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HomeMy WebLinkAbout04/06/1999 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION GOALS & OBJECTIVES TRAFFIC IMPACT SOLUTIONS APRIL 6, 1999 CITY COUNCIL CALL TO ORDER: Mayor Chang called the meeting to order at 4:20 p.m. in the South Coast Air Quality Management District Room CC -2, 21865 E. Copley Drive, Diamond Bar, California. 2. ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor and Mayor Chang. Council Member Herrera arrived at 4:25 p.m. Mayor Pro Tem O'Connor 5:34 p.m. Also present were: Terrence L. Belanger, 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. GOALS & OBJECTIVES: C/Ansari believed the City should have an architectural review committee or increase the Planning Commission by two members with one member being a planner and one member being an architect. There have been project approvals in the City that she is not happy about and it is time the City makes this critical change. C/Huff concurred with C/Ansari and asked that staff make its recommendations as to how this might be accomplished. Council asked staff to schedule an appropriate Friday in May for a Strategic Planning Session. C/Ansari asked why it appears that the grass and plants are dying in the center medians on D.B. Blvd. from Grand Ave. to Lorbeer Middle School. CSD/Rose explained that when it gets too cold, the Lantana goes dormant and must be replanted. C/Ansari said she has received complaints from several community members who tell her that the water from the medians is flowing into the street. She asked what the cost of a drip system would be. CSD/Rose responded that a drip system does not work on turf. There are underground saturation systems that are specifically designed for turf areas. APRIL 6, 1999 PAGE 2 COUNCIL STUDY SESSION The City has looked at those systems before. However, the technology has developed over the years and staff is receiving updated information with respect to current systems. C/Ansari asked CSD/Rose to contact the owner of Modern Irrigation in Upland. M/Chang asked CSD/Rose to check the water timing system close to D.B. Blvd. on Grand Ave. because someone complained that there is too much water and it runs down the street. M/Chang stated the Council's 1999-2000 Goals & Objectives will be placed on the April 20 Council meeting agenda for action. B. TRAFFIC IMPACT SOLUTIONS: Rich Barretto, Linscott Law & Greenspan, stated that the purpose of the study was to identify the possible origin and destination of traffic within the City that has access to Grand Ave. and D.B. Blvd. The boundaries of the study extend to Longview Dr. and Golden Springs Dr. Data counts were conducted in November and December, 1998 along Grand and D.B. Blvd. In early February, intersection traffic counts were conducted at 14 public street intersections, of which 8 or 9 are signalized. He stated that if the Council's goal is to solve problems for the residents of D.B., converting the curb lane to a through lane improves traffic and lessens congestion, which benefits everyone. If it is easy for commuter traffic to get through the system, the system improves and benefits those vehicles that are attempting to ingress/egress the side streets. He agreed with C/Huff that by making it easier for traffic to proceed more effectively through the City, it may attract additional traffic. By opening an additional lane of traffic on Grand Ave. at D.B. Blvd., traffic flow will improve. It is not known whether there would be an increased demand for use if the capacity of an intersection is improved. The increase will not come from D.B. traffic, it will come from cut -through traffic. Two of the traffic enhancement options previously considered were: 1) Restriping and converting the right turn lanes into through lanes; and, 2) widening the approaches to the intersections so that the right turn lanes were pushed further into the shopping centers which would provide the benefit of an additional through lane as well as maintaining the right turn lane. The first alternative is cost-effective and the second alternative is significant. He reminded the Council that there would be additional costs with respect to interruption of affected businesses which could outweigh the construction and right-of-way costs. His firm is seeking direction from the Council. The traffic counts confirm that about two-thirds of the morning traffic lineup on northbound Grand Ave. is related to Chino Hills traffic. Similarly in the p.m. hours, the opposite is true. He asked if the Council wanted to increase capacity. APRIL 6, 1999 PAGE 3 COUNCIL STUDY SESSION C/Huff pointed out that Chino Hills is only about 60% built out and if that is the direction in which the traffic is coming from, then the assumption is that the additional residents will operate in the same work and traffic pattern methods that currently exist. Additionally, the dairy preserve is being planned out in Ontario. Edison Ave./Grand Ave. extends through the head of the preserve and no major arterials have been developed in the area to accommodate the traffic to the 91 and 60 freeways. Given those factors, it follows that cut -through traffic will increase on D. B. streets. Steve Sasaki pointed out that restriping does not involve a considerable amount of money and is a feasible option. He responded to C/Ansari that, in consideration of Council's goal, he would recommend that the City consider restriping at this time to help with the traffic flow in the short term. He further recommended that if the Council decides to restripe, that the City work with the shopping center owners to improve the shopping center accesses prior to restriping. If, at a later time, Council determines that it wants to return to the current condition of the streets, there would still be improved access to the shopping centers. Under this scenario, Council needs to decide if it wants to put monies toward the improvement of shopping center driveways. C/Huff asked what Mr. Sasaki would advise if the major goal is to improve the traffic for D. B. residents. DPWD/Liu stated that, in addition to restriping, the improvement of the signal timing along Grand Ave. would give the residents shorter cycle lanes. In response to M/Chang, Mr. Sasaki indicated that the estimate for construction and added right-of-way is $100,000 per approach exclusive of impacts to the adjacent businesses. This may be an appropriate time to begin acquiring some of the right-of-way as redevelopment occurs. C/Huff requested data regarding the impacts of the carpool lanes since it appears that the institution of these lanes has taken some of the traffic off of the streets. In response to M/Chang, Mr. Sasaki further indicated that if Council is looking for an option to increase traffic flow, the logical first step is restriping because of the minimal cost. It makes sense to have a long-term plan to preserve added right-of-way or dedication when property recycles. In general, when there is an attempt to increase traffic flow, special markings such as "Keep Clear" should be reserved for special situations such as fire station entrances, etc. APRIL 6, 1999 PAGE 4 COUNCIL STUDY SESSION C/Herrera stated that she wanted to move the traffic through the City efficiently and wanted to discourage cut -through traffic. Her concern is that if the City makes it easier for traffic to flow through the area, more traffic will come to the City. Four Corners is working on a study which is considering an alternative route and if D.B. facilitates better traffic flow, how will that impact the study. At the same time, she did not want to do anything that will harm the City's businesses. Residents are frustrated. "If we make it easier for residents, do we also make it easier for more vehicles to come through the City from San Bernardino, etc?" C/Huff stated that, clearly, the traffic problems started when Grand Ave. was opened up to the South. M/Chang said that businesses are perversely influenced by the traffic. In addition, the residents are very frustrated because they cannot reach the businesses during the p.m. peak hours. Last week, Ontario approved building 31,000 houses within the next 10 years, which will have a big impact on the traffic in the area. According to the Four Corners study, a billion dollars will be needed to improve the area's infrastructure (north of 91, east of 57, west of 15 and south of 210) in order to maintain the current level of service. If the City does not proceed to make changes, it will be in trouble. Mr. Sasaki asked if Council is in favor of increasing the capacity of the intersection. C/Huff said he was not convinced that increasing the capacity of the intersection will add to the quality of life. As long as there is a seemingly infinite number of cars coming into the City, it does not seem to benefit the traffic situation. Mr. Sasaki indicated that perhaps the first consideration will be with the signal timing followed by consideration of restriping. He believed it was important to resolve the shopping center driveway situation first and then the City is prepared to try the restriping. If it turns out that there is no benefit, the intersection can be returned to its current striping. At the very least, the City will benefit from the signal timing and driveway improvements. C/Herrera indicated she would like to see an updated traffic count since the carpool lanes have been completed to determine if it has lessened the impact on the City's streets. MPT/O'Connor said her family has noticed a considerable lack of traffic on D.B. Blvd. since the first of the year and that they rarely have to stop at Grand Ave., whereas the traffic used to be backed up to Mountain Laurel Way. APRIL 6, 1999 PAGE 5 COUNCIL STUDY SESSION DPWD/Liu stated that staff will look at the latest information available regarding traffic counts. In addition, staff will begin to put together specific and quantified recommendations to present to Council for possible short term traffic solutions. C/Herrera asked DPWD/Liu to include projected costs in the recommendations. In response to M/Chang, DPWD/Liu reported that staff will provide its recommendations to Council the first week in May. 3. ADJOURNMENT: There being no further business to conduct, Mayor Chang adjourned the Study Session at 5:50 p.m. to Closed Session. ATTEST: Mayor r` LYNDA BURGESS, City Clerk MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 6, 1999 STUDY SESSION: 4:20 p.m. Room CC -2, SCAQMD a) Goals & Objectives b) Traffic Impact Solutions 2 CLOSED SESSION: 6:00 p.m. - Initiation of Litigation pursuant to Government .Code Section 54956.9 CALL TO ORDER: Mayor Chang called the regular City Council 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. CA/Jenkins reported that Council asked his office to fully investigate all avenues relative to the possibility of initiating litigation to oppose the expansion of the Lanterman facility. In addition, the City has engaged the services of another law firm to look into these issues as well, so that the City has the services of two separate law firms exploring all avenues relative to whether or not a sound basis exists to file a lawsuit to oppose the expansion project. Tomorrow, a lawyer will be traveling to Sacramento in order to inspect all of the State's files in connection with this expansion project. In addition, he has begun working closely to share information and theories with the City Attorney of Pomona. Pomona has directed its City Attorney to file litigation in this matter. ROLL CALL: Council Members Ansari, Herrera, Huff, MPT/O'Connor, M/Chang Also present were: Terrence L. Belanger, 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 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Kathleen Newe. INVOCATION: The Invocation was given by Reverend Rex Wolins, Associate Pastor, Diamond Canyon Christian Church. APPROVAL OF AGENDA: CM/Belanger requested the following: a. Continue Item 7.1, Public Hearing on Parking Penalty Schedule, to April 20, 1999. b. Continue Item 8.3, Resolution Denying an Extension of Time for Tentative Tract Map 51253, to April 20, 1999. C. Continue Item 9. 