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HomeMy WebLinkAbout08/06/1996 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 6, 1996 1. CALL TO ORDER: Mayor Ansari called the meeting to order at 6:48 p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Naval Sea Cadets, Ingraham Division, lead by Lt. Shelby Gaul. ROLL CALL: Council Members Harmony, Herrera, Werner, Mayor Pro Tem Huff, Mayor Ansari. Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Community Development Director; George Wentz, Public Works Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. Michael Jenkins, City Attorney, reported that the Closed Session convened at 5:30 p.m. to discuss the agenda items and that a written report had been presented to the City Clerk. The Closed Session recessed at 6:40 p.m. with no reportable action taken. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaimed July 28, 1996 as "National Parents' Day." Robert Spitz accepted the Proclamation. 3.2 Presented City Tile to Patrick J. McDonnell for "Extraordinary Courage" in confronting a suspect in the fatal shooting of a postal supervisor on July 9, 1995. 3.3 BUSINESS OF THE MONTH: 3.3.1 Presented City Tile to J.F. Shea Co. for over 100 years of commitment to the building industry and the Diamond Bar community. Jim Shontere accepted on behalf of J.F. Shea Co. 4. PUBLIC COMMENTS: Steven Schmauss, Beaverhead Dr., expressed concern regarding the Redevelopment Agency's hiring of three employees. He asked what they have done to earn their salary. He requested an accounting of monies spent by the agency. Barbara Clannon, 3543 S. Falcon.Ridge Rd., reiterated her concern about violation of the City's CC&R's regarding parking of commercial vehicles in residential neighborhoods and the related safety issues. Red Calkins asked when the Sunset Crossing pipeline installation and street repair would be completed. PWD/Wentz responded that Sunset Crossing street repair is scheduled for completion this week. AUGUST 6, 1996 PAGE 2 Dr. Lawrence Rhodes, Fibre Ct., asked Council to consider an Ordinance - requiring residents to remove holiday ornaments. At the request of Mr. Rhodes, M/Ansari read a section from Roberts' Rules of Order entitled Decorum and Debate. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERT IN THE PARK - August 7, 1996 - Susie Hanson Band (Latin Jazz) - 6:30 p.m. - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - August 8, 1996 - 7:00 p.m., SCAQMD Hearing Board Room, 21685 E. Copley Dr. 5.3 PLANNING COMMISSION - August 12, 1996 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.4 CONCERT IN THE PARK - ROCK-A-DILES (50's) - August 8, 1996 - 6:30 p.m. to 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.5 CONCERT IN THE PARK (LAST IN SERIES) - PANDEMONIUM (STEEL DRUM/ CALYPSO) - August 21, 1996 - 6:30 p.m. - 8:00 p.m., Sycamore Canyon Park, 22960 Golden Springs Dr. 5.6 TOWN HALL MEETING WITH PARKS & RECREATION COMMISSION - September - Parks Master Plan. 6. CONSENT CALENDAR: C/Werner moved, MPT/Huff seconded to approve the Consent Calendar with the exception of Items 6.5, 6.9, 6.11 and 6.15.1, 6.15.2, 6.15.3, 6.15.4. Motion carried by the following Roll Call vote (C/Harmony abstained on Item 6.10): AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NONE: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: 6.1.1 Work Session of July 2, 1996 -Approved as submitted. 6.1.2 Regular Meeting of July 2, 1996 - Approved as submitted. 6.1.3 Regular Meeting of July 16, 1996 - Approved as submitted. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of June 24, 1996. 6.2.2 Regular Meeting of July 8, 1996. 6.3 RECEIVED & FILED PARKS & RECREATION COMMISSION -- MINUTES - Regular Meeting of June 27, 1996. 6.4 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES: AUGUST 6, 1996 PAGE 3 6.4.1 Regular Meeting of March 14, 1996. 6.4.2 Regular Meeting of April 11, 1996. 6.4.3 Regular Meeting of May 9, 1996. 6.4.4 Regular Meeting of June 13, 1996. 6.6 RECEIVED & FILED TREASURER'S REPORT - June, 1996. 6.7 REJECTED CLAIM FOR DAMAGES - Filed by Ernie Carter on July 2, 1996 and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.8 APPROVED BOND EXONERATIONS: 6.8.1 EXONERATED GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR TRACT 47722, DIAMOND KNOLL LANE - Bond No. 3SM-771-718-00 in the amount of $22,500 and directed the City Clerk to notify the Principal and Surety of this action. 6.8.2 EXONERATED CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR 2640 CLEAR CREEK DRIVE - Check No. 2982 in the amount of $1,749.60 and directed the City Clerk to notify the Principal and Surety of this action. 6.8.3 EXONERATED CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR 23655 FALCON VIEW DRIVE - Bond No. 004-1321056 in the amount of $2,725 and directed the City Clerk to notify the Principal and Surety of this action. 6.8.4 EXONERATED CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR 1818 DIAMOND KNOLL LANE - Bond No. 123-48807-4 in the amount of $2,880 deposited with Coast Federal Bank on July 26, 1995 and directed the City Clerk to notify the Principal and Surety of this action. 6.10 AWARDED CONTRACT TO PROVIDE MITIGATION MONITORING SERVICES FOR VESTING TENTATIVE TRACT MAP NO. 47850 - with Michael Brandman Associates for Mitigation Monitoring Services for Vesting Tentative Tract Map No. 47850 in the amount of $100,500. 6.11 RESOLUTION NO. 96 -XX: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CERTAIN CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 51169 - Continued to September 3, 1996. AUGUST 6, 1996 PAGE 4 6.12 ADOPTED RESOLUTION NO. 96-52: A RESOLUTION OF THE -' CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE FIRST CALIFORNIA CONGRESSIONAL LEADERSHIP CONFERENCE. 6.13 ADOPTED RESOLUTION NO. 96-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS AND REPEALING RESOLUTIONS 90-45 THROUGH 90-45k - and repealed Resolution Nos. 90-45 through 90-45K and authorized staff to amend the budget accordingly. 6.14 ADOPTED RESOLUTION NO. 96-54: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION NO. 631 TO COUNTY SANITATION DISTRICT NO. 21 AND REPEALING RESOLUTION NO. 96-32. 6.16 AWARDED PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF PETERSON PARK DRAINAGE, ATHLETIC FIELD LIGHTING TO CATHCART/BEGIN ASSOCIATES in an amount not to exceed $36,860. 6.17 APPROVED THE BUILDING AND SAFETY CONTRACT SERVICES BUDGET ADJUSTMENT which included an increase in the expenditure account for the Building & Safety Contract by $14,100 and increased P.O. 3279 by $14,100 for FY 1995-1996. 6.19 MORSHED & ASSOCIATES/EWING GROUP -LEGISLATIVE ADVOCACY AGREEMENT - authorized an additional $12,000 for legislative advocacy services for Morshed & Associates .and The Ewing Group. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.5 VOUCHER REGISTER - dated August 6, 1996 in the amount of $733,038.73. C/Harmony expressed concern regarding proposed expenditures for the scheduled International Association of Shopping Centers Conference in Palm Springs. He suggested the number of Council and staff representatives be reduced. C/Werner stated that if the City is going to move forward to fill the 15% commercial shopping center vacancy, the City must proactively solicit businesses to relocate in the community. AUGUST 6, 1996 PAGE 5 C/Werner moved, M/Ansari seconded to approve Voucher Register dated August 6, 1996 in the amount of $733,038.73. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Harmony, Herrera,Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.9 ADOPTED RESOLUTION NO. 96-55: JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES ACTING ON BEHALF OF LOS ANGELES COUNTY GENERAL FUND, LOS ANGELES COUNTY LIBRARY, LOS ANGELES COUNTY FLOOD CONTROL, LOS ANGELES COUNTY FIRE PROTECTION DISTRICT, LOS ANGELES COUNTY FIRE-FFW AND THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 OF THE COUNTY OF LOS ANGELES, AND THE GOVERNING BODIES OF CITY OF DIAMOND BAR, GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT, THREE VALLEYS MUNICIPAL WATER DISTRICT, CALIFORNIA WATER- WVWD- IMPROVEMENT DISTRICT #3, CALIFORNIA WATER- WVWD-IMPROVEMENT DISTRICT 44, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 21, "ANNEXATION NO. 647' - C/Harmony moved, C/Herrera seconded, to adopt Resolution No. 96- 55. With the following Roll Call vote, motion carried unanimously: AYES: COUNCIL MEMBERS - Harmony, Herrera,Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.15 CONTRACT AMENDMENTS FOR LANDSCAPE MAINTENANCE: 6.15.1 ADDITIONAL WORK BY MARIPOSA HORTICULTURAL ENTERPRISES, INC. FOR LANDSCAPE MAINTENANCE DISTRICT NO. 38 MAINTENANCE CONTRACTOR ON AN "AS NEEDED" BASIS - authorized the City Manager to approve additional work as needed in an amount not to exceed $7,500 for Fiscal Year 1996-1997. 