HomeMy WebLinkAbout8/2/2005 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
AUG UST 2, 2005
CLOSED SESSION: 6:00 P.M., Room CC -8
Conf rence with Legal Counsel — Potential Litigation
Receipt of Claims under Govern ent Code Section 54956.9(b):
(1)
Zurich American 1
(2)
Rodriguez
(3)
Ayad
(4)
Finkbeiner
(5)
Murray
(6)
Saglime
(7)
Lopez
CALL TO ORDER:
Meeting to order at 6:30 p.m. ii
21865 Copley Dr., Diamond Bar,
urance Company
Mayor Chang called the Regular City Council
i The Government Center/SCAQMD Auditorium,
CA.
Mayor Chang reported that the City Council held a Closed Session regarding
potential litigation against the City. No reportable action was taken.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 788 Presented the Colors and
led the Pledge of Allegiance.
INVOCATION: Chaplain Elvin Miranda, Jr., Los Angeles County
Fire Department gave the Invoc tion.
ROLL CALL: Council Members Herrera, Tanaka, Zirbes,
Mayor Pro Tem O'Connor and lVayor Chang.
Staff Present: Linda Lowry, City Manager; Michael Jenkins, City
Attorney; David Doyle, Assistant City Manager; James DeStefano, Assistant City
Manager; David Liu, Director of P blic Works; Ken DesForges, IS Director and Linda
Magnuson, Finance Director.
APPROVAL OF AGENDA:
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
BUSINESS OF THE MONTH:
1.1 Mayor Chang presented a City Tile to Delilah Knox Rios, owner of The
Law Office of Delilah Knox Rios, Business of the Month for August
2005.
AUGUST 2, 2005 PAGE
2 CITY COUNCIL
2. CITY MANAGER REPORTS AND
RECOMMENDATIONS: CM/Lowry
stated that last week during the Study
Session Council reviewed possible
financing options for construction of
a new Library. The Council unanimously
directed staff to prepare a ballot measure
asking the voters whether or not
they wish to finance $10.5 million
f an estimated $13.5 million construction
cost and 50% of the estimated increase
in the operating cost, through a new
parcel tax, if in fact a new library was
constructed. Due to the lack of time to
prepare such a measure the item is
not on tonight's agenda. Staff intends to
bring additional information to the
Council in a future study session, and if
appropriate, place other action it
ms on the Regular meeting agenda for
Council action.
3. PUBLIC COMMENTS:
witnessed the worst traffic situatic
D.B. The streets were blocked in
Grand Ave. At about 3:00 p.m. fire
proceed through the City. Because
visiting with fire personnel at the st
thing that D.B. had done was to ins
to cross into oncoming lanes. He
dividers, every main street throuc
enough to accommodate emergen
the lane should be fined $500. H
with agreed that he had a good id
Kathleen Newe, `The Friends of th
library at the lowest possible cos
thought that Council would be ma
that staff would take the necess,
measure. The Friends were also c
should the election be held in Ap
library it is most important that tN
appropriate time to insure a favor,
Jerry Hamilton said that last week he
n he had seen during his many years in
Both directions at Diamond Bar Blvd. and
engines left the station and were unable to
of this issue he spent the next four days
ition and received feedback that the worst
all dividers because the trucks are unable
recommended that instead of removing
h D.B. should have a bicycle path wide
:y vehicles. Further, that anyone misusing
stated that the Fire personnel he spoke
Library" spoke in favor of building a new
She was present tonight because she
ng a decision and was pleased to learn
y time to properly formulate the ballot
tncerned about another special election
. As much as The Friends want a new
measure be placed on the ballot at the
4e outcome.
Marsha Hawkins, on behalf of The Friends of the Library, offered support of
the library measure the manner Council and staff determine the matter
should be placed on the ballot. She stated, however, that the City Council
considers including a low-income exemption and that Council considers not
placing the burden of a special election on the residents.
Clyde Hennessee said that two years ago the City financed construction of
the Diamond Bar Center and it is n Dw costing the City money. The goal was
to pay off the construction costs in three to five years; however, there has
been no effort to pay off the total but instead the City is now encumbered for
15 to 20 years. In the long run the C enter will cost the City many more dollars
than it cost to build. People are in a hurry to build a library because it will cost
more money the longer the City waits. If the City cannot pay off its
indebtedness it should not be building a library unless it is built on a pay-as-
AUGUST 2, 2005 I PAGE 3 CITY COUNCIL
you -go basis. The taxpayers
should not be burdened with another tax. The
library could have been b
!It some time back. When something is too costly
and is not really relevant to
the people and the City, it should be cut whether
or not it makes someone!
ok good in the process. He said he was not
opposed to a new library,
only to the way it would be built and financed.