1, Standardized Emergency Management Systems (SEMS) Multi -hazard Plan to April 20, 1999. d. Move Item 8.4, Resolution opposing the Establishment of a Forensic Treatment Program at Lanterman Developmental Center for discussion APRIL 6, 1999 PAGE 2 CITY COUNCIL prior to Public Comments. Council concurred with CM/Belanger's recommendations. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Introduction of new Team Lieutenant Brent Cannady, Walnut Sheriff Station - Continued -indefinitely. 3.2 Proclaimed April 11-16, 1999 as Library Week. 3.3 Proclaimed April, 1999 as Earthquake Preparedness Month. 3.4 Proclaimed April, 1999 as Sexual Assault Awareness Month. BUSINESS OF THE MONTH: 3.5 Presented City Tile to Robert Steelwagon, owner of the Shopping Center at Golden Springs Dr. and Lemon Ave. MATTERS TAKEN OUT OF ORDER: 8.4 LANTERMAN DEVELOPMENTAL CENTER'S SERVICES FORENSIC EXPANSION PROJECT - A) RESOLUTION NO. 99 -XX: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING THE ESTABLISHMENT OF A FORENSIC TREATMENT PROGRAM AND THE CONSTRUCTION OF A FORENSIC PATIENT SECURITY COMPOUND AT THE LANTERMAN DEVELOPMENTAL CENTER - The State Department of Developmental Services has determined, and the State Legislature has approved the transfer of 75 forensic patients to the Lanterman Developmental Center. Phyllis Baca asked why, after a year and a half, is the Council suddenly opposing this project. She asked for a copy of the first letter received from Sacramento as well as other correspondence received by the City. She asked if Council was told to remain quiet about this matter. Martha Bruske said that Lanterman has experience in caring for clients and that the facility has not caused the area any harm in its 72 year history. She believed that this time should be used to discuss how all parties concerned could work together. She also believed that the facility's clients are better cared for in the hospital rather than in community homes. The State owns the property and could use the land for a prison or a facility in which to house sex offenders or the acutely mentally ill. Kim Chapman, 22713 Happy Hollow, said she lives in the neighborhood APRIL 6, 1999 PAGE 3 CITY COUNCIL that is situated closest to Lanterman - 1100 feet from the proposed expansion. She indicated that she and her neighbors have firsthand knowledge of Lanterman residents wandering aimlessly on the hill behind their homes and she cited several incidents that have occurred in her area. She urged the Council to hire an attorney to file a lawsuit on behalf of the residents of Happy Hollow Rd. against the State for improper notification of the project. Sue Sisk, 1087 Flintlock Rd., felt that Council and the State were grossly negligent in notifying the residents. She thanked Council for forming a Task Force to address the issue and she believed that there had been misrepresentation by Lanterman regarding the extent of the project. She felt that housing forensic patients is a type of "prison." She reported that more than 1250 residents signed petitions over the holiday weekend and she was in support of the proposed resolution opposing the Lanterman project. Michael Lin, real estate sales and property management, expressed concern about the safety of his friends and their families. He felt that the State failed to properly notify the residents of the project. He pointed out that other developers are required to give notice of proposed projects. He asked citizens to join him in standing up for their rights as taxpaying citizens to stop the project before it destroys the neighborhood community. Bob Watts, 23845 Strange Creek Dr., explained that his home is about 400 yards from the Lanterman Development Center's entrance. Between his home and Lanterman, is a retirement center and several families with children. He was concerned that it would take only one incident to cause harm to one of these residents. He thanked Council for helping to make the community safe and encouraged them to continue their course of action to get forensic patients located to a more rural area. Dr. Lawrence Rhodes asked for a definition of "forensic" as it applies to the Lanterman project. The community must do something to reduce the fear and anguish of the residents. Darla Farrell, 23721 Jayhawker Ln., said that the City needs to address "behavioral health beds" as well as, "forensic" beds. Although these patients may not have committed crimes, they are still dangerous. Wally Lyman, 615 Firepit Dr., lives very close to the Lanterman facility. He and other residents in his area were notified about the Lanterman project only about 10 days ago, not by an official agency, but by a flyer placed on their doors. He felt the residents should have received proper notification. Contrary to what he had been told, he believed that the project will adversely affect property values in the area. APRIL 6, 1999 PAGE 4 CITY COUNCIL Betty Johnson, 546 EI Encino Dr., said she has always felt comfortable and safe in D.B. She asked ^ouncil to do its best to ensure the community's continued safety. Clyde Hennessee pointed out that the Chino Men's Facility is only 15 miles from D.B. Citizens need to be prepared for the worst possible situation. He asked why the Lanterman guards are not armed. Jennifer Hoey, 1104 Clouds Rest Dr., does not want to have to tolerate acceptance of this situation. She wants a safe living atmosphere for her family and her neighbors. She asked Council to do what is right. Fred Encinas, 716 North Looking Glass Dr., thanked Council for appointing him to the Task Force. He spoke about Pomona's lawsuit to stop the project. He read an article from the April 6 issue of the Daily Bulletin which quoted Councilman Robles of Pomona. He also read from an April 4 Daily Bulletin article regarding the project. He asked Council and the citizens to continue the fight to stop the project. He believed that Lanterman officials are not telling the truth about the project and wanted Council to expose the truth and ask Lanterman officials to stop the violence against protestors of the project. Craig Parks, 222 Gunsmoke Dr., said that this project sounds like a "prison." He urged Council to do whatever they can to prevent this project from moving forward. C/Ansari agreed with Mrs. Bruske that Lanterman has been a good neighbor. However, when you hear that the project proposes that double 16' fences spaced 4' apart with four 28' high observation guard towers, double gated entry sally port with an access/ingress control building and a security staff of more than 30 personnel, it sounds like a prison to the community. She believed it is incumbent upon her to take a stand in opposition to the project because of the potential security risk to the community and the security of the current Lanterman clientele. She explained how the project was down- played to the community. Knowledge of the facts changes the tone of the Lanterman project. D.B. is no longer the rural area that it was 72 years ago when Lanterman was first established. She said she will fight to stop the project; however, there are only five Council Members and the citizens need to send letters and make telephone calls to the State's elected officials protesting the project. C/Herrera stated that on March 16, 1999, Council established a Task Force to meet with community members to discuss options regarding the Lanterman project. The last three weeks have been filled with a great deal of activity on the part of City staff and residents in opposing the project. APRIL 6, 1999 PAGE 5 CITY COUNCIL The City has committed thousands of dollars toward that end and the five Council Members have been contacting individuals and officials in order to attempt to influence others to oppose the project. Last night, the Pomona City Council took a position to oppose the project and voted to file a lawsuit in an attempt to stop the project. Pomona invited D.B. to join with them in the fight to stop the project. The City Attorney reported at the beginning of tonight's meeting that this Council had a closed session during which the Council directed the City Attorney to pursue D.B.'s options regarding the City of Pomona in filing a lawsuit to stop the project. This morning, she, MPT/O'Connor and Paula Lantz, Pomona City Council Member, appeared before the L.A. Board of Supervisors and urged them to adopt a position of opposition to the Lanterman expansion project. The vote was four Yes. Walnut City Council will consider the matter at its meeting tomorrow night (April 7). This Council and this City is doing everything it can to form a strong coalition. She asked CA/Jenkins to talk about the State's powers of authority regarding its programs. CA/Jenkins explained that the State is the paramount governmental authority and can do what it chooses with its property. The State does not have to comply with local zoning laws and the State has undertaking the authority and responsibility for the care of those persons with developmental disabilities including those who have committed crimes. The State has passed laws and adopted statutes and policies that dictate what type of facilities those persons are to be placed in and what types of standards judges must be guided by in the placement of such individuals when they are determined not to be competent to stand trial. The State has established facilities for the placement of those persons until they are in a position where they are competent to stand trial for the crimes that they have committed. Generally speaking, cities, as creatures of the State and subsidiary bodies of the State, have very little authority to stand in the way when the State sets its mind to use its property for those purposes, particularly when those purposes are determined to be the advancement of a State policy. As earlier stated, his firm has been asked to look at all possible avenues of opposition. The State is obligated to comply with environmental laws and a great deal of study has been started relative to whether the State has indeed complied with environmental laws in the approval of this facility. Ultimately, it becomes more of a political issue than a legal issue as far as the City is concerned. It may be that there are people who own property in the vicinity who may have other issues and other considerations that are not shared by the City. Those property owners are in a position to do whatever is necessary to protect themselves. The City can only participate in this matter with respect to assuring that the State has fully complied with environmental laws and has otherwise complied with all other requirements with which it must comply in going forward with a project of this kind. The Council has contacted elected officials at the State level in