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HomeMy WebLinkAbout10/3/1989 Minutes Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 3, 1989 CLOSED SESSION Closed session convened at 5:00 p.m. for discussion regarding Personnel. REGULAR SESSION CALL TO ORDER: Mayor Papen called the meeting to order at 6:00 p.m. in the Council Chambers, W.V.U.S.D., 880 S. Lemon Avenue, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance ALLEGIANCE: by Councilman Werner. ROLL CALL: Mayor Papen, Mayor Pro Tem Horcher, Councilmen Miller, Werner and Forbing. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski and City Clerk Lynda Burgess. COUNCIL COMMENTS: All members of the City Council complimented the Ranch Festival Board of Directors and all others i involved on the fine job they did in putting together the Ranch Festival. C/ Werner introduced his parents in-law, Ed and Annette Furman from Linhurst, Ohio and welcomed them to Diamond Bar. He then stated that on September 25th, he participated in a Ride -Along with the L.A. County Sheriff's Department and strongly encouraged other members of the Council to participate in this program. He complimented their professionalism and the courage required for the Sheriffs to carry out their duties. CM/ Van Nort introduced Assistant Fire Chief Bob Lee who will be replacing Fire Chief Jones. PUBLIC COMMENTS: Don Shad, 1824 Shaded Wood Road, Walnut, presented a photograph of Sand Stone Canyon to the Council which shows a large scar left over from the con- struction work done by Arciero. As a member of his homeowners' association, he requested inform- ation regarding how to get this area seeded. He pointed out that when the rains get heavy, the school will probably suffer from this. M/ Papen referred this matter to staff for investigation. OCTOBER 3, 1989 PAGE 2 Mr. Gary Neely referred the Council to paragraph 4.1 of the agreement with the County of San Bernardino regarding opening of Grand Avenue. This paragraph indicates that all parties agree to fully cooperate and to use their best efforts to cause the construc- tion of Tonner Canyon Road to be completed through Chino Hills and through the City (Diamond Bar) by January 1, 1994. It further indicates that these efforts will be directed toward the formation of a joint benefit assessment district for funding and construc- ting Tonner Canyon Road. He questioned who would be assesped and pointed out that it doesn't appear that developers would be assessed because the agreement doesn't state "developers' fees." Further, the only re- maining undeveloped property in Diamond Bar that the road crosses which is the 800 acres in Tres Hermanos Ranch owned by the City of Industry's Redevelopment Agency. He stated that the City of Diamond Bar cannot force the Redevelopment Agency to accept an assessment district. The CA/ explained that the point being made in that portion of the settlement agreement was an understanding between the City and the County to try whatever possible to construct Tonner Canyon Road realizing that neither agency has the funds to do so at this time. The assessment district would be upon the undeveloped properties that would be utilizing that road. C/ Miller pointed out that legal counsel on both sides of the issue reviewed the legality of assessing that property and have deter- mined that there is a reasonable chance to assess that property. It has been done before. Mr. Roger Myer, 2634 Crooked Creek Dr., requested an indication from the Council as to future plans to install a traffic signal at Pathfinder and Brea Canyon Road. M/ Papen stated that consideration is being given to forming a group of citizens to work on a traffic committee to prioritize the OCTOBER 3, 1989 PAGE 3 intersections. At this time, there are no funds for installation of a signal at that location. Staff was directed to work with the Traffic Engineer on this matter. CONSENT CALENDAR: CM/ Van Nort announced that there will not be a discussion regarding Solid Waste on the October 17 meeting but that two additional hearings will be scheduled at schools at each end of town. These hearings will be announced in the paper. CM/ Van Nort stated that it is necessary to amend the Warrant Register dated October 3, 1989 from $53,903.11 to $53,883.11. M/ Papen requested information regarding the warranty period included in the proposed contract with Computer Applied Systems. CA/ Arczynski stated that there would be other minor corrections made to this agreement but pointed out that the 90 day warranty referred to is the Vendor's warranty in addition to the manufacturer's warranty which is traditionally six months to one year. - C/ Forbing moved, seconded by MPT/ Horcher to approve Consent Calendar Items 1 through 9 and 12 and to withdraw Item 5. Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Forbing, Miller, Werner, MPT/ Horcher, M/ Papen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Warrant Register Approved Warrant Register dated October 3, 1989 in the total amount of $53,883.11. Resolution 89-95 Adopted Resolution No. 89-95 Establishing an Address for the Receipt of the United States Mail. Resolution 89-96 Adopted Resolution No. 89-96 Expressing Opposition to the Recent National League of Cities' Position on the Home Mortgage Interest Deduction. City Logo Approved design and color scheme as presented by C/ Forbing. Code Enforcement Approved recruitment and employment of one part - Officer time Code Enforcement Officer at the rate of $13 - $16 per hour without benefits. OCTOBER 3, 1989 PAGE 4 Exoneration of Accepted completion of storm drain/drainage Storm Drain Bond improvements to Private Drain No. 2060, Parcel 3 of Parcel Map No. 8174 and exonerated surety bond in the amount of $87,000. Exoneration of Accepted completion of sanitary sewer Sanitary Sewer improvements for Private Contract No. 10551, Improvement Bond Tract No. 42572, accepted the sanitary sewer for public use and exonerated the bond in the amount of $47,000. OLD BUSINESS: Carlton J. CM/ Van Nort stated that this was reviewed by Peterson Park the Council at their September 19 meeting and at the recommendation of the Engineer, Ron Kranzer & Associates, it was continued to this meeting. The Engineer has made an alternate recommendation and the Park Committee, comprised of C/ Miller and Cl Forbing met to discuss this matter. Mr. Bob Morgenstern of Ron Kranzer & Associates stated that two options have been developed: 1. Award contract to General Procurement eliminating the following items: #4, 5, 6, 7, 13 and 14 for storm drain, #12 parking lot modifications, #15 raised planters, #17 flagpole #18 parking lot striping #19 room addition This would result in a new low bid of $431,505.96. He pointed out that an additional $5,000 would have to be set aside for the elongation of the Swale along the base of the hill and suggested re -bidding for the room addition. 