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HomeMy WebLinkAbout01/18/1994 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 18, 1994 1. CALL TO ORDER: M/Werner called the meeting to order at 7:00 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Werner. ROLL CALL: Mayor Werner, Council members Ansari and Miller. Mayor Pro Tem Harmony and Councilmember Papen arrived at 7:05 p.m. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. PRESENTATION ON EARTHQUAKE PREPAREDNESS: P h i 1 Armentrout, the City's Disaster Preparedness Officer presented a brief overview of D.B.'s efforts regarding the recent earthquake and the surrounding area and briefly described the following programs in place to respond to these disasters: the Multi -hazard Functional Plan; the Neighborhood Emergency Action Team; the Emergency Resource List and development of a Mobile EOC. He stressed the importance of the City and City staff to properly train to respond to disasters, with emphasis on senior citizens since they are a target hazard during an earthquake. He also stressed the importance of creating a volunteer program for citizens in the community to assist in emergency situations. CITY ATTORNEY UPDATE ON LITIGATION MATTERS: ICA/Montgomery reported that there would be a need for Closed Session to discuss a settlement proposal relating to the litigation involving Diamond Bar Associates, as well as an update on Ordinance No. 4. CM/Belanger, regarding the Council's request at the January 4, 1994 meeting for a second opinion relating to the validity of Ordinance No. 4 and any action taken on reliance of Ordinance No. 41 reported that Katherine E. Stone, an attorney affiliated with the firm of Myers, Widders and Gibson, indicated that it is likely that the court would find that Ordinance No. 4 is pre-empted by State law, and therefore invalid; however, even if it is found invalid, land use permits granted pursuant to Ordinance No. 4 are valid unless challenged in a court of law with an applicable statute of limitations. 2. PUBLIC COMMENTS: Tom Van Winkle, 21183 Gerndal, concerned with the recent earthquakes, noted that the reason D.B. allowed clustering for open space was because most of the canyons are unstable. He complimented ICA/Montgomery in settling four lawsuits out of court. JANUARY 18, 1994 PAGE 2 Linda Graves, 1147 N. Del Sol Ln., expressed concern for the location of the proposed Material Recovery Facility in the City of Industry. Nancy Villalobos, 27810 Decorah, supported the capabilities of ICA/Montgomery in representing the City in legal matters. She requested the resignation of Council Members Papen and Miller. Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., suggested that the Council establish a definite time to adjourn regular meetings, and if needed, call an emergency meeting the next day. She expressed support of ICA/Montgomery. She stated that the reason for the recall efforts of Council Members Papen and Miller is because of their lack of representation and respect for the community. Red Calkins, 240 Eagle Nest Dr., expressed concern that the Council is still not conducting City business appropriately and that the City's Code Enforcement Officer is not doing his job adequately. Frank Dursa, 2533 Harmony Hill Dr., stated that only a -- few people met his challenge to donate $100 to the Friends of the Library. He inquired where the monies from Proposition A have been utilized and expressed support of the recall efforts against Council Members Miller and Papen. Robert Gannon, 2641 Rising Star Dr., opposed the proposed Hamburger Hamlet at the Country Hills Towne Center. He stated that the north end of the Center is being over -developed, thus destroying the existing neighborhood. He suggested the City establish a Citizens Oversight Committee for the Planning Department. CM/Belanger reported that Tom Wolff, representing Country Hills Towne Center, indicated that Hamburger Hamlet has officially determined not to go through the development of a restaurant at the Center. Max Maxwell, 3211 Bent Twig Ln. announced a meeting scheduled at Whittier College on March 18-19, 1994 relating to the Chino Hills Corridor. He requested that the City conduct an investigation determining if C/Miller has an interest in the South Pointe Master Plan. He also requested an investigation of C/Papen's interest in the City's purchase of the four acres in the South Pointe area. He expressed support of ICA/Montgomery's capabilities to advise the City on legal matters, as well as the recall efforts of Council Members Papen and Miller. C/Papen noted that the purchase of the four acres JANUARY 18, 1994 PAGE 3 indicated by Mr. Maxwell is of public record. Albert Perez, Esq., 703 Pantera Dr., confirmed that he is the attorney now representing all of ICA/Montgomery's old cases involving the D.B. Citizens. He expressed concern with con- conflicts occurring on the City Council and in the community and