order to apply pressure to see what can be APRIL 6, 1999 PAGE 6 CITY COUNCIL done about changing the State's plans. However, it should not be forgotten that the law is clear that the State has plenary authority over cities. C/Huff believed the City was "snookered" about the project. The City relied upon the good will that it had developed with Lanterman over the years. When Lanterman speaks about forensic patients, it is on a very low-key level. As more information is received, the City becomes more concerned. By definition, this project is a "prison." He also expressed concern about the compromised good will of Lanterman and their recent tactics of confiscating video tapes. He stated that Council is committed to making this matter right. MPT/O'Connor said that each Council Member attends meetings on a daily basis which could be considered "secret" because they do not notify each and every resident. The Lanterman meetings were not secret meetings - they were attended by D.B., Pomona, Walnut, Cal -Poly, Sheriff Department, CHP and City of Pomona police department personnel. She read a letter she wrote on February 11, 1999 to Ruth Maples, Executive Director of Lanterman. She stated she attended the Lanterman meetings last year and she trusted what was said during the meetings. As time went on, she came to realize that the facts were not as originally presented. She recommended that language be added to the proposed Resolution that Council wishes to join forces with surrounding communities in fighting this matter and that the Resolution acknowledge that in the past Lanterman has been a good neighbor to the City of D.B. M/Chang spoke about the efforts of Council and staff to oppose this project. C/Huff expressed concern about adding language to the Resolution regarding Lanterman's previous record because the City cannot corroborate this information. C/Huff moved, MPT/O'Connor seconded, to adopt Resolution No. 99-16 opposing the establishment of a forensic treatment program and the construction of a forensic patient security compound at the Lanterman Developmental Center, with the following amendment: Following the sixth WHEREAS, insert and, "WHEREAS, the State of California. failed to provide effective notice to the Diamond Bar community which is especially inexplicable in light of the failure to provide notice to surrounding communities related to other recent projects i.e.: Metropolitan Hospital in Norwalk and, "WHEREAS: the City of Diamond Bar will work in concert, with its neighboring cities (Pomona, Walnut and Industry), the County of Los Angeles, Cal Poly -Pomona, State elected officials, Congressional elected officials, other public agencies/institutions and community individuals and organizations, to oppose the Lanterman forensic expansion project." Motion carried by the following Roll Call vote: APRIL 6, 1999 PAGE 7 CITY COUNCIL AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None B) MATTER OF LANTERMAN AND DEVELOPMENT CENTER EXPANSION PROJECT TASK FORCE MISSION STATEMENT - On March 30, 1999, the Task Force approved a Mission Statement related to the proposed Lanterman Forensic Project. David Bell expressed concern that the Task Force members who work for Lanterman are not working cohesively with the City's Task Force members. He asked that, in good faith, Council should remove the two Lanterman employees from the Task Force and appoint new members who are committed to stopping the project. Sue Sisk clarified the Mission Statement Task Force discussions. She believed that this is a working document only. C/Huff asked if it would be acceptable to the Task Force if the Council accepted the Mission Statement in the spirit with which it was made, i.e., to give direction to the Task Force. Could this be received and filed without the Council's approval? Some things are problematic to approve, such as "insure re -opening of the EIR." The City has hired an attorney to analyze it, legislators mounted a written campaign to re -open the EIR and the State said no. Other avenues to accomplish this are still being explored. It may be a better way to phrase it that "we can try our hardest." Also, "obtain injunction"—we may or may not be able to do that. We understand the spirit of the Statement_ Ms. Sisk agreed that receipt and file of the Task Force Mission Statement by Council would be acceptable. Martha Bruske pointed out that Task Force members who work for Lanterman are D.B. residents. Joseph Farrell, 23721 Jayhawker Ln., said he is a member of the Task Force and strongly believed that the Lanterman employees who are Task force members do not strongly support the views of the group and do not have the best interest of D.B. in mind. He outlined reasons why he is opposed to referring to Lanterman as a "good neighbor." Wally Lyman also believed that Lanterman employees should be asked to resign from the Task Force. APRIL 6, 1999 PAGE 8 CITY COUNCIL Dr. Lawrence Rhodes stated that the Task Force cannot prevent Lanterman employees from being present during meetings. Bob Watts recommended that the City change the name of the Task Force to a name reflecting its opposition to the Lanterman project. Fred Encinas asked Council to publicize its opposition actions, reimburse the Task Force for its expenses and to more visibly and vocally show their outrage at this project. In response to C/Ansari, Mr. Encinas indicated that he would like the Council to request that Lanterman return the confiscated video tape to its rightful owner and to stop escalating violence against petitioners. Kim Chapman asked for a response to her question regarding whether the City will provide funding for legal services to represent the Happy Hollow residents. CM/Belanger stated that staff will contact Mrs. Chapman tomorrow morning regarding this matter. Linda Farrell spoke about the confrontation with Lanterman staff and clients while she was petitioning residents in front of Von's Market. M/Chang reminded the audience to focus on the agenda item. Joe Ruzicka stated that there about 900 children in the D.B. Little League bordering the railroad tracks and Sunset Crossing which is in close proximity to the proposed project and the district board is very concerned about their safety. The Little League does not have funding to provide protective measures from potential Lanterman escapees. MPT/O'Connor reminded the audience why the Task Force was established. She felt that Lanterman employees might be able to give the Task Force information it did not already have. She stated she will ask her Lanterman employee Task Force member to resign. However, Task Force meetings are public meetings and Lanterman employees may attend the meetings. C/Huff proposed adoption of the Mission Statement. He stated that the Task Force job is finished and he proposed formation of a committee to oppose the Lanterman Forensic Expansion with five members appointed by each Council Member. He read a suggested Mission Statement for the new committee: "The Mission of the Committee Against Lanterman Forensic Expansion, appointed by the D.B. City Council, is to establish and bring to bear a powerful and unified voice of elected officials and community members to ensure the safety and welfare of the community, APRIL 6, 1999 PAGE 9 CITY COUNCIL protect property values and preserve the socio-economic environment through the abolition of the Lanterman Developmental Center Forensic Expansion Project Secure Treatment Facility." CA/Jenkins stated that the dissolution of the Task Force and formation of a committee is not on the agenda and should be scheduled for the next Council meeting. C/Huff moved, MPT/O'Connor seconded, to accept the Mission Statement. 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 MPT/O'Connor indicated that she had had many questions concerning the make up and activities of the Task Force. Further, she had some real legal issues with some of the things that the Task Force was doing. Before we form a new committee, we need to establish what the legal requirements are for the Task Force members. She stated that she was not ready for form a new Task Force until Council can define the Task Force's legal issues and whether they are on personal business or Task Force business. C/Huff moved, C/Herrera seconded, to consider the matter of the status of the Task Force an urgency matter to place upon the agenda discussion of the possibility of disbanding of the Task Force. Motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor NOES: COUNCIL MEMBERS - Ansari, M/Chang ABSENT: COUNCIL MEMBERS - None 4. PUBLIC COMMENTS: Martha Bruske reiterated that the Council failed to adequately notify the residents regarding the Lanterman project. Thom Pruitt stated that the Lanterman Expansion Project would potentially have an adverse effect on the D.B. Pop Warner Football and Cheerleader program in that some of the group's activities are held in the vicinity of the YMCA which is adjacent to the Lanterman facility. He announced that the Pop Warner Football organization will hold its annual Celebrity Invitation Golf Tournament on Monday, May 3 at the Via Verde Country Club. Carolyn Elfelt and Janet Roberts invited the Council and residents to participate in the DBHS stadium expansion festivities to be held on Friday and Saturday, April 16 and 17. APRIL 6, 1999 PAGE 10 CITY COUNCIL Allen Wilson stated that the Friends of the Library Wine Tasting Soiree will be held on April 25 to raise funds fc� books and other community related library projects. Aaron Flisik reminded the Council that there is a need for a skateboard park in .D. B. In response to Clyde Hennessee, MPT/O'Connor explained,that the Consent Calendar Item No. 6.6 budget adjustment is the total amendment amount for the change in General Fund expenditures. Carol Willner, Lorbeer Middle School Principal, spoke in support of Consent Calendar Item No. 6.9. She suggested that the afternoon time be changed to 2:15 to 2:45 p.m. Joseph Farrell asked for an explanation of the vote to place an item on the agenda as an urgency item. Jeff Koontz, D.B. Chamber of Commerce, stated that the Grand Opening for the Hand Car Wash will be held on Saturday, April 17 adjacent to the Country Hills Towne Center. He spoke in support of Consent Calendar Item No. 6.6. He recommended that a neon sign be added for "No Right Turn" purposes that would be monitored by the crossing guard. Fred Encinas reiterated the need for press releases on Council Member's activities regarding Lanterman. He recommended that the Walnut Sheriffs Station be alerted to potential conflicts between residents and Lanterman employees. Sue Sisk asked for an explanation of legal issues regarding the Task Force. 5. SCHEDULE OF FUTURE EVENTS: 5.1 TRAFFIC & TRANSPORTATION COMMISSION - Thursday, April 8, 1999 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - Tuesday, April 13, 1999 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.3 CITY 10th BIRTHDAY PARTY CELEBRATION - Sunday, April 18, 1999 - 12:00 noon to 5:00 p.m., Peterson Park, 24142 E. Sylvan Glen Dr. 5.4 CITY COUNCIL MEETING - Tuesday, April 20, 1999 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.5 PARKS & RECREATION COMMISSION - Thursday, April 22, 1999 - 7:00 APRIL 6, 1999 PAGE 11 CITY COUNCIL p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.6 CURBSIDE BULKY ITEM COLLECTION - Saturday, April 24, 1999 beginning at 7:00 a.m. to include furniture and appliances. 6. CONSENT CALENDAR: C/Herrera moved, C/Huff seconded, to approve the Consent Calendar, with the exception of Item No. 6.8. Motion carried by the following Roll Call vote with MPT/O'Connor voting No on Consent Calendar Item No. 6.6: 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 Joint Public Hearing of March 16, 1999 with D.B. Redevelopment Agency - as submitted. 6.1.2 Regular Meeting of March 16, 1999 -as submitted. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of February 9, 1999. 6.2.2 Regular Meeting of February 23, 1999. 6.3 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 6.3.1 Sheriffs Department Presentation Workshop of January 14, 1999. 6.3.2 Regular Meeting of January 14, 1999. 6.3.3 Regular Meeting of February 11, 1999. 6.4 APPROVED VOUCHER REGISTER - dated April 6, 1999 in the amount of $744,145.02. 6.5 RECEIVED AND FILED TREASURER'S REPORT - February, 1999. 6.6 APPROVED FISCAL YEAR 1998-1999 BUDGET AMENDMENT No. 2 (MPT/O'Connor voted No). 6.7 ADOPTED RESOLUTION NO. 99-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF 100 FEET OF RED CURB ON THE NORTH SIDE OF PATHFINDER ROAD IMMEDIATELY WEST OF PRESADO DRIVE AND 50 FEET OF RED CURB ON THE NORTH SIDE OF PATHFINDER ROAD IMMEDIATELY EAST OF PRESADO DRIVE. APRIL 6, 1999 PAGE 12 CITY COUNCIL 6.9 ADOPTED RESOLUTION NO. 99-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF "NO RIGHT -TURN ON RED, 7:30 A M. - 8:00 A.M./2:15 P.M. - 2:45 P.M., SCHOOL DAYS ONLY: SIGNS AT ALL QUADRANTS OF THE INTERSECTION OF DIAMOND BAR BOULEVARD AND GOLDEN SPRINGS DRIVE". 6.1Q AWARDED CONTRACT TO DEWAN LUNDIN & ASSOCIATES (DLA) FOR PROFESSIONAL INSPECTION SERVICES FOR CABLE UPGRADE - in an amount not -to -exceed $5,000 for inspection services related, to the Cable System Upgrade. All fees will be paid by Century Communications. 6.11 RESOLUTION NO. 99-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR A 1998-1999 TIRE RECYCLING GRANT - for a 1998-1999 Playground Cover and Surfacing Grant. 6.12 EXTENDED VENDOR SERVICES FOR PUBLICITY BANNERS - authorized additional work to be performed by Dekra-Lite for banners, banner support poles and banner installation/removal in an mount not -to -exceed $15,000 for FY 98/99. 6.13 AUTHORIZED ADDITIONAL PROFESSIONAL SERVICES FOR REMEDY- In the amount of $3,500 for temporary secretarial support assistance, making the total to Remedy in the amount of $14,520. 6.14 APPROVED AMENDMENT OF CONTRACT FOR MINUTE SECRETARY SERVICES - authorized the City Manager to approve an additional expenditure of $500 with Carol A. Dennis, amending the total contract amount to $23,500. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.8 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF 50 FEET OF DOUBLE YELLOW CENTERLINE STRIPING ON EACH RESPECTIVE LEG OF THE INTERSECTION OF GOLDRUSH DRIVE AND HIGHCREST DRIVE, AND A STOP SIGN AT THE INTERSECTING LEG OF GOLDRUSH DRIVE AT HIGHCREST DRIVE - Continued to April 20, 1999. 7. PUBLIC HEARINGS: 7.1 (a) RESOLUTION NO. 99 -XX: 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. 96741, the City established the current penalty which needs to be APRIL 6, 1999 PAGE 13 CITY COUNCIL amended in order to conform to the Municipal and California Vehicle Codes. No fees have been increased; however, sections have been amended for clarity. M/Chang declared the Public Hearing open. There being no testimony offered, M/Chang continued the Public Hearing to April 20, 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 opened the Public Hearing. There being no testimony offered, M/Chang continued the Public Hearing to April 20,1999. 8. OLD BUSINESS: 8.1 PRESENTATION BY THE ROTH GROUP REGARDING THE COMMUNITY/CIVIC CENTER TASK FORCE - Council established the Community/Civic Center Task Force to study the possibility of creating a focal point for the D.B. community. Marlene Roth, principal of The Roth Group, presented an update of the Task Force's activities. 8.2 AWARD OF CONTRACT TO COCA COLA FOR INSTALLATION OF VENDING MACHINES IN CITY PARKS - Council approved a policy to allow installation of vending machines in City parks to generate revenue. Staff released an RFP and received three responses. A committee of three staff members interviewed each of the proposers and recommended awarding a contract to Coca Cola Bottling Company. Features of the proposal include: 1) two state-of-the-art vandal resistant machines to be installed in each park at no cost to the City; 2) all stocking and maintenance costs to be borne by Coca Cola; 3) City will receive 35% commission on each $1 of sales, less sales tax and CRV, and 4) each park will have soda, non -carbonated drinks and water. MPT/O'Connor asked that a "lock -down" provision be included in the contract so that the machines are not available for use when various sports organizations are APRIL 6, 1999 PAGE 14 CITY COUNCIL selling items from concession stands. Following discussion, C/Ansari moved, C/Herrera seconded, to approve the agreement for twelve months (one year) with the addition of a termination clause, with the addition to a lock -down provision and with a maintenance turn -around time of 24 hours, with the exception of weekends. 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 8.3 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 PROPERTY LOCATED EAST OF MORNING SUN AVENUE AND NORTH OF PATHFINDER ROAD - Continued from March 16, 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 - Continued to April 20, 1999. 8.5 AMENDMENT NO. 1 TO A PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL IMPACT SCIENCES (PETER LEWANDOWSKI) REGARDING ENVIRONMENTAL SERVICES FOR THE WOHL PROJECT AND THE LANTERMAN FORENSIC PROJECT - The existing contract amount is $5,560. An additional allocation of $14,000 is requested to permit additional environmental services as necessary. The total amount of the contract will increase to $19,560. MPT/O'Connor moved, C/Ansari seconded, to approve Amendment,No. 1 to the agreement with Environmental Impact Sciences (Peter Lewandowski) in the amount of $14,000. 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 8.6 EVALUATION OF THE RECOMMENDATIONS OF THE SOLID WASTE APRIL 6, 1999 PAGE 15 CITY COUNCIL STANDARDS TASK FORCE - 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, 1999. Based on the analysis, staff finds that the five Task Force recommendations requiring 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. Don Gravdahl expressed concern regarding a proposed $4 green waste pickup charge and how the inclusion of commercial/multi-family accounts could help the City reach the State mandated requirements for recycling. Clyde Hennessee did not want to bear the burden for the cost of recycling. C/Ansari asked that staff explain how San Dimas has reduced its recycling by 64%. C/Herrera moved, C/Huff seconded, to continue this matter to April 20, 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 9. NEW BUSINESS: 9.1 STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS) MULTI - HAZARD FUNCTION PLAN - The Standardized 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. Continued to April 20, 1999. APRIL 6, 1999 PAGE 16 CITY COUNCIL 9.2 RESOLUTION NO. 99-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING PACIFIC BELLS' 411 RATE INCREASE - SBC/Pac Bell has applied to the California Public Utilities Commission for permission to increase the charge of a local directory assistance call from $.25 up to $1.10. This is a 340% increase. In addition, SBC/Pac Bell is asking to raise the rate of an emergency break -through call from $1.00 to $5.00. C/Huff moved, C/Ansari seconded, to adopt Resolution No. 99-20 with a clarification of the term "not any other dial around numbers" to the Council. 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 9.3 RECOMMENDATIONS BY CITY COUNCIL LEGISLATIVE COMMITTEE: (a) SUPPORT SB 597 (POOCHIGIAN) - Would require a city's consent prior to acquisition, through eminent domain, by a joint exercise of powers authority/agency, where the property proposed to be acquired is within the boundaries of the city. If said property is within the city's sphere of influence area, the county in which the property is located must consent to the condemnation. A city's participation as a party to the joint owners agreement to form the authority/agency shall not constitute the consent required by this section. (b) RESOLUTION NO. 99-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING POLICY GUIDELINES REGARDING RIVERS AND MOUNTAINS CONSERVANCY LEGISLATIVE PROPOSALS - There are several State legislative proposals which would create a rivers and mountains conservation authority related to the San Gabriel River watershed area. The proposals are very different in scope and approach. In an effort to avoid, at least at this point, choosing between the legislation, the League of California Cities, L.A. Division. Legislative Committee, adopted policy guidelines to guide the League member cities regarding any rivers and mountains conservancy legislative proposal. (c) SB 1277 (HAYDEN) - Would prohibit construction of new roads and other infrastructure in or through units of the State Park system and land reserves that are either leased or held in fee simple title. Further, it would exclude infrastructure specifically identified in an approved General Plan for the park or reserve that is necessary for operation, maintenance, management or use of the park or reserve. However, construction can be approved by a legislative measure requiring approval of a two-thirds vote APRIL 6, 1999 PAGE 17 CITY COUNCIL of the membership of each house of the Legislature. C/Herrera moved, C/Ansari seconded, to approve (a), (b) and (c). 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 RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the Meeting to the Redevelopment Agency at 11:50 p.m. RECONVENE CITY COUNCIL MEETING: Council meeting at 11:50 p.m. M/Chang reconvened the City 10. COUNCIL SUB -COMMITTEE REPORTS AND COUNCIL MEMBER COMMENTS: C/Huff stated that he had devoted most of the past three weeks to the Lanterman project. He hoped that the Council Member's actions clearly convey their commitment to this matter. He asked that during the Kosovo conflict, citizens please extend their hearts and prayers to the families of the captured soldiers and NATO forces that are in harms' way. C/Ansari said she had attended many meetings regarding the Lanterman project. She continues to work to obtain funding for transportation going out of California into Texas. She asked that the Larkstone Park matter be placed on the next City Council agenda. C/Herrera believed that all Council Members are united in our effort to oppose the Lanterman expansion project and are working diligently to successfully conclude this matter in such a way that officials in Sacramento will locate the forensic facility at a different location. MPT/O'Connor concurred with C/Herrera's comments. She requested that staff meet with the D.B. Amateur Radio Society members to review the applicable section of the newly adopted Telecommunications Ordinance. M/Chang reported that Council has been working very hard on behalf of the community to successfully resolve the Lanterman project matter as well as other important matters that affect the residents of D.B. He thanked the citizens for their concern and input. APRIL 6, 1999 PAGE 18 CITY COUNCIL 11. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the meeting at 11:55 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk