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HomeMy WebLinkAbout02/21/1995 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 21, 1995 1. CALL TO ORDER: M/Papen called the meeting to order at 6:37 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 Eagle Scouts Stephen Elfelt, Aaron Greusel and Eagle Scout -Elect Patrick Zubiate, Troop 737. Patrick Zubiate stated that he had been in the Boy Scouts since 5th grade and his experience had been very positive. He chose his Eagle project to benefit his community. Steven Elfelt stated Scouting had been a very influential experience for him during the 7 years that he had been involved and he encouraged others to be involved. Aaron Greusel felt that he had learned to enjoy and respect his community through the 10 years that he had been a Scout. ROLL CALL: Council Members Ansari, Harmony, Miller, Mayor Papen. Mayor Pro Tem Werner was excused. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; George Wentz, 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 COMMENDATION - To Lou Esposito for her service on the Traffic & Transportation Commission. 2.2 PROCLAIMED FEBRUARY, 1995 AS BLACK HISTORY MONTH. 2.3 INTRODUCTION OF NEW SHERIFF TEAM MANAGER - Lieutenant Henson, Walnut Sheriff, announced that he would no longer be team Manager for D.B. and introduced Lieutenant David Stothards, who will take over the position. Lt. Stothards reported that he had been in law enforcement for 28 years with 12 of those years as a Lieutenant. 2.4 APPOINTMENT OF CITY ATTORNEY - M/Papen announced that, during the Council Closed Session held at 2:00 p.m. that day, Michael Jenkins, of Richards, Watson & Gershon, was unanimously appointed permanent City Attorney effective March 1, 1995 and that ICA/Montgomery would continue as an Associate Attorney for completion of the General Plan. 3. PUBLIC COMMENTS: Max Maxwell, 3211 Bent Twig Ln., expressed frustration that his microphone was turned off during the General Plan meeting. Don Schad, 1824 Shaded Wood Rd., commented on roller blade hockey and how the FEBRUARY 21, 1995 PAGE 2 community could make it safe for children. He advised that Larkstone Park would be an ideal site for this game. Wilbur Smith, 21630 Fairwind Ln., commented on the "prayer issue" being brought back during meetings and felt that meetings would get off to a better start. He stated that on Item 6.8, the money could be spent elsewhere in the City, since this particular area isn't a real need. As for Item 6.9 regarding extension of library services, he asked to see a statement of how the balance of the $52,500 will be used. M/Papen advised that Item 6.9 addresses the construction of sidewalks and that a Public Hearing was held in January on this issue and no opposition was expressed. The funding source for these sidewalks is Federal Community Block Grant funds. As for Item 6.9, she reported that the $52,500 was approved to keep the library open two additional days a week through June 30, 1994. Bob Arceo, President, D.B. Senior Citizens, thanked the Council for being present at the Seniors' New Year's party. Nick Anis expressed concern regarding the misconduct of certain Council Members in faxing materials to businesses/individuals without approval. He advised that if an unsolicited document is faxed, it is breaking Federal Law. George Barrett asked the Council to expedite the purchase of a car for the Senior Patrol. Al Rumpilla felt that M/Papen was not properly conducting the Public Comment portion of meetings and asked that the display showing Council vote results remain posted for longer periods of time so that the audience can make note of the way Council Members voted. Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., commented on a letter on City letterhead dated February 14, 1995 from M/Papen accepting an invitation to China and asked if the trip would be at the expense of the City and why it had not been addressed before. Jack Healy, 23041 Aspen Knoll Dr., expressed concern regarding M/Papen's China trip. Joseph Shu, 1820 Derringer Ln., introduced a petition signed by 57 residents in favor of keeping Open Space open. C/Miller advised that the lots behind his neighborhood is restricted area. Michael Morris, Maple Hill Rd., commended M/Papen for her comments regarding the band program at South Pointe. He asked that the Council refrain from personally attacking each other. FEBRUARY 21, 1995 PAGE 3 Grace Lin, 2901 Steeple Chase, stated she was concerned about the traffic problem on D.B. Blvd., the open space in the City being used for commercial development and development of Tonner Canyon. 