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HomeMy WebLinkAbout03/04/1997 Minutes - WorksessionCITY OF DIAMOND BAR CITY COUNCIL WORKSESSION MARCH 4, 1997 CALL TO ORDER: Mayor Huff called the Worksession to order at 4:45 p.m. in Room CC -2 of the SCAQMD, 21865 E. Copley Dr., Diamond Bar, California. Present: Council Members Ansari, Harmony, Werner, MPT/Herrera, MIHuff Also present were: Terrence L. Belanger, City Manager; William Rudell, Assistant City Attorney; Kellee Fritzal, Assistant to City Manager and Lynda Burgess, City Clerk. DISCUSSION REGARDING TRANSFER FROM JONES INTERCABLE TO CENTURY CABLE: CM/Belanger - Cable legislation has limited local government's ability to negotiate certain aspects of cable franchise agreements. Also sets forth a presumption of renewal for the existing cable company. Areas of negotiations are rates, programming, franchise fees. Proposed agreement is for 10 years and system must be upgraded into two tiers. Within 2 years of contract approval, provider must install 7 fiber backbone hub sites to allow for 3 additional channels. Within 6 years of the installation of the 7 backbone hubs, provider will complete a rebuild of the cable system to not less than 550 Mhz or 78 channels (an increase of 21 channels). Special event coverage between 10 to 15 community events or financial contribution for purchase of equipment is also provided for in the proposed agreement. ACAIRudell - Renewal of the franchise and transfer of the franchise from Jones to Century are both included in the proposed franchise agreement. If the City or the franchising authority fails to act on approval of the transfer within 120 days, the transfer is deemed approved. Century would obtain the same rights that Jones currently has. In response to ClHarmony, he stated that Council could deny approval of the transfer but Council would have to make very strict and specific findings. Also could deny approval of the franchise but again would have to have very strict and specific findings. ClHarmony requested highlighting of the achievements of the negotiations to provide a much more sophisticated cable system. ACAIRudell pointed out that the achievement is the commitment to add another 21 channels by the time the system is rebuilt. ClHarmony asked who the chief negotiator was and who had the most technical expertise? Wants the system upgraded now --not 10 years from now. CMlerner - Felt Council is chief negotiator -- looking for staff to provide information on options available. MARCH 4, 1997 PAGE 2 C/Ansari - Looking for local origination programming. Would like to see a studio and a place to conduct interviews. Wants comparison of what's available in the market with what the City is being offered. C/Werner - Wants a pro forma of financial data. Tom Carlock, Legal Counsel for Jones - Problem of control over local access programming. 10-15 events per year would be only those that the City would request. Janet Spatz, General Manager, Jones Intercable - current lunchroom can be used as a studio when needed. Brea, Chino Hills and Anaheim facilities also have studios. Cost of putting together another studio in D.B. would be passed on to the subscribers. Willing to go up to 20-25 community events. C/Ansari - Requested copies of tapes of local access programming from other cities. CM/Belanger - D.B.H.S. also has a very well-equipped studio facility available. C/Werner - memo lists cities in and around the area with their rates. ACA/Rudell - Cities taking a hard position against cable companies when they are requested to review and approve a franchise transfer agreement. ADJOURNMENT: ATTEST: Ma or MIHuff adjourned the meating at 6:04 p.m. LYNDA BURGESS, City Clerk MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 4, 1997 1. CLOSED SESSION: 6:05 p.m., March 4, 1997, AQMD Room CC -2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (G.C. Section 54956.8): Property: Former Water District property, westerly side of Brea Canyon Rd. north of Pathfinder Rd. Negotiating Parties: City of Diamond Bar and Diamond Crest Estates, LLC Under Negotiation: Material terms of the agreement No reportable action taken. 