HomeMy WebLinkAbout06/12/1995 Minutes - Adj. Regular MeetingMINUTES OF THE CITY COUNCIL
ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR
JUNE 12, 1995
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, Mayor
Pro Tem Werner and Mayor Papen.
Also present were Terrence L. Belanger, City Manager; Frank Usher,
Assistant City Manager; Michael Estrada, Assistant City Attorney; George
Wentz, City Engineer, Bob Rose, Community Services Director; James
DeStefano, Community Development Director and Lynda Burgess, City
Clerk.
3. PUBLIC COMMENTS: Barbara Beach-Courchesne, 2021
Peaceful Hills Rd., stated that she would like to see the land left open in
TTM 47850. She also stated that as much as she wanted to save Sandstone
Canyon, Mr. Arciero had the right to build.
6. CONSENT CALENDAR: MPT/Werner moved, C/Ansari seconded
to approve the Consent Calendar with the exception of Items 6.1.1, 6.5, 6.9
(A) & (B), 6.11 and 6.13. With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/Werner, M/
Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED MINUTES:
6.1.1 Regular Meeting of May 2, 1995 -As submitted.
6.1.2 Adjourned Regular Meeting of May 9, 1995 - As submitted.
6.2 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting
of March 23, 1995 - Received & filed.
6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES:
6.3.1 Regular Meeting of March 9, 1995 -Received & filed.
6.3.2 Special Meeting of March 30, 1995 -Received & filed.
6.4 PLANNING COMMISSION MINUTES:
6.4.1 Regular Meeting of March 27, 1995 - Received & filed.
6.4.2 Regular Meeting of April 10, 1995 - Received & filed.
6.4.3 Regular Meeting of April 24, 1995 -Received & filed.
JUNE 12, 1995 PAGE 2
6.6 TREASURER'S REPORT - Received and filed Treasurer's Report
dated April, 1995.
6.7 CLAIM FOR DAMAGES - Filed by Phil Rini May 12, 1995. Rejected
request and referred matter for further action to Carl Warren &
Company, the City's Risk Manager.
6.8 NOTICE OF COMPLETION FOR CONSTRUCTION OF NEW
SIDEWALKS ON DIAMOND BAR BOULEVARD - Accepted work
performed by JDC, Inc. and authorized the City Clerk to file the Notice
of Completion and release any retention amounts after 35 days of
filing.
6.10 ADOPTED RESOLUTION NO. 95-25 ENTITLED: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING PLANS AND SPECIFICATIONS FOR PARK SITE
LANDSCAPE IMPROVEMENTS (A) SYCAMORE CANYON PARK;
(B) STARSHINE PARK; (C) HERITAGE PARK IN THE CITY OF
DIAMOND BAR AND DIRECTING THE CITY CLERK TO --
ADVERTISE TO RECEIVE BIDS.
6.12 APPROVED AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH CHARLES ABBOTT ASSOCIATES FOR
ENVIRONMENTAL MANAGEMENT SERVICES - Approved the
amendment and authorized the City Manager to allocate an additional
$8,000 for environmental management services related to the used
motor oil grant program.
4. COUNCIL COMMENTS: C/Harmony announced his wife's and
daughter's birthdays. Further, he stated that on May 5, 1995, there was a
Cinco de Mayo party to celebrate the failure of the "Harmony Recall"
campaign. He presented aerial photos of the landslide on Morning Sun Dr.
and pointed out cracks in the bedrock. He thanked the Sheriffs Department
for the opportunity to see the slide from the air. He then displayed a flyer
announcing an essay contest with a prize of $25. In regard to the last Sales
Tax Report indicating that sales tax had dropped in the City because the
Board of Equalization had assigned D.B.'s revenue to some other agency,
he asked staff to investigate the allocation of the business sales tax and
determine if it's legally feasible to negotiate the tax back or to encourage
them to bring it back. He advised that under the Bradley Bums Law, some --
business owners have a say so as to where that tax is allocated. He
discussed the two different General Plans that are being promoted and
urged citizens to sign the petition for the GPAC version to be placed on the
ballot.
C/Ansari announced that she had been appointed to the Policy Committee
JUNE 12, 1995 PAGE 3
of SCAG for Energy and Environment and to the Board of the Contract Cities
Assn. In the annual report by the San Gabriel Valley Consortium of Cities,
it is indicated that they were able to save 3,093 jobs by giving San Gabriel
Valley businesses alternatives regarding location. She announced that AAA
will be opening an office in the space formerly occupied by Alta Ski & Sport
on D.B. Blvd. She reported that she recently drove around the City and
noticed several areas of blight and concern and will provide information to
staff for followup. She suggested consideration of a program whereby staff
and Council tour the City one day/month to look for areas of concern. She
then congratulated Alba Mosier on her election as President of the
Soroptomists Club and extended good wishes to Richard Tramios who
recently graduated from the Air Force Academy.
MPT/Werner announced that over 4,000 residents attended the Walnut
Sheriffs Open House during the weekend of June 10-11, 1995. He also
stated that he participated in a Sheriffs ride -along and reported that the
community is very well covered by Sheriff patrol vehicles. In regard to a
residential fire on Aspen Knoll, he asked staff for a report on response time
-- by the Fire Department, "911" and the Sheriffs Department in comparison
to the Great Bend fire response time.
M/Papen stated that she is working with MTA, Cal Trans and staff to secure
funding for another park -n -ride expansion in the City. The project is in
excess of $600,000 and the City is seeking 1/3 of that as a grant through the
Call for Projects. Funding announcements will be made at the end of June.
She also advised that she attended a third grade history class at Maple Hill
School and observed the class in building a mini -city. She stated that it was
an interesting experience to visit their city and see the similarities. She
congratulated Rojan Verjinkarr on reaching Eagle Scout which was awarded
in a ceremony at Quail Summit Elementary School. She expressed concern
that the citizen's version of the General Plan is being misrepresented in that
the GPAC volunteers did not take a vote on that version; therefore, it was too
late to place on the ballot several years ago. She reviewed some of the
issues in the General Plan that were being misrepresented and reported that
if D. B. has no General Plan by October 31, 1995, the Council will not be able
to approve any commercial tenant improvements by permit.
6. MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.5 VOUCHER REGISTER - C/Harmony. . explained that he was
concerned with the City Attorney's bill of over $10,000 and that he
had requested copies of all of the new Attorney's bills and he has
received none. He felt the bills needed to be clarified and requested
that an independent audit be performed. Further, he suggested
continuing this matter to Closed Session on June 20, 1995 for further
discussion.
JUNE 12, 1995 PAGE 4
ACA/Estrada explained that this matter does not need to be
discussed under executive session but that a subcommittee can be
formed to discuss the bills with the City Attorney directly.
C/Ansari also expressed concern regarding the attorney's bill and
wondered if these bills are a monthly occurrence. She suggested
that a subcommittee meet with Mr. Jenkins for further discussion.
She also requested that the attorney firm promptly submit their bills
for payment.
MPT/Werner concurred with C/Ansari's comments in that a
subcommittee be formed to review the City Attorney's bills. He asked
what staff member is in charge of reviewing and monitoring the City
Attorney and why wasn't the taxi cab ordinance monitored properly.
C/Ansari advised that it was Council who directed the City Attorney
to review the taxicab ordinance with no direction or expectations.
CNUBelanger reported that the City Manager has the responsibility of --
reviewing the City Attorney's charges. He stated that it will take
several billings in order to get a basis for normal billings from the new
attorney.
Steve Nice, Rising Star Dr., expressed concern over the Voucher
Register not being paid because of the attorney bill. He also
expressed concern of the new attorney not having a "cap" for his
charges.
Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., stated that not
only does the City need to stay within the budget but the City also
needs to review each and every bill for payment. City Attorney bills
need a "cap."
M/Papen stated that the Finance Committee meets either Thursday
afternoon or Friday morning to review the Warrant Register. She also
advised that any citizen can review City bills at that time.
MPT/Werner moved, C/Ansari seconded to approve the Voucher
Register dated June 6, 1995 in the amount of $748,295.02. With the
following Roll Call vote, motion carried:
C/Harmony stated that he would vote in favor of the Warrant Register
and not in favor of the attorney bill for lack of information
JUNE 12, 1995 PAGE 5
AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/
Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.9 (A) GRAND AVENUE STREET REHABILITATION, TRAFFIC SIGNAL
SYNCHRONIZATION AND INTERSECTION MODIFICATION
PROJECT BETWEEN GOLDEN SPRINGS DRIVE AND SAN
BERNARDINO COUNTY LINE - In response to C/Harmony, SE/Liu
reported that rubberized asphalt contains 20% or more of recycled
scrap tire mixed with paving grade asphalt and manufactured into a
thick liquid. From the various projects that staff has observed,
rubberized asphalt is flexible and will resist cracking by wheel loading
pressure, provides some waterproofing and keeps moisture from
penetrating through the surface. There has been distress in the form
of rotting,, pushing and shoving with the rubberized asphalt
documented at 22 locations within the City. Before this type of
asphalt is used, it will be analyzed by an independent lab.
C/Harmony asked if there had been any studies as to dusting
material that can come off due to wear and are there any carcinogen
effects of rubberized asphalt.
SE/Liu stated that research is still being conducted for utilization of
rubberized asphalt. It is unknown if there is any negative impact to
the environment or the general public.
CA/Jenkins advised that he reviewed and commented on the contract.
In regard to the reconstruction project on D.B. Blvd. and the progress
of the wear and tear, MPT/Werner asked if staff could review the
videos taken during construction and any videos thereafter.
In response to MPT/Werners request, CM/Belanger advised that staff
intends to bring a recommendation to Council for creation of a
synopsis video log of all City projects.
C/Harmony felt that the $140,000 contingency, equal to 15%, was too
high.
CM/Belanger advised that on public works projects, it is not unusual
that a contingency amount be established which is a function of the
recommend-ation of the professional staff as to what they believe is
appropriate given the magnitude and overall complexity of the project
and to give flexibility to professional staff in their management of the
project. The amount that is ultimately determined to be the contingent
JUNE 12, 1995 PAGE 6
amount is a matter for Council; however, stafrs recommendation was
the contingency be set at 15% based on experience with previous
projects.
SE/Liu reviewed the three major components of the project: 1)
resurfacing the street; 2) modify two major intersections (Grand/D. B.
Blvd. and Grandl Golden Springs) and 3) synchronize 9 traffic signals
on Grand Ave. In reviewing the project, staff felt that 15% is a
reasonable amount and it is anticipated that this project will be
managed properly and the 15% will suffice.
MPT/Wemer commented that there is no changeorder� dad exceeds the
provision in
the agreement and that the 15°� contingencyrecmended adoption of the
$10,000 limit of the City Manager.
agreement as is with any necessary changes to be approved by
Council.
CIWBelanger advised that the change order process is contained in
the specifications and the Green Book and that the contingent
amount is 25% in the Green Book. By this action, Council reduces
that authority to 15%.
MPT/Wemer asked at what point does the contractor have
authorization to exceed the amount and scope that he has proposed
to contract for.
CMIBelanger advised that the contractor has the ability to exceed that
amount based on the judgment of the design engineer, the
construction inspector and engineering staff related to that firm as
well as City staff. In conjunction with the contractor, these parties
must agree that the extra monies requested are in fact allowable
under the contract.
MPT/Wemer asked if the contingency will cover items that are
unanticipated or will they also cover items that the contractor may
have under bid.
CM/Belanger advised that underbidding a project is the contractor's
responsibility; however, there are circumstances where quantities that
are set forth in the contract require changes and that cannot be the —
contractor's responsibility.
MPT/Werner read from the Incorporated Documents to be
Considered Complimentary, paragraph 2 and questioned the fact that
the Green Book or 15% contingency was not mentioned in this
paragraph and commented that the agreement is non -committal.
JUNE 12, 1995 PAGE 7
CA/Jenkins advised that he had not yet reviewed the specifications
even though the contract had been.
CMBelanger stated that the Interim City Attorney reviewed the Plans
and Specifications and determined them to be sufficient.
MPTIWemer asked if the specifications have language dealing with
contingencies, change orders and a percentage over and above what
has been contracted.
In terms of specific language, SE/Liu advised that it is addressed both
in the Specifications under Technical Provisions and in the Green
Book. Also in the Green Book, there are spec provisions that
discuss the contingency percentage set at 25% maximum allowable.
MPT/Werner stated that, because the contingency percentage is
worded "25% maximum allowance," Council has the discretion of
approving a percentage from 0 to 25% contingency. He asked if the
-- contractor would withdraw his proposal if the Council decided on a
0% contingency and whether that was reasonable.
CM/Belanger advised that the contractor would not withdraw his
proposal; however, a 0 percentage contingent amount is very
unreasonable. He stated that a percentage figure between 0 and
25% is reasonable and there needs to be some flexibility for
professional staff so that every single item is not brought back to
Council for approval.
MPT/Werner moved, C/Harmony seconded to award a contract to
Gentry Brothers, Inc. in an amount not -to -exceed $914,395.30, and
provide a contingency amount of $91,500 (10%) for project change
orders to be approved by the City Manager, for a total authorization
amount of $1,005,895.30. With the Following Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/
Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
(B) CONSTRUCTION ADMINISTRATION/INSPECTION SERVICES
FOR GRAND AVENUE REHABILITATION - C/Harmony expressed
concern that half of the proposals received were less than the one
being proposed and asked what was wrong with the lowest proposal
at $23,000.
JUNE 12, 1995 PAGE 8
ACM/Usher stated that the lowest rated firm had a good proposal;
however, after reviewing 10 firms, Harris & Assoc. had far and away
the best proposal in terms of quality and experience of both project
manager and inspector. The most important services attractive to
staff were claims avoidance and mitigation and the Public information
program. The contractor is within 4 112% of the projected
construction amount and this fee is appropriate.
MPT/Werner reconfirmed that the order in which the contractors are
listed is the order in which the subcommittee rated them. He asked
what the difference was in the top three firms.
ACM/Usher advised that the main difference from the top three firms
and Harris is the much higher level of service and public information
programming that they do as a matter of course than any of the other
contractors.
MPT//Wemer asked that if staff were to_ compare the quality of
inspection services, would the top three contractors be of equal level.
ACM/Usher advised that inspection service is about the same.
SE/Liu stated that in comparing Harris & Assoc. with the other
contractors, it was noted that Harris specializes in construction
management versus the other firms being general civil engineering
firms.
ACM/Usher stated that staffs goal in evaluating these firms was to
pick a firm at they believed would provide the best service and
enable staff ttho reduce the inconveniences of a street reconstruction
project.
MPT/Werner asked when the contract would begin.
SE/Liu advised that the contract will begin as soon as bonds and
insurance papers are received from the contractor and 10 days after
the Mayor signs the contract.
MPT/Werner was not convinced that paying more to include public
relations was justified. He asked that the matter be continued for
more thorough Council review.
With consensus of Council, the matter was continued to June 20,
1995.
(C) RESOLUTION NO. 95-26: A RESOLUTION OF THE CITY OF
JUNE 12, 1995 PAGE 9
DIAMOND BAR, CALIFORNIA ACCEPTING A GRANT OF CERTAIN
REAL PROPERTY HEREIN DESCRIBED FOR PUBLIC PURPOSES
AND THE DEDICATION OF THE RIGHT TO RESTRICT DIRECT
VEHICULAR INGRESS AND EGRESS THERETO FROM ADJACENT
PROPERTY.
NVPapen moved, C/Ansari seconded to adopt Resolution No. 95-26
entitled: A RESOLUTION OF THE CITY OF DIAMOND BAR,
CALIFORNIA ACCEPTING A GRANT OF CERTAIN REAL
PROPERTY HEREIN DESCRIBED FOR PUBLIC PURPOSES AND
THE DEDICATION OF THE RIGHT TO RESTRICT DIRECT
VEHICULAR INGRESS AND EGRESS THERETO FROM ADJACENT
PROPERTY. With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/
Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.11 (A) RESOLUTION NO. 95-27: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH
RESPECT TO THE CITY OF DIAMOND BAR LANDSCAPING
ASSESSMENT DISTRICT NO. 38; AND DECLARING ITS
INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR
CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT
FOR FISCAL YEAR 1995-96; AND FIXING A TIME AND PLACE FOR
A HEARING OF OBJECTIONS THEREON - CM/Belanger reported
that this, resolution would set a public hearing for collecting
assessments for District 38 which covers all the City and maintains
and constructs improvements in the roadway in the form of medians.
He recommended that the current levy of $15.00 per year per parcel
remain the same.
(B) RESOLUTION NO. 95-28: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH
RESPECT TO THE CITY OF DIAMOND BAR LANDSCAPING
ASSESSMENT DISTRICT NO. 39; AND DECLARING ITS
INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR
CERTAIN MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL
YEAR 1995-96; AND FIXING A TIME AND PLACE FOR HEARING
OF OBJECTIONS THEREON - CM/Belanger reported that this
resolution would seta public hearing and collect assessments for the
JUNE 12, 1995
PAGE 10
landscape district along the easterly border of the City, starting at the
homes south of Grand Ave. and continuing north into the Bramalea
tract up past Pantera Park. He recommended raising the levy from
$73.50 to $130 per year per parcel. The district had a levy of $130
during the first two years of the City's incorporation and was changed
in 1991-92. Prior to Incorporation, the levy on this district was $236.
M/papen reported that this district has a negative balance of $11,000
and it is necessary that the levy be raised.
CMBelanger advised that this situation was anticipated in the current
fiscal year and a more appropriate levy was assessed because of
maintenance needed for this district.
(C) RESOLUTION NO. 95-29: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH
RESPECT TO THE CITY OF DIAMOND BAR LANDSCAPING
ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS
INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR
CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT
FOR FISCAL YEAR 1995-96; AND FIXING A TIME AND PLACE FOR
A HEARING OF OBJECTIONS THEREON - CM/Belanger reported
that this resolution which would set a public hearing for collecting a
levy for District 41 which is a landscape area of Pathfinder Rd. from
the 57 freeway past Ronald Reagan Park. He proposed that the
assessment remain at $220.50.
MPT/Werner moved that only items 6.11 (A), (B), and (C) be
continued to July 11, 1995 at 7:00 p.m. Motion failed for lack of
second.
M/papen moved, C/Harrnony seconded to continue item 6.11 (A), (B),
and (C) to July 11, 1995 at 7:00 P.M. with the fees publicly noticed as
recommended by staff. With the following Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/
Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.13 AMENDMENT TO PROFESSIONAL SERVICES RELATED TO
RENEWAL OF THE CITY'S CABLE TELEVISION FRANCHISE - Dr.
Lawrence Rhodes, Fiber Ct., recommended that a citizens committee
JUNE 12, 1995 PAGE 11
be created to review the agreement and services. He had reviewed
the financial reports for Jones Intercable and reported that they have
been losing money for the past two years.
Martha Bruske, 600 So. Great Bend, agreed with Dr. Rhodes'
proposal. She expressed concern on the cable system's follow up on
public interest and suggested that the City look at the public access
channel and nighttime programming.
Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., asked why
$10,000 for attorney fees is necessary.
CM/Belanger stated that the City had a cable television system for 15
years and provision of that service expired on May 23, 1995 with the
Council extending that through the end of 1995 to consider renewal
of the franchise. The community was given a survey regarding
programming, etc. and when the data is compiled, staff will bring the
survey back -for a public hearing. He recommended that the cable
-- firm be audited by Conrad & Assoc. for financial and customer service
complaints which will include companies that hold Jones Intercable
in some financial way. He further recommended that
Communications Support Corporation complete a technical support
audit. Technical and customer service audit expenses will be shared
with the County. He also recommended that the law firm of Richards,
Watson and Gershon perform any legal services needed to review
contracts, etc. Legal services will require at least a fee of $5,000 and
the $10,000 only reflects flexibility.
C/Harmony expressed concern regarding level of services provided
by Jones Intercable and wondered whether the $10,000 limit for
attorney fees would.be adequate. He asked that staff address the
idea of how to compare the technical standards of the industry with
expectations of Jones Intercable and how an RCA satellite system will
compete with cable.
CM/Belanger explained that the process being recommended
provides information that the City is going to need to enter into
negotiations with Jones Intercable. The public needs assessment will
divulge to staff and Council the kinds of needs and desires that the
-- community would like to have. Technical and financial audits would
be performed by companies that are qualified and they understand
what they must do in order to provide the kind of data that is needed
by negotiators in order to proceed with negotiations. The legal audit
would be performed by an attorney firm with experience in legal
services of this kind previously and they would not be negotiating the
contract. The firm will only be required to draft the contract document
JUNE 12, 1995 PAGE 12
that is the result of the negotiation process. The ultimate decision will
be in the hands of the negotiators for getting the best possible service
for the future.
In response to MPT/Werner, CM/Belanger reported that revenue paid
by Jones Intercable last year was approximately $215,000.
MPT/Werner moved, C/Ansari seconded to allocate $16,500 in FY
1994-95 budget for professional services related to renewal of the
City's cable television franchise. Further, authorize the City Manager
to enter into separate professional services agreements with: (1)
Conrad & Associates for financial and customer complaint auditing
services in an amount not -to -exceed $2,800; (2) Communications
Support Corporation for technical inspection services in an amount
not -to -exceed $3,700 and (3) Richards, Watson & Gershon for
special legal services in an amount not -to -exceed $10,000.
In response to C/Harmony, M/Papen advised that the negotiating
team included MPT/Werner and herself. —
CM/Belanger advised that the City Manager's office will provide
negotiation services for technical aspects or concern and consultation
by Communications Support Corporation.
C/Harmony stated that the contract will not be negotiated on a staff
administrative level or in conjunction with the County and will be
negotiated by two Council members.
With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, MPT/Werner, M/
Papen
NOES: COUNCIL MEMBERS - Harmony
ABSENT: COUNCIL MEMBERS - None
7. PUBLIC HEARINGS:
7.1 1995-96 BUDGET - CM/Belanger presented a "pie chart" as Exhibit
1 which described the expected General Fund resources that would
be available during FY 1995-96. He explained the colors on the pie
chart as follows: dark blue category - indicates $695,600
transferred from other funds. A major fund transferred into this
category comes from the Gas Tax Fund that will provide maintenance
services for City streets, curbs, gutters and partially fund activities
that staff has related to those activities; bluishlmauve category -
indicates $2.7 n0lion motor in lieu revenue. This revenue is derived
JUNE 12, 1995 PAGE 13
from registration of vehicles and subvented back to the community on
a per capita basis, $1 million in current service charges including fees
for development services, recreation programming, use of monies in
property and finds and forfeitures; mauve category - $3.9 million
General Fund Expenditures -Public Safety Budget; $3.7 million
reflects the contract with the L.A. Sheriff Department, Community
Volunteer Patrol and other activities, Emergency Preparedness and
Animal Control; red category - $1.2 million Community Services -
which includes the single most largest cost of the recreation contract
with the City of Brea, it also includes maintenance of all City parks;
Community Development which includes planning, building and
safety is projected to be a $690,000 expenditure; Public Works
which includes outside maintenance contracts as well as engineering
is projected to be a $1.3 million expenditure; General Govemment
which includes expenditures that capture cost items that relate to the
management of government generally that are not attributed to any
department but rather the general cost of government; Legislative
which includes City Council, City Manager, City Attorney and City
-- Clerk is projected to be $840,000. CMBelanger commented on the
changes from FY 1994-95 to FY 1995-96 resulting in the repayment
schedule from the County that will not be reflected in the next budget.
Proposed General Fund expenditures are $9.3 million compared to
expenditure amount in FY 199495 of $9.15 million. The budget
proposes 24 full-time staff positions, 17 part-time staff positions,
reclassification of the Senior Engineer to Assistant Public Works
Director and the Associate Planner to Senior Planner, an overall
3.5% increase in salary and the benefit package be increased $50
per month. In reviewing Page VII entitled. Proposed Capital Outlay
Items, he stated that in the past, these items were included in the
budget package; however, there was a tendency for these items to
get lost in the narrative. In review of Pages 80 and 81 entitled
Capital Improvement Program, he explained the improvements
categorized in four major topics; 1) street improvements; 2) traffic
control improvements; 3) parks & recreation improvements and 4)
miscellaneous improvements. He recommended that the Council
consider the budget document and continue it to the next City Council
meeting for final consideration.
In response to M/Papen, CM/Belanger advised that the City Council
requested staff to pursue the possibility of acquiring a building on a
shortterm basis to be utilized as City Hall. The AQMD has
approximately 12,000 sq. ft. available at a cost of $1.50/sq. ft. and an
estimated $1,000 per month for common area maintenance and
security costs which would result in an annual cost of $230,000. All
tenant improvements, replication of public areas, etc. are not
included. In discussion with the City's current landlord, there is
JUNE 12, 1995
PAGE 14
additional space available at 21660 Copley Dr. that would provide
expansion of space which would provide an estimated 9,100 sq. ft. at
$1.551 sq. fL for the first two years and $1.65/sq. ft. for the second two
years which would result in an estimated annual cost of $170,000.
For the next meeting, M/Papen requested staff to include the 4 -year
cost figure for option "C" in regard to office space and asked if the
AQMD were unwilling to lease out less space that would better
accommodate City staff.
CM/Belanger stated that the AQMD was noted that the City does
not need 12,000 sq. ft. and asked if the space could be split up. The
AQMD advised they could not separate the space due to separate
access and security reasons.
M/Papen stated that the City's present office space lease is up this
month.
C/Ansari stated that last year, AQMD would not talk to businesses
regarding subleasing their space. She asked if AQMD and our
present landlord are aware of our bargaining.
CM/Belanger stated that both parties know that the City is considering
more than one option.
C/Ansari asked if an appeal could be made through the office of
Supervisor Antonovich to assist with this negotiation and asked
M/Papen to follow up with this issue.
M/Papen advised that she will be seeing Supervisor Antonovich at the
next MTA meeting and will ask him to help with persuasion or
negotiations. She asked if Council agreed to leasing the AQMD if the
City could get the right amount of sq. ft.
MPT/Wemer recommended that the City sublease the remaining
square footage in the AQMD to other City entities.
M/Papen stated that because she had not seen the suite at the
AQMD building, she was hesitant to support that alternative. She
asked about the costs for tenant improvements.
CWBelanger advised that tenant improvements would include
creating an open office environment for staff that would not be
housed in closed offices.
In regard to the AQMD office space, C/Ansari asked what kind of
JUNE 12, 1995 PAGE 15
space is not usable.
CM/Belanger responded that the AQMD has enough open space to
house all City staff. He also advised that part of staffs
recommendation is the cost factor between the AQMD office space
and the present office space.
M/Papen asked staff to advise the community on how the City plans
to finance or build another recreation center for Pantera Park.
CM/Belanger reported that staff is limited as to where to place the
recreation building on Pantera Park and that, depending on the size
and cost of the recreation center, the City can pay for it out of
reserves, or it can be financed over a period of time through either
short or long term financing mechanisms. The Council can consider
the construction of such a building through contributions from
developerd of certain property, or the building could be financed to
the General Public through a GO Bond.
M/Papen expressed concern that if a plan is not laid out for this park,
then it will never happen. She advised that Pantera Park has been
on the Council's agenda for three years. She also advised that
there is excess Gas Tax money and reserves that could cover the
park's expenses.
M/Papen opened the Public Hearing.
Dr. Lawrence Rhodes, Fiber Ct., expressed concern with the Pomona
Humane Society and requested Council to reconsider using the L.A.
County Animal Shelter and not the use of the Pomona Humane
Society.
C/Ansari asked staff if there were any complaints regarding the
Pomona Humane Society. She also asked if the State monitors the
Humane Society.
CM/Belanger stated that he was not aware of any complaints of how
animals are being treated at the Pomona Humane Society. Staff will
obtain reports of how the animals are being treated and if there are
any complaints.
M/Papen also asked staff to investigate the renting of cages at an
extreme amount from the Humane Society.
Martha Bruske, 600 So. Great Bend, requested Council and staff to
consider the following in the new office space: conference room,
JUNE 12, 1995 PAGE 16
offices for each City Council member, set hours for each City Council
member. She also requested that staff solicit citizens' responses to
the current services for which the City contracts. She also stated that
the Walnut Unified School District owes the City a park.
Don Schad, 1824 Shaded Wood Road, requested that a conservancy
for wildlife be included in the budget.
Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., requested staff
to consider a larger space for the new City Hall office leased space.
She also stated that she had volunteered with the Pomona Humane
Society and she never saw any mistreatment of animals and asked
for a fair investigation.
With no further testimony offered, M/Papen closed the Public
Hearing.
With consensus of Council, M/Papen continued the matter to June
20, 1995.
8. OLD BUSINESS
8.1 APPOINTMENT OF DELEGATES AND/OR ALTERNATES - M/Papen
advised that the appointment would replace Mr. Miller on two of the
interagency groups. C/Harmony serves as the delegate for the
California Joint Powers Insurance Authority (SCJPIA) and the Mayor
is the delegate to the Wildlife Corridor Conservancy Joint Powers and
an alternates are needed for both.
C/Ansari nominated C/Harmony as alternate to the Wildlife Corridor
Conservancy Joint Powers.
M/Papen appointed MPT/Werner as alternate to the Southern
California Joint Powers Insurance Authority (SCJPIA).
With consensus of Council, C/Harmony and MPT/Werner were
appointed as alternates.
9. NEVA BUSINESS:
9.1 CONSIDERATION OF APPOINTMENT TO UNEXPIRED TERM OF
FORMER COUNCIL MEMBER GARY G. MILLER - CM/Belanger
advised that Mr. Miller was elected to the State Assembly on May 16,
1995 and was sworn into office May 18, 1995. As an operation of
law, his seat became vacant when he was sworn in. The 30 -day
period within which a Council can appoint to fill the unexpired term of
JUNE 12, 1995 PAGE 17
a vacating member began on May 18, 1995 and expires on June 17,
1995. If the Council fails to select a replacement to fill the unexpired
term, then the election must be set at a regular general election not
less than 114 days from the 30th day of that appointment period.
M/Papen asked If the tern expires in December since that is the
month new members are installed.
CM/Belanger advised that that date is the result of the County being
unable to canvas the results of the election any sooner than that. He
stated that under the law, the term expires seven days after the
election.
Dr. Rhodes advised that several people in the community would like
to see a fifth person appointed to the Council until the election.
MPT/Wemer moved, M/Papen seconded to appoint a Council
*Member from the defeated candidates from the 1993 election
beginning with the highest vote getter.
C/Harmony provided a substitute motion, C/Ansari seconded to
appoint no one and hold the position open until the November ballot.
MPT/Wemer suggested that each Council provide one name to be
drawn lottery style.
In response to C/Ansari, CM/Belanger advised that the Council has
30 days to appoint someone and if no one is appointed within that 30
days, the seat will remain vacant until the November election.
M/Papen moved to amend C/Harmony's substitute motion,
MPT/Wemer seconded to adopt a Council policy that until the
November election, it would be required that all four Council Members
be present at every meeting. With the follow Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/
Wemer, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
C/Harmony moved to substitute MPT/Wemees motion, C/Ansari
seconded to appoint no one and hold the position open until the
November ballot. With the following Roll Call vote, motion failed:
JUNE 12, 1995 PAGE 18
AYES: COUNCIL MEMBERS - Ansari, Harmony
NOES: COUNCIL MEMBERS - MPT/Werner, M/Papen
ABSENT: COUNCIL MEMBERS - None
MPT/Werner moved, M/Papen seconded to go back to the last
election and take from last election list, starting from the top and
working down until someone socepts the position: With the following
roll Call vote, motion failed:
AYES: COUNCIL MEMBERS - MPT/Werner, M/Papen
NOES: _ COUNCIL MEMBERS - Ansari; Harmony,
ABSENT: COUNCIL MEMBERS - None
MPT/Werner moved that each Council Member provide one name to
be drawn lottery style. Motion failed for lack of a second.
M/Papen asked the City Attorney if it is mandated that if the Council
cannot -agree on a person than the lottery selection process will be
taken.
CA/Jenkins advised that he would have to check that law out.
M/Papen stated that with all motions failing, the seat will remain
vacant until the November election, as a matter of course.
9.2 ORDINANCE NO. 05 (1995) AN ORDINANCE OF THE CITY OF
DIAMOND BAR ENACTING AND ADOPTING THE DIAMOND BAR
CITY CODE, WHICH CODE CONSISTS OF REGULATORY, PENAL
AND CERTAIN. ADMINISTRATIVE REGULATIONS AND
PROVISIONS OF THE CITY AND PROVIDES FOR PENALTIES FOR
VIOLATION AND ADOPTION BY REFERENCE PURSUANT TO
SECTION 50022.1, ET SEQ., OF THE GOVERNMENT CODE, THE
JUNE 12, 1995 PAGE ,,9
i
UP11c0't!A ADM!NISTRATIV� CODE, 1991 EDITION, THE UNIFORM
HOUSING CODE, 1991 EDITION, THE UNIFORM BUILDING CODE,
1991 EDITION, THE UNIcORM BUILDING CODE STANDARDS,
1991 EDITION, TPE LINIPORM MECHANICAL CODE, 1991
EDITION; THE UNIFORM PLUMBING COD=; 1991 EDITION, THE
NATIONAL ELECTRICAL CODE, 1990 EDITION, THE UNIFORM
SWIMMING POOL, ;'PA AND HOT TUB CODE, 1991 EDITION, THE
UNIFORM FIRE CODE, 1988 EDITION, AND CHAPTER 99 OF
TITLE 26 OF THE LOS ANGELES COUNTY BUILDING CODE, 1988
EDITION, AS EACH OF THEA. ARE AMENDED AND IN EFFECT
SAVE AND EXCEP 'SUCH PORTIOPJS THEREOF AS ARE
DELETED, MODIFIED OR AMENDED BY THE PROVISIONS OF
THE DIAMOND BAA, CITY CODE, PRESCRIBING PENALTIES FOR
THE VIOLATIOPI OF THE PROVISIONS THEREOF AND
REPEALING CERTAIN ORDINANCES AS SPECIFIED THEREIN -
CM/Belanger explcined that the ordinance would introduce, by
reference, the City.s Municipal Code and then would set a public
hearing fc� July 18, 1995. H3 stated that the zoning had been left in
its current form and will be reviewod in the futuro when a new zoning
ordinance is completed.
MPT/Wemer moved, C/Anrari seconded to epprove for first reading
by titl3 only, waive full reedin3 of Ordinance No. 05(1995) and set a
Public Hearing for July 18, 1995. With the following Roll Call vote,
motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony,
MPT/Werner, M/Papen
NOES: ! COUNCIL MEMBERS - None
ABSENTS COUNCIL MEMBERS - None
10. ANNOUP'CEMENTS: CM/Belanger announced that on
Saturday, June'17, 1995 the City will hove its first used oil round up at the
Shell Ctation at D.B. Blvd. `nd Palorn°no.
11. ADJOURNMENT: Th9re being no further business to
discuss, t.V?cpen ad;ou:ned'tt;e me Aing ?t 10:25 p.m. to June 20, 1995 at
6:30 p.m. at the AQMD Auditorium, 21865 E. Copley, Diamond Bar,
-- Califomi3 in m^;rory of Police O`flMsr Louis Pcmpe:' Qi-:,, "cra.
{
L !`C:A a!_!pGESS, C=itJ Clerk
JUNE 12, 1995 R" - 20
ATTEST:
Mayer