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HomeMy WebLinkAbout03/02/1999 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MINNEQUA LANDSLIDE SOLID WASTE TASK FORCE REPORTS MARCH 2, 1999 CITY COUNCIL CALL TO ORDER: Mayor Chang called the meeting to order at 5:13 p.m. in the South Coast Air Quality Management District Room CC -8, 21865 E. Copley Drive, Diamond Bar, California. 2. ROLL CALL: Council Members Ansari, Mayor Pro Tem O'Connor and Mayor Chang. Council Members Herrera and Huff were excused. Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director, Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; Rose Manela, Assistant Civil Engineer; Kellee Fritzal, Assistant to the City Manager and Anne Haraksin, Administrative Assistant. A. MINNEQUA LANDSLIDE DDPW/Liu introduced Justin Hampton, Kleinfelder & Associates. In response to CM/Belanger, Mr. Hampton explained that the borings revealed that the area is a fill slope. Approximately 15 to 20 feet of fill was placed on a bedrock natural cut slope. The failure was in the fill material and not in the bedrock material. To remedy the situation, he proposed that the slide debris be removed, back cut near the existing bedrock, fill, contact and rebuild the slope with compacted engineered fill. One thing that has been added to the design is a sub -drainage system. He believed that one of the factors involved in promoting the landslide was the accumulation of moisture that would be mitigated by the sub -drainage. The estimated cost to rebuild the slope for 5800 cubic yards of cut and 6100 cubic yards of fill including import of about 1850 cubic yards is $150,000 to $250,000. Contractors have not been solicited for bid estimates. He anticipated that this project will have to be done with specialized small equipment and that the procedure will be very labor-intensive due to access restrictions between the dwelling units. Other mitigation alternatives do not include total removal and do include installation of retaining walls near the toe, mid -slope and top. There would be some fill placement. Foundations for the retaining walls would be very extensive and very costly because of access restrictions. They would require deep caissons into the bedrock, equal distances of infill into the bedrock. Cost for this type of procedure would exceed the cost of the previously described mitigation measures. The existing amount of fill is approximately 5500 to 5800 cubic yards. The depth is approximately 10 to 14 feet. MARCH 2, 1999 PAGE 2 MPT/O'Connor asked if Mr. Hampton perceives a potential that this slope could carry out to other slopes or homes along the ridgeline. Mr. Hampton stated that there are many slopes in the area. He had not reviewed the entire ridgeline in order to speculate what may happen. Many variables had to come together in order for the landslide to occur. If the same set of variables came together with the same degree of intensity, it could potentially happen on a similar slope. CM/Belanger stated that the existing condition prior to the time that slippage occurred was that slippage had already occurred on the property from which the primary failure originated in the early 1980's. The then owner of the property attempted to put in a system of railroad ties that lay on top of the previous failure. It appears that that is what failed and slumped over the top of the lower grade and in the process, took a portion of the immediately adjacent property. The information available to the City about the rest of the slopes is that they still remain in the condition that was present when the property was sold. Bill Grey asked whether vegetation would need to be replaced on the slopes. Mr. Hampton responded that the slopes would need to be revegetated to prevent erosion and future failures, the cost for which would be minimal. He responded to MPT/O'Connor that he did not know if the estimate includes the cost for revegetation. George Thawley asked if the proposed mitigation would impact the useable space of the properties. Mr. Hampton responded that the toe and top of the slope are very near the pre -failure conditions and he did not believe there will be a loss of useable space. CM/Belanger stated that the property line for these properties is about mid - slope. The property is not being reduced because the line exists in the air. If Mr. Thawley is talking about the pad area, very little pad area from either the upper slopes or the lower slopes would be lost, if any because this project is proposed to be completed within the existing slope. Mr. Hampton explained to Mr. Thawley that the mitigation effort will reinstate the slope to its current condition and not to current City Code. Due to the steepness of the slope, the calculated safety factor is less than 1.5 which is current drainage code. The sub -drainage has been included to help reduce the amount of water in the slope which will help reduce the potential for another failure. The slope was constructed with in the current practice at the time of construction. This slope would not be constructed in this manner MARCH 2, 1999 PAGE 3 under current standards and methods of construction and design. Most likely, the slope would be constructed today at a 2:1 ratio. DDPW/Liu stated that Kleinfelder & Assoc. conducted a limited geological process in order to observe the existing provisions of the recorded failures. Kleinfelder noted that the entire slope area is impacted by several generations of relatively shallow slope failures. They concluded that over the years, the failure of the homeowners to maintain their respective portions of slopes and the seasonally intense rainfall experienced this past winter contributed to the results of the slope failure. In order to repair and rebuild the slope, Kleinfelder suggested that it will be necessary to remove all of the loose and disturbed soil. In order to properly prevent future failure, constant and ongoing maintenance will need to be provided to preserve the slope. In response to MPT/O'Connor, CM/Belanger stated that this is a different type of a physical situation. It is more in the line of an extensive rill as opposed to the type of landslide that is apparent to the east. It is a function of water draining in the wrong direction. Instead of flowing to the street, it went over the back of the property and began to create its own pathway which over the years has affected other structures that were there to take care of drainage. At the time this process was begun by Council, there was a budget item in the form of CDBG monies in the amount of $156,000. Preparation of plans and specifications would cost about $10,000. Originally, the amount of money contemplated for mitigation of this situation was approximately $100,000. Based on today's report, a construction project could cost from $150,000 to $250,000 for all sites which is more money than is permissible to spend by the County. One of the issues before Council is the extent to which the City would continue participating in any project, and the extent to which property owners would be asked to participate in the rehabilitation of their property. MPT/O'Connor asked if the process would be to discuss this matter with the five property owners and then for Council to decide how to proceed. CM/Belanger stated that, from a policy standpoint, that would be an approach. This is consideration of a project that exceeds the amount of money that has been allocated; this is private property, not public property. The question is, to what extent does the property owner ultimately benefit from the remediation of the property and therefore, to what extent does the property owner participate in the solution to the problem. DDPW/Liu stated that three homes are immediately threatened. Lots 77 and 79 are not directly threatened. However, mitigation measures need to be instituted to protect those properties. CM/Belanger said it appears that the grades of the lower properties are intact. MARCH 2, 1999 PAGE 4 In response to MPT/O'Connor, Mr. Hampton stated that the cost estimate assumes that there is a staging area for removal some distance away where a truck can make a round trip in about an hour. Completion of the project is estimated to be 30 to 90 days. The dirt would be stockpiled for two to three weeks. In response to M/Chang, CM/Belanger explained that approximately $100,000 of CDBG funds are still available for this project. M/Chang stated that CA/Jenkins indicated that utilizing public monies for private property is against the law. CM/Belanger pointed out that there may be other alternatives for mitigation measures that would result in re -instituting the cross swales to insure that area drainage is reconnected and assuring that future slippage is unlikely to occur. Tonight's presentation involves the ultimate project. There may be other iterations of the project that will come closer to the amount of monies available. Tom Saglime asked if the City is willing to obtain bids from other contractors. CM/Belanger explained that the money being utilized for this project is federal money (CDBG) and use of these monies have fairly specific rules including preparation of plans and specifications, prevailing wage provisions, etc. which has the effect of driving the cost up. If the property owners pooled their money and obtained their own contractor, it is likely that the project would cost less money. CA/Jenkins stated that it will cost the City at least $15,000 to prepare plans and specifications to put the City in a position to put the project out for bid. The question is, does the Council want to spend $15,000 of CDBG monies without any indication that the property owners are willing to financially participate in the project just to see what the cost of the project might be. Or, does the Council wish to get an initial indication of the willingness on the part of the property owners to participate, and if so, to what extent, to determine whether it is realistic to go forward. Even if the consultant is off by 10 or 15%, there is still the need for significant financial participation by the property owners. CM/Belanger responded to Kathy Krick that the DBIA offered to engage in a project similar to the "Paint Our Town" project which involves assisting property owners who cannot afford to paint their homes. The City approached DBIA to perhaps consider doing a similar type of project in the landslide area. The ability of DBIA to do this type of project is somewhat contingent upon recommendations from the geotechnical engineers as well as the civil engineers as to what kind of work they could reasonably be MARCH 2, 1999 PAGE 5 expected to perform that would reduce the cost of the project. DBIA is willing to participate. The extent of their participation is still to be determined. In response to MPT/O'Connor, CM/Belanger stated that the California Conservation Corps (CCC) said they would be willing to participate in this project. The limitations with the CCC are seasonal --if something else happens elsewhere in the state, the state has first call on their services. CM/Belanger stated that this project should be accomplished prior to the next rainy season (October, 1999). Bill Grey asked about tax benefits. C/Ansari said that she was told she would be able to write-off stabilization repair costs when she sells her home. Ms. Abernathy said that she did not witness any damage to the bottom level prior to last January. The vegetation on the hill is the same vegetation that was present when the tract was built. CM/Belanger stated that the two property owners involved in the second situation need to meet with the City's Engineering staff and the consultant in order to obtain answers regarding their concerns. Firman Lopez said there was no damage to his slope but he was told by Deputy Sheriffs that he would have to leave his home. He expressed concern about his ability to financially participate in the project. B. SOLID WASTE TASK FORCE REPORT. J. Michael Huls, R.E.A., presented the Solid Waste Task Force Committee's report and recommendations to the Council. Red Calkins asked if recycling numbers include statistics for people who sell their aluminum cans and bottles. Mr. Huls responded that the City gets credit if the material shows up in the landfill. Dave Reynolds responded to Red Calkins that Sacramento provides technical assistance for cities. Mr. Huls said that Sacramento staffers will tell cities that they need to implement curbside and variable rates, place ordinances on businesses, etc. and if cities do these things they will reach a certain percentage. However, if cities do not reach those percentages, they will be fined. MARCH 2, 1999 PAGE 6 Bill George said there a lot of programs that can be implemented and cities know what the programs are. Cities can include surplus fees on charges to pay for the services in order to reach compliance. The question has always been "what are the businesses and residents willing to pay to make this happen?" If Council decided to implement all of the programs and raised the rubbish collection bill by $4.00 per month would that be a viable answer for Mr. Calkins. Red Calkins asked how the cities can receive more credit for recycling by charging the consumer more dollars? Bill George responded that collection companies will collect more materials and pay someone to take the waste. Collection companies are bound by whatever amount they are willing to pay for the recyclable materials. Whatever the amount of recovery, the collection company is bound by contract to pick up the material and sell it. C/Ansari believed the City needs to seriously consider implementation of a multi -family residential recycling program. She asked what effect the changes in Sacramento will have on the cities. Mr. Huls felt that cities will see a greater emphasis on regulations. With the appointment of former Senator Roberti, he believed the Southern California area will have a greater voice and a better understanding of the mandates. Dave Reynolds encouraged the'City to establish standards and definitions prior to June 30, 1999 in order to give the haulers an opportunity to more properly institute the programs. CM/Belanger stated that D.B. currently has a modified open market system. Any hauler who wishes to do business in D.B. must agree to adhere to the City's standards which has significantly reduced the number of haulers. Every two years, haulers must apply for renewal of their permit. As of June 30, 1999, all permits expire which means that the haulers doing business in D.B. have to decide whether they want to continue doing business for the next two years. Red Calkins said that when a City has one hauler, it cannot control charges and he said he wants the ability to choose his hauler. Council Member Huff arrived at 6:26 p.m. Mr. Huls indicated that the City is not obligated to give a two year permit extension. The permit may be extended for any period of time - 3 months, 6 months, etc. However, the City is rapidly reaching the time that it needs to make decisions about solid waste recycling. The public forum is the best MARCH 2, 1999 PAGE 7 approach for putting forth information and receiving feedback. Bill George stated that the closure date for SPADRA will be extended at least another six months. He reiterated his concern that with the new regime in Sacramento, standards will be tightened. He is concerned that the state regulators do not seem to have a clear concept of the relationship between costs and benefits. 3. ADJOURNMENT: There being no further business to conduct, Mayor Chang adjourned the Study Session at 6:31 p.m. to the regular City Council Meeting. LYNDA BURGESS, City Clerk ATTEST: Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 2, 1999 1. CLOSED SESSION: - 4:00 p.m., SCAQMD Room CC -8 Conference with Legal Counsel - Pending Litigation (Subdivision (a) of Section 54956.9): Dolezal vs. City of Diamond Bar. STUDY SESSION: Called to order at 4:38 p.m. in Room CC -8 of the South Coast Air Quality Management Building. a) Discussion of Minnequa Landslide b) Solid Waste Task Force Reports 2. CALL TO ORDER: Mayor Chang called the meeting to order at 6:42 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Girl Scout Junior Troop 730 INVOCATION: The Invocation was given by Pastor Dennis Stuve, Mt. Calvary Lutheran Church. ROLL CALL: Council Members Ansari, Huff, Mayor Pro Tem O'Connor, Mayor Chang. Council Member Herrera was excused. Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director, Linda Magnuson, Finance Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: Presentations were re -ordered and Items 8.1 and 9.2 were continued to March 16, 1999. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Certificate of Recognition to Janet Eastman for Girl Scout Gold Award. 3.2 Proclaimed the week of March 2, 1999 as Girl Scout Week. 3.3 Presentation by Donna Georgino, Region IV Representative for California Parks & Recreation Society of CPRS Award of Merit to City Council and staff Re: Pantera Park Design. MARCH 2, 1999 PAGE 2 CITY COUNCIL 3.4 Introduced two new City employees: Stella Marquez, Planning Division Secretary and Sharon Gomez, Public Works Division Secretary. 3.5 Presentation by Lanterman Development Center Re: Proposed Services Expansion Project. 4. PUBLIC COMMENTS: Dexter MacBride, on behalf of the Mt. SAC Board of Trustees, invited everyone to attend "The Tillet Exhibit" at the institution's Art Gallery March 17 through 26, 1999, to view a masterpiece entitled "The Arrival of the Spanish in Aztec Mexico" presented for the very first time on the west coast depicting the arrival of Cortez in the New World. There is no charge or gallery fee to view the tapestry. Grace MacBride asked why the public was not notified about the Lanterman expansion project until tonight's meeting and why is D.B. the only City contiguous to the facility that did not respond to the EIR. She believed City officials made a poor decision when they decided to take a "wait and see" attitude regarding this matter. Red Calkins complained about the lack of public information regarding the Lanterman expansion project. Martha Bruske asked Council to share the results of Council's study sessions with the public. She recommended that the Council adopt a Mission Statement. She asked for a report on the Minnequa Landslide and Solid Waste issues. Don Gravdahl said he first heard about the Lanterman expansion project two weeks earlier. The February 9, 1999 Mitigated Negative Declaration contains letters from the Cities of Pomona and Walnut but none from D.B. He asked to know why D.B. did not notify its citizens about this project and why the City did not forward a letter to the State of California regarding this matter. Zack Flisik thanked Council and staff for their support in consideration of constructing a skateboard park in next year's budget. Ernie Aldrete thanked the City and the residents for their support of the Trinity Board Shop. He asked the City to consider constructing a skateboard park to help eliminate skateboarders from using shopping center parking lots. He felt embarrassed that he has to take local youth to skateboard parks outside of the City in order for them to be able to practice their sport. Aaron Flisik said that although skateboarding is not an organized sport, there are fields for basketball, baseball, soccer, etc. There is no place for MARCH 2, 1999 PAGE 3 CITY COUNCIL skateboarders in D.B. A skateboard facility would provide a win-win for the skateboarders and the merchants. He thanked Council for their consideration. Martha Bruske asked for an explanation of Consent Calendar Item No. 6.5. Dr. Lawrence Rhodes stated that sex offenders and criminal types that might escape and become a problem to the community are not allowed at Lanterman per State law. Mrs. Maple, representing Lanterman Developmental Center, stated that fact sheets related to the Lanterman expansion project are available upon request from any member of the public. She encouraged people to attend the March 27, 1999 meeting and express their concerns and ask questions. The facility is always available to provide tours and answer questions. People receiving services from the expansion project will not be coming from a State hospital. Lanterman is a developmental center and in order to come to a development center, individuals must be mentally retarded which is different from mentally ill. The people who will receive services from Lanterman will have a mental age from 4 to 10 and they will have a range of retardation from profound to mild. Lanterman is not to be confused with a state hospital. Lanterman does not serve the mentally ill, criminally insane, or violent sexual offenders. Captain Richard Martinez, Walnut Sheriff Station, stated that he and other law enforcement agency members meet regularly with Lanterman officials and that there is an ongoing dialogue regarding the program security issues and concerns. He further stated that he has toured the Porterville facility and there is no correlation between what occurred at Porterville and what will occur at Lanterman. He felt that every effort had been made to ensure that the Lanterman facility is as safe as possible and will protect the public from every foreseeable problem. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - Tuesday, March 9, 1999 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - Thursday, March 11, 1999 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - Tuesday, March 14, 1999 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.4 COMMUNITY/CIVIC CENTER TASK FORCE - Wednesday, March 24, 1999 6:30 p.m., SCAQMD Room CC -2,21865 E. Copley Dr. MARCH 2, 1999 PAGE 4 CITY COUNCIL 5.5 FOUR CORNERS TRANSPORTATION POLICY GROUP COMMITTEE MEETING - Monday, March 29, 1999 - 9:00 a.m. - 11:30 a.m. - SCAQMD, 21865 E. Copley Dr. 5.6 CITY 10th BIRTHDAY PARTY - April 18, 1999 - 12:00 - 5:00 p. m., Peterson Park, 24142 E. Sylvan Glen Dr. 6. CONSENT CALENDAR: C/Ansari moved, C/Huff seconded, to approve the Consent Calendar, with the exception of Item No. 6.5. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Herrera 6.1 APPROVED MINUTES: 6. 1.1 Study Session of February 16, 1999 - As submitted. 6.1.2 Regular Meeting of February 16, 1999 - As submitted. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of December 8, 1998. 6.2.2 Regular Meeting of January 12, 1999. 6.2.3 Regular Meeting of January 26, 1999. 6.3 APPROVED VOUCHER REGISTER - dated March 2, 1999 in the amount of $539,757.84. 6.4 REVIEWED & APPROVED TREASURER'S REPORT - for January, 1999. 6.6 ADOPTED RESOLUTION NO. 99-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR INSTALLING MULTI - WAY STOP SIGNS AT THE INTERSECTIONS OF SANTAQUIN DRIVE/REDGATE CIRCLE AND KIOWA CREST DRIVE/DEERFOOT DRIVE. 6.7 RESOLUTION NO. 99-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR INSTALLING MULTI -WAY STOP SIGNS AT THE INTERSECTION OF MOUNTAIN LAUREL WAY AND PECAN GROVE DRIVE. 6.8 AWARDED CONTRACT FOR SPECIAL LEGAL SERVICES TO RICHARDS, WATSON & GERSHON FOR REVIEW OF THE CABLE TELEVISION TRANSFER - pertaining to the Cable Television MARCH 2, 1999 PAGE 5 CITY COUNCIL Transfer Application in an amount not -to -exceed $2,000 and authorized the City Manager to enter into said contract. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.5 RESOLUTION NO. 99-09: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF BALLFIELD LIGHTS AT LORBEER MIDDLE SCHOOL IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. Martha Bruske asked why the City would get involved in funding equipment at schools. CM/Belanger stated that funds for installation of ballfield lights at Lorbeer Middle School are provided by Quimby funds that are received by the City from developers. Joe Nolan, Dream Engineering, presented a site plan showing the lighting design and location of the poles. Following discussion, C/Ansari moved, MPT/O'Connor seconded, to adopt Resolution No. 99-11 approving plans and specifications for installation of ballfield lights at Lorbeer Middle School. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Herrera 7. PUBLIC HEARINGS: 7.1 RESOLUTION NO. 99-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING GENERAL PLAN AMENDMENT NO. 98-1 - At the request of Council, the Planning Commission reviewed and considered an amendment to the General Plan Land Use Element, Objective 1.5, Strategy 1.5.3. The proposed amendment would insert text to require an election for removal or modification of an open space deed, easement, map restriction or land use map designation. The Planning Commission took action on January 26, 1999, recommending Council adoption of GPA No. 98-1. M/Chang opened the Public Hearing. MARCH 2, 1999 PAGE 6 CITY COUNCIL There being no testimony offered, M/Chang closed the Public Hearing. In response to C/Ansari, DCM/DeStefano explained that the question of lifting map and deed restrictions with respect to the SunCal project would not have gone to a vote of the people because the property contained within the SunCal application does not contain an open space easement deed or map restriction, or designation. CM/Belanger stated that the property that has been proposed to be dedicated to the City will be dedicated as open space. Any future discussion about changing the designation from open space to some other type of land use would require a vote of the people. C/Huff thanked the Planning Commission for their diligence in reviewing the language of the proposed General Plan Amendment. Following discussion, C/Huff moved, C/Ansari seconded, to adopt Resolution No. 99-12 approving General Plan Amendment No. 98-1. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS — Ansari, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Herrera 7.2 CONTINUED PUBLIC HEARING - INTRODUCTION OF AMENDMENT TO TITLE 22 OF THE DIAMOND BAR MUNICIPAL CODE TO INCORPORATE DEVELOPMENT STANDARDS FOR RADIO, TELEVISION AND WIRELESS TELECOMMUNICATIONS FACILITIES - The City established a Telecommunications Task Force to review issues related to the siting and design of telecommunications facilities. The Task Force completed its work in October 1998. In November 1998, Council received a report from the Task Force outlining its findings and recommendations. The Draft Ordinance establishes new standards and criteria for placement of radio, television and wireless telecommunication facilities within commercial, industrial and, under certain conditions, residential zones. The Planning Commission concluded its review of the Ordinance on February 9, 1999 and recommended adoption. On February 16, 1999, Council opened the Public Hearing, received testimony and continued discussion to March 2, 1999. DCM/DeStefano stated that placement of amateur radio station antennas is a permitted use under the ordinance subject to approval of a Conditional Use Permit. This ordinance requires a 4/5 vote for MARCH 2, 1999 PAGE 7 CITY COUNCIL approval. M/Chang opened the Public Hearing. Martha Bruske asked under what circumstances the City would place telecommunications facilities in residential zones. Timothy Davis, Carrier Solutions Manager, Southern California Edison, stated that his company has over 14,000 transmission towers throughout its service territory. They are looking to make the towers available to the wireless cellular local multi -point distribution services and digital PCS carriers for mounting of equipment. He indicated that SCE encourages cellular carriers to mount their equipment under the transmission tower in order to render the installation as aesthetically pleasing as possible. C/Huff asked if it is possible to place the support equipment underground. Does SCE limit the number of antennae that can be attached to the towers? Mr. Davis indicated that at this point, SCE has not mandated the type of installation the carriers must provide. The number one goal of SCE is safe and reliable transmission of electricity. SCE allows only one attachment per tower due to the limitations of the wind load factor. Monty Brown asked why the City would want to limit radio antennas in residential neighborhoods. He recommended that the Council relook at the proposed ordinance and remove limitations placed on amateur radio operators. Marty Zimmerman, NexTel, complimented staff on the preparation of a smart ordinance. He pointed out the urgency in getting sites in the area to service the 10,000 to 15,000 new customers per month coming on the NexTel network. There being no further testimony offered, M/Chang closed the Public Hearing. DCM/DeStefano offered the following amendments to the Ordinance: On Page 3, Section 8, following the phrase "pursuant to California Government Code Section 36937B, add the following: "It is necessary for the immediate preservation of the public peace, health and safety to adopt the regulations contained within the ordinance"... etc. On Page 3, Section 9, the section should state.. "The radio and television and wireless telecommunication ordinance attached hereto as Exhibit A is hereby adopted as an urgency MARCH 2, 1999 PAGE 8 CITY COUNCIL measure and it shall take effect immediately upon passage". On Page 3, add Section 10 to read: "Ordinance No. 4B (1997) is hereby repealed". Following discussion, C/Huff moved, C/Ansari seconded to waive full reading and adopt, by urgency, Ordinance No. 4 (1999) entitled: AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING AN AMENDMENT TO TITLE 22 OF THE DIAMOND BAR MUNICIPAL CODE TO INCORPORATE DEVELOPMENT STANDARDS FOR RADIO AND TELEVISION ANTENNAS AND WIRELESS TELECOMMUNICATIONS ANTENNA FACILITIES (CASE NO. ZCA 98-2) AND DECLARING THE URGENCY THEREOF. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Herrera 8. OLD BUSINESS: 8.1 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING AN EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 51253, CONDITIONAL USE PERMIT 92-12 AND OAK TREE PERMIT NO. 92-9 FOR A PROPERTY LOCATED EAST OF MORNING SUN AVENUE AND NORTH OF PATHFINDER ROAD - Amrut Patel of SASAK Corporation has requested approval of a one-year extension of time in order to subdivide approximately 6.7 acres into 21 single family lots. CONTINUED TO MARCH 16, 1999. 8.2 MATTER OF MID -YEAR BUDGET ADJUSTMENT #1 for FY 98/99 General Fund Budget and FY 98/99 Special Funds Budget. MPT/O'Connor moved, C/Huff seconded, to approve the budget adjustments for FY 98/99 General Fund Budget and the FY 98/99 Special Funds Budget. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Herrera 8.3 PARK IMPROVEMENTS AND ADA UPGRADES FOR RONALD REAGAN PARK AND HERITAGE PARK - MARCH 2, 1999 PAGE 9 CITY COUNCIL (A) For FY 98/99, Ronald Reagan and Heritage Parks were scheduled for ADA retrofit/upgrades. On December 5, 1998, Council authorized staff to advertise for bids for Park Improvements and ADA Upgrades for these two parks. MPT/O'Connor moved, C/Huff seconded to (a) approve a budget adjustment which includes allocation of additional CDBG funds in the amount of $109,000 to increase the total budget amount for this project to $439,000 from the current $311,700; (b) award a construction contract to 4 -Con Engineering, Inc. in an amount not -to -exceed $366,650.75 and provide a contingency amount of $15,000 for project change orders to be approved by the City Manager, for a total authorization of $381,650.75. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Herrera (B) Council awarded a construction contract to 4 -Con Engineering, Inc. for park improvements and ADA upgrades for Ronald Reagan and Heritage Parks. Staff proposed to award a construction inspection services contract to D&J Engineering. As the City's Building & Safety Consultant/Building Official, D&J is thoroughly familiar with ADA standards and code compliance requirements. MPT/O'Connor moved, C/Ansari seconded to authorize the City Manager to execute a purchase order for D&J Engineering for construction inspection services in an amount not -to -exceed $14,875. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Herrera 8.4 RESOLUTION NO. 99-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING INSTALLATION OF A 50 -FOOT RED CURB NORTH OF, AND A 25 -FOOT RED CURB SOUTH OF PASCO COURT ON FALLOW FIELD DRIVE - To MARCH 2, 1999 PAGE 10 CITY COUNCIL improve the sight visibility distance of motorists at the intersection of Fallow Field Dr. and Pasco Ct., the Traffic & Transportation Commission recommended installation of a 50 foot red curb north of and a 25 foot red curb south of Pasco Ct. on Fallow Field Dr. The vicinity of this intersection is utilized mainly by visitors and employees of First Mortgage Corporation during the week for two hours between 8:00 a.m. and 5:00 p.m. Following discussion, MPT/O'Connor moved, C/Huff seconded, to adopt Resolution No. 99-13 approving installation of a 50 foot red curb north of and a 25 foot red curb south of Pasco Ct. on Fallow Field Dr. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Herrera 9. NEW BUSINESS: 9.1 AWARD OF CONTRACT FOR DIAL -A -CAB SERVICES TO DIVERSIFIED PARATRANSIT - In December 1999, the City released a Request for Proposals for Dial -A -Cab Services. The RFP was mailed to six taxi/paratransit service providers and only one firm responded - Diversified Paratransit, Inc. Diversified has been providing dial -a -cab services to the City since April 1995. These services are offered to residents who are 60 years of age and older and persons with disabilities, 7 days a week, 24 hours a day, as a demand -response system. The boundaries for coverage are Arrow Hwy. to the north; Imperial Hwy./Carbon Canyon Rd. to the south; Central Ave. to the east and Hacienda Blvd./Amar/Sunset to the west. In addition to the boundaries, the City has designated 29 medical facilities, Ontario Airport and Fullerton Amtrak Station. The fares are $.50 within City limits and $1.50 outside City limits within the boundaries or designated facilities. Martha Bruske felt that the City is throwing away its Proposition A funds by providing this program. C/Ansari recommended increasing the fee to Ontario Airport and Fullerton Amtrak Station from $1.50 to $5.00 per one-way trip. She stated that senior citizens have expressed concerns about the dial -a - cab door latches opening more easily. She said that she is pleased with the response of the company but is concerned about the length of time between calling for a cab and actual pickup. MARCH 2, 1999 PAGE 11 CITY COUNCIL MPT/O'Connor agreed with C/Ansari that the fee to Ontario Airport and Fullerton Amtrak Station should be increased from $1.50 to $5.00 per one-way trip. In response to MPT/O'Connor, CM/Belanger explained that Proposition A Funds are intended to be used for trans it/transportation services (buses, shuttles and other types of conveyances). These funds may also be used, on a limited basis, to create concrete bus pads where buses stop as well as senior citizens' excursions. In addition, D.B. has a very aggressive and successful transit subsidy program. All related activities must be approved by MTA. CA/Jenkins stated that it may be advisable to place this matter on a future agenda so that the affected persons would have some notice of and opportunity to comment on the proposed increase. C/Huff left the meeting at 10:15 p.m. Following discussion, C/Ansari moved, M/Chang seconded, to award a contract for Dial -A -Cab services to Diversified Paratransit, Inc. for the period April 1, 1999 to June 30, 2000 and direct staff to bring back a report on increasing the fees for ridership to Ontario Airport and the Amtrak Station in Fullerton. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Herrera, Huff 9.2 MATTER OF APPOINTMENT OF TWO DELEGATES AND ONE ALTERNATE TO THE TRES HERMANOS CONSERVATION AUTHORITY BOARD OF DIRECTORS - The City Councils of D.B. and Chino Hills have entered into a Joint Exercise of Powers Agreement which forms the Tres Hermanos Conservation Authority. The THCA/JPA provides for each City to have two members on the board of directors and one alternate. CONTINUED TO MARCH 16, 1999. RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the City Council Meeting to the Redevelopment Agency at 10:21 p.m. RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Council meeting at 10:25 p.m. MARCH 2, 1999 PAGE 12 CITY COUNCIL 10. COUNCIL SUB -COMMITTEE REPORTS AND COUNCIL MEMBER COMMENTS: C/Ansari stated that Council had been very busy during the previous two weeks. On February 17, she and MPT/O'Connor attended a Contract Cities Meeting. The Council Members met with legislators in Sacramento on February 18 to attempt to insure that additional monies are not taken away from cities. She attended the Parks award ceremonies in Santa Clara. On February 23, she attended an all day water conference at CalPoly. On February 24, the YMCA held its fundraising kickoff. She attended the Troop 7 Boy Scout Court of Review. Troop 7 has had more than 45 Eagle Scouts and have an average of two new Eagle Scouts per month. The CLOUT meeting was held on February 25 during which she had an opportunity to see the newly remodeled Claremont City Hall, skateboard park and pooch park. On February 26, the Council attended the Chamber of Commerce Breakfast with Assemblyman Bob Pacheco. In the afternoon, she attended the final SCAG Solid Waste Committee meeting. In the evening, she attended the SCAG retirement dinner as well as the City of Pomona's honor ceremonies for former Council Member Nell Soto. Further, she attended the AB939 (trash and solid waste) meeting at the SCAQMD conducted by consultant J. Michael Huls. On April 25, the Friends of the Library will hold a Wine Soiree. She encouraged citizens to participate in the fundraising for Pacific Crest Drum and Bugle Corp and for the South Pointe Middle School band. MPT/O'Connor stated that on February 17, she attended the Contract Cities meeting. On February 19, she attended a Transportation Conference dealing with the Alameda East Corridor Project. On February 20, she assisted in the delivery of 3400 cases of Girl Scout cookies. She attended the CPRS awards banquet in recognition of the City's work on Pantera Park that night. On February 24, she attended the YMCA campaign kickoff. On February 25, she attended the Eggs & Issues Breakfast sponsored by the Chamber of Commerce. The featured speaker was Assemblyman Bob Pacheco. Also on February 26, she attended the Finance Committee meeting, which is open to the public. Friday evening she attended the D.B. High School Las Vegas Night, which is a fundraising activity for the school's future stadium. On February 27, she and C/Herrera attended the opening ceremonies for Girls Softball. On February 28, she and C/Huff and C/Herrera attended the Little League's opening ceremonies. On Sunday evening, she attended the CIF Football Champion's banquet honoring the CIF champions. She invited any citizen who is concerned about the meetings she attends to contact her for further information. Responding to earlier comments, she stated that Council study sessions are open to the public; the date, MARCH 2, 1999 PAGE 13 CITY COUNCIL time and location is stated on the published agenda. She encouraged concerned citizens to participate. She emphasized that no Council actions are taken during study sessions. Actions are taken during Council meetings in the public forum. She asked that a Sheriffs Department presentation regarding the status of school traffic enforcement be placed on a future agenda. M/Chang reiterated that Council Members had been very busy during the last two weeks. With respect to the Lanterman expansion project, the matter had been ongoing for some time. The facility is not located in the City and they are following the law. He stated that it was his fault for not responding to the EIR and apologized to the residents. He believed that Council Members are making every effort to represent the wishes of the citizens and to report back to the residents regarding matters of concern. He apologized for not being able to attend all City functions. However, there is generally a Council Member available to represent the City. He spoke about visiting the State Legislature in an attempt to assist the flow of monies back to cities. Each Council Member works very hard on behalf of the City to bring the best to D.B. and improve the quality of life for the residents. 11. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the meeting at 10:43 p.m. ATTEST: c -- Mayor P. LYNDA BURGESS, City Clerk