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HomeMy WebLinkAbout5/3/2005 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MAY 3, 2008 STUDY SESSION: at 5:09 p.m. in Room CC -8 District/Government Center, 218 Present: Tem O'Connor and Mayor Chang Also Present: City Attorney; David Doyle, Assisi City Manager; David Liu, Direc Services Director; Linda Magnu: Management Analyst; Fred Alami Sr. Management Analyst and Torr Discussion of Cable TV I Pathfinder Road Beautifi Budget Calendar Discus; Library Public Comments on Stu Discussion of Cable TV ACM/Doyle presented stat television franchise agree obligations to provide a b� studio facilities in D.B. He proper studio facilities in Adelphia provide the City w equipment purchases. How, subscribers on an amortiz Mayor Chang called the Study Session to order d the South Coast Air Quality Management 5 Copley Dr., Diamond Bar, CA. Council Members Herrera. Zirbes, Mayor Pro Linda Lowry, City Manager; Michael Jenkins, ant City Manager; James DeStefano, Assistant for of Public Works; Bob Rose, Community �on, Finance Director; Sharon Gomez, Senior )lholda, Senior Engineer; Ken ; Ryan McLean, mye Cribbins, Executive Asst. anchise and Local Programming Needs on Session Items and Local Programming Needs: I's repQrt on the review of the City's cable vent with particular attention to Adelphia's .se level of customer service and to provide reported that Adelphia has failed to provide D.B. Accordingly the City can request that th a payment of $60,000 to the City for capital ;ver, Adelphia could pass these costs along to ;d monthly basis. The cost per subscriber would be approximately $0119 per month for the next 29 months ACM Doyle also asked the Cc dedicated revenue stream programming on DBTV. Hi $100,000 a year by placing The cable subscribers woul receive enhanced programn incil if they were interested in creating a through the Adelphia franchise for enhanced indicated that the City could generate about a $0.78 pass through fee on the Adelphia bill. I have to pay the pass through fee but would ing on DBTV in exchange for that cost. MAY 3, 2005 PAGIE 2 CC STUDY SESSION C/Herrera asked what the $100,C responded that the City would s, provide and develop programming to be determined. C/Zirbes said he was not intere his cable bill that he felt was o month. And he was not convir anything that D.B. would like performance. He wondered if stream from Adelphia to the City ste ut ther within a franchise agreement. 0 would be used for and ACM/Doyle ;ure the services of the company to the content and format of which is yet in having additional costs tacked on to geous at the current cost of $87 per that Adelphia would be able to do them to do based on their past e was a way to include a revenue ACM/Doyle commented that Mt. S use students to provide City char interested but did not have money provide them with grants they coul that this option did not provide a ri services. Staff could discuss possib ACM/Doyle responded to C/Herre that it has used for some public s,, and standard to provide adequate staff members who are skilled in tl except on a very limited basis. MPT/O'Connor agreed with C/Zirb, monthly cable bill increased. Howes would be watching DBTV and woul people who do not subscribe to Ade M/Chang said he would prefer no viewer because the monthly rate wa Adelphia to fulfill their promise for within the business areas of the Ci try to persuade Adelphia to assist upcoming franchise negotiations bL agree. 2. Pathfinder Road Beautification C's response to the City's request to el programming was that they were equipment, or staff but if D.B. would help with the programming. Staff felt isonable alternative for programming financing options with Adelphia. that the City has one video camera ty information. It is not of the quality )gramming. In addition, there are no operation of the camera and editing s that she would not like to have her ar, there were 10,000 subscribers who I therefore be obliged to pay for it and phia cannot view DBTV. to place additional charges on the already significant. He would like for placement of high-speed data lines /. ACM/Doyle responded that he will the City in enhancing DBTV during it was unlikely that Adelphia would CM/Lowry stated that although this item appeared on the list of Council goals there was no existing appropri tion to deal with the work. PWD/Liu reported that the Pathfinder Road Beautification project was identified as one of the Council's objectives for this fiscal year. In order for staff to proceed with planning and Jesign work, there needed to be an appropriation of $14,000 for the project. A preliminary cost estimate of a MAY 3, 2005 block wall along the soul Springs Drive and Diamo feet was $500,000 incl services. David Evans ar should be