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HomeMy WebLinkAbout4/5/2005 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION APRIL 5, 2005 STUDY SESSION:Mayor Chang called the Study Session to order at 6:00 P.M. in Room CC -8 f the South Coast Air Quality Management District/Government Center, 218 5 Copley Dr., Diamond Bar, CA. Present: Council Members Herrera. Zirbes, Mayor Pro Tem O'Connor and Mayor Chan . Also Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; David Doyle, Assistant City Manager; James DeStefano, Assistant City Manager; David Liu, Dire for of Public Works; Bob Rose, Community Services Director; Linda Magn son, Finance Director; Sharon Gomez, Senior Management Analyst; Fred Ala olholda, Senior Engineer; Ken DesForges, MIS Director; Ryan McLean, Sr. Ma agement Analyst; Phyllis Young, Los Angeles County Library; and Tommye Cri bins, Assistant City Clerk. ► Financing Options for Constructing a New Library: ACM/Doyle presented staff's report stating the design submitted to the California Library Bond Act Board was for a 24,000 sq. ft. facility with a total project cost of about $10 million. Of this amount, approximately $7 million was directly attributable to construction and $3 million would be used for purchasing add tion collection material, design, development of construction documents and construction management costs. The City would also incur additio al operational expenses that were estimated in 2004 to be about $270,0 0 (total annual operating cost - $1,380,000). Options for funding a new library: Option 1 — General Obligation Bond; property tax levy based on assessed value of the homeowners' property. ACM/Doyle reported that once this item goes on the ballot, the City is precluded from participating in campaigning for or prorroting the measure and may act as a source of information only. In or er for this or Option 2 to be placed on the November 2005 ballot c rtain resolutions must be approved by the City Council by July 4, 2005. Option 2 — Mello -Roos District (Community Facilities District) requires a super majority vote of the people. A tax would be imposed on any reasonable basis, except property value, and if applied equally on all properties would result in an annual assessment of about $35 per parcel. This option could be used for capital facility construction as well as ongoing maintenance and operation. The Council would set the rate each year similar to the procedure for landscape and lighting assessment district. However, the Council must stay within the maximum amount set APRIL 5, 2005 PAGE 2 CC STUDY SESSION forth by a vote of the people or go would not anticipate a problem b upfront costs for construction; and full, the bond could be reduced to costs only. Option 3 — Lease Revenue Bonc Center). This would not require a internally financed through the Fin the current situation there would bE $640,000 repayment toward cons year on-going operating expenses. Option 4 — Use of General Fund $180,000 per year in annual inters million that was used to pay for on MPT/O'Connor pointed out that th library the more it will cost the City ACM/Doyle responded that MPT had heard from people in the it increased significantly as materia ick to the people for an increase. Staff rause the biggest cost would be the nce the construction debt was paid in ,mpensate for the ongoing operational (as was done with the Diamond Bar ote of the people because it would be imcing Authority. The issue is that with no revenue stream available to absorb ruction plus an additional $370,000 a serves would result in a loss of about currently being generated on the $10 ing expenses. longer the City waits to construct the 'Connor was correct and from what he ustry construction material costs have become less accessible. FM/Magnuson stated that the General Fund set aside for Economic Development was $10 million. Thin, idea of issuing the original bonds was to have cash reserves to encourage economic development. In short, the City has an unfettered Fund Balance reserve of $10,114,490. FM/Magnuson and ACM/Doyle f or so the City has used Gen projects and general maintenar state subventions or about $3.5 ACM/Doyle said that last night the fact that the City's General funding the library. Instead, Library Facilities (Mello -Roos) and ongoing operational costs applying a rate payment. C/Zirbes pointed out that if the cost could be broken out much for about seven years and then cover the operating costs. He away from the County and prov' inted out that during the past two years al Fund reserves to supplement CIP due to the reduction in gas tax and Ilion in the current fiscal year. Library Task Force members discussed nd would not be considered a source for y recommended that Council use the trict because it provided for construction d also provided a consistent method for ity applied Mello -Roos, the construction Picker by applying a rate of $75 per year wering the rate to about $20 per year to ked if it would benefit the City to break a "Diamond Bar Library" instead of a APRIL 5, 2005 county library because t the County? ACM/Doyle said that C/Zi outside providers it was d about the same to oper maintenance and infrastructure costs incurr( the collection cost could b have to verify that fact witl MPT/O'Connor asked if his bond issue was torr participating with D.B. PAGE 3 CC STUDY SESSION City would be able to get the money back from es was correct. During initial discussions with ermined that both types of facilities would cost e except for some additional operating and I for a City run facility. ACM/Doyle believed that covered through Mello -Roos but said he would the Bond Council. e City had spoken with Supervisor Knabe since I down about whether he would be interested in ACM/Doyle said, not to d te, but the Task Force discussed that possibility as well. Supervisor Knabe was requesting $20 million believing that he would have access to ab ut 35 percent of that amount. MPT/O'Connor suggestd approaching Supervisor Knabe for help in defraying some of the cots. ACM/Doyle said the Task Force wanted to know if the City was still willing to commit $2.5 million toward the $10 million project. C/Herrera said that based on the Fund Balance Reserve Projections and ACM/Doyle's recommendation to retain about six months worth of operating expenses, or $7.5 million on hand, 2.5 million expenditure to help build the library wou d take the City down to no cash reserves. Following a brief discuss from economic develops have the City diminish ii time in particular it was bringing in additional ta) another $300,000 in r $300,000 in maintenanc $500,000 when Diamon( Sigma Net, leaving the ( City continue its econom paying for the current an MPT/O'Connor sugge Supervisor Knabe to d on about the possibility of deferring some dollars lent, C/Herrera said that she would not like to economic development efforts because at this most important for the City to find a method for revenue dollars. The Diamond Bar Center adds iaintenance expense and the library another e expense. In addition, the City loses another Bar Honda leaves, $360,000 on the departure of ity behind the 8 -ball. Therefore, it is vital that the c development effort in order to continue to afford enities. that staff or Task Force members meet with line if he was interested in participating. C/Zirbes asked Council if the City would be willing to offer its $2.5 million if Supervisor Knabe offered his $7.5 million. APRIL 5, 2005 PAGE 4 CC STUDY SESSION M/Chang said the Task Force felt t commitment to the community it the bond issue. In order for Mell would have to be a significant out participate. C/Zirbes asked Council to consk with Mello Roos, and if so, did the drop the construction cost down c a library assessment district to bi community rather have an LSSI-c felt that residents, Friends of th questions in order to better under Force discussed the fact that the wouldthe residents be paying ag residents be amenable to an ; Diamond Bar? Perhaps the residc but it would be good to ask the qu M/Chang felt that operational isst Task Force concurred to keep t serve the community until a new the ultimate goal. He felt the Tas more money to enhance the curr( project. zat if Council could show its $2.6 million Could bolster the community to support -Roos to succeed, for instance, there reach campaign to get the residents to er whether it wanted to move forward Council want to contribute $2.5 million, go with full consideration of proposing ild a new County library; or, would the ferated Diamond Bar Public Library. He Library, etc. should be asked those tand what the community wanted. Task current facility is a County building and ;in to build a new County facility. Would ssessment if the facility belonged to its do not care who operates the library, ;stion before moving forward. es could be addressed later. He felt the ie existing library functional in order to library was built, and a new library was Force did not want to spend too much nt facility because it was not a long-term C/Zirbes felt as Chair of the Task Force that even if this item was to go on the ballot in November and it was successful, it would be a minimum of three years down the road to full occupancy. While there would not be a significant amount of enhancements proposed for the current facility, there were many things that need improvement in the interim to provide adequate use to the community. C/Herrera asked if the County ould sell its existing facility and use the proceeds to construct a new fa ility if the City chose to pursue a new County facility. ACM/Doyle said that the City's Bond Act Application agreement with the County contains language that states that if the County sold the building the net profit would go into an a count to help deter and pay for ongoing operating expenses associated with a new library. The problem is that it would not be feasible to sell the current building until the new library was built and operational. The agreement was rudimentary and details were dependent upon whether the City was successful in obtaining grant funds. ClZirbes pointed out that since the City had already invested $250,000, there was also the option of waiting until 2006 for the next bond act APRIL 5, 2005 application period for tl' of the new $300 million ACM/Doyle responded 1 commence construction it funds. In fact, the City woL documents because the drawings as part of the bo PAGE 5 CC STUDY SESSION cities in the third cycle to re -apply for portions ttruction funding. MPT/O'Connor that if the City were to Mould be precluded from applying for the grant d be precluded prior to design and construction )tate would have to approve the construction process. Responding to C/Herrera, ACM/Doyle said that D.B. would have to submit another application and compete with other cities incorporated in the $300 million worth of applicatior s that were not funded in the third round. C/Herrera said that one of the reasons D.B. scored low was its lack of public transportation to th a proposed site. She asked if the City should be pursuing public transportation with Foothill Transit or MTA to secure a bus stop at the Diamond Bar Center site. ACM/Doyle said that ini providing a transit center. CSD/Rose said there turnaround area at the tol C/Herrera asked if the lo% CSD/Rose said that the t ly there was excitement about the location issues with the driveway and lack of parking lot could be used as a drop off site? sit people wanted a larger area. ACM/Doyle reiterated that the grant board's rating was very subjective. D.B. was down rated because the site was not in the downtown core and the facility did not border Grand Ave. The facility was located at the top of a hill and was viewed as preventing people from going to the library. Also, public transportation had to be within '/4 mile and according to the review the current library built in 1970 was "too new and modern." MPT/O'Connor felt the C ACM/Doyle said that if tl on as a ballot measure meet the July 4 deadline measure would require campaign issues. The i However, an active can conducted by individualE should approach Supervisor Knabe. ie Council saw any possibility of putting this item staff would need direction very soon in order to ACM/Doyle responded to C/Herrera that a ballot a citizens' group to follow through with the ',ity Council could put a measure on the ballot. paign to promote a "yes" vote would have to be other than City staff. APRIL 5, 2005 PAGE 6 CC STUDY SESSION C/Herrera asked if campaigning sh that the Council would receive 1 whether to initiate a ballot measure CM/Lowry pointed out that when tt telephone survey over 60 percent paying a tax to support a new librar M/Chang felt the Task Force was effort. Public Comments: Marsha Hawkins said that the T. and would participate in a cai direction from the Council and figure out what residents want. Kathleen Newe said that the City no library and that it would be 0 library system. She felt that reside would be wonderful for the City C beautiful library in D.B. now, becc, back burner, and it would not ha lament that the residents and the had the chance to do so. Steve Tye, Library Task Force respectfully disagreed with MA interested in improving the curr Salinas let their library system er the current facility the very best commits to building a new facility. make progress by waiting until option would be considered. Alan Wilson said he did not neo felt the City should use the Pu library with no additional costs to Phyllis Young, Regional Admini: Todd, County Librarian could p might have chosen the Mello-Ro M/Chang responded to Steve T - wanted to improve the current f, money accomplishing the tasks. Id be part of the information analysis make an informed decision about City conducted the grant application indicated they would vote in favor of Iling to take the lead in the campaign Force was anxious to move forward gn. The Task Force was seeking ted to work with the community to f Salinas, John Steinbeck's home, had largest city in the country without a is tend to take the library for granted. It iuncil to get behind the effort to build a ase if it were put off it would go on the pen. 10 years from now people would City should have built a library when it Member and Planning Commissioner hang that the Task Force was not int library. To Kathleen Newe's point, )de and the Task Force wants to make that it can be whether or not the City He said she felt that D.B. was unlikely to 2006 and could not imagine why that irily agree with a bond measure and Financing Authority to build a new property owners. [tor, County Region said that Margaret ,ide information about other cities that option. that his point was that the Task Force ity but did not want to spend too much APRIL. 5, 2005 ADJOURNMENT: With Council, M/Chang adjourned the The foregoing minutes are he EN CHANG, Ma PAGE 7 CC STUDY SESSION further business to come before the City udy Session at 7:0 m. i inda C. Lowry, City erk approved this 19th day of x , 2005. MINUTE OF THE CITY COUNCIL REGULAR MEETI G OF THE CITY OF DIAMOND BAR APRIL 5, 2005 CLOSED SESSION: 5:30 pm., Room CC -8, SCAQMD/Government Center Building, 21825 Copley Drive, Diamond Bar, CA 91765 ► Government Code Section Conference with Real Property Negotiators. Section 54956.8 (1 case) Property Negotiations: Address: Portion of Lot 1, Tract No. 1479, and Lot 61, Tract No. 42557 Agency Negotiator: City Manager Negotiating Party: D & L Properties, Inc. Under Negotiation: Price and Terms of Payment STUDY SESSION: Mayor Chang called the City Council Study Session to order at 6:00 p.m. in oom CC -8 of the SCAQMD/Government Center Building, 21825 Copley Drive, Di mond Bar, CA 91765 ► Financing Options r Constructing a New Library M/Chang adjourned the Study S ssion to the Regular Meeting at 7:00 p.m CALL TO ORDER: Mayor Chang called the regular City Council meeting to order at 7:10 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Chang led the Pledge of Allegiance. INVOCATION: None Offered. ROLL CALL: Council Members Herrera, Zirbes, Mayor Pro Tem O'Connor and Mayor Chang. Staff Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; David Doyle, Assistant ity Manager; James DeStefano, Assistant City Manager; David Liu, Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Financ 3 Director; Nancy Fong, Planning Manager; Fred Alamolholda, Senior Engineer; Marsha Roa, Communications & Marketing Coordinator; Sharon Gomez, Se iior Management Analyst; Ken DesForges, IS Director ; Ryan McLean, Senior Management Analyst; and Tommye Cribbins, Executive Assist. APPROVAL OF AGENDA: OM/Lowry requested that Item 8.1 be continued to the City Council meeting of April 10, 2005. K, APRiL 5, 2005 PAGE 2 CiTY COUNCIL 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Chang presented CSD/Rose with a Proclamation, proclaiming April 29, 2005 as Arbor Day. clerk to provide staff with day-to-day 1.2 MPT/O'Connor read a Proclamation, proclaiming April 2005 Child Abuse Prevention Month. the voting procedure such as different 1.3 C/Herrera read a Proclamat on, proclaiming April 2005 Sexual Assault Awareness Month. for the June 7 election. Prior to 1.4 C/Zirbes presented the Proclamation to Agnes Gibboney, West End Chapter, proclaiming April 0-16, 2005 as "Victims' Rights Week." 1.5 M/Chang presented the Proclamation to Irene Wang, proclaiming April 10-16, 2005 "National Libra Week." 1.6 Sgt. Blasnek introduced Edwin Roberts, new motor traffic officer, Diamond Bar/Walnut Sheriff's Station. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry spoke about the Special Election and stated that the City Council approved a contract with Martin & Chapman to conduct the election balloting process. The City has also contracted with Caroline de Llamos, an experienced retired certified city clerk to provide staff with day-to-day operating advice and to work with the candidates. On this occasion the voters may experience some differences in the voting procedure such as different voting places. As soon as the County Registrar certifies the precinct maps the City will begin recruiting poll workers for the June 7 election. Prior to going to the poles, voters will have been provided sample ballots in a fashion similar to the way in which they have received sample ballots in the past with the recognizable red, white and blue cover and maybe a Diamond Bar logo. The ballot itself will contain the names of the three candidates. Next to each name will be a circle and the voter will be instructed to fill in the circle of choice with a black pen. Residents who are permanent absentee voters registered with the County Registrar will receive their ballots by mail in a yellow envelope from the City. The voting system "Optimark" contains the same information on absentee ballots as regular ballots. On the evening of the election the ballots will be tallied by election consultant Martin & Chapman, at the Diamond Bar Center. The ballots will be canvassed later in the week and the election results should be ready for Council acceptance at the regular meeting of June 215` when the new council member will be installed. In response to MPT/O'Connor, CM/L Dwry explained that "canvassing" means verifying the absentee ballots receiv d at the polls and any other provisional ballots, and reconciling the data tot ie tabulation results. APRIL 5, 2005 PAGE 3 CITY COUNCIL 3. PUBLIC COMMENTS: Department and the Fire Osman Wei thanked the Sheriff's Department for their quick response to the serious five -car accident. He stated that when a trespasser attempted to run the gate at'The Country Estates" tie Sheriff's Department responded quickly and that he appreciated and thanked them for their quick and efficient response. Mr. Wei said that in the last couple of days he and the Homeowners Association received dozens of calls protesting the placement of a campaign sign within the gated community. "The Country Estates" abides by the City Code that allows campaign signs or date and he wanted to know private property 30 -days prior to the election why the candidate would not follow the 30 -day rule and why the City would allow this to occur. How would a candidate expect to be trusted when they did not follow the rules and regulations of the City? Does the political campaign supersede the rules and regulations? He hoped the City would instruct the candidates to follow the rules. Ling -Ling Chang presented the City Council with a check from the Diamond Bar Community Foundatin in the amount of $6,139.00 representing 10 percent of the Diamond B r Center tile sales. Lydia Plunk, new Windmi 1 Editor, asked for assistance from Council, staff and the community to provide pictures, press releases and advertising dollars. Email the.windmill@verizon.net or fax 909-594-6241. Andrew Forslund, 303 S. F Industry's planned 600 de the project had been in the process, he and his neight he visited City of Industry i with Council Member ZirbE the bulldozers would be response to the EIR and City's strong stance and i monitor future developm( announced and discusses several Public Hearings. Sc aware of the project. He a: the project on its resident: increased to more than 15( hide the buildings more eff Steve Tye commented on tl how the City was seeking ► tax income to enhance the projects. One of the best Trader Joe's in D.B. He sui changed to a "Sears Esseni tax revenue increase. What opportunity to locate in this slo Cedro Drive, said his property faces the City of relopment surrounding Grand Ave. Even though works for many years and had completed the EIR ors found out about it only three weeks ago when ;ity Hall to ask about the project. He since spoke s, staff and City of Industry staff and learned that on-site in less than 60 days. He read D.B.'s he City of Industry's reply and appreciated the le fact that a Task Force had been created to nt on the site. He appreciated that the City the project in this forum and also conducted mehow, not one single resident on his street was ked for the City's help to mitigate the impacts of He said he would like to have the buffer size feet to 200 or even 300 feet and landscaped to !ctively. e important issue of economic development and ,ays to get reliable and steady sources of sales ;ity's ability to fund a new library and other City sings the Council did was to attempt to get a gested that with little effort the K -mart could be al" and the City would realize a substantial sales in exciting opportunity for D.B. to offer Sears the ;ity. APRIL 5, 2005 PAGE 4 CITY COUNCIL IV Marie Buckland felt it was wrong meetings. She said she hoped it RESPONSE TO PUBLIC COMMI ACM/DeStefano stated that with i City has codes that deal with sic seasons (temporary signs). The location and period of placement. placed on private property and th within private gate -guarded comma enforce their own rules, and the ( knowledge of them and does not e any private communities. He, Ai meeting during which the three Coi sign criteria for the upcoming camp of standards contained within the c City's regulations and remove imps have campaign speeches during Council ould not happen again. ;NTS: Dspect to political/campaign signage the ns and codes dealing with the election ode contains standards regarding size, There is no discussion regarding signs .re is no discussion about signs placed nities. Private communities establish and :ity takes no part. in those rules, has no iforce any private regulations created in ;M/Doyle and CM/Lowry attended the ncil candidates were informed about the sign and were provided with the slip sheet )de. The City will continue to enforce the :)perly located signs. ACM/DeStefano stated that the City of Industry owns approximately 1000 acres behind Palo Cedro and Diamond Bar Honda continuing to Valley Blvd. Industry is presently working with Majestic Realty to construct several million square feet of industrial space on the flat portion of the area. The hillside portion, about 600 acres, is the area where Industry has recently processed and approved a plan to develop additional millions of square feet of office space, industrial space, retail space, etc. Industry does not have specific plans as to what each of the areas Nill contain. D.B. submitted its initial six- page letter containing comments to Industry in December 2003/January 2004. Industry used the information to construct an Environmental Impact Report that it distributed for public review in mid -2004. D.B. reviewed the document and responded with a 13 -page letter to the City of Industry outlining in greater detail traffic impact concerns, land use compatibility issues and concerns about items earlier mentioned by the speaker this evening. The two documents recommended that aggressive setbacks, yard area separations between buildings proposed near the residential property, extensive use of trees and other natural barrier be used to help reduce visual and noise impacts. The D.B. documents addressed other issues including odor and light indicating specifically hat lights should be directed away from residential properties. The July document addressed traffic issues and the impact that such a large project would have on the City and more particularly on Grand Ave. and adjacent streets. As required by law, the City of Industry completed their EIR in October and therein responded to the City's July comments. Most responses from Industry were in short "thank you for your comments." Many responses suggested Industry would incorporate the types of mitigation addressed in the City's I 9tters. However, they were unable to be specific because, as Industry has ma ntained throughout the process, they do not know what will be developed. All appeal periods have been exhausted, and there is no way to challenge Industry's Environmental document. The project is moving forward. Most of the grading that is currently apparent has APRIL 5, 2005 PAGE 5 CITY COUNCIL to do with soils and acce commence within the ne; that it would start sooner t City discussions were cot City County meetings. newsletter to all residents aware of community con{ D.B. The project is a City of In( land use decision-making couple of years Industr aesthetically pleasing buil good landscaping and goy Industry will provide the ty it is Industry's project; they are the "developer' in this ;s to the existing grazing. Construction will likely couple of years, but D.B. has had no indication an about one year. ACM/DeStefano stated that all Jucted publicly through study session and formal ast year the City sent a monthly community iat highlighted this project on Page 2. Staff is very arns and has requested that Industry work with ustry document, and Industry maintains all of the authority. He pointed out that during the past has done a fairly good job of constructing lings on Brea Canyon Road that are enhanced by d setbacks from the street. Staff is confident that ie of project that would meet D.B. needs. In short, are the landowner and decision -maker; and they project as it moves forward. ACM/DeStefano stated that with respect to the K -mart property, staff and the Economic Development Subcommittee of the City Council are very well aware of the opportunities that are present at that property site. The Economic Development S ibcommittee comprised of Mayor Chang and C/ Zirbes has been working with staff and the owners of the property for the past two years as K -mart has bankruptcy. Unfortunately progressed through several issues including D.B. K -mart was not one of the many stores closed. The center could use significant revitalization and intensity of development including res aurants, retail and other land uses; Staff and the Economic Development SL bcommittee has worked with the property owner, The Charles Company, to c, ffect such an eventuality. At this point this store is a prime candidate for Sear new concept called "Sears Essentials." Staff has direct access to the national Essential is a small version real estate director for Sears. The Sears of Sears that utilizes the Kmart buildings like the one older 85,000 square foot found in D.B. and is currently being rolled out in Chicago and will go national over the next three years. Staff is working with the developer/property own r to determine the appropriate new entity for the site, whether it is a new Essentials. As the speaker version of Kmart or a new version of Sears indicated, Sears is a much stronger brand and has a much better relationship to the D.B. customer and to the area consumer. A Sears Essential would be a big boost to D.B. Staff and the Economic Development Su Dcommittee is looking for much more; and news of future projects at the site will be revealed when available. MPT/O'Connor responded to a speaker that she served on the Industry -East Task Force in the area of Hampton Court off of Washington Street. The Task Force was able to negotiate with Industry and Majestic Realty that they would build a berm topped with trees and landscaping to help disguise the buildings from the homeowners. She aid she could assure the homeowners on Palo Cedro that D.B. would mak;sure that Majestic Realty and the developer APRIL 5, 2005 PAGE would install the necessary land; concerns of the Task Force in Hampton Court because they wi the homeowner side. The Task F so that the loading dock was situ the homes thereby reducing the machinery. Industry is very recep about the placement of the pro School. As ACM/DeStefano stat( the City can do is attempt to mitis 5. SCHEDULE OF FUTURE EV CITY COUNCIL :aping. Industry was very receptive to the ,onnection with the buildings closest to 1Id have trucks loading and unloading on rce persuaded Industry to turn the building ted on the opposite side of the building to oise of the truck engines and the loading veto changes. D. B. expressed its concern pct in close proximity to Neil Armstrong I Industry owns the property, and all that ite its effects on D. B. 5.1 ACE OUTREACH MEETIN (Brea Canyon Road Grade Separation Project) — April 6, 2005 — :00 — 7:30 p.m., Multi -Purpose Room, Walnut Elementary School, 841 Glenwick Ave., Walnut. 5.2 PLANNING COMMISSION MEETING — April 12, 2005 — 7:00 p.m., Auditorium, AQMD/Govern ent Center, 21865 Copley Dr. 5.3 NEIGHBORHOOD TRAFFIC MEETING — April 12, 2005 — Walnut Elementary School., 841 G! nwick Ave., Walnut. 5.4 TRAFFIC AND TRANSPORTATION COMMISSION MEETING —April 14, 2005 — 7:00 p.m., Hearing Board Room, 21865 Copley Dr. 5.5 D.B. 16TH CITY BIRTHDAY CELEBRATION — Sunday, April 17, 2005 — 12:00 — 6:00 p.m. 5.6 CITY COUNCIL MEETING April 19, 2005 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Zirbes moved, C/Herrera seconded to approve the Consent Calendar as presented Motion carried by the following Roll Call vote: AYES: COUNCIL M NOES: COUNCIL MEMBER ABSENT: COUNCIL MEMBER 6.1 CITY COUNCIL MINUTES Herrera, Zirbes, MPT/O'Connor, M/Chang None None 6.1.1 Study Session of Mar h 15, 2005—As Submitted, 6.1.2 Regular Meeting of M rch 15, 2005 — As Submitted. APRIL 5, 2005 PAGE 7 CITY COUNCIL 6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION M STING MINUTES — Regular Meeting of February 10, 2005. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MEETING MINUTES — Regular Meeting of February 24, 2005. 6.4 RECEIVED AND FILED PLANNING COMMISSION MEETING MINUTES 6.4.1 Regular Meeting of February 22, 2005] 6.4.2 Regular Meeting of March 8, 2005 6.5 RATIFIED CHECK REGISTER DATED APRIL 5, 2005 IN THE AMOUNT OF $1,0 8,310.35. 6.6 REVIEWED AND APPROVED TREASURER'S STATEMENT— Month of February 2005. 6.7 REJECTED CLAI1 FOR DAMAGES — Filed by Rocio Gamboa on December 29, 200 . 6.8 RATIFIED INTERIM URGENCY ORDINANCE NO. 05(2005): ADOPTED TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES AND ACCEPTANCE OF THE REQUIRED REPOF T REGARDING ACTIONS TAKE TO ALLEVIATE CONDITIONS WHICH LED TO THE ADOPTION OF THE ORDINANCE. 6.9 ADOPTED RESOI. RANGES FOR RESOLUTION N+ CREATING A STF AND APPROVE COMMUNITY SER 2004/05 BUDGET 6.10 APPROVED CONTF FOR DESIGN ENGII BOULEVARD AT M+ ROAD AT SILVI MODIFICATION PF AUTHORIZED A C CHANGE ORDERS FOR A TOTAL AUTF TION NO. 2005-19: ESTABLISHING SALARY .L CITY POSITIONS AND RESCINDING 2004-65 1N ITS ENTIRETY THEREBY 'ET MAINTENANCE WORKER 11 POSITION, PERSONNEL MODIFICATIONS FOR CES DEPARTMENT AS PRESENTED IN THE )CUMENT. 4CT AMENDMENT WITH WARREN C. SIECKE EERING SERVICES FOR THE DIAMOND BAR 1UNTAIN LAUREL WAY AND BREA CANYON R BULLET DRIVE TRAFFIC SIGNAL OJECT IN THE AMOUNT OF $6,000 AND DNTINGENCY AMOUNT OF $1,000 FOR "O BE APPROVED BY THE CITY MANAGER ORIZATION AMOUNT OF $7,000. APRIL 5, 2005 PAGE 0 CITY COUNCIL 6.11 APPROVED COST SHARING AGREEMENT FOR THE STATE ROUTE 57/60 INTERCHANGE IMPROVEMENTS FEASIBILITY STUDY. 6.12 ADOPTED RESOLUTION NO. 2005-20: APPROVING PARTICIPATION IN THE LOS ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND THE EXECUTION OF THE 2006-2008 COOPERATION AGREEMENT BETWEEN 40S ANGELES COUNTY AND THE CITY. 6.13 RENEWED LOS ANGELES COUNTY GENERAL SERVICES AGREEMENT. 