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HomeMy WebLinkAbout12/16/1997 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 16, 1997 CLOSED SESSION: None 2. CALL TO ORDER: Mayor Herrera called the meeting to order at 6:35 p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Huff. INVOCATION: Pastor Rick Motz, Evangelical Free Church of Diamond Bar. ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang and Mayor Herrera. Also present were: Terrence L. Belanger, City Manager; Amanda Susskind, Assistant City Attorney; James DeStefano, Deputy City Manager; Frank Usher, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: CM/Belanger requested the addition of Agenda Item No. 9.1 to contract for additional services by Ultrasystems in an amount not -to -exceed $10,000 in order that they may represent the City with respect to the Final EIR pertaining to the former City of Industry MRF site. The City became aware of Industry's December 23, 1997 public hearing on Monday, December 15, 1997. C/Huff moved, C/Ansari seconded, to place the matter on the Agenda as Item No. 9.1. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificates of Recognition to James Warren and Shirley Seymour, Community Volunteer Patrol Members, who have logged 1,000 hours each. DECEMBER 16, 1997 PAGE 2 3.2 Presented City Tiles to Linda Stevens and Rebecca Ryan, outgoing Pomona Unified School District Board Members. 3.3 Presentation of City Tile to Larry Redinger, outgoing Walnut Valley Unified School District Board Member - Mr. Redinger was unable to be present. 3.4 Presented Certificates of Recognition to Karen Austin, Kellee Fritzal and Anne Haraksin upon their graduation from the Walnut Sheriffs Station Citizen's Academy Class. 4. PUBLIC COMMENTS: Clyde Hennessee congratulated the new City Council Members and said he looks forward to the City making great accomplishments in the next couple of years. Alan Wilson asked Council to seriously consider Item 9.6 prior to opposing any feature of Proposition 208. Clyde Hennessee, regarding Consent Calendar Item 6.8, expressed concern about the City incurring additional costs by converting part time staff positions to full time positions. Jack Newe spoke in favor of Consent Calendar Item 6.5. He said there are _ serious traffic problems in the Grand Avenue area in front of the Library and his office building that need to be mitigated. CM/Belanger explained that Consent Calendar Item 6.8 involves positions which are currently funded at 32 -hours per week which are proposed to be 40 hour positions. These positions currently receive 3/4 of the benefits enjoyed by full time staff members. 5. SCHEDULE OF FUTURE EVENTS: 5.1 TOWN HALL MEETING - ECONOMIC REVITALIZATION - December 20, 1997 - 9:00 a.m. to 12:00 Noon - SCAQMD Auditorium, 21865 E. Copley Dr. 5.2 CHRISTMAS HOLIDAY - City Offices will be closed Wednesday and Thursday, December 24 and 25, 1997. 5.3 HOLIDAY TREE RECYCLING PROGRAM - Friday, December 26, 1997 through Saturday, January 10, 1998. 5.4 NEW YEARS DAY HOLIDAY - City Offices will be closed Thursday, January 1, 1998 and will reopen Friday, January 2, 1998. 5.5 CITY COUNCIL MEETING - January 6, 1998 - 6:30 p.m. SCAQMD Auditorium, 21865 E. Copley Drive. CONSENT CALENDAR: C/Ansari moved, C/Huff seconded to approve the Consent Calendar with the exception of Items 6.5 and 6.8. Motion carried by the following Roll Call vote: DECEMBER 16, 1997 PAGE 3 AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: 6.1.1 Regular Meeting of November 18, 1997 as submitted. (C/O'Connor and MPT/Chang abstained.) 6.1.2 Town Hall Meeting of November 22, 1997 as submitted. (C/O'Connor and MPT/Chang abstained.) 6.1.3 Regular Meeting of December 2, 1997 as submitted. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of October 14, 1997. 6.2.2 Regular Meeting of October 27, 1997. 6.2.3 Regular Meeting of November 12, 1997. 6.3 APPROVED VOUCHER REGISTER dated December 16, 1997 in the amount of $558,092.53. 6.4 EXONERATED CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR AND MATERIAL) FOR 23504 RIDGELINE ROAD (Account No. 07423-01725 - Bank of America) in the amount of $1,690 and directed the City Clerk to notify the Principal and Surety of this action. 6.6 RESERVED TDA ARTICLE 3(SB821) ALLOCATION FOR FISCAL YEAR 1997-1998 in the amount of $23,124 for bicycle and pedestrian facilities and projects. 6.7 APPROVED EXTENSION OF CONTRACT FOR ANNUAL FINANCIAL AUDITING SERVICES WHICH INCLUDE QUARTERLY PROCUREMENT AND CASH DISBURSEMENTS AUDITS with Conrad & Associates, L.L.P. for auditing services including quarterly procurement and cash disbursement audits, at a cost not -to -exceed $24,000 for Fiscal Year 97-98 and $24,480 for Fiscal Year 98-99 and authorized and directed the Mayor to execute said agreement. 6.9 ADOPTED RESOLUTION NO. 97-74: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ESTABLISHING A PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES THROUGH THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. DECEMBER 16, 1997 PAGE 4 MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.5 APPROVED GRAND AVENUE SHOULDER STRIPING, EASTBOUND BETWEEN MONTEFINO AVENUE AND DIAMOND BAR BOULEVARD between the driveways of the Fire Station and the Public Library and the driveways of the Public Library and Century 21. C/Huff asked if the feasibility of installing a Class II bicycle lane had been discussed by the Traffic & Transportation Commission and the Parks & Recreation Commission. CM/Belanger responded that the Traffic & Transportation Commission discussed the possibility of upgrading the bicycle lane to Class II and recommended approval of cross hatch striping as recommended by staff as a first step toward mitigating safety concerns with respect to persons accessing and leaving the business sites. In response to C/Ansari, DPW/Liu explained that ten vehicular accidents have been reported in the immediate area in the past two years. C/Ansari requested that the Sheriffs Department more closely monitor the area to determine the effectiveness of the striping. Following discussion, C/Huff moved, MPT/Chang seconded, to concur with the Traffic & Transportation Commission's recommendation to install cross hatch striping on the eastbound side of Grand Ave. between Montefino Ave. and D.B. Blvd., monitor the effectiveness, and request the Traffic & Transportation Commission and staff look into alternatives, and bring back a recommendation to Council within six months that would analyze the feasibility of a Class II Bike Lane. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.8 RESOLUTION NO. 96-53D, 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. CM/Belanger agreed with C/O'Connor that this matter should have DECEMBER 16, 1997 PAGE 5 been proposed earlier in the year during budget consideration. However, because the increased number of employees seeking leave would leave the City with a skeleton crew, he felt it was imperative that the matter be discussed at this time. He assured Council that, in the future, holiday leave will be included in the benefits package when salaries and benefits are being changed. M/Herrera explained that she requested this item be placed on the agenda to provide an additional employee benefit to compensate for the July, 1997 meager cost -of -living increase. Clyde Hennessee said he was not concerned about giving employees the additional day off, but that he was concerned that the City is asking for more full time employees. Following discussion, M/Herrera moved, MPT/Chang seconded, to approve an additional holiday on December 26, 1997 in FY 97-98 for City employees and to change the title of the MIS Assistant to MIS Technician, deleting a part-time Clerk Typist and adding a full-time Secretary in the City Clerk's Office, deleting an Administrative Intern position in the City Manager's Office, making the MIS Technician a full-time position and allocating $45 to the appropriate department FY 97-98 budgets. C/O'Connor requested .that the holiday item be separated from the employee position recommendations. M/Herrera and MPT/Chang concurred to amend the motion. Motion to grant City employees an additional holiday on December 26, 1997 carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, MPT/Chang, M/Herrera, NOES: COUNCIL MEMBERS - Huff, O'Connor ABSENT: COUNCIL MEMBERS - None Motion to amend employee positions from part-time to full-time carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang,M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: DECEMBER 16, 1997 PAGE 6 7,1 APPEAL OF PLANNING COMMISSION RESOLUTION NO. 97-13, DENYING CONDITIONAL USE PERMIT NO. 97-3, 21324 PATHFINDER ROAD - At the request of staff, ACA/Susskind explained the rules pertaining to "de novo" hearings. CM/Belanger read a letter addressed to M/Herrera which was signed by the Principal and Assistant Principal of D.B. High School opposing the sale of alcohol at the proposed location because of its close proximity to the school. C/Ansari disclosed that she had spoken with Mr. Salimnia, owner of the proposed site in October while she was campaigning for City Council re-election. M/Herrera opened the Public Hearing. Mr. Shay, speaking on behalf of Mr. Salimnia, pointed out that Denny's Restaurant sells beer and wine next door to the proposed site and adjacent to the high school. He wondered why there are no objections to the sale of cigarettes at the site. M/Herrera said that she had spoken with WVUSD Superintendent Dr. Hockwalt who supported the opposition presented by D.B. High School officials. Lt. Stothers stated that the Walnut Sheriffs Department had no opposition to the application in accordance with the law. However, the department is concerned with the sale of beer and wine in close proximity to the school site. Responding to C/Huff, Lt. Stothers explained that there is a potential for more problems associated with the sale of packaged beer and wine and the potential for passing it along to minors. In response to C/O'Connor, Lt. Stothers explained that he was not aware of problems with the liquor store across the street from Lorbeer Junior High School. DCM/DeStefano responded to M/Herrera that the ABC is concerned when alcohol is sold within 600' of a school facility. D.B. High School is approximately 80' from property line to property line. Mr. Shay stated that no Sheriffs Department sting operation has proven that the existing operation has caused any problems with the high school. Mr. Salimnia and his employees are very diligent in checking identifications. DECEMBER 16, 1997 PAGE 7 Responding to C/O'Connor, DCM/DeStefano stated that 6 gasoline stations currently sell packaged beer and wine in D.B. C/O'Connor pointed out that grocery stores, restaurants and liquor stores which sell alcoholic beverages are situated in close proximity to other schools. C/Ansari said that Mr. Salimnia has run a good business for many years, however, she is concerned about the sale of alcoholic beverages within close proximity to the high school. There being no further testimony offered, M/Herrera closed the Public Hearing. C/Huff said he is concerned about the proximity to the high school even though the operation is well-run. He believed Council should exercise discretion in this matter. MPT/Chang also expressed concern about the proximity to the high school and indicated that he had spoken to parents of high school students who expressed opposition to the proposal. C/Huff moved, C/Ansari seconded, to deny the appeal, uphold the Planning Commission's decision and direct staff to return with a Resolution of Denial on January 6, 1998. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - O'Connor ABSENT: COUNCIL MEMBERS - None 8. OLD BUSINESS: 8.1 COUNCIL COMMITTEE APPOINTMENTS - Continued from December 2, 1997. M/Herrera announced the following Committee and Ad Hoc Committee appointments: COMMITTEE Calif. Contract Cities Association CLOUT Herrera O'Connor Ansari O'Connor DECEMBER 16, 1997 PAGE 8 E. San Gab. Vly. Planning Committee Planning Directors Sub -Committee: DeStefano Foothill Transit Zone Huff Four -Comers Transportation Group Huff Chang League of Calif. Cities - L.A. County Div. Herrera Chang L.A. County Sanitation District No. 21 Huff Herrera L.A. County City Selection Committee Herrera Chang San Gab. Vly. Commerce & Cities Consortium Ansari Chang San Gab. Vly. Council of Governments Herrera Huff Greatest L.A. County Vector Control Dist. MacBride So. Calif. Assn. of Governments (SCAG) Chang O'Connor So. Calif. Joint Powers Insurance Authority Herrera Wildlife Corridor Conservancy Joint Powers Herrera O'Connor CITY COUNCIL AD HOC COMMITTEES Finance Herrera/O'Connor Industry Materials Recovery Facility (MRF) City On -Line Technical Huff/O'Connor Cable TV Franchise Herrera/Chang Sister City Huff/Chang Walnut Valley Unified School District Huff/Ansari Pomona Unified School District Chang/O'Connor Economic Development Herrera/Chang Redevelopment Huff/Ansari DECEMBER 16, 1997 PAGE 9 City Council Goals/City Manager Evaluation Herrera/Chang Liaison Committee to Surrounding Cities Huff/Herrera Chamber of Commerce Liaison Ansari Diamond Bar Parks Master Plan O'Connor/Huff Senior Citizen Liaison Ansarl/Chang Legislative Ansari/Herrera City Anniversary Liaison O'Connor TASK FORCES M/Herrera explained that the objectives of the Solid Waste Standards Task Force will be to look at the feasibility of exclusive franchise for one company or to consider a multiple exclusive franchise where the City would be divided into sections or to consider just remaining an open market. Another would be to look at the City's requirement to comply with AB939 which we must accomplish by the year 2000 whereby cities have to divert 50% of our waste stream. This Task Force will review and recommend the best approach for the City to comply with AB939; consider legislative solutions; one possibly being to extend the deadline to the year 2005; review recycling requirements; review recycled material markets such as some items that are recycled—is there a market for them --and make recommendations to the City Council. Ground rules for this Task Force --everyone is entitled to their opinion and is entitled to express their opinion and is entitled to receive respect and courtesy from others. Asking that they keep to the subject matter; to the task at hand so that they can remain focused and declared that the Task Force will conclude its work by June 30, 1998 and make a recommendation to the City Council at the second meeting in July. Membership is as follows: Solid Waste Standards (ends June 30, 1998) MEMBERS Huff (Chair) O'Connor 1 Rep from Waste Management 1 Rep from USA Waste 1 Rep from DBIA 1 Rep from Chamber of Commerce City Staff as needed 15 citizens (3 appointments by each DECEMBER 16, 1997 PAGE 10 Council Member, 1 single family resident, 1 multi- family resident, 1 commercial) M/Herrera explained that the Off -Site Parking Task Force objectives will be to identify the issues—shall the City prohibit over -sized vehicles—shall the City prohibit extended parking which would be greater than 24 hours at a time in residential areas. I would like the Task Force to review the laws that are currently in place; review solutions adopted by surrounding cities; make recommendations for possible solutions for the problems identified. The rules are going to be same as for the other Task Force because this one is a very emotional topic; has come up many times; has been to Traffic & Transportation Commission twice. Primary rule: everyone is entitled to express their opinion, everyone is entitled to respect and courtesy from others. I would like them to keep to the subject matter and to stay focused. This Task Force will conclude its work by June 30, 1998 and make a recommendation to Council which will be presented at the July 7th meeting. Membership will be as follows: Off -Site Parking (ends June 30, 1998) MEMBERS Joyce Colby (Chair) Herrera Ansari 1 Rep from DBIA 1 Rep from Chamber of Commerce City Staff as needed 26 citizens (6 appointments from each Council Member 8.2 APPOINTMENT OF PARKS & RECREATION COMMISSIONERS - MPT/Chang nominated, seconded by C/O'Connor to appoint Patti Anis to fill the unexpired term of Commissioner Tye ending February 28, 1998. Nomination confirmed by Roll Call vote as follows: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Huff announced that he was not prepared to offer a nomination for the vacancy left by Commissioner O'Connor. DECEMBER 16, 1997 PAGE 11 9. NEW BUSINESS: 9.1 DISCUSSION OF FUTURE WORKSHOPS AND TOPICS - M/Herrera announced that she will conduct a study session on January 6, 1998 to discuss City Hall office facilities. Future study sessions will be scheduled to discuss strategic planning and goal setting. Further, the first of four Development Code workshops will be conducted on January 6, 1998 prior to the regular City Council meeting. C/O'Connor suggested that the City sponsor an electric deregulation seminar and invite companies that propose to offer electrical services an opportunity to speak and answer questions. 9.2 DEVELOPMENT CODE PROGRESS REPORT - DCM/DeStefano reported that on December 9, 1997, the Planning Commission concluded its public review and preparation of the Draft Development Code. The Commission recommended that the City Council adopt the Development Code which incorporates new Zoning, Land_ Use Regulations and City Design Guidelines. Following discussion, Council concurred to schedule Development Code Public Hearings during its January and February, 1998 regular meetings. 9.3 RESOLUTION NO. 97-75: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING WCCA PROCEDURAL CHANGES FOR THE APPOINTMENT AND REAPPOINTMENT OF WCCA ADVISORY COMMITTEE MEMBERS - C/Ansari believed that WCCA should develop criteria for advisory committee member selections. C/Huff and M/Herrera expressed concerns about the WCCA's lack of accountability and effectiveness with respect to the City of D.B. C/Huff moved, C/Ansari seconded, to adopt Resolution No. 97-75 opposing proposed procedural changes for the appointment and re- appointment of members to the WCCA Advisory Committee. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.4 OPPOSITION TO THE 'LOS ANGELES COUNTY POLICY REQUIRING THE ESTABLISHMENT OF "AT RISK" YOUTH DECEMBER 16, 1997 PAGE 12 EMPLOYMENT PROGRAMS AS A CONDITION FOR THE RECEIPT OF 1992 AND 1996 PARK BOND ACT MONIES - C/Ansari moved, C/Huff seconded, to direct the Mayor to express the City. Council's strong opposition to the County's policy in writing and requesting that the policy be rescinded. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.5 OPPOSING THE INITIATIVE THAT WOULD PROHIBIT THE AWARDING OF COMPETITIVE CONTRACTS FOR DESIGN AND ENGINEERING SERVICES FOR PROJECTS INVOLVING STATE FUNDS - C/Ansari moved, C/Huff seconded, to establish a policy of opposition and to direct the Mayor to prepare a letter expressing the City's opposition to the June, 1998 initiative to prohibit competitive contracts for design and engineering services related to projects that involve State funds. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor MPT/Chang,M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.6 PROPOSITION 208 - OBJECTION TO INTERPRETATION PROMULGATED BY FAIR POLITICAL PRACTICES COMMISSION REGARDING DEPOSIT OF SURPLUS CAMPAIGN FUNDS - Alan Wilson suggested that the State could return the funds to cities through block grants. C/Ansari moved, MPT/Chang seconded, to support the proposed regulation drafted by Richards, Watson & Gershon to be considered by the Fair Political Practices Commission in January, 1998, expressing opposition to the prior interpretation that Proposition 208 intended that surplus campaign funds should be deposited into the State's General Fund; but, rather, that such funds should be returned to the General Fund of the jurisdiction in which a candidate ran for office. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None DECEMBER 16, 1997 PAGE 13 9.7 URGENCY DISCUSSION REGARDING CONTRACT FOR ADDITIONAL SERVICES WITH ULTRASYSTEMS, INC. FOR FINAL EIR REVIEW OF THE CITY OF INDUSTRY'S EASTERLY INDUSTRIAL FACILITY - not to exceed $10,000 for preparation of the City's response. C/O'Connor moved, C/Huff seconded, to approve retention of Ultrasystems, Inc. in an amount not -to -exceed $10,000. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor MPT/Chang,M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None RECESS TO REDEVELOPMENT AGENCY MEETING: 10:02 p.m. RECONVENE CITY COUNCIL MEETING: M/Herrera reconvened the City Council meeting at 10:06 p.m. 10. COUNCIL SUBCOMMITTEE REPORTS: C/Ansari reported that, with respect to last week's Solid Waste Committee meeting, SCAG is attempting to establish a 50% source reduction law by the year 2010. Further, she reported that she and MPT/Chang attended last week's Senior Citizen's Christmas Breakfast and that the MTA will review proposed 1998 projects on January 15, 1998. She reminded Council that the City must continue to pursue funding for the SR 57/60 2000 interchange project. She indicated that the City is pursuing, -. pportunities for recovering additional property tax monies. 11. COUNCIL COMMENTS: 12. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 10:17 p.m. in memory of Susan Lee. LY DA BURGESS, City Clerk ATTEST: