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HomeMy WebLinkAbout09/05/1995 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 5, 1995 CALL TO ORDER: M/Papen called the meeting to order at 6:40 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 C/Harmony. 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 Jenkins, City Attorney; Bob Rose, Community Services Director, and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS, ETC.: None. 3. PUBLIC COMMENTS: Raul Arrevillaga, President, D.B. Kiwanis Club, requested that an City entrance sign be installed for display of club logos. Oscar Law, 21510 Pathfinder, requested that the Dial -a -Ride program not be eliminated during the City's budget review meeting. He also requested that all staff members sign off on contracts before presenting them to Council. Red Calkins, 240 Eagle Nest Dr., stated that he was very disappointed in the way the August School Board meeting was presented. He asked why campaign signs are already up and displayed throughout the City when the City has a 30 -day Ordinance. Don Gravdahl, 23988 Minnequa, commented on campaign signs displayed on county property 2-1/2 months before the election and stated that the two involved candidates are not abiding by the 30 -day City Ordinance. Bob Huff, 1641 Fire Hollow, stated that current property owners had not given permission for campaign signs to be placed on their properties. He asked Council what they will do regarding possible campaign sign violations. Don Schad, 1824 Shaded Wood Rd., stated that in August he attended the Diamond Ranch High School/Pomona Board meeting regarding dirt removal, geological studies and access regulations. The High School is on schedule for funding and building. M/Papen stated that, per State law, it is required that a secondary access road be provided when there are 1,200 students on campus. However, if class hours are staggered and students are coming and leaving at different SEPTEMBER 5, 1995 PAGE 2 times, a second access road may not be required. Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., expressed concern over the amount of money being spent on attorney fees. She asked the City Attorney when the City can expect a smaller Uil. She announced that she also attended the Pomona Board meeting regarding Diamond Ranch High School and advised that the Pomona School District is totally committed to building this school. Joann Valencia, Windfall Boudoir, 1220 S. D.B. Blvd., thanked the City and Council for their efforts in keeping Grand Ave. open with easy access to stores affected by the street rehabilitation. Frank Dursa asked the Council to discuss item 6.6 regarding how much money had been spent on sewer purposes in "The Country." He opposed the park -n -ride expansion if it will be used by non-residents. In regard to item 6. 10, Dr. Lawrence Rhodes, Fiber Court, commented that the property owners should be responsible for the $5,000 remedial plan review payment, not taxpayers. CM/Belanger advised that the City's welcome sign at the westerly entrance on Golden Springs would be discussed at the September 19, 1995 meeting and that discussion would include sign design, insignia of various service clubs, club meeting dates and times. M/Papen reported that, during a recent Senior Citizen meeting, the Dial -a - Cab program was discussed and it was rumored that the program would be discontinued. She emphasized that the program would not be eliminated; however, the program was also discussed during a recent Finance Committee meeting in which it was stated that the City is over -budget on the program because it has been so well received. The Finance Committee referred the matter to the City Manager for review of a possible budget increase, tighter restrictions, and/or different criteria. In regard to contingency amounts provided for public works contracts, CM/Belanger stated that these funds are allocated in recognition of the reality that, regardless of the amount of preciseness that engineers and other consultants attempt to put into plans and specifications, there are times when unanticipated field conditions are encountered that require changes to the plans and specifications. The Council limits the actual amount for such changes that staff can involve themselves with. MPT/Werner commented that some contingencies appear to be an oversight and/or that proposals are prepared hastily. He asked staff to be more cautious in preparing scope of work and identifying various ownership issues involved. SEPTEMBER 5, 1995 PAGE 3 M/Papen reported that the Cities of Chino and Rosemead took photographs of the Grand Ave. rehabilitation signs and complimented the City on showing support for local merchants. In regard to the Grand Ave. and D.B. Blvd. rehabilitation, CM/Belanger reported that the contractors are a week ahead of schedule and are currently working on modifications at D.B. Blvd. and Grand which includes lengthening Of left-hand returns by 250 ft. Once the median improvements are completed by the end of September 9, the project will move ftuther to the east and begin repair of the Grand Ave. depression and help level the street. After the depression is repaired, the project will move to Golden Springs and Grand, which will include lengthening the left-hand tum pockets in order to allow through traffic to get through easily. Once all of these projects are completed, the entirety of Grand Ave. will be resurfaced from city Limit to city limit. The final area of work will be rephasing all of signals. M/Papen asked that when the signal synchronization is complete, would the speed limit signs indicate how fast people should drive in order not to miss a light. CM/Belanger stated that during non -peak hours, the speed limit will include the synchronized lights. In regard to campaign signs, he reported that from staff s prospective, signs are not looked at in terms of their content but rather, determination of time regulations, size of sign, placement of sign, etc. If signs do not fall within these criteria, the City will remove them. in regard to signs posted on private property, the only restriction is on the size of the sign. M/Papen reiterated that on public property, signs cannot be posted more than 30 days prior to the event and that utility companies prohibit placement of signs on telephone poles or other private utility property. MPT/Werner asked what happens to signs placed on public right-of-ways that are not owned by the City but that the City is empowered to remove. He requested clarification of posting signs on school district property. CM/Belanger explained that the Sign Ordinance governs property under the City's ownership or, if the City does not own the property, it may have a right to it through easement. He further advised that state, school district and county property is governed by those individual agencies. In regard to signs on utility -owned property, he stated that the City will make contact with the utilities to advise them that signs are being placed on their poles. In response to C/Ansari, CA/Jenkins reported that Ordinances have to treat all signs the same and there are restrictions in case law regarding what the City can and cannot do. C/Ansari suggested that a letter be sent to private property owners asking whether or not they would allow signs on their property. SEPTEMBER 5, 1995 PAGE 4 CM/Belanger asked if the Council would want to direct staff to enforce the codes and actively have the Code Enforcement officer pursue removal of such signs. C/Ansari asked if the owners of the signs which were posted early were notified of the provisions of the Sign Ordinance. M/Papen indicated that she received several phone calls from concerned citizens responding to the early posting of signs. She then contacted another candidate to discuss whether or not the he was aware his signs were being posted early. The candidate indicated that the signs were donated and posted by C/Harmony. She stated that she reminded the candidate that since both she and the candidate work for the Council and a Commission, they both have a responsibility to set an example of how to run a clean campaign. In regard to the Diamond Ranch High School Development, she reported that the subcommittee for the high school met with the Board of Directors for the Pomona Unified School District and displayed a letter signed by Patrick Leier to the State Legislature asking support for SB96, a $3 billion bond measure for K-12 and higher education for the March 1996 primary ballot. She displayed the $33.6 million cost estimate (not including the property value) for the school which indicated a breakdown of $11.3 million for site development; $4 million for site improvements; $18.3 million for education buildings; $7 million for gymnasium/performing arts center; $4.6 million for upper level classrooms; $2.5 million for administration/media center; $4.2 million for lower level classrooms. In regard to revenues, the School District has $17.4 million which breaks down to: $10 million from the 1991 voter - approved bond measure not yet been issued; $5.4 million donated by the Industry Redevelopment Agency and accrued interest; $2 million for general obligation bonds from a previous bond measure for site acquisition. She reported on several options that the school district has and asked residents to support them and the bond measure on the 1996 ballot. She then described a second access road that would be needed. MPTMerner explained that the District made it clear that they do not have all of the funding available, yet they made a commitment at the last meeting that establishment of their first classrooms would be no later than 1998 and the first graduating class would be in 2001. The District is also hopeful for State funding through the bond issue in 1996. He emphasized that he totally supported the efforts of the School Board and assured that Mr. Leier understands school finances that are needed to build the school. 4. COUNCIL COMMENTS: C/Harmony reported that he attended the board meeting at the Pomona Unified School District regarding construction of Diamond Ranch High and stated that he was very impressed with the presentation. He fully supported the handling of the money, financing and scheduling of the work. He encouraged the public to talk with their school board member. He was impressed with how the school board is using the natural terrain in development of the site. He commended City staffs efforts SEPTEMBER 5, 1995 PAGE 5 in keeping it fairly easy and convenient to shop in the D. B. stores during the Grand Ave. rehabilitation. In regard to the Dial -A -Ride program, he stated that he would always support the program which is funded from Prop A monies. He emphasized that political signs currently posted were not in violation of any Ordinance. Regarding the Morning Sun landslide, he presented a map indicating the slopes involved, the damaged homes on Morning Sun Dr. and the homes that could be in danger. He requested a special Council meeting to declare a public nuisance in the landslide area. CM/Belanger advised � the Council nthe terms of an unscheduledscussion was going item. the level of what ought CA/Jenkins concurred with CM/Belanger that this item was not on the agenda for discussion and if there needs to be further discussion, it should be placed on a future agenda. C/Hamhony requested that Council schedule an executive session to discuss the "missing" computer materials. He shared a flyer regarding the Mt. Sac "Wellness Center' which includes a gymnasium and weight lifting equipment for residents with a $99 yearly member fee. — C/Ansari announced that the Library increased its hours to 6 days or 50 hours per week; she and Parks & Recreation staff have worked on a "Concerts in the Park" program for D.B.'s teenagers for the end of September; the City's General Plan is now available on "City -on -Line;" the City participated in sending five local teachers to the "Self Government Conference in Sacramento. She then read a thank you note from Gary Amay, 7th Grade Social Studies teacher at Chaparral Middle School thanking the City for the opportunity. Further, on Thursday, September 7, D.B. High School will host their annual Branding Iron Chuck Wagon Round Up from 5:30 - 8:30 p.m., $4.00 adult; $2.00 children; $2.00 seniors. The names of 12 persons who were selected in a drawing through the City's Curbside Used Motor Oil Collection Program were also announced. MPT/Werner thanked staff for the successful "Concerts in the Park" season and announced that the City was recognized nationally for its anti -graffiti marketing design effort. In regard to C/Harmony's request for a special meeting to discuss the landslide, he stated that, in his opinion, a special meeting should be delayed until more accurate information is given and the City knows exactly what the school district will be contributing. M/Papen announced that all residents have the opportunity to participate in _ the 6th Citizen's Academy at the Walnut Sheriffs Station starting September 20, 1995 (for 13 consecutive Wednesday nights), 6:30 - 9:00 P.M. In response to a negative article posted about the City in the L.A. Times, she pointed out a number of positive efforts the City has made since incorporation. SEPTEMBER 5, 1995 PAGE 6 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - September 11, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - September 14, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - September 19, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: MPT/Werner moved, M/Papen seconded to approve the Consent Calendar with the exception of Item 6.9. 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 C/Ansari and C/Harmony voted against approval of the Richards, Watson & Gershon attorney bill; therefore, the bill will be removed from the Voucher Register. 6.1 APPROVAL OF MINUTES - Regular Meeting of August 15, 1995 - Approved as submitted. 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of June 12, 1995 - Received and filed. 6.2.2 Regular Meeting of June 26, 1995 -Received and filed. 6.2.3 Regular Meeting of July 24, 1995 -Received and filed. 6.3 VOUCHER REGISTER - Approved Voucher Register dated September 5, 1995 in the amount of $968,199.07, excluding the Richards, Watson & Gershon attorney bill. MPT/Werner expressed concern that the last two months' attorney's invoices have been withheld for further questioning and they still have not been resolved. He asked staff if these bills have been looked at and worked on. CM/Belanger advised that the two attorney bills have not been on the agenda; however, they were distributed to each of the Council Members in August. C/Ansari stated that she received the attorneys' July bill today for her review. and that she had difficulty in approving a warrant register if she did not have the bill. SEPTEMBER 5, 1995 PAGE 7 M/Papen remarked that she thought C/Ansari had reported at the last Council meeting that she had reviewed the bill with the attorney and had agreed on a reduced amount. C/Ansari clarified that she discussed the March, April, and May billing with the attorney; however, she had not discussed the June bill with the attorney. C/Harmony stated that he had several questions for the attorney in which the attorney had not been available to answer. Further, he stated that he had experienced the dilemma of bills not beingpro ided to him until the night of the Council meeting. RECESS: M/Papen recessed the meeting at 9:15 p.m. RECONVENE: M/Papen reconvened the meeting at 9:35 p.m. C/Ansari moved, MPT/Werner seconded to approve Richards, Watson Gershon's May billing in the amount of $11,249.93 on the Voucher Register. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 6.4 APPROVED NOTICES OF COMPLETION: 6.4.1 TRAFFIC SIGNAL INSTALLATIONS ON GOLDEN SPRINGS DRIVE AT GOLDEN PRADOS DRIVE, PROSPECTORS ROAD AND CARPIO DRIVE - Total amount of $217,910. Accepted work performed by Macadee Electrical Construction and authorized the City Clerk to file the Notice of Completion and release any retention amounts. In response to C/Ansari, CM/Belanger confirmed that this project did not have to go into the contingency fee. 6.4.2 CONSTRUCTION OF HANDICAP ACCESS RAMPS - Total amount of $55,200. Accepted work performed by Keiter Construction Co. and authorized the City Clerk to file the Notice of Completion and release any retention amounts after 35 days of filing. SEPTEMBER 5, 1995 PAGE 8 6.5 APPROVED RELEASE OF BONDS: 6.5.1 GRADING SURETY BOND POSTED FOR 22100 RIMFIRE LANE IN THE "COUNTRY" IN DIAMOND BAR - Released Bond No. P2500422 in the amount of $7,920 for Tract No. 30578. 6.5.2 GRADING SURETY BOND POSTED FOR 300-366 TORITO LANE IN TRACT 50519 - Released Bond No. #SM79973900 in the amount of $62,280. 6.6 (A) ADOPTED RESOLUTION NO. 95-51: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER PURPOSES ON LOT 41 OF TRACT NO. 47851 IN THE CITY OF DIAMOND BAR. (B) ADOPTED RESOLUTION NO. 95-52: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA VACATING A SANITARY SEWER EASEMENT ON LOT 21 AND LOT 40 OF TRACT NO. 47851 IN THE CITY OF DIAMOND BAR. 6.7 ADOPTED RESOLUTION NO. 90-45K: A RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCE AND OTHER REGULATIONS - C/Ansari commented that she had no problem with David Liu being appointed to Deputy Public Works Director and Rob Searcy being appointed to Senior Planner. She expressed concern with the personnel rules and regulations in that they need to be readdressed by the Council to ensure that City employees are fully protected. 6.8 APPROVED STRIPING PLAN FOR NORTH SIDE OF PATHFINDER ROAD BRIDGE BETWEEN THE S.R. 57 ON/OFF RAMPS. 6.10 INCREASED THE AUTHORIZED AMOUNT FOR LEIGHTON & ASSOCIATES, INC., FOR GEOTECHNICAL REVIEW (WESTERLY PORTION OF DIAMOND BAR AT MORNING SUN) - CM/Belanger reported that there is an amount of money previously billed and an amount of money billed in the aggregate of approximately $15,000 which also suggests that an additional $5,000 be allocated to do _.. remedial plan review. Staff reported that the staff will assess the property owners a fee to recover the costs of these reports. Staff recently transmitted a letter to the school district indicating that there were costs related to the building of a storm drain across City property in which the City would charge back to the school district. SEPTEMBER 5, 1995 PAGE 9 M/Papen asked if and when there will be an adequate report during which the Council can discuss a response to the fee. ACE/Myers reported that he had discussed completion of the plans with the school board consultants along with a submittal time for City review. M/Papen asked ACE/Meyer if this matter should be scheduled in two weeks or 30 days for further discussion. ACE/Myers advised that two weeks should be adequate time for the school district to respond. With consensus of Council, M/Papen directed staff to schedule further discussion on this matter when sufficient information is received. 6.11 ADOPTED RESOLUTION NO. 95-53: A ESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS TSPECIFICATIONS FOR DIRECTING SLURRY LY SAID CITY AND AUTHORIZING AND THECIlCLERK TO ADVERTISE TO RECEIVE BIDS. 6.12 ADOPTED RESOLUTION NO. 95-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ACCEPTING THE DEDICATION OF SANITARY SEWER IMPROVEMENTS KNOWN AS PRIVATE CONTRACT NO. BD -94- 001 IN TRACT 50519, FOR PUBLIC USE AND REQUESTING THE LOS ANGELES COUNTY SEWER MAINTENANCE DISTRICT TO COMPLETE ANNEXATION OF THE AREA WITHIN SAID SUBDIVISION AND IMMEDIATELY COMMENCE OPERATION AND MAINTENANCE OF SEWER IMPROVEMENTS KNOWN AS PRIVATE CONTRACT NO. DB -94-001 IN THE CITY OF DIAMOND BAR - CM/Belanger reported that this was for acceptance of sanitary sewer easements on three panels—lots 41, 40 and 21 in Tract 47850. M/Papen clarified that this resolution would include the City accepting a trade-off of a portion of two lots for a sewer assessment in the new tract that Diamond Bar Associates (JCC) is building and, at the same time, vacating two other sections of lots. MATTERS WITHDRAWN FROM THE CONSENT CALENDAR 6.9 APPROVED EXPANSION OF PARK N -RIDE LOT AT 100 N. DIAMOND BAR BOULEVARD - CM/Belanger advised that a license plate survey was conducted and it was determined that there were cars from 50 different cities on this particular park -n -ride lot. There were 37 cars from D.B. on the lot, which was the single largest number of cars from a jurisdiction; Pomona was second, Chino Hills SEPTEMBER 5, 1995 PAGE 10 third; Chino fourth and Phillips Ranch fifth. MPT/Werner stated that, at the last meeting, he expressed concern that the Council would have the authority to approve actual development plans. The proposed agreement was amended to authorize and empower the City to approve the development plans. Further, parking improvements should be consistent with parking standards in the City's ordinance that would apply to any commercial development. He also expressed concern with preserving all of the mature vegetation and reservation of an easement for a sign or bulletin board. These two issues were also incorporated into the agreement. C/Harmony asked who the lot is really for and how many lots were in surrounding cities. Terry Blank, Transportation Planner, CalTrans, reported that Cal Trans has approximately 70 park -n -rides in the L.A. and Ventura County areas; and 30 park -n -rides in the Riverside, San Bernardino and Orange County areas. There are park -n -rides in Pomona, San Dimas, Brea, along Route 60 and two lots in the City of D.B. C/Harmony asked how the Pomona park -n -rides lots are constructed. Mr. Blank advised that Pomona has a very large lot at the Fairplex with 700 parking spaces; on Garey Ave. on Rte. 10 and a private commercial lot at Indian Hills Market Place in East Pomona. A license study was completed two weeks ago to determine residency of park -n -ride users. 15% of the park -n -ride users are D. B. residents, the highest percentage of 50 city users. He presented the expansion plan which includes existing trees along with planting new ones. MPT/Werner stated that he would like to see more landscaping provided in any dead space. Mr. Blank advised that existing significant trees would not be removed or replaced and CalTrans will take another look for additional landscaping. Further, the design is a preliminary plan and the City will have the final approval. M/Papen moved, C/Ansari seconded to authorize expansion of the park -n -ride lot at 100 N. Diamond Bar Blvd. - With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None SEPTEMBER 5, 1995 PAGE 11 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 APPOINTMENT OF TRAFFIC & TRANSPORTATION COMMISSIONER - MPT/Werner appointed Arun Virginkar as the new commissioner for the Traffic & Transportation Commission to complete the unexpired term of Todd Chavers. 9. NEW BUSINESS: 9.1 RENEWAL OF CONTRACT WITH COMMUNITY DISPOSAL TO PROVIDE STREET SWEEPING SERVICES IN THE CITY OF DIAMOND BAR - CM/Belanger reported that on October 1, 1990, the City entered into a five-year agreement with Community Disposal for street sweeping services. Staff members recently met with representatives from Community Disposal to discuss the possibility of extending the contract and it was agreed to reduce the per mileage rate from $12.99/per mile to $12.75/per mile. Staff surveyed other cities who contract for street sweeping services indicated that the average rate is $13.20/per mile. MPT/Werner inquired as to what the street sweeping schedule will be throughout the City and if all of streets within City limits are swept regularly. Richard Nino, Assistant General Manager, Community Disposal, advised that the street sweeping schedule will be on a bi-weekly schedule for all designated streets, alleys and medians. All streets within City limits are swept, however, during construction, there may be special accommodations arranged for that sweeping. C/Ansari requested that signs be posted on the streets notifying the residents when streets will be swept. M/Papen also directed staff to post signs with the street sweeping schedule and to coordinate sweeping days with trash pick up days. She advised that the contractor is willing to coordinate these days and times. CWJBelanger reported that the issue of posting street sweeping signs will nee! ;o be referred to the Traffic & Transportation Commission for their input and staff should be directed to contact the trash companies to ascertain where and when they are picking up trash. MPT/Werner asked if it would be advisable to have the contractor or a staff member follow along the street sweeper in order to follow up on streets where cars are parked. SEPTEMBER 5, 1995 PAGE 12 CM/Belanger advised that staff will be doing a ride along and a video will be made to show the Traffic & Transportation Commission the problem streets. Nancy Villalobos complemented Community Disposal on their services and quick clean up of her street. Frank Dursa also complemented Community Disposal for their great services but he is unhappy that the City reduced sweeping from weekly to bi-weekly. C/Ansari moved, C/Harmony seconded to renew the contract with Community Disposal to provide street sweeping services and direct staff to refer the matter of posting street sweeping signs to the Traffic & Transportation Commission. 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 10. ANNOUNCEMENTS: C/Ansari announced that Pomona Unified School District Board meetings are held on the same nights as City Council Meetings and she asked to have a citizen appointed to represent the City at the school board meetings. M/Papen referred this matter to the September 19, 1995 Council meeting for further discussion. 11. CLOSED SESSION: None 12. ADJOURNMENT: There being no further business to discuss, M/Papen adjourned the meeting at 9:52 p.m. LYNDA BURGESS, City Clerk ATTEST: Ir Mayor