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HomeMy WebLinkAbout08/17/1999 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION AUGUST 17, 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 -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; David Liu, Deputy Public Works Director; Linda Magnuson, Finance Director; Anne Haraksin, Administrative Assistant and Lynda Burgess, City Clerk. 3. 4 -CORNERS REPORT: C/Huff explained that 4 -Corners traditionally deals with the lost areas of the four counties: Los Angeles, Orange, San Bernardino and Riverside. Typically, funding goes more toward the central portions of the counties which enjoy larger populations and those that are dealing with the areas that require cooperation with the neighboring jurisdictions are left to fend for themselves. As a result, the 4 -Comers policy group came together as a sub- set of (SCAG) which conducts regional transportation planning. About 1-1/2 years ago, the organization commissioned a study by Parsons Brinckerhoff to try and quantify what the problems are. J.D. Douglas, Parsons, Brinckerhoff, Quaid and Douglas, presented an overview of the project. The 4 -Corners area is bounded by SR60 on the north, SR57 on the west, the 91 freeway on the south and Interstate 15 on the east. The process involves a number of agencies: A steering committee and technical committee which include members of four county transportation commissions, three districts of CalTrans, 10 or eleven cities and several non -agency representatives including toll roads, environmental groups and private property owners. The intent is to bring everyone together to try and develop some consensus solutions for the transportation problems in this area. The 4 -Corners area is a major gateway between the Inland Empire and L.A. and Orange Counties. There are relatively few roadways due to topographic constraints. The Chino Hills and Santa Ana mountains, in particular, limit the number of crossings that go between counties. There have been numerous studies conducted over the past 10-12 years, potential improvements through the area and much discussion regarding the needs. There have been a number of improvements within the past several years - Route 91 private toll lanes on the Orange County side and carpool lanes on the Riverside County side. Carpool lanes have been added to SR 60 and SR57 and Route 71 has been upgraded to a freeway in San Bernardino County. Metrolink service has been initiated between the Inland Empire and AUGUST 17, 1999 PAGE 2 CITY COUNCIL STUDY SESSION downtown L.A. and Orange County. Planning has been ongoing for the agricultural preserve areas near Chino and Ontario, along with long-range plans for potential development. A potential planned road between Chino Hills and Brea through Soquel Canyon has been removed from the master plan of arterial highways. In addition to the improvements that have been made, the following improvements are proposed: Extension of the SR60 carpool lanes further west into L.A. County; the Route 71 freeway through the Chino Hills area, and the new eastern toll road in Orange County that connects with the 91 freeway to the Irvine Spectrum area; improvements through the SR57/60 interchange and direct connector ramps between carpool lanes on the 60 and the 57. Through an extensive technical analysis, several key areas have been identified for inter -county transportation problems: SR 60 where the 60/57 meet; cut -through traffic using Grand Ave. and D.B. Blvd.; a heavy volume of commuters on Carbon Canyon Rd. between Chino Hills and Brea; SR57 north and south between D.B. and the Cities of Brea, Fullerton and Anaheim - peak period congestion, and congestion on the 91 freeway between Riverside and Orange counties. The study uses a forecasting model for the region that projects traffic volumes to the year 2020. Regional growth statistics for all of Southern California indicate that the growth in trips between the Inland Empire and L.A. and Orange counties will be approximately 47% from 1997 to the year 2020 which is a substantial growth from today's numbers. The technical advisory committee and the policy committee have done a lot of work to identify a wide range of alternative improvements and policy strategies that can address the specific inter -county problems that have been identified. Those improvements that were the most promising and had the most potential benefit for addressing the problems that have been identified are the ones that are being studied in these four alternatives. One issue that is not included in any of the alternatives is the issue of regional growth. One item that will likely come out of the evaluation is that regional growth forecasts need to be developed in combination with the potential for the transportation system to accommodate that growth. Mr. Douglas indicated that the four alternatives include packages of improvement strategies. These alternatives have been characterized in four general categories: 1) an alternative with three options that maximizes highway capacity and focuses on maximizing the capacity of the existing highway system; 2) providing transit options and maximizing transit ridership so that alternative modes are available for people traveling through this area; 3) new roads and toll lanes, and 4) regional transportation plan alternative which reflects the improvement strategies that SCAG identified and adopted for this area as part of the regional transportation plan. He explained the elements of the proposed improvements. In response to MPT/O'Connor, Mr. Douglas said he does not have ridership figures for the City of Industry Metrolink_ However, he can provide the AUGUST 17, 1999 PAGE 3 CITY COUNCIL STUDY SESSION information to staff. With respect to peak hour bus lanes on Grand Ave. rather than on the SR60, the SR60 freeway currently has carpool lanes which accommodate cars and buses. The thought behind the peak hour bus lanes on Grand Ave. was to particularly help the shuttle connection between Chino Hills and Industry. If Grand Ave. continues to be congested, having bus lanes on the street would facilitate transit flow. It will be a matter of trading off the benefits for transit with the obvious impacts to the City. The study proposes to add lanes to Grand Ave. to accommodate bus traffic. CM/Belanger asked if the study proposes to remove the medians on Grand Ave. to accommodate these changes. Mr. Douglas responded that the study is not doing specific design solutions at this stage. MPT/O'Connor said she would not support a concept to eliminate the median on Grand Ave. Mr. Douglas stated that C/Huff has expressed similar reservations in all of the meetings. Because of the number of stakeholders that are involved in this area, there are many divergent opinions, views and needs and he is happy to report that all of the study's participants have been willing to give a little bit in terms of the options so that the study can contemplate a full range of solutions. He is aware that alternatives and recommendations must consider the impacts to affected communities as well as the benefits for transportation. In the early stages of the study, the consultant team individually met with nearly every member of participating agencies and from those meetings, the consultant team developed its "statement of purpose and need" which lays out what the issues are, what the study is endeavoring to address and the goals and objectives and important issues that the study will need to take into consideration. Those objectives include transportation improvement and they also include not dumping one city's traffic into another city's streets and not creating massive community impacts and include minimizing environmental impacts. C/Ansari asked if the study considers costs. Mr. Douglas stated that the consultants are developing costs for all of the alternatives and he did not remember the cost of the proposed Tonner Canyon roadway. The cost is based on engineering studies that were done on some of the alignments of a potential road through that area in about 1990. The proposed three -lane roadway is smaller than the roadway that was previously studied so the cost would be somewhat less. He believed that the cost is in the neighborhood of $60-70 million. MPT/O'Connor asked if the study has determined that toll lanes are faster and better than HOV lanes. AUGUST 17, 1999 PAGE 4 CITY COUNCIL STUDY SESSION In response to MPT/O'Connor regarding whether the study had determined that toll lanes are faster and better than HOV lanes, Mr. Douglas responded that they serve different functions within the transportation system. Part of the reason for developing toll lanes is financial and getting sufficient funding to develop the facility and their potential for serving as more than carpool lanes. Mr. Douglas stated that with those four alternatives, the next steps are to evaluate and compare the alternatives in terms of the criteria laid out in the Purpose and Needs Statement. Travel forecasts have been conducted and the data has been shared with the technical and policy committees. Currently, the consultants are working through the data to develop a program of preliminary recommendations to address the identified problems. Once the consultant team has developed what it believes are the recommendations based upon the Purpose and Needs Statement, a series of workshops will commence - one with each of the areas involved such as one workshop with L.A. County agencies, one with Orange County agencies, one with Inland Empire agencies (San Bernardino and Riverside counties) and one with the non -agency stakeholders. The purpose of the workshops will be to present the preliminary technical recommendations, the rationale behind those recommendations and to have discussion with the players in order to obtain comments and feedback. From those four workshops, the consultants will endeavor to develop a consensus recommendation that reflects all of the input. C/Ansari asked Mr. Douglas to address two issues in the workshop: 1) cost for each of the alternatives and 2) anticipated traffic from each of those alternatives. Mr. Douglas believed that everyone on the committees recognize that because there are such diversities, that a consensus solution must be developed. The workshop for City staff and elected officials of D.B. will take place on Monday, September 20, 1999 at 9:00 a.m. in the South Coast Air Quality Management District building. C/Ansari asked if the study would address the least invasive alternative for the Tonner Canyon roadway. Mr. Douglas responded that the consultants are not able to study the alignment alternatives within the parameters of the study. If the canyon road — comes out of the study as an alternative, it will need to define the least invasive alignment and connections. C/Huff stressed that some jurisdictions have problems with parts of each of 7,— AUGUST 17, 1999 PAGE 5 CITY COUNCIL STUDY SESSION the alternatives. Consensus may come down to picking and choosing from various scenarios and putting together what works best for communities and what those communities are willing to build out. It will take a lot of wisdom and patience to get through the process. He pointed out that a copy of the study is on file at City Hall for use by the public. He stated that the committees would like to have seen more mitigation through implementation of the alternatives. Mr. Douglas stated that C/Huffs statement gets back to how much growth will occur in the region in the next 20 years. To build 47% additional highway capacity to accommodate the anticipated growth would involve an astounding amount of construction and dollars. As the study has progressed, the disappointing results that C/Huff alluded to where the evaluation shows the speed on the various freeways if the improvements are completed. Some of the critical freeway segments were little better if not worse than they are today in the 20 -year forecast. The adopted regional growth forecasts continue to show a strong trend of housing development in the Inland Empire and jobs development in L.A. and Orange Counties as it is today. Clearly, the infrastructure is not sufficient to -- accommodate that level of development. One of the things that would make the biggest difference is if there were more jobs available in Riverside and San Bernardino Counties and more affordable housing in Orange and L.A. Counties. Having that dynamic in the growth change would significantly change the traffic patterns from what the forecasts currently indicate. The study will not only focus on what roadways to improve and which transit services toimplement, but also on what strategies local and regional agencies can pursue to make the entire demand balance work better. M/Chang thanked Mr. Douglas for his thorough and comprehensive presentation. 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 ATTEST: L-L�- (7 - S:� Mayor (;7-) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 17, 1999 CLOSED SESSION: 4:00 p.m., Room CC -8 a) Conference with Legal Counsel - Existing Litigation, Government Code Section 54954.5: City of Diamond Bar vs. State of California b) Conference with Legal Counsel - Pending Litigation, Government Code Section 54954.5: City of Diamond Bar vs. State of California c) Conference with Legal Counsel - Existing Litigation, Government Code Section 54956.9(b): Suzie Warren -Jackson vs. City of Diamond Bar, Case No. EEOC 340991850 MPT/O'Connor recused herself and was not present during discussion of Closed Session Items a) and b). CA/Jenkins reported that during the Closed Session, Council discussed initiation of two matters of new litigation with respect to the Lanterman matter. Under the Brown Act, he is not obliged to report on the precise details of that litigation until it is actually filed and served on the opposing party. Council directed the preparation of two lawsuits; both in connection with the Lanterman matter and the attorneys have been given direction relative to preparing those lawsuits. Once they are prepared and filed, he will provide more extensive public reports on the exact nature of that litigation. Beyond that, Council took no other reportable actions during the Closed Session. STUDY SESSION: 5:40 p.m., SCAQMD Auditorium - 4 - Corners Report - Presented by J.D. Douglas, Parsons, Brinckerhoff. 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; Linda Magnuson, Finance Director; Anne Haraksin, Senior Administrative Assistant and Lynda Burgess, City Clerk. Study Session adjourned at 6:30 p.m. 2. CALL TO ORDER: Mayor Chang called the meeting to order at 6:30 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. AUGUST 17, 1999 PAGE 2 CITY COUNCIL Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. PLEDGE OF ALLEGIANCE: J. Michael Huls led the Pledge of Allegiance. INVOCATION: Pastor Dennis Stueve, Mt. Calvary Lutheran Church gave the Invocation. APPROVAL OF AGENDA: As presented. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: BUSINESS OF THE MONTH: 3.1 Presented City Tile to Bill Sippel, owner of the Mobile Station located on Diamond Bar Boulevard and Golden Springs Drive. 4. PUBLIC COMMENTS: Michael Armijo, Editor of the Weekly News, 1411 S. D.B. Blvd., invited Council and community members to a birthday celebration on Thursday, August 19 from 5:30 to 8:00 at Clearwater Bagel, 20747 Amar Rd., Walnut. Martha Bruske believed that the Alameda Corridor is a major issue that will heavily impact the community and asked for disclosure from Council. Don Gravdahl spoke about the Lanterman Weed Abatement contract. He asked that Council elaborate on various locations in the City that have not had recent attention. Dave Reynolds said that he had observed barren hillsides, which in his opinion, offer potential for erosion and landslides. Off of the SR 57 and 60, there are many steep slopes without vegetation. People have done their jobs to clear the hillsides but without vegetation, the slopes are unsightly and may present a possibility of slope failure. He expressed hope that along with hillside clearance, there would be a re -vegetation program. He asked that SCAQMD be requested to maintain their slopes. Sue Sisk stated that for several months, the community has been told by administration officials of Lanterman that the communities of D.B., Walnut and Pomona were notified of the proposed secure treatment program at their facility and that the public is confused and misguided as to the purpose and AUGUST 17, 1999 PAGE 3 CITY COUNCIL intent of their program. She introduced Deborah Zebanovic. Deborah Zebanovic stated that her sister, Betty Ann, has been a resident of Lanterman Hospital for 33 years since age 7. As a concerned family member and conservator since 1991 of a developmentally disabled individual, she can confirm that State officials violated State law by failing to provide adequate public notice of their plans. She never received any information on the Lanterman Forensic Program and only learned the true facts a couple of weeks ago when a psych. tech provided her a copy of the blue book dated January 1999. Prior to this time, she understood that the expansion was to include low-risk clients charged with minor offenses. When she saw the signs stating "Stop this Forensic Program," she thought that the community had the wrong impression. She had been told that it wasn't going to be a big deal, that they wouldn't be intermingling with the other clients and she shouldn't worry about her sister's safety. After reading the State's plan, she became outraged and started gathering any information she could. She duplicated the information and gave it to several psych techs, which, like herself, didn't know much about the proposed expansion. She expressed concern for the community and felt that the quality of life and safety and the current residents' rights are being violated. The State concealed the true nature of the crimes allegedly committed by the forensic patients. The Department of Developmental Services did not communicate its plans well enough with the community, staff, families, advocates or even to the Department of Mental Health. The Lanterman campus is a secure, serene setting with a lot of community support and involvement. The residents enjoy the faculty, they benefit from the Catholic Church, Rustic Camp and stables, workshops, a swimming pool, canteen, special Olympics and many social events on and off the campus. They are not a danger to the community or a security risk. When high security forensic and severe behavioral patients are relocated to Lanterman and the construct of 16' fences topped with razor wire, several 36' observation towers, bullet-proof nurses stations, horns, alarms, locks, motion detectors and surveillance systems result in housing resembling a prison and staffed by custody officers, her concern is who will protect the current clients' rights. There is a potential violation of individual's rights that occurs by maintaining low risk individuals in a highly secure environment. Rights of the developmentally disabled, which is DSP 304, insure adequate accommodations, the right to treatment and habilitation services that support individuals in the least restrictive environment that allows independence and liberty to live a normal life as possible, free from harm, including unnecessary physical restraint, isolation, abuse, neglect, dignity, privacy and humane care. Free from hazardous procedures. Participation in community activities and social interactions, just to name a few. She thanked Council and the Lanterman Task Force, Federal State and local elected officials, especially Assemblyman Robert Pacheco for their support of AB 373. She was very AUGUST 17, 1999 PAGE 4 CITY COUNCIL disappointed that the Assembly Human Services Committee blocked the passage but not at all surprised. She is hopeful that the bill, when reconsidered, will get the required 2/3 vote and she will pursue her sister's rights via the Rights Violation Complaint Process. Red Calkins thanked the Sheriffs Department for patrolling and slowing traffic on Prospectors Rd. He pointed out that tall shrubbery along that street obscure street signs. He supported Council's opposition to the Lanterman Expansion project. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK - "Future America": (Variety Show) - August 18, 1999 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. (Final Concert of the 1999 Series) 5.2 PLANNING COMMISSION - August 24, 1999 - 7:00 p.m.., SCAQMD Auditorium, 21865 E. Copley Dr. 5.3 SMALL BUSINESS SEMINAR - Financial Analysis - August 24, 1999 - 7:00 p.m. to 9:00 p.m., Room CC -6, SCAQMD Headquarters Building, 21865 E. Copley Dr. 5.4 NIGHT AT THE QUAKES - August 25, 1999 - Bus leaves City Hall at 5:30 p.m. - Game Time 7:00 p.m. 5.5 PARKS & RECREATION COMMISSION - August 26, 1999 - 7:00 p.m., Hearing Board Room, 21865 E. Copley Dr. 5.6 LABOR DAY HOLIDAY - September 6, 1999 - City Offices will be closed in observance of the Labor Day Holiday. City Offices will re- open Tuesday, September 7, 1999. 5.7 CITY COUNCIL MEETING - September 7, 1999 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.8 TRAFFIC & TRANSPORTATION COMMISSION - September 9, 1999 - 7:00 p.m., Hearing Board Room, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Herrera moved, C/Ansari seconded, to approve the Consent Calendar, with the exception of Items 6.1.3 and 6.8. Motion carried by the following Roll vote: AUGUST 17, 1999 PAGE 5 CITY COUNCIL 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 20, 1999 - As corrected. 6.1.2 Town Hall Meeting of August 3, 1999 - As submitted. 6.1.3 Regular Meeting. of August 3, 1999 - As submitted. MPT/O'Connor requested that the record reflect that she was not present during Closed Session discussion of Items 1 a) and b). 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular Meeting of July 13, 1999. 6.3 APPROVED VOUCHER REGISTER - dated August 17, 1999 in the amount of $988,402.67. MPT/O'Connor recused herself from voting for approval of PO#9005 for $80.00, PO#8840 for $9,653.12, check to Subway for $27.93 and check to Wells Fargo for $381.54 relating to the Lanterman Forensic Expansion Project. 6.4 REJECTED CLAIM FOR DAMAGES - Filed by Amrut & Sita Patel July 30, 1999 and referred the matter for further action to the City's Risk Manager. 6.5 RELEASED BONDS: (a) EXONERATED GRADING BOND (LABOR AND MATERIALS AND FAITHFUL PERFORMANCE) FOR 3020 WAGON TRAIN LANE IN DIAMOND BAR (LOT 28 OF TRACT NO. 30289) No. 3SM 890 885 00, in the amount of $79,380 posted on January 8, 1997 and directed the City Clerk to notify the Principal and Surety of this action. (b) EXONERATED CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR 22136 STEEPLECHASE LANE IN DIAMOND BAR (LOT 21 OF TRACT NO. 30578) - in the amount of $6,600 posted with the City on March 19, 1997 and directed the City Clerk to notify the Principal and Surety of this action. 6.6 ADOPTED RESOLUTION NO. 99-66: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE AUGUST 17, 1999 PAGE 6 CITY COUNCIL DESTRUCTION BY THE CITY CLERK OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090. 6.7 ADOPTED RESOLUTION NO. 99-67: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PROGRAM SUPPLEMENT NO. M 002 TO ADMINISTERING AGENCY -STATE AGREEMENT NO. 07-5455 FOR GRANT FUNDS FOR THE REHABILITATION/RECONSTRUCTION OF GOLDEN SPRINGS DRIVE BETWEEN GRAND AVENUE AND TORITO LANE - and directed the City Clerk to forward the two originals to the Department of Transportation for final execution. 6.9 ADOPTED RESOLUTION NO. 99-68: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AN EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 23382, CONDITIONAL USE PERMIT NO. 92-1 AND OAK TREE PERMIT NO. 95-2 FOR PROPERTY LOCATED IN THE 3000 BLOCK OF STEEPLECHASE LANE (DOLEZAL). 6.10 APPROVED - EXTENSION OF CONSULTING SERVICES AGREEMENT WITH J. MICHAEL HULS FOR ENVIRONMENTAL MANAGEMENT SERVICES - (1) found that it is in the City's best interest to extend the existing contract and (2) approved and authorized the Mayor to extend the Consulting Services Agreement with J. Michael Huls, R.E.A., in an amount not -to -exceed $48,900 for administration of the City's solid waste permit system, coordination of AB 939 and program activities, and implementation of NPDES permit requirements. 6.11 APPROVED SECOND READING OF ORDINANCE NO. 09(1999): AN ORDINANCE RESTRICTING PARKING WITHIN DIAMOND BAR PREFERENTIAL PARKING DISTRICT NO. 2 AND AMENDING THE DIAMOND BAR MUNICIPAL CODE ACCORDINGLY. (MPT/O'Connor voted No on this matter.) 6.12 APPROVED CONTRACT AMENDMENT FOR SHEPPARD, MULLINS, RICHTER & HAMPTON, LLP - for legal services related to the Lanterman Developmental Center Forensic Expansion Project between the City and Sheppard, Mullin, Richter and Hampton, LLP, in the amount of $50,000. (MPT/O'Connor recused herself from voting on this matter). AUGUST 17, 1999 PAGE 7 CITY COUNCIL MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.8 RESOLUTION NO. 96-53J: A RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER REGULATIONS - At the time the FY 99-2000 Budget was approved, staff indicated that there would be several changes to classifications and salary ranges. Following discussion, C/Herrera moved, MPT/O'Connor seconded, tc adopt Resolution No. 96-53J. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - Ansari ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: 7.1 RESOLUTION NO. 99-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING THE LOCAL IMPLEMENTATION REPORT (LIR) AND CERTIFYING THAT THE CITY OF DIAMOND BAR MEETS THE CONFORMITY CRITERIA OF THE 1997 CONGESTION MANAGEMENT PROGRAM (CMP). M/Chang declared the Public Hearing open. Martha Bruske challenged D.B.'s compliance. There being no further testimony offered, M/Chang closed the Public Hearing. C/Ansari moved, C/Herrera seconded, to adopt Resolution No. 99-69 adopting the Local Implementation Report (LIR) and certifying that the City meets the conformity criteria of the 1997 Congestion Management Program (CMP). 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 AUGUST 17, 1999 PAGE 8 CIN COUNCIL 8. OLD BUSINESS: 8.1 CITY COUNCIL SUBCOMMITTEE REPORTS: (a) STATUS OF LANTERMAN (Legislative/Litigation Updates). MPT/O'Connor recused herself from this item and left the dais. Report by CM/Belanger and C/Herrera. Sue Sisk requested information regarding the general administration and monitoring of weed abatement contracts. She thanked C/Herrera and C/Huff for participating in Saturday's Car Rally. Fred Encinas thanked Council for voting to press forward with the legal battle with the State. He also thanked Council Members for attending the car rally. He asked the City to request Century Cable to televise Advisory Committee _ updates. He thanked C/Herrera for her ongoing efforts toward looking at long-term solutions. MPT/O'Connor returned to the dais. b) COMMUNITY/CIVIC CENTER SUBCOMMITTEE. C/Huff and MPT/O'Connor reported on the subcommittee's activities. Martha Bruske asked Council to delay the matter or buy land for the new Civic Center and the Skateboard Park and retain current open space. She disagreed with taking parking spaces away from the golf course. (c) SKATEBOARD SUBCOMMITTEE. MPT/O'Connor reported that the subcommittee had not yet been established. However, she attended the community meeting last week and was very impressed that about 30 young people participated in the meeting. She encouraged _ the City's youth to participate in the process. (d) MINNEQUA LANDSLIDE SUBCOMMITTEE. MPT/O'Connor reported. AUGUST 17, 1999 PAGE 9 CITY COUNCIL Martha Bruske stated that homeowner associations collect fees for mitigation of these types of items. The City is paying CDBG funds for the repair. She expressed concern that all of the City's slope failures require attention. She believed MPT/O'Connor might have a conflict of interest in this matter. CM/Belanger stated that there is a homeowners association. However, the homeowners association does not have any responsibility for maintenance of privately owned slopes involved in this particular matter. They have no responsibility for maintenance of slopes, no responsibility for repairing them and they do not charge fees for maintenance of these slopes. MPT/O'Connor asked the City Attorney to look into the possibility that she may have a conflict of interest with respect to this matter since she lives in the neighborhood. CA/Jenkins indicated that he would research the matter and report back to the Council. C/Ansari stated that prior to the meeting of September 21, the five property owners who are involved in this landslide must determine their percentage of involvement of their property and pay their fair share. 8.2 MATTER OF DISCUSSION REGARDING SETTING ITEMS FOR CITY COUNCIL AGENDAS. C/Huff read from the Council's handbook. C/Herrera moved, C/Huff-seconded, to adopt a policy that whether or not the Council has previously dealt with and voted on a matter, that out of professional courtesy for other Council Members, when a Council Member requests an item to be placed on the agenda, the request will be granted. CA/Jenkins believed that obvious exceptions would apply. There are some items, that, when Council takes action, Council loses jurisdiction. For example, when Council takes a final action by passing a resolution on a land use decision, it is finished and it cannot be brought back. If Council were to approve a contract and the contracting party was to enter into that contract with the City, it would be a binding contract and that matter may not be reconsidered. The kinds of things that can come up after they have already been considered would be more policy- oriented types of decisions. At a minimum, final actions that are beyond further action by Council should be excluded. AUGUST 17, 1999 PAGE 10 CITY COUNCIL CM/Belanger stated that placing items on the agenda has the possibility of providing some impact on staff. As a point of clarification, it is presumed that the placement of any item at any time by any Council Member on the agenda is the bare placement of the item on the agenda for Council to consider whether it is going to give direction to staff beyond that discussion. C/Herrera said that CM/Belanger's assumptions are correct and that it would take a majority of Council to engage staff in a new activity. Dr. Lawrence Rhodes asked that Council Comments be moved back to the beginning of the agenda. Martha Bruske stated that she had asked for certain items to be placed on the agenda to no avail. If Council would discuss items and vote on the matter at a future meeting, it would give the public time to consider the consequences and provide input. 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 MATTER OF RECREATION SERVICES - The City has contracted for the majority of recreation services with the City of Brea since 1991. Over the past eight years, D.B. has matured as a city and should consider bringing the operation of the recreation program in-house. Some of the reasons that make the consideration more plausible, as well as more desirable at this time, are that D.B. now has a larger City Hall facility in which to house the in-house recreation staff, has the opportunity to expand cost-effective recreation programming that will involve and benefit more of the community, and has the desire to expand the opportunity for residents to apply for and receive more of the available part-time jobs necessary to conduct the recreation program. The existing contract with the City of Brea can be terminated at any time with 90 days prior written notice. Martha Bruske asked Council to give credit to residents who recommended that recreation services be taken in-house. In addition, the recommendation included having D.B. residents employed by the City. AUGUST 17, 1999 PAGE 11 CITY COUNCIL Sue Sisk understood that the issue had been considered by the Council on previous occasions. She believed that most residents would like the program to be in-house and supported the City taking on this responsibility. In addition to money, she questions what the other benefits would be for the City to assume the program. MPT/O'Connor stated that Brea attempts to hire D.B. individuals for the recreation program. Brea has done an excellent job for the City. After 10 years, the City has evolved to the point of considering an in- house program. She asked what guarantees the City has that existing staff would remain on board until December 31. CM/Belanger responded that there are no guarantees short of impressing them to serve. D.B. is contracting for positions and the City would expect that the individuals holding full and part time positions would be in those positions to provide those services. Current employees would be encouraged to apply for in-house positions. C/Huff asked why the City's projected costs are below Brea's costs. CM/Belanger stated that the proposal submitted by the recreation department was higher as a result of requesting more positions. The proposal currently before Council is more reflective of the City's current staff. which staff believes is sufficient to continue to provide a high level of recreational programming. It is likely that the draft proposal will be further refined. Council can presume that the cost will not be more than what is shown in the staff report and may likely be less. It is easier to trim back a contracted program. D.B. residents are given priority consideration to part- time positions in the recreation program. It is likely that the full-time paid staff that would work for D.B. may not include D.B. residents. It depends on the applicant pool and the number of qualified individuals who reside in D. B. that would qualify for these positions. M/Chang expressed concern that an in-house program will not be cost effective for the City. C/Herrera moved, C/Ansari seconded, to direct staff to bring back more precise budget and revenue figures at the meeting of September 7, 1999 and forward a letter to the City of Brea terminating the recreation services contract effective midnight, December 31, 1999. Further, that Council conceptually approves the proposed in- house program with funding for the Recreation Superintendent position available immediately and directed staff to formalize the in- AUGUST 17, 1999 PAGE 12 CITY COUNCIL house recreation program budget and present it at a future Council meeting for approval. 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 Chris Emeterio, Acting Community Services Manager, and Wendy Bowman, Recreation Supervisor for the City of Brea, thanked the City and the community for their support over the years. RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the meeting to the Redevelopment Agency at 9:10 p.m. RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Council meeting at 9:13 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS: C/Huff stated that if the Council's recommendation for agendizing items becomes burdensome, he would like Council to reconsider the matter and develop a new policy. He appreciated Council's support on his request. He expected that C/Ansari's request regarding water to be on the agenda. The Tres Hermanos Conservation Authority met on August 9 and entered into negotiations to hire Mike Montgomery as General Counsel. He spoke about the 4 -Corners report, which he hoped would result in transportation improvement over the next 20 years. He again explained the Alameda Corridor East project. C/Ansari met with SCAG and the San Gabriel Council of Governments concerning the regional Housing Element, which will be voted on by SCAG in October. This element will determine how many low and moderate income housing units each city will be responsible for building. The Inland Valley Economic Group has expanded from Pomona and she is the director from D.B. The group was formed to market the region and reach out to other cities. She attended a meeting of the San Gabriel Valley Economic Partnership at which Supervisor Antonovich appeared. She had been attending meetings regarding storm water runoff, which have focused on residential landscaping that is friendly to catching runoff. She and C/Herrera met with the Senior Citizens group today. The organization has a waiting list of about 26 who wish to join. However, the group does not have meeting space available for additional members. The group discussed the possibility of starting another Senior Citizen's organization. She and MPT/O'Connor met with the Millenium committee. She attended a board meeting for Contract Cities. On August 14, she went with the Sanitation District to view AUGUST 17, 1999 PAGE 13 CITY COUNCIL where the sewer lines meet the ocean. She became a grandmother on August 6. C/Herrera spoke about the truck studies that are ongoing in the San Gabriel Valley. She serves as Chair of the Council of Governments (COG), which is concluding its work. Preliminary information indicates that the increase in truck traffic on freeways is due to an increase in the economy. One of the concerns that the Senior Citizens expressed is that there is still a vacancy in the Country Hills Towne Center at the former Ralph's location. The City has been working with the management company to work with Ralph's to bring in an independent grocer. Ralph's Market has repeatedly refused and objected to everyone that has been suggested. She proposed that Council write a letter to the President of Ralph's Market and communicate to him that it is a very strong desire throughout the community to have a grocer in that location. She encouraged residents to participate in this effort. MPT/O'Connor welcomed Cafe Illustrado to the business community. On August 11, she and C/Huff met to discuss the draft Solid Waste Ordinance, which will be presented to Council on September 7. She thanked staff for the very excellent 1999 Concert in the Park series. On August 16, she and M/Chang, serving on the Code Enforcement Subcommittee, met to consider tightening the ordinance. The subcommittee is concerned about slope maintenance throughout the community. The draft Ordinance is slated to be presented to Council on October 5. She wished everyone a safe Labor Day holiday. School opens on September 7 and 8 and she encouraged residents to drive with caution. The Sheriffs Department will continue to patrol the school areas. M/Chang congratulated Cafe Illustrado on their Grand Opening and wished them great success in the community. He thanked them for their service to the community. The public will have an opportunity to discuss the Code Enforcement matter when it is brought before Council in September. The 1999 Concert in the Park series was very successful and well attended by the residents of D.B. On August 14, he was unable to attend the Lanterman Expansion Project opposition Car Rally because he was in Montreal on business. He spoke about his love for the U.S. and expressed his desire that everyone work to eliminate crime. 11. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the meeting at 9:45 p.m. LYNDA BURGESS, City Clerk ATT S P ( r - Mayor