HomeMy WebLinkAbout6/6/2000 Minutes - Study SessionCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
FY 2000-01 BUDGET, GENERAL FUND, SPECIAL FUNDS AND CIP,
GOALS AND OBJECTIVES
JUNE 6, 2000
CITY COUNCIL CALL TO ORDER: Mayor O'Connor called the Study
Session to order at 4:20 p.m. in South Coast Air Quality Management District
Room CC -2, 21865 E. Copley Drive, Diamond Bar, California.
2. ROLL CALL: Council Members Chang, Herrera,
Huff, Mayor Pro Tem Ansari and Mayor O'Connor.
Also present were: Terrence L. Belanger, City
Manager; 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; Rose
Manela, Associate Civil Engineer; Teresa Arevalo, Senior Administrative
Assistant; Lynda Burgess, City Clerk; Captain Alex Yim and Lt. Pete
Fosselman, D.B./Walnut Sheriffs Station.
3. DISCUSSION OF FY 2000-01 BUDGET, GENERAL FUND, SPECIAL
FUNDS AND CIP, AND CITY COUNCIL GOALS AND OBJECTIVES.
M/O'Connor stated that, as a member of the Finance Committee, she
thought that the allocation for purchase of the "Are You Okay?" Program was
$2,500. Therefore, she did not agree with the proposed $5,500 allocation.
CC/Burgess explained the proposal to contract for conversion of City files
and documents to permanent electronic storage in the City's imaging system.
CM/Belanger explained the 2% at age 55 program in response to
C/Herrera's question.
Responding to C/Huff, CM/Belanger stated that the cost of living index is
higher than 3% this year.
CM/Belanger stated that staff is requesting that the Council vote on these
budget considerations at its June 20 meeting. Tonight is the public hearing
regarding this matter. The Council would then have time to consider these
budget items and make its decision on the 201h
C/Chang stated that the Subcommittee supported the proposed allocation
to the Chamber of Commerce.
M/O'Connor stated that Council needs assistance in responding to
correspondence from citizens. She asked that the Senior Administrative
Assistant position be filled as soon as possible to provide Council
assistance.
JUNE 6, 2000 PAGE 2 CITY COUNCIL STUDY SESSION
CM/Belanger explained the reason the Humane Society is requesting an
increase in their contract amount.
M/O'Connor asked why the Humane Society is requesting an increase when
they have not yet responded to requests from the City for improved service.
Council Members discussed alternative service providers.
CM/Belanger stated that one of the reasons D.B. has used Pomona is its
close proximity to the City.
CM/Belanger indicated to C/Huff that he spoke directly with Mr. Harford and
conveyed Mr. Huffs concerns about the way in which he was approached by
a Humane Society representative. Mr. Harford stated that all personnel wear
nametags and shields.
C/Huff reiterated his feelings that representatives hide behind their badges
and attempt to intimidate residents. He was not in favor of renewing the
contract with the Humane Society unless they change their procedures. This
is not the first time this matter had been voiced by residents and Council.
The Humane Society has not demonstrated any better level of service. In
fact, there is evidence that their service continues to be threatening.
CM/Belanger responded to M/O'Connor that the Humane Society contract
is proposed to be $72,500.
CM/Belanger responded to C/Huff that last year, staff checked on alternative
services and the cost was comparable. The determining factor was time and
distance. He stated that Walnut uses L.A. County Animal Control services.
Council Members expressed concerns about the contract renewal with the
Humane Society, to which CM/Belanger responded he would speak with Mr.
Harford and convey those concerns.
The Council discussed spanner banners.
M/O'Connor did not believe that electronic billboards are in harmony with a
country living atmosphere. C/Huff agreed.
C/Chang suggested that Council forget about spanner banners and
electronic billboards and use less expensive signs.
CM/Belanger reminded Council that the vertical banners provide an
opportunity for several messages.
JUNE 6, 2000 PAGE 3 CITY COUNCIL STUDY SESSION
M/O'Connor said that the vertical banners are pretty but that they are too
busy.
C/Herrera asked if Council would be open to looking for appropriate sites for
electronic billboards.
C/Chang said he is opposed to electronic billboards and added that they are
expensive.
CM/Belanger suggested that staff research alternative locations.
Jeff Koontz asked if the City is planning to open sign facilities to non-profit
groups in light of permitting the Friends of the Library to erect their Wine
Soiree banner.
CM/Belanger stated that no signs are erected without permission of Council.
Lt. Fosselman stated he is aware of a pending lawsuit in the City of L.A. for
placing advertising on a publicly owned facility pole. One of the
organizations is the L.A. Dodgers. Even though it is a city baseball team,
they are a private organization.
CM/Belanger explained the proposed Neighborhood Street Tree Program.
M/O'Connor asked staff to advise residents using a computer generated
image how their area will look like if trees are removed as a result of
damage.
C/Huff suggested a town hall meeting to discuss the City's tree policy.
M/O'Connor said she is in favor of the $100,000 Neighborhood Street Tree
Program budget item. Other Council Members concurred.
CM/Belanger explained the D.B. Community Foundation startup budget
request and recommended that an additional $20,000 be allocated to
provide the capability for grant writing.
The Council discussed the "Are You Okay?" program and $5,500 budget
request.
Regarding the programs provided by the D.B./Walnut Sheriffs Station,
M/O'Connor said she would like to review the school patrol policy as she
was not totally satisfied with the service that is provided at the City's schools.
Lt. Fosselman believed that the two-hour time slots for school patrol are
being filled.
JUNE 6, 2000 PAGE 4 CITY COUNCIL STUDY SESSION
M/O'Connor said she visited the intersection of D.B. Blvd. and Gold Rush Dr.
the day the No U-turn signs were installed. She said motorists exhibited
complete disregard for the signs. Eighteen cars in 10 minutes made illegal
U-turns.
DDPW/Liu stated that this matter will be discussed during the Thursday
evening Traffic & Transportation Commission, during which time the Sheriffs
Department will provide more input.
Goals and Objectives:
CM/Belanger presented the list of Council Goals and Objectives.
M/O'Connor suggested adding the City of Industry East Project.
C/Herrera suggested that the list incorporate a category entitled "Regional
Projects that affect D.B." with sub -categories listed: A) Lanterman, B) City of
Industry Project and C) any development east of the City of D.B.
Council concurred to list a goal as "Actively pursue Library funding."
ADJOURNMENT: There being no further business to conduct, Mayor O'Connor
adjourned the Study Session at 6:20 p.m. to the regular City Council Meeting.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JUNE 6, 2000
STUDY SESSION: Mayor O'Connor called the Study Session to order at
4:20 p.m. in Room CC -2 of the South Coast Air Quality Management District, 21865
E. Copley Drive, Diamond Bar, California.
AGENDA: FY 2000-01 Budget, General Fund, Special Funds and
CIP, Goals and Objectives
ROLL CALL: Mayor O'Connor, Mayor Pro Tem Ansari and Council
Members Chang, Herrera and Huff.
Also present were: Terrence L. Belanger, City Manager, 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; Rose Manela, Associate Civil Engineer;
Teresa Arevalo, Senior Administrative Assistant; Lynda Burgess, City Clerk;
Captain Alex Yim and Lt. Pete Fosselman, D.B./Walnut Sheriffs Station.
ADJOURNMENT: WO'Connor adjourned the Study Session at 6:20 p.m.
1. CLOSED SESSION: None
2. CALL TO ORDER: Mayor O'Connor 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 Dr., Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Bob
Zirbes, President, Diamond Bar Improvement Association.
INVOCATION: The Invocation was given by Pastor Chico
Pichardo, Calvary Chapel
ROLL CALL: Mayor O'Connor, Mayor Pro Tem Ansari,
and Council Members Chang, Herrera and Huff.
