HomeMy WebLinkAbout08/05/1997 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
AUGUST 5, 1997
CLOSED SESSION: To be held immediately prior to the
Redevelopment Agency Meeting: Re: Government Code Section 54956.6
regarding pending litigation: Barbara Beach-Courchesne, et al, vs. the City
of Diamond Bar.
2. CALL TO ORDER: Mayor Huff called the meeting to order at
6:40 p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar,
California.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor
Pro Tem Herrera.
INVOCATION: None
ROLL CALL: Council Members Ansari, Harmony,
Werner, Mayor Pro Tem Herrera and Mayor Huff.
Also present were: Terrence L. Belanger, City Manager;
James DeStefano, Deputy City Manager; Frank Usher; Deputy City
Manager; Amanda Susskind, Assistant City Attorney; David Liu,
Deputy Public Works Director; Bob Rose, Community Services
Director; Linda Magnuson, Assistant Finance Director and Lynda
Burgess, City Clerk.
APPROVAL OF AGENDA: Amended to add Closed Session.
Consensus of Council to approve.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Supported the "14th Annual National Night Out" on August 5, 1997
and recognized: Nicole Haserot for reporting a robbery in progress at
Burger King; and Earl Stockton for reporting a home burglary in
progress leading to the apprehension of four suspects.
3.2 Certificates of Recognition to Robert Keller, Excel Construction and
Andre Tardif, Walnut Valley Rotary for assisting in the renovation of
the D.B. Community Services Center - Continued to August 19, 1997,
BUSINESS OF THE MONTH:
3.3 Presentation of City Tile to Gil Villavicencio, owner of the Whole
Enchilada Restaurant - Continued to August 19, 1997.
4. PUBLIC COMMENTS: Jerry Hamilton stated that, on behalf of the
senior citizens club, the senior center at Heritage Park is too small to
adequately serve the 175 member organization. He pointed out that
surrounding cities provide more extensive programs for their seniors.
AUGUST 5, 1997 PAGE 2
Bob Arceo complained that the City had done nothing to mitigate the Chino
Hills cut through traffic and wanted to know who pays for the Chamber of
Commerce's publication The View. He asked the City to help the seniors_
Martha Bruske thanked the City for parking enforcement. Regarding
Consent Calendar Item No. 6.6, she asked that the City also address skunk
control. Because the City has no Parking Ordinance to assure street
availability, the large sum of money that is paid for street sweeping does not
insure that the streets will be cleaned. She complimented the City's Graffiti
removal effort and asked if staff has statistics regarding the severity of the
Graffiti problem. She asked that this be placed on the Council's agenda for
discussion. She then asked why taxpayers were spending monies for Sister
City events and requested an explanation of the City's policy regarding
donations to non-profit organizations. Further, she wondered why the City
would be paying the City Engineer to attend Council meetings if this person
is a City employee. She also asked who on staff would evaluate and quantify
the Concerts in the Park shuttle expense for the City Council.
Mei-Mei Ho, Sister City Treasurer, thanked the Mayor, Council members and
others for their assistance and hospitality during the Taiwan exchange
student group's stay in D.B. She said the organization expects to send D.B,
students to Taiwan in 1998.
David Rutherford, member of Sister City Inc., thanked the City for its support.
Clyde Hennessee thanked staff for the work completed on Sunset Crossing
Rd. He pointed out that seniors in other cities have often waited for many
years to obtain adequate facilities. He reminded Council that when the Sister
City organization was formed, the City indicated there. would be no taxpayer
monies spent on related events.
Nancy Tovar, Foothill Transit Community Outreach Coordinator, extended
support to the City and community organizations.
Carolyn Elfelt expressed concern about misleading information being
distributed by persons collecting signatures to referend the Redevelopment
Agency. She pointed out that a special election will cost the City $70,000
and listed numerous redevelopment benefits to the City and its residents.
She stated there will be no increase in taxes as a result of redevelopment.
Terry Birrell disagreed with Mrs. Elfelt's comments.
CM/Belanger explained that the Chamber of Commerce's publication The
View is funded by advertising and by the Chamber itself. Coyote and skunk
control is necessary because the Humane Society and the Department of
Fish & Game have no relocation policies for these animals because they are
not considered necessary for ecological balance. The Redevelopment
Agency will never and can never borrow more than approximately
AUGUST 5, 1997
PAGE 3
$49,000,000. The plan limits the amount that can be borrowed under bonded
indebtedness. There cannot be $300,000 in bonded indebtedness.
$264,000,000 is projected to be the total revenue over the entire 40 year
period of the Redevelopment Plan.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION MEETING (Development Code) August 5,
1997 - 6:00 P.M., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.2 CONCERT IN THE PARK - BOBBY COCHRAN & THE ROCK
AROUND THE CLOCK SHOW (50's) - August 6, 1997 - 6:30 to 8:00
p.m., Sycamore Canyon Park, 22930 Golden Springs Dr.
5.3 PLANNING COMMISSION - August 12, 1997 - 6:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.4 CONCERTS IN THE PARK - UPSTREAM (Calypso) - August 13,
1997 - 6:30 to 8:00 p.m., Sycamore Canyon Park, 22930 Golden
Springs Dr.
5.5 TRAFFIC & TRANSPORTATION COMMISSION - August 14, 1997 -
7:00 p.m., AQMD Board Hearing Room, 21865. E. Copley Dr.
5.6 CITY COUNCIL MEETING - August 19, 1997 - 6:30 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.7 PLANNING COMMISSION - (Development Code) -August 19, 1997 -
6:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.8 ECONOMIC REVITALIZATION TOWN HALL MEETING - August 23,
1997 - AQMD Auditorium, 21865 E. Copley Dr.
6, CONSENT CALENDAR: C[Werner moved, MPT/Herrera
seconded to approve Consent Calendar with the exception of Item Nos. 6.12,
6.14 and 6.16. Motion carried by the following Roll Call vote: (C/Ansari and
C/Harmony voted NO on Item 6.9 and C/Harmony voted NO on Item 6.15.)
AYES: COUNCIL MEMBERS -
NOES: COUNCIL MEMBERS -
ABSENT: COUNCIL MEMBERS -
6.1 APPROVED MINUTES:
Ansari, Harmony, Werner,
MPT/Herrera, MIHuff
None
None
6. 1.1 Regular Meeting of July 1, 1997 - As submitted.
6.1.2 Regular Meeting of July 15, 1997 - As submitted.
6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MINUTES:
6.2.1 Special Meeting of June 12, 1997.
6.2.2 Regular Meeting of June 26, 1997,
6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES:
AUGUST 5, 1997 PAGE 4
6.3.1 Regular Meeting of June 10, 1997.
6.3.2 Regular Meeting of June 24, 1997.
6.3.3 Regular Meeting of July 8, 1997.
6.4 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION
COMMISSION MINUTES:
6.4.1 Regular Meeting of May 8, 1997.
6.5 APPROVED VOUCHER REGISTER - dated August 5, 1997 in the
amount of $1,089,979.31.
6.6 REVIEWED AND APPROVED TREASURER'S REPORT - for June,
1997.
6.7 APPROVED NOTICE OF COMPLETION - Accepted work performed
by MacKenzie Electric, Inc.; authorized the City Clerk to file the Notice
of Completion and release any retention amounts 35 days after
recordation; and authorized the City Manager to sign the change order
of $4,305.
6.8 APPROVED DIAMOND BAR BOULEVARD UNDERGROUND
UTILITY DISTRICT NO. 2 - AWARD OF SERVICE REQUEST FOR
CONSTRUCTION OF UNDERGROUND SERVICE CABINETS TO
LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS -
Approved construction of Underground Service Cabinets on D.B. Blvd.
between Goldrush Dr. and Temple Ave. by L.A. County Department
of Public Works in an amount not to exceed $40,000.
6.9 ADOPTED RESOLUTION NO. 97-58: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING FOR
TWELVE MONTHS, CONDITIONAL USE PERMIT NO. 96-10, AND
DEVELOPMENT REVIEW NO. 96-9, A REQUEST FOR CO -
LOCATION OF A TELECOMMUNICATIONS FACILITY BY COX
COMMUNICATIONS AND PACIFIC BELL MOBILE SERVICES,
CONSISTING OF THREE ANTENNAS AND EQUIPMENT CABINETS
AT 24401 DARRIN DRIVE, DIAMOND BAR, CALIFORNIA - approved
placement of a wireless telecommunication facility at 24401 Darrin Dr.
for a 12 -month period (ClAnsari and C/Harmony voted No).
6.10 APPROVED ADDENDUM TO AGREEMENT FOR USE OF
FACILITIES WITH POMONA UNIFIED SCHOOL DISTRICT - and
Amendment to Attachment 1 of the Agreement.
6.11 APPROVED CONTRACT AMENDMENT WITH CATHCARTIBEGIN -
for design services for athletic field lighting and drainage/irrigation
project at Peterson Park. Increased contract amendment in the
amount of $2,700 for a total contract of $39,560.
AUGUST 5, 1997
PAGE 5
6.13 AWARDED PROFESSIONAL SERVICES AGREEMENT FOR
DESIGN OF THE ENVIRONMENTAL ENHANCEMENT MITIGATION
(E.E.M) TREE PLANTING PROJECT ALONG SR 57 FREEWAY TO
HEIMBERGER HIRSCH AND ASSOCIATES, INC. - for design of
plans and specifications for the Environmental Enhancement
Mitigation Tree Planting Project along SR 57 Fwy. in an amount not
to exceed $29,800.
6.15 AWARDED INSPECTION SERVICES FOR TRACTS
32400152228152203152204 IMPROVEMENT PROJECTS - to Charles
Abbott Associates in an amount not -to -exceed $51,319.87
(C/Harmony voted No).
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.12 APPROVAL. OF AMENDMENT NO. 3 TO THE CONSULTING
SERVICES AGREEMENT WITH J. MICHAEL HULS, R.E.A., FOR
ENVIRONMENTAL MANAGEMENT SERVICES - Following
discussion, MPT/Herrera moved, seconded by C/Ansari, to approve
Amendment No. 3 with J. Michael Huls, R.E.A., in an amount not -to -
exceed $40,000 for services relating to administration of the City's
solid waste permit system, coordination of AB 939 and program
activities, and implementation of the NPDES Permit requires. Motion
carried by the following Roll Call vote:
AYES. COUNCIL MEMBERS - Ansari, Harmony,
MPT/Herrera, M/Huff
NOES: COUNCIL MEMBERS - Werner
ABSENT. COUNCIL MEMBERS - None
ClHarmony left the meeting at 8:05 p.m.
6.14 AWARDED CONTRACT FOR DESIGN SERVICES FOR TRAFFIC
SIGNALS ON DIAMOND BAR BOULEVARD AT MONTEFINO
AVENUE AND AT QUAIL SUMMIT DRIVE - moved by C/Ansari to
award contract for design services for traffic signals to DKS
Associates in an amount not -to -exceed $13,540. Following
discussion, C/Ansari withdrew her motion. C/Ansari moved, seconded
by MPT/Herrera to continue the matter to the August 19, 1997
meeting. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - A n s a r i, Werner,
MPT/Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Harmony
6.16 AUTHORIZATION FOR ADDITIONAL PARKS MAINTENANCE -
Moved by C/Ansari, seconded by ClWerner to approve Items 6.16a, -
AUGUST 5. 1997 PAGE 6
b and c. Motion carried by the following Roil Call vote:
AYES: COUNCIL MEMBERS - A n s a r i, We r n e r,
MPT/Herrera, MIHuff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Harmony
(a) AUTHORIZED ADDITIONAL WORK BY PARKS
MAINTENANCE CONTRACTOR ON AS -NEEDED BASIS -
authorized the City Manager to approve additional work as needed by
Accurate Landscape & Maintenance Corp. for maintenance of the
City's eight public parks in an amount not -to -exceed $8,600 for FY
199711998. Further authorized the City Manager to approve the
purchase of paper products for the City's seven park restrooms by
Accurate Landscape & Maintenance Corp. in an amount not -to -
exceed $3,400 for FY 199711998.
(b) AUTHORIZED ADDITIONAL WORK BY L.L.A.D. NO. 38
MAINTENANCE CONTRACTOR ON AS -NEEDED BASIS -
authorized the City Manager to approve additional work as needed by
Mariposa Horticultural Ent., Inc. for maintenance of L.L.A.D. No. 38 in
an amount not -to -exceed $7,500 for FY 199711998. -�
(c) AUTHORIZED ADDITIONAL WORK BY L.L.A.D. NO. 39
MAINTENANCE CONTRACTOR ON AN AS -NEEDED BASIS -
authorized the City Manager to approve additional work -as needed by
Accurate Landscape & Maintenance Corp. for • maintenance of
L.L.A.D. No. 39 in an amount not -to -exceed $5,000 for FY 199711998.
(d) AUTHORIZED ADDITIONAL WORK BY L.L.A.D. NO. 41
MAINTENANCE CONTRACTOR ON AN AS -NEEDED BASIS -
authorized the City Manager to approve additional work as needed by
Landscape West, Inc. for maintenance of L.L.A.D. No. 41 in an
amount not -to -exceed $5,000 for FY 199711998.
7. PUBLIC HEARINGS:
7.1 RESOLUTION NO. 97-59: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ADOPTING THE LOCAL
IMPLEMENTATION REPORT (LIR) AND CERTIFYING THAT THE
CITY OF DIAMOND BAR MEETS THE CONFORMITY CRITERIA OF
THE 1995 CONGESTION MANAGEMENT PROGRAM (CMP) -
MIHuff opened the Public Hearing.
There being no testimony offered, MIHuff closed the Public Hearing.
C/Ansari moved, MPT/Herrera seconded, to adopt Resolution No. 97-
59 adopting the Local Implementation Report (LIR) and certifying that
AUGUST 5, 1997
PAGE 7
the City meets the conformity standards of the 1995 Congestion
Management Program (CMP). Motion carried by the following Roll
Call vote.
AYES: COUNCIL MEMBERS - Ansari , Werner,
MPT/Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Harmony
7.2 (a) ORDINANCE NO. 05(1997): AN ORDINANCE OF THE CITY OF
DIAMOND BAR RELATING TO THE REGULATION OF TAXICABS
AND TAXICAB DRIVERS.
M/Huff opened the Public Hearing.
There being no testimony offered, M/Huff closed the Public Hearing.
C/Werner moved, MPT/Herrera seconded, to waive full reading and
approve first reading by title only of Ordinance No. 05(1997) relating
to regulation of taxicabs and taxicab drivers. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS- Ansari, Werner,
MPT/Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Harmony
(b) RESOLUTION NO. 97-60: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING THE
REIMBURSEMENT OF FEES FOR ISSUANCE OF REGULATORY
LICENSES AND PERMITS FOR THE OPERATION OF TAXICABS
AND OTHER VEHICLES FOR HIRE - ClWerner moved,
MPT/Herrera seconded, to adopt Resolution No. 97-60 establishing
reimbursement of fees for issuance of regulatory licenses and permits
for the operation of taxicabs and other vehicles for hire. Motion
carried by the following Roll Call vote:
Uw*
NOES:
ABSENT
8. OLD BUSINESS:
COUNCIL MEMBERS -
COUNCIL MEMBERS -
COUNCIL MEMBERS -
Ansari, Werner,
MPT/Herrera, MIHuff
None
Harmony
8.1 DISCUSSION OF BUDGET REQUEST BY DIAMOND BAR
CHAMBER OF COMMERCE.
Frank Dursa opposed subsidizing the Chamber of Commerce.
AUGUST 5, 1997
PAGE 8
Gordon Dills, Chamber of Commerce Executive Director, pointed out
that this is a contract to provide needed services to the City's
residents.
C/Ansari moved, MPT/Herrera seconded, to enter into an agreement
with the D.B. Chamber of Commerce for FY 97198 and 98199 for
specified services and to compensate the Chamber in an amount not -
to -exceed $24,000 for FY 97198 and $12,000 for FY 98199. Motion
carried by the following Roll Call vote:
AYES. COUNCIL MEMBERS - Ansari , We r n e r,
MPT/Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Harmony
8.2 SELF-INSURANCE AUTHORITY FOR EFFECTIVE RISK
MANAGEMENT (SAFER) BOARD OF DIRECTORS: APPOINTMENT
OF BOARD MEMBER AND ALTERNATE - MIHuff recommended
C/Werner as delegate and MPT/Herrera as alternate. Council
concurred on these appointments.
8.3 DIAMOND BAR RANCH FESTIVAL - DISCUSSION OF OPTIONS
FOR CITY SUPPORT - Continued to August 19, 1997. MPT/Herrera
suggested appointment of a subcommittee to work out the details with
the Ranch Festival directors prior to the next Council meeting.
C/Ansari moved, MPT/Herrera seconded, to appoint C/Ansari and
MPT/Herrera to an ad hoc committee to work with the Ranch Festival.
Motion carried 4-0.
NEW BUSINESS:
9.1 TRANSMITTAL OF THE DRAFT CITYWIDE COMPREHENSIVE
PARKS MASTER PLAN - Debby O'Connor pointed out that persons
attempting to collect Redevelopment referendum petition signatures
are making statements that eliminating redevelopment would not
affect the City's parks. The Parks Master Plan proposes
Redevelopment Agency funding for parks improvements.
C/Ansari moved, C/Werner seconded, to direct staff to develop a
Town Hall meeting schedule for the Parks Master Plan discussion.
Motion carried 4-0.
CLOSED SESSION: C/Herrera moved, C/Ansari seconded, to confirm the fact
that the matter pertaining to an existing lawsuit was not known by the City at the
time the agenda for tonight's meeting was prepared and distributed. Motion to
proceed with a Closed Session Re: Government Code Section 54956.9a re:
pending litigation, Barbara Beach-Courchesne, et al vs. City of D.B. carried by the
AUGUST 5, 1997 PAGE 9
following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Werner, MPT/Herrera, MIHuff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Harmony
RECESS: MIHuff recessed the meeting to Closed Session at 9:15 p.m.
RECONVENE: MIHuff reconvened the City Council meeting at 10:27 p.m.
ACA/Susskind reported that Council directed that the City Attorney will represent the
City in the matter of the litigation, Barbara Beach-Courchesne, et al, vs. all persons
interested in the Redevelopment Plan for the Diamond Bar Revitalization Area, et
al - Case #BC 175655.
RECONVENE TO REDEVELOPMENT AGENCY MEETING -10:28 p.m.
RECONVENE CITY COUNCIL MEETING: 10:47 p.m.
10. COUNCIL SUB -COMMITTEE REPORTS: C/Ansari reported on her
attendance at the League of California Cities, the Four Corners meeting and the San
Gabriel Valley Commerce and Cities Consortium meeting.
C/Werner spoke about his attendance at the California Joint Powers Insurance
Authority semi-annual meeting and the Wildlife Corridor closed session.
MPT/Herrera thanked the Sister City organization members for their participation
during the recent student visits and Nick Anis for his effort in securing contributions
from local businesses for the event.
MIHuff commented on the City's cut -through traffic problems and how the City can
work with other City governments toward a solution.
11. COUNCIL COMMENTS: None
12. ANNOUNCEMENTS: None
13. ADJOURNMENT: There being no further business to
conduct, MIHuff adjourned the meeting at 11:02 p.m.
LYNDA BURGESS, City Clerk
ATTEST-
ayor