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HomeMy WebLinkAbout03/21/1995 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 21, 1995 1. CALL TO ORDER: Mayor Papen called the meeting to order at 6:35 p.m. in the AQMD Auditorium, 21865 E. Copley, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Council Member Harmony. ROLL CALL: Council Members Harmony, Miller, Mayor Pro Tem Werner and Mayor Papen were present. Council Member Ansari was excused. Also present were Terrance L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Jenkins, City Attorney; George Wentz, City Engineer; Jim DeStefano, Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS, ETC.: 2.1 Proclaimed April as "American Red Cross Month." Marlene Garey, Pomona Chapter of the Red Cross, thanked the Council for the Proclamation and explained the Red Cross program. 2.2 Proclaimed April as "YMCA Month." Jerry White, Director of the YMCA, explained the YMCA programs for this year. 3. PUBLIC COMMENTS: Arlene Pike, 24142 Willow Creek Rd., expressed concern about mud slides and about the water leak/seepage on Golden Springs. Red Calkins, 240 Eagle Nest Dr., complained about discrimination against north D.B. residents. Dr. Lawrence Rhodes, Fiber Ct., shared an article that he read in the March issue of the Tribune regarding truancy. He commented on cities implementing and enforcing truancy, curfew and citations for minors carrying alcohol and/or cigarettes. Terry Birrell expressed disappointment with the auditor selection process. Mike Goldenberg, Parks & Recreation Commission, announced the City's 6th Anniversary celebration, Sunday, April 30, 1995 at Peterson Park, 1:00 p.m. to 5:00 p.m. MARCH 21, 1995 PAGE 2 4. COUNCIL CObMNTS: C/Harmony read a retraction from the February 25, 1995 Daily Bulletin and commented on the Montclair Police Department and their great efforts in apprehending a burglar chased into a D.B. residence. He asked the City Manager if a report was completed regarding Diamond Point. He welcomed S&S Cleaners, D.B. Blvd. & Grand Ave., into the city. CM/Belanger advised that Diamond Point racquet club management had been contacted and they advised that the facility is not for sale. They are interested in providing the facility in conjunction with City recreation programs. C/Miller reported that he attended the Sheriff's Breakfast and met with the Senior Patrol. He stated that synchronization of the traffic lights on D.B. Blvd. and Grand Ave. will be discussed and completed during the summer months. MPT/Werner asked CM/Belanger to comment on the Golden Springs Dr. seepage and the General Plan's availability. M/Papen reported that she had recently traveled to Washington, D.C. with the MTA delegation and commended Congressman Jay Kim for his hard work and efforts. In response to Ms. Birrell, she stated that it was her decision to eliminate any firm that was a major player in the Orange County financial crisis. CM/Belanger stated that the seepage on Golden Springs has been an area of concern since the City incorporated. He advised that a solution is being sought. In regard to the selection of the auditing firm to provide the City's annual financial audit and quarterly procurement and cash disbursement audits, he advised that he would supply the process that was utilized and copies of the fee letters that the firms submitted independent of their proposals. CE/Wentz stated that the City retained the services of Kleinfelder Assoc. to complete a sub -surface geotechnical type review to try to identify the origin and destination of the underground water. Kleinfelder gave staff their best guess and the current plan is for the City to place a sub -surface drain in a location that would capture the bulk of the water and carry it to another underground drainage system away from the surface of the street. This project will be carried out in the summer months. CDD/DeStefano advised that revisions to the text graphics and maps associated with the General Plan are being MARCH 21, 1995 PAGE 3 completed with final drafts completed the first week of April. The Public Hearing will take place the week of May 8, 1995. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS & RECREATION COMMISSION - March 23, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Drive. 5.2 PLANNING COMMISSION - March 27, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Drive. 5.3 CITY COUNCIL MEETING - April 4, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Drive. 5.4 PLANNING COMMISSION - April 10, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Drive. 5.5 TRAFFIC & TRANSPORTATION COMMISSION - April 13, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Drive. 5.6 CITY COUNCIL MEETING - April 18, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Drive. 6. CONSENT CALENDAR: In response to M/Papen, David Liu, Senior Engineer, advised that the purpose for Item 6.7, construction of handicap access ramps at various locations was to install ramps that don't currently exist in order to fulfill ADA requirements. M/Papen asked if street lights or telephone poles would have to be relocated when upgrading these areas. SE/Liu indicated that a few relocations will be necessary which are accommodated for in the design. M/Papen requested that Agenda Item 6.7 be removed for discussion. MPT/Werner moved, C/Miller seconded to approve the Consent Calendar with the exceptions of Items 6.6, 6.7, 6.8, 6.9, 6.11, 6.12 and 6.13. With the following Roll Call vote, motion carried: 6.1.1 Regular Meeting of February 21, 1995 - Approved as submitted. AYES: COUNCIL MEMBERS - Harmony, Miller, MPT/Werner,M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Regular Meeting of February 21, 1995 - Approved as submitted. MARCH 21, 1995 PAGE 4 6.1.2 Special Meeting of February 23, 1995 - Approved as submitted. 6.1.3 Special Meeting of February 28, 1995 - Approved as submitted. 6.1.4 Special Meeting of March 6, 1995 - Approved as submitted. 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of January 23, 1995 - Received and Filed. 6.2.2 Regular Meeting of February 13, 1995 - Received and Filed. 6.2.3 Regular Meeting of February 27, 1995 - Received and Filed. 6.3 APPROVED VOUCHER REGISTER - dated March 21, 1995 in the amount of $789,816.90. 6.4 REJECTED CLAIMS FOR DAMAGES: 6.4.1 Filed by Margaret J. Buchan on March 1, 1995 - Rejected request and referred ~" matter for further action to Carl Warren & Company, the City's Risk Manager. 6.4.2 Filed by Susan M. Goode on March 2, 1995 - Rejected request and referred matter for further action to Carl Warren & Company, the City's Risk Manager. 6.4.3 File by Babbie R. Mayo on February 10, 1995 - Rejected request and referred matter for further action to Carl Warren & Company, the City's Risk Manager. 6.5 APPROVED PROPOSITION A LOCAL RETURN FUND, PROPOSITION C LOCAL RETURN FUND AND TRANSPORTATION DEVELOPMENT ACT AUDITS FOR THE FISCAL YEARS ENDED JUNE 20, 1994 AND 1993. 6.10 (a) ADOPTED RESOLUTION NO. 95-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1995-96. (b) ADOPTED RESOLUTION NO. 95-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MARCH 21, 1995 PAGE 5 ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1995-96. (c) ADOPTED RESOLUTION NO. 95-16: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1995-96. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.6 RECONSTRUCTION/REHABILITATION OF DIAMOND BAR BLVD., FROM GRAND AVENUE TO BREA CANYON ROAD - CM/Belanger stated that this matter was to request approval of up to $190,000 for change orders related to the project and increase the contract amount for the construction inspector from $15,000 to $21,720. He reported that the seven change orders include problem areas found during construction/rehabilitation and are reasonable. Negotiations with the contractor have been completed. He recommended payment of the change orders in the amount of $125,660.08. C/Harmony stated that the City had gone substantially over budget and asked staff why they didn't know of the underground spring when the road was wet all of the time. CM/Belanger explained that the actual contract that the Council approved was in the amount $1,128,997.15, the change orders reflect about a 12% increase. He advised that it was recognized that the design and the subsurface evaluation of that project might have been more extensive and more accurate. He also advised that there was a problem but staff was unaware of the extent of the problem until the ground was open. MPT/Werner asked why the work was not completed until February when the signs indicated that the work would be completed by December. He also asked if there was a liquidated damages clause in the contract for delays incurred by the contractor. ICE/Wentz explained that there was a difference MARCH 21, 1995 PAGE 6 between what was found versus the design plans which did not actually reflect actual field conditions. The design engineering firm conducted initial subsoil investigations through test holes, etc. to try to identify what the street section looked like and what subsoil conditions were. Significant water problems were found, in terms of soil saturation as well as standing water in some places. When the contractor hit the hydrants, it may have contributed to the problem but it did not cause the problem. Final quantities of work completed by the contractor were greater than the calculations in the design plans. Negotiations took place when the contractor charged for items that staff felt were a part of the job. He explained that the difference in the accounting is the number of work days versus the number of calendar days involved and the allocation or allowance given to the contractor for rain days. C/Miller asked if design plans and as -built plans were submitted by the County and stated that since the contractor hit three lateral hydrants, he will —" absorb the cost. MPT/Werner again commented on the liquidated damages and asked if the contractor was delayed because he did not have licensing for the rubberized material. He asked if the City has possession of the construction video. CM/Belanger stated that the contractor did not have the rubberized installation license; however, the project was held up for another reason also. SE/Liu reported that the contractor obtained the rubberized installation permit within 2 days and within that 2 day period, the primary contractor had also been doing some of the improvements. In response to M/Papen, CM/Belanger advised the exact amount for Griffith Co. is $190,000 and DL&A is for $6,720. C/Miller moved, M/Papen seconded to authorize the City Manager up to $190,000 for project change -- orders with Griffith Co. and authorize the City Manager to execute a contract amendment with Dewan, Lundin & Assoc. to increase the contract amount from $15,000 to $21,720. With the following Roll Call vote, motion carried: MARCH 21, 1995 AYES:;._ NOES: ABSENT: PAGE 7 COUNCIL MEMBERS - COUNCIL MEMBERS - COUNCIL MEMBERS - Harmony, Miller, M/Papen MPT/Werner Ansari 6.7 AWARD OF CONTRACT FOR CONSTRUCTION OF HANDICAP ACCESS RAMPS AT VARIOUS LOCATIONS - C/Papen stated that for this construction, some light and electrical posts would have to be moved which would cost an additional sum of money. She advised that Congress will soon be passing a law that reflect the number of wheel chair ramps necessary. She asked how many intersections do not have curb cuts. SE/Liu reported that all intersections have standard handicap access which do not necessarily comply with current ADA standards. He clarified that only one pole box, not the pole itself, needs to be moved. He indicated that the ADA requires accessibility to pedestrians and that the City's ramps currently do not include several characteristics. ICE/Wentz advised that there is a handicap fund to help cities pay for these ADA requirement changes. C/Papen felt that was a waste of taxpayers money even though the improvements are paid for by Federal monies. MPT/Werner moved, C/Harmony seconded to hold over for 30 days the award of contract for construction of handicap access ramps at various locations and direct staff to contact local agencies that can provide input. With consensus of Council, the motion was approved. 6.8 AWARD OF CONTRACT FOR DIAL -A -CAB SERVICE - CM/Belanger reported that Dial -A -Cab services will be provided for seniors and the disabled within a 10 mile radius. The service contract is proposed for 16 months, after which 4 1 -year extensions will be made available upon mutual agreement. M/Papen asked if the 10 mile radius starts at City boundaries. Mr. Brian Hunt, President, Diversified Paratransit, advised that the 10 mile radius will start at the City boundaries in order to cover the Brea and La Puente Malls. MARCH 21, 1995 PAGE 8 MPT/Werner asked if the Chamber of Commerce had been involved in this process of determining the program. He expressed concern that people will use the cab for shopping outside the City. CM/Belanger advised that other Dial -A -Cab programs were researched within the area. He stated that their subsidy amount requires the rider to pay more money for the use of the cab. He also stated that the cab fare can be adjusted so that it will encourage residents to stay in the D.B. area to shop. Mr. Hunt stated that, on the average, the City will pay approximately $13.00 per passenger on the van service and San Dimas' Dial -A -Cab subsidy is approximately $4.50 per passenger. He reported that he had seen residents using the taxi for shopping within City boundaries in other cities. MPT/Werner asked Mr. Hunt if they could purchase gas for their cabs in D.B. He suggested that an _ initiation period be considered in order to give the Council time to see how the program is working and how the fares are for the citizens. - Mr. Hunt advised that that would not be a problem and that they could buy gas in D.B. C/Harmony stated that the $.50 fare was requested by the senior citizens club, which was based on the Dial -A -Ride service which is $.50. He also agreed that a trial period would be acceptable. AA/Fritzal responded that the Dial -A -Ride's parameters include Hacienda Heights, Rowland Heights, the Brea Mall, the Puente Hills Mall, D.B. and 5 medical facilities including Brea, Corona, West Covina. In response to M/Papen, Mr. Hunt explained that tiered rates in San Dimas start with $1.00 for in - town rides and goes up the further a rider goes out of town. At some point, riders go onto the meter beyond the boundaries of the Dial -A -Cab service. In response to MPT/Werner, CM/Belanger advised that the budget through the end of the fiscal year is $25,000 and the contract term is for 16 months. M/Papen moved, C/Miller seconded to award a MARCH 21, 1995 PAGE 9 contract for Dial -A -Ride Service to Diversified Paratransit, Inc. for a 16 -month period with 4 1 - year extensions upon mutual agreement, and set the fare at $.50 within the City and $1.50 outside of the City. In response to C/Harmony, CM/Belanger advised that Page 2, Section 3E, Records Review; and Page 5, Section 17, Term Renewal, had been revised. C/Harmony moved to amend the motion to change Section 3E, Paragraph B to read "intensity of shared Bides will be governed by the City Manager." He explained that this would give authority to the City Manager to administer group ride sharing. M/Papen stated that ride sharing is important; however, there are people that don't want to share rides. MPT/Werner commented that Dial -A -Cab manages ride sharing on the basis of when they get the call and the destinations of riders. Mr. Hunt stated that they will manage ride share pairing unless it causes complaints. C/Harmony's amendment to the motion failed for lack of a second. MPT/Werner asked about other emergency situations that arise and would they be covered. Frank Dursa asked if this program included Orange County and how the service will be advertised. M/Papen advised that Orange County is included; however, if the ride goes beyond a 10 -mile radius, then the cab will go onto the meter. CM/Belanger advised that the program will be widely announced through cable, senior citizen's center, Windmill, etc. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Miller, MPT/ Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari MARCH 21, 1995 PAGE 10 6.9 RESOLUTION NO. 90-451: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER REGULATIONS - C/Harmony verified that this resolution is to change personnel regulations to include a new position for MIS assistant and the City Manager's salary. MPT/Werner moved, C/Miller seconded to adopt Resolution No. 90-451 entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER REGULATIONS. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - Ansari 6.11 RESOLUTION NO. 95-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE GRAND AVENUE STREET REHABILITATION, TRAFFIC SIGNAL SYNCHRONIZATION & INTERSECTION MODIFICATION PROJECT FROM GOLDEN SPRINGS DRIVE TO SAN BERNARDINO COUNTY LINE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. C/Miller moved, MPT/Werner seconded to adopt Resolution No. 95-17 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE GRAND AVENUE STREET REHABILITATION, TRAFFIC SIGNAL SYNCHRONIZATION & INTERSECTION MODIFICATION PROJECT FROM GOLDEN SPRINGS DRIVE TO SAN BERNARDINO COUNTY LINE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Miller, MPT/ Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 6.12 REQUEST FOR PROPOSAL FOR STREET MAINTENANCE SERVICES CONTRACT - C/Harmony asked how a private company can respond to emergencies anytime of day, in any kind of weather, any holiday, etc. He felt MARCH 21, 1995 PAGE 11 that the County had proven its ability to provide this service anytime with the right equipment. C/Miller moved, MPT/Werner seconded to approve the request for proposals on contract street maintenance services. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Miller, MPT/ Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 6.13 RESOLUTION NO. 95-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, SUPPORTING SENATE BILL 387 (MOUNTJOY) PROHIBITING AN ENFORCEMENT AGENCY FROM ISSUING A SOLID WASTE FACILITY PERMIT FOR A MATERIALS RECOVERY FACILITY, IF THE FACILITY MEETS SPECIFIED CONDITIONS, AS DEFINED - M/Papen stated that the City had been working to get some constraints on the City of Industry's MRF proposal. C/Harmony stated that he wanted this pulled so that it was brought to the public's attention that there is legislation proposed that could help us out. He asked if the Cities of Walnut and D.B. were the only one fighting the City of Industry's situation. CM/Belanger advised that the author and the two communities will be trying to phrase legislation in such a way that it does not raise objection from the League of Cities and the County Association of Supervisors . C/Miller indicated that he would be attending Assembly Committee Hearings . to di,3cuss the percentage required for residential land use. MPT/Werner moved, C/Miller seconded to adopt Resolution No. 95-18 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, SUPPORTING SENATE BILL 387 (MOUNTJOY) PROHIBITING AN ENFORCEMENT AGENCY FROM ISSUING A SOLID WASTE FACILITY PERMIT FOR A MATERIALS --1 RECOVERY FACILITY, IF THE FACILITY MEETS SPECIFIED CONDITIONS, AS DEFINED. With the following Roll Call vote, motion carried: MARCH 21, 1995 PAGE 12 AYES: COUNCIL MEMBERS - Harmony, Miller, MPT/ Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: None 9. NEW BUSINESS: 9.1 ASSESSMENT ENGINEERING SERVICES CONTRACT FOR LANDSCAPING ASSESSMENT DISTRICT NOS. 38, 39, 41 - ICE/Wentz reported that, after receipt of 6 bids, he was recommending approval of a 3 -year contract with to GFB-Friedreich & Assoc., Inc. for assessment engineering services for Districts 38, 39 & 41. Frank Dursa asked why engineering services were necessary when the districts were established. He opposed any increase in assessments in the _ Districts. Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., - opposed any increase in assessments and expressed concern over granting a multi-year contract. ICE/Wentz explained that a report is required for consideration by the Council to designate an engineer. This contractor has done work for the City previously and has proven that they are capable of a multi-year contract. A 15 -day termination clause is provided in the agreement. C/Harmony stated that 2 of the Districts were low in revenue and asked if this engineer deals with such issues as how to create more cost-effective management programs, watering and other conditions. CM/Belanger advised that the assessment engineer is not hired to provide that kind of advice; however, they can provide assistance and guidance in cost effectiveness, etc. MPT/Werner moved, C/Miller seconded to award a — professional engineering services contract to GFB- Friedrich & Assoc., Inc. in an amount not to exceed $10,000, $8,925 and $9,250 for Fiscal Years 1995- 96, 1996-97 and 1997-98 respectively, a contract total of $28,175 plus a contingency amount of MARCH 21, 1995 PAGE 13 $3,000 for Landscape Assessment Districts 38, 39 & 41. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Miller, MPT/ Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 10. ANNOUNCEMENTS: M/Papen announced that the Friends of the library would be having their 2nd Annual Wine Tasting Soiree on Sunday, April 2, 1995, 2:00 - 5:00 p.m. at Generations Restaurant. 11. CLOSED SESSION: None 12. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 8:57 p.m. LY A BURGESS, City Clerk ATTEST: