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HomeMy WebLinkAbout3/21/2006 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MARCH 21, 2006 STUDY SESSION: Mayor Herrera called the Study Session to order at 5:31 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21855 Copley Dr., Diamond Bar, CA. Present: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes and Mayor Herrera. Also Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Nancy Fong, Interim Community Development Director; Linda Magnuson, Finance Director; Marsha Roa, Public Information Manager; Sharon Gomez, Public Works Services Manager; Ryan McLean, Senior Management Analyst; Ken Desforges, IS Director, and Tommye Cribbins, City Clerk. �) Review Sports Field CIP — Lorbeer Field. CSD/Rose reported that the City has $1,250,000 in the current fiscal year Budget set aside to construct improvements such as install artificial turf on the lower lighted football field and to build a restroom building at Lorbeer Middle School. Since the Budget was approved, local organizations have come forward asking for improvements to alternative facilities instead of Lorbeer Middle School including installing lights at the D.B. Little League Facility and YMCA. If the City were to light the alternative facilities it would provide more flexibility and additional locations for organizations to participate in youth sports activities. For example, instead of just a soccer field the City would have a baseball field; girls softball could use the YMCA facilities and by lighting those facilities it would take pressure off of other facilities such as Peterson and Pantera Parks. Staff met with Pomona Unified School District today and reached agreement that there should be improvements made to the Lorbeer lower football field. Staff and the School District officials also agreed that it would not be necessary to install artificial turf in order to meet the needs of the lower football field. As a result, there is a possibility of reaching an agreement to improve the turf to a level of service available prior to the installation of lighting. This compromise would render the field more playable and usable by the community at a much lower cost. Terms of how the field would consistently be maintained would need to be negotiated between staff and the School District. Staff is seeking direction from the City Council to pursue alternative options; including, consideration for Paul C. Grow and Summitridge Parks, the pursuit of cost estimates, and reporting back to Council the results of ongoing negotiations with the School District, Little League and YMCA. MPT/Zirbes said he was encouraged to hear that the Pomona Unified School District was moving forward and agreed that the cost proposal for MARCH 21, 2006 PAGE 2 CC STUDY SESSION the field and restroom facility was high. He wanted assurance that if the City invested money at Lorbeer, staff would be able to work out the appropriate maintenance agreement with the School District. He asked if staff could also research the feasibility, cost of lighting the upper field and upgrading the track. He liked the idea of the City investing in lights for the Little League field and at Paul C. Grow Park as long as staff was able to reach a partnership agreement for those two facilities as well. He asked if there was a timeline for moving forward. CSD/Rose responded that staff was meeting again with the School District next week. CM/Lowry said that at the last meeting, prior to today, Pomona's attorney was going to write up an agreement. At the end of the most recent meeting, City staff was asked to begin the structure of an agreement. Staff has assumed the lead on pushing the items forward and there seems to be an eagerness to work toward a win-win plan for the District and the City. Staff wants to also create a win-win with the Little League and the YMCA to spread lighting across all fields. MPT/Zirbes said he felt that it was a good way to proceed because it is a good opportunity for the City to bring a lot more fields on-line. MPT/Zirbes asked if the slope at Lorbeer that dropped down from the field to the sidewalk along Golden Springs Drive could be considered part of the field that would be improved. CM/Lowry responded that Pomona, particularly wanted the lower part of the field improved. CSD/Rose said that Pomona was open to discussion and in particular, the discussion about the football field and the track. Pomona was not particularly interested in talking about the other field at this time because they believed it would complicate the discussion and take focus away from the field that was already lighted. During the meeting, staff brought up the slope, but did not spend a lot of time discussing that particular area. However, he felt it was a good point and deserved further assessment. C/Tye asked if staff was moving away from artificial turf to grass. CSD/Rose responded yes. C/Tye asked if staff contemplated rubberizing the track. CSD/Rose stated that staff would look at renovating the track, but not rubberizing and that staff would be looking into a long-term approach to improving the track once the drainage mitigation costs were determined. MARCH 21, 2006 PAGE 3 CC STUDY SESSION C/Tanaka said he liked staff's approach to presenting alternatives because it appeared that because the process had gone on for two years the Board had grown to distrust the process even though they would have first priority over the field. By spending less at Lorbeer and improving other facilities it would offer greater field use by the youth groups. C/Chang said that since the beginning, Pomona has failed to move forward with discussions. He agreed with C/Tanaka that the Board was skeptical and the Board Members who were initially involved in the discussions were no longer in their positions or were no longer communicating with D.B. staff. He felt it would be good for staff to have another meeting with the Pomona School Board, lay all of the cards on the table and let them respond and let them know that D.B. had no intention of controlling the field at Lorbeer. The field belongs to the people and that the City is attempting to improve the fields so that residents can use them. C/Tye asked if there had been any confrontations between the City and the School District since the lighting was installed at Lorbeer. CSD/Rose said that no confrontation between the City and the School District had occurred. In fact, today's discussion pointed out to all participants that both entities were on the same side of the issue and were negotiating in good faith to find the best and most appropriate community use of the facility. The School Board members brought up issues of residents assuming control by forcing the gates open and parking vehicles out on the basketball courts and onto the fields as well as confronting District staff when staff members asked residents to take their vehicles off of the basketball court and turf. The City explained that it deals with the same types of issues at the City parks and that staff wants to be able to work with the School District to determine what type of control they want over their facilities. Staff believes that there are methods for dealing with these types of issues and agrees that ultimately the long term maintenance of the facility once turf or grass is installed is the most important issue that needs to be resolved. CM/Lowry stated that CSD/Rose shared his expectations with the School staff that the fields should be maintained like the City's park fields and he was, in fact, offering that level of maintenance to the school field. When CSD/Rose shared how he maintains the fields there was a sense of relief that the City would actually take the fields out of use for a period of six weeks to regenerate them. Her personal impression was that the District's reaction to the City was that it wanted those fields 24/7, and once the City was able to install artificial turf, nothing would stop D.B. from constant and ongoing use. Based on their expectations, it is logical that they would drag their feet on the matter of installing artificial turf. MARCH 21, 2406 PAGE 4 CC STUDY SESSION CSD/Rose felt that the District was relieved to find out that the City would not be using the State's model for a joint agreement, since the City was not able to get State grant funds for field improvements. CITye believed the public's perception was that the District thought that if it could not be done for all of the middle schools it should not be done for Lorbeer, which he felt was a preposterous position. CM/Lowry felt the School District was surprised by this perception. In fact, Pomona could increase the use of their resources if they would negotiate with D.B. over the maintenance of Lorbeer fields and that there was a very high potential for a win-win agreement and the Board was eager to show progress. MPT1Zirbes asked if CSD/Rose felt that the School District would allow the City's contractors to do the maintenance. CSD/Rose felt that they would not at this point and that was part of the issue that they needed to discuss. M/Herrera said she was glad that staff was moving toward some type of agreement with the School District. Council directed staff to continue negotiations with the School District and present Council with a report on the amount needed to cure Lorbeer as well as provide a proposal with costs to upgrade other fields as proposed. Public Comments: None Offered. 2) Library Survey Results. ACM/Doyle introduced Jonathan Brown with Fairbank, Maslin, Maullin & Associates who stated that the survey results were fairly straightforward. Three quarters of likely voters favor a new library. However, when a description of the funding mechanism is offered to them and a second vote is taken 36% said they would vote for a new library, 34% said they would not and 21 % were looking for more information or were undecided. He said he would like to be able to offer more analysis but the questions that were approved by the Council pretty much speak for themselves. MPTIZirbes explained that the Council interpreted the survey results the same as the Consultant. What the Council wanted to know was how reliable the Survey results were and what portion of the 17% could be expected to move into the "yes" category with more information. How many "no' responses would move into the "yes" category with more information, etc. and what was the likelihood that 47% could be increased to 67% to ensure passage of a ballot measure? He asked Mr. Brown to MARCH 21, 2006 PAGE 5 CC STUDY SESSION comment based on his experience whether he believed based on the survey results a ballot measure would be successful. Mr. Brown responded to MPT/Zirbes that it would be very difficult to answer his question. The original survey was designed to focus on all of the individual aspects of the Library plan to see what would be more or less popular with voters, what additional aspects of the measure could be written in, such as a citizen's oversight committee or annual audits that would provide public trust and make it more popular with voters. It is conjecture on his part because the way that the survey was returned to Fairbank, Maslin, Maullin & Associates did not follow the organization's usual structure. When 46% say "yes" he would presume that those individuals would definitely or probably vote "yes." These are people who are pretty well convinced that with a minimal amount of information that they are in agreement with the project. How strong the "no" vote is he could not say. He said ordinarily the survey included questions about whether people felt overburdened by taxes or their personal economic situation with additional questions measured on those "need more information voters" to see who they were, what aspects of the Library would be most popular with them and so forth. And with that information he would be better equipped to extrapolate the information and go through a series of questions as more information was presented to see how that information would ultimately impact "yes" and "no" votes. With 46% of your likely voters saying they would vote for this, he would not rule out that the number could increase to a sufficient level to get the measure passed, but he could not tell the Council based on the survey whether they would vote "yes" or what might prompt them to do so. C/Tanaka asked if a question about party affiliation was asked during the survey. Mr. Brown responded No. That information is from the voter file as it says on the survey. M/Herrera said that some people who were surveyed were asked that question. Mr. Brown responded that his firm conducts about 200 surveys a year and this would be the first time that he had heard that statement. M/Herrera asked where Mr. Brown's firm got the people who conducted the survey. Mr. Brown responded that his firm subcontracts to several phone banks that specialize in doing surveys. He could not say what firm provided the MARCH 21, 2006 PAGE 6 CC STUDY SESSION service for the D.B. survey but said he would be able to provide the information to ACM/Doyle. M/Herrera asked if it was possible that the people who conducted the survey were not located in California or even in the western part of the United States. Mr. Brown responded yes. M/Herrera asked if it were possible the surveyors resided outside of the United States. Mr. Brown responded, "No". M/Herrera said she would like to know where the surveyors were from. Mr. Brown said his firm works with only four companies and has done so on a continuing basis for 20 years. These are businesses with which his firm has a very longstanding business relationship and he trusts them implicitly to do the work on behalf of the firm. ACM/Doyle asked if such a question would have been in the script given to the survey company. Mr. Brown responded No. It was a check to make sure that the calls were being done properly. The surveyor has the name of the person as well as their voter registration information, which includes gender and it says "gender by observation" so his firm uses that as a double check and a safeguard that the calls are being made as promised. MPT/Zirbes referred Mr. Brown to question #1. When people were asked how often they used the Library 37% said "often" or "sometimes," fit% "rarely" and "never." He wondered if rarely and never would feel compelled to vote "yes" for this type of ballot initiative. Mr. Brown said that clearly, 75% in the next question say they favor a new library and that is essentially the entire group that responded "often" .,sometimes" or "rarely." Some people may pop into the Library once in a blue moon but they may also be aware of the need for a new library and are interested in pursuing it. ACM/Doyle explained that the survey consultant said that when people respond "rarely' or "never' it is still not clear whether those individuals would be going to some other library instead of using the D.B. library because it might be inadequate for their needs. MARCH 21, 2006 PAGE 7 CC STUDY SESSION Mr. Brown agreed and stated that when his firm presents these types of questions it tries to avoid adjectives and be more specific. For example, his firm would ask "do you use the Library once a month, several times a year, only in very rare circumstances or never and provide an option for folks who use public libraries and not just D.B. public libraries. Re said he did not know what "often" "sometimes" "rarely" and "never' really meant to people because those were very general terms. People who visit the Library the same number of times might answer the question "often" or "rarely" depending on their individual perception of the question. MPT/Zirbes asked if Mr. Brown's firm would have any voting outcome data on prior surveys with numbers similar to this survey regarding libraries in other communities. Mr. Brown said he would provide the data to the Council. The difficulty is that in every other library survey his firm has conducted the questions were asked in a different manner. There would be some level of comparison that could be made but it would not be an apples -to -apples comparison. MPT/Zirbes said he would be reluctant to put something on the ballot without having a strong feeling for its successful outcome. Mr. Brown said his firm attempted to present a survey that would have come a lot closer to answering those questions. C/Tanaka asked the timeframe to get this issue on the November ballot. ACM/Doyle said that the drop -dead date would be about August 12 to 14. C/Tanaka was concerned that it was getting too late to do an adequate educational campaign that would influence the survey numbers. ACM/Doyle responded to M/Herrera that she was correct that there was a State measure on the June ballot for $600 million for library improvements similar to the last bond issue for $350 million. The downgrading of the D.B. application involved a number of different areas including public transportation, which was a requirement of the prior bond act. The only certainty at this time was that there would be a bond act measure on the June ballot that would either be passed or defeated and if passed, a committee would be appointed to create the rules or guidelines for distributing the funds. Further, it is unknown at this time whether D.B. would be able to use its same application or have to completely revise its application. ACM/Doyle stated that the legislation written for the June bond measure provided that consideration would be given to applications that made it to MARCH 21, 2006 PAGE 8 CC STUDY SESSION the third round and that there could be no less than $20 million or so associated with each application. There was no indication, however, that those applications would be given a higher priority or higher preference. Originally it was believed that those in the third round would be a shoe -in, but that was not the way the legislation was passed. MPTIZirbes said that the Committee could decide to give priority to the third round applicants. AGM/Doyle agreed that they could but that the legislation did not address that eventuality. Public Comments: Clyde Hennessee said he was tired of the City's money being spent on this Library issue. 50% of the population of D.B. said they would not pay for this Library and he wanted to know at what point the issue would die. Marnie Shay felt the City should go out on a limb and move forward with the process because if you look at the number of people who are willing to pay for a Library and those that would like information the numbers add up to almost the 67%. People who know nothing about the proposed new 1 -library would probably say "No" but if everyone worked together it could provide the education necessary for the citizens to make a solid decision and do the right thing. A library is more than just a place for books it is a place to bring members of the community together to communicate. Kathleen Newe felt that Mrs. Shay made an excellent statement when she said the Library would bring the community together and be a focal point for the City. In her opinion, it was up to everyone to pull together to help the citizens make an informed decision. If the Council puts the measure on the ballot and launches an educational process to inform the community the measure would have a chance to pass. Marsha Hawkins said she believed that 75% meant a strong "yes" for the new Library. She felt that the prospects were extremely good for an educational campaign. The Council had an opportunity to do that with this survey but chose not to do it. Otherwise, the City would have clear answers now so that instead of dragging feet, the community could move forward. Allen Wilson said it was great to educate the community about what it wanted to do and what it did not want to do. During the last City Council meeting a number of students came forward to say they wanted a place to "hang out" and he was not going to pay property taxes to turn a library into a nanny state. There are enough computers in a lot of households in this community. It's a highly educated community and the parents are highly MARCH 21, 2006 PAGE 9 CC STUDY SESSION educated and the kids are highly educated. But he was stili concerned about the results of question 3 with 46% saying they wanted (a new library) and 34% saying they did not want (a new library). Ultimately, it is the "No" responses the City has to be concerned about. There is no way that two-thirds of this City will approve a new Library. Some of us have had it — especially after the last City Council meeting where we saw all of these kids coming up to speak. It's great if they want it when they don't have to put their money where their mouth is and they say we might as well pay for it. When he started the Community Foundation, it was an effort to raise money as a 501(c)3 non-profit organization that told the City what it wanted to do and the Foundation was doing all it could to raise the necessary funds but it takes a lot of effort. Carolyn Anderson asked permission to speak on another topic and said that Waste Management was proudly serving the residents of D.B. At the end of their contract, they hoped the City would grant an extension. Waste Management intends to put four new clean -air vehicles into service in the City of D.B. in the month of April. In addition, her firm is working with staff to implement a recycling plan in the City's offices and is developing new educational pieces. It is true that the company divested the Inland Empire's 'Waste Management of the Desert", but the Los Angeles market area is strong and there are no plans for further divestiture. C/Chang said that the Library had been on the City's agenda for several years, and that this was a good project and a good investment for the community and that is why the City has spent time talking about a new library. He did not agree with those people who were speaking so negatively about the community. This is a good project for the community, and he asked residents not to paint a negative picture. Since the City was not able to obtain the grant funds, it is now time to decide whether to move forward. If the Council decided to move forward, it would be time to leave it to the voters to decide. Although he has never encountered such a survey with only three questions formulated like this survey, he agreed with Council to move forward with the survey, and the survey does not indicate that the City should drop the project. Even without a good educational program a good percentage of the residents sent a strong message that they want to have a good library. He felt the Council should place the matter on the ballot and launch an educational campaign so that the residents could decide. This could drag on and on if the City keeps waiting for grant money. In order to control the City's destiny this matter should be placed on the ballot so that the people can once and for all decide whether they want to build a new library. In his opinion, the Library would be a good place for kids to "hang out." M/Herrera said she was not ready to abandon the City's grant application because the City had invested $200,000 toward acquiring grant funds, especially when the City might have another chance to obtain funds to MARCH 21, 2006 PAGE 10 CC STUDY SESSION build the facility. She felt that the voters and residents deserved every good effort that the City could make to afford them services they would like to have. She had concerns about the residents being willing to pay for a new library, so she would like to explore an application. MPTIZirbes stated that the Council had until August to put the matter on the November ballot and by that time the June ballot would have been decided. In addition, the Council asked for additional information about the data from the consultant. If the City were successful in getting $10 million in grant funds toward the construction of a new library it would of course be the best option. He also agreed that the people should decide, but he did not believe tonight was the night to make that decision because there was time between now and August to make a determination. In the meantime the Council has an opportunity to gather more information and see what happens with the June ballot. During discussion of an educational campaign he wondered who would do it and who would pay for it. And, if the City was expected to pay for the educational campaign where would the money come from? If the Council continues to discuss this issue and get more information at each of its subsequent meetings, it would be better prepared to arrive at a good decision that everyone would feel comfortable about. If the ballot fails in June the City would have little choice but to place the measure on the November ballot. C/Chang said that even if the bond passed, it would not guarantee that the City would receive grant funds. Assuming passage, the earliest the City would possibly get an answer would be in 2008. CITanaka asked if the bond application and the Council's decision to place this matter on the November ballot were mutually exclusive, or could the City move forward with an educational campaign. M/Herrera responded that ACM/Doyle indicated the City would probably' not get a judgment by August. If the ballot measure passed in June, it could take another six months for the Legislature to figure out who would decide the rules of the disbursements. Therefore, the two items were independent of one another. ACM/Doyle responded that there was nothing in the legislation to preclude the City from placing the matter on the November ballot and moving forward with an educational program. Specifically, the legislation says that if cities spend any money toward construction it would be ineligible for bond money. ADJOURNMENT: With no further business to come before the City Council, MlHerrera adjourned the Study Session at 6:35 p.m. 1 1 1 MARCH 21, 2006 PAGE 11 CC STUDY SESSION 9 Tommy6 Cribbins, City Clerk The foregoing minutes are hereby approved this 4th 2006. CAROL HERRERA, Mayor day of April 1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 21, 2006 STUDY SESSION: 5:31 p.m., Room CC -8, AQMDIGovernment Center Auditorium, 21865 Copley Dr., Diamond Bar, CA. No. Review Sports Field CIP — Lorbeer Field ► Library Survey M/Herrera adjourned the Study Session at 6:35 p.m. to the Regular City Council Meeting. CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:44 p.m. in AQMDIGovernment Center Auditorium, 21865 Copley Dr., Diamond Bar, CA. MlHerrera reported that during the Study Session, Council discussed Sports Field Improvements at Lorbeer Middle School and the Library Survey results. The City Council will continue to discuss these two issues at future study sessions. PLEDGE OF ALLEGIANCE: MlHerrera led the Pledge of Allegiance. INVOCATION: Ian DeOrio, Pastor, Young Adults Diamond Canyon Christian Church gave the Invocation. ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes and Mayor Herrera. Staff Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Nancy Fong, Interim Community Development Director; Ken Desforges, Information Systems Director; Ryan McLean, Senior Management Analyst; Marsha Roa, Public Information Manager; Sharon Gomez, Public Works Services Manager; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Tanaka presented a City Tile to outgoing Planning Commissioner Ruth Low; MPT/Zirbes presented a City Tile to outgoing Planning Commissioner Dan Nolan; Jody Roberto on behalf of Assemblyman Bob Huff s Office presented Certificates of Recognition to Dan Nolan and Ruth Low. MlHerrera congratulated Ling -Ling Chang on her appointment to the Walnut Valley Water Board and Nancy Lyons on MARCH 21, 2006 PAGE 2 CITY COUNCIL her appointment to the Walnut Valley Unified School District Board; CITye presented a City Tile to outgoing Parks and Recreation Commissioner Ling - Ling Chang; C/Chang presented a City Tile to outgoing Parks and Recreation Commissioner Nancy Lyons. Jody Roberto, on behalf of Assemblyman Bob Huffs office, presented Certificates of Recognition to Ling -Ling Chang, stating that Ms. Chang had just been named "Woman of the Year', and to Nancy Lyons. MlHerrera recognized Arun Virginkar, outgoing Traffic and Transportation Commissioner who was not present and informed the audience that a City Tile would be mailed to him. Ms. Roberto also gave a Certificate on behalf of Assemblyman Huffs office to Mr. Virginkar. 1.2 MlHerrera presented Certificates of Recognition to the Diamond Ranch High School Girls Basketball Team for winning the CIF Basketball Championship. Jody Roberto, Assemblyman Bob Huff's office also presented certificates to the team members. 1.3 MPTIZirbes proclaimed March 2006 American Red Cross month. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Presentation of "Working Together for Traffic Solutions" the City's information video on why the SR57/60 interchange needs to be fixed. ACM/Doyle stated that the City Council has played a lead role in addressing many traffic and transportation issues that plague D.B. as well as the entire region. MlHerrera sits on the Four Corners Transportation Policy Group as well as a number of other transportation related agencies. The City is working with Pomona, Brea and Chino Hills to develop a Four Corners Transportation Coalition that would take the projects it identified as the top four priority projects of the Four Corners Policy Group and work with private sector companies and other cities within the Region to provide funds to lobby for construction of those projects. D.B.'s number one priority and one of the top four projects for the Transportation Coalition is the 57160 interchange final fix. In anticipation of the creation of the coalition, D.B. has created an informational video that would provide other cities, private sector businesses and State and Federal legislators information that would lead to the funding of this project in future years. The City is currently developing an initial study for interchange alternatives in partnership with MTA and the City of Industry. The results of the Study should be available in about a year. At that time additional funds would be required to move forward to complete the design work and ultimately obtain Federal funds for construction. The video presentation followed. ACM/Doyle referred Council to Agenda Item 6.14 for Council Consideration, which is a MARCH 21, 2006 PAGE 3 CITY COUNCIL resolution approving in concept the Four Corners Transportation Coalition, appointing M/Herrera as the Council's representative and appropriating funds for membership dues. 3. PUBLIC COMMENTS: Irene Wang, D.B. Librarian, invited residents to a Citizenship Application Workshop on Tuesday, March 28 at 7:30 p.m. The program is open to all legal permanent residents of all ethnic backgrounds throughout the San Gabriel Valley area. During the workshop the following free services will be provided: Assistance in verifying eligibility for citizenship, help for individuals to complete their citizenship applications, the taking of application photographs, and sending of the applications to the U.S. Citizenship and Immigration Office. In addition, study aids will be provided to help prepare individuals for their citizenship interview and examination. The only required fee is the $400 filing and fingerprint fee. The fee for individuals aged 75 and above is $330. Irene Wang also spoke about the library's adult and young adult seminar called "A Roadmap to College." Due to the success of the Princeton Review seminar the Library has decided to hold several additional seminars and workshops in conjunction with college applications. For instance, this Saturday there will be a free SAT practice test at the Library. Unfortunately, only 56 students are able to attend and there are 30 students on the waiting list. The Library hopes to accommodate the waiting list this Summer. In April the students will be able to review their scores. Ms. Wang stated that there are many programs at the Library including free story time for young children, babies and toddlers. The weekly programs are very popular and the average attendance has grown to 60-70 children and adults. Clyde Hennessee said that according to the Library Survey data 46% of the residents were not willing to pay additional taxes for the next 30 years to support a new library. An individual suggested that more information be provided for the residents. He reiterated that he was tired of hearing about the Library and tired of the City spending money on any type of private and commercial advertising forthe Library. The people who want the Library have the funds to build it and they can pay for the advertising. He said he did not want the City, its officials and staff spending any more time and money on the Library issue. Larry Smith said he has resided in D.B. since 1979 and was very proud of the community including the worldwide recognition of its excellent education of its young people. If D.B. wants to continue being known for its excellent education and for its good values that have been fostered through good educational opportunities it must continue to grow. In his opinion, a world- class library was an important part of any community and particularly one that was based on education. He noted that the City of San Marino recently spent $13 million to build a library. Libraries evolve and a D.B. Library would provide opportunities for kids to learn on-line and have textbooks on file from the local schools. He said he has heard people talk about the school MARCH 21, 2006 PAGE 4 CITY COUNCIL population shrinking and that there would not be enough kids to support a new library in the future and that because property values are increasing it becomes increasingly difficult for young families to live in D.B. He said he could not believe that the demographics would be much different between the two cities and if the City of San Marino believed a new library was valuable to the citizens, would it not also be true of D.B. Studies show that libraries enhanced community property values. If 46% of the people said they would vote to support a new library 30% said they would not, that means that 70% plus would actually support a new library. Because there were so many people undecided at this point, the reasonable thing for the City to do would be to place the matter on the ballot. Allen Wilson requested a correction on the Consent Calendar Item 6.1.1 to read "aging" population rather than an "Asian" population. During the Study Session the Library issue was once again discussed. If it is something the City wants, the question is whether the citizens are willing to be taxed in order to pay for a new library. He for one will not pay for it. He encouraged everyone to attend the Wine Soiree this Sunday at the Diamond Bar Center to help raise funds for a new library. He said that individuals could also write a check to the non-profit Diamond Bar Community Foundation if theywanted to donate to the Library. It appears that the students who spoke at the last City Council meeting want a place to hang out and he does not pay for a place for someone to hang out. People go to the library to get information for careers, research for school projects or personal enjoyment. Question #3 (of the Library Survey) was "are you in favor of the Library"; 46% said "Yes" — 34% said "No" and 34% is the figure he is very concerned about. He does not want the City to spend $80,000 on an election with money the City does not have. The City should take the conservative approach. There is an application pending through the Library Bond and the City should wait to see what happens with that Bond and hope for miracles. In the process, if the residents roll up their sleeves and put their money where their mouths are, the residents do not have to go into debt and can make a contribution with tax benefits. He felt it was not fair to tax the children. George Wei felt that most people would access the Internet at their homes and not at the Library. Young kids use the Internet more than they would use a new library. If D.B. wanted to build anew library it should have done it 10 years ago because it is already too late. The information infrastructure has changed from a library to a more accessible Internet. He recommended that the City promote itself to be a wireless City instead of spending so much money to build a library that would be outdated as soon as it was finished. He also felt the location of the proposed facility would not be accessible because younger kids would not go to the Library when they could get the information at home. Osman Wei said the more he hears about the library and the video rerun from the last Council meeting the more questions he has. The subject is full of controversy. He wanted to know who was asked (through the survey) MARCH 21, 2006 PAGE 5 CITY COUNCIL M/Herrera explained that if the City moved toward a ballot measure more specific plans would be shared with the residents. ACM/Doyle further stated that the library was designed based on the requirements of the Bond issue. There is no guarantee or commitment that it would be the library that would be built although the Council has moved forward on that premise. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — March 23, 2006 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.2 Diamond Bar Friends of the Library Wine Soiree — March 26, 2006 — 4:00 -7:00 p.m., Diamond Bar Center, 1600 Grand Ave. 5.3 Planning Commission Meeting — March 28, 2006 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. whether they would be willing to build a library and be taxed to build it because if the person being surveyed was not a homeowner he would surely respond "yes." As a homeowner he and 30 of his neighbors who own their homes were never surveyed. D.B. has 30,000 voters and 15,000 properties. The property owners should be asked if they approve of the property owners paying for a new library — do they believe it is fair? In his opinion, the survey should be thrown out. During the last City Council meeting several young people asked the City Council for a place to hang out. The City has the obligation to supply a good library but the City has no obligation to be babysitting the kids after school if they just want a place to hang out. People who do not live in D.B. are telling the residents they need a library that would benefit the citizens who live in neighboring cities. He said that there was a lot more information he would need before he could decide on whether the residents should spend $13 million to build a new library. What would it look like, what does it mean that it would be three times larger— larger than what, the current facility? The City of Cerritos spent $65 million to build a library and performing arts center and they are now facing a crisis because each year the City has to find $10.5 million to maintain the facility. Fortunately, Cerritos has 27 car dealerships that provide $1 million each in tax revenue to the City. D.B. does not have that kind of income stream. He asked the City Council to please reconsider the issue. 4. RESPONSE TO PUBLIC COMMENTS: ACM/Doyle explained that as part of the application process for the last Library Bond issue, the City compiled profile drawings for the proposed library and created a 3- dimensional computer animation that has been played on DBTV. M/Herrera explained that if the City moved toward a ballot measure more specific plans would be shared with the residents. ACM/Doyle further stated that the library was designed based on the requirements of the Bond issue. There is no guarantee or commitment that it would be the library that would be built although the Council has moved forward on that premise. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — March 23, 2006 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.2 Diamond Bar Friends of the Library Wine Soiree — March 26, 2006 — 4:00 -7:00 p.m., Diamond Bar Center, 1600 Grand Ave. 5.3 Planning Commission Meeting — March 28, 2006 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. MARCH 21, 2006 PAGE 6 CITY COUNCIL 5.4 City Council Meeting — April 4, 2006 — 6:30 p.m., Auditorium, AQMDIGovernment Center, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Tanaka requested corrections to Item 6.1.2, specifically, corrections in the spelling of names of two of the speakers during Public Comments. C/Chang moved, CITye seconded to approve the Consent Calendar as presented including corrections to Items 6.1.1 and 6.1.2. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPTIZirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Study Session of February 21, 2006 —as corrected. 6.1.2 Regular Meeting of February 21, 2006 —as corrected. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of February 14, 2006. 6.3 RATIFIED CHECK REGISTER — Ratifying check register containing checks dated March 9 and March 16, 2006 in an amount totaling $666,591.38. 6.4 DENIED CLAIMS: 6.4.1 Filed by Sid Sarnobat on January 9, 2006. 6.4.2 Filed by Enrique De La Rosa on February 15, 2006. 6.5 APPROVED LETTER AND ADOPTED RESOLUTION NO. 2006-17: URGING CONGRESS TO PROTECT THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM IN THE FISCAL YEAR 2007 FEDERAL BUDGET. 6.6 APPROVED LETTER AND ADOPTED RESOLUTION NO. 2006-18: OPPOSING LOS ANGELES MAYOR ANTONIO VILLARAIGOSA'S REQUEST FOR FUNDING FOR AN EXTENSION OF THE RED LINE SUBWAY. 6.7 APPROVED LICENSE AGREEMENTS WITH NEW CINGULAR WIRELESS, PCS, LLC, NEXTEL COMMUNICATIONS, T -MOBILE, USA, AND LOS ANGELES SMSA PARTNERSHIP DBA VERIZON WIRELESS TO CO -DEVELOP TWO WIRELESS COMMUNICATIONS SITES AT SUMMITRIDGE PARK. MARCH 21, 2006 PAGE 7 CITY COUNCIL 6.8 APPROPRIATED $17,590 FROM GENERAL FUND RESERVES TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET; AWARDED DESIGN SERVICES CONTRACT FOR THE WASHINGTON STREET CUL-DE-SAC IMPROVEMENT PROJECT TO DMS CONSULTANTS IN THE AMOUNT OF $15,590; AND, AUTHORIZED A CONTINGENCY AMOUNT OF $2,000 FOR CHANGE ORDER TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $17,590. 6.9 APPROVED CONTRACT AMENDMENT NO. 1 IN THE AMOUNT OF $50,000 WITH MUNICIPAL ENGINEERING RESOURCES (M.E.R.) FOR CONSULTING ENGINEERING SERVICES FOR A TOTAL AUTHORIZATION AMOUNT OF $90,000. 6.10 ADOPTED RESOLUTION NO. 2006-19: APPROVING JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES; DIAMOND BAR CITY COUNCIL; BOARD OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT; BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 21; BOARD OF DIRECTORS OF THE THREE VALLEYS MUNICIPAL WATER DISTRICT; BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT; BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT DISTRICT NO. 3; AND BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT DISTRICT NO. 4 APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION OF TRACT NO. 31850 (1985, 22 SFR BY DB DEVELOPMENT CORP., ON LEYLAND DRIVE BETWEEN BENFIELD PLACE AND WYNNEWOOD DRIVE)TRACT NO. 42564 (1992 74 SFR BY BRAMALEA, INC., ON LEYLAND DRIVE, NEWBURY WAY, AND BENEFIELD PLACE), PARCEL MAP NO. 18722 (COUNTRY HILLS TOWNE CENTER, 2797 DIAMOND BAR BOULEVARD) L 077-1 (1992, 55 CONDOMINIUMS AT 800 GRAND AVENUE), L 086-9,(1971, ST. DENIS CATHOLIC CHURCH, 2151 DIAMOND BAR BOULEVARD) AND L 119-7 (DIAMOND BAR VILLAGE APARTMENTS, 1750-2000 DIAMOND BAR BOULEVARD BETWEEN ACACIA HILL ROAD AND MOUNTAIN LAUREL WAY) TO COUNTY LIGHT MAINTENANCE DISTRICT 10006. 1 MARCH 21, 2006 PAGE 8 CITY COUNCIL 6.11 ADOPTED RESOLUTION NO. 2006-20: APPROVING JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES; DIAMOND BAR CITY COUNCIL; BOARD OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT; BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 21; BOARD OF DIRECTORS OF THE THREE VALLEYS MUNICIPAL WATER DISTRICT; BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT; AND, BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT NO. 5 APPROVING AND ACEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION OF L 034-99 (LA FITNESS, 20801 GOLDEN SPRINGS DRIVE AND DIAMOND PLAZA, 20855 GOLDEN SPRINGS DRIVE) TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006. 6.12 (a) ADOPTED RESOLUTION NO. 2006-21: GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1, DIAMOND BAR ZONE, CITY OF DIAMOND BAR, L 062-2005 (ORIENTAIL NURSERY, 1035 BANNING WAY AND BANNING WAY PLAZA, 20655 GOLDEN SPRINGS DRIVE) AND PARCEL MAP 22987 (BEST WESTERN HOTEL, 259 GENTLE SPRINGS LANE) (b) ADOPTED RESOLUTION NO. 2006-22: APPROVING JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES; DIAMOND BAR CITY COUNCIL; BOARD OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT; BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 21; BOARD OF DIRECTORS OF THE THREE VALLEYS MUNICIPAL WATER DISTRICT; BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT; AND, BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT NO. 5 APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION OF L 062-2005 (ORIENTAL NURSERY, 1035 BANNING WAY AND BANNING WAY PLAZA, 20655 GOLDEN SPRINGS DRIVE) TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006. MARCH 21, 2006 PAGE 9 CITY COUNCIL (c) ADOPTED RESOLUTION NO. 2006-23: APPROVING JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES; DIAMOND BAR CITY COUNCIL; BOARD OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT; BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 21; BOARD OF DIRECTORS OF THE THREE VALLEYS MUNICIPAL WATER DISTRICT; BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT; AND, BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT NO. 5 APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION OF PARCEL MAP 22987 (BEST WESTERN HOTEL 259 GENTLE SPRINGS LANE) TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006. 6.13 ADOPTED RESOLUTION NO. 2006-24: ESTABLISHING A REIMBURSEMENT POLICY IN ACCORDANCE WITH GOVERNMENT CODE SECTION 53232.2 AND 53232.3 (AB1234). 6.14 ADOPTED RESOLUTION 2006-25: AUTHORIZING THE CITY TO JOIN THE FOUR CORNERS TRANSPORTATION COALITION, DESIGNATED THE MAYOR AND/OR HER DESIGNEE AS THE CITY COUNCIL REPRESENTATIVE, AND APPROPRIATED $10,000 FROM GENERAL FUND RESERVES. M/Herrera said that with respect to Item 6.14 D.B., was the first City to act and she was very proud of D.B. for taking a leadership role. 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: MPT/Zirbes said he would withhold his comments until the next meeting and thanked everyone for their presence this evening. MPT/Zirbes left the dais at approximately 8:00 p.m. C/Tanaka reported that on March 12 he attended the Eagle Scout Court of Honor for Ryan Perez; Tuesday March 14 he attended the Pomona Unified School District Board meeting, a very extensive meeting that was also attended by CSD/Rose to discuss improvements to the Lorbeer Middle School football field and alternative options; March 17 he attended Senator Gloria Romero's seminar on prescription drug programs and Medicare. As a member of the D.B. Senior Citizens Club there are a lot of questions that arise as to the options on part D that are coming up and some of the other MARCH 21, 2006 PAGE 10 CITY COUNCIL plans that individuals can take for prescription drugs and other options. It was a very well attended seminar and portions were also presented in Spanish. Saturday March 18 he attended the 58tt' Annual California Parks and Recreations Society Awards and Installation Banquet that was also attended by many staff members during which D.B. received an award for excellence in facilities design for a medium sized city (50,000-100,000). He participated in the National League of Cities conference call on the Youth Master Plan and listened to five other cities and how they are progressing in their plans. He had an opportunity to share in D.B.'s plans and their progress in that process. He attended the Legislative Subcommittee meeting with M/Herrera and SMA/McLean. He had an opportunity to review Assembly and Senate bills and discuss potential impacts and make recommendations to either oppose or support those kinds of legislations. March 25 the Miss Diamond Bar Pageant will take place at 7:00 p.m. at Mt. SAC. He reminded residents about the Wine Soiree on Sunday March 26 from 4:00 p.m. to 7:00 p,m. C/Chang received telephone calls from residents who were concerned about the trees that were removed from the Grand Ave. median at Golden Springs Dr. He reminded residents that the Council voted to remove the aged and unhealthy trees from the median and replace them with a better variety. D.B. is a Tree City and is very concerned about the look of its medians. He was pleased that residents living near Summitridge Park would soon enjoy improved cell phone reception with the installation of two towers. The Brea Canyon Rd. exit is open and he asked PWD/Liu to request Caltrans to put up a sign to help drivers realize they are approaching the exit as well as to remain in the proper lane to continue on the SR 57 toward Brea. C/Chang commented on the speaker's comments regarding the Library. In terms of the library being outdated and that the Internet would replace a library, the numbers do not lie. The Internet has been in use for almost 10 years. The attendance at the library and the book checkout rate has not declined during that period. In fact, the attendance and checkout rate has increased and those facts are not in dispute. CalPoly-Pomona is expanding their library because the usage is heavy and the library is popular. Regarding the proposal for D.B. to be a wireless City, that scenario is already on the drawing board and D.B. is moving in that direction thanks to staff and especially to ISD/Ken Desforges and the IS Department. ISD/Desforges reported that the City had received preliminary approval from SoCal Edison to mount WiFi assets to their light poles, subject to negotiation of a contract at market rates. C/Chang said he hated to have residents beating down the young people by accusing them of wanting a hangout." The young people stated many reasons they wanted a library and he believed that the term "hangout" was taken out of context. He said he did not believe the young people intended to use the Library as a "hangout" nor would they be allowed to do so. MARCH 21, 2006 PAGE 11 CITY COUNCIL C/Tye thanked ACM/Doyle for his excellent presentation on "Working Together for Traffic Solutions." It was his privilege to travel to Sacramento in January and present such a fine quality production to the Legislators to let them know what D.B., the Region and the Country need to get the problem fixed. It was his privilege to represent the City at the National League of Cities last weekend and be able to visit the offices of Senator Boxer, Senator Feinstein and Congressman Miller and pass along this information to let them know that this problem goes far beyond the City and affects the State and the Country as well. He felt that anyone who could do so should attend the Miss Diamond Bar Pageant. He hoped that he would see everyone at the Wine Soiree on Sunday and he offered to meet with residents on Saturday at "It's a Grind" at 1223 South Diamond Bar Boulevard about 9:00 a.m. M/Herrera congratulated tonight's award recipients and congratulated the Diamond Ranch High School Girls Basketball team on their wonderful accomplishment. In the recent past the High School had no seniors and has now grown in power and strength. The School and its students do the City of D.B. proud! She congratulated the outgoing Commissioners and wished them success in their future ventures. She was in Washington D.C. last week and commented on Congressmen who felt that transportation issues are a "California problem." Part of the challenge is to convince them that what is happening in California affects the entire nation. Forty percent of the goods that travel by truck through the San Gabriel Valley travel through to the eastern region and as areas of California become blocked and clogged it affects the delivery of goods throughout the nation. Every minute, hour and day of delay costs money. With all of the inherent challenges, goods still move at a faster pace out of the Southern California ports than they do out of other regions. The San Gabriel Valley contingent visited Congressman David Drier who is key to making appropriations; the office of Senator Barbara Boxer is a great supporter of Alameda Corridor East Construction Authority which many in the east are calling a project of "national significance" because they understand that grade separation and rail crossing improvements move freight quicker and lessen the negative impact to air quality. The contingency also visited the office of Jim Tymon, staff member for Congressman Young. She also met with Arthur Chan, Highway Policy Director, for the Subcommittee on Highways, Transit and Pipelines House Transportation and Infrastructure Committee and Bill Richard with the Office of Congressman Jim Oberstar. All of these individuals are key people who can influence the granting of monies to Southern California and its projects. D.B. is looking for money for the 57/60 interchange final fix and other four - corner improvements that will improve mobility and air quality for the ultimate benefit of the entire Country. She believed that the contingent created a positive impression. And said she was proud of staff for putting together the coalition and providing the tools to assist the coalition in its effort to obtain funding. MARCH 21, 2006 PAGE 12 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council meeting at 8:20 p.m. } Tommye Cribbins, City Clerk The foregoing minutes are hereby approved this 4th day of tri , 2006. CAROL HERRERA, MAYOR