Loading...
HomeMy WebLinkAbout04/20/1999 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 20, 1999 CLOSED SESSION: 5:00 p.m., SCAQMD Room CC -8 Initiation of Litigation Government Code Section 54956.9 2. CALL TO ORDER: Mayor Chang called the City Council meeting to order at 6:43 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. CA/Jenkins reported that during Closed Session, Council directed the City Attorney to work with special legal counsel to file a lawsuit against the State of California objecting to the expansion of the Lanterman facility. ROLL CALL: Council Members Ansari, Herrera, Huff, MPT/O'Connor, M/Chang. Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Finance Director, and Lynda Burgess, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Tom Ortiz. INVOCATION: The Invocation was given by Pastor Larry Grigsby, Calvary Chapel. APPROVAL OF AGENDA: CM/Belanger requested that Agenda Item 7.1 (a) and (b) be continued to May 4, 1999. C/Huff asked that Council Comments and Subcommittee reports be brought back to the front part of the agenda after Special Presentations, Certificates, Proclamations and prior to Public Comments. M/Chang recommended that the Council Comments and Subcommittee reports be placed on the agenda following Public Comments. Council concurred to place the Council Subcommittee reports on the Agenda following Public Comments. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificates of Recognition to D.B.H.S. Students for receiving perfect SAT scores. 3.2 Presented City Tile to Lt. Dave Stothers upon his retirement from the Los. Angeles County Sheriffs Department. APRIL 20, 1999 PAGE 2 CITY COUNCIL 3.3 Proclaimed April 30, 1999 as "Dia de los Ninos; Celebrating Young Americans." 3.4 Proclaimed April 25 through May 1, 1999 as "Safety Seat Checkup Week." 3.5 Presentation by Foothill Transit regarding its 10th anniversary of service. 3.6 Informational update regarding City Council efforts to oppose the Lanterman Developmental Center Forensic Expansion Project. M/Chang stated that there is nothing more important in the City than the Lanterman Project. Council adopted a resolution in opposition to the project and copies were sent to all State legislators. On April 7th, he called Irene Kim at Lanterman and suggested that employees of Lanterman refrain from harassing demonstrators and that everyone should treat one another with respect, even though we may not agree. She stated that she would pass the message on to both staff and employees of Lanterman. On the 8th, he called Cal Poly and asked them to send a representative to attend the public hearing to be held by Assemblyman Pacheco at Walnut City Hall and asked Cal Poly President Suzuki to send written opposition to the project. Further, he spoke with Walnut Council Member Larry Waldie and asked for his support in opposing the Lanterman Project. Further, on the 9th, he spoke to Congressman Gary Miller to thank him for writing the letter against the project, along with Congressman David Dreier. Congressman Miller indicated that he would put pressure on the State and, if necessary, $14 million of Federal funding could be cut if this project is still ongoing. He also indicated that he had spoken to the Chinese newspaper to provide information about the project, explain the City's opposition to it and express the need to have residents join the opposition by faxing or calling their State legislator and signing the petition opposing the project. On the 13th he called Sheriff Lee Baca and left a message asking him to support the opposition. On the 15th, Council held an Executive Session to discuss the possibility of legal action against the project. The decision was made to do so. All Council Members signed a letter to the Governor opposing the project. Both MPT/O'Connor and M/Chang spoke with P.U.S.D. Superintendent Patrick Leier and two Board Members to encourage them to adopt a resolution of opposition. He thanked Sen. Mountjoy for his continuing support in opposing the Project and had staff contact Joe Baca, President Pro Tem of the Senate, to ask for his support. APRIL 20, 1999 PAGE 3 CITY COUNCIL MPT/O'Connor stated that she had been taking phone calls daily, both at City Hall and at home, and thanked the residents that have called to get updated information and ask their questions. On April 8th, she attended the Chamber of Commerce Legislative Breakfast meeting and brought them up to date. She attended the Walnut Town Forum and spoke about some of the discrepancies that she had heard as a member of the Advisory Committee with Lanterman. On April 14th she attended an Economic Summit held at Cal Poly and spoke with a representative from the Lt. Governor's Office and asked the representative what the economic benefit would be to the City, Cal Poly Pomona and the surrounding areas to have the Lanterman "Prison" in our area. His response was "that's a very good question, I'll have to get back to you." She announced that a meeting would be held on April 27th at 7:30 p.m. at PUSD to discuss the project and encouraged residents to attend to lend their support to the resolution that will be presented. She too, attend the Pomona Chamber of Commerce Power Lunch attended by Congressmen Miller and Dreier, Sen. Mountjoy, Sen. Baca, Assemblymen Pacheco, Margett and Soto and thanked all of them for their letters of support in opposition to Lanterman. She also encouraged them to keep this on the front burner, because there is $1.7 million for the 1999-2000 budget for Lanterman. Efforts should be focused on the Governor at this point in time. On the 19th there was another Task Force Meeting, at that time the members were brought up to date on what the City has been doing on the political realm. She wrote letters to the State Representatives in attendance at the Town Forum on April eh asking them what action they had taken and expressing that the City is anxiously awaiting their response to the citizens' questions and the possibility of transferring different types of clients to Lanterman and leaving the forensic patients in Porterville. That letter was dated April 12th; however, we have not yet had a response. She also wrote a letter to Mr. Schleppe concerning the public notification and the subscription for the Daily Bulletin, S.G. Tribune, L.A. Times and the O.C. Register and how many subscribers there are in D.B. Determining whether that was an adequate public notice. She attended the D. B. Chamber of Commerce Board Meeting this morning and attempted to bring them up to date as to what is happening with Lanterman. C/Huff indicated that he had attended the April 81h the Town Hall meeting and spoke with all Council Members in attendance from the surrounding cities, including Sen. Mountjoy and Assemblyman Pacheco to convey the City's concerns so they have a good idea of where D.B. stands. On the 12th he had a lengthy conversation with a Council Member from Norwalk who had a similar situation in their community, and she suggested that the City work with State APRIL 20, 1999 PAGE 4 CITY COUNCIL Representatives Martha Escutia and Tom to try to bring about joint legislation so these things do not happen again. On the 15th, Council signed a letter to Gov. Davis urging an audience, also on the 15`h there was a COG meeting, where he spoke with other members regarding the Lanterman Project. On the 16`h, he attended a breakfast meeting attended by Assemblyman Pacheco and staff from Bob Margett's office where the situation was discussed. On the 16`h, he faxed a letter to the President of the Chamber requesting that the Chamber take a position in opposition. At the City's Birthday on the 18`h, he spoke to many people in the community regarding the project and attended the rally after. C/Herrera stated that on approximately April 13`h, she sent a letter to the WVUSD asking the school board to take a position of opposition. She received a phone call from one of their Board Members asking what she could do to help. Most of the Council Members were at the meetings previously addressed. She indicated that she would be going to Sacramento the next day to participate in a function with Sen. Richard Polanco, Assemblywoman Denise Ducheny, Sen. Richard Alarcon, Sen. Joe Baca, and Assemblyman Antonio Villaraigosa. These are "key" people within the State Legislature, who will receive letters asking them to join with the cities of D.B., Pomona, and Walnut to oppose the Lanterman Expansion Project. We are gaining support everyday, editorials in favor of stopping the expansion. The public pressure needs to continue. C/Ansari stated that on April 5`h, the Council spoke to9 the Pomona City Council and on the 6`h, they adopted a Resolution. On the 81h she met with Lee Baca asking him to come on board with the City, he guaranteed he would take a position and speak with the Governor in opposition, because he felt Lanterman was not the right place for forensic patients. On the 8`h, she met with the SCAG General Assembly, where she spoke local politicians about the situation with Lanterman and urged them to speak with their Assemblyman in their Districts to have them come on board as well. On the 9`h, she went to a Chamber function and spoke with Gary Miller and the staff of the Windmill concerning Lanterman, urging them to get more information. On the 13"', she discussed the issue of Lanterman with attorney Gary Shey, Chairman of the L.A. County Democratic party and asked him to use his influence with democratic legislators to stop the project. On the 16`h, she asked Assemblyman Lowenthal in Long Beach (Legislative Chair of Contract Cities) for his support. Further, she was a guest panelist on the Bill Rosendahl Show and spoke against the project at that time. She wrote letters to Assemblywoman Martha Escutia, Assemblywoman Dion Aroner, Chair of the of the Health Committee and to Assemblyman Villaraigosa. APRIL 20, 1999 PAGE 5 CITY COUNCIL CM/Belanger stated that on April 8th, the Task Force asked Lanterman whether forensic patients had already been housed at their facility and the response was "no." If Lanterman had answered "yes," they would have been in violation of the law since they don't have the proper security facilities. Staff will endeavor to find another way to discover whether there are. currently forensic patients or if there have been recently forensic patients at the Lanterman facility. A report will be given on this matter at the next Task Force meeting. 4. PUBLIC COMMENTS: Jaime Pardo said that the D.B. exit sign on the eastbound SR 60 is not visible during the evening hours and asked if the sign could be illuminated. He also requested that the D.B. Blvd. exits be labeled North D.B. Blvd. and South D.B. Blvd. respectively. Clyde Hennessee commended the D.B. residents for rallying to the efforts of opposing the Lanterman expansion project. He further commended Council and staff for their efforts to oppose the project. He asked Council to remember that competition among vendors is good for the City. Martha Bruske asked why the Lanterman issue is not an agenda item this evening so that the matter can be publicly discussed. She asked if Council has a contingency plan in the event that the Lanterman project moves forward and what plans the Council has for healing the community. She expressed concern that it is important for Council and the public to hold discussions regarding this matter. Sue Sisk, Chairperson, Lanterman Task Force, said that the previous evening's task force meeting was interrupted because the members were not previously informed about certain rules and guidelines that it must follow. She asked Council to contact her to discuss this matter further. She wanted the public to know that the task force is working on their behalf. She outlined the group's efforts and thanked Council for their support. David Bell asked Council and City Attorney to support the Mt. SAC Board's proposed Resolution calling for an investigation into Lanterman's history. He also asked Council to stop the politics and assist with funding for the lawsuit being proposed by the residents who live on Happy Hollow Road. Tom Ortiz said that if he had met with Lanterman officials over a year ago he would have asked them more questions about the types of patients that were anticipated to be included in the expansion. Kim Chapman said she is very upset about the Lanterman expansion project. She suggested that the Little League adopt a Resolution opposing the project. APRIL 20, 1999 PAGE 6 CITY COUNCIL Al Rumpilla said that the State of California lied to the Council and City Manager about what kind of patients would be accommodated by the Lanterman expansion project. However, it does not excuse Council from informing the public. Bob Watts, 23845 Strange Creek Dr., asked what the City's focus will be when it files a lawsuit against the State of California. CWBelanger stated staff will contact CalTrans tomorrow to obtain an answer for Mr. Pardo. The Task Force has asked staff to determine whether Forensic patients will be housed at the Lanterman facility when the expansion is completed. He indicated that this question was asked of Lanterman officials at the April 8 meeting and they responded that there will be no forensic patients housed in the Lanterman facility. Staff will endeavor to find another way to discover whether there are currently forensic patients or whether forensic patients have recently been housed at the facility and to prepare a report for the Task Force committee's next meeting. CA/Jenkins stated that the City cannot engage in "grass roots" lobbying and that it is improper for City funds to be expended in attempting to persuade people to persuade their State and Federal officials on a particular course of action. The City has attempted to draw some distinction between disseminating information, conducting meetings, making recommendations on one hand, which is an appropriate course of conduct for a City Task Force and other types of activities such as petition gathering, or engaging in protests, or engaging in other sorts of "grass roots" lobbying behavior which is more appropriate for a private group of citizens and not a City Task Force. There has been some notion that the use of the word "prison" was inflammatory and inaccurate and not appropriate for the City's Task Force to employ. There has been no discussion limiting the use of that terminology on the part of private citizens or groups of citizens. There is no problem with the use of "stop" in printed materials. According to the law, the Lanterman expansion facility is not a "prison." The goal of the City is to avoid grass roots lobbying and to avoid the use of incorrect terminology on official City documents which the City is responsible for preparing at City expense. A prison is under the jurisdiction of the State Department of Corrections. The Lanterman facility is not technically a prison within the State of California. 5. COUNCIL SUBCOMMITTEE REPORTS: C/Ansari stated she attended the following: Library Week; the Chamber of Commerce Installation Dinner; the Water Quality Committee meeting during which the new Water Bond issue was discussed; the Inland Valley Micro Enterprise Committee meeting; a Legislative Board meeting for Contract Cities during which Solid Waste Bill AB939 was discussed, and an Alternate Dispute Resolution meeting. APRIL 20, 1999 PAGE 7 CITY COUNCIL C/Herrera reported her participation in the following subcommittee meetings: Finance Committee; Legislative Subcommittee; Tres Hermanos Conservation Authorit:- (Joint Powers Authority) during which discussions regarding the use of land between D.B. and Chino Hills was discussed; and the Lanterman Expansion Project Subcommittee meeting. C/Huff reported on the following meetings: Walnut School District meeting as liaison; Alameda Corridor East Construction special board meeting as Chairman; Community Center/Civic Center Task Force Meeting as Chairman; Council of Governments (COG) meeting; the City's Birthday Party; and the Tres Hermanos Conservation Authority as Chairman. MPT/O'Connor reported on the following meetings: Chamber of Commerce Legislative breakfast meeting; Chamber of Commerce Installation; Community Center/Civic Center Task Force meeting; Pomona Unified School District Subcommittee meeting; 10th City Anniversary Celebration Subcommittee as City Council liaison. She commended everyone who participated in the success of the Celebration and asked that they be recognized at the next Council meeting. Further, she attended the Lanterman Task Force Subcommittee meeting; Chamber of Commerce Board meeting as the City's liaison; and YMCA Golf Tournament committee meeting. She serves as delegate to the Wildlife Corridor Conservation Authority (WCCA). The next meeting is scheduled for Wednesday, May 5. WCCA has received notice that D.B. can appoint two representatives to WCCA's Advisory Committee. She encouraged citizens who are concerned about environmental issues and who might wish to participate on the committee to request an application form from the City. M/Chang reported on his attendance at the Pomona Unified School District meeting, the Economic Development Subcommittee meeting and participation in many City functions. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS & RECREATION COMMISSION - April 22, 1999 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.2 CITYWIDE CURBSIDE BULKY ITEM COLLECTION - April 24, 1999 - 7:00 a.m. 5.3 PLANNING COMMISSION MEETING - April 27, 1999 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING - Tuesday, May 4, 1999 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. APRIL 20, 1999 PAGE 8 CITY COUNCIL 6. CONSENT CALENDAR: C/Herrera moved, C/Ansari seconded, to approve the Consent Calendar, with the exception of Item Nos. 6.1.1, 6.5, 6.11 and 6.13. Motior carried by the following Roll Call vote with MPT/O'Connor voting No on Check Nos. 35342 through 35347 on the Warrant Register because the entire Council had not yet had an opportunity to provide their input on the Community Support Fund. MPT/O'Connor also abstained from voting on approval of the Study Session Minutes of April 6, 1999. AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: 6.1 .1 Study Session of April 6, 1999 - as submitted. 6.2 APPROVED VOUCHER REGISTER - dated April 20, 1999 in the amount of $1,068,400.38. 6.3 REJECTED CLAIM FOR DAMAGES - Filed by Kathryn McGrath on April 5, 1999 and referred the matter for further action to the City's Risk Manager. 6.4 ADOPTED RESOLUTION NO. 99-22: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF MULTI -WAY STOP SIGNS AT THE INTERSECTION OF GOLDRUSH DRIVE AT HIGHCREST DRIVE. 6.6 ADOPTED RESOLUTION NO. 99-23: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE 1998-1999 CDBG HANDICAP RAMPS PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.7 AUTHORIZED THE CITY MANAGER TO APPROVE ADDITIONAL PURCHASE ORDERS FOR ON-CALL SOILS AND GEOTECHNICAL ENGINEERING SERVICES OF CONVERSE CONSULTANTS FOR EXISTING PROJECTS - from existing developer accounts to continue the pre -October 6, 1998 assignments for soils and geotechnical engineering services of Converse Consultants in an amount not -to - exceed $51,489 through FY 99-2000. APRIL 20, 1999 PAGE 9 CITY COUNCIL 6.8 AUTHORIZED CITY MANAGER TO APPROVE ADDITIONAL PURCHASE ORDERS FOR ON-CALL CIVIL ENGINEERING PLAN CHECKING AND INSPECTION SERVICES OF DEWAN LUNDIN & ASSOCIATES FOR EXISTING PROJECTS - from developer fees for continuance of the pre -October 6, 1998 assignments for on-call civil engineering assignments for on-call civil engineering plan checking and inspection services provided by Dewan, Lundin & Associates. The total amount including previously authorized Capital. Improvement Projects through FY 99-2000 is not -to -exceed $25,500. 6.9 AUTHORIZED CITY MANAGER TO APPROVE ADDITIONAL PURCHASE ORDERS FOR ON-CALL CIVIL ENGINEERING PLAN CHECKING AND INSPECTION SERVICES OF GFB FRIEDRICH & ASSOCIATES, INC. FOR EXISTING PROJECTS - from developer fees for the continuance of the pre -October 6, 1998 assignments for on-call civil engineering plan checking and inspection services provided by GFB-Friedrich & Associates, Inc. The total amount including previously authorized Capital Improvement Projects through FY 99-2000 is not -to -exceed $37,600. 6.10 ADOPTED RESOLUTION NO. 99-24: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE SURPLUS OF THREE CITY VEHICLES WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER THE CITY OF DIAMOND BAR MUNICIPAL CODE SECTION 3.24.200 - authorized the City Manager to surplus the vehicles as listed in Exhibit "A" of the Resolution. 6.12 AUTHORIZED THE CITY MANAGER TO PURCHASE A VEHICLE - in an amount not -to -exceed $20,000 from AB 3229 (COPS Program) funding. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.1.2 Minutes of Regular Meeting of April 6, 1999. C/Huff requested several corrections - continued to May 4, 1999. 6.5 RESOLUTION NO. 99-25: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE MEADOWGLEN ROAD PUBLIC STREET IMPROVEMENTS PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. Following discussion, C/Herrera moved, C/Ansari seconded, to adopt Resolution No. 99-23 approving plans and specifications for the Meadowglen Rd. public street improvement project. Motion carried APRIL 20, 1999 PAGE 10 CITY COUNCIL by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang None None 6.11 APPROVED EXTENSION OF VENDOR PRINTING SERVICES FOR COMMUNITY NEWSLETTER AND RECREATION GUIDE. Following discussion, C/Ansari moved, MPT/O'Connor seconded, to authorize additional work to be performed by Bradshaw Brothers Printing in the amount of $6,085 so that they can proceed with printing the summer '99 issue of the Community Newsletter and Recreation Guide. The total amount awarded shall not exceed $15,000 for FY 98-99. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang None None 6.13 APPROVED SETTLEMENT AGREEMENT BY AND BETWEEN THE CITY OF DIAMOND BAR AND THE DOLEZAL COMPANY AND THE DOLEZAL FAMILY LIMITED PARTNERSHIP. C/Ansari expressed extreme frustration about receiving a copy of "The Country Estates"' settlement agreement at the last hour. MPT/O'Connor asked CA/Jenkins to verify that the proposed settlement agreement contains terms set forth by Council. She would have preferred to have the settlement agreement in advance of tonight's meeting. CA/Jenkins responded that the agreement reached between Dolezal and "The Country Estates" provides, among other things, for those items that were felt to be important by Council. The settlement provides that this item will now come back to the City for full Public Hearings before the Planning Commission and Council. Following discussion, M/Chang moved, MPT/O'Connor seconded, tc authorize the Mayor and the City Attorney to execute the Agreement. Motion carried by the following Roll Call vote: APRIL 20, 1999 PAGE 11 CITY COUNCIL AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: 7.1 (a) RESOLUTION NO. 99-41C: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE PARKING PENALTY SCHEDULE FOR PARKING PENALTIES AND LATE PAYMENT FEES FOR PARKING VIOLATIONS - The City administers the processing of parking citations pursuant to the State's decriminalization of parking citations. Through adoption of Resolution No. 96-41, the City established the current penalty which needs to be amended in order to conform to the Municipal and California Vehicle Codes. No fees have been increased; however, sections have been amended for clarity. Continued from April 6, 1999. M/Chang re -opened the Public Hearing. In response to Clyde Hennessee, CM/Belanger explained that the fines will not be increased. There being no further testimony offered, M/Chang continued the Public Hearing to May 4, 1999. (b) ORDINANCE NO. 0X(1999): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REGARDING TRAFFIC REGULATIONS AND AMENDING TITLE 10 - VEHICLES AND TRAFFIC — Title 10 of the Municipal Code regulates operation of vehicles upon City streets. The parking provisions of the title effectuate the efficient flow of traffic within the City and allows the City to improve and maintain traffic safety. The Title is being amended to clarify certain provisions and improve traffic safety. These amendments will ensure that traffic and parking regulations are clear to persons driving within the City and improve the enforcement of existing traffic and parking regulations, thus promoting safe, efficient traffic movement. M/Chang re -opened the Public Hearing. There being no testimony offered, M/Chang continued the Public Hearing to May 4,1999. APRIL 20, 1999 PAGE 12 CITY COUNCIL 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. 51243, CONDITIONAL USE PERMIT 92-12 AND OAK TREE PERMIT NO. 92-9 FOR PROPERTY LOCATED EAST OF MORNING SUN AVENUE AND NORTH OF PATHFINDER ROAD Continued from April 6, 1999. Amrut Patel of Sasak Corporation is requesting approval of a one- year extension of time for Tentative Tract Map No. 51253, Conditional Use Permit No. 92-12 and Oak Tree Permit No. 92-9 in order to subdivide approximately 6.7 acres into 21 single family lots. The project is located on the east side of Morning Sun Avenue and generally north of Pathfinder Road. On January 12, 1999, the Planning Commission recommended approval of the requested extension of time. On February 16, 1999, Council concluded its public hearing and directed preparation of a resolution of denial. On March 16, 1999, the applicant presented a 17 lot alternative map for consideration. CA/Jenkins explained the considerations available to Council based upon a letter presented to the City by Mr. Patel's attorney. He did not agree with the opinion that the map is valid absent an extension of time approved by Council. Jan Dabney, representing Mr. Patel, explained Mr. Patel's current position and requested that the matter be continued to May 4, 1999. Mr. Dabney responded to C/Huff that Mr. Patel would withdraw the 17 lot subdivision and take his chances with litigation in trying to compel the Council with a writ of mandate for an act of God. Clyde Hennessee believed Council had been very accommodating to the applicant and he would like to see the issue resolved in two weeks. Following discussion, M/Chang moved, C/Ansari seconded, to continue the matter to May 4, 1999. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None APRIL 20, 1999 PAGE 13 CITY COUNCIL 8.2 STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS) MULTIHAZARD FUNCTIONAL PLAN - Continued from April 6, 1999. The Standard;zed Emergency Management System, commonly referred to as SEMS, was introduced as a result of the 1991 East Bay Hills Fire in Oakland. SB 1841 was adopted by the Legislature with an effective date of January 1, 1993. The intent of this legislation was to improve the coordination of state and local emergency response in California. All California cities were required to comply with new SEMS regulations which took effect in September 1994. The City's current emergency operations plan was written before the most recent SEMS regulations were developed by the State and needs to be updated to comply with these new regulations. Approval of the proposed Plan will bring the City into compliance with State and Federal requirements while providing the organization with an updated document that will serve as a blueprint for emergency planning efforts in the future - report presented by Phil Armentrout, Emergency Preparedness Coordinator. C/Herrera requested that a Town Hall meeting be held to familiarize Council, staff and the public with the updated plan. MPT/O'Connor asked for consideration of the following comments and questions concerning the SEMS document: 1. Page: Part One - 56, Transportation Accidents. The detail under this line item is for San Dimas, not D.B. 2. Page: M-81. Why should the "Council Members refrain from direct involvement with City or Joint City/County/State Emergency Operations Center (EOC) activities"? 3. Do we have the "Vests" referred to in the Checklists that identify your title in the EOC? 4. Do we have 48 hours worth of food for City Staff? If so, where is it stored? 5. Page: 0-34. First sentence has a typo. "meed" should be "meet." 6. Page: P-18. Do we need to add the Inland Valley Humane Society? 7. The Organization Charts refer to a "City Council Advisory Committee." What is this about? 8. Page: L-7. Says the Assistant to the City Manager will fill the position of Logistics; Section Coordinator and Community Services Director will be the Alternate. However, on Page L-9, it lists the positions in reverse order. Which is correct? 9. Page: L-30. Need a space between man/personnel (second APRIL 20, 1999 PAGE 14 CITY COUNCIL to last line). 10. Acronyms: Should we add DBARS since it is referred to in the documPnY 11. Do we have a list of planned shelters and occupancy of those shelters? 12. Page: F-8. Refers to "Accounting Manager." Should that be changed to "Finance Director"? 13. Disaster Pay - Page 2. Do we have a policy to enable the City to pay overtime during a declared disaster which could then be eligible for reimbursement by the State and Federal Government? If not, should we create one? Mr. Armentrout replied that the typographical errors that MPT/O'Connor pointed out to him in her memorandum dated April 19, 1999 would be corrected accordingly. With respect to question 3, currently, there are no vests on hand; however, he will ask that an amount be included in next year's budget to provide for vests for management, the EOC director and others so that personnel are easily identifiable in the event of a disaster. The current budget includes an amount for supplies. Currently, SEMS is in the process of obtaining three bids for City staff to have three days worth of supplies on hand. He stated that, with respect to Council's role, it is very important that Council Members provide policy direction during a disaster. State law provides that the City Manager is the EOC Director/Incident Manager. It is important for Council to know when to declare a disaster, know the proper method of declaring or ratifying a disaster, and what support Council can conclude is a legislative liaison role if support from State or Federal agencies is required, or what the Council's role is with respect to public information. MPT/O'Connor commended Mr. Armentrout and his partner on their preparation of the document. MPT/O'Connor moved, C/Ansari seconded, to approve the SEMS Multihazard Functional Plan, as corrected, and authorize the Mayor to sign the Letter of Promulgation on behalf of the City. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None APRIL 20, 1999 PAGE 15 CITY COUNCIL 8.3 EVALUATION OF THE RECOMMENDATIONS OF THE SOLID WASTE STANDARDS TASK FORCE -Continued from April 6, 1999. The final report of the Solid Waste Standards Task Force was presented to Council on July 21, 1998. In August, 1998, Council requested staff to fully evaluate five of the recommended programs and bring back their assessment of impact, cost, scheduling, implementation issues and institutional impact. A presentation was made before Council in a study session on March 2, 4999. Based on, the analysis, staff finds that the five Task Force recommendations additional study can be implemented at reasonable cost, time and resources enabling the City to reach the year 2000 mandate of 50% diversion. The five elements for implementation include: variable rates (i.e., pay as you throw), automated collection featuring a three barrel system, yard waste collection, selection of a single service provider for the single-family residence sector and stipulating a mandatory recycling service provision to multi -family residential housing. - J. Michael Huls presented the report. C/Ansari left the meeting at 10:20 p.m. Mr. Hennessee said he kept hearing the words "single hauler" and believed that the City must have competition in order to insure quality and reasonable pricing. He does not need three bins and he does not want to have to pay for something he is not using. Jaime Pardo does not want three barrels and more than one truck coming down the street in one week. He would prefers a two barrel system. Why residents would be charged for recycling when they are doing their part to contribute to the 50% diversion. Who will provide the "roll out" service for seniors. He recommended that Council continue this matter and request more public input. Dave Pesh, District Manager, Waste Management, thanked Mr. Huls for his excellent presentation and offered his services to the City. Following discussion, MPT/O'Connor moved, C/Herrera seconded, to proceed with the "middle pack" (three barrel) system that results in the implementation of the recommended one barrel, two barrel and three barrel system including mandatory commercial and multi -family residential programs in an open environment; and direct staff to report on the numbers incorporating the key findings of the proposed systems and include the numbers for breaking out the voluntary green waste program. Motion carried by the following Roll Call vote: APRIL 20, 1999 PAGE 16 CITY COUNCIL AYES NOES: ABSENT COUNCIL MEMBERS - COUNCIL MEMBERS - COUNCIL MEMBERS - Herrera, H uff, MPT/O'Connor, M/Chang None Ansari 8.4 APPROVAL OF THE 1999-2000 CITY COUNCIL GOALS AND OBJECTIVES - Council has developed their 99-2000 Goals and. Objectives, which have been divided into two categories; immediate time sensitive and regular goals and objectives. They have been ranked by the Council and have 19 general categories. There are 58 goals and objectives for the 99-2000 FY. Fred Encinas asked Council to expand the definition of what other citizens the Council assigns as a task force are expected to do and what assistance the Council will and will not provide. Further, he requested that Council provide as much information as possible so that the citizens and Council can work together to obtain the same goal. He read from a San Gabriel Valley Tribune editorial dated Wednesday,. April 14 which supported the citizens' position in opposition of the Lanterman Expansion Project. He asked the Council to stand up for what is right and support the residents. C/Huff moved, MPT/O'Connor seconded, to approve the 99-2000 City Council Goals and Objectives with the following inclusion: "do everything possible to prohibit Lanterman Forensic and Behavioral Expansion Project" ranked No. 1. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 8.5 APPOINTMENT TO THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) AND CALIFORNIA CONTRACT CITIES ASSN. - Due to resignation of MPT/O'Connor as and Delegate to Contract Cities. Alternate to SCAG C/Herrera moved, C/Huff seconded, to approve the appointment of C/Ansari as delegate to the Southern California Association of Governments (SCAG) and California Contract Cities Association. Motion carried by the following Roll Call vote: APRIL 20, 1999 AYES: NOES ABSENT: 9. NEW BUSINESS: PAGE 17 CITY -COUNCIL COUNCIL MEMBERS -Herrera, Huff, MPT/O'Connor, M/Chang COUNCIL MEMBERS -None COUNCIL MEMBERS —Ansari 9.1 RESOLUTION NO. 99-26: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING THE RATE INCREASES FOR CABLE TELEVISION SERVICES PROVIDED BY CENTURY COMMUNICATIONS. In response to MPT/O'Connor, CM/Belanger stated that notification of the rate increase was given to staff on March 29, 1999. C/Herrera indicated that the subcommittee was notified of the proposed rate increase on April 8 during the scheduled subcommittee meeting. On April 8, the subcommittee requested that this matter be placed on the next (April 20, 1999) Council agenda. CM/Belanger indicated that it is unlikely that this resolution will have an effect on the impending rate increase. However, it is a method for making the Council's wishes known. Clyde Hennessee again pointed out the reasons he favors a competitive market. Nancy Stinson, General Manager, Century Communications, stated that the notification of the rate increase was given to City staff on March 29, 1999 and was presented to the Cable Subcommittee on April 8, 1999. She pointed out the cost benefits and services provided by the cable system. She explained the channels and services to be added within the next couple of months. Moved by C/Huff, seconded by C/Herrera to adopt Resolution No. 99- 26 opposing the cable rate increase. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 9.2 RESOLUTION NO. 99-27: A RESOLUTION OF THE DIAMOND BAR CITY COUNCIL APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NO. 13 WITH THE APRIL 20, 1999 PAGE 18 CITY COUNCIL DIAMOND BAR REDEVELOPMENT AGENCY - In September 1996, the Redevelopment Agency proceeded with a redevelopment plan adoption process for the D.B. Economic Revitalization Area. Included within this project area is the Gateway Corporate Center. The $6,000 requested in this Advance and Reimbursement Agreement #13 will be used to fund real estate economic cost/benefit analyses and reports related to the development of office buildings on Lots 22 and 23 located within the Gateway Corporate Center. The primary tenant of this office complex is Allstate Insurance, a Fortune 500 company, which will house an estimated 1,000 employees. C/Herrera moved, C/Huff seconded, to adopt Resolution No. 99-27. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.3 SPECIAL LEGAL SERVICES RE: LANTERMAN DEVELOPMENTAL CENTER FORENSIC FACILITY PROJECT - The City Manager has contacted the firm of Sheppard, Mullin, Richter and Hampton, LLP, specifically Jack H. Rubens, regarding representation of the City relative to the Lanterman Developmental Center Forensic Facility Project. The City Manager has authorized an expenditure in the amount of $5,000. In a Closed Session held April 15, 1999, Council directed the City Manager to contract Mr. Rubens and extend the assignment. The longer term retention requires further action of Council and a budget adjustment. Joseph Farrell stated that he would like the Council to ask the attorney to come up with a better word for use by the Task Force to replace the term "prison" that will more appropriately describe the proposed expansion facility. Fred Encinas asked Council to have Jack Rubens attend the next Council meeting and provide answers to questions that were posed during the town hall meeting. C/Huff moved, MPT/O'Connor seconded, to enter into a contract and authorize special legal services with the firm of Sheppard, Mullin, Richter & Hampton, LLP, in an amount not to exceed $50,000 and allocate $50,000 from the General Fund unallocated fund balance reserves. Motion carried by the following Roll Call vote: APRIL 20, 1999 PAGE 19 CITY COUNCIL AYES: COUNCIL MEMBERS - Herrera, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari Huff, MPT/O'Connor, RECESS TO REDEVELOPMENT AGENCY MEETING: MVChang recessed the City Council Meeting to the Redevelopment Agency at 12:12 a.m. RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Council meeting at 12:14 a.m. 10. COUNCIL MEMBER COMMENTS: C/Herrera thanked staff for their efforts in making the City Birthday Party a success and for their efforts in supporting the opposition of the Lanterman Expansion Project. She asked that the City's POW/MIA flag be flown in honor of the three soldiers who are being held as prisoners as a result of the current conflict in Yugoslavia. CM/Belanger explained that as a result of an accident, the flag pole at City Hall is not standing. The POW/MIA flag will be flown at Heritage Park Community Center. MPT/O'Connor apologized for not informing the citizens about the Lanterman Expansion Project in a more timely fashion. She was told that the project was a "done deal" and proceeded with the information she was given. As a result of this matter, she resigned from two regional committees in order to devote her time to local issues to insure that citizens are kept as informed as possible about issues that affect D.B. She explained that she attempts to make all of her decisions based on the facts and not with political motivation and that she wanted to be sure that every consideration she makes as a Council Member is legal. She did not want to put the City in jeopardy. C/Huff said he would comment about statements made this evening at the next Council Meeting. 11. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the meeting at 12:18 a.m. LYNDA BURGESS, City Clerk ATTEST: IL-1 _ Mayor.