Also present were: Terrence L. Belanger, City Manager;
Michael 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.
APPROVAL OF AGENDA: Council concurred to move Agenda Item
8. 1, Matter of Selection of a Solid Waste Hauler to immediately following the
Consent Calendar.
3.A SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
JUNE 6, 2000 PAGE 2 CITY COUNCIL
3.A.1 Presented City Tile to Carol Eckert -Willner, Principal of Lorbeer
Middle School, honoring the school's designation as a Blue -Ribbon
Award Recipient.
3.A.2 Presented City Tile to the Diamond Bar Improvement Association on
the successful completion of its fourth year of the "Paint Our Town"
Project.
3.A.3 Presented Certificates of Recognition to the "Paint Our Town'
Steering Committee Members and Volunteers.
3.A.4 Proclaimed June 14, 2000 as "Flag Day.'
3.13. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Belanger stated that Council is aware of a proposed industrial and
commercial retail project in the City of Industry. The proposal covers
about 425 acres of land bounded on the northern boundary of D.B.
(Brea Canyon Rd./Grand Ave. and the new SR57/60 interchange). A
comment was made at a recent meeting as to the city's awareness of
this project and the City's activities in relationship to this project as it
has gone through its evaluation process, which has culminated in a
response to the Draft Environmental Document. The community first
became aware of something occurring on this particular tract of land
in the City of Industry when newspapers last summer reported a
Disposition and Development Agreement being signed between the
Industry Redevelopment Agency and Majestic Realty. That D.D.A.
conveyed by lease to Majestic the use of 450 acres of land. That is
when we all first became aware of the fact that a private developer
had acquired an interest through leasehold in this project. Majestic
is a longtime developer of property in the City of Industry as well as
other communities in Southern California. Their forte is industrial and
retail commercial development. In October, 1999 D.B. received a
Notice of Preparation, which was circulated by the City of Industry,
and the Industry Urban Development Agency, which indicated that
they intended to circulate an Environmental Impact Report related to
a then undefined project. D.B. retained a consultant, EIS, to assist us
in preparing the response to the N.O. P and in fact, the response to
the Notice of Preparation was conveyed on November 19. On
January 11, 2000, the D.B. Community Development Department met
with several homeowners from the Hampton Ct. area regarding the
project that had been carried by the newspapers for the previous six
months to inquire as to what was going on from the City of D.B.'s
perspective. On January 18, 2000, Council approved a contract with
EIS to assist us at such time that the Majestic project's Environmental
Impact Report was circulated. At the time that the contract was
JUNE 6, 2000 PAGE 3 CITY COUNCIL
entered into, it was felt that the EIR would likely be ready for
circulation in February or March. The Draft EIR was circulated on
April 19, 2000 and conveyed to a list of cities determined by law
including the City of D.B. D.B. received its copy on April 20 and
immediately conveyed the document to the city's consultant, who
began the task of preparing a response to that document. On June
5, the Draft Environmental Impact Report response was due and a
document was delivered to the City of Industry yesterday conveying
the City of D.B.'s comments on the Draft Environmental Document.
The 172 -page response document is available to the public. Council
held a Study Session regarding this matter on May 30 at Heritage
Park. In addition, the matter was discussed at the previous Council
Meeting. With respect to the Lanterman Developmental Center's
proposed expansion project, local and state representatives continue
to work toward finding a resolution to the loggerhead regarding the
statement of the participants that was a work product of the March
workshop in Sacramento. State Assemblymen and Senators continue
to work legislatively as well as conducting discussions through State
- Agencies. The City continues to keep in tad the two appeals of court
cases that were a result of this project. The community organization
continues to work diligently to keep themselves current and, wherever
possible, to make their feelings known about this project. The Cities
of D.B. and Walnut are in the process of becoming more of a defined
coalition of Council Members and staff to work on this situation. The
adjacent cities have been joined over the last year through the
litigation involving Walnut, D.B., Pomona and for a time, the County
of L.A. The City of Walnut will be discussing appointment of two of its
members to work with D. B.'s Advisory Committee in a continuing
effort to find a satisfactory resolution to the proposed security
expansions at Lanterman.
4. PUBLIC COMMENTS: Red Calkins felt that the United States
should not do business with China.
Mark Hopper thanked Council for its hard work. He expressed concern
about the selection of the Summitridge Park site for the CiviclCommunity
Center. He asked how large a site is being planned, how many buildings at
how many square feet, how many parking spaces are planned, what is the
estimated cost of the site and what is the preliminary cost. He believed the
site is in a poor location as it is in the middle of a residential area and is
planned for a park. Even though 10 acres was preserved, his impression
was that it was preserved for parks and not for a library, a community center
or offices. He believed the site would be very expensive to develop and
access. He suggested that the City consider the 25,000 square foot vacant
building in the Towne Hills Country Center complex. He asked Council
Member to keep their campaign promises to preserve open space in D.B.
JUNE 6, 2000 PAGE 4 CITY COUNCIL
Ignacio Covarrubias asked for the Council's help in resolving the problem of
Metrolink overflow parking on Washington St.
Martha Bruske said that, with respect to Consent Calendar Item No. 6.7, she
thought that some City documents may need to go to the Historical Society
or to the public library. Financial documents regarding major City issues
such as the Alameda Corridor, Lanterman Task Force, Tonner Canyon,
Redevelopment and now Industry East should be kept. Regarding Item No.
6.12 and the repair of Brea Canyon Rd., she wondered if the project will
meet the mandates of the Industry East project or will D.B. have to redo the
project in the near future. Regarding Item No. 6.13, will the city build into the
contract that it expects 24/7 emergency response.
Fred Ying said that the residents near Summitridge Park were not advised
about the proposed Civic/Community Center project. The Council's decision
to locate the project in Summitridge Park seems to contradict the
recommendations of the Task Force and the residential survey. He would
prefer that the City use its money for purchase of additional library books
and increased law enforcement.
Clyde Hennessee reiterated his concerns about the proposed State of
California school bond initiative.
Mike Armijo, President, Sheriff Booster Club, invited Council Members and
community members to the D.B./Walnut Sheriffs Station's Open House on
Saturday, June 10 from 10:00 a.m. to 3:00 p.m.
Eric Ackerlind voiced his concern about the proposed Pantera Park ballfield
lighting. He stated that he had sent a letter to Council advising them of his
concerns but that he has not had a response. The adjacent residents
believe that, in addition to increased noise and parking problems, criminal
activity will increase during evening hours. As it is, ballplayers routinely
drink beer on Sundays. When residents call the Sheriffs Department to
complain about the noise and drinking, it takes deputies 30 to 45 minutes to
respond. He was concerned that the noise and drinking will spill over into
evening hours with implementation of the lights. He stated that last Sunday,
a known gang member from LaVerne, who was involved in a recent stabbing,
was in the Pantera parking lot. He would prefer that the money be spent on
hiring additional law enforcement officers for D.B. He presented the Council
with photos depicting what he discussed.
Mrs. Ackerlind also provided pictures to Council showing increased traffic in
the Pantera Park area. She expressed concern about the increased noise
in the evening hours with the installation of the ball field lights. The noise
from the park is very loud during the day. On Sunday mornings, she cannot
sleep in nor can she relax with her baby and her children. She was very
-- JUNE 6, 2000 PAGE 5 CITY COUNCIL
concerned that the noise will now go on in the evening hours, which is the
peaceful time in her home. If the project is implemented, she is afraid she
will not have any peace in her own home. She felt that most of the ball
players come from outside of D.B. and the residents are being adversely
effected.
Sue Sisk pointed out that there are motorized skateboards now appearing
at Peterson Park. She congratulated Lorbeer Middle School's staff, teachers
and students for receiving the Blue Ribbon Award. She believed that DBIA's
"Paint Your Town" project is wonderful and she thanked the volunteers that
go out into the community. She thanked the City for sending out 88 letters
to all cities in Southern California, to State Senators and Assembly Members
requesting support on the15 point agreement. She also appreciated the
notices to the non-profit and youth groups. She understood that the State
Public Works Board meeting had been continued to July. However, grading
has already begun to accommodate fencing at Lanterman. She thanked the
Lanterman Advisory Committee members for their dedication.
--- Dave Reynolds said he is disturbed about the activities at Pantera Park as
reported by Mr. and Mrs. Ackerlind. His experience indicates that the City
has excellent response times from the Sheriffs Department. What he heard
and saw this evening is unacceptable and the documentation helps. He
would like to see the video. He asked that the city "beef up" security patrols
around the park areas.
CM/Belanger stated that with respect to the Summitridge Park site selection
for the Civic/Community Center, the City is in the beginning process of
evaluating architectural proposals. Once an architect is selected, that
individual will begin the process of developing a master plan for the site,
during which time a series of community meetings will be held to receive
input on the development of that master plan. The master plan will include
the elements of the Civic Center. Currently, the charge is to plan for a
Community/Senior Center and a Library. The master plan will also take into
account the possibility of locating a City Hall at that site. The
Community/Senior Center is approximately 18,500 sq. ft.; the Library is
about 20,900, and the City Hall is 25,000 sq. ft. for a total of approximately
65,000 sq. ft. Estimated pad size would be between 5 and 6 acres. The
current site of Summitridge Park is 26 acres, 12 of which are developed and
14 of which are undeveloped. As a part of the SunCal project, 360 acres of
land were dedicated to the City, 350 of which are for open space with 10
acres to Summitridge Park on the north and west portions of the park to
increase the park acreage to 36 acres. The development is proposed to
take place on the north and northwest portion of the park in the currently
undeveloped area. All public buildings will meet or exceed the parking code.
JUNE 6, 2000 PAGE 6 CITY COUNCIL
Besides approval to move forward with the master plan, the City Council has
approved construction of a Community/Senior Center building in the park
sometime toward the end of fiscal year 2000/2001. The estimated cost of
that project is $12.6 million. He pointed out that the Country Hills Towne
Center has inherent long-term lease buy out problems and Ralph's Market
is not interested in losing $3 million of guaranteed revenue. Many sites
within the City of D.B. have been evaluated. Ultimately, the Summitridge
site, because of its location, size and the fact that it is already owned by the
City, has been determined to be the more attractive location.
CM/Belanger responded to Ignacio Covarrubias that the matter of overflow
Metrolink parking on Washington St. will be scheduled for the Traffic &
Transportation Commission for evaluation of parking restrictions on
Washington St.
In response to Martha Bruske's suggestion, M/O'Connor said that if
appropriate, City documents should go to the historical society and/or the
library.
M/O'Connor expressed concern that Fred Ying's calls to the City Manager
were not returned.
CWBelanger apologized for not returning Mr. Ying's calls and said he would
call him tomorrow and issue a more personal apology.
M/O'Connor acknowledged receipt of a letter from the Ackerlinds concerning
the consumption of alcohol at Pantera Park and it was her understanding
that they had received a written response from staff. She apologized for the
lack of response and said that she will make certain that a response is
forthcoming.
CM/Belanger took responsibility for the lack of response. Tomorrow he will
expand responsibility further.
M/O'Connor understood that the Community Services Department could
identify the baseball team that was depicted in the pictures. She is surprised
to hear that this problem continues. She assumed that the team had been
contacted about drinking alcohol in the parks and apparently, the contact
was not effective. She recommended that when the team in question is
present at the park, law enforcement officers should be present.
CM/Belanger stated that a more effective method is to kick the team out of
the league.
JUNE 6, 2000 PAGE 7 CITY COUNCIL
M/O'Connor indicated to Sue Sisk that the issue of motorized skateboards
has been brought to her attention. It is her understanding that motorized
skateboards are not allowed in city parks and that it is a citable offense.
Once the skate park is opened, skateboards will not be allowed in any other
part of Peterson Park. She asked citizens to report offenses to the Sheriffs
Department.
CM/Belanger confirmed that the roundabout in Pantera Park is a turnaround
to allow loading and unloading of individuals as well as to accommodate
safety equipment and is not a parking area.
5. SCHEDULE OF FUTURE EVENTS:
5.1 TRAFFIC AND TRANSPORTATION COMMISSION - June 8, 2000 -
7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr.
5.2 LOS ANGELES COUNTY SHERIFF'S OPEN HOUSE - Diamond
Bar/Walnut Station - June 10, 2000 - 10:00 a.m. - 3:00 p.m., 21695
E. Valley Blvd., Walnut
5.3 PLANNING COMMISSION - June 13, 2000 - 7:00 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
5.4 DIAMOND BAR COMMUNITY FOUNDATION -June 15,2000-7:00
p.m. SCAQMD Room CC -8,21865 E. Copley Dr.
5.5 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - Saturday, June
17, 2000 - 9:00 a.m. - 3:00 p.m., Fairplex, Los Angeles County Fair
Hotel and Exposition Complex, Gate 14A, Arrow Highway, Pomona
(888) 238-0172.
5.6 CITY COUNCIL MEETING -June 20, 2000 - 6:30 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR: C/Herrera moved, MPT/Ansari
seconded, to approve the Consent Calendar, with the exception of Item No.
6.14. 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
6.1 APPROVED MINUTES:
6. 1.1 Study Session of May 16, 2000 - As submitted.
JUNE 6, 2000 PAGE 8 CITY COUNCIL
6.1.2 Regular Meeting of May 16, 2000 - As submitted.
6.1.3 Study Session of May 22, 2000 - As corrected.
6.2 RECEIVED & FILED PARKS AND RECREATION COMMISSION
MINUTES - Regular Meeting of April 27, 2000.
6.3 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular
Meeting of April 25, 2000.
6.4 APPROVED VOUCHER REGISTER - dated June 6, 2000 in the
amount of $862,909.65. M/0'Connor abstained from approval of a
total of $8,269.29 due to a potential conflict of interest relating to the
Lanterman Forensic Expansion Project.
6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT - for
April 2000.
6.6 REJECTED CLAIM FOR DAMAGES - Filed by Ishaq Mohammad
December 28, 1999 and referred the matter for further action to the
City's Risk Manager.
6.7 ADOPTED RESOLUTION NO. 2000-33: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
DESTRUCTION BY THE CITY CLERK OF CITY RECORDS AND
DOCUMENTS WHICH ARE NO LONGER REQUIRED AS
PROVIDED UNDER GOVERNMENT CODE SECTION 34090.
6.8 ADOPTED RESOLUTION NO. 2000-34: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING
THE MAYOR TO EXECUTE CONTRACTUAL SERVICES WITH THE
COUNTY OF LOS ANGELES FOR GENERAL SERVICES FOR THE
PERIOD JULY 1, 2000 THROUGH JUNE 30, 2005.
6.9 SECOND READING OF ORDINANCE NO. 03(2000): AN
ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING
RULES FOR PUBLICLY -OWNED OR PUBLICLY -OPERATED
SKATE PARK FACILITIES - Approved Second reading by title only,
waived full reading and adopted Ordinance No. 03(2000) Establishing
Rules for Publicly -Owned or Publicly Operated Skateboard Facilities.
6.10 ADOPTED RESOLUTION NO. 2000-35: A RESOLUTION OF THE
CITY OF DIAMOND BAR AUTHORIZING AMENDMENT NUMBER 6
TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN
THE COUNTY OF LOS ANGELES, THE CITIES OF ARCADIA,
AZUSA, BALDWIN PARK, BRADBURY, CLAREMONT, COVINA,
-- JUNE 6, 2000 PAGE 9 CITY COUNCIL
DAMOND BAR, DUARTE, EL MONTE, GLENDORA, INDUSTRY,
IRWINDALE, LA PUENTE, LA VERNE, MONROVIA, POMONA, SAN
DIMAS, SOUTH EL MONTE, TEMPLE CITY, WALNUT AND WEST
COVINA TO STATE THAT THE AGENCY IS FOR PURPOSES OF
LAW AND INCLUDED MUNICIPAL OPERATOR TO BE KNOWN AS
FOOTHILL TRANSIT.
6.11 (a) ADOPTED RESOLUTION NO. 2000-36: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH
RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT
DISTRICT NO. 38; AND DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING
MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 2000-
01; AND FIXING A TIME AND PLACE FOR A HEARING OF
OBJECTIONS - and directed the City Clerk to advertise the public
hearing before the Council at the second regular meeting of June,
2000.
(b) ADOPTED RESOLUTION NO. 2000-37: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH
RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT
DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING
MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 2000-
01; AND FIXING A TIME AND PLACE FOR A HEARING OF
OBJECTIONS - and directed the City Clerk to advertise the public
hearing before the Council at the second regular meeting of June
2000.
(c) ADOPTED RESOLUTION NO. 2000-38: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH
RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT
DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING
MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 2000-
01; AND FIXING A TIME AND PLACE FOR A HEARING OF
OBJECTIONS - and directed the City Clerk to advertise the public
hearing before the Council at the second regular meeting of June,
2000.
JUNE 6, 2000 PAGE 10 CITY COUNCIL
6.11 (a) AWARDED CONSTRUCTION CONTRACT FOR BREA CANYON
ROAD (BETWEEN PATHFINDER ROAD AND GOLDEN SPRINGS
DRIVE) STREET REHABILITATION PROJECT - to Sully Miller, Inc.
in an amount not to exceed $672,000 and authorized a contingency
amount of $67,000 for project change orders to be approved by the
City Manager, for a total authorization amount of $739,000.
(b) AWARDED CONSTRUCTION ADMINISTRATION/INSPECTION
SERVICES FOR THE BREA CANYON ROAD (BETWEEN
PATHFINDER ROAD AND GOLDEN SPRINGS DRIVE) STREET
REHABILITATION PROJECT - to Dewan, Lundin & Associates in an
amount not -to -exceed $35,144 and provide a contingency amount of
$4,000 for contract amendment(s) to be approved by the City
Manager, for a total authorization amount of $39,144.
6.13 AWARDED CONTRACT TO SIGNAL MAINTENANCE
INCORPORATED (SMI) FOR THE REPAIR AND MAINTENANCE OF
CITY OPERATED TRAFFIC CONTROL SYSTEMS - (1) authorized
the Mayor to execute a five-year contract (FY 00-01 to FY 04-05) for
traffic signal maintenance services with Signal Maintenance Inc.; and
(2) authorized staff to notify the L.A. County Department of Public
Works to delete the traffic signals from Appendices "A" and °B" of the
existing agreement.
6.15 EXTENSION OF MAINTENANCE CONTRACTS:
(a) EXTENDED GRAFFITI REMOVAL CONTRACT WITH GRAFFITI
CONTROL SYSTEMS - for FY 2000/01 in an amount not to exceed
$35,000 ($30 per site/ 1,160 sites).
(b) EXTENDED AS -NEEDED STREET TREE PLANTING SERVICES
WITH WEST COAST ARBORISTS, INC. IN THE AMOUNT NOT TO
EXCEED $10,000 FOR THE 2000/01 FY.
(c) EXTENDED CITY-WIDE STREET TREE MAINTENANCE
CONTRACT WITH WEST COAST ARBORISTS, INC. - in an amount
not to exceed $80,000 for the 2000/01 FY.
(d) EXTENDED CITY-WIDE LANDSCAPE MAINTENANCE
CONTRACT WITH TRUGREEN LANDCARE AND MAINTENANCE
- for FY 2000/01 in the amount of $243,398.10 and 'authorized a
contingency not to exceed $80,000 for additional necessary work
during the fiscal year.
6.16 (a) AWARDED CONTRACT FOR THE SAN LEANDRO/CHINOOK
PLACE AND BALLENA/COVERED WAGON DRIVE
JUNE 6, 2000 PAGE 11 CITY COUNCIL
NEIGHBORHOOD IMPROVEMENTS PROJECT - to David T.
Wasden, Inc. in an amount not to exceed $445,397.50 and authorized
a contingency amount of $30,000 for project change orders to be
approved by the City Manager, for a total authorization amount of
$475,397.50.
(b) AWARDED CONSTRUCTION ADMINISTRATION/INSPECTION
FOR THE SAN LEANDRO DRIVEICHINOOK PLACE AND BALLENA
DRIVE/COVERED WAGON DRIVE NEIGHBORHOOD DRAINAGE
IMPROVEMENTS PROJECT - to Dewan, Lundin & Associates in an
amount not -to -exceed $18,352 and provided a contingency amount
of $3,000 for contract amendment(s) to be approved by the City
Manager, for a total authorization amount of $21,352.
6.17 GRANTED EASEMENT TO PAC BELL WIRELESS, LLC TO UTILIZE
THE EXISTING SERVICE ROAD TO THE EASTGATE WATER TANK
SITE - and authorized the City Manager to execute the Agreement.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.14 EXTENSION OF LICENSE AGREEMENT WITH COCA-COLA TO
PROVIDE SODA MACHINES AT CITY PARKS - The City entered into
a one-year agreement with Coca-Cola to provide soda machines at
City parks. The agreement period began August 1, 1999 and expires
on July 31, 2000. Section 2 of the agreement states that it may be
extended if both parties agree. Representatives from Coca-Cola
have offered to extend the agreement with the same terms and
conditions. During the first nine months of the agreement period, the
City earned $4,993.76 and expended an estimated $1,400 in
electrical costs to operate the machines. All other costs or the
machines, including installation, service and maintenance, has been
borne by Coca-Cola.
Gant' Stitt and Shawn Hamilton, representing Coca-Cola, responded
to M/O'Connor's concerns about Coca-Cola adhering to their contract.
In addition, the income is substantially lower than anticipated. Mr.
Hamilton stated that when service issues are brought to his attention,
he responds in a timely manner. If there are machines that have
experienced problems, Coca-Cola responds when they are made
aware of the problem. A red sticker with a toll free number for
reporting service issues is posted on every machine. When the call
is received by Coca-Cola, a technician is dispatched. The $5,000
revenue from the machines was generated over a nine-month period.
Although the contract between D.B. and Coca-Cola started on August
1, it was not until the end of Augustibeginning of September that all
of the vending machines were finally installed. Summer is generally
JUNE 6, 2000 PAGE 12 CITY COUNCIL
the busiest time for vending machines and that the window of
opportunity was missed during those summer months. He indicated
that machines are serviced on an as -needed basis depending on the
park and the usage.
In response to C/Herrera, Mr. Hamilton stated that when a service call
is generated, a technician is dispatched the next day.
C/Chang moved, C/Huff seconded, to extend the license agreement
with Coca-Cola for one year, from August 1, 2000 to July 31, 2001,
at the same terms and conditions set forth in the original contract.
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
8. OLD BUSINESS:
8.1 MATTER OF SELECTION OF A SOLID WASTE HAULER FOR THE
CITY OF DIAMOND BAR - The City solicited proposals for exclusive
collection and disposal of solid waste from qualified haulers. Four
firms submitted proposals: Athens Disposal, Universal Disposal,
Valley Vista Disposal, and Waste Management. The proposals have
been evaluated and the proposing firms have been interviewed. The
final selection of an exclusive franchisee is now being referred to the
City Council. (Continued from May 16, 2000)
WASTE HAULER PRESENTATIONS:
(1) Ray Anderson, Waste Management, commended the City
on its process in selecting a waste hauler. All four haulers are good
and capable operators providing quality service to their various
communities. Only Waste Management can provide D.B. with the
following benefits: Fully implement the city's automated variable rate
residential collection system in the summer and fall of 2000; AB939
requires municipalities to identify 15 years of disposal capacity -
Waste Management owns and operates 15 Calif. disposal sites; _
Waste Management is the only hauler that owns and operates
multiple transfer and recycling centers in So. Calif.; Waste
Management is the only hauler who has consistently supported
community activities and organizations; residents have voted with
their pocketbooks to select Waste Management as their provider;
over 90% of residents and 70% of businesses have chosen Waste
Management in an open and competitive system. The fact that such
JUNE 6, 2000 PAGE 13 CITY COUNCIL
a large number of residents in D.B. have selected Waste
Management as their trash hauler clearly demonstrates a strong vote
of confidence. In a recent survey done by Waste Management,
12,298 cards were mailed to residents. 1476 were returned (12%
return) over a holiday weekend. Of the residents who responded,
99.25% stated that they supported Waste Management as the City's
waste hauler. In the past two days, Waste Management received an
additional 366 survey cards, 365 of which were positive. In a second
poll completed over the weekend by Public Opinion Strategies, 92%
of residents surveyed stated Waste Management performs waste and
recycling collection in a timely and dependable manner. Of D.B.
residents who had called regarding trash and recycling problems,
95% stated that Waste Management handled their call promptly and
courteously. To add to its customer service capabilities and to serve
D.B., Waste Management wants to expand its current customer
service center. Waste Management is upgrading its current
telephone system from 27 trunk lines to 72 trunk lines including three
T-1 lines for redundancy. Waste Management is fully automating its
electronic message center, adding four new customer service
representatives to help field D.B. calls, and expanding customer
service hours to coincide with its hours of operation for normal
business days and special events. In addition to these unique
services that only Waste Management can provide, it has proposed
the lowest residential rate of any qualified bidder. He asked that
Council direct staff to negotiate a final contract with Waste
Management and to bring that back to Council for final approval.
Waste Management will dedicate the resources necessary to
complete this process. Waste Management hopes that you take
these issues seriously during the selection process.
(2) Dave Perez, Valley Vista, said that Valley Vista knows that
the current D.B. customer base is very happy with its service and
Valley Vista will insure that everyone is happy. Valley Vista has put
forth some fine programs at very affordable rates in its proposal. He
clarified that, although D.B.'s report shows Valley Vista's rates as
being 10 year rates, those rates will be honored for the five year
program as well, which would make Valley Vista the lowest (except for
Mr. Blackburn's proposal) qualified bidder for the City's residential
services and possibly for commercial as well. He thanked Council for
their indulgence and the opportunity to provide a proposal.
(3) Mark Blackbum, Universal Waste Systems, thanked Council
and staff for the fine RFP process. He personally thanked the
Council Members who visited his facility. He was proud to be
in the company of his three competitors. He believed that
Universal Waste Systems is the low bidder in the process.
JUNE 6, 2000 PAGE 14 CITY COUNCIL
Universal Waste is qualified and looking for the opportunity to serve
D.B.
4) Tommy Ouzoonian, Athens Disposal, stated that Athens
Disposal is a family-owned business that services more than 100,000
residences and businesses in this valley. He thanked Council for the
opportunity to participate in this process, which has been the most
thorough program his company had ever witnessed. Council has
visited the facility and spent many hours with his company through
this process. He believed that the decision Council makes will benefit
all of the residences and businesses in the City of D.B. Athens is a
premier company, which met or exceeded all of the qualifications
required by the RFP and by the company's interpretation, ranked #1
overall. The only other issue to be considered by Council is that of
price. As previously stated, Athens is a very friendly negotiator.
Additionally, the company's MRF and transfer station assures that the
low price offered today will be maintained for many years to come,
whether a two- or three -can system is chosen. Athens stands ready
to negotiate and answer any further questions.
Dave Reynolds stated that it was a recommendation of the Solid
Waste Task Force and it is spelled out in the Ordinance that was
adopted by the City Council, that in order to have an incentive to
recycle and reduce waste, that the City would have the variable rate
system - three cans - green waste, recycle container and a variable
size on the trash containers with a price differential that is significant
enough to create the incentive. Of the four hauler prices, two would
create a significant incentive and he is sure that the haulers could
speak to Council and negotiate those prices, but it is not in the spirit
that has gone before. All haulers would provide a green waste
collection program. However, with politics in Sacramento as they are,
including alternative daily cover for green waste diversion credit has
been bounced around for some time. With all of the pressure from
local jurisdictions it would likely stay in place. However, with landfill
closures and with the advent of the number of green waste collection
programs, there is probably more than what could be used as
alternative daily cover, so a good question to the haulers would be
"from the green waste standpoint, what are the assurances that D.B.
will continue to get conversion credit and do you have any higher
value uses as in green waste processing facilities and having a final --
compost product for beneficial land application." Also stressed by the
Task Force, recycling services were to be provided to all multi -family
complexes. In the interview process, was it stressed that this service
is mandatory regardless of whether a multi family complex chooses
to participate. He reiterated the community's concern about three
different trucks being used by each hauler for the program.
JUNE 6, 2000 PAGE 15 CITY COUNCIL
Clyde Hennessee again stated that he favored Waste Management
and he appreciated their fine service. He recommended that Council
adopt a bi-annual review of the contract. He asked if D.B.'s
Franchise Fee is cumulative. Since 1971, he has never had a
problem disposing of bulky items with Waste Management.
Don Gravdahl thanked Council for their due diligence in this matter.
He believed that the three -barrel system would cant' the brunt of the
recycling program load. If Council is concerned about reducing the
diesel particulate, a two -barrel over a three -barrel system reduces the
particulate by 33%. The two -barrel system would cost an overall $1
less.
Dr. Larry Rhodes said that although he would like to see a two -
competitor system in D.B., he will stay with Waste Management.
C/Huff stated that, as the Chairman of the Solid Waste Task Force
and a member of the six -member City panel that interviewed the final
_ four applicants, this has been a long and difficult process. He
expounded on the strengths and weaknesses of each of the four
haulers: Athens is a local firm and is very strong in the San Gabriel
Valley. It is the only company with an existing MRF and has a two -
barrel system. He stated that in a perfect world, he liked the two -
barrel system for many of the reasons that Mr. Gravdahl mentioned.
The problem with that is that the Task Force felt very strongly that a
three -barrel system would be better. The reasoning was that the
intent of Assembly Bill 939 was that people defer and recycle their
waste stream. With a MRF, if you are throwing all of your stuff into
one barrel; you are not encouraging recycling, you are certainly not
teaching your kids to recycle, and you are contaminating some of the
recyclables. So, a three -barrel system will actually help get more
quality recycling materials set aside. He felt he was bound to adhere
to the intent of the Solid Waste Task Force. Additionally, the three
barrel -system that Athens has, as well as their two -barrel, is about a
dollar a month higher. Pricing is complex due to the variables with all
haulers and the City had to come to some degree of compromise. All
in all, Athens is about one dollar higher per month for the two- or
three -barrel system. Universal is a local company based in Pomona.
They have a young and very aggressive management team. He
visited their facility last week and liked their "can do" attitude. His
biggest problem with Universal, and incidentally, they have the
cheapest price, is not their spirit or what they have done in the last
ten years, but it is the depth of management in that if D.B. awarded
a contract to Universal, it would represent one-third of their total
business and that concerned him. For D.B. residents, there must be
backup management in the company so that residents will not be left
JUNE 6, 2000 PAGE 16 CITY COUNCIL
unattended in the event something happens to the chief executive. He
spoke with a Council Member in Pomona who speaks very highly of
Universal. Waste Managemient has been in the City for a long time
and is known to have served the community under various company
names. It has a very broad customer base with over 90% of the
residential and 70% of the commercial business in D.B., which is not
to be discounted. Waste Management has done their due diligence.
They sent out fliers with pre -paid postage asking customers to rate
the company, from which they had a very commendable response.
Waste Management is a safe choice because it is status -quo. It does
not disrupt the system. He believed that Council Members' job is to
not always just take a safe choice, but to do what is best for the
citizens. Waste Management may be safe, but it is not without its
problems and turmoil. During the last few years, there have been a
lot of mergers and acquisitions. The reason that Waste Management
represents 90°% of the residential customers in D.B. is because
Western Waste and Waste Management merged. In looking through
some of the comments, it is interesting that customers who have been _
with the company for some time complain about one or the other
hauler. There has been a lot of tum around in upper management.
The Council has had about four different representatives in the past
couple of years. To their credit, Waste Management now has a great
management team. The question is, where will the company be two,
three or five years down the road because they are the largest waste
hauler in the world, which is not to be discounted. During a recent
Contract Cities function, he received an unsolicited comment from
another City's Council Member who said Waste Management had
pretty good service. However, that City hired an independent auditor,
who was checking out the franchise fees and discovered a substantial
amount of fees that had not been paid to the City. The City was going
back to collect those fees and having to pay $.25 on the dollar to the
auditor for having discovered the discrepancy. Overhearing the
conversation, a person from another City indicated his City had the
same problem. C/Huff discussed the matter with the Waste
Management representative who explained that the underpayment of
franchise fees was a matter of dispute with Western Waste and that
Waste Management was cleaning up the problem. This is a matter
of concern for D.B. Whoever D.B. chooses, the City will want to
negotiate ongoing audit service to make certain that the AB 939 fees
and franchise fees, if so negotiated, are receivedby the City
accordingly. His main concern with Waste Management is that D.B.
would not be "special" to them but just another City on a very long
and impressive list. Customer service is a high priority for the Council
and training has taken place with staff. Council wants a company to
represent it that knows the business of the City, the business of the
area and will treat all customers with respect. Waste Management
JUNE 6, 2000 PAGE 17 CITY COUNCIL
has said, to their credit, that they will implement a program of having
customer service representatives available to respond to telephone
calls when trucks are on D.B.'s streets. It's too bad that they have not
had such service to date. He has had good personal experience with
Waste Management and has spoken with people who have not had
good experience with them. 9 D.B. chooses an exclusive provider, he
believed it is imperative that the City has a provider that is very
focused on customer service. At present, customers do have a
choice. Under a single service provider, customers will not have a
choice. Valley Vista is a 40+ year old family-owned local company
that has an excellent track record of customer service. They do not
have to work to put people on the street when the trucks are here
because they are doing that already. They have, to their credit, built
their company brick by brick over the years and the company has
been transferred to the next generation, which renders the company
stable for another 30 plus years. Valley Vista has a very competitive
price. They have the cheapest price to handle household hazardous
waste, which involves a variety of things such as household paint,
insect spray, batteries, motor oil, etc. Waste Management bid the
hazardous waste pickup at $125 as a fee for a special call to
residences. Athens bid $75. Valley Vista bid $15. However the City
implements the three -barrel system, there will be a change of life in
how residents divert items. And little things add up to big things.
Also, if there is a disabled person needing assistance getting the
barrels to the street, Valley will do this for $1 a month extra as they
are currently doing in La Puente. Waste Management and Athens
want $15 a month extra for this service. Valley Vista runs two man
teams on their trucks and certainly, they have a lot of commercial
experience since they operate in the City of Industry. He believed
that this makes for improved safety and certainly they would be in and
out of commercial facilities more rapidly. What most impressed him
about Valley Vista is their customer service. He spoke with a La
Puente Council Member who said the best thing they did was to
switch providers and that they were really happy with the service that
they were getting from Valley Vista. When they switched to Valley
Vista, the City had a five-year discontinuance it had to go through.
In summary, Chuff indicated that if he had his choice and if it was a
two -barrel system, he would go with Athens. In a perfect world, he
would choose Valley Vista. But it is not a perfect world and the City
has a five-year discontinuance. As one of the previous speakers
indicated, if the contract is let to Valley, for five years Waste
Management, which has 90% of the residential business, different
trucks will be running up and down D.B. streets. It is also not as
seamless to have another company. Certainly, as it is now, the
easiest choice is to go with Waste Management. A few years back,
JUNE 6, 2000 PAGE 18 CITY COUNCIL
D.B., in response to residents, joined with Walnut citizens in opposing
the Materials Recovery Facility (MRF) in the City of Industry. Valley
Vista proposed to build that system. While D.B. likes to take credit for
is forcing them to go away, they chose to go away and they
constructed an alternate site that was listed in their EIR in Azusa. He
believed it would speak highly of this neighboring city, D.B., to honor
their intent and to understand that they made a responsible business
decision and moved the facility to Azusa. His preference was that
D.B. negotiate with Waste Management for residential service and
negotiate with Valley Vista for commercial service and presented that
motion to Council. The reason for proposing two haulers Waste
Management needs to keep their management in order and make
certain that they implement some of the things they have proposed.
Waste Management would certainly have the smoothest transition to
a three -barrel system. On the other hand, for many of the reasons
previously stated, he did not believe the City can discount Valley
Vista and it would not be disruptive to have them handling D.B.'s
commercial. He believed that Valley Vista would be an asset to the
commercial and their price is cheaper than Waste Management's.
For those reasons, he moved that D.B. negotiate as stated.
M/O'Connor asked him to hold his motion, to which he responded that
the rules are that if there is a motion on the floor and there is
discussion, there is no problem.
C/Huff moved to negotiate with Waste Management for residential
hauling and Valley Vista for Commercial hauling. Motion died due to
lack of a second.
C/Chang paid his respects to all four haulers. He spoke about his
consideration of the four haulers and the City's intent to implement an
exclusive hauler system. He explained why he believed that Waste
Management's 10 year rate with a 5 year review of service quality is
the best option for D.B.
C/Herrera thanked C/Huff for providing an analysis of the
subcommittee's review and evaluation of the four companies. She
asked each hauler how they will conduct the customer education that
will be necessary for the recycling.
Dennis Chiapetta, Operations Manager, Athens Disposal, described
the public outreach program to be utilized by his firm.
Mark Blackburn, Universal Waste, described his company's public
outreach program.
JUNE 6, 2000 PAGE 19 CITY COUNCIL
Dave Perez, Valley Vista, explained his firm's public outreach
program.
Ray Anderson, Waste Management, explained his company's public
outreach program.
C/Herrera asked if Waste Management's offer of a 10 -year rate with
a review after five years would stand if the Council selected Waste
Management to provide residential service and selected another
hauler to provide commercial service.
Ray Anderson, Waste Management, responded to C/Herrera that his
company believes there may be better opportunities in the
commercial side in D.B. based on the pricing. He did not believe that
it is fair to the companies who have bid and gone through a process
or those who decided not to bid to come back at the 11"' hour and ask
them to do something differently.
MPT/Ansari believed that everything is negotiable. She expressed
concern about reaching the 50% diversion rate and explained why
she might prefer a two -barrel system. However, this was not the path
selected by the Council's Solid Waste Task Force, nor was it the
intent of AB 939. She commended the haulers for their individual
strengths. She did not like a monopoly. Residents have been very
clear that they do not want more than one hauler servicing a
residential area. She was also concerned about education, which all
four haulers adequately addressed. Further, she was concerned
about the AQMD requirements for the CNG trucks and indemnification
in the event D.B. did not reach its 505 conversion. Her primary
concern is the 5 -year discontinuance. Waste Management has
repeatedly stated that they will stay for the five years. She concurred
with C/Huffs proposal to split the service between two haulers with
Waste Management serving the single family residences with the
commercial hauler being Valley Vista. She said that she would
second C/Huffs motion.
CMBelanger responded to M/O'Connor that the four haulers have
presented bids and not contracts. Under the law, Council has the
authority to negotiate without going out to bid.
CA/Jenkins concurred with CM/Belanger. He believed that the City
retained sufficient flexibility in the RFP document to arrange for a split
or for a single contract. He did not believe there would be any
necessity, legal or otherwise, to go out to bid again.
JUNE 6, 2000 PAGE 20 CITY COUNCIL
WO'Connor thanked the waste haulers for their participation in this
process. She reminded her colleagues that Waste Management has
90% of the City's business due to mergers. She stated that Council
would be remiss if it did not address the five' -year discontinuance
issue. As previously stated, it is important to the residents that trucks
be eliminated from residential neighborhoods. Customer service will
be a critical component of any contract negotiations.
C/Huff took exception with a statement made by Ray Anderson,
Waste Management, in response to a question by C/Herrera. In fact,
there have been changes on both sides of the fence and negotiations
are ongoing until a contract is let.
C/Chang believed a monopoly is appropriate in this situation. 70%
of the commercial business chose Waste Management as their hauler
and now the City is forcing them to change. He believed that by
selecting a single hauler, the truck traffic will be reduced in the
community. If negotiations stall between the two haulers, the Council
will have to reconsider the matter.
CM/Belanger responded to WO'Connor that if "The Country Estates"
residents have bins, they are considered to be commercial accounts.
If they do not have bins, they are considered to be residential
accounts. The distinguishing factor is the type of container that is
used. Certain multi -family residential will also be considered
commercial under the contract.
C/Huff moved, MPT/Ansari seconded, to direct staff to negotiate with
Waste Management to provide exclusive service for residential and
Valley Vista to provide exclusive service for commercial at the 10 year
rate. Motion carried 4-1 by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/Ansari,
WO'Connor
NOES: COUNCIL MEMBERS -Chang
ABSENT: COUNCIL MEMBERS - None
RECESS: WO'Connor recessed the meeting at 10:09 p.m.
RECONVENE: WO'Connor reconvened the meeting at 10:17 p.m. ---
7. PUBLIC HEARINGS:
7.1 (a) RESOLUTION NO. 93-66b AMENDING THE POLICIES,
PROCEDURES AND REGULATIONS FOR THE USE OF FACILITIES
OPERATED BY THE CITY OF DIAMOND BAR - The Parks and
JUNE 6, 2000 PAGE 21 CITY COUNCIL
Recreation Commission reviewed the Park Use Policies and
recommend two significant policies: (1) Charge for Picnic
Reservations in City Parks (2) Charge for reserved use of outdoor
athletic facilities at Lorbeer Middle School. The purpose of these
charges is to recover the costs related to providing these services.
(b) RESOLUTION NO. 93-67A: ESTABLISHING FEES AND
CHARGES FOR RENTAL OF PUBLIC FACILITIES - If Council adopts
the revised Park Use Policies, adoption of this resolution will result in
establishment of the following new fees: (1) Park Picnic Reservations
- $25.00 per four hour period of use; (2) Lorbeer Middle School
Athletic Field Reservations - $12.00 per hour light charge and $5.00
per hour without lights. The intent of these fees is to recover the
costs related to providing these services to the community. Estimated
total annual revenue for these new proposed fees is $24,500.
M/O'Connor opened the Public Hearing.
Martha Bruske believed picnics belong in parks and athletic events
belong in schools. After a great deal of consideration, she decided
she was opposed to this Resolution. It is wrong to charge people to
picnic in the parks unless it is a very large group (175 or so). D.B. is
supposed to be able to support its parks.
Jeff Koontz, Executive Director, Chamber of Commerce, pointed out
that the Chamber paid a fee to the City to reserve Peterson Park for
its Casino Night held last April.
Following discussion, C/Herrera moved, M/O'Connor seconded, to
adopt Resolutions 93-66B and 93-67A, eliminate the charge for picnic
reservations in City parks and implementing, in Paragraph b, a
requirement for a $12/hour light charge and a $5/hour charge without
lights at Lorbeer Middle School. Motion failed by the following Roll
Call vote:
AYES: COUNCIL MEMBERS - Herrera, M/O'Connor
NOES: COUNCIL MEMBERS - Chang, Huff, MPT/Ansari
ABSENT: COUNCIL MEMBERS - None
C/Huff moved, MPT/Ansari seconded, to adopt Resolutions 93-668
and 93-67A, include the charge for picnic reservations for non-
residents of D.B. in City parks in the amount of $25, with no charge
for lights at Lorbeer Middle School to residents or non-resident club
teams, but charge for-profit non-resident club teams. Staff was
directed to report the results of these resolution implementations in
approximately one year. Motion carried by the following Roll Call
JUNE 6, 2000 PAGE 22 CITY COUNCIL
vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/Ansari
NOES: COUNCIL MEMBERS - Chang, M/O'Connor
ABSENT: COUNCIL MEMBERS - None
7.2 FISCAL YEAR 2000-01 MUNICIPAL BUDGET - The proposed budget
reflects General Fund Resources in the amount of $15,769,955 and
General Fund Expenditures in the amount of $14,701,490 for a net
projected increase in General Fund balance of $1,068,465. Since the
Study Session on May 16, the State Controller's Office has provided
revenue budget estimates for Motor Vehicle In -Lieu and Gas Tax
Revenues. These numbers have been incorporated into this version
of the budget. In addition, the Special Funds Budget is included.
M/O'Connor opened the Public Hearing.
There being no testimony offered, M/O'Connor continued the matter
to the June 20, 2000 meeting.
9. NEW BUSINESS:
9.1 RESOLUTION NO. 2000-39: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS
AND SPECIFICATIONS FOR SPORTS FIELD LIGHTING AT
PANTERA PARK, IN SAID CITY AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS
- Ball field lighting at Pantera Park is one of the highest -ranked
priorities listed in the Parks Master Plan. Plans and specifications
have been developed and reviewed and are prepared to go to bid.
The engineer's estimate for construction is $286,800. A total of
$325,000 in Park Development funds has been requested in the
proposed 2000/01 FY budget for this project. Neighborhood meetings
about this project were held in 1995 and again in March, 2000. The
neighbors have expressed concerns about noise, parking and traffic
that park activities would bring into the neighborhood. Ball field
lighting use is restricted by the Park's Conditional Use Permit (CUP)
to 8:00 p.m. Sunday through Thursday; and to 9:00 p.m. on Friday
and Saturday. The intent of this scheduling restriction is to serve as
a compromise between the needs of the overall community and the
needs of the immediate neighborhood. Staffs goal for this project is ---
to have the lights operational by the end of daylight savings time in
October 2000.
Martha Bruske did not believe exceptions can be made for individual
neighborhoods. The same rules have to apply to every park.
JUNE 6, 2000 PAGE 23 CITY COUNCIL
Dave Reynolds agreed with Mrs. Bruske that park use has to be
applied evenly throughout the City. Peterson Park has been trampled
due to overuse. Nighttime activities need to be more evenly
distributed. However, he was concerned about the photos presented
by Mr. and Mrs. Ackerlind. When changes are made to parks that may
affect security, it must be monitored carefully.
C/Huff moved, MPT/Ansari seconded, to adopt Resolution No. 2000-
39 and authorized and directed the City Clerk to advertise to receive
bids. 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 APPROVED FIRST READING OF ORDINANCE NO. 04(2000): AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AMENDING THE CITY OF DIAMOND BAR MUNICIPAL CODE
BY ADDING CHAPTER 8.25, RELATING TO VECTOR CONTROL
AND MANAGEMENT - The Greater L.A. County Vector Control
District has requested that an ordinance be established that would
allow City authorized personnel and the Vector Control District to
abate or require abatement of feral bees and other vector infestations
from public and private property, when necessary for public health
and safety concerns. The Ordinance seeks to minimize the potential
public health threat associated with Africanized HoneyBees within the
City.
Martha Bruske agreed with the Ordinance and asked who would pay
for the service. If she has bees at her house, who does she call and
will she have to pay for the service.
CM/Belanger responded that the Ordinance authorizes the Vector
Control District to enforce the Ordinance. Individuals currently pay for
the cost of the Vector Control District in their property tax.
C/Ansari moved, C/Huff seconded to approve for first reading by title
only and waive full reading of Ordinance No. 04(2000) Amending the
City of Diamond Bar Municipal Code by adding Chapter 8.25,
Relating to Vector Control and Management. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/
Ansari, M/O'Connor
NOES: COUNCIL MEMBERS - None
JUNE 6, 2000 PAGE 24 CITY COUNCIL
ABSENT: COUNCIL MEMBERS - None
9.3 CONSIDERATION OF APPOINTMENT OF °EAST END PROJECT"
ADVISORY COMMITTEE - The City of Industry has circulated a Draft
Environmental Impact Report (DEIR) related to the proposed East
End Project. The project consists of 6.6 million sq. ft. of industrial and
commercial development. The Draft EIR indicates that there will be
impacts on D.B. streets and upon property owners. Council is
considering the establishment of an advisory committee related to the
project.
M/O'Connor appointed herself and C/Huff as Council Member
representatives to the Advisory Committee. She requested that
homeowners in the affected area submit names for Council selection
to the East End Project Advisory Committee.
Martha Bruske agreed that this is a major issue for D.B. She did not
want to see a repeat of the Lanterman Advisory Committee because
they do not report back to the community unless Sue Sisk makes a
statement. She believed this is a different situation. In both cases
there is an EIR but the City has not put ads on Channel 12 and it has
not communicated with the people. Therefore, she is not certain that
an Advisory Committee will help. She did not foresee any change in
the outcome. D.B. is surrounded by the very powerful City of
Industry. A road through Tonner Canyon involves an agreement with
the City of Industry so what is going to be the tradeoff. She believed
the best course of action is to actively plan mitigation to the impacts
on businesses and residents and she did not believe it could be done
through an Advisory Committee. She instead recommended the
Council consider holding Town Hall meetings in every neighborhood
and seek suggestions from the residents and from the Chamber of
Commerce. Finally, do not allow a General Plan amendment to open
Washington Street.
Jeff Koontz, Executive Director, Chamber of Commerce, stated that
for those people who watch the Channel 12 program just prior to this
City Council meeting, the entire one-half hour show was dedicated to
the ramifications of the Industry East project. He agreed with Mrs.
Bruske that the project is probably a "done deal.' He believed that
D.B. probably does not need to do the mitigation that the City of
Industry would like it to do since the project gains D.B. nothing. The
Chamber of Commerce is totally opposed to the project as put forth
and the Chamber will do all it can to help get the word out to the
public.
JUNE 6, 2000
PAGE 25 CITY COUNCIL
M/O'Connor agreed that businesses should be represented on the
Advisory Committee. She stated that she received a call from the City
of Industry yesterday in response to D.B.'s response to the EIR along
with numerous letters, e-mails and calls from residents living in close
proximity to the project. Industry has instructed their traffic
consultants to review the impact of keeping Washington St. closed,
which she viewed as a positive step.
C/Herrera stated that the development of this Advisory Committee
was at the request of many affected residents who wanted
information, clarification, guidance and suggestions on how to
proceed from the Council. She believed that Council is responding
to the request of those residents in developing this committee.
RECESS TO REDEVELOPMENT AGENCY: M/O'Connor recessed the City
Council meeting to the Redevelopment Agency meeting at 11:15 p.m.
RECONVENE CITY COUNCIL MEETING: M/O'Connor reconvened the City
Council meeting at 11:17 p.m.
10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS:
C/Herrera stated that Lanterman Advisory Committee meetings are public
meetings and she and CMBelanger report on what occurs at these meetings
at almost every City Council meeting. The Committee is Advisory to Council
to give input on the proposed Lanterman Expansion Project. As the
community is well aware, the matter is in a holding pattern at this time.
C/Chang stated that June is Asian Pacific Month. He spoke about several
celebrations he attended in recent days, including two that were held in D.B.
He and CM/Belanger attended the SCAG meeting in Sacramento on behalf
of the City. CM/Belanger hand carried 200 plus letters seeking support of the
Lanterman 15 -point document, which were given to the city's lobbyist. That
evening, they attended a dinner during which they met several Legislators,
Assembly Members and Senators from whom they requested support of
D.B.'s position with respect to Lanterman.
Chuff responded to a prior speaker indicating that the City undertook a very
lengthy process with respect to the matter of a Community Center. One of
the high priorities of the task force was to keep the center close to the center
of the community. A speaker spoke about the Metrolink overflow parking on
Washington St. and C/Huff said he believes it would be helpful for D.B. to
establish a dialogue with the City of Industry to determine Industry's plans
are for Metrolink and to also determine the ridership. He suggested that the
City request that the City of Industry remove the red curbing along their
portion of Brea Canyon Rd. At a prior Alameda Corridor East meeting, the
JUNE 6, 2000 PAGE 26 CITY COUNCIL
group moved the Brea Canyon Rd. crossing to its second phase and in its
place Nogales will be completed in the first phase. He had the privilege of
working at the Irwindale Speedway on Saturday on behalf of the D.B.H.S.
Marching Band fund raising effort. He, M/O'Connor and CM/Belanger today
toured Diamond Ranch High School. It is a spectacular facility and a tribute
to the community. He encouraged residents to visit the site. It should not
go unsaid that D.R.H.S. was made possible by the City of Industry. D.B. did
not inherit low-income housing with the school. .
MPT/Ansari said she had been very involved in the storm water runoff issue
during the past few weeks. Tomorrow, she will testify before the State's
Regional Water Board on storm water runoff representing the 33 cities that
appealed the January 26 decision. Last Thursday, she was elected Vice -
Chair of the Energy Environment Committee, which means that next year
she will be the Chair. She was also appointed to the Executive Board, which
is involved with policy making. She is finished with her So. Calif. Leadership
class and she will graduate on Thursday at the City Club. Last weekend,
she was in Sacramento and had an opportunity to speak with several
legislators concerning Lanterman. In recognition of D -Day (June 6) she
thanked all of the veterans who served their country in the armed forces.
She will travel to New Jersey on Friday to join in the celebration of the
occasion of her mother's 8e birthday. She will return to D.B. in about 10
days.
M/O'Connor congratulated MPT/Ansari on her completion of the So. Calif.
Leadership course. She reported that she received a letter of resignation
from Eileen Tillery as a member of the D.B. Community Foundation. She
asked that the June 20 City Council agenda include an item related to
appointment of a replacement for Mrs. Tillery.
ADJOURNMENT: There being no further business to conduct, M/O'Connor
adjourned the meeting at 11:33 p.m. in memory of all who participated in the D -Day
operation 54 years ago and in memory of D.B. Amateur Radio Society Member
Harry Kowalski.
ATTEST:
Mayor
LY DA BURGESS, City Clerk