HomeMy WebLinkAbout02/01/1994 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 1, 1994
CALL TO ORDER: M/Werner called the meeting to
i i 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 Mayor Werner.
ROLL CALL: Mayor Werner, Mayor Pro Tem
Harmony, Council Members Ansari, Miller and Papen.
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; Bobby Rose, Community Services Director; and Lynda
Burgess, City Clerk.
2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES,
ETC.
2.1 CERTIFICATE OF RECOGNITION - Dr. Frank Pelsue,
outgoing Executive Director, Southeast Mosquito
Abatement District - Certificate was presented
earlier.
2.2 CERTIFICATE OF RECOGNITION - Diamond Bar
Improvement Assn. - M/Werner presented the
i Certificate to Ernie and Jessica Schutte, Diamond
Bar Improvement Association (DBIA) volunteers, for
their involvement in removing graffiti in the
City.
3. PUBLIC COMMENTS: Ron Layton informed the City
Council that two individuals were recently seeking
signatures at the Little League Fields for petitions
they claimed were against the proposed Materials
Recovery Facility (MRF), though it turned out that they
were collecting signatures for the recall effort.
M/Werner requested the City Attorney to provide a
response whether the City has any jurisdiction over the
matter.
C/Papen stated that it is inappropriate for ICA/
Montgomery to make a ruling on this issue since he was
the private attorney for the chairman of the recall
group.
ICA/Montgomery explained that the right of political
and religious freedom may be exercised in a reasonable
manner on private property generally open to the
public. He stated that if there is a misrepresentation
to the circulation of the petition, it is a matter for
the District Attorney.
Jim Paul, 1269 Ahtena Dr., requested the City to
investigate the condition of the roads in D.B.,
FEBRUARY 1, 1994 PAGE 2
particularly in the area known as Area "A. 11 He also
requested the City to investigate the possibility of
installing a signal at the intersection of Calbourne
and Colima Rd. to help slow traffic.
Curtis Bratton, 24153 Silver Spray Dr., expressed
concern that HUD funds under the CDBG program are not
made available to private citizens of D.B.
M/Werner explained that the City conducted a public
hearing at the last meeting to determine the allocation
of the CDBG funds to various social agencies providing
services to local citizens and beneficiaries in the
City.
ACM/Usher reported that the City Council has allocated
the funds available to about 10 community service
programs designed to help families and individuals at
the low and moderate income levels, as well as certain
specified groups such as the handicapped and elderly.
He stated that D.B. has not yet started a housing
rehabilitation program, as is desired by Mr. Bratton,
because the amount of funds received by the City is
fairly small. Staff will assist Mr. Bratton in any way
possible.
MPT/Harmony, noting that the Property Maintenance
Ordinance is currently being reviewed by the Planning
Commission, inquired if the City is planning any
specific program addressing rehabilitation of older
homes in the City.
CM/Belanger stated that the development of such a
program has not been explored. He noted that, because
of the eligibility requirements for most of the CDBG
programs, the City may have to look at other funding
mechanisms to provide a funding source to pursue a home
improvement or property upgrade loan or grant program.
CDD/DeStefano reported that staff will be attending a
meeting with the L.A. County Community Development
commission on February 9, 1994 for a presentation on
the "Home Program" for housing rehabilitation as well
as a first-time home buyer deferred loan program.
William Gross, 21637 High Bluff Rd., expressed support
of the Councills efforts to revise the General Plan.
He stated that the Recall Group has agreed to defer
comment on personal political issues to give the
present City Council the best chance possible to run
the City.
Bob Chamberlain, 21305 Espada P1., expressed concern
that there is a perceived notion by the public of
wrong -doing on the part of the Council because many
FEBRUARY 1, 1994 PAGE 3
items are not properly presented or fully explained.
He suggested that the Council provide a statement
supporting the Interim City Attorney and indicating
that there is no conflict of interest so the general
appearance of misunderstanding is avoided. He also
suggested that the Council make a statement explaining
the purchase of airline tickets to Sacramento prior to
approval by the Council. He then expressed concern
that the names of City volunteers seem to be passed
around for use of Council Members' particular special
interest groups, such as recall campaigning. He
pointed out that if these small items are not explained
properly, then it will be harder to develop community
trust on bigger issues.
M/Werner concurred that Council Members should adhere
to a policy of not being involved in the recall
campaign because of the appearance of impropriety. He
explained that the City pre -purchased a block of
corporate tickets, at a discount price, to Sacramento;
however, no detail of the trip was provided to the
Council until after the discussion of the item at the
last meeting.
C/Papen pointed out that the names and flight numbers
were already filled out on these pre -purchased tickets
prior to the City Council meeting.
Sherry Rogers, 2660 Broken Feather, concerned that
recall signs are being posted illegally, suggested that
the City develop an ordinance that would fine people
for illegally posting signs on public property, as is
done in Fullerton. She then expressed concern that
false statements made during break time at General Plan
Advisory Committee (GPAC) hearings are not being
substantiated; and therefore should not be said at all.
