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HomeMy WebLinkAbout12/06/1994 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 6,1994 1. CALL TO ORDER: M/Werner called the meeting to order at 6:32 p.m. in the AQMD Auditorium, 21865 E. Copley Dr., Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Werner. ROLL CALL: Council Members Ansari, Miller, Papen, Mayor Pro Tem Harmony and Mayor Werner. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager, Michael Montgomery, Interim City Attorney; George Wentz, Interim City Engineer; James DeStefano, Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: 2.1 PRESENTED CERTIFICATES OF RECOGNITION - to winners of the "What Diamond Bar Means to Me" Essay Contest sponsored by the D.B. Historical Society. 2.2 PRESENTED CON VIENDATION - to Pastor Robert Clayton for his efforts --, in assisting local residents. 2.3 PRESENTED CERTIFICATES OF RECOGNITION - to the 1994 General Plan Advisory Committee. 2.4 Presented a City Tile to Glennon Neubauer, Outgoing President of the D.B. Historical Society. 3. PUBLIC COMMENTS: Karl Rosen, President, D.B. Chamber of Commerce, presented M/Werner with a plaque and commended him for his support and assistance with the Chamber and the entire business community during his term as Mayor. fun Paul, 1269 Ahtena Dr., commented on Landscape District No. 38 and thanked the City as well as Mr. Liu, Mr. Wentz, Mr. Belanger and C/Ansari for landscaping the medians on Golden Springs. Red Calkins, 240 Eagle Nest Dr., stated that there are numerous rumors going around about several Councilmembers. Wilbur Smith, 21630 Fairwind Ln., commented on the traffic on D.B. Blvd. during the street construction. He asked if CalTrans could put signs on the 57 freeway at the D.B. off -ramp to indicate to people of the traffic problem. He asked the City Engineer to have the lights at the south end of D.B. altered to slow down traffic coming off the freeway. Frank Dursa, 2533 Harmony Hill, announced the possibility of an appeal of the Court's decision regarding the recall of Councilmembers Miller and Papen and stated DECEMBER 6, 1994 PAGE 2 that the Council should appoint someone to the MTA who will definitely be on the Council next year. He suggested that either MPT/Harmony or C/Ansari be appointed to the MTA. Nick Anis asked if the City and Councilmembers Miller, Papen and Ansari had endorsed Paul Horcher. Dr. Lawrence Rhodes, Fiber Ct. asked when is a point of order during public discussions valid. He commented that C/Papen has done an excellent job and he strongly supports C/Papen being on the MTA. George Barrett, 1884 Shaded Wood Rd., congratulated M/Werner on the fine job he has done as Mayor. He also stated that MPT/Harmony or C/Ansari should be the next mayor. Max Maxwell, 3211 Bent Twig Ln., thanked M/Werner for the wonderful job he has done. Don Schad, 1884 Shaded Wood Rd., commented on the emergency meeting regarding Sandstone Canyon Park and how fortunate that the City has Mr. -- Montgomery as the City Attorney. He also commented on the Sycamore Canyon Park clean-up stating that 1,500 tbs. of trash and graffiti were cleaned up. He thanked the following service groups for their participation: Girl Scout Troop 275, Rotary Club, Interact, D.B. High School, Cal Poly, Cal Poly Alpha Sigma Lobra, Daisy Girl/Boy Scouts Troops 703 and local residents. He thanked M/Werner and the entire Council for their help. He also announced that he is planning nature hikes for seniors, students and science groups. He further commented on the ticketing on D.B. Blvd. and the sign always being moved to new locations. Jack Gutowski thanked all of the Councilmembers and hMerner for a fine job. 4. COUNCIL COMMENTS: C/Mller announced that D.B. High School did a tremendous job during the football CIF play-offs. He also stated that everyone needs to treat each other with more respect during 1995. C/Ansari thanked the citizens of D.B. for electing her to the Council. She also thanked the other members of the Council and stated that M/Werner had done a tremendous job even with the personal attacks. She announced a free home seminar hosted by the City, 9:00 a.m. - 12:00 p.m. at Heritage Park Community Center for first-time home buyers with low or moderate income. She stated that Lt. Hanson supplied her with a Survey for 1993 and D.B. was rated 24th out of 181 cities for being safe. C/Papen thanked the support of her colleagues and those in the audience. She stated that a letter endorsing Mr. Horcher, which contained her name, was sent out by DECEMBER 6, 1994 PAGE 3 NFT/Harmony and expressed concern that the letter was sent without her permission. She also stated that she signed the Notice of Intent to Recall Assemblyman Paul Horcher. Regarding MPT/Harmony's alleged assaults on Council Members, she stated that she witnessed these assaults. WT/Harmony stated that the City needs to enter into the new year with peace and tranquility. He shared his "free" holiday shuttle bus ride pictures and expressed disappointment that the shuttles did not contain the literature or coupons promised by the Chamber of Commerce. He commented on the Sycamore Canyon Park trash clean up. He also commented on slurry seal that was done by mistake in the City of Industry and stated that he had notified staff immediately of this. MPT/Harmony announced that the City is attempting to get 3 gas stations approved by the State for recycling of used motor oil. M/Werner thanked all of the Council Members and citizens for their positive comments. He announced the good that the City has done with the road improvements. C/Miller requested that Item 9.2 be moved up to accommodate the citizens in attendance for this item. 9.2 REQUEST BY EVANGELICAL FREE CHURCH OF DIAMOND BAR TO PARK ALONG SOUTHBOUND DIAMOND BAR BOULEVARD FROM CROOKED CREEK DRIVE TO THE NORTHERLY DRIVEWAY OF THE CHURCH ON SUNDAYS - ICE/Wentz stated that a field review and investigation was completed by staff and key issues were taken to the Traffic & Transportation Commission. The Commission's primary concern was parking along this section of D.B. Blvd. because of the horizontal curvature and because the limiting width of the bicycle lane could cause potential safety concerns for the City. Therefore, it was felt that it would not be prudent to authorize the temporary parking. He advised that the Traffic & Transportation Commission felt that, on a temporary basis, this could be accommodated if D.B. Blvd. was re -striped along this section as part of the street improvement project now under way. M/Werner stated that the City recently granted a request of St. Denis Church and asked what the distinguishing differences are. ICE/Wentz advised that staff also requested that that request be denied. He stated the only difference between the two locations is the road alignment. Mark Hopper, Pastor, Evangelical Free Church, stated that they wanted the same treatment as St. Denis for parking on the streets on Sundays. He stated that there had never been any safety problems in the past. C/Papen asked if the double left turn lane is addressed. DECEMBER 6, 1994 PAGE 4 ICE/Wentz advised that it would ultimately become an issue at such time as the double left turn is installed. M/Werner asked if the bicycle lane striping could be accomplished in a way that would eliminate the concerns of staff regarding safety. ICE/Wentz advised that this would eliminate the concerns because it would be temporary until the double left turn is installed in the next 90 to 180 days. MlWeiner stated that as with St. Denis, once there are traffic hazards associated with the allowance of parking, the Council would re-evaluate the possibility of going back to another form of traffic control. C/MUer moved, C/Papen seconded to approve on -street parking on D.B. Blvd. from Crooked Creek Dr. to the northerly driveway of the church from 6:00 a.m. to 10:00 a.m. on Sundays until modification of the intersection of D.B. Blvd. and Brea Canyon Rd. begins. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Mller, Ansari, Papen, MPT/Harmony, M/ Werner -- NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 5. REORGANIZATION OF CITY COUNCIL: . Wilbur Smith asked the Council to give the audience a clear understanding of the process and procedures for selecting the Mayor. Don Schad suggested appointment of MPT/Harmony as Mayor and C/Ansari as Mayor Pro Tem. George Barrett concurred with Mr. Schad regarding the appointment of Mayor and Mayor Pro Tem. Dr. Lawrence Rhodes commented that working with the City and Council has been a pleasure; however, during Council meetings they fall apart. He commented on the outbreaks by MPT/Harmony and believes that because of that, he should not be appointed Mayor. He suggested selection of C/Ansari for Mayor. Steve Nice and Red Calkins stated that the public should vote for the Mayor. Max Maxwell agreed with Mr. Calkins; however, he asked that the Council appoint MPT/Harmony as Mayor. Jan Dabney suggested that a senior member of the Council should be Mayor. DECEMBER 6, 1994 PAGE 5 Jack Gutowski stated that the voters recently voted for Mr. Harmony for Council and that should tell all. Terry Birrell reiterated that voters elected Mr. Harmony for Council and he should be appointed as Mayor. Tim Paul requested that the Council Members support the Mayor for the new year. CM/Belanger reported that Government Code Section 36801 provides that the Mayor of a General Law city is selected by a vote of the Council unless there is an initiative to have a directly elected Mayor. He requested that the positions of Mayor and Mayor Pro Tem not be vacated until there is an affirmative vote of a new Mayor and Mayor Pro Tem. In response to C/Mller, CM/Belanger stated that it would be prudent not to have the seat of Mayor vacated before the Council elects a new Mayor. ICA/Montgomery advised that this request is simply a political decision on whether or not to declare the seat vacant. He advised that per Code, somebody must chair the meeting and the Council must select a Chair. C/Mller moved, C/Papen seconded to vacate the seat of Mayor and Mayor Pro Tem. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Miller, Papen, MPT/Harmony NOES: COUNCIL MEMBERS - M/Werner ABSENT: COUNCIL MEMBERS - None 5.1 SELECTION OF MAYOR - C/Mller nominated C/Papen for Mayor, C/Papen seconded the motion. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Miller, Papen NOES: COUNCIL MEMBERS - Ansari, Harmony, Werner ABSENT: COUNCIL MEMBERS - None C/Werner moved, C/Ansari seconded to nominate C/Ansari as Mayor. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Ansari, Wemer NOES: COUNCIL MEMBERS - Harmony, MIiller, Papen ABSENT: COUNCIL MEMBERS - None C/Ansari moved, C/Werner seconded to nominate C/Werner as Mayor. With the following Roll Call vote, motion failed: DECEMBER 6, 1994 PAGE 6 AYES: COUNCIL MEMBERS - Ansari, Werner NOES: COUNCIL MEMBERS - Harmony, Miller, Papen ABSENT: COUNCIL MEMBERS - None C/Ansari moved, C/Miller seconded to appoint Gary Werner as Interim Mayor to chair the election. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, Papen, Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None RECESS: C/Werner recessed the meeting at 8:33 p.m. RECONVENE: C/Werner reconvened the meeting at 9:00 p.m. 5.1 SELECTION OF MAYOR (CONTD.) - C/Mller moved, C/Papen seconded to carry items 5.1 and 5.2 over to the December 20, 1994 meeting and have C/Werner continue as Interim Mayor for the period. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Miller, Papen NOES: COUNCIL MEMBERS - Ansari, Harmony, Werner ABSENT: COUNCIL MEMBERS - None C/Ansari nominated Clair Harmony as Mayor, C/Harmony seconded the motion. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Ansari, Harmony NOES: COUNCIL MEMBERS - Miller, Papen, Werner ABSENT: COUNCIL MEMBERS - None 5.2 SELECTION OF MAYOR PRO TEM - Continued to December 20, 1994. 5.3 PRESENTATION TO MAYOR GARY H. WERNER - Continued to December 20, 1994. 5.4 APPOINTMENT OF DELEGATES AND/OR ALTERNATES TO COMMISSIONS/COMMITTEES AND OTHER AGENCY BOARDS - Regarding appointment to the Southeast Mosquito Abatement District, C/Ansari advised that Dexter MacBride has done an excellent job. She stated that this is a political appointment; however, it does not have to be a politician or a Council Member. Mr. MacBride agreed to continue in his position on the Mosquito Abatement DECEMBER 6, 1994 PAGE 7 District for two years. C/Miller moved, C/Ansari seconded to appoint Dexter MacBride to the Southeast Mosquito Abatement District for two years. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Mller, Papen, Werner NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None RECESS: RNWemer recessed the meeting at 9:06 p.m. RECONVENE: IM/Werner reconvened the meeting at 9:25 p.m. S. OLD BUSINESS: 8.1 2ND READING OF ORDINANCE NO. 03(1994): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DIAMOND BAR BY --- RECLASSIFYING CERTAIN REAL PROPERTY, HEREIN DESCRIBED, FROM THE A-2-2 (HEAVY AGRICULTURE) ZONE TO THE R-1-40,000 (SINGLE FAMILY RESIDENCE) ZONE. (ZONE CHANGE NO. 92-2). CM1ler moved, C/Harmony seconded to approve second reading by title only and waive full reading and adopt Ordinance No. 03 (1994) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DIAMOND BAR BY RECLASSIFYING CERTAIN REAL PROPERTY, HEREIN DESCRIBED, FROM THE A-2-2 (NAVY AGRICULTURE) ZONE TO THE R-140,00 (SINGLE FAMILY RESIDENCE) ZONE. (ZONE CHANGE NO. 92-2). With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, Papen, Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6. SCHEDULE OF FUTURE EVENTS: 6.1 TRAFFIC & TRANSPORTATION COMMISSION - December 8, 1994 -7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6.2 PLANNING COMMISSION MEETING - December 12, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.3 PARKS & RECREATION COMMISSION - December 15, 1994 - 7:00 p.m., DECEMBER 6, 1994 PAGE 8 Heritage Park Community Center, 2900 S. Brea Canyon Rd. 6.4 CITY COUNCIL MEETING - December 20, 1994 - 6:30 P.M., AQMD Board Hearing Room, 21865 E. Copley Dr. 7. CONSENT CALENDAR: C/Ansari moved, C/Harmony seconded to approve the Consent Calendar with the exception of Items 7.11 and 7.13 and noting the abstention of C/Miller on Item 7.9. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, Papen, Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Miller stated that he would abstain on voting on Item 7.9 due to a potential conflict of interest. 7.1 APPROVAL OF MINUTES: 7. 1.1 Adjourned Regular Meeting of September 12, 1994 - Approved as submitted. 7.1.2 Regular Meeting of September 20, 1994 - Approved as submitted. -- 7.2 PLANNING COMMISSION MINUTES: 7.2.1 Regular Meeting of July 16, 1994 - Received & filed 7.2.2 Regular Meeting of July 18, 1994 - Received & filed 7.2.3 Regular Meeting of July 25, 1994 - Received & filed 7.2.4 Regular Meeting of August 1, 1994 - Received & filed 7.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 7.3.1 Regular Meeting of August 11, 1994 - Received & filed 7.3.2 Regular Meeting of September 8, 1994 - Received & filed 7.3.3 Regular Meeting of October 13, 1994 - Received & filed 7.4 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of October 26, 1994 - Received & filed. 7.5 APPROVED VOUCHER REGISTER DATED DECEMBER 6, 1994 IN THE AMOUNT OF $732,196.94. 7.6 RELEASED GRADING BOND POSTED FOR 21865 E. COPLEY DRIVE IN THE AMOUNT OF $2,700. 7.7 ADOPTED RESOLUTION NO. 93-53A- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT DECEMBER 6, 1994 PAGE 9 PER PARCEL DISCRETIONARY GRANT PROGRAM FOR LIGHTING OF SPORTS FIELDS AT PETERSON PARK. 7.8 ADOPTED RESOLUTION NO. 94-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE STATE -LOCAL ENTITY MASTER AGREEMENT NO. SLTPP 07-5455 FOR GRANT FUNDS FOR THE STATE AND LOCAL TRANSPORTATION PARTNERSHIP PROGRAM UNDER SECTION 2600 ET SEQ. OF THE STREETS AND HIGHWAYS CODE FOR THE DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT. 7.9 ADOPTED RESOLUTION NO. 94-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF A RIGHT -TURN LANE ON SOUTHBOUND BREA CANYON ROAD AT WESTBOUND SR 60 ON-RAMP AND ESTABLISHMENT OF A "NO STOPPING ANYTIME" ZONE ON THE WEST SIDE OF BREA CANYON ROAD FROM THE SR 60 ON-RAMP TO A POINT 300 FEET NORTHERLY THEREOF. 7.10 APPROVED PRODUCTION OF COMMUNITY NEWSLETTER AND RECREATION GUIDE - 4 four newsletters/recreation guides, on an annual basis, at an additional cost of $15,000. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, Papen, Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7.12 PLANNING COMMISSION APPOINTMENT - Confirmed the appointment of Robert Huff to the Planning Commission. MATTERS WITHDRAWN FROM CONSENT CALENDAR.- 7.11 ALENDAR 7.11 CANDIDACY FOR METROPOLITAN TRANSPORTATION AUTHORITY, BOARD OF DIRECTORS, ALTERNATE: COUNCIL MEMBER PHYLLIS PAPEN - CM/Belanger advised that C/Papen has been an alternate board member of the MTA for the — past two years. She has been nominated and is a candidate to continue on as an alternate. C/Harmony asked C/Papen if she used her MTA Board membership to solicit funds from that agency's vendors and special interests for Gary M[iller's campaign for State Senate. DECEMBER 6, 1994 PAGE 10 C/Papen stated that she had never written any letter raising funds for any candidate using her title on the L.A. County Metropolitan Transportation Authority nor had she solicited funds for any political candidate by any contractor or proposed applicant of any project before the MTA. Further, she had never received any money or financial contributions from anyone related with any contract with the MTA. C/Nfiler stated that he is unaware of any documents that C/Papen wrote for him as Director or as an individual involving anything to do with his candidacy for the Senate and he filed Campaign Statements indicating all monies that he received. C/Werner advised that the Council cannot appoint a Council Member to the MTA Board; however, they requested the Council to vote for the City Selection Committee on behalf of C/Papen. Max Maxwell, 3211 Bent Twig Ln., asked the Council to clarify if the Mayor appoints someone to the MTA. He stated that C/Papen should not be reappointed as it is time for someone else to represent the City. He also stated that C/Papen should not be recommended for Mayor. -- C/Werner advised that the City Selection Committee is made up of the Mayors of the cities on the MTA Board and, in the Mayor's absence, there needs to be an alternate for voting. C/Ansari stated that C/Papen has done a remarkable job on the MTA and fully endorsed her as the alternate. C/Papen thanked the Council for their support and commented on traffic problems being the number one issue in the City. She reported that when she ran for Council, she made it a priority to control the traffic problem. She also advised that since there has been a representative on the MTA Board, the City has received two grants for light synchronization on Grand Ave. in the amount of $280,000 and a new project that will include synchronization of 22 traffic lights on D.B. Blvd/Mission through the cities of D.B. and Pomona in the amount of $400,000. Further, the City won full funding for $52 million for carpool lanes on the 60 and 57 freeways and construction is scheduled to start October 1995. She stated that the 60/57 freeway interchange has not been completed and it is her goal to complete- that project with the help of the MTA, Federal and State funds. It was moved by C/Mller, seconded by C/Ansari to support the candidacy of C/Papen for alternate member to the Metropolitan Transportation Authority for the San Gabriel Valley cities. Further, to support C/Ansari as alternate alternate. Motion carried by the following Roll Call vote: DECEMBER 6, 1994 PAGE 11 AYES: COUNCIL MEMBERS - Ansari, Miller, Papen, Werner NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 7.13 LIBRARY SERVICE ALTERNATIVES STUDY - C/Werner stated that this item was withdrawn from the Consent Calendar because the City had not yet seen any proposals for the library service alternatives study. He advised that the City of San Dimas is conducting the study but has not forwarded the information. CM/Belanger advised that the project has an 8 -week time line and the study should be completed the later part of January, 1995. Continued to December 20, 1994. 8. OLD BUSINESS (CONT -D.) 8.2 FINANCE COMMITTEE REPORT AND RECOMMENDED MATTERS - Continued from November 15, 1994. (a) ORDINANCE NO. XX(1994) - AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCES 20(1989) AND 20A(1989) - ACMIUsher reported that the purpose of the ordinance is to update requirements for advertising for purchases, obtaining bids and purchasing and is based on a review of the City's existing ordinance along with those of a number of other cities in So. Calif. C/Papen commended staff for the fine work done in putting the ordinance together as well as Council Members Ansari and Werner for their work as the Council's sub -committee. She asked about the use of recycled materials and stated that in the previous ordinance, it was required that reports submitted be copied front to back; however, in the new manual, it encourages the use of recycled materials but does not include the requirement that materials be copied front to back. ACM/Usher pointed out that bid and consultant proposals are encouraged to be copied on both sides of the paper, but he was concerned that a proposal would not be accepted if it was not copied front to back. C/Papen suggested that that part of the ordinance be enforced. Max Maxwell, 3211 Bent Twig Ln., stated that the City should have a strict and new policy compared to the existing ordinance. He DECEMBER 6, 1994 PAGE 12 expressed concern that the City Manager has a $10,000 limit which should be lowered to $5,000. Terry Birrell stated that there is no need for a new purchasing ordinance and that the new ordinance was not ready for Council approval. Frank Dursa stated that Ms. Birrell's recommendation should not be taken lightly and agreed that the ordinance is not ready to be approved. He stated that the City Manager has an excessive spending limit. NTT/Harmony recommended that the Council proceed with the recommendations and concurred that the current ordinance is accurate; however, it was not followed as verified by the Moreland Report. He stated that he had written changes to submit. C/Werner directed that C/Harmony's recommendations be submitted to staff and that this item be continued to December 20. C/Miller recommended that C/Harmony's recommendations be reviewed by the Committee prior to the next Council meeting and the subcommittee come back with their responses. Continued to December 20, 1994. (b) REQUEST FOR PROPOSALS - ANNUAL INDEPENDENT FINANCIAL AUDIT SERVICE AND QUARTERLY COMPLIANCE AUDITS, FOR FISCAL YEARS 1994-95, 1995-96 AND 1996-97. CM/Belanger advised that the request would include an annual independent financial audit of the City's financial systems including quarterly compliance audits for FY 1994-95, 1995-96 and 1996-97. In response to C/Harmony, CMBelanger explained that quarterly reports should be done through a formal process so that the citizens, Council and others .can be secure that staff is conforming to the rules, regulations and procedures as they relate to the financial management system. C/Harmony concurred with CM/Belanger's theory of quarterly reports for making immediate corrections; however, the company presently doing the City's audits has yet to submit their report. CM/Belanger stated that staff has asked the accounting firm to submit its report. DECEMBER 6, 1994 PAGE 13 C/Papen advised that Council and staff have identified purchase orders that had potential problems which were comments on in the Moreland Report. C/Ansari stated that there are no problems with the finances of the City. The community and staff are involved in the Finance Committee and no wrong doing has been found. C/Miller moved, C/Ansari seconded to approve the Request for Proposals for Annual Independent Financial Audit Service and Quarterly Compliance Audits for FY 1994-95, 1995-96 and 1996-97. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, Papen, Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.3 MEMBERSHIP IN THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY - CM/Belanger advised that the updated report indicates that the Council is desirous of becoming a signatory to the Joint Powers Authority. He suggested that Council consider requesting the Authority to certify that all items relating to the agreement can only be changed with a unanimous consent of the members, that eminent domain be prohibited as an instrument for acquisition of property, that the use of taxation assessments in other levies be prohibited in terms of raising capital to purchase or acquire properties under the scope of the Authority. He stated that there is language defining and discussing how one defines what the wildlife corridor area is, referenced in Section 3.0 of the Agreement. Joseph Edmiston, Executive Director, San Joaquin Mountains Conservancy, stated that the Internal Revenue Code provides very powerful incentives if an agency has the right of eminent domain, it can go in and the Code actually encourages people to get together and make settlements rather than go to court. There is a "forced conversion provision" of the Code which allows a substantial reinvestment period of three years plus the year in which the acquisition is made. He advised that depending on the circumstances of the taxpayer, the Code can be a very powerful tool that a land acquisition agency can use in dealing with that landowner and possibly get a lower amount of actual acquisition dollars with the same benefit to the taxpayer. He stated that ifthe City wanted to restrict the usage, that a provision could be made that it only be done as a matter of last resort. C/Papen clarified that formation of the Authority would give the Authority the power of eminent domain. DECEMBER 6, 1994 PAGE 14 Mr. Edmiston answered that the Authority would have the powers of the individual cities and each individual city has the right to eminent domain. C/Papen expressed concern about the wording in that the voting member representing a City could cast a vote without going back to the entire Council for approval, which is one of her objections. She recommended that the wording be changed to read "that it would be with the approval of the member agencies, not the changes to the bylaws, and these type of issues must be approved by the majority of the member agencies, not the majority of the voting delegates." Mr. Edmiston advised that the bylaws have to be done by a unanimous vote of all member entities. C/Papen expressed concern with staffs recommendation that the Council approve it with these modifications indicating that the issues she raised are valid. Approving the JPA as written would not require the approval of the member agencies. Mr. Edmiston advised that there is no authority either sought or conferred in this document for any kind of levy or taxation. C/Papen commented on Section 5, page 2 that says "that the authority shall be governed by a Board constituted pursuant to the agreement" and continuing in another section "that they have all the powers of the authority as outlined in the Code" and she questioned what was in that Code specifically to give them the power of eminent domain and taxation. Mr. Edmiston advised that there are two issues and an amendment could be included which would say "there is no power of taxation or no power to levy fees" and that is an accurate statement of the law. He stated that in regard to the power of eminent domain, since that is a mutual power of all of the cities, there is power of eminent domain in this JPA and it is important to have that power. C/Werner asked if he agreed that eminent domain would not be exercised in any one of the member cities without the consent of that jurisdictiods decision-making board. Mr. Edmiston advised that the more appropriate way would be rather than having to have an affirmative vote to do it, there would be a time period in which you could object to the action and it would block such an action. ICA/Montgomery advised that this would work with the Code section. DECEMBER 6, 1994 PAGE 15 C/Papen asked that the conditions be provided in writing as an addendum because the City's joining would be conditional on those changes being approved by all the member agencies and if they did not approve these changes, then the City would not join. ICA/Montgomery asked if the provisions would be placed in the basic document or would it need to be a special addendum for the City. Mr. Edmiston advised that every jurisdiction would like to be treated equal so the provisions that apply to the City would also apply to the other jurisdictions. He recommended that an addendum be narrated with the changes that the Council would like and the very explicit statement that there is not power to tax. Don Schad, 1824 Shaded Wood Rd., thanked the Council for its support in preserving the City's natural resources and asked that the City join the JPA. Max Maxwell, 3211 Bent Twig Ln., also stated that he was in support of Mr. Schad and Mr. Edmiston. Gary Neely, Canoe Cove, asked what kind of monies are being spent to be involved with the JPA --including staff time and attorney time and requested that these costs be tracked. He stated that he agrees with C/Papen that the Council needs to take responsibility in the area of eminent domain and requested that the City not give up that power to anyone unreachable through recall. C/Werner advised that it would cost the City $500 a year with additional monies going out for staff. Continued to December 20, 1994. 9. NEW'BUSINESS: 9.1 I ..-i 1 TF1t IN SUPPORT OF MAXIMUM ALLOWABLE SENTENCE FOR 'I SHADED WOOD ROAD RAPISTS - C/Werner asked for Council rrziw t to send a letter to the Superior Court Judge asking for the maximum prison term allowable for the Shaded Wood Rapists. C/Harmony moved, C/Ansari seconded to approve a letter to be sent to the Superior Court Judge in support of the maximum allowable sentence for the Shaded Wood Rapists. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, Papen, Werner DECEMBER 6, 1994 PAGE 16 NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.3 TRANSIT OPPORTUNITIES - What are the eligible, conditionally eligible and ineligible uses of Prop. A and Prop. C Local Return Funds. What projects are currently being funded by Prop. A. and C. funds. What are the available transportation opportunities that the City could consider. Continued to December 20, 1994 9.3.1 PARATRANSIT SERVICES FOR FISCAL YEAR 1994-95 - C/Miller moved, C/Harmony seconded to approve the contract with Los Angeles County for Paratransit Services for FY 1994-95. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Papen, Miller,Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.4 REQUEST TO PROVIDE RECYCLING SERVICES - DALTON ENTERPRISES, INC. - Continued to December 20, 1994. 10. ANNOUNCEMENTS: None 11. CLOSED SESSION: May convene to consider: Matters of pending litigation (G.C. 54956.9), Personnel (G.C. 54957.6), or purchase/sale of real property (G.C. 54956.8). Records not available for public inspection - None held. I . 12. ADJOURNMENT: There being no further business, IMIWerner adjourned the meeting at 11:10 p.m. Q �Ci L 4 A BURGESS II ATTEST: Mayor i