HomeMy WebLinkAbout5/16/2006 Minutes - Regular Meeting1
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CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
MAY 16, 2006
STUDY SESSION: Mayor Herrera called the Study Session to
order at 5:55 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 Chang, Tanaka, Tye and Mayor Herrera.
Absent: Mayor Pro Tem Zirbes was excused.
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; Kim Crews, Human Resources Manager; Ryan McLean,
Senior Management Analyst, Linda Magnuson, Finance Director; Marsha Roa,
Public Information Manager; Susan Full, Senior Accountant; Ken Desforges, IS
Director; Dennis Tarango, Building Official and Tommye Cribbins, City Clerk.
► Discussion of City Manager's proposed 2006-07 Budget and Decision
Packets
1) DISCUSSION OF CITY MANAGER'S PROPOSED 2006-07 BUDGET
AND DECISION PACKETS
Fallowing discussion the Council decided not to use electronic fireworks
ignition for the July 4ffi show.
CSD/Rose reported on his adjusted budget of $125,575 less the $4,500
that was included for electronic fireworks ignition. The Sheriff's cost
comes from another budget. Tutoring (Page 102) is funded by U.S.
Department of Education grant funds. In addition, an item was added for
the "Armed Forces. Banner Program" approved by Council.
PWD/Liu pointed out that on Page 106, line 44000 of the 2005-06
adjusted budget was $196,959 and this year's budget is proposing only
$45,000. The Council advanced almost $163,000 for the Edison
underground improvements during this fiscal year. Also on Page 106,
Contract Services, line 45221, the amount has been reduced by almost
50% due to current staffing conditions. Also under Contract Services, line
45227 the $60,000 projected budget amount is totally offset by the
estimated $80,000 revenue anticipated next year for Target, Brookfield,
Crooked Creek Homes, possibly the Country Hills Towne Centre and
some of the projects in "The Country Estates."
MAY 16, 2006 PAGE 2 CC STUDY SESSION
Referring to Page 110, DPW/Liu explained that under Contract Services,
line 45000, there is no amount budgeted for next year. Under line 45223,
the proposed expenditure of $75,000 is totally offset by the revenue from
the earlier mentioned projects. On Page 113, line 45502, there is an
increase of about $50,000 due to the increased cost of materials and, staff
anticipates additional work during the next fiscal year. Line 45506 shows
a decrease of about 50% due to the addition of a new staff member,
Street Maintenance Worker II who, because of his experience, was able to
complete more work in-house.
PWD/Liu responded to C/Tye that the although the 25% increase in road
maintenance was minimal in light of escalating costs the reason was that
escalators were built into the original contract to reflect rapidly escalating
costs. The item includes filling potholes to localized R&R and sidewalk
repair work that staff performs throughout the City,
In response to M/Herrera, DPW/Liu elaborated that staff brought signing
and striping in-house this current fiscal year with Council's approval of a
position "Street Maintenance Worker Il."
CSD/Rose referred Council to pages 116 and 117. Line 45503 (Parkway
Maintenance) represented the City's contract with Lanterman; line 45508
— Vegetation Control is the MCE contract and the item has been expanded
to anticipate freeway on and off -ramp maintenance; line 45509 — Tree
Maintenance, projects a three-year grid trim cycle instead of a five-year
cycle; and, 45510, Tree Watering is for newly planted and newer trees.
CM/Lowry said that CSD/Rose felt the City would save money by moving
to a three-year grid trim cycle.
PWD/Liu explained the Capital Improvement Projects
CM/Lowry reported that today staff decided to re -budget Phase II of the
Grand Ave. Project with the expectation that the contract may not be let in
this current fiscal year. The capital improvement budget is increased.
However, it is realistic in accordance with what will happen and disallows
the availability of more discretionary funds from the current year. In short,
it provides a real picture for what will happen in the next fiscal year.
PWD/Liu explained that as of May 1, 2006 the Court determined that with
respect to the use of Federal funding during the bidding process,
jurisdiction would have to move from a "race -conscious program" to a
"race -mutual program." Thus, the plans and specifications had to be --
changed to accommodate the Court's decision. There are two specific
Federal fund grants for the Grand Ave. Project -- 1) Congressman Millers
$1 million annual appropriation and 2) Transportation Bill funds approved
earlier this year.
MAY 16, 2006 PAGE 3 CC STUDY SESSION
CM/Lowry explained the allocations for Area 2 and 3 slurry seal.
M/Herrera asked if the $650,000 and $750,000 allocations were sufficient
amounts of money to get the entire areas slurry sealed.
PWD/Liu responded that the amounts for slurry seals were sufficient
based on today's asphalt prices. However, if the project is delayed
beyond two months (next summer for Area 3) he said he could not
guarantee that $750,000 would be a realistic estimate for Phase III at that
time. However, he felt confident the City could stay within the proposed
budget of $650,000 for Area 2.
CM/Lowry explained that the inclusion of Arterial Slurry Seal is a new item.
The new budget contemplates about 3.5 miles of arterial slurry seal and
staffs intention would be to include a certain area in future budgets in
order to continue the investment in maintaining its progress including the
arterials.
PWD/Liu explained the delay in the Brea Canyon cutoff on-off ramp
project. Staff hopes that the signalization project can get underway soon.
C/Tye asked why the signal at this location would be $85,000 more than
the signal at Golden Springs Drive and Racquet Club.
PWD/Liu said he would check with the designer but his understanding was
that there was a lot more work involved in the design process for the new
signal.
CM/Lowry said that staff would bring back the decision packages for
discussion at a future study session.
MlHerrera wanted MPT/Zirbes to have an opportunity to participate in the
discussion.
Public Comments: None Offered.
ADJOURNMENT: With no further business to come before the City
Council, MlHerrera adjourned the Study Session at 6:33 p.m.
�Juw,, 0
Tommye Cribbins, City Clerk
MAY 16, 2006 PAGE 4 CC STUDY SESSION
The foregoing minutes are hereby approved this 6th day of ,June
2006.
&�4VVA,
CAROL HERRERA, Mayor
MAY 16, 2006 PAGE 5 CITY COUNCIL
5. SCHEDULE OF FUTURE EVENTS:
5.1 Neighborhood Traffic Management Program Meeting — May 17, 2006
— 7:00 p.m. (for neighborhoods of Bent Twig Ln. and Adel Ave.
/Gerndal St.) Room CC -6, AQMD/Government Center, 21865 Copley
Dr.
5.2 Planning Commission Meeting — May 23, 2006 — 7:00 p.m.,
Auditorium, AQMD/Government Center, 21865 Copley Dr.
5.3 Parks and Recreation Commission Meeting — May 25, 2006 — 7:00
p.m., Hearing Board Room, AQMD/Government Center, 21865
Copley Dr.
5.4 Memorial Holiday Observance — Monday, May 29, 2006 — City Offices
will be closed in observance of the Memorial Holiday. City Offices will
reopen Tuesday, May 30.
5.5 City Council Meeting — June 6, 2006 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
6. CONSENT CALENDAR: C/Chang moved, C/Tanaka seconded to approve
the Consent Calendar with the exception of Item 6.7. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Zirbes
6.1 APPROVED CITY COUNCIL MINUTES:
6. 1.1 Study Session of May 2, 2006 — as submitted.
6.1.2 Regular Meeting of May 2, 2006 — as submitted.
6.2 RATIFIED CHECK REGISTER — containing checks dated May 4,
2006 through May 11, 2006 totaling $1,073,626.11.
6.3 APPROVED CONTRACT AMENDMENT NO. 1 IN THE AMOUNT OF
$40,000 WITH NORRIS-REPKE FOR ENGINEERING SUPPORT
SERVICES FOR A TOTAL AUTHORIZATION AMOUNT OF $64,000.
6.4 ADOPTED RESOLUTION NO. 2006-41: DENYING A
MODIFICATION TO CONDITION NO. 5A (3) OF CONDITIONAL USE
PERMIT NO. 2004-01 (COUNTRY HILLS TOWNE CENTER)
ORIGINALLY APPROVED IN RESOLUTION NO. 2005-60.
MAY 16, 2006 PAGE 6 CITY COUNCIL
6.5 APPROVED LICENSE AGREEMENT WITH NEXTEL
COMMUNICATIONS TO DEVELOP A WIRELESS
COMMUNICATION SITE AT RONALD REAGAN PARK.
6.6 APPROVED LEGISLATIVE SUCOMMITTEE RECOMMENDATIONS:
(a) ADOPTED RESOLUTION NO. 2006-42 SUPPORTING SB 1431
(COX) — PERMITTING CITIES TO UTILIZE DESIGN -BUILD
CONTRACTS FOR PROJECTS COSTING $2.5 MILLION OR
GREATER UPON APPROVAL OF COUNCIL.
(b) ADOPTED RESOLUTION NO. 2006-43 OPPOSING SB 1777
(HOLLINGSWORTH) — REMOVES THE REVISION IN CURRENT
STATE LAW THAT FORCES DEVELOPERS TO SHOW A DENSITY
BONUS WAIVER IS NECESSARY TO MAKE UNITS
ECONOMICALLY FEASIBLE.
(c) ADOPTED RESOLUTION NO. 2006-44 OPPOSING SB 1404
(MACHADO) — REQUIRING CITIES TO PROVE STREET
SWEEPING OCCURRED ON THE DATE A RELATED PARKING
TICKET WAS ISSUED.
(d) ADOPTED RESOLUTION NO. 2006-45 OPPOSING SB 1778
(ALARCON) — AN ALMOST IDENTICAL MEASURE TO THE NOW
DEAD SB 411 (ALARCON) WHICH WOULD HAVE ELIMINATED
EXISTING DIVERSION CREDITS FOR SOURCE SEPARATED
GREENWASTE ALTERNATIVE DAILY COVER.
(e) APPROVE LETTER OPPOSING COPE — "THE
COMMUNICATIONS, OPPORTUNITY, PROMOTION, AND
ENHANCEMENT ACT OF 2006" (BARTON-TX) — IF PASSED, THE
BILL WOULD CREATE A NATIONAL FRANCHISE TO BE
OVERSEEN BY THE FCC FOR ALL VIDEO SERVICE PROVIDERS.
ITEMS WITHDRAWN FROM CONSENT CALENDAR:
6.7 (a) APPROPRIATE $412,173 FROM PROP C FUND RESERVE
TRANSFER TO THE CAPITAL IMPROVEMENT PROGRAM
BUDGET; APPROVE PLANS AND SPECIFICATIONS; AWARD
CONSTRUCTION CONTRACT IN THE AMOUNT OF $912,673 TO
MACADEE ELECTRICAL CONSTRUCTION; AND AUTHORIZE A
CONTINGENCY AMOUNT OF $90,000 FOR CONTRACT CHANGE
ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A
TOTAL AUTHORIZATION AMOUNT OF $1,002,673, FOR
CONSTRUCTION OF LEFT -TURN TRAFFIC SIGNALS AT BREA
CANYON ROAD/SILVER BULLET DRIVE; DIAMOND BAR
BOULEVARD/SHADOW CANYON DRIVE; DIAMOND BAR
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MAY 16, 2006
CLOSED SESSION: 5:00 p.m., Room CC -8
Public Comments:
► Government Code Section 54956.9(a) — Pending Litigation — 2 Cases.
(1) Diamond Bar v. Southern California Edison LACSCC No. BC351266
(2) Diamond Bar v. Ratan Hospitality LLC, LACSCC No. BC351925
STUDY SESSION: Mayor Herrera called the Study Session to order
at 5:55 p.m. in Room CC -8 of The Government Center/SCAQMD Auditorium, 21865
Copley Dr., Diamond Bar, CA.
► Discussion of City Manager's Proposed FY 2006-07 Budget and Decision
Packets
Public Comments:
M/Herrera adjourned the Study Session at 6:33 p.m. to the Regular City Council
Meeting.
CALL TO ORDER: Mayor Herrera called the Regular City Council
meeting to order at 6:47 p.m. in The Government CenterlSCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
M/Herrera reported that City Council began its evening with a Closed Session at
5:10 P.M.
CA/Jenkins reported that during the Closed Session there were no public comments
on the Agenda. The Closed Session consisted of discussion of two matters of
pending litigation. With respect to Diamond Bar v. Southern California Edisorithe
City Council had, in a previous Closed Session, authorized filing of the lawsuit
pertaining to the relocation of an Edison tower on Grand Avenue. Under the Brown
Act the City was entitled to file and serve that lawsuit which the City did and is now
publicly stating that the lawsuit was filed and served and will be prosecuted relative
to securing the costs from Edison for the relocation of the pole.
CA/Jenkins reported that Diamond Bar v. Ratan Hospitality represents a case filed
shortly after City Council's action on May 2, 2006 to modify the Conditional Use
Permit for the Restaurant known as Scribbles in order to seek an injunction from the
Courts to enforce the City Council's action modifying the permit to eliminate
entertainment from the Conditional Use Permit for the restaurant. The City Council
in Closed Session ratified the filing of that action and during the next few weeks the
parties will be preparing their papers for a Court Hearing on June 28 at which time
MAY 16, 2006 PAGE 2 CITY COUNCIL
the City will seek a preliminary injunction. In the meantime, under the normal
process the restaurant will continue to operate until the court appearance. City
Council's action was to ratify the filing of the case and to authorize proceeding
against the defendant to seek a preliminary injunction against the entertainment
activity on that property. No further action was taken and no further reporting is
required.
M/Herrera stated that during the Study Session Council received staffs report on
the proposed 2006-07 Budget and that the discussion would continue on June 6,
2006.
PLEDGE OF ALLEGIANCE: M/Herrera led the Pledge of Allegiance.
INVOCATION: MonsignorJames Loughnane, St. Denis Catholic
Church, led the Invocation.
ROLL CALL: Council Members Chang, Tanaka, Tye and Mayor
Herrera. Mayor Pro Tem Zirbes was excused.
M/Herrera reported that MPT/Zirbes returned to his home today following surgery in
Sacramento on May 4 and he expects to rejoin the Council on June 6. She wished
MPT/Zirbes a speedy and complete recovery.
Staff Present: 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; Kim Crews, Human Resources Manager; Ryan
McLean, Senior Management Analyst and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As presented
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 M/Herrera presented a Certificate Plaque to Los Angeles County Fire
Department Captain Claudio Medina. Chief Nieto was present.
1.2 C/Tanaka presented a Certificate to Senior Volunteer Nominee
Charlotte Sauter, Diamond Bar Senior Club; C/Chang presented a
Certificate to Senior Volunteer Nominee Botho Auyang, Evergreen
Senior Club for being nominated for the OlderAmericans Recognition
Award; and, C/Tye presented a Certificate in absentia to Senior
Volunteer Nominee Chih Chun Kau, Diamond Age Senior Club.
1.3 ACM/Doyle presented a conceptual animation video of the proposed
Diamond Bar Library that was originally formulated and presented as
part of the City's Bond application to the State. The grant application
proposed a 24,000 sq. ft. facility at the then estimated cost of
MAY 16, 2006 PAGE 3 CITY COUNCIL
approximately $10 million.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered.
3. PUBLIC COMMENTS: Steve Offing, 228 EI Vado Rd. said he had
lived in D.B. since 1999 and noticed that at the south end next to Rite-Aid an
Asian market was being constructed. He said he signed a petition to bring a
Trader Joes to town. He said he was concerned about traffic issues and said
he felt it would be undesirable for D.B. to have such a market. He and his
wife were concerned about the Asian market when they were promised a
Trader Joes. He said he had a City -owned tree in front of his yard and that it
was cracking the street and curb. He asked if the tree could be removed and
said he would be willing to purchase two new trees as replacements and
promised to make sure the roots would grow straight down rather than
spread out.
Marsha Hawkins thought she would be allowed to participate in the D.B.
Library video presentation tonight. She announced that the video would be
playing on Adelphia Channel 10 Monday through Thursday at 6:35 p.m. and
10:35 p.m., on Friday at 6:35 p.m. and Saturday and Sunday at 10:35 a.m.,
1:35 p.m. and 6:35 p.m. through the remainder of May. The City has spent
$1.2 million grading the library site, installing a parking lot and preparing the
site for a new library. At the grand opening of the Diamond Bar Center the
City collected letters from more than 2000 families and voters who want the
library. She said that copies of the letters were available at City Hall or
through the Friends of the Library. The 2005 Library Task Force agreed
unanimously that this issue would go on the ballot in 2005 and no later than
2006 and each of the City Council Members agreed during the last election
to let the voters decide. In a subsequent survey 75% of residents favored a
new library. By way of grants available from utility companies and individual
corporations as well as donations from the private sector she had reason to
believe there were funding mechanisms available that would prevent an
undue burden on the community. For every single community granted
funding from the last State bond there were five others competing which
indicated to her that libraries are not obsolete and are in fact, a burgeoning
source of state-of-the-art learning technology and resource centers. D.B.
does not deserve to fall behind its bordering communities as it is now doing.
D.B. deserves a new state-of-the-art learning and technology resource
center. She asked the City Council to place the matter on the November
ballot and let the people decide.
Steve Sustayta, 20819 Cliffside Ln., asked why a private home that was not
part of a gated community or condominium complex would need a
homeowners association because his homeowners association was fairly
non-responsive. The Association demands that the homes be painted a
certain way, tells property owners that the front of the homes have to be
designed a certain way and what to do with their properties. When
MAY 16, 2006 PAGE 4 CITY COUNCIL
homeowners submit plans to the architectural offices there are no return
telephone calls and no written confirmations.
M/Herrera asked the speaker to provide his name, address and telephone
number to staff.
4. RESPONSE TO PUBLIC COMMENTS: M/Herrera responded to Mr.
Otting that a couple of years ago she proposed a campaign to get Trader
Joes to locate a store iri D.B. The City collected 12-15,000 postcards and
gave them to Trader Joes. Although the City made a great effort to provide
adequate information and statistics on why Trader Joes would be successful
in D.B., the City was unable to convince them to locate here. Staff was very
disappointed. However, it is ultimately the decision of the business where to
locate.
CA/Jenkins responded to Mr. Otting that the Country Hills Towne Center is a
privately owned shopping center that is zoned Commercial. The City's
authority with respect to this shopping center is purely regulatory in terms of
the types of uses that can be established and operated within the center.
The City has absolutely no authority or control overwhich businesses go into
the center as long as they comply with the City's zoning. Shopping centers,
grocery stores, banks and all such uses are permitted. The shopping center
owner makes decisions about whom he wishes to lease to and it is not a
matter over which the City has any control or authority, it is a private decision
made in a private marketplace. The City's goal for the center is to assure
that it is an economically vital center that provides services to the community.
The business choices belong exclusively and solely to the shopping center
owner.
C/Tye asked that staff be directed to bring back a City Council agenda item
to consider putting the library issue to a vote in November. He agreed with
Marsha Hawkins that it was time to have people vote on the issue.
ACM/Doyle asked for clarification.
C/Tye said he would be interested in seeing a ballot initiative for the people
of D.B. to be able to vote "Yea" or Nay" on whether or not they want to
increase their taxes to build and operate a new library and he wanted to see
the costs to build and to operate the facility included in the initiative. There
was unanimous concurrence from the Council to place the matter on the
June 6th City Council agenda.
MAY 16, 2006 PAGE 5 CITY COUNCIL
5. SCHEDULE OF FUTURE EVENTS:
5.1 Neighborhood Traffic Management Program Meeting — May 17, 2006
— 7:00 p.m. (for neighborhoods of Bent Twig Ln. and Adel Ave.
/Gerndal St.) Room CC -6, AQMD/Government Center, 21865 Copley
Dr.
5.2 Planning Commission Meeting — May 23, 2006 — 7:00 p.m.,
Auditorium, AQMD/Government Center, 21865 Copley Dr.
5.3 Parks and Recreation Commission Meeting — May 25, 2006 — 7:00
p.m., Hearing Board Room, AQMD/Government Center, 21865
Copley Dr.
5.4 Memorial Holiday Observance — Monday, May 29, 2006 — City Offices
will be closed in observance of the Memorial Holiday. City Offices will
reopen Tuesday, May 30.
5.5 City Council Meeting — June 6, 2006 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
6. CONSENT CALENDAR: C/Chang moved, C/Tanaka seconded to approve
the Consent Calendar with the exception of Item 6.7. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Zirbes
6.1 APPROVED, CITY COUNCIL MINUTES:
6.1.1 Study Session of May 2, 2006 — as submitted.
6.1.2 Regular Meeting of May 2, 2006 — as submitted.
6.2 RATIFIED CHECK REGISTER — containing checks dated May 4,
2006 through May 11, 2006 totaling $1,073,626.11.
6.3 APPROVED CONTRACT AMENDMENT NO. 1 IN THE AMOUNT OF
$40,000 WITH NORRIS-REPKE FOR ENGINEERING SUPPORT
SERVICES FOR A TOTAL AUTHORIZATION AMOUNT OF $64,000.
6.4 ADOPTED RESOLUTION NO, 2006-41: DENYING A
MODIFICATION TO CONDITION NO. 5A (3) OF CONDITIONAL USE
PERMIT NO. 2004-01 (COUNTRY HILLS TOWNE CENTER)
ORIGINALLY APPROVED IN RESOLUTION NO. 2005-60.
MAY 16, 2006 PAGE 6 CITY COUNCIL
6.5 APPROVED LICENSE AGREEMENT WITH NEXTEL
COMMUNICATIONS TO DEVELOP A WIRELESS
COMMUNICATION SITE AT RONALD REAGAN PARK.
6.6 APPROVED LEGISLATIVE SUCOMMITTEE RECOMMENDATIONS:
(a) ADOPTED RESOLUTION NO. 2006-42 SUPPORTING SB 1431
(COX) — PERMITTING CITIES TO UTILIZE DESIGN -BUILD
CONTRACTS FOR PROJECTS COSTING $2.5 MILLION OR
GREATER UPON APPROVAL OF COUNCIL.
(b) ADOPTED RESOLUTION NO. 2006-43 OPPOSING SB 1777
(HOLLINGSWORTH) — REMOVES THE REVISION IN CURRENT
STATE LAW THAT FORCES DEVELOPERS TO SHOW A DENSITY
BONUS WAIVER IS NECESSARY TO MAKE UNITS
ECONOMICALLY FEASIBLE.
(c) ADOPTED RESOLUTION NO. 2006-44 OPPOSING SB 1404
(MACHADO) — REQUIRING CITIES TO PROVE STREET
SWEEPING OCCURRED ON THE DATE A RELATED PARKING
TICKET WAS ISSUED.
(d) AODOPTED RESOLUTION NO. 2006-45 OPPOSING SB 1778
(ALARCON) — AN ALMOST IDENTICAL MEASURE TO THE NOW
DEAD SB 411 (ALARCON) WHICH WOULD HAVE ELIMINATED
EXISTING DIVERSION CREDITS FOR SOURCE SEPARATED
GREENWASTE ALTERNATIVE DAILY COVER.
(e) ADOPTED RESOLUTION NO. 2006-46 OPPOSING COPE —
"THE COMMUNICATIONS, OPPORTUNITY, PROMOTION, AND
ENHANCEMENT ACT OF 2006" (BARTON-TX) — IF PASSED, THE
BILL WOULD CREATE A NATIONAL FRANCHISE TO BE
OVERSEEN BY THE FCC FOR ALL VIDEO SERVICE PROVIDERS.
ITEMS WITHDRAWN FROM CONSENT CALENDAR:
6.7 (a) APPROPRIATE $412,173 FROM PROP C FUND RESERVE
TRANSFER TO THE CAPITAL IMPROVEMENT PROGRAM
BUDGET; APPROVE PLANS AND SPECIFICATIONS; AWARD
CONSTRUCTION CONTRACT IN THE AMOUNT OF $912,673 TO
MACADEE ELECTRICAL CONSTRUCTION; AND AUTHORIZE A
CONTINGENCY AMOUNT OF $90,000 FOR CONTRACT CHANGE
ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A
TOTAL AUTHORIZATION AMOUNT OF $1,002,673, FOR
CONSTRUCTION OF LEFT -TURN TRAFFIC SIGNALS AT BREA
CANYON ROAD/SILVER BULLET DRIVE; DIAMOND BAR
BOULEVARD/SHADOW CANYON DRIVE; DIAMOND BAR
MAY 16, 2006 PAGE 7 CITY COUNCIL
BOULEVARD/MOUNTAIN LAUREL WAY; DIAMOND BAR
BOULEVARD/HIGHLAND VALLEY ROAD; DIAMOND BAR
BOULEVARD/GRAND AVENUE; AND GOLDEN SPRINGS
DRIVEIPROSPECTORS ROAD; AND, NEW TRAFFIC SIGNAL
INSTALLATION ON GRAND AVENUE AT CAHILL STREET AND AT
CLEGHORN DRIVE.
(b) APPROVE CONTRACT AMENDMENT WITH WARREN C.
SIECKE TRANSPORTATION AND TRAFFIC ENGINEERING FOR
CONSTRUCTION INSPECTION SERVICES IN THE AMOUNT OF
$72,000 PLUS A CONTINGENCY AMOUNT OF $8,000 FOR
CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER
FOR A TOTAL AUTHORIZATION AMOUNT OF $80,000 FOR THE
CONSTRUCTION OF LEFT -TURN TRAFFIC SIGNALS AT BREA
CANYON ROAD/SILVER BULLET DRIVE; DIAMOND BAR
BOULEVARD/SHADOW CANYON DRIVE; DIAMOND BAR
BOULEVARD/MOUNTAIN LAUREL WAY; DIAMOND BAR
BOULEVARD/HIGHLAND VALLEY ROAD; DIAMOND BAR
BOULEVARD/GRAND AVENUE; AND, GOLDEN SPRINGS
DRIVE/PROSPECTS ROAD; AND, NEW TRAFFIC SIGNAL
INSTALLATION ON GRAND AVENUE AT CAHILL STREET AND AT
CLEGHORN DRIVE.
C/Tye moved, C/Tanaka seconded to continue this item to June 6 to
allow for full Council Consideration when MPT/Zirbes is present.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPTIZirbes
7. PUBLIC HEARINGS:
7.1 ADOPT RESOLUTION NO. 2006 -XX: APPROVING TENTATIVE
PARCEL MAP NO. 061702 (TARGET DEVELOPMENT) FOR A
THREE -LOT SUBDIVISION LOCATED WEST OF GRAND AVENUE
AND SOUTH OF GOLDEN SPRINGS DRIVE (APN NOS. 8293-045-
006; 8293-045-007; 8293-045-008, AND 8293-045-009).
ICDD/Fong presented staff's report stating this was a proposal to
subdivide the parcel into three parcels with the large parcel for Target
and the two smaller parcels for future restaurant (corner of Grand
Ave. and Golden Springs Dr.) and retail/restaurant use between the
restaurant and Target use. The Planning Commission found the
Parcel Map to be in conformity with the City's Codes and
recommended City Council approval. ICDD/Fong recommended that
the City Council open the Public Hearing, receive testimony, close the
MAY 16, 2006 PAGE 8 CITY COUNCIL
Public Hearing and Adopt Resolution No. 2006-47.
M/Herrera opened the Public Hearing at 7:25 p.m.
With no one present who wished to speak on this item, M/Herrera
closed the Public Hearing at 7:26 p.m.
C/Chang moved, C/Tye seconded to adopt Resolution No. 2006-47
approving Tentative Parcel Map No. 061702 (Target Development) for
a three -lot subdivision located west of Grand Avenue and South of
Golden Springs Drive. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Zirbes
8. COUNCIL CONSIDERATION
8.1 (a) ADOPT RESOLUTION NO. 2006-48: RESCINDING
RESOLUTION NO. 93-66D AND ESTABLISHING THE PARK,
ATHLETIC FACILITY USE POLICIES AND PROCEDURES; SET
THE PUBLIC HEARING FOR CONSIDERATION OF PROPOSED
PARK FACILITY FEE INCREASES ON JUNE 6, 2006 AT 7:00 P.M.
CSD/Rose presented staff's report and the proposed Parks and
Recreation Commission's revised Facilities Use Policies and
Procedures document for consideration and approval. He stated that
the purpose of the review was to strengthen language that would
ensure preference to groups that have a majority of participants that
are D.B. residents. The Commission also reviewed the rewritten
policies for the Heritage Park Community Center and Pantera Park
Activity Room to be consistent with the policies for the Diamond Bar
Center. The last time fees and policies in this document were
evaluated was in 2002. The primary changes recommended by the
Parks and Recreation Commission include establishment of 60% as
the minimum of D.B. resident participants necessary to qualify as a
"D.B. based organization;" establishes a $25 fee for residence to
reserve the use of picnic facilities and increases the non-resident use
from $25 to $50; revises policies for use of Heritage and Pantera
Parks to be consistent with the Diamond Bar Center policies;
increases hourly rental rate for use of Heritage Park Community
Center Rooms A and B from $47.50 to $55 per hour for residents and
from $53.50 to $65 per hour for non-residents and increases the
hourly rental fee for use of the Pantera Park Activity Room from
$22.50 per hour to $30 per hour for residents and from $25.63 per
hour to $40 per hour for non-residents. The proposed increases
cannot be approved until a Public Hearing is held. If the City Council
MAY 16, 2006 PAGE 9 CITY COUNCIL
wishes to consider the fee increases a Public Hearing should be set
for Tuesday, June 6, 2006 at 7:00 p.m. The Parks and Recreation
Commission as well as staff recommend the City Council adopt
Resolution No. 2006-48 approving the revised rules and set the Public
Hearing.
C/Tye asked if the rates for non-residents were competitive with
surrounding cities.
CSD/Rose responded in the affirmative for the types of facilities
offered by the City.
CSD/Rose responded to M/Herrera that there was a separate
document for the use of the Diamond Bar Center.
There was no one present who wished to speak on this item.
C/Chang moved, C/Tanaka seconded to adopt Resolution No. 2006-
48: rescinding Resolution No. 93-66D and establishing the Park,
Athletic Facility Use Policies and Procedures and set the Public
Hearing for consideration of proposed Park Facility Fee Increases on
June 6, 2006 at 7:00 p.m. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Zirbes
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Tye congratulated Linda Carefoot, Maple Hill Elementary School Principal
and Jeri Mullen, Quail Summit Elementary School Principal on their schools
being named as California Distinguished Schools. On Friday night he
attended the Chaparral orchestra's performance at South Point Middle
School. The two orchestras were incredible. He congratulated Greg
Rochford because his Chaparral Middle School orchestra is again heading to
Carnegie Hall for their third or fourth performance. C/Tye said that he,
C/Tanaka and Chief Nieto enjoyed the fire safety performance last Saturday
at the Fire Station No. 118 in the City of Industry. He said he found the event
to be proof positive that tax dollars are hard at work for the safety of the
residents. Earlier this afternoon he met with MPT/Zirbes and found his
resolve to be incredible. His May 4 surgery went very well, he is recovering
' and thanked everyone for sending thoughts and prayers his way. C/Tye
wished everyone a safe and happy Memorial Day observance.
MAY 16, 2006 PAGE 10 CITY COUNCIL
C/Tanaka attended the 37th Annual Peace Officers Memorial Service
honoring six officers who lost their lives in the line of duty including D.B.
Deputy Jerry Ortiz; and attended the League of California Cities L.A. County
Division meeting on Thursday, May 4. On May 5 he attended Edison's first
Asian -Pacific American Heritage Month. One of the honorees was Dr. Sam
Lee, a retired Olympic diving coach and attended the D.B.H.S. Brahma
Foundation Casino Night on May 5 during which $130,000 was raised forthe
school. On Saturday May 6 he attended the Sheriff's Stations Open House;
the Pomona Unified School District appointed Interim Superintendent Terrell;
on Wednesday, May 10 he attended the Business Summit hosted bythe City
and the D.B. Chamber of Commerce; on Friday, May 12 he attended the
Quail Summit Elementary School fundraiser and carnival; on Friday May 12
the D.B4 Youth in Action held its first middle school dance with about 100
middle school students in attendance. On Monday May 15 he attended the
San Gabriel Valley Economic Partnership sponsored luncheon honoring
Congresswoman Hilda Solis. This afternoon he attended the PUSD
Community Service Awards honoring school partners. He wished
MPT/Zirbes a speedy recovery.
C/Chang spoke about the Neighborhood Traffic meetings hosted by the
City's Public Works staff. Sometimes a fair number of residents attend and
sometimes there are very few residents in attendance. Regardless, staff
does not lose its enthusiasm for the meetings that focus on learning what
can be done to improve the traffic throughout the City. He felt it was a great
program and he tried to always attend the meetings. He encouraged
residents to participate and said that many problem areas have been
approved for mitigation based on input from residents.
He said the D.B.H.S. Brahma Foundation's Casino Night was a great event
that highlighted the wonderful fundraising efforts of the parents. He attended
Mother's Day events at the Senior Club and in the Asian community. He was
invited to judge an English speech contest for immigrants 60 years of age
and older and said the contestants displayed great courage. He praised the
Chamber and City for cooperating in an economic development venture for
the City.
M/Herrera spoke about the Transportation Economic Development Summit
sponsored by the Chamber of Commerce which included a bus tour with
ACM/Doyle pointing out all of the important locations and opportunities within
the City of D.B. Many real estate people attended and were interested in the
various projects moving forward in D.B. The Chamber representation that
included membership from D.B., Walnut and Rowland Heights was moving
forward with plans for next year's event to attract developers to invest in D.B.
The Chamber's goal is to strengthen its current businesses in order to
provide great revenues to the City that can be spent on services for the
residents. MlHerrera said that it would be very important for the City in the
next couple of years to be very diligent about bringing in new businesses and
at least another million dollars in tax revenues to pay for services the
MAY 16, 2006 PAGE 11 CITY COUNCIL
community seeks including a new library, sports complex and other facilities
that will require ongoing maintenance funding. The City Council needs to
decide how the City will pay for all of these services and economic
development is essential to that effort. The City appreciates the efforts and
participation of the Chamber of Commerce. Council and staff is putting
together next year's budget and she assured the residents that it would be a
balanced budget. Unlike some neighboring cities D.B. will not dip into its
reserves to pay for ongoing costs and will not make budget cuts. D.B. is
very, very fortunate to have enjoyed prudent management over the years.
She welcomed MPTIZirbes back to D.B. and said she was very pleased that
he was able to fly home. She said the Council looked forward to his
participation at the June 6 Council meeting.
ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the
regular City Council meeting at 7:50 p.m.
Tommye dribbins, CITY CLERK
The foregoing minutes are hereby approved this 6}h day of �l1nP , 2006.
CAROL HERRERA, MAYOR
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