Barbara Beach-Courchesne, 2021 Peaceful Hills Rd.,
stated that the people involved in the lawsuits with
C/Miller are citizens of D.B.
M/Werner reminded the audience to keep public comments
to issues of a constructive nature.
Nick Anis, 1125 Bramford Ct., expressed concern that
people are being cut off from speaking out on City
issues. He asked staff to verify if the tickets to
Sacramento were prepared prior to Council approval. He
—, questioned if ICA/Montgomery is qualified to be the
j City Attorney and whether he has a conflict of
interest.
M/Werner confirmed that ICA/Montgomery is qualified to
be the City Attorney and there is no conflict of
interest. He noted that the request for proposal for
FEBRUARY 1, 1994 PAGE 4
City Attorney is an item on the agenda.
Nick Anis presented pictures of C/Ansari apparently
involved in circulating petitions for the second
referendum.
C/Ansari stated that the pictures are depicting her
circulating fliers for her candidacy. She stated that
she was not involved in the second referendum.
Max Maxwell requested clarification on how the
extension of the General Plan can allow for the removal
or relocation of the 400,000 cubic yards of dirt on the
South Pointe Middle School site.
CDD/DeStefano reported that Bob Cervantes, Chief
Planner for the State in the Governor's Office of
Planning and Research (OPR), indicated that he has
recommended approval of the City's extension of time
request for the General Plan. The City should be
receiving the conditions in the extension letter in the
near future that should incorporate substantially the
same conditions with the City's original extension
request approved in February of 1992.
In response to C/Miller, CDD/DeStefano explained that
certain land use projects may be approved by the City
subject to the limitations contained within the
conditions of the approval letter.
C/Miller noted that the School District cannot build
the middle school until the City grants a permit to
move the dirt. He further noted that if the City had a
General Plan a year ago, the EIR could have been
certified for Mr. Arciero to remove the dirt, thus
allowing the District to construct the middle school.
C/Papen stated that the extension granted by OPR would
not affect the School District's ability to construct
the middle school because the School District's EIR on
the construction of the new school did not include the
offsite location for the removal of the dirt. There
must be a General Plan to approve the EIR for the
destination of the dirt upon grading.
CDD/DeStefano explained that the purpose of the
extension of time is to establish an interim land use
policy and an interim set of development processing
guidelines that are granted by the State to local
cities not having a General Plan. He explained that the
City must make the basic finding, through this exten-
sion process and the processing of projects, that the
City's action to approve a land use project will not be
in conflict with the then draft General Plan and/or in
conflict with the contemplated future General Plan.
FEBRUARY 1, 1994
PAGE 5
C/Papen pointed out that the City Council voted, in
January of 1994, to table the discussion and the
approval of the South Pointe Master Plan. She inquired
how, with the extension granted, can the City certify
the EIR for the South Pointe Master Plan to allow the
School District to proceed with construction of the
middle school.
M/Werner noted that the City will know more clearly if
the extension presents the potential for the City to
resolve this issue when the extension letter is
received.
CM/Belanger stated that a vesting map, submitted and in
process prior to the issuance of the extension letter,
can continue on to conclusion. Each vesting map will
be evaluated in relationship to the conditions stated
in the extension letter received from OPR.
M/Werner pointed out that the Master Plan is not a
mandatory condition for the South Pointe development,
and perhaps the grading plan should not be subject to
the approval of the entire Master Plan. He noted that
the tabling of the South Pointe Master Plan issue does
not necessarily mean that the School District cannot
proceed on its own merits, utilizing creativity to move
the minimum amount of dirt necessary in an
environmentally sensitive approach.
Max Maxwell inquired if there would have to be a future
hearing for the removal of the dirt to allow the School
District to proceed.
CM/Belanger stated that a public hearing would be
conducted if there was acquiescence from Mr. Arciero
regarding the removal of the dirt.
Joel Halle, 39 Carriage Way, Phillips Ranch, stated
that he would like to establish the International
Fraternal order of the Knights of Pythias, a fraternal
and charitable order, in D.B.
Kim Weingarten, member of the Board of Directors of the
Little League, expressed concern that those individuals
circulating petitions at the Little League fields would
not leave upon request. She stated that it did appear
that they were circulating misinformation. She then
inquired if the tickets to Sacramento were prepared
prior to the meeting.
CM/Belanger stated that the tickets were prepared
Tuesday morning prior to the Council meeting, to be
prepared for the Wednesday morning trip, in
anticipation of an action of approval by the City
Council. The intent of such preparation, as ordered by
FEBRUARY 1, 1994 PAGE 6
the City Manager's Office, was merely good management
procedure. He noted that, had the matter not been
approved, the trip and the tickets would have been
cancelled.
Jeff Nelson expressed concern that he was wrongly
accused of stealing Mr. Anis' signs. He then stated
that the City seems to be focusing only on recall signs
being illegally posted when in fact the City should be
concerned about many other signs illegally posted as
well.
C/Papen pointed out that the billboards on Diamond Bar
Blvd., constructed by Mr. Nelson, are in violation of
Building and Sign Codes.
C/Ansari asked who is responsible for a sign once it is
installed on private property --the person who
constructed the sign or the person who owns the private
property.
CM/Belanger stated that the property owner is
responsible for the sign being in compliance with City
codes.
Jeff Nelson complained that the guidelines in the Sign
Code are ambiguous, and seem to change upon resubmittal
of applications. He also pointed out that he donated
the sign located on Diamond Bar Blvd. and, therefore,
he is not the owner.
ICA/Montgomery, at the request of M/Werner, stated that
he wrote a memorandum to CDD/DeStefano on the
interpretation of the City Sign Ordinance on public
property.
C/Papen reiterated her concern that since
ICA/Montgomery represented the recall group, he should
not be making rulings on issues in which he does have a
conflict of interest. She then expressed concern that
either her requests for information from ICA/Montgomery
or staff are not being responded to, or are being
responded to through the Mayor. She stated that as a
Council Member, she has a privilege of this office to
receive a direct response to any requests for
information from staff.
M/Werner requested CM/Belanger to explain the clause in
the Sign Ordinance indicating the time frame allowed
for the removal of recall signs.
CM/Belanger stated that temporary signs, which are
signs on public property, must be removed within 10
days after the conclusion of the event.
FEBRUARY 1, 1994 PAGE 7
C/Papen, noting that the property owner, Bernie Mazur,
is present in the audience as well, suggested that
staff meet with Mr. Mazur to discuss the issue. She
pointed out that the City gave notice to Mr. Mazur on
December 28, 1993 that the sign was in violation.
M/Werner requested staff to assure that the Ordinances
will be satisfied, and to report back to the Council
prior to the end of the meeting.
Don Schad commended M/Werner on the job he was doing as
Mayor. He confirmed that C/Ansari was not involved in
the second referendum. He stated that he is satisfied
with the explanation offered regarding the tickets to
Sacramento.
Sherry Rogers encouraged citizens to attend the GPAC
meetings so the community is well represented in hopes
of avoiding another referendum. She stressed the
importance of protecting property rights for everyone.
Frank Dursa suggested that the City Council inform the
media that City Council meetings now begin at 7:00 p.m.
Ken Anderson displayed slides of the areas of So.
Calif. that recently experienced earthquakes, for
information purposes.
4. COUNCIL COMMENTS:
C/Papen announced that the children at Quail Summit
Elementary School are fundraising to collect money to
construct a memorial for Todd Cameron. Anyone desiring
to contribute money can send it to Carolyn Hogan, the
principal. She then requested staff to invite the
Superintendent of the Pomona Unified School District,'
or the chairman of trustees, to attend a Council
meeting and perhaps explain any problems they may be
having regarding the construction of the Diamond Ranch
High School so that the City could offer assistance, if
possible. She then expressed concern that her position
on issues is being misrepresented at events such as the
Little League fields, and GPAC meetings, particularly
regarding the MRF. She clarified that she has attended
meetings opposing the MRF and feels the proposed MRF is
too close to D.B. and must be relocated, as well as
reduced in size. She reiterated her concern that
ICA/Montgomery has a conflict of interest representing
the City. She requested that item 8.3, Request For
Proposal For City Attorney Services, be brought forth
as the first item of the meeting since it was carried
over from the last meeting. She also requested that
the items requesting $140,000 in consulting contract
fees, which are not appropriated in the budget, be held
over until the budget review process. She then
FEBRUARY 1, 1994
PAGE 8
announced that the Metropolitan Transportation
Authority (MTA) will be discussing fully funding the
four-year Call For Projects on the carpool lanes
including HOV lanes on the 57 and 60 freeways, at their
Board meeting scheduled February 2, 1994.
C/Miller clarified the following issues he feels have
been misrepresented through the recall process; he has
always opposed the MRF; a recall election will cost the
City between $30,00 and $50,000; recall signs are
being illegally placed; and he noted that the Diamond
Bar Associates (DBA), who are suing the City, have
given money to the proponents of the recall effort,
which had adamantly opposed their project originally.
C/Ansari stated that she had attended a CLOUT meeting
and that a representative of SANDBAG indicated that it
is estimated $1.4 billion will be needed by the Federal
Government for the State to reconstruct the roads
damaged by the earthquakes. She noted that the Federal
Government will cover this cost loot if the bids are
prepared within 180 days of the disaster; however, the
$1.3 billion needed to retrofit the 900 bridges will
probably have to come out of other funds for the State.
She then encouraged all citizens to oppose the proposed
City of Industry Material Recovery Facility (MRF),
which will handle 5,700 tons of garbage a day, the
biggest MRF now operating on the west coast. She
expressed confidence in the ability of ICA/Montgomery
to advise the City in legal matters. She then
reiterated that she was not involved in the second
referendum or the recall effort.
MPT/Harmony stressed the importance of working together
to develop a General Plan within 90 days that
represents the community so the City can begin facing
its other issues. He then stated that he and C/Ansari,
as members of the Finance Committee, are looking toward
developing procedures regarding how City money is
expended. He also stated that the City is developing
an organized approach to fight the MRF. He then
requested an update from ICA/Montgomery regarding the
request made to locate missing documents in Mr.
Arczynskils possession.
ICA/Montgomery reported that a response had not yet
been received from his written request.
MPT/Harmony moved to turn the matter over to the City
Prosecutor.
C/Miller stated that a letter sent to Mr. Arczynski
from ICA/Montgomery, dated February 1, 1994, was
received and a response should be sent out shortly.
FEBRUARY 1, 1994 PAGE 9
MPT/Harmony expressed concern that the request for
these documents have been made for over a year now.
The documents should have been available for public
review since they are public documents.
C/Miller noted that the City Attorney's office had
indicated that these documents are not public documents
available for public review.
C/Papen stated that the documents being requested are
personal financial records, which are not public
property despite what ICA/Montgomery has ruled.
MPT/Harmony suggested that the documents be turned over
to an authority that can properly handle the issue.
MPT/Harmony's motion died for lack of a second.
C/Miller asked ICA/Montgomery if it would be more
appropriate to file with the FPPC and request an
investigation of that elected official if there is a
perception of a conflict of interest or some
impropriety. He explained that an investigation was
conducted by the FPPC on this issue last year, and if
there was any impropriety, the City would have been
informed.
ICA/Montgomery explained that he received a citizen's
request for some documents usually available through
the City Clerk's office; however, the City Clerk
indicated that those documents were in the possession
of the former City Attorney. He stated that he wrote
Mr. Arczynski for those documents, and any response
received to that request will be forwarded to the City
Clerk. It will be up to the City Council to determine
if they desire an opinion from the FPPC or not.
M/Werner, in response to concerns regarding
ICA/Montgomery's qualifications, stated that he feels
ICA/Montgomery is highly qualified and experienced in
municipal law. He pointed out that ICA/Montgomery was
successful in legal matters when representing the
Citizens Group of D.B., taking a position of pursuing
issues in the best interest of the community, not his
own personal interests. He stated that he feels
ICA/Montgomery has been an attribute to the City in
suspending or removing pending lawsuits. He pointed out
that it is doubtful that ICA/Montgomery would put
himself in a position of a conflict of interest.
C/Papen requested that the Council discuss the item
regarding City Attorney services as the first item of
the agenda.
M/Werner stated that it is inappropriate to make a
FEBRUARY 1, 1994 PAGE 10
motion at this time. He noted that it appears that the
consensus of the council is to proceed with the agenda
as presented.
5. SCHEDULE OF FUTURE EVENTS:
5.1 General Plan Advisory Committee - February 8, 1994
- 7:00 p.m. - Heritage Park Community Center, 2900
S. Brea Canyon Rd.
5.2 Traffic & Transportation Commission - February 10,
1994 - 6:30 p.m., AQMD Hearing Room, 21865 E.
Copley Dr.
5.3 Planning Commission - February 14, 1994 - 7: 00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.4 City Council Meeting - February 15, 1994 - 7:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR: C/Miller stated that he
would be abstaining from voting on Item 6.7.
C/Miller, in regard to Item 6.10, inquired if the City
is seeking reimbursement from the taggers.
CM/Belanger stated that reimbursement is within the --
provisions of the Ordinance; however, at this point the
City has not taken an affirmative action for
restitution. He stated that, if so desired, staff can
indicate to the District Attorney that the City is
interested in taking an affirmative action.
The City Council concurred to abide with the ordinance
as drafted and seek restitution from the taggers.
C/Papen stated that she will be abstaining from voting
on item 6.8. She requested that item 6.11 be pulled
from the Consent Calendar. She then indicated that she
would like to present the plaques in response to item
6.12.
M/Werner stated that he had instructed staff not to
prepare plaques because it is inappropriate to give
plaques to members of the Council and consultants for
doing their jobs regarding the settlement with L.A.
County.
C/Papen, concerned that M/Werner would veto her request,
explained that she had offered to pay for the four
plaques because she felt it to be important to recognize
good work that resulted in a cash settlement in excess of
$2.3 million dollars.
M/Werner pointed out that many individuals were involved
in the formulation of this approach that should receive
recognition. It is important to adhere to the City's
Policy of the use of plaques and City proclamations.
FEBRUARY 1, 1994
PAGE 11
M/Werner, in response to C/Papen is concerned that items
regarding contract fees are placed as Consent Calendar
items, explained that it was included as a Consent
Calendar item because LG&E Power Engineers and
Constructors had been retained by the City in the past to
prepare EIR comments to the City of Industry's MRF, and
they are being retained again to respond to an entirely
new EIR prepared by the City of Industry.
It was moved by M/Werner, seconded by MPT/Harmony to
approve the Consent Calendar with the exception of Item
6.11, Resolution in support of Intervale Senior Services'
Application for Grant Funds. Motion carried unanimously
by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Ansari, Papen, Miller, MPT/
Harmony, M/Werner
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 APPROVAL OF MINUTES - Regular Meeting of January 4,
1994 - Approved as submitted.
6.2 VOUCHER REGISTER - Approved Warrant Register dated
February 1, 1994 in the amount of $643,410.81.
6.3 TREASURER'S REPORT - Received and filed Treasurer's
Report for Month of December, 1993.
6.4 CLAIMS FOR DAMAGES:
6.4.1 Filed by John M. Davis November 16, 1993
rejected the request and referred the
matter for further action to Carl Warren
& Co., the City's Risk Manager.
6.4.2 Filed by Joseph Lopez January 14, 1994
rejected the request and referred the
matter for further action to Carl Warren
& Co., the City's Risk Manager.
6.5 ADOPTED RESOLUTION NO. 94-02: A RESOLUTION OF THE
CITY OF DIAMOND BAR, CALIFORNIA RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF TRACT MAP NO. 50519, FOR
THE SUBDIVISION OF A 2.3 ACRE SITE INTO 3 COMMON
LOTS AND 34 CONDOMINIUMS LOCATED AT 300-366 TORITO
LANE, DIAMOND BAR, CALIFORNIA.
6.6 ADOPTED RESOLUTION NO. 94-03: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR ACCEPTING
THE OFFER OF DEDICATION OF THAT CERTAIN REAL
PROPERTY HEREIN DESCRIBED FOR PUBLIC USE - This
Sewer Easement Relocation/Vacation is between
Parcel 1 of Parcel Map 15375 and Parcel No. 1 of
Parcel Map 2151 at 3302 S. Diamond Bar Blvd. for
construction of an Arco AM/PM mini -mart.
FEBRUARY 1, 1994 PAGE 12
6.6.1 ADOPTED RESOLUTION NO. 94-04: A
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR SUMMARILY VACATING
AND ABANDONING THAT CERTAIN PUBLIC
SERVICE EASEMENT MORE SPECIFICALLY
DESCRIBED HEREIN.
6.7 ADOPTED RESOLUTION NO. 94-05: 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. (C/Miller abstained from
voting on this matter.)
6.8 AWARDED BID FOR GRAND AVE. GUARDRAIL/LANDSCAPE
IMPROVEMENTS - to Accurate Landscape and
Maintenance Corp. in the amount of $31,175.
(C/Papen abstained from voting on this matter.)
6.9 APPROVED PROFESSIONAL SERVICES AGREEMENT WITH LG&E
POWER ENGINEERS AND CONSTRUCTORS (FORMERLY
ULTRASYSTEMS ENGINEERS & CONSTRUCTORS, INC.) - with
LG&E Power Engineers & Constructors, Inc. in an
amount not -to -exceed $30,000.
6.10 AUTHORIZED GRAFFITI REWARDS - Five $500 rewards to
individuals providing information that led to the
apprehension and conviction of the persons who
placed graffiti on structures in D.B.
6.12 APPROVED AGREEMENT BETWEEN CITY OF DIAMOND BAR AND
COUNTY OF LOS ANGELES RE: PROPERTY TAX TRANSFER
ADJUSTMENT - For adjustment of property tax
transfers for the years 1989-90 through 1992-93,
repayment of property tax owed due to the
adjustments, payment of an amount owed for interim
services (April 18, 1989 through June 30, 1989) and
dismissal of the lawsuit filed by the City in
March, 1991.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.11 RESOLUTION NO. 94-07: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR IN SUPPORT OF
INTERVALE SENIOR SERVICES" APPLICATION FOR GRANT
FUNDS IN ORDER TO OFFER A NUTRITIONAL LUNCH PROGRAM
TO THE OLDER ADULT POPULATION OF THE CITY OF
DIAMOND BAR ON BEHALF OF THE CITY - C/ Papen
expressed concern that the staff report did not
include a financial analysis and a needs assessment
for this program, indicating the number of people
affected, the size of grant being applied for and
the number of seniors needing a hot meal program.
She also expressed concern that the program would
FEBRUARY 1, 1994 PAGE 13
give year-round exclusive use of the Community
Center to the seniors program. She suggested that
staff investigate the use of the Heritage park
Apartments, which has a community room and kitchen
facility larger than what is at the Heritage Park
Community Center, for this program perhaps as an
alternate site. She suggested that the motion
should separate support for the food program from
the authorization of the Community Center facility.
C/Ansari stated she would concur with tabling the
matter to determine how many seniors would need the
program. She pointed out that the program not only
provides a warm meal, but also provides socializ-
ation, which encourages more involvement in the
senior programs. She stated that she was pleased
with how the program was operated in San Dimas.
