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HomeMy WebLinkAbout04/18/1995 Minutes - Regular MeetingMINUTE5 OF TME GITY GOUIVGIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 18, 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 Mayor Pro Tem Werner. ROLL CALL: Council Members Ansari, Harmony, Miller, Mayor Pro Tem Werner and Mayor Papen. Also present were Terrance L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Jenkins, City Attorney; George Wentz, City Engineer; Don Hensley, Parks Superintendent; Rob Searcy, Associate Planner and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS, ETC.: 2.1 Proclaimed April 23 - 29, 1995 as the "General Federation of Women's Club Week." Certificate accepted by Ruth Castillo, President of the Diamond Bar Women's Club. Ms. Castillo announced that the Women's Club meets every third Wednesday of each month at the Royal Vista Golf Club at 10:30 a.m. 2.2 Proclaimed April 30 through May 6, 1995 as "Small Business: Building America's Future." Certificate accepted by Fred Scalzo, President, D. B. Chamber of Commerce. 2.3 M/Papen announced that on April 30, 1995, there will be a blood donor drive to find a bone marrow match for leukemia victim Inez Vidal. Jacqueline Ramirez, American Red Cross Marrow Donor Program, thanked the City for providing an opportunity to coordinate a marrow donor campaign and showed a video describing the Red Cross' marrow donor program. Walter and Gloria Vidal expressed their gratitude to the City in cooperating with the Red Cross and the family for coordinating the marrow donor campaign. 3. PUBLIC COMMENTS: Don Schad, 1824 Shaded Wood Rd., advised that the Dial -A -Cab went into effect today for Seniors. Further, that security lights were installed at Sycamore Canyon Park which should discourage night time activities, graffiti and vandalism. He expressed concern that the rains have caused the stream to undermine the largest APRIL 18, 1995 PAGE 2 and oldest Sycamore trees and that one of the largest Sycamore trees toppled over due to the heavy rains. He recommended that steel safety rails be installed for the trees' survival and safety for the park users. Regarding Item 6.9.3, he stated that the parkway trees should be secured with ties and suggested that the City make sure that these trees remain. Regarding Item 6.9.4, he stated that some of the parks are not being taken care of properly and that the trees need special attention for their survival. Jack Healy, 23041 Aspen Knoll, commented that the MRF issue has been mishandled by the City and lobbyist Joe Gonsalves. He suggested that the City hire a new lobbyist that is against the MRF to defend the City. He asked who appointed Joe Gonsalves as lobbyist. M/Papen advised that Joe Gonsalves was hired as the City's lobbying firm by the original City Council and has helped the City lobby several very important issues that the City was faced with during its first year of incorporation. C/Miller stated that he met with several officials during his Sacramento visit and will push this issue before the Assembly. He stated that Senator Mountjoy and Assemblyman Horcher both support the fight against the MRF; however, when this issue went before the Senate Committee, it failed. C/Ansari reported that she was also in Sacramento on March 29, 1995 during lobbying of the MRF issue. She advised that the Gonsalves firm stayed neutral until March 31, when the firm took sides with the City of Industry. She advised that everyone was very surprised because there was no previous indication that Mr. Gonsalves would not remain impartial. C/Harmony agreed with Mr. Healy that by keeping the Gonsalves firm, it was a conflict of interest. Steve Nice, Rising Star Dr., expressed frustration in that the Council did not take his recommendations seriously in getting a new lobbyist to represent the City in the MRF issue. He also expressed frustration in not hiring Mr. Montgomery as the City Attorney because of a perceived conflict of interest and the hiring of Mr. Jenkins as the City Attorney with a definite conflict of interest. MPT/Werner commented that he has never worked with Mr. Jenkins at the City of La Habra or retained his services privately. C/Miller stated that Mr. Montgomery did have a conflict of interest with Mr. APRIL 18, 1995 PAGE 3 Miller's company and with Mr. Werner. M/Papen advised that Mr. Jenkins was hired behind closed session with a 5-0 vote and with high regard. C/Harmony advised that he did not vote in favor of hiring of Mr. Jenkins, but that he voted to consider and to have contracts prepared after the executive session. C/Ansari advised that Mr. Montgomery was not considered to have conflicts of interest and was cleared by the FPPC. Red Calkins, 240 Eagle Nest Dr., stated that he wants to see the City keep up the fight against the MRF and that more citizens need to get involved. C/Ansari stated that the Council and staff are all working together to beat the MRF issue. Bob Huff thanked the City and M/Papen for the support the City is giving to the Vidal family. He commented in favor of the General Plan goals by suggesting the enhancement of the City's entrance signs by sprucing them up with flowers or planters underneath them; increasing City bike paths and their usabi!ity and helping to solve traffic problems regionally by actively pursuing a bypass highway. M/Papen commented that the San Gabriel Valley has been conducting a regional study on bikeways not including Brea Canyon Rd. She advised that the City requested that Brea Canyon Rd. be added. Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., commented negatively on keeping Gonsalves & Sons as lobbyist. She expressed concerns with the City becoming a Sister City with a city in China and China not having the same philosophies as D.B. She requested an apology by MPT/Werner in his comments to an audience member. M/Papen stated that when lobbyists were interviewed five years ago, one of them would have charged the City twice the fee with additional fees on each bill to be lobbied. Gonsalves & Sons was not fired because there was more at stake in local government in our being a City than just the MRF Bill. MPT/Werner stated that when these issues were at the forefront last year, the City offered to the City of Walnut to join forces in hiring a collective team and the City of Walnut chose to go on their own. APRIL 18, 1995 PAGE 4 Albert Perez, Pantera Dr., commented that when hiring a new lobbyist, the City needs to ask if they are already involved in a specific event. He also asked staff to try and get a refund from Gonsalves & Sons for breach of contract. Terry Birrell endorsed the comments of Mr. Nice and Mr. Healy regarding issue 6.5. She advised that she attended many finance committee meetings and the conflict of interest with Gonsalves & Sons was discussed and acknowledged by committee members. She asked why the City of Walnut is the lead city in the MRF issue. M/Papen again advised that the City of Industry distributed an Environmental Impact Report giving the City 45 days to respond; the City hired an environmental consultant to respond to the EIR; our comments were so critical of the EIR, Industry had to revise their EIR and circulate it a second time and that the City raised numerous issues that Industry was unable to mitigate. She also explained that during the process, a decision was made to try and fight the MRF in a legislative manner as well as through the system of approvals. She advised that the Cities of D.B. and -- Walnut are working on a two -prong approach to seek legislation which will allow the Cities to have legal input in the decision making process and are continuing to oppose the MRF during the permit application process. In response to C/Ansari, CM/Belanger explained that, originally, there was not a conflict of interest between Gonsalves and the City of Industry and the City of D.B. because they remained neutral. He received a telephone call on March 31, 1995 from Mr. Gonsalves who advised that his firm was representing the City of Industry in the MRF issue; therefore, he terminated the contract with Gonsalves & Sons at that time. C/Harmony asked the City Manager to investigate the City of Walnut and how much they paid the additional lobbyist. He expressed concern that other monies have been spent toward other issues for which Gonsalves & Sons charged an exorbitant amount. M/Papen corrected C/Harmony's comment in that the City of Walnut took $300,000 out of redevelopment funds for their activities and that the City of Industry and D.B. worked together in covering the expenses for Gonsalves & Sons during the Diamond Ranch High School lobbying. 4. COUNCIL COMMENTS: C/Ansari announced that she is a member of the San Gabriel Valley Council of Governments and that meetings have been scheduled for citizens within the San Gabriel Valley APRIL 18, 1995 PAGE 5 to discuss their needs within their communities. The first meeting will be held on May 9, 1995 - 6:30 - 9:30 p.m. at the AQMD. Further, she reminded everyone of the City's 6th Anniversary Celebration on Sunday, April 30, 1995, 1:00 - 5:00 p.m. with lots of games, food and the blood donor booth. C/Harmony announced that today was the ribbon cutting ceremony for the City's Dial -A -Ride Cab Service servicing handicap persons and senior citizens within a 10 mile radius with a minimal charge of $0.35 a mile. He expressed concern that the Council's version of the General Plan has moved far beyond the GPAC's version. He stated that the Council should be interested in what the citizens want and proposed that the Council put both the GPAC version of the General Plan and the Council version of the General Plan on the ballot. He also commented on people picking up recyclables illegally and asked citizens to report incidences to the Sheriff s department. C/Miller stated that the negative people in D.B. need to be more positive with each other and remain focused on talking more positively when addressing Council meetings. MPT/Werner felt that he did not undermine Mr. Nice's comments. M/Papen asked that this meeting be adjourned in memory of Husna Ansari, Councilwoman Ansari's mother-in-law. She announced that on Saturday, April 29, 1995, 8:00 a.m. - 8:00 p.m. in the AQMD, the 3rd Annual Information Super Highway Summit will be presented with preferred tickets at $20.00, general admission at $7.50. She read a letter received from Jack Cameron, President of Diamond Bar Associates stating that his firm never accused M/Papen or C/Miller of committing any illegal acts. She also stated that the Council doubled the amount of designa+ed open space in regard to the General Plan. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - April 24, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 PARKS & RECREATION COMMISSION - April 27, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 CITY 6TH BIRTHDAY CELEBRATION - April 30, 1995 -1:00 p.m. to 5:00 p.m., Peterson Park, 24142 E. Sylvan Glen Dr. 5.4 CITY COUNCIL MEETING - May 2, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 CITY COUNCIL GENERAL PLAN HEARING _ May 9, 1995 - 6:30 APRIL 18, 1995 PAGE 6 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Miller moved, MPT/Werner seconded to approve the Consent Calendar. 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 6.1 Approved City Council Minutes of Regular Meeting of March 21, 1995 - as submitted. 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of January 23, 1995 - Received & filed. 6.2.2 Regular Meeting of February 13, 1995 -Received & filed. 6.2.3 Regular Meeting of February 27, 1995 - Received & filed. 6.2.4 Regular Meeting of March 13, 1995 -Received & filed. 6.3 APPROVED VOUCHER REGISTER - dated April 18, 1995 in the amount of $306,611.50. 6.4 REJECTED CLAIM FOR DAMAGES - Filed by Jon Lanier on March 28, 1995 and referred matter for further action to Carl Warren & Company, the City's Risk Manager. 6.5 TERMINATED THE LEGISLATIVE ADVOCACY AGREEMENT WITH GONSALVES & SONS - directed staff to notify Gonsalves & Son that the termination would be effective April 1, 1995. 6.6 AWARDED CONTRACT FOR CONSTRUCTION OF HANDICAP ACCESS RAMPS AT VARIOUS LOCATIONS - to Keiter Construction Co. of D.B. for construction of handicap access ramps, in an amount not to exceed $55,200 with a contingency amount of $8,000 for project change orders to be approved by the City Manager. 6.7 AWARDED BID FOR MAPLE HILL PARK ADA RETROFIT - to Allied Engineering & Construction, Inc. for construction of ADA modifications at Maple Hill Park in the amount of $154,661.84 plus an additional amount not to exceed $6,000 to serve as a contingency. APRIL 18, 1995 PAGE 7 6.8 ADOPTED RESOLUTION NO. 95-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF MONUMENT SIGNS IN THE CITY PARKS IN THE CITY OF DIAMOND BAR AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.9 CONTRACT EXTENSIONS: 6.9.1 APPROVED EXTENSION OF CONTRACT FOR CITY- WIDE STREET TREE MAINTENANCE - to West Coast Arborists, Inc. in the amount of $45,000 for July 1, 1995 to June 30, 1996. 6.9.2 TERMINATE GRAFFITI REMOVAL CONTRACT WITH SAN GABRIEL VALLEY BOYS CLUB AND APPROVED EXTENSION OF CONTRACT WITH GRAFFITI CONTROL SYSTEMS - Directed staff to draft a letter to the San Gabriel Valley Boys Club to terminate the agreement for graffiti removal effective June 30, 1995 and approved extension of the contract with Graffiti Control Systems for FY 1995/96 in an amount not to exceed $25,000 (833 sites). 6.9.3 APPROVED EXTENSION OF CONTRACT FOR WEED CONTROL /SIDEWALK AND PARKWAY MAINTENANCE - with Landscape West, Inc. in an amount not to exceed $54,742 for FY 1995/96. 6.9.4 APPROVED EXTENSION OF CONTRACT FOR MAINTENANCE OF EIGHT (8) CITY PARKS - with Accurate Landscape & Maintenance Corp. in an amount not to exceed $102,600 for FY 1995/96. 6.10 AWARDED CONTRACT TO THE CITY OF BREA TO PROVIDE RECREATION SERVICES FOR CITY OF DIAMOND BAR FOR 1995/96 FISCAL YEAR - with projected expenditures of $440,613 and projected revenues of $345,740 for FY 1995/96. 6.11 AWARDED CONTRACT FOR PLAN CHECKING SERVICES FOR VESTING TENTATIVE TRACT 51169 IMPROVEMENT PLANS AND FINAL MAP - to Bryan A. Stirratt & Associates in an amount not to exceed $15,986. 7. PUBLIC HEARINGS: None APRIL 18, 1995 0 OLD BUSINESS: PAGE 8 8.1 SECOND READING OF ORDINANCE NO. 03(1995): AN ORDINANCE OF THE CITY OF DIAMOND BAR REGULATING AUTOMOBILE FOR HIRE AND TAXICAB OPERATION SERVICES AND REPEALING CHAPTER 7.80 OF THE LOS ANGELES COUNTY CODE - MPT/Werner moved, C/Miller seconded to approve for second reading by title only, Ordinance No. 03(1995) entitled: AN ORDINANCE OF THE CITY OF DIAMOND BAR REGULATING AUTOMOBILE FOR HIRE AND TAXICAB OPERATION SERVICES AND REPEALING CHAPTER 7.80 OF THE LOS ANGELES COUNTY CODE. 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 8.2 SECOND READING OF ORDINANCE NO. 04(1995): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE TERM OF THE CABLE TELEVISION SYSTEM FRANCHISE, GRANTED UNDER THE COUNTY OF LOS ANGELES MASTER CABLE TELEVISION ORDINANCE NO. 12,137 AS AMENDED AND HERETOFORE ADOPTED BY THE CITY FOR PERIOD NOT TO EXCEED 6 MONTHS - In response to C/Harmony, CM/Belanger reported that the procedural plan will be forwarded to the Council in a few days. The plan is to advise Council as to how staff will proceed in negotiations with Jones Intercable. MPT/Werner moved, C/Miller seconded to approve for second reading by title only and adopt Ordinance No. 04(1995) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE TERM OF THE CABLE TELEVISION SYSTEM FRANCHISE, GRANTED UNDER THE COUNTY OF LOS ANGELES MASTER CABLE TELEVISION ORDINANCE NO. 12,137 AS AMENDED AND HERETOFORE ADOPTED BY THE CITY FOR PERIOD NOT TO EXCEED 6 MONTHS. 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 APRIL 18, 1995 PAGE 9 9. NEW BUSINESS: 9.1 LOCAL GOVERNMENT EDUCATION - ACM/Usher reported on a curriculum developed by the Institute for Local Self -Government and the League of California Cities which includes a course on local government including three parts for elementary students, middle school students and high school students. A partnership between the City and the school districts will be established with the City paying the cost of 6 teachers, three from each district in the elementary, middle and high school levels, to attend an institute in Sacramento so that they may train other teachers to address the issues of local government in their civics and government classes. In turn, the school districts would pay the cost of acquiring the materials to be used in the classrooms where local government issues are studied. Funds for this project are currently available in the budget from monies left over from a previous program along with additional funds from economic development. MPT/Werner stated that the City was involved in this program in 1990 and asked ACM/Usher what the results were in that effort. ACM/Usher advised that teachers did participate and local government was addressed in the schools; however, that was five years ago and there has not been an active program since to continue that education. C/Ansari asked if brochures are available for Council review. C/Miller moved, MPT/Werner seconded to approve reallocation of the $3,665.84 returned to the City from the DFYIT, Drug Free Youth In - Town Program as well as $2,400 to be transferred to Account No. 001-4095-2355, Contributions to Community Groups, from Account No. 001-4095-4260, Economic Development, to provide funds for Local Government Training Institute attendance by six teachers, three from each District, serving D.B. students. 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 9.2 PROPOSAL FOR COMMUNITY CENTER - CM/Belanger reported that a the Sheriff has asked that a community service center be APRIL 18, 1995 PAGE 10 established in the Country Hills Town Center as a pilot program and recommended that the Council hold this over until Mey 16, 1995 in order that the Captain can speak on behalf of the program. Martha Bruske, 600 So. Great Bend, introduced a newspaper clipping from the Progress Bulletin regarding the new community service center. - She stated that she is against this location for a Sheriff sub station. Dr. Lawrence Rhodes, Fiber Ct., stated that he was in favor of the proposal and supported the location at the Country Hills Town Center. C/Ansari asked that furniture and office supplies be added to this budget. She also asked if there are other areas that are available for the sub -station that might be more strategic. C/Harmony expressed concern that patrol hours will not be taken away because there -is a facility to go to. He asked that North D.B. be considered for the sub -station location. MPT/Werner commented on Ms. Bruske's comments and asked her to keep an open mind until she hears the report from the L.A. Sheriffs Captain. He also asked that the Captain take into consideration of opening second and third sub -stations. M/Papen advised that this request did not come from the Sheriffs Department but rather the Shopping Center. She also expressed concern in keeping the deputies out on patrol as much as possible and an administrative office not be set up to remain open. She explained that this is not a sub -station, but rather a Community Service Center to be used by a variety of City staff. She asked staff to report on the intended usage of the Community Service Center. C/Ansari reported that the Community Service Center in Rowland Heights is staffed by a volunteer group who gives out community information. With consensus of the Council, the matter was continued to May 16, 1995. 10. ANNOUNCEMENTS: None 11. ADJOURNMENT: There being no further business to APRIL 18, 1995 PAGE 11 conduct, the meeting was adjourned at 8:55 p.m. in memory of Husna AnsarH. 4Xa� LY DA BUP.GESS, ity 6lerk ATTEST: i Mayor '