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HomeMy WebLinkAbout7/19/2005 Minutes - Regular MeetingCITY COI STUDY SESSION: at 5:00 p.m. in Room CC -8 District/Government Center, 21 Present: Mayor Pro Tem O'Connor and Also Present: Asst. City Attorney; David Dol Assistant City Manager; Davi Community Services Directoi DesForges, Information Systei Marsha Roa, Communication Manager; Fred Alamolhoda, Se Asst. ► Swim Club Swimming OF DIAMOND BAR JNCIL STUDY SESSION JULY 19, 2005 Mayor Chang called the Study Session to order if the South Coast Air Quality Management 5 Copley Dr., Diamond Bar, CA. Council Members Herrera, Tanaka, Zirbes, .yor Chang. Linda Lowry, City Manager; Greg Kovacevich, Assistant City Manager; James DeStefano, Liu, Director of Public Works; Bob Rose, Linda Magnuson, Finance Director; Ken s Director; Nancy Fong, Planning Manager; Manager; Kim Crews, Human Resources for Engineer; and Tommye Cribbins, Executive Presentation ► Presentation of Library Task Force recommendations regarding the Diamond Bar Library; and discussion of the next step(s). ► Public Comments on StOdy Session Items SWIM CLUB SWIMMING POOL (PRESENTATION: CM/Lowry stated that this matter is on tonight's agenda because MPT/O'Connor was approached and asked to bring this matter forward to the Council and in accordance with the City's policies and procedures she asked the Mayor to place the matter on the agenda for discussion, CSD/Rose reported that staff ha Hills Aquatics Club asking if th aquatics facility in D.B. The Cli where they will build a facility possibility. However, because s would rather pursue the possibilit CSD/Rose stated that the Swim the matter, and staff is asking fc should pursue an Aquatics Facili of their facility, City of Industry h; $1.2 million secured loan, the lei pay for construction of the facil flexible in that the dollar amount c been approached by members of the Industry City would be interested in constructing an has a relatively short timeline to determine id have found other cities to be open to the many of the members live in D.B. the Club of such a facility here. lub wants to know if D.B. is willing to pursue direction from Council as to whether the City of any type at this time. As part of the closing offered a $1.2 million cash contribution and a s of which would be negotiated, to be used to . He learned that the terms of the loan are j1d be increased, the terms could be JULY 19, 2005 PAPE 2 CC STUDY SESSION lengthened and the interest rate was negotiable. The Swim Club has also been in touch with the cities of Chino Hills ar d La Mirada. The Club suggested and reviewed Summitridge Park near the be seball field down to the lower grass field including the lower parking lot as a p ssible D.B. location. The facility would require about 185,000 sq. ft. of land that would include parking for 200 vehicles. The portion of Summitridge Park previo sly described entails about 150,000 sq. ft. Additional land could be acquired by grading the hillside next to houses on the north. The cost to construct with minoi grading excluding civil work and other details to understand what degree of wok would be needed is estimated to be $5 to 5.5 million with the City's contribution being about $3.1 million. Coincidentally, the City has about $3.2 million committed to a variety of other projects in the City that could be diverted to pay for th s project. Those projects include the Sycamore Canyon Park Phase IiI ADAretrofit; building additional restrooms and storerooms at Pantera Park; improving the athletic complex at Lorbeer Middle School, adding a restroom, concession and storage building leaving a shortfall of over $1 million that would have to be tak n from the Park Development Fund that was earmarked for a future Sports Complex. CSD/Rose further stated that the pool would require ongoing maintenance and operations money and that the Aquatics Club provided him with an estimated revenue and cost breakdown that totaled to about $700,000. However, it would take about three years for the facility to reach the $700,000 limit in rev nues because it would be moving from an existing location and program that they expect would take a certain amount of time to re-establish. It would likely take two to three years for the phased -in project to be completed so that it woul generate the revenue to support the annual maintenance and operation costs. In addition, there would be long-term capital expenses for replacing boilers, c lorinators, filters, etc. According to the replacement program the Club provided,ft is a five -seven year program to replace $2-3 million in equipment, money that the City would have to save toward the replacement cost. CSD/Rose stated that Aquaduks in Ana: D.B. Aquaduks fully funds and maintain the land and receives a certain amount no cost. In recent discussions with Aqui have that the City of Anaheim would not of high school program that would requii pool would fit the Summitridge locatio spaces. C/Herrera asked if the City decided to swim club would have no priority reque eim Hills is interested in expanding into its facility, and Anaheim Hills donated ►f use time for their annual programs at duks one of the issues that D.B. would lave, is that D.B. might want some kind a larger sized pool. The smaller sized and would require only 100 parking with Aquaduks would it mean that the on the facility? CSD/Rose responded affirmatively. The Industry Hills Aquatic Club needs a 50 - meter (Olympic size) pool. Aquaduks would fund a 25 -meter pool and if a high school program were included they would want to talk with the City about contributing toward the construction as well as some of the maintenance and operation costs. JULY 19, 2005 PAGE 3 CC STUDY SESSION C/Herrera asked if D.B. would have to dedicate the land to Aquaduks. CSD/Rose said that the details Of the agreement would be negotiable. Generally, a facility that is involved in a public-private partnership is owned by the City and the private sector partner usually operates the facility for a set period of time, such as 20-30 years. MPT/O'Connor felt that since th City of Industry was willing to donate money to construction of a facility it would be worth looking into. C/Tanaka said that he was approached by Steve Nelson about this opportunity and seeing that it was on the ag nda waited until the discussion ensued. C/Zirbes said that when he spol the table was about $2.5 million concerned that in order to build projects, and it appeared the p year for the first two years witl' third year. There are several L schools have money to contribu- could afford such a project at thi e with D.B.H.S. about a year ago, the money on instead of $1.2 and $1.2 through a loan. He was Et pool the City would have to give up its current 'oject would be upside down about $250,000 