HomeMy WebLinkAbout10/1/1996 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
OCTOBER 1, 1996
1. CLOSED SESSION: None held.
2. CALL TO ORDER: Mayor Ansari called the meeting to order
at 6:49 p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond
Bar, California.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Joe
Ruzicka.
ROLL CALL: Council Members Harmony, Herrera,
Mayor Pro Tem Huff, Mayor Ansari.
Also present were: Terrence L. Belanger, City Manager, Frank Usher,
Assistant City Manager; Michael Jenkins, City Attorney; James
DeStefano, Community Development Director; George Wentz,
Director of Public Works; Bob Rose, Community Services Director and
Lynda Burgess, City Clerk.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Presented Certificate of Recognition to Patricia Widener, California
State Baton Twirling Champion.
3.2 Presented Certificate of Recognition to Glen & Mary Thomas upon
celebration of their 50th Wedding Anniversary.
3.3 Presented City Tile to Dr. Dan Buffington for community involvement.
Accepted by Mrs. Cathy Buffington.
(C/Werner arrived at 6:50 p.m.)
3.4 Proclaimed October, 1996 as "Escrow Month."
3.5 Proclaimed October, 1996 as "Crime Prevention Month" - accepted by
Mr. Vaughn, Community Volunteer Patrol.
3.6 Proclaimed October 7-11, 1996 as "Diamond Bar Chamber of
Commerce Week'- accepted by Art O'Daly.
3.7 Proclaimed October 7-11, 1996 as "California Rideshare Week."
3.8 Presentation of Certificate of Recognition to D.B. Honda continued to
October 15, 1996.
4. PUBLIC COMMENTS: Dr. Lawrence Rhodes thanked Council and
staff for promptly installing the signage and red curbing on Brea Canyon Rd.
He suggested that two Council members each from D.B. and Walnut meet
with Pomona and Walnut Valley Unified School Boards regarding a student
I.D. and fingerprint program -for truancy and curfew enforcement. He asked
that the matter of a City Curfew Ordinance be agendized for Council
-- discussion.
Steve Nice asked what happened to the map and deed restrictions on
Sandstone Canyon property acquired by Arciero & Sons. He expressed
concern regarding the possible contradiction of including Sandstone Canyon
OCTOBER 1, 1996 PAGE 2
in the redevelopment map.
5. SCHEDULE OF FUTURE EVENTS:
5.1 D.B. CHAMBER OF COMMERCE MIXER - October 3, 1996, 5:30
p.m., Ranch Festival site, Gateway Corporate Center.
5.2 D.B. RANCH FESTIVAL - October 4, 5 and 6, 1996 - Copley Dr. in the
Gateway Corporate Center.
5.3 TRAFFIC & TRANSPORTATION COMMISSION - October 10, 1996 -
7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.4 PLANNING COMMISSION - October 14, 1996 - 7:00 p.m. AQMD
Auditorium, 21865 E. Copley Dr.
5.5 CITY COUNCIL MEETING - October 15, 1996 - 6:30 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.6 ST. DENIS 25TH ANNIVERSARY - October 13, 1996 - Cardinal
Mahoney, Los Angeles Diocese, will preside during morning mass.
6. CONSENT CALENDAR: C/Wemer moved, M/Ansari seconded to
approve the Consent Calendar with the exception of Items 6.8 and 6.9.
Motion carried unanimously by the following Roll Call vote: (C/Harmony
abstained from voting on approval of the Rutan & Tucker invoice on the
Warrant Register and on Item 6.11.)
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff,
WAnsari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED MINUTES:
A. Regular Meeting of August 20, 1996 as amended - Continued
from September 17, 1996
B. Regular Meeting of September 3, 1996 as amended -
Continued from September 17, 1996
6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES:
A. Regular Meeting of August 12, 1996.
B. Regular Meeting of August 26, 1996.
6.3 RECEIVED & FILED PARKS AND RECREATION COMMISSION
MINUTES:
A. Regular Meeting of July 25, 1996.
6.4 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION
MINUTES:
OCTOBER 1, 1996 PAGE 3
A. Regular Meeting of July 25, 1996.
B. - Regular Meeting of August 1, 1996.
C. Regular Meeting of August 8, 1996.
6.5 APPROVED VOUCHER REGISTER dated October 1, 1996 in the
amount of $521,581.42. (C/Harmony abstained from voting to
approve payment to the law firm of Rutan & Tucker.
6.6 RECEIVED & FILED TREASURER'S REPORT for August, 1996.
6.7 REJECTED CLAIM FOR DAMAGES filed by Lydia Macias September
18, 1996 and referred the matter for further action to Carl Warren &
Co., the City's Risk Manager.
6.10 APPROVED INCREASE IN CONTRACT AMOUNT FOR. SPECIAL
LEGAL SERVICES in the amount of $6,500 for special legal services
by Michael Montgomery related to the Days Hotel Transient
Occupancy Tax (TOT) lawsuit.
6.11 APPROVED SPECIAL LITIGATION SERVICES RE: CLAIR
HARMONY VS. CITY OF DIAMOND BAR, et al, increasing the cost
of special litigation services from $25,000 to an amount not to exceed
$30,000 with the law firm of Rutan and Tucker, specifically, Leonard
Hampel. (C/Harmony abstained from voting on this matter.)
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.8 AMENDMENT TO CONTRACT FOR MAINTENANCE OF EIGHT
CITY PARKS TO ADD NATURAL AREA OF SYCAMORE CANYON
PARK CM/Belanger stated that on May 21, 1996, Council approved
a contract extension with Accurate Landscape & Maintenance
Corporation in the amount of $102,600 for July 1, 1996 through June
30, 1997, for maintenance of eight City Parks. The contract did not
include the natural area of Sycamore Canyon Park. During the last
week of September, staff worked with the California Conservation
Corps to complete a one-time cleanup of the natural area. In an effort
to maintain the natural area in a clean and aesthetically pleasing
manner, staff solicited a proposal from the City's current parks
maintenance contractor to perform a one time per week trash and
graffiti removal in the area. The monthly contract amendment cost is
$193.50. The cost for the remainder of the 1996/1997 Fiscal Year,
October 1, 1996 through June 30, 1997, is $1,742.
MPT/Huff stated that he would prefer the work be contracted to
community volunteer groups instead of paid professionals.
C/Werner suggested signage be added to the area seeking citizen's
cooperation in maintaining the natural habitat area.
OCTOBER 1, 1996
PAGE 4
C/Wemer moved, C/Herrera seconded, to approve amendment to the
contract with Accurate Landscape & Maintenance Corp. for
maintenance of 8 City Parks and include the natural area of Sycamore
Canyon Park, in an amount not to exceed $2,322, for a total annual
contract amount of $104,922. Further, to authorize transfer of
General Fund reserves in the amount of $1,742 to cover the cost of
the amendment for the remainder of the Fiscal Year. Motion carried
by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner,
M/Ansari
NOES: COUNCIL MEMBERS - MPT/Huff
ABSENT: COUNCIL MEMBERS - None
6.9 RESOLUTION NO. 96-70: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR REVERSING THE PLANNING
COMMISSION'S DECISION OF DENIAL AND APPROVING
VARIANCE NO. 96-1, A REQUEST TO INSTALL A SECOND WALL
SIGN ON THE NORTHERLY FACADE OF AN EXISTING
COMMERCIAL OFFICE BUILDING LOCATED WITHIN GATEWAY
CORPORATE CENTER AT 1370 VALLEY VISTA DRIVE, DIAMOND
BAR, CALIFORNIA - CM/Belanger stated the applicant, University of
Phoenix, requested a variance from the City's Sign Ordinance to
install a second wall sign on the northerly facade of a commercial
building. On September 17, 1996, upon conclusion of the Public
Hearing, Council directed staff to prepare a resolution approving
Variance No. 96-1.
C/Werner moved, M/Ansari seconded to adopt Resolution 96-70
reversing the Planning Commission's decision of denial and approving
Variance No. 96-1. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Werner, MPT/Huff, M/Ansari
NOES: COUNCIL MEMBERS - Harmony, Herrera
ABSENT: COUNCIL MEMBERS - None
7. PUBLIC HEARINGS: None
8. OLD BUSINESS:
8.1 - SECOND READING ' OF ORDINANCE NO. 03(1996): AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AMENDING CHAPTER 2.04 OF TITLE 2 OF THE DIAMOND
BAR MUNICIPAL CODE RELATING TO RUNOFF ELECTIONS -
MPT/Huff moved, C/Harmony seconded to approve second reading
by title only, waive full reading and adopt Ordinance No. 03(1996)
relating to runoff elections. Motion carried unanimously by the
OCTOBER 1, 1996
PAGE 5
following Roll Call vote:
AYES:
NOES:
ABSENT:
8. NEW BUSINESS:
COUNCIL MEMBERS -
COUNCIL MEMBERS -
COUNCIL MEMBERS -
Harmony, Herrera, Warner,
MPT/Huff,M/Ansari
None
None
9.1 (A) RESOLUTION NO. 96-71: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
THE POLICY AUTHORIZING THE ACCEPTANCE OF GIFTS
AND DONATIONS TO THE CITY - CNUBeianger stated that at
a recent meeting, Council directed staff to draft a policy relating
to offers of gifts and donations by private parties, organizations
and others, to the City.
In response to M/Ansari, CM/Belanger explained that staff
reviewed other city's policies which were incorporated into the
proposed policy. Gifts valued in excess of $3,000 would
require Council approval. Gifts valued below $3,000 may be
approved by the City Manager.
MPT/Huff asked how the City would arrive at a donation value.
CM/Belanger stated that, regardless of the donor's evaluation,
the City will apply comparative retail sales prices or engage. an
appropriate independent appraisal service to arrive at a value.
Council may wish to incorporate value determination methods
within the policy.
C/Werner suggested the following changes to the policy:
under the PURPOSE section, change artworms to artwodC and
change the sentence to read: ... equipment and services from:
citizens, community organizations and others..." Change the
last sentence under POLICY to read: 'The City Manager ma
make the decision for acceptance..."
CMBelanger explained that need determination is based upon
a consideration of pertinent factors such as incorporation of
additional staff or ongoing costs. The acceptance of
equipment or artwork will not necessarily increase the City's
— insurance coverage or premiums. Each situation will be
reviewed and discussed in the staff report forwarded to
Council.
In response to C/Herrera, CWBelanger indicated that staff will
OCTOBER 1, 1996 PAGE 6
include consideration of the appropriateness of gift donations
for all value categories.
In response to C/Harmony, CM/Belanger explained that the
proposed cougar statue donation project was proposed to be
completely funded through private donations. It is anticipated
that any party having an interest in offering such artwork to the
City approach Council, with an offer prior to funding solicitation
and commencement of work, to obtain Council concurrence
with and endorsement of the project.
C/Harmony asked that the Policy reference strict inventory
accountability. Once the item is donated to the City, it is an
asset that remains with the City and not be released except
under terms of the Purchasing Ordinance which provides for
disposal of surplus. He requested that the Policy include
accountability for acceptance of personal gifts.
M/Ansari indicated to C/Harmony that the City has paid for
raffle gifts and has never solicited any such items from
businesses.
CM/Belanger confirmed WAnsari's statement indicating that if
a business gives the City a gift such as a box of chocolates it
is generally raffled. Individual staff members, Council
Members and Commissioners have a responsibility under the
current rules to declare gift items. In any event, gifts or
donations are considered under the proposed policy of
acceptance.
M/Ansari asked C/Harmony to provide gift acceptance verbiage
for the proposed policy.
Joe Ruzicka commended Council for discussing the matter.
He suggested that Council appoint a standing committee or
subcommittee composed of one City Council member, the City
Manager and an expert in the field of the "gift" category.
Tent' Birrell suggested the Council set broad standard
accounting and management policies with respect to gifts and
donations to the City. She further suggested that as a matter
of standard policy, solicitation letters should be reviewed and
controlled by the City and that separate bank accounts should
be established for deposit of funds to be dispersed to the
artists. She proposed that with reference to gifts and donations
in the first paragraph following Policy after "value has been
defined," the second sentence should read: "gifts and
donations, individually or in the aggregate (from an individual
OCTOBER 1, 1996 PAGE 7
C/Werner asked that staff and/or the subcommittee incorporate
"ongoing maintenance."
MPT/Huff moved, C/Werner seconded, that further consideration of
the Gifts and Donations Policy be referred to staff and to a City
Council ad-hoc committee consisting of C/Harmony and C/Herrera.
Motion carried unanimously.
9.2 RESOLUTION NO. 96-71: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR RELATING TO THE NUMBER OF
PRESIDENTIAL APPOINTMENTS TO LEAGUE OF CALIFORNIA CITIES'
POLICY COMMITTEES - CM/Belanger stated that upon approval, direction
would be given to the Mayor to vote at the League of California Cities
Convention to support the concept that 14 Presidential appointments per
committee should be the rule for the League of California Cities.
C/Harmony moved, MPT/Huff seconded to adopt Resolution No. 96-71
relating to the number of Presidential Appointments to League of California
Cities' Policy Committees. Motion carried unanimously.
-- RECESS: M/Ansari recessed the Council meeting to the Redevelopment .
Agency meeting 8:33 p.m.
RECONVENE: WAnsari reconvened the City Council meeting at 8:42 p.m.
9.. COUNCIL SUB -COMMITTEE REPORTS: C/Herrera reported that she and
WAnsari attended the International Council of Shopping Centers Western States
Conference on September 26 & 27. She commended Mike Nelson for his video
presentation preparation.
C/Werner thanked M/Ansari, C/Herrera and staff for representing D. B. at the Palm
Springs Conference. He asked if the display could be present at the Ranch
Festival. He requested the City send condolences and flowers to the October 2
funeral services for City of Industry's Mayor John Ferrero.
M/Ansari stated she would attend the funeral services. The City will make a
donation to the American Heart Association in lieu of flowers as requested by the
family of Mayor Ferrero. Mr. Ferrero served as Mayor of the City of Industry for 39
years, which is a country -wide record. She then asked that the City's CD-ROM
Marketing program be shown at the next Council meeting. She indicated that the
League of Cities and SCAG are concerned about AB 218. AB 204 (Delta water)
and AB 218 will be discussed at the October 15 Council meeting. She stated she
and C/Werner attended the BSS meeting and that she had spoken at the YMCA's
Voices of Votes. She reminded citizens that the Ranch Festival would be held
October 4-6. The Chamber of Commerce and Waste Management will co -host a
reception on Thursday, October 3, at 5:30 p.m.
OCTOBER 1, 1996 PAGE 8
10. COUNCIL COMMENTS: None
11. ANNOUNCEMENTS: None
12. ADJOURNMENT: There being no further business to conduct,
M/Ansari adjourned the meeting at 8:54 p.m. in memory of --Mayor John Ferrero.
LY A BURGESS, city Clerk
ATTEST:
Mayor