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HomeMy WebLinkAbout02/05/1991 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 5, 1991 CALL TO ORDER: M/Werner 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 Mayor Werner. ROLL CALL: Mayor Werner, Mayor Pro Tem Forbing, Councilmen Nardella, Papen and Kim. Also present were City Manager Robert L. Van Nort, Assistant City Manager Terrence L. Belanger, City Attorney Andrew V. Arczynski, City Planner James DeStefano, City Engineer Sid Mousavi and City Clerk Lynda Burgess. COUNCIL COMMENTS: C/Papen expressed appreciation for Congressman David Dreier's assistance with the City's dual zip codes and stated that a letter had been received indicating that within two weeks, "Diamond Bar" could be used in mailing addresses for the 91789 zip code area. M/Werner stated that a successful rally had been held on Grand Ave. and Diamond Bar Blvd. on January 25th in support of the troops in the Persian Gulf and commended D.B. High School and the participants for keeping the rally clean and legal. PUBLIC COMMENTS: Mr. David H. Cope, 316 S. Del Sol Ln, spoke regarding excessive spending by the City for reports.and not listening to the will of the people. Ms. Janet Spatz, General Manager of Jones Intercable, 20965 Lycoming St., presented the City a check representing the final franchise fee for 1990 in the amount of $53,932.71 and thanked the Council for their cooperation. Mr. Michael Goldenberg, 1859 Morning Canyon Rd. spoke in regard to the increasing costs of City management and administration and the computer network system proposed by City staff. Following discussion, Council directed the City Manager to prepare a report on staffing needs for the next 12 months. I 9 ' Mr. Red Calkins, 240 Eagle Nest Dr., spoke regarding water rationing. He requested information as to what office buildings and FEBRUARY 5, 1991 PAGE 2 businesses in the area are doing to reduce water consumption and the feasibility of desalinization plants. M/Werner stated that the Water District is looking at policies and would present them to Council at the next meeting. CONSENT CALENDAR: C/Nardella moved, seconded by MPT/Forbing to approve the Consent Calendar with the excep- tion of Item No. 13, Public Finance Advisors Contract. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Nardella, Papen, Kim, MPT/Forbing, M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Approval of Approved Minutes of Regular Meeting of Minutes January 15, 1991. Warrant Register Approved Warrant Register dated February 5, 1991 in the amount of $472,330.41. Treasurer's Report Approved Treasurer's Report for the month of December, 1990. Traffic & Trans. Received and filed Traffic & Transportation Comm. Minutes Commission Minutes of December 13, 1990. Parks & Rec. Received and filed Parks & Recreation Comm. Minutes Commission Minutes of October 25, 1990, November 8, 1990 and December 1, 1990. Planning Comm. Received and filed Planning Commission Minutes Minutes of October 22, 1990, November 26, 1990 and December 10, 1990. Resolution 91-05 Adopted Resolution No. 91-05 entitled: A Rqstg. Bd. of RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Sups. to Accept DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD Transfer & OF SUPERVISORS OF THE LOS ANGELES COUNTY Conveyance of FLOOD CONTROL DISTRICT OF THE STATE OF Storm Drain Imps. CALIFORNIA TO ACCEPT ON BEHALF OF SAID Private Drain DISTRICT A TRANSFER AND CONVEYANCE OF STORM No. 2156 DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 2156 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND „^ IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. FEBRUARY 5, 1991 PAGE 3 Resolution 91-06 Adopted Resolution No. 91-06 entitled: A Rqstg. Bd. of RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Sups. to Accept DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD Transfer & OF SUPERVISORS OF THE LOS ANGELES COUNTY Conveyance of FLOOD CONTROL DISTRICT OF THE STATE OF Storm Drain Imps. CALIFORNIA TO ACCEPT ON BEHALF OF SAID Private Drain DISTRICT A TRANSFER AND CONVEYANCE OF STORM No. 1820, Unit I DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1820 UNIT I IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. Resolution 91-07 Adopted Resolution No. 91-05 entitled: A Rqstg. Bd. of RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Sups. to Accept DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD Transfer & OF SUPERVISORS OF THE LOS ANGELES COUNTY Conveyance of FLOOD CONTROL DISTRICT OF THE STATE OF Storm Drain Imps. CALIFORNIA TO ACCEPT ON BEHALF OF SAID Private Drain DISTRICT A TRANSFER AND CONVEYANCE OF STORM No. 1983 DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1983 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. Claim for Damages Denied Claim for Damages filed by Mary Hunt. Mary Hunt Award of Bid - Awarded bid for installation of traffic Traffic Signal signal at Golden Springs Dr. and Sunset Golden Springs Crossing to Raymor Electric Company, Inc. of & Sunset Crossing Baldwin Park, in the amount of $51,787. Traffic Signal - Concurred with recommendation of the Traffic Grand Ave. & and Transportation Commission and authorized Rolling Knoll staff to proceed with design and bid process. City Memorabilia Approved concept of selling of City memora- bilia. Public Finance CM/Van Nort stated that the purpose of the Advisors Contract agreement is to review, at no cost to the City, unless bonds are issued, the City's ability to acquire funds to construct facilities and acquire sites. Mr. Clair Harmony, 24139 Afamado, stated that these types of companies usually require that they provide the bonds and that the Council may not have the option of dealing with another company. FEBRUARY 5, 1991 PAGE 4 C/Papen moved and M/Werner seconded to con- tinue this matter until such time as Council has a better understanding of the time frame. Mr. Frank Dursa, 2533 Harmony Hill Dr., spoke in opposition to the contract. Following discussion, motion carried to con- tinue the matter to the next Council meeting by the following Roll Call vote: AYES: COUNCILMEN - Papen, Nardella and Mayor Werner NOES: COUNCILMEN - Kim and MPT/Forbing ABSENT: COUNCILMEN - None SPECIAL PRESENTATIONS: Certificate of M/Werner presented Jeff Fuller with a Recognition Certificate of Recognition for saving the life of a two-year-old child. Proclamation - Proclaimed the month of February, 1991 as February, 1991 "National Community College Month" and pre - "National sented Mr. Stu Van Horn of Mt. San Antonio Community College with the Proclamation. College Month" Chino Hills Mr. Doug Sparks with the Chino Hills Incorp. Committee Incorporation Committee introduced Karen Bristol, Director, Glenn Norton Parrish, publicist, Fred Haney, legal counsel and Paul Hudson, chairman. Mr. Sparks stated that Chino Hills is the largest master planned community in Southern California and covers approximately 46 sq. miles. He made a slide presentation and stated that they were hoping to have the incorporation issue on the November, 1991 ballot. Operation Desert Administrative Analyst Troy Butzlaff reported Storm that many local governments, including the City, have received requests by citizens asking for the development and/or implementation of support programs to deal with the impact of the Persian Gulf crisis. Staff was directed to develop several viable alternatives to express the City's support. Alternatives include but are not limited to: adopting a resolution in support of our military personnel or a specific military unit; proclaiming a certain day or week as "Armed Forces Day/Week;" lowering the flags at City Hall and other civic facilities to half-mast to honor the military personnel FEBRUARY 5, 1991 PAGE 5 killed in action; and/or flying the POW -MIA flag at City Hall to remember those members of the military captured or listed as missing in action. He further stated that the pur- pose of supporting a particular activity is not to condone the use of force but to express the community's unequivocal support of our military personnel. Mr. Clair Harmony, 24139 Afamado, spoke in favor of the Council adopting a resolution in support of Operation Desert Storm. He also requested the City's assistance in prohib- iting illegal solicitation by an organization called "American National Veterans Incorporated." Capt. McCown stated that the Sheriff's Department had previously acted on this matter and that one individual had been cited and another arrested. Mr. Ed Shiltz, a resident of Diamond Bar, stated that his son is serving in the Persian Gulf and that he has formed a support group for families of the troops. His phone number is 595-3931 and he invited families with members in the Persian Gulf to call. Mr. Joe McManus stated that The Edit Shop had videotaped and interviewed some of the par- ticipants during the rally and had edited two 6 1/2 minute videos that were sent to the Persian Gulf. He further stated that interested persons may view the tape at The Edit Shop. M/Werner moved, C/Kim seconded to adopt Resolution No. 91-08 with appropriate amendments. MPT/Forbing read the Resolution. CM/Van Nort recommended that the fourth paragraph be amended to include the 1182nd Airborne as well as other units." Motion carried unanimously. C/Papen read the proposed Proclamation. M/Werner then proclaimed the week of February 11 through 17, 1991 as "Yellow Ribbon Week." FEBRUARY 5, 1991 PAGE 6 C/Papen suggested that the Proclamation be amended to add the words "and daughters" in the third paragraph. Further, she suggested that our servicemen be honored during the Second Anniversary Celebration. RECESS: M/Werner declared a recess at 7:37 p.m. RECONVENED: M/Werner reconvened the meeting at 7:50 p.m. NEW BUSINESS: Vehicle Theft Capt. McCown introduced Deputy Larry Luter, Decal Program Crime Prevention Officer, Sgt. Steve Webb, Crime Prevention Sergeant; Warren Wright, Team Sergeant and Team Lt. Mike Muravez, who had just arrested two persons in the parking lot trying to break into one of the cars. Capt. McCown described the CAT (Combat Auto Theft) program. Through a contract with the Walnut Sheriff and after ownership verifica- tion is obtained, a decal would be affixed to the inside of the rear window of a person's car. The decal would indicate that the persons signing the contract understand that they are subject to be stopped by a patrol car anytime between 1:00 a.m. and 5:00 a.m. to verify that the car is not stolen. In response to M/Werner's inquiry, Capt. McCown indicated that other police agencies would recognize the decal. At the request of C/Nardella, Capt. McCown stated that costs are handled through the Automobile Club of Southern California and volunteers are used to man the program. M/Werner asked how the program would be implemented once the Council approves it. Capt. McCown stated that they would work with the Automobile Club, the Crime Prevention Unit and the City. Photo sessions would be scheduled, notices would be publicized and invitations sent. Capt. McCown then announced that three officers from the San Dimas/Walnut Regional Command are in Saudi Arabia. In recognition, all squad cars have yellow ribbons and a blood drive was held on February 5, 1991 in which 60 pints of blood were donated to the American Red Cross for the soldiers in the Gulf. FEBRUARY 5, 1991 OLD BUSINESS: PAGE 7 C/Papen moved, C/Nardella seconded to authorize the Sheriff's Department to include the City in the Combat Auto Theft (CAT) Program. Motion carried unanimously. Emergency ACM/Belanger presented a timeline for comple- Preparedness tion of the various tasks required for a wholly -integrated emergency preparedness program. Ordinance 8A Matter continued to February 19, 1991. (1990) Ranch Festival CM/Van Nort stated that the organization sponsors an annual event for the purpose of promoting a "community feeling" in the City, to give other non-profit groups an opportun- ity to raise monies, to give businesses a chance to display and sell products and services and to distribute profits to local non-profit groups. Planning for the event is a year-long process and is directed by a 15 - member, all -volunteer board. He further stated that he had met with the President of the Board and that they are seeking assist- ance from the City to provide a cooperative framework so that the City and the Committee can work together in promoting the festival in following years. He recommended that Council appoint a two member sub -committee to meet with him and the Ranch Festival and bring the details back for further discussion by Council. C/Papen stated that she would be concerned with the City assuming responsibility and liability for this event. While she fully supports the Ranch Festival, she does not feel that the City is in a position to become a fundraiser for other non-profit organiza- tions. C/Nardella stated that he believed that the Committee was not looking for the City to take over the project, but to work hand-in- hand with the Committee as L.A. County did before Incorporation. He supported CM/Van Nort's recommendation. Following discussion, M/Werner asked for volunteers from the Council to serve on a sub -committee to meet with CM/Van Nort and FEBRUARY 5, 1991 PAGE 8 the Ranch Festival Committee. C/Papen and MPT/Forbing volunteered. Reorganization C/Nardella opened the discussion by stating that at a prior meeting, it was announced that notification had been received that the Board of Supervisors approved the City's request to consolidate elections with School District elections in November of odd - numbered years. Based on this, the Council would be required to reorganize. C/Papen recommended a one-year term commenc- ing in December; however, the current term should be continued until the first meeting in April, with the next rotation in December and each December thereafter. C/Papen moved, C/Nardella seconded to con- tinue this term until the first meeting in April, whereupon rotation would occur until December, and at that time, rotate again to a one-year cycle. With consensus of Council, the motion carried. C/Nardella moved, C/Papen seconded to nomin- ate MPT/Forbing for Mayor effective the first meeting in April. There being no other nom- inations for Mayor, nominations were closed. With consensus of Council, the motion carried. MPT/Forbing moved, M/Werner seconded to nom- inate C/Kim as Mayor Pro Tem effective the first meeting in April. There being no other nominations for Mayor Pro Tem, nominations were closed. With consensus of Council, the motion carried. American CM/Van Nort stated that a request had been Communities for received from the City of Alhambra to join Cleanup Equity American Communities for Cleanup Equity. Alhambra, along with 14 other cities, is involved in the "Operating Industry's landfill suit" and is asking for the City's support in seeking an amendment to the Federal Superfund law for the purpose of limiting exposure to cities. He recommended joining the ACCE. C/Nardella stated that he was concerned that it was nothing more than a lobbying organiza- tion and asked what progress has been made. FEBRUARY 5, 1991 Resolution 91-09 Approving Plans & Specs. for 1990-91 Slurry Seal Program PUBLIC HEARING: PAGE 9 C/Kim suggested that this matter be tabled based on the fact that Diamond Bar is consid- ered a "bedroom community" and would not be involved in hazardous waste disposal so there should be no need to join the organization. MPT/Forbing was opposed to C/Kim's motion. Mr. Joe McManus was opposed to joining the ACCE. C/Kim moved C/Papen seconded to table this matter to provide exploration of other options in concert with Congressman Dreier, EPA agencies and other cities. Motion carried by 4 to 1; MPT/Forbing voted No. CE/Mousavi reported project for Area 1. Engineer's estimate Gas Tax funds. on the 1990-91 Slurry He stated that the is under $132,000 from C/Kim requested a written City policy be presented regarding liquidated damages. MPT/Forbing moved, seconded, -.by M/Werner to adopt Resolution No. 91-09- Motion carried unanimously. 1991-92 Commun. CP/DeStefano reported on the 1991-92 Development Development Block Grant Program and stated Block Grant that this year, the City is expecting to Program to receive approximately $463,000 based upon the formula. Following discussion, M/Werner opened the Public Hearing. Mr. Frank Dursa, 2533 Harmony Hill Dr., suggested that the D.B. Senior Citizens Club should have been contacted directly regarding this issue. CM/Van Nort stated that the D.B. Lively Sr. Citizens Club had been contacted and were aware of the Hearing. Mr. Clair Harmony asked if the land that is being bought with the Community Development Block Grant could be used for more common purposes such as a City Hall complex/park with the Sr. Citizens center located on it. FEBRUARY 5, 1991 PAGE 10 PD/DeStefano stated that the development of the City Hall complex is not a permissible activity under federal guidelines. Mr. Harmony then asked if the CDBG money could be used with other monies to purchase common property. PD/DeStefano stated that the funding mechanisms have to remain in separate accounts and as far as he is aware, there is no co -mingling of funds permitted. Mr. Harmony stated that it can be used for leverage on a larger purchase without co - mingling funds. With no further testimony offered, M/Werner closed the Public Hearing. In response to M/Werner's question, CP/ DeStefano stated that he was unaware of any particular types of housing projects that would qualify under the present specifications. M/Werner suggested using a small portion to support the "Wings" program. CA/Arczynski suggested that a number be allocated to the contingency account, based on the fact that it is unknown at this time whether or not this program would qualify under the HUD CDBG guidelines. C/Kim stated that he would like to see increased contingency and decreased land acquisition. MPT/Forbing moved C/Kim seconded to approve the proposed project and recommendations as provided and direct these materials to be forwarded to the Community Development Commission and adopt the attached requirements to be used in evaluating future planning eligibility proceedings. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - NOES: COUNCILMEN - ABSENT: COUNCILMEN - Papen, Kim, Nardella, Mayor Pro Tem Forbing and Mayor Werner None None FEBRUARY 5, 1991 PAGE 11 ANNOUNCEMENTS: C/Kim proposed that, due to increased traffic and maintenance of Grand Ave., consideration be given to making Grand Ave. a toll road. He also requested that the City Attorney look into ramifications of having a toll booth on Grand Ave. In addition, he requested that staff look into taking over the Country Club. I C/Papen asked for further discussion on the City computers and requested that a sub- committee be appointed. C/Nardella and M/Werner volunteered for said sub -committee. C/Papen requested staff to make suggestions on ways to alleviate gang violence. C/Nardella stated that staff might get in touch with the Sheriff's Department and the SANE program to see what is being done. He further encouraged all community groups and citizens to participate in "Yellow Ribbon Week." M/Werner asked for Council support for prep- aration of a letter on behalf of the California Contract Cities Assn. to be sent to the Legislature in support of SB 76. The bill is intended to unfreeze the 10% property tax that has been withheld from cities. No objections were indicated. M/Werner congratulated Mayor -Elect Forbing and Mayor Pro Tem -Elect Kim. CLOSED SESSION: With no further business to conduct, M/Werner recessed to Closed Session at 9:08 p.m. for discussion of Personnel matters. ADJOURNMENT: M/Werner reconvened the meeting at 9:40 p.m., declared that there was no reportable action taken and adjourned the meeting at 9:40 p.m. in memory of Fire Fighter Specialist James Howe who lost his life in the line of duty. LYNDA BURGESS, City Clerk ATTEST: M or