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HomeMy WebLinkAbout6/30/2006 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 30, 2006 CALL TO ORDER: Mayor Herrera called the Adjourned Regular City Council meeting to order at 10:10 a.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. M/Herrera reported that today's meeting began at 9:00 a.m. with a Closed Session to discuss public employment of the City Manager. She stated that City Manager Linda Lowry announced her resignation and employment in another City to the City Council on June 20 to be effective July 20, 2006. The City Council discussed options for filling the vacancy and agreed that the City Council would begin negotiations with an individual who was not currently employed by the City of Diamond Bar. The City Council will hold a Special Meeting on July 10, 2006 at 9:00 a.m. to take action on the individual's proposed contract. PLEDGE OF ALLEGIANCE: M/Herrera led the Pledge of Allegiance. INVOCATION: None Offered. ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes and Mayor Herrera. Staff Present: CM/Lowry, City Manager; David Doyle, Assistant City Manager; Carl Berger, Assistant City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Nancy Fong, Community Development Director; Kim Crews, Human Resources Manager; Ken Desforges, IS Director; and Ryan McLean, Senior Management Analyst. 1. PUBLIC COMMENTS: Jerry Hamilton wanted the Council, staff and residents to knowwhy he would vote "no" on the library issue and would work to defeat the bond issue. He felt the City had not given full disclosure because the property at Summitridge Park on which the proposed facility would rest was not, in his opinion, sound. There is land slippage at the trailhead. When the Diamond Bar Center was built the Geologist said there would be no problem and everyone knows that D.B. has slippage. He showed photographs of the area and said the area was beginning to look like a waterfall. He said he was afraid to be in the area because the dirt is piling up and there is a depression in the hillside and the area near the Diamond Bar Center has begun to slip and other areas such as the monument the City built to honor veterans has slippage. He feared that when the area filled with water the entire hillside would erode. He said that if the City's Engineer and staff would assure him that the hillside was safe he would not protest the library issue. JUNE 30, 2006 PAGE 2 CITY COUNCIL Audrey Hamilton said she too would not vote for the Library Bond Issue under the present circumstances because it is inequitable for the single- family homeowners. The expense of the library should be borne by all D.B. residents. The formula is skewed because in her opinion there are as many or more children living in condominium and manufactured homes and everyone should pay the same amount. 2. RESPONSE TO PUBLIC COMMENTS: ACWDoyle responded to Mr. Hamilton that the City is aware of the slippage and has applied for and received a FEMA grant to rebuild the hillside at Summitridge Park. The reconstruction and re -certification work is scheduled to commence about September 2006. 3. CONSENT CALENDAR: 3.1 APPROVE AN AMENDMENT TO THE AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES WITH REPUBLIC ELECTRIC TO EXTEND THE TERM BY 24 MONTHS AND INCLUDE A $2.00 CPI HOURLY RATE ADJUSTMENT ANTICIPATING A MONTHLY COST OF $15,000. C/Chang moved, MPTIZirbes seconded to approve an Amendment to the Agreement for Traffic Signal Maintenance Services with Republic Electric to extend the term by 24 months and include a $2.00 CPI hourly rate adjustment anticipating a monthly cost of $15,000. 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 4. COUNCIL CONSIDERATION: 4.1 (a) ADOPT RESOLUTION NO. 2006-61: DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2006-01 OF THE CITY OF DIAMOND BAR (DIAMOND BAR LIBRARY), AND TO SUBMIT TO THE VOTERS THE AUTHORIZATION OF THE LEVY OF SPECIAL TAXES TO PAY THE COSTS OF THE LEVY OF SPECIAL TAXES TO PAY THE COSTS OF ACQUIRING, CONSTRUCTING AND MAINTAINING A MUNICIPAL LIBRARY AND TO FINANCE EXPENSES OF THE DISTRICT AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS. JUNE 30, 2006 PAGE 3 CITY COUNCIL (b) ADOPT RESOLUTION NO. 2006-62: RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT NO. 2006-1 OF THE CITY OF DIAMOND 13AR (DIAMOND BAR LIBRARY) SUBJECT TO A VOTE OF THE PEOPLE. ACM/Doyle stated that today's meeting was scheduled due to the timeline forgetting the bond issue on the November ballot. This item must be adopted by the City Council prior to August 11, 2006 and due to the number of items and preparation to meet the timeline it was not feasible to have the information prepared by the June 20 meeting. Today's meeting allows for the 30 -day period .between adoption of these items and the meeting of August 1 at which time the Council would consider placing this matter on the November ballot. Brian Forbath, Stradling Yocca explained that the Resolutions before Council today state the intent of the City to form a Community Facilities District and to levy a special tax within that District sufficient to pay for bonded indebtedness and services to benefit and construct a library. The Resolution of Necessity incurs bonded Indebtedness that puts the public on notice that should the District be formed it is the City's intention to place the matter on the ballot as to whether to issue bonds in an amount not -to -exceed $13.1 million to be used to finance the Library. In taking these steps this morning the City Council will be setting a Public Hearing to fully air the matter in public on August 1, 2006. Adopting these Resolutions today in no way binds the City Council to move forward with the formation of the District. On August 1, the City Council will be asked to adopt Resolutions formally establishing the District and submit a ballot proposition to the voters. Chris Fischer, MuniFinancial explained that the rate and method of the apportionment document defines the parameters for levying the special tax. Currently on the table is a tax on single-family, multi- family, commercial and industrial property. Tax rates were developed using data involving comprehensive property information from the County as well as data regarding the appropriate uses and types of property within the City. In addition, MuniFinancial gathered census information from the State and County and employment data in order to determine: density factors for the different types of properties. The tax is assigned on a per unit basis for each multi -unit development resulting in a proposed multi -family tax of $44.50 per unit. A 10 -unit development for example, would pay $445. Commercial and Industrial rates were determined using a per-acre/square foot of user - density. The proposed rates will provide sufficient revenue for repayment of debt service on the bonds that would be issued to provide for construction and $500,000 per year for ongoing maintenance and services for the Library in perpetuity. The maintenance portion includes an escalator to allow for increasing JUNE 30, 2006 PAGE 4 CITY COUNCIL costs for maintaining the Library. Mr. Fischer stated that once adopted, the rate and method and the Resolution of Intention would become part of the record. Upon approval of the Resolutions MuniFinancial will record a diagram with the County laying out the boundaries of the District giving notice that the Community Facilities District is in the process of being formed. Mr. Fischer explained the multiple unit rate formula to CITye using Table 1. MPTIZirbes asked if the boundary map could be expanded if the City were to annex additional properties. ACM/Doyle responded that part of the annexation process would be to include those properties under the District. MlHerrera asked for public comment. Kathleen Newe, Phillips Ranch, said that while she was a long-time resident of D.B. she was involved in many local issues including the Library and supports construction of the new Library. She offered a document containing words of support and information from Paul Kiddle, Mt. SAC Librarian. Kathleen Newe said that she and her husband pay a significant amount of taxes for their D.B. based business and remain vested in the community. C1Chang moved, C/Tanaka seconded to adopt Resolution No. 2006- 61: Declaring the Intention to Establish Community Facilities District No. 2006-1 of the City of Diamond Bar (Diamond Bar Library), and to submit to the voters the Authorization of Levy of Special Taxes to pay the costs of acquiring, constructing and maintaining a municipal library and to finance expenses of the District to pay debt service on bonded indebtedness. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPTIZirbes, MlHerrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None C/Tanaka moved, CITye seconded to adopt Resolution 2006-62: Resolution of Intention to incur bonded indebtedness within the Community Facilities District No. 2006-1 of the City of Diamond Bar (Diamond Bar Library) subject to a vote of the people. Motion carried by the following Roll Call vote: JUNE 30, 2006 PAGE 5 CITY COUNCIL AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 4.2 APPROVAL. OF LORBEER FIELD IMPROVEMENT (CONSTRUCTION VALUE OF $750,000) AND USE AGREEMENT, WHICH INCLUDES MAINTENANCE, SECURITY AND OTHER COSTS. CM/Lowry explained that in spite of efforts by CSD/Rose to conclude this matter in time for Council consideration this morning the item will be continued to the July 18, 2006 meeting for formal approval. CSD/Rose stated that if the City Council supports the improvement and maintenance program being negotiated with PUSD for the improvement and maintenance of fields at Lorbeer Middle School staff would need an additional three weeks or so to begin the interim maintenance program scheduled to commence on July 26, 2006 and to conclude negotiations with PUSD by September. CSD/Rose reported that staff has been meeting with School District Officials since March 2006 and the agreement is nearing the final stages. Section 9.2 requires a termination option for the City that is similar to the option included in Section 9.1 and the final wording is imminent. Legal Counsel for the City and the School District are rewriting Section 11 and staff believes the document revisions will be concluded in time for the July 18 City Council agenda. The program contemplated in the Draft Agreement includes renovation, annual maintenance, ongoing maintenance and facility supervision of the Lorbeer site. CSD/Rose further stated that the cost for the major portion of the project (renovation) is included in the current fiscal year budget under Park Development Funds. When the item is presented to the City Council the request would include an appropriation of $45,000 for renovation. The ongoing maintenance of approximately $45,000 would include maintaining the football field and restrooms in a manner similar to how other City parks are maintained. In addition, there was a strong recommendation from the PUSD staff that there be facilities supervised by D.B. staff during community group use and the cost for the supervision is about $31,000 per year for part time staff. Staff intends to have the part time staff member visit other park sites in the community to provide similar site monitoring. The total cost in the 2006107 Budget is $879,500, $795,000 of which would come from Park Development Funds with the remainder coming from the City's General Fund ($84,500). The proposed costs are comparable to what the City pays for maintenance costs at a typical City Park. JUNE 30, 2006 PAGE 6 CITY COUNCIL C/Tye asked if the renovation could be accomplished in 60 days. CSD/Rose responded that 60 days was feasible as long as staff had all of the pieces in place. For example, a separate water meterforthe slope and football field would need to be installed before Summer. The plans and specs and award of contract would have to be in place so that the notice to proceed to the Contractor would state that the day after school closed the project would commence. Staff researched artificial turf and found that there were no quantifiable statistics about injuries suffered on artificial turf versus natural turf. PUSD said they would not be interested in having artificial turf until the issue was resolved and the Parks and Recreation Commission agreed. CSD/Rose explained to C/Tye that the City would be reimbursed over the first 10 -year period for value of the lights ($21,000 per year). The overall view of improvements to the field is that since the lights were installed at Lorbeer, the football field has consistently deteriorated over time and the extensive use of the field exceeds the PUSD maintenance capacity. Thus, staff feels an obligation to remedy the situation and return the field to the condition that it enjoyed prior to the installation of the lights. CSD/Rose responded to C/Tye that it was reasonable to close the field during refurbishment and that fields are closed during refurbishment of City parks. C/Tanaka congratulated CSD/Rose and staff for bringing this matter to a reasonable conclusion. M/Herrera asked for public comments. There was no one present who wished to speak on this item. MPT/Zirbes moved, C/Tye seconded to approve concept of the Lorbeer Field Improvement (Construction Value of $750,000) and Use Agreement, which includes Maintenance, Security and Other Costs. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera None None 1 1 1 JUNE 30, 2006 PAGE 7 ADJOURNMENT: With no further business adjourned the regular City Council meeting at 11: Council meeting of July 18, 2006. CITY COUNCIL to conduct, M/Herrera 00 a.m. to the Regular City LINDA C. LOWRY, C)TAO CLERK The foregoing minutes are hereby approved this 18t -iday of , 2006. CAROL HERRERA, MAYOR