present and CSD/Rose's staff would have to intervene. C/O'Connor again asked if in such cases the Fire Department personnel could be present. Chief Nieto stated that if the City wanted to guarantee the Department's presence there would be a cost associated with such a requirement. C/O'Connor said that with a change to the user policy the cost could be passed through to the user. MAY 4, 2004 PAGE 8 CC STUDY SESSION Chief Nieto explained that in such instances the Department would be responsible for maintaining a proper standard. C/Huff felt the policy should disallow fragrant tea lights and candles. C/O'Connor proposed that the City allow candles inside and no incense and no wood or other burn products. She reiterated her recommendation that use of candles would require the presence of a fire marshal. C/Huff felt the City needed to look at the issue from the perspective of accommodating the public's needs and possibly find a way to contain the wax and fire. CSD/Rose explained that from his perspective staff was ill equipped to perform the duties of professional banquet operators and operate a building that brought in revenues of $300,000 annually. He was concerned about destroying the structure. In short, he felt the City needed someone who knew how to operate such a facility. He attempted to explain the enormity of the task for staff to operate the Diamond Bar Center. He felt that staff could learn how to operate the facility properly but that much of their time would be spent educating themselves about how to run a banquet facility and overshadow their other responsibilities. Chief Nieto said he would "guarantee" that a Fire Department person would be on-site if the City required it. CM/Lowry asked what staff should do if the user kept candelabras lighted during an entire event when they were not allowed on tables? C/O'Connor responded that the Fire Marshal would have to remain at the Center the entire time the candelabras were lit. The only thing allowed on tables would be the tea lights and the candles could only be over a wood surface and not over a carpeted area. M/Zirbes summarized what should be allowed: Tea lights and unscented candles on approved surfaces, permitted by the Fire Department. Incense and open fire would be allowed outside of the facility and the fire marshal would be present when the user was burning candles. Chief Nieto explained that anyone producing an open flame fire must have a permit. CSD/Rose said that staff recommended no animals at the Center. However, if animals were used, it would require a I fte deposit. The animals would be kept on the asphalt and not allowed on the colored concrete or close to the building. There would be a fee included to assure MAY 4, 2004 PAGE 9 CC STUDY SESSION an individual monitored the animals and to make certain the City was provided the required additional insurance. M/Zirbes was okay with allowing animals as outlined by CSD/Rose. In response to C/O'Connor, CSD/Rose asked for Council's direction regarding senior use of the banquet room on the weekends when it was not rented. RS/West said there were some Friday evenings and Sundays available and that all Saturdays evenings were booked. M/Zirbes was okay with what CSD/Rose outlined for the seniors CSD/Rose explained that if someone wanted to use Summitridge Park only and not the Center the use would be just like any other park use. CSD/Rose reported that staff continued to work on the capacity of the Grandview Ballroom using 60 -inch tables. Staff learned today that the City could not exchange the 72 -inch tables for 60 -inch tables. One option was to seek a buyer for the 72 -inch tables. He responded to C/Huff that he did not believe there was room to store both 60 -inch tables and 72 -inch tables. M/Zirbes felt it would be valuable to know the capacity using 60 -inch tables so that a user would have the option of renting 60 -inch tables should they choose to do so. C/O'Connor said the issue of general park use had come up. For instance, D -Bars had an annual field day and used Summitridge Park until the Center construction commenced. They wanted to use the library parking lot (at the Center) and wanted to know if the City intended to restrict use of the entire park when the facility was rented? DCM/Doyle explained that in this specific instance, the Center was booked for a party of 400 for one of the nights requested by D -Bars and the other weekend was a party of 350. CSD/Rose was concerned about parking availability. C/Huff felt the City should work with D -Bars. CSD/Rose spoke with Jim DeFriend who said D -Bars had used other locations but none worked as well as the top of Summitridge Park. C/Huff felt D -Bars would not burden the center since the scheduled main events were slated to accommodate 100 less than the maximum capacity. MAY 4, 2004 PAGE 10 CC STUDY SESSION C/O'Connor felt that the City should install a "Diamond Bar Center" sign next to the Shotgun sign with an arrow pointing left. PWD/Liu indicated that staff was working on that issue. C/O'Connor said a senior citizen complained to her that she was afraid when leaving the Center because someone could hit the rear of her vehicle and send her car over the cliff. She wanted to know if the City was planning to install guardrails or some other type of mitigation. CM/Lowry responded that the City was seeking to have an engineer look at the design and make a professional recommendation for mitigation, if necessary. C/Chang had a similar experience when he left the center today. He felt it was difficult to determine how close his car was to the edge. C/O'Connor asked if there were any loops on the exit to engage the traffic signal? When she left the center today at about 1:00 p.m. only two vehicles were able to get through the green light. PWD/Liu responded the City was using video cameras for detection and would look into the matter. PUBLIC COMMENT: None offered. 4. COUNCIL STANDARDS OF OPERATIONICODE OF ETHICS CM/Lowry reported that a subcommittee was created under the previous Mayor that worked with staff on a number of occasions to create the draft. As the Code of Ethics progressed it was incorporated into the existing standards of operations document that Council approved several years ago. C/Clarke reported that C/O'Connor proposed the adoption of a Code of Ethics similar to what other cities have done. Then the Mayor, Carol Herrera appointed a subcommittee consisting of herself and then Mayor Pro Tem, Bob Huff to work on this project. The subcommittee and staff met several times to discuss ideas and preview other documents including existing City policies adopted in 1996, documents from other cities and certain State law. Over a period of time and after meeting several times with the City Attorney and further amending the document, the final draft ws e-mailed to Council. With the e-mail he asked for suggestions, additions and deletions and not receiving any responses, scheduled the matter for tonight's study session. He told the Council that this was a living document that could be amended at any time. MAY 4, 2004 PAGE 11 CC STUDY SESSION CA/Jenkins explained that there were two versions of the document: One was a clean version and the other a redlined version that showed the changes from what existed today to what was proposed. Using the redlined version he went through the changes proposed by the subcommittee. Paragraph 11 and subparagraphs a) through g), Operation of City Council meetings, describes what happens chronologically during a city council meeting. Paragraph III contains general standards governing behavior during City Council meetings. Paragraph IV dealt with the relationship of the City Council to the City's appointed commissions. Paragraph V dealt with Council Member presentations at other agencies and groups. Paragraph VI dealt with City Council relationships with staff. Paragraph VII dealt with Council Member ethics and responsibilities and relationships with each other. Paragraph VIII dealt with use of City media, and in particular, official and unofficial stationery and business cards. There were no substantive changes in Paragraph I other than the deletion of an unnecessary sentence. Paragraph II, subparagraphs a), b) and c) consisted of non -controversial statements of how Council meetings were run. Paragraph a): The City Manager prepares the agenda; that if a member of the Council wishes to include an item of business on an upcoming agenda that they may do so with the consent of the Mayor. Under Item b) approval of the agenda, the order of business may be changed to accommodate circumstances such as a number of residents in the audience who wish to speak on a particular item, deletion of an item or continuance of an item to another meeting time. Paragraph c) addresses public comments during which members of the public are allowed to speak on items not on the agenda. Additionally, a member of the public may use the public comment period to request the addition of an item to a future agenda. Paragraph c) has new language regarding time limitations. The Mayor is responsible for enforcing the time limit and shall do so uniformly. CA/Jenkins explained in response to C/O'Connor that according to the Brown Act, members of the public have the absolute right to criticize the Council individually and by name. However, if an individual levels a personal attack on a Council Member that individual should be shut down. Paragraph d) speaks to how public hearings are held. Staff's report is first heard, then Council asks technical questions of staff, then the public speaks after which the Council takes it back for deliberation and action. An exception to the five-minute rule is that a spokesperson could be designated to speak for a large group for a period of 15 minutes, for instance and the group could, by a show of hands indicate their concurrence with the speaker's remarks. C/O'Connor noted that applicants were generally not restricted to the five- minute rule and she did not find that noted in the draft. MAY 4, 2004 PAGE 12 CC STUDY SESSION CA/Jenkins felt it would be appropriate to say the Mayor may give applicants additional time beyond their five minutes to present their project. Further, the document could include allowance for the applicant to present a brief rebuttal after the public comment portion. CA/Jenkins continued. Paragraph e) was simply a statement of the law and was unchanged. Council Member reports and Subcommittee reports was the opportunity for Council Members to request an item of business to be included in a future agenda. C/O'Connor thought that any Council Member could request an item be placed on the agenda. CA/Jenkins responded that the draft was written in the negative with the presumption being that the item would go on the agenda unless three people said "No." In response to C/O'Connor's comment, if a requested item did not appear on the agenda if requested, CA/Jenkins stated that it would be a managerial issue. CA/Jenkins explained that the six-month rule was included to prevent a Council Member who disagreed with the disposition of an item to keep bringing it up meeting after meeting in an attempt to get it back on the agenda after the Council had disposed of it. Paragraph f) was a statement of the law that "final decisions of quasi-judicial matters were not subject to reconsideration." Paragraph g) dealt with having to make a decision to extend the meeting past 11:00 p.m. Paragraph 3 contained general standards governing City Council meetings. These items were not new, but merely written in different format. It dealt with written correspondence, agendizing items for future study sessions, meeting minutes referred to as modified action taken format. Paragraph d) Council conduct during meetings was moved to this paragraph from its prior location. Subparagraph 5 discouraged revisiting items during Council Comments that had been discussed during the regular meeting. Paragraph 6 remained as written. Paragraph VII was new and stated that Council Members had a duty to vote either affirmatively or negative on all motions unless precluded by law i.e. conflict of interest. Paragraph 4 — City Commissions - contained some changes in language. Paragraph a) stated that Council Members may attend Commission meetings as a member of the public or to observe their appointees in action and that Council Members should avoid getting involved in such a way as to appear that they were trying to influence the outcome of their Commissions. Paragraph b) states that matters of significance would be referred to Council with a recommendation from the Commission. MAY 4, 2004 PAGE 13 CC STUDY SESSION Paragraph c) went on to state that new ideas or programs formulated by a Commission would not be formal until approved by the City Council. Paragraph 5 dealt with presentations at other agencies and stated that a presentation must reflect the majority position of the Council and if not, Council Members must make it clear they were expressing their personal opinion. Relations with staff contained one change to Paragraph a) indicating that the Council, when criticizing staff should try to criticize work product rather than make personal attacks. CA/Jenkins continued his presentation indicating that Paragraphs a) through j) were similar to the current document. Paragraph 7, Ethical Responsibilities, was currently contained in the document. The biggest change to Paragraph 8 dealing with City media was to narrow the definition of City media to official City stationery and to introduce a new concept, that of individualized City Council stationery and business cards which would be excluded from the definition of City media and make it clear that official City stationery could only be used by City Council members to communicate an official City policy, position or response to an inquiry. City media shall not be used to advocate for or against a candidate for political office, Paragraph b). Paragraph c) is new; This paragraph provides rules for how individualized stationery should be used. Personalized stationery could be used for any purpose that was germane to the Council Member's office provided that it shall not be used to solicit votes, endorsements or funds in connection with a political campaign for re-election to the City Council. C/O'Connor felt Council Members should not have individualized stationery that contained the City's logo. CA/Jenkins asked if Council wanted to schedule this matter for a future study session. C/O'Connor said she had several additional questions and would like the opportunity to meet with staff prior to further study session discussion. M/Zirbes said he was comfortable with what was presented. He agreed that C/O'Connor should have an opportunity to meet with staff, allow staff to make additional changes based on tonight's discussion and input and bring the matter back for a future study session, when appropriate. C/Chang felt that Council Members should conform to a code of ethics with or without a document. MAY 4, 2004 PAGE 94 CC STUDY SESSION PUBLIC COMMENT: Marie Buckland felt there should be no personal stationery for Council Members with the City's logo on it because there is too much room for misuse. ADJOURNMENT: With no further business to come before the City Council, M/Zirbes adjourned the Study Session to the regular meeting at 6:40 p.m. Linda C. Lowry, City C erk The foregoing minutes are hereby approved this a sth day of May , 2004. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 4, 2004 STUDY SESSION: Mayor Zirbes called the Study Session to order at 4:22 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Huff, O'Connor, and Mayor Zirbes. Mayor Pro Tem Herrera was excused. Council Member Chang arrived at 4:50 p.m. Staff Present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; James DeStefano, Deputy City Manager; Bob- Rose, Community Services Director; David Liu, Public Works Director; Sharon Gomez, Senior Management Analyst; Anne Lungu, Associate Planner; Sara West, Recreation Supervisor; Assistant. Fire Chief Nieto and Tommye Cribbins, Deputy City Clerk. ► Business License ► Review of Final Draft from the Sports Complex Task Force ► Review of Proposed Policies for Use of the Diamond Bar Center No. Council Standards of Operation/Code of Ethics ► Public Comments on Study Session Agenda Items M/Zirbes recessed the Study Session at 6:40 p.m. CALL TO ORDER: Mayor Zirbes called the regular City Council meeting to order at 6:52 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. M/Zirbes reported that during the 4:00 p.m. Study Session, Council reviewed Business License, Council Standards of Operation and Code of Ethics, review of the Final Draft from the Sports Complex Task Force and also a review of the Proposed Policies for Use of the Diamond Bar Center. The Council took no reportable action. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Huff. INVOCATION: Darin Esplin, Church of Jesus Christ of Latter Day Saints, gave the invocation. MAY 4, 2004 PAGE 2 CITY COUNCIL ROLL CALL: Council Members Chang, Huff, O'Connor and Mayor Zirbes. Mayor Pro Tem Herrera was excused. Staff Present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; James DeStefano, Deputy City Manager; Bob Rose, Community Services Director; David Liu, Public Works Director; Sharon Gomez, Senior Management Analyst; Anne Lungu, Associate Planner; Sara West, Recreation Supervisor; Assistant. Fire Chief Nieto and Tommy Cribbins, Deputy City Clerk APPROVAL OF AGENDA: Approved as presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Zirbes introduced Miss Diamond Bar 2003 and her Court: Queen Tiffany Rush who then introduced Princesses Heather Holland, Stephanie Calhoun and Rachel Walton. M/Zirbes then went on to introduce Miss Diamond Bar 2004 and her Court: Queen Tara Unfried,who then introduced Princesses Alice Vijeswarapu and Xasha Valderrama. 1.2 C/O'Connor presented Certificates of Recognition to members of the 15th City Birthday Celebration Committee. 1.3 C/Huff proclaimed May as "Fire Service Month." Asst. Fire Chief Nieto accepted the Proclamation. 1.4 C/Chang proclaimed May as "Water Awareness Month." Vice - President Donald Nettles accepted the Proclamation. NEW BUSINESS RECOGNITION: 1.5 M/Zirbes presented Steve Kim, Manager of Market World with a City Tile for being named Business of the Month for May 2004 and displayed a Business of the Month video. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: Anne Heisinger-Kemble, 23637 Bower Cascade, thanked the Council for the stop sign on Bower Cascade at Acolito because it had helped slow the traffic. She felt D.B. needed a larger and safer library with adequate parking that better reflected the City's status as "Diamond of the San Gabriel Valley" and one of the top 20 cities in America. In her opinion, a library was the best and highest use of the property next to the Diamond Bar Center. She urged the Council to act on this issue and help the community build a showcase library. MAY 4, 2004 PAGE 3 CITY COUNCIL Jerry Pilger, 23648 Bower Cascade PI., had witnessed a significant amount of growth in D.B. during the past 39 years and would like to see the library facility grow along with the City. The current facility is inadequate for a community the size of D.B. He thought a new facility was slated for construction at the Diamond Bar Center location but apparently that was not the case. Dexter MacBride congratulated the City Council on its excellent track record and community support. He felt the City's library enjoyed an excellent staff that struggled to overcome significant difficulties such as lack of space, books, computers and parking. He suggested books that could help staff acquire a different perspective about libraries and urged residents to write the City Council urging them to build a facility at Summitridge Park. Iiia Kemble, 23637 Bower Cascade PI., a young person representing the youth of D.B. believed that the Mayor and City Council should urgently consider the need for a new library. Being unable to find resource materials, she and many other students found it necessary to visit other libraries for their resource materials. She felt that D.B. was a great City and that it should have a great library. Edda Gahm thanked staff members Al Flores, Neighborhood Improvement