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HomeMy WebLinkAbout10/3/2000 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 3, 2000 CLOSED SESSION: M/O'Connor called the Closed Session to order at 5:00 p.m. in Room CC -8 of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, CA. Discussion regarding: City Manager Evaluation (G.C. 54957 - Public Employee Performance Evaluation) Present: Council Members Chang, Herrera, Huff, Mayor Pro Tem Ansari and Mayor O'Connor. 1. CALL TO ORDER: Mayor O'Connor called the regular City Council meeting to order at 6:40 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Chang. INVOCATION: The invocation was given by Ron Rose, Associate Pastor, Calvary Chapel. ROLL CALL: Mayor O'Connor, Mayor Pro Tem Ansari, and Council Members Chang, Herrera, Huff. Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; James DeStefano, Deputy City Manager; David Liu, Director of Public Works; Bob Rose, Community Services Director; Mike Nelson, Communications and Marketing Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: CM/Belanger recommended that Item 6.5 be continued to October 17, 2000. The Council concurred. 3. A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1 Proclaimed October 7, 2000 as the "8T" Annual Memory Walk Benefit for the Los Angeles Alzheimer's Association." 3.A.2 Captain Yim introduced Deputy Diane Dodd, new Diamond Bar Team Leader. 3. B. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Belanger stated that tomorrow the Los Angeles County "rolling walkout' strike will close the D.B. Library. At this time, Mrs. Wang, Librarian does not know the extent of the closure; however, she will keep the City apprized of future developments. OCTOBER 3, 2000 PAGE 2 CITY COUNCIL CM/Belanger further stated that, in accordance with the City's new waste hauling contracts, Waste Management will begin distribution of three waste containers to each residence during the week of November 13, 2000 commensurate with collection days. The containers will consist of a 64 - gallon container for non-recyclables, a second container for recyclables and a third for green waste. The cost of the 64 -gallon service, which consists of three 64 -gallon containers, is $14.96 for the three containers. If a resident chooses a smaller container, the cost will be slightly lower and for larger containers, the cost will be slightly higher. Container distribution will take place over a five-day period. Commercial/industrial transition has begun and will be fully implemented on November 1. During the discontinuation period, Valley Vista has the right to bin -served pickup and Waste Management has a discontinuance right for the next five years. For a period of time, there may be two companies doing collection in the commercial/industrial areas of the community. In response to M'O'Connor, Ray Anderson, Waste Management, explained that residents would receive a standard 64 -gallon system. Residents can order a second 64 -gallon recycling container or a second 64 -gallon green waste container at no extra charge. Residents will have a 64 -gallon black trash container and they can obtain two additional recycling containers and two additional green waste containers at no extra charge for the $14.96 rate. There would be an additional charge for a third container. Residents who do not fill out a postcard requesting specific containers will receive three standard 64 -gallon containers, one for green waste, one for recycling and one for waste. Residents have 60 days to change the size of their containers at no additional charge. He reminded the public that Waste Management offers significant discounts for senior residents (60 years of age and above). Seniors who have not previously received service are asked to send a photocopy of their driver's license with their request. 4. PUBLIC COMMENTS: Andrew Wen, 23545 Goldrush Drive, is concerned about the City's six -ball limitation rule for tennis players. Jennifer Wu said she does not enjoy playing tennis when she is limited to carrying six tennis balls onto the court because she spends too much time picking up the tennis balls. She asked Council to remove the rule. Wai Wai Cheng, through an interpreter, presented a 50 -signature petition to the City Council asking that the six -ball rule be removed. David O'Connor, President, D.B. Amateur Radio Society, voiced concern that State legislation regarding antennas has been put on hold. Amateur radio operators, by federal regulation, engage in emergency and other public service communications. The Governor vetoed SB 714, which was a measure passed unanimously by the State Assembly and Senate. The OCTOBER 3, 2000 PAGE 3 CITY COUNCIL intent of SB 714 was to bring the State into concordance with Federal laws governing amateur radio antennas as has been done by 10 other states. As a result of the veto, the decision has been left ,to local legislative bodies which, in many cases, consist of people who are unfamiliar with the situation. Clyde Hennessee once again voiced his opinion about November ballot propositions. Takashi Wakamatsu, 22000 Birdseye Dr., said it is very difficult to play tennis with only six tennis balls and he did not wanted to be limited as to the number of balls he could use. Joseph Chang, 2846 Eaglecrest PI., said his children recently took tennis lessons through the City and they were not limited to the number of balls that they could use. He thought the six -ball rule is ridiculous and that the City should focus on other