4. COUNCIL COMMENTS: C/Harmony agreed with Mr. Schad's idea for developing Larkstone Park for roller blade hockey. He also agreed that the Senior Patrol needs a car and asked staff to look for extra funds for this purchase. He agreed with Mr. Shu's comments regarding Open Space and felt that Open Space is a very important issue and any land should remain open. He reported that, in the third quarter, the City slowed an increase of 5.1% in sales tax production (local sales) with consumer services up by 25.3% Further, since he received a number of complaints regarding the striping and center median on Lemon Ave., he brought this to staffs attention and they are in the process of correcting the problem. He announced that the next Household Toxic Waste Round -up will be on Saturday, March 4, 1995 at Mt. Sac.; that Sidewalk City Hall will be on February 25, 1995 from 11:30 to 2:00 p.m. at K -Mart and that he has installed a new "voice mail system" to inform the community of current issues and allow the public to leave messages for him. He read a letter from the Thompson L.A. News Group regarding negative remarks made against him and commented on an item on the Agenda regarding his censorship. C/Ansari expressed excitement about the South Pointe Middle School and D.B. High School music programs. She commented on the status of the housing program that the City started this year through the L.A. County Community Development Commission. She announced that funding is available for HOV lanes on the 60 fwy. as well as for the Rt. 30 Foothill fwy. She announced the following events: the 2nd Annual Wine Tasting to support the Library to be held on Sunday, April 2, 1995 from 2:00 - 5:00 p.m. at Generations Restaurant; the D.B. Sister Cities' Fundraiser on Thursday, April 6, 1995, with donation of $1.00. She stated that the China trip was scheduled in order to increase economic development and that she was not against the trip as long as it doesn't cost the taxpayers anything She congratulated Rose and Ray Ledbetter on the recent marriage of their daughter to Brian Wilson of the Beach Boys. CNiiller advised that the Calvary Chapel's bookstore is one of the most popular in the community and provides much sales tax revenue for the City. M/Papen suggested that all faxes provide a statement that allows the receiver to indicate whether he or she does or does not want to be on the mailing list. She advised that she has also received unsolicited faxes. She stated that next month the MTA Board will be considering adoption of a revised plan for transportation expenditures for the next 20 years which is updated or revised every 2 years. On March 8, 1995, at 7:00 p.m. at the AQMD, the City will host a briefing for D.B., Rowland Heights and Hacienda Heights residents on the 20 year plan and programs that will affect the San Gabriel Valley. FEBRUARY 21, 1995 PAGE 4 5. SCHEDULE OF FUTURE EVENTS: 5.1 CITY COUNCIL GENERAL PLAN HEARING - February 23, 1995 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 PARKS & RECREATION COMMISSION - February 23, 1995 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Drive. 5.3 PLANNING COMMISSION - February 27, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL GENERAL PLAN HEARING - February 28, 1995 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 CITY COUNCIL GENERAL PLAN HEARING - Ma. -ch 6, 1995 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 CITY COUNCIL MEETING March 7, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.7 TRAFFIC & TRANSPORTATION COMMISSION March 9, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6. CONSENT CALENDAR: I C/M'ller moved, C/Ansari seconded to approve the Consent Calendar with the removal of Item 6.9. With the following Roll Call vote, motion carried: , AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - MPT/Werner 6.1 APPROVED MINUTES - Regular Meeting of January 3, 1995 - as submitted. 