HomeMy WebLinkAbout07/20/1999 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION J U LY 20, 1999 CALL TO ORDER: Mayor Chang called the meeting to order at 5:30 p.m. in 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; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Kellee Fritzal, Assistant to the City Manager; Anne Haraksin, Administrative Assistant; Lynda Burgess, City Clerk, and Sgt. Mike Flannery. 3. STREET TREE PROGRAM DISCUSSION: CSD/Rose stated that the estimated cost to plant a 24 -inch box tree is $175. There is approximately $350,000 budgeted in District 38 for medians on Golden Springs which has, apparently, been approved for Proposition C funding. Staff is recommending that the priority for planting be D.B. Blvd., then Grand Ave. east of D.B. Blvd. and then Grand Ave. west of D.B. Blvd. Ken Gerby, West Coast Arborists, responded to CM/Belanger that depending upon availability, it would take approximately six months to complete the planting of the 543 new trees. In response to C/Ansari regarding a slow-growing, grout -tolerant, flowering tree, CSD/Rose stated that it would be a crape myrtle or primarily what's in the book that's being recommended. Some of what's in the book are median trees. Mr. Gerby indicated that there is a huge list of the types of trees that would be recommended on the street, crape myrtle, red bud... CSD/Rose indicated that there are 21 different recommended trees. Depending on the location, some of the recommended trees are more suitable for a median than a 3 -foot cut-out. The list of 21 trees are all flowering trees that are appropriate for planting in D.B. Staffs first goal was to look for something similar to replace the ones that we have. CM/Belanger explained that there are two programs: 1) to replace the street trees (parkway trees) versus the medians. We're not really talking about changing trees in the medians; what we're suggesting in the medians is to expand the number of species to incorporate color. So, on the major boulevards, the color is going to take place in the medians, primarily but not JULY 20, 1999 PAGE 2 COUNCIL STUDY SESSION exclusively. CSD/Rose stated that jacaranda trees are primarily on Pathfinder west of Brea Canyon Rd. and on Brea Canyon Cut-off. This tree gets so large that they are pushing up the sidewalk. We are looking at a Chinese Fringe Tree (yellow flowers) because the shape and canopy are similar to the jacaranda. The biggest issue staff is dealing with is the 485 Canary Island Pine Trees, primarily on Brea Canyon Rd., D.B. Blvd., Golden Springs Dr., Pathfinder and Sunset Crossing. We can't find a tree similar to recommend replacement through an attrition process. One consideration was the Sweet Shade, which looks nothing like a Canary Island Pine but is a flowering tree with yellow blooms. The idea is to replace the Canary Island Pines on a section -by -section basis and staff would bring to Council a recommended species to replace them at each location. MPT/O'Connor felt that residents would rather see the trees in front of their homes replaced than the ones on the main arterials. CSD/Rose stated that staff has received calls from residents— especially on Palomino and on Cold Spring. Some of these are Chinese Stone Pines, which get bigger than Canary Island Pines. Staff can come back at a future Council meeting to include some phasing of residential and street tree replacement at the same time. In response to C/Ansari, CSD/Rose indicated that staff is not recommending any trees that seem to drop a lot of foliage on the ground. There isn't, however, a perfect tree that does not drop some foliage on the ground. C/Huff asked what the County is doing in their areas? What are the alternatives here other than just changing them out? We can re -do sidewalks eventually, put in larger wells, how does that cost is comparison. He felt that we would be trading off certain ambiance of tall trees for the new trees that aren't going to rip up the sidewalk -- there are some people in town that prefer the tall trees—they don't care about ripping up the sidewalks. CSD/Rose responded that staff is recommending to not remove the ficus trees over at Pathfinder and Brea Canyon Rd., but to repair the sidewalks and landscaping. C/Huff asked if it would be possible to change out the sidewalks with a large enough well so that people can still walk by and, at the same time, salvage the trees? JULY 20, 1999 PAGE 3 COUNCIL STUDY SESSION Mr. Gerby replied that that would be possible depending upon what your specifications are for wheelchair access. C/Huff requested that a report be given on that alternative giving financial comparisons. For a young City, mature trees speak of maturity. MPT/O'Connor stated that she didn't want the big trees taken out unless we absolutely have to. CSD/Rose pointed out that Canary Island Pines are recommended for placement in an 8-10 foot parkway. The medians are fine but the parkway areas are not that large. Regarding median tree planting, staff and West Coast Arborists have found space on the medians existing on D.B. Blvd. and Grand Ave. for approx. 543 trees. The idea is to bring in trees that are of a flowering type and are drought -tolerant. A list of 21 trees has been developed, which are shown in the book. C/Huff asked what the pollen level would be on these flowering trees? Mr. Gerby indicated that none of the trees that he was familiar with had high pollen levels. C/Huff indicated that some cities ban certain varieties of trees because they cause a lot of allergy problems, like a Fruitless Mulberry Tree. Mr. Gerby replied that, to the best of his knowledge, he hadn't heard anything specific to any of these as far as aggravating allergies. C/Huff requested that the pollen counts be determined. Regarding the median tree planting, CSD/Rose reported that staff has listed the locations of the current openings, which totals 543. Estimated cost is $175 to plant a 24" box tree, so that's approximately $95,000. Trees on Golden Springs can remain Liquid Ambers for the time being. Regarding the financing, it can be phased or all at one time. There was originally $350,000 budgeted in District 38 for medians on Golden Springs which has now been approved for Prop C funding so some money can be used out of this that could be used to do the median planting since all the medians are included in District 38. If phasing is done, staff is recommending that priority be D.B. Blvd., then Grand Ave. east of D.B. Blvd. and then Grand Ave. west of D.B. Blvd. In response to C/Herrera, CSD/Rose explained that the entire amount of $350,000 will be budgeted through Prop C instead of District 38 so that the entire $350,00 is available for other projects. JULY 20, 1999 PAGE 4 COUNCIL STUDY SESSION MPT/O'Connor stated that she preferred planting the 543 trees using the District 38 funds. In response to C/Herrera, MPT/O'Connor stated that existing trees would not be removed in the medians, but that 543 new trees would be added. In response to C/Ansari CSD/Rose indicated that if the City is interested in adding bubblers to the medians, the entire system would have to be changed. It is recommended that a trial sample be installed just to get a sense of how it would work. In response to C/Huff, CSD/Rose stated that reclaimed water is only used on the medians on Golden Springs. C/Huff asked whether staff has considered using xeriscaping in the medians and trying to cut back on water consumption? CSD/Rose stated that that, again, would require re -doing each and every median, C/Huff asked if staff is talking about adding trees as tall as those currently in existence on Grand Ave. or are you talking about adding small ones? Mr. Gerby stated that the plan is to underplant below the Eucalyptus, leave the Eucalyptus and actually planting some flowering trees to provide color at the eye level. In reply to M/Chang, CSD/Rose indicated that staff intends to bring this matter to Council at its August 3, 1999 meeting. Staff will make the recommendation for completing the entire planting and transferring the money from the Golden Springs median project to this project, along with other alternatives. Other recommendations would be made in accordance with this report and request a certain amount of money to phase in replacement over a number of years. Staff will investigate the feasibility of enlarging tree wells and provide information accordingly. C/Ansari said she would like to have costs for replacement of some of the dead ground cover on D.B. Blvd. MPT/O'Connor requested a count of the number of Canary Island Pines that are currently located in residential areas. 4. MILLENIUM "FIRST NIGHT OUT" CELEBRATION PROPOSAL: JULY 20, 1999 PAGE 5 COUNCIL STUDY SESSION CSD/Rose presented staffs report including proposed budget figures. The event is proposed to take place at the intersection of D.B. Blvd. and Grand Ave. with all four lanes of the intersection closed to through traffic. Vendors have indicated they can provide tables, chairs, canopies, stages, etc. on the day of the event. They will set everything up using their labor and return that, evening following the event to take everything down in order to have the intersection open and operating by the. next morning. He indicated that the City of Fullerton has done a "First Night Out" program for a few years that runs from 7:00 p.m. to 12:00 midnight, includes fireworks, etc. Last year, they paid about $82,000 to have their event. "First Night Out" is a patented name. The details of the D.B. event will need to be worked out. The first step is to make a commitment to hold the event and plan accordingly. CA/Jenkins stated that the best option for the City is to enter into a bondable contract with vendors because it is not possible to guarantee that they will follow through should they receive a better offer. However, if the City places onerous conditions on the vendors, they will have no reason to sign a contract here if they have other options. The City is at the mercy of the vendors. CSD/Rose pointed out the pros and cons of such an event. He stated that a possible funding source for the event is the sale of approximately $1.4 million in reserve Proposition A Funds. Santa Clarita is seeking an additional $400,000 in Proposition A Funds. C/Herrera believed most cities are planning an extraordinary event for that night. MPT/O'Connor liked the idea of obtaining funding through the sale of reserve Proposition A Funds. CM/Belanger recommended that Council consider the proposal at its August 3, 1999 meeting. CSD/Rose responded to C/Huff that the entire event could be paid for with Proposition A Funds. Martha Bruske said she is not interested in a party. She would rather that the money be used to rehabilitate the City. 