4. RESPONSE TO PUBLIC
OMMENTS: CM/Lowry explained that the
City holds a regular election
every November odd calendar years. Elections
held at any other time are
considered "special" elections. In April the County
will most likely not hold an
election. Therefore, the City would not be able to
consolidate its ballot measure
with the County. When cities consolidate with
the County the cities save
about $20-30,000. However, the cities still pay the
County all of the costs attri
:)utable to the cities in order to provide an election
format. If D.B. held an April
election the City would be "on its' own" and it
would cost the City abou
$80,000. Both types of elections are "special"
elections. The cost of doing
a consolidated election with the County would be
similar to the cost of this
November's election since it is a consolidated
election with the County of
Los Angeles.
CM/Lowry stated that last eek's horrendous traffic problem was a "perfect
storm" of traffic conditions resulting from a major freeway accident over which
the City had virtually no control. She cautioned the speaker that there are
implications including q estions of additional liability that come with
redesigning City streets and creating new pathways and opportunities inside
of medians.
5. SCHEULE OF FUTURE I5VENTS:
5.1 CONCERTS IN TH PARK —August 3, 2005 — 6:30 — 8:00 p.m., Cold
Duck (70's -Top 40), Sycamore Canyon Park, 22930 Golden Spgs, Dr.
5.2 SPECIAL MEETING OF TRAFFIC AND TRANSPORTATION
COMMISSION - August 4, 2005 — 5:30 p.m., Hearing Board Room,
AQMD/Government Center, 21865 Copley Dr.
5.3 PLANNING COMMISSION MEETING — August 9, 2005 — 7:00 p.m.,
Auditorium, AQMD overnment Center, 21865 Copley Dr.
5.4 LAST CONCERT f THE PARK — August 10, 2005 — 6:30 — 8:00
p.m., Hotel Califor is (A Salute to the Eagles), Sycamore Canyon
Park, 22930 Goldei i Spgs. Dr.
5.5 TRAFFIC AND T ANSPORTATION COMMISSION MEETING —
August 11, 200 - 7:00 p.m., Hearing Board Room,
AQMD/Governmen Center, 21865 Copley Dr,
5.6 LAST DAY FOR C�NDIDATE FILING — August 12, 2005 — 7.30 a.m.
--5:00 p.m., Last D y to file papers to run for City Council position.
AUGUST 2, 2005 PAGE 4 CITY COUNCIL
6. CONSENT CALENDAR:
approve the Consent Calendar with the
and with C/Zirbes and MPT/O'Connor v
Motion carried by the following Roll Call
AYES: COUNCIL MEMBE
NOES: COUNCIL MEMBE
ABSENT: COUNCIL MEMBE
6.1 CITY COUNCIL MINUTE;
/Zirbes moved, C/Tanaka seconded to
-eption of Consent Calendar Item 6.8(b)
ng "NO" on Consent Calendar Item 6.5.
Herrera, Tanaka, Zirbes,
MPT/O'Connor, M/Chang
None
None
6.1.1
Regular Meeting of June
21, 2005 -- Approved as amended.
6.1.2
Study Session of July
5, 2005 - Approved as amended.
6.1.3
Regular Meeting of
my 5, 2005 — Approved as submitted.
6.1.4
Study Session of July
19, 2005 — Approved as amended.
6.1.5
Regular Meeting of I,
my 19, 2005 — Approved as submitted.
6.2 RATIFIED CHECK REGI
2005 and Manual Check
of $1,817,476.80.
6.3 TREASURER'S STATEMI
6.4 REJECTION OF CLAIMS:
6.4.1
Filed by Antonio Roy
6.4.2
Filed by Zurich Amei
6.4.3
Filed by Erik and He
6.4.4
Filed by Mr. and Mr:
6.4.5
Filed by Mr. and Mr:
6.4.6
Filed by Firman and
6.4.7
Filed by Ahdy Ayad
ER dated July 12, 2005 through July 28,
gister dated June 24, 2005 in the amount
— Month of June 2005.
riquez on July 8, 2005.
can Insurance Company on July 8, 2005.
ether Finkbeiner on July 11, 2005
Michael Murray on July 11, 2005.
Thomas Saglime on July 11, 2005.
,armen Lopez on July 11, 2005.
n July 11, 2005.
6.5 AUTHORIZED ADDITIONAL $14,000 PAYMENT TO MARTIN AND
CHAPMAN FOR ELECTION SERVICES RELATED TO THE JUNE 7,
2005 ELECTION AND APPI30PRIATE NECESSARY FUNDS FROM
GENERAL FUND RESERVES (Continued from July 19, 2005).
C/Zirbes and MPT/O'Connor voting No.
6.6 AUTHORIZED PURCHASE. OF ONE (1) 2006 FORD F-250 TRUCK
AND TWO (2) FORD F-350 TRUCKS FOR THE COMMUNITY AND
DEVELOPMENT SERVICE DEPARTMENT AND APPROPRIATED
$2,338 FROM GENERALUND FOR ADDITIONAL COSTS FOR
DIESEL ENGINES.
6.7 ACCEPTED $10,000 SETTLEMENT TO RESOLVE OUTSTANDING
CLAIM FOR DAMAGE TO CITY PROPERTY.
AUGUST 2, 2005 I PAGE 5 CITY COUNCIL
6.8 APPROVEDLEGISLATIVE SUBCOMMITTEE
RECOMMENDATI NS:
(a) Supporting
- S1294 (MCCAIN/LAUTENBERG) —
"COMMUNITY
BROADBAND ACT OF 2005" — PREVENTS
ANY STATE
FROM PASSING LEGISLATION PROHIBITING A
PUBLIC
AGENCY FROM PROVIDING
TELECOM
UNICATION/BROADBAND TECHNOLOGIES TO
ANY PUBLIC
OR PRIVATE ENTITY.
(c) Supporting
AB1222 (JONES), SB 459 (ROMERO), ABB88
(DE LATOR
E) — SERIES OF BILLS SPONSORED BY THE
SCAQMD
DESIGNED TO IMPROVE AIR QUALITY
THROUGH
RAILROAD IMPROVEMENTS. AB1222
INSTITUTES
A REMOTE SENSING PROGRAM TO
MONITOR
AIR POLLUTION CAUSED BY LOCOMOTIVES,
SB459 ESTABLISHES
A MITIGATION FEE FOR
LOCOMOTIVES
BASED ON HOURS OF OPERATIONS AND
AB888 REQUIRES
RAIL YARD EQUIPMENT TO BE
RETROFITTED
TO REDUCE EMISSIONS.
(d) Supporting
- SB 719 (ROMERO/MARGOT) — SB 317
(MARGETT),
SUPPORTED BY COUNCIL EARLIER, HAS
BEEN COMBINED
WITH SB 719 (ROMERO) TO CREATE
THIS NEW
CO-AUTHORED BILL. THE BILL INCLUDES
STIFFER PENALTIES
FOR DRIVERS THAT ENGAGE
POLICE IN
VEHICLE CHASES AS WELL AS TRAININGS
FOR OFFICERS
TO SAFELY CONDUCT THESE CHASES
AMONG OT
ER RELATED PROVISIONS.
(e) Opposing -
CA 15 (MCCLINTOCK), ACA 22 (LAMALFA) —
"HOMEOWNER
AND PROPERTY PROTECTION ACT."
THESE ID
NTIAL BILLS PROHIBIT LOCAL AGENCIES
FROM USING
EMINENT DOMAIN WHEN IT RESULTS IN
LATER U5
E BY A PRIVATE PARTY RESTRICTING
OPTIONS FOR
CITIES TO REDEVELOP OR IMPROVE
BLIGHTED
REAS.
6.9 ADOPTED REST
TRANSFER OF
TRANSFERS.
ITEMS WITHDRAWN
6.8 APPROVAL
RECOMMENDAT
FION NO. 2005-48: ALLOWING THE WIRE
NDS AND SETTING LIMITS FOR WIRE
M CONSENT CALENDAR:
LEGISLATIVE SUBCOMMITTEE
(Continued):
AUGUST 2, 2005 PAGE 6 CITY COUNCIL
(b) SB760 (LOWENTH L) — IMPOSES A $30 FEE ON EACH 20
FOOT CONTAINER UNIT PROCESSED IN THE PORTS OF
LA AND LONG 3EACH, WITH 1/3 OF THE FEES
COLLECTED GOING TO THE SCAQMD FOR AIR QUALITY
IMPROVEMENTS, /3 GOING TO RAIL IMPROVEMENTS,
AND 113 GOING T PORT SECURITY IMPROVEMENTS.
M/Chang asked if
containers only and
explained that the pr
for a fee of $60.
M/Chang felt that
intended to have a
infrastructure impr(
SAA/McLean stated
the Council include
allocate some of th
improvements and t'
the percentages be
funds would be used
the recommendation was for 20 -foot
of for the 40 -foot containers. SA/McLean
vision would extend to a 40 -foot container
subcommittees' recommendation was
rtion of the money allocated for freeway
ment.
hat the subcommittee recommended that
in its letter of support a request to re-
funds included in the Bill to highway
gat the subcommittee would request that
adjusted to indicate that a portion of the
for highway infrastructure improvements.
M/Chang felt that the recommendation would be ineffective.
C/Herrera said that
improvement. AQME
was also the positior
Authority that some i
($20) and put towarc
suggestion in a letter
was felt that as he rE
that the language of
no funds were allocated for highway
has their own sources for funding and it
of Alameda Corridor East Construction
f the funds should be taken from AQMD
highway improvement. It was merely a
addressed to the author of the Bill and it
:eived support from various jurisdictions
he Bill might be modified.
MPT/O'Connor asked if C/Herrera had spoken with Senator
Margett about his "NQ" vote.
C/Herrera responde.
The subcommittee a
and Sharon Neely to
part. She explained
heaped on the San
compromised espec
asked him if he woi
Cities to the Govern
Margett agreed to do
that it was a question of "no new taxes."
ked Senator Margett to ask the Governor
econsider. It was a Party response on his
the Senator how congestion has been
aabriel Valley and how the air quality is
ally along the SR 60. The Subcommittee
d please write a letter on behalf of his
r asking him not to veto the Bill; Senator
so.
AUGUST 2, 2005 PAGE 7 CITY COUNCIL
M/Chang fe t that the Southern California infrastructure was not
sufficient to accommodate the traffic and transportation needs
of the area and that in addition the air quality was suffering
from the in reased traffic. Since additional fees are being
placed on the containers money should be set aside for
infrastructure and air quality mitigation. Since August 1
containers e re required to pay $80 to improve the facility and
handling at he harbor. Almost 10 million containers per year
arrive at two south California ports — San Pedro and Long
Beach. This Bill imposes an additional amount. He said he did
not disagreE with solving the problem but he did disagree with
the proposal because the Bill did not address the infrastructure
problems.
For that reason he could not support the proposal. He
recommend , -d instead that the Council send a letter to Mr.
Lowenthal o Alining the problems the San Gabriel Valley faces,
that AQMD s receiving monies from other areas to help with
air quality aid that the San Gabriel Valley needs money for
MPT/O'Connor seconded M/Chang's recommendation.
C/Zirbes agreed with M/Chang and wondered what changes
M/Chang wanted to make to the letter being sent to Mr.
Lowenthal because the letter addresses reallocating money for
infrastructure.
M/Chang sal J he did not agree with the burden of $30 and $60
on the contai iers because it would eventually be passed along
to the consumer.
C/Zirbes again
asked what language M/Chang would like to
send to Mr. Lowenthal
because he believed everyone agreed
that with all o
the building going on in Southern California there
were no ne
freeways and roads to handle the extra traffic.
How will the
cars get to and from the areas east of D.B.?
Earlier this evening
a resident spoke about the truck accident
on the SR 60
and how it locked traffic up in the City. The SR 60
is loaded wit
trucks and will continue to be loaded with trucks.
He agreed th
t if the Lowenthal bill were to pass funds should
be reallocated
to infrastructure improvement.
C/Herrera offered
a substitute motion to table action on SB760
(Lowenthal) and
send it back to the City Council Legislative
Subcommittea
for further work on the letter with M/Chang's
input to staff
about the proposed language.
AUGUST 2, 2005 PAGE 8 CITY COUNCIL
7.
ESI
C/Zirbes seconded
M/Chang reiter,
allocations and r,
bill as proposed.
MPT/O'Connor felt
sending the letter o
re: SB760 and take
that state "the subc
language that indi(
Lowenthal to discus
C/Herrera felt that it
to work on the langu
substitute motion.
his disagreement with the funding
mended that the Council not support the
A/Chang's goal could be achieved by
stained in the Council's packet if Council
it the two sentences in the first paragraph
nmittee recommended....." and leave in
tes D.B. would like to work with Mr.
amending the bill.
Id be advisable for the Subcommittee
of the fetter.
Motion carried on C/Herrera's substitute motion by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka,
Zirbes,
MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
PUBLIC HEARINGS:
COUNCIL CONSIDERATION:
one
one
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Herrera thanked Congressman
On/Off Ramp Project and $1.2 mil
C/Tanaka said that on July 20 he a
C/Herrera attended the T.H. Per
celebration at Region IV Headgua
evening he attended the San C
presentation sponsored by the Sar
and the San Gabriel Valley Econo
University of Southern California. C
Legislative Subcommittee membe
evening the City Council held its
library. On Wednesday through Fri
CM/Lowry and he attended the Lea
and council members. On August 1
iry Miller for $9.6 million for the Lemon
n for Grand Ave. Beautification.
tended the Concert in the Park. He and
iergast Museum 100 years of Parole
ters in D.B. on July 21. On that same
ibriel Valley Leadership 21 Program
Gabriel Valley Council of Governments
nic Partnership in cooperation with the
i Tuesday, July 26 he and C/Herrera as
s reviewed proposed legislation. That
)tudy Session regarding the proposed
lay July 27 through 29 MPT/O'Connor,
ue of California Cities forum for mayors
he and M/Chang attended the 2005
AUGUST 2, 2005 PAGE 9 CITY COUNCIL
World Summit on Love a
followed by the ringing of tl
attended the Public Safeb
Station. He congratulated
representatives.
C/Zirbes thanked Asseml
concern for D.B. He al
transportation dollars to D
two weeks. Last night h
meeting during which a d
regarding the raw land bE
development. He said he
neighborhood improvem
Improvement Officers fort
said that staff is always arr
intends to pay his $10 for
id Peace at the Diamond Bar Center that was
e Bell of Peace at Pacific Palms. That evening he
Committee meeting at the Walnut/D.B. Sheriff's
Paul Akin on being selected as one of the D.B.
yman Bob Huff for his hospitality and ongoing
D thanked Congressman Miller for providing
3. He attended several meetings during the past
and C/Herrera attended the Tres Hermanos
,cussion was held about setting up parameters
ween D.B. and Chino Hills and its potential for
,peaks with residents on a regular basis about
nt issues. He thanked the Neighborhood
e wonderful job they do on behalf of the City. He
izing. Last week he moved his office to D.B. and
usiness registration.
MPT/O'Connor said the City was fortunate to have legislators from the
immediate area. She also t anked Congressman Miller for his assistance in
getting funds for the City and she thanked Assemblyman Bob Huff for
keeping D.B. near and dear to his heart. She spoke about last week's
League's conference and shared Brown Act pamphlet information with her
colleagues. One item regar ing email is that Council Members must be very
careful when receiving ar email sent to all Council Members that the
response is not sent in the form of "reply to all." She asked staff to provide
Council with a "cheat she t" regarding the dos and don'ts with respect to
email. She reminded interested parties that three Council seats are up for
consideration. As of this morning it appeared that four candidates intended to
place their names in nomination.
M/Chang said that the Council had been very busy during the past two
weeks. Any funding to improve the area traffic is certainly appreciated. He
commended C/Tanaka for attending many City events and meetings and felt
that it was a good indication that C/Tanaka represented the City well and was
concerned for the community. The matter of building a new library will be
placed on the ballot at the appropriate time. He commended his fellow
Council Members for representing the City and its residents. He invited
residents to call their Council Members and offer their input.
AUGUST 2, 2005 PAG E 10 CITY COUNCIL
10. ADJOURNMENT: With no furth r business to conduct, M/Chang adjourned
the meeting at 7:50 p.m.
4�1 IA
I IA
/#INDA C. L WRY, VY CLERK
The foregoing minutes are hereby approved this-, rith day of _���„ ��- ,
2005.
WEN CHANG,