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HomeMy WebLinkAbout7/18/2006 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION JULY 18, 2006 STUDY SESSION: Mayor Herrera called the Study Session to order at 5:35 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, Mayor Pro Tem Zirbes and Mayor Herrera. Also Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; Nancy Fong, Community Development Director; Ken Desforges, IS Director; Naim Crews, Human Resources Manager; Ryan McLean, Senior Management Analyst, Rick Yee, Senior Engineer; Kimberly Molina, Assoc. Engineer and Tornmye Cribbins, City Clerk. ► City Council Goals Update ► Community Organization Fund 1) COMMUNITY ORGANIZATION FUND CM/Lowry updated the Council on the Community Organization Fund. She reported that CC/Cribbins sent reminders to the various groups that they had unused allocations. CM/Lowry asked Council to advise staff whether they wished to roll similar allocations forward into next year or amend the current allocations. M/Herrera said she was inclined to continue with the current allocations to the various organizations. MPT/Zirbes was surprised that some of the organizations had requested funds and not utilized them. M/Herrera stated that Sister City had repeatedly requested funds and that the group had submitted documentation to resolve a discrepancy in the fund documents. C/Tye asked if an amount was deducted from the "Friends" allocation for the cost of putting up banners. CSD/Rose responded that the cost of the banners was not part of the contribution. C/Tye remembered that the cost was $760 and felt it should be moved from "unpaid" to "utilized otherwise." JULY 18, 2006 PAGE 2 CC STUDY SESSION CSD/Rose said he would verify the item. C/Chang felt that Sister City didn't do anything for D.B. and that the allocation should be eliminated unless the organization could come up with good cause for the allocation. He suggested that the unused funds be available for requests by students and others that are attending certain events. C/Tye recalled that C/Chang was instrumental in setting up the Sister City relationship and believed the allocation was to support the premise and not necessarily requiring that the money be spent in D.B. MPT/Zirbes recommended rolling the $20,000 back in to provide a "pool" of funds for any organization that might come forward requesting funds during the year. M/Herrera reminded Council that the Finance Committee no longer exists and since there is no committee that meets on a regular basis to discuss finances it has become somewhat automatic for the organizations to receive funds as previously designated. She said she was not in favor of providing money to individuals for trips, for example because this is a -- community organization support fund. She agreed with setting the $20,000 aside and when requests were received the Council could discuss the item during a study. session. C/Chang said that in some instances individuals representing schools and/or organizations might be sent to Carnegie Hall, for example, as the representatives of the school or organization and for this reason he felt that each request should be discussed on its merit. CM/Lowry confirmed that the $19,725 would be a good starting point for the allocation based on the previous year and whatever was left would be added into the balance and be available for 2006/07. 2) CITY COUNCIL GOALS UPDATE Council concurred to re-insert "Pursue a bypass road through Tonner Canyon" under Transportation issues. Economic Development 1) Kmart - ACM/Doyle reported that Kosmont met with Mr. Gabay last week. He is reorganizing his team and intends to proceed with a financial and tax analysis as well as look at parking issues. Mr. Gabay will then bring a proposed project to staff in about 60 days. 2) Economic Development - On track JULY 18, 2006 PAGE 3 CC STUDY SESSION 3) Golf Course - The Reed property (160 -acres) is in escrow and staff is looking at alternative designs for pulling in another 100 acres or bleeding into property owned by the City of Industry. Staff has received positive input from the County Council, County Parks and Recreation and County Supervisor's Office. Staff has engaged the services of Charles Pigg to provide land use designations and conceptual design as the property exists. 4) Site D - ACM/Doyle stated that staff received a proposal from a consultant who has worked with the School District for many years on a number of their properties including Site D. Staff intends to discuss the proposal with the consultant tomorrow and staff has put together an agreement for the City to pay for a Specific Plan study (Land Use and EIR). 5) City's Website to Include Retail Centers - CM/Lowry said that staff did not have adequate data to proceed. CM/Doyle stated that in addition, there was insufficient staff time to manage, update, monitor and maintain such information. However, the Chamber would be in a better position to monitor the information and staff is attempting to form a partnership with them to create the website and update the information on a regular basis. Staff is waiting for the Chamber to bring a proposal forward so that it can be brought before the Council. 6) Dynamic Center - Staff interpreted this goal to be in conjunction with the golf course project. 7) Business to Business Marketing - CM/Lowry explained that this was another goal that was referred to the Chamber for handling through their website. Transportation 1) Signal Interconnect - CM/Lowry stated that money was appropriated for this project and that this item is on tonight's agenda for Council consideration. 2) 60 Freeway Truck Lanes - M/Herrera reported that SCAG sees their plan of moving truck traffic from the 710 to a double -deck of the SR60 as the solution for movement of goods and the proposal includes the elimination of houses in D.B. For this reason she continues to involve herself in committees to track the plan. 3) Lemon Avenue Off -Ramp Project - CM/Lowry said the project is progressing and staff is working with the City of Industry staff and JULY 18, 2006 PAGE 4 CC STUDY SESSION MTA to make certain that the process would involve all interested jurisdictions. She believed that there would be three options brought forward for the Council's review. 4) 57/60 Long-term Fix - CM/Lowry reported that the feasibility study is underway and completion is expected for next summer. 5) ACE - CM/Lowry reported that the Brea Canyon Road project is underway. 6) Parking Ordinance - CM/Lowry stated that this issue would come back to the Council for consideration in October. Other Issues: 1) Library Bond Application —(see "Build a Library") 2) Pursue purchase of Lots 1 and 61 - CM/Lowry reported that staff awaits acceptance of the City's purchase offer. 3) Expand Sphere of Influence - ACM/Doyle is proceeding with the annexation process. 4) Build a Library — moving toward placement of the measure on the November 7 ballot. 5) Development in Sphere of Influence areas - Staff continues to monitor Tres Hermanos and Tonner Canyon areas and work closely with AERA energy for annexation. 6) Joint Facilities Use with PUSD & WVUSD - CSD/Rose reported that shortly after 5:00 p.m. today PUSD and the City reached agreement on language for the Lorbeer facilities renovation and staff would like the Council's permission to walk the matter on to tonight's agenda for approval. PUSD has placed the matter on its agenda for July 25. M/Herrera asked that a request to add the item to the agenda be made at the dais during Approval of Agenda. 7) Community Wireless Internet Service - IS/Desforges reported that James Granelli, LA Times Business Editor, would be running a series of articles on the City's issues with Edison referencing other Southern California Cities that have had similar experiences. The City has contracted with Integral Realty Resources to do an appraisal of the mounting asset rights. 1 JULY 18, 2006 PAGE 5 CC STUDY SESSION CM/Doyle responded to MPT/Zirbes that Edison was not forthcoming about what the mounting costs might be and said that the cost could be within the range of five cents to $1,000 per pole. The system would involve 350 to 450 poles of the approximate 5500 poles in the City. C/Chang believed this was a good tool for economic development and suggested that M/Herrera place a call to Edison to invite them to meet with the City Council and come to a mutual agreement. 8) Golden Springs & Calbourne Property - CM/Lowry said she spoke with Industry's City Manager and shared with him that M/Herrera had spoken with the Industry Mayor who indicated he was amenable to discussing the possible sale of the property to D.B. M/Herrera said she would pursue the matter. 9) Youth Master Plan - CM/Lowry stated that the youth and adults continue their monthly interface and the project is moving forward. 10) Trails Master Plan - CM/Lowry reported that Sycamore Canyon Phase II construction was scheduled in this year's budget. 11) Master Sign Program - CM/Lowry said that branding efforts continue. 12) Library Enhancements — incorporated in Item 1 — Other Issues. 13) Tree Replacement Program - considerable discussion and the public process. CM/Lowry said this topic required Council might wish to incorporate a 14) Town Forums - CM/Lowry reported that the primary emphasis has been on the NTMP program and that the last public meeting concerned the Industry project. 15) Larkstone Park - CM/Lowry stated that ACM/Doyle met with the School District today. Staff is up to date on the process and it now depends on whether the JCC project moves forward. It appears that the School District is not interested in an agreement with the City regarding Sandstone Canyon. Herrera stated that acquisition and pursuit of Sandstone Canyon was important to the Council. ACM/Doyle said that he and CA/Jenkins did their best to promote the Council's wishes during today's meeting. JULY 18, 2006 PAGE 6 CC STUDY SESSION 16) Zip Code Issue - ACM/Doyle stated that staff is appropriating resources to continue pursuit of the effort to reach a favorable conclusion. 17) DBTV - CM/Lowry reported that the Adelphia settlement monies would be used to expand the programming. 18) Public Works Yard - CM/Lowry stated that staff was pursuing purchase of property that may become available as a result of the Brea Canyon Grade Separation project. 19) Preserve Windmill - CM/Lowry reported that staff would present Council with options during tonight's meeting. Public Comments: None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Herrera adjourned the Study Session at 6:25 p.m. Tommye Cribbins, City Clerk The foregoing minutes are hereby approved this 1st day of August , 2006. W4AAd� CAROL HERRERA, Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JULY 18, 2006 CLOSED SESSION: None STUDY SESSION: 5:35 p.m. — Room CC -8 ► City Council Goals Update ► Community Organization Fund CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:33 p.m.- in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. M/Herrera reported that Council began the evening with a Study Session to receive an update and discuss the status of its goals. Council also discussed the Community Organization Fund established to support various community organizations. PLEDGE OF ALLEGIANCE: M/Herrera led the Pledge of Allegiance. INVOCATION: Ahmad H. Sakr, Ph.D., Islamic Education Center, gave the Invocation. 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; Michael ,Jenkins, City Attorney; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Nancy Fong, Community Development Director; Kim Crews, Human Resources Manager; Rick Yee, Senior Engineer; Ryan McLean, Senior Management Analyst and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: CM/Lowry requested that two items be added to tonight's agenda for consideration: Item 6.18 a) Agreement with PUSD for field improvements to Lorbeer Middle School and 6.18 b) Request to Amend the Vendor Services Contract with Valleycrest for additional services to be performed at Lorbeer Middle School. These items require a 4/5 majority Council vote to be placed on the agenda. MPT/Zirbes moved, C/Tye seconded to add Consent Calendar Items 6.18 a) and b) as recommended by staff. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang,Tanaka,Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JULY 18, 2006 PAGE 2 CITY COUNCIL 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: BUSINESS OF THE MONTH: 1.2 M/Herrera presented a City Tile to David Peh, co-owner of Color Marble as Business of the Month for July 2006 and displayed the Business of the Month slide presentation. SPECIAL PRESENTATION: 1.3 M/Herrera presented a City Tile to outgoing Linda Lowry, City Manager; as well as Battalion Chief DeFina and members of Fire Station 120 and Nef Cortez with the new Regional Chamber of Commerce of San Gabriel Valley. Council Members offered their comments about CM/Lowry's distinguished career with the City of D.B. 1.4 C/Tye presented Parks and Recreation Commission Chairman David Grudy with a Proclamation proclaiming July 2006 as Parks and Recreation Month. 1.1 M/Herrera introduced Dr. Thelma Melendez, Pomona Unified School District Superintendent. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3, PUBLIC COMMENTS: Eileen Ansari,1823 Cliffbranch Dr. thanked CM/Lowry for her five plus years of service to D.B. She said she would have preferred to have an open process for selecting a new City Manager and that there is discussion regarding salary. Sherman Griffone, Friends of the Library, said he and his friends appreciated the excellent July 4th Celebration provided by the City Council and staff under the guidance of CSD/Rose. He thanked the Council for placing the library issue on the November ballot. Sophia Chung, representing Center for Kids asked for the community's support and participation in the Macy's fundraiser to help provide a home for homeless children. The fundraiser will be held at South Coast Plaza and tickets are $10 with 100% set aside to purchase a van to transport the youth to events. Anyone who is interested may call 909-594-0855. Marie Buckland said she was disappointed about how Council chose a new City Manager and felt the selection process should have been open to others who might wish to apply for the position. JULY 18, 2006 PAGE 3 CITY COUNCIL Rick Rogers thanked CM/Lowry for her service to D.B. He said that her new position was further recognition of her exceptional skills and abilities and the great job she has done for the City of D.B. Clyde Hennessee said he was opposed to a tax levy for a new library. 4. RESPONSE TO PUBLIC COMMENTS: MPT/Zirbes responded to speakers who were not present at previous meetings that the Council discussed whether to spend $40,000 or more engaging a search firm to assist the City in the selection of a new City Manager. The Council had a solid candidate in mind and the decision to proceed with the selection process was a 4-1 vote. Jim DeStefano's contract was approved by a 5-0 vote of the Council. M/Herrera stated that CM/Lowry tendered her resignation following conclusion of the June 20 City Council meeting and begins her new job with the City of Pomona on July 20, On June 30 Council deliberated the process and on July 10 approved the contract with Jim DeStefano who will be the new City Manager as of July 31. The contract was approved by a 5-0 vote. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park (Upstream (Caribbean)— July 19, 2006 — 6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.2 Planning Commission Meeting — July 25, 2006 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.3 Concerts in the Park (Fenians (Irish Dance) — July 26, 2006 — 6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.4 Parks and Recreation Commission Meeting — July 27, 2006 -7:00 p.m., Board Hearing Room, AQMD/Government Center, 21865 Copley Dr. 5.5 City Council Meeting — August 1, 2006 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.6 Concerts in the Park (Cold Duck — (70's -top 40) — August 2, 2006, Sycamore Canyon Park, 22930 Golden Spgs. Dr. JULY 18, 2006 PAGE 4 CITY COUNCIL 6. CONSENT CALENDAR: MPT/Zirbes moved, C/Tye seconded to approve the Consent Calendar with the exception of Items 6.7, 6.8, 6.10 and 6.13. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Regular Meeting of June 20, 2006 — as submitted. 6.1.2 Adjourned Regular Meeting of June 30, 2006 — as submitted. 6.1.3 Special Meeting of July 10, 2006 — as submitted. 6.2 PLANNING COMMISSION MINUTES — Regular Meeting of June 13, 2006 — Received and filed. 6.3 PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of May 25, 2006 — Received and Filed. 6.4 RATIFIED CHECK REGISTER — containing checks dated June 16, 2006 through July 13, 2006 totaling $2,241,711.11. 6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT — Month of May 2006. 6.6 REJECTED CLAIMS: 6.6.1 Filed by Barbara Zelmanski-Ramio on June 7, 2006. 6.6.2 Filed by Mary Lou Zelmanski on June 7, 2006. 6.6.3 Filed by Bernard Zelmanski on June 7, 2006. 6.6.4 Filed by Stephanie Orbegoso on June 8, 2006. 6.6.5 Filed by Carmen Mexia on June 22, 2006. 6.6.6 Filed by Thomas Saglime on June 19, 2006. 6.6.7 Filed by Bryan E. Wong on June 23, 2006. 6.9 APROPRIATED $49,770 OF GENERAL FUND BALANCE RESERVE TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FY 2006/07 AND APPROVED AMENDMENT NO. 3 TO THE CONTRACT WITH DMS CONSULTANTS, INC. (DMS) FOR GRAND AVENUE STREET IMPROVEMENTS (BEAUTIFICATION/BETTERMENT) PROJECT PHASE 1. JULY 18, 2006 PAGE 5 CITY COUNCIL 6.11 APPROVED AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA CONSULTING IN AN AMOUNT NOT TO EXCEED $356,950 FOR IMPLEMENTATION OF THE MITIGATION MONITORING AND PLANNING PROGRAM FOR APPROVED TENTATIVE TRACT MAP NO. 53430 MILLENNIUM/STANLEY CHEUNG PROJECT. 6.12 APPROVED COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY FOR PROCUREMENT OF THE TRAFFIC SIGNAL CONTROL SYSTEM FOR THE POMONA VALLEY INTELLIGENT TRANSPORTATION SYSTEM (PVITS). 6.14 APPROVED AN INCREASE IN THE AMOUNT OF $7,000 FOR CITY PROSECUTOR SERVICES WITH DAPEER, ROSENBLIT & LITVAK, LLP FOR A, TOTAL AMOUNT OF $32,000 FOR FY 2005/06. 6.15 ADOPTED RESOLUTION NO. 2006-64: APPROVING TWO UNION PACIFIC RAILROAD CROSSING AGREEMENTS FOR THE ALAMEDA CORRIDOR -EAST CONSTRUCTION AUTHORITY BREA CANYON ROAD GRADE SEPARATION PROJECT FOLDER NUMBER 2'353-42 AND 2353-48. 6.16 AUTHORIZED THE CITY MANAGER TO PURCHASE ONE COLOR COPIER FROM CONTRACT OFFICE SOLUTIONS IN AN AMOUNT NOT TO EXCEED $28,000. 6.17 APPROVED INTERIM CITY MANAGER AGREEMENT WITH DAVID DOYLE FOR INTERIM CITY MANAGER SERVICES FROM JULY 20, 2006 THROUGH JULY 30, 2006. 6.18 a) APPROVED AGREEMENT WITH PUSD TO CONSTRUCT IMPROVEMENTS AT LORBEER MIDDLE SCHOOL TO OPERATE AND MAINTAIN THOSE IMPROVEMENTS AND TO SUPERVISE THE FACILITY DURING COMMUNITY YOUTH. b) APPROVED AMENDMENT NO. 6 TO REVISE THE VENDOR SERVICES CONTRACT WITH VALLEY CREST LANDSCAPE MAINTENANCE TO ADD LORBEER MIDDLE SCHOOL TO THE CONTRACT FOR THE TERM OF JULY 1, 2006 THROUGH JUNE 30, 2007 IN THE AMOUNT OF $45,000 PLUS $45,000 TO REFURBISH THE FOOTBALL FIELD, TRACK AND UPPER FIELD FOR A TOTAL AMENDMENT AMOUNT OF $90,000 THEREBY INCREASING THE TOTAL CONTRACT AUTHORIZATION FOR FY ' 2006/07 TO AN AMOUNT NOT -TO -EXCEED $334,762.88. JULY 18, 2006 PAGE 6 CITY COUNCIL ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.7 APPROVAL OF AMENDMENT NO. 6 TO EXTEND LICENSE AGREEMENT WITH COCA-COLA FOR PLACEMENT OF BEVERAGE -SERVING MACHINES IN CITY PARKS FROM AUGUST 1, 2006 THROUGH JULY 31, 2007. C/Tye asked if this was the best contract the City could negotiate and was the agreement opened to other vendors. CSD/Rose responded that last summer staff released an RFP and received proposals from Coca-Cola, Pepsi-Cola and one other independent vendor. Staff interviewed each of the proposed vendors and determined that the Coca-Cola proposal was the most competitive. Revenues have decreased over the years because the machines were removed from Summitridge Park when the Diamond Bar Center was built. In addition, there is currently one less machine at Pantera Park and staff is working with Coca-Cola to procure a second machine. C/Tye moved, C/Chang seconded to approve Amendment No. 6 to extend the License Agreement with Coca-Cola for placement of Beverage -Serving Machines in City Parks from August 1, 2006 through July 31, 2007. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.8 AUTHORIZATION TO EXCEED CITY MANAGER'S PURCHASING AUTHORITY OF $25,000 TO EXTEND VENDOR SERVICES FOR SENIOR AND ADULT EXCURSIONS PROVIDED BY INLAND EMPIRE STAGES LTD., IN AN AMOUNT NOT -TO -EXCEED $68,000 FOR FY 2006/07. Following discussion, C/Chang moved, C/Tye seconded to authorize to exceed City Manager's purchasing authority of $25,000 to extend vendor services for Senior and Adult Excursions provided by Inland Empire Stages Ltd in an amount not -to -exceed $68,000 for FY 2006/07. 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 JULY 18, 2006 PAGE 7 CITY COUNCIL 6.10 ADOPT RESOLUTION NO. 2006-63: DECLARING A VACANT LOT ON SUMMIITRIDGE DRIVE ADJACENT TO SUMMITRIDGE PARK (APN 8701-013-900) AS SURPLUS PROPERTY AND AUTHORIZING THE DISPOSITION OF SAID PROPERTY AT FAIR MARKET VALUE. Following discussion, MPT/Zirbes moved, to Adopt Resolution No. 2006-63: Declaring a vacant lot on Summitridge Drive adjacent to Summitridge Park (APN 8701-013-900) as surplus property and authorizing the disposition of said property at fair market value with the proceeds of the sale to be placed into the City's "Parks Fund". C/Chang asked MPT/Zirbes if he would consider revising his motion to allocate the proceeds of the sale to the Economic Development Fund. MPT/Zirbes stood by his original motion. C/Tye seconded the motion. Motion approved by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.13 APPROPRIATE $98,000 OF GENERAL FUND BALANCE RESERVE TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FY 2006/07; APPROVE PLANS AND SPECS; AWARD CONSTRUCTION CONTRACT FOR AREA 2 SLURRY SEAL/CHIP SEAL PROJECT TO AMERICAN ASPHALT SOUTH, INC., IN THE AMOUNT OF $639,975.50; AND, AUTHORIZE A CONTINGENCY AMOUNT OF $45,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $684,975.50. C/Chang asked staff for an explanation of Cape Seal and why it would be better than the usual slurry seal. SE/Yee explained that Cape Seal was recommended by the City's Pavement Consultant which consists of 2 %z% latex seal that provides an additional structural section under the final slurry seal for greater wear. C/Chang moved, C/Tanaka seconded to appropriate $98,000 of General Fund balance reserve to the Capital Improvement Program budget for FY 2006/07; approve plans and specs; award construction contract for Area 2 slurry seal/chip seal project to American Asphalt South, Inc., in the amount of $639,975.50; and, authorize a contingency amount of $45,000 for contract change orders to be JULY 18, 2006 PAGE 8 CITY COUNCIL approved by the City Manager, for a total authorization amount of $684,975.50. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARINGS: 7.1 ADOPT RESOLUTION NO. 2006-65: AUTHORIZING THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TO ENFORCE THE CALIFORNIA VEHICLE CODE IN THE DIAMOND BAR TENNIS CLUB CONDOMINIUM COMMUNITY AS AUTHORIZED BY THE CALIFORNIA VEHICLE CODE SECTION 21107.7. ACM/Doyle reported that in response to a request from the Diamond Bar Tennis Club Condominium Association's Board of Directors, this Resolution was brought to Council for consideration. The California Vehicle Code allows for enforcement on private streets by law enforcement as long as the City holds a Public Hearing and as long as the Public Hearing is duly noticed to all community members at least 10 days prior to the actual hearing. The City complied with the notice requirement by sending notices to all homeowners within the complex. The request was promoted by incidents of pedestrian safety, speeding and other adverse activities within the complex. ACM/Doyle stated that the sporadic enforcement within this private community would not impact the City's overall policing program and no additional resources will be required as a result. Board Members Bruce Chitiea, President and Gale Chitiea; reinforced the Board's request. Mr. Chitiea stated that the complex has about '12 mile of private roadway with five stop signs and several blind turns. The Board was informed by several Sheriffs deputies that they were unable to enforce California Vehicle Codes unless they were invited to do so and that there was proper posting of the appropriate statutes within the complex. The Board is seeking occasional enforcement so that community members may witness and receive enforcement as needed. Mr. Chitiea responded to MPT/Zirbes that the complex experiences problems usual to any City street — individuals running stop signs exacerbated by a sense of complacency that they reside in a private community; high pedestrian traffic and near misses between speeding vehicles and individuals walking inside the complex; and near vehicular collisions wherein individuals driving down a steep hill blow through stop signs. To his knowledge there have been no accidents. However, there are incidents that occur that would not be brought to .JULY 18, 2006 PAGE 9 CITY COUNCIL the attention of the Board. There are 520 units in the community. The Board has not obtained petition signatures. However, there has been active polling during the past year and one-half that resulted in this request. Due to the large number of vehicle thefts in the community the Board retained Universal Protection Services to administer gate control for the area on a 24/7 basis. In response: to C/Tanaka, Mr. Chitiea stated that in speaking with the Association's attorney there was clear indication that it would be difficult to provide remediation with teeth. The Association has provisions for issuing fines to those who run afoul of various provisions of the CC&R's. However, collecting on the fines and making therm meaningful to the point or altering behavior is a challenge. As volunteers it would be extremely difficult to mete any type of traffic enforcement control. M/Herrera asked how many members served on the Board of Directors. Mr. Chitiea responded that there were supposed to be seven members and there were currently five individuals serving on the Board. M/Herrera asked Lt. Maxey to comment on the City's report that there would be no financial increase to the contract with the Sheriffs Department and that there would be occasional presence within the boundaries of the community. She asked how the Sheriffs Department would be able to issue citations if the deputies did not witness the infraction. Lt. Maxey responded that the deputies would have to witness the infraction in order to give the offender a citation. The deputies are in the complex on a routine basis handling calls for service. The Sheriff's Department is exempt from enforcing traffic laws within gated communities and the ordinance, if approved, would allow the deputies to go onto the property for enforcement purposes. M/Herrera opened the Public Hearing. With no one present who wished to speak on this item, M/Herrera closed the Public Hearing. Council Members concurred that it was prudent for the City to provide such service to all of its residents. JULY 18, 2006 PAGE 10 CITY COUNCIL C/Chang moved, MPT/Zirbes seconded to Adopt Resolution No. 2006-65: Authorizing the Los Angeles County Sheriffs Department to enforce the California Vehicle Code in the Diamond Bar Tennis Club Condominium Community as authorized by the California Vehicle Code Section 21107.7. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: 8.1 APPROVE APPOINTMENT OF PLANNING COMMISSIONER BY MAYOR HERRERA. M/Herrera reiterated her nomination of Osman Wei to serve as her Planning Commissioner appointee. M/Herrera said that in the 17 years that D.B. has been a City each Council Member has had the right to appoint an individual of his or her choice to Commissions. There was never a descent to the level of fighting that is apparent with this choice. She encouraged her fellow Council Members not to allow the process to deteriorate any further and to respect the process that has been in place for 17 years. MPT/Zirbes said that during the time he has followed the process invoked by the City Council each Member has been afforded an opportunity to reach out into the community to interview people and to find people who they felt would best serve the City. Mr. Wei previously served honorably on the Planning Commission and unless a candidate has an egregious background that would preclude him from serving they should be appointed. According to CA/Jenkins there is no conflict of interest and if Mr. Wei felt there was even an appearance of a conflict of interest he would do the right thing and recuse himself from voting on an issue. MPT/Zirbes supported M/Herrera's nomination of Osman Wei to serve on the Planning Commission and to continue the time-honored method of allowing each Council Memberthe opportunityto appoint people theyfeltwere best suited to serve. C/Tanaka said that the last time Mr. Wei was offered for nomination there were concerns about ethical issues and perceptions of what might be a conflict of interest and he felt those were very serious considerations in spite of Counsel's interpretation. In his opinion, it was important to consider how this individual would be able to serve all of the residents of the City when important decisions were before the Planning Commission. Under the aforementioned circumstances he was concerned about the nomination. He asked that Mr. Wei be JULY 18, 2006 PAGE 11 CITY COUNCIL polled as to whether he intended to resign as President of "The Country Estates" Homeowners Association or reconsider his appointment to the Planning Commission. He recalled that C/Tye spoke about many projects and more recently that the majority of the projects before the Planning Commission had to do with development or redevelopment within "The Country Estates." M/Herrera said she appreciated C/Tanaka's concerns. As she stated on June 20 the scope of work for the Planning Commission is much larger than the remodels that are occurring within "The Country Estates." D.B. has huge projects in front of the Planning Commission such as General Plan amendments, annexation of adjacent properties, General Plan overlays, etc. During her discussions with Osman Wei he told her he would not resign as President of "The Country Estates" Homeowners Association. Larry Smith felt that the City should stop acting in a "politically expedient" manner and do the right thing. As a former president of "The Country Estates" and board member who served with Mr. Wei, he is, in Mr. Smith's opinion, not the best person available to fill the empty seat on the Planning Commission. For reasons he enumerated he was concerned that this individual could use his position on the Planning Commission to violate the rights of the citizens of D.B. If the Council feels that Mr. Wei has clearly demonstrated the abilities, ethics and morals needed to plan and develop the City he and his family should be asked to step down from their positions on "The Country Estates" Homeowners Association Board. Ron Everett said it was not his intent to incite infighting and deterioration of the process. When he stepped forward on June 20 he wanted to take the emphasis off of the person and focus on the elements of responsibility and process in government. As stated by C/Tanaka a former member of the Planning Commission that there was significant activity in "The Country Estates" that goes before the Planning Commission for consideration and in Mr. Everett's opinion, continued recusal would render an individual ineffective in his/her position. He cited specific incidents that he felt would lead to a perception of unfair position and unfair competition and would break the integrity of the system. He appealed to the Council to condition the appointment to become effective upon the resignation of the appointee from his homeowner's association board of directors. Mr. Chitiea said he was privileged to participate in the early formation of Rancho Cucamonga when business was conducted in a room about the size of the speaker's podium. If there were ever an area in which there was more opportunity for fight and contention and for clear tension among Council Members it was during appointment of JULY 18, 2006 PAGE 12 CITY COUNCIL Planning Commissioners. As a Planning Commissioner in the early '80's it became very clear to him what the term "conflict of interest" meant and whereas he would have no legal conflict of interest the perception by various members of the community that he was a political actor meant more to everyone that a strictly "legal" conflict that he might have. This is, in his opinion, an area that might be most dangerous to a city's credibility, to the credibility of any particular Council and to the credibility of any one Council Member. The selection of a Planning Commission is one of the most important appointments. As C/Tanaka pointed out the Planning Commission makes decisions one level removed from the voters and if those decisions are perceived to be political rather than technical and communal the City is potentially damaged in the long term in ways that are not apparent at this juncture. Osman Wei said that he was elected President of "The Country Estates" Homeowners Association Board by the homeowners with a majority vote. Two of the earlier speakers have served as board members and president of the board. He responded to comments by other speakers. He stated that his attorney and the City's attorney concluded that there would be no conflict of interest by his serving as a Planning Commissioner and President of "The Country Estates" Homeowners Association. In addition, the Board does not have the power to make the decision about whether another association would be annexed since it requires a 75% of the majority of property owners. The function of the Board is to act on appeals when annexation is denied by vote. During the past years the Board Members have not acted on approval or denial of any construction. As a former Planning Commissioner he recused himself from acting on one matter before the Commission and in that case the project was denied by the City and not by the Commission. He guaranteed the City Council Members that if he was ever advised that there could be a conflict of interest he would recuse himself from participation. MPT/Zirbes asked Mr. Wei to qualifications and beliefs would Commissioner for the City of D.B. tell the City Council how his help make him a solid Planning Mr. Wei said he graduated with a BA from the University in Taiwan, worked for the City of Taipai for three years and worked for an independent company for eight years before he started his own business that grew to include about 500 employees. He closed his business in 1998 when he moved to the United States believing that it would be difficult to adequately manage such a large company with several locations. He is interested in construction, and urban development was one of his majors. He said he believed that D.B. was ripe for a mixture of residential and commercial construction allowing for ease of convenience for residents. JULY 18, 2006 PAGE 13 CITY COUNCIL C/Chang was concerned about how many times Mr. Wei would have to recuse himself from making decisions as a Planning Commissioner due to a conflict of interest. He said the majority of construction and planning approvals were coming from "The Country Estates." He said he does not feel comfortable about the Council putting itself in that position. How many times can an individual recuse himself and still be an effective member of a government body that makes decisions for the community. This is not a matter of disrespect, it is a matter of discussing the facts and the Council is conducting its due process. Three members of the City Council were former Planning Commissioners and those members should know better than anyone what is required of a Planning Commissioner. He was concerned about how effective the individual could be in representing his constituents. C/Chang felt that unless the individual was willing to give up his position on "The Country Estates" Homeowners Association Board it was not a good idea to appoint him as a Planning Commissioner. M/Herrera stated that according to legal counsel if Mr. Wei recused himself from Association matters under consideration by the Planning Commission there would be no conflict of interest and no need for him to recuse himself from Planning Commission decisions. M/Herrera called for the vote. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: Chang, Tanaka ABSENT: COUNCIL MEMBERS: None 8.2 CONSIDERATION OF OPTIONS FOR PROTECTING THE HISTORIC WINDMILL LOCATED AT THE RALPH'S CENTER. CDD/Fong stated that there were several ways to protect and preserve the Windmill. One method was a "Conservation Easement" which would provide a legal and binding agreement between the property owner and a charitable organization or government entity. The property would remain under the ownership of the property owner and the easement owner would be responsible for the maintenance costs. In exchange for the easement the property owner may be granted some tax reduction. A second method is a hybrid of the conservation easement known as a "Historic Preservation Easement" a legal agreement between a charitable/non-profit organization or government entity and the property owner. The easement exists to protect the significant historic property by placing restrictions on use of the property in perpetuity. The non-profit or governmental agency would be responsible for all maintenance costs JULY 18, 2006 PAGE 14 CITY COUNCIL in this instance as well. Either of these agreements requires the cooperation of the landowner to sign the agreement and the IRS must review all proposed tax deductions before they are allowed. A question exists about the benefit to the property owner of such an agreement. The third and more feasible option was a charitable donation by the property owner. Under this option the property owner could purchase the structure and relocate it to an area designated by the City with the City paying for the cost of the structure and its relocation. Staff recommends that the City Council direct staff to further investigate the matter and commence negotiations with the property owner. MPT/Zirbes asked if staff had discussed this issue with the property owner. CDD/Fong responded that staff contacted the Property Managerwho asked for a proposal that could be taken under advisement with the property owner. CDD/Fong responded to M/Herrera that staffs recommendation was to attempt to negotiate the purchase of the structure with the owner