6.15.2 ADDITIONAL WORK BY ACCURATE LANDSCAPE & MAINTENANCE CORP. FOR LANDSCAPE MAINTENANCE DISTRICT NO. 39 ON AN "AS NEEDED" BASIS - authorized the City Manager to approve additional work as needed in an amount not to AUGUST 6, 1996 7 PAGE 6 exceed $5,000 for Fiscal Year 1996-1997. 6.15.3 ADDITIONAL WORK BY LANDSCAPE WEST, INC. FOR LANDSCAPE MAINTENANCE DISTRICT NO. 41 ON AN "AS NEEDED" BASIS - authorized the City Manager to approve additional work as needed in an amount not to exceed $5,000 for Fiscal Year 1996- 1997. 6.15.4 ADDITIONAL WORK BY ACCURATE LANDSCAPE & MAINTENANCE CORP. FOR PARKS MAINTENANCE CONTRACTOR ON AN "AS NEEDED" BASIS - authorized the City Manager to approve additional work as needed in an amount not to exceed $8,600 for Fiscal Year 1996-97; further authorized the City Manager to approve the purchase of paper products for the seven park restrooms by Accurate Landscape & Maintenance Corporation in an amount not to exceed $3,400 for Fiscal Year 1996-1997. MPT/Huff moved, C/Harmony seconded, to approve Items 6.15.1, 6.15.2, 6.15.3 and 6.15.4. With the following Roll Call vote, motion carried unanimously: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NONE: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None PUBLIC HEARINGS: 7.1 ADOPTED RESOLUTION NO. 96-56: A RESOLUTION OF THE CITY OF DIAMOND BAR ADOPTING THE LOCAL IMPLEMENTATION REPORT (LIR) AND CERTIFYING THAT THE CITY OF DIAMOND BAR MEETS THE CONFORMANCE CRITERIA OF THE 1996 CONGESTION MANAGEMENT PROGRAM (CMP) - M/Ansari opened the Public Hearing. There being no public testimony offered, M/Ansari closed the Public Hearing. C/Wemer moved, C/Harmony seconded to adopt Resolution No. 96- 56 certifying that the City meets the conformance criteria of the 1996 Congestion Management Program. With the following Roll Call vote, motion carried unanimously: AYES: COUNCIL MEMBERS - Harmony, Herrera,Werner, MPT/Huff, M/Ansari AUGUST 6, 1996 PAGE 7 -- NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. OLD BUSINESS 8.1 DESIGNATION OF COUNCIL MEMBER TO SIGN RESOLUTION NO. 95-21 AND RESOLUTION NO. 95-22 (TENTATIVE TRACT MAP NO. 51253-SASAK) - Michael Collins, 1625 Morning Sun Ave., objected to signing the Resolution due to the developers lack of timely response. He also objected to the developers mitigation measures. He asked what guarantees that the developers future attempts to mitigate damage will not trigger another landslide. He indicated that, in his opinion, the City should not sign the Resolution until the developer repairs the area. Elizabeth Hodges, 16o4 Morning Sun Ave., concurred with Mr. Collins' comments. She stated that the developer had done very little to repair the landslide damage. She indicated that the residents believe the landslide repair is a separate issue from the Tentative Map approval. The City should require the SASAK Corporation to repair the damage irrespective of the developers plans to build on the property. T CA/Jenkins responded to C/Wemer that the City's signature on the Resolutions would obligate the developer to fulfill the conditions of the map. If the developer does not complete the work, the developer will have violated the conditions of the Map and the Map will never be in a position to be finalized and recorded. If the Resolutions are not signed, the developer would have no approval to continue and could institute litigation to compel the City to sign the Resolution. PWD/Wentz responded to C/Wemer that spreading seed by hand is acceptable. Morning Sun Ave. is maintained by L.A. County. C/Harmony stated that directing any Council Member to sign the Resolution is a vote of recertification of one of the worst projects ever to be approved by the City. He suggested that the City wait until it receives Walnut Valley School District's mitigation plans. M/Ansari stated that this matter was not for the Vesting Tract Map. Mr. Patel will have to complete the landslide mitigation before the Council discusses whether the developer may proceed to build homes on the property. Responding to MPT/Huff, PWD Wentz stated that landslide implies property movement. The results of the landslide can be mitigated irrespective of residential construction. In addition to remediation measures, the developer is obligated to complete additional map approval conditions such as geological and geotechnical corrections AUGUST 6, 1996 PAGE 8 prior to commencement of construction. C/Herrera moved, MPT/Huff seconded to direct the Mayor to sign Resolution Nos. 95-21 and 95-22 (Tentative Tract Map No. 51253- SASAK). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Werner, MPT/Huff NOES: COUNCIL MEMBERS - Harmony ABSTAIN: COUNCIL MEMBERS - M/Ansari 9. NEW BUSINESS: 9.1 ESTABLISHMENT OF A COMMUNITY SERVICES CENTER AT COUNTRY HILLS TOWNE CENTER - CM/Belanger stated that in addition to the $.50 per sq. ft. lease cost, an additional $.39 per sq. ft. common area maintenance charge is levied for a total lease cost of $30,000. Responding to CfWerner, CM/Belanger indicated other shopping centers have not been positively responsive. The Country Hills Towne Center's current ownership offered space at a savings in excess of $1.00 per sq. ft. under the current market rate. In addition, the space currently offered is twice as large as the space proposed by the previous owner which affords the City an opportunity to combine a variety of services including housing recreation staff, community volunteer patrol, and special assignment Sheriffs Deputies. The 2500 sq. ft. space is unique to this location. CM/Belanger responded to C/Harmony that only the Brea recreation staff personnel will be relocated. Parks maintenance staff will not be relocated from Sycamore Canyon Park. Recreation classes will not be relocated from the current private and public facilities. MPT/Huff moved, C/Werner seconded to authorize the Mayor to execute a two-year lease agreement with M & H Property Management, Inc., subject to approval as to form by the City Attorney. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.2 FORMATION OF A CITY/CITY SUBCOMMITTEE BETWEEN CHINO HILLS AND DIAMOND BAR - C[Werner moved approval of staffs recommendation for a City/City Subcommittee between Chino Hills and D.B. and recommended that C/Herrera and MPT/Huff be appointed as Subcommittee members. M/Ansari seconded the AUGUST 6, 1996 PAGE 9 motion. Motion carried 4-1 with C/Harmony voting no to appoint C/Herrera and MPT/Huff to serve as D. B.'s representatives on the subcommittee and direct the Mayor to correspond with Chino Hills representatives to request their appointment of two City Council Members to serve on the Committee. 9.3 ADOPTED RESOLUTION NO. 96-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE STATE -LOCAL MASTER AGREEMENT NO. 07-5455 AND PROGRAM SUPPLEMENT AGREEMENT NO. M001 FOR GRANT FUNDS FOR THE REHABILITATION/RECONSTRUCTION OF DIAMOND BAR BOULEVARD BETWEEN GRAND AVENUE AND STATE ROUTE 60 - C/Werner moved, MPT/Huff seconded, to adopt Resolution No. 96-56 and direct the City Clerk to forward the original agreements to the State Department of Transportation for final execution. With the following .Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None RECESS: M/Ansari recessed the meeting at 9:23 p.m. in order to convene the Redevelopment Agency meeting. RECONVENE: M/Ansari reconvened the City Council meeting at 9:38 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: C/Herrera reported that the September Palm Springs International Council for Shopping Centers Conference requires the participation of several staff members and Council members in order to cover the numerous business opportunities. Many businesses attending the Las Vegas International Council for Shopping Center Conference asked if. D.B. had a Redevelopment Agency within the City to assist them in locating within the City. Today's Economic Development meeting discussion consisted of planning for the City's display booth. A considerable amount of effort is being expended to attract business to this City. She reminded everyone that, in order to bring more business to D.B. so that the City will be more financially stable, she chose to represent her constituents by serving on subcommittees, and attending conferences and committees. As a result, she has given up about 50 percent of her regular salary. C/Werner announced hazardous waste disposal locations: August 17, �— Alhambra and San Gabriel; August 24, Rowland Heights. Contact City Hall for location information. The Green Waste legislation is being reconsidered by the State Assembly. The Sanitation District is asking each City's support in the form of a resolution seeking recycling credits for hazardous waste. In addition, the resolution would allow green waste to be used as landfill project AUGUST 6, 1996 PAGE 10 soil material cover. He stated that he attended the August 1 st League of Calif. Cities meeting at which he learned about countywide Prop A, the Safe Neighborhood Park Proposition, a $312 million dollar park bond measure. The cost per parcel estimate throughout the County is approximately $8. He further stated that he was disturbed to learn that the county rejected an application for funding from the City. He estimated that over the 20 year life of the bond, D.B. would be paying out approximately $1.3 million. He urged the community to express their "NO" vote on countywide Prop A and asked Council to consider the matter for public discussion and formal resolution. M/Ansari asked that green waste and Prop A discussions be agendized for a future Council meeting. C/Harmony offered no report. MPT/Huff stated that he attended the July 17-19 League of California Cities Mayor and Council Members Conference which was also attended by M/Ansari and C/Herrera which is designed as Council Member training. CA/Jenkins was a keynote speaker. On July 25, the Grade Crossing Committee met with the consultant for an update. The study is ongoing through 1996 with a report to Council scheduled for January, 1997. It will consider rail traffic impacts and proposed mitigation measures. He met with the Mayor and Ranch Festival Committee on July 26. The parade will be September 28 and the Festival will be held October 4-6. He indicated that all five Council Members attended the July 27 Walnut MRF celebration. On August 3, he and C/Herrera attended the Chamber of Commerce ribbon cutting ceremony for Frameworks. M/Ansari attended the July 25 City of Industry Council meeting. She spoke on behalf of the Council and thanked them for being a good neighbor and moving the MRF site. She congratulated them on conducting an orderly meeting. She commented on the League of Cities Conference. She thanked the staff for planning and implementing the Concert in the Park series and thanked the citizens for their attendance. She stated she attended Eagle Scout ceremonies. She reported on her participation in organizing a California First meeting. She indicated she is involved with the Economic Development Conference which will be held in the San Gabriel Valley. 12. COUNCIL COMMENTS: MPT/Huff announced that CalTrans had opened the D.B. Blvd. entrance/exit at SR 57 and closed the Pathfinder entrance/exit. The Pathfinder closure is scheduled to continue until November 15, 1996. He asked that the proposed Runoff Elections Ordinance be agendized for further discussion as well as the second access to the Diamond Ranch High School. C/Werner asked for a staff analysis'of the Diamond Ranch High School access to be forwarded to the Traffic & Transportation and Planning Commissions for consideration and recommendation to Council. AUGUST 6, 1996 PAGE 11 C/Harmony asked staff to provide a Council convention expenditure analysis. C/Herrera responded to C/Harmony that the analysis had been provided in the voucher registers. M/Ansari encouraged C/Harmony to participate in the Palm Springs International Conference of Shopping Centers Convention. She reminded the community to advise Mike Nelson of events to be included in the community calendar. 13. ANNOUNCEMENTS: None 14. ADJOURNMENT: There being no further business to conduct, M/Ansari adjourned the meeting at 10:08 p.m. LYNDA BURGESS, City Clerk ATTEST: Mayor