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Home My WebLink About05/06/1997 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 6, 1997 1. CLOSED SESSION: 5:30 p.m., AQMD Rooms CC -3 & 5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (G.C. Section 54956.8): PROPERTY: Former Water District property, westerly side of Brea Canyon Road north of Pathfinder Road NEGOTIATING PARTIES: Estates LLA UNDER NEGOTIATION: ADJOURNMENT: at 6:15 p.m. City of Diamond Bar and Diamond Crest Material terms of the agreement Mayor Huff adjourned the Closed Session 2. CALL TO ORDER: Mayor Huff called the meeting to order at 6:37 p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led Mayor Pro Tem Herrera. INVOCATION: Pastor Rick Motz, Evangelical Free Church of Diamond Bar ROLL CALL: Council Members Ansari, Harmony, Werner, Mayor Pro Tem Herrera and 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. In regard to the Closed Session held earlier, CA/Jenkins announced that Council gave direction to the City Manager to extend negotiations with Diamond Crest Estates LLA. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Commendation presented to Mark Tuinel, Dallas Cowboys #71 for giving his time and resources to the D.B. Pop Warner Football and Cheerleading Assn. 3.2 Commendation presented to the D.B. Pop Warner Football and MAY 6, 1997 PAGE 2 CITY COUNCIL Cheerleading Assn. for their continued activities toward D.B. youth. 3.3 PROCLAMATIONS: 3.3.1 Proclaimed May, 1997 as "Water Awareness Month". 3.3.2 Proclaimed May, 1997 as "Bicycle Appreciation Month". 3.4 BUSINESS OF THE MONTH 3.4.1 Presented City Tile to Tony and Sadie D'Agnenica of D'Antonio's Italian Restaurant. 4. PUBLIC COMMENTS: Assistant Fire Chief Gary Lockhart reminded the public that Fire Service Day occurs May 10, 1997. Fire stations will be open to visitors during that day. Station 119 will host an exposition and activities. He then spoke about the passage of Proposition 218 and the right to vote on taxes. He indicated the Fire Department relies heavily on benefit assessments which will result in a $51 million loss beginning July 1, 1997. Passage of Measure "E" on the June 3, 1997 ballot will restore these lost funds. Dr. Lawrence Rhodes expressed support of Consent Calendar Item 6.8. With respect to Item 6.16, he requested that the City instruct the contractor to attempt to use more uniform colors of paint to cover graffiti. With respect to the item before the Traffic & Transportation Commission on Thursday, May 8, 1997, he indicated that the residents favor installation of red curbing on both sides of Washington St. at Lincoln Ave. Clyde Hennessey asked why Sunset Crossing Rd. street improvements are not on the agenda for discussion. He commended the City for installation of the Sunset Crossing Road cul-de-sac and requested stop signs at the intersection of Sunset Crossing at Prospectors Rd. Debby O'Connor thanked the Community Services Department and staff for their dedication and diligence in presenting the 8th Anniversary Celebration. 8.2 PARKS & RECREATION COMMISSION VACANCY APPOINTMENT (Continued from April 15, 1997) - CANerner nominated Karen Holder, seconded by C/Harmony. The nomination was approved by the following Roll Call vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - 5. SCHEDULE OF FUTURE EVENTS: Ansari, Harmony, Werner, MPT/Herrera, M/Huff None None 5.1 TRAFFIC & TRANSPORTATION COMMISSION - May 8, 1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. MAY 6, 1997 PAGE 3 CITY COUNCIL 5.2 PLANNING COMMISSION - May 13, 1997 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - May 20, 1997 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C1Ansari moved, C/Werner seconded, to approve the Consent Calendar. Motion carried by the following Roll Call vote with C1Harmony abstaining on Item 6.12: AYES: COUNCIL MEMBERS - Ansari Harmony, Werner, MPT/Herrera, MlHuff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES - Regular Meeting of April 15, 1997 - As submitted. 6.2 RECEIVED AND FILED TRAFFIC - AND TRANSPORTATION COMMISSION MINUTES - Regular Meeting of March 13, 1997. 6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES - Regular Meeting of March 25, 1997. 6.4 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of March 27, 1997. 6.5 APPROVED VOUCHER REGISTER - dated May 6, 1997, in the amount of $723,868.09. 6.6 REVIEWED & APPROVED TREASURER'S REPORT - month of March, 1997. 6.7 ADOPTED RESOLUTION NO. 97-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR SLURRY SEAL, AREA SEVEN IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - CM/Belanger pointed out that these pians and specifications also include Sunset Crossing Rd. 6.8 (A) ADOPTED RESOLUTION NO. 97-29; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS OF BREA CANYON ROAD FROM GOLDEN SPRINGS ROAD TO NORTHERLY CITY LIMITS AT U.P.R.R. AND PATHFINDER ROAD FROM SHADED WOOD ROAD TO DIAMOND BAR BOULEVARD FOR THE STREET MAY 6, 1997 PAGE 4 CITY COUNCIL REHABILITATION PROJECT, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. (B) APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH NORRIS-REPKE, INC. FOR CONSTRUCTION ADMINISTRATION/ INSPECTION OF BREA CANYON ROAD AND PATHFINDER ROAD STREET REHABILITATION PROJECT - in an amount not to exceed $31,659 and provided a contingency amount of $5,000 for contract amendment(s) to be approved by the City Manager, for a total amount of $36,659. 6.9 ADOPTED RESOLUTION NO. 97-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF SIDEWALKS ALONG ASPEN GROVE LANE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.10 AWARDED CONSTRUCTION CONTRACT TO VANCE CORP. FOR D I A M O N D B A R B O U L E V A R D - RECONSTRUCTION/REHABILITATION BETWEEN GRAND AVENUE AND PALOMINO DRIVE - in an amount not to exceed $932,950 and provided a contingency amount of $100,000 for project change orders to be approved by the City Manager, for a total amount of $1,032,950. 6.11 AWARDED CONTRACT FOR PETERSON PARK ADD RETROFIT TO MJS CONSTRUCTION, INC. - in the amount of $187,486.50, plus a contingency amount of $15,000. 6.12 AWARDED CONTRACT FOR GEOTECHNICAL. INVESTIGATION SERVICES FOR CHINOOK PLACE/SAN LEANDRO DRIVE (AND VICINITY STREETS INCLUDING COVERED WAGON DRIVE, BALLENA DRIVE, BREGANTE DRIVE) TO CONVERSE CONSULTANTS WEST - in an amount not to exceed $16,766 and provided a contingency amount of $2,000 for contract amendment(s) to be approved by the City Manager, for a total amount of $18,766. 6.13 AWARDED CONTRACT FOR INSTALLATION OF TRAFFIC SIGNALS ON DIAMOND BAR BOULEVARD AT GOLDRUSH TO NEW WEST SIGNAL AND A CONTRACT FOR CONSTRUCTION - INSPECTION SERVICES TO WARREN C. SIECKE - in the amount of $88,690 to New West Signal, and authorized a contingency amount of $9,000 for project change orders to be approved by the City Manager. Further, awarded construction inspection services to MAY 6, 1997 PAGE 5 CITY COUNCIL Warren C. Siecke in the amount of $5,700. 6.14 AWARDED CONTRACT FOR CONSTRUCTION/RETROFIT OF HANDICAP ACCESS RAMPS TO PERRY MANESS INDUSTRIES, INC. - in an amount not to exceed $22,410 and authorized a contingency amount of $3,000 for project change orders to be approved by the City Manager, for a total authorization of $25,410. 6.15 APPROVED AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES (MBA) REGARDING ENVIRONMENTAL SERVICES FOR VESTING TENTATIVE TRACT MAP NO. 50314 (J.C.C. - WINDMILL DEVELOPMENT) - reflecting the expanded scope of services and $4,640 budget increase for VTTM 50314, bringing the total Professional Services Agreement to $48,640. 6.16 APPROVED CONTRACT AMENDMENT FOR ADDITIONAL GRAFFITI REMOVAL WORK BY GRAFFITI CONTROL SYSTEMS, INC. FOR THE 1996-1997 FISCAL YEAR - in the amount of $7,500 for additional graffiti removal work by Graffiti Control Systems, Inc. for FY 1996-1997 and approved a budget adjustment to allocate an additional $2,500 to the Citywide graffiti removal budget. 6.17 EXTENDED MAINTENANCE CONTRACTS: (A) APPROVED EXTENSION OF CONTRACT WITH MARIPOSA HORTICULTURAL ENTERPRISES, INC. FOR MAINTENANCE OF LIGHTING & LANDSCAPE DISTRICT NO. 38 - for 1997-1998 including a 1.8% C.P.I. increase, for a total contract amount of $39,833.93. (B) APPROVED EXTENSION OF CONTRACT WITH ACCURATE LANDSCAPE & MAINTENANCE CORP. FOR MAINTENANCE OF LIGHTING & LANDSCAPE DISTRICT NO. 39 - FY 1997-1998 in an amount not to exceed $74,395.44. (C) APPROVED EXTENSION OF CONTRACT WITH LANDSCAPE WEST, INC. FOR MAINTENANCE OF LIGHTING & LANDSCAPE DISTRICT NO. 41 - FY 1997-1998, in an amount not to exceed $35,400. (D) APPROVED EXTENSION OF WEED/LITTER ABATEMENT CONTRACT WITH LANTERMAN DEVELOPMENT CENTER - for supplemental weed and litter abatement for FY 1997-1998 for a total contract amount of $16,483. MAY 6, 1997 PAGE 6 CITY COUNCIL (E) APPROVED EXTENSION OF CONTRACT WITH ACCURATE LANDSCAPE & MAINTENANCE CORP. FOR MAINTENANCE OF EIGHT CITY PARKS - FY 1997-1998 in an amount not to exceed $106,810.60. (F) APPROVED EXTENSION OF WEED CONTROL/SIDEWALK AND PARKWAY MAINTENANCE CONTRACT WITH LANDSCAPE WEST, INC. - FY 1997-1998 in an amount not to exceed $55,750. (G) APPROVED EXTENSION OF GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS - FY 1997-1998 in an amount not to exceed $35,000 ($30 per site/1,160). (H) APPROVED EXTENSION OF CITYWIDE STREET TREE MAINTENANCE CONTRACT WITH WEST COAST ARBORISTS, INC. - in the amount of $45,000 for FY 1997-1998. 6.18 APPROVED BUDGET ADJUSTMENT FOR BUILDING & SAFETY CONTRACT SERVICES - increasing expenditures for Building & Safety Services by $40,000 and revenues by $109,000. 6.19 APPROVED CONTRACT AMENDMENT FOR VENDOR SERVICES WITH HIGHPOINT GRAPHICS - authorized extension of services with Highpoint Graphics in the amount of $3,500 to be applied to miscellaneous projects through the remainder of the current fiscal year. 6.20 APPROVED PANTERA PARK CONSULTANT AMENDMENTS - amended the Professional Services Agreement with Heimberger Hirsch in an amount not to exceed $ 30,450; awarded purchase orders to D & J Engineering in an amount not to exceed $11,092, to Leighton & Associates in an amount not to exceed $8,620, and to Dewan Lundin & Associates in an amount not to exceed $18,960. 6.21 APPROVED CONTRACT AMENDMENT WITH VAN WINKLE & ASSOCIATES FOR VIDEOGRAPHY SERVICES - for $500 to be applied to miscellaneous projects through the remainder of the current fiscal year. 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 SECOND READING OF ORDINANCE NO. 01(1997): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE RENEWAL OF A CABLE TELEVISION MAY 6, 1997 PAGE 7 CITY COUNCIL FRANCHISE AGREEMENT BETWEEN THE CITY AND JONES INTERCABLE, INC., AND CONCURRENTLY AUTHORIZING THE ASSIGNMENT OR TRANSFER OF THAT FRANCHISE AGREEMENT BY JONES INTERCABLE, INC. TO CITIZENS CENTURY CABLE TELEVISION VENTURE - Following discussion, MPT/Herrera moved, C/Ansari seconded to approve second reading by title only, waive full reading and adopt Ordinance No. 97-01 authorizing the renewal of a cable television franchise agreement concurrently authorizing the assignment or transfer of that franchise agreement by Jones Intercable, Inc. to Citizens Century Cable Television Venture. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - A n s a r i, Werner MPT/Herrera, MIHuff NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 9. NEW BUSINESS: 9.7 DISCUSSION RE: ADOPTION OF AN URGENCY ORDINANCE TO ESTABLISH A MORATORIUM ON THE ISSUANCE OF PERMITS FOR TELECOMMUNICATIONS EQUIPMENT (AND ANTENNAS) FOR COMMERCIAL PURPOSES. C/Werner indicated his belief that a moratorium should be invoked until a City Ordinance pertaining to this matter is adopted. Michael Goldenberg commended the citizens for their involvement in this matter. He stated his belief that the City would continue to adequately monitor the potential installation of telecommunications equipment without imposing a moratorium. Don Schad favored imposing a moratorium. Joe Ruzicka urged Council to take whatever action necessary to work toward creation of an ordinance to address telecommunications facilities' installation. Jeff McHaddad, representing Pacific Bell Mobile Services, opposed adoption of a moratorium. Marie Labond urged Council to enact a moratorium. Martha Bruske favored a moratorium and rules and regulations governing future telecommunication installations in the City. MAY C, 1997 PAGE 8 CITY COUNCIL Terry Birreil expressed concern about the City's aesthetics. She indicated there may be possible electro -magnetic radiation issues surrounding antenna installations. She supported enactment of a moratorium and development of an ordinance. Clyde Hennessey supported a moratorium. Jim Marquez, representing Cox Communications, stated that a moratorium is inappropriate because these installations do not present a "clear and present danger." He doubted that most citizens are aware of the locations of the City's approximately 20 facilities already in existence. Mary Yuen stated that she supported a moratorium. C/Harmony asked that the following items be included in the consideration of an ordinance: aesthetics, property views, site appearance, identification of alternative public sources, deed and map restriction implications, health and safety standards, standards