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular meeting of November 14, 1994 - received & filed 6.2.2 Regular meeting of December 12, 1994 - received & filed 6.2.3 Regular meeting of January 9, 1995 - received & filed 6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 6.3.1 Regular meeting of November 10, 1994 - received & filed 6.3.2 Regular meeting of December 8, 1994 - received & filed 6.3.3 Regular meeting of January 12, 1995 - received & filed 6.4 APPROVED VOUCHER REGISTER - dated February 21, 1995 in the amount of $289,749.38. 6.5 REJECTED CLAIMS FOR DAMAGES: 6.5.1 Filed by Edward Wayne Goode on January 25, 1995 - rejected the request and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.5.2 Filed by Insurance Co. Of North America/Carrara Marble Co. on FEBRUARY 21, 1995 PAGE 5 September 13, 1994 - rejected the request and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.5.3 Filed by Meredith M. Melton on January 25, 1995 - rejected the request and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.6 ACCEPTED PARKWAY TREES PLANTED ALONG MAJOR BOULEVARDS - by Green Giant Landscape; directed the City Manager to sign the Notice of Completion and authorized the release of $1,640 thirty-five days after filing the Notice. 6.7 APPROVED PLANS & SPECIFICATIONS FOR MAINTENANCE OF LIGHTING & LANDSCAPE DISTRICTS 38,39 AND 41: (a) ADOPTED RESOLUTION NO. 95-08: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR LANDSCAPE MAINTENANCE DISTRICT 38 AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. (b) ADOPTED RESOLUTION NO. 95-09: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR LANDSCAPE MAINTENANCE DISTRICT 39 AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. (c) ADOPTED RESOLUTION NO. 95-10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR LANDSCAPE MAINTENANCE DISTRICT 41 AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.8 ADOPTED RESOLUTION NO. 95-11: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ' APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF SIDEWALKS ON DIAMOND BAR BOULEVARD FROM FOUNTAIN SPRINGS ROAD TO PATHFINDER ROAD. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.9 EXTENSION OF LIBRARY SERVICES AGREEMENT - In response to C/ Harmony, CMBelanger advised that the Council allocated $160,000 to fund two additional days of library services and that the Council agreed to fund the library at a six-day level and the $52,000 funded the period of time from July 30 through October 1994 for the additional two days allocated in the 1994-95 FEBRUARY 21, 1995 PAGE 6 budget. L.A. County picked up the entire six-day program subsequent to that date. C/Harmony moved, C/Mller seconded to ratify an extension of the agreement for Thursday and Saturday service at a rate of $1,500 per day for the period of July through October, 1994. Payment of the invoice for this period is included in the current Warrant Register. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - MPT/Werner RECESS: M/Papen recessed the meeting at 8:10 p.m. RECONVENE: M/Papen reconvened the meeting at 8:20 p.m. 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 VERBAL STATUS REPORT ON WILDLIFE CORRIDOR MEMBERSHIP - C/Mller reported that the City's Joint Powers Agreement was not formally accepted. He stated that he had gone on a tour that included Chino Hills, Chino Hills State Park, Brea, D.B., Whittier, Rowland Heights, Hacienda Heights and Anaheim Hills. He then showed a map of the "Proposed Wildlife Corridor Study Area" and advised that the governing board adopted a criteria based on the premise that any acquisition program must optimize the balance between resource protection and opportunity to purchase. He advised that Chino Hills State Park, 91 Freeway corridor at Anaheim Hills, Chino Hills, D.B. Tonner Canyon, Scout Reserves, Brea, Fullerton Rd. Connector, La Habra Heights, Whittier and the Colima Connector are the future open space for wildlife and the corridor is headed in that direction. N. VPapen asked if the City is a part of the Corridor LA if they accepted the amendments. C/Miller stated that the City is not yet an official member, but that he had received positive feedback that the City would become a voting member and not an Ad Hoc Committee. M/Papen suggested that C/Miller take back language describing no -liability by the cities for the Joint Power's Authority's activities. C/Mller advised that he thought that this language was in the JPA agreement; FEBRUARY 21, 1995 PAGE 7 however, the JPA can defend themselves and its members from activities within the JPA Don Schad,1824 Shaded Wood Rd., advised that Whittiees wildlife migration corridor was established and with the City on the threshold of joining, the need for preservation of wildlife will finally be realized. He asked the Council to sign and approve joining the JPA- Max PAMax Maxwell, 3211 Bent Twig Ln., asked that C/Miller make his notes, reports and paperwork available for public review. He expressed concern on funding for the JPA and where it was coming from. 8.2 ORDINANCE NO. 02 (1995) - AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCES 20 (1989) AND 20A (1989) - ACM/Usher presented the proposed Purchasing Ordinance for second reading. He advised that this ordinance better qualifies purchasing regulations of the City, makes them more easily understood and followed and that staff is presently following the new Ordinance. RECESS: M/Papen recessed the meeting at 9:05 p.m. RECONVENE: M/Papen reconvened the meeting at 9:13 p.m. 8.2 ORDINANCE NO. 02(1995) (CONTD.) - C/Harmony expressed concern regarding the provision for side-by-side requisitions and a provision enforcing it. C/Ansari advised that she and C/tvUer worked with staff on this issue and the questions that C/Harmony and Ms. Birrell were concerned about were addressed. ACMIUsher advised that Section 3.24.190 indicates that the City Manager is authorized to contract where the amount does not exceed $10,000 with any single vendor within a fiscal year provided there exists an unencumbered appropriation in the fund account against which said expense is to be charged. C/Miller moved, C/Ansari seconded to approve for second reading by title only, waive full reading and adopt Ordinance No. 02(1995) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY %;F DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCES 20 (1989) AND 20A (1989). With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, M/Papen FEBRUARY 21, 1995 PAGE 8 NOES: COUNCIL MEMBERS - None ABSENT: COUNCEL MEMBERS - MPT/Werner 9. NEW BUSINESS: 9.1 CITY -ON-LINE REPORT - Asst. to CMButzlaff presented the seven basic tasks to be accomplished by the end of FY 1995: 1) on-line access to the Municipal Code; 2) on-line registration for recreation programs; 3) on-line agenda packets; 4) on-line access to the General Plan; 5) provision of part-time staff person to handle City -on -Line and MIS support; 6) establishment of training courses; and 7) promotion of City -on-line. M/Papen commented that she and MPT/Werner supported the work plan and understood that there will be costs involved. It is important to direct staff in the event any budget amendments need be made. C/Miller advised that Mr. Anis started City -on -Line and asked W. Anis to give his opinion on the seven tasks discussed. Mr. Anis advised that there are many public bulletin boards throughout the --- world and many states are now making arrangements for local governments to be connected to the super -highway. He commented on the history of City -on -Line and how it all began with donations of equipment. He suggested that the City have a system person who could do more with the computer system. C/Harmony asked Mr. Anis how many people use City -on -Line. Mr. Anis indicated that he didn't have those statistics Wilbur Smith, 21630 Fairwind Ln., stated that he supported the work plan but would like to see regulations for citizens using City -on -Line regulating their messages or statements. He also stated that some privacy should be accessible. Max Maxwell, 3211 Bent Twig Ln., asked what and where the "freebie" equipment is located. Al Rumpilla stated that he supported the task presented; however, he asked that "freedom of speech" be set as a policy and included on City -on -Line. Ken Anderson, MIS Director for USC, advised that he has donated some time for development of tasks and suggested that the City include a kiosk at Heritage Park and salvage extra hardware/software. He also stated that the majority of the community doesn't have the equipment to access the system; therefore, there will not be a lot of users. He asked if the part-time MIS FEBRUARY 21, 1995 PAGE 9 person would be from the outside or an inside employee. M/Papen advised that once these tasks are completed by the due date, then the Committee can move into other projects. She also reiterated W. Anderson's comments regarding the City including a kiosk at Heritage Park. C/Ansari stated that she was in favor of City -on -Line and felt that the training course is vital for everyone. She asked what the cost is for the program and that an inventory be provided for all equipment used for the City -on -Line. C/Harmony commented that he was also in favor of City -on -Line; however, he was not in favor of putting more money into the program when its the same number of people using the program. He also asked for an inventory report. In response to C/Miller, CM/Belanger advised that an inventory list exists but that it had not been received by C/Harmony. C/Miller moved, M/Papen seconded to approve the proposed work plan as specified and direct staff to take the necessary action to complete each task by the end of FY 94-95 and include a kiosk at Heritage Park, salvage extra software/hardware, include budget adjustments for any items not currently in the budget in the mid -year budget review. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Mller, MIPapen NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - MPT/Werner 6. CONSENT CALENDAR (CONT -D.) 6.10 CONFIRMED APPOINTMENT OF ANNETTE FINNERTY TO THE PARKS & RECREATION COMMISSION - C/Ansari introduced Annette Finnerty as the new Commissioner for the Parks & Recreation Commission. CC/Burgess administered the Oath of Office to Mrs. Finnerty. 8. OLD BUSINESS: 8.3 DISCUSSION OF CITY COUNCIL MEETING RULES - Continued to March 7, 1995. 8.4 (a) CONSIDER AMENDMENTSIREVISIONS TO RESOLUTION NO.91-71 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR FEBRUARY 21, 1995 PAGE 10 ESTABLISHING CITY COUNCIL STANDARDS OF OPERATION - Continued to March 7, 1995. (b) CONSIDERATION OF ADOPTION OF RESOLUTION NO. 95 -XX ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CENSURING COUNCILMAN CLAIR W. HARMONY - Wilbur Smith, 21630 Fairwind Ln., expressed concern over the procedures that the City is following in deciding to support the item. Al Rumpilla was concerned that the Council could censor other Council Members and believed that the Council does not have that power. Michael Morris, Maple Hill Rd., stated that the Council has no right to censor another Council Person when the community voted this person in office. Max Maxwell, 3211 Bent Twig Ln., asked what right the Council has to censor another member based on allegations. Frances Meehan, Season's Apartment Complex, commented on the positive things C/Harmony has done for the senior community and does not want to see him lost from the Council. Nick Anis commented that the conduct of the Council is important and each Council Member should be held accountable for his/her actions. The following persons also spoke against the proposed censorship of C/Harmony: Mary Jefferson, Barbara Beach-Courchesne, Terry Birrell, Kathleen Wong, Ken Anderson, George Barrett and David Araujo. Dr. Lawrence Rhodes, Fiber Ct., advised that this type of censorship is called a Resolution and C/Harmony has the right to vote. C/Ansari advised that she did not agree with things that C/Harmony stated and did. C/Harmony stated that he just wanted this to be voted on. C/Miller stated that intimidation by the Council toward the City's staff is wrong and would like to see it stop. FEBRUARY 21, 1995 PAGE 11 Continued to March 7, 1995. 10. ANNOUNCEMENTS: None 11. ADJOURNED TO CLOSED SESSION AT 11:05 P.M. TO CONSIDER: 1. Pending Litigation (Government Code Section 54956.9) Status report re: Oak Tree Lanes v. City of Diamond Bar. 2. Personnel Session (Government Code Section 54957) re: Consideration of appointment of City Attorney. 3. Personnel Session (Government Code Section 54957) re: Evaluation of City Manager. 12. RECONVENE: M/Papen reconvened the meeting from Closed Session at 11:50 p.m. It was announced that Closed Session action was taken to provide a 6% salary increase to the City Manager effective March 1, 1995 with budget and contract amendments to be scheduled for the March 7, 1995 meeting. Motion carried 3 to 1 with C/Hatmony voting no. No other reportable action was taken. 13. ADJOURNMENT: With no further business to discuss, the meeting was adjourned at 11:05 p.m. L A BURGESS, City Clerk ATTEST: r Mayor