to thoroughly along the entire stretch of objective would fit in with Staff is seeking Council's any portion of the project. PAGE 3 CC STUDY SESSION side of Pathfinder Road between Evergreen d Bar Boulevard of approximately 1900 linear ding design and construction management I Associates recommended that the first step eview the physical limitations and conditions 'athfinder Road to determine how this specific the overall conditions along Pathfinder Road. nput with respect to appropriation of funds for MPT/O'Connor asked how many homes were along the affected portion of Pathfinder Road. PWD/Liu said that no homes front Pathfinder. There are approximately 20 homes between Evergreen Springs and Diamond Bar Boulevard. PWD/Liu responded to side of Pathfinder only. C/Zirbes explained that hi, - was that there were a num] that were in shabby conditi the City was able to get mo move forward. CM/Lowry was given to the City for General Funds had been offsetting funds that could I that both sides of Pathfind order to tie it all together. H C/Zirbes explained to MPT fencing. MPT/O'Connor opined tha spending public funds to in DB homeowners who had r of a landslide. Those home hillside. She felt it was up ti to clean up the area on Pat property owners to join togE area. rrera that the wall was proposed for the south concern in bringing this matter to the Council er of different types of fences along Pathfinder in. One of the goals and objectives was that if Bey from Congressman Miller the project would aid that the money from Congressman Miller construction on Grand Avenue and that no Ilocated to Grand Avenue so there were no s used on the Pathfinder project. C/Zirbes felt r Road should be taken into consideration in elaborated. 'Connor that the residents up above own the this discussion was about the City of D.B. Drove private property and that there are four rt been in their homes since January because wners would love to have $500,000 to fix the code enforcement to get the property owners finder Road and for the City to encourage the her to complete a uniform beautification of the C/Zirbes agreed and said a would like to see what could be done to ensure a full and complete eautification of the entire street, not just the block between Evergreen S rings and Diamond Bar Boulevard. M/Chang said that with reg rd to the City's current budget situation and other items on the Council's list of goals it would be an undue burden to MAY 3, 2005 PAGE 4 CC STUDY SESSION consider doing both sides at this could be reallocated. PWD/Liu i landscaping assessment district reserves at this time. He agreed owners should be asked to clean u C/Zirbes said he would like for the Evans and Associates to deter implemented. He was under the im begin work on this project this surr year's budget there is an anticipate million for the Grand Avenue proje from the Federal government. But Grand Avenue project. ime unless some of the special funds ssponded that a possibility was the However, there were inadequate with MPT/Q'Connor that the property i the areas in and around the fencing. ,ouncil to consider working with David nine what kind of plan could be )ression that the City had the funds to mer. CM/Lowry explained that in next I appropriation for a portion of the first ,t that the City believes it will receive that those funds are dedicated to the C/Herrera asked if the City had received any kind of commitment from Congressman Miller that he would be able to follow through on providing the funds. PWD/Liu said that the $lmillion was earmarked for Grand Avenue. However, it appeared that the feds could obligate only $661,000 for the Grand Avenue project. The $1.6 million was a separate request through the Transportation Bill Re Authorization that had not yet been authorized because the bill must pas through the senate and two houses and the president must sign it. Staff was not certain what would happen to the remaining $339,000. PWD/Liu responded to M/Chang tat the $14,000 for conceptual plans could come from the Public Works bet. C/Zirbes moved, C/Herrera seconc plan for Pathfinder Road from the Boulevard specifically from the SR appropriated from the Public Works M/Chang explained why he felt the City at this time. PM/Fong in response to a question chain link for new fencing. In the c, could not require the chain link be ACM/DeStefano said that code homeowners to deal with accumulat the trash up against the fence. CodE homeowners about taking down the monitor the area to make sure th condition. to move forward with a conceptual sterly end of D.B. to Diamond Bar east with funding for the plan to be feet. ject would be unaffordable for the ;tated that the City no longer allowed se of established properties the City ;hanged to a different type of fence. !nforcement could