matters. Jung Huh, 1110 Cleghorn Drive #A, thanked Council for their efforts toward beautification of the community. He also complained about the six -ball rule and asked Council to reconsider the City's rule. Sue Sisk stated that City tax dollars are wasted when street sweepers have to "dodge" parked cars. The Chaparral Middle School traffic on Mountain Laurel Way and D.B. Blvd. is horrific. Vehicles constantly violate the bike lanes. She suggested that the bike lane be narrowed to allow for additional through traffic. She asked if the City is following up on Section 1020 of the Vehicle Code and the removal of non-operable vehicles and trash. She asked why cable information is not available for the community on the City's Web site. She stated her concern about the SCAG traffic study suggesting the addition of a truck lane on the SR 60, which would necessitate cutting through the golf course and removing 100 D.B. homes and asked why the community had not been informed about this matter. Philip Tom was also concerned about the six -ball limitation on City tennis courts. Because someone is taking advantage of the tennis courts, all residents suffer from this limitation. 4. B. RESPONSE TO PUBLIC COMMENTS: CM/Belanger explained that the six -ball rule was a carryover from L.A. County days. Because of problems with unauthorized teaching at the tennis courts, enforcement of the six -ball rule has been stepped up. CSD/Rose stated that the six -ball rule had been posted on the City's tennis courts since incorporation. The rules were reviewed by the Parks & Recreation Commission in 1996 and at that time, the six -ball was retained. OCTOBER 3, 2000 PAGE 4 CITY COUNCIL The purpose of the rule is to prevent unauthorized instructors from conducting private lessons on the City's courts and when a basket of balls is used; it is common for the balls to spill over onto neighboring courts presenting a safety concern. The recent enforcement has to do with the ongoing illegal private instruction that takes place. Speakers are invited to the next Parks & Recreation Commission meeting to express their concerns. DCM/DeStefano stated that the City's Code Enforcement staff has been on a pro -active implementation policy since the beginning of the year. Officers visit neighborhoods and address a number of Code Enforcement violations based upon their observation in those areas. In the particular neighborhood referenced, there may be violations ranging from trashcans left at street side too long to inoperable vehicles. Depending upon the type of violation observed, the Code Enforcement Officers will use their judgement in the timeframe necessary for securing compliance and the type and style of necessary follow up. In the case of inoperable vehicles, a more formal notice will be provided and the City will work with the owner to secure an operable vehicle or to assist the owner in moving the vehicle. If compliance is not achieved within 30-60 days, the vehicle can be towed from the properties via the Sheriff's Department. DCM/Doyle stated that the Lanterman Public Meeting date replay is advertised on the City's Web site under the Lanterman section. M/O'Connor asked staff to follow up on the non -response from Adelphia's customer service. M/O'Connor reminded residents that she announced at the last Council Meeting that SCAG is holding meetings in this area. A Truck Lane Task Force meeting is scheduled for Thursday, October 26 at the SCAG office in Los Angeles. Contact the City for the time of the meeting. MPT/Ansari explained that the truck lane study began several years ago and no decision has been made. The process is ongoing. C/Herrera explained that SCAG is considering several options. Removal of a portion of the golf course and several homes to accommodate a truck lane is the most expensive proposition and there is no funding available. SCAG is gathering public opinion regarding these options. M/O'Connor announced that the Lanterman meeting of September 14 was shown last Friday at 3:00 p.m., last night at 7:30 p.m. and it will be shown again on October 6 at 3:00 p.m. Adelphia has agreed to show the program again if the community wishes. OCTOBER 3, 2000 PAGE 5 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - October 7, 2000 - 9:00 a.m. - 3:00 p.m., Mt. SAC parking Lot B, 1100 N. Grand Avenue, Walnut 5.2 PLANNING COMMISSION MEETING - October 10, 2000 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.3 CITY ON-LINE COMMITTEE - October 11, 2000 - 6:00 p.m., SCAQMD Room CC -8,21865 E. Copley Dr. 5.4 TRAFFIC AND TRANSPORTATION COMMISSION MEETING - October 12, 2000 - 6:00 p.m. - 7:00 p.m. SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - October 17, 2000 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.6 DIAMOND BAR BUSINESS EXPO - October 21, 2000 - 9:00 a.m. to 3:00 p.m., Kmart Parking Lot, 249 S. D.B. Blvd. 6. CONSENT CALENDAR: MPT/Ansari moved, C/Huff seconded, to approve the Consent Calendar with the exception of Item 6.5, which was continued to October 17, 2000. 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 City Council Study Session of September 19, 2000 - As submitted. 6.1.2 Regular City Council Meeting of September 19, 2000 - As submitted. 6.2 APPROVED VOUCHER REGISTER - dated October 3, 2000 in the amount of $973,835.83. M/O'Connor abstained from approval of the following Voucher Register item due to a potential conflict of interest regarding the Lanterman Forensic Expansion Project: P.O. 10221 in the amount of $157.50. OCTOBER 3, 2000 PAGE 6 CITY COUNCIL 6.3 APPROVED EXTENSION OF TENNIS INSTRUCTOR CONTRACT - with Tennis Anyone in an amount not to exceed $40,000 for FY 2000/2001. 6.4 APPROVED EXONERATION OF CASH DEPOSITS GIVEN IN LIEU OF A GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) AND FAITHFUL PERFORMANCE BOND FOR SANITARY SEWER INSTALLATION FOR THE PROPERTY LOCATED AT 22344 AND 22364 GOLDEN SPRINGS DRIVE (CURRENT OWNER IS CALVARY CHAPEL) - a) exonerated cash deposit in lieu of grading bond (faithful performance, labor & material) in the amount of $8,520; b) exonerated cash deposit in lieu of faithful performance bond for sanitary sewer installation in the amount of $18,000; and c) directed the City Clerk to notify the owner and surety of these actions. 6.5 CONTINUED TO OCTOBER 17, 2000 - INLAND VALLEY HUMANE SOCIETY AND S.P.C.A. (IVHS) CONTRACT FOR FISCAL YEAR 2000-01 - The contract for animal control services through the IVHS expired June 30, 2000. IVHS has submitted a contract for FY 2000- 2001 in the amount of $72,486. This is a $7,242 increase over last -- year's contract amount ($65,244). Based on the information provided in the staff report, staff recommended that the Council approve a one- year contract keeping the contract at its current rate ($65,244) by adopting a new fee schedule. A resolution to adopt a new fee schedule will require a public hearing, which will be scheduled for October 17, 2000. 7. PUBLIC HEARING: 7.1 PUBLIC HEARING - RESOLUTION NO. 2000-51: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RE: ASSEMBLY BILL 939 FEES - In 1990, the City established AB 939 fees for residential and non-residential accounts to offset the costs of preparing, adopting and implementation of the integrated waste management plan/program. These fees have never been increased since, although the requirements of AB 939 have increased. Recently, the City enacted a new solid waste ordinance and entered into long term agreements for solid waste and recycling services with two haulers. Moreover, the City reported that its AB 939 -diversion rate was only at 28% in 1999; most likely due to problems in reporting tonnage at local landfills. To address the increased reporting and monitoring requirements of complying with the 50% diversion goal and the challenges of implementing the state-of-the-art solid waste and recycling system, the City is planning to revise its fee schedule. As the City is the responsible agency to meet the AB 939 goal, State law enables the City to enact fees to help it implement programs; non- OCTOBER 3, 2000 PAGE 7 CITY COUNCIL compliance with the goal can result in fines of up to $10,000 per day. M/O'Connor opened the Public Hearing. Clyde Hennessee spoke about AB 939. Larry Liebersbach, Waste Resource Diversions, encouraged the City to consider exempting recycling containers from tax to encourage recycling. Waste Resource Diversions' one customer contributed 607 '/2 tons of recyclable material in 1999. To date in 2000, the company has contributed 435 tons of material. Jeff Koontz asked what the anticipated increase in fees would do to the City's diversion rate. Will the City reach its 50% diversion rate barrier. Does the last line of the recommended action have an open door to it or can the fee be changed to meet the "limitation requirements." There being no further testimony offered, M/O'Connor closed the Public Hearing. In response to Mr. Hennessee, CM/Belanger explained that Proposition 37 on the November ballot seeks to modify the effect of the decision known as the "Sinclair" decision wherein a public agency assessed a fee on Sinclair Paints. The fee was related to environmental mitigation. Sinclair Paints considered the fee to be a tax rather than a traditional fee. The courts disagreed and this initiative has been placed on the ballot to effectively change the effect of that decision. This proposal is not on -point with the Sinclair Paint case. D.B. is proposing that an administrative fee is not a regulatory fee and it is not an environmental regulation fee or anything of that nature. CA/Jenkins concurred with CM/Belanger. In response to Mr. Koontz' concern, CM/Belanger stated that whether the City has an open-ended ability to change the fee at any time, State law requires that any change to a fee must be done after a duly noticed Public Hearing by City Council action. In response to M/O'Connor, J. Michael Huls explained that, in order to encourage recycling, there is no fee on any recycling in the City. Following Council . discussion, C/Chang moved, MPT/Ansari seconded, to adopt Resolution No. 2000-51 amending AB 939 administrative fees to a level commensurate with implementation requirements. Motion carried by the following Roll Call vote: OCTOBER 3, 2000 PAGE 8 CITY COUNCIL AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/ Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. OLD BUSINESS: None 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY: M/O'Connor recessed the City Council meeting to the Redevelopment Agency meeting at 8:33 p.m. RECONVENE CITY COUNCIL MEETING: M/O'Connor reconvened the City Council meeting at 8:35 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS: C/Huff stated that he had attended several traffic -related meetings during the past two weeks. He served on a panel at the September 21 Economic Conference that discussed the transportation infrastructure in the area. He attended the APTA Conference in San Francisco, funded by Foothill Transit. The purpose of the conference