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HomeMy WebLinkAbout11/7/1995 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 7, 1995 CALL TO ORDER: M/Papen called the meeting to order at 6:34 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 the Members of Veteran of Foreign Wars. 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; George Wentz, City Engineer; Jim DeStefano, Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS, ETC.: 2.1 Presented Commendation to Retired Los Angeles Police Department _ Detective III Robert E. Peters. 2.2 Asst. CM/Butzlaff demonstrated the City's Home Page on the World Wide Web portion of the Internet. 3. PUBLIC COMMENTS: Dr. Lawrence Rhodes, Fiber Ct., asked the Council and City Attorney to investigate how Proposition 62, eliminating collection of taxes such as Transient Occupancy Tax, will affect the citizens of D.B., Water District and the School District. Mike Goldenberg, 1859 Morning Canyon, Parks & Recreation Commissioner, displayed photographs of the completed park entrance signs. He asked the Council to consider a design change for the City's entrance signs. Don Gravdahl, 23988 Minnequa, asked that everyone send get well wishes to long-time resident Red Calkins. He presented a Rate Increase Chart provided by Three Valleys Water District indicating parcel rate increase for the next three years. He suggested that each resident write "NO" on their water bills to indicate that they are against the rate increase. In regard to the MRF proposal, he commented that, in studying wind direction, it appears as though MRF pollution will be blown directly into the City. With respect to Mr. Gravdahl's comments, C/Ansari also expressed concerns over the Three Valleys Water District rate increase. Hearings by the Three Valleys Water District have been scheduled for December 2, 1995 at 7:30 p.m. at the San Dimas Community Center and on December 14, 1995 at 7:30 p.m., at the AQMD, D.B. PAGE 2 NOVEMBER 7, 1995 MPT/Werner asked staff to bring this issue back at the next Council meeting for further discussion prior to the Water District's hearings. M/Papen also asked staff to address the following issues: 1) is the $12.61 and $4.41 increase a "per parcel" charge or based on the amount of water used; 2) why are the 27 agencies each charging a different fee. Roger Myer, 2634 Crooked Creek Dr., asked the Council to allocate more funds for additional Sheriff patrols due to an incident that occurred at the Country Hills Towne Center. Ron Davis, 20718 Earlgate, asked why taxes are going up and overriding the mandate of the voters. CM/Belanger advised that the only City assessment is for District No. 38 for landscape and lighting. Other assessments remaining on homeowners' property tax bills are from other taxing agencies/governmental agencies. In regard to Proposition 62 affecting taxes within the State of California, the Supreme Court set aside a case that cities have been relying upon since the mid to late 1980's to make certain changes in certain taxes. The Proposition relates to taxes upon D.B. residents for utility user taxes, business license taxes and transient occupant taxes. In regard to assessment districts, he --- explained that assessment districts are not part of the decision related to Proposition 62 and are governed by another statutory scheme. Martha Bruske, 600 S. Great Bend, asked the citizens and future Council Members to respect and listen to each other. She suggested several changes to facilitate governing smooth Council meetings. All Perez, 703 Pantera, expressed concern regarding how the last MRF meeting was conducted. In regard to Mr. Myer's comments, he is in favor of more police patrol throughout the city. Don Schad, 1824 Shaded Wood Rd., thanked his campaign supporters. Nick Anis clarified that he is not a part of the D.B. Caucus and suggested that a Council candidate code of conduct be developed for the next election. Terry Birrell shared an official document signed by the City Clerk referring to Mr. Anis. 4. COUNCIL COMMENTS: C/Ansari advised that she attended the November 2, 1995 "scoping" meeting regarding the City of Industry's MRF. Since there were no Industry city official present, it appeared as though the meeting was informal even though Industry's consultant was present. A final meeting will be held on November 19, 1995 and she requested that D.B. citizens write to the City of Industry expressing their concerns with the MRF. Further, she announced that the State will be taking testimony for revision of the State PAGE 3 NOVEMBER 7, 1995 Constitution on November 30, 1995, 9:00 a.m. - 4:30 p.m., at the Golden Shore Auditorium in Long Beach and on December 5, 1995, in Pasadena, 7:00 - 9:00 p.m. She felt that a consultant should be hired to help the Council work better as a team. MPT/Werner advised that per the City's accountants, correspondence was received indicating that the City's procurement/purchasing policies showed appropriate accounting practices. He asked that the meeting be adjourned in memory of Yitshak Rabin. In regard to traffic and freeway improvements, M/Papen asked citizens to write letters of support to the CTC for funding this project and recommended that a lobbyist be hired for this project. MPT/Werner suggested that a Resolution be placed on the next Council agenda for further discussion and placement of a lobbyist. 5. SCHEDULE OF FUTURE EVENTS: 5.1 TRAFFIC & TRANSPORTATION COMMISSION - November 9, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 MATERIALS RECOVERY TECHNICAL ADVISORY COMMITTEE - November 9, 1995 - 6:30 p.m., AQMD CC -6, 21865 E. Copley Dr. 5.3 VETERANS HOLIDAY - November 10, 1995 - City Offices closed. 