tell the private !d trash in their back yard as well as enforcement could also talk with the sigh weeds. Code enforcement could it it remained in a well-maintained MAY 3, 2005 MPT/O'Connor reiterated $500,000 to get a block contact the homeowners the fences and whether tl- there were other more imr mitigation. Motion failed by the fo PAGE 5 CC STUDY SESSION that she found it difficult to consider spending wall built. Instead, code enforcement should o see how many would be interested in fixing ey would agree to put up a block wall. She felt ortant issues on the table such as the landslide g Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Zirbes NOES: COUNCIL MEMBERS: MPT/O'Connor, M/Chang ABSENT: COUNCIL MEMBERS: None 3. Budget Calendar Disc CM/Lowry asked for coni budget before the City Co She said that the packagE prior Friday agenda packe C/Herrera recommended on May 24 to begin at budget. M/Chang sugge 1:30 meeting. Council c discuss the budget. I irrence to bring the proposed 2005/2006 FY ncil on May 17 with adoption on June 7 or 21. would be available for Council review with the teduling an alternate Tuesday study session I p.m. for purposes of concentrating on the May 17 at 1:00 p.m. C/Zirbes asked for a urred to meet on May 17 at 1:30 p.m. to ACM/Doyle asked if Coun il wanted to rank the goals within each category or to list all of the goals numerically. MPT/O'Connor felt that it whether they fit into tl eliminated. M/Chang suggested one C/Zirbes agreed with MF should be listed and then constraints. ACM/Doyle said he would of days. uld be prudent to take the new goals and see current goals or whether they should be t in sequence. /O'Connor that the new goals and objectives anked by the Council based on funds and time ide Council with a new list within a couple MAY 3, 2005 4. Library PAGE 6 CC STUDY SESSION CM/Lowry reported that MPT/O with Supervisor Knabe to discuss C/Zirbes felt that initially Supervi funding for a new D.B. library bL Knabe was somewhat amenabl including consideration of a 24,00 current facilities and using it towa Hacienda Heights library, buildin Hacienda Heights, and keeping Supervisor Knabe said he would matter and get back to D.B. with hi MPT/O'Connor asked if staff folio% ACM/Doyle responded that he ha Tierney, Knabe's Senior Assistar He called the County to see if Librarian is in Washington and MPT/O'Connor asked that a follor outlining the content of the meetir at the end of the meeting. She e with Supervisor Knabe coming to could be pared down to two with t affordable. Supervisor Knabe als about putting a huge library at Sc left the meeting feeling somewh further discussion. nor, C/Zirbes and ACM/Doyle met 3ible funding for a new library. or Knabe was opposed to discussing as the discussion evolved Supervisor to looking at a variety of options square foot facility for D.B., selling the I the new libraries, closing the existing a new 30,000 square foot facility in the Rowland Heights branch open. need about 30 days to look into the decision. ed up with a letter to Supervisor Knabe. not but that he left a message for Gail who is heading up the library project. hey had heard anything. The County vill not be available until next week. up letter be sent to Supervisor Knabe and how D.B. felt the matter was left Ireed with C/Zirbes about the meeting he realization that three small libraries e profit going toward making two more indicated that he was not too happy ubarum Park. MPT/O'Connor said she t hopeful that the door was open to C/Zirbes said staff also learned tat Supervisor Knabe did not want a library named for him. M/Chang thanked MPT/O'Connor, time to meet with Supervisor Knab Public Comments on Study Session ADJOURNMENT: With no furthi Council, M/Chang adjourned the Study Se rbes and ACM/Doyle for taking the None Offered. business to come before the City on at 6):T p.m., Li GTLc�ty , _ tty lerk MAY 3, 2005 PAGE 7 CC STUDY SESSION The foregoing minutes are hereby approved this 17th day of �.G, 2005. WEN CHANG, Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 3, 2005 STUDY SESSION: Mayor Chang called the City Council Study Session to order at 5:09 p.m. in oom CC -8 of the SCAQMD/Government Center Building, 21825 Copley Drive, Di mond Bar, CA 91765 ► Discussion of Cable TV Franchise and Local Programming Needs ► Pathfinder Road Beautification ► Budget Calendar Discu ► Library ► Public Comments on St M/Chang adjourned the Study CALL TO ORDER: meeting t o order at 6:35 p.m. it 21865 Copley Dr., Diamond Bar, PLEDGE OF ALLEGIANCE: Allegiance. INVOCATION: gave the Invocation. ROLL CALL: Pro Tem O'Connor and Mayor CI Staff Present: Attorney; David Doyle, Assistant Manager; David Liu, Director of Director; Nancy Fong, Planning N and Fred Alamolholda, Sr. Engin APPROVAL OF AGENDA: 1. SPECIAL