HomeMy WebLinkAbout05/18/1999 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
1999/2000 FISCAL YEAR MUNICIPAL BUDGET
MAY 18, 1999
CITY COUNCIL CALL TO ORDER: Mayor Chang called the
meeting to order at 4:00 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,
Huff, Mayor Pro Tem O'Connor and Mayor Chang. Council Member Herrera
was excused.
Also Present were: Terrence L. Belanger, City
Manager; James DeStefano, Deputy City Manager; 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; Anne
Haraksin, Administrative Assistant ; Gina Tharani, Accountant II and Captain
Richard Martinez, Walnut Sheriff.
A. 1999/2000 FISCAL YEAR MUNICIPAL BUDGET DISCUSSION:
CM/Belanger stated that, for the current fiscal year (98/99) the City has 30
full time positions, 29 of which are filled. Currently, there are 11 part time
employees. The 99/2000 FY Budget proposal remains at 11 part time
employees. The 99/2000 Budget is proposed to be a total of $11,611,960
for estimated resources and $10,666,365 for estimated appropriations, with
a projected fund balance on June 30, 2000, of $945,595. He explained the
current and projected revenue sources and amounts.
Based upon C/Huffs concerns, Council requested a year-to-date Profit and
Loss report on a monthly basis with actual and budget comparisons.
Council discussed the City's surplus computer equipment. It was suggested
that if the school districts are not interested in receiving the equipment, that
it be given to the library for dedicated word processing stations.
In responses to C/Ansari, CMD/Nelson explained that the outdated computer
equipment had not been released to the school districts because there are
still old work stations in use that have not yet been transitioned. He stated
that CA/Jenkins indicated there may be a problem with the City donating the
equipment and that it may have to be surplused out.
Capt. Martinez responded to C/Ansari that deputy Sheriff contract rates have
increased overall by approximately 5%.
MAY 18, 1999 PAGE 2 CITY COUNCIL STUDY SESSION
C/O'Connor asked if a regular deputy could be assigned to patrol the
schools to replace the overtime deputy.
Capt. Martinez indicated that the Sheriffs Station is looking at alternative
work schedules that will be presented to the Council at its next meeting.
CM/Belanger believed that Council would see its Public Safety Budget creep
up over $4,000,000 for the first time without adding any personnel. Further,
he pointed out that the budget has been reduced for Building & Safety to
reflect what staff believed would be a more usual year in terms of building
permits. This year was an exceptional year as a result of the current
Gateway Corporate Center building projects and the homes that are being
built on Brea Canyon Rd. The City receives 40% of every dollar. The
budget for Planning and Parks Administration will remain virtually the same.
The largest increase in the Recreation Budget is in contract services. Much
of the increase seen in the Community Services Contract are the Tiny Tot
programs for Heritage Park and Pantera Park.
C/Huff said that it is difficult for him to justify the City's Anniversary
Celebration Budget.
CSD/Rose explained that the additional $5,000 requested is to add
amenities and possibly include a Saturday night event. In addition, the
committee is looking at tenting to replace canopies for a more consistent and
professional look.
C/Huff stated that the City needs to quantify the number of attendees to
verify a cost benefit for the event.
CM/Belanger reported that the Engineering Budget is based upon this year's
activity, there has been a reduction in Traffic & Transportation.
CSD/Rose explained the Parkway Maintenance and Tree Budget items and
indicated to C/Ansari that staff is working with West Coast Arborists, who
have developed a tree planting plan with staffs input. Maintenance work for
the older trees that are lifting pavement is being handled by the City's Public
Works Department under the street budget. Staff has never proposed doing
a wholesale removal of living trees.
C/Huff believed Council needs to make a policy decision for tree
replacement.
C/Ansari believed that the City needs to install bubblers in the center
medians because the sprinklers are not working correctly.
CSD/Rose responded to CM/Belanger that the City has been replacing trees s
MAY 18, 1999 PAGE 3 CITY COUNCIL STUDY SESSION
with 15 gallon trees. Next fiscal year, the replacement trees will be 24" box
trees.
Council concurred to involve the community in the Public Hearing process
to determine a tree replacement policy for the City streets and medians.
CSD/Rose reported on the Skateboard Park budget item.
C/Huff said he would prefer that the City budget $200,000 rather than
$350,000 for a skateboard park. If the budget needs to be increased, the
Council can make that determination when the facts are known.
