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HomeMy WebLinkAbout11/2/1999 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 2, 1999 CLOSED SESSION: 5:15 p.m., Room CC -8, SCAQMD Building, 21865 E. Copley Drive. MPT/O'Connor recused herself from participation in this Closed Session. a) Conference with Legal Counsel - Existing Litigation, Government Code Section 54954.5: City of D.B. vs. State of California - Jack Rubens, Richards, Watson & Gershon, announced the decision of the Department of Developmental Services to not rescind the environmental document even though the project was rescinded. The Mitigated Negative Declaration remains in full force and effect. Council directed Mr. Rubens to file an appeal of the Trail Court decision if the State does not rescind the Mitigated Negative Declaration by December 1, 1999. b) Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a) - Barbara Beach-Courschene, et al vs. D.B. Redevelopment Agency, Case No. BC175655 - no reportable action taken. c) Conference with Legal Counsel - Existing Litigation, Government Code Section 54954.5: S. Warren -Jackson vs. City of Diamond Bar, EEOC Case No. 340991840 - no reportable action taken. Closed Session adjourned at 6:30 p.m. 2. CALL TO ORDER: . Mayor Chang called the regular City Council meeting to order at 6:35 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 Pro Tem O'Connor, 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; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Diamond Point Elementary School. The National Anthem was sung by -- "OUTASIGHT", (Eli Del Rio, Otis Albert and Robert Smith) INVOCATION: The Invocation was given by Dr. Ted Martinez, Evangelical Free Church of Walnut. NOVEMBER 2, 1999 PAGE 2 CITY COUNCIL APPROVAL OF AGENDA: Mayor Chang added two items to Special Presentations, Certificates, Proclamations. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presentation by students from Diamond Point Elementary School - Pledge to be "Drug Free". 3.2 Presented Certificates of Recognition to members of "OUTASIGHT". 3.3 Presented Certificate of Recognition to Steven Acciani, Los Angeles County Teacher of the Year 2000. 3.4 Presentations made to City Employees Recognizing Five and Ten Year longevity. PUBLIC COMMENTS: Marie Elena Arenas, District Manager for Starbucks Coffee, announced the opening of the new Starbucks store on Saturday, November 6 at 6:00 a.m. She thanked the City's Planning staff for their support and assistance. Clyde Hennessee believed that the City should proceed with haste to annex its sphere of influence. Jeff Koontz, Executive Director, Chamber of Commerce, welcomed Starbucks to the community. He announced a Chamber Mixer to be held at Platinum Restaurant on November 3. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION MEETING - November 9, 1999 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.2 VETERANS DAY - November 11, 1999 - City Hall offices will be closed in observance of Veteran's Day. City offices will reopen on Friday, November 12, 1999. 5.3 CITY COUNCIL MEETING - November 23, 1999 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.4 TRAFFIC & TRANSPORTATION COMMISSION MEETING - November 18, 1999 - 7:00 p.m., SCAQMD, Room CC -2, 21865 E. Copley Dr. NOVEMBER 2, 1999 PAGE 3 CITY COUNCIL 5.5 PARKS & RECREATION COMMISSION MEETING - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.6 SMALL BUSINESS SEMINAR - (Import -Export, the Ins and Outs) November 23, 1999 - 7:00 p.m. to 9:00 p.m., Room CC -6, SCAQMD Headquarters Building, 21865 E. Copley Dr. 5.7 COLLEGE PREPARATION SEMINAR - February 5, 2000, 2:00 p.m. to 4:00 p.m. at D.B.H.S. 6. CONSENT CALENDAR: C/Herrera moved, C/Ansari seconded, to approve the Consent Calendar with the exception of Item No. 6.8. 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 - Regular Meeting of October 19, 1999 - as submitted. M/Chang abstained. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular Meeting of September 28, 1999. 6.3 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of September 9, 1999. 6.4 APPROVED VOUCHER REGISTER - dated November 2, 1999 in the amount of $789,238.21. MPT/O'Connor recused herself from voting on the following items relating to the Lanterman Forensic Confinement Project: P.O. 9009 in the amount of $1,471.45; P.O. 9354 in the amount of $34,978.13, and P.O. 9355 in the amount of $10,605.00 6.5 REVIEWED AND APPROVED TREASURER'S REPORT - for September, 1999. 6.6 APPROVED NEW TEN-YEAR COMMUNICATIONS SITE LEASE FOR THE EASTGATE RESERVOIR SITE - authorized execution of a new ten-year Communications Site Lease with the Walnut Valley Water District. 6.7 APPROVED PURCHASE ORDER FOR HOLIDAY BANNERS - authorized purchase of up to 148 holiday vertical banners from Dekra-Lite in an amount not to exceed $33,900. MPT/O'Connor NOVEMBER 2, 1999 PAGE 4 CITY COUNCIL — voted NO. 6.9 APPROVED CONTRACT AMENDMENT WITH KLEINFELDER, INC. FOR CONSTRUCTION SERVICES FOR THE MINNEQUA REMEDIATION PROJECT - for grading observation, laboratory testing and project management in an amount not to exceed $25,674_ MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.8 SECOND READING OF ORDINANCE NO. 13(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING ADMINISTRATIVE PROCEDURES AND PENALTIES FOR CERTAIN VIOLATIONS OF THE DIAMOND BAR MUNICIPAL CODE AND AMENDING THE DIAMOND BAR MUNICIPAL CODE - On October 19, 1999, Council reviewed the Code Enforcement Policy and approved first reading of Ordinance No.13(1999) adopting administrative procedures and penalties for violations of the Municipal Code. In addition, Council adopted Resolution No. 99-77 establishing fines and penalties for violations of the Municipal Code. The use of proactive code enforcement policies and civil citation procedures is designed to improve the timeliness and effectiveness of the code compliance program. MPT/O'Connor requested that the Ordinance be corrected to read "all violations" rather than "certain violations." Following discussion, C/Ansari moved, C/Herrera seconded, to waive full reading, approve second reading by title only and adopt Ordinance No. 13(1999) establishing administrative procedures and penalties for certain violations of the Diamond Bar Municipal Code and amending the Diamond Bar Municipal Code, and setting a one year review period with the subcommittee in August, 2000. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, MPT/ O'Connor, M/Chang NOES: COUNCIL MEMBERS - Huff ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: 7.1 RESOLUTION NO. 89-97N: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL - All cities are required to adopt conflict of NOVEMBER 2, 1999 PAGE 5 CITY COUNCIL interest codes designating certain positions participating in making decisions which may affect financial interests. Since adoption of the City's Code on October 3, 1989, amendments have been necessary to add new positions or delete obsolete positions. M/Chang opened the Public Hearing. There being no testimony offered, M/Chang closed the Public Hearing. C/Herrera moved, C/Ansari seconded, to adopt Resolution No. 89- 97N adding the positions of Community Services Assistant, Public Works Supervisor, Recreation Superintendent, Senior Accountant and Senior Administrative Assistant and deleting the positions of Accounting Manager, Administrative Analyst, Assistant City Manager and Transportation Planner. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/ O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. OLD BUSINESS: MPT/O'Connor recused herself from discussion of the Lanterman matter and left the dais. 8.1 STATUS OF LANTERMAN DEVELOPMENTAL CENTER'S PROPOSED FORENSIC CONFINEMENT COMPOUND PROJECT - report given by C/Herrera regarding her meeting with Clifford Allenby at the State Department of Developmental Services. C/Herrera stated that she, C/Huff and CM/Belanger met with Clifford Allenby on Friday, October 29 for about 90 minutes. One of the primary questions that the group asked Mr. Allenby was to rescind the Mitigated Negative Declaration. Mr. Allenby stated that that was not completely within his department's power to do so and that it would take joint action by his department as well as the legislative branch, which would include the Governor, and that he would be meeting with the Governor to discuss the rescission. The project of Forensic Severe Behavioral that was slated for Lanterman has been rescinded and the Department of Developmental Services does not know what programs they will now have at Lanterman. They have a lot of clients that need to be shifted from Napa, which is very overcrowded. At this time, the NOVEMBER 2, 1999 PAGE 6 CITY COUNCIL State does not have a clear plan for shifting clients of certain categories to which locations. The group stated that there was tremendous concern on the part of the community and that the community needed to understand the whole category of severe behavioral. Mr. Allenby then stated that it was probably time to start assigning administrators from the Department of Developmental Services to begin holding community meetings in order to better inform the public. He made a commitment that, prior to recommending any program for Lanterman, he would first communicate that recommendation to D.B. and its residents through C/Herrera. This recommendation will be forthcoming prior to January 10. The bulk of the $4.9 million dollars originally allocated to Lanterman remains in place and it is not known how this money will be used. If there is a modification in the original plan, it needs to be submitted by the Department of Developmental Services to the State Legislature prior to January 10, 2000. Whatever it is that they decide to do, Mr. Allenby clearly made the commitment that he would first communicate that information to the City through C/Herrera. She reported that they were disappointed that the Mitigated Negative Declaration was not withdrawn and they made it very clear that if it was not withdrawn, that the City may very well be filing an appeal. In fact, during tonight's closed session, Council authorized an appeal of the case in the event that the State does not withdraw the Mitigated Negative Declaration by December 1, 1999. C/Huff stated that the proposal for the State to rescind the Mitigated Negative Declaration was intended as a demonstration of good faith on the part of the State. Everyone is saying that the project has been abandoned and that we've won and yet the State is holding an environmental document that can be enacted. Mr. Allenby says that he wants to help heal the wounds of the community and bring better understanding. to the residents. The Advisory Committee felt that the first thing the State could do to help reinstate trust about Lanterman and the State was to withdraw the document. There is much confusion with respect to what has occurred. The forensic program that was proposed has been dropped. That does not mean that the State will not do something in the future. Now that the community has a heightened awareness, we will monitor what the State is doing and make sure that what they propose is compatible with the community. Just because one hurdle has been cleared does not mean that others will not present themselves in the future. In this case, there may never be a conclusion to this matter. The cities won the lawsuit but it does not mean that there is not some other plan in the works. As a result, a commitment level of the Council and the community needs to be maintained. In the meantime, the citizens can continue NOVEMBER 2, 1999 PAGE 7 CITY COUNCIL to write letters to the Governor expressing concern about the environmental document. CM/Belanger stated that the project, which was designed and proposed by the State of California, was rescinded. In order for them to move forward with another project, the State would have to go through the same process they went through to get to where they were when they proposed the project for approval earlier this year. Anything the State does in the future will require the same process and any such project is something that the City would be fully aware of. One of the recommendations by Special Counsel is that the City should continue to keep in contact with various State departments and regularly request information from them as a way of monitoring their efforts. The City will use whatever means are at its disposal to continue to monitor what it is that the State is doing. To date, the State has expended about $500,000 to $750,000 of the $4.9 million allocated. C/Herrera explained that the State had three years from the time the monies are allocated in which to spend the money or submit a modification of the plans or a modification of the intent for the use of the funds. Approximately half of that time has passed and 18 months remain, so the State is compelled to figure out how they want to proceed. There are 150,000 clients in the developmental category with 70% living at home and 4,000 clients residing within the five developmental centers throughout the State. Many of those facilities are aging and the State is facing facilities problems. There is a need to shift clients from one location to another or to perhaps several smaller locations. As previously stated, Mr. Allenby made the commitment that he will communicate with the City through her prior to determining what will take place at Lanterman. She will keep in close contact with Mr. Allenby to see what is occurring and as soon as she receives any information, she will pass it along to the Lanterman Advisory Committee and the residents. Sue Sisk stated that the Windmill article is misleading. A subsequent article will clarify the issues. She believed that the facility plans to initiate some kind of program and the community needs to remain watchful. She encouraged residents to sign the letter addressed to Governor Davis requesting that the State rescind the Mitigated Negative Declaration, be aware that the community is opposed to any severe behavioral program at Lanterman, and that the State provide notice to the adjacent communities of any plans for Lanterman Developmental Center. MPT/O'Connor returned to the dais. NOVEMBER 2, 1999 PAGE 8 CITY COUNCIL 8.2 RESOLUTION ON 99-02A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1999-2000 - Continued from October 19, 1999. In January, 1999, Council approved the 1999- 2000 funding allocations for the Community Development Block Grant (CDBG) Program. In January, the City was limited to allocating a maximum of 15°x6 ($55,929) to public service projects. Due to the limitation, the City could not fund a majority of the public service requests. In August 1999, the City was informed of the authorization to allocate up to 25°x6 of the total allocation for public service projects, an additional $37,286 for a total public service authority of $93,215. The City has unallocated CDBG funds that can be used for public service projects. All projects that requested CDBG monies are not being funded. The Finance Subcommittee reviewed the additional funding recommendations. Alison Meyers, Associate Branch Director, D.B./Walnut YMCA, thanked the Council for the opportunity to receive additional funds. To date, all of this year's funding for Day Camp has been expended. With the Council's assistance, there will be monies available to fund Day Camp for the rest of the year. Richard Martindale and Priya Mohan, Center for Independent Living, asked for Council's support of their programs. C/Ansari moved, C/Huff seconded, to adopt Resolution No. 99-02A amending the City's Community Development Block Grant Program for Fiscal Year 99-2000 and authorizing the City Manager to sign all necessary documents. 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: None RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the City Council Meeting to the Redevelopment Agency at 8:40 p.m. RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Council Meeting at 8:50 p.m. NOVEMBER 2, 1999 PAGE 9 CITY COUNCIL 10. COUNCIL SUBCOMMITTEE REPORTS AND COUNCIL MEMBER COMMENTS: C/Huff said that regardless of the election outcome, it has been a pleasure working with his colleagues in representing the members of the community. He spoke about political propaganda which alleged that he and C/Herrera engaged in a "backroom" deal to bring the Lanterman Forensic process to the City. He stated that Lanterman is a State project in a neighboring city. Nothing D.B. did could possibly bring this to the community. Council discussions are held in the light of the day and it is unfortunate that people resort to negative political tactics. C/Ansari commented on her testimony on behalf of the Water Policy Committee at the meeting of the Associated Water Agency on October 19. She is concerned about Southern California receiving its fair allotment of water as a result of the forthcoming bond issue, 65% of which will be paid by southern California. She attended senior citizens' functions during the past two weeks and commented that "they really know how to give a party." She is a member of Southern California Association of Governments (SCAG). The organization has been experiencing problems. Tomorrow, the organization will hold a retreat. She will keep the community posted. She attended the Walnut Valley Candidate Forum. She and MPT/O'Connor serve on the Millennium Committee. The location has been moved to the Country Hills Towne Center due to public concerns with holding the event at the intersection of Grand Ave. and D.B. Blvd. She commented on today's election. C/Herrera stated that she appreciated citizens who exercised their right to vote. She spoke about the lies that were circulated during the campaign. She emphasized that as she receives information from Clifford Allenby regarding Lanterman, she will share this information with the Council, the Lanterman Advisory Committee and with the citizens of D.B. She thanked her supporters and asked the community to remain vigilant with respect to Lanterman concerns. MPT/O'Connor spoke about activities that occurred in the City during the last two weeks: On October 20, D.B. hosted the Contract Cities Association. More than 120 colleagues from 40 different cities participated. She thanked staff for the excellent preparation. Featured speaker, Gil Garcetti, District Attorney, was involved in an accident on the way home and thankfully was not injured. On October 21, a Skate Park Design meeting was held during which the concerned youth reviewed proposed designs. The location being considered for the facility is at Peterson Park. A second information notice will be sent to the residents in the area. On October 22, she spoke before a third grade class at Mt. Calvary about how City government works. That evening, she represented D.B. at the first CalPoly Pomona Founders Day Celebration at the Disneyland Hotel. On October 23, the Chamber's Business Expo NOVEMBER 2, 1999 PAGE 10 CITY COUNCIL was well represented by the vendors. She also spoke about the Chamber's New Member Mixer. Last week was Red Ribbon week at the schools. She attended Diamond Point Elementary School and Golden Sprins Elementary School's observances. On October 28, she attended an 11 Anniversary meeting, which will be held in April 2000. Regarding the Millennium Celebration, she and two City staff members visited every business in the Country Hills Towne Center, three of which were closed, to insure their approval of locating the celebration in their shopping center. No businesses were opposed. The next step is to contact area residents. She stated that Pop Warner held a four-day festival at that location and there did not appear to be any problems. She asked staff to review the contract for a fiscal analysis of the proposed community center. The 60 - day contract was awarded on August 3 and it is now 90 days later and the information is not available. She asked for a report on a remedy of this situation. M/Chang announced absentee election results. He concurred with his colleagues who stated that there have been no Council "backroom" deals. The Council is very careful to comply with all of the laws that pertain to the business of the City. The Council's primary intent is to truthfully represent the facts to the community. He spoke about attending the SRA gathering in China and Hong Kong. 11. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the meeting at 9:18 p.m. in memory of Rose Becker, Judith Morris, Robin Schuller and Glenn Thomas, to Tuesday, November 23, 1999. ATTEST: M yor ! f LYNDA BURGESS, City Clerk