2. CALL TO ORDER: Mayor Huff called the meeting to order at 6:43 p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Brownie Troops 154 and 264. INVOCATION: Pastor Dale Goddard, Calvary Chapel, Golden Springs ROLL CALL: Council Members Ansari, Harmony, Werner, Mayor Pro Tem Herrera and Mayor Huff. Also present were: Terrence L. Belanger, City Manager, Frank Usher, Assistant City Manager; Michael Jenkins, City Attorney; James DeStefano, Community Development Director; George Wentz, Public Works Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaimed March 12, 1997 as the 85th Anniversary of Girl Scouts of the USA. 3.2 Proclaimed March 16-22,1997 as "Safe Communities Week." 3.3 Presented City Tiles in recognition of services provided in organizing the City of Diamond Bar/Sanhsia Friendship Tour to Richard Callard; Nick Anis; Mei-Mei Ho; Loren Wilson, Oak Tree Lanes; .fames Chiu, Viewsonic Corporation. MARCH 4, 1997 PAGE 2 3.4 Presented Certificates of Recognition to students for "Sister City Pen Pal Contest" sponsored by Pomona and Walnut Unified School Districts - Presentations were made with the assistance of members of the Walnut Valley Unified School District Board of Trustees, Dr. Ronald Hockwalt, Superintendent and Debra Clifford, Teacher of the Year. RECESS: MIHuff recessed the meeting at 7:35 p.m. RECONVENE: M/Huff reconvened the meeting at 8:00 p.m. 4. PUBLIC COMMENTS: Jerry Hamilton spoke in support of local law enforcement officers. Lupe Garcia, 3532 Falcon Ridge Rd., preferred that tax dollars be spent on crime prevention, law enforcement, and beautification of D.B. She believed that enforcement of CC&R violations is a major abuse of the City's resources and expressed concern that the citizens volunteer patroi is not adequately equipped to assist with code enforcement issues. Don Gravdah! asked citizens to sign a petition demanding return of MWD rebates to customers of the Three Valleys Water Co. He encouraged the City to request the rebate. Debby O'Connor, Spanish Trails Girl Scout Council Service Team member, thanked Council for the 85th Anniversary of Girl Scouts of the USA Proclamation. She indicated thousands of girls from all areas of the United States will be staying at Cal Poly Pomona during the Memorial Day Weekend. She is in charge of Girl Scout cookie sales for D.B. and Walnut. With respect to Consent Calendar Item 6.6 a., she asked that staff proactively work with Lorbeer Middle School during the D.B. Blvd. rehabilitation project to insure the student's safety. Regarding Consent Calendar Item 6.13, she reminded Council and staff that Council voted on July 2, 1996 to approve the placement of proceeds of the property sale into a designated Parks Facilities fund. Don Schad stated that the City will plant approximately 120 trees at Peterson Park on Sunday, March 9, 1997. In addition, the park's facilities have sustained damage that will require repair at a substantial cost to the taxpayers. He asked citizens to please treat the parks facilities respectfully. He suggested the City install electrical conduit to replace the battery operated irrigation system with an electrical system during the Peterson Park ADA Retrofit program (Consent Calendar Item 6.7 a.). Martha Bruske reminded voters that with respect to Consent Calendar Item 6.13, the property in question apparently prevented the completion of the South Pointe Master Plan. Although many residents made heroic efforts to save Sandstone Canyon, the City apparently stood to benefit from its MARCH 4, 1997 5. PAGE 3 development and cared little for saving open space. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - March 11, 1997 - 7:00 p.m. AQMD Auditorium, 21865 E. Copley Dr. 5.2 CHAMBER OF COMMERCE/CITY OF DIAMOND BAR MIXER - March 13, 1997, 5:30 to 7:30 p.m., City Hall, 21660 E. Copley Dr. 5.3 TRAFFIC & TRANSPORTATION COMMISSION - March 13, 1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.4 TOWN HALL MEETING DEVELOPMENT CODE DISCUSSION HELD JOINTLY WITH THE PLANNING COMMISSION - March 22, 1997, 9:00 a.m. to 12 noon, AQMD Auditorium, 28165 E. Copley Dr. 5.5 PARKS AND RECREATION COMMISSION - March 27, 1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.6 CITY ANNIVERSARY CELEBRATION - April 20, 1997 - 12:00 noon to 5:00 p.m. - Peterson Park. 6. CONSENT CALENDAR: C/Ansari moved, C/Werner seconded to approve the Consent Calendar with the exception of Items No. 6.7 b. and 6.10. Motion carried by the following Roll Call vote with C/Harmony voting No on 6.13. AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - 6.1 APPROVED MINUTES - Ansari, Harmony, Werner; MPT1Herrera,M/Huff None None 6.1.1 City Council Work Session and Regular Meeting of February 4, 1997 as submitted. Continued from February 18, 1997, 6.1.2 Regular Meeting of February 18, 1997 as submitted. 6.2 APPROVED VOUCHER REGISTER dated March 4, 1997, in the amount of $711,091.69. 6.3 RECEIVED AND FILED TREASURER'S REPORT - January, 1997. 6.4 REDUCTION AND EXONERATION OF SUBDIVISION IMPROVEMENT BONDS FOR TRACT 47851 (Diamond Bar East Partners). a) Exonerated Bond No. 151305S of Developers Insurance Co. for reclaimed water b) Reduced Bond No. 139424S of Developers Insurance Co. for grading improvements to $50,000. C) Reduced Bond No. 139670S of Developers Insurance Co. for MARCH 4, 1997 PAGE 4 streambed revegetation to $50,000. d) Reduced Bond No. 151303S of Developers Insurance Co. for landscapelirrigation to $25,000. e) Directed the City Clerk to notify the Principal and Surety of these actions. 6.5 AMENDMENT OF SPECIAL LEGAL SERVICES CONTRACT WITH MICHAEL B. MONTGOMERY - Continued to March 18, 1997. 6.6 a. ADOPTED RESOLUTION NO. 97-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT FROM GRAND AVENUE TO PALOMINO DRIVE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. b. AWARDED CONSTRUCTION ADMINISTRATION SERVICES CONTRACT TO DEWAN LUNDIN & ASSOCIATES - and authorized the Mayor to enter into a Professional Services Agreement in an amount not to exceed $33,875 and provide a contingency amount of $3,500 for contract amendment(s), to be approved by the City Manager, for a total authorization of $37,375. 6.7 a. ADOPTED RESOLUTION NO. 97-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE PETERSON PARK ADA RETROFIT IN SAID CITY AND AUTHORIZING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.8 ADOPTED RESOLUTION NO. 97-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONSENTING TO THE ESTABLISHMENT OF THE PORTION OF TEMPLE AVENUE WITHIN SAID CITY AS A PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES. 6.9 ADOPTED RESOLUTION NO. 97-16: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONSENTING TO THE ESTABLISHMENT OF THE PORTION OF DIAMOND BAR BOULEVARD WITHIN SAID CITY AS A PART_ OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES. 6.11 LANDSCAPING ASSESSMENT DISTRICT NUMBERS 38,39 AND 41- MARCH 4, 1997 PAGE 5 a. ADOPTED RESOLUTION NO. 97-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1997-98. b. ADOPTED RESOLUTION NO. 97-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1997-98. C. ADOPTED RESOLUTION NO. 97-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO THE MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1997-98. 6.12 ADOPTED RESOLUTION NO. 97-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE SUBMITTAL OF A FIFTH CYCLE USED OIL RECYCLING BLOCK GRANT TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD - authorizing the City Manager to submit an application for the Fifth Cycle Used Oil Recycling Block Grant for Fiscal Years 1997-2000. 6.13 APPROVED PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DIAMOND BAR AND DIAMOND CREST ESTATES LLC-- BREA CANYON ROAD SITE - and authorized and directed the Mayor to execute said agreement. (C/Harmony voted no on this matter.) MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.7 b. ADOPTED RESOLUTION NO. 97-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE IRRIGATION AND DRAINAGE IMPROVEMENTS AT PETERSON PARK IN SAID CITY AND AUTHORIZING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.10 AWARDED CONTRACT FOR INSTALLATION OF SPORTS FIELD LIGHTING AT PETERSON PARK - to MacKenzie Electric, Inc. in the MARCH 4, 1997 rA 0 PAGE 6 amount of $199,557 pius a contingency amount of $2,000 (1%). Following discussion, C/Ansari moved, C/Werner seconded, to approve Consent Calendar Items 6.7 b. and 6.10. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEMBERS - Ansari, Harmony, Werner, MPT/Herrera, MIHuff NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None PUBLIC HEARINGS: None OLD BUSINESS: 8.1 AWARDED CONTRACT TO PROVIDE ENVIRONMENTAL MITIGATION MONITORING SERVICES FOR VESTING TENTATIVE TRACT MAP NOS. 32400 AND 52203 (ARC IEROIWOODBRIDGE PROJECT) - In response to MPT/Herrera, CDD/DeStefano stated that consulting services costs will be paid by the developer and the City will incur no related costs. Don Schad expressed concern that there may be an earthquake fault in the vicinity of the proposed construction. He reiterated his request that the project be moved easterly away from the stream and old oak trees and his wish that the area be preserved. C/Harmony requested that City conduct a study to determine whether an earthquake fault exists where construction is contemplated. CM/Belanger stated that a seismic study is required as part of the project. The Public Works Director will monitor compliance with the requirements of the Alquist-Priola law. MPT/Herrera moved, C/Ansari seconded, to approve award of Consulting Services Agreement with Michael Brandman Associates in the amount of $28,310 for mitigation monitoring services for Vesting Tract Maps for Tract No.'s 32400 and 52203. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEMBERS - Ansari, Harmony, Werner, MPT/Herrera, MIHuff NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None 8.2 ODE TO DIAMOND BAR MOUNTAIN LION SCULPTURE - QUESTIONS AND ANSWERS - The City accepted the offer to donate a mountain lion sculpture made by the Ode to Diamond Bar MARCH 4, 1997 PAGE 7 committee. Debby O'Connor, representing the Parks & Recreation Commission, stated that this item was on the February 27, 1997 Commission agenda. The Commission concurred with the need to obtain the complete answers to Councilmember Werner's questions. Speaking as a private citizen, Mrs. O'Connor reminded Council that on January 7, 1997, she asked if staff could provide a detailed breakdown of the expenses associated with the acceptance of this.gift. The breakdown provided at the February 27, 1997 Commission meeting was the first answer she had received to her question. Dori Schad said he will assist the City in stubbing out electrical from the signal control box to the site for future lighting. Council concurred to receive and file staffs report. 9. NEW BUSINESS: None RECESS TO DIAMOND BAR REDEVELOPMENT AGENCY MEETING: 8:46 p.m. RECONVENE: MIHuff reconvened the City Council Meeting at 8:49 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: C/Ansari stated that she met with local government officials in Sacramento on Monday, March 3, 1997 to address concerns about how local cities can get more monies returned from the Federal government. She encouraged Council to attend a legislative subcommittee meeting April 11, 1997 at the Davidson Center. Further, she announced that she is planning a Business Development Conference for the San Gabriel Valley. MIHuff stated C/Ansari was re-elected SCAG Area Representative. The Grade Crossing Study indicates that over the next 20 years, freight through the San Gabriel Valley will triple. SCAG is working to secure approximately $950 million in funding to implement strategies to remedy the situation. 11. COUNCIL COMMENTS: C/Ansari stated that she and C/Harmony attended the Girls Softball opening season. The organization enjoys 360 participants. She is working to obtain Congressional re -authorization of the ISTEA bill. She urged citizens to write their Congressmen asking that California's fair share of monies be returned and emphasize that transportation and highways will be greatly impacted by lack of funds. She also asked residents to advise Council Members when they encounter problems that affect the City. MPT/Herrera reiterated congratulations to students receiving awards for their Sister City letters. She thanked Nick Anis for his participation in the Sister City activities. She invited the public to attend her Sister City trip discussion in the City Hail Conference Room on Wednesday, March 5, 1997 from 10:00 a.m. to 11:30 a.m. MARCH 4, 1997 PAGE 8 C/Harmony announced that he would attempt to file a temporary restraining order against Council Member Werner on Wednesday, March 5, 1997. 12. ANNOUNCEMENTS: None 13. ADJOURNMENT: There being no further business to conduct, MIHuff adjourned the meeting at 9:02 p.m. LYNDA BURGESS, Ciiy Clerk ATTEST: