HomeMy WebLinkAbout07/06/1999 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
JULY 6, 1999
1. CITY COUNCIL CALL TO ORDER: Mayor Chang called the meeting to
order at 5:10 p.m. in the South Coast Air Quality Management District Room
CC -8, 21865 E. Copley Drive, Diamond Bar, California.
2. ROLL CALL: Council Members Ansari, Herrera,
Huff, Mayor Pro Tem O'Connor and Mayor Chang.
Also present were: Terrence L. Belanger, City
Manager; Doug Argue, Assistant City Attorney; James DeStefano, Deputy
City Manager; David Liu, Deputy Public Works Director; Bob Rose,
Community Services Director; Linda Magnuson, Finance Director; Mike
Nelson, Communications & Marketing Director; Lynda Burgess, City Clerk;
Anne Haraksin, Administrative Assistant; Jeff Koontz, Executive Director,
D.B. Chamber of Commerce; Annette Finnerty, Parks & Recreation
Commission, and Allen Wilson.
A. HOLIDAY BANNERS:
Following discussion, Council directed staff to bring back more information
for posting banners in areas adjacent to shopping centers.
B. BYLAWS FOR THE PROPOSED DIAMOND BAR FOUNDATION:
Following discussion, Council concurred to place this matter on the July 20,
1999 regular City Council meeting agenda.
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.
ATTEST:
Mayor
L DA BURGESS, City Clerk
NOTE: DUE TO --"TECHNICAL DIFFICULTIES WITH THE RECORDING
EQUIPMENT, MORE DETAILED DISCUSSION IS NOT AVAILABLE.
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JULY 6, 1999
STUDY SESSION: 5:10 p.m., SCAQMD Room CC -8
a) Holiday Banners
b) Bylaws for the Proposed Diamond Bar Foundation (non-profit)
Present: Council Members Ansari, Herrera, Huff, Mayor Pro Tem
O'Connor and Mayor Chang.
Also present were: Terrence L. Belanger, City Manager; Doug Argue, Assistant
City Attorney, James DeStefano, Deputy City Manager; David Liu, Deputy Public
Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance
Director; Mike Nelson, Communications & Marketing Director; Lynda Burgess, City
Clerk; Anne Haraksin, Administrative Assistant; Jeff Koontz, Executive Director.,
D.B. Chamber of Commerce; Annette Finnerty, Parks & Recreation Commission,
and Allen Wilson.
Study Session adjourned at 6:30 p.m.
1. CLOSED SESSION: None
2. CALL TO ORDER: Mayor Chang called the City Council meeting to
order at 6:45 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, Herrera, Huff,
Mayor ProTem O'Connor and Mayor Chang
Also present were: Terrence L. Belanger, City Manager; Craig
Steele, Assistant City Attorney; James DeStefano, Deputy City Manager;
David Liu, Deputy Public Works Director; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director; Mike Nelson, Communications
& Marketing Director, and Lynda Burgess, City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Jeff
Koontz, Executive Director, D.B. Chamber of Commerce.
INVOCATION: The Invocation was given by Bishop Kirk
Christ, Church of Jesus Christ of Latter Day Saints.
APPROVAL OF AGENDA: CM/Belanger requested that the City
Council declare an urgency to add an item to the agenda for adoption of a
Resolution establishing the Steven M. Tamaya Memorial Fund.
MPT/O'Connor moved, C/Huff seconded, to add the Resolution to the
Agenda as Item 9.1. Motion carried by the following Roll Call vote:
JULY 6, 1999 PAGE 2 CITY COUNCIL
AYES: COUNCIL MEMBERS — Ansari, Herrera, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Presented City Tile to Assistant City Attorney Amanda Susskind upon
her departure from the law firm of Richards, Watson & Gershon in
order to become a candidate for State Assembly.
3.2 Presentation made by Jack Hazelrigg, Los Angeles County Vector
Control District, regarding mosquitoes, Africanized Honey Bees and
fire ant infestations.
3.3 Proclaimed July, 1999 as Parks & Recreation Month.
4. PUBLIC COMMENTS: Clyde Hennessee objected to the proposed
contract with the Chamber of Commerce in the amount of $36,000 because
he felt that it was not in the general public's best interest to fund another
public agency.
Grace MacBride said she felt that no funding should be given to the
Chamber because it has not adopted a Resolution regarding Lanterman.
She suggested that the funds be given to D. B. I.A. instead.
Jeff Koontz spoke about the following upcoming Chamber activities:
Tuesday, July 13 - Mixer, D.B. Golf Course; Thursday, July 15 - 7:30 a.m.,
networking breakfast at the Chamber offices; Sales of Millenium Map begin
on July 12; Tuesday, July 27 - 7:00 to 9:00 p.m., Small Business Seminar
(Advertising and Marketing of Your Business); July 26, 11:30 a.m., ribbon
cutting ceremonies for St. Jude Heritage, 1514 South Valley Vista; July 28,
5:30 to 6:30 p.m., ribbon cutting ceremonies for Cafe IL Estrada across the
street from the Golf Course.
5. SCHEDULE OF FUTURE EVENTS:
5.1 CONCERTS IN THE PARK - MIKE HENEBRY ORCHESTRA (Big
Band) - July 7, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park,
22930 Golden Springs Rd.
5.2 TRAFFIC & TRANSPORTATION COMMISSION - July 8, 1999 -
SCAQMD Hearing Board Room, 21865 E. Copley Dr.
5.3 TOWN HALL MEETING (Solid Waste) - July 10, 1999 - 9:00 a.m. -
11:00 a.m., Diamond Point Elementary School, Golden Springs at
JULY 6, 1999 PAGE 3 CITY COUNCIL
Sunset Crossing Rd.
5.4 PLANNING COMMISSION - July 13, 1999 - 7:00 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
5.5 CONCERTS IN THE PARK - SHOUT (60's) - July 14, 1999 - 6:30 -
8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr.
5.6 CITY COUNCIL MEETING - July 20, 1999 - 6:30 p.m., SCAQMD
Auditorium, 21865 Copley Dr.
5.7 TOWN HALL MEETING (Solid Waste) - July 24, 1999 - 9:00 a.m. to
11:00 a.m., Heritage Park Community Center, 2900 S. Brea Canyon
Rd.
5.8 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - July 24, 1999 -
9:00 a.m. - 3:00 p.m., Gateway Corporate Center, 1300 Bridgegate
Dr.
5.9 SUMMER CLEANUP (Bulky Items) - July 24, 1999 - 6:30 a.m. - 4:00
p.m., Curbside pickup.
6. CONSENT CALENDAR: C/Ansari moved, C/Huff seconded to
approve the Consent Calendar with the exception of Items 6.1.2 and 6.8 A
and B. Motion carried by the following Roll vote:
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 June 1, 1999 - As submitted.
6.1.3 Town Hall Meeting of June 5, 1999 -As submitted.
6.1.4 Study Session of June 15, 1999 - As submitted.
6.1.5 Regular Meeting of June 15, 1999 - As submitted.
6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES:
6.2.1 Regular Meeting of May 11, 1999.
6.2.2 Regular Meeting of May 25, 1999.
6.3 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION
MINUTES - Regular Meeting of May 13, 1999.
JULY 6, 1999 PAGE 4 CITY COUNCIL
6.4 RECEIVED & FILED PARKS & RECREATION COMMISSION
MINUTES - Regular Meeting of May 27, 1999.
6.5 APPROVED VOUCHER REGISTER - dated July 6, 1999 in the
amount of $1,258,174.30. MPT/O'Connor abstained from voting on
the following items related to the Lanterman Forensic Expansion
Project: P.O. 8746 for $25.00; P.O. 8095 for $129.90; P.O. 8840 for
$10,116.01; P.O. 8672 for $50,000.00; P.O. 8761 for $4.97; and
Invoice #760459520 for $243.75.
6.6 REVIEWED AND APPROVED TREASURER'S STATEMENT - for
May, 1999.
6.7 ADOPTED RESOLUTION NO. 99-55: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 14
WITH THE DIAMOND BAR REDEVELOPMENT AGENCY - in the
amount of $15,500.
6.9 APPROVED AMENDMENT OF CONTRACT WITH DEWAN LUNDIN
& ASSOCIATES FOR CABLE UPGRADE INSPECTION - in an
amount not to exceed $5,000 for inspection services related to the
Phase II Cable System Upgrade. All fees will be paid by Century
Communications.
6.10 APPROVED BUDGET ADJUSTMENT FOR BUILDING AND SAFETY
SERVICES - increasing revenues for Building & Safety Services with
D&J Engineering by $32,000 and expenditures by $19,200.
