HomeMy WebLinkAbout06/02/1998 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JUNE 2, 1998
CLOSED SESSION: 5:30 p.m.
Conference with legal counsel regarding anticipated litigation - Significant exposure
to litigation pursuant to California Government Code Section 54956.9(b) (Number
of potential cases: One)
Conference with legal counsel regarding existing litigation - Pursuant to California
Government Code Section 54956.9(a):
a. Monterey Dunes, Inc. v. City of Monterey, United States Supreme Court,
Case No. 97-1235 (Amicus support requested).
b. Kobzoff v. Harbor UCLA Medical Center, Case No. B099100 (Amicus
support requested).
ADJOURNMENT: 6:30 p.m.
2. CALL TO ORDER: Mayor Herrera called the meeting to order
at 6:43 p.m. in the South Coast Air Quality Management District Auditorium,
21865 E. Copley Drive, Diamond Bar, California.
The City Attorney reported that the only action taken during closed session
was agreement among the Council to join in the "Friends of the Court" briefs
in the cases Monterey Dunes, Inc. v. City of Monterey and Kobzoff v. Harbor
UCLA Medical Center.
PLEDGE OF ALLEGIANCE/ Brownie Troop 414 - Leaders: Yvonne
Lawson & INVOCATION: Vivian Hemming
ROLL CALL: Council Members Ansari, Huff, O'Connor,
Mayor Pro Tem Chang, Mayor Herrera
Also present were: Terrence L. Belanger, City Manager; Michael Jenkins,
City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy
Director of Public Works; Bob Rose, Community Services Director; Mike
Nelson, Communications & Marketing Director; Joann Gitmed, Senior
Accountant and Lynda Burgess, City Clerk.
APPROVAL OF AGENDA: CM/Belanger requested that Consent
Calendar Items No. 6.6 a. and b. be moved to Item No. 7. 1, discussion of the
Fiscal Year 1998/1998 Municipal Budget.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Presented Certificate of Recognition to Sharron Shepard, Outgoing
JUNE 2, 1998
PAGE 2
Diamond Heights Girls Softball League President.
3.2 Presented Certificate of Recognition to Dr. Gerald Zunino - Honoree,
"Older Americans Recognition Day" - May 20, 1998.
3.3 Presented City Tile to Al Stone, retiring Principal, Evergreen
Elementary School.
3.4 Proclaimed June 14, 1998 as "Flag Day".
RECESS: M/Herrera recessed the meeting at 7:05 p.m.
RECONVENE: M/Herrera reconvened the meeting at 7:16 p.m.
4. PUBLIC COMMENTS: Stuart Pompel, Pacific Crest Drum & Bugle
Corps, thanked the Council for allowing his group to perform at the City's 9th
Anniversary Celebration. He spoke about the group's forthcoming summer
tour and competitions.
Dr. Lawrence Rhodes asked Council to immediately cancel the current
contract with the Pomona Valley Humane Society and contract with L.A.
County Animal Control for these services. He further asked that Council
place this matter on the next meeting's agenda.
Clyde Hennessee asked for clarification of Consent Calendar Item No. 6.8.
Bill Kee, Diamond Bar Improvement Association, asked for volunteers to
participate in painting another D.B. home on Saturday, June 6, 1998.
5. SCHEDULE OF FUTURE EVENTS:
5.1 SOLID WASTE TASK FORCE - June 8, 1998 - 6:30 p.m., Room CC -
2, SCAQMD, 21865 E. Copley Dr.
5.2 PLANNING COMMISSION - June 9, 1998 - 7:00 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
5.3 OFF-SITE PARKING TASK FORCE - June 10, 1998 - 6:30 p.m.,
Room CC -2, 21865 E. Copley Dr.
5.4 TRAFFIC & TRANSPORTATION COMMISSION - June 11, 1998 -
7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr.
5.5 CITY COUNCIL MEETING - June 16, 1998 - 6:30 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
JUNE 2, 1998 PAGE 3
5.6 8th ANNUAL SUMMER CONCERTS IN THE PARK SERIES BEGINS
- June 17, 1998 - Mike Henebry Orchestra - 6:30 p.m., Sycamore
Canyon Park.
5.7 "SPRING INTO SUMMER" CARNIVAL sponsored by Pop Warner
Football - June 4 through 6, K -Mart parking lot.
5.8 WALNUT SHERIFF'S STATION OPEN HOUSE - June 6, 1998 -
10:00 a.m. to 1:00 p.m.
6. CONSENT CALENDAR: Moved by MPT/Chang, seconded by
C/Huff to approve the Consent Calendar with the exception of Items No. 6.6
(moved to Agenda Item No. 7:1), 6.11 and 6.12. Motion carried by the
following Roll Call vote.-
AYES:
ote:
AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang,
M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED MINUTES
6. 1.1 Study Session of May 18, 1998 - As submitted.
6.1.2 Adjourned Regular Meeting of May 18, 1998 - As submitted.
6.2 APPROVED VOUCHER REGISTER - dated June 2, 1998 in the
amount of $931,583.38.
6.3 REVIEWED AND APPROVED TREASURER'S REPORT - for the
month of April, 1998.
6.4 DENIED CLAIM FOR DAMAGES - Filed by John Santoya May 6,
1998 and referred the matter for further action to Carl Warren & Co.,
the City's Risk Manager.
6.5 APPROVED NOTICE OF COMPLETION FOR BREA CANYON
ROAD AND PATHFINDER ROAD STREET REHABILITATION
PROJECT - accepted work performed by Calmat Co. and authorized
the City Clerk to file the proper Notice of Completion and release any
retention amounts per previously approved plans and specifications.
6.7 a) AWARDED CONTRACT FOR CONSTRUCTION
ADMINISTRATION/INSPECTION SERVICES FOR DIAMOND
BAR REHABILITATION BETWEEN PALOMINO DRIVE AND
NORTHERLY CITY LIMIT AT TEMPLE AVENUE - (a)
authorized staff to increase the Capital Improvement Project
JUNE 2, 1998 PAGE 4
Fund/Budget to an amended total project budget of $784,167;
and (b) awarded a construction contract to All American
Asphalt in an amount not -to -exceed $628,226 and provided a
contingency amount of $63,000 for project change orders to be
approved by the City Manager, for a total authorization amount
of $691,226.
b) AWARDED CONTRACT FOR CONSTRUCTION
ADMINISTRATION INSPECTION SERVICES FOR DIAMOND
BAR REHABILITATION BETWEEN PALOMINO DRIVE AND
NORTHERLY CITY LIMITS AT TEMPLE AVENUE - authorized
the Mayor to enter into a Professional Services Agreement
with Dewan, Lundin & Associates for construction
administration/inspection services in an amount not -to -exceed
$36,304 and provided a contingency amount of $3,600 for
project change orders to be approved by the City Manager, for
a total authorization amount of $39,904.
6.8 ADOPTED RESOLUTION NO. 98-34: A JOINT RESOLUTION OF
THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY
GENERAL FUND, LOS ANGELES COUNTY LIBRARY, LOS
ANGELES COUNTY FLOOD CONTROL, LOS ANGELES COUNTY
CONSOLIDATED FIRE PROTECTION DISTRICT, LOS ANGELES
COUNTY FIRE-FFW THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY, AND
THE GOVERNING BODIES OF CITY OF DIAMOND BAR, GREATER
LOS ANGELES VECTOR CONTROL DISTRICT WVWD -
IMPROVEMENT DISTRICT #3 AND #4 APPROVING AND
ACCEPTING NEGOTIATED EXCHANGE OF ANNEXATION OF
PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO
COUNTY SANITATION DISTRICT NO. 21.
6.9 ADOPTED RESOLUTION NO. 98-35: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
INSTALLATION OF A STOP SIGN AT THE INTERSECTING LEG OF
HIGH KNOB ROAD AT GREYCLOUD LANE.
6.10 EXONERATED GRADING (FAITHFUL PERFORMANCE, LABOR &
MATERIAL) FOR 21951 GOLDEN SPRINGS DRIVE,
COUNTRYSIDE SUITES - Bond No. 149-25-80 in the amount of
$8,928 posted with the City on January 8, 1997 and directed the City
Clerk to notify the Principal and Surety of this action.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.11 CONTRACT AMENDMENT WITH J. MICHAEL HULS, R.E.A., TO
JUNE 2, 1998
PAGE 5
INCLUDE PERFORMING EDUCATION SITE VISITS UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) MUNICIPAL STORMWATER PERMIT.
C/Ansari asked how all the site visits can be accomplished during the
month of June and what penalties would be invoked for non-
compliance.
Mr. Huls responded that site visits take less than an hour each to
conduct and there should be no difficulty in completing the task. He
explained that there is potential for fines in the event the storm water
permit is not fulfilled. In addition, there is threat of litigation by
environmental "watchdog" groups.
C/Ansari moved, C/O'Connor seconded, to (a) authorize staff to
increase the revenue and expenditure accounts in the Integrated
Waste Management Fund by $3,276; and (b) authorize the Mayor to
execute an amendment with J. Michael Huls, R.E.A., in an amount
not -to -exceed $3,276. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor,
MPT/Chang, M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.12 RESOLUTION NO. 98-36: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND
REIMBURSEMENT AGREEMENT NUMBER 8 WITH THE DIAMOND
BAR REDEVELOPMENT AGENCY.
C/Huff asked what projects are included in this resolution.
CM/Belanger responded that this resolution involves preparation of
site schematics for several commercial areas that are located within
the Redevelopment Agency's Economic Revitalization Area as
previously discussed during a City Council Study Session. The first
proposal includes properties at Grand Ave. and Golden Springs Dr.;
K-Mart/D.B. Village, Vons/Sav-on, Country Hills Towne Center and a
fifth site to be selected by the Economic Development Committee.
C/Huff moved, C/Ansari seconded, to adopt Resolution No. 98-36.
MPT/Chang offered an amendment to the motion to direct that the
Country Hills Towne Center be the first area schematic to be
designed. C/Huff and C/Ansari accepted the amendment.
Following explanation by CM/Belanger, MPT/Chang withdrew his
JUNE 2, 1998
amendment.
PAGE 6
Motion carried by Roll Call vote to adopt Resolution No. 98-36
approving Advance and Reimbursement Agreement No. 8 for
retention of Urban Design Studio to prepare conceptual site planning
and design in the amount of $35,000.
AYES
NOES:
ABSENT
PUBLIC HEARINGS:
COUNCIL MEMBERS -
COUNCIL MEMBERS -
COUNCIL MEMBERS -
Ansari, Huff, O'Connor,
MPT/Chang, M/Herrera
None
None
7.1 1998-1999 MUNICIPAL BUDGET - CM/Belanger explained that the
FY 98/99 General Fund Budget estimates overall resources to be
$10,812,050. and proposes $10,477,125 in expenditures. The
proposed Capital Improvement Program Budget is project to be
$6,235,852.
C/Ansari asked if the proposed budget includes an in-house
recreation program.
CM/Belanger responded that although an in-house proposal has been
prepared, there are personnel and administrative cost considerations
that have not yet been factored in and the proposal is not included in
the proposed budget. The proposed budget includes a contracted
recreation program.
C/Ansari said she would like Council to discuss an in-house
recreation program.
CM/Belanger recommended a June 16, 1998 study session be
conducted to discuss the matter.
M/Herrera asked that staff research costs for contracting with L.A.
County Animal Control prior to the next meeting.
Following discussion, Council concurred to direct staff to use
C. 0. P. S. funds to provide overtime for Walnut Sheriffs personnel to
enforce traffic regulations at school sites.
M/Herrera opened the Public Hearing.
Clyde Hennessee said that Council has given raises and bonuses to
staff over the last few years that exceed the cost of living index and
JUNE 2, 1998
PAGE 7
that they have a tendency to upgrade job titles in order to give staff
raises. He expressed concern that taxes will increase or layoffs will
occur when the City has financial difficulties. He is concerned about
the cost to the City for the increase in retirement benefits. He spoke
about the new franchise tax fee charged by Century Cable.
CM/Belanger explained that the City has been providing retirement
benefits through the Public Employees Retirement System (PERS) for
staff since incorporation. The proposed 2% at age 55 formula merely
provides for early retirement benefits. Under the current system,
normal retirement age is 60. The difference in cost between the two
systems is approximately $35,000 net to change from an age 60 to
age 55 system.
Dr. Lawrence Rhodes recommended that the City terminate the
Inland Valley Humane Society contract "for cause" so that termination
could be immediate.
CM/Belanger provided a report on the Special Funds.
C/O'Connor suggested that the City obtain $2,100 from the Narcotics
Asset Program to provide for a skateboarding display during the
City's 10th Anniversary Celebration to demonstrate drug-free
activities for youth. Council concurred.
C/O'Connor asked that the Council consider placement of spanner -
banners for community organizations to advertise their activities.
C/Ansari pointed out that this year's anniversary signs were useless
because they were unreadable.
M/Herrera continued the Public Hearing to June 16, 1998.
C/Ansari moved, MPT/Chang seconded, to approve first reading of
Ordinance No. 26A (1989), amending Ordinance No. 26 (1989) and
authorizing an Amendment to the contract with the Board of
Administration of the California Public Employees' Retirement
System. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor,
MPT/Chang, M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8. OLD BUSINESS: None
JUNE 2, 1998 PAGE 8
9. NEW BUSINESS: None
RECESS TO REDEVELOPMENT AGENCY MEETING: 9:25 p.m.
RECONVENE CITY COUNCIL MEETING: 9:35 p.m.
10. COUNCIL SUB -COMMITTEE REPORTS: MPT/Chang reported on his
attendance at the recent Shopping Center Convention in Las Vegas. He
attended the Mt. SAC awards dinner. He further announced that Council
and staff held a lunch meeting with members of the Walnut Sheriffs
Department today.
C/0'Connor spoke about the 10th Anniversary Subcommittee meeting,
Finance Committee meetings, and the final Solid Waste Committee meeting
which will be held on Monday, June 8, 1998.
C/Huff stated that he and C/Ansari met with Walnut School District
representatives to discuss items of mutual concern. He commented on the
final Solid Waste Committee meeting that will be held next week.
M/Herrera stated that she, MPT/Chang and C/O'Connor attended the
International Council for Shopping Centers Convention in which 26,000
people participated.
11. COUNCIL MEMBER COMMENTS: C/Ansari stated that Mt. SAC will
hold a Small Business Conference breakfast on June 16, 1998.
MPT/Chang suggested that if an election day falls on a regular Council
meeting date, Council should consider changing their meeting day so that
the community can concentrate on election matters.
C/O'Connor said she represented the City at the Pomona Unified School
District Community Service Awards ceremony. She participated in the first
annual Diamond Ranch High School Golf Tournament. The Chamber of
Commerce will sponsor its golf tournament on Friday, June 5, 1998 at the
D.B. Golf Course. She congratulated all graduate students and reminded
residents that school will be out next week and that they should drive
carefully.
12. ADJOURNMENT: There being no further business to conduct,
M/Herrera adjourned the meeting at 9:47 p.m.
Lynda Burgess, City Clerk
JUNE 2, 1998 PAGE 9
ATTEST:
(L�4wl
Mayor