HomeMy WebLinkAbout05/21/1996 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MAY 21,1996
1. CALL TO ORDER: Mayor Pro Tem Huff' called the meeting to
order at 6:42 p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive,
Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by
Council Member Herrera.
ROLL CALL: Council Members Harmony, Herrera,
Werner, and Mayor Pro Tem Huff`. Mayor Ansari was absent.
Also present were Terrence L. Belanger, City Manager; Frank Usher,
Assistant City Manager, Michael Jenkins, City Attorney; George Wentz,
Public Works Director, James DeStefano, Community Development Director;
Bob Rose, Community Services Director and Tommye Nice, Deputy City
Clerk.
2. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
2.1 MPT/Huff announced that the Certificate of Recognition to Randi Kim,
D.B., High School senior, for winning the 1996 Congressional Art
Competition "An Artistic Discovery," would be presented to her at a
later time.
2.2 MPT/Huff presented a City Tile to Dianne Forbing for her service to
the community as Editor of the "Windmill" from 1981 to 1996.
2.3 C/Harmony presented a City Tile to Gilbert D. "Gil" Smith, Southern
California Association of Governments (SCAG) Director, Government
& Public Affairs.
3. PUBLIC COMMENTS: Petra Hurtado, 20558 Calpet Dr.,
presented a petition requesting that staff` seek a permanent solution to water
that continues to run from Calpet Dr. to Flintgate Dr.
Rose Birch, 1861 Acacia Hill Rd., stated that she was concerned about
possible Brown Act violations that may have occurred during Council's
recent trip to the Int'I Conference of Shopping Centers in Las Vegas.
Clara Birch distributed copies of a newspaper article to the Council
regarding an alleged violation of the Brown Act during the BIA meeting.
Red Calkins, 240 Eagle Nest Dr., expressed concern regarding the
prohibition of gas powered garden and lawn equipment proposed by the
South Coast Air Quality Management District.
Dr. Lawrence Rhodes, P.O. Box 2258, expressed concern regarding
businesses littering his yard with advertisements. He requested that the City
contact the businesses and advise them that they are not to litter the
May 21, 1996 . Page 2
community. He requested an update on the Jones Intercable franchise
negotiations. He proposed a "promote shopping in D.B." stamp be issued
to residents who purchase $5.00 or more worth of items in the City and
special awards for the top three shoppers. He suggested that students who
are D.B. residents be provided ID canis that display the City's insignia. He
requested a legal definition of "No Trespassing" as it pertains to his property.
Terry Birrell requested an explanation for the cancellation of the May 7th
Council meeting. She asked Council to share what future City development
plans. She requested a detailed written report on the Las Vegas conference
attended by four Council members and four staff members.
Bob Zirbes, President, D.B. Improvement Association, requested that a City
Council Suboorrxnittee review the effectiveness of the Property Maintenance
Ordinance. He asked that the Subcommittee be directed to review and
address the complaints regarding parked and abandoned vehicles received
by DBIA and the City.
In regard tb the Brown Act issue, CM/Belanger stated that travel to
conferences, conventions, workshops and seminars are activities that are
permitted for more than two members of the Council under the Brown Act.
The Contract Cities Annual Conference is attended by Council members
from the Contract Cities Association. Representatives from local
governmental agencies throughout the U.S. attended the Int'I Conference of
Shopping Centers Convention. These gatherings are permitted under the
Brown Act and are deemed to not be violations of the Act. The primary
purpose for attending the Intl Conference of Shopping Centers Convention
was to engage the retail sales marketplace that lease space in shopping
enters and encourage them to locate in D.B. The packets of information did
not contain information regarding empty parcels of land.
C/Herrera presented a letter from Claire Schlotterbeck, Wildlife Corridor
Conservancy Authority Board Member, requesting that member cities send
letters of support for the Park Bond Act, SB 1948 to provide funds for the
Conservancy to purchase Coal Canyon and include the property in the
Wildlife Corridor. The item will be presented to the State Senate
Appropriations Committee on Thursday, May 23. She requested that the
matter be included on this agenda. Without objection, Council concurred
and the item was added to the agenda under New Business.
4. SCHEDULE OF FUTURE EVENTS:
4.1 Parks & Recreation Commission - May 23; 1996 - 7:00 p.m.,
SCAQMD Board Hearing Room, 21865 E. Copley Dr.
