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HomeMy WebLinkAbout12/7/1999 Minutes - REgular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 7, 1999 CLOSED SESSION: 5:30 p.m., Room CC -8 1) Conference with Legal Counsel - Existing Litigation, Government Code Section 54956.9(b): Suzie Warren -Jackson vs. City of Diamond Bar, Case No. EEOC 340991850 Adjourned Closed Session at 6:25 p.m. CA/Jenkins stated that no reportable actions were taken by Council during the Closed Session. 2. CALL TO ORDER: Mayor Chang called the 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, and Mayor Pro Tem O'Connor, Mayor Chang. Also present were: Terrence 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 Girl Scout Troop 730; the National Anthem was played by the Pacific Crest Drum & Bugle Corps. INVOCATION: Invocations were given by Ahmad H. Sakr, PhD, Islamic Education Center; Monsignor James Loughnane, St. Denis Catholic Church, and Reverend Ted Meyers, ELCA, Shepherd of the Hills Lutheran Church. APPROVAL OF AGENDA: CM/Belanger stated that the Resolution certifying election results was not a part of the Consent Calendar. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented City Tile to Assemblyman Bob Pacheco for his involvement in the Lanterman Developmental Center's Proposed Forensic Confinement Compound Project. MPT/O'Connor recused herself from participating in this presentation. 4. ADOPTED RESOLUTION NO. 99-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE DECEMBER 7, 1999 PAGE 2 CITY COUNCIL FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 1999, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. Moved by MPT/O'Connor, seconded by C/Ansari, to adopt Resolution No. 99-83 reciting the fact of the General Municipal Election held on November 2, 1999, declaring the result and such other matters as provided by law. 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 4.1 ADMINISTRATION OF OATHS OF OFFICE: Oaths of Office to Council Members -elect Carol Herrera and Robert Huff administered by U.S. Congressman Gary Miller. Presentations to Outgoing Mayor Wen Chang - Captain Richard Martinez, Walnut Sheriffs Station; George Kuo, President, Diamond Bar Chinese Assn.; Terena Sam; Mayor Chang's family. 4.2 REORGANIZATION OF CITY COUNCIL Selection of Mayor - M/Chang nominated Debby O'Connor. 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 M/Chang passed the gavel to newly -elected Mayor O'Connor. M/O'Connor introduced members of her family. Selection of Mayor Pro Tem - M/O'Connor nominated C/Huff; C/Chang nominated C/Ansari and C/Huff nominated C/Herrera. Motion carried to elect C/Ansari as Mayor Pro Tem by 3-2 vote with C/Huff voting for C/Herrera and M/O'Connor voting for C/Huff. RECESS: M/O'Connor recessed the City Council meeting at 7:55 p.m. RECONVENE: M/O'Connor reconvened the City Council meeting at 8:25 p.m. DECEMBER 7, 1999 PAGE 3 CITY COUNCIL 5. PUBLIC COMMENTS: Richard Toombs congratulated M/O'Connor, MPT/Ansari and the City Council. He asked the Council to consider installing a pooch area at Pantera Park. Allen Wilson spoke about the "red tape" involved in getting the City to approve construction work on tennis courts at his condominium complex. Matt LaBoda, Greg Barnwell and Ron Clark asked that the City consider purchasing used roller hockey rinks from a business that has closed in Chino. These rinks are multi-purpose and could be used by many of the youth in the community. Dr. Larry Rhodes pointed out that there is overflow parking on Washington St. as a result of the amount of people using Metrolink. He suggested that the City consider increasing parking space sizes due to the production of larger vehicles. Annie Lee, D.B. High School student, thanked former Mayor Chang for his service and dedication to the community and wished Incoming Mayor O'Connor a wonderful year. All of the Council Members have positive thinking that influences the City. She proposed the formation of a Youth Committee. Jeff Koontz, Executive Director, Chamber of Commerce, congratulated the Council Members on the re-election and reformation of the City Council. He announced upcoming Chamber events. Judy Meza commended the Council for their good work. She asked when sound walls would be erected along the SR 60. M/O'Connor introduced Dr. Manual Baca, Mt. SAC Board of Trustees. DCM/DeStefano responded to Dr. Rhodes concern regarding parking spaces sizes. He stated that the City's recently adopted Development Code has standard sized parking spaces at 9 ft. by 19 ft., which is an increase over the L.A. County Code. CM/Belanger stated that, with respect to sound walls on the SR 60 generally from the Westerly City limit to the Brea Canyon off -ramp, these are slated for construction in 2004 or 2005. Staff is not aware of any other sound walls on the L.A. County list at this time. Staff will research the matter and provide a response to Ms. Meza. DECEMBER 7, 1999 PAGE 4 CITY COUNCIL — 6. SCHEDULE OF FUTURE EVENTS: 6.1 HOLIDAY RIDE - November 26, 1999 through January 2, 2000 - Taxi cab service for D.B. residents to travel to and from commercial/retail centers in D.B. - fare $.50 one-way. 6.2 LANTERMAN ADVISORY COMMITTEE - December 13, 1999 - 7:00 p.m., SCAQMD Room CC -8, 21865 E. Copley Dr. 6.3 PLANNING COMMISSION - December 14, 1999 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 6.4 PARKS & RECREATION COMMISSION - December 16, 1999 - 7:00 p.m., Hearing Board Room, 21865 E. Copley Dr. 6.5 CITY COUNCIL MEETING - December 21, 1999 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 6.6 CHRISTMAS HOLIDAY - Friday, December 24 through Monday, December 27, 1999 - City Offices will be closed in observance of the Christmas Holiday. City Offices will re -open Tuesday, December 28, 1999. 6.7 HOLIDAY TREE RECYCLING - December 27, 1999 through January 15, 2000 - Recycling of Holiday trees through your disposal company. 6.8 NEW YEAR'S HOLIDAY - December 31, 1999 - City Offices will be closed in observance of the New Year. City Offices will re -open on January 3, 2000. 6.9 MILLENNIUM CELEBRATION "NEW YEAR'S BLAST 2000" - December 31, 1999 - 7:00 p.m., - 12:30 a.m. - Country Hills Towne Center, Sugar Pine Ave. at D.B. Blvd. 7. CONSENT CALENDAR: MPT/Ansari moved, C/Huff seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/O'Connor — NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7.1 VOUCHER REGISTER - Approved Voucher Register dated December 7, 1999 in the amount of $636,795.07. M/O'Connor recused herself from approval of the following voucher register items DECEMBER 7, 1999 PAGE 5 CITY COUNCIL due to potential conflict of interest related to the Lanterman Developmental Center's Proposed Forensic Confinement Compound Project: P.O. #92 for $180 as well as an amount of $66.78 payable to a Council Member. 7.2 APPROVED NOTICE OF COMPLETION FOR THE AMBUSHERS STREET DRAINAGE IMPROVEMENTS PROJECT - accepted the work performed by B.R. Day Construction, Inc. and authorized the City Clerk to file the Notice of Completion and release any retention amounts 35 days after the recordation date. 8. PUBLIC HEARINGS: None 9. OLD BUSINESS: 9.1 STATUS OF LANTERMAN DEVELOPMENTAL CENTER'S PROPOSED FORENSIC CONFINEMENT COMPOUND PROJECT - M/O'Connor recused herself from participating in this matter and left the dais. CM/Belanger reported that on November 23, 1999, two Council Members and two Lanterman Advisory Committee members traveled to Sacramento to meet with Assembly Member Pacheco and representatives of the Department of Developmental Services including its Director, Clifford Allenby; Deputy Director, Paul Carlton and Communications Director Mary Lou Pennington. At that meeting, a communique was distributed by Mr. Allenby that indicated that the Department of Developmental Services had not only withdrawn the forensic expansion project approval, but that General Services had also withdrawn the mitigated negative declaration relative to that project. Those in attendance were appreciative of that fact. At the meeting; however, Mr. Allenby also indicated that the severe behavioral project approval had also been withdrawn and he indicated to those present that it was the intent of Development Services Department to begin a new environmental process. Upon the return of the City's representatives, the City transmitted a letter to Mr. Allenby asking for additional clarification with respect to comments made in the letter as well as comments that were made at the meeting. The primary concern was related to the severe behavioral or the behaviorally challenged program and whether the mitigated negative declaration related to that program had also been withdrawn. On November 30, the City received a letter from Mr. Allenby that indicated, in part that DDS was confirming that a new environmental review process would be initiated and completed prior to any new project, that the environmental review process would be undertaken in compliance with all provisions of CEQA and that DDS DECEMBER 7, 1999 PAGE 6 CITY COUNCIL — would make sure that a public notification process is implemented for the project so that residents of surrounding communities are informed of the project prior to any action being taken by DDS. The City has been involved in litigation with the cities of Walnut and Pomona as well as the County of L.A. and homeowners living around the Lanterman Developmental Center. That litigation was dismissed in October. There is a statute of limitations for filing an appeal that will expire on December 14. Councii gave direction to its attorneys to proceed with an appeal of those aspects of the dismissal that relate to the environmental document, the mitigated negative declaration if the Department had not rescinded the mitigated negative declaration on or before December 1. After consultation with the attorney, a better way to have the issue of the mitigated negative declaration dealt with is to have a very unambiguous notice of recission of mitigated negative declaration signed by the Department of Developmental Services dated and in his estimation, for all intents and purposes, end this project. That has not occurred. The Department has been provided a form for them to sign. Therefore, the City's attorney has been instructed to continue to proceed with the filing of an appeal on this matter, which will occur before the end of the week. C/Herrera stated that she would be sending a letter to Mr. Allenby to remind him that he made a commitment to communicate with her prior to January 1, 2000 regarding future plans for Lanterman. Sue Sisk stated that it is the Advisory Committee's hope that the signed document will be received from the State based upon the fact that the appeal is being pursued. She thanked Assembly Member Pacheco, Council Members, staff and dedicated residents serving on the Advisory Committee for their dedication. She cautioned the public that receipt of a signed document does not guarantee that the State has decided not to pursue the plan. The State is in the planning stages of another expansion for Lanterman and, therefore, the City must remain vigilant. She felt that Council and staff are committed to monitoring this manner and keeping the public informed. Darla Farrell said that in September, the Department of Developmental Services told the Advisory Committee that they intended to bring forth a plan which involved 128 severe behavioral health patients being admitted to Lanterman. On October 20, Mr. Carlton and Mr. Allenby sent a letter to a patient's family member stating that there would be a project involving 128 severe behavioral patients. Such a project will involve enhanced security. In response to a question from the Advisory Committee, the State indicated that if everything goes according to schedule, the Lanterman unit should DECEMBER 7, 1999 PAGE 7 CITY COUNCIL be ready for occupancy by July, 2001. She thanked Council Members and staff for their commitment and support. Dr. Larry Rhodes believed that the City should do everything possible to support Lanterman's effthem inincthe efforease hrt t uchantgeothelation type of of Lanterman and not support patient clientele. Don Gravdahl thanked Council for their support toward stopping the Lanterman Forensic Expansion Project. He speculated that some of the current patient population may be sent to group homes in order to make room for several behavioral patients. He encouraged residents to continue to monitor the situation and support the efforts of the Advisory Committee, Council and staff. Fred Encinas thanked Council, staff, attorneys and residents for their on-going efforts. He pointed out that several facilities throughout the State have closed. He asked for Council dialogue regarding re- establishing a working relationship with Lanterman in order to monitor the on-going situation. M/O'Connor returned to the dais. 9.2 FINAL DRAFT REPORT FROM ECONOMIC RESEARCH ASSOCIATES FOR THE FISCAL ANALYSIS OF THE PROPOSED COMMUNITY/CIVIC CENTER - Council awarded a contract to Economic Research Associates (E.R.A.) to complete a fiscal analysis of four potential sites for the proposed Community/Civic Center. These sites are: The hospital pad, Kaiser site, Summitridge Park and the D.B. Golf Course. Costs that were reviewed include: Land acquisition, grading, construction, fixtures, furnishings, loss of potential revenue and maintenance and operations. Presentation by Dave Wilcox, Economic Research Associations. Stan Granger strongly admonished the City for even considering placing these facilities at Summitridge Park. Allen Wilson suggested moving forward with Phase IA and spoke against allowing L.A. Membe s did notinvolved rece receive a copy of the report. stated that Task Force Council expressed concerns about costs, site selection and phasing. Council concurred to hold a Study Session as soon as possible when staff can provide information responding to Council's questions. The matter was rescheduled for a Study Session on January 18, 2000. DECEMBER 7, 1999 PAGE 8 CITY COUNCIL 10. NEW BUSINESS: 10.1 AUTHORIZATION TO THE CITY MANAGER FOR PURCHASE OF A 1999 FORD TAURUS - Pursuant to the City's Purchasing Ordinance, Council. must grant approval for the City Manager to sign the necessary purchasing documents because the purchase of a vehicle is not budgeted in the 1999-2000 Municipal Budget and because the cost of the vehicle exceeds $5,000. The City sent an RFP to five automobile vendors, and Advantage Ford responded with the lowest purchase price. MPT/Ansari moved, C/Herrera seconded, to authorize the City Manager to purchase a 1999 Ford Taurus from Advantage Ford in the amount of $17,026.82 and provide a budget allocation. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.2 DISCUSSION OF ANNEXATION OF UNINCORPORATED PROPERTY OUTSIDE THE DIAMOND BAR CITY LIMITS INTO THE CITY OF DIAMOND BAR - Over the past few years, several housing tracts - Sunset Ridge, Monte Verde, Diamond Ridge and Diamond Canyon - have had residents within them ask about annexation by D.B. Each tract is located in the unincorporated area of L.A. County. Sunset Ridge contains 91 homes within a gated community and is located east of Brea Canyon Cutoff north of Pathfinder Rd. Monte Verde is comprised of 160 homes located south of Pathfinder Rd. and west of Brea Canyon Cutoff and west of Fallow Field Dr. Diamond Canyon contains 75 homes within a gated community and is located west of the SR57 and south of the Brea Canyon Cutoff. The estimated total population is 1,438. Shell Oil owns the property east of the SR 57 from the freeway right-of-way to the ridgeline, visible from the SR57. The property runs from the southerly City limit to the L.A. County/Orange County border. The land is within the City's Sphere of Influence area. C/Huff said he would like to expand the scope of consideration to include the rest of the City's sphere of influence such as the Boy Scout property and Shell Oil Company west of the SR 57, which would afford the opportunity to better control the area. The sphere of influence is generally considered to be incorporated into the city's I imits. DECEMBER 711999 PAGE 9 CITY COUNCIL C/Herrera supported C/Huffs request and staffs recommendations. C/Chang stated that many people who live in these tracts assume that they are within the incorporated area of D.B. and would like to be included in the City. He looked forward to staffs cost/benefit analysis. Dr. Larry Rhodes believed that the City should go to the easterly -most limits and westerly -most limits and include all properties up to the L.A. County line. In response to C/Huff, CM/Belanger explained that the uninhabited properties are relatively easy in terms of cost benefit analysis. The smaller private subdivisions, which are all gated, also suggest relatively low impact. An analyeastward tos of the City boundary would ea generally surrounded by Fairway Dr. to the freeway require a more involved analysis. One of the primary aspects of the analysis after the cost benefit portion involves petitions, LAFCO, etc. The area of Rowland Heights defined by Fairway Dr., Pathfinder Rd. and SR57 is one of magnitude because of the number of homes and could be included in the report to Council. The unincorporated area is defined as Rowland Heights and Hacienda Heights. In reply to M/O'Connor, CM/Belanger indicated that a report including the entire area could be prepared for the January 18, 2000 meeting. C/Chang moved, C/Huff seconded, to direct elated to prepare on the comparative advantages and he annexation of four existing housing tracts,- the Shell Oil property and the Boy Scout property all located in the unincorporated area adjacent to the City. The annexation report will also include an analysis of comparative service costs and benefits, school district area, utility district service areas, and other such factors to include Boy Scout, Shell Oil and Pathfinder/Fairway areas. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.3 AMENDMENT TO CONTRACT ITH GTE FOR A THREE YEAR TERM FOR CENTRANET SERVICES AND AUTHORIZE THE CITY NECESSAY CUMENTS MANAGER TO EXECUTE AThe contract withGTEGTE for the 0 EFFECTUATE AMENDMENT City's telephone service (CentraNet) is due to expire at the end of DECEMBER 7, 1999 PAGE 10 CITY COUNCIL December. To maintain the current cost, it is necessary to amend the contract already in place for a period of three years. MPT/Ansari moved, C/Herrera seconded, to approve the amendment with GTE for a three-year term for CentraNet Services and authorize the City Manager to execute all documents necessary to effectuate the Amendment. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari NOES: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - M/O'Connor ABSENT: COUNCIL MEMBERS — None M/O'Connor stated she had abstained because she had not received the information early enough to review the material carefully. RECESS TO REDEVELOPMENT AGENCY MEETING: M/O'Connor recessed the City Council Meeting to the Redevelopment Agency at 10:54 P.M. RECONVENE CITY COUNCIL MEETING: M/O'Connor reconvened the City Council Meeting at 11:04 p.m. 11. COUNCIL SUBCOMMITTEE REPORTS AND COUNCIL MEMBER COMMENTS: C/Herrera thanked outgoing Mayor Chang for the very good job that he did during the last year in conducting meetings and being sensitive to community needs. He spent many hours attending many community events and supporting various community ventures. The Friends of the Library are extremely grateful for his support and assistance. She spoke about her contemplation of the reorganization process. She believed that 2000 will be a banner year for the City. The potential for accomplishment is even greater due to the fact that the same City Council will continue working on behalf of the citizens. She felt that it is important for Council to focus on its goals and not be distracted by extraneous matters. C/Chang spoke about attending a marketing convention at the L.A. Convention Center. On Saturday, he attended the grand opening of the Friends of the Library bookstore at the Country Hills Towne Centre. He thanked M&H Property Management for providing this location to the Friends of the Library free of charge. He thanked the residents for their assistance in making the bookstore a success. On Saturday night, he presided at a wedding in the City of Walnut. The bride and groom told him that they plan to move to D.B. Earlier today, he attended the Senior Club's Christmas party. He thanked the residents and Council Members for giving him the opportunity to serve them as their mayor this past year. He will continue to DECEMBER 7, 1999 PAGE 11 CITY COUNCIL support the Council and community as a Council Member. C/Huff attended the Walnut Valley Unified School District swearing-in of new board members Redinger and Elfelt. The event was standing room only. He attended last Friday's D.B. High School football game. The team is undefeated in this season. He encouraged the Council to support this fine team at their final game on Friday. MPT/Ansari attended the Water Policy Committee meeting for the Southern California Association of Governments on November 24. She is concerned about water issues and the numeric limits on pollutants for storm water runoff, which will likely be discussed at the Water Board meeting in January. On December 8, she is scheduled to meet with Dennis Dickerson, Executive Director of the Water Board at L.A. Public Works. On November 29, she attended the board meeting of the Inland Valley Micro Enterprise Group, which funds !oans up to $1,500 to low- and moderate -income persons who need help to start their own businesses. On December 1, she attended a Board of Directors meeting for the Inland Valley Economic Group. That evening she met with the California Contract Cities. She attended the graduation for the Citizen Academy at the Sheriffs Star Center in Whittier. D.B. citizen Dr. Chang graduated from the Academy. She was disappointed that only one person from D.B. graduated and she would like to see more residents participate. On December 2, she attended an all day meeting at the Southern California Association of Governments. On December 6, she attended a Redevelopment meeting and the Senior Club Christmas party. She and three other Council Members attended the Friends of the Library bookstore opening. She urged any interested persons to volunteer their time. The Chamber of Commerce is collecting stuffed animals for Hillview Acres and for an Alzheimer's residence in Claremont. There is a drop-off box located at City Hall and at the Chamber of Commerce office. She received several telephone calls from concerned residents about the speed of traffic at the intersection of Los Cerros Drive and Bella Pine Dr. She looked forward to working with the Council in a cohesive manner for the good of the residents. She thanked her husband for his support during her involvement with the Council during the past six years. M/O'Connor stated that on November 30, she, C/Herrera and staff members attended an L.A. County Significant Ecological Area Study. On December 1, WCCA held a special meeting to discuss the SEA expansion. She attended the grand opening of the Mt. SAC Learning Technology Center, which houses in excess of 700 computers and is open to the public. She encouraged residents to participate in the Millennium Celebration at the Country Hills Towne Centre on December 31. Non-profit and food organizations are encouraged to participate. She also encouraged everyone to attend the CIF finals at Cal State Fullerton at 7:30 p.m. D.B.H.S. will play Upland and tickets are available at the high school. She spoke to a third DECEMBER 7, 1999 PAGE 12 CITY COUNCIL grade class at Mt. Calvary last month. Yesterday, she received many wonderful letters from the students who thanked her for her participation. She asked staff to agendize the portable roller hockey matter for the December 21 meeting. She asked each Council Member to review the list of subcommittees and provide her with a list of subcommittees and other positions they hold as Council Members with the date and time of the meetings notated. She asked that the information be provided to her early next week. 12. ADJOURNMENT: There being no further business to conduct, M/O'Connor adjourned the meeting at 11:35 p.m. in honor of Pearl Harbor Day and D. B. veterans. ATTEST: Mayor ,l LYNDA BURGESS, City C!erk