HomeMy WebLinkAbout09/21/2004 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
SEPTEMBER 21, 2004
STUDY SESSION: Mayor Zirbes called the Study Session to order
at 5:23 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, Huff, O'Connor,
Mayor Pro Tem Herrera and Mayor Zirbes.
Staff Present: Linda Lowry, City Manager; Michael Jenkins,
City Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City
Manager; Bob Rose, Community Services Director; David Liu, Public Works
Director; Fred Alamollholda, Senior Engineer, Sharon Gomez, Senior
Management Analyst; April Blakey, Public Information Manager; Javier Peraza,
Management Analyst; Jim Clarke, Legislative Analyst; John Bingham,
Consultant, and Tommye Cribbins, Executive Assistant and Assistant City Clerk.
► Library Task Force CIP Projects Review and Discussion
► Natural Hazard Mitigation Plan Introduction
No. Discussion of On-site Sewage Treatment State Mandate
► Discussion of Joint Meeting with Traffic and Transportation
Commission Regarding Neighborhood Traffic Study
1. Library Task Force CIP Projects Review and Discussion:
DCM/Doyle reported that staff was pursuing possible shared parking
agreements that would possibly have related costs. Otherwise, staff's
intent was to pursue non -cost items as directed and any cost -related items
would come back to Council after the Bond Board made its decision.
Wendy Ramano, L.A. County Library, responded to M/Zirbes that based
on the Task Force Report some items on the Category A List were being
done such as the cleaning of the storeroom at the current facility. She
agreed that the library was overcrowded. With respect to the collection the
library had run surveys, and she felt that within a month or so the County
would be able to report back to the Council about the weeding process.
She said that the County was also looking at the inventory provided by the
Friends of the Library to determine whether a compromise would be in
order.
SEPTEMBER 21, 2004 PAGE 2 CC STUDY SESSION
2. Natural Hazard Mitigation Plan Introduction.
DCM/DeStefano presented the draft plan to the Council and asked that
the document be scrutinized for October 5 adoption in order to meet the
November 2 filing deadline.
John Bingham, Consultant, explained the plan and its purpose using
slides and handouts. He reported that the document was a pre -event plan
and General Plan type of document. At its core it was an inventory and
analysis of hazards, risks and vulnerabilities specific to the City of D.B.
FEMA required this document to try to eliminate repeat disasters. He
stated that D.B.'s risk ratings and vulnerabilities are far less than many
other cities because D.B. was incorporated as late as 1998; most of the
housing stock was post 1960/1970; there was no un -reinforced masonry
building; there are no hazardous material sites in the community; there
have been no noteworthy historic disasters; and D.B. has remained
relatively unscathed by the natural hazard events that have occurred. The
plan identified the potential natural disasters, identified the extent of risk
posed by these hazards, identified the vulnerabilities, and outlines the
actions the City could take to mitigate or reduce the potential impact of the
hazards. Outlined in the body of the draft were the measures the City
would take in the event of a hazard. The mitigation measures included
enhancing and continuing programs in place such as brush clearance
programs, adopting the latest building codes, etc.
C/O'Connor asked why the open space area on the Potential Fire Hazard
Map to the east of the pink area surrounding the Diamond Bar logo would
not be considered a potential fire hazard area?
Consult./Bingham responded that one of the reasons was that it was open
space and that there was no potential for burning structures/residences in
that area. Although it was a fire hazard, it was not a high-risk fire area. He
further stated that there were no schools and businesses in that area.
C/O'Connor stated that in fact, Diamond Ranch High School was located
in the area. C/Bingham said the high school was not located in that
particular area.
C/O'Connor said she disagreed but accepted
Consult./Bingham's explanation that there was a separation easement in
place that protected the school.
C/Bingham explained the Historical Microburst Windstorm Event map, the
Total Hazard Risk Rating Form, the Five -Year Matrix Developed, and Next
Steps. He concluded by stating that staff intended to present the final draft
1
SEPTEMBER 21, 2004
PAGE 3 CC STUDY SESSION
to Council next week and schedule the matter for discussion at the
October 5 regular, City Council meeting. If the above schedule were met
the final document would be submitted to FEMA and State OES to meet
the November 1 deadline.
C/O'Connor said she submitted her questions to staff and was awaiting a
response. She felt it was important for the Council to know that this was a
standard format with pertinent information inserted and that "Public
participation" was mentioned several times in the document. She felt
residents had not participated in the process and was concerned about
the City meeting the federal guidelines.
3. Discussion of On-site Sewage Treatment State Mandate:
PWD/Liu presented the MOU document and slide presentation for Septic
Tank systems for the City of D.B. He reported that about 150 homes
located in "The Country Estate" utilized septic tank systems. The State
determined that septic tanks were a source of water -quality degradation
and as a result, came up with a list of regulations for cities to implement.
PWD/Liu responded to C/Huff that the monthly requirement to pump was
not enforced. Only when problems were reported, did staff work with
inspectors to ensure mitigation.
PWD/Liu stated that "The Country Estates" consultant told him that in
accordance with their latest study, the contributing factors included
groundwater, irrigation water runoff, excess rain irrigation runoff, and
subterranean failures in addition to septic tank problems.
C/O'Connor asked whether the City or "The Country Estates" would be
required to pay the annual fees?
PWD/Liu responded that both options as well as other options would be
presented to the City Council for consideration.
C/O'Connor felt that: it would be unfair to burden the general population of
D.B. for costs associated with 150 homes in a private community.
C/Chang agreed that "The Country Estates" should accept the
responsibility.
PWD/Liu explained that if the City chose not to sign the MOU the 150
homes would have to be regulated by the Regional Board staff. He further
explained that even if the City signed the MOU there was a 90 -day
window for notice by either party to terminate the MOU.
SEPTEMBER 21, 2004 PAGE 4 CC STUDY SESSION
M/Zirbes asked if the City had sufficient personnel and staff hours
available to work through the MOU to which PWD/Liu responded, no. Part
of the financing for implementation of the program would include additional
staff. M/Zirbes asked if in PWD/Liu's opinion it would be more beneficial to
leave the 150 homes on a septic system or move forward to help them
implement a permanent solution.
PWD/Liu said based on the most recent information there were problems
with the present system; and it would be more beneficial for the
homeowners to tap into a sewer line.
M/Zirbes asked if the City could clarify its intent to implement a permanent
solution within a certain period of time.
PWD/Liu said that if the City could quantify the issues and work closely
with the County Health Department to determine that the present system
would impose certain health risks to the City, D.B. would be in a better
position to initiate a permanent solution.
M/Zirbes said he was reluctant to lock into the MOU because of a potential
overload to personnel and because there was insufficient information
about what was occurring below ground. In addition, a reduction in fees
would not be an incentive toward a permanent solution. The MOU could
merely serve as a band-aid solution, and the City would be no closer to
getting the 150 homes on-line. In his opinion, that was the direction in
which the City should be moving from a health and safety standpoint in
order to also benefit the affected homes toward the lower end of the tract.
He felt that if the City signed the MOU, it would merely be delaying the
inevitable.
CM/Lowry felt that PWD/Liu's proposal that the City should sign the MOU
was to buy the 90 -day time period for withdrawal.
PWD/Liu said that if the City chose not to sign the MOU it could, within the
next 120 days, go back to the regional board and re -negotiate the MOU.
Following discussion, Council directed staff to contact the 150 affected
homeowners regarding a public meeting to receive input as to how the
property owners wished to proceed to implement the treatment program.
4. Discussion of Joint Meeting with Traffic and Transportation
Commission: --
Staff was directed to schedule a joint study session with the Traffic and
Transportation Commission for October 5, 2004 to discuss the
Neighborhood Traffic Management Program.
1
1
1
SEPTEMBER 21, 2004
PAGE 5 CC STUDY SESSION
MPT/Herrera suggested that this be the only matter scheduled for the
October 5, 2004 study session so that the regular Council meeting would
take place as scheduled.
C/Huff stated than, that was okay as long as there were no other heavy
duty items to be discussed.
Public Comments: None Offered.
ADJOURNMENT: With no further business to come before the City
Council, M/Zirbes adjourned the Study Session at 6:44 p.m.
��4Linda C. Lowry, Ci Clerk
The foregoing minutes are hereby approved this 5th day of october , 2004.
r
BO ES, Mayor
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
SEPTEMBER 21, 2004
CALL TO ORDER: Mayor Zirbes called the Regular City Council
meeting to order at 6:58 p.m. in The Government Center/SCAOMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
M/Zirbes reported that Council began its evening at 4:45 p.m. with a Closed
Session. There was no reportable action taken. Tonight's Study Session included
discussions regarding Library Task Force recommendations regarding capital
improvement projects, the Natural Hazard Mitigation Program document, regulations
for on-site septic tanks and a joint study session with the Traffic and Transportation
Commission.
PLEDGE OF ALLEGIANCE: Council Member O'Connor led the Pledge of
Allegiance.
INVOCATION: Captain/Chaplain Larry Burke, L.A. County Fire
Department gave the invocation.
ROLL CALL: Council Members Chang, Huff, O'Connor,
Mayor Pro Tem Herrera and Mayor Zirbes.
Staff Present: Linda Lowry, City Manager; Mike Jenkins, City
Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City
Manager; Linda Magnuson, Finance Director; Bob Rose, Community Services
Director; April Blakey, Public Information Manager and Tommye Cribbins, Assistant
City Clerk.
APPROVAL OF AGENDA: CM/Lowry stated that at the request of the
Diamond Bar Community (Foundation Item 6.9 would be removed from the agenda
and presented at a later Council Meeting for approval.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 MPT/Herrera presented a Certificate to Tony and Sadie D'Agnenica
and Joan Azzara, former proprietors of D'Antonio's. Both were
accepted by Sadie D'Agnencia.
1.2 M/Zirbes and C/Chang presented Certificates to Library Task Force
Members Sandra Horvath, Marsha Hawkins, Steve Tye, Ruth Low
and Nancy Lyons. Wendy Ramano, L.A. County Library accepted
Certificate on behalf of Robert Seals.
NEW BUSINESS OF THE MONTH:
1.4 C/Huff presented a Certificate Plaque to America Adame, Senior Loan
Processor for High Point Professionals.
SEPTEMBER 21, 2004 PAGE 2 CITY COUNCIL
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
(Continued)
1.3 PIM/Blakey made a presentation regarding City's Website and "At
Your Service" Customer Response Management System which won
an award.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered.
3. PUBLIC COMMENTS: Marsha Hawkins, Friends of the Library,
spoke about the third annual kickoff for the "Read Together Diamond Bar"
program commencing on Sunday, September 26. Events on that day include
a 6:30 a.m. pancake breakfast hosted by the Walnut Valley Kiwanis Club, a
7:30 a.m. 1 K Walk/Run followed by a 5K Walk/Run at 8:00 a.m. The month-
long event concludes on October 23 with the Festival of Authors and "Make a
Difference Day."
4. RESPONSE TO PUBLIC COMMENTS: None Offered.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PARKS AND RECREATION COMMISSION MEETING — September
23, 2004 — 7:00 p.m., AQMD/Government Center Hearing Board
Room, 21865 Copley Dr.
5.2 DIAMOND BAR 5000 — 1K AND 5K WALK/RUN — September 26,
2004 — 6:30 a.m., Pantera Park, 738 Pantera Dr. (Kick-off of the
Friends of the Library — Read Together Diamond Bar). Opening
ceremonies and blueberry pancake breakfast hosted by the Walnut
Valley Kiwanis Club.
5.3 PLANNING COMMISSION MEETING — September 28, 2004 — 7:00
p.m., AQMD/Government Center Auditorium, 21865 Copley Dr.
5.4 PUBLIC SAFETY COMMITTEE MEETING — October 4, 2004 — 7:00
p.m., Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut.
5.5 CITY COUNCIL MEETING — October 5, 2004 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.6 YOUTH MASTER PLAN STAKEHOLDERS/STEERING COMMITTEE
— October 7, 2004 — 7:00 p.m., Diamond Bar Center, 1600 S. Grand
Ave.
SEPTEMBER 21, 2004 PAGE 3
CITY COUNCIL
6. CONSENT CALENDAR: C/Chang moved, C/Huff seconded to
approve the Consent Calendar with the exception of Items 6.8 and 6.9.
Motion carried by the following Roll Call vote with M/Zirbes abstaining on
Consent Calendar, Item 6.7:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
6.1 CITY COUNCIL MINUTES
Chang, Huff, O'Connor,
MPT/Herrera, M/Zirbes
None
None
6.1 .1 Study Session of September 7, 2004 — Approved as submitted.
6.1.2 Regular Meeting of September 7, 2004 — Approved as
submitted.
6.2 RECEIVED AND FILED TRAFFIC AND TRANSPRTATION
COMMISSION MINUTES:
6.1.1 Regular Meeting of July 8, 2004.
6.1.2 Regular Meeting of August 12, 2004.
6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES —
Regular Meeting of August 24, 2004.
6.4 APPROVED WARRANT REGISTERS DATED SEPTEMBER 9, 2004
AND SEPTEMBER 16, 2004 FOR A TOTAL AMOUNT OF
$929,692.37.
6.5 REJECTED CLAIM FOR DAMAGES:
6.5.1 Filed by Steve Han on July 13, 2004.
6.5.2 Filed by Linda Chem on August 26, 2004.
6.6 APPROVED SECOND READING BY TITLE ONLY, WAIVED FULL
READING AND ADOPTED ORDINANCE NO. 07(2004) REGARDING
FILLING COUNCIL VACANCIES AND AMEND THE DIAMOND BAR
MUNICIPAL CODE.
6.7 APPROVED SECOND READING BY TITLE ONLY, WAIVED FULL
READING AND ADOPTED ORDINANCE NO. 08(2004) AMENDING
PREFERENTIAL PARKING DISTRICT NUMBER ONE TO INCLUDE
LAURELRIM DRIVE IN ITS ENTIRETY; TO ESTABLISH
PREFERENTIAL PARKING RESTRICTIONS ON ' LAURELRIM
DRIVE; AND AMEND THE DIAMOND BAR MUNICIPAL CODE
SECTION 10..16.1350 ACCORDINGLY.
SEPTEMBER 21, 2004 PAGE 4 CITY COUNCIL
6.9 APPROVE AMENDMENTS TO THE BYLAWS FOR THE DIAMOND
BAR COMMUNITY FOUNDATION (Removed from Consent
Calendar)
6.10 APPROVED AMENDMENT NO. 3 TO EXTEND CONTRACTS WITH
WEST COAST ARBORISTS FOR CITYWIDE STREET TREE
MAINTENANCE AND PLANTING SERVICES FOR FY 2004/05 IN AN
AMOUNT NOT -TO -EXCEED $150,000.
6.11 APPROVED AMENDMENT NO. 2 TO CONTRACT WITH
MCDERMOTT CONSULTING, INC. IN THE AMOUNT OF $25,000
FOR TRANSPORTATION PLANNING CONSULTING SERVICES.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.8 ADOPT RESOLUTION NO. 2004-54: APPROVING CITY COUNCIL
"STANDARDS OF OPERATION AND CODE OF ETHICS"
AMENDING SECTION C-9 OF THE "CITY OF DIAMOND BAR
POLICIES AND PROCEDURES" (1996) AND RESCINDING
DIAMOND BAR CITY COUNCIL RESOLUTION NO. 96-28.
C/O'Connor felt it was unfortunate that the proposed Code of Ethics
was not what she had envisioned. Of particular concern to her was the
matter of individualized City Council stationery to which she was
opposed. She believed the Council Members should use the City's
stationery, and correspondence initiated by Council Members should
be run through the City's staff for control. She asked that the record
reflect the aforementioned statements as her reason for voting No on
this resolution.
MPT/Herrera stated that she and C/Huff worked on the Code of Ethics
for about two years. In an effort to standardize operations and pull the
information into one source, the subcommittee sought input from other
Council Members, staff and the City Attorney. Individualized Council
stationery was created several years ago. Council Members often
have occasions to write letters of recommendation for college
applicants, for instance, and cannot use official City stationery for
such purposes. As a result, individualized stationery was created for
just such a purpose, and to her knowledge, no Council Member had
abused the privilege of having individualized stationery. One possible
area of concern was the use of the D.B. logo, and it would not be a
problem to eliminate the logo if Council Members wished to do so.
M/Zirbes felt the proposed Code of Ethics provided a succinct
document that would serve as a roadmap for the Council for years to
come.
SEPTEMBER 21, 2004 PAGE 5 CITY COUNCIL
M/Zirbes moved, C/Huff seconded to adopt Resolution No.
2004-54: Approving City Council "Standards of Operation and Code
of Ethics" amending Section C-9 of the "City of Diamond Bar
Policies and Procedures" (1996) and rescinding Diamond Bar City
Council Resolution No. 96-28.
C/Chang felt that Council Members would exercise self-discipline and
not misuse the City's logo and therefore, it was a non -issue.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, MPT/Herrera,
M/Zirbes
NOES: COUNCIL MEMBERS: O'Connor
ABSENT: COUNCIL MEMBERS: None
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 ADOPT RESOLUTION NO. 2003-60C APPROVING REVISIONS TO
FACILITY USE POLICY FOR THE DIAMOND BAR CENTER TO
CLARIFY APPLICATION PROCEDURES, TIMELINE FOR
SCHEDULING USE OF THE FACILITY BY CITY RECOGNIZED
SENIOR CITIZEN MEMBERSHIP GROUPS, THE ADDITION OF
CHRISTMAS EVE AND NEW YEAR'S DAY TO THE OBSERVED
HOLIDAY LIST AND APPROVAL OF THE USE OF THE GRAND
VIEW BALLROOM BY THE SUNSHINE SENIORS ON NOVEMBER
19, 2004.
CSD/Rose outlined the five changes to the proposed resolution to wit:
Addition of a seven (7) day soft reservation period; that the Senior
Member organizations could reserve the banquet room on weekends
for a discounted rate if the banquet room is not already reserved by
another user up to six months in advance of the designed date; add
two Holiday dates — Christmas Eve and New Years Day to the existing
days of Thanksgiving Day and Christmas Day; add a sentence that
states "Hazard II and Hazard III events when alcohol is served are
required to have additional security as determined by the Center's
Director," and add "ovens" to the cleaning item list for cleaning
deposit return. Staff's recommendation was Council adoption of the
amended resolution.
IThere was no one present who wished to speak on this item.
SEPTEMBER 21, 2004 PAGE 6
CITY COUNCIL
C/O'Connor moved, C/Chang seconded, to adopt Resolution No. 2003-60C
approving revisions to Facility Use Policy for the Diamond Bar Center to
clarify application procedures, timeline for scheduling use of the facility by
City recognized senior citizen membership groups, the addition of Christmas
Eve and New Year's Day to the Observed Holiday List and approval of the
use of the Grand View Ballroom by the Sunshine Seniors on November 19,
2004. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor,
MPT/Herrera, M/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Chang spoke about attending the League of Cities Convention in Long
Beach. Some 470 cities participated. He discovered two new products he
thought would be of interest to the City. One product blended a rubberized
compound with asphalt and allowed a very thin layer of pavement that
improve the life expectancy of streets. He said he would pass the information
along to PWD/Liu. The other product was created and patented by 3M. It was
a radar box with camera that calculated the speed of approaching vehicles
and cautioned speeding drivers to slow down. He felt that both products
could benefit the City.
C/Huff said that while much focus was placed on the new Diamond Bar
Center, several senior groups continued to meet at the Heritage Center
where he attended the Diamond Age function on Saturday. He attended a
computer association event at the Diamond Bar Center over the weekend.
He congratulated staff for developing and adapting a great and business -
friendly program for the Center. Among other events during the past two
weeks he attended a Foothill Transit Cluster Breakfast during which
members were updated on current happenings. He noticed that the Library
Task Force recommended a bus stop at the library. However, there were
currently no bus lines that ran on Grand Ave. ,and he felt it might be difficult
to ask Foothill to readapt their schedule to run on a congested street. In
addition, it would most likely cost the City some money to create the rerouting
and additional stop.
C/O'Connor agreed with C/Chang that the radar boxes would be a good idea
for the City's neighborhoods in lieu of speed hump and stop sign installations.
In fact, she brought this product to staff's attention about a year ago because
she felt it would be a very effective deterrent for speeding drivers. The
League of Cities and D.B. took a position on Proposition 1 A, a proposition to
protect local government funds and prevent state raid and she encouraged
everyone to vote "yes" on Proposition 1A. Additional information was
available from Council Members and on the League of Cities website as well
as the voter pamphlet. She offered that she had petitions for people to sign to
SEPTEMBER 21, 2004 PAGE 7
save the County Seal from the ACLU.
CITY COUNCIL
MPT/Herrera concurred with C/O'Connor that it was very important to pass
Proposition 1A. She recently attended a Council of Government meeting
during which an SCAQMD report was presented indicating there were
potential grants available for cities to purchase vehicles at a reduced cost as
well as possible grant money available to help school districts purchase
school buses. She, said she would pass along the information to the proper
City and school district officials. It appeared that there was an impending
resolution for reduced truck traffic on the SR60. L.A. Council Member Hahn
and Assembly Member Lowenthal have been working to get the ports to
extend their hours, and it appears the unions will agree to a surcharge on
bins picked up or dropped off during the hours of 8:00 a.m. to 5:00 p.m. If
passed, the resolution would provide incentive for truckers to work during the
off hours to reduce truck traffic. She was hopeful that the compromise would
also help to reduce the very poor air quality in the community.
M/Zirbes said that Council was gearing up for a busy Fall meeting schedule.
Tonight was exciting for him because he and C/Chang were able to present
Certificates of Recognition to the Library Task Force members, and it was
also exciting to learn that some of the recommendations were being
implemented in real-time. He believed all Council Members worked very hard
to improve the quality of life for the residents of D.B. and thanked residents
for their encouragement, questions, and emails.
10. ADJOURNMENT: There being no further business to conduct, M/Zirbes
adjourned the meeting at 7:55 p.m.
L NDA C. LOWRY, TY CLERK
2004. The foregoing minutes are hereby approved this 5tr1 day of October
BO RBES, MAYOR
1