HomeMy WebLinkAbout10/19/1999 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
OCTOBER 19, 1999
CLOSED SESSION: None
2. CALL TO ORDER: Mayor Pro Tem O'Connor called the City Council
meeting to order at 6:17 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, and
Mayor Pro Tem O'Connor. Mayor Chang was excused.
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:
C/Ansari.
The Pledge of Allegiance was led by
— INVOCATION: The Invocation was given by Pastor Larry
Grigsby, Calvary Chapel.
APPROVAL OF AGENDA:
As presented.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Proclaimed October, 1999 as "Crime Prevention Month."
3.2 Proclaimed October 24-30, 1999 as "Red Ribbon Week."
3.3 Proclaimed October 28, 1999 as "Immigration Day."
4. PUBLIC COMMENTS: Jerry Hamilton said he was told by the California
Highway Patrol that they expect many problems during the long weekend of
December 31, 1999 through January 2, 1999. One of the main problems
will be drinking and driving. He charged the city and Sheriff's Department
to go on the offensive rather than the defensive and put a sobriety
checkpoint at northbound D.B. Blvd. north of Pathfinder Rd.
Red Calkins expressed concern about fireworks being used by the City
during the Millennium Celebration because the surrounding areas are much
too dry. He indicated that he spoke to a lawyer about the City's ordinance
prohibiting fireworks.
OCTOBER 19, 1999 PAGE 2 CITY
COUNCIL
Martha Bruske suggested
community as quickly as
participation of its citizens.
that immigrants become involved in their
they can because government requires the
Nancy Wright, Director of Fiscal Services, Mt. San Antonio College, spoke
in support of Measure M.
Tom Ortiz thanked the League of Women Voters and the Chamber of
Commerce for conducting the Candidates' Forum on October 18. He
supported the passage of Measure M.
Paul Vessov again informed the Council that there is one nut missing on the
base of the traffic signal at the corner of the double driveway entrance on
D.B. Blvd. to the Country Hills Towne Center.
MPT/O'Connor stated that, in response to Mr. Hamilton's concern, three
safety checkpoints have been conducted in the past year and a half: North
D.B. Blvd. by Sunset Crossing, south D.B. Blvd. between Brea Canyon Rd.
and Cold Springs Ln., and Grand Ave. between Montefino Ave. and D.B.
Blvd. last New Year's Eve. The issue regarding fireworks at the Millennium
celebration will be addressed during discussion of Agenda Item 8.1.
5. SCHEDULE OF FUTURE EVENTS:
5.1 1-10 FREEWAY TWO LANE CLOSURE - October 22-25,1999 - Two
eastbound lanes will be closed from 8:00 p.m. October 22 to 5:00
a.m. October 25.
5.2 D.B. Chamber of Commerce Business Expo and Job Fair - October
23, 1999 - 9:00 a.m. to 3:00 p.m., K -Mart Shopping Center parking lot.
5.3 LANTERMAN FORENSIC CONFINEMENT COMPOUND ADVISORY
COMMITTEE - October 25, 1999 - 7:00 p.m., SCAQMD Room CC -2,
21865 E. Copley Dr.
5.4 PLANNING COMMISSION - October 26, 1999 - 7:00 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
5.5 SMALL BUSINESS SEMINAR - "Budgeting Inventory and Loans -
7:00 p.m. - 9:00 p.m., SCAQMD Room CC -6, 21865 E. Copley Dr.
5.6 PARKS & RECREATION COMMISSION - October 28, 1999 - 7:00
p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr.
OCTOBER 19, 1999 PAGE 3 CITY
COUNCIL
5.7 HALLOWEEN FESTIVAL - Heritage Park Community Center -
October 31, 1999 - 3:00 p.m. to 10:00 p.m., 2900 S. Brea Canyon Rd.
5.8 ELECTION DAY - November 2, 1999 - Polls open from 7:00 a.m. to
8:00 P.M.
5.9 CITY COUNCIL MEETING - November 2, 1999 - 6:30 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR: C/Huff moved, C/Herrera seconded, to approve
the Consent Calendar as presented. Motion carried by the following Roll
vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - M/Chang
6.1 APPROVED MINUTES:
6. 1.1 Town Hall Meeting - October 5, 1999 -As submitted.
6.1.2 Regular Meeting of October 5, 1999 - As amended.
6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES:
6.2.1 Regular Meeting of August 24, 1999.
6.2.2 Regular Meeting of September 14, 1999.
6.3 RECEIVED AND FILED TRAFFIC & TRANSPORTATION
COMMISSION MINUTES - Regular Meeting of July 8, 1999.
6.4 APPROVED VOUCHER REGISTER - dated October 19, 1999 in the
amount of $549,687.30.
6.5 ADOPTED RESOLUTION NO. 96-53K: 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 - adding the proposed new Recreation
classifications.
7. PUBLIC HEARINGS:
7.1 (a) ORDINANCE NO. 13(1999): AN ORDINANCE OF THE CITY
OF DIAMOND BAR ESTABLISING ADMINISTRATIVE
OCTOBER 19, 1999 PAGE 4 CITY
COUNCIL -
PROCEDURES AND PENALTIES FOR CERTAIN VIOLATIONS OF
THE DIAMOND BAR MUNICIPAL CODE AND AMENDING THE
DIAMOND BAR MUNICIPAL CODE
(b) RESOLUTION NO. 99-77: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING
PENALTIES FOR CERTAIN VIOLATIONS OF THE CITY OF
DIAMOND BAR MUNICIPAL CODE - The City Council Subcommittee
met with staff to review code enforcement policies and procedures.
The current enforcement policy is to operate on a "complaint only" or
"reactive" basis. The Subcommittee has recommended utilizing
"proactive" code compliance policies incorporating civil citation
procedures to gain timely and effective compliance. On October 5,
1999, Council considered establishing administrative procedures to
gain timely and effective compliance.
In response to MPT/O'Connor, DCM/DeStefano explained that, as a
result of her discussion with staff, the following changes were
recommended: 1) the document be clarified to indicate an adoption
date of November 2, 1999 with an effective date in December. 2) On
Page 5 of Civil Citation Procedures, Section 1, 1.1 General Purpose,
that In October. 1999 be stricken and that the sentence read: "The
City Council has approved the Civil Citation Ordinance (No. 99 -XX)
which establishes an alternative enforcement tool." 3) On Page 7 of
Civil Citation Procedures, under 2.1 Hearing Request A., add and the
Administrative Hearina Fee to the second sentence so that the
sentence reads: "Any recipient of a Civil Citation may contest that
there was a violation of the Code or that he or she is the responsible
person by completing an Administrative Hearing Request Form and
returning it to the City within thirty (30) days from the date of the Civil
Citation, together with an advance deposit of the fine, unless waived
and the Administrative Hearing Fee pursuant to Section 1.04.090 of
Ordinance No. 99 -XX." On Page 15 of Civil Citation Procedures
subsection 3.6 A., reword to read: "If the Hearing Officer is ready to
render a decision, a verbal decision should be tape recorded before
the hearing is closed." On Page 19 of Civil Citation Procedures,
under Section 4.4, the first sentence should be changed to indicate
thirty 30 calendar days instead of ten (10) calendar days. On Page
2, Section 1.04.020, subsection (a), he explained that the Code
Enforcement Official could be any person or persons designated by
the City Manager and could be any member of City staff and would
not necessarily be the responsibility of any single staff member. The
subsection is recommended to read as follows: "A person who has
Penal code citation certification training designated by the City
Manager, etc."
OCTOBER 19, 1999 PAGE 5 CITY
COUNCIL
With regard to the draft Resolution, DCM/DeStefano recommended
the following amendments: 1) strike certain from the first paragraph.
2) strike third and add subsequent in the third and final WHEREAS
paragraph. 3) add the following: "attached hereto and set forth in"
Schedule 1, Paragraph 5 following the word "Penalties" in the first
sentence 4) within Schedule 1 under Section 3. Late Payment
Penalties, indicate that when payment is 61-90 Days late, the Late
Payment Penalty Assessed is 50°% x Fine = Total Penalty Due and
when it is More Than 90 Days, the Late Payment Penalty Assessed
is 100°% x Fine = Total Penalty Due." 5) within the sample Civil
Citation (Page 2 of the Sample Civil Citation) in the right hand column
under subsection 2). TO CONTEST: a. Administrative Hearing, strike
was corrected within the period provided from the third line, and
under sub paragraph b. strike you corrected it within the time
provided from the fourth line. The Civil Citation Administrative
Hearing Request draft form (Page 2 of Appendix V), Date Request
Received: should indicate that this is for City Use Only. Under
Appendix VII, Page 2, the Schedule is a schedule of the common
offenses.
MPT/O'Connor stated that the first WHEREAS needs to refer to all
violations instead of certain violations in the second line.
MPT/O'Connor opened the Public Hearing.
Martha Bruske believed that the proposed ordinance is unnecessary
at this time. She is concerned about confidentiality in reporting
violations and recommended that all complaints go directly to the City
Manager and have him assign the complaint out for follow up.
Clyde Hennessee said the City needs an ordinance to enforce
compliance but should not be oppressive.
There being no further testimony offered, MPT/O'Connor closed the
Public Hearing.
DCM/DeStefano responded to Mr. Hennessee that the Ordinance
would be added to the existing process. In response to Mrs. Bruske,
he explained that the City is not concerned with who the complaining
party is. Often the complaining party wants a follow up as to the
status of their complaint in which case the name of the complaining
party is recorded. The City personally visits every complaint received
to verify that there is a problem. If initial verbal communication fails
to remedy the situation, a written letter is sent to the alleged violator.
If, under this process, those remedies are not effective, there is the
OCTOBER 19, 1999 PAGE 6 CITY
COUNCIL
ability to write a citation to attempt to gain compliance. If the situation
is not remedied within 30 days of citation issuance, a second citation
may be issued, which carries a greater penalty. The third citation
carries an even greater penalty. Beyond that, it becomes a
misdemeanor and a court process. Could someone have the same
problem and be cited year after year? It is possible. However, once
the person gets the third offense for the same violation, the courts will
conclude that if the issue comes up again, it is possible that someone
could be cited for the same offense. This is an unpredictable
situational matter.
MPT/O'Connor reiterated that over 95% of residents respond to
verbal warnings. This ordinance addresses the 5% who do not
respond to verbal and written communication.
In response to C/Huff, DCM/DeStefano indicated that the ordinance
states that any one of the stated methods could be used. The
aforementioned is the typical process. If there is a matter of
immediate concern for public safety, the City will be more demanding
in an attempt to achieve compliance. There will always be a warning
prior to citation issuance.
C/Huff recommended that the Council conduct a 6 or 12 month review
of the ordinance following implementation.
CA/Jenkins recommended that the following be added to Page 1,
Section 1.04.010 (c) of the Ordinance: Change the ending period to
a comma after the word "period" and add the following language: "and
upon conviction thereof, shall be punishable by a fine not exceeding
$1,000 or by imprisonment not exceeding six (6) months or by both
such fine and imprisonment."
C/Herrera moved, C/Huff seconded, to approve first reading by title
only, Ordinance No. 13(1999) and adopt Resolution No. 99-77 as
amended by staff and the City Attorney. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari, M/Chang
8. OLD BUSINESS:
8.1 DISCUSSION OF PLANNING STATUS OF MILLENNIUM
CELEBRATION:
OCTOBER 19, 1999 PAGE 7 CITY
-- COUNCIL
In response to C/Herrera, CSD/Rose explained that there will be
access into the shopping centers until the celebration begins at 7:00
p.m. The Fire Department will be on hand to handle unforseen
problems with fireworks, should any arise.
In response to C/Ansari, CSD/Rose stated that parking may be
provided at Quail Summit Elementary School. The committee will be
working on this issue. Very large signs will be placed on Grand Ave.
and D.B. Blvd. at the beginning of December advising the public of
the scheduled intersection closure.
C/Ansari and C/Huff expressed concerns about the impacts to
residential neighborhoods and the need for community outreach for
area residents and, most particularly, residents in the Quail Summit
area.
Deputy Perkins explained that the Sheriffs Department is planning
the process for the signs as well as traffic control efforts on main
thoroughfares and in residential areas. Even with the scheduled
event, it was anticipated that there will be a low traffic count and low
impact to residents within the five hour period. He also spoke about
alcohol checkpoints. There will be 16 Sheriffs Deputies assigned to
the celebration area.
C/Huff reiterated his concerns regarding the impact to residents and
asked if the committee had considered having the event at another
location such as K -Mart or Peterson Park.
CSD/Rose responded that the subcommittee had considered other
locations. However, since this is supposed to be a main event, it
should be held at a special location near the center of town.
C/Ansari said that D.B. has never held such an event as the
Millennium celebration. Other cities such as Fullerton have held
events in the center of their communities.
CSD/Rose again explained events held by other cities.
Steve Parker, Store Director of the Lucky Market at the intersection
_ of Grand Ave. and D.B. Blvd. felt that the Millennium celebration
would greatly impact their ability to conduct business that day. It is
one of the three busiest days of the year for his firm. He estimated
that he would lose about 50% of the store's business on that day
because of this event. The store did not receive notice until October
9. He wanted to persuade the Council that this event is not in the
OCTOBER 19, 1999 PAGE 6 CITY
COUNCIL
best interest of the businesses in the center.
Audrey Hamilton asked why Council did not hold public hearings
regarding the celebration. Traffic is D.B.'s #1 concern and she felt
that the event would impact thousands of local residents. She
suggested using Sycamore or Peterson Park or parking lots in the K -
Mart Center or Country Hills Towne Center. The plan to close the
intersection of Grand Ave. and D.B. Blvd. is not well received by
residents and businesses.
Jerry Hamilton was concerned about drunk drivers on residential
streets during the celebration.
C/Ansari left the meeting at 7:47 p.m.
Ralph Ruhlen, Ralphs Market, is also concerned about loss of sales.
It is the fourth busiest day of the year for his market and could also
impact his sales. He did not believe that the closure is fair to the —
comers because there are seven banks and two major supermarkets
that will be shut down from 4:00 p.m. on. Additionally, the market is
anticipating some panic buying in anticipation of Y2K, which will affect
the banks.
Grace, D.B. resident and representative of Ralphs Grocery Company,
said the company is very concerned about grocery sales and loss of
banking facilities because it is one of the store's biggest days. ATMs
and banks need to be accessible to accommodate deposits and
withdrawals. If businesses are prevented from making deposits
during the evening hours, they will be left holding a great deal of
cash. She asked Council to reconsider the location of the
celebration.
Martha Bruske said she is opposed to the celebration and urged
residents to boycott the party.
Tom Ortiz spoke in opposition to the celebration.
C/Herrera recommended that the subcommittee take into
consideration all of the concerns expressed during discussion of this
matter and look at ways to mitigate those concerns.
C/Huff suggested looking at other locations such as Peterson Park
and bring back an alternative recommendation at the next Council
meeting.
OCTOBER 19, 1999 PAGE 9 CITY
COUNCIL
MPT/O'Connor assured the residents that the subcommittee will look
into the matter and discuss alternatives based upon tonight's input.
RECESS: MPT/O'Connor recessed the meeting at 9:15 p.m.
RECONVENE: MPT/O'Connor reconvened the meeting at 9:20 p.m.
8.2 STATUS OF LANTERMAN DEVELOPMENTAL CENTER'S
PROPOSED FORENSIC CONFINEMENT COMPOUND PROJECT
- CA/Jenkins stated that, under the rules of the Fair Political Practices
Commission, MPT/O'Connor cannot be counted toward the quorum
if there is a conflict of interest. The quorum is lost on this item. He
suggested that since this is an information item where Council will
receive a report from the City Manager, that the Council lose the
quorum, receive the report and move on to the next item.
MPT/O'Connor recused herself from discussion of this matter and left
the dais.
CM/Belanger stated that there is no longer a proposed Lanterman
Forensic Project. On October 15, 1999, the Superior Court in L.A.
dismissed the litigation between the Cities of D.B., Pomona, Walnut,
County of L.A., residents of D.B. and the State of California. The
primary reason for dismissal of the litigation was because the State
indicated to the Court that they had abandoned this project. The
Attorney General representing the State indicated to the Court that if
a project of this kind was ever again proposed for Lanterman, that
there would be a new environmental process.
C/Herrera reported that the League of California Cities adopted D.B.'s
resolution to require the State of California to give public notice and
in addition, requires universities, community colleges, schools,
counties, cities and special districts to comply with the identical local
public notice requirements with which cities must comply. After
January 1, lawmakers will be approached to carry this legislation to
adoption. She announced that the Lanterman Advisory Committee
will meet on Monday, October 25. She and C/Huff are scheduled to
meet with Clifford Allenby on October 29.
Sue Sisk encouraged residents to write to Governor Davis and
Clifford Allenby asking that the Mitigated Negative Declaration be
rescinded. She encouraged Council to bring this matter to a
conclusion before the end of 1999. She thanked C/Herrera and
C/Ansari for their efforts toward adoption of the City's resolution by
the League of California Cities.
OCTOBER 19, 1999 PAGE 10 CITY
COUNCIL —
C/Herrera thanked Sue Sisk for her due diligence and tremendous
amount of time and work to bring information to the public.
Martha Bruske wanted to know how much longer the City intends to
continue accruing legal fees with respect to the Lanterman issue.
MPT/O'Connor returned to the dais.
8.3 AREA 1 SLURRY SEAL - CHANGE ORDER NO. 1 - The Area 1
Slurry Seal Project is currently in progress and is anticipated to
continue until November 24, 1999. Within this same time frame, most
of the Gateway Corporate Center will be completed with Travelers
Group and Allstate Insurance ready for their Grand Openings.
Although scheduled for Area 2 Slurry Seal, there is tremendous cost
savings and a unique opportunity to slurry seal the Gateway
Corporate Center in concurrence with the Area 1 Slurry Seal Project.
For the Area 1 Project, the City underwent a competitive bid process
to retain Asphalt Maintenance Co. and they have the lowest unit price
for slurry seal. Asphalt Maintenance Co. has proposed the same unit
price for the requested work. The change order amount of $37,406
represents 7% of the total contract amount and is within the allowable
25% of the contract price.
C/Huff moved, C/Herrera seconded, to authorize the City Manager to
approve Change Order #1 with Asphalt Maintenance Co. in an
amount not -to -exceed $37,406. Motion carried by the following Roll
Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS-Ansari,,M/Chang
8.4 RESOLUTION NO. 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 - In January, 1999, Council approved
the 99-2000 funding allocations for the Community Development
Block Grant (CDBG) Program. The City was limited to 15% of the
total allocation for public service projects or $55,929. Due to the
limitation, the City could not fund a majority of the public services
projects. The City funded the Senior Program at $24,429 of the
requested $51,594. In August 1999, the City was informed of the
authorization to allocate up to 25% of the total allocation for Public
Service programs. The City has unallocated CDBG funds that can be
allocated to the Senior Program.
OCTOBER 19, 1999 PAGE 11 CITY
COUNCIL
MPT/O'Connor requested that all other applicants for CDBG monies
be given the opportunity to receive additional funds.
Martha Bruske said that when the Council first allocated CDBG funds,
Project Sister was given no money. She asked Council to divide up
the money among other non-profit organizations or hold this
allocation over until next year but not give it to the senior club at this
time.
CM/Belanger stated that the activities of Project Sister have been
funded through COPS monies during the previous and current fiscal
years. There are three senior clubs that operate under the general
umbrella of senior services. The City's Senior Services Coordinator
provides services to all of those clubs. Part of the recommendation
for the increase is to provide insurance coverage for all three of those
clubs as they use the City's center. In addition, the City provides a
truck for the seniors to pick up bulk foods that are distributed to needy
seniors and funds special events throughout the year. Approximately
200-300 seniors participate in the program.
C/Huff moved, C/Herrera seconded, to continue the matter to
November 2, 1999. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari, M/Chang
8.5 DISCUSSION OF STATUS OF MINNEQUA LANDSLIDE
REMEDIATION PROJECT
(1) ALLOCATION OF CONTRIBUTIONS BY PROPERTY
OWNERS FOR COSTS OF THE MINNEQUA REMEDIATION
PROJECT — In February, 1998, the heavy rainfall which
occurred during the EI Nino condition caused a landslide of
approximately 60 feet wide by 70 feet long in a residential
area, causing five homes to be damaged and yellow -tagged by
the City's Building Official. Council approved and authorized
allocation of CDBG funds for investigation and remediation of
the landslide. The City retained Kleinfelder, Inc. for the
geotechnical investigation/engineering services. Kleinfelder
has prepared plans and specifications to remediate the project.
The project was advertised and 4 bids were received on
August 23, 1999. The lowest responsible bid received was
from Summit Contracting in the amount of $150,000. The City
allocated $50,000 toward the remediation project, which
OCTOBER 19, 1999 PAGE 12 CITY
COUNCIL
leaves $100,000 to be contributed by the 5 homeowners.
The homeowners have worked with an independent
mediator from the Claremont Dispute Resolution Center and
have come to an agreement on the contributions. The City
Attorney is developing an agreement for the homeowners to
sign, which will memorialize the contribution/fair share as
agreed upon by all homeowners. An additional hold -
harmless agreement will also be necessary prior to
commencement of the construction.
Martha Bruske did not understand why the City is participating
in this matter. She wants the City to conduct outreach to
educate homeowners about how to maintain their slopes.
Kathy Krick thanked Council and staff for helping the affected
homeowners on Minnequa Dr. and Sunset Crossing Rd.
C/Herrera asked staff to send information to all homeowners
regarding slope and drainage maintenance along with a
reminder that they are responsible for maintaining their
property.
CM/Belanger stated that information is regularly sent to
homeowners reminding them what they have to do to protect
themselves. Information will be posted on the City's Website
and published in the Windmill, The View and the City's
quarterly Newsletter.
MPT/O'Connor moved, C/Huff seconded, to approve allocation
of contributions by property owners and authorize the City
Manager to sign all necessary documents. Motion carried by
the following Roll Call vote:
AYES: COUNCIL MEMBERS -Herrera, Huff
MPT/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari, M/Chang
(2) AWARD OF CONSTRUCTION CONTRACT FOR THE
REMEDIATION OF THE MINNEQUA LANDSLIDE _
REMEDIATION - On July 30, 1999, plans and specifications
for remediation of the Minnequa Landslide Project were
advertised and sent to nine hillside contractors. Four bids
were submitted and opened on August 23, 1999. The
apparent low bidder is Summit Contracting. Based upon
OCTOBER 19, 1999 PAGE 13 CITY
COUNCIL
related construction projects and past history, Summit Contracting
is a qualified remediation firm.
C/Herrera moved, C/Huff seconded, to award a construction
contract to Summit Contracting for remediation of the Minnequa
Landslide Project in an amount not to exceed $150,000 and
authorized a contingency of $10,000 for project change orders to
be approved by the City Manager, for a total authorization amount
of $160,000. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari, M/Chang
8.6 CONSIDERATION OF VERTICAL HOLIDAY BANNERS - On August
3, 1999, staff received approval from Council to implement a Holiday
Banner program where up to 308 banners would be posted adjacent
to D.B. shopping centers that were willing to split the costs with the
City. Ten shopping centers have expressed a willingness to
participate, and, if the program is implemented as approved, 48
banners would be posted throughout D.B. This represents just over
15% of the proposed locations for banners. The visual impact that
was hoped for from this program will not be achieved with only 48
holiday banners posted throughout the City.
In response to MPT/O'Connor, CSD/Rose indicated that contact was
made with management companies and not the individual business
owners within the shopping centers.
Jeff Koontz, Executive Director, D.B. Chamber of Commerce,
responded to MPT/O'Connor that the Chamber contacted the
management companies for each of the centers. It was determined
that, with the amount of staff the Chamber had to work with,
contacting the individual businesses would have been an impossible
undertaking. The management companies that agreed to participate
in the program agreed upon initial contact and said that they would
pick up the cost because they thought it was good for business. The
management companies that said no were not interested and were
not interested in the Chamber contacting the individual businesses.
The Chamber accepted the response of the management companies
and did not contact the individual businesses.
Martha Bruske stated that it seems unfair to provide funding for those
who do not participate. For lack of interest, the program should be
abandoned at this time.
OCTOBER 19, 1999 PAGE 14 CITY
COUNCIL
Jeff Koontz said that, having put considerable time into this program,
he would prefer that it not be abandoned. He was also concerned
about providing banners to centers that are not participating in the
program. Placing more banners at the City's entrances would be
more appropriate. Pulling out of the program at this point would be
unfair to those who have agreed to participate.
MPT/O'Connor asked if staff expanded on the Chamber's efforts.
CM/Belanger responded that, from staffs point of view, discussions
with shopping centers or businesses was to be provided by the
Chamber. Staff was not involved with follow up or discussion with the
businesses. In order to implement this program, the banners need to
be ordered before the end of this week.
C/Herrera moved, C/Huff seconded, to implement Option #3, post the
48 banners in Option #1, plus an additional 100 banners to achieve
a greater visual impact. Motion carried by the following Roll Call vote: —
AYES:
COUNCIL MEMBERS - Herrera, Huff
NOES:
COUNCIL MEMBERS - MPT/O'Connor
ABSENT:
COUNCIL MEMBERS - Ansari, M/Chang
8.7 CONSIDERATION OF STREET TREE PROGRAM - There are three
species of tree currently outgrowing their 3'x 3' tree wells along the
major arterials: Canary Island Pine, Jacaranda and Brisbane Box.
Staff recommended a species replacement program through attrition
for the Jacaranda (with Chinese Flame Tree) and Brisbane Box (with
Tritania Laurina Tree). An attempt to replace the Canary Island Pine
trees through attrition was not aesthetically acceptable. Removal of
mature Canary Island Pine trees will result in a major change in the
current look of D.B. Therefore, staff recommended a program that
preserves mature Canary Island Pine trees for 10 to 20 years and
also limits damage to adjacent hardscape. Removal of tree well
covers will provide these trees with enough space to grow another
five to ten years. After that, increasing the size of the tree well to 4'
x 4' should provide space for an additional 5 to 10 years. This way,
the Canary Island Pine trees should be able to grow along the major
arterials for another 10 to 20 years without causing major damage to
most of the adjacent hardscape. Cost to complete staffs
recommendations in the current fiscal year is $12,000. These funds
are not currently included in the budget.
C/Huff suggested that Council consider the neighborhood policy in
the future. He asked staff to advise the Council what would be
OCTOBER 19, 1999 PAGE 15 CITY
COUNCIL
required for D.B. to become a Tree City, U.S.A.
MPT/O'Connor said she was also very concerned about residential
areas.
C/Huff moved, C/Herrera seconded, to direct staff to implement a
species replacement program through attrition for the following trees:
Jacaranda to Chinese Fringe, Brisbane Box to Tristania Laurina; (2)
direct staff to remove 435 damaged tree well covers at a cost of
$11,000; allocate $11,000 from General Fund reserves to complete
this work; approve assignment of this work to Charles Abbott
Associates and add $11,000 to their Public Works contract; and (3)
direct staff to cut 4' x 4' tree wells when necessary to preserve mature
Canary Island Pine trees and to limit damage to the adjacent
hardscape; allocate $1,000 from General Fund reserves to fund the
work for this Fiscal Year; approve assignment of this work to Charles
Abbot Associates and add $1,000 to their public works contract.
Motion amended by MPT/O'Connor to direct staff to present a
proposed residential policy program to the Council within the next six
months.
Amendment accepted by C/Huff and C/Herrera. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari, M/Chang
8.8 RESOLUTION NO. 99-78: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR SUPPORTING A COMPLETE AND
COMPREHENSIVE FOUR CORNERS TRANSPORTATION
ALTERNATIVES AND RECOMMENDATIONS REPORT.
C/Herrera moved, C/Huff seconded, to adopt Resolution No. 99-78
supporting a Complete and Comprehensive Four Corners
Transportation Alternative and Recommendations Report. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari, M/Chang
9. NEW BUSINESS: None
OCTOBER 19, 1999 PAGE 16 CITY
COUNCIL
10. COUNCIL MEMBER COMMENTS: C/Herrera reported that many D. B.
residents participated in a letter writing campaign to encourage Ralphs
Markets to allow a grocer to come in to the vacant space in the Country Hills
Towne Center. Copies of the letter will be available at the Chamber's
Business Expo booth for signatures on Saturday. Three City Council
candidates participated in last night's candidate's forum. She reminded
everyone to vote on November 2.
C/Huff stated he attended his first transit conference as an Executive Board
Member of Foothill Transit. Yesterday, the Four Comers group considered
the final recommendations from J. D. Douglas. He stated that leading a City
takes more than aspiration. The best leaders are the ones that are busy
doing things. He spoke about accusations of "backroom" deals by Council
Members and defied the accusers to prove their statements. D.B. operates
in the public's view at all times. He encouraged residents to view the
televised debate on Thursday evening and on Saturday following the Council
meeting.
MPT/O'Connor reported that on October 6, the Civic Center subcommittee
met with the City's consultant, who will provide a fiscal analysis of each site
proposed by the Task Force. The final report will be presented on
November 2. The City received 804 survey responses from residents, the
outcome of which will also be presented on November 2. She attended two
neighborhood meetings concerning upcoming public works projects. She
commended staff for their outreach. On October 8, the YMCA held its
annual golf tournament, which was well attended. On October 12, the
Chamber held a very successful mixer at Norwest in the Country Hills Towne
Center. She is proud of the work being done by the Chamber. On October
13, she attended the Grand Opening of the Pomona Census Bureau. On
Thursday, she attended an Economic Outlook Conference in the City of
Industry, which was sponsored by the Economic Partnership. The
Partnership has obtained agreement from CalTrans to erect signs that read
"San Gabriel Valley," which will be visible on the freeways. She also
attended the incoming/outgoing Council of Government's Council Member
dinner. This morning she attended the Chamber Board meeting. Their
membership drive has been very successful. The next Skate Park Design
meeting will be held at the 'SCAQMD on October 28 at 6:00 p.m. She
encouraged all interested parties to attend. Also on Thursday evening,
Assemblyman Pacheco will hold a Town Forum at the SCAQMD at 6:00 p.m.
In addition to the City's Halloween Festival, Diamond Point Elementary
School holds an annual Halloween Carnival. The field lights have been
turned on at Lorbeer Middle School. She thanked the League of Women
Voters and the Chamber of Commerce for their sponsorship of the
Candidate's Forum. She asked people to make an informed decision and
cast their votes for the candidates of their choice.
OCTOBER 19, 1999 PAGE 17 CITY
COUNCIL
11, ADJOURNMENT: There being no further business to conduct,
MPT/O'Connor adjourned the meeting at 10:50 p.m.
LYNDA BURGESS, City Clerk
ATTEST:
Mayor Pro Tem