a no guarantee that it would make money in the iknowns such as whether or not the two high and he was concerned about whether the City point in history. MPT/O'Connor said she wanted to be certain that if Council decided to further pursue this matter that the two high schools, two school districts and all community organizations be encouraged to offer financial assistance. C/Herrera asked how many individuals were members of the Aquatics Club and what were their time demands? And, if Club members put money into the project, would they get first choice of tim slots? Steve Nelson asked if this discussion could be continued to a later time so that Rick Shipherd could be present. C/Tanaka asked if alternate sites such as the YMCA were considered. CSD/Rose said that Richard Rick Shipherd wanted to locate the facility at Summitridge Park and did not want to spend time researching other locations. C/Zirbes said that upon reflection, the grading for the Diamond Bar Center at Summitridge turned out to be a major job that increased the initial cost from about $500,000 to several million dollars. He asked if staff knew what was under the baseball field turf? CSD/Rose said he believed that since that - portion of the park had been developed since the 1980's it was in good shape. JULY 19, 2005 C/Herrera wondered whether during be required to prevent landslides bE millions of dollars. PAGE 4 CC STUDY SESSION CSD/Rose said he could not state geotechnical work had been done. grading process more shear keys might se additional mitigation could run in the any certainty because to date no ACM/DeStefano said there was no wayto know what the subsurface conditions were at this time and subsurface conditi ns were definitely part of the equation. C/Tanaka said he was also concerned for what could be three major facilities. CSD/Rose said that a road would provide access to the facilities. Mr. Nelson said he was curious whE replacement. The current facility in Indu were just replaced for $142,000. Howevi fund for equipment replacement it woulc apologized for the lateness of his coil extremely important to the swim club an( Mr. Rick Shipherd arrived. C/Herrera asked if the Swim Club h priority on use of the pool. Mr. Shipherd said the most important a; the pool would be self-sustaining. While t the pool would have to make enough re deal of flexibility in this offer and the entl served from the smallest toddler to comf important to have a balance because th met only through a diverse and inclusive 6:00 a.m. to 9:00 p.m. In the course of Club would be included. The high school the morning and mid-afternoon and pay n there was essentially only one access to be cut off of Summitridge Drive to -e staff got the figures for equipment ;try is a 50 -meter facility and the boilers r, if the City did not have a capitalization be headed down a dangerous path. He ,ague, explained that this project was offered to field questions. the expectation that they would have Sect of the project was assurance that ere is a desire to serve the community, enue to pay the bills. There is a great e spectrum of the community could be :titive athletes and senior citizens. It is $900,000 operating budget would be market. The pool must be in use from he agreement time slots for the Swim -wim teams generally use the facility in thing. Mr. Shipherd responded to C/Tanaka that the goal is to make it work and all alternatives would be pursued with respect to time slots. The current facility has 24 lanes of water. The proposed break-even facility has 27 lanes of water that provide even more flexibility. In addition, it has variable depths and control of an indoor year-round program. Mr. Rick Shipherd responded to C/Herrenthat the pool would belong to the City of Diamond Bar. JULY 19, 2005 PAGE 5 CC STUDY SESSION Mr. Nelson responded to CIV/Lowry that he was very conservative in his projections. At the high end the capital expenditures at the Palms was $168,000 and in those years the pool sV owed a very large deficit. In fact, one year the Palms carried a $220,000 deficit. M/Chang said that in consideration of time constraints the Council needed a bottom line proposal for what kind of facility would be needed, how much it would cost to construct, and how much development it would essentially bring to the City. Mr. Rick Shipherd showed Cc Summitridge Park location. He checked the hookups, etc. and proposed pool, would fit on the one pool is a 50 meter pool the a simultaneous basis. Mr. Rick lessons and the revenue to sup said that this plan has been off{ Chino Hills was $2.8 million bei already in place. The cost to b estimated at $4.1 million and La proposed $4.1 million with an in estimated to cost $4.1 million a 70,000 sq. ft. and the proposed ft. of storage and team areas) follows: a $1.2 million cash cor startup fund with matching funds startup fund of $240,000. At abo $900,000 in revenue and $900,01 fair -share so that the facility is a there would be a $200,000 del $240,000 was earmarked for the Mr. Rick Shipherd said that eve this project his primary interest membership is from D.B. The cls and one-half years and the men and not Chino Hills. That is the r D.B. and he promised to be on fir uncil the proposed plans for a facility at the said that the project director surveyed the site, without "topos" and a site plan he believes the site. The proposal is for a three -pool complex — t would accommodate two high school teams on Shipherd said that the Club teaches swimming port the facility would come from that effort. He :red to other cities. The cost at the low end for .ause Chino Hills has parking lots, lockers, etc. gild a facility in La Mirada at the high end was Mirada indicated they wanted to go beyond the proved facility. The facility proposed for D.B. is ;cording to their cost estimate. The lot area is wilding is 9200 sq. ft. with an additional 800 sq. traffic areas. The swim club's proposal is as tribution from City of Industry; $120,000 for a from their partner (the City) for a total two-year it 27 months the facility should break even with )0 in costs. The intent is to have everyone pay a break-even functioning facility. He guessed that icit in the startup period and that is why the ip-front startup fund, though he was talking with other cities about (as to work with D.B. because the bulk of the f has served 165 D.B. families in the past three )ership wants to be in D.B. and not La Mirada ason he will continue to pursue the matter with e to the next meeting. MPT/O'Connor asked Ric ic Shipherd to point out Grand Ave. and Summitridge Dr. on the map. Mr Rick Shipherd pointed out the location of the streets in relationship to the prop sed location of the facilities. Mr. Rick Shipherd explained to /Chang that the project director's background was aquatics, pools and parks. H did the site plans and blueprints for the other two facilities and used the same n mbers for the D.B. site. There may be some JULY 19, 2005 PAGE 6 CC STUDY SESSION difference in the D.B. market. For example, the cost to match the facades of the community center building would most likely be more expensive. Industry Hills Aquatics is a gold medal club and the club received a $250,000 discount for the pools and he felt the price of the pools was the best possible price. A four to five year take-out loan was being offered at no interest by the City of Industry. Industry Hills Aquatics would be under contract with D.B. to run the facility under an initial five-year contract for example. Industry Hills Aquatics would prefer a longer-term contract with the City and/or management group to use the facility for the lifetime of the pool, a guaranteed 20 years. Mr. Rick Shipherd responded to M/Cha would be responsible for any deficit bE also stated that the City would be respc of Industry. In response to another qu( would require about 220 parking slots tc meets it would be an overflow situaM parking lot could be used would be up 1 102 slots in the lot immediately adjacent the street and there has never been a pz the current facility in eight months and h 27 with at least a good faith agreement. problem arise at Summitridge the proje this time he needs to provide an artist n them know negotiations are proceeding. can bring to the table and every month tf number shrinks and the club starts from club wants to be in a new facility no later PUBLIC COMMENT: Marsha Hawkins asked for a specific nu the swim programs. Mr. Rick Shipherd r, three years or about 82 per year partici 1100 lesson applicants are from D.B competing members are from D.B. Mr. D.B. have been at major universities or NCAA and scored in NCAA. One memb swimmer for the past three years. The i over the past two years and the percent used to be. Mr. Nelson said he is a 19 -year resident Masters Program at the Aquatic Center fi and his son is involved in the program. M likened it to the Huntington Library comin like to build a better library. Industry Hills Huntington Library. This is an outstanding ig that the City would own the pool and tween revenue and operating costs. He isible for repaying the loan from the City stion, Mr. Rick Shipherd said the facility run a normal meet. In the case of larger n and whether the upper D.B. Center the City. The Pacific Palms facility has to the pool with another 130 slots across rking problem. The membership is out of needs to respond to the teams on July Should an insurmountable geotechnical :t could not move forward. However, at ndering/conception to the families to let rhe club has $650,000 in revenue that it at the program is not up and running the i bigger deficit position. He said that the `han 15 months from today. nber of D.B. families that participate in iterated that 165 families over the past ate. In addition, about one-third of the Marsha Hawkins asked how many lick Shipherd said that four kids from full scholarship that had competed in it is a senior and has been a national emographic of the team has changed ge of D.B. kids is much higher than it )f D.B. and has been involved with the r 23 years. His kids took lessons there st of all, this club is prestigious and he I to the Council indicating that it would 4quatics in the world of swimming is a ;lub that has produced Olympic 1 JULY 19, 2005 PAGE 7 CC STUDY SESSION swimmers. This club knows 'w to run the facility and has the reputation to attract membership. D.B. wou d provide a wonderful demographic for swim programs and this kind of facillt would be beautiful at Summitridge Park. Mike Shay concurred with Mr. IN one problem is that this City Cc decision in eight days. He indic decision and there are many th UP Summitridge Park to build ultimately prove to be bad busin ;Ison that the idea and the concept is great. The ncil is being asked to make a multi-million dollar Eted to Council that this was strictly a business igs to determine before the City begins plowing pool. In his opinion, hasty business decisions ss decisions. Mr. Rick Shipherd agreed that it was a business decision. Unfortunately, the club was given the gift of $1.2 million on a short string with a short timeframe in which to act. He would prefer that there was more time but felt that it was good business to consider the short arid long term contributions. He believed that a lot of kids would flock to these programs. Mike Shay said the math is right but there is more to this project than the math because there are too many un nowns when it comes to the land and adjacent neighborhoods. Mr. Rick Shipherd reiterated th t if something comes back to bite the project everyone walks away. Mr. Rick Shipherd responded to Nancy Lyons that the proposal to place a pool on the Chino Hills High School campus included a provision that the high school had first priority of the facility between 8:00 a.m. and 4:00 p.m. The club has second priority for its revenue producing programs and the third priority is competitive events. It is up to the school district to decide when they want to use the facility and it would not be fo free, they would be charged market rate. The club wants to incorporate a wa er polo group because it is a huge revenue source. Mike Spence, D.B.H.S. swim coach, talked about the increasing interest in swim program at the high school and about how hard the team members worked to maintain and improve their competitive status. MPT/O'Connor pointed out that t e Parks Master Plan survey that represented 500 "at random" households reve led that a swimming pool was the number one requested item. C/Herrera pointed out that becaus grading requirements could be s the anticipated cost of this projec proposed by the swim club. D.B. felt the City Council needed more million dollars. She was also oppo of the unknown geological determinations the Inificant resulting in a substantial increase in . She would love to have a complex like that ias talked about this for many years. But she ime to figure out how to come up with $3 plus ed to taking money from already approved JULY 19, 2005 projects. She felt it would be very by the swim club. PGE 8 CC STUDY SESSION C/Zirbes said that while it was a good p to allow the Council to make an inforr matter should have been brought to C allow time for deliberation. The land issL no rendering of the facility that would bi Diamond Bar Center and Grand Ave participating in the construction and opE needs to be addressed. Is there addi- Industry? Last year they talked about offering $1.2 million with additional mo prefer Industry donate the original $2. asked for more assurance on the reven other programs in the immediate area. Mr. Rick Shipherd said he expected W. said he was hoping that after the Coun( wanted to keep the matter on the table be done as proposed and move forward out to the City's satisfaction. C/Zirbes said he would favor a proposal would be paid by the City of Industry ($ free loan balance being paid off by rever a period of 10-15 years. Mr. Rick Shiphe money from the City of Industry but not t( It to make a decision in the time set forth roposal there was insufficient information led decision tonight. Discussion on this ouncil three, four or five months ago to es are important considerations. There is placed in front of and in full view of the Are the school districts interested in rating of the facility? The loan guarantee ional money available from the City of donating $2.5 million and now they're ley available through a loan. He would 5 million or the entire $5.5 million. He ie aspects and how it would compare to Council to respond in this matter and reconvened it could discuss whether it J would enthusiastically believe it could ith the project after everything checked hat would guarantee that half of the cost ?.5 million) with the $2.5 million interest ue from the operation of the facility over d said that he might be able to get more the degree expressed by C/Zirbes. C/Tanaka said he was excited about the proposal. Unfortunately, it comes at the 11t" hour and he realizes that there are other projects that have been approved and are in the works. There is also consideration of a new library facility and if there was a way to do both or if one could come before the other it would be good for the City. He has the excitement or the project and felt that a $1.2 million gift bore consideration. MPT/O'Connor said the Council wouic residents on Summitridge because swim is used from 6:00 a.m. to 9:00 p.m. the i noise. have to consider the impact to the meets are not quiet and when a facility eighbors might not be amenable to the M/Chang said that upon reflection he would like the Council to have time to consider the proposal. The community has sought a pool for some time and the facility would provide good activities that the Council would support. In addition, the swim club offers to bring a prestigious team to D.B. and also bring in $1.4 million to the City. If the City built a reg lar swimming pool it would not make such a significant and positive impact to t e City. If Mr. Rick Shipherd could give JULY 19, 2005 PAGE 9 CC STUDY SESSION the City more time the Coun it should give it more thought because of the possibility of the contributions t ward building and supporting the center. Mr. Rick Shipherd said it site plan and site maps. M/Chang asked if staff could F Park and the possibility of other MPT/0'Connor believed the to see if they were willing to take about 15 days to prepare a cost analysis, a report on the feasibility of Summitridge ter should be discussed with the school districts cipate. CM/Lowry stated that there was no way that staff could provide anything of value in 24 -hours. In order to provide, a responsible answer that would deal with a certain amount of geotechnical issues, site feasibility and appropriateness, access issues and traffic netwo king (an expensive proposition in and of itself), reach a comfort level with the operating budget projections and burn -in period and capital operating needs, determine accurate construction costs, and determine inflation costs, etc. staff would need a considerable amount of time to do its homework. In short, staff would need several months to provide an adequate report and recommen ation to Council. Mr. Rick Shipherd said the contractor told him he could match the Diamond Bar Center facade for $300 per square foot or more. Mr. Rick Shipherd said that it Council indicated to him on Monday that they were willing to move forward to consider the proposal he would advise the Council at that time if the club were willing to wait for D.B.'s decision. ACM/Doyle told Mr. Rick Shiphethat he would need to spend $50,000-$75,000 to come up with an estimate — s ifs analysis, traffic engineering, pro -forma, site map, blueprints, geotechnical, et . ACM/DeStefano said the study Nould have to determine the impact upon the existing services at Summitridge Park. In fact, from a municipal standpoint there were a number of factors that wo ild have to be taken into consideration before a decision could be reached. Council directed Staff to review threquired steps that would need to be taken to and evaluate the proposal maker commendations to the Council. PRESENTATION OF LIBRAY TASK FORCE RECOMMENDATIONS REGARDING THE DIAMOND B R LIBRARY — DISCUSSION OF THE NEXT STEPS. ACM/Doyle presented Council with the Task Force conclusions and recommendations reached during last night's meeting. The Task Force made a JULY 19, 2005 PAPE 10 CC STUDY SESSION number of recommendations for capit and related costs. The County agreE removal of typing booths and constrL Knabe indicated that there was a high for new computers leaving the City w complete the recommendations. The Council dedicate the funds to buy furn'r improvements to the exterior of the benches and tables. C/Zirbes recommended that the Cc to improve the current Diamond concurred. ACM/Doyle further stated that the Council place a measure on the ball and a separate measure to fund ongo Questions for Council: I projects to improve the existing facility J to contribute $25,000 to facilitate the :t a new book display area. Supervisor Drobability that he could provide $16,000 h a proposed expenditure of $13,914 to Task Force is proposing that the City are for a young adults area and complete building including flowerpots, concrete place the matter of contributing $14,000 Library on a future agenda. Council T sk Force recommended that the City of o fund the construction of a new library inc operating expenses for the new library. 1) Does the Council want to pi construction of a new library — YE 2) If the answer is YES how mu contribute? The current estima $13,500,000. The Task Force re least $3 million toward constructic placed on the ballot to fund $10 annual debt service payment or $4 3) If the City does not want to plan construct the facility does the Cit does that do to the reserve funds? 4) Does the City want to place a mee and additional operating expen; escalation/inflationary increase bui year the annual per -parcel assessr 5) And, how does the City want to fin ACM/Doyle reported that the City has a million. In the current fiscal year revE $678,000. However, the City currently d projects in order to keep up with infras reserves are estimated to be $18.6 millic However, the current budget does not acc e a measure on the ballot to fund or no? :h will the City be asking voters to to construct the facility today is ommended that the City contribute at i of a new facility. If the measure were million it would result in an $800,000 i per year per parcel. the matter on the ballot but wants to want to use cash reserves and what ;ure on the ballot for ongoing operating :s and should there be an annual into the assessment? At $400,000 per ent would be $22. the project. eneral Fund operating budget of $17 ues exceed expenditures by about s into its reserves to fund its capital acture mitigation. The General Fund at the end of the current fiscal year. ant for $990,000 of VLF repayment JULY 19, 2005 PAGE 11 CC STUDY SESSION due to the City within the next c community that any reduction in of ongoing revenue that the Ci, uses to fund ongoing operations this project that included fundin paying back the General Fund b, at any point in the future either overturned leaving a General Ft ask the residents to pay for 50 The City currently has $8.8 milli this point there is nothing on the that amount for economic develo were to move forward some of tl project. The Library Task Force City should place something on t to place something on the Nove time to generate sufficient intere; by a two-thirds vote is questional be placed on next June's ballot. ouple of months. He cautioned the Council and the General Fund reserves would result in a loss y generates every year in interest income and Today staff discussed alternatives for financing a the new library out of the General Fund and imposing a specific tax. However, the tax could by Council vote or by a vote of the people be nd deficit. A reasonable alternative might be to percent of the construction and ongoing costs. m dedicated for economic development and at horizon that would require the City to set aside )ment reserves. Certainly if a golf course project iat set aside would be used to contribute to the was unanimous in its recommendation that the )e ballot and their specific recommendation was nber ballot. Whether or not that would provide t and support in the project to pass a measure )le. With the proper paperwork the matter could CM/Lowry stated that the 50150 concept was for Council to pay 50 percent of the construction cost with 50 percent on a reimbursement parcel tax that would sunset. In addition the City would fund back 50 percent of the operating costs out of its annual revenue. Under this scenario the parcel tax would ultimately be less than $30 a year on a 30 -year bon and another $11 for ongoing expenses. C/Zirbes felt that the community would get behind a 50/50 concept. There was a concern about whether November was too soon and the Task Force members and residents present during la t night's task force meeting were anxious to move the matter forward to Nov mber but it seemed to him that it was a short period of time. MPT/O'Connor pointed out that the City had already spent $200,000 toward the Library and she felt the citizens had a right to vote on whether they wanted the Library and the only way to find o it whether the citizens would support the issue would be to put it on the ballot. She was not in favor of raising taxes but felt it was a decision that the residei is should vote on. If the City waits to put something on the ballot next June it would result in additional costs to the City. If the proposal were placed on the November ballot there would be economy of scale. C/Herrera suggested the item be placed on the August 2 agenda. She would favor including the item on the No ember ballot and it would be up to the Friends of the Library to promote the ballot measure. ACM/Doyle reiterated that the ity could provide information but could not actively promote or support the me sure. individual Council Members may want JULY 19, 2005 PACE 12 CC STUDY SESSION to endorse the measure and could ballot measure. write the "in favor' arguments for the Marsha Hawkins said that although it was a relatively short time between now and November the community had been under the illusion, based on the pad and parking lot as well as the information re ayed to the residents and based on the $3 million that the City committed, that the library would be built. Momentum has been building for some time and in parti alar since the Diamond Bar Center was constructed. She felt that everyone should be full on -board with the program and get it on the ballot. Kathleen Newe felt that CM/Lowry's rE and parcel tax was the best suggestic should get behind the proposal and m November ballot. A resident likened spending $30 per believed that the small amount would The library is for everyone and has i and for that reason it should move fore Nancy Lyons said that the library contint and the summer programs turn people a Mike Shay complimented staff on their a huge improvement in favor of the res! C/Tanaka favored placing the item on the C/Zirbes said he was okay with rr comfortable with some of the numbers and he was not comfortable about the ( M/Chang agreed that it should be placed further discussion. ACM/Doyle said that staff would like to before putting together actual numbers. the resolutions that include ballot languac ballot. C/Zirbes suggested the Council schedule the matter is not resolved at the August 2 MPT/O'Connor asked if this proposal Financing Authority? mmendation for a 50/50 participation offered to date and that the Friends forward to get the measure on the to getting one coffee at Starbucks and necessarily be looked upon as a "tax." ing to do with a special interest group to be used by more and more people due to lack of space. )rt to reduce the per parcel tax to $30, ts. ovember ballot. )g the matter forward but was not Irt from what was discussed last night footing half of the building costs. the next Study Session agenda for iscuss the matter with bond experts ie deadline is August 12 for passing to place the matter on the November special meeting for August 8 in case seting. be made through the Public JULY 19, 2005 CM/Lowry said it would depend C/Herrera suggested meeting and staff concurred to hold a s M/Chang suggested that the Q with the construction costs anc costs. He asked staff to cares because if the private sector w money. He would rather not costs. He thought the City mai keep operating expenses at $1 brought in-house the City woul certain that with the efforts tow, community and involvement of future years. In short, ask the pi way for the City or a private ent it simple and smart so that thi forward. PAGE 13 CC STUDY SESSION how the Council wanted to finance the library. July 26 to further discuss the matter. Council session on July 26 at 5:00 p.m. � fund the library and ask the community to help find another way to fund the ongoing operating illy research the ongoing costs of $1.2 million nted to run the facility it would have to raise the >k the people to provide the ongoing operating be able to run the Library more effectively and ?m. If the Building and Safety Department were realize at least an additional $100,000. He felt rd economic development, cooperation from the evelopers the City could increase its revenue in :)ple to help with the construction cost and find a , to cover the ongoing costs. He wanted to keep community would make the decision to move C/Zirbes said he did not know how the operating costs could be lowered but if there was a way the Council should be able to discuss it. if the Council decided to use the $8.5 million set aside for economic development the City would be using borrowed money. However, under this scenario, what income would be lost to the City, how would it begin t impact the budget and the programs already in place? M/Chang said that because the City was getting so little interest on the money (about 3.2%) it might be advisable to spend the money rather than borrow at a higher rate of interest. C/Zirbes said that all related factors should be taken into consideration by staff when making their report to the Council. ADJOURNMENT: With Council, M/Chang adjourned the The foregoing minutes are here 2005. CHANG, Mayor o further business to come before the City tudy Session at 7:06 p.m. approved this 2nd day of au nst MINUTES OF THE CITY COUNCIL REGULAR MEETI G OF THE CITY OF DIAMOND BAR JULY 19, 2005 STUDY SESSION: Mayor Chang called the City Council Study Session to order at 5:00 p.m. in Room CC -8 of the SCAQMD/Government Center Building, 21825 Copley Drive, D amond Bar, CA 91765 ► Swim Club Swimming Pool Presentation ► Presentation of Library Task Force recommendations for the Diamond Bar Library - Discussion of the next steps in the process. ► Public Comments on Stuffy Session Items M/Chang adjourned the Study Session to the Regular Meeting at 7:06 p.m. CALL TO ORDER: Mayor Chang called the Regular City Council meeting to order at 7:15 p.m. i The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. Mayor Chang reported that tonigl Swim Club on the possibility of presentation from the Library Taz library and a new library. The Tz facility and that the matter of a ballot. Any concerned residents Study Session on July 26 at 5:00 which the City Council will contin PLEDGE OF ALLEGIANCE: INVOCATION: gave the Invocation. ROLL CALL: Mayor Pro Tem O'Connor and meeting at 7:45 p.m. Council received a report from the Industry Hills swimming pool in D.B. Council also received a Force on their recommendations for the existing k Force recommended upgrades to the current ew Library facility be placed on the November -e invited to participate in a Special City Council .m. in The Government Center/SCAQMD during e its discussion regarding a new library. Mayor Chang led the Pledge of Allegiance. Ahmad H. Sakr, Ph.D., Islamic Education Center Council Members Herrera, Tanaka, Zirbes, tyor Chang. Council Member Herrera left the City Council Staff Present: Linda Lowry, City Manager; Greg Kovacevich, Asst. City Attorney; David Doyle, Assistant City Manager; James DeStefano, Assistant City Manager; David LiLi, Director of Public Works; Ken DesForges, IS Director; Nancy Fong, PlanningManager; Kim Crews, Human Resource Manager; Ryan McLean, Senior Management Analyst and Tommye Cribbins, Executive Asst. APPROVAL OF AGENDA: CM/Lowry requested that Consent Calendar Item 6.11 be corrected to indicate th first reference to a fiscal year as FY 2004-05 instead of FY 2005-06. The seco d reference to fiscal year is correct. JULY 19, 2005 PAGE 2 CITY COUNCIL SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Herrera presented a Proclamation to Jeff Fargot, Regional Parole Administrator and Paul Toma, T.H. Pendergass Parole Museum Chairman, proclaiming 100 years of Parole. 1.2 Presentation regaring Starshine Park ADA Retrofit and Improvement Project was given y CSD/Rose. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry reported that the City expects to receive in excess of $900,000 in payback of State borrowed VLF funds this fiscal year. Since the sum was not included in this year's budget, the Fund Balance should be $900,000 more than originally anticipated. 3. PUBLIC COMMENTS: the proposal to build a ne which has involved many is that a new facility was simp reasons: The current Libra advance the cultural imag values, meet the advanced properly, would bring addit worked very hard on issue spoken to members of the the general consensus with tremendous addition to D.I? Bar Center survey was cons priority was a new Library. unanimously to place the c election ballot so that the pe would speak loud and clea behalf of the youth, educal Council Members would sta the community. Kathleen Newe, Friends of efforts toward bringing this November ballot. She appr make the City fiscally sounc that every citizen would pa Library in D.B. Mike Shay, 32 year resident, spoke about N state-of-the-art D.B. Library, consideration of sues and challenges. The Task Force concluded y the right thing to do for the City for the following y is completely outdated, the new Library would of the City and stimulate increased property educational needs of the City's youth and if done onal revenue to the City. While the Task Force and answers, their community members have :ommunity at large regarding a new Library, and n the community is that a new Library would be a . He reminded residents that when the Diamond lusted a few years ago, the second most popular Earlier this evening the City Council concurred onstruction of a new Library on the November aple could speak to this issue. He felt that people in support of a new Library. He hoped that on yrs and the community in general, each of the nd tall and together on this issue for the good of ie Library, commended the Task Force on their natter to the fore and placing the issue on the ciated that the Council and staff had worked to so that a new Library was possible. She hoped icipate and learn what it meant to have a new Betts Griffone, Friends of the Library, said that the Friends appreciated the City Council Members and their concurrence in supporting a ballot measure for a new Library. During the Study Session reference was made that the Friends of the Library is a "special interest" group, and she said she believed the Friends was not a spec; I interest group and that libraries were for JULY 19, 2005 PAGE 3 CITY COUNCIL everyone. Marsha Hawkins, President, Friends of the Library and Task Force Member spoke on behalf of a new ibrary and cited statistics that supported the value of libraries to youth in thei pursuit of learning and excellence. She reminded the Council that when tha current library was built in 1979,it was already below the Los Angeles C unty specs for a population of 20,000. 'The only better Library for D.B. is a new Library," she said. Marie Buckland asked hat was happening at the Country Hills Towne Center. Several people have told her it has become a hangout for undesirables and wonderE d if the developer would be improving the property. 