Officer, RS/West and CSD/Rose for their outstanding assistance to her and to the community. Mike Goldenberg reported that the Diamond Bar Improvement Association (DBIA) would hold its eighth annual Paint the Town project on Saturday, June 5 beginning at about 7:00 a.m. and continuing through the day. He thanked the City and volunteers for their support. Irene Wang thanked Mayor Zirbes and other Council Members for coming to the library to read to the children and to visit the facility. She thanked the City Council, staff, Friends of the Library and residents who supported a new library. The small library and its staff are very service-oriented and even though certain books are not available at the local facility they are obtainable through the mobile book program from the 84 libraries throughout Los Angeles County. The library has six computers. Last month Los Angeles County replaced four computers with new computers so that the library currently had six computers with Internet access for the public's use but the library needed more than six computers to fill the resident's demand. She thanked the public for their support. Asst. Chief Nieto invited residents to attend the May 15 Regional Fire Service Day event at the Fire Station 118 Regional Headquarters, 15056 Gale Avenue at Azusa. This year eight Fire Explorers will travel to Germany on a cultural exchange program. He announced that the department made its first appointment of a female Battalion Chief. On May MAY 4, 2004 PAGE 4 CITY COUNCIL 15 the department commences its three-week CERT (Community Emergency Response Team) training program at the Diamond Bar Center. Interested persons should contact Leticia Pacias, Community Services Representative at 909-469-2659. Eileen Ansari said that on May 15 there would also be an open house at the Sheriff's Department from 10:00 a.m. to 3:00 p.m. She complimented the City on an exceptional birthday party. She reminded the Council that during a 1994 study the City determined the current library facility was inadequate for the City and urged the City to help the library with its computer system. She also urged the City to recognize the men and women in uniform and support the box program by listing shoebox items in the City's newsletter. She liked the City's newsletter and felt it should contain more profile and recognition articles about staff members. Marie Buckland reiterated her strong feelings about community support of the troops. She thanked C/Chang for his support of the troops and admonished other Council Members for their lack of support. Clyde Hennessee thanked the Public Works staff for their work on the City's streets and sidewalks. He felt the library was doing a good job for the City under the current budget constraints. He felt the Sports Complex Task Force produced an excellent recommendation. He suggested the City consider opening a satellite facility to house a number of computers to supplement the library's offerings. RESPONSE TO PUBLIC COMMENTS: DCM/Doyle responded to residents that the City had spent a considerable amount of money and effort to submit a California State Library Construction Bond application to fund the construction of a new library. Staff recently received word that it cleared the first hurdle guaranteeing the application was eligible to be rated. D.B. is one of 70 applicants competing for funds. Staff is currently producing a computer-generated animation of what the new library would look like to present to the bond -rating staff. At the Mayor's direction the Library Task Force was created to preview the current state funding application and consider alternatives in the event of its failure. DCM/Doyle stated that in cooperation with the current letter writing campaign he would prefer that instead of the Council, residents direct their letters of concern to the California State Bond Board asking that they fund D.B.'s request. C/Huff asked how much money the City had spent to date on the bond application to which DCM/Doyle responded in the area of $150-$200,000 toward a $7 million request. C/Huff reminded concerned residents that the City graded the library pad when it graded the Diamond Bar Center and that this Council had been and continued to be committed to building a new library at the Summitridge site. DCM/Doyle reminded residents that the Council authorized a paved parking lot for the library that was constructed and incorporated in the funding request to show the City's MAY 4, 2004 PAGE 5 CITY COUNCIL good -faith effort toward completion of the facility. CM/Lowry reported that staff was gathering information from other cities about possible ways in which the City could honor the troops and that Council would soon receive a proposal for consideration. C/O'Connor asked that a prior speaker not admonish the Council Members for not doing their part to honor the troops. Council Members do not always publicize their gestures and she and her family have personally honored the troops. 