6.15 GRAND AVENUE BEAUTIFICATION/BETTERMENT PROJECT: (a) AMENDED 2004/05 ANNUAL BUDGET TO APPROPRIATE ADDITIONAL FUNDS IN THE AMOUNT OF $690,000 FOR PHASE ONE. (b) APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR PHASE ONE IN THE AMOUNT OF $1,921,000 TO SEQUEL CONTRACTORS, INC.; AND AUTHORIZED CONTINGENCY AMOUNT OF $279,000 FOR CO TRACT CHANGE ORDERS TO BE APPROVED BY TF E CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $2,200,000. (c) APPROVED AMENDMENT NO. 2 TO CONTRACT WITH DEWAN LUNDIN AND ASSOCIATES IN THE AMOUNT OF $78,025 PLUS A CONTINGENCY AMOUNT OF $11,975 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $90,000. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.14 APPROVED LEGISLATIVE SUBCOMMITTEE RECOMMENDATIONS INCLUDED IN STAFF'S REPORT. In response to MPT/O'Co1 information regarding the by request to oppose the propos request that was brought by i their jurisdictional area. She a later time to give staff ad+ questions. nor's comment, C/Herrera provided Mt. SAC Community College Boards ,d expansion of the Mt. Sac Board. The 3sidents in the form of a petition within geed the matter could be continued to a itional time to comment to Council APRIL 5, 2005 PAGE 9 CITY COUNCIL SMA/McLean exp ained that this matter goes before the Commission tomorrow. Mt. SA 's main concern is the increased insurance cost and monthly stipends to the members of the board. They also stated that over the last 5 years the five -person board has been successful and that Mt. SAC ias received several awards along the way for its performance. M/Chang said that when he and C/Herrera received this letter it discussed concerns of the trustee members about additional costs and the processinc of future elections. He and C/Herrera felt that if the current system wo ked well it should remain in place, and he asked for City Council supe rt. C/Herrera moved M/Chang seconded to approve Legislative Subcommittee Recommendations as presented. Motion carried by the following Roll Call vote with MPT/O'Connor abstaining from voting on the Mt. SAC recommendation. AYES: COUNCIL MEMBERS NOES: COU�CIL MEMBERS: ABSENT: COU CIL MEMBERS: 7. PUBLIC HEARINGS: None cy COUNCIL CONSIDERATION: 8.1 ADOPT RESOLUT THE FACILITY USf ESTABLISH A NEV CENTER FOR PROVIDE BENEF SPONSORED BY - Herrera, Zirbes, MPT/O'Connor, M/Chang None None aN NO. 2003-60E: APPROVING CHANGES TO POLICY FOR THE DIAMOND BAR CENTER TO VARIANCE THAT ALLOWS FREE USE OF THE iOVERNMENTAL ORGANIZATIONS THAT TS TO THE COMMUNITY OR ARE CO- ­IE CITY — (continued to March 19, 2005) 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera said that she wa was returning from Wasl California met with officia transportation. She met wi urged the federal legislator of national significance bec for more federal dollars. Th( delivered from the ports by evident that about 60 perce rest of the country. When m that train tracks will be expE safer for the cars and decre sorry she missed the fast Council meeting. She ngton, D.C. where a large delegation from to lobby for additional dollars for California i many legislators and many in the delegation to consider the Alameda East Project a project fuse such a designation would render it eligible rationale is that with the increase of goods being ucks and trains easterly across the country, it is t of goods received are making their way to the re monies are available for the project, it means ided. There will be grade separations making it sing the noise level (less horn blowing as trains APRIL 5, 2005 PAGE h0 CITY COUNCIL cross intersections), a reduction ill regional pollution and a reduction in truck traffic. Her returning plane was delayed, and she encountered vehicular accidents on every freeway she traveled causing her to arrive just as the meeting was ending. She encouraged residents to attend tomorrow's very important Industry East Project p blic meeting. C/Herrera said she was very pleased to represent the City Council at the D.B. Little League opening ceremonies. She was also pleased to represent the City Council before the delegation from Longpao, China. She was sorry that the gentleman who spoke about the Industry business park left the meeting because she wanted to tell him that Mayor Dave Perez Industry City Hall to voice their concerns told her about D.B. residents visiting the and that Mayor Perez responded to them that D.B. and Industry have a good working relationship and that the two cities would make every effort toward staff for providing information regarding noteworthy mitigation. She thanked the upcoming election. She had a number of questions for staff incl ding who would serve on the absentee ballot canvassing board the day )efore the election and how were those employees selected, and when "staff" is referred to does it mean current City staff or newly employed staff. She had a number of questions and wondered how it would best serve the community to disperse the information such as through a public study session. She asked CA/Jenkins to comment on the best method for getting questions answered. CA/Jenkins felt the best method would be that all concerned individuals including Council Members would submit their questions to CM/Lowry in writing. CM/Lowry and the cons ltant City Clerk would then prepare a memorandum providing answers to all questions and the memorandum could be made available to the Council and to the community. He advised caution about getting too involved in the election process since it was a fairly straightforward ministerial process run by the City Clerk's office. He recommended against a meeting that could be misinterpreted to involve a degree of inappropriate i volvement by the Council. C/Herrera said she felt there was ar excellent discussion on the potential for converting Kmart into a Sears. Economic Development is one of the City Council's goals and also a goal of the residents. Because D.B. faces a loss of about $800,000 in tax revenue as a result of losing major businesses, the City needs to work very hard to generate additional sales tax dollars. She hoped that staff would pursue discussions with Sears. She read an article today about South EI Monte rejecting a strip club seeking permits. The attorney threatened a lawsuit on behalf of the owner. The attorney in question goes from city to city attempting to locate strip clubs and he has already successfully obtained a $2 million judgment from the City of Anaheim because they refused his permits. S uth EI Monte indicated that they would rather pay the fine than have a strip club in close proximity to their schools. She hoped that D.B. could be prostive in tightening its codes to prevent such a scenario. APRIL 5, 2005 PAGE 11 CITY COUNCIL C/Zirbes said that he too had read the article and was interested in the Council's position. He also found it humorous that the proposed club was named after the attorney. Last night the Library Task Force met and discussed options for bu Iding a new library. He encouraged residents to participate in this very important discussion. Under consideration is how to fulfill the dream to build a new and beautiful facility at Summitridge Park next to the Diamond Bar Center, what can be done in the short term to enhance the existing library, and th a services it provides to the community. He asked residents to stay informed and participate in Council, Commission and Task Force meetings. He suggested that M/Chang appoint a couple of Council Members to serve on the Industry East Project Task Force and schedule town hall meetings in the affected neighborhood close to Armstrong School. C/Zirbes thanked the Sheriff's Department for ridding the pocket park at the south end of town of drug E ctivities. As a result of suspicious activities arrests were made during the pat weekend. The Sheriff's Department intends to patrol the area now that i has been identified as a trouble spot. He also thanked the Sheriff's Department and the Fire Department for responding to a motorcycle accident on Site D. He felt it would be a good idea if staff and Council took a proactive approach and talked about the possibility of a Sears Essential locating at the Kmart site instead of across the freeway in the City of Industry. MPT/O'Connor agreed with C/Zirbes that M/Chang schedule a town forum at Armstrong Elementary School. She reminded Council that she had asked for such a town forum a year ago so that residents would not be caught off guard. She felt that if the residents could realize what the Industry East Task Force and staff had been able to do with the Alameda East project they would feel more secure that the City was doing everything possible to work with the City of Industry for adequate mitigation. She reminded residents that the Diamond Bar Communi y Foundation has a landslide victims' fund set up at PFF Bank at Grand Ave and D.B. Blvd to assist flood victims and contributions are tax deductible. MPT/O'Connor said she was honored to represent the City Council in Sacramento for Assembly Member Huff's first bill hearing dealing with the zip code issue plaguing D.B. She and a resident who lives in the affected area spoke on the issue. Assembly Member Huff notified MPT/O'Connor latei that day that the bill passed out of committee on a 6-0 vote. She said she had full confidence in staff that the vote counting for the special election would be done very carefully and accurately. She was pleased that staff and candidates received an email indicating that all questions and concerns would be addressed and materials provided upon request and candidates should feel free to contact staff with any concerns. MPT/O'Connor pointed out that ACM/DeStefano has been working very closely with Kmart and the property owner to revitalize the site. She asked that tonight's meeting be ad ourned in memory of Pope John Paul ll. M/Chang said that a new library was a top priority goal for the City Council and felt that the Task Force would bring forth a suitable funding option. He hoped that once a decision as made that the entire City would support it. APRIL 5, 2005 PAGE )2 CITY COUNCIL He said he would speak with Cit, adequate mitigation for the IndL document. He and C/Zirbes und( the City of D.B. and the Econorr forward to Kmart and Sears' merc at the Kmart site in the future. MA reach an agreement with Target Grand. Construction is slated to scheduled for October 2006. He their tireless effort in getting Targ participate in the City's 16" Birthd beginning at 12:00 noon. He th; Members for their representation 10. ADJOURNMENT: With no fui the meeting at 9:00 p.m. in me 2005. The foregoing minutes are hereby WEN CHANG, MAYOR ---- 1 of industry Mayor Perez about providing stry project in accordance with the D.B. �rstand how important the Kmart site is to is Development subcommittee is looking ing and possibly having a Sears Essential :hang said that the City was finally able to for them to locate at Golden Springs and commence this August with completion hanked ACM/DeStefano and his staff for at to locate in D.B. He asked residents to ay celebration on April 17 at Pantera Park inked C/Herrera and other City Council at City functions. business to conduct, M/Chang adjourned of Pope John Paul II. /NkAZC. LOWRY, CI CLERK this"e 91h day of