4.2 Memorial Day Observance - May 27,1996 - City Offices closed. City
Offices reopen Tuesday, May 28, 1996.
May 21, 1996 Page 3
4.3 City Council Meeting - June 4, 1996 - 6:30 p.m. SCAQMD Auditorium,
21865 E. Copley Dr.
4.4 Town Hall Meeting - June 22, 19% - 9:00 a.m. to 12:00 noon -
Heritage Park Community Center, 2900 S. Brea Canyon Rd.
5. CONSENT CALENDAR: C/Wemer moved, C/Herrera seconded to
approve the Consent Calendar with the exception of Items 5.1, 5.3 and 5.5.
With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner,
MPT/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - M/Ansari
5.2 APPROVED VOUCHER REGISTER - dated May 21, 1996 in the
amount of $298,645.54. C/Harmony voted yes on the Voucher
Register but withheld his vote for the Richards, Watson & Gershon
invoice.
5.4 ADOPTED RESOLUTION NO. 96-32: JOINT RESOLUTION OF LOS
`— ANGELES BOARD OF SUPERVISORS, BOARD OF DIRECTORS
OF COUNTY SANITATION DISTRICT NO. 21 AND THE CITY OF
DIAMOND BAR REGARDING ANNEXATION NO. 631. C/Harmony
abstained from voting on this matter.
5.6 ADOPTED RESOLUTION NO. 96-33: A RESOLUTION OF THE
CIN COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEERS REPORT FILED PURSUANT TO SECTION 22623 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH
RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT
DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING
MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1996-
97; AND FIXING A TIME AND PLACE FOR A HEARING OF
OBJECTIONS THEREON - Public Hearing set for June 18, 1996.
5.7 ADOPTED RESOLUTION NO. 96-34: 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 ASSESSMENT
DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING
MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1996-
97; AND FIXING A TIME AND PLACE FOR A HEARING OF
OBJECTIONS THEREON - Public Hearing set for June 18, 1996.
May 21, 1996 Page 4
5.8 APPROVED JOINT AGREEMENT WITH THE CITY OF WALNUT
FOR SHARING SPECIAL LEGAL SERVICES RELATED TO THE
PROPOSED MATERIALS RECOVERY FACILITY AND TRANSFER
STATION IN THE CITY OF INDUSTRY -, and authorized City
Manager to 1) provide written notice of termination to Burke, Williams
& Sorensen and 2) enter into a cost-sharing agreement with the City
of Walnut in an amount not -to -exceed $15,000, to retain Fulbright &
Jaworski to provide special legal services related to the proposed
Materials Recovery Facility in the City of Industry.
5.9 ADOPTED RESOLUTION NO. 96-35: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
AMENDMENT TO PATHFINDER BRIDGE WIDENING and
authorized execution of Agreement No. 1 (District Agreement No.
4004 A-1).
5.10 APPROVED INCREASE IN CONTRACT AMOUNT FOR SPECIAL
LEGAL SERVICES - relating to the Days Hotel Transient Occupancy
Tax (TOT) lawsuit in the amount of $3,500 with Michael G.
Montgomery, Esq.
5.11 APPROVED EXTENSION OF CONTRACT FOR MAINTENANCE OF
EIGHT (8) CITY PARKS - with Accurate Landscape & Maintenance
Corp. for FY 1996/97 in an amount not to exceed $102,600.
5.12 APPROVED EXTENSION OF WEED/LITTER ABATEMENT
CONTRACT WITH LANTERMAN DEVELOPMENT CENTER - with
Community Industries Lanterman Developmental Center for FY
1996197 for a total amount of $16,483.
5.13 APPROVED EXTENSION OF CITY-WIDE STREET TREE
MAINTENANCE CONTRACT - with West Coast Arborists, Inc. in an
amount not to exceed $45,000 for FY 1996/97.
.5.14 APPROVED EXTENSION OF GRAFFITI REMOVAL CONTRACT
WITH GRAFFITI CONTROL SYSTEMS - in an amount not to exceed
$30,000 ($30 per site/1,000 sites) for FY 1996/97..
5.15 APPROVED EXTENSION OF WEED CONTROUSIDEWALK AND
PARKWAY MAINTENANCE CONTRACT - with Landscape West, Inc.
in an amount not to exceed $55,750 for FY 1996/97.
5.16 APPROVED EXTENSION OF CONTRACT FOR MAINTENANCE OF
LIGHTING & LANDSCAPE DISTRICT NO. 38 - with Mariposa
Horticut al Enterprises, Inc. in an amount not to exceed $39,129.60
for FY 1996197.
May 21, 1996 Page 5
5.17 APPROVED EXTENSION OF CONTRACT FOR MAINTENANCE OF
LIGHTING & LANDSCAPE DISTRICT NO. 39 - with Accurate
Landscape & Maintenance corp. in an amount not to exceed $73,080
for FY 1996/97.
5.18 APPROVED EXTENSION OF CONTRACT FOR MAINTENANCE OF
LIGHTING & LANDSCAPE DISTRICT NO. 41 - with Landscape West,
Inc. in an amount not to exceed $35,400 for FY 1996/97.
MATTERS WITHDRAWN FROM CONSENT CALENDAR
5.1 APPROVED MINUTES - Regular Meeting of April 30, 1996 as
corrected. MPTIHuff requested that Page 11, Line 4 be corrected to
read: "Council of Governments "Grade Crossing Study" to look into
the impacts of..." MPT/Huff moved, C/Hannony seconded to approve
the minutes as corrected. With the following Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner,
MPT/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - M/Ansari
5.3 CONTINUED RESOLUTION NO. 96-)M A JOINT RESOLUTION OF
THE COUNTY OF LOS ANGELES BOARD OF SUPERVISORS,
BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.
21 AND THE CITY OF DIAMOND BAR REGARDING ANNEXATION
NO. 647 - At the request of C/Werner, PWD/Wentz responded that
the property was being acquired prior to final approval by L.A. County
to gain concurrence from "The Country Estates" Homeowners Assn.
The City will grant final approval to the project. The Resolution
requires that, in order for the property owner to be allowed to connect
to the County sewer system, he/she must have approval from the
Sanitation District. Approximately 200 to 300 lateral feet of sewer
system will be developed from the project site to the existing sewer
lateral. Two properties lay between the project site and the ultimate
connection to the sewer lateral.
C/Wemer asked if the two adjacent property owners had been
approached regarding an opportunity to hook into the projected line.
PWD/Wentz responded that the other property owners had not been
approached as the applicant is paying the entire cost of the
connection.
May 21, 1996 Page 6
C/Werner asked if the other property owners chose at a later date to
hook into the sewer would the applicant be subject to the provisions
of the sewerage.
PWD/Wentz explained that the nature of an Assessment District
would mandate that the applicant pay his proportionate share of any
new sewer installation from which he might benefit. He then
proposed that Section V of Resolution No. 96 -XX be renumbered to
Section VI and that a new Section V be added as follows: "it is
fixther understood that approval of this Resolution does not preclude
inclusion of the said property Warty future Sewer Assessment
Districts which may be proposed and imposition of any related costs."
CA/Jenkins stated that the proposed Section V reserves the City's
right to impose an assessment on the property owner.
C/Werner expressed concern that allowing property owners to pursue
individual installations is not sound planning.
C/Harmony stated that the matter merely a Resolution to allow
annexation which would not allow this property owner or any other
property owner to escape future assessments. He indicated that, in
his opinion, it is important for the City to encourage sewer hookup.
C/Wemer indicated that he believes this is an opportunity for the City
to make policy decisions which lead to sound planning. This property
owner is apparently designing pumping facilities which will pump the
sewage uphill. In addition, a transmission line is being installed to
cavy the sewage uphill. N every property owner handled their
individual sewage problems in the same independent manner, there
would be inefficient use of resources and considerable negative
visual impacts. He stated he would not support this singular effort.
PWD/Wentz explained that the project is in the area previously
considered for a Sewer Assessment District. In response to this
application, the City suggested that the project consider alternatives
to the typical sewage treatment peculiar to the area. The applicant
proposed that, because the site is in dose proximity to the sewer
location on Indian Creek Rd., they be allowed to hook into the
system. The City suggested the applicant provide a plan to hook into
the sewer system and contact LA County for permission to dump the
sewage into the County sewer system. The approval process
requires that the applicant obtain annexation approval. ff sewers are
installed in the district at a future date, this property owner will be
mandated to pay for his/her proportionate share of the district. The
City can also mandate that the property owner conned to the new
May 21, 1996 Page 7
sewer line. The City has the right to such a mandate within the Code.
C/Wemer stated that, according to the City Attorney, the mandate
was not included in the Section V wording.
CM/Belanger suggested that the matter be continued to June 4, 1996.
C/Werner moved, C/Herrera seconded, to continue Item 5.3 to June
4, 1996. With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Werner, Herrera, Harmony,
MPT/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - M/Ansari
5.5 ADOPTED RESOLUTION NO. 96-36: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF
THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38;
AND DECLARING ITS INTENTION TO LEVY AND COLLECT
T ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE
WITHIN SAID DISTRICT FOR FISCAL YEAR 1996-97; AND FIXING
A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON
- CM/Belanger recommended amending the Resolution as follows:
Page 4 of the Engineers Report under Financial Analysis, Capital
Improvements, should read "Future Capital Improvements" with the
amount shown as $252,154. Reserves should read "0." On Page 1,
Item A, delete third "iii" and substitute with: "Funds are being set
aside for future capital improvement projects. Projects being
considered include but are not limited to: Brea Canyon Road south
of Fountain Springs Road and medians between Gona Court and
Lemon Avenue on Golden Springs Drive. No substantial changes are
proposed in the existing levels of maintenance." On Page 2, Item No.
4, third line, insert the word "installation so that the sentence reads:
"The installation. maintenance and servicing of landscaping and
any..." On Page 2, insert "installation" in the 11 th and 12th lines of
Item No. 4 so that the sentence reads: "Said installation.
maintenance and servicing of the landscaping and installation,..."
C/Wemer moved, C/Harmony seconded to adopt Resolution No. 96-
36 as amended. With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Werner, Harmony, Herrera,
MPT/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - WAnsari
May 21, 1996 Page 8
6. PUBLIC HEARINGS:
6.1 RESOLUTION NO. 96-01(A): A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FOR FISCAL YEAR 1996-97 - CDD/DeStefano stated that Council
conducted a public hearing regarding adoption of the 1996-1997
Community Development Block Grant (CDBG) Program in January,
1996• During the hearing process, Council received an application
and Presentation regarding a proposal to create a Library Technician
Program for "at risk" youth through Del Paso High School in
conjunction with W.V.U.S.D. Results of the review regarding
eligibility of the proposed program, together with consideration of
additional funding for the Senior Emergency Preparedness Program
and staffs recommendation, is included in the Council's packet. Del
Paso's proposed Library Technician Program is a job training
program for teenage parents and pregnant minors. The program is
designed to develop a research facility in which "at risk" students can
learn to use library research skills leading to employment in a library
career. The application requests $25,000. He recommended that
$7,000 be allocated to purchase books, encyclopedias, printed
research and resource material, computer materials, scientific
research computer materials, and social science research computer
materials. The school is eligible to receive reimbursement for these
materials based upon a verification of eligible D.B. resident students.
Due to the success of the Senior Emergency Preparedness Program
conducted by the American Red Cross, the amendment includes
funding for an additional year. The program has distributed first aid
and safety packs to senior citizens and persons of low and moderate
income who are D.B. residents. The request for continuance of this
program is $2,500. He recommended that Council conduct a Public
Hearing to consider an amendment to the previously approved
Community Development Block Grant Program for FY 1996-97 and
authorize the City Manager to execute all CDBG documents required
for implementation of the program.
MPT/Huff declared the Public Hearing open.
Martha Bruske asked where Del
how many students reside in D. B.
is not the City's responsibility
programs. She proposed that
Neighborhood Watch program.
money to the School District.
Paso High School is located and
She stated that, in her opinion, it
to fund vocational educational
City funds be used to start a
She was opposed to giving City
CDD/DeStefano explained that CDBG is part of a Federal program
May 21, 1996 Page 9
which allocates funds to Cities and Counties on an annual basis for
the purposes of eliminating blight, improving job creation, education,
etc. for persons of low and moderate income. D.B. has participated
in the program since 1991. The Act has existed since 1974. Funds
are generally expended in older communities. D.B. received
approximately $390,000 for this fiscal year. In order to receive the
money, the City must advertise and invite applications for funding
consideration. All individuals and organizations have an opportunity
to apply for funds in varying categories. The School District chose to
apply for the funds. The primary benefit must be to persons of low
and moderate income. Seniors are considered by lot to be low and
moderate income and are eligible to participate in a variety of
programs without the spec need to illustrate their income
requirements. Shake shingle roofs is not an eligible category for
CDBG funding. The Senior Emergency Preparedness Program was
advertised through the Senior Citizens organization which uses
Heritage Park as a home base. Thirty seniors recently participated
in a City -monitored program presented by the American Red Cross
in D.B.
Dr. Stevens, Del Paso High School Principal, thanked Council for
considering the school's proposal. He believed the program is
valuable and would benefit the students of the community.
In response to C/Wemer, Dr. Stevens indicated that if the City failed
to fund the full $25,000 as requested, the school would look to other
funding sources such as the City of Walnut and district funds for the
balance of program funding. More than 50% of the students of Del
Paso High School are D.B. residents. Del Paso High School has not
made a request to the City of Walnut for funding this year.
In response to C/Harmony, CM/Belanger stated that the City did not
receive a request for Future America funding this year. The City
advertises the availability of public funding. Staff evaluates only the
proposals that it receives and does not solicit proposals. No
proposals were received from the Pomona Unified School District.
There being no further testimony offered, MPT/Huff closed the Public
Hearing.
In response to C/Wemer, Dr. Hockwalt explained that an "at risk"
student is any student who has the potential of not graduating.
C/Herrera also stated that "at risk' students tend to tum to crime,
associate with gangs, become hardened criminals and enter the
penal system unless there is some type of intervention.
May 21, 1996 Page 10
C/Herrera moved, MPT/Huff seconded to adopt Resolution'No. 96-
01(A). With the following Roll Call vote, motion carried:
AYES:
COUNCIL MEMBERS - Harmony, Herrera, MPT/Huff
NOES:
COUNCIL MEMBERS - Wemer
ABSENT:
COUNCIL MEMBERS - M/Ansari
7. OLD BUSINESS: None
8. NEW BUSINESS:
8.1 ORDINANCE NO. XX (1996): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE
DIAMOND BAR MUNICIPAL CODE TO ADOPT A TRUANCY
ORDINANCE AND PROVISIONS FOR THE RECOVERY OF COSTS
OF ENFORCEMENT FROM TRUANTS AND THEIR PARENTS -
CANBelanger stated the Ordinance has been prepared utilizing as its
model the recently adopted City of Walnut Ordinance. Adoption of
these provisions would enable the Walnut Sheriff's Station to enforce
truancy violations in a uniform manner throughout the W.V.U.S.D.
The Ordinance would apply to all areas of D.B. and would also affect
P.U.S.D. Students. He recommended that the matter be held over to
June 4 to allow firfher dialogue with the School Districts. Further, he
recommended that Council receive public testimdny on the matter
tonight.
In response to C/Werner, CM/Belanger explained that the Ordinance
would apply to all D.B. residents attending school in both school
districts and that staff requested continuance of this item to June 4 to
ascertain that the P.U.S.D. has had an opportunity to study the
Ordinance.
MPT/Huff stated that the proposed Ordinance was sent by facsimile
to P.U.S.D.
C/Herrera proposed a joint meeting between the Council and both
school districts to discuss the proposed Ordinance.
C/Harmony asked the Sheriff's Department to justify the Ordinance.
Captain Waldie, Walnut Sheriffs Department, stated the Ordinance
would be a vehicle to allow the Sheriff'a Department to deal with kids
in a proactive manner and control crime in the cities.
C/Wemer stated that the City Council Subcommittee is scheduled to
meet with the school districts in June.
May 21, 1996 Page 11
C/Herrera then requested that the Ordinance be continued until after
the joint meeting.
Dr. Rhodes asked if expelled students would be considered truants.
He suggested that students should be placed in study hall for the day
rather than expelled from campus. He also requested that curfew
laws be enforced.
Dr. Hockwalt stated W.V.U.S.D. accepted the concept of the
Ordinance and that the District enjoys a 99.4% attendance ratio. The
District does not consider truancy to be a major problem.
Implementation of the Ordinance would require time, personnel,
money and parent notification. He further stated that parents have
suggested the schools incorporate a series of 'open houses" in the
fall to announce the Ordinance.
C/Herrera requested that P.U.S.D. be included in the ad hoc
committee meetings.
Responding to C/Herrera, Dr. Hockwalt indicated W.V.U.S.D. has an
in-house suspension program. Parents have the right to remove
suspended students from the in-house program.
In response to C/Werner, Dr. Hockwalt stated that the schools
conduct a pedod-by-period attendance accounting. For every period
a student is not in class, he/she is reported truant. If the child is
found to be truant, he/she is assigned to a Saturday program or
suffers some type of suspension. The District's security personnel
have the power to detain students that appear to be truant.
Debby O'Cor w requested that P.U.S.D. be included in all meetings
regarding items that potentially effect students who are D.B.
residents.
Tom Van Winkle stated that he was in favor of the Ordinance. He
asked that residents of D.B. be instructed on the procedure for
reporting perceived infractions.
Captain Waldie responded to C/Wemer that he is unaware of the
severity of the truancy problem in the school districts. However, the
Ordinance does not address non-resident students who commit
crimes in D.B.
C/Herrera stated that while the truancy problem may not be a severe
Prem, any truancy is intolerable. Adoption of the Ordinance would
return ADA monies back to the schools. Cities that have adopted the
May 21, 1996 Page 12
Ordinance report a marked drop in school truancy. She felt that if
students from other areas became aware that D.B. has a Truancy
Ordinance that is being enforced, they will be deterred from entering
the community.
Captain Waldie pointed out that although truancy numbers are small,
one truant student can commit as many as 25 to 30 burglaries.
Therefore, reducing truancy may result in a drastic reduction of crime
in the City.
C/Werner moved, C/Herrera seconded to continue discussion of
Ordinance No. XX (1996) to July 16, 1996. With the following Roll
Call vote, motion carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Wemer,
MPT/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - WAnsad
8.1 A) RESOLUTION NO. 96-37: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING —
ACCESS TO SALES AND TAX RECORDS PURSUANT TO
REVENUE AND TAXATION CODE SECTION 7056 AND
REPEALING RESOLUTION NO. 90-9. CM/Belanger stated this
Resolution deletes the names of persons or entities no longer
employed by the City.
B) RESOLUTION NO. 96-38: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING
ACCESS TO SALES AND TAX RECORDS PURSUANT TO
REVENUE AND TAXATION CODE SECTION 7056 (ECONOMICS
RESEARCH ASSOCIATES) and, AGREEMENT FOR SALES TAX
EXAMINATION AND REVIEW SERVICES - CM/Belanger stated this
section is unchanged. Under the law, the City must enter into an
agreement which permits the named firms access to the City's sales
tax information. The California Revenue & Taxation Code requires
that such information be released and made available only to officials
and contractors authorized by Resolution to receive it: In the case of
contractors, there must also be an agreement of confidentiality in
place. He recommended adoption of both Resolutions.
C/Werner moved, C/Harmony seconded to adopt Resolution No. 96-
37 authorizing access to sales and tax records and repealing
Resolution No. 90-9; and Resolution No. 96-38 authorizing access to
sales and tax records to Economics Research Associates. Further,
approve an agreement for sales tax examination and review services
May 21, 1996 Page 13
with Economics Research Associates. With the following Roll Call
vote, motion .carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner,
MPT/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - M/Ansari
8.3 RESOLUTION NO. 96-39: A RESOLUTION OF THE CITY COUNCIL
APPROVING THE PARTICIPATION IN THE LOS ANGELES URBAN
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
AND AUTHORIZING THE MAYOR TO EXECUTE THE
COOPERATION AGREEMENT BETWEEN LOS ANGELES COUNTY
AND THE CITY OF DIAMOND BAR - CM/Belanger stated the U.S.
Department of Housing and Urban Development (HUD) regulates the
Community Development Block Grant Program. To be eligible to
receive CDBG funding, a city must either be an eligible metropolitan
city or be a participating city in an Urban County Program. D.B.
qualifies as a "Metropolitan City" based on a population of over
50,000 and can attain entitlement status effective July 1, 1997. L.A.
County's program operates on a three-year cycle and allows
i entitlement cities to utilize services of the County's Community
Development Commission to administer the City's CDBG program.
Since incorporation, the City has participated in the three-year cycle.
A Cityadministered program would result in lost benefits because the
City's demographics do not meet the Federal test. As a result of
being able to utilize Greater L.A. County demographics, the
community has been able to participate in housing rehabilitation
programs, home loan programs, MCC programs, etc. He
recommended that Council continue to utilize the Community
Development Commission as the primary administrator of the CDBG
monies that the City is entitled to receive and that the program
continue from July 1, 1997 through June 30, 2000.
C/Herrera moved, CNWemer seconded to adopt Resolution No. 96-39
approving participation in the Los Angeles Urban Community
Development Block Grant (CDBG) Program and authorize the Mayor
to execute the cooperation agreement with L.A. County. With the
following Roll Call, motion carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Wemer,
MPT/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - WAnsari
8.4 REQUEST FOR LETTER OF SUPPORT FOR SB 1948 - C/Herrera
May 21, 1996 Page 14
stated she was contacted by Clair Schlotterbeck, Wildlife Corridor
Conservancy Authority Board Member, who requested that the City
send a letter to the State Senate Appropriations Committee, Senator
Mountjoy and Senator Lewis in support of placing the Park Bond Act
(SB 1948) on the November 1996 ballot. Ms. Schlotterbeck further
requested that the letter stress the need to provide additional park
facilities, wildlife areas and open space acquisition funding, as well
as include local needs such as providing park funds to acquire Coal
Canyon, an important link in the Wildlife Corridor.
C/Herrera moved, C/Harmony seconded to approve that a letter be
drafted and signed by the Mayor in support of Park Bond Act SB
1948, and that the letter be sent by facsimile to all legislators.
In response to C/Wemer, C/Herrera stated that the only area of
benefit to the corridor is Tomer Canyon which is in the City's Sphere
of Influence. There are no other areas within the boundaries of D. B.
that would be beneficial to the wildlife movement.
CANBela W stated the migration path for large animals leads to the
Cleveland National Forest. Coal Canyon is located to the south of —
SR 91 and is an area that must be included in the link to Puente Hills
and to the Whittier area to insure linkage. The Wildlife Corridor does
not ignore D.B. or Tonner Canyon. Coal Canyon is the highest
priority of the Conservancy. With the following Roll Call, motion
carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Wemer,
MPT/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - M/Ansari
RECESS: MPT/Huff recessed the meeting at 9:00 p.m. to
Redevelopment Agency meeting.
(Redevelopment Agency Minutes have been prepared as a
separate document)
RECONVENE: MPT/Huff reconvened the City Council meeting at 9:07 p.m.
10. COUNCIL SUB -COMMITTEE REPORTS: C/Herrera stated she attended
the May 7-9 Intl Council of Shopping Centers Convention in Las Vegas. —
Four Council Members and four staff members each distributed 15 packets
to businesses in attendance. Businesses such as restaurants, coffee
houses, sporting goods, etc. were encouraged to locate within D.B. She
indicated follow-up letters and packets will be mailed to the businesses. In
May 21, 1996 Page 15
addition, the businesses will be called and encouraged to locate in D.B.
Further, she reported that she had attended Assemblywoman Grace
Napolitano's reception honoring the California Highway Patrol graduates and
the L.A. County Peace Officers Memorial on Tuesday, May 14 as well as the
Citizens Academy graduation at the Walnut Sheriffs Department and the
Contract Cities Conference in Palm Springs. She further announced that
she would begin Council Members Academy classes on May 28. She
thanked Captain Waldie for his participation in the Council meeting and for
his willingness to work with the City.
C/Wemer stated that he also attended the Intl Conference of Shopping
Centers and met with Shopping Center investors who responded favorably
to the City's packets. He reported that Shea Development expressed an
interest in developing shopping centers in D.B. He indicated that other
contacts such as a provider of playground equipment may be beneficial to
the City and allow the community to receive better bids on quality products.
Further, he stated that he was a delegate to the Contract Cities Conference.
Workshop sessions included such topics as "Sheriff Contract Services." He
indicated that he'officiated at the annual D.B. Jr. Women's Spelling Bee
contest on May 20.
MPT/Huff reported that on May 2, he and M/Ansari attended the League of
California Cities monthly meeting in Alhambra. Jerry Boykin, D.B. Chamber
of Commerce President, and Richard Darbo, Executive Director of the
Chamber, also attended the meeting. "Economic Development" was
discussed by the New L.A. Marketing Plan group. He indicated that he also
attended the Las Vegas Int'I Conference of Shopping Centers. He further
indicated that on May 9, he and M/Ansari attended the Daily Bulletin's Brown
Ad Conference and the City -4n -Line User Group meeting at Heritage Park.
He encouraged citizens who wish help in learning how to use the BBS to
attend the User Group meetings. On May 10, he attended the Bidders
Conference on the "Rail Grade Crossing." On May 15, he accompanied
Eileen Tillery to a reception in honor of "Older Americans and their
Contributions." Supervisor Deane Dana presented a Certificate to Ms.
Tillery. He also attended the Citizen's Academy graduation the evening of
May 15.
11. COUNCIL COMMENTS: CM/Belanger responded to C/Harmony
that with respect to the Morning Sun slide remediation plan, Council placed
a requirement on the SAW Development that four conditions be satisfied
preceding signing the Resolution approving the Tentative Tract Map.
SASAK Development has satisfied the four conditions. One of the
conditions was the creation of a remediation plan that dealt with the
immediate impacts of the landslide on SASAK property holdings. The
remediation structure C/Harmony referred to is a shallow shear key (6 to 10
feet) 40 feet across from the curb line to the east along 6700 linear feet of
May 21, 1996 Page 16
Morning Sun Ave. The purpose is to dig below the identified slide plane
which is causing the distress in the street and shore up the slide plane
directly above the area to relieve the stress that is causing Morning Sun to
buckle. This is the remediation effort referred to in the Daily Bulletin Morning
Sun slide update this past weekend. Staff would prefer to provide map
status information in writing. No construction related activities are taking
place at this time. If construction moves forward, mitigation measures would
be extensive to insure the stabilization of the property and all adjacent
properties. Regarding W.V.U.S.D. properties, there are numerous issues to
be addressed because of the size of the area and related geotechnical
issues. Staff is aware that, as The Daily Bulletin reported, the School District
is within a month or two of approving a remediation plan.
PWD/Wentz stated he will forward a report to the City Manager on,
Wednesday regarding the remediation plan documentation provided to him i
by the School District. He indicated that the most important document he j
reviewed was a report prepared by NBS Lowry dated February 1996, which j
contained information regarding the three slides: the shallow slide along j
Morning Sun Ave.; the larger slide that moved about approximately 6 1/2
acres of soil, and the larger potential "ancient landslide" which exists below
the entire area.
I
C/Harmony related a citizen's concern regarding the "No Right Turn" on
Rolling Knoll Rd. at Grand Ave. He suggested that the residents contact him
to obtain a copy of the Engineering staff report that addresses the issue of
the "No Right Tum" and cut4hrough traffic in the neighborhood. He stated
there are three items on the Executive Session agenda. One item relates to
a lawsuit brought against the City and C/Harmony. He indicated that he will
not be participating in the lawsuit discussion portion of the session upon the
advice of the Fair Political Practices Commission.
C/Herrera stated that, contrary to what some citizens have voiced at Council
meetings, she and other members of Council are sincerely working toward
improving D.B. for its citizens. She reminded Council that goals discussed
during the previous meeting should be agendized for future Council
meetings. She requested a report on the soundwall readings recently taken
by staff.
MPT/Huff reminded everyone that a significant amount of revenue will be
lost to the City in the next fiscal year. The City must identify methods of
regenerating the lost revenue or make service cutbacks. It is incumbent
upon Council to stimulate the local businesses and promote shopping in D. B.
In addition, an ongoing effort is required to entice businesses to locate in
D.B. and provide an opportunity for citizens to shop locally. Although it may
appear to citizens that little is taking place, Council is working diligently to
help make D.B. a sustainable, balanced community.
May 21, 1996 Page 17
12. ANNOUNCEMENTS: None
RECESS: MPT/Huff recessed the meeting at 9:50 to Closed Session.
13. CLOSED SESSION:
a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - (G.C.
Section 54956.8.)
Property: Lots 92/93 - Tentative Tract Map. 32400
Brea Canyon Rd. (Arciero Property)
Negotiating Parties: Arciero S Sons
Under Negotiation: Price and terms of sale.
b. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Name of Case: Wick Anis, Jr., Patricia A. Anis. v. Clair W.
Harmony, et al
Case No. KC 022762
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - (G.C.
SECTION 54957)
Title: Evaluation of City Manager
RECONVENE: MPT/Huff reconvened the meeting from Closed Session at
12:29 a.m.
The City Attorney wwmunced that, pertaining to Closed Session items b. and
C., no reportable action had been taken by the City Council. Regarding item
a., the City Attorney reported that Council had agreed to schedule
consideration of declaring Lots 92/93 as surplus property on a future
agenda.
14. ADJOURNMENT: There being no further business to
conduct, MPT/Huff adjourned the meeting at 12:29 a.m.
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May 21, 1996 Page 18
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