4. RESPONSE TO PUBLIC COMMENTS: ACM/DeStefano responded to a speaker that staff continues to work with MCC Capital, the owner of the Country Hills Towne Center and that the owner is finalizing plans at City Hall for presentation to the Planning Commission in a Public Hearing that will be scheduled as soon as th City receives the revised traffic studies for the project. The owner intens to re -skin the entire center with contemporary architecture, add new lighting, landscaping and signage as well as a two or three story medically oriented office building at the southerly portion of the center. Likewise, the owner intends to fill the vacant spaces with goods and services for the neighborhood, City and Valley. With respect to the speaker's comments about the center being a hangout for undesirables, he said that staff would discuss the matter with the Sheriff's Department first thing tomorrow. 5. SCHEDULE OF FUTUREI EVENTS: 5.1 Candidate Filing Period — Monday, July 18, 2005 to August 12, 2005 for the November 8 2005 City Council Election. 5.2 CONCERTS IN THE PARK Byran Lyon Jones (Country) — July 20, 2005-6:30-8:00m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. p. 5.3 PLANNING COMMISSION MEETING- July 26, 2005 — 7:00 p.m., Auditorium, AOMD/i3lovernment Center, 21865 Copley Dr. 5.4 CONCERTS IN THE PARK Over -Reactors (80's) — 6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.5 SPECIAL STUDY S SSION — July 26, 2005 — 5:00 p.m., Room CC -8 AQMD/Government Center, 21865 Copley Dr. 5.5 PARKS AND RECREATION COMMISSION MEETING -- 7:00 p.m,, Hearing Board Roo , AQMD/Government Center, 21865 Copley Dr. JULY 19, 2005 PAGE 4 CITY COUNCIL 5.6 PUBLIC SAFETY COMMITTEE — August 1, 2005 — 7:00 p.m., Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut. 5.7 CITY COUNCIL M ETING —August 2,2005— 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Zirbes moved, C/Tanaka seconded to approve the Consent Calendar as presented with the exception of Item 6.9 with MPT/O'Connor abstaining rom Item 6.2. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Tanaka, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL M MBERS: None ABSENT: COUNCIL MEMBERS: Herrera 6.1 RECEIVED AND FI ED PLANNING COMMISSION MINUTES: 6.1 .1 Study S 6.1.2 Regular 6.2 RATIFIED CHECK $343,057.63. 6.3 APPROVED SECO READING AND AMENDMENT NO. 01 BETWEEN THE THE DIAMOND BE SOUTHEAST COF SPRINGS DRIVE). of June 14, 2005 g of June 14, 2005 ISTER -- dated July 7, 2005 in the amount of JD READING BY TITLE ONLY, WAVED FULL ADOPTED ORDINANCE NO. 09(2005) TO DEVELOPMENT AGREEMENT NO. 2004 - CITY AND LEWIS-DIAMOND BAR, LLC FOR R VILLAGE PROJECT (LOCATED AT THE NER OF GRAND AVENUE AT GOLDEN 6.4 APPROVED TWO -Y EAR CONTRACT EXTENSION OF CROSSING GUARD SERVICES WITH INTERNATIONAL SERVICES, INC. FOR FY 2005-06 AND 20D6-07 WITH A 4.2% (42 CENTS) CPI HOURLY RATE INCREASE. 6.5 ADOPTED RESOLUTION NO. 2005-46: CONFIRMING APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTSH — C/Tanaka, Alternate. 6.6 RATIFIED SALARY INCREASE INCLUDED IN THE FY 2005-06 BUDGET FOR THE CITY MANAGER IN THE AMOUNT OF 4% COST OF LIVINGDJUSTMEMT (COLA) AS WELL AS A 2% ANNUAL SALARY I CREASE. JULY 19, 2005 PAGE 5 CITY COUNCIL 6.7 APPROVED COT OF LIVING ADJUSTMENT (4%) TO THE HOURLY RATES OR CITY ATTORNEY SERVICES. 6.8 APPROVED RE LASSIFCATION OF THE ADMINISTRATIVE ASSISTANT POSI ION IN THE PUBLIC WORKS DEPARTMENT TO SENIOR ADMINI RATIVE ASSISTANT. 6.10 APPROVED AMENDMENT NO. 5 TO EXTEND LICENSE AGREEMENT WITH COCA-COLA FOR PLACEMENT OF BEVERAGE SERVING MACHINES IN CITY PARKS FROM AUGUST 1, 2005 THROUGH JULY 31, 2006. 6.11 AUTHORIZED DH MAINTENANCE, THE CITY'S BUILDING MAINTENANCE CONTRACTOR, TO COMPLETE AN ADDITIONAL $16,500 OF AS -NE: -:DED WORK IN FY 2004-05 AND $17,000 OF AS NEEDED WORK IN FY 2005-06. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.9 AUTHORIZE ADDITIONAL $14,000 PAYMENT TO MARTIN AND CHAPMAN FORELECTION SERVICES RELATED TO THE JUNE 7, 2005 ELECTION AND APPROPRIATE NECESSARY FUNDS FROM GENERAL FUND RESERVES — (Continued to August 2, 2005). MPT/O'Connor adv sed her colleagues that she would be voting "no" on this item because she was not comfortable with staff's responses to her questions. ACM/Doyle responded to M/Chang that the total cost for election services was $54,00. Staff originally estimated $65,000 based on 22,000 registered voters and the City is required to provide election materials for all individuals whether they voted or not. C/Zirbes asked if the original contract indicated there would be an additional charge fo services beyond the estimated 22,000. ACM/Doyle responc ed that Martin and Chapman provided a cosi estimate based on he number of registered voters and when the number of voters was increased the price increased in accordance with the contract terms of a certain amount per registered voter. MPT/O'Connor said she asked staff this question earlier. In the eight years she has servec on the City Council, she has always known that the number of registered voters was between 28,000 and 29,000, and her question was wiy the City was given an estimate based on 22,000 registered vo ers. As a result, she was not willing to support the increase becaus of the lack of homework on the part of Martin JULY 19, 2005 7 PAGE 6 CITY COUNCIL and Chapman. Ina dition, there are always extra ballots after election night because of absentee and provisional ballots that are dropped at the voting places. For this company to charge the City more, when they had full know) dge that there would be more ballots, does not make sense to he and she is not willing to pay the bill. If this company is truly an excellent election service company, they should know how to run an election. She asked for details about what the election would cost and believed she had also asked for a copy of the original contract that she did not receive. For these reasons she could not in good consci nce pay any additional to Martin and Chapman and felt the compan should "eat" the additional cost. C/ZLrbes recommen Jed continuing the matter to the August 2 meeting allowing Council time to review the contract with Martin and Associates and re uest legal advice from Counsel regarding the contract and additio ial billing. PUBLIC HEARINGS: 7.1 ADOPT RESOLUTION NO. 2005-47: A RESOLUTION FINDING THE CITY OF DIAMOND BAR IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL_ DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. ACM/DeStefano reported that D.B. participates in the County's Congestion Management Program, and as a result, each year through a Public Hearing process, is required to report its findings in terms of the types of programs the City has initiated or continued that reduce the number of trips o i public streets and to advise the Council of the types of programs thi tt increase the number of trips that occur on City streets. The Los Angeles Authority has been County Metropolitan Transportation working with this program for the years and they are p past several esently involved in modifying the program. It is likely that this is the ast year that staff will be reporting to the City Council in this fashior since it is expected that new rules and policies will be implemented for use next year that would preclude this type of reporting. This year Homes and therefore D.B. constructed only 18 new Single Family had minimal debits established by additional trips on the 1 adding "ity's roadways. D.B. continues its programs for trip reduction that inc ude the City's website, Dial -a -Ride and other transit programs, streE enhancements, etc.; z t improvements, maintenance expansion, signal nd the City remains well above what other cities in the Los Angeles County area have achieved. The City is in full compliance with the therefore recommend Congestion Management Program. Staff City Council adoption of Resolution No. 47 upon conclusion o 2005- its Public Hearing. JULY 19, 2005 E1 PAGE 7 M/Chang opened the Public Hearing. CITY COUNCIL With no one present who wished to speak on this item, M/Chang closed the Public Hearing. C/Tanaka moved, /Herrera seconded, to Adopt Resolution No. 2005- 47. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Tanaka, Zirbes, NOES: COU CIL MEMBERS: None/O'Connor, M/Chang ABSENT: COU CIL MEMBERS: Herrera COUNCIL CONSIDERA 8.1 APPOINTMENT F A TRAFFIC AND TRANSPORTATION COMMISSIONER 0 REPLACE NEWLY APPOINTED PLANNING COMMISSIONER ONY TORNG. M/Chang asked for Council concurrence to appoint Mike Shay as a Traffic and Transportation Commissioner. Mike Shay introduced himself and spoke about his 32 years as a community member. He currently serves as Vice President of Investor Relations with the San Gabriel Valley Economic Partnership and the focus of the partnership is regional transportation. He felt he could serve the community well as a Traffic and Transportation Commissioner and was grateful to the Council for their consideration. MPT/O'Connor moved, C/Tanaka seconded, to concur with the appointment of Mie Shay to the Traffic and Transportation Commission. Motion carried by the following Roll Call vote: AYES: COUN IL MEMBERS: Tanaka, Zirbes, NOES: COUNCIL MEMBERS: NoConnor, M/Chang ABSENT: COUNCIL MEMBERS: Herrera 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka reported that on Mixer following the golf tour meeting, a very spirited grog D.B.; on July 14 he attended he attended the D.B. Rotary community service; and yE meeting. He commended the aesday, July 12 he attended the D.B. Chamber ament; on July 13 he attended his first WCCA involved in regional issues that are pertinent to ie Pomona Valley YMCA fundraiser; on July 16 ;lub installation and celebration of 100 years in Aerday he attended the Library Task Force Library Task Force members on their diligence JULY 19, 2005 PAGE 8 CITY COUNCIL and agreed with their recommendations and direction. C/Zirbes stated that two w eks ago he and MPT/O'Connor attended a Town Hall meeting at Armstronc Elementary School during which more than 100 residents heard about the ity of Industry development. He was pleased that so many residents particir ated in the meeting. The Library Task Force has been meeting for more thz in a year and he, too, was proud of the work the members had done to date. He felt that the reality of a new library was much closer with Council's ac ions this evening. He thanked M/Chang for participating in the meetin s. Last Saturday he refereed at the D.B. H.S. "six on six" soccer tournament. He congratulated Dan Nolan on the occasion of his daughter's wedding held at the Diamond Bar Center. He congratulated Mike Shay on his appointment to the Traffic and Transportation Commission and said he believed Mr Shay would do a fine job representing the community. He spoke abo t Ed Lindeman and his untimely passing. MPT/O'Connor spoke aboL recently. More than 120 re., frustration at not being abl impact of the project remair Mike Kissell, Planning Dire answered questions. D.B. becomes available. She wo Committee was able to have Industry and with Majest Washington Street was not c that in accordance with the i not be opened. She was ver issue on the November ball whether or not to build a neA to obtain grant funds and at t the project. It was time to m MPT/O'Connor reported to i reading David Baldacci's if tonight's meeting also be ac Magnuson's sister Brenda N ' the industry Business Center Town Forum held idents attended and about 20 spoke about their to get answers about the project. The actual s unknown until the grading plan is established. :tor, City of Industry, attended the meeting and will hold additional meetings as information ked on the Industry East Subcommittee, and the very good mitigation discussions with the City of c Realty, the developer for both projects. pened, and D.B. has advised the City of Industry 'Iity's General Plan, Sunset Crossing Rd. would excited that Council agreed to place the Library it because it was time to let the citizens decide library. The City was unsuccessful in its attempt ie same time had spent more than $200,000 on )ve forward to see what the community wants. ie Friends of the Library that she had finished Nish you Well." MPT/O'Connor asked that journed in memory of Finance Director Linda Dntaoue. M/Chang spoke about the popularity of the Concerts in the Park series and invited residents to join in the festivities tomorrow evening at 6:30 at Sycamore Canyon Park. On my 8, as Mayor, he received a group of young children from D.B. Chinese School. C/Tanaka joined him to help control the situation while he talked to the children about how City Council meetings are conducted. M/Chang reported that during the presentation the children were very well behaved. M/Chang stated that during their fundraising event the YMCA recognized the City and thanked the City for its contributions to the organization. He too attended the D.B. Chamber Mixer and said that the City supports the Chamber becau a supporting the Chamber is supporting the economy of D.B. He comm en ed MPT/O'Connor, C/Zirbes and staff on the JULY 19, 2005 PAGE 9 CITY COUNCIL successful Industry Town Hall meeting. He commended C2irbes, Chairman, and all of the Task Force Members who contributed their time and input toward findings ways to improve the existing Library and build a new Library. 10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the meeting at 8:25 p.m in memory of Ed Lindeman and in memory of Brenda Montague, sister f Finance Director Linda Magnuson. The foregoing minutes a 2005. C WEN CHANG, MAYO hereby approved this 2nd day of Biu mLt ,