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. LYNDA BURGESS, City Clerk JULY 20, 1999 PAGE 6 COUNCIL STUDY SESSION ATTEST: Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JULY 20, 1999 1. CLOSED SESSION 5:00 p.m. 1) Conference with Legal Counsel — Existing Litigation (California Government Code Section 54956.9(a) — Barbara Beach-Courschene, et al vs. Diamond Bar Redevelopment Agency, Case No. BC 175655 2) Conference with Legal Counsel — Filing of Amicus Curiae regarding Friends of Mammoth Lakes, et al vs. Town of Mammoth Lakes, et al. STUDY SESSION: 5:30 p.m., SCAQMD Room CC -8 1) Code Enforcement Report - Continued to August 3, 1999 2) Street Tree Policy 3) Millennium Celebration Present: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor and Mayor Chang. Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney, James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director and Lynda Burgess, City Clerk. Study Session adjourned at 6:30 p.m. 2. CALL TO ORDER: Mayor Chang called the regular City Council meeting to order at 6:47 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Council Members Herrera, Huff, Mayor ProTem O'Connor and Mayor Chang. Council Member Ansari arrived at 7:10 p.m. Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; Bob Rose, Community Services Director; Linda Magnuson, Finance Director, and Lynda Burgess, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Dexter MacBride. INVOCATION: The Invocation was given by Rex Wolins, Associate Pastor, Diamond Canyon Christian Church. JULY 20, 1999 3. PAGE 2 CITY COUNCIL MEETING APPROVAL OF AGENDA: As presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presentation by Yolanda Ruiz requesting City Council adoption of a Resolution recommending denial of parole to convicted murderer, Danny Saul Rosales. M/Chang recognized Councilwoman Sally Fallon from the City of La Puente. 3.2 Presented City Tile to Assemblyman Robert Pacheco. 3.3 Presented Certificates of Recognition to the original 25 Lanterman Task Force Members. MPT/O'Connor recused herself from this presentation. BUSINESS OF THE MONTH: 3.4 Presented City Tile to Matt Tachdjian, owner of Diamond Bar Honda, on the occasion of the company's 5th Anniversary. 4. PUBLIC COMMENTS: Clyde Hennessee spoke about utility bills. He suggested that the City contact the PUC to complain about their new billing practices. He stated that a lot of trees were removed by residents because of ongoing maintenance problems. He pointed out that there is a connection between the City's concern for getting rid of green waste and consideration of planting more trees. Sue Sisk stated that there will be a Lanterman Expansion Project Advisory Committee meeting on July 22, 1999 at 7:00 p.m. in Room CC -3 and 5 at the AQMD. She spoke about her concern regarding the Council's June 15 approval of a $16,000 contract with Lanterman Development Center for litter and weed abatement and that the approval casts a cloud over the Council Members. Martha Bruske asked for a list of the Advisory Committee members, what their, activities will be and an indication of the level of the City's financial support to the organization. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK - "ALTURAS" (Latin Jazz) - July 21, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Rd. 5.2 PARKS & RECREATION COMMISSION - July 22, 1999 — 7:00 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr. JULY 20, 1999 PAGE 3 CITY COUNCIL MEETING 5.3 LANTERMAN ADVISORY COMMITTEE MEETING - July 22, 1999 — 7:00 p.m., AQMD Building, Room CC -3&5. 5.4 TOWN HALL MEETING (Solid Waste) - July 24, 1999 - 9:00 a.m. - 11:00 a.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.5 HOUSEHOLD WASTE ROUNDUP - July 24, 1999 - 9:00 a.m. - 3:00 p.m., Gateway Corporate Center, 1300 Bridgegate Dr. 5.6 SUMMER CLEANUP (Bulky Items) - July 24, 1999 - 6:30 a.m. - 4:00 p.m., Curbside Pickup. 5.7 PLANNING COMMISSION - July 27, 1999 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.8 CONCERTS IN THE PARK - "ORANGE COLORED SKY" (Top Rock) - July 28, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.9 TOWN HALL MEETING - August 3, 1999 - 4:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.10 CITY COUNCIL MEETING -August 3, 1999 -6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.11 D.B. NIGHT AT THE QUAKES - August 25, 1999 - 7:00 p.m., $10/person. 6. CONSENT CALENDAR: C/Herrera moved, C/Ansari seconded, to approve the Consent Calendar as presented with MPT/O'Connor recusing herself from voting on the certain items contained within the Warrant Register (See Consent Calendar Item No. 6.4). 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 July 6, 1999 - As submitted. 6.1.2 Regular Meeting of July 6, 1999 - As amended. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular Meeting of June 8, 1999. JULY 20, 1999 PAGE 4 CITY COUNCIL MEETING 6.3 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of June 10, 1999. 6.4 APPROVED VOUCHER REGISTER - dated July 20, 1999 in the amount of $306,159.13. MPT/O'Connor abstained from voting on the following items which related to the Lanterman Forensic Expansion Project: Invoice #101049 in the amount of $130; Invoice #101051 in the amount of $4,761.02 and Wells Fargo Bank Credit Card Charges in the amount of $1,111.22. 6.5 APPROVED BOND RELEASES/REDUCTIONS: 6.5.1 EXONERATION OF CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR LOTS 13, 14, 15, 16 TRACT 30093, (2112/2122/2132/2142 INDIAN CREEK ROAD) IN DIAMOND BAR - in the amount of $35,100 posted with the City on April 17, 1995 and directed the City Clerk to notify the Principal and Surety of this action. 6.5.2 REDUCTION OF GRADING PERMIT BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FROM $170,000 TO $54,400 FOR TRACT 45268 - from $170,000 to $54,400 for Tract No. 45268 and directed the City Clerk to notify the Owner and Surety of this action. 6.5.3 REDUCTION OF GRADING PERMIT BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FROM $1,260,000 TO $415,800 AND EXONERATION OF FAITHFUL PERFORMANCE BOND IN THE AMOUNT OF $33,000 FOR CORRECTIVE GEOLOGIC IMPROVEMENTS FOR TRACT 43760 IN DIAMOND BAR - from $1,260,000 to $415,800 for Tract No. 43760 posted with the County on August 29, 1985 and exonerate Faithful Performance Bond for Corrective Geologic Improvements in the amount of $33,000 for Tract No. 43760 posted with the County May 7, 1986 and direct the City Clerk to notify the Owner and Surety of this action. 6.5.4 EXONERATION OF GRADING PERMIT BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) IN THE AMOUNT OF $35,427 AND REDUCTION OF FAITHFUL PERFORMANCE BOND FOR INSTALLATION OF THE PARK SEWER LINE AND CONNECTION IMPROVEMENTS/PARKWAY ENTRY SIGN FROM $20,000 TO $15,000 FOR TRACT 44824 IN DIAMOND BAR - in the amount of $35,427 and reduction of Faithful Performance Bond for installation of park sewer line and connection improvements/parkway entry sign from $20,000 to $15,000 for Tract No. 44824 and direct the City Clerk to notify the Owner and Surety of this action. JULY 20, 1999 PAGE 5 CITY COUNCIL MEETING 6.6 ADOPTED RESOLUTION NO. 99-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF MULTI -WAY STOP SIGNS AT THE INTERSECTION OF LONGVIEW DRIVE AND THUNDER TRAIL. 6.7 A) APPROVED PURCHASE ORDER TO PROCURE TRAFFIC SIGNAL POLES FOR THE INTERSECTIONS OF BREA CANYON ROAD/SILVER BULLET DRIVE, LEMON AVENUE/LYCOMING STREET, GOLDEN SPRINGS DRIVE/RAPIDVIEW DRIVE AND DIAMOND BAR BOULEVARD/SR 57 ON-RAMP - to be issued to Lingo Industrial Electric in an amount not to exceed $32,386.24 with the possibility of adding a change order to remove D.B. Blvd./SR57 poles if staff cannot come to agreement with CalTrans. B) ADOPTED RESOLUTION NO. 99-61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL IMPROVEMENT PROJECT AT THE INTERSECTIONS OF BREA CANYON ROAD/SILVER BULLET DRIVE, LEMON AVENUE/LYCOMING STREET, GOLDEN SPRINGS DRIVE/RAPIDVIEW DRIVE AND DIAMOND BAR BOULEVARD/SR57 ON-RAMP IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - with a change in the Plans and Specifications to make the signals at D.B. Blvd./SR57 as an alternative bid item. 6.8 APPROVED UPGRADE OF ELECTRONIC DOCUMENT MANAGEMENT SOFTWARE FOR INPUT, RETRIEVAL AND STORAGE OF VITAL RECORDS - Fortis by File Magic, Fortis Power Web Server, Fortis Office, software support, installation and training from Document Imaging Service Corp. (DISC) of San Diego in an amount not to exceed $46,230. Funds are currently available in the FY 1999-2000 budget approved by Council on June 15, 1999. 6.9 CONTRACTS FOR GOLDEN SPRINGS DRIVE REHABILITATION PROJECT FROM GRAND AVENUE TO TORITO LANE. A) AWARDED CONSTRUCTION CONTRACT - to Excel Paving Co. for the Golden Springs Drive Street Rehabilitation Project in an amount not to exceed $742,593 and authorized a contingency amount of $75,000 for project change orders to be approved by the City Manager, for a total authorization of $817,593. B) AWARDED INSPECTION SERVICES CONTRACT - to Hall & Foreman, Inc. for the Golden Springs Drive Street Rehabilitation Project, in an amount not to exceed $48,000 JULY 20, 1999 PAGE 6 CITY COUNCIL MEETING and provided a contingency amount of $5,000 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $53,000. 6.10 A) AWARDED CONSTRUCTION CONTRACT FOR AREA I SLURRY SEAL OVERLAY - to Asphalt Maintenance Co. of California in an amount not to exceed $535,603.53 and authorized a contingency amount of $25,000 for project change orders to be approved by the City Manager, for a total authorization of $560,603.53. B) AWARDED CONSTRUCTION CONTRACT FOR AREA 1 SLURRY SEAL - ARAM OVERLAY PROJECT - to Manhole Adjusting in an amount not to exceed $105,676.96 and authorized a contingency amount of $4,000 for project change orders to be approved by the City Manager, for a total authorization of $109,676.96. C) AWARDED CONTRACT FOR AREA 1 SLURRY SEAL - CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES - to GFB-Friedrich & Assoc., Inc. in an amount not to exceed $34,807 — and authorized a contingency amount of $3,000 for contract amendments to be approved by the City Manager, for a total authorization of $37,807. 6.11 ADOPTED RESOLUTION NO. 99-62: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT PAROLE BE DENIED TO CONVICTED MURDERER, DANNY SAUL ROSALES, 6.12 ADOPTED RESOLUTION NO. 99-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL IMPROVEMENT PROJECT AT THE INTERSECTIONS OF BREA CANYON ROAD/DIAMOND CREST LANE, BREA CANYON ROAD/GLENBROOK DRIVE, AND BREA CANYON ROAD/GOLDEN SPRINGS DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - rejected all bids, and adopted Resolution No. 99-63 approving Specifications for the Traffic Signal Improvement Project at the Intersections of Brea Canyon Rd./Diamond Crest Ln., Brea Canyon Rd./Glenbrook Dr., and Brea Canyon Rd./Golden Springs Dr. 7. PUBLIC HEARINGS: None JULY 20, 1999 A OLD BUSINESS: PAGE 7 CITY COUNCIL MEETING 8.1 PROPOSED AMENDMENT TO WILDLIFE CORRIDOR CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT TO PERMIT THE COUNTY OF LOS ANGELES TO BECOME A PARTY TO THE JOINT POWERS AGREEMENT - The County has made a request to become a party to the Wildlife Corridor Conservation Authority Joint Exercise of Powers Agreement (WCCA). The County is the governing body of the greater majority of the territory within the corridor, as delineated by WCCA. Further, the County is the single largest source of funding available to WCCA for conservation activities. The City representative (Mayor Pro Tem O'Connor) to the WCCA Board of Directors and the alternate City representative (Councilman Huff) recommended the proposed amendment. Clyde Hennessee expressed concern about opposing entities. He asked what happened to the $10,000,000 and whether D. B. got a portion of the money. CM/Belanger stated that the Parks Bond Act was adopted in 1996 by L.A. County voters. The Act provided for $10,000,000 for the acquisition of land east of Colima Rd., the primary purpose being the purchase of the Firestone Boy Scout Reservation by WCCA. C/Herrera moved, MPT/O'Connor seconded, to approve the amendment to the Wildlife Corridor Conservation Authority Joint Exercise of Powers Agreement to permit L.A. County to become a party to the joint powers agreement and authorized and directed the Mayor to execute the proposed amendment to the joint powers agreement. 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 ORDINANCE NO. 10(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 18.108 OF TITLE 18 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING AMENDMENTS TO UPDATE THE MINIMUM NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENTS FOR FLOODPLAIN MANAGEMENT - Congress passed the National Flood Insurance Act of 1968 JULY 20, 1999 PAGE 8 CITY COUNCIL MEETING establishing the National Flood Insurance Program (NFIP) to enable property owners to purchase insurance protection against losses from flooding. Community participation in the NFIP is based on an agreement with the Federal Emergency Management Agency (FEMA) that the community will implement and enforce measures to reduce future flood risks to new construction in flood -prone areas. By doing this, the community would be provided with available flood insurance as financial protection against losses in the special flood zone areas. There are two areas so noted in D.B. The City's current floodplain management regulations are contained in Chapter 18.108 of the Municipal Code adopted by Ordinance No. 30(1989). The City became a participant in the NFIP via adoption of Resolution No. 91-51 and subsequent approval by FEMA on July 31, 1991. Community Assistance Visits (CAV) are also a part of the program for periodic contact and to assure compliance with current NFIP regulations. To date, the City has had two CAVs, with the last one conducted on October 26, 1998. The proposed amendments implement changes necessary for the City's compliance with the minimum requirements and restrictions per the CAB and the FEMA Model Ordinance. M/Chang declared the Public Hearing open. Dr. Lawrence Rhodes pointed out that an area between Lycoming Ave. and Washington St., eastbound on Brea Canyon Rd., had a major slide in 1910. The runoff devices will cause runoff to flood many of the homes in the Fibre Ct. and Washington St. area in the event of a major event. The slide area remains unstable and he was concerned about the location of the flood zone. There being no further testimony offered, M/Chang closed the Public Hearing. C/Ansari moved, C/Herrera seconded, to approve first reading by Title Only, waive full reading and introduce Ordinance No. 10(1999) amending Chapter 18.108 of Title 18 of the Diamond Bar Municipal Code to update the minimum National Flood Insurance Program requirements for Floodplain Management. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff,MPT/O'Connor, JULY 20, 1999 PAGE 9 CITY COUNCIL MEETING M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.2 LEGISLATIVE SUB -COMMITTEE RECOMMENDATIONS: A) SB 1190 (Solis) - OPPOSE - An Act to amend Section 33334.4 of the Health and Safety Code, relating to redevelopment. The Community Redevelopment Law (CRL) authorizes establishment of redevelopment agencies in communities to address the effects of blight, as defined, in areas of those communities known as project areas. Existing law declares that redevelopment agencies must set aside 20% of their annual property tax increment revenues in a Low and Moderate Housing Fund (L&M Fund) to increase, improve, and preserve affordable housing. L&M Funds can be used to buy land, build onsite or offsite improvements, build structures, buy buildings, rehabilitate buildings, subsidize housing, pay bonds or other indebtedness, maintain mobile homes, preserve subsidized units, replace destroyed housing units, and other related uses. This bill would require that a specified proportion of monies in the agency's L&M Fund be expended over the duration of a 5 -year implementation plan to assist housing for persons of low and very low income. The bill stipulates a time period for which the money must be spent, rather than stating that the money is to be expended over the duration of the redevelopment plan. This bill also states that if an agency does not adopt a housing element or revise its housing element in accordance with Section 65588 of the Government Code or if the jurisdiction's housing element has not been found in compliance by the department pursuant to the Government Code, the agency shall expend at least 75% of the money in the L&M Fund to assist housing for persons of low and very low incomes. Martha Bruske said she would rather that the City use Redevelopment monies to rehabilitate residences. C/Ansari explained that the Council is opposed to the bill because of artificial limits placed on cities. In response to C/Ansari, CM/Belanger explained that the City prepared its Housing Element portion of the General Plan in accordance with State law. Recent modifications to State law places an even stronger emphasis on providing for low and moderate income housing. That obligation belongs to the City JULY 20, 1999 PAGE 10 CITY COUNCIL MEETING regardless of whether there is a Redevelopment Agency. With respect to the Redevelopment Agency, State law requires that 20% of the tax increment monies received by the City be placed in a low and moderate income housing fund. That money must be spent on activities related to low and moderate income housing within the community. The Redevelopment Plan of the City has, as one of its objectives, the fulfillment of all of its legal obligations to providing for low and moderate income housing. As Council stated, this bill will place an artificial limitation on the low and moderate income housing funds that may not be able to be met in some communities. C/Herrera moved, C/Ansari seconded, to direct the Mayor to send a letter opposing adoption of AB 1190. 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 B) AB18 - (Villaraigosa) - SUPPORT - An act to add Chapter 1.192 to Division 5 of the Public Resources Code, relating to financing a program for acquisition, development, improvement, rehabilitation, restoration, enhancement, and protection of park, recreational, cultural, historical, fish and wildlife, lake, riparian, reservoir, and coastal resources, by providing the funds, and declaring the urgency thereof, to take effect immediately. Specifically, this bill creates the Villaraigosa-Keeley Urban Parks, Clean Water and Coastal Protection Bond Act of 2000. The legislation proposes a $1.5 billion parks, clean water and coastal protection bond act. If passed, this bond act proposal would be placed on the November, 2000 ballot for voter consideration and approval. If the voters approve this bond act proposal, $1.5 billion in general obligation bonds would be sold to finance a program for acquisition, development, improvement, rehabilitation, restoration, enhancement, and protection of park, recreational, cultural, historical, fish and wildlife, and coastal resources. Dr. Lawrence Rhodes recommended that Council send a letter of support to place this matter on the ballot. C/Huff moved, MPT/O'Connor seconded, to table the motion. Motion carried by the following Roll Call vote: JULY 20, 1999 PAGE 11 CITY COUNCIL MEETING AYES: COUNCIL MEMBERS - Huff,MPT/ O'Connor, M/Chang NOES: COUNCIL MEMBERS - Ansari, Herrera ABSENT: COUNCIL MEMBERS - None C) AB 1383 - (Thompson) - SUPPORT - An act to amend