Loading...
HomeMy WebLinkAbout9/6/2005 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION SEPTEMBER G, 2005 STUDY SESSION: Mayor Chang called the Study Session to order at 5:45 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Herrera, Tanaka, Mayor Pro Tem O'Connor and Mayor Chang. Council Member Zirbes was excused. Also Present: Linda Lowry, City Manager; James DeStefano, Asst. City Manager; City Manager; David Doyle, Asst. City Manager; John Cotti, Asst. City Attorney; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Nancy Fong, Planning Manager; Ryan Wright, Senior Administrative Assistant; Fred Alamolhoda, Senior Engineer and Tommye Cribbins, Executive Asst. Election Consultant Discussion — Catherine Lew, Lew Edwards Group. Public Comments ACM/Doyle stated that because the City Council requested assistance in determining possible election dates, staff invited Catherine Lew of the Lew Edwards Group to speak to the Council about how she might assist the City. Ms. Lew came highly recommended by the Friends of the Library and also by CA/Jenkins. Catherine Lew, President and CEO of Lew Edwards Group gave a slide presentation introducing her company and how it can assist the Council in selecting the process placing the library measure on the ballot. Ms. Lew stated that her firm has a success rate that exceeds 90 percent in the State of California and that in November 2004 they were undefeated in all of their ballot measures. Ms. Lew walked the Council, by way of a power point presentation on what needs to be done, prior to placing a bond of this type on the ballot. She further commented on what she felt was the best date possible to get the measured approved by the residents. PUBLIC COMMENTS: Marsha Hawkins, with Friends of the Library spoke stating that her organization is ready, willing and able to start the process. After much discussion by the Council, CM/Lowry asked for direction from the Council as how to proceed. Council authorized the City Manager to contract with SEPTEMBER 6, 2005 PAGE 2 CC STUDY SESSION the Lew Edwards Group and a survey company and to work together to perform a survey to see if the residents of Diamond Bar would support a Library Bond. ADJOURNMENT: With no further business to come before the City Council, M/Chang adjourned the Study Session at 6:45 p.m. e4 Linda C. Lowry, City Cl The foregoing minutes are hereby approved this -20th day of,e 2005. —' WEN CHANG, Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 6, 2005 CLOSED SESSION: 5:30 p.m., Room CC -8 Initiation of Litigation — Government Code Section 54956.9(c) Seven (7) Cases STUDY SESSION: 5:45 p.m., Room CC -8 Election Consultant Discussion — Catherine Lew, Lew Edward Group Public Comments M/Chang adjourned the Study Session at 6:43 p.m. CALL TO ORDER: Mayor Chang called the regular City Council meeting to order at 6:53 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. Mayor Chang reported that the City Council began the evening with a closed session regarding unpaid claims and Council directed staff to proceed with litigation. During the study session the Council received a report from Catherine Lew, President and CEO of Lew Edward Group about how the City might proceed to place the library measure on the ballot. Following discussion, the City Council authorized the City Manager to contract for the consultant's services within her spending authority to assist the Council in making the next phase of its election determination. PLEDGE OF ALLEGIANCE: Council Member Tanaka led the Pledge of Allegiance. INVOCATION: Ahmad H. Sakr, Ph.D., Islamic Education Center gave the Invocation. ROLL CALL: " Council Members Herrera, Tanaka, Mayor Pro Tem O'Connor and Mayor Chang. C/Herrera moved, MPT/O'Connor seconded, to excuse Council Member Zirbes from tonight's meeting. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Herrera, Tanaka, MPT/O'Connor, M/Chang None Zirbes Staff Present: Linda Lowry, City Manager; James DeStefano, Assistant City Manager; David Doyle, Assistant City Manager; John Cotti, Asst. City Attorney; Bob Rose, Community Services Director; and Linda Magnuson, Finance SEPTMEBER 6, 2005 PAGE 2 CITY COUNCIL Director; Ryan McLean, Sr. Admin Analyst; Nancy Fong, Planning Manager and Tommye Cribbins, Executive Asst. APPROVAL OF AGENDA: Approved as Proposed. CM/Lowry introduced John Cotti who was standing in for CA/Jenkins during the tonight's meeting. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Mayor Chang presented Certificates to the D.B. Community Volunteer Patrol Members for hours of service: Margie Rouse — 5000 hours; Glen Plovanich — 5000 hours; Jim Warren -- 5000 hours; Steve Chi — 500 hours; Art Coleman — 500 hours, and Gilbert Yanow — 500 hours. 1.2 Mayor Chang presented Certificates of Recognition to the Greater Los Angeles County Vector Control District Management Team (GLACVCD) for their many accomplishments and for national recognition of the District's successful Mobile Education Unit the "Bug Bus." 1.3 Council Member Herrera proclaimed the 40th Anniversary of the Southern California Association of Governments (SCAG) and presented the Proclamation to C/Tanaka. 1.4 Mayor Chang, Mayor Pro Tem O'Connor, Council Member Herrera and Council Member Tanaka presented a City Tile to James DeStefano, Assistant City Manager, Community Development for his years of service to the City of Diamond Bar who is leaving the City to work in the City of Chino Hills. BUSINESS OF THE MONTH: 1.5 Mayor Pro Tem O'Connor presented a City Tile to Richard Cleek, General Manager of Administaff, Business of the Month for September 2005. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowrysaid that ACM/DeStefano's eloquence was unsurpassed, and that he understated his service to the community and the impact that he has had on the City of Diamond Bar. His professionalism, thoroughness, eloquence and 15 years of steadfast service to the community have enriched thousands of lives. She said she believed that public servants such as Jim DeStefano make all public servants proud to be working for cities like D.B. and she felt certain that the City of Chino Hills could count its blessings for having made an excellent decision to recruit him away from the City. Jim DeStefano has created a record of excellence that would remain within the culture of the D.B. organization for years to come and the community would continue to be enriched by his personal investment during the past 15 years. She asked staff to stand and join her in recognizing Jim DeStefano for his service to the SEPTMEBER 6, 2005 PAGE 3 CITY COUNCIL City of D.B. 3. PUBLIC COMMENTS: Allen Wilson said the San Gabriel Valleyarticle of August 24 regarding the Diamond Bar Library caught his attention. The article stated that if a tax were approved the City would sell several million dollars worth of bonds to finance the library and tax the residents to pay back the bonds. The article indicated that last month the Council proposed an annual levy of $53 per parcel and is now considering a separate entity to oversee the proposed tax called a Community Facilities District. The City Manager was quoted as saying that the legal entity would protect the proposed tax from being overturned in the future and he wanted to know what that statement meant because he was concerned that the proposal would not include a sunset date and the citizens would not be protected. He asked for clarification from CM/Lowry. He said he was very concerned about the entire project because if the City built a building what would the County do with the existing facility. He said that he was not opposed to libraries in general because they served a critical need within communities. However, $13 million is a lot of money in a difficult economic climate. He hoped that the community could come together on this issue. He wanted to know who would staff the building and whether staff had arrived at a budget figure. Debbie Herrman, D.B.H.S. Foundation stated that on behalf of several organizations including the Counsel of African Americans, the Korean American Parents Association, the Chinese American Parents Association, the Parent Advisory Counsel, the American Association of University Women, the D.B. Brahma Foundation and the D.B. Brahma Boosters, and the United Student Body of D.B. High School, a fundraiser to aid the victims of Hurricane Katrina would commence on Wednesday September 7 and continue through Friday, September 9 from 7:00 a.m. to 4:00 p.m. each day. Cash donations and checks payable to the American Red Cross will be accepted. In addition, checks can be mailed to D.B.H.S., Katrina Relief Fund, 21400 East Pathfinder Road, D.B. 91765. Presidents of the Chinese American Parent Association and the Korean American Parents Association advised members of their group about the fundraiser. Debbie Herrman announced that a carwash would be held on September 11, 2005 from 8:00 a.m. to 4:00 p.m. to lend additional financial support to the fundraiser. Kathleen Newe, Friends of the Library, thanked the Council Members for their careful and thoughtful study of the issues concerning a new library. She invited residents to attend the Library's Mystery Author evening on Thursday September 8 at 6:30 p.m. at the D.B. Library as the kickoff for the month-long Read Together D.B. event. SEPTMEBER 6, 2005 PAGE 4 CITY COUNCIL Clyde Hennessee said that it was estimated the City would spend 3/a million dollars before a vote was taken on the library ballot measure. The City is currently spending in excess of $1 million per month for its budget. He said he liked the idea of a new library but did not agree with the proposed funding. Fifty-five percent or less of the residents currently support the proposed program to build a new library. Mr. Hennessee said the residents would never hear a downside or that it would take 20 plus years for the residents to pay for the library. The price of gasoline has doubled and tripled; heating fuel will increase by 50 percent and the cost of water is expected to increase another 10 percent. D.B. does not need another library and it would be cheaper to expand the current facility on a pay-as-you-go basis. Irene Wang, Manager, D.B. Library, announced that Kathleen Newe would be recognized as a "Community Hero" at a reception at the D.B. Day at the Fair on Thursday, September 29 at 4:30 p.m. Mrs. Newe has worked tirelessly for more than 10 years. She promoted the first Wine Soiree and co-founded "Basically Books." She has been a real hero to the library and richly deserves this recognition. 4. RESPONSE TO PUBLIC COMMENTS: M/Chang congratulated Kathleen Newe. CM/Lowry said that the comments she made to the press were in response to questions posed to her over the telephone about the Council's study session that she was unable to attend due to illness and that the reporter spoke to ACM/Doyle to verify her statements. The questions were related to why the City would listen to a presentation about a Community Facilities District for the library tax when it had already received a presentation about a Parcel Tax and why was a Community Facilities District being recommended in place of the Parcel Tax. Her answers were that creating a District created a higher level of security for the potential bond purchasers thereby reducing the risk to them to purchase the bonds and probably reducing the cost to the City in the form of interest - the higher the risk, the higher the interest. By speaking that language about the bondholders it did not indicate disrespect to the liability of the taxpayers. However, once the voters approved a District it would secure the future funding to a higher level to the bondholders because the funding would be secured by a parcel tax. In an effort to make it clear so that in the simplest of terms it would be reported accurately, if her comments were misunderstood or taken out of context and meant different things to different people it was unfortunate. She would be happy to speak with community members make more time available for them. Council and staff with help of experts will become more articulate in this matter. As a result of tonight's study session there are many more questions to ask and much more information to process before the Council reaches a conclusion about what the best approach would be toward getting the public to provide their opinion about how they would like to pay for a new library and to what extent they would be willing to pay for a new library. This is a process of learning and accumulating data about the City's needs and about what the community SEPTMEBER 6, 2005 PAGE 5 CITY COUNCIL is willing to contribute and pay to have a new library. To date those answers are not available and staff continues to gather information and bring it to the Council and public in order that all parties may render informed decisions. M/Chang reiterated that a new library has been one of the City's top priorities since incorporation. The City Council is working for the people and the Council is attempting to receive as much information as possible to make an informed decision without depleting the City's reserves. The City has made several unsuccessful efforts to obtain grant funding and money from the State and Federal governments to pay for the cost of building the library. It is now time to gather the information necessary to make a presentation to the community to determine how the community wants the City to move forward. He asked everyone to keep an open mind during the process of gathering this information. SCHEDULE OF FUTURE EVENTS: 5.1 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — September 8, 2005 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.2 PUBLIC SAFETY MEETING -- September 12, 2005 — 7:00 p.m. D.B./Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut 5.3 PLANNING COMMISSION MEETING — September 13, 2005 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.4 CITY COUNCIL MEETING — September 20, 2005 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Herrera moved, C/Tanaka seconded to approve the Consent Calendar as presented with the exception of Item 6.6. Motion carried by the following Roll Cali vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 6.1 CITY COUNCIL MINUTES Herrera, Tanaka, MPT/O'Connor, MlChang None Zirbes 6.1.1 Special Study Session — July 26, 2005 — approved as submitted. 6.12 Study Session — August 16, 2005 — approved as submitted. 6.1.3 Regular Meeting — August 16, 2005 — approved as submitted. SEPTMEBER 6, 2005 PAGE 6 CITY COUNCIL 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES 6.1.1 Regular Meeting of June 28, 2005. 6.1.2 Regular Meeting of July 12, 2005. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES - Regular Meeting of July 28, 2005. 6.4 RATIFIED CHECK REGISTER dated August 12, 2005 through September 1, 2005 totaling $1,218,528.92. 6.5 APPROVED TREASURER'S 2005 Treasurer's RS ate STATEMENT— month of July 2005 and the Revised 6.7 APPROVED CONTRACT AMENDMENT WITH WARREN C. SIECKE FOR DESIGN ENGINEERING SERVICES FOR TRAFFIC SIGNAL MODIFICATIONS FOR DIAMOND BAR BOULEVARD AT SHADOW CANYON DRIVE; DIAMOND BAR BOULEVARD AT HIGHLAND VALLEY ROAD, AND GOLDEN SPRINGS DRIVE AT PROSPECTORS ROAD 1N THE AMOUNT OF $15,000 AND AUTHORIZED BOAPINGENCY PROVED BIYOTHE CITYOF I,500 FOR CHANGE MAN GER FOR A ORDERS TO TOTAL AUTHORIZATION AMOUNT OF $16,500. 6.8 ADOPTED R A OD AMOENDION. 2005-50G THE FY 2005I-2006 ESCNDINGNV SRESOLUTION NO. 2005-42 POLICY. 6.9 RECEIVED, ACCEPTED AND FILED PROPOSITION A LOCAL RETURN FUND, PROPOSITION C LOCAL RETURN FUND AND TRANSPORTATION DEVELOPMENT ACT AUDIT REPORTS FOR THE FISCAL YEARS ENDED ,LUNE 30, 2004 AND 2003. 6.10 APPROVED THE REAPPROPRIATION OF $19,360 FROM OR PROPOSITION A (TRANSPORTATION FUNDS) DEVELOPMENT OF ON-LINE TRANSIT PASS SOFTWARE. 6.11 APPROVED LETTER OF SUPPORT FOR THE FUNDING OF THE STATETHE 40E REGIONAL ALLOCATION OF PROPOSIULTIMATE EXPANSION TION OJECT FROM ON 42. FROM MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.6 ADOPT RESOLUTION NO. 2005 -XX: APPROVING CITY COUNCIL "STANDARDS OF OPERATION AND CODE OF ETHICS" AMENDING SECTION C-9 OF THE "CITY OF DIAMOND BAR POLICIES AND PROCEDURES" (1996) AND RESCINDING DIAMOND BAR CITY COUNCIL RESOLUTION NO. 2004-54. SEPTMEBER 6, 2005 PAGE 7 CITY COUNCIL. MPT/O'Connor stated that this item deals with a Code of Ethics that was adopted by the Council in 2004. Staff's report indicates that it is appropriate to review the document and make recommendations for improving the efficiency and effectiveness of the City Council and City Staff. She agreed and asked that the matter be tabled until all Council Members had an opportunity to review the document and make appropriate comments. C/Herrera agreed that Council should revisit the document. However, the request was made by staff to clarify certain matters and therefore, direction should be clearly provided to staff by the Council that it would take action on this item and then revisit the entire Code of Ethics if so desired. She recommended approval on that basis. C/Herrera moved to approve Consent Calendar ltem 6.6 and bring the document back for review by a committee appointed by the Mayor. M/Chang said the item would be tabled and the document discussed at the next study session. C/Herrera asked for clear direction to staff by taking action on this item because while the Council is reviewing the entire document it might come up at a future Council meeting that a Council Member would request a certain item be placed on the agenda without clear direction because the Council made no visible agreement with the request. M/Chang said the Council should table the item and asked staff to present the item during an upcoming study session. C/Tanaka said that in the meantime the Council could take a roll call vote on items suggested by a Council Member for agenda or study session. C/Herrera stated that technically, her motion died for lack of a second. M/Chang declared the item "tabled" and asked staff to bring it back for a study session. CM/Lowry respectfully suggested that C/Tanaka made a motion that in the interim if a Council Member requested that an item be placed on the agenda that Council would take a Roll Call vote on the matter and felt that M/Chang had not reiterated C/Tanaka's motion. M/Chang said that the only chance that a recommendation would be put forth would be a request from the dais so if staff could bring the item back at the next study session the study session would take place before the Council was seated at the dais and that scenario should serve the purpose. M/Chang asked that the item be tabled and asked staff to place the item on the September 20 study session. SEPTMEBER 6, 2005 PAGE 8 CITY COUNCIL 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 APPROVE APPOINTMENT OF COUNCIL MEMBER TANAKA'S PLANNING COMMISSIONER, TRAFFIC AND TRANSPORTATION COMMISSIONER AND PARKS AND RECREATION COMMISSIONER IN COMPLIANCE WITH THE DIAMOND BAR MUNICIPAL CODE. C/Tanaka nominated Kwang Ho Lee to serve as Planning Commissioner. MPT/O'Connor seconded the nomination. The following Roll Call vote was taken declaring Kwang Ho Lee to serve as Planning Commissioner: AYES: COUNCIL MEMBERS: MPT/0'C MPT/O'Connor, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Zirbes C/Tanaka nominated Kenneth "Ken" Mok to serve as Traffic and Transportation Commissioner. C/Herrera seconded the nomination. The following Roll Call vote was taken declaring Kenneth Mok to serve as a Traffic and Transportation Commissioner: AYES: COUNCIL MEMBERS: Prem, n Tanaka, M Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Zirbes C/Tanaka nominated Theodore "Ted". Owens to serve as Parks and Recreation Commissioner. MPT/O'Connor seconded the nomination. The following Roll Cali vote was taken declaring Ted Owens to serve as Parks and Recreation Commissioner. AYES: COUNCIL MEMBERS: MPT/O'Connor, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Zirbes 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera said she spoke with C/Zirbes this afternoon and wanted everyone to know that he was making his best effort to regain his strength. He sounded good and continues to work on D.B. issues at home and responds to the concerns of the residents via telephone and email. She had confidence that C/Zirbes would rejoin the Council very shortly. This past Sunday she SEPTMEBER 6, 2005 PAGE 9 CITY COUNCIL attended the Hindu Mandier and Cultural Center Dedication. Today when different segments of the City's demographics spoke during public comments she was reminded that D.B. is a truly diverse community. A large segment of this community is Indian and hundreds of people attended the dedication of the new temple in Chino Hills. She directed comments to ACM/DeStefano that he had had a very large impact on the development of D.B. for the better as well as a large impact on her development as a Council Member. She learned a lot from him. Lastly she congratulated C/Tanaka on his excellent choice of individuals who she felt would serve the community well in their positions as Commissioners. ClTanaka congratulated his new Commission appointees and thanked them for stepping up to the challenge. He thanked the City's Public Works Department and particularly DPW/Liu and SM/Gomez who responded in a timely fashion to concerns about problems in the flood control channels and other standing water issues including concerns about the West Nile Virus. On Wednesday he, MPT/O'Connor and the Volunteer Patrol Members attended the California Contract Cities Association meeting at the Sheriff's Training and Resources Center in Whittier; Saturday August 20 he attended the Youth Baseball Awards picnic and Clinic at Heritage Park and he commended the recreation staff and volunteers for an excellent event; Sunday August 21 he attended C/Zirbes prayer service at St. Denis Church; Monday August 22 he hosted the Mayor, Vice Mayor and small delegation from China; he visited the Industry Fire Station and helped welcome the German firefighters and explorers; Tuesday August 23 he and MPT/O'Connor attended the Pomona Unified School District's new teacher orientation and met with the School Board; also on August 23 a new business opened in town --- the Well Fit Natural Health Food Center; on August 25 D.B. Chamber of Commerce hosted a breakfast. The speaker was Field Representative Priscilla Hernandez who provided an update on Governor Schwarzenegger's programs and ballot issues; August 29 he and M/Chang hosted another Chinese delegation of businessmen who were interested in how the United States conducts business; August 31 he attended the Neighborhood Watch meeting at the Allegro Townhomes and helped them put together a Neighborhood Watch program; September 1 he attended the Senior Citizens Club Representatives meeting that included the Diamond Age Group, the Evergreen Seniors, the Sunshine Group and the D.B. Seniors Group; later that evening he attended the D.B.H.S. Rodeo Roundup with M/Chang and the League of California Cities LA County Division at the Metropolitan Water District office; September 6 — at today's meeting the D.B. Seniors donated $500 and collected an additional $1,289.50 for a total of $1,789.50 to be donated to the American Red Cross for the Katrina Hurricane disaster; later that afternoon he and his wife Wanda attended D.B.H.S. Club Rush week and attempted to sign up new Leo members. After seeing the devastation of the New Orleans area he is very thankful to be living in D.B. and asked that residents keep everyone including C/Zirbes in their thoughts and prayers. MPT/O'Connor wished ACM/DeStefano the best. She knew that it was a SEPTMEBER 6, 2005 PAGE 10 CITY COUNCIL career move for him and knew that he had feelings about D.B. that would remain with him. She echoed C/Herrera's thoughts that he had also provided MPT/O'Connor with a great deal of guidance. She thanked him for his expertise and said that Chino Hills would benefit from his presence. She felt that all the school districts would be involved in fundraising for the hurricane Katrina disaster. Residents have ample opportunity to find a place to donate including the City offices. Diamond Ranch High School Team has a $10 card that lists the support of many local businesses and offered that she had cards on consignment that individuals could purchase. She wished C/Zirbes a very speedy recovery. The Council Members miss him on the dais and hope that he would be back with the Council at the next meeting. M/Chang said it was heartbreaking to witness the almost total devastation that hundreds of thousands of citizens suffered during the Katrina Hurricane. Few could imagine when they went to the Superdome that they would not be returning to their homes the next day. According to reports 450,000 residents of Louisiana, Alabama and Mississippi lost their homes and personal belongings and this is a time when America and the world should come together to lend those individuals a helping hand. Please send money only to reputable organizations. He thanked his fellow Council Members for their good work. 10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the meeting at 8:43 p.m. wishing C/Zirbes a speedy recovery and in honor of the victims of Hurricane Katrina. 2005. LINDA C. LOWRY, Cl CLERK The foregoing minutes are hereby approved thisotbday of se tm r er WEN CHANG, MA