and guidelines for applications, application process streamlining, maximum number of cell sites. He stated that he would like to see a _. commission formed to work with staff in creation of the ordinance. In response to MPT/Herrera, CM/Belanger explained that staffs understood that Council will direct staff to prepare an Urgency Ordinance, the purpose of which would be to establish a moratorium on these types of facilities until such time that permanent guidelines, standards and policies can be formulated through the Development Code process. The Urgency Ordinance would be agendized for discussion and possible adoption. The Ordinance would be effective upon adoption by the Council. Adoption requires a super majority affirmative vote by four of five Council Members. Following discussion, CMlerner moved, C/Ansari seconded, to direct staff to prepare a draft Urgency Ordinance establishing a moratorium on the issuance of permits for telecommunications equipment and antennas for commercial purposes and to prepare a draft Ordinance (not an Urgency Ordinance) for Council's consideration at its regular May 29, 1997 meeting. 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 9.8 CONSIDERATION OF A REQUEST TO REVIEW THE DECISION OF MAY 6, 1997 PAGE 9 CITY COUNCIL THE PLANNING COMMISSION TO APPROVE A PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY AT 24401 DARRIN DRIVE (CUP 96-10 AND DR 96-9). Don Schad suggested that Council read the information furnished in their packets regarding electromagnetic radiation. Craig Clute supported a review of this matter. He suggested that Council Members visit his home and view the installation "in his neighbor's backyard." Responding to WHufl's request for a showing of hands, the audience indicated 12 to 7 that they supported a Council review of this matter. Terry Birrell pointed out that a number of audience members voting against the review were non-residents. She indicated the public can obtain information about telecommunications facilities through the City Manager's office. She suggested that Council continue the matter until after standards have been established. Marie Leven said that because one meeting was cancelled, there were only three Planning Commission Public Hearings, not four. She urged Council to reconsider this matter. Jeff McHaddad asked if the City Attorney had pointed out aspects of the Federal Telecommunications Act. He indicated that Pacific Bell Mobile Services and Cox Communications held a public meeting in addition to the Planning Commission's public hearings. Mary Yuen encouraged Council to review and reconsider this matter. Eric Stone said he did not understand the need to review this matter further because it was thoroughly reviewed by the Planning Commission. Edward Lubian indicated that he attended two Planning Commission public hearings on this item. He believed the Commission thoroughly reviewed the matter and that further review is not warranted. Clyde Hennessey favored further review. Jim Marquez, Cox California PCS, stated that his client had been informed by the Federal government that they must activate their telecommunications network this year. Jo Bartley encouraged Council to review the item. MAY 6, 1997 PAGE 10 CITY COUNCIL_ ClAnsari thanked the Planning Commission for their diligent review of the project, but because Council is responsible to its constituency, she favored a Council review of the matter. C/Harmony requested a copy of the petition circulated by Eric Stone and received by the City. He also asked for a copy of the citizen's petition. ClWerner announced a letter received by Brij Sharma and stated that as a Council Member, he had an obligation to both the citizens and to the applicant and agreed that Council should review this matter. He asked why the residents are concerned about the CC&R's if, in fact, the property owner was successful in having them amended. He requested that, prior to Council review, the applicant erect a three dimensional template with markers indicating the ultimate height. Further, he wanted to know if the original signors of the petition against the project still object to the improved concept approved by the Planning Commission, or if their concerns had been satisfied. M/Huff stated that his research of this matter reveals no need to — review the matter further. With respect to the means used to review, he did not find fault with the public hearing process. There was ample opportunity for community input. Meeting records indicate citizen's questions were answered. Whether or not citizens like the project at time of approval, cities cannot illegally impose conditions upon the applicant. He believed the public's concerns were being met by the Planning Commission action. MPT/Herrera believed the Planning Commission worked with the applicant and the neighboring residents to satisfactorily modify the project. A series of public hearings were held and, as a result of the approval, the applicant must comply with 15 conditions. She said she had faith in the Commission's ability to make decisions that are in the best interest of D.B. residents. Further, she expressed faith in staffs ability to recommend the project for approval and felt there was no need to review this matter and that the Planning Commission's Decision should stand. C1Harmony moved, ClAnsari seconded, to call for review of CUP 96- 10 and DR 96-9 and set the matter for public hearing on June 3, 1997. In response to C/Werner as to whether the City needs to obtain the applicant's consent to review this matter, CA/Jenkins indicated that that was not necessary. MAY 6, 1997 PAGE 11 CITY COUNCIL C/Werner asked if the Council may request that specific information from the applicant and neighboring residents. CA/Jenkins stated that this is a de novo hearing. The applicant and any public member may submit any materials they wish. The Council cannot require submission. However, lack of submission may be considered during review of the application. CANerner asked what costs the City has incurred for this matter. CA/Jenkins indicated the only fee paid is the application fee. Since there is no appeal in this case, there is no appeal fee to be paid and that any additional costs for review would be borne by the City. In response to C/Werner, CM/Belanger responded that approximately $3,000 in costs had already been incurred for the review process. C/Werner asked for the motion to be amended to include his previous request for three items: Petition updates, a three dimensional template erection at the site and information regarding the amended CC&R's. C/Harmony and C/Ansari agreed to amend the motion. Motion carried by the following Rall Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner NOES: COUNCIL MEMBERS - MPT/Herrera, M/Huff ABSENT: COUNCIL MEMBERS - None 9.6 CONSIDERATION OF SUPPORT OF AB 363 (BACA) REGARDING GROUP HOMES - Terry Calcaneou said she accidentally found out that a group home is located across the street from her residence. She would like for the citizens to petition the State to have all group homes removed from D.B. Martha Bruske stated that the City should support the measure and stop group homes in D.B. Craig Clute believed the City needs to deal with the group homes issue on a local level in the Development Code. He supported the bill and encouraged others to also support it. Ms. Calcaneou felt that property values would decrease as a result of the presence of group homes. Clyde Hennessey said he would like to see a couple of group homes MAY 6, 1997 PAGE 12 CITY COUNCIL in "The Country Estates." C/Ansari moved, C/Werner seconded to support AB 363. Without objections, the motion was so ordered. AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None OLD BUSINESS (Continued): 8.3 1997-1998 CITY COUNCIL GOALS AND OBJECTIVES - 1996-1997 RE -RANKED CITY COUNCIL GOALS AND OBJECTIVES - MPT/Herrera moved, C/Werner seconded to approve the 1997-1998 City Council Goals and Objectives and the 1996-1997 re -ranked City Council Goals and Objectives. Motion carried by the following Roll Call vote: AYES: COUNCILMEMBERS - Ansari, Harmony, Werner, MPT/Herrera, M/Huff - NOES: COUNCILMEMBERS - Werner ABSENT: COUNCIL MEMBERS - None NEW BUSINESS (Continued): 9.1 ADOPTED RESOLUTION NO. 97-31: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 3 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY. MPT/Herrera moved, C/Werner seconded to adopt Resolution No. 97-31. Motion carried by the following Roll Call vote: AYES: COUNCILMEMBERS - Ansari, W e r n e r, MPT/Herrera, M/Huff NOES: COUNCILMEMBERS - Harmony ABSENT: COUNCILMEMBERS - None 9.2 • Aj ADOPTED RESOLUTION NO. 97-32: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING THE NUMBER OF RESIDENTS OF THE CITY FOR THE PURPOSE OF DETERMINING THE VOLUNTARY EXPENDITURE CEILING FOR CITY ELECTIONS - C/Harmony moved, M/Huff seconded, to adopt Resolution No. 97-32. Motion carried by the following Roll Call MAY 6, 1997 PAGE 13 CITY COUNCIL vote: AYES: COUNCILMEMBERS - Ansari, Harmony, MPT/Herrera, M/Huff NOES: COUNCILMEMBERS - Werner ABSENT: COUNCILMEMBERS - None B) URGENCY ORDINANCE NO. 2(1997): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ENACTING VOLUNTARY EXPENDITURE CEILINGS FOR CITY ELECTIONS AND DECLARING THE URGENCY THEREOF - Debby O'Connor asked if candidates could use unlimited personal funds to reach the population comparison ceiling. CA/Jenkins responded that candidates may use unlimited personal funds to reach the ceiling amount. Mrs. O'Connor favored adoption of the Urgency Ordinance. Jack Gutowski asked if this item includes special interest groups' contributions. CA/Jenkins responded that this Ordinance does not address expenditures by independent bodies. Mr. Gutowski did not support an expenditure ceiling. Clyde Hennessey indicated that he was in favor of expenditure ceilings. Following discussion, C/Ansari moved to adopt Ordinance No. 2(1997) with a ceiling of $10,000. C/Harmony seconded the motion and requested the motion be amended to a ceiling of $12,000. C/Ansari agreed to amend her motion. Motion failed by the following Roll Call vote: AYES: COUNCILMEMBERS - Ansari, Harmony NOES: COUNCILMEMBERS - Werner, MPT/Herrera, M/Huff ABSENT: COUNCILMEMBERS - None C/Harmony moved, C/Ansari seconded to approve first reading of Ordinance No. 2(1997) setting campaign expenditures limit at $15,000. Motion failed by the following Roll Call vote: MAY 6, 1997 PAGE 14 CITY COUNCIL AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - Ansari, Harmony W e r n e r, MPT/Herrera, M/Huff None C/Werner moved to direct staff to prepare options for a ballot measure for the November, 1997 election for future Agenda discussion by Council. Motion failed for lack of a second. M/Huff moved, MPT/Herrera seconded to continue the matter to May 20, 1997. Motion carried unanimously. 9.3 APPROVED RETENTION OF JOE A. GONSALVES AND ANTHONY D. GONSALVES FOR LEGISLATIVE ADVOCACY SERVICES - in the amount of $3,000 per month. Further, approved allocation of $6,000 to the City Council, Professional Services account, in the Fiscal Year 1996-1997 Municipal Budget. Clyde Hennessey suggested the Council negotiate the advocacy services fee. ClWerner moved to direct staff to negotiate a fee with Gonsalves and Gonsalves up to a maximum of $2,500 per month. Motion died for lack of a second. MPT/Herrera moved, MIHuff seconded to direct staff to negotiate with Gonsalves and Gonsalves for the best possible price. C/Ansari asked the maker of the motion to include a 30 -day advance termination of services clause. MPT/Herrera amended her motion. MIHuff seconded the amended motion. Motion carried by the following Roll Call vote: AYES: COUNCILMEMBERS - Ansari, Harmony, Werner, MPT/ Herrera, MIHuff NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None 9.4 ADOPTED RESOLUTION NO. 97-33: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ENDORSING AND SUPPORTING AB 1226 (GRANLUND/MILLER) - proposed legislation to allow newly incorporated cities to retain their incorporation population through their 1st 10 full fiscal years. ClAnsari moved, CMlerner seconded to adopt Resolution No. 97-32. Motion carried unanimously by the following Roll Call vote: MAY 6, 1997 PAGE 15 CITY COUNCIL AYES: COUNCILMEMBERS - Ansari, Harmony, Werner, MPT/ Herrera, MIHuff NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None 9.5 ADOPTED RESOLUTION NO. 97-34: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR IN SUPPORT OF LOS ANGELES COUNTY BALLOT MEASURE "E" - ClAnsari moved, MPT/Herrera seconded to adopt Resolution No. 97-34 and make information regarding Measure E available to the public. Motion carried by the following Rall Call vote: AYES: COUNCII_MEMBERS- Ansari, Harmony, MPT/Herrera, MIHuff NOES: COUNCILMEMBERS - Werner ABSENT: COUNCILMEMBERS - None RECESSED TO DIAMOND BAR REDEVELOPMENT AGENCY MEETING: 11.25 P.m. RECONVENE: MIHuff reconvened the City Council Meeting at 11:35 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: None 11 12 13 COUNCIL COMMENTS: ANNOUNCEMENTS: None None ADJOURNMENT: There being no further business to conduct, MIHuff adjourned the meeting at 11:35 p.m. LYNDA BURGESS, City Clerk A / r May r