stressed the importance of working together. He then expressed concern that the Pantera neighborhood will not be able to support the traffic that will occur from what appears to be the development of a sports complex in Pantera Park. CM/Belanger stated that a workshop has been held, in a series of workshops, relating to planning Pantera Park. At this time, staff and the consultant are seeking comments from the community regarding the ultimate design. Stephen Nice, 2621 Rising Star Dr., expressed support for the recall efforts of Council Members Miller and Papen. He commended ICA/Montgomery in his sound legal advice to the City. C/Miller stated that he is trying to do his job as a iCouncil Member and hopes that the City can begin to work together in the best interest of the community. He expressed concern that many statements are being made without any evidence or support behind them. M/Werner encouraged the community to keep comments constructive and positive so that the Council can make appropriate decisions in the best interest of the community. Don Schad, 1824 Shaded Wood Rd., requested a meeting with C/Miller to clarify facts regarding his business dealings in the development of other communities which appear contrary to his attitude and activities within D.B. He expressed disappointment that the confrontation with C/Papen interfered with his right to petition the government. He inquired why only seven recall signs, of the hundred taken, were returned to him after the ruling that recall signs could remain until the conclusion of the recall time frame. He expressed support for the recall of Council Members Papen and Miller. Betty Chamberlain, 21302 Espada, requested that the City Council address the process of allowing posters regarding political issues during the Christmas season. She stated that it is inappropriate for the audience to attack members of the Council while conducting City business. She suggested that the City consider a mediator to help resolve some of the issues constantly being readdressed. M/Werner, in response to Ms. Chamberlain, reviewed the JANUARY 18, 1994 PAGE 4 standards regarding temporary signs as indicated in the Sign Ordinance. Lydia Plunk, 1522 Deerfoot Dr., stated that the political in -fighting has interfered with the positive vision of the future of D.B., and has hurt the reputation of the City. William Gross pointed out that C/Miller does not make himself available to discuss issues with citizens as he has indicated. He stated that Council Members Miller and Papen are the reason the City does not have a General Plan. He requested that the Council address the issue of certain Council Members threatening lawsuits during Council meetings. He stated that there needs to be a plan developed to move the City forward in the direction the community desires. Tom Ortiz stated that he likes the new agenda format indicat-ing the agenda item, recommended action and the person who requested the item. George Barrett expressed support of ICA/Montgomery's capabilities. He requested C/Miller to publicly announce the principals of RnP Development. Joe McManus stated that it is improper for citizens to use the Public Comment forum to lobby their recall efforts. He indicated that ICA/Montgomery has wasted the taxpayers money because of the necessity of obtaining a second opinion on the validity of Ordinance No. 4 from another attorney, particularly when a court of law already made a decision on the issue. 3. COUNCIL COMMENTS: C/Papen expressed disappointment that Hamburger Hamlet has chosen not to develop in the City. She suggested that it may not be prudent to consider a Redevelopment Agency and/or hiring a consultant for Economic Development at this time, since the message being given by the public to the business community is that it may not be wise to invest in D.B. She discussed campaign contributions given to Council Member candidates during elections and the appearance of conflicts of interest. She also expressed concern that the Council has hired ICA/Montgomery, one of the most political attorneys in So. Calif. C/Miller, in response to public comments made, pointed out that ICA/Montgomery did not win any lawsuits for the City, but resolved lawsuits he originally represented. He stated that recall signs placed on private property will be removed. He requested that comments regarding his wife and family not be made during Council meetings. He stated that he would prefer to work with the present City Council and to move the City forward in a positive JANUARY 18, 1994 PAGE 5 way. C/Ansari stressed the importance of getting on with business. She made the following announcements: the General Plan Advisory Committee (GPAC) will meet on the second and fourth Tuesday of each month at 7:00 p.m. at the Heritage Park Community Center; a budget hearing is scheduled for February 1, 1994 regarding the Library; and the Friends of the Library have scheduled a Wine and Cheese Fundraiser for Sunday, March 20, 1994 from 2:00 p.m. to 5:00 p.m. She then requested ACM/Usher to provide a report on the Economic Development Committee meeting. ACM/Usher stated that staff will present an outline for an Economic Development Program at the next Council meeting, for business retention, attraction and development. C/Ansari stated that the Council will be considering, later on in the meeting, forming a subcommittee to address the MRF issue. She then stated that she is still accepting applications for Commissioner on Traffic & Transportation, Parks & Recreation and Planning iCommissions. She requested that the meeting be adjourned in memory of Mary Healy, long time realtor in D.B. She then reported that the reply from the Fair Political Practices Commission (FPPC) to the issue regarding her long time legal relationship with ICA/Montgomery concerning her house subsidence is available for public review. MPT/Harmony reported that his very brief business encounter involving ICA/Montgomery does not justify a conflict of interest. He stated that the GPAC consist of indivduals representing the community. He expressed support of the proposal to hire a consulting firm to fight the proposed MRF, as well as the appointment of an ad hoc committee to form a concept of a cultural relations commission. He stated that the "Sidewalk City Hall" has been quite effective in encouraging people's opinions and comments. M/Werner concurred with Mrs. Courchesne's suggestion of having a definite time set to adjourn Council meetings; however, any special meetings would have to be held at another facility other than the AQMD and there would not be televised coverage. He suggested that the comments made during Public Comments be issue -oriented in order to deal with the issues confronting the City constructively. In response to Mr. Calkins, M/Werner concurred that the Council meetings remain embarrassing because of the conflicts and it would be beneficial if there was a higher level of conduct. In response to C/Papen regarding campaign contributions from DBA, M/Werner JANUARY 18, 1994 4. 5. PAGE 6 stated that the contribution came after the decision on the project, which he voted to deny, and was given because they felt he was sincere and up front in the decision making process. He then stated that, though it is important to bring business to the City, it is also important for the City to listen to the community, address issues raised and develop a General Plan informing developers where they stand. He then directed staff to prepare a Certificate of Recognition for Dr. Frank Pelsue who has worked closely and effectively with D.B. and is retiring from the Southeast Mosquito Abatement District. He then announced that the American Association of University Women (AAUW) is selling Entertainment Books 194, available for the San Gabriel Valley or the North Orange County area, to benefit the library. SCHEDULE OF FUTURE EVENTS: 4.1 Planning Commission - January 24, 1994 - 7:00 p.m. - AQMD Auditorium, 21865 E. Copley Dr. 4.2 General Plan Advisory Committee - January 25, 1994 - 7:00 p.m. - Heritage Park Community Center, 2900 S. Brea Canyon Rd. 4.3 Parks & Recreation Commission - January 27, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 4.4 City Council Meeting - February 1, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. CONSENT CALENDAR: 5.1 MINUTES OF ADJOURNED REGULAR MEETING OF DECEMBER 14, 1993 - Approved as submitted. 5.3 NOTICE OF COMPLETION 1993-94 SLURRY SEAL IMPROVEMENT PROGRAM - AREA FOUR - Accepted work completed by Roy Allan Slurry Seal, Inc., released any retention amounts per previously approved specifications and authorized the City Clerk to file the Notice of Completion. 5.4 PROPOSITION A LOCAL RETURN FUND, PROPOSITION C LOCAL RETURN FUND AND TRANSPORTATION DEVELOPMENT ACT AUDITS FOR THE FISCAL YEARS ENDED JUNE 30, 1993 AND 1992 - Received, accepted and filed Audit Reports for Fiscal Years ending June 30, 1993 and 1992. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 5.2 WARRANT REGISTER - C/Papen questioned the credit card charge of $101.45, on Page 5 of the Warrant Register, which involved a meeting between one Council Member and Commissioners. JANUARY 18, 1994 PAGE 7 I M/Werner explained that he held a meeting with his appointed commissioners to discuss how the commissions are progressing and what projects they like, or would like to suggest for the upcoming term. He stated that he was not aware of any City policies against such a meeting. C/Papen suggested that the Finance Committee be asked to set up parameters for spending money in these kinds of activities. She suggested that such meetings be required to take place locally. C/Papen then expressed concern for the bill received from ICA/Montgomery for services in the month of December 1993, as indicated on page 11 of the Warrant Register. She stated that the 4 to 6 hours charged for substitution of attorney for private cases are inappropriate for the City to pay. She pointed out that his contract has exclusions for him not billing for charges where the City has hired an outside attorney. She requested the items be pulled from the Warrant Register and sent back to ICA/Montgomery. She moved to approve the Warrant Register, with the exception of the bill from ICA/Montgomery. Motion - failed for lack of second. ICA/Montgomery explained his billing pertaining to the substitution of attorney amount as it relates to his involvement with City business instructed by the City Council. He noted that the maximum retainer amount for City -related business had been exceeded, and if the Council feels that the substitution of attorney was not appropriate, that amount could be substituted into the overage amount. C/Papen stated that she feels ICA/Montgomery's conflicts of interest are so convoluted with his involvement with so many people he should not serve as Interim City Attorney. MPT/Harmony noted it would be more appropriate if each item of concern expressed by C/Papen was discussed and validated. C/Miller stated that because of a possible conflict — of interest, he will abstain from participating in discussion or voting on this item. C/Ansari stated that copies of the papers presented by C/Papen at this meeting should have been presented to the City Council prior to the meeting for Council consideration and information. JANUARY 18, 1994 PAGE 8 C/Papen explained that the issue is not to discuss each itemization but to note that the City is being charged for services rendered by ICA/Montgomery's previous clients. She noted that ICA/Montgomery signed a substitution of attorney on cases he resigned from regarding private matters where he represented the plaintiffs in lawsuits against the City. These cases are not the financial responsibility of the City. CM/Belanger reported that ICA/Montgomerys' involvement in the coordination of the signing of the documents was directed by the City Council. His involvement did not include the context of the document. He stated that, in his opinion, there was no conflict in terms of involvement in conveying legal advice to the City Council. M/Werner inquired if C/Papen had an opportunity to discuss the issue with staff. CM/Belanger stated that C/Papen had discussed the issue with staff but not with the same amount of detail. It remains the recommendation of staff that the City Council consider approval of the Warrant Register as presented. MPT/Harmony suggested that future concerns raised by Council Members be dealt with issue by issue rather than generally. C/Miller noted that since many issues will be raised over time by Councilmembers, it is important that the Council remain positive in its attitude toward one another. C/Ansari suggested, that in the future, any documentation supporting a concern should be presented to the City Council so that an informed consensus can be reached. M/Werner requested staff to prepare a brief responding to the items raised by C/Papen. C/Papen, concerned that there are various issues being decided without full Council knowledge, suggested that all five Council Members should then also be made aware of decisions being made, and there should be three votes from the Council on those issues. MPT/Harmony moved, C/Ansari seconded to approve the Warrant Register as submitted. With the following Roll Call vote, motion carried: JANUARY 18, 1994 PAGE 9 M/Werner AYES: COUNCIL MEMBERS - MPT/Harmony, Ansari, NOES: COUNCIL MEMBERS - Papen ABSTAIN: COUNCIL MEMBERS - Miller 6. PUBLIC HEARINGS: 7:30 p.m. or as soon thereafter as matters can be heard 6.1 RESOLUTION NO. 94-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA REQUESTING AN EXTENSION OF TIME PURSUANT TO SECTION 65361 OF THE CALIFORNIA GOVERNMENT CODE FOR THE ADOPTION OF A CITY GENERAL PLAN - CDD/DeStefano reported that the City needs to make at least one out of six findings required by the Government Code in order to justify an extension of time request. The City appears to comply with the following two findings: providing an extended public review process and having an unusual circumstance due to extenuating circumstances involving two referendums. He stated that a General Plan is needed to approve any discretionary land use permits. C/Papen read a letter signed by Richard Siebert, Director of OPR, denying the extension of time requested in 1992 because the City had an approved General Plan. She stated that it is not necessary to fly four people to Sacramento to argue the case for another extension since there has been no change in the law since 1992. She suggested that, as indicated by independent counsel Kathleen Stone, the City either seek declaratory relief on a Writ of Mandate from the courts on Ordinance No. 4, or readopt Ordinance No. 4 since it worked for two years. MPT/Harmony pointed out that, had Ordinance No. 4 been challenged, it would have been declared illegal at the time. C/Miller inquired if it were possible for ICA/Montgomery to draft an emergency ordinance that the City Council could enact to allow the City to get through the General Plan process. C/Papen stated that it is inappropriate for ICA/Montgomery to make a legal decision on behalf of the City in regard to Ordinance No. 4. M/Werner noted that ICA/Montgomery is being asked if it is possible to draft a new Ordinance, not make a decision regarding Ordinance No. 4. JANUARY 18, 1994 PAGE 10 ICA/Montgomery explained that the statute applying to an emergency ordinance requires a finding of eminent threat to public safety and welfare. He stated that the most cost effective and efficient approach is to apply for an extension of time with OPR, as provided for in the Government Code. C/Miller questioned the reasoning for requesting the extension since the City can continue to do the day-to-day issuance of permits, and there is no discrepancy application in the immediate future. ICA/Montgomery stated that with the complete absence of a General Plan, the City lacks jurisdiction to grant any discretionary land use permits. The reason for the extension is to accommodate applicants desiring to move forward with their project. CM/Belanger explained that the extension of time would provide the City an opportunity for discretionary permits to be applied for, processed and considered by the Planning Commission, and if appropriate, by the City Council, so that the City -- does not deprive someone the use of their property. He then noted that the rejection of the extension of time in 1992 by OPR was because the City's then General Plan was actually in suspension because it was being challenged in the courts. The situation now is different in that the City Council repealed the General Plan; therefore, there is no General Plan and OPR is in a position to make a f inding that the City is still preparing and processing a General Plan. C/Papen suggested that the issue be handled by a conference call rather than flying four staff members to Sacramento. M/Werner opened the Public Hearing. Max Maxwell, 3211 Bent Twig, expressed concern that hillside issues still have not been properly addressed in any of the versions of the General Plan. He concurred with the request for extension as long as there is solid footing on what is being meant by discretionary approval, thus eliminating possible confusion and/or inconsistency that may be created in an application for development. CM/Belanger, in response to Mr. Maxwell, explained that this extension of time should have similar wording as the extension of time requested on February 7, 1992, which basically indicated that vesting tentative maps cannot be applied for nor JANUARY 18, 1994 PAGE 11 processed. The extension of time is essentially granting the City the ability to deal with discretionary land use actions that would involve CUPs, variances and so forth. Mr. Maxwell then inquired how much time was granted for applicants to challenge Ordinance No. 4. CM/Belanger stated that Ms. Stone indicated that the time frame for the challenge varied depending on the land use action. Joe Larruta, Sunbright Dr., asked if the extension of time can be requested and accomplished without sending the City Attorney and staff members to Sacramento. M/Werner explained that the reason for the Mayor, the City Attorney, the Community Development Director and the Assistant City Manager to go to Sacramento is to represent the Council and the electorate and convey to the staff of OPR the importance an extension has on the City to continue to conduct business normally. It is a matter of appearance, sincerity and desire on the part of the City and how we want OPR to review our request. Don Schad expressed support of the request for an extension of time. With no further testimony offered, M/Werner closed the Public Hearing. ICA/Montgomery, in response to C/Miller, advised that it is best to go in person when dealing with Sacramento in order to convey an urgency in the matter. C/Ansari and MPT/Harmony concurred that it is important that the City represent themselves appropriately to the staff of OPR, demonstrating the City's sincerity and desire to develop a General Plan. The City Council concurred that the four staff members recommended by staff should go to Sacramento to represent the City regarding the request for an extension of time on the General Plan. C/Papen expressed concern that the City will not be able to develop a substantially different General Plan, as required by law. M/Werner, noting that the time is 11:00 p.m., JANUARY 18, 1994 PAGE 12 inquired if the Council would prefer to carry the remaining items over to a Special Meeting. C/Miller suggested that item 6.2 be considered following Executive Session, carrying the remaining items to a special meeting. Following discussion, the City Council concurred to consider item 6.2 before Executive Session, carrying the remaining items to the next Regular City Council meeting. MPT/Harmony moved, C/Ansari seconded to adopt Resolution No. 94-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING AN EXTENSION OF TIME PURSUANT TO SECTION 65361 OF THE CALIFORNIA GOVERNMENT CODE FOR THE ADOPTION OF A CITY GENERAL PLAN and to direct staff to forward an application for an extension of time to the State Office of Planning and Research. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Miller, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - Papen ABSENT: COUNCIL MEMBERS - None 6.2 STATEMENT OF OBJECTIVES AND PROJECTED USE OF 1994-95 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS - CM/Belanger recommended that the City Council include item 8.1, Workplace Substance Abuse Prevention Policy, when considering the use of Community Development Block Grant Program (CDBG) Funds because the City must, per Federal requirement, adopt a policy that suggestes a "drug free" work place. CDD/DeStefano reported that the City expects to receive approximately $291,000 in federal funds as a participant in the 1994-95 L.A. Urban County CDBG Program. The purpose of the funds are to provide a variety of community development activities principally for persons of low and moderate income. He requested that each public service organization requesting funds briefly introduce their current projects and their proposal to receive funds in the upcoming year. He then reported that the Boy Scouts requested that the $4,000 allocated for camp activities in the current budget year be carried over to the next budget year. Allison Myers, representing the D.B./Walnut YMCA, reported that the YMCA requested an allocation of $11,674 to their programs. JANUARY 18, 1994 PAGE 13 Kathy Rogers, Executive Director, YWCA, stated their program focuses on activities for middle school students, particularly females, empowering them with skills and attitudes to be productive, self reliant and self sufficient. She requested the Council consider allocating funds to expand the Y -Teen program to include middle school girls. Bob Quartucy, President, D.B. Senior Citizens, requested that the City consider allocating the following funds for programs to meet the needs of the senior population: $400 for liability insurance; $600 to rent a truck once a month to pick up surplus food for redistribution to those seniors who qualify and donation of a metal storage container. David Schey, Chairman, Parks & Recreation Commission, requested that the City Council consider allocating $29,000 for senior programming to provide administrative services to establish a program for drop-in services, pay -for -services meals, pay -for -services recreation programs and classes conducted at the Community Center, and establishment of an information referral service program tailored to the needs of the seniors. Bob Rose, in response to M/Werner, stated that pay -for -services meals could be paid for through AAA funding; however, this proposal is to help pay for the administrative services to establish the programs. C/Papen, noting that the City can only use 25% of the grant for public service, pointed out that General fund money could be used for the Senior Programming proposal. Joe Ruzicka, member of the Parks & Recreation Commission, requested an allocation of funds to assist in administrative costs associated with the Mediation Center. In response to MPT/Harmony, Mr. Ruzicka stated that the center is currently under the auspices of the Claremont Dispute Resolution Center. Meetings are held at City Hall on an as -needed basis. He stated that any funds received through CDBG will be used for cases handled in D.B. only. Phil Armentrout, D.B. City Emergency Coordinator, requested an allocation of funds toward expanding the Senior Emergency Preparedness Program, as well as the Community Awareness Project. C/Ansari, noting that staff indicated that funds JANUARY 18, 1994 PAGE 14 cannot be allocated to these programs due to parent ineligibility, inquired if there is any funding that can be obtained for these programs. ACM/Usher explained that it was determined that the programs would most likely be ineligible because those who would receive benefit could not be clearly categorized in the low and moderate income area. He stated that, other than General Funds for these purposes, the City would need to look to specialized emergency preparedness and emergency services grants. M/Werner opened the Public Hearing. Don Schad offered his services, through the Tonner Canyon Wilderness Conservancy, to the YWCA to provide an opportunity for teen girls to take nature hikes. CDD/DeStefano noted that certification of eligibility would be difficult at this point since staff already screened the applications received from the notification process; however, if Mr. _ Schad plans to consider his offer as a program in the future, it may be considered in a subsequent year. Staff will convey Mr. Schad's offer to the YWCA. With no further testimony offered, M/Werner closed the Public Hearing. M/Werner pointed out that the City has limited funding which must be distributed to each of the worthy agencies as best as possible. He noted that staff indicated that the request for funds totaled $574,000 and the City has $291,00 to allocate. C/Papen inquired if any of the funding could be used toward the library. CDD/DeStefano stated that, because of the income range in D.B., it would be very difficult to verify that the money is being used principally for persons of low and moderate income. C/Papen indicated that she is in support of fully funding the YMCA programs because it impacts a great number of children in the community and .— allows parents to have good childcare at an affordable price. She suggested that the funding be increased from the recommended $9,500 to $11,500, reducing funds allocated to Senior Programming to $27,000 and supplementing Senior Programming from the General Fund monies. JANUARY 18, 1994 7. PAGE 15 M/Werner stated that it is the consensus of the City Council to carry the remaining agenda items, except for Closed Session, to the next regular City Council meeting. C/Papen moved, C/Ansari seconded to approve the recommended 1994-95 CDBG Program with the proposed budget of $290,932, amending the YMCA program to $11,500 and the Senior Program to $27,000 and to approve the Workplace Substance Abuse Prevention Policy. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Miller, Papen, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None OLD BUSINESS: 7.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE COUNTRY SANITARY SEWER SYSTEM IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - Plans and specifications for The Country Sewer Project are complete and ready for bid. Continued to February 1, 1994. 7.2 PROFESSIONAL SERVICES AGREEMENT WITH LG&E POWER ENGINEERS AND CONSTRUCTORS (FORMERLY ULTRASYSTEMS ENGINEERS & CONSTRUCTORS, INC.) - The City retained U1traSystems Engineers & Constructors, Inc., to evaluate the proposed Industry Materials Recovery Facility and to provide an independent technical analysis of the proposed project and corresponding environmental documentation. Although the agreement has expired, the City continues to need these services to determine the technical adequacy of project -specified environmental documentation and to assist with preparation and presentation of technical assessments and testimony on the proposed project. Continued to February 1, 1994. 8. NEW BUSINESS: 8.1 WORKPLACE SUBSTANCE ABUSE PREVENTION POLICY - As a participating City in the Community Development Block Grant Program, the City must provide a "drug-free" workplace. In accordance with this Federal requirement, a Substance Abuse Prevention Policy was developed. The policy discusses its JANUARY 18, 1994 kP 10. PAGE 16 i purposes and the specific actions to be taken against employees for violation of such prohibition. C/Papen moved, C/Ansari seconded to approve the recommended 1994-95 CDBG Program with the proposed budget of $290,932, amending the YMCA program to $11,500 and the Senior Program to $27,000 and to approve the Workplace Substance Abuse Prevention Policy. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Miller, Papen, MPT/Harmony, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None 8.2 CONSIDERATION OF ESTABLISHMENT OF 'AD HOC COMMITTEE RE CULTURAL RESOURCES - Establishment of an ad hoc committee to study the ever-expanding multi-culturalism in the City and making recommendations to the Council regarding the creation of a Cultural Resources Commission. Continued to February 1, 1994. 8.3 CONSIDERATION OF ESTABLISHMENT OF AD HOC COMMITTEE RE PROPOSED CITY OF INDUSTRY MATERIALS RECOVERY FACILITY - Establishment of a committee to advise the City Council and assist in coordinating activities, within the City, as well as, inter -community coordination, re the proposed Industry Materials Recovery Facility (MRF). Continued to February 1, 1994. 8.4 REQUEST FOR PROPOSAL FOR CITY ATTORNEY SERVICES - The solicitation of proposals from qualified individuals and law firms for the provision of City Attorney services. Continued to February 1, 1994. ANNOUNCEMENTS: CLOSED SESSION: MAY CONVENE TO CONSIDER: Matters of pending Litigation (G.C. 54956.9). ICA/Montgomery reported that the City Council will discuss pending litigation concerning Diamond Bar Associates v. the City. M/Werner adjourned the meeting to Closed Session at 12:15 a.m. M/Werner reconvened the meeting from Closed Session at 1:10 a.m. ICA/Montgomery reported that the attorneys were instructed to continue with their efforts to resolve the JANUARY 18, 1994 PAGE 17 litigation. 11. ADJOURNMENT: Due to the lack of a quorum following the Closed Session, M/Werner adjourned the meeting in memory of Mary Healy at 1:20 a.m. to February 1, 1994 at 7:00 p.m. LY DA BURGESS, pity Clerk