Section 164.56 of the Streets and Highways Code, relating to highways, and declaring the urgency thereof to take effect immediately. Existing law establishes the Environmental Enhancement and Mitigation Demonstration Program Fund (EEMDA) in the State Highway Account, states legislative intent to allocate $10 million for 10 years beginning in 1991, and establishes procedures under which the Resources Agency evaluates proposals for funding and makes recommendations for funding out of the fund. The EEMDA is utilized to make grants to local, state and federal agencies and nonprofit entities that undertake projects to mitigate the adverse environmental effects of existing and future transportation facilities. This bill would delete the 10 year limitation of the existing law and, instead, would specify that it is the intent of the Legislature to allocate $10 million annually to the fund which would be renamed the Environmental Enhancement and Mitigation Program Fund. This bill would also require the Department of Transportation to extend the completion date to June 30, 2002, for specified Environmental Enhancement and Mitigation Projects. Specifically, this bill would extend the completion date for the City's Tree Planting Project, which would allow the City to plant 1,100 more trees. Martha Bruske supported planting trees close to the freeway and in residential areas to mitigate freeway noise. C/Ansari moved, C/Herrera seconded, to direct the Mayor to send a letter of support of AB 1383. 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 C) RESOLUTION NO. 99-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROPOSING THE CHANGE IN STATE OF CALIFORNIA STATUTES AND CODES TO REQUIRE THAT ALL CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIRED ENVIRONMENTAL DOCUMENTS AND REPORTS, WHICH MAKE DETERMINATIONS AND DECLARATIONS, SHALL BE JULY 20, 1999 PAGE 12 CITY COUNCIL MEETING REQUIRED TO HAVE A PUBLIC HEARING, WITH NOTICE PUBLISHED, POSTED AND MAILED - Shall all projects and programs subject to the requirements of CEQA be required to conduct public hearings and give public notice (published, posted and mailed) for all environmental impact declaration and determination reports? Dr. Lawrence Rhodes supported complete, total and honest information from the State on all projects and would like that language included within the document. Sue Sisk asked if this document refers to environmental impacts only. CM/Belanger stated that the purpose of notification is to provide a process where full disclosure and complete notice is provided. Following CM/Belanger's response, Sue Sisk declared her full support for the measure. C/Herrera moved, C/Ansari seconded, to adopt Resolution No. 99-64 proposing the change in State Statutes and Codes to require all California Environmental Quality Act required environmental documents and reports, which make determinations and declarations, be required to have a public hearing, with notice published, posted and mailed. Further, to send the Resolution to the League of California Cities' Policy Committee for submission at the League Conference in October in San Jose. 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: NVChang recessed the City Council Meeting to the Redevelopment Agency Meeting at 9:20 p.m. RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Council meeting at 9:22 p.m. JULY 20, 1999 PAGE 13 CITY COUNCIL MEETING 10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS:C/Huff spoke about the issue of Council approving the Lanterman litter and weed abatement contract. He explained what it means for Council to pull an item from the Consent Calendar and he apologized to Sue Sisk for any misunderstanding as to what that means. The Council has no problem with the existing clientele that are housed at Lanterman. In order to show good faith to the State, Council has attempted to balance the situation. The facility has provided excellent work for the City in the past. C/Ansari stated that, last Wednesday, she, the Mayor and City Manager attended the AB 373 hearing in Sacramento. Unfortunately, the bill did not make it out of committee. She commented on several meetings that she had attended recently: Solid Waste, Eagle Scout Ceremonies, a retirement dinner for a long time D.B. Library assistant. She was appointed to the Board of the Inland Valley Capital Corporation.. She attended a planning meeting for CLOUT, which focused the group's direction toward obtaining funding for the Alameda Corridor East. She and other Council Members and staff attended the Steve Tamaya Memorial. She asked that tonight's meeting be adjourned in memory of Siddiqui Tarekh and former Congressman George W. Brown. C/Herrera spoke about the Lanterman Advisory Committee. She asked that Chairman Sisk's final report be included in the August 3, 1999 Council agenda. In response to an earlier question posed by Martha Bruske, she stated that there are 13 members of the Lanterman Advisory Committee: Sue Sisk, Dr. Lawrence Rhodes, Don Gravdahl, Fred Encinas, Joseph Farrell, Darla Farrell, Linda Graves, Russell Gray, Ruth Purpero, Lydia Figueroa, Grace MacBride, Michael Lin, Jennifer Hoey, with Andy Whitson serving as an alternate. C/Herrera will Chair the committee and C/Huff will act as Vice Chair. The purpose of the committee is to review and make recommendations on legislation pertaining to the Lanterman Developmental Center and developmental centers in general. In addition, the committee will review and make recommendations on the actions of the State Department of Developmental Services related to Lanterman Developmental Center and developmental centers in general. The first meeting will be Thursday, July 22 at 7:00 p.m. in Room CC3&5 of the SCAQMD. Meeting dates and times will be posted on the Channel 12 scrolling bulletin board. She was disappointed that AB 373 did not make it out of committee. However, she was encouraged to hear that Assembly Member Pacheco intends to continue with the bill, which enables D.B. to contact the other cities to stand in support of the bill. D.B. has received letters of support from the cities of Montclair and Laverne. She encouraged her fellow Council Members to call individuals in other cities and ask them to take a position on the issue. MPT/O'Connor stated that on July 7, she attended a residents' meeting concerning street improvements for Meadowglen Rd. and Ambushers St. JULY 20, 1999 PAGE 14 . CITY COUNCIL MEETING Also on July 7, she attended a WCCA meeting. She attended the Chamber Legislative Breakfast on July 8 and the annual celebration for Century 21 E -N. She encouraged residents to attend this Saturday's Solid Waste Town Forum. Diamond Bar Honda recently celebrated their 5th Anniversary. She reminded residents that the Concerts in the Park series is ongoing. On July 15, the Finance Committee met. She asked that Council Members and City Contractors submit outstanding receipts so that the prior fiscal year can be closed out. She and M/Chang met with staff members to discuss the City's code enforcement. The subcommittee has requested that staff obtain information from other cities with respect to citation authority as well as information regarding property maintenance standards. The next subcommittee meeting is scheduled for August 2. On July 19, Council conducted a walk- through with the Minnequa landslide contractors. She encouraged staff to obtain the final grading plans so that contractors can submit their bids for approval. This morning she attended the Chamber's Board of Director's meeting as well as the YMCA golf meeting. The YMCA will hold its fundraising golf tournament on October 8, 1999 and she encouraged organizations to participate. She asked staff to elaborate on the process for development of the City's skateboard park. CM/Belanger stated that if the facility is located in a City park, it will require a change in the Conditional Use Permit of -the park with a Public Hearing at the Planning Commission level. Input will be requested from citizens with respect to the design of the facility and possible location of the facility at the Parks & Recreation Commission level, which would be passed on to the Planning Commission for incorporation into the CUP. Council would receive the project for approval with respect to the hiring of the architect and the issuing of a contract to build the facility. Council will determine whether it wishes to have a subcommittee at the Council level. It is anticipated that there will be sufficient opportunity for public input at the Parks & Recreation and Planning Commission levels. At its August 3 meeting, Council will address the matter of engaging an architect for completing the facility design. MPT/O'Connor explained that she makes decisions based on the issues and not for political reasons. M/Chang said he has attended several Concerts in the Park and — encouraged residents to attend the remaining concerts that occur on Wednesdays at 6:30 p.m. at Sycamore Canyon Park. The last concert will be held on August 18. On July 8, he met Senator Dianne Feinstein and spoke about four of the major subjects that the City has JULY 20, 1999 PAGE 15 CITY COUNCIL MEETING encountered. He asked for her help in stopping the Lanterman Expansion Project and for her assistance in resolving the City's ongoing Zip Code problem. In addition, he asked for her assistance in obtaining funding to improve the SR57/60 interchange as well as assistance with regional transportation problems. He attended the Century 21 E -N celebration and the D.B. Honda 5th Anniversary Celebration. He attended the Steve Tamaya Memorial. He said that the AB 373 hearing was a very unpleasant experience. He asked staff to forward a letter of thanks to the four Assembly members who voted in support of the bill. He explained his position on support of the Lanterman litter and weed abatement contract. 11. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the meeting at 10:00 p.m. in memory of Siddiqui Parekh and former Congressman George W. Brown. LY DA BURGESS, City Clerk ATTEST: Mayor