MPT/O'Connor suggested selling Proposition A funds to procure funding for
the skateboard park.
M/Chang believed the City could build a skateboard park for $150,000.
CM/Belanger stated that staff will collect data from other cities that have built
skateboard parks. In the meantime, the CIP budget allocation will be
$200,000 with the monies to come from Proposition A funds.
CM/Belanger stated that the next agenda will include an extension of this
study session for purposes of discussing the balance of the budget and CIP
Projects.
3. ADJOURNMENT: There being no further business to conduct, Mayor
Chang adjourned the Study Session at 6:30 p.m. to the regular City Council
meeting. The next City Council Study Session is scheduled for June 1, 1999
at 4:00 p.m. in Room CC -2 of the SCAQMD.
B
LYNDA BURGESS, City Clerk
ATTEST:
tLI-
r
all yor
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MAY 18, 1999
STUDY SESSION: 4:00 p.m., SCAQMD Room CC -2
Discussion of proposed Fiscal Year 99-
2000 Municipal Budget
CLOSED SESSION: None
2. CALL TO ORDER: Mayor Chang called the City Council
meeting to order at 6:50 p.m. in the Auditorium of the South Coast Air Quality
Management District, 21865 E. Copley Drive, Diamond Bar, California.
ROLL CALL: Council Members Ansari, Huff,
MPT/O'Connor, M/Chang. C/Herrera was excused.
Also present were: Terrence L. Belanger, City Manager; Mike
Jenkins, City Attorney; James DeStefano, Deputy City Manager; 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 H.K.
"Speed" Klinzing.
INVOCATION: The Invocation was given by Dr. Ted
Martinez, Evangelical Free Church of Walnut.
APPROVAL OF AGENDA: CA/Jenkins explained that, due to a
possible conflict of interest, he had advised MPT/O'Connor that she not
participate in any matters related to the Lanterman Developmental Center
issue as set forth in Agenda Items 8.2, 8.3, 9.4 and 9.5(c). He understood
that MPT/O'Connor has determined to abide by his advice and will not
participate in these matters.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
FD/Magnuson introduced Gina Tharani, the City's new Accountant II.
3.1 (a) Proclaimed May as "Older Americans Month" with Thursday,
May 20, 1999 designated as "Older Americans Recognition
Day."
(b) Presented Certificate of Recognition to Mildred Bergen for
being named "Outstanding Older American."
3.2 Proclaimed May 24-28, 1999 as "Vector Control Awareness Week."
3.3 Proclaimed May, 1999 as "Small Business Month."
MAY 18, 1999 PAGE 2 CITY COUNCIL
3.4 Presented Certificate of Recognition to D.B. Breakfast Lions Club
acknowledging their contribution to the blind and youth services to the
YMCA and other services.
3.5 Presented Certificates of Commendation to L.A. County Sheriff
Community Service Officer Devin Kolstad and Deputies Florentino
Madrid and Peter Duran for their swift actions during the April 19,
1999 Sycamore Canyon Park fire.
3.6 Presented Certificates of Recognition to Lorbeer Middle School
students Brian Bautista, Daniel Tith, Justin Terrill and Jason Serrano,
recipients of ExploraVision Awards.
3.7 Presented Plaque to Raul Medina for his long-time community
involvement.
RECESS: M/Chang recessed the meeting at 7:35 p.m.
RECONVENE: M/Chang reconvened the meeting at 8:08 p.m.
C/Huff left the meeting at 8:08 p.m.
4. PUBLIC COMMENTS: Bob Zirbes, DBIA, announced the third
annual "Paint the Town" at 7:00 a.m. on May 22, 1999. Two houses will be
painted this year.
Mary Hollis, Schuler Institute and Lyndon LaRuche for President Campaign,
spoke about the crisis in the Balkans, which will result in global financial
disintegration.
Martha Bruske expressed disappointment that the Council discussed the
proposed 9912000 FY budget prior to the meeting. She believed the matter
needs to be discussed during the regular Council meeting. She was also
disappointed that Council Comments are scheduled so late in the meeting.
Further, she was concerned about lack of traffic enforcement at the
intersection of Goldrush Dr. and D.B. Blvd. She spoke in favor of Consent
Calendar Item 6.4. She asked if Consent Calendar Item No. 6.5 is requested
as a result of the Lanterman issue.
Dr. Lawrence Rhodes complained about push carts within residential
neighborhoods. He asked that the Council move Agenda Item 9.5(c) to
follow Agenda Item 8.3. He said he is unable to join the Senior Citizen's
organization because the organization has reached maximum capacity and
cannot accommodate additional members.
Ramon Nava, field representative for Assemblyman Pacheco, introduced
MAY 18, 1999 PAGE 3 CITY COUNCIL
himself to the Council and the community. He said he is present at tonight's
meeting to answer any concerns regarding the Lanterman Expansion
Project.
Allen Wilson announced that the Community/Civic Center Task Force will
hold an open house at the SCAQMD on June 5, 1999.
Jeff Koontz, Executive Director of the Chamber of Commerce, announced
upcoming Chamber events.
5. SCHEDULE OF FUTURE EVENTS:
5.1 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - May 22, 1999 -
West Covina City Maintenance Yard - 9:00 a.m. - 3:00 p.m., 825
Sunset Avenue, West Covina.
5.2 PLANNING COMMISSION - May 25, 1999 - 7:00 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
5.3 SMALL BUSINESS SEMINAR - May 25, 1999 - 7:00 p.m. to 9:00 p.m.,
Room CC -6, SCAQMD, 21865 E. Copley Dr.
5.4 PARKS AND RECREATION COMMISSION - May 27, 1999 - 7:00
p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr.
5.5 CITY COUNCIL MEETING - June 1, 1999 - 6:30 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
5.6 TOWN HALL MEETING (Y2K) - June 5, 1999 - 9:00 a.m. - 12:00
Noon, SCAQMD Auditorium, 21865 E. Copley Dr.
5.7 COMMUNITY/CIVIC CENTER TASK FORCE OPEN HOUSE - June
5, 1999 - 9:00 a.m. to 12:00 noon, SCAQMD outside of the main
auditorium, 21865 E. Copley Dr.
5.8 TOWN HALL MEETING - (Proposed Lanterman Developmental
Center Forensic Confinement Program) - June 12, 1999 - 9:00 a.m.
- 12:00 Noon, Walnut High School, 400 Pierre Road, Walnut.
5.9 9th ANNUAL CONCERTS IN THE PARK - First in the series of 10
Concerts - June 16, 1999 - 6:30 - 8:00 p.m., SOUTHLAND BAND
(Contemporary), Sycamore Canyon Park, 22930 Golden Springs Rd.
C/Huff returned to the Council meeting at 8:42 p.m.
6. CONSENT CALENDAR: C/Ansari moved, MPT/O'Connor seconded,
MAY 18, 1999 PAGE 4 CITY COUNCIL
to approve the Consent Calendar with the exception of Consent Calendar
Item No. 6.3 a, b and c as well as, 6.7. Motion carried by the following Roll
Call vote:
AYES:
COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor, M/Chang
NOES:
COUNCIL MEMBERS - None
ABSENT:
COUNCIL MEMBERS - Herrera
6.1 APPROVED VOUCHER REGISTER - dated May 18, 1999 in the
amount of $582,428.50. MPT/O'Connor abstained from voting to
approve P.O.#8720 and P.O.#8686 relating to the Lanterman matter.
6.2 ADOPTED RESOLUTION NO. 99-31: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
PLANS AND SPECIFICATIONS FOR GOLDEN SPRINGS DRIVE
STREET REHABILITATION PROJECT BETWEEN GRAND AVENUE
AND TORITO LANE, IN SAID CITY AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS.
6.4 RESOLUTION NO. 99-32: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION
OF MULTI -WAY STOP SIGNS AT THE INTERSECTION OF
BALLENA DRIVE AND PALOMINO DRIVE.
6.5 APPROVED EXTENSION OF CONTRACT FOR VENDOR
SERVICES - in an additional amount of $6,000 for vendor services to
be performed by Highpoint Type and Graphics (AKA Highpoint Digital
Solutions) for the remainder of FY 1998-1999.
6.6 APPROVED MEMBERSHIP OF THE CITY OF LAGUNA WOODS
INTO THE CALIFORNIA JOINT POWERS AUTHORITY (CJPIA) -
and authorized the Mayor to execute the consent form as the City's
delegate to the Authority.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.3 (a) RESOLUTION NO. 99-33: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH
RESPECT TO THE CITY OF DIAMOND BAR /ASSESSMENT
DISTRICT NO. 38; AND DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING
MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1999-
2000; AND FIXING A TIME AND PLACE FOR A HEARING OF _
OBJECTIONS THEREON - setting a hearing for June 15, 1999.
MAY 18, 1999 PAGE 5 CITY COUNCIL
(b) RESOLUTION NO. 99-34: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623
OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH
RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT
DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING
MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR
1999-2000; AND FIXING A TIME AND PLACE FOR A HEARING
OF OBJECTIONS THEREON - setting a hearing for June 15, 1999.
(c) RESOLUTION NO. 99-35: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH
RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT
DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING
MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1999-
2000; AND FIXING A TIME AND PLACE FOR A HEARING OF
OBJECTIONS THEREON - setting a hearing for June 15, 1999.
Following discussion, C/Ansari moved, MPT/O'Connor seconded, to
adopt Resolution Nos. 99-33, 99-34 and 99-35. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Herrera
6.7 APPROVED PURCHASE ORDER TO PROCURE TRAFFIC SIGNAL
POLES - for the Brea Canyon Rd./Diamond Crest Lane, Brea Canyon
Rd./Glenbrook Dr., and Brea Canyon Rd./Golden Springs Dr. Traffic
Signal Improvement Projects.
C/Ansari moved, MPT/O'Connor seconded, to b) approve a purchase
order with Pacific Lighting Sales, Inc. in an amount not -to -exceed
$25,164.88 and continue the matter of allocating $50,000 from
unappropriated Gas Tax balance and increase of Capital
Improvement Projects Fund by $50,000 to June 1, 1999. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS — None
MAY 18, 1999 PAGE 6 CITY COUNCIL
ABSENT: COUNCIL MEMBERS - Herrera
7. PUBLIC HEARINGS: None
8. OLD BUSINESS:
8.1 SECOND READING - ORDINANCE NO. 05(1999): AN ORDINANCE
OF THE CITY OF DIAMOND BAR REGARDING TRAFFIC
REGULATIONS AND AMENDING TITLE 10 - VEHICLES AND
TRAFFIC - On May 4, 1999, Council approved first reading of
Ordinance No. 05(1999) amending Title 10 of the D.B. Municipal
Code, regulating 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 to improve
traffic safety within the City. The 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.
C/Ansari moved, C/Huff seconded, to approve second reading by title
only, waive full reading and adopt Ordinance No. 05(1999) regarding
Traffic Regulations and amending Diamond Bar Municipal Code Title
10 - Vehicles and Traffic. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Herrera
8.2 APPROVAL OF CONTRACT WITH ROBERT BEIN, WILLIAM FROST
& ASSOCIATES FOR GRAPHIC DESIGN SERVICES OF
LANTERMAN DEVELOPMENTAL CENTER EXPANSION - The
proposed Lanterman Developmental Forensic Expansion Project
includes a "prison -like" compound. To visually illustrate the proposed
compound (two sixteen foot fences, 15 feet apart, with four 28 foot
guard towers), the City requested proposals from firms which could
graphically illustrate, three dimensionally, the final design. Robert
Bein, William Frost & Associates (RFB) is the only firm that can meet
the City's requirements, including time -frame and dimensional models
of the compound. RBF has photographed the proposed site,
reviewed the environmental documents and architectural plans.
Based upon the review, three dimensional models will be created.
The models will be completed within two weeks. Under purchasing
guidelines, contracts that are awarded to single vendor shall not
MAY 18, 1999 PAGE 7 CITY COUNCIL
exceed $10,000 without prior authorization from the City Council.
MPT/O'Connor recused herself from deliberating on Agenda Items
8.2, 8.3, 9.4 and 9.5 (c) due to a potential conflict of interest and left
the dais.
Sue Sisk asked why the City is pursuing this matter. Why aren't the
attorneys securing this information if it is necessary for their case?
Rebecca Fernandez said she is totally opposed to housing forensic
patients in the small community of D.B. She asked for a definition of
"forensic".
Jeff Koontz asked if the City has asked Lanterman for a model of the
proposed facility expansion.
Karen Wade asked if the City has advanced funds to the attorneys to
fight the expansion project. What is the purpose of the model and
why isn't the attorney paying for the model.
Allen Wilson asked if the City can get the model from the State.
Dr. Lawrence Rhodes stated that the people living near the
Lanterman facility do not care what the expansion project looks like
- they just don't want it. If the attorneys do not have to have the
model, don't waste the City's money.