PRESENTA' Session Items to the Regular Meeting at 6:17 p.m. Mayor Chang called the Regular City Council The Government Center/SCAQMD Auditorium, CA. Council Member Herrera led the Pledge of Ahmad H. Sakr, Ph.D., Islamic Education Center, Council Members Herrera, Zirbes, Mayor Linda Lowry, City Manager; Michael Jenkins, City City Manager; James DeStefano, Assistant City Public Works; Bob Rose, Community Services anager, Ryan McLean, Sr. Management Analyst; ,er. Approved as presented. NS, CERTIFICATES, PROCLAMATIONS: 1.1 Mayor Chang pre ented a Certificate of Recognition to Robert Gauthier, resident and winner of a Pulitzer Prize (Public Service) for the series of stories depicting the level of care to patients at the Martin Luther King Jr./ Drew Medical Center. MAY 3, 2005 PAGE 2 2. 1.2 Mayor Pro Tem O'Connor 2-8, 2005 as "Public Walnut/D.B. Sheriff's De CITY COUNCIL pr sented a Proclamation proclaiming May Service Week" to Sgt. Chris Blasnek. Hart ment. 1.3 Mayor Chang presented proclaiming the month of Heritage Month." 1.4 Council Member Herrera Zimmerman, Director of OI 2005 as "Water Awareness 1.5 Council Member Zirbes pre 2005 Cottontail Country Clc BUSINESS OF THE MONTH: 1.6 Mayor Pro Tem O'Connor p President accepting on bel Winches Power Systems; B CITY MANAGER REPORTS AND Offered. ephine Pan with a Proclamation v 2005 as "Asian Pacific American ited a Proclamation to Gregg s, proclaiming the month of May fI nted Certificates of Recognition to the is Tournament Committee members. esented a City Tile to Steve Loye, Vice alf of Goodrich Corporation, Hoists & siness of the Month for May 2005. OMMENDATIONS: None 3. PUBLIC COMMENTS: en Schafer, DBHS Swim Coach said that while interest in swimming continu s to grow there is no D.B. facility and individuals who wish to partake in t e sport must use the Walnut facility. Mike Spence reported that D.B. ha,- carry a;carry a B+ or better GPA. The swir and with a good pool the City could to hold tournaments here. The pool activities. The City of Industry has and Industry has now made the san Chino Hills will accept the offer. Mr good on either the D.B.H.S. campuE is being short changed by having to kids during practice sessions. Ov D.B.H.S. for other high schools so polo and other swimming program: please reconsider having a swimmi Brittany Roberto, member of the D.E for its help in getting the City a swi practices at Walnut school and rr several other groups. This year is I much to the dismay of the swimmer; a wonderful legacy to him if there w 112 swimmers on its team all of whom i team has a lot to offer the community attract water polo teams from the region could also be used for other community ffered $2.5 million to the school district e offer to Chino Hills and it appears that Spence felt that a structure would look or at Summitridge Park. The swim team vait or share the Walnut facility with little ,r the years many students have left hat they could take advantage of water . He asked the City and City Council to 7g pool in D.B. H.S. swim team, asked the City Council nming pool. Every weeknight the team ust coordinate use of the facility with N.B.'s best year in swimming. This year, , Coach Shafer is retiring and it would be are a pool built in his name. She knows MAY 3, 2005 PAGE 3 CITY COUNCIL that building and maintaining a pool is very expensive but it would provide another community venue or activities and the pool could be rented out to club teams. The Division l swim team competes at a very high level and a local pool would help the team reach its full potential and would be a great asset to the City. Sehna Choi and Shelly Song, swim team members, told the Council that it had been difficult for them to be on the team during the past two years because they were only able to practice during the evening. As a result it was very difficult to maintain a high GPA when they had to study late into the evening. The D.B.H.S. tea is second in the league and if D.B. had a pool it would be very likely that D.B. would be first in the league. It is also difficult to see banners for tennis, badminton, soccer, football, etc. displayed at the high school when there is no banner for swimming. The swim team does not enjoy the same level of respect that other sport teams enjoy. In fact, until this year most people were not aware that the high school had a swim team and a local pool would give the Swim team a sense of pride. Patrick Murphy, Assistant business, the swim team r swim team without a pool a he was fearful that the swi not be able to reach first p available. Now is the time ti that incorporating that as kids achieve their full potei Swim Coach, D.B Swim Team, said that like ceded change. This was the eighth year for the id as the heir apparent to the D.B. swim dynasty i team would hit the wall at D.B.H.S. and would ace status even though the talent to do so was take a new direction at D.B.H.S. and he believed vision with an aquatic complex would help the tial. Jessica Spence stressed t e need for a pool at D.B.H.S. A pool would not only benefit the high scho I and the swim team, it would also benefit the community. Lydia Plunk thanked the City for supporting her first Windmill issue. 4. RESPONSE TO PUBLIC OMMENTS: M/Chang responded to speakers that the City Council included a Sports Complex on its goals list. Staff is working to find both land and money to build facilities that the residents want. C/Zirbes asked if the speakers had gone before the Walnut Valley School District to voice their desire to have a pool and what type of response they had received from the School Board. 5. SCHEDULE OF FUTURE (EVENTS: 5.1 PLANNING COMMISSION MEETING — May 10, 2005 — 7:00 p.m., Auditorium, AOMD/ overnment Center, 21865 Copley Dr. MAY 3, 2005 PAGE 4 5.2 NEIGHBORHOOD TRAFFI 2005 — 7:00 p.m., Room C Copley Dr., neighborhood bi westerly boundaries, Brea C Blvd. on the east. 5.3 TRAFFIC AND TRANSPC 12, 2005 — 7:00 p.m., H Center, 21865 Copley Dr. CITY COUNCIL MANAGEMENT MEETING — May 10, .7, AQMD/Government Center, 21825 ndaries are Pathfinder Rd. on the north, iyon Rd. on the south, and Diamond Bar ATION COMMISSION MEETING — May -ing Board Room, AQMD/Government 5.4 CITY COUNCIL MEETING + May 17, 2005 — 6:30 p.m., Auditorium, AQMD/Government Center,121865 Copley Dr. 6. CONSENT CALENDAR: C/Zirbe moved, C/Herrera seconded to approve the Consent Calendar as presentedwith the exception of Item 6.8. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBER 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 April 19, 2005—As Submitted. 6.1.2 Regular Meeting of April 19, 2005 — As Submitted. 6.2 RECEIVED AND FILED COMMISSION MEETING 1 2005. 6.3 RATIFIED CHECK REGI AMOUNT OF $938,383.31 TRAFFIC AND TRANSPORTATION NUTES -- Regular Meeting of March 10, R DATED MAY 3, 2005 IN THE 6.4 RECEIVED AND FILED TREASURER'S STATEMENT FOR THE MONTH OF MARCH 2005. 6.5 ADOPTED RESOLUTION NO. 2005-21: AUTHORIZING THE RENEWAL OF THE GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES. 6.6 APPROPRIATED $25,000 FROM PROP A (TRANSPORTATION FUNDS) FOR DEVELOP ENT OF ONLINE TRANSIT PASS SOFTWARE. MAY 3, 2005 PAGE 5 CITY COUNCIL 6.7 APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT IN THE AMOUNT OF $570,972 TO MACADEE ELECTRICAL CONSTRUCTION; AND AUTHORIZED A CONTINGENCY A OUNT OF $57,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION OF $627,972 FOR CONSTRUCTION OF TRAFFIC SIGNAL MODIFICATIONS (LEFT -TURN SIGNALS) ON DIAMOND BAR BLVD. AT SUNSET CROSSING RD.; NORTHBOUND S 57 ON RAMP AND COLD SPRINGS LN; AND CONSTRUCTION OF NEW TRAFFIC SIGNALS AT DIAMOND BAR BLVD. AND MAPLE HILL RD., AND PATHFINDER RD. AND PEACEFUL HILLS RD. 6.9 APPROVED LEGISLATIVE SUBCOMMITTEE RECOMMENDATIONS. 6.10 APPROPRIATED NECESSARY FUNDS FROM THE INTEGRATED WASTE MANAGEMENT SPECIAL FUND AND APPROVED CONSULTANT SE VICES CONTRACT WITH HILTON, FARNKOPF AND HOBSON INT E AMOUNT OF $35,300 FOR AUDIT OF SOLID WASTE HAULERS ERVICES AND AUTHORIZED A CONTINGENCY AMOUNT OF $5,00 D, TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AU1 HORIZATION AMOUNT OF $40,300. 6.11 APPROVED GENERAL FUND RESERVE APPROPRIATION FOR PURCHASE OFC PIERS FOR CITY HALL IN THE AMOUNT OF $35,000. 6.12 ADOPTED RESOLUTION NO. 2005-22: ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION FOR ROAD PURPOSES FROM DIAMOND F ILLS RANCH MAINTENANCE CORPORATION, THE OWNER OFT E PROPERTY LOCATED AT THE TERMINUS OF HIGHCREST D=I - MATTERS . MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.8 APPROVAL OF APPROPRIATION OF $8,000 FOR FY 2004105 EXPANDED SUMMER DAY CAMP PROGRAM. C/Herrera asked if the summer day camp program was open to other individuals and if he fees charged would cover the cost of the program. CM/Lowry respondE d affirmatively. The inclusion of the D.B. Chinese School expands expenditures in the current year beyond what the appropriation allows. However, the $8,000 appropriation will be offset by $8,000 in generz ted revenue. MAY 3, 2005 PAGE 6 7, CITY COUNCIL MPT/O'Connor moved, /Zirbes seconded to approve the appropriation of $8,000 for FY 2004105 the expanded summer day camp program. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Zirbes, MPT/O'Connor and M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARINGS: 7.1 ADOPT ORDINANCE NO. 2005-23: DETERMINING THAT UNDERGROUNDING UTILITIES IS IN THE GENERAL PUBLIC INTEREST AND ESTABLISHING THE BREA CANYON RD/WASHINGTON STREET UNDERGROUND UTILITY DISTRICT. SE/Alamolhoda reported the establish the Brea Canyon district as part of the Alame Brea Canyon Road g Pacific/Metrolink, a $42 milli as well as Alameda Corridoi a program to remove 13 p fixtures and install them un( D.B. are as follows: On Bre approximately 800 feet sou approximately 400 ft. east o scheduled for removal fron poles on Washington. The o companies and possibly i owners were notified by dire posted notices and werE Construction is slated to December. The City of Indu approval of this resolution installations. There is no co t this item was to approve a resolution to 3d at Washington St. underground utility a Corridor East Construction Authority's ade separation project at Union m project. The Cities of D.B. and Industry East Construction Authority have started )wer poles and all overhead wires and erground. The limits of the project within i Canyon Rd. from the railroad tracks to h of Washington St; on Washington St. Brea Canyon Rd. A total of 10 poles are both sides of Brea Canyon Rd. and 3 'erhead lines belong to Edison, telephone able companies. All affected property A notice, newspaper advertisements and asked to attend tonight's meeting. commence late November or early ;try and Ace will coordinate the work and J11 also cause undergrounding of future ;t to D.B. residents for this project. SE/Alamolhoda responded o C/Herrera that D.B. has several utility districts. Before incorporation several were established and after incorporation at least two or three were established. PWD/Liu stated that the last underground district was along Diamond Bar Blvd from Temple Ave On the north south to Gold Rush Dr. M/Chang opened the Public Hearing. With no one present who wished to speak on this item, M/Chang closed the Public Hearing. MAY 3, 2005 PAGE 7 CITY COUNCIL C/Zirbes moved, MPT/O'Connor seconded, to adopt Ordinance No. 2005-23. Motion carried by the following Roll Call vote.- AYES: ote: AYES: COUNCIL MEMBERS: Herrera, Zirbes, MPT/O'Connor and M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7.2 (a) APPROVE FOR FIRST READING ORDINANCE NO. 06(2005) ESTABLISHING BUSINESS REGISTRATION AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. (b) RESOLUTI N NO. 2005-24: ESTABLISHING A FEE FOR BUSINESS REGI TRATION AND BUSINESS REGISTRATION RENEWAL AND A ENDING THE EXISTING FEE SCHEDULE TO INCLUDE BUSINE S REGISTRATION FEES. ACM/DeStefano st ted that since incorporation in 1989 the City had contracted througha General Services Agreement with the County of Los Angeles to provide business license services for the D.B. There are about 200 types of businesses for which the County requires a license. The overwhelming majority of those 200 businesses do not exist in D.B. Instead, businesses usual to D.B. are restaurants, facilities that serve alcohol for on-site and off-site consumption and other similar types of land uses. Two years ago the County received about $28,000 for D.B.'s licensing service. During several study sessions over the Past two years the City Council received information regarding business licensing and decided to bring business registration to D.B. in July 2005 for the purposes of determining what businesses occur in D.B. Staff believes there are approximately 1500 to 1800 businesses in D.B. and the City would like to learn about those businesses arid provide them with a Certificate. In exchange for the Certificate the City would receive information on the type of business, business wner/operator, telephone numbers, contacts, etc. The list of business operations would provide the City with an inventory that could be provided to public safety services (police, sheriff and fire), better establish who was doing business in the City and provide a me ns by which the City could confirm the list of businesses within tie two zip codes to ensure that business taxes were being properly apportioned back to the City from the State especially for home based businesses. Additionally, staff could establish the busine s conforms to the City's zoning. ACM/DeStefano emphasized that this registration was not regulatory it was not a tax and was not a business license. This was in fact a business registration offered for a low initial registration fee of $10 and a $10 annual renewal fee thereafter. He stated that the proposed fee is substantially lower than fees charged by other cities in California. Mr. MAY 3, 2005 PAGE 8 DeStefano stated that busin a County business license with the County . Staff is resolution would establish original certificate date rat renewal on January 1. ACM/DeStefano responded program would be labor-intE not be because of the impler be used by the City. CITY COUNCIL asses that are currently required to obtain fould continue to register their business recommending that with adoption the n annual renewal date 12 months from er than all certificates coming due for to C/Herrera that the first year of the isive for staff. Subsequent years would entation of tracking software that would M/Chang opened the Public) Hearing. With no one present who closed the Public Hearing. ACM/DeStefano responder business results in an initial 5, Section 5.200.120 A 1. C/Zirbes felt it was importan businesses in the City for th important for the City to ki business in the neighborhoc he found it difficult to place proposed that both section: schedule for a zero startup c annual renewal. All other bu: $10 renewal fee. shed to speak on this item, M/Chang to C/Zirbes that failure to register a oubling of the fee as indicated on Page for the City to be able to account for the sake of the consumers and it was also ow who was conducting what type of Js for the sake of the residents. He said fee on a home-based business and he be approved with a change to the fee ist for home-based businesses and zero inesses would pay a $20 initial fee and a MPT/O'Connor suggested the program be implemented as recommended by staff and i eviewed in one year for compliance and possible consideration of a hange in the fee structure. M/Chang said that D.B. wan However, it would cost the C would not feel comfortablE program to benefit the entii based businesses. In additi differing criteria for registratl Council discussion ensued. C/Zirbes moved, M/Chang Ordinance No. 06(2005) amending the Diamond Ba following Roll Call vote: �d to be a business -friendly community. I about $75 for each registration and he with the City spending money on a community by subsidizing the home - i, he felt it would burden staff to have seconded to approve for first reading establishing business registration and Municipal Code. Motion carried by the MAY 3, 2005 PAGE 9 CITY COUNCIL AYES: COUNCIL MEMBERS: Herrera, Zirbes, MPT/O'Connor and M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None C/Zirbes moved, C/ errera seconded to adopt Resolution No. 2005- 24: establishing a fee for business registration and business registration renewal and amending the existing fee schedule to include business registration fees with the following revision: That home- based businesses be charged a zero initial fee and a zero renewal fee and that all other businesses would be charged $20 for the initial fee and $10 each year thereafter. MPT/O'Connor referred to Council Study Session Minutes for January 18, 2005 and said that during discussions the Council Members generally agreed to the $10 fee. She felt that the resolution should stand as written with the provision that the matter come back to the Council in one year for further consideration. C/Zirbes reiterated his desire to have the fees changed. M/Chang stated that the Council had discussed this matter for two years and felt that the Council had reached concurrence to lower the fee from $75 down o $10 to be business -friendly in spite of the fact that the City would be subsidizing the program. Motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Zirbes NOES: COUNCIL MEMBERS: MPT/O'Connor, M/Chang ABSENT: COUNCIL MEMBERS: None MPT/O'Connor moved, M/Chang seconded to adopt Resolution No. 2005-24: As presented by staff. Motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS: MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: Herrera, Zirbes. ABSENT: COUNCIL MEMBERS: None CA/Jenkins suggest d that M/Chang's recommendation to reschedule the matter for Study Session was one alternative. Another alternative would be that since he Ordinance would not take effect until 30 days after the Second Peading and that the Council would have a 5'" member after June 7th, the Resolution could be put back on the June 21 agenda. A third 41ternative would be to reach a compromise. MAY 3, 2005 PAGE 10 Council concurred to have agenda. 8. COUNCIL CONSIDERATION: 9. COUNCIL SUBCOMMITTEE RE CITY COUNCIL Second Reading placed on the June 21 None UNCIL MEMBER COMMENTS: C/Zirbes understood the communi 's interest in having a swimming pool and a sports complex. The City of Industry made an offer to D.B.H.S. that should be considered by the Walnut Valley School District. Both land and money are scarce at this time and careful consideration needs to be given to what amenities the City can afford. Last week he and MPT/O'Connor met with Sup. Don Knabe to discuss the possibility of a shared agreement for construction of a new library in D.B. C/Zirbes said he expected the City would hear back from the Supervisor within the next 30 days. He thanked the Friends of the Library for allowing h m to participate in their Wine Soiree. The event was very well attended and he congratulated everyone associated with the Soiree. He encouraged residents to continue calling him with their recommendations and concerns. C/Herrera attended the Council of � Saturday and it was a great event. remember his/her heritage. She appeared to be one of the most s Friends of the Library. C/Herrera coaches and students/swimmers. impression that a swimming pool is has discussed this matter for a nui Complex study. The City is proud matter of whether the City can affi would like to have. Currently, there competing for City funds. A library ( complex and swimming pool $5 m good reserves it also has very seric have to be addressed. D.B. is losii year in the very near future and the replace the sales tax dollars that v example, the Diamond Bar Center, maintain and other facilities such require significant ongoing mainter is losing major tax contributors ar about $400,000 in tax dollars a yep D.B. needs to invest the money it h, City so that it can afford to do the tl- off to a good start in its quest to a perhaps a Sears to replace Kmart. ,frican-American Parents Cultural Fair on She felt it was important for everyone to also attended the Wine Soiree and it iccessful events ever presented by the appreciated gearing from the D.B.H.S. She does not want residents to get the iot important to the City. The City Council nber of years and it is part of the Sports Df what the students achieve and it is a )rd to provide all of the amenities that it are other projects such as a new library ould cost $9 million or more and a sports Ilion or more and although the City has us economic development problems that ig between $800,000 to $1.2 million per City must bring in new business that will ill be lost. It is a serious situation. As an :osts the City about $350,000 per year to is a library and a sports complex would ance and operational funds as well. D.B. d the State of California is withholding .r that would otherwise come to the City. is on hand to bring new businesses to the ings the residents want done. The City is dd new businesses such as Target and MAY 3, 2005 PAGE 11 10 CITY COUNCIL MPT/O'Connor said it was her pleasure last Saturday to represent the Council at the Arbor Day fE stivities at Pantera Elementary School. Everyone should be very proud of 1he students and teachers. Each class gave a presentation and staff prov ded six donated trees that the students planted at the school. Today she attended the Pomona Unified School District's recognition ceremony during which volunteers were given their community service awards. She hopec that the City of Industry had made the same offer to fund a swimming pool to the Pomona Unified School District and not just the Walnut School District. Diamond Ranch High School might have room for a pool and she hoped that D.B. would pursue that possibility as well. She apologized for not being able to attend the Counsel of African-American Parents and the Friends of the Library Wine Soiree. Her daughter played on an under 16 team in the AYSO tournament in Santa Clarita this past weekend and despite playing short, her daughter's team tied the first game and won the second game. With a full team on Saturday they were able to win the tournament. Tomorrow night the Chamber of Commerce and League of Women Voters will hold a Candidate Forum for candidates running in the Special City Council election and Mr. Tye and Mr. Tanaka will be present to field questions. The fo um will begin at 5:30 p.m. here in the SCAOMD/Government Center Auditorium. She encouraged everyone to vote and any resident who wishes to vote on an absentee ballot could do so. M/Chang said that his colleagues had covered most every subject he had intended to speak on this evening. He reiterated that the CAPS and Wine Soiree events were great events. He applauded the Friends of the Library for their efforts and believed the fundraising event was very successful with all of the proceeds going to support the library. The guests of the Soiree talked about the splendor of the Diamond Bar Center and the fact that it was a great showcase for the event. Recently an Asian radio station that broadcasts throughout the entire Bout ern California area held an education fundraising event at the D.B.H.S. cam us. One hundred percent of the funds collected are used for scholarships and education. Today he and MPT/O'Connor attended the Seniors Mother's Day luncheon. With respect to business licensing, he and every other business in Montclair pays a license fee based on a percentage of the an ual company revenue. Rather than a business license fee like the City ol Montclair, DB would only charge $10, reduced from the original $75 fee, to maintain a business -friendly climate. He felt that after many months of discussion the Council should move forward without further changes to the Business Registration program. ADJOURNMENT: With no further business to conduct, M)Chang adjourned the meeting at 8:33 p.m. DA C. LCWR'r, CL`RK MAY 3, 2005 PAGE 12 2005. The foregoing minutes are hereby WEN CHANG, MAY CITY COUNCIL proved thisl7thday of May ,