5. SCHEDULE OF FUTURE EVENTS: 5.1 LIBRARY TASK FORCE MEETING — May 10, 2004 — 6:30 p.m., CC - 8, Government Center, 21825 Copley Dr. 5.2 PLANNING COMMISSION MEETING — May 11, 2004 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.3 TRAFFIC AND TRANSPORTATION COMMISSION MEETING —May 13, 2004 — 7:00 p.m., Government Center/AQMD Hearing Board Room, 21865 Copley Dr. 5.4 YOUTH MASTER PLAN STEERING COMMITTEE MEETING — May 14, 2004 — 11:00 a.m., Diamond Bar Center, 1600 Grand Avenue. 5.5 LIBRARY TASK FORCE MEETING — May 17, 2004 — 6:30 p.m., CC - 8, Government Center, 21825 Copley Dr. 5.6 CITY COUNCIL MEETING — May 18, 2004 — 6:30 p.m., Government Center/AQMD Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: C/O'Connor moved, C/Chang seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, M/Zirbes NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Herrera 6.1 PLANNING COMMISSIONS — Regular Meeting of March 23 — Received and Filed. 6.2 APPROVED WARRANT REGISTERS — dated April 22, 2004 and April 29, 2004 for a total amount of $465,999.00. MAY 4, 2004 PAGE 6 CITY COUNCIL 6.3 REVIEWED AND APPROVED TREASURER'S STATEMENT — month of March 2004. 6.4 ADOPTED RESULTION NO. 2004-15 APPROVING ELECTRICAL FACILITY COST SHARING AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TANSPORTATION (CALTRANS) FOR TRAFFIC SIGNALS. 6.5 (a) ADOPTED RESOLUTION NO. 2004-16 GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1, DIAMOND BAR ZONE, CITY OF DIAMOND BAR PETITION 135-126 (DIAMOND BAR GOLF COURSE AND SYCAMORE CANYON PARK. (b) ADOPTED RESOLUTION NO. 2004-17 JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR; THE BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY (COUNTY SANITATION DISTRICT NO. 21), AND THE BOARD OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT; THE BOARD OF DIRECTORS OF THE THREE VALLEYS MUNICIPAL WATER DISTRICT - ORIGINAL AREA; THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT; THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT IMPROVEMENT NO. 3 AND THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT IMPROVEMENT DISTRICT NO.4 APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM ANNEXATION OF PETITION 135-126 TO COUNTY LIGHTING MAINTENANCE DISTRICT 1006. 6.6 APPROVED NOTICE OF COMPLETION FOR DIAMOND BAR CENTER (KPRS CONSTRUCTION SERVICES, INC.) 6.7 AUTHORIZED CITY MANAGER TO APPROVE CONTRACT EXTENSION WITH THE NAKOMA GROUP IN THE AMOUNT OF $10,000 FOR A TOTAL CONTRACT AMOUNT NOT -TO -EXCEED $55,000. 6.8 ADOPTED RESOLUTION NO. 2004-18 SUPPORTING AB712 (LIU): METRO FOOTHILLS GOLD LINE CONSTRUCTION AUTHORITY; AMENDING THE PASADENA METRO BLUE LINE CONSTRUCTION AUTHORITY. MAY 4, 2004 PAGE 7 CITY COUNCIL 6.9 APPROVED CONTRACT AMENDMENT NO. 3 WITH TRUGREEN LANDCARE TO INCREASE THE CONTRACT AMOUNT FOR THE CITYWIDE LANDSCAPE MAINTENANCE CONTRACT BY $48,450 FOR A TOTAL 2003/04 FISCAL YEAR AUTHORIZATION OF $400,568.59 AND APPROPRIATION OF $20,000 FROM LLAD#38 RESERVES FOR DISTRICT #38 IMPROVEMENTS TO BE COMPLETED BY TRUGREEN LANDCARE. 7, PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 2003 PUBLIC SAFETY REVIEW — VIDEO PRESENTATION: DCM/Doyle introduced Captain Mike Kwan, Lt. Maxey, Deputy Mark St. Amant, Deputy Diane Dodd and Sgt. Christopher Blasnik, Walnut/Diamond Bar Sheriff's Station. Lt. Maxey presented the 2003 Public Safety Review Video. Mr. Hennessee said that in all instances of contact with Sheriff's deputies he has enjoyed an excellent rapport and he appreciated their service to the community. 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBERS COMMENTS: C/Chang reported that he and other Council Members joined the seniors to celebrate Mother's Day. He wished all mothers a Happy Mother's Day and much health and happiness. He asked staff to schedule 1) a Pomona Unified School District sub -committee meeting to discuss the Sports Complex Task Force recommendations for joint use agreements and requested that CSD/Rose join the discussion and 2) an Economic Development Subcommittee meeting with a presentation by Kosmot about potential economic/financial opportunities. C/Huff reported on the Alameda Corridor East Construction Authority. The first grade crossing is at Nogales and Valley using top-down construction. Friday he attended groundbreaking for the next grade crossing at East End. It was good to see the progress on this important safety project after so many years of planning. He asked that everyone honor his or her mother on Mother's Day. C/O'Connor congratulated outgoing Chamber of Commerce President Richard Malooly for a great year and welcomed incoming President Aziz Amid. She attended an Eagle Scout Code of Honor ceremony and reported that the four recipients completed their projects within D.B. She offered Mayor Zirbes and his family her condolences on the loss of his father-in-law. She asked that tonight's meeting be adjourned in memory of MAY 4, 2004 PAGE 8 CITY COUNCIL Jim Boyd. 10. ADJOURNMENT: There being no further business to conduct, M2irbes adjourned the meeting at 8:32 p.m., in memory of his father-in-law Jim Boyd. b LINDA C. LOWRY, CITY CLERK The foregoing minutes are hereby approved this 1 R Aay of May , 2004. I OEM *91 -WA I m R-143111 vim•'