2. Direct Kranzer & Associates to re- evaluate and modify the plans and specifications in an effort to reduce the cost of the project without sacrificing the standards. ---, OCTOBER 3, 1989 PAGE 5 Mr. Morgenstern then recommended that the City award the contract to General Procurement Company in Costa Mesa for bid items #1, 2, 3, 8, 9, 10, 11, 16, 20, 21 and 22 for a total contract price of $431,505.96. The contractor is in agreement with these terms. In response to C/ Werner's question as to whether the elongation of the swale and other modifications would have any effect of the running track to be included in Phase III, Mr. Morgenstern replied that any effect would be minimal. Ms. Kari Stellino, 1024 Milky Way Place, stated that she has spoken with several members of the Council and expressed her concern that it has taken so long to get started on this park. She also expressed concern about vehicles going over the edge of the freeway and ending up on the park in an area where small children frequently play. CA/ Arczynski pointed out that a letter had recently received a letter from Caltrans dated 15 days after CM/ Van Nort wrote to them about the problem. Caltrans has agreed to.install a guardrail from the east end of Golden Springs Drive bridge to 50 feet beyond the end of the embankment to protect the part users as well as freeway motorists. This is expected to be installed before February 1990. Ms. Stellino expressed her appreciation for the City's efforts in this matter but stated that a guardrail is only a beginning to protecting the people in the park. She felt that a guardrail would not stop a "mack" truck on a downgrade from ending up on top of someone in the park. Ms. Ranell Shipey, 1203 Napoli, Pomona, asked whether the items that are being eliminated from the bid will be added to Phase III. C/ Miller explained that the main items being removed are the room addition which will be re -bid for a lower price and storm drain which will result in adding on to the current system rather than installing new. OCTOBER 3, 1989 PAGE 6 Mr. Don Shad stated that he had measured sound levels in the park and distributed copies of his test information to the Council. He explained that the noise is amplified in the park from freeway traffic in both directions and that consideration of landscaping to buffer the noise would not be sufficient. He suggested a concrete tilt -up wall with reinforcing steel or an 8" wall sufficiently high enough to block the sound. M/ Papen suggested that staff work with the Traffic Engineer and Caltrans to see if additional improvements could be made. Mr. Gary Neely stated that the park is poorly designed and that if there was less concrete, there could be three soccer fields and softball fields on the park, plus tennis courts and a running track. He further commented that the Council should not have gone out to bid on this project without having public hearings. He also suggested that the road through the parking lot should be one way with horizontal parking which will allow for much more parking. Mr. Al Rumpilla explained that the last car that went over the embankment stopped within four feet of the fence that is presently there. Fortunately, there were no injuries. He suggested that the Council request Caltrans to construct a wall in addition to the guardrail or that the City consider constructing such a wall. In response to M/ Papen's question, CM/ Van Nort replied that funds for such a wall would have to come from the General Funds of the City. Following discussion, staff was directed to work with Caltrans in the construction of a better barricade. It was moved by C/ Miller, seconded by C/ Forbing to award the bid to General Procurement eliminating items 4, 5, 6, 7, 12, 13, 14, 15, 17, 18 and 19 in an amount not to exceed $431,505.96 including the deletion of the chain link fence. Motion carried by the following Roll Call vote: OCTOBER 3, 1989 PAGE 7 AYES: COUNCILMEN: Forbing, Miller, Werner, MPT/ Horcher, M/ Papen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None PUBLIC HEARINGS: CA/ Arczynski reported that this was the time established by the City Clerk to conduct a Resolution 89-97 hearing on the adoption of a Conflict of Conflict of Interest Code for specified City personnel. Inrterest Code The Political Reform Act requires each City to adopt its own Code with respect to those employees not already covered by State law. He added that the Park and Recreation Commission will be added in the near future under Disclosure Category 1. M/ Papen opened the Public Hearing. Mr. Al Rumpilla requested clarification on the terms "professional services" and "bidding of contracts." He questioned whether this category would be covered under the Code. CM/ Van Nort responded by saying that professional — services will be included and pointed out that the Resolution states that "with respect to consultants, the City Manager shall determine in - writing if a particular consultant performs a range of duties requiring disclosure..." He added that those providing services such as Planning Consultant, Building Official or Building and Safety and City Engineer will be required to file a Statement. There being no further public testimony, M/ Papen closed the Public Hearing. It was moved by MPT/ Horcher, seconded by C/ Werner to adopt Resolution No. 89-97 Establishing a Conflict of Interest Code for Designated City Personnel. Motion carried unanimously. ANNOUNCEMENTS: C/ Miller stated that there may be recommendations on the next meeting agenda regarding the fencing at Peterson Park. C/ Werner requested that the speed analysis and no through truck traffic on Grand Avenue analysis being conducted by Kranzer and Associates be completed as soon as possible. OCTOBER 3, 1989 PAGE 8 M/ Papen commented that a report from the ' Planning Committee regarding setback requirements will be placed on the agenda for October 17, 1989. AWOURNMENT: There being no further business, M/ Papen declared the meeting adjourned to October 11, 1989 at 4:00 p.m. for a Personnel session. Re pectfully.submitted, Lynda Burgess, C C City Clerk ATTEST: ada y°qa&, �2 PhylYis Papen Mayor