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HomeMy WebLinkAbout03/01/1994 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 1, 1994 1. CALL TO ORDER: M/Werner called the meeting to order at 7 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 Pro Tem Harmony. 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; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 2.1 MAYOR WERNER PRESENTED CITY TILES TO OUTGOING PLANNING, PARKS & RECREATION AND TRAFFIC & TRANSPORTATION COMMISSIONERS. 2.2 OATHS OF OFFICE: CC/Burgess administered the Oath of Office to the following new Commissioners: Planning Commission: Don Schad, Franklin Fong, Lydia Plunk and Bruce Flamenbaum; Parks & Recreation Commission: David Schey, Michael Goldenberg, Raul Medina and Joe Ruzicka; Traffic & Transportation: J. Todd Chavers, Donald Gravdahl, Jack Istik, Tom Ortiz and Lou Esposito. 2.3 PROCLAMATION DESIGNATING MARCH 1994 AS "WOMENIS HISTORY MONTH" - M/Werner presented the Proclamation to Suzanne Harmony, President, American Association of University Women. 3. PUBLIC COMMENTS: Don Gravdahl, 23988 Minnequa, referring to a comment made by MPT/Harmony at the last meeting regarding the approximate costs involved with City On-line, stated that he researched the costs associated with connecting City On-line and determined that, though the City has spent approximately $16,000 on cabling and hardware, the introductory party, and improvements to the system, the value of the system donated to the City is estimated at approximately $200,000; therefore, the City has greatly benefited from this donation. Joshua Paulsen, 1065 Capen, asked the City to investigate the polluted stream in the back portion of Sycamore Park. Joe McManus, 23561 E. Coyote Spgs. Dr., expressed concern that the Mayor is unfairly allowing certain individuals to make comments, while restricting other individuals. MARCH 1, 1994 PAGE 2 He then expressed concern that ICA/Montgomery ruled Ordinance No. 4 as invalid despite the fact that three Superior Court judges indicated that Ordinance No. 4 was valid. He asked how much money was spent to obtain a legal opinion regarding Ordinance No. 4 from special counsel. He requested verification from the Council as to how they determined their decision that Ordinance No. 4 was invalid. ICA/Montgomery explained that, as stipulated with the Ordinance, Ordinance No. 4 expired by its own language when the second General Plan was adopted. He pointed out that if Ordinance No. 4 had been valid and still in existence, there would have been no reason for the granting of the extension by the Office of Planning and Research (OPR). M/Werner, in response to Mr. McManus, stated that the opinion letter provided by Ms. Stone, from the law firm of Meyers, Witters and Gibson, cost the City $7,583.77. C/Papen expressed concern that the City is not receiving an impartial opinion. She noted that the opinion obtained from special counsel is a duplicate of _ ICA/Montgomery's opinion, who was the attorney who filed the original lawsuit. The Interim City Attorney is making the final decision in the City. She stated that the issue will not be resolved until either the State Bar or the Fair Political Practices Commission (FPPC) opinion is received, or a grand jury investigation regarding conflict of interest issues has been completed. MPT/Harmony pointed out that ICA/Montgomery was hired because of his expertise and knowledge. He stated that the opinion received from special counsel regarding Ordinance No. 4 clearly indicated that the ordinance was improper. Kathleen McCarthy, 1630 Ano Nuevo, extended her appreciation to the Council for funding of two extra days a week of library services in the City. She announced scheduled fundraisers to help further support the library. Beverly Van Citters, President of "The Friends of the Library," presented a plaque to the Council in appreciation for extending library services for two extra days a week. Dorothy Bordenave, President Emeritus of the Friends of the Library, presented the Council with a thank you card signed by the patrons of the D.B. library. She announced that the library is open Monday through Thursday from 1:00 p.m. to 8:00 p.m. and Saturdays from 10:00 a.m. to 5:00 P.M. MARCH 1, 1994 4. PAGE 3 Michael Goldenberg suggested that the City utilize the resources in the community to help make City On-line a more functional and viable tool. M/Werner expressed concerned that a volunteer support organization would be beneficial to help keep the On-line program continuing successfully. COUNCIL COMMENTS: C/Miller requested an update on the status of establishing the Materials Recovery Facility (MRF) committee. CM/ Belanger stated that staff has discussed the formation of the MRF committee and has contacted individuals regarding their interest in being involved in that committee. C/Miller suggested that each Council Member announce their appointees at the next Council meeting, and establish a formal meeting date so that the committee can move forward; however, since Mr. MacBride, Mr. Gravdahl and Mr. Calkins have been active on this issue from the beginning, they may be willing to organize the group and set up a meeting immediately. M/Werner concurred that the organization of the meeting can proceed prior to the Council announcing the names of those on the committee. C/Papen, noting that the cost to the City for funding two extra days of library service is $70,000 from now through June 30, 1994, asked community residents to contact her or C/Ansari if they would be willing to make a long term commitment to supporting the library by volunteering 4 hours a week for six months or longer as a way to reduce costs. She announced that she had been appointed by the Metropolitan Transit Authority (MTA) to serve on a committee to evaluate Reg. 15/Rule 1501, which requires companies with more than 100 employees to reach 1 and 1/2 travelers per vehicle on every trip made. She asked for businesses in D.B. to contact her to provide input regarding the costs involved in implementing this program. She also suggested that staff agendize the City's Noise/Party Ordinance for discussion at the next meeting to update and improve upon the Ordinance to equal the City of Walnut. She pointed out that it would help the Sheriff's Department if Walnut's and the City's codes were uniform. C/Ansari noted that there is an increase in the number of patrons at the library; hopefully the City will be able to find funding to keep the library open on a regular basis after June 1994. She asked the community to attend the wine -tasting fundraiser or to send in $20 to help MARCH 1, 1994 PAGE 4 support the library. She then stated that, upon asking the Seniors to write down a wish list, the following items were included: benches; a large container to store food and a New Year's Eve dance. In response to letters received regarding the crossing guard issue, she expressed support for maintaining crossing guards at the schools. She then asked residents interested in being on the MRF committee or the Multi -Cultural or Human Resources committee to contact the City. MPT/Harmony stated that residents residing in "The Country" have expressed concern regarding the costs associated with the Sewer Assessment District. He stated that he has asked ICE/Wentz to hold workshops to communicate to residents that there is a real problem that must be addressed, as well as address the concerns of residents regarding costs, aesthetics to the neighborhood, intended plans, etc., prior to the public hearing process. C/Miller concurred that there are issues that need to be dealt with. He noted that there are two streets that are questionable whether or not they are necessary to sewer at this time. He stated that, though those streets are not contributing to the impacted area, they are dramatically contributing to the cost of the district and should perhaps be pulled out of the district. He stated that he has asked ICE/Wentz to include this option when the time comes before the City Council for consideration. C/Papen stated that since there are health and safety concerns of the community associated with the overflowing septic tanks onto private streets, it would not be appropriate to delay the process of abating the problems in the area. MPT/Harmony stated that he can be reached at 861-0161 if citizens have concerns or questions. He then stated that the goal of City On-line was to reduce air pollution by decreasing the number of trips to City Hall and to make public access to public records readily available; however, the system often breaks down and is not particularly user friendly. He stated that the user base of the system has dwindled to 77 people, other than staff or commissioners, from the original 800 subscribers. He noted that City On-line has cost the City approximately $16,000 to date, and there are additional costs associated with maintenance, incompatibility of some of the hardware and software that was donated, and the additional work on City employees to gather requested information. He then reviewed the elements of the system used by Santa Monica and its associated costs. He suggested that the Council order a needs assessment of the City's On-line program and establish realistic budget goals relative to the amount of people actually using the MARCH 1, 1994 5. PAGE 5 system. In response to Joshua Paulsen's concern, he concurred that the stream at Sycamore Park is polluted and should be further investigated by staff. M/Werner stated that he met with members of the Chamber of Commerce to discuss the loss of business in the community because of the current economic climate. He requested that the Economic Development sub -committee present a report at a future meeting to update the Council and community on what the City is doing to accommodate the business community. He encouraged the community to support the business community and attend the Chamber of Commerce auction scheduled on Sunday, March 6, 1994. SCHEDULE OF FUTURE EVENTS: 5.1 GENERAL PLAN ADVISORY COMMITTEE - March 8, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - March 10, 1994 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION - March 14, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING - March 15, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: It was moved by C/Papen, seconded by MPT/Harmony to approve the Consent Calendar with the exception of Item No. 6.5. Motion carried unanimously by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Miller, Papen, MPT/ Harmony and M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVAL OF MINUTES: 6.1.1 Regular Meeting of January 18, 1994 - Approved as submitted. 6.1.2 Regular Meeting of February 1, 1994 - approved as submitted. 6.2 PLANNING COMMISSION MINUTES - Regular Meeting of January 24, 1994 - Received & filed. 6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of December 16, 1993 - Received & filed. 6.4 PARKS & RECREATION COMMISSION MINUTES - 6.4.1 Regular Meeting of September 30, 1993 - Received & Filed. 6.4.2 Regular Meeting of October 28, 1993 - MARCH 1, 1994 PAGE 6 Received & Filed. 6.4.3 Regular Meeting of November 18, 1993 - Received & Filed. 6.4.4 Regular Meeting of December 16, 1993 Received & Filed. 6.4.5 Regular Meeting of January 27, 1994 - Received & Filed. 6.6 TREASURER'S REPORT - Received & Filed Treasurer's Report for January, 1994. 6.7 RESOLUTION NO. 94-09: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT DIAMOND BAR BOULEVARD AND FOUNTAIN SPRINGS ROAD AND AT DIAMOND BAR BOULEVARD AND SHADOW CANYON DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. C/Papen moved, MPT/Harmony seconded to adopt Resolution No. 94-09 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT DIAMOND BAR BOULEVARD AND FOUNTAIN SPRINGS ROAD AND AT DIAMOND BAR BOULEVARD AND SHADOW CANYON DRIVE IN SAID CITY iD AUTHORIZING AND DIRECTING THE CITY CLERKO ADVERTISE TO RECEIVE BIDS. With the following R611 Call vote, motion carried: t AYES: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.8 RESOLUTION NO. 94-10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PARTICIPATION IN THE LOS ANGELES COUNTY COMMUNITY DEVELOPMENT COMMISSION'S HOME OWNER -OCCUPIED SINGLE-FAMILY HOUSING REHABILITATION PROGRAM. C/Papen moved, MPT/Harmony seconded to adopt Resolution No. 94-10 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PARTICIPATION IN THE LOS ANGELES COUNTY COMMUNITY DEVELOPMENT COMMISSION'S HOME OWNER -OCCUPIED SINGLE-FAMILY HOUSING REHABILITATION PROGRAM. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None MARCH 1, 1994 PAGE 7 MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.5 APPROVED VOUCHER REGISTER DATED MARCH 1, 1994 - MPT/ Harmony requested that the Wildish & Nialis $9,999.99 bill be withdrawn from the Voucher Register for discussion because the contract relates to litigation Miller v. Gross and appears to have been approved in violation of the Brown Act since the action of the City Council was not properly reported outside of Executive Session, nor was it properly disclosed to newly -elected Council Members. He requested an audit by the City Attorney to determine if the City is being accurately billed. CM/Belanger, at the request of M/Werner, stated that he could not provide a legal opinion since he is not an attorney; however, he believed the actions taken by the Council were not unlawful, and if there was a violation, it was a technical violation in relationship to the reporting. He stated that he was directed by the Council to contact Wildish & Nialis for the City to defend Mr. Miller; therefore, he acted under City Manager authority to execute an agreement under $10,000. He explained that the bill incorporated all charges from the first day for services rendered by Wildish & Nialis on the matter. C/Papen pointed out, for the record, that she was not present at the subject Executive session and that she would abstain from voting on this matter. She noted that a Council Member is entitled to be represented, at City expense, if a lawsuit is filed against that Council Member during the course of their actions. She further noted that C/Miller agreed that he would indemnify the City if it is determined that there is fraud involved. ICA/Montgomery, at the request of M/Werner to clarify the abstention rule, stated that if a Council Member abstains because of a direct conflict,_ the FPPC views that party as not being present for the deliberation and is not counted toward a quorum. If a Council Member elects to abstain because he/she did not participate in the original decision, the party is still counted toward the quorum. If the voting concerns a policy decision, then the Council Member need not abstain even if he/she did not participate in the original decision. He stated that there is a Rule of Necessity which would allow C/Miller to vote if all else fails in a 2-2 tie. He then stated that this should be the last bill from Wildish & Nialis. MARCH 1, 1994 PAGE 8 MPT/Harmony reiterated his concern that this item had the appearance of a violation of the Brown Act. He pointed out that C/Miller would have to reimburse the City, regardless of his offer, if he is charged with a crime. He pointed out that the lawsuit is a counter suit resulting from a personal suit filed by C/Miller. He then reiterated his request for an audit to verify the bill amount. C/Miller stated that he was sued for speaking at a Realtors function as the Mayor of the City. He inquired if the City could incur additional charges by not paying the bill of a valid contract. ICA/Montgomery stated that it is possible for the firm to take the City to court to collect on a valid contract. C/Ansari suggested that the City Council approve paying the bill, with the stipulation that C/Miller agree to indemnify himself. CM/Belanger pointed out that if there is to be an audit on the bill, another attorney other than ICA/Montgomery would have to do the audit in order to determine whether the charges set forth in the invoice are appropriate. MPT/Harmony stated that many attorneys offer audit services free of charge as a courtesy to the City. He stated that the City needs to look at how its Council Members are spending money on legal matters. MPT/Harmony moved, M/Werner seconded to withdraw the Wildish & Nialis bill from the Voucher Register to allow the City Attorney, in conjunction with the City Manager, to review the bill as presented, and to make a determination that the charges are proper and appropriate. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Papen ABSTAIN: COUNCIL MEMBERS - Miller MPT/Harmony moved, M/Werner seconded to approve the Voucher Register as amended. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, MPT/ Harmony and M/Werner NOES: COUNCIL MEMBERS - None MARCH 1, 1994 PAGE 9 ABSENT: COUNCIL MEMBERS - Papen RECESS: M/Werner recessed the meeting for Closed Session at 9:25 p.m. RECONVENE: M/Werner reconvened the meeting at 10:15 P.M. 11. CLOSED SESSION: May Convene to Consider: Matters of Pending Litigation, Government Code Section 54956.9 - Diamond Bar Associates vs. City. ICA/Montgomery reported that the Council instructed special legal counsel, Leonard Hemple, to continue to pursue negotiations on behalf of the City. No other reportable action was taken. 7. PUBLIC HEARINGS: None held. 8. OLD BUSINESS: 8.1 VERBAL REPORT FROM CHIEF LOCKHART WITH L.A. COUNTY FIRE DEPARTMENT DURING EXPLOSION AT CIMARRON OAKS - It was noted that the paramedics had arrived during Closed Session to attend to a member of the audience who had fallen ill. Chief Lockhart, regarding the Fire Department's nine minute response time on February 5, 1994 to 780 Golden Springs Dr., Cimarron Oaks, explained that the response time took longer than the usual five minutes because engine trucks from surrounding fire stations were involved in a training drill and there was misjudgment in the amount of time one of the fire engines would return to the station. MPT/Harmony inquired what change in operational procedures will be exercised so that D.B.'s three stations are not left vacant. Chief Lockhart stated that the procedure has worked well in the past, but the need to improve communication in these types of situations will be re-emphasized. Oscar Law complimented Chief Lockhart on the outstanding paramedics in his unit. Don Schad commended the paramedic unit as well. M/Werner expressed the City's appreciation for services provided by the Fire Department. 8.2 SECOND READING - ORDINANCE NO. 01(1994): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING CHAPTER 15.30 (HOUSING CODE) OF THE DIAMOND BAR CITY CODE, AS HERETOFORE MARCH 1, 1994 PAGE 10 ADOPTED, ADDING A NEW CHAPTER 15.30 TO THE DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE, THE BUILDING AND PROPERTY REHABILITATION CHAPTER 99 OF TITLE 26 OF THE LOS ANGELES COUNTY BUILDING CODE, 1988 EDITION TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS - C/Papen indicated that it was her belief the City was adding Chapter 99 of Title 26 to Chapter 15.30 (Housing Code) and not repealing Chapter 15.30. CDD/DeStefano stated that the Council had discussed repealing Chapter 15.30 (Housing Code) and replacing it with Chapter 99, incorporating almost all of the Housing Code provisions thus enhancing existing code enforcement tools. C/Papen requested that the item be held over for two weeks to allow the Council further time to review the text. The Council concurred to bold the matter to the next meeting. 8.3 PARKS & RECREATION COMMISSION APPOINTMENT MPT/Harmony appointed Mr. (Steven Tye as Parks & Recreation Commissioner. 8.4 VERBAL PROGRESS REPORT ON GENERAL PLAN ADVISORY COMMITTEE - M/Werner suggested that, in consideration of time, the matter be held over to the next Regular meeting. The City Council concurred. 8.5 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY - MPT/Harmony suggested that, in consideration of time, the matter be held over to the next Regular meeting. The City Council concurred. C/Papen requested staff to assure that, when the item is brought before the City Council, the memorandum should be on letterhead, if it is from the City Attorney's Office, and it should include the Interim City Attorney's signature. 9. NEW BUSINESS: 9.1 RESOLUTION NO. 94-11: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS SB821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN - ICE/ Wentz reported that the City proposes to use the $19,761 funds MARCH 1, 1994 PAGE 11 allocated in the FY 93-94 budget through SB821 to construct and improve bicycle lanes on Brea Canyon Rd. between Pathfinder Rd. and D.B. Blvd. He recommended adoption of a Resolution providing for a claim to be submitted for the TDA Article 3 allocation for FY 93-94 and that the City Clerk be directed to provide a copy of the Resolution to L.A. County Metropolitan Transportation Authority. C/Miller moved, C/Papen seconded to adopt Resolution No. 94-11 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS SB821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Papen, Miller, Ansari, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.2 REHABILITATION OF DIAMOND BAR BLVD. FROM GRAND AVE. TO BREA CANYON RD. - ACM/Usher reported that Diamond Bar Blvd. between Grand Ave. and Brea Canyon Rd. is in need of pavement rehabilitation. Staff received and evaluated fourteen proposals for the design services. He recommended that the Council award a design services contract to Nolte & _Associates, Inc. in an amount not to exceed $79,953. Lee Saga, managing principal of Nolte & Associates, L.A. area office, expressed pleasure at having been selected to provide the needed services. M/Werner suggested video monitoring to determine and document existing conditions and changes occurring during the course of the work, as well as to establish a record for future City activities. C/Papen requested that the specifications state that rubberized asphalt should be used, thus following the City's environmental policies. C/Miller moved, C/Ansari seconded to award a design services contract to Nolte & Associates, inc. in an amount not to exceed $79,953. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Papen, Miller, Ansari, MPT/Harmony and M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None MARCH 1, 1994 PAGE 12 9.3 AD HOC CABLE TV COMMITTEE (CITY COUNCIL SUB- COMMITTEE) - M/Werner stated that an Ad Hoc Cable TV Committee is being formed as a means of negotiating terms of a new franchise contract with the local cable TV provider. MPT/Harmony and M/Werner volunteered to be on the committee. The City Council concurred. Max Maxwell volunteered to participate on the Committee. 10. ANNOUNCEMENTS: C/Ansari reiterated her announcement that the Friends of the Library will hold a fundraiser on March 20, 1994 to help support the Library. C/Papen requested that the budget review meeting scheduled for March 9, 1994 be postponed because she will be in Washington, D.C. on that date. The Council agreed not to discuss budget review items at the March 9, 1994 meeting. -- 12. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 10:55 p.m. to March 9, 1994 at the AQMD Hearing Room. +LYDAtBURCGES-S, City Clark