MPT/Harmony requested clarification as to the
City's flexibility to look for alternate sites
later in the year if the Council should decide to
enter into agreement with Intervale. He then
inquired if it were possible to declare the exclus-
ive use, subject to determining if there are other
facilities available.
CM/Belanger indicated that, if the Council entered
into an agreement with Intervale, the hours of
operation would be up to the City Council, and
there is flexibility for adjustment to the program
later on when the City enters into an agreement
with Intervale Services. This is a Resolution to
support an application, and the City is not
obligated to future participation in the program if
some elements of the program are not acceptable.
He reported that since the application deadline has
been extended to February 23, 1994, the City
Council can wait another meeting before making a
decision. He then explained that since CDBG funds
were a significant portion of the funds expended to
construct the Heritage Park Community Building, the
City is committed to senior programming at the
facility for a reasonable period of time; however,
the City is not committed to the exclusive use of
the facility for seniors.
M/Werner stated that Lively Seniors and other
senior groups in the City have expressed support
for the City pursuing this nutrition program. He
pointed out that there are no other activities that
have been proposed at the Community Center that
would be in conflict with this time schedule. He
then inquired if there could be a program this
summer at the Center that could result in a
potential conflict.
FEBRUARY 1, 1994
PAGE 14
CSD/Rose stated that many of the youth recreation
programs are conducted in School District facili-
ties and/or the portable building at Sycamore
Canyon. Staff could look at alternative sites that
would meet specifications set by the L.A. County
Health Department.
C/Papen moved, C/Ansari seconded to adopt
Resolution No. 94-07: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR IN SUPPORT OF
INTERVALE SENIOR SERVICES" APPLICATION FOR GRANT
FUNDS IN ORDER TO OFFER A NUTRITIONAL LUNCH PROGRAM
TO THE OLDER ADULT POPULATION OF THE CITY OF
DIAMOND BAR ON BEHALF OF THE CITY. With the
following Roll Call vote, motion carried:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS -
COUNCIL MEMBERS -
COUNCIL MEMBERS -
Miller, Papen, Ansari,
MPT/Harmony, M/Werner
None
None
7. OLD BUSINESS:
7.1 TEMPORARY FUNDING OF LIBRARY SERVICES - TWO
ADDITIONAL DAYS, FEBRUARY 14, 1994 THROUGH JUNE 30,
1994 - ACM/Usher recommended that the Council
allocate $70,000, $60,00 for funding of tw;;;:
additional days of D.B. Branch Library service t''
from February 14, 1994 through June 30, 1994, an`
$10,000 for the purchase of media materials for t
exclusive use of the D.B. Branch.
C/Miller expressed support of the recommendation
but expressed concern that a perception will be
created that D.B. will pick up the shortfall for
L.A. County. He noted that the amount being recom-
mended could be used to slurry seal and repair a
number of streets throughout the City, which is
just as important as library services. He quest-
ioned if, at the end of the four and one-half month
period, D.B. will be subsidizing the County the
entire amount on a yearly basis for the County
Library. He suggested that the City lobby
Supervisor Dana, making it known that D.B. is a
viable part of his district and should be given due
consideration.
C/Papen inquired if staff had been able to nego-
tiate the use of a meeting room on those days that
the Library is closed, and if the City's liability
insurance would cover the liability that people
must now provide to use the public facility. She
concurred with C/Miller that there is a concern
that this will become a recurring expense. Though
there is money in reserves, particularly with the
FEBRUARY 1, 1994 PAGE 15
tax transfer adjustment, it is a policy statement
of placing items on the agenda without clarifying
which line item in the budget it is coming from.
ACM/Usher pointed out that the second to the last
paragraph of the staff report indicates that the
source of funding is the General Fund.
C/Papen, noting that the City is funding full staff
for two additional days, suggested that County
employees be maximized by using more volunteers,
thus funding only one additional day.
C/Ansari explained that the library may be staffed
with volunteers to help put back and check out
books, but a professional librarian must be on
staff at all times. She stated that, since money
is not forthcoming from the State at this time, the
City needs to look toward funding the Library for
the next five months, while investigating ways to
obtain funds from the City budget for next year, or
through the County. Library service, particularly
f or children, is just as important as slurry
sealing streets. She urged the community to write
to their legislators.
ACM/Usher, in response to the inquiry previously
made by C/Papen, stated that staff discussed devel-
oping a letter agreement between Mr. Garofalo, the
area Library Director and CM/Belanger regarding the
cooperative scheduling of the community room on the
two additional days funded by the City, which will
give the City an opportunity to specify the utiliz-
ation of that room. He stated that, if the City is
able to provide a City staf f member to be avail-
able at the library, there is a possibility of
using the community room portion of the building on
a day that the library is otherwise closed.
C/Papen stated that she had hoped to have access to
the community room at the Library for six days a
week, particularly since staff is recommending that
the Heritage Park Community Center be assigned five
days a week to the seniors for the one program. She
stated she would have trouble supporting that
recommendation when there is no other facility in
town available.
M/Werner suggested that the grant require the City
to have access to the community room without limit-
ation. He also suggested that the amount be loaned
to the County rather than granted since Library
service is a County obligation. He stated that it
should not be assumed that the County will cover
these costs at the first of the fiscal year. The
FEBRUARY 1, 1994
PAGE 16
City should investigate other options avail -able,
such as: the City picking up Library services and
determining the revenues the City might get from
the property tax; whether or not the two School
Districts might be willing to join a venture to
preserve the local Library and investi-gate if the
City of Walnut or Pomona might be interested in
participating with the City of D.B.
MPT/Harmony concurred with the idea of exploring
alternatives; however, it must be stressed that our
children need us now to help provide Library
service.
Don Schad expressed support of the City's contribu-
tion toward funding the Library for a short period.
Mr. Garofalo stated that an arrangement had been
worked out whereby groups in the community could
use the meeting room before and after open hours,
the five days/week the Library is open. He indica-
ted that they are open to the use of volunteers and
other options and are willing to consider replacing
up to 40% of part-time employees with volunteers.
He pointed out that the Library is used by people
of all ages, with 2534,000 visiting the Library each
year. In response to C/Miller's suggestion to con-
sider loaning the money to the County, he pointed
out that the County expects this financial crisis
to continue up through 1995/96, until benefit
assessment legislation or other support becomes
available. It would be difficult for the County to
pay back a loan. He then noted that about nine
other cities in the County have chosen to use City
monies to fund additional days. He stated that, if
the City would grant the funds, the new library
hours could be implemented in about ten working
days.
CM/Belanger, in response to M/Werner, stated that
if the Council authorized an allocation of $70,000,
staff would explore the possibility of a loan to
the County.
C/Ansari moved, MPT/Harmony seconded to allocate
$70,000 to the library from February 14, 1994
through June 30, 1994. With the following Roll
Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Papen, Ansari,
MPT/Harmony, M/Miller
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7.2 CONCEPTUAL APPROVAL OF AND CONTINUED ACTION
FEBRUARY 1, 1994 PAGE 17
REGARDING A BUSINESS RETENTION, ATTRACTION AND
DEVELOPMENT PROGRAM The Council concurred to
continue this matter to February 15, 1994.
8. NEW BUSINESS:
8.1 CONSIDERATION OF ESTABLISHMENT OF AN AD HOC
COMMITTEE RE CULTURAL RESOURCES - CM/Belanger
stated that there is a need to establish an ad hoc
committee to study the everexpanding multi-
culturalism in the City to make recommendations to
the Council regarding the creation of a Cultural
Resources Commission.
M/Werner, noting the importance of exposing the
City to other cultural groups to help generate
positive relationships between cultural groups,
encouraged the Council to support establishing a
temporary ad hoc committee charged with looking
into.what other cities are doing in similar areas,
and what might be the role of a cultural committee
in the future.
--- C/Miller expressed support of establishing
committees for both multi-culturalism and the MRF
but suggested that Council Members not be members
of either committee so that committee members can
make their own recommendations without Council
influence.
C/Papen suggested that the committee not be limited
to just cultural resources, but to consider human
resources as well.
C/Ansari suggested that the ad hoc committee be
called the Human and Cultural Resources Committee.
M/Werner noted that it is the consensus of the
Council to establish a Cultural Resources Ad Hoc
Committee with the understanding that Council
Members will not serve on the committee. He stated
that Council Members are to file names of those
recommended to serve on the committee to staff
within the next two weeks.
8.2 CONSIDERATION OF ESTABLISHMENT OF AD HOC COMMITTEE
RE PROPOSED CITY OF INDUSTRY MATERIALS RECOVERY
FACILITY MPT/Harmony suggested that it would be
appropriate if the Council Solid Waste Sub-
committee also serve on the ad hoc committee for
the MRF since it is a coordinated effort.
C/Miller stated that the Council subcommittee and
the ad hoc committee should be separate, allowing
the committee to have an opportunity to appoint
FEBRUARY 1, 1994
PAGE 18
their own leadership and choose their own
direction. The committee would receive city
support.
M/Werner stated that both committees will be open
to the public and subject to Brown Act
requirements.
CM/Belanger, in response to M/Werner's statement
regarding the Brown Act, explained that the
committee would be subject to the Brown Act only if
regular meeting dates are established. However,
because of the nature of the MRF committee, staff
will put out agendas and publish times and places
of the meetings to engage the community in
participation.
Frank Dursa suggested that the City retain the
necessary attorneys to defeat the MRF.
M/Werner noted that it is the consensus of the City
Council to establish the MRF Ad Hoc Committee, with
the understanding that Council Members will not
serve on the committee. He stated that Council
Members are to file names of those recommended to
serve on the committee to staff within the next two
weeks.
8.3 REQUEST FOR PROPOSAL FOR CITY ATTORNEY SERVICES -
M/Belanger, correcting the staff report, noted that
the time for the return of the proposal for City
Attorney services is April 1, 1994.
Steve Nice, 2621 Rising Star Dr., expressed support
of the capabilities of ICA/Montgomery as City
Attorney. He pointed out that initiating a RFP
process at this time could establish a lack of
support for the Interim City Attorney. He suggested
that the issue be postponed until the recall
process is complete.
Joe McManus stated that ICA/Montgomery has a
conflict of interest representing the City and
should not be City Attorney.
Gregory Gaffney stated that the City has an
obligation to seek out the most qualified
individuals to serve in any given position, as is
being done with sending out the RFP.
Max Maxwell expressed support of ICA/Montgomery as
City Attorney. He concurred with the suggestion to
postpone the issue until after the recall process.
FEBRUARY 1, 1994 PAGE 19
Don Schad concurred with the statements made by Mr.
Nice.
Jim Paul expressed support of ICA/Montgomery as
City Attorney.
MPT/Harmony stated that when he voted to retain Mr.
Montgomery as Interim City Attorney, he felt at the
time that he was the best man for the job to set
the City on a proper course. He stated that he
still feels the same after these last two months.
C/Papen questioned ICA/Montgomery's ability to
provide legal counsel to the City Council when he
has represented two of the Council Members, given
legal advice to another and sued the remaining
Council Members.
C/Ansari, though pleased with ICA/Montgomery's
performance the last two months, pointed out that
the City Council did concur, upon his appointment,
to send out RFP's for City Attorney services;
however, this does not exclude ICA/Montgomery from
reapplying as City Attorney. The Council wants to
be able to select the very best attorney.
M/Werner stated that his support for the RFP should
not be misconstrued that there is a lack of
confidence in ICA/Montgomery's professional
capabilities as Interim City Attorney. He suggested
that any attacks on ICA/ Montgomery as Interim City
Attorney should be dealt with privately between the
Members of the Council to resolve and reconcile
those issues.
C/Papen suggested that an outside attorney provide
an opinion if there is a conflict of interest with
ICA/ Montgomery as Interim City Attorney.
C/Papen moved to obtain a second opinion whether or
not ICA/Montgomery has a conflict of interest in
being the City Attorney.
CM/Belanger stated that, following the proper
course, the California Bar Association governs the
ethical conduct of its licensed attorneys.
ICA/Montgomery explained that specific allegations
of misconduct, with a factual setting, are usually
referred to the California Bar Association. He
suggested that the City may prefer to get a second
opinion from a City Attorney as was done on
Ordinance No 4.
C/Miller stated that he does not want an
FEBRUARY 1, 1994 PAGE 20
investigation merely for the sake of investigation,
but would prefer the City to take the proper
course, such as the State Bar or some other route,
to determine if there is a conflict of interest or
not.
C/Ansari suggested that, rather than make
innuendos, if there is a desire by individuals to
determine if someone is doing something illegal,
appropriate information should be sent to the
California Bar Association for their opinion.
C/Papen's motion died for lack of a second.
CM/Belanger, in response to C/Papen, stated that
there are no Closed Session items.
C/Papen, concerned that three Council Members had
met with principals of Diamond Bar Associates
(DBA), requested a Closed Session regarding that
meeting.
C/Papen moved, C/Miller seconded to direct staff to
solicit proposals from qualified individuals and
law firms for the provision of City Attorney
services. With the following Roll Call vote,
motion carried:
AYES: COUNCIL MEMBERS - Miller, Papen, Ansari,
NOES: COUNCIL MEMBERS - MPT/Harmony
ABSENT: COUNCIL MEMBERS - None
9. ANNOUNCEMENTS: C/Papen moved, C/Miller seconded to recess
the meeting to Closed Session to discuss the nature of
discussions regarding litigation entitled Diamond Bar
Association v. City.
MPT/Harmony explained that Mr. Hempel, attorney of record
regarding the DBA litigation, released the Council
Members to discuss the matter with the principals of DBA.
He stated that he met with the principals of DBA and that
he met with them separately from the other two Council
Members.
C/Miller questioned if the City Council can legally go
into Executive Session for this matter.
CM/Belanger suggested that the Council discuss the matter
at another time when Mr. Hempel, the attorney of record,
can be available.
C/Papen expressed concern that there is an appearance of
impropriety when three Council Members meet with the
principals of the group suing the City, and no report of
FEBRUARY 1, 1994 PAGE 21
the meeting or the discussion is given to the City
Attorney. She suggested that this information be provided
to the attorney and the other Council Members.
C/Ansari stated that she met with the principals of DBA,
at their insistence on city property with a witness,
whereby they only asked for the attorney to read the
depositions.
MPT/Harmony stated that he met with the principals of DBA
at City Hall, with a staff member as a witness.
10. CLOSED SESSION: May convene to consider: Matters of
pending Litigation (G.C. 54956.9). - None held.
11. ADJOURNMENT: With no further business to
conduct, M/Werner adjourned the meeting at 11:45 p.m.
LYNDA BtTAGESS, City_Clerk
