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Home My WebLink About10/20/1995 Minutes - Special MeetingMINUTES OF THE CITY COUNCIL SPECIAL MEETING OF THE CITY OF DIAMOND BAR OCTOBER 20, 1995 1. CALL TO ORDER: The meeting was called to order at 9:35 a.m. in the City Hall Conference Room, 21660 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by MPT/Werner. ROLL CALL: Council Members Ansari and Harmony, Mayor Pro Tem Werner. Mayor Papen arrived at 9:39 a.m. Also present were Frank M. Usher, Assistant City Manager; James DeStefano, Community Development Director and Lynda Burgess, City Clerk. 3. CONSENT CALENDAR: C/Ansari moved, C/Harmony seconded to approve the Consent Calendar with the exception of Item 3.8. Mayor Papen announced that she was late was due to the fact that she had been on the phone with Mayor Riordan's (City of Los Angeles) staff trying to stop them from raising the City's Highway funds. With the following Roll Call vote, motion carried: i AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Harmony voted against approval of the Richards, Watson & Gershon attorney bill and M/Papen abstained on Consent Items 3.7 and 3.14. 3.1 APPROVAL OF MINUTES: 3.1.1 Regular Meeting of September 5, 1995 - Approved as submitted. 3.1.2 Regular Meeting of September 19, 1995 - Approved as submitted. 3.1.3 Regular Meeting of October 2, 1995 - Approved as submitted. 3.2 PLANNING COMMISSION MINUTES - Regular Meeting of August 14, 1995 - Received and filed. 3.3 PARKS & RECREATION COMMISSION MINUTES - Regular meeting _. of July 27, 1995. - Received and filed. i 3.4 VOUCHER REGISTER - Approved Voucher Register dated October 17, 1995 in the amount of $463,531.54. 3.5 TREASURER'S REPORT - Approved Treasurer's Report for July and OCTOBER 20, 1995 PAGE 2 August, 1995. 3.6 CLAIMS FOR DAMAGES: 3.6.1 Filed by Bhavin Sodha on September 11, 1995 - Rejected request and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 3.6.2 Filed by Linda Pizanti on September 26, 1995 - Rejected request and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 3.7 RELEASED SURETY BOND NO. 001-2300-1001 POSTED FOR SETTING SURVEY MONUMENTS FOR TRACT NO. 47851 AT OAK KNOLL DRIVE, BENTLEY WAY AND WOODBRIDGE COURT IN THE COUNTRY - Declared the obligations under this bond null and void and released the cash bond posted in the amount of $41,750. 3.9 Awarded the 1995-96 Slurry Seal Improvement Program - Area Six, to Roy Allen Slurry Seal, Inc. in an amount not to exceed $125,109.50 with a contingency of $12,000. 3.10 Awarded Construction of Golden Springs Drive Bicycle Lane Improvement Project - Phase I, to Traffic Operations, Inc. in an amount not to exceed $11,692 with a contingency of $2,000 for project change orders; authorized the City Manager to approve change orders in amounts not to exceed the contingency and authorized the Mayor to execute the agreement. 3.11 Awarded Left -turn Signal Construction on Northbound Diamond Bar Boulevard and Pathfinder Road to L &. R Electric Service Company, Inc. in an amount not -to -exceed $14,920 with a contingency of $1,500. 3.12 Approved a Budget Adjustment for Maple Hill Park A.D.A. Retrofit Project in the amount of $9,460 from the C.D.B.G. Reserve fund and increased the contingency amount for the Maple Hill Park ADA Retrofit project from $6,000 to $15,460. 3.14 APPROVED JOINT AGREEMENT WITH CITY OF WALNUT FOR THE PURPOSE OF RETAINING ULTRASYSTEMS ENVIRONMENTAL INCORPORATED - Authorized the City Manager to enter into a joint agreement with the City of Walnut in an amount not -to -exceed $20,000 to retain Ultrasystems Environmental, Inc. for environmental assessment and reporting services related to the proposed Material Recovery Facility in the City of Industry. Further approved and authorized the City Manager to expend an additional $10,000 for individual technical studies (e.g., noise, air, traffic) as warranted. OCTOBER 20, 1995 PAGE 3 MATTERS WITHDRAWN FROM THE CONSENT CALENDAR: 3.8 FINAL APPROVAL OF CONDITIONALLY APPROVED VESTING TENTATIVE TRACT NO. 48487 AND ACCEPTANCE OF OFF-SITE EASEMENTS - MPT/Werner and M/Papen excused themselves from participating in the discussion. M/Papen explained that she had received campaign contributions from the developer and wished to be excused from this matter in addition to abstaining on Items 3.7 and 3.14. RECESS: For the purpose of obtaining information from the City Attorney, M/Papen recessed the meeting at 9:40 a.m. RECONVENE: M/Papen reconvened the meeting at 9:55 a.m. Via a conference call, ACA/Estrada advised that, based on discussions with both MPT/Werner and M/Papen, neither had a conflict of interest and may participate in the decision on this matter; however, they have the right to abstain on voting. Further, if a quorum remained in the room (3 or more of the Council), the matter may be acted upon even if one or more abstains, so the matter could be approved by a 2-0-1 vote or a 2-0-2 vote. If, however, 2 Council Members leave the room, then there is no quorum present and, therefore, no further business may be transacted. The question of a straw vote only applies if Council Members have an actual conflict, then the rule of necessity applies and someone must be chosen to participate. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAINED: COUNCIL MEMBERS - MPT/Werner, M/Papen 3. ADJOURNMENT: With no further business to conduct, M/Papen adjourned the meeting at 9:58 a.m. L NDA BURGESS, City Clerk ATTEST: