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HomeMy WebLinkAbout12/05/1995 Minutes - Regular Meeting2. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 5, 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 Eagle Scouts Kevin Countryman, Keith Honea, Steve Navidad and Rick Kempa of Troop 730 and Sam Tibbets with Troop 330. INVOCATION: Church of D.B. Pastor Mark Hopper, First Evangelical Free 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; Bob Rose, Community Services Director; Jim DeStefano, Community Development Director and Lynda Burgess, City Clerk. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS, ETC.: 2.1 Presented Certificate of Recognition to Kevin Countryman, Eagle Scout, Troop 730. 2.2 Presented Certificate of Recognition to FCI Soccer and the D.B. Chamber of Commerce for donations to the Peterson Park Picnic Shelter. 2.3 Presented a City Tile to Steve Lantz, Metropolitan Transportation Authority. 2.4 Received Silver Circle Award from 3CMA in recognition of the City's creative approach to solving graffiti problems through distribution of a mock CD entitled "Facing the Music." 3. CERTIFICATION OF ELECTION RESULTS: 3.1 RESOLUTION NO. 95-62: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 7, 1995, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW - CC/Burgess reported that the Registrar -Recorder certified the results of the election on November 20, 1995 indicating that Bob Huff was duly elected to fill one of two available seats on the City Council. As the result of a recount conducted by the Registrar -Recorder/ County Clerk and certified on Friday, December 1, 1995, a tie existed between candidates Carol Herrera and Don Schad. The California Elections Code prescribes that, at a time and a place designated by the City DECEMBER 5, 1995 PAGE 2 Council, the City Council shall determine a tie vote. With respect to conducting a special run-off election, she stated that the Code provides that a run-off election can only be held if the legislative body adopts specific requirements for such election prior to conducting the election, which had not been done. In the event the candidates desire to resolve a tie via a run-off election contest, City Council should direct staff, with the assistance of the City Attorney, to provide a report on the ramifications and exposures of having an election that is not in conformance with State Code for the City Council meeting of December 19, 1995. Further, during such meeting, the Council will consider documents to place the General Plan initiative measure on the March 26, 1996 ballot. With respect to the seat occupied by M/Papen, she reported that the California Government Code specifies that a Councilmember shall remain in office until his or her replacement is "elected and qualified." In response to M/Papen, Ms. Herrera stated that the tie decision should be left up to the community and would favor a run-off election. Mr. Shad stated that he is in favor of a March run-off election; however, he was exploring other avenues prior to making a final decision. M/Papen asked Mr. Schad if the Council directed staff to prepare a report for December 19 and the Council agreed to call a run-off election, would he waive his right to other avenues of resolution. Mr. Schad stated that he would have to review the report prior to agreeing to the waiver. CA/Jenkins reported that the California Elections Code dictates the manner by which a City Council may resolve a tie vote in a Council election and that is that the decision must be made by lot. The option of conducting a run-off election is not an option available to this City Council. If the City chose to hold a run-off election, it may not be without risk and that risk emanates from the fact that it is not an option that the City has under the Code. If each candidate agreed in advance to abide by the outcome of a run-off election and not challenge the results of that election or the procedure by which the Council determines that election, that would minimize any risks. Council had several options to consider: 1) decide the tie by lot; 2) post -pone the matter for two weeks; 3) request the candidates to sign a written agreement waiving any rights to challenge the run-off before the Council made the decision to proceed with the run-off election. MPT/Werner asked the City Attorney to identify any immediate solutions available to the two candidates and if they would still be DECEMBER 5, 1995 PAGE 3 available if the Council decides to conduct a lottery. CA/Jenkins advised that the Elections Code allows for the conduct of a judicial recount to challenge votes. Further, the Elections Code allows the City Council, at the time and place designated, to select the candidate by lot and if this occurs, the other options become moot. In response to MPT/Werner, CA/Jenkins advised that the City would not have any kind of legal liability risk by not determining how to proceed at this time. C/Harmony stated that the candidates were notified on December 4, 1995 of the tie and the possibility of a lottery. He asked how much time is allowed for each candidate to consider the lottery option. CM/Belanger advised that each candidate was notified of the tie and possible lottery several days ago. In response to C/Harmony regarding the March 1996 election, _ CM/Belanger advised that the Elections Code indicates that the election would have to be called on December 19 in order to provide for a run-off election during the March 26 primary election. C/Ansari suggested that Council follow the wishes of the candidates. Mr. Schad and Ms. Herrera indicated their support of C/Ansari' s suggestion. CM/Belanger reported that the Amended Election Results Certificate indicated that Bob Huff had been elected to the City Council and Carol Herrera and Don Schad had a vote total indicating they are both tied. By adopting Resolution No. 95-62, the Council would: accept the election of Mr. Huff; continue consideration of the status of Mr. Schad and Ms. Herrera to December 19, 1995 with C/Papen to continue in her seat until such time as a replacement is duly elected and qualified. MPT/Werner moved, C/Ansari seconded to adopt Resolution No. 95- 62 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 7, 1995, DECLARING THE RESULT AND SUCH OTHER MATTERS PROVIDED BY LAW and acknowledging the recount and certification of the election. C/Harmony asked the City Attorney to explain why M/Papen would continue her seat on the Council. DECEMBER 5, 1995 PAGE 4 CA/Jenkins advised that the Resolution merely sets forth the result of the election and does not address M/Papen continuing in office. In response to M/Papen, CA/Jenkins advised that the motion only certifies the election. MPT/Werner stated that the Resolution does not address vacation of any seats but only mentions the certification of election. 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 CA/Jenkins advised that the Government Code provides that a Council Member remains in office until his or her successor is qualified and sworn into office. In response to C/Ansari's questions, CA/Jenkins indicated that it —' would wise to hold over all decisions until the next Council meeting so that he can explore other laws and options. C/Harmony asked the Council to make a decision on whether or not M/Papen would continue on the Council. CA/Jenkins advised that that decision is made by law, not the City Council. Further, per the De Facto Officer Doctrine, California Doctrine Law, as long as an officer, in good faith, believes that he or she is a duly -elected officer and, in good faith, performs his or her duties, any decision made may not be collaterally challenged on the ground that the officer is not properly in office. He suggested that if it is the Mayor's choice to remain in office after Bob Huff is sworn in, then the Council should proceed accordingly until December 19, 1995. MPT/Werner asked CA/Jenkins to contact the Attorney General for an opinion on the Mayor's position on the Council and give a status report to the Council on December 19, 1995. C/Ansari suggested that M/Papen remain as the City's alternate representative for the MTA during negotiations with the MTA, while — she remains in office as a Councilmember. C/Harmony asked that M/Papen remove herself from office. DECEMBER 5, 1995 PAGE 5 4. ADMINISTRATION OF OATHS OF OFFICE: 4.1 MPT/Werner presented a Gavel to C/Papen as outgoing Mayor. 4.2 Swearing-in of Council Member -Elect Bob Huff - Oath administered by Assemblyman Gary Miller. C/Huff introduced his family. 4.3 Reorganization of City Council 4.3.1 Selection of Mayor - C/Huff nominated C/Ansari for Mayor, MPT/Werner seconded the motion. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - Harmony M/Ansari Introduced Reverend Margaret Hedden to lead the audience in prayer. 4.3.2 Selection of Mayor Pro Tem - MPT/Werner nominated C/Huff for Mayor Pro Tem and C/Papen seconded the motion. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Huff, Papen, MPT/ Werner, WAnsari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None RECESS: M/Ansari recessed the meeting at 7:50 p.m. RECONVENE: M/Ansari reconvened the meeting at 8:22 p.m. 5. PUBLIC COMMENTS: Max Maxwell, 3211 Bent Twig Ln., congratulated M/Ansari and MPT/Huff on their new Council positions. He requested that Agenda Items 11. 1, 8.8, 10.1 and 11.2 be withdrawn from the Consent Calendar. He read an article from The Times dated June 12, 1986 regarding development of the Corporate Gateway Center and requested that the Council discuss this issue. Jack Newe, Chamber of Commerce, invited the Council and the residents to the Chamber's Third Annual Spectacular Holiday Mansion Tour in 'The Country" on Sunday, December 10, from 12:00 - 5:00 p.m. DECEMBER 5, 1995 PAGE 6 Chuck Martin, 444 N. Red Cloud Dr., read a statement calling for peaceful deliberations among Council Members and requested C/Harmony to resign. Joe McManus, 23561 Coyote Springs, also asked for C/Harmony's resignation. Wilbur Smith, 21630 Fairwind Ln., requested that Agenda Item 8.6.2 be pulled for reporting by staff and further discussion by the public. In regard to new traffic lights at D.B. Blvd. and the 57 fwy. off -ramp, he requested that the City control the lights to improve cut -through traffic. In regard to C/Harmony's censure, he requested that all evidence be placed into the public record. He further expressed his opinion that C/Papen should not be allowed to remain in office. Hubert Wilson, 23649 Countryview Dr., expressed concern regarding the traffic study to be conducted for Countryview. Terry Birrell welcomed MPT/Huff and congratulated M/Ansari. She protested that the Brown Act, Section 54952.2(a)(2), had been violated when Council signed a letter dated November 30, 1995. In regard to the Censure meeting, she felt that the value of old letterhead used by C/Harmony was not enough — to censure. Nick Anis expressed concem that a secret investigation was being performed by a Council Member. Don Schad, 1824 Shaded Wood Rd., congratulated M/Ansari and MPT/Huff. He requested that the City Council support Agenda Items 8.11 & 8.12. Al Perez congratulated M/Ansari and MPT/Huff. He also congratulated the Diamond Bar High School football team and wished them good luck on their championship game. He requested that the City provide a bus to the game for minors and handicapped persons. He expressed concern that C/Papen would remain on the Council. Frank Dursa felt that C/Harmony was being attacked without cause and requested that C/Papen step down from the Council. Joe McManus, 23561 Coyote Springs, congratulated W/Ansari and MPT/Huff. Steve Nice, Rising Star Dr., congratulated M/Ansari and MPT/Huff. He also felt that C/Papen should not remain on the Council. Dr. Lawrence Rhodes, Fiber Ct., stated that the Council must following the law that allowing C/Papen to remain on the Council until that chair is filled. He read Robert's Rules of Order, Section 3, Number 69. In regard to concems by the public, CA/Jenkins advised that Agenda Item 8.8 DECEMBER 5, 1995 PAGE 7 is a routine request from the City Clerk, pursuant to various code provisions, to destroy documents that are no longer required beyond their required time period. CM/Belanger reported that the Elections Code stated "elections officials shall destroy referenda and recall petitions eight months after the final examination of the petition by the elections official as soon as practical thereafter." He asked the City Attorney to verify if: 1) there is any statute of limitations that have already run in relationship to the usability of these petitions; 2) are these petitions available to the general public for any purpose; 3) is there any discretion on the part of the Council relating to the destruction of these documents. CA/Jenkins advised that any applicable statute of limitations relative to these matters have already passed and that the petitions are not available for public review in any event. CM/Belanger explained that C/Harmony's letter is part of the public record as evidence and is available for review by the public. In regard to Hubert Wilson's General Plan comments, CM/Belanger advised that the present Council as well as prior Councils, have all agreed that Grand Ave. will not be re -striped to 3 lanes unless and/or until the communities to the east do something about the impacts that they are creating on the City. With respect to Ms. Birrell's comments on an alleged violation of the Brown Act, CA/Jenkins stated that he could not respond until further information is received. The letter was not from the Council but from 3 individual Council Members acting independently and signing it is not an act of collaboration. With regard to Mr. Perez's bus request, C/Werner advised that the D.B. Brahmas would play a championship playoff game against Newbury Park High on Saturday, December 9, 1995 at 4:00 p.m., at Moorpark Junior College. Buses are available through the Walnut Unified School District at the High School; tickets are $7.00 Adult; $4.00 children. 6. COUNCIL COMMENTS: C/Harmony asked C/Papen to remove herself from the Council and for the Council to appoint the next highest vote getter, Tom Ortiz, to fill the chair during the interim. In regard to the Special Censure Meeting, he stated that the Council did not notify him of the Meeting and censured him without cause or due process. He proposed issues for the January Agenda: 1) create an ordinance regarding annexation of property -- into a homeowners association; 2) create an ordinance that no annexed land will be forced into any homeowners association without homeowners' approval; 3) start construction of the Sunset Crossing cul-de-sac. MPT/Huff requested staff to address why C/Harmony was not notified of the Special Censure Meeting and why C/Harmony's phone calls were not DECEMBER 5, 1995 PAGE 8 returned. He requested that a stationery use process be established. In regard to Council comments, he suggested consideration of moving Council comments to end of the Agenda and limiting the comments to 5 minutes. C/Wemer requested that the Council discuss the entire Agenda format and not just Council Comments. He stated that he was advised that every Council Member was verbally notified of the Special Censure Meeting. With regard to C/Wemer's comments, C/Papen concurred that all Council Members were noted of the Special Censure Meeting. Regarding the City of Industry's proposed MRF, she reported that Industry revised their EIR for the third time and that the "comment" period had been extended to December 23, 1995. She suggested that all public letters be re-entered into the record for review. M/Ansari stated that the City and the Chamber of Commerce were working on a program for economic development. She suggested that a youth assessment development program be developed which would include 2 high school students each on the Parks & Recreation, Planning and Traffic & Transportation Commissions. She also requested that staff look into conducting a town meeting for those citizens who cannot attend City Council meetings. In regard to C/Harmony's comments, she asked staff to address the issue of C/Harmony not being notified of the meeting. CM/Belanger stated that a written chronological statement of the scheduling of the Special Censure Meeting would be provided to each Council Member. 7. SCHEDULE OF FUTURE EVENTS: 7.1 MATERIALS RECOVERY FACILITY TECHNICAL ADVISORY COMMUNITY FACILITY TOUR - December 7, 1995 - 7:00 p.m., City Hall, 21865 E. Copley Dr. 7.2 PLANNING COMMISSION - December 11, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7.3 CITY COUNCIL MEETING - December 19, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 8. CONSENT CALENDAR: C/Harmony moved, MPT/Huff seconded to approve the Consent Calendar, with the exception of Agenda Item 8.8. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Papen, Werner, — MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.1 APPROVAL OF MINUTES: DECEMBER 5, 1995 PAGE 9 8.1.1 Regular Meeting of November 7, 1995 - Approved as submitted. 8.1.2 Special Meeting of November 17, 1995 - Approved as submitted. 8.2 PLANNING COMMISSION MINUTES - Regular Meeting of October 23, 1995 - Received and filed. 8.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 8.3.1 Regular Meeting of June 8, 1995 - Received & filed. 8.3.2 Regular Meeting of July 13, 1995 - Received & filed. 8.3.3 Regular Meeting of August 10, 1995 - Received & filed. 8.3.4 Regular Meeting of September 14, 1995 - Received & filed. 8.3.5 Regular Meeting of October 12, 1995 - Received & filed. 8.4 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of October 26, 1995 - Received & filed. 8.5 APPROVED VOUCHER REGISTER -dated December 5, 1995 in the amount of $574,784.67. 8.6 DENIED CLAIMS FOR DAMAGES: 8.6.1 Filed by Shelly Diana Cordova and Carrera Marble Co., on November 1, 1995 - Rejected request and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 8.6.2 Filed by Michael B. & Susan Collins, Steven A. & Kathleen M. Emmert, Ronald E. & Elizabeth L. Hodges, Gene A. Iacono, Sungho Jo, Robert W. & Vickie L. Roberts, Horst & Christa Schmiedeke, Michael R. & Karen A. Sharbrough, Sheng Che Wang and George G. & Rosemarie Meeley on October 24, 1995 - Rejected request and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 8.7 RELEASED LANDSCAPING AND IRRIGATION BOND POSTED FOR 2845 STEEPLECHASE LANE IN THE "COUNTRY" IN DIAMOND BAR - Surety Bond No. 11649811 for landscaping and irrigation in the amount of $23,130. 8.9 ADOPTED RESOLUTION NO. 95-64: A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL MODIFICATION IMPROVEMENTS AT GOLDEN SPRINGS DRIVE AT DIAMOND BAR BOULEVARD, BREA CANYON ROAD AT GOLDEN SPRINGS DRIVE, AND DIAMOND BAR BOULEVARD AT DECEMBER 5, 1995 PAGE 10 MOUNTAIN LAUREL WAY, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 8.10 ADOPTED RESOLUTION NO. 95-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE RELEASE OF THE REQUEST FOR PROPOSALS (RFP) FOR ENGINEERING SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR THE' INSTALLATION OF BALLFIELD LIGHTS AND THE CORRECTION OF THE DRAINAGE PROBLEMS AT PETERSON PARK. 8.11 ADOPTED RESOLUTION NO. 95-66: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR.GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE FOLLOWING PROJECT: UPPER SYCAMORE CANYON PEDESTRIAN/BIKE ROUTE. 8.12 ADOPTED RESOLUTION NO. 95-67: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE _ APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE FOLLOWING PROJECT: SANDSTONE CANYON PEDESTRIAN/BIKE ROUTE. 8.13 ADOPTED RESOLUTION NO. 95-68: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY). 8.14 AWARDED CONTRACT FOR MULTI -MEDIA HOMEWORK AND REFERENCE CENTER FOR THE DIAMOND BAR COMMUNITY LIBRARY - Authorized the City Manager to execute 1) a contract with MicroAge Computermart for a 4 -station multi -media computer system and related computer peripherals in an amount not to exceed $23,000 and 2) a contract with Interra for design, construction and installation of a 4 -station homework and reference center at the Library in an amount not to exceed $5,000. 8.15 ENDORSED NELL SOTO TO THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT BOARD OF DIRECTORS - and directed the Mayor to write a letter of support. 8.16 AWARDED CONTRACT TO AUSTIN-FOUST ASSOCIATES, INC. DECEMBER 5, 1995 PAGE 11 FOR THE COUNTRYVIEW DRIVE NEIGHBORHOOD TRAFFIC STUDY - in an amount not to exceed $9,990. 8.17 ADOPTED RESOLUTION NO. 95-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE AUTHORIZATION OF THE CALIFORNIA CONTRACT CITIES ASSOCIATION TO REPRESENT CONTRACT CITIES IN CONTINUING NEGOTIATIONS TO REFORM, ADMINISTER AND MONITOR THE LIABILITY TRUST FUND AND TO AUTHORIZE THE CONTRACT CITIES ASSOCIATION TO RETAIN CONSULTANTS AS NEEDED WITH EXPERTISE IN CLAIMS MANAGEMENT, RISK MANAGEMENT, LIABILITY LITIGATION AND ADMINISTRATION COSTS; UTILIZING MONIES FROM THE LIABILITY TRUST FUND. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 8.8 RESOLUTION NO. 95-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESTRUCTION BY THE CITY CLERK OF CITY RECORDS AND _ DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER ELECTION CODE SECTION 17200 - C/Harmony stated that this issue includes a lot of paper work dealing with recall signatures and requested the Council to extend the destruction date for another year. C/Harmony moved, M/Ansari seconded to deny the request and extend the destruction date for another year. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Harmony, M/Ansari NOES: COUNCIL MEMBERS - Papen, Werner, MPT/Huff ABSENT: COUNCIL MEMBERS - None C/Wemer moved, C/Papen seconded to adopt Resolution No. 95-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESTRUCTION BY THE CITY CLERK OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER ELECTION CODE SECTION 17200. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Papen, Werner, MPT/Huff NOES: COUNCIL MEMBERS - Harmony, M/Ansari ABSENT: COUNCIL MEMBERS - None 9. PUBLIC HEARINGS: None 10. OLD BUSINESS: DECEMBER 5, 1995 PAGE 12 10.1 ORDINANCE NO. 04A(1995): AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REVISING ORDINANCE 04(1995); AS HERETOFORE ADOPTED, FOR THE PURPOSE OF EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE FOR AN ADDITIONAL PERIOD OF TIME NOT -TO -EXCEED 18 MONTHS - CM/Belanger reported that the urgency was due to continuation of this matter from the last City Council meeting on November 21, 1995. In response to C/Papen, CM/Belanger advised that under the franchise law, if there is a non -action to extend a franchise, the franchisee has the right to continue to operate. During 1996, there will be a public hearing in- regard to draft provisions of the franchise contract with the cable company. Dr. Lawrence Rhodes, Fiber Ct., requested that this matter be considered and continued for an additional 12 months until the new telecommunication bill is passed because the City is in need of the revenue. Don Schad, 1824 Shaded Wood Rd., stated that the transmission quality coming into the residents' homes has been very poor in the past. He asked the Council to re -consider the vendor. Steve Nice, Rising Star Dr., Al Perez and Max Maxwell felt that the extension period was too long. C/Harmony asked what upgrades would be required to fix the technical difficulties that are experienced. Janet Spatz, Jones Intercable General Manager, explained that a lot of the technical difficulties are the result of preventative maintenance and it has been proposed to City staff that Jones Intercable have a separate budget for repairs and maintenance. She indicated that her firm is prepared to enter into negotiations with the City for a contract. With respect to C/Harmony's question regarding multi-plexing, Ms. Spatz stated that multi-plexing is an offering by premium services which would allow customers to have two or more channels offered by the service. Jones Intercable does not offer this service nor are there any plans for expansion. C/Harmony requested that learning, history and sci-fi channels be added to cable. C/Papen moved, seconded by M/Ansari to adopt Ordinance No. 04A(1995): AN URGENCY ORDINANCE OF THE CITY COUNCIL DECEMBER 5, 1995 PAGE 13 OF THE CITY OF DIAMOND BAR REVISING ORDINANCE 04(1995), AS HERETOFORE ADOPTED, FOR THE PURPOSE OF EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE FOR AN ADDITIONAL PERIOD OF TIME NOT -TO -EXCEED 18 MONTHS. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Papen, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 10.2 PROPOSED THREE VALLEYS MUNICIPAL WATER DISTRICT "READINESS -TO -SERVE CHARGE" - Ed Biederman, Manager, Walnut Valley Water District, stated that the WVWD Board is looking for a recommendation to collect a portion or all of the readiness -to - serve charge by the means of a per parcel charge. C/Papen expressed concern that multi -family complexes would be charged the same parcel charge as the single-family homeowner who uses less water. She requested that Council keep their recommendation limited to the smaller amount, that the 8% over- charge be eliminated and, instead, based on the water rate. She asked why the per parcel charges are different from the Water District when the MWD is assessing all water districts the same amount. Mr. Biederman explained that the 8% charge was levied by the Metropolitan Water District and to cover delinquencies and administrative charges and Three Valleys was not informed of this charged when it occurred. The parcel charged was established by Metropolitan for the cost of delivering water. The readiness -to -serve charge was established by Metropolitan by taking an average of each agency and their 5 -year demand. In response to C/Papen, Mr. Biederman stated that Prop 62 will not affect this charge because it is not considered a tax. C/Werner asked if WVWD was in agreement with staffs recommendation of not taking a position in this matter and to hold public hearings to find the best method. Mr. Biederman stated that he was in agreement with the City's — recommendation and this recommendation was made to Three Valleys with a public hearing scheduled at Walnut City Hall. He further stated that he was before the Council at this time to make the City knowledgeable of the fact that WVWD is looking out for the interest of D.B. water users. DECEMBER 5, 1995 PAGE 14 Ed Layton requested that the City concur with the WVWD in maintaining the parcel charge. He advised that once the water bill goes into a "rate", the citizens will pay for most of the cost. C/Papen asked why does a decision on this issue need to be made at the Council level when in the past, the Council has not been addressed. Mr. Layton advised that there are many smaller communities that are being protected and the readiness -to -serve charge will protect them from paying any fees, but will result in D.B. and Walnut residents paying a much higher water bill. C/Papen moved, second by C/Werner to direct staff to return at the December 19, 1995 City Council meeting with the Resolution previously recommended by the Walnut Valley Water District. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Papen, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 11. NEW BUSINESS: 11.1 CERTIFICATE OF EXAMINATION - INITIATIVE PETITION TO ADOPT A GENERAL PLAN (GPAC VERSION) - CM/Belanger advised of three recommendations: 1) Introduce the Ordinance, without alteration, and adopt it within 10 days after it is presented; 2) immediately order a special election, to be held not less than 88 nor more than 103 days after the date of the order, at which the Ordinance, without alteration, shall be submitted to a vote of the voters of the city; or 3) direct staff to prepare a report pursuant to Elections Code Section 9212 to be presented at the regular City Council meeting of December 19, 1995. He recommended that Council consider option 3. Further, should the Council desire to hold a special election, he recommended that the Council consider setting this matter for the March 26, 1996 Primary Election and explained that the appropriate time for calling that election would be December 19, 1995. In addition, he requested that Council authorize the expenditure of $20,000 to secure professional consulting services to prepare an extensive analysis of the variety of issues relating to the initiative including fiscal and legal impacts to report back to the Council on December 19, 1995. C/Papen recommended the following issues be placed on the March ballot: 1) Council term limits; 2) assessment for acquisition of DECEMBER 5, 1995 PAGE 15 additional open space; 3) election of Council Members by district. CA/Jenkins stated that there is a deadline of December 29, 1995 for the placement of any item on the March election. He further advised that before any issues are placed on the ballot, the standard Resolutions need to be prepared by the City Clerk. C/Harmony expressed concern over preparation of an analysis when the City Attorney stated that there may exist legal problems with the Ordinance that might warrant keeping it off of the ballot. Max Maxwell, 3211 Bent Twig Ln., asked the Council to accept the signatures, set a date for the election and not to complete an analysis. Steve Nice, Rising Star Dr., asked the City Council to get this General Plan on the ballot. Don Schad, 1824 Shaded Wood Rd., requested that the citizens' version of the General Plan be placed on the March Election ballot. AI Perez also requested that the citizens' version of the General Plan be placed on the March Election ballot. He disagreed with conducting an analysis of the General Plan. Wilbur Smith, 21630 Fairwind Ln., also requested Council to place the General Plan on the ballot. C/Werner moved, seconded by C/Papen to direct staff to prepare a report pursuant to Elections Code Section 9212 to be presented at the regular City Council meeting of December 19,1995; to receive and file the Certificate of Examination by the Los Angeles County Registrar - Recorder and accompanying signatures; to direct staff to prepare the necessary Resolutions for adoption on December 19, 1995; to consider options outlined in the staff report and authorize expenditures up to $20,000 to secure professional consultant services to prepare an extensive analysis of the variety of issues relating to the matter. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Papen, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 10. OLD BUSINESS (cont'd.): 10.4 PROPOSAL FOR LEGISLATIVE AND ADVOCACY SERVICES RELATED TO THE 1996 STATE TRANSPORTATION DECEMBER 5, 1995 . PAGE 16 IMPROVEMENT PROGRAM (STIP). C/Harmony moved, seconded by MPT/Huff to retain the services of Morshed Associates -The Ewing Group for legislative and advocacy services in an amount not to exceed $9,500 and direct the City Manager to enter into an agreement for said services. With consensus of the Council, motion carried. 11. NEW BUSINESS (cont'd.): 11.3 DISCUSSION REGARDING CANDIDATES FOR APPOINTMENT TO A VACANCY ON THE LOS ANGELES COUNTY LOCAL AGENCY FORMATION COMMISSION - C/Werner moved, seconded by M/Ansari to direct the Mayor to cast a vote on behalf of the City for candidate Jack Hastings. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony,Papen, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS -None 10. OLD BUSINESS (cont'd.): 10.3 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING AND REQUESTING THE FUNDING OF THE SR57/SR60 INTERCHANGE HOV DIRECT CONNECTORS PROJECT. MPT/Huff moved, seconded by C/Papen to adopt Resolution No. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING AND REQUESTING THE FUNDING OF THE SR57/SR60 INTERCHANGE HOV DIRECT CONNECTORS PROJECT. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Papen, Werner, MPT/Huff, IWAnsari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 11. NEW BUSINESS (cont'd.): 11.4 DISCUSSION REGARDING VACANCY RELATED TO THE ALTERNATE BOARD MEMBER TO THE METROPOLITAN TRANSPORTATION COMMISSION BOARD - M/Ansari suggested that, since C/Papen will remain on the Council until the next meeting, — C/Papen should remain on the MTA. CM/Belanger stated that the MTA will not take action with the vacancy because C/Papen remains on the Council. DECEMBER 5, 1995 PAGE 17 WAnsari requested that a letter be sent to the MTA advising them that C/Papen will remain on the Council until the December 19, 1995 meeting. 11.2 (1) ORDINANCE NO. 06(1995): AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR CODE ADOPTING, BY REFERENCE, THE "UNIFORM ADMINISTRATIVE CODE," 1994 EDITION, THE "UNIFORM BUILDING CODE," 1994 EDITION, VOLUMES 1, 2, AND 3, INCLUDING ALL APPENDICES THERETO, THE "UNIFORM MECHANICAL CODE," 1994 EDITION AND THE APPENDIX THERETO, THE "UNIFORM PLUMBING CODE," 1994 EDITION AND THE APPENDICES THERETO, THE "NATIONAL ELECTRICAL CODE," 1993 EDITION AND THE APPENDICES THERETO, 'THE UNIFORM HOUSING CODE," 1994 AND THE APPENDICES THERETO -AND THE "UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE," 1994 EDITION AND APPENDIX ONE OF THE 1994 UNIFORM CODE FOR BUILDING CONSERVATION AND CHAPTER 99 "THE BUILDING AND PROPERTY REHABILITATION" OF TITLE — 26 OF THE LOS ANGELES COUNTY BUILDING CODE 1993 TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS, AND EXCEPTIONS, INCLUDING FEES AND PENALTIES AND DECLARING THE URGENCY THEREOF. (2) RESOLUTION NO. 95-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE UNIFORM BUILDING CODE, UNIFORM PLUMBING CODE, AND NATIONAL ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. 06(1995), ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS. C/Werner moved, seconded by C/Harmony to adopt (1) Ordinance No. 06(1995): Urgency Ordinance amending Title 15 of the D.B. Code; and (2) Resolution No. 95-71 making express findings and determination that modifications to the Uniform Building Code, Uniform Plumbing Code, and National Electrical Code, as adopted by Ordinance No.. 06(1995). With the following Roll Call vote, motion carried: — AYES: COUNCIL MEMBERS - Harmony, Papen, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 12. ANNOUNCEMENTS: None DECEMBER 5, 1995 PAGE 18 13. CLOSED SESSION: PENDING LITIGATION Name of Case: CONFERENCE WITH LEGAL COUNSEL (Subdivision (a) of Section 54956.9) Diaz, Ramos, Martinez, Wills vs. City of Diamond Bar With consensus of Council, the Closed Session was continued to December 19, 1995. 14. ADJOURNMENT: There being no further business to discuss, M/Ansari adjourned the meeting at 11:12 p.m. 4LYDA BURGESS; City Clerk ATTEST: c'5 � - Mayor