6.11 ADOPTED RESOLUTION NO. 99-56: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AUTHORIZING AND . APPROVING THE EXCHANGE OF
PROPOSITION A (LOCAL RETURN TRANSIT FUNDS) TO THE
CITY OF SANTA CLARITA, CALIFORNIA, FOR GENERAL FUNDS
- in the amount of $300,000 to construct the Santa Clarita Jan Heidt
Newhall Metrolink Station, in exchange for $.71 on the dollar
($213,000).
6.12 ADOPTED RESOLUTION NO. 99-57: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING ITS
SUPPORT FOR THE CITY OF INDUSTRY SOLID WASTE
TRANSER STATION.
6.13 APPROVED CONTRACT WITH DIAMOND BAR CHAMBER OF
COMMERCE - in the amount of $36,000.
JULY 6, 1999 PAGE 5 CITY COUNCIL
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.1.2 APPROVAL OF MINUTES - Regular Meeting of June 1, 1999 - As
amended.
C/Huff suggested that the last sentence of 6.9 on Page 9 be changed
to: "In addition, 50 permits are to be issued for parking on Diamond
Canyon Road across from Brea Canyon Cutoff."
C/Huff moved, C/Herrera seconded, to approve the regular meeting
minutes of June 1, 1999 as amended by C/Huff. 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
6.8 CONTRACTS FOR BALLFIELD LIGHTING AT LORBEER MIDDLE
SCHOOL:
A. AWARDED CONTRACT FOR INSTALLATION OF BALLFIELD
LIGHTS AT LORBEER MIDDLE SCHOOL - to D&J Foothill
Electrical Contractors, Inc. in the amount of $163,437, plus a
contingency amount of $16,340 (10%) for a total authorization
of $179,777.
B. AWARDED CONTRACT FOR CONSTRUCTION INSPECTION
SERVICES FOR THE LORBEER MIDDLE SCHOOL
BALLFIELD LIGHTS INSTALLATION PROJECT - to D&J
Engineering in the amount of $3,225 plus a contingency
amount of $325 (10%), for a total authorization of $3,550, and
authorize the City Manager to execute the purchase order for
said amount.
In response to C/Ansari, CM/Belanger explained that the
length of time that it will take to install the lights is largely
dependent upon how quickly the light standards can be
manufactured.
CSD/Rose stated that the first four weeks of the project is the
primary time of disruption to the campus. During this time,
trenches are dug and wires, conduit and footings are placed
for the lighting fixtures. At the time of award of contract, the
contractor orders the poles and lighting fixtures. Until those
poles and lighting fixtures arrive (anywhere from six to eight
JULY 6, 1999 PAGE 6 CITY COUNCIL
weeks) and after the trenching work is completed, there is
nothing remaining except to wait until the products arrive for
installation. Upon arrival of -the products, the contractor has
30 days in which to place the poles and fixtures and have them
ready to operate by the end of October. Therefore, there will
be a two month period during which there will be practically no
activity at the site. A tentative pre -construction meeting date
has been set for July 15, 1999 with Pomona Unified School
District pending award of contract and contractor's schedule.
C/Ansari expressed her disappointment that this project has
taken so long and would like to have it speeded up.
C/Huff moved, MPT/O'Connor seconded, to approve contracts
for Balifield Lighting at Lorbeer Middle School. 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
7. PUBLIC HEARINGS: None
8. OLD BUSINESS:
8.1 APPOINTMENT OF MEMBER TO THE WILDLIFE CORRIDOR
CONSERVATION AUTHORITY ADVISORY COMMITTEE - To fill a
vacancy created by the resignation of Nick Camarotta.
MPT/O'Connor moved, C/Huff seconded, to appoint R. J. Willkomm
to the Wildlife Corridor Conversation Authority Advisory Committee.
Motion carried 5-0 by Roll Call vote.
8.2 UPDATE ON LANTERMAN DEVELOPMENTAL CENTER FORENSIC
FACILITY PROJECT.
MPT/O'Connor reported on receipt of a letter from the Fair Political
Practices Commission (FPPC). The FPPC concurred with the City
Attorney's earlier advice that MPT/O'Connor should continue to
recuse herself from decision-making relating to the Lanterman
Expansion Project.
MPT/O'Connor recused herself from Agenda Items 8.2, 8.3 and 8.4
and left the dais.
JULY 6, 1999 PAGE 7 CITY COUNCIL
CM/Belanger outlined the calendar of events with respect to the City's
lawsuit against the State of California.
C/Herrera said she spoke with Assemblyman Pacheco's wife, who
encouraged her to have interested individuals attend the July 14,
1999 AB 373 hearing in Sacramento. She stated that she and C/Huff
will not be able to attend the hearing and suggested that C/Ansari and
M/Chang attend in their stead and contact committee members urging
them to support the bill. She asked Council Members to contact cities
that have not responded to D.B.'s request for them to adopt a
resolution. She requested that staff forward copies of all letters and
resolutions to each committee member and to the Governor
reinforcing broad-based support for AB 373. She announced that she
had been accepted to participate on Clifford Allenby's Advisory
Committee. Mr. Allenby is the Director of the Department of
Developmental Services. She stated that the mission of the
committee is to provide recommendations to the Department of
Developmental Services on preferred options for restructuring the
developmental center's physical plants and services.
8.3 LANTERMAN TASK FORCE COMMITTEE - The Task Force was
established to advise Council on a plan of action regarding the
proposal by the State to expand Lanterman Developmental Center
and admit severe behavioral and forensic patients to the facility. The
Task Force has met on several occasions to develop and implement
a plan of action. At this time, the work of the Task Force is complete.
It is proposed that the Lanterman Developmental Center Expansion
Project Task Force be dissolved. In addition, it is proposed that
Council create a new Advisory - Committee to review and make
recommendations on legislation pertaining to the Lanterman
Developmental Center and developmental centers, in general, and
review and make recommendations on the actions of the State
Department of Development Services related to Lanterman
Developmental Center and developmental centers in general. The
Advisory Committee would be Chaired by Council Member Herrera
with Council Member Huff serving as Vice Chair and twelve additional
members to be appointed by the Committee's Chair and Vice -Chair.
Dr. Lawrence Rhodes agreed with dissolution of the Task Force. He
asked that the Task Force be requested to prepare a final report to
the Council prior to its dissolution.
Gary Galbraith, D.B. resident and UCLA Psychiatry Professor,
described the difference between mentally retarded and mentally ill.
He stated that the forensic patients who are proposed to be housed
in the expansion unit are mentally retarded and not mentally ill.
JULY 6, 1999 PAGE 8 CITY COUNCIL
Martha Bruske agreed that the Task Force should be disbanded. She
felt that Council needs to take a closer look at the City's business
rather than trying to tell the State how to deal with forensic clients.
She disagreed with establishment of an Advisory Committee.
Jennifer Hoey pointed out that Ruth Maples described the potential
forensic patients as "murders, rapists, arsonists, etc." She said that
approval of the Lanterman weed abatement contract made no sense.
She stated that if a group of residents' perspective is so wrong, then
Lanterman should offer information to enlighten the people of D.B.
Dick Farrell felt that people should stop trying to confuse the issue by
defending what Lanterman has been doing in the past with what they
intend to do with the expansion and suggesting that those who are
opposed to the expansion facility do not care about the current patient
population, which is not true. This group is only opposed to bringing
in a new element - the forensic patients.
Sue Sisk thanked M/Chang and his wife for supporting the car rally.
She pointed out that 14 escapes have taken place at the Porterville
facility in the last two years since they began accepting forensic
patients. The same person who failed to install an upgraded security
system is the same person who will be in charge of the Lanterman
upgrade. She objected to the contract with Lanterman for weed
abatement that was approved by Council at its June 15 meeting.
Clyde Hennessee spoke about the Lanterman Expansion Project.
Darla Farrell said that Porterville residents are also concerned for
their safety. In addition, some of the Porterville facility's employees
are afraid of some of the forensic patients. She agreed with
disbanding the task force. She was perplexed about why the City
would grant a contract to Lanterman for weed abatement. She would
rather that the City subsidize a youth group for this type of work.
C/Ansari stated that these types of facilities need to be forthcoming.
Lanterman has been a good neighbor over the past 71 years and
Lanterman has answered the call for projects and has been a good
contractor. The possible placement of forensic patients in an urban
area close to a Little League field and residential dwellings is a
different issue.
Darla Farrell agreed that Lanterman had been a good neighbor over
the past 71 years. The community is concerned that it has been
deceived by Lanterman about the expansion project.
JULY 6, 1999 PAGE 9 - CITY COUNCIL
Kim Chapman works with special needs kids. The members of the
task force are educated about mental retardation and mental illness.
The residents are saying that the forensic program has nothing to do
with what has been going on at Lanterman for more than 70 years.
The fact is, the residents were denied rights to respond to this
change. When the rights of the developmentally disabled supersede
the rights of community members, the community members will fight.
The majority of D.B. residents are against this project. The majority
of people who speak in favor of this project are employees, former
employees, or are in some way connected to Lanterman.
Following discussion, C/Herrera moved, C/Huff seconded, to request
that Sue Sisk, Chairman of the Lanterman Expansion Project Task
Force, prepare a final report to the Council and that 1) the Lanterman
Developmental Center Expansion Project Task Force be dissolved,
and 2) that an Advisory Committee be created and Chaired by
Council Member Herrera and that Council Member Huff serve as the
Vice Chair with thirteen additional members being appointed by the
Chair and Vice Chair. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, M/Chang
NOES: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - MPT/O'Connor
ABSENT: COUNCIL MEMBERS - None
C/Herrera announced that the meeting scheduled for July 12 is
cancelled. It is likely that the next meeting will be scheduled for July
19 and committee members will be notified by phone and/or mail.
8.4 AMENDMENT TO CONTRACT WITH SHEPPARD, MULLIN,
RICHTER AND HAMPTON, LLP - On April 20, 1999, the City
approved a contract with the law firm of Sheppard, Mullin, Richter and
Hampton, LLP (SMRH). SMRH has been retained to prepare and
proceed with litigation against the State of California related to the
environmental documentation process for the proposed Lanterman
Developmental Center Forensic Expansion Project. The contract
amount at that time was not to exceed $50,000 for the initial
preparation of the litigation. It is necessary to increase this amount
to a not to exceed amount of $100,000 to cover costs for the ongoing
legal process.
C/Ansari moved, C/Herrera seconded, to approve an amendment to
the contract for legal services related to the Lanterman
Developmental Center Forensic Expansion Project with the firm of
Sheppard, Mullin, Richter and Hampton, LLP, in the amount of
$50,000. Motion carried by the following Roll Call vote:
JULY 6, 1999 PAGE 10 CITY COUNCIL
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, M/Chang
NOES: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - MPT/O'Connor
ABSENT: COUNCIL MEMBERS - None
MPT/O'Connor returned to the dais.
8.5 RESOLUTION NO. 96-531: RESOLUTION OF THE CITY OF
DIAMOND BAR SETTING FORTH PERSONEL RULES AND
REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK
LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER
REGULATIONS - On June 15,1999, Council approved the 1999-2000
budget, including a 2% cost -of -living increase for all employees
(except the City Manager). In addition, the Resolution and attached
salary schedule reflect the new position of Public Works Supervisor
and reclassification of Administrative Assistant to Senior
Administrative Assistant. The position of Deputy City Clerk is
proposed to be reclassified to Assistant City Clerk. These
reclassifications do not include salary adjustments.
C/Ansari moved, C/Herrera seconded, to adopt Resolution No. 96-531
setting forth personnel rules and regulations regarding the payment
of salaries, sick leave, vacations, leaves of absences and other
regulations. 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 SECOND READING OF ORDINANCE NO. 08(1999): AN
ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING BY
REFERENCE TITLE 32, FIRE CODE, OF THE LOS ANGELES
COUNTY CODE; MAKING AMENDMENTS TO SAID CODE; AND
AMENDING TITLE 16 OF THE DIAMOND BAR MUNICIPAL CODE
- On June 15, 1999, Council approved first reading, by title only, of an
Ordinance adopting the County Fire Code. The L.A. County Fire
Department is currently providing fire protection services for D.B. as
a member of the Consolidated Fire Protection District. The Uniform
Fire Code is revised and updated by the State every three years and
adopts the most current Fire Codes printed by the International Fire
Code Institute, the International Conference of Building Officials and
Western Fire Chief Association. The 1998 California Fire Code has
been completely revised from previous years and revisions are
consistent with revisions of the Building Codes. Local jurisdictions
are required to adopt said codes by ordinance within six months of
JULY 6, 1999 PAGE 11 CITY COUNCIL
state approval or they will automatically be adopted by operation of
law. The State allows local municipalities to amend the California
Fire Code to meet the unique climatic, geographical and
topographical conditions of a city.
C/Ansari moved, C/Herrera seconded, to approve second reading by
title only, waive full reading and adopt Ordinance No. 08(1999)
adopting Title 32, Fire Code and Amending Title 16 of the D.B.
Municipal Code. 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 RESOLUTION NO. 99-58: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ESTABLISHING A STEVEN M.
TAMAYA MEMORIAL FUND for the enhancement of parks within the
City of Diamond Bar.
MPT/O'Connor moved, C/Ansari seconded, to adopt Resolution No.
99-58. 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
9.2 ORDINANCE NO. 09(1999): AN ORDINANCE AMENDING
DIAMOND BAR -PREFERENTIAL PARKING DISTRICT NO. 2,
RESTRICTING PARKING THEREIN AND AMENDING THE
DIAMOND BAR MUNICIPAL CODE ACCORDINGLY - Council
reviewed the parking situation on Fallow Field Drive and Pasco Court
on June 1, 1999 and directed staff to amend Preferential Parking
District No. 2 by instituting "No Parking, 8:00 a.m. - 5:00 p.m.,
Monday - Friday, Except by Permit" from 3200 Fallow Field Drive to
Malad Court, including all of Pasco Court, for residential parking. In
addition, Council directed staff to develop limited, less than 7 parking
spaces, employee parking for First Mortgage Corporation (FMC) on
the east side of Fallow Field Drive. It is recommended that only
commercial parking permits be issued. Along the west side of Fallow
Field Drive from Brea Canyon Cutoff Road to Pasco Court, there will
be "No Parking Anytime." Implementation of uniformity of these signs
will accommodate both the residents and business needs and will
JULY 6, 1999 PAGE 12 CITY COUNCIL
assist in enforcement of the parking regulations.
MPT/O'Connor reiterated her belief that the City should not be issuing
permits to allow businesses to park on City streets and stated that
she was opposed to that element of this Ordinance.
C/Ansari reported that a resident called her and expressed the fact
that they were extremely irate about the City allowing commercial
parking on residential streets.
Following discussion, C/Huff moved, C/Ansari seconded, to introduce
first reading by title only and waive full reading of Ordinance No.
0X(1999) amending D.B. Preferential Parking District No. 2 as
amended to include 5 parking spaces on both the westerly and
easterly sides of the street, allow residents to park in the remaining
areas and establish "No parking, except by Permit." Motion carried by
the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff,
M/Chang
NOES: COUNCIL MEMBERS - MPT/O'Connor
ABSENT: COUNCIL MEMBERS - None
9.3 RESOLUTION NO. 99-59: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING ITS
OPPOSITION TO THE SITING AND CONSTRUCTION OF ANY
REFUSE MANAGEMENT FACILITY IN THE VICINITY OF THE
SPADRA LANDFILL - The Spadra Landfill is expected to close next
year in Spring 2000, and the City of Pomona is trying to secure a few
acres at the Spadra Landfill in order to build a trash -transfer station.
In fact, recently, the Pomona City Council removed the 1,000 ton -per -
day trash limit for a future trash -transfer station. With the acreage and
the lack of a ton -per -day trash limit, Pomona has the potential to build
a large, regional facility. This Resolution would state the City's
opposition to the siting and construction of any refuse management
facility at Spadra Landfill.
CM/Belanger stated that staff would send copies of the Resolution to
the Sanitation District, Cal Poly Pomona, Mt SAC, Cities of Walnut
and Pomona, Lanterman, etc.
MPT/O'Connor suggested sending copies to surrounding cities as
well.
C/Huff moved, MPT/O'Connor seconded, to adopt Resolution No. 99-
59 declaring opposition to the siting and construction of any refuse
JULY 6, 1999 PAGE 13 CITY COUNCIL
management facility in the vicinity of Spadra Landfill. 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
9.4 DISCUSSION OF REQUESTING FCC CHANGES IN POLICY
REGARDING AREA CODES - The State is experiencing a
proliferation of new area codes. In 1997, there were only 14 area
codes for the entire State and by the end of 1999 there will be 26.
With the institution of new codes, the California Public Utilities
Commission (CPUC) has instituted both geographic splits and
overlays. The geographic split allows one portion of the affected area
to keep the existing area code, and a new area code is instituted in
a specific geographic location. Overlays add a new area code within
the same territory as an existing area code and other codes function
simultaneously. With the two area codes, all calls need to use 11 -
digit dialing. In California, there are approximately 180 million phone
numbers allocated to telecommunications companies. The CPUC
reports that only 37 million of these numbers are in use. The CPUC
has petitioned the FCC for relief through Block Number Assignments
and Technology Specific area code overlays. The L.A. County Board
of Supervisors has supported the CPUC's petitions.
C/Huff moved, C/Ansari seconded, to send a letter in support of an
FCC waiver regarding block number assignments and technology
specific area code overlays. 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
9.5 CODE ENFORCEMENT SUBCOMMITTEE APPOINTMENTS -
Currently, the Code Enforcement Officer works closely with Public
Works and Building & Safety staff to deal with code enforcement
related problems. At the June 15, 1999 Study Session, it was
suggested that a Council subcommittee be appointed to review Code
Enforcement issues. The purpose of the subcommittee is to review
Code Enforcement and make recommendations to the City Council.
MPT/O'Connor offered to serve on the committee.
JULY 6, 1999 PAGE 14 CITY COUNCIL
CIHuff moved, C/Herrera seconded, to appoint the Mayor and Mayor
Pro Tem to the subcommittee as this is such an important topic.
Martha Bruske commended Council on formation of the subcommittee
and stated that she would be glad to provide input on this matter.
Clyde Hennessee suggested that the City identify the Code
Enforcement Officer and the vehicle that he drives.
Jeff Koontz stated that there will be an educational campaign taking
place within the next month advising residents about code
enforcement issues.
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
9.4 SUPPORT OF HR1315 (Dreier) PUBLIC SERVICES CAP - The
Community Development Block Grant (CDBG) program was
established through the Housing and Community Development Act of
1974. The primary program of each grantee under the Title is
development of viable urban communities by providing decent
housing and a suitable living enforcement and expanding economic
opportunities, principally for persons of low and moderate income.
The use of CDBG funds must meet the primary national objectives:
(1) benefit low and moderate income persons; (2) address slum or
blight; or (3) meet a particular urgent community development need.
The funds may be used for a variety of Community Development
activities, which develop a viable urban community, principally for
persons of low and moderate -income levels. Of the City's total yearly
allocation, a portion (15%) may be allocated toward community
service projects. Due to the L.A. riots, there was a five-year
exception to the 15% public service cap, increasing it to a 25% public
service cap. The 25% public service cap exception reached the
sunset clause in FY 97-98. Local cities and the County have been
lobbying to create permanent retention of the 25% public service cap.
In addition, the League of California Cities is recommending
additional flexibility in the use of all CDBG Funds. HR 1315
eliminated the fiscal year limitation on the percentage of CDBG funds
received by the City and County (and all cities in L.A. County) that
may be used to provide public services. The bill would allow for local
control for the most efficient use of CDBG Funds.
JULY 6, 1999 PAGE 15 CITY COUNCIL
Dr. Lawrence Rhodes asked Council to support HR 1315.
C/Ansari moved, C/Herrera seconded, to support HR 1315 (Dreier)
and send letters in support to the Representative on the Committee
on Banking and Financial Services. 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
9.6 SUPPORT OF SB 676 REGARDING RECYCLED PAPER
PRODUCTS: STATE PURCHASING - The State Assistance for
Recycling Markets Act of 1989 requires the Department of General
Services to set a goal for purchase of recycled paper products by
state agencies of at least 50% of paper products purchased. All state
agencies are required to submit to the Department and the California
Integrated Waste Management Board a plan to meet this goal. These
provisions would be repealed, under existing law, on January 1, 2001.
SB 676 is an act to amend Section 12162 of the Public Contract
Code relating to recycling. The bill would provide that purchasing
50% recycled paper products is a requirement rather than a goal and
would delete the requirement that state agencies submit plans related
to the recycled paper product purchasing. The bill would also delete
the repeal provision. Without sustained demand for recycled
products, jurisdictional efforts to achieve AB 939's 50% waste
reduction mandate will fail, resulting in penalties up to $10,000 per
day. In this event, separated materials will ultimately find their way to
landfills which is contrary to the goal of AB 939.
C/Ansari moved, C/Herrera seconded, to support SB 676 regarding
State purchasing of recycled paper products. 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
City Council Meeting to the Redevelopment Agency at 10:15 p.m.
RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City
Council meeting at 10:19 p.m.
JULY 6, 1999 PAGE 16 CITY COUNCIL
10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS:
C/Huff stated that residents have expressed to him that they are
concerned about the number of study sessions being conducted by
the Council and that they are not held in the public arena. He
encouraged Council to conduct fewer study sessions and more of its
business during the regular meeting time. Residents have expressed
concerns about the cable increase and the applicable City tax. He
stated that there is no tax. There is a franchise fee that has been in
effect since the 1970's, which was implemented by the County. A
year ago, this item was split out on the statement, which has caused
this concern. He explained Council's discussion and ultimate
decision with respect to the Lanterman Weed Abatement Contract,
which has no bearing on current discussions regarding the potential
expansion project. Regarding comments that Council Members need
to spend more time at home, D.B. is not an island unto itself and
matters of concern to residents are shared by many communities and
regions. He spoke about how regional matters affect the. City and its
residents.
C/Ansari thanked C/Huff for clarifying the issue of why Council
Members work on a regional basis on behalf of the City. She spoke
about her four and one-half years of work on the SCAG Solid Waste
Committee and her attendance as a member of the League of Cities
Energy and Environment committee. She recently testified before the
L.A. Regional County Water Board on the storm water permit. She
has received several telephone calls from concerned citizens
regarding the way the trash is picked up and that pickup days have
been changed. Council Members are very involved with many efforts
that affect the City.
C/Herrera reiterated C/Huff's and C/Ansari's comments in response
to comments made by one of the residents that the Council Members
need to stay at home and tend to business. While issues occurring
at home are very important, D.B. is affected by decisions made in
Sacramento and the City needs to do what it can in order to influence
those decisions for the betterment of the community. She stated that,
as a Council Member, she knows about public safety and citizen
rights, which is the capacity in which she will be serving on the
advisory committee. She was pleased to have an opportunity to make
a positive impact in this area. She believed that the overall long-term
solution to the Lanterman issue is to have an affect on policy made
in Sacramento by the State, which cannot be done by remaining at
home.
MPT/O'Connor stated that the Concerts in the Park series has been
JULY 6, 1999 PAGE 17 CITY COUNCIL
well attended. She encouraged everyone to participate. On June 19, she
attended the D.B. Chinese Association's Installation Dinner. She thanked
Past President Andrew Hsu for his excellent work and congratulated
incoming President George Kuo, who serves as a Planning Commissioner
for the City. On June 21, she and C/Ansari attended the Grand Opening of
the Asian Crime Task Force Headquarters in the City of Industry and also on
that same date, held a Minnequa Landslide Subcommittee meeting. On
June 22, she attended the Chamber Mixer for new members. The Chamber
is very actively recruiting local businesses. She encouraged people to
attend the Chamber's July 27 Small Business Seminar. On June 23, she
attended the Walnut Valley Rotary Dinner for sports celebrities. On
Thursday, she played golf with Olympic Decathlon participant Dave Johnson.
On Saturday and Sunday, she attended the D.B. Amateur Radio Society
Field Day at Summitridge Park. On June 29, she met with Walnut School
Board Member Dr. Lee and Superintendent Dr. Hockwalt concerning their
intention for their vacant properties. She thanked the Community/Civic
Center Task Force members for their fine presentation to Council on June
29. On July 1, the Finance Committee met to review the warrant register.
She asked that the matter of trash pick up days and schedule be agendized.
She thanked the other Council Members for their dedication to evening and
out of town meetings. She will attempt to continue to do as much as possible
at the local level. She agreed that the Council cannot be effective if it pays
attention only to local issues. Regional issues affect the City and the
Council must deal with those issues in order to do the best possible job for
the community.
M/Chang invited residents to participate in the Concerts in the Park series
and especially invited the Lanterman residents to participate. He
commended the Chinese Association members for their many contributions
to the City. He commended Lee Baca, L.A. County Sheriff for his
contribution to the Asian community by establishing the Asian Task Force.
He spoke about visiting former President Reagan's Ranch in Santa Barbara
during his recent vacation. He also met with Walnut Valley School Board
members and the Superintendent regarding the use of vacant lands. He
thanked the Manager of Von's Super Market for visiting D.B. He stated that
the City must participate in regional and state matters in order to improve the
community.
11. ADJOURNMENT: There being no further business to conduct, M/Chang
adjourned the meeting at 10:55 p.m.
in memory of Steve Tamaya.
AL NDA BURGESS, City Clerk
ATTEST:
Mayor
l