since the Windmill belongs to the property owner. M/Herrera thought that the Windmill was designated as a relic preserved from the old Diamond Bar Ranch and that the shopping center owner had agreed to erect the Windmill on the shopping center site. CDD/Fong responded to M/Herrera that according to the assessor's records there was no easement. M/Herrera asked staff to contact the Historical Society for further information and bring the matter back to the City Council in 30 days. 8.3 APPROVE FIRST READING OF ORDINANCE NO. 05(2006); REVISING THE CITY'S PURCHASING SYSTEM AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. FD/Magnuson reported that the revision was requested to improve efficiency without compromising the City's fiduciary responsibilities. Since the most recent 2003 revision, staffs goal has been to revise the policy to more closely fit the needs of the organization and streamline its processes. Significant changes include the elimination of language related to the purchasing department and purchasing agent since the City has never had either. The City Manager's contractual authority remains unchanged at $25,000. In addition to the City Manager's authority the proposed policy includes approval levels for department directors of items up to $4,999.99 and approval 1 1 1 JULY 18, 2006 PAGE 15 CITY COUNCIL by the Assistant City Manager for amounts up to $9,999.99. The policy, however, continues to place a $5,000 limit if there is an adequate budget. Purchase orders are required at $2500 ratherthan $500. Bid procedures have been clarified and the informal bid requirement has been changed from $1000 to $2500. Language related to the formal bid process was removed since it is covered under the State Public Contract Code. The policy also indicates that the City will follow the State's Contract Codes. FD/Magnuson continued that the section related to purchases without bidding was changed to increase the dollar threshold from requiring bids from $1000 to $2500 and a new concept of a vendors list. A comprehensive vendors list consisting of names of vendors that have consistently delivered promised goods and services on time and at low cost will be presented to Council each January for approval. Revisions were also included in the local preference section, recycled materials section and the surplus personal property section. This revised policy is the result of input from the City's executive management team, line staff and the City Attorney. Approval of this revised policy will improve the efficiency of City staff and allow staff members to focus on more critical matters without compromising the City's procurement practices and fiduciary responsibilities. C/Chang moved, C/Tye seconded to Approve First Reading of Ordinance No. 05(2006); revising the City's Purchasing System and Amending the Diamond Bar Municipal Code. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.4 CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION OF ART IN PUBLIC PLACES. CDD/Fong stated that the Planning Commission has forwarded a recommendation that the City Council consider an "Arts in Public Places" Program for the City of D.B. As an example of the proposed program the City of Brea adopted an Ordinance to support public art, established an art commission and provided support staff for the commission. The program requires developers to place art equivalent to one percent (1 %) of the total project valuation. The more common method employed by cities is through an entitlement process. For example, the City would require the Developers through conditions of approval to provide amenities such as art pieces, fountains or plaza areas during the project review process. Staff believes that the City's JULY 18, 2006 PAGE 16 CITY COUNCIL General Plan could be amended to include illustration and development criteria to support its implementation. If the City Council agrees with the concept it could direct staff to bring back a Development Code or General Plan amendment to incorporate appropriate development language. M/Herrera felt that the most important part of developing the criteria would be to define "art." CDD/Fong said that it would be up to an art commission for example, to define "art." The recommendation from the Planning Commission was to consider art in public places. However, staff could write broader design and development criteria for purposes of discussing art form such as water fountains, special design treatments, special landscape features or hardscape features. M/Herrera said she would like to have feedback from the Parks and Recreation Commission and to have staff gather additional information and recommendations for the Council to discuss during a study session in 60 to 90 days. C/Tye was concerned about a developer being required to donate one percent of project costs. Brea has a very good Art in Public Places program. However, their advantage was that they were able to incorporate the program using redevelopment monies. In addition, it requires a developer to provide artwork whereas the City's current General Plan Objective and Development Code says "consider a program." Brookfield Homes Development, for example has a wonderful fountain feature at its entrance. The Developer made the decision that it was the correct enhancement for the Developer. The City did not make the decision and the City did not require the Developer to provide a fountain. He believed that CDD/Fong was responsible for the Target fagade and as a City, we can offer input and make requests but the City should not be telling developers that they are required to provide art either in the development or in the form of cash. Target gives over $2 million per week to non-profit and charitable causes. Would it make sense to then ask them to reduce their charitable contributions so that the City could have a piece of art on the property or on another piece of property in the City. The City needs good corporate partners like Target to benefit its schools. If the City requires good corporate neighbors to provide art it will require them to reduce their contributions or increase their retail costs. He was more inclined to follow the wisdom of the current General Plan and encourage entities to place art in public places rather than require them to do so. MPT/Zirbes said he too would like to have this matter come back to the Council in a study session to see what staff would recommend as JULY 18, 2006 PAGE 17 CITY COUNCIL language changes. He said he agreed with C/Tye that one percent could be outrageous or limiting and that a one percent ceiling might be more appropriate. C/Chang felt it would be better to raise the quality of building in the City than to require developers to spend money on art. Not all locations are conducive to art. He said it depended on whether D.B. wanted to be a business -friendly City. The design for the D.B. Target store will be: an excellent example of good architecture due to staffs input. He agreed with C/Tye that it would be better for developers to be held to a high standard rather than requiring them to provide a piece of art.. M/Herrera concluded that Council would like more information with respect to whether art should be required and what percentage of the valuation would be fair. She directed staff to provide additional information to the Council during a study session in either 90 or 120 days. 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka said it was always a pleasure to represent the residents and Council at different: functions. He attended the Jack Phillips Awards honoring individuals in the community that made contributions to the San Gabriel Valley hosted by the San Gabriel Valley Council of Governments and the San Gabriel Valley Economic Partnership. He attended the Tiny Tots graduation at the Diamond Bar Center; on Saturday, June 24 he attended the Drum and Bugle Corp competition at Mt. SAC during which Pacific Crest Drum and Bugle Corp competed; he congratulated CSD/Rose and staff for an outstanding 4th of July blast. He stated that the Concerts in the Park series is at its midpoint for the summer. He continues to meet with the senior groups as they move toward a multi -cultural day in October. He attended an Eagle Scout Ceremony and congratulated Steve Kim and his parents. Yesterday Diamond Bar for Youth met in conjunction with the Youth Master Plan and the group is trying to convince WUSD to participate in the program. C/Chang commended the Diamond Bar Women's Club members for presenting scholarships to two young women who excelled in their studies. He felt that this year's 4th of July celebration was one of the best celebrations ever and believed it was a good decision to hold the event at DBHS because there was ample parking. He complimented staff on a job well done and recommended that the event be held at the same location next year. He said he also attended several events at the Diamond Bar Center. C/Tye thanked CSD/Rose and his staff for putting together such a wonderful 4th of July event. He felt it was sad when individuals implied there was something sinister when there was nothing sinister at all. A speaker made a JULY 18, 2006 PAGE 18 CITY COUNCIL comment about the process of choosing Jim DeStefano as the City's new City Manager. He looked at the Council as being a kind of "board of directors for the City of D.B. and this body made the very best decision with what was possible and available. Five years ago when Linda Lowry was selected the opportunity was made available to Mr. DeStefano and he decided that at that time it was not the right position for him. Things have changed over the past five plus years and it is now the right time for Mr. DeStefano and the City gets a person with a wealth of knowledge, experience and expertise about the City that will be of great benefit to the community. In fact, this body was unanimous in its decision to extend the offer to Jim DeStefano. It was good to be present for the COG ceremonies and observe M/Herrera presenting Assemblyman Bob Huff with the Jack Phillips Memorial Award in recognition for his leadership in the region. He said there was nothing quite as wonderful as the Tiny Tots graduation and watching the 60-80 participants. He joined C/Tanaka for the Pacific Crest performance at Mt. SAC. One of the things the City Council does is oversee the organization support fund and it is wonderful to see an organization like Pacific Crest perform and compete. He thanked CM/Lowry for her efforts on behalf of D.B. and for representing the City well and for all that she accomplished during her tenure. MPT/Zirbes said he looked forward to Jim DeStefano's return and his help in leading the City through some very important projects. He asked the City Council to adjourn tonight's meeting in honor of Linda Lowry in respect for the wonderful work that she has done for the City of D.B. during the past five years and to formally wish her well in her future endeavors. M/Herrera expressed that the Council accomplished a great deal this evening. Jim DeStefano will be the new City Manager as of July 31. She acknowledged the hard work of CSD/Rose and his staff in bringing wonderful and fun events to the City's parks and that the 4t' of July event was the best ever. Everyone she spoke with was thrilled that the event was held at DBHS and she wrote a letter thanking the Superintendent and Board of Trustees as well as the School Principal for letting the City use the School and how much the location and event was enjoyed by the residents. She said she looked forward to the event being held there again next year and hoped that they would extend an invitation. She felt that 7000 attendees left the area pretty clean and in good order. She again thanked CM/Lowry for her service to the community and acknowledged the accomplishments during her tenure that included establishment of the Financing Authority, construction of the Community Center, promotion of the Target Project, development of the entire Golden Springs Drive and Grand Avenue corner through negotiations with Calvary Chapel, and many other projects in which she was involved. The City appreciates CM/Lowry's dedication. M/Herrera said she was pleased that D.B. and Pomona had joined together on projects such as the Four Corners Transportation Corridor that CM/Lowry and ACM/Doyle pushed forward to form a strong partnership with Chino Hills, Pomona, Brea and D.B. Other cities such as Norco and Chino are joining and Ontario is interested. JULY 18, 2006 PAGE 19 CITY COUNCIL In addition, D.B. is in a partnership with Pomona on the Youth Master Plan collaborative. She again thanked CM/Lowry and echoed the sentiments of her colleagues. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council meeting at 9:23 p.m. in honor of outgoing City Manager Linda Lowry. C-1 Al�ul-xl Tommye Cribbins, CITY CLERK The foregoing minutes are hereby approved this 1st day of August 2006. CAROL HERRERA, MAYOR 1