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HomeMy WebLinkAbout6/7/2005 Minutes - Regular MeetingCITY C STUDY SESSION: at 5:30 p.m. in Room CC -8 District/Government Center, 21 i Present: O'Connor and Mayor Chang. OF DIAMOND BAR INCIL STUDY SESSION JUNE 7, 2005 Mayor Chang called the Study Session to order of the South Coast Air Quality Management 65 Copley Dr., Diamond Bar, CA. Council Members Zirbes, Mayor Pro Tem Also Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; David Doyle, Assistant City Manager; James DeStefano, Assistant City Manager; Linda Magnuson, Finance Director; David Liu, Director of Public Works; Bob Rose, Community Services Director; and Allison Meyers, Recreation Consultant. ► Youth Master Plan ► Fiscal Year 2005/06 ► Public Comments on Study Session Items YOUTH MASTER PLAN: RC/Meyers presented the Draft with emphasis on the importanc of the City of D.B., Pomona Unii School District. Each Agency wi collaborative model that would engage the community and c through a connected delivery s Master Plan will focus on ti geographical barriers to incre+ transportation. The goal of the determine whether the plan me, youth by increasing self-esteem skills and become more prods recommending that the City Cou at its June 21 meeting. Council City Council meeting. BUDGET DISCUSSION: FD/Magnuson highlighted cl resulting in a net increase of Youth Master Plan via Power Point presentation of establishing a collaborative effort consisting ed School District and the Walnut Valley Unified uld adopt the Youth Master Plan and institute a involve the youth. A key strategy was to fully )ordinate existing facilities and programs use stem (the Web) and grant funding. The Youth e youth to eliminate financial, cultural and Ese access through a service inventory and proposed outcome -based programming is to isurably helps to make a positive difference for increase awareness, help youth increase their ctive citizens. RC/Meyers stated that staff is icil consider and approve the Youth Master Plan agreed to agendize the matter for the June 21 made to the proposed General Fund Budget JUNE 7, 2005 PAPE 2 CC STUDY SESSION MPT/O'Connor said she was unable to City Birthday Party. She again aske accounting of each event. CM/Lowry explained that personnel included in the Decision Packages Surr a Junior Engineer and PWD/Liu found current part-time position. Additional fu not from the General Fund. The City i,- rapid ;rapid rate and the next major step is significantly impact the City's current pe in its recommendation that a full t Technician for IS would be a good w performance. With respect to current three promotions for current positions - Superintendent, Park Maintenance Superintendent and a single range i. Management Analyst to Human Reso existing personnel including 20% fring $13,627. If the City Manager receives would consider an additional 2% for As; $14,491 for a total increase of $28,118. ACM/DeStefano reported that Council regarding consideration of bringing Buildi looking to enhance the control and ( resources in a much more cost-effec analyzes the opportunity and addresses study session. Essentially, an in-house additional hours of customer services. MPT/O'Connor asked if the City had s Official. ACM/DeStefano responded affirmatively would be able to approve projects "ove assist with code enforcement activities ar on a minimum 40 hour per week basic currently paying for contract services. B and ACM/DeStefano said he wished h provide service to the community. The pr( the present building official on an as-ne contract service program to a full time in -t ACM/DeStefano stated that staff looked Since 1997 the City has averaged annu average annual expenditure of about $56( ;termine the cost of events such as the for a detailed revenue and expense Jjustments for existing staff were not narization. Engineering is looking to hire funding for the position by trading in a ds would come from special funds and growing its technological expertise at a to implement the GIS System that will mitting system. Therefore, staff is united ne Desktop/Web Application Support of funds toward improving the City's ersonnel, staff is seeking approval for Recreation Supervisor II to Recreation Supervisor to Park Maintenance crease and title change from Senior rces Manager. The three changes to benefits results in a net increase of 1 6% CPI salary increase and Council istant City Managers the cost would be fas provided a six-page memorandum Eg and Safety services in-house. Staff is verall quality while managing annual ve and efficient manner. The report questions asked by Council at the last program would allow staff to provide lent work to warrant a full time Building He explained how a full time official the counter' and eliminate wait time, d provide additional inspection services at a cost less than what the City is )/Tarango is an outstanding individual had 40 hours from BO/Tarango to posal included retaining the services of tided basis as the City moved from a Ouse staff program. t activity over the past several years. I revenue of about $850,000 with an 000. Staff looked at 10 area cities and JUNE 7, 2005 their building officials and comm cities that compared to D.B. in combinations of consultant servi( type of activity, etc. Staff came higher service level at a rec consideration of a significant inc years staff believes that this is a implementing. MPT/O'Connor asked for add PAGE 3 CC STUDY SESSION inity development directors. The report refers to terms of typical types of construction, typical :es and in-house services, nature of the product, to an understanding that D.B. could provide a uced cost of about $120,000 per year. In 'ease in activity within the City over the next 10 )usiness model that the Council should consider time to consider the matter. C/Zirbes said his concern was confirmation of salary projections for the anticipated four employees. The nore the City brings in house the more it moves away from being a contract c ty and D.B. may find itself with unforeseen problems 10-15 years down the road similar to big cities that have big staffs and large retirement costs. He asked ACM/DeStefano to provide projections for 10 to 15 years in the future with respe t to contract vs. in-house costs. M/Chang felt it was a good p ACM/DeStefano responded that M/Chang said he was conce customer service. and asked if the $275,000 included benefits. - about providing better staff effectiveness and M/Chang asked staff to place this item on the Study Session agenda for discussion and also on the regul r City Council agenda for Council decision. MPT/O'Connor asked for a copy of the goals and objectives that included this proposal. M/Chang said it would be good if the City could save $120,000 per year and at the same time increase economic potential. Council responded to CM/Lowry that the proposed building and safety positions should be included in the proposed budget. SALE OF PROP A FUNDS: PWD/Liu stated that the City of C money from the City. At the e $1,056,000 and Commerce indic funds for 75 cents on the dollar would come to the City in this fisc also interested in obtaining additic bring that offer to the City Counc agendize the sale of Prop A Fund mmerce approached D.B. about buying Prop A d of this FY the Prop A reserve would be ted they would purchase $500,000 in Prop A With Council approval on June 21 $375,000 it year. The City of Commerce indicated it was ial Prop A funds in the next FY and staff would in the next Fiscal Year. Council concurred to JUNE 7, 2005 PAQE 4 CC STUDY SESSION Public Comments on Study Session ADJOURNMENT: With no fu adjourned the Study Session at 6:30 p.n The foregoing minutes are hereby 2005. WEN CHANG, Mayor None Offered. business to conduct, M/Chang L tinda C. Lowry, City Cler this 21st day of _ _ June , MINUTI REGULAR MEETI CLOSED SESSION: ► Government Code S Title: City Manager OF THE CITY COUNCIL I OF THE CITY OF DIAMOND BAR JUNE 7, 2005 5:00 p.m., Room CC -8 54957 Public Employee Evaluation STUDY SESSION: Mayor Chang called the City Council Study Session to order at 5:30 p.m. in Room CC -8 of the SCAQMD/Government Center Building, 21825 Copley Drive, iamond Bar, CA 91765 ► Youth Master Plan ► Fiscal Year 2005/06 Bud ► Public Comments on M/Chang adjourned the Study y Session Items sion to the Regular Meeting at 6:30 p.m. CALL TO ORDER: Mayor Chang called the Regular City Council meeting to order at 6:40 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: INVOCATION: Church gave the Invocation. ROLL CALL: Pro Tem O'Connor and Mayor Mayor Chang led the Pledge of Allegiance. Pastor Bob Stebe, Northminster Presbyterian ang. Council Members Herrera, Zirbes, Mayor Staff Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; David Doyle, Assistant City Manager; James DeStefano, Assistant City Manager; David Liu, Director of Public Works; Ken DesForges, IS Director; Linda Magnuson, Finance Director; Nancy Fong, Planning Manager; and, Ryan McLean, Senior Management Analyst. APPROVAL OF AGENDA: I Approved as presented. 1. SPECIAL PRESENTATIPNS, CERTIFICATES, PROCLAMATIONS: 1.1 Mayor Chang presnted a Certificate of Recognition to Irene Wang on the occasion of he receiving the "2005 Librarian of the Yeas" Award. Irene Wang introduced Julie McCasland, new Children's Librarian. JUNE 7, 2005 PAGE 2 CITY COUNCIL BUSINESS OF THE MONTH: 1.2 MPT/O'Connor presented a City Tile to Mary McCormack representing MBI Media, I c. as Business of the Month for June 2005. 2. CITY MANAGER REPORTS AN RECOMMENDATIONS: ACIADeStefano reported that landslides occur throughout the United States and can be devastating as witnessed by the 'ecent occurrence in Laguna Beach. D.B. has suffered its share of landslide activity since incorporation. In the case of Minnequa a second landslide in January 2005 affected the same five homes that were affected in 1998 and asa result those same homeowners are once again unable to reside on their properties. A huge issue for D.B. is determining and understanding what occurs within the soil mass and determining what construction tec niques are feasible. The City continues to adopt and enforce rigorous codes providing state of the art techniques for hillside development. Unlike most cities D.B. requires that the developer prove in advance of the project that his proposed building site is stable and will support the proposed produ t. BO/Tarango and PWD/Liu and their departments are responsible for making certain that the products built in D.B. meet the standards and construction plans developed based upon the approved geological studies. D.B.has denied products where the geologic stability studies do not meet theCity's standards. In October 2004 the City Council adopted the Natural Hazards Mitigation Plan, a massive document covering a wide variety of hazards that can affect D.B. The document includes an outline of historical information on D.B., what the City is doing to help prevent this type of activity and what the City hopes and plans to continue to do in the future. D.B. slopes have a variety of geotechnical issues and landslides occur in the City. It is the City's responsibility to make certain that codes are enforced, that appropriate maintenance practices are adopted and that the City continues to monitor situations as they unfold. 3. PUBLIC COMMENTS: addressed concerns put forth by questioning the Mayor and Mrs. C He said that he and the other res and his wife would give close to $ month period. k1len Wilson felt that M/Chang had not 'Herrera in her June 4 Letter to the Editor ang's contributions to a single candidate. lents had a right to know why the Mayor 0,000 to a single candidate within an 18 - Marie Buckland said the residents had a right to know why Majestic Realty invested so much (money) in oth r City Council members' and Assembly Member's elections. 4. RESPONSE TO PUBLIC COMM[ Wilson that he never tried to attack respond in kind. However, he fe supporting one's ideal candidate is be justified and fair. He donated the NTS: M/Chang responded to Mr. anyone and when attacked he tried not to f it was time to respond. He said that every voter's right and everything had to money to the person he felt was the right JUNE 7, 2005 PAGE 3 CITY COUNCIL 5 candidate for the City Coi donated $1,000 to candic home for Jack Tanaka a about $500. Mr. Tanaka M/Chang said he had rn Tanaka in the previous campaign at that time. H received $16,600 from a address assigned to vacs support the candidate of have no further comment with nothing hidden. Wh politics of this City he feel to support his candidate c adhere to the law. SCHEULE OF FUTURE ncil in accordance with the law. For this election he ate Jack Tanaka. He also held a fundraiser at his id the portion for which he was responsible was showed the amount on his candidate's statement. thing to hide. M/Chang said he supported Jack "'ity Council election and donated $3,000 to his did not violate the law. Mr. Tanaka's opponents ingle source PAC consisting of one donor with an nt land in the City of Industry. As long as people heir choice in accordance with the law he would He said that he always acts in the light of the day m individuals from other cities interfere with the that it is his job as a voter and resident of the City choice and as a Council Member it is up to him to NTS: 5.1 TRAFFIC AND TRANSPORTATION COMMISSION MEETING —June 9, 2005 — 7:00 p m., Board Hearing Room, AQMD/Government Center, 21865 Co ley Dr. 5.2 PLANNING COMIV ISSION MEETING — June 14, 2005 -- 7:00 p.m., Auditorium, AQMD Government Center, 21865 Copley Dr. 5.3 CITY COUNCIL MEETING —June 21, 2005 — 6:30 p.m., Auditorium, AQMD/Governme t Center, 21865 Copley Dr. CONSENT CALENDAR: C/Zirbes moved, C/Herrera seconded to approve the Consent Calendar as resented. Motion carried by the following Roll Call vote: AYES: COUNCIL IV EMBERS: Herrera, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL rV EMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MI UTES 6.1.1 Study Session of May 17, 2005—As Submitted. 6.1.2 Regular Meeting of May 17, 2005 —As Submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MEETING MINUTES 6.2.1 Regular Meeing of April 26, 2005 6.2.2 Regular Mee ing of May 10, 2005 JUNE 7, 2005 PAGE 4 CITY COUNCIL 6.3 6.4 6.5 RECEIVED AND FILED ARKS & RECREATION COMMISSION MINUTES — Regular Meeting of April 28, 2005. RATIFIED CHECK REGI of $1,224,588.42. REVIEWED ANDAP month of April 2005. REJECTED CLAIM FO MCGURTY ON FEBRUAI R DATED JUNE 2, 2005 in the amount TREASURER'S STATEMENT— for the DAMAGES FILED BY CHRISTINE 28, 2005. 6.7 APPROPRIATED $500 FROM THE COMMUNITY SUPPORT FUND IN SUPPORT OF THE LOS ANGELES COUNTY SHERIFF'S DEPARMTENT "999 FOR KIDS" PROGRAM. 6.8 APPROVED EXTENSION OF AGREEMENT FOR ONE YEAR FOR TRAFFIC SIGNAL MAIN ENANCE SERVICES WITH REPUBLIC ELECTRIC. 6.9 APPROVED EXTENSION OF CONTRACT AGREEMENT WITH MCE CORP FOR THREE YEARS FOR STREET MAINTENANCE SERVICE. 6.10 AUTHORIZED THE PURCHASE OF TWO LAPTOP COMPUTERS FOR USE IN THE CITY'S EMERGENCY OPERATIONS CENTER (EOC) AND APPROPRIAT D NECESSARY GRANT FUNDS FROM FEDERAL HOMELANDSECURITY FY05 GRANT ($3,000). 6.11 AUTHORIZED THE CITY MANAGER TO PURCHASE ADDITIONAL COMPUTER HARDWARE FROM HEWLETT PACKARD ($25,000). 6.12 (a) ADOPTED RESOLUTION NO. 2005-26: DECLARING THE CITY'S INTENTION TO LE AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT No. 38 AND DIRECTED THE CITY CLERK TO ADVERTISE THE PL BLIC HEARING BEFORE THE CITY COUNCIL AT ITS JULY 5, 005 REGULAR MEETING. (b) ADOPTED RESOLI CITY'S INTENTION TO LEI LANDSCAPE DISTRICT Ni TO ADVERTISE THE Pt COUNCIL AT ITS JULY 5, ITION NO. 2005-27: DECLARING THE Y AND COLLECT ASSESSMENTS FOR ). 39 AND DIRECTED THE CITY CLERK BLIC HEARING BEFORE THE CITY ?005 REGULAR MEETING. JUNE 7, 2005 6.13 PAGE 5 CITY COUNCIL (c) ADOPTED RESOLUTION NO. 2005-28: DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41 AND DIRECTED THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE CITY COUNCIL AT ITS JULY 5, 2005 REGULAR MEETING. APPROVED REIMBURSEMENT OF MANAGEMENT FOR SPECIALIZED RECYCLING SER ICES. 6.14 ESTABLISHED SUBCOMMITTEE 7. PUBLIC HEARINGS: 7.1 INTRODUCTION ( OF RESOLUTION DIAMOND BAR CALIFORNIA EL APPENDICES T( ADDITIONS, DELI AND PENALTIES. $41,000 TO WASTE ELECTRONIC WASTE THE INDUSTRY BUSINESS CENTER (C/ZI RBES/MPT/O'CON NOR, CHAIRPERSON). )F ORDINANCE NO. 07 (2005) AND ADOPTION NO. 2005-29 AMENDING TITLE 15 OF THE CODE ADOPTING BY REFERENCE THE ECTRICAL CODE 2004 EDITION AND >GETHER WITH CERTAIN AMENDMENTS, :TIONS AND EXEMPTIONS INCLUDING FEES BO/Tarango state J that every three years the State of California reviews various co istruction codes that are adopted as printed by the International Cong ess of Building Officials. This year the most recent adoption was the 2 04 Edition of the Electrical Code. The State allows local jurisdictions t require adoption of these codes by ordinance or they will be autorr atically adopted by operation of law. The State allows local cities to amend the code to meet the uniqueness of the city's topographical, geographical and climatic conditions. He described six ame dments/changes set designed to comply with the special needs of tie City. 1) Section 110.14 amends the code to eliminate the use of aluminum wiring less that (4-0) standard outlets and wiring fixtures ; 305-3(b) with respect to temporary wiring D.B. reduced the use of `temporary wiring" from 90 days to 30 days (would reduce the holida decorative lighting period and any other similar temporary use); Section 334.10 (a) and (b) reduces the use of the type of NM/NM- (Romex Cable) in particular exposed areas eliminating damage to the cable wire; 336.4 (a) reduces the same Romex to be use in Tenant Improvements — Commercial Use (reduces fire potential when electrical wiring is run through metal studs); Table 300-1R, increases the depth from 18" to 24" for coverage on buried wire for pools and yard lighting due to expansive soils unique to D.B. hill ides and flat lands. BO/Tarango said that staff submitted the proposed ordinance to the Building Industry and Fire Department with no negative responses back to the City. JUNE 7, 2005 PAGEI6 CITY COUNCIL 0 0 BO/Tarango said that Sec ion I of the ordinance was changed to give applicants 90 days to achieve their project after the approval process. Additionally, Page 3 was changed to indicate holiday decorative lighting rather than Christ as decorative lighting. BO/Tarango responded to MPT/O'Connor that this matter was not required to go before the Planning Commission. M/Chang opened the Public Hearing. With no one present who wished to speak on this matter, M/Chang closed the Public Hearing. MPT/O'Connor moved, C irbes seconded, to approve for first reading by title only and waive ful reading of Ordinance No. 07(2005); and adopt Resolution No. 200 -29 amending Title 15 of the Diamond Bar Code adopting by refere ce the California Electrical Code 2004 edition and appendices to ether with certain amendments, additions, deletions and exemptions i eluding fees and penalties. Motion carried by the following Roll Call ote: AYES: COUNCIL MEMBERS: Herrera, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None COUNCIL CONSIDERATION: None COUNCIL SUBCOMMITTEE RE ORTSICOUNCIL MEMBER COMMENTS: C/Zirbes asked citizens to please vote. He said he recently spent time with Senator Margett, Supervisor Kriabe and Assemblyman Huff discussing issues important to D.B. He attended several meetings during the past three weeks including the Diamond Bar Community Foundation meeting and he said he felt that the Foundation w s now clearly defined and moving forward. He asked residents to support th organization by donating. He also spent time walking neighborhoods and alking with residents about their concerns and appreciated residents taking !me to offer their comments and concerns. C/Herrera said that politics can get very nasty and that it was a shame there had been a lot of negative flyers bashing people. Elections should focus on what the candidate is able to co tribute to the community. She was very disappointed to read about the bashing of Assemblyman Bob Huff and the criticism of him running for his Ci Council seat, as if D.B. did not need Bob Huff who is a regional leader to continue on the City Council for another year before the possibility of him being elected to the Assembly. D.B, desperately needs regional help and to say that a regional leader like Bob Huff should not have run for his Council seat is very short sighted and tantamount to saying JUNE 7, 2005 PAGE 7 CITY COUNCIL that D.B. does not need h alp resolving regional traffic and freeway problems that this City cannot resole on its own. It was no secret that when Bob Huff ran for City Council he also intended to run for the State Assembly and it was very disappointing to hav people throw rocks at Bob Huff. She said she was very concerned about the negative flyers and double standards. There was criticism of outside interf rence by other cities and yet a former assembly member and his wife who as a failed candidate for assembly contributed to the 2003 and 2005 D.B. election and these people live in Walnut. There was also criticism about who contributes to candidates and particular criticism about a person that contributed to a candidate on a personal level and not through a business. She said she found it amusing that someone who sits on the Council went to the s me individual asking for a contribution for his/her campaign. She said she was very concerned about these double standards and that she was very co icerned about the upcoming November with three seats vacant because if residents believe things have gotten out of hand with this election it will be thre times worse this November. She hoped that the leadership on the Council maintained good control of the Council meetings and of the audience members so that the Council could continue to discuss the City's business. MPT/O'Connor welcomed Assemblyman Bob Huff for his presence at tonight's City Council meeting. Earlier tonight the Council approved the formation of a subcommittee for the Industry Business Center and she asked that a Town Forum be calendared in July at Neil Armstrong Elementary School for the residents of the affected area as well as other interested residents. She asked that an ad be placed in the July City News advising the residents about the forurn. She also asked that she and C/Zirbes meet with officials of the City of Industry prior to the Town Forum to make certain that everyone was on the same page and that D.B. had current information about the project. During the past couple of weeks there has been information about the City Council voting 2-2 on a business license tax. She asked to have a staff member explain the difference between the proposed Business Registration "Fee" being discussed by the City Council and a Business License Tax. CM/Lowry explained tha the City proposes to embark on a program to administer a "registration" process and recovering a portion of the administrative cost to implement the process by charging a nominal registration "fee." This is a reimbursement for cost and not a tax. If the City proposed to initiate a ne "tax" the matter would have to be placed on the ballot for a vote of the people in accordance with Proposition 218. The goal for the registration proce s was to obtain economic development information and zoning compliance in ormation regarding businesses that are in the City as well as businesses that come into the City. MPT/O'Connor reiterated that this Council was not discussing a business license tax but rather a b siness registration fee. JUNE 7, 2005 PAGE I8 CITY COUNCIL 10 2005. CM/Lowry explained that if the Council were discussing a tax the City Attorney would be advising the b dy how to place the measure on the ballot. M/Chang admitted that he was t e individual referred to by C/Herrera who sent out a flyer. The reason hesent out a flyer was to fend off the statement by a group of people who feel that he and MPT/O'Connor should be liable for the cost of the special election. In the beginning he proposed that since there was a considerable amount of time remaining to fill the term vacated by then Council Member Huff that the next highest vote recipient in the prior election should have been appointed to fill out the term. However, he did not have Council consensus. Due process was conducted fairly and openly and since Council could not make a deci ion the matter was passed back to the constituents. He said that people have used this as an excuse to attack him and MPT/O'Connor and he felt it was time to set the record straight so he sent out the flyer. Of course D.B. needs help from the State representatives and he believed that residents were spinning the truth. Further, the flyer contained words quoted from the an Gabriel Valley Tribune and this was the same approach he took in 200. In terms of his personal contribution to candidate Jack Tanaka he followed the law and did what he felt was right to support the candidate of his choice. He encouraged residents.to be involved in the ongoing process of electi g candidates and for them to judge the candidates on their merits and what they could contribute to the City. He said he would not intentionally do anything to hurt the City, that he had done his best to serve the community for s wen plus years and that he would continue to serve D.B. to the best of his a ility and most assuredly according to the law. M/Chang spoke about the business registration fee under discussion by the Council and how important he felt it was for the City to know what businesses were being conducted in D.B. for the safety of the community and its residents. $10 is not a tax it is an administration fee only and the $10 does not cover the entire cost of administering the program. He thanked the audience and those watching at home for joining the Council meeting this evening. ADJOURNMENT: With no furth r business to conduct, M/Chang adjourned the meeting at 7:55 p.m. �LeDA C. LOWRY, CLERK The foregoing minutes are hereb approved this lday of _jurte , WEN CHANG, MAYO