CM/Belanger stated that this type of activity is not part of an
attorney's fees. The City was prepared to pay for this information
regardless of whether the attorney was provided with the model. The
City requested a model from the State. However, the State did not
prepare a three-dimensional model. The State's CAD program was
procured from the State and the software is being utilized by Robert
Bein, William Frost & Associates. The City is a petitioner in this
matter and the attorney works on a hourly rate basis.
Following discussion about the fact that residents have asked the
Council to do whatever is necessary to stop the Lanterman project
and why the model is necessary in the preparation of a case against
the State, C/Ansari moved, C/Huff seconded, to approve a contract
with Robert Bein, William Frost & Associates, in an amount not to
exceed $11,450, authorize the City Manager to sign the contract and
approve a budget adjustment for said amount.
Sue Sisk believed the mock-up would be valuable and important in
allowing the City to make its case with the State Legislators.
MAY 18, 1999 PAGE 8 CITY COUNCIL
Motion failed by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff
NOES: COUNCIL MEMBERS - M/Chang
ABSENT: COUNCIL MEMBERS - Herrera, MPT/O'Connor
The matter will be continued to the June 1, 1999 meeting.
8.3 SPECIAL LEGAL SERVICES RE: LANTERMAN DEVELOPMENTAL
CENTER FORENSIC FACILITY PROJECT - The City Manager has
contacted the firm of Livingston and Mattesich, specifically Joel C.
Baiocchi, regarding representation of the City relative to the
Lanterman Developmental Center Forensic Facility Project. Mr.
Baiocchi has submitted a scope of services proposal for
consideration. The scope of legal work will be primarily focused on
the licensing process related to Lanterman.
Sue Sisk supported this item. She wants the parents and employees
of Lanterman to know that this community is not pursuing the closure
of Lanterman. However, the community is vehemently opposed to the
expansion project.
Dr. Lawrence Rhodes said the citizens opposing the project do not
know what Lanterman is building or when they propose to commence
the construction. The citizens are definitely in favor of hiring the
attorney.
Jennifer Hoey read a letter of opposition to the citizens of D.B. She
asked residents and merchants to take a stand in opposition of the
expansion.
Fred Encinas commended the Council for filing a lawsuit. He
commended the Council for working with staff to hire the appropriate
consultants to fight this battle. He asked Council for their leadership
and support in fighting this project.
Darla Farrell expressed concern that the Lanterman Expansion
Project has not been fully disclosed to all surrounding communities.
She read from a May 18, 1999 CalPoly student newspaper. She
requested that Council ask staff to provide informational fact sheets
to everyone within the community so that they are better informed
about the project.
Joseph Farrell stated that the group opposing the Lanterman Project
is not attacking the facility as it currently exists and not attempting to
MAY 18, 1999 PAGE 9 CITY COUNCIL
deprive the current facility's population of the services they require.
The group is against housing a criminal element.
Following discussion, C/Huff moved, C/Ansari seconded, to enter into
a contract and authorize special legal services with the firm of
Livingston and Mattesich, in an amount not to exceed $50,000 and
allocate $50,000 from General Fund unallocated fund balance
reserves. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Herrera, MPT/O'Connor
9.4 LANTERMAN COUNCIL SUBCOMMITTEE APPOINTMENT - to
replace MPT/O'Connor.
C/Huff volunteered to serve on the Lanterman Council Subcommittee.
Martha Bruske did not support C/Huff serving on the subcommittee.
Fred Encinas asked why MPT/O'Connor served on the subcommittee
for a year when there was a potential conflict.
CA/Jenkins explained that the City first became aware of the distance
of MPT/O'Connor's residence from Lanterman shortly before the
lawsuit was filed. When the matter of opposition to the project took
form, staff conducted a radius measurement and determined that she
was within the radius which raises the concern of whether or not there
is a conflict of interest. Once MPT/O'Connor became aware that
there may be a potential problem, she took action to exclude herself
from participation in this matter. The day before the lawsuit was filed,
he asked Mr. Rubens to remove MPT/O'Connor's name as a
petitioner from the lawsuit until such time as we had ascertained with
certainty that she has or does not have a conflict of interest.
Therefore, any mention of her name in connection with the lawsuit
was inadvertent and of no particular significance.
CA/Jenkins responded to Dr. Lawrence Rhodes that the regulations
promulgated by the Fair Political Practices Commission provide that
any public official that resides between 300 and 2500 feet has a
potential to have a conflict of interest if an action to be undertaken by
the body might reasonably have a material financial effect on that
Council Member's residence. MPT/O'Connor resides approximately
1500 feet from the Lanterman facility, placing her within the radius
that raises the question as to whether or not there is a material
MAY 18, 1999 PAGE 10 CITY COUNCIL
financial effect on the value of her home as a consequence of the City
undertaking its lawsuit against Lanterman's expansion project.
Jeff Koontz asked for explanation of the subcommittee.
Mary Burns asked if any Council Member had information regarding
escapees from the Norwalk facility.
CM/Belanger said staff will obtain this information for the Task Force.
C/Huff moved, C/Ansari seconded, to appoint C/Huff to serve on the
Lanterman Council Subcommittee to replace MPT/O'Connor. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Herrera, MPT/O'Connor
9.5 LEGISLATIVE RECOMMENDATIONS:
(b) ABA 373 (Robert Pacheco): SUPPORT - This legislation
would prohibit expenditure of funds that were approved in the Budget
Act of 1998 for the purpose of constructing security improvements at
Lanterman Developmental Center. The bill would prohibit any
developmentally disabled patients from being placed at the
Lanterman Center as well as prohibit any additional staffing or
construction of security improvements from being made relating to the
transfer of forensic patients to Lanterman until July 1, 2000. This bill
also requires the State Department of Developmental Services to
present a report, on or before February 1, 2000, to the Legislature
relating to the planned transfer of forensic patients to Lanterman and
the impact the security measures and patient transfers will have on
the surrounding communities.
Darla Farrell stated that this agenda item does not include "severe
behavioral patients" which was clearly stated in Assemblyman
Pacheco's bill.
CM/Belanger responded that the staff report was prepared prior to the
amendment including "severe behavior patients." Support of ABA
373 includes support of any amendments to the legislation that would
not dilute the intent of the support of the bill.
Martha Bruske said she is uncomfortable with Council's support of
legislative measures.
MAY 18, 1999 PAGE 11 CITY COUNCIL
Fred Encinas asked if it is acceptable for Council to have their names
on placards that indicate support of ABA 373.
C/Ansari moved, C/Huff seconded, to support ABA 373. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Herrera, MPT/O'Connor
MPT/O'Connor returned to the meeting.
9. NEW BUSINESS:
9.1 RESOLUTION NO. 99-36: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AUTHORIZING THE
ASSIGNMENT AND TRANSFER OF A CABLE TELEVISION
FRANCHISE AGREEMENT BY CITIZENS CENTURY CABLE
TELEVISION VENTURE TO CENTURY -TCI CALIFORNIA, L.P. - On
November 17, 1998, a limited partnership of Century Communications
(parent company of Citizens Century Cable) and Tele-
Communications, Inc. (TCI) was announced. In Southern California
the limited partnership, Century -TCI California, L.P., will be 75%
owned and operated by Century Communications. On February 17,
1999 the City received an application for assignment and transfer of
the existing cable television franchise from Citizens Century Cable
Television Venture to the new limited Century/TCI partnership. In
accordance with Federal Regulations, a cable transfer request must
be acted upon, either approved or denied, by Council within 120 days
of receipt of the application (June 16). Review of the transfer
application should include the capability of the new transferee to have
the "financial, technical and legal qualifications" to ensure
performance of all of the obligations required under the existing cable
television franchise.
C/Ansari moved, C/Huff seconded, to adopt Resolution No. 99-36 as
amended, authorizing the Assignment and Transfer of a Cable
Television Franchise Agreement by Citizens Century Cable
Television Venture to Century -TCI California, L.P. Motion carried by
the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Herrera
MAY 18, 1999 PAGE 12 CITY COUNCIL
9.2 AWARD OF CONTRACT FOR SPECIAL LEGAL SERVICES TO
RICHARDS, WATSON & GERSHON FOR REVIEW OF THE CABLE
TELEVISION TRANSFER - CENTURY COMMUNICATIONS TO
ADELPHIA COMMUNICATIONS - On March 5, 1999, Century
Communications entered into a merger agreement with Adelphia
Communications Corp. The City received an Application for
Franchise Authority Consent to Assignment or Transfer of Control of
Cable Television Franchise -FCC Form 394, on April 26, 1999. A
cable transfer request must be acted upon, either approved or
denied, by Council within 120 days of receipt of the application
(August 23). The City must review the application, especially the
legal, technical and financial aspects. The City requires the applicant
to cover all legal and/or technical costs required in reviewing the
transfer. A deposit of $2,000 from the applicant (Century) has been
obtained. Richards, Watson & Gershon provided the legal review for
1997 Franchise Agreement with Jones Intercable and the transfer to
Century Communications and are in the process of completing the
1999 Century/TCI transfer request.
Following discussion, C/Ansari moved, MPT/O'Connor seconded, to
authorize a contract for legal services with Richards, Watson &
Gershon for special legal services pertaining to the Cable Transfer
Application by Century Communications in an amount not to exceed
$2,000 and authorize the City Manager to enter into said contract.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Herrera
9.3 DISCUSSION OF REORGANIZATION OF CITY COUNCIL/
REDEVELOPMENT AGENCY AGENDA FORMAT - Council
concurred to continue this matter to June 1, 1999.
9.5 LEGISLATIVE RECOMMENDATIONS - Continued to June 1, 1999
(a) AB 38 (Washington) and SB 98 (Alarcon): SUPPORT - The
legislative proposal would require the SCAQMD to create an Office
of Technology Advancement to administer the clean -burning fuels
program; require establishment of a thirteen member advisory group
to make recommendations to the Office of Technology Advancement;
and the legislation extend the existing $1.00 fee on the renewal of
motor vehicle registration in the district to August 1, 2004. The $1.00
fee would have expired on August 1, 1999.
MAY 18, 1999 PAGE 13 CITY COUNCIL
Following discussion, Council concurred to direct staff to obtain
further information from the SCAQMD regarding AB 38 and SB 98,
and continue this matter to June 1, 1999.
(b) AB 84 (Granlund): OPPOSE - This legislation would seriously
impede California Cities' ability to better organize and communicate
the agenda of cities; both in Sacramento and to the citizens of the
State. This bill prevents a city from paying membership dues to any
organization that makes contribution to or establishes or maintains
a committee, as defined under the Political Reform Act of 1974. This
legislation is a direct attempt to stop the formation and development
of the Action for Better Cities (ABC) that has been formed to
strengthen the voice of city government(s) in California. It should be
made clear that cities do not and can not, either directly or indirectly,
pay city monies or use city resources for "grassroots lobbying" or into
a political action committee. This legislation would prevent the
establishment of a political action committee that would be completely
funded privately.
C/Ansari moved, M/Chang seconded, to oppose AB 84. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor,
M/Chang
NOES COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Herrera
(d) AB 1995 (Longville): SUPPORT - In the early 1990's the State
Legislature shifted $3,590,000,000 in property taxes from local
government to the Educational Revenue Augmentation Fund (ERAF)
to fund schools. The massive revenue shift had, and continued to
have, adverse impacts on funding of local governmental services.
This legislation would reduce the amount of monies going from local
governmental property taxes into ERAF by 10% per year until the
amount of revenues that were shifted are reduced to zero.
C/Ansari moved, M/Chang seconded, to support AB 1995. Motion
carried by the following Rall Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Herrera
9.6 (1) ORDINANCE NO. 0X(1999): AN ORDINANCE OF THE CITY
DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR CODE
MAY 18, 1999 PAGE 14 CITY COUNCIL
ADOPTING, BY REFERENCE, THE "UNIFORM ADMINISTRATIVE
CODE", 1997 EDITION, THE "CALIFORNIA BUILDING CODE", 1998
EDITION, VOLUMES 1, 2 AND 3, INCLUDING ALL APPENDICES
THERETO, THE "CALIFORNIA MECHANICAL CODE", 1998
EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA
PLUMBING CODE", 1998 EDITION AND THE APPENDICES
THERETO, THE "CALIFORNIA ELECTRICAL CODE", 1998 EDITION
AND THE APPENDICES THERETO, "THE UNIFORM HOUSING
CODE", 1997 EDITION AND THE APPENDICES THERETO AND
"THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE",
1997 EDITION, TOGETHER WITH CERTAIN AMENDMENTS,
ADDITIONS, DELETIONS AND EXCEPTIONS INCLUDING FEES
AND PENALTIES.
MPT/O'Connor moved, C/Ansari seconded, to approve first reading
by title only and set a Public Hearing for June 1, 1999. Motion carried
by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Herrera
(2) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR MAKING EXPRESS FINDINGS
AND DETERMINATIONS THAT MODIFICATIONS TO THE
CALIFORNIA BUILDING CODE, CALIFORNIA PLUMBING CODE,
AND CALIFORNIA ELECTRICAL CODE, AS ADOPTED BY
ORDINANCE NO. 0X(1999) ARE REASONABLY NECESSARY
BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR
TOPOGRAPHICAL CONDITIONS - The State reviews its Model
Building Code regulations every three years, and adopts the most
current Uniform Building Codes printed by the International
Conference of Building Officials. The State adopted the 1997 Uniform
Building Code, 1997 Uniform Plumbing Code, 1997 Uniform Housing
Code and 1997 Uniform Mechanical Code, 1996 National Electric
Code in January, 1999. Local jurisdictions are required to adopt said
codes by ordinance within six months or they will automatically be
adopted by operation of law. The State allows local municipalities to
amend the Uniform Building Codes to meet the unique climatic,
geographical and topographical conditions of the City. Continued to
June 1, 1999.
RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the
City Council Meeting to the Redevelopment Agency at 11:38 p.m.
MAY 18, 1999 PAGE 15 CITY COUNCIL
RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City
Council meeting at 11:41 p.m.
10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS:
C/Ansari complimented the Walnut Valley Educational Foundation on the
occasion of its Teddy Bear Tea. Over 300 people attended. She
complimented the Chamber of Commerce for signing up eight new members
and four members that reapplied. She reported on her attendance at the
San Gabriel Economic Partnership meeting, an Islamic banking conference,
a Water Policy Committee meeting and as guest speaker at the American
Nurses Assn. conference in Las Vegas. She was installed as Treasurer for
the Contract Cities Organization. She thanked her fellow Council Members
for their attendance. She assured the community that Council Members
have been working proactively on the Lanterman matter as well as working
to keep as much money as possible for the City.
C/Huff said that there are only so many places that Council Members can be.
The Council has devoted 110% to the Lanterman effort. For the record, he
has joined members of the community marching in opposition to the
Lanterman Expansion project. Among other events that he has attended
during the past two weeks, he was recently chosen to serve on the Executive
Board of Foothill Transit. Last Friday through Sunday, he attended the
Contract Cities Conference
MPT/O'Connor stated that on May 5, she attended the WCCA meeting.
Claire Schlotterbeck has resigned from the Governing Board and was
appointed to an advisory position with WCCA. As a result of her resignation,
there is an opening for a member from Orange County. She will meet and
interview two respondents for an advisory position that is available in D. B.
If there are any interested parties that have not responded, please do so as
soon as possible. On May 6, she participated in the National Day of Prayer.
On May 7, the Solid Waste Subcommittee met with a hauler who may be
interested in coming in to D.B. On May 8, the Community/Civic Center Task
Force toured possible sites. That afternoon she, C/Ansari and M/Chang
attended the Walnut Valley Education Foundation Teddy Bear Tea. On May
11, she participated in the YMCA Golf Tournament meeting. The sponsors
of the tournament are seeking sponsors and funding. On May 12, the
Community/Civic Center Task Force meeting was held to discuss potential
sites, locations and facilities. Location sites are still under consideration.
On May 13, she was involved with a Chamber of Commerce Legislative
meeting to discuss potential legislation affecting the City. The Finance
Committee met on May 13 for a review of the proposed FY 99/2000 Budget.
Friday through Sunday, she and other Council Members attended the
Contract Cities Conference. She asked that a liaison subcommittee
establishment with the Cities of Walnut, Pomona and City of Industry be
agendized. On May 17, the Chamber Liaison Subcommittee (C/Ansari and
MAY 18, 1999 PAGE 16 CITY COUNCIL
MPT/O'Connor) met with Chamber members to discuss the Chamber
contract. On May 18, she attended the Chamber of Commerce Board of
Directors meeting. She wished South Pointe Middle School musicians a
successful Carnegie Hall performance.
M/Chang pointed out that Council Members are working hard on behalf of
the community. He commended the efforts and dedication of the community
members in support of the Teddy Bear Tea. During the Contract Cities
Conference, there was much discussion about legislation and the fact that
cities are strapped by tight budgets.
11. ADJOURNMENT: There being no further business to conduct, M/Chang
adjourned the meeting at 11:54 p.m.
ATTEST:
Mayor
r
i
c ->
LYNDA BURGESS, City Clerk