5.4 PLANNING COMMISSION - November 13, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 PARK & RECREATION COMMISSION - November 16, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.6 CITY COUNCIL - November 21, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Ansari moved, MPT/Harmony seconded to approve the Consent Calendar, with the exception of Item 6.4. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: C/Ansari asked that the Minutes for October 17, 1995 be amended to include comments made by Frank Dursa during Public Comments. 6.1.1 Regular Meeting of October 17, 1995 -Approved as corrected. 6.1.2 Special Meeting of October 20, 1995 - Approved as submitted. 6.2 PLANNING COMMISSION MINUTES: PAGE 4 NOVEMBER 7, 1995 6.2.1 Regular Meeting of September 11, 1995 - Received & filed. 6.2.2 Regular Meeting of October 9, 1995 - Received & filed. 6.3 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of September 28, 1995 - Received & filed. 6.5 TREASURER'S REPORT - Received & filed Treasurer's Report for September 1995. 6.6 CLAIMS FOR DAMAGES: 6.6.1 Filed by Yong Ok Chon on October 24, 1995 - Rejected request and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 6.6.2 Filed by Rahmat and Gail Esfahaniha on October 24, 1995 - Rejected request and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 6.6.3 Filed by Nelson and Nellie Reyes on October 24, 1995 - Rejected and referred matter for further action to Carl Warren & Co., the City's Risk Manager. -- 6.6.4 Filed by Young Hoon and Yong Hwa Kim on October 24, 1995 - Rejected and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 6.6.5 Filed by Tiffany Flamenbaum on October 24, 1995 -Rejected and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 6.7 RELEASED GRADING CASH BOND POSTED NO. 0800-2300-1001 FOR 23904 FALCONS VIEW DRIVE IN "THE COUNTRY" - in the amount of $3,780 and directed the City Clerk to notify the Principal. 6.8 ADOPTED RESOLUTION NO. 95-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR PHASE II A.D.A. MODIFICATIONS AT MAPLE HILL PARK IN THE CITY OF DIAMOND BAR AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.9 ADOPTED RESOLUTION NO. 95-57: A RESOLUTION OF THE _ CITY COUNCIL OF THE CITY OF DIAMOND BAR GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1. PAGE 5 NOVEMBER 7, 1995 6.10 ADOPTED RESOLUTION NO. 95-58: A RESOLUTION OF THE CITY COUNCIL TOF THE CITY OF HE INTERSECTING LEGS LEGS ENA DRIVE OND BAR INSTALLING STOP SIGNSGNS A AND PLATINA AT PALOMINO DRIVE. 6.11 ADOPTED RESOLUTION NO. 95-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE 1996/97 USED OIL RECYCLING BLOCK GRANT PROGRAMNAND (FOURTH MAINTA NING OR THE LOCAL PURPOSE USEDOF OIL ESTABLISHING COLLECTION PROGRAMS. 6.12 ADOPTED RESOLUTION NO. 95-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT AND FILE WITH THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES ALL NECESSARYTS PERTAINING TO STATE DISASTER ASSISTANTHER CE. MATTERS WITHDRAWN FROM THE CONSENT CALENDAR 6.4 VOUCHER REGISTER - dated November 7, 1995 in the amount of $1,031,392.79. MPT/Werner questioned a per diem advance in the amount of $129.50 made to C/Harmony. CM/Belanger advised that the per diem advance made to C/Harmony was made in conjunction with the League of California Cities conference. He advised that receipts had not yet been submitted for payment. MPT/Werner moved, C/Harmony seconded to approve the Voucher Register dated November 7, 1995 in the amount of $1,031,392.79 without the check to C/Harmony in the amount of $129.50. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - MPT ri, rmoWPapen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 UPDATE -ON ACTIVITIES RELATED TO LANDSLIDE LOCATED AT PAGE 6 NOVEMBER 7, 1995 THE WESTERLY BOUNDARY OF THE CITY OF DIAMOND BAR AT MORNING SUN AND SHEPHARD HILLS - CM/Belanger reported that four claims had been filed against the City relating to the landslide. He reviewed questions submitted by Beth Hodges and the Morning Sun property owners and stated that Civil Engineers and Geotechnical Consultants monitoring fixed reference points since the landslide have indicated that the upper level is still moving at a rate of 3" per week. The City has requested the Walnut Valley Unified School District to provide copies of the geotechnical landslide reports. To date, the requested remediation plans from WVUSD have not been received; however, the District advised that they have directed their Civil Engineers to prepare remediation plans. He discussed emergency funds and remediation funds that will be allocated to this disaster. He stated that the area involved in the landslide does need to be remediated and the property owners have been requested to provide a remediation plan to the City for review. Erosion control plans were submitted to the City by WVUSD and L.A. County Public Works has approved the plans as they pertain to County property and structures. WVUSD has completed installation of erosion control structures but Sasak has not yet installed it's erosion control plans beyond those already in existence on the property. Sasak has been notified by letter that they must provide plans for approval in order to put erosion control structures in place. WVUSD will make permanent repairs to the water lines and fire hydrants after they are satisfied that the landslide area has been remediated. Regarding fire protection, WVUSD has moved the water lines above ground temporarily. The Resolution approving the Sasak tentative tract map had not yet been signed because certain conditions precedent had not been completed as yet. CE/Wentz reviewed the erosion control plan and indicated that any water runoff during the rainy season could be adequately handled on- site and carried to existing drainage facilities. The developer of the Sasak property had been given three options to expedite the erosion control plan: 1) build to the plan approved by the school district; 2) hire his own contractor; 3) or provide the City with an alternate plan which would include sandbags currently on site. In regard to Sasak's remediation plan, it is currently being reviewed by staff to make sure that there are no other outstanding issues. C/Harmony asked if any other parties are being named in this suit and what are the specific causes of the suit. CM/Belanger advised that the specific causes named on the suit include real and personal property damage, devaluation of home, failure to maintain property in a reasonably safe condition resulting in the failure of the hillside and that a dangerous condition existed on public property. He advised that the only other party that has received PAGE 7 NOVEMBER 7, 1995 a property damage claim is Walnut Valley Unified School District. C/Harmony asked at what point the would City decide that Sasak is a public nuisance and that he has not complied with engineering plans. CM/Belanger advised that Sasak Development Co. had been advised that an erosion control plans must be provided within 10 days from last week. If that does not occur, staff will take additional measures to ensure that an erosion control plan is done on that site. In response to C/Harmony regarding how much water the desalting basins hold and how they are constructed, CE/Wentz indicated that it is unknown how much water can be held in the basins. Regarding water flow and saturation of the land, he reported that the land will get some saturation; however, most of the water will be from rain and the balance should go into the desalting basins to keep as much of it from saturating the fill area and flowing off to the north. C/Harmony stated that because Sasak missed several important deadlines and has not complied with several requests by the City, he suggested that when Sasak wants their tentative tract map to be approved they should have to come before the Council for a full review rather than just the Mayor signing off on the Resolution. CM/Belanger advised that the goal for Sasak is to have them remediate the immediate situation and focus their efforts into creating a remediation plan first --then deal with the Resolution. C/Harmony stated that this project does not stand approved because it did not meet the initial conditions of approval. MPT/Werner asked if a permit had been issued for erosion control plan construction. CE/Wentz replied that no permit had been issued; however, it has been authorized and reviewed by the Engineering Department. MPT/Werner expressed concern regarding who is taking responsibility for what is being designed and work completed to the extent that if there is a failure. CE/Wentz advised that these plans were designed for a 50 -year erosion design plan. In regard to a liability issue, he stated that the licensed civil engineer prepared the plans through NBS Lowry. CA/Jenkins concurred with CE/Wentz's response. PAGE 8 NOVEMBER 7, 1995 In response to C/Harmony regarding when a public agency declares a public nuisance, CA/Jenkins advised of the procedures in which City staff could declare a public nuisance by their professional opinion. M/Papen indicated that this report has been received and filed. 9. NEW BUSINESS: 9.1 DESIGN SERVICES FOR PUBLIC STREET IMPROVEMENTS ON BREA CANYON ROAD, DIAMOND BAR BOULEVARD, PATHFINDER ROAD AND SUNSET CROSSING ROAD - Deputy Public Works Director/Liu reported that a four -tier process was completed in order to select the appropriate engineering firm for this project. C/Harmony asked if a cul-de-sac design could also be accomplished during this project. CE/Wentz advised that Sunset Crossing cul-de-sac project will be completed in-house and it will be before the Council in December. Nancy Villalobos asked for clarification of what area of Sunset Crossing this project will repair. CM/Belanger advised that patching and repair improvements are unsure at this time; however, the work will be completed from D.B. Blvd. to Golden Springs. The project is anticipated to begin in the spring of '96. C/Ansari moved, MPT/Werner seconded to approve a professional services agreement with (1) Dewan, Lundin & Assoc. in an amount not to exceed $74,860 with a contingency amount of $3,500 and (2) Norris-Repke, Inc., in an amount not to exceed $42,300 with a contingency amount of $2,000. 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: None 11. CLOSED SESSION: M/Papen adjourned the meeting to Closed Session at 8:50 p.m. a. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION PAGE 9 NOVEMBER 7, 1995 (Subdivision (a) of Section 54956.9) Name of Case: City of Diamond Bar vs. L.A. Nam, Inc. b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: 1320 Valley Vista, Diamond Bar Negotiating Parties: Mr. Simon Chu City of Diamond Bar Under Negotiation: Price M/Papen reconvened the meeting from Closed Session at 9:20 p.m. and the City Attorney announced that no reportable action had been taken. 12. ADJOURNMENT: M/Papen adjourned the meeting at 9:25 p.m. in memory of Yitshak Rabin. LYNDA BURGESS, ity Clerk ATTEST: Mayor