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HomeMy WebLinkAbout12/19/1994 Minutes - Special MeetingMINUTES OF THE CITY COUNCIL SPECIAL MEETING OF THE CITY OF DIAMOND BAR DECEMBER 19,1994 1. CALL TO ORDER: M/Werner called the meeting to order at 6:30 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Werner. ROLL CALL: Council Members Ansari, Harmony, Miller, Papen and Interim Mayor Werner. Also present were Terrence L. Belanger, City Manager; Michael Montgomery, Interim City Attorney; Frank Usher, Assistant City Manager, Rob Searcy, Senior Planner; George Wentz, Interim City Engineer, Bob Rose, Community Services Director and Tommye Cribbins, Deputy City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: None 3. PUBLIC COMMENTS: Fred Scalzo, President -Elect of the D.B. Chamber of Commerce, announced that the Chamber is organizing a luncheon entitled "Showdown in Sacramento" Tuesday, December 27, 1994 at noon at the D.B. Country Club. Scheduled to be there is Republican Assembly Leader Tun Brulte, --- Republican Assemblyman and Senator -Elect Dick Mountjoy. Both Assemblyman Paul Horcher and Democrat Willie Brown have also been invited. Karl Rosen, representing the D.B. Chamber of Commerce, responded to comments made by C/Harmony during the last Council meeting regarding the Holiday Shuttle. He stated that the Holiday Shuttle has never been a Chamber project, that the City requested and was provided with coupons to be placed on the shuttles and that the funds for the shuttles were provided by Prop A from Sacramento. Mike Garafalo, L.A. County Public Library, Regional Administrator for the East Regional Libraries, stated that on October 14, 1994, the Board of Supervisors approved using General Fund monies to fund public libraries. Starting in January, libraries will be open 54 hours/week. $72,500 will be spent for new materials for books, magazines, CD's and so forth. He thanked the Council for supporting the library the past year. Max Maxwell, regarding Mr. Rosen's statements about the use of Prop A funds for Holiday Shuttle services, stated that taxpayer's dollars are used. Nick Anis, 1125 Bramford Ct., stated that at the last meeting, while speaking, he had been interrupted numerous times by MPT/Harmony. He further stated that — MPT/Harmony had been involved in other types of behavior unbecoming to an elected official and asked that this type of behavior end. Red Calkins stated that, at the last Council Meeting, he had been treated badly by MPT/Harmony. DECEMBER 19, 1994 PAGE 2 George Barrett, 1884 Shaded Wood Rd., stated that he felt that MPT/Harmony had been verbally attacked by some of the speakers this evening and asked M/Werner to give his definition of a "personal attack." Scott Lovell, 21343 Cold Spring Ln., asked C/Harmony to resign as a Council Member. He then presented C/Harmony with a "Notice of Intention to Circulate a Recall Petition." He stated that he was the chairman of the committee to recall C/Harmony. 4. COUNCEL COMMENTS: C/Miller stated that at the end of the last Council meeting, he left upset with Staff because of comments made by C/Harcnony regarding slurry seal work that had been done on Walnut Dr., out of the city limits. Further, he spoke with staff and found that the City did not pay for the work, nor was it billed for the work. It was an error on the part of the sub -contractor. The inspector, who is a contract inspector for the City, stated that he was responsible for the error and will accept full responsibility for the error and the contractor will bill the inspector for the amount. He stated that C/Harmony should apologize to staff for making statements in public that could be misinterpreted. C/Papen stated that at the last meeting, the Council endorsed her re-election as the — alternate to the Board of Directors to the L.A. Metropolitan Transportation Authority, representing the San Gabriel Valley. The election was successful and she received 94 out of 94 possible votes. She further stated that certain parties tried to raid the $40 million set aside for the HOV project on the 60 freeway. Because of her involvement on the Board she was able to find this out on Monday, and with heavy lobbying by staff and support of Larry Walker, San Bernardino County, and other parties, they were able to stop the raid of monies. She thanked the Council for their support and wished all a happy and safe holiday season. C/Harrnony wished a Merry Christmas to all. He spoke about Prop A funds and the fact that the Holiday Shuttle costs $57.00 per passenger, which he didn't feel was any benefit to anyone. He further stated that in regard to the paving of Walnut Ave., he was the one who brought it to the attention of the Engineering staff and made comments at the last meeting, to remind staff to make sure that the City was not charged for the error. He asked for a schedule from staff regarding the work being done on D.B. Blvd. and when it would be open to traffic. C/Ansari stated that she was saddened by comments made by both Council Members and members of the audience, and hoped that the new year would bring peace to the Council so the City can move forward with the business that needs to be done. IM/Werner began by defining "Personal Attack" as being an out of control and uncivilized presentation by a member of the audience or member of the Council. He announced that the City had undertaken a program, in conjunction with Waste Management and Western Waste Industries, called "Tree Cycle." The program will DECEMBER 19, 1994 PAGE 3 operate December 26 to January 20 for recycling holiday trees. Trees will be collected by the waste haulers to be ground up and used as mulch. Further, he announced that trash pick-ups for both Mondays following Christmas and New Years would be collected on Tuesdays. He stated that both he and C/Ansari met with David Liu, Senior Engineer, to get an update on the D.B. Blvd. construction. Completion was pushed back by 30 days --specifically January 14. It was necessary due to the inclement weather; but more importantly, several natural water sources were uncovered that would cause the undermining of the roadbed, which caused the need for a geo-fiber mat, covered with 4" of soil materials that have been compacted and an additional 4" of asphalt. A final topical layering of rubberized asphalt will be placed over the entire width of the blvd. C/Miller asked that the construction not interfere with holiday services at local churches. IM/Werner asked staff to make sure that the contractors coordinate with the churches so they do not interfere with holiday services. He announced that the City -on -Line would be shut down on December 21 for the purpose of upgrading and would be down for approximately 10 days. 5. REORGANIZATION OF CITY COUNCIL: 5.1 SELECTION OF MAYOR - George Barrett, 1884 Shaded Wood Rd., stated that the Council should select a Mayor on the basis of fairness and goodwill. Since C/Harmony was the highest vote getter at the last election and that he was Mayor Pro Tem, he felt that C/Harmony should be Mayor. Red Calkins stated that he felt that C/Papen should be Mayor. Max Maxwell stated that it is obvious that the Council is split in regard to appointing a mayor, with RVVWerner being the deciding vote, and that it is time to come to a decision and vote. C/Harmony moved, C/Ansari seconded to appoint C/Ansari as Mayor. Motion failed by the following voice vote: AYES: COUNCIL MEMBERS - Ansari, Harmony NOES: COUNCIL MEMBERS - Mller, Papen ABSTAIN: COUNCIL MEMBERS - Werner 5.2 SELECTION OF MAYOR PRO TEM - IM/Werner moved to nominate C/Ansari as Mayor Pro Tem. Motion died for lack of second. 5.3 PRESENTATION TO MAYOR GARY H. WERNER - Continued to January 3, 1995. DECEMBER 19, 1994 PAGE 4 5.4 APPOINTMENT OF DELEGATES AND/OR ALTERNATES TO COMMISSIONS/COMMITTEES AND OTHER AGENCY BOARDS - It is customary at the time of the City Council's reorganization that the designation of delegates and alternates to a variety of commissions/committees and other agencies of consideration for change. Continued to January 3, 1995. 6. SCHEDULE OF FUTURE EVENTS: 6.1 CHRISTMAS/NEW YEAR'S HOLIDAY - City offices will be closed December 23, 1994 to December 26, 1994 and January 2, 1995 in observance of the Christmas/New Year Holidays. Offices will open December 27, 1994 and January 3, 1995 respectively. 6.2 CITY COUNCIL MEETING - January 3, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.3 CITY COUNCIL GENERAL PLAN PUBLIC HEARING - January 9, 1995 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7. CONSENT CALENDAR: C/Papen asked that Item No. 7.1.2, Nliinutes of October 18, 1994, be amended regarding her comment "bury the trees..." she believed that was not what was said. CftMer moved, C/flarmony seconded to approve the Consent Calendar as presented with amendment to the Minutes of October 18, 1994. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, Papen, IM/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7.1 APPROVAL OF MINUTES: 7. 1.1 Regular meeting of October 4, 1994 - approved as submitted. 7.1.2 Regular meeting of October 18, 1994 - approved as submitted. 7.2 PLANNING COMMISSION MINUTES: 7.2.1 Regular meeting of August 8, 1994 - received and filed 7.2.2 Regular meeting of August 15, 1994 - received & filed 7.2.3 Regular meeting of August 23, 1994 - received & filed 7.2.4 Regular meeting of August 30, 1994 - received & filed 7.2.5 Regular meeting of September 12, 1994 - received & filed 7.2.6 Regular meeting of September 22, 1994 - received & filed 7.2.7 Regular meeting of September 26, 1994 - received & filed DECEMBER 19, 1994 PAGE 5 7.2.8 Regular meeting of September 27, 1994 - received & filed 7.2.9 Regular meeting of October 17, 1994 - received & filed 7.2. 10 Regular meeting of October 24, 1994 - received & filed 7.3 APPROVED VOUCHER REGISTER DATED DECEMBER 19, 1994 - in the amount of $582,481.79. 7.4 RECEIVED & FILED TREASURER'S REPORT FOR MONTH OF OCTOBER, 1994. 7.5 REJECTED CLAIM FOR DAMAGES - Filed by Linda a. Keys on December 5, 1994 and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 7.6 RELEASED CASH BOND - No. 038 478230 SO for 24085 Falcons View Rd. in the amount of $3,870 and declared the obligations under the bond null and void. 7.7 APPROVED LIBRARY SERVICE ALTERNATIVES STUDY - Martha Bruske asked that the Council keep in mind that the discussion is over the L.A- County Library system and that the City should expect that the County will finance and manage their own libraries. She felt that if the City finances the Library, the County will be happy to let it. She asked the Council to use a "wait and see" attitude when considering financing. Approved the Library Service Alternatives Study to evaluate the feasibility of alternative methods for providing library services in the amount of $4,000 as the City's share in cooperation with the Cities of Claremont, LaVerne and San Dimas. The Cities of West Covina and Pomona would provide technical resources for the study. 7.8 APPROVED NOTICE OF COMPLETION FOR 1994-95 SLURRY SEAL IMPROVEMENT PROJECT -AREA 5 - Accepted the work performed by California Pavement Maintenance Corp., Inc. and authorized the City Clerk to file the Notice of Completion. S. PUBLIC HEARINGS: None 10. NEW BUSINESS: 10.1 TRANSIT OPPORTUNITIES - ACM/Usher reported that staff conducted a study of eligible types of programs under Props A and C. Funds from Props A and C are provided from sales taxes imposed in L.A. County. Eligible projects for Prop A funds include public transit services, fixed route and paratransit operations, capital improvements for public transit, vehicle DECEMBER 19, 1994 PAGE 6 purchase and equipment, demand management, transportation system management and fare subsidy programs. Eligible projects under Prop. C funds include operating of fixed route and paratransit, capital improvements, transit management and fare subsidy programs. The City receives $536,500 per year in Prop A funds currently and $438,150 per year in Prop C funds, for a combined total of just under $980,000 annually. He recommended development of an RFP for Dial -a -Cab services for seniors and disabled residents to replace the current Dial -a -Ride service. This would provide greater flexibility to users with less need to prepare a schedule in advance. Further, he recommended continuation of the transit subsidy program; continuation of contracts for special events transportation needs such as the Holiday Shuttle, Concerts in the Park and various excursions to be done without the purchase of buses and work with the AQMD and the Gateway Transportation Management Assn. to develop a commuter shuttle service for the Gateway Corporate Center and the office workers that work here, particularly to connect it with the Metrolink Station on Brea Canyon Rd., as well as other locations in the City. C/Harmony asked if the Dial -a -Cab service would be set up as a franchise, licensing cab companies in the City. — ACM/Usher stated that the City would put out an RFP to several cab companies operating in the area for that type of service. It would be an agreement for operation of the service. C/Harmony suggested that the City take advantage of an existing system and test it before committing for a long period of time. Also, in regard to the AQMD and Gateway Transportation Center, there was a month-long $11,000 temporary system for Metrolink. It wasn't used and cost approximately $35.00 per passenger. Asst. to CMButzlaff stated that the Metrolink Shuttle Service that the City averaged 24 riders/ day during the 6 -week pilot study. He felt that the AQMD and Gateway Transportation Center strongly desire to see a continuation of the service for not only those in the Gateway Center but also the Avery Dennison Building and Hartford Insurance Co. C/Harmony asked the Council to put an end to the Holiday Shuttle since after 4 years, it has proven not to work. He stated he would rather use the money for some other program. Frank Dursa stated that he was in favor of a Dial -a -Cab program and indicated he was not in favor of selling Prop A funds to other cities. Martha Bruske asked the Council to think things through carefully before the City becomes all things to all people. She would like the Council to look into DECEMBER 19, 1994 PAGE 7 other sources of funding. Max Maxwell stated that he agreed with Mrs. Bruske and that the City should not be the good guys to everybody and that the facts should be obtained before malting any decisions. He also stated that he agreed with ChIarmony regarding the Holiday Shuttle service. C/Ansari stated that there are other cities with better Dial -a -Ride services --the City of Claremont spends approximately $300,000 a year. When staff did the study, this was the most cost effective way, with a figure of $8,000 a year, plus the rides. She would like to see it tried. Other cities in the area have Dial -a -Ride and Dial -a -Cab services to take care of the disabled and senior citizens but also those who wish to go out of town. The City would only take care of the disabled and seniors. C/Papen asked why San Dimas, which is smaller than D.B., spends almost $300,000 for Dial -a -Cab service but staff indicated that it will only cost D.B. $8,000. --- CMBelanger stated that the number was based on actual experience annually with Dial -a -Ride. There is not an extensive ridership and Dial -a -Ride is available to senior citizens and the disabled. It is estimated that 1,200 people would utilize the program. If those numbers are used, based on $7.50 fare, with about $1.00 riding the Dial -a -Cab, the cost will be approximately $8,000 for 1,200 people. Dial -a -Cab is a much more desirable way of transportation, so the numbers may go up. CM/Belanger stated that San Dimas provides a taxicab service for every citizen in town which has been around along enough to have a very high ridership. In response to DNWerner, CM/Belanger stated that it may happen here; however, at this time staff cannot estimate what it might be. This type of service is certainly going to lead to a greater ridership, but without experience, there is no way of knowing what it will be. Following discussion, C/Miller moved, C/Ansari seconded to develop an Request for Proposal for Dial -a -Cab services. With a unanimous voice vote, motion carried. 10.2 REQUEST TO PROVIDE RECYCLING SERVICE - Asst. to CM/Butzlaff stated that the AQMD requested approval of a discretionary permit to Dalton Enterprises, which is a broker of secondary paper and metals in Anaheim. Dalton currently services 3,000 companies in So. Calif. and, unlike most waste haulers, pays these companies for their recyclables but does not charge for the bins or for the service provided. Currently, the AQMD is paying $140.00 per month for similar recycling services and they have expressed an interest in having services to compensate them for the types of recyclables t DECEMBER 19, 1994 PAGE S they have. He recommended that, pursuant to Section Se of Ordinance No. 2A(1990), the Council grant a special permit to Dalton Enterprises, with certain conditions as set forth by the City for the sole purpose of operating a recycling service in the City. In response to 1M/Werner, CM/Belanger explained that what distinguishes this company from other trash haulers is that they only recycle material; they do not pick up other trash as does Western Waste and Waste Management. In response to IM/Werner, Asst. to CMButzlaff stated that the City will receive credit for this material. One of the conditions that the City is asking for is that they provide both monthly and annual reports on their activities within the City, which would include monthly diversion reports as to the material collected, quality of the material, what is being diverted, contamination levels it may have, etc. The City can use all the information and submit to the State for its diversion level compliance reports required next year. Following discussion, C/Mller moved, C/Harmony seconded to approve a request for recycling services to Dalton Enterprises, Inc. and directed staff to look into whether the service can be expanded in the City. Motion carried unanimously. — 12. ADJOURNED TO CLOSED SESSION AT 7:55 P.M. - Conference with legal counsel - existing litigation (Subdivision (a) of Section 54956.9) - David L. Eskridge, et al., v. City of Diamond Bar, et al - Case No. CV -94-6822 HLH(JRx). ICA/Montgomery stated that the reason for going to Executive Session is pending litigation to discuss the possible settlement of the case of Eskridge v. the City. RECONVENE FROM CLOSED SESSION - MVWerner reconvened the meeting from Closed Session at 8:15 p.m. No action taken. 9. OLD BUSINESS: 9.1 MEMBERSHIP IN THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY - CM/Belanger stated that at the last meeting, the Council discussed the proposed Joint Exercise of Powers Agreement between several public agencies and quasi -public agencies in an effort to form the Whittier/Puente Hills Wildlife Corridor. The Council expressed to representatives from the Santa Ana Mountain Conservancy changes to the proposed JPA. In conjunction with the City Attorney, staff worked on language changes that seemed to accommodate the concerns which were — faxed to the Conservancy. The changes were incorporated into a draft document that was presented to other proposed members of the Corridor for comment. He recommended that the Council favorably consider becoming a member of this Conservancy. DECEMBER 19, 1994 PAGE 9 C/Papen stated that on Page 1, Item 1.2, under Purpose, of the draft regarding acquisition of land says that if the Authority proceeds with eminent domain, that the Council, upon receiving written notice, would have 30 days to adopt a Resolution nullifying acquisition of any property within their jurisdiction that the Authority proposes to condemn. She asked if it meant city boundary or sphere of influence. ICA/Montgomery stated it meant city boundary. C/Papen stated that she thought that the whole wildlife corridor would be outside the city's boundaries. It would not include any land within a city's boundaries. ICA/Montgomery stated that it would have to include land within cities, because the cities touch each other and the corridor strattles down through the cities. What Council requested was a provision that if the Authority wanted to condemn any property within the City limits, and the Council didn't want that property condemned, the Council could adopt a resolution nullifying that and the property would not be condemned. Council also asked that they not have levy or taxation power, which was also put into the document, except for allowing a separately affected city to do its own assessment district if needed. This is a veto power of condemnation by the Authority within the City of D.B. as it applies to this jurisdiction. C/Miller stated that he felt, by approving the Authority, the City would be giving an agency outside of the City authority to condemn property in the City. ICA/Montgomery stated that they had that authority before, what has been done has given a veto of that Authority. Discussion ensued regarding condemnation of property and it was stated by both C/Miller and ICA/Montgomery that, by joining the Conservancy, the City would give the Authority the right of condemnation in the City. If the City does not join, then the Authority has no right. C/M[iller stated that he could not agree to joining the Authority. C/Papen asked who would give the right to the JPA to take land in the sphere of influence if no one has the control over the land. Joe Edmunson, of the Wildlife Conservancy and the Santa Monica Conservancy stated that there is a section in the Government Code allowing unincorporated areas extra territorial acquisition for park and open space purposes. It also gives power over extra territorial ordinances. That section is the one the City needs to be concerned about. It's not clear that the DECEMBER 19, 1994 PAGE 10 boundary would include the City, at this point it is only theoretical possibility. Further, that if the City doesn't join, and in the sphere of influence there is an action that is proposed to be taken by the other jurisdictions, the City would not even have a formal say in that action. The City's membership is a way of making sure that the City is heard by this Authority. C/Papen thanked staff for addressing her concerns; however, one area that was not addressed was that the bylaws could be changed by a vote of the member agencies, not a vote of the delegate. Mr. Edmunson stated that it had been addressed on Page 8, Item 21.0, "This provision of this agreement shall be amended solely upon the adoption of a resolution to amend by each party to the agreement." C/Papen stated that she had asked a month ago that the parties in the sphere of influence be notified; however, to her knowledge, none of them were. IM/Werrier stated that there are no boundaries proposed either in the City or in the sphere, all that was represented was a map identifying a possible location. --- C/Papen suggested that maybe a map should be provided before proceeding. 1M/Werner stated that the reason it is being proposed now and the Authority is being formed now, is so that the representatives of each of the participating cities could have a voice in the establishment of the boundary. Following discussion, EWWemer asked Mr. Edmunson if there was some wording that could be used stating that eminent domain would proceed only in those situations of a "friendly" condemnation. Mr. Edmunson stated that it couldn't be done because the theory behind it encourages people to settle, as opposed to going into lawsuits and would cause problems with tax laws. The Authority is already in place --the cities of La Habra Heights, Brea and Whittier adopted the agreement and met last week. C/Harmony stated that he was in favor of the agreement and believed it should be approved. Don Schad, President of the Tonner Canyon Wilderness Conservancy, stated that he was in favor of the agreement. Max Maxwell also stated that he was in favor of the Agreement. Gary Neely, Canoe Cove Dr., felt that there was no reason why wording such DECEMBER 19, 1994 PAGE 11 _ as "the Council will take a positive action to approve any eminent domain," and not be put on notice that the City has 30 days to act. He suggested that the first paragraph be modified to require a positive act by the Council before any eminent domain through a joint powers agreement. C/Miller stated that he opposed the agreement if the Council is going to pass the authority of eminent domain to another agency instead of taking it on as a Council. 1M/Werner asked Mr. Edmunson if there was wording that would accomplish the Council's objective. W. Edmunson stated that the problem is that the other jurisdictions don't want to do it that way and since the wording has to be identical throughout all the jurisdictions, you would have a situation where defacto, the City would not have joined the Conservation Authority. ICA/Montgomery suggested that if the Agreement was approved as is, then the Council could adopt an ordinance or resolution instructing the City --, Manager or the City Attorney to immediately send a Notice of Rejection upon receiving the 30 day notice and set a public hearing before the Council to determine whether or not that Notice of Rejection should be recalled or rescinded. It would not affect the Authority's bylaws and there would be an automatic denial procedure that would have to be reversed by an affirmative decision. Following discussion, staff was directed to come back January 3, 1995 with an Orc!nance and Agreement. CM/Belanger asked ifthe Council wanted that Ordinance to come back as an urgency Ordinance. ICA/Montgomery suggested that it be an urgency ordinance so that it could go into effect when they approve the Agreement. C/Papen stated that she felt that by approving the Authority that more government is being created, creating another public agency. The Santa Monica Mountain Conservancy has been acquiring lands for years without any other governmental agencies fronting it. It seems that by forming this JPA, part of the public process that has been in effect would be eliminated. Mr. Edmunson stated that the Santa Monica Mountain Conservancy has jurisdiction much broader than the Santa Monica mountains and is an agency of the State, created by the State Legislature and is not a private agency. DECEMBER 19, 1994 PAGE 12 5. REORGANIZATION OF CITY COUNCIL (CONTD.) 5.1 SELECTION OF MAYOR - C/Miller moved, C/Papen seconded to nominate Phyllis Papen as Mayor. Motion failed by the following vote: AYES: COUNCEL MEMBERS - Miller, Papen NOES: COUNCIL MEMBERS - Ansari, Harmony ABSTAIN: COUNCIL MEMBERS - 1M/Werner C/Mller moved to nominate IM/Werner for Mayor. Motion failed for lack of a second. C/Miller moved, C/Ansari seconded to keep EVlMerner as Interim Mayor until the end of the meeting on January 3rd. C/Papen offered a substitute motion, C/Harmony seconded to appoint C/Ansari as Interim Mayor until the end of the meeting on January 3, 1995. Motion carried unanimously. 11. ANNOUNCEMENTS: None 13. ADJOURNMENT: There being no further business to conduct, IM/Werner adjourned the meeting at 9:30, p.m. TOMMYE CREIDIINS, I epoty City Clerk ATTEST: