HomeMy WebLinkAbout01/17/1995 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JANUARY 17,1995
1. CALL TO ORDER: IM/Ansari called the meeting to order at 6:32
p.m. in the South Coast AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar,
California.
PLEDGE OF -ALLEGIANCE: The audience was led in the Pledge of
Allegiance by C/Werner.
ROLL CALL: Council Members Harmony, Miller, Werner,
Mayor Pro Tem Papen, Interim Mayor Ansari.
Also present were: Terrence L. Belanger, City Manager, Frank Usher, Assistant City
Manager, Michael Montgomery, Interim City Attorney; George Wentz, City
Engineer; Bob Rose, Community Services Director, James DeStefano, Community
Development Director and Lynda Burgess, City Clerk.
2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: None
3. PUBLIC COMMENTS: Tim Paul, 1269 Ahtena Dr., stated that Council
Members need to show respect for each other during election time and that if
someone has requested an item to be on the agenda, then it should be. He also stated
- that during Council Comments, they should have the right to speak during their time.
Max Maxwell, 3211 Bent Twig Ln., stated that the General Plan Meeting schedule
was changed and asked the Council to coordinate them with Planning Commission
meetings.
Tom Ortiz, 3308 Hawkwood, read an article from the San Gabriel Valley Tribune
dated January 10, 1995 entitled: "DEBATE, NOT DEBACLE."
Red Calkins, 240 Eagle Nest Dr., stated that Council Members should be treated the
same as the public during Comments.
Nick Anis, 1125 Bramford Ct., commented on City policies and personal attacks. He
asked each of the Council Members to explain if they intend for people to speak and
offer criticism of the Council.
Debbie Lee, 23710 Prospect Valley, Treasurer for Boy Scout Troop 737, asked why
some non-profit organizations are charged for the use of community facilities when
others are not. She asked what the status was of the refimd for the Boy Scouts for
their use of Heritage Park.
C/Mller stated that the refund was on the current Warrant Register and that there is
a policy for non-profit organizations not to be charged for the use of community
facilities.
JANUARY 17, 1995 PAGE 2
Fred Scalzo, President -Elect of the D.B. Chamber of Commerce, announced a
"Chamber Bowl" football game involving the D.B. Chamber v. the Walnut Chamber
on January 21, 1995, at 1:00 p.m. at D.B. High School. He also announced that
Willie Brown/Richard Mountjoy debate tapes were available.
Wilbur Smith, 21630 Fairwind Ln., stated that provoking, bickering and
unsubstantiated charges made against Council Members needs to stop.
Dr. Lawrence Rhodes, Fiber Ct., discussed "Roberts Rules of Order."
IM/Ansari announced that General Plan Meetings will be held on the 1st and 3rd
Mondays and 2nd and 4th Tuesdays.
4. COUNCIL COMMENTS: C/l filer agreed with Mr. Smith that priming lies
should be avoided and that everyone should start acting like citizens and neighbors.
He stated that the Council authorized $30,000 for the D.B. Senior Volunteer Patrol
for uniforms and training; that there are currently 11 individuals between the ages of
50 and 71 in training and it is anticipated that they will be on the job in mid-February.
Another 6 seniors have signed up and if anyone is interested, they can call Deputy
Larry Luter at 595-2264. He asked Council's consensus to recognize these
volunteers.
C/Harmony announced that on February 15, 1995, at the Cancun Restaurant, the City
will host a dinner and meeting of the California Contract Cities Assn. Further, a
retraction was received from The Bulletin due to a reporting error in their December
21, 1994 story. He further announced that a recall bulletin is available through the
City Clerk's Office as well as by FAX.
C/Werner indicated that he and IM/Ansari are working on the City's audit
recommendations for improvements to spending procedures. An audit report was
recently received advising that staff uses appropriate accounting procedures and that
there are no misappropriations of City finances.
MPT/Papen expressed concern that Agenda items that she requested were not placed
on the agenda. She asked how a Council Member could be protected against slander
by other Council Members.
IM/Ansari advised that MPT/Papen's issues were thought to be on tonight's Agenda.
She recommended that Council and Public Comments be placed at the end of the
agenda so that other items could be discussed. She stated that staff and prior Council
Members have run a cost-effective city with cash on hand. She advised that she spoke
with legislators regarding business in the City and tax relief for these businesses. She
also advised that the Council worked together to save the City's funding for HOV
lanes through the Transportation Department. Lastly, she announced that a
Ministerial Meeting will be held on Saturday, January 21, 1995 at 8:30 a.m. at
JANUARY 17, 1995 PAGE 3
Heritage Park, to help the community's needs.
5. REORGANIZATION OF CITY COUNCIL:
5.1 SELECTION OF MAYOR - In response to MPT/Papen, ICA/Montgomery
advised that this item was not continued, but put on the Agenda as a new
item, se public comments need to be opened.
Steve Nine, Rising Star Dr., stated that he supported Eileen Ansari for Mayor.
Max Maxwell, 3211 Bent Twig Ln., stated that a Mayor needs to be chosen
now and suggested that C/Werner stop abstaining from voting.
Frank Dursa expressed concern that everyone on the Council should have a
turn as Mayor and; therefore, he supported Clair Harmony for Mayor.
Nick Anis, 1125 Bramford Ct., stated that he supported any Council Member
being Mayor if they are doing their job and recommended that the Council
vote for whomever can best do the job. He asked ICA/Montgomery if there
is a rule that each Council Member takes a turn as Mayor.
C/Miller moved to nominate MPT/Papen for Mayor, MPT/Papen seconded.
With the following Roll Call vote, motion failed:
AYES: COUNCIL MEMBERS - Miller, MPT/Papen
NOES: COUNCIL MEMBERS - Harmony, IM/Ansari
ABSTAIN: COUNCIL MEMBERS - Werner
CMarmony moved to nominate IM/Ansari for Mayor, IM/Ansari seconded.
With the following Roll Call vote, motion failed:
AYES: COUNCE, MEMBERS - Harmony, IM/Ansari
NOES: COUNCIL MEMBERS - Miller, MPT/Papen
ABSTAIN: COUNCIL MEMBERS - Werner
C/Miller moved to nominate MPT/Papen for Mayor, MPT/Papen seconded.
With the following Roll Call vote, motion failed:
AYES: COUNCIL MEMBERS - Miller, MPT/Papen
NOES: COUNCIL MEMBERS - Harmony, IM/Ansari
ABSTAIN: COUNCIL MEMBERS - Wemer
C/Miller moved to continue with the Agenda with IM/Ansari to remain as
Interim Mayor until the next meeting.
JANUARY 17, 1995
RECESS:
PAGE 4
WAnsari recessed the meeting at 7:42 p.m.
RECONVENE: IM/Ansari reconvened the meeting at 7:50 p.m.
5.1 SELECTION OF MAYOR (CONTD.) - C/Miller moved to nominate
MPT/Papen for Mayor, MPT/Papen seconded. With the following Roll Call
vote, motion carried:
AYES:
COUNCIL MEMBERS - Miller, Weiner, MPT/Papen
NOES:
COUNCIL MEMBERS - Harmony
ABSTAIN:
COUNCIL MEMBERS - IM/Ansari
C/Miller moved to nominate C/Werner for Mayor Pro Tem, M/Papen
seconded. With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Werner, Ansari, M/Papen
NOES: COUNCIL MEMBERS - Harmony
ABSTAIN: COUNCIL MEMBERS - None
5.2 APPOINTMENT OF DELEGATES AND/OR ALTERNATES TO
COMMISSIONS/COMMITTEES AND OTHER AGENCY BOARDS -
M/Papen appointed C/Ansari to be the delegate to SCAG and representative
for the 37th District.
With consensus of Council, matter was continued to i ebruary 7, 1995.
6. SCHEDULE OF FUTURE EVENTS:
6.1 PLANNING COMMISSION MEETING - January 23, 1995 - 7:00 p.m.,
AQMD Board Hearing Room, 21865 E. Copley Dr.
6.2 PARKS & RECREATION COMMISSION MEETING - January 26, 1995
- 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
6.3 CITY COUNCIL GENERAL PLAN PUBLIC HEARING - January 24, 1995
- 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr.
6.4 CITY COUNCIL GENERAL PLAN PUBLIC HEARING - January 30, 1995
- 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr.
6.5 MULTI -CULTURAL MEETING - February 6, 1995 - 7:00 p.m., Heritage
Park Community Center, 2900 S. Brea Canyon Rd.
6.6 CITY COUNCIL MEETING - February 7, 1995 - 6:30 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
6.7 TRAFFIC & TRANSPORTATION COMMISSION - February 9, 1995 -
7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
7. CONSENT CALENDAR: C/Miller moved, MPT/Werner seconded to
approve the Consent Calendar with a correction to Item 7.1.2 Minutes of November
JANUARY 17, 1995 PAGE 5
15, 1994 and the exclusion of Item 7.4. With the following Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, MPT/Werner,
M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7.1 APPROVAL OF MINUTES:
7.1.1 Regular meeting of November 1, 1994 - approved as submitted.
7.1.2 Regular meeting of November 15, 1994 - approved as corrected.
7.1.3 Adjourned Regular Meeting of November 29, 1994 - approved as
submitted.
7.1.4 Special Meeting of December 2, 1994 - approved as submitted.
7.2 APPROVED VOUCHER REGISTER - dated January 17, 1995 in the
amount of $178,093.52.
r— 7.3 ADOPTED RESOLUTION NO. 95-02: A RESOLUTION OF THE CITY
i COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE
CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS
FROM THE 1994/95 USED OIL RECYCLING BLOCK GRANT
PROGRAM FOR THE PURPOSE OF ESTABLISHING AND
MAINTAINING LOCAL USED OIL COLLECTION PROGRAMS.
7.5 ADOPTED RESOLUTION NO. 95-03: A RESOLUTION OF THE CITY
OF DIAMOND BAR APPROVING THE APPLICATION FOR BICYCLE
AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING
THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN.
7.6 AWARDED CONTRACT FOR PHONE SYSTEM - C/Niller moved,
MPT/Werner seconded to award a 60 -month municipal lease to GTEL in an
amount not -to -exceed $489.65 per month for a key telephone system and
related telecommunications equipment; (b) to award a contract to GTE for a
three-year term for CentraNet Services and authorize the City Manager to
execute all documents to effectuate this contract; and (c) to authorize the City
Manager to enter into a five-year cooperative services agreement with the
State of California and GTE to provide message toll telephone service at a
rate of $0.054 per minute with sub -minute billing. With the following Roll
--- Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller,
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
JANUARY 17, 1995 PAGE 6
MATTERS Wl[THDRAWN FROM CONSENT CALENDAR:
7.4 ADOPTED RESOLUTION NO. 95-04: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS
AND SPECIFICATIONS FOR THE TRAFFIC SIGNALS
CONSTRUCTION ON GOLDEN SPRINGS DRIVE AT GOLDEN
PRADOS DRIVE, PROSPECTORS ROAD AND CARPIO DRIVE AND
AUTHORIZE THE CITY CLERK TO ADVERTISE THE PROJECT FOR
BIDS.
C/Mller moved, C/Harmony seconded to adopt Resolution No. 95-04. With
the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller,
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8. PUBLIC HEARING: —
8.1 CONSIDERATION OF THE 1995-96 CON04UNITY DEVELOPMENT
BLOCK GRANT PROGRAM BUDGET - CDD/DeStefano reported that
each year, the City rece;ves an allocation of funds from the Dept. of Housing
& Urban Development through a cooperative agreement with the Community
Development Commission of L.A. County. He advised that the CDBG
program was established through the Housing & Community Development
Act of 1974 to provide funding for communities to benefit persons of low and
moderate income. The City receives an annual allocation based on a Federal
formula that appropriates grants to cities. The City has participated in the
L.A- Program since 1990 and 1991 for allocation -established requirements for
determining funding eligibility for CDBG monies. He advised that preliminary
funding is $318,429 and it is anticipated that the budget will be adjusted 2-5%
by the Federal government and passed through the County onto us. He
announced that this year's projects include: 1) YMCA requested $34,000 for
after school child care for 20 families, staff recommended $26,000; 2) YMCA
requested $15,000 for summer day camp facility, staff recommended $12,500;
3) YWCA Y -Teen Program requested -$12,500, staff recommended $2,000;
4) City's Senior Program requested $20,000, staff recommended $24,000 to
provide a variety of senior services; 5)D.B. Senior Club requested $500 to
provide insurance for their activities, staff recommended the same; 6) Senior
Emergency Preparedness Funding of $2,500 for further training of seniors in
the event of an emergency, i.e., mobile home parks; 7) Project Sister Sexual
Assault Prevention requested $1,000 to provide prevention education to
seniors, staff recommended the same; 8) Program Administration proposed
JANUARY 17, 1995 PAGE 7
$31,800 and 9) Public Works requested a) $150,000 for Community Services
to remove architectural barriers at Maple Hill and Peterson Parks in
compliance with the American with Disabilities Act, staff recommended
$100,000; b) Public Works Department requested $440,000 for sidewalk
installation along D.B. Blvd., staff recommended $123,200.
In response to MPT/Werner, CDD/DeStefano advised that there was $6,000
- $7,000 set aside in contingency funding and this is a component of the
$78,000 left over from prior years' activities that are being proposed to be
reprogrammed for sidewalk installation.
MPT/Werner asked if all the funds are being used. In regard to the Y -Teen
Program, only two eligible candidates have used the program, but the
program itself is using all the funds.
CDD/DeStefano advised that all of the public works programs receive money
from the City based on the receipt of their eligible activities.
M/Papen opened the Public Hearing.
Dr. Lawrence Rhodes, Fiber Ct., stated that the Project Sister Sexual Assault
Prevention Program should be considered by the schools and not the City and
asked how the City will use the funds.
Julie Amador, Project Sister Sexual Assault Prevention, stated that the
22 -year program services both L.A. and San Bernardino Counties providing
preventative services which include community education to senior citizens
and teens, child abuse prevention, self-defense instruction and community
outreach. She explained that monies received would only be used for
preventative education for senior citizens in the community.
Brenda Weaver, Y -Teen Coordinator for the YWCA, reported that the
Y -Teen program helps young people to learn about themselves, about their
place in the community and deal with issues for tough decisions in their lives.
MPT/Werner expressed concern regarding the YWCA's lack of completion
of bureaucratic paperwork and explained that the City is required by HUD to
ensure that paperwork requirements are met. He asked if the income
requirement issue will be resolved.
Kathy Rogers, Executive Director of the YWCA, advised that they are
working with staff in an aggressive attempt to be accountable to CDBG
guidelines and to insure that the City is looked upon favorably by L.A.
County.
MPT/Werner asked who pays for the services that Ms. Weaver indicated were
JANUARY 17, 1995 PAGE 8
provided to 50 other people.
Ms. Rogers indicated that their services are covered by other funding sources
and the YWCA-
M/Papen
WCA
M/Papen reported that the City has supported the Y -Teen program for the last
three years and expressed .concern that when reviewing the audits, the
program did not meet 10% of its goal and staff time.
Ms. Rogers explained that the audit report received was only for the YWCA's
half year.
M/Papen asked if when the year end report is completed, will it demonstrate
that Y -Teen has reached 30 to 50°/a of its goal.
Ms. Rogers advised that 50 files are completed; however, files that are CDBG
t targeted are the ones that are in question, i.e., proof of residency, proof of
income.
M/Papen asked, out of those 50 files, how many have been targeted to be —
CDBG qualified.
Ms. Rogers advised that only 9 have been presented to staff with the
completion of their income and residency requirements; however, only two
have been proven eligible.
Ms. Weaver stated that 50 students have been invol-:ed in the program and
that 9 are financially eligible with 2 persons fully documented.
GAnsari asked why there is so much difficulty in getting income information
from parents and how many of the students in the program were from
Pomona.
Ms. Weaver stated that parents or guardians are offended by the information
requested. She explained that, out of 15, 2 or 3 are from the City of Pomona.
Alison Meyers, Child Care Director of the YMCA, stated that the YMCA has
been a major child care provider in the community for 15 years. The program
addresses needs by providing safe, quality and affordable child care to those
who would be home alone as "latch -key" kids. She stated that the YMCA
offers two types of day care—after school day care and day care-- both ---
programs assist moderate and low income families and that funding received
goes 100% to subsidize fees of moderate and low in;.ome families. Further,
"Day Camp" helps families during summer vacation, off-track schedules and
school vacation breaks. She advised that for the 1995-96 year, the YMCA
requested $34,000 for child care and $15,000 for day camp.
JANUARY 17, 1995 PAGE 9
Steve Tye requested the Council to approve staffs recommendation for the
Senior Program in providing activities, classes and referrals for 130 seniors
weekly.
With no further testimony offered, M/Papen closed the Public Hearing.
CDD/DeStefano explained that reallocation of funds from this year would be
used for installation of sidewalks on D.B. Blvd.
M/Papen advised that she reviewed the reports and asked Ms. Fritzal to
discuss the audits of the Y -Teen program.
AA/Kellee Fritzal advised that the City received two findings in the past two
audit years—one for lack of financial back-up to the Public Service Certificate
that the YWCA submitted and the other for lack of time cards being signed
by appropriate personnel of the YWCA Further, audits show low attendance
and a lack of meeting their goals for 1993-94, i.e., 2 teens out of a
recommended 20 and in 1994-95, 2 teens out of a recommended 30.
In response to MPT/Wernees question about continuation of the Y -Teen
program, AA/Fritzal recommended continuation at this time.
M/Papen expressed concern that Y -Teen program membership does not seem
to qualify for funding and recommended that it be deleted from CDBG
funding in its entirety.
M/Papen moved, C/Miller seconded to increase YMCA child care allocation
to $30,000 and Day Camp allocation to $15,000 by reducing the sidewalk
installation by the appropriate amount and supplement that net loss with gas
tax money. She commented on how important the YMCA child care
program is for single parent, low or moderate income families and that the
YMCA has met their goals and consistently exceeds them.
C/Harmony asked staff about the availability of gas tax monies and stated that
Prop A monies could also be used for sidewalks.
CMBelanger advised that, per Metropolitan Transportation Authority staff,
Prop A monies are not able to be utilized for sidewalk construction.
C/Harmony stated that other cities have been able to use Prop A monies to
build sidewalks and asked staff to investigate this.
CM/Belanger advised that staff will investigate the issue, and that there are
gas tax monies available for allocation for the fiinding of a variety of street
and highway projects.
JANUARY 17, 1995 PAGE 10
M/Papen asked C/Haimony if his question was directed to find out if funding
for these programs would come from Prop A monies instead of gas tax.
C/Harmony advised that either one would be okay with him but preferred
Prop A, if available.
M/Papen amended her motion to include C/Harmony's suggestion that Prop
A monies be used, if possible, as the first alterpative with supplementation
from gas tax monies if Prop A cannot be used.
MPT/Werner asked that by shifting $7,500, would it put any of these
programs at risk of exceeding the threshold for public= service.
CM/Belanger indicated that it is within the threshold.
M/Papen recommended that, if at the end of this fiscal year, the Y -Teen
program can certify or meet 30-35% of their goal, funding be continued for
next year; however, if some appropriate goal level is not met for this year and
all paperwork completed in a timely manner, then it is suggested that Y -Teen
Program funding be cancelled. —
MT/Werner asked staff if the Y -Teen Program funding is approved, can the
money be held until such time as they provide the appropriate goals or
documents.
CDD/DeStefano stated that the issue is an allocation of a certain amount to
the Y -Teen program and if that achievement is not met within a particular
period of time, their allocated funds can be rolled into either a contingency
account or some other designated program.
C/Werner stated that the Y -Teen Program should be supported; however, the
people in charge should be advised that the program is in jeopardy because of
the lack of goals being met and managed.
C/Miller moved, C/Wemer seconded to amend funding levels to change
YMCA Child Care to $30,000, YMCA Day Care to $15,000, reduce
sidewalk installation by $7,500'to cover the above and look at
supplemental sidewalk funding through Prop A monies, then gas tax funds.
With the following Roll Call vote, motion carried:
AYES: COUNCEL MEMBERS - Ansari, Harmony, Miller, ----
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
C/Werner moved, C/Miller seconded to approve $2,000 in CDBG funding for
JANUARY 17, 1995
0
10.
11.
PAGE 11
the YWCA Y -Teen program. With the following Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller,
M[PT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
OLD BUSINESS:
9.1 MEMBERSHIP IN THE WILDLIFE CORRIDOR CONSERVATION
AUTHORITY - CMBelanger reported that Council recommendations made
on Jmwry 3, 1995 had been completed by staff and displayed a letter directed
to the AWwrity stating the contingencies as expressed by the Council.
Further he rated that the City received a complete copy of The Joint Powers
Agreent and advised that the Urgency Ordinance had been presented to the
Autl:,?lrity.
C/Ansari asked if C/Miller would be the delegate for the January 11, 1995
meeting.
CM/Belanger clarified that the meeting is scheduled for January 18.
C/N ller stated that he was very pleased with all the paperwork received from
the Wildlife Corridor.
C/Miller moved, C/Ansari seconded to approve membership in the Wildlife
Corridor Conservation Authority and to direct the Mayor to sign the Joint
Powers Agreement.
With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller,
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
NEW BUSINESS: None.
ANNOUNCEMENTS: C/Ansari again announced the Ministerial
Meeting at 8:30 a.m. at Heritage Park to help community needs.
MPT/Weiner announced that C/Ansari is seeking a delegate position with SCAG on
Thursday, January 19, 1995 at 6:00 p.m. and asked that the Council be there to
support her.
JANUARY 17, 1995 PAGE 12
12. CLOSED SESSION: Personnel Session (Government Code Section
54957) re: Consideration of appointment of City Attorney.
M/Papen adjourned the meeting to Closed Session at 8:58 p.m.
M/Papen reconvened the meeting from Closed Session at 9:45 p.m. and reported that
no reportable action had been taken.
13. ADJOURNMENT: There being no further business to discuss,
M/Papen adjourned the meeting at 9:40 p.m.
LYNDA Ell : r)�-SS, .aity Gr%k
ATTEST:
/ `' ' 1
Mayor