HomeMy WebLinkAbout12/17/1996 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 17, 1996
CALL TO ORDER: Mayor Huff called the meeting to order at
4:30 p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar,
California.
PLEDGE'OF ALLEGIANCE: Council Member Harmony led the Pledge
of Allegiance.
2. ROLL CALL: Council Members Ansari, Harmony,
Werner, Mayor Pro Tem Herrera, Mayor Huff.
Also present were: Terrence L. Belanger, City Manager; Frank Usher,
Assistant 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.
SPECIAL CITY COUNCIL WORKSESSION WITH ASSEMBLYMAN GARY
MILLER TO DISCUSS MATTERS OF MUTUAL CONCERN AND
PROPOSED LEGISLATION.
C/Werner asked what pending legislation would benefit the City's tax
revenues. He further asked for an update regarding the State Constitution.
Assy/Miller responded the Constitution is currently under consideration. He
indicated that the State transferred half of the "fines and forfeitures" revenue
back to cities. Further, he stated that two continuing major issues are the
ERA and welfare reform. He reported that he was currently working within
his jurisdiction to determine how more money can be returned to cities
through property tax and sales tax revenue.
Also in response to C/Werner, Assy/Miller agreed that a resolution would
assist D.B. with funding procurement for items such as a senior citizen's
facility and in resolving the RDA issue. He indicated that the City ought to
work with the City of West Covina to promote beneficial legislation.
C/Ansari suggested an urgency bill to clarify the assessments exempted from
Initiative 218. She asked when a vote of the people is required.
Assy/Miller responded that Legislative Counsel is reviewing Initiative 218 and
will provide an analysis to the State Assembly.
In response to C/Ansari, Assy/Miller stated that Governor Wilson vetoed
extending the property tax rule from eight to ten years but that he would be
DECEMBER 17, 1996 PAGE 2
meeting with the Governor in mid-January to discuss this item. He invited
M/Huff to attend the meeting.
In response to C/Harmony, Assy/Miller explained that D.B. has no revenues.
The $3.8 billion taken from cities and counties in 1991 was an excessive
amount of money based upon the actual generation of revenues to the
State's general fund. The State's major recession impact occurred when
California taxes were increased and the State took monies from local
governments. He indicated that D.B. needs to stimulate economic
development because of the competition for sales tax dollars. Cities receive
so little return of property tax dollars that they must compete for sales tax
dollars. Formation and benefit of a Redevelopment Agency is a city matter.
Further, he indicated that his responsibility as an Assemblyman is to attempt
to return the maximum amount of tax dollars back to the city.
In response to MPT/Herrera, Assy/Miller indicated that California's major
challenges are to change the way it conducts business spending and address
welfare reform. He suggested that Council direct the City Manager to meet
with West Covina's City Manager and be involved in RDA legislation.
C/Ansari expressed concern regarding the SR57/SR60 HOV interchange
funding.
Assy/Miller assured C/Ansari that D.B. will receive the interchange funding.
M/Huff encouraged Assy/Miller to be sensitive to the initiatives endorsed by
the League of California Cities and in particular, the COG'S. Cities are very
concerned with transportation funding.
Assy/Miller assured M/Huff that State transportation revenues are increasing
more rapidly than anticipated; therefore, there is no need for the State to take
local funds.
In response to C/Wemer, Assy/Miller reported that he would seek City input
on any proposed Constitution Revision Committee legislation prior to voting.
Lydia Plunk asked Assemblyman Miller to investigate the Joint Powers
Authority with respect to the Tonner Canyon Wildlife Corridor issue.
Wilbur Smith expressed concern about funding for education and suggested
that the State should monitor discipline in schools.
Assy/Miller agreed with Mr. Smith regarding discipline in schools.
Educational funding is not a legislative issue. Passage of Proposition 98
mandated the amount of money that must be spent for education.
DECEMBER 17, 1996 PAGE 3
Approximately 53% of the State's general fund budget is spent for education.
Don Schad asked Assy/Miller if a survey had been conducted to determine
if conservancies can assist in supplementing education and saving tax
dollars.
Assy/Miller responded that he was unaware of any such survey. He
suggested that colleges could benefit from working with local conservancies.
M/Huff thanked Assemblyman Miller for meeting with the City Council.
RECESS: M/Huff recessed the meeting at 5:25 p.m.
RECONVENE: M/Huff reconvened the meeting at 5:30 p.m.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS - None
4. PUBLIC COMMENTS: Wilbur Smith expressed concern regarding
the land slippage along Morning Sun Ave. and asked for an update with
regard to the City's position on the landslide and what progress has been
made toward mitigation of the situation. He also asked for clarification of
Consent Calendar Item 6.10.
CM/Belanger explained that Consent Calendar Item 6.10 is to award a
contract to provide consulting services to prepare a draft Environmental
Impact Report for SunCal Company's proposed project for Vesting Tentative
Tract Map No. 52267.
Jerry Hamilton asked Council to consider rebroadcasting Council meetings
on Channel 12 on Saturday morning.
Lydia Plunk expressed concern that D.B. citizens are not receiving
information regarding the Joint Powers Authority's consideration of the
establishment criteria for the Wildlife Corridor area in Tonner Canyon.
Red Calkins stated that his request for double yellow centerline striping on
Prospectors Rd. from Golden Springs Dr. to the north side of SR 60 had not
yet been considered by the Traffic & Transportation Commission. He asked
when the City would finish Sunset Crossing Rd. from D. B. Blvd. north to the
end of the cul-de-sac.
Oscar Law expressed concern regarding travel expenditures in connection
with the Sister City relationship.
5. SCHEDULE OF FUTURE EVENTS:
DECEMBER 17, 1996 PAGE 4
5.1 PARKS & RECREATION COMMISSION - December 19, 1996 - 7:00
p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.2 CHRISTMAS HOLIDAY - December 24 & 25, 1996 - City offices will
be closed in observance. Offices will reopen on Thursday, December
26, 1996. City offices will also be closed January 1, 1997 and will
reopen Thursday, January 2, 1997.
5.3 CITY COUNCIL MEETING - January 7, 1996 - 6:30 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.4 DIAMOND BAR CHRISTMAS TREE RECYCLING PROGRAM -
Ongoing from December 26, 1996 through January 18, 1997.
6. CONSENT CALENDAR: MPT/Herrera moved, C/Werner seconded,
to approve the Consent Calendar, with the exception of Item 6.12. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner,
MPT/Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None --
6.1 APPROVED MINUTES - Regular meeting of December 3, 1996 as
submitted.
6.2 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION
MINUTES - Regular meeting of October 10, 1996.
6.3 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular
meeting of November 25, 1996.
6.4 APPROVED VOUCHER REGISTER dated December 17, 1996 in the
amount of $306,694.25.
6.5 REJECTED CLAIM FOR DAMAGES - filed by Damon Baughn on
December 2, 1996 and referred the matter for further action to Carl
Warren & Co., the City's Risk Manager.
6.6 RECEIVED & FILED COMPREHENSIVE ANNUAL FINANCIAL
REPORT AND FINAL AUDIT REPORTS FOR YEAR ENDED JUNE
20, 1996.
6.7 ACCEPTED NOTICE OF COMPLETION FOR EMERGENCY REPAIR
WORK OF SYCAMORE CANYON CREEK BED REPAIR - Accepted
DECEMBER 17, 1996 PAGE 5
the work conducted by Gueno Development Co. and authorized the
City Clerk to file the Notice of Completion and release retention
amounts.
6.8 ADOPTED RESOLUTION NO. 96-74: 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 ELECTIONS CODE SECTION 17200 - "An
Initiative to Adopt a General Plan" filed October 4, 1995.
6.9 ADOPTED RESOLUTION NO. 96-75: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS
AND SPECIFICATIONS FOR THE INSTALLATION OF ATHLETIC
FIELD LIGHTING AT PETERSON PARK IN SAID CITY AND
AUTHORIZED AND DIRECTED THE CITY CLERK TO ADVERTISE
TO RECEIVED BIDS.
6.10 AWARDED CONTRACT TO PROVIDE ENVIRONMENTAL
SERVICES FOR PROPOSED VESTING TENTATIVE TRACT MAP
NO. 52267 - to BonTerra Consulting in the amount of $85,000.
6.11 AUTHORIZED AMENDMENT TO THE DIAMOND BAR PARK -N -
RIDE LOT EXPANSION COOPERATIVE AGREEMENT BETWEEN
THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) AND THE CITY OF DIAMOND
BAR - authorized the Mayor to execute the cooperative agreement to
amend the termination date from January 1, 1997 to January 1, 1999.
6.13 AUTHORIZED INCREASE IN CONTRACT AMOUNT FOR
MORSHED & ASSOCIATES - increase in the amount of $6,000 for
legislative advocacy services for Morshed & Assoc. and The Ewing
Group.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.12 AUTHORIZED INCREASE IN CONTRACT AMOUNT WITH
RICHARDS, WATSON & GERSHON FOR CABLE TELEVISION
FRANCHISE - C/Ansari suggested that Jones Intercable participate
in payment of additional legal fees as a result of extended negotiations
which were not caused by the City.
CM/Belanger stated that staff intends to pursue extraordinary legal
funds, reimbursement of legal transfer costs and protracted process
costs resulting from corporate activities.
DECEMBER 17, 1996
PAGE 6
In response to C/Harmony, CM/Belanger explained that the transfer
agreement is a cause for additional legal fees. Because negotiations
did not proceed in an orderly fashion, additional costs will be incurred
as a result of Century Cable's after -the -fact involvement. As a result,
certain legal fees resulting from negotiations with Jones Intercable
were wasted.
In response to C/Ansari, CA/Jenkins explained that cities may not
deny cable company transfers unless they can demonstrate that the
transferee company is unqualified to perform or lacks the financial
capability of operating the system. When transfers are proposed,
cities have access to studies conducted in other areas. Studies
indicate that Century Cable is a very. experienced operator, is heavily
leveraged and is increasing its California holdings. D.B. may conduct
an independent study which would require analysis of Century Cable's
financial condition. Federal law limits what cities may request during
negotiations.
In response to C/Harmony, CA/Jenkins stated that the City will seek
full legal fund reimbursement from the cable company.
C/Ansari moved, MPT/Herrera seconded to approve an increase in
the contract amount with Richards, Watson & Gershon for special
legal services in an amount not to exceed $8,000 and direct the city
to attempt to recover legal fees from Jones Intercable. Motion carried
by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner,
MPT/Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ADJOURNMENT: There being no further business to conduct,
M/Huff adjourned the meeting to Thursday, December 19, 1996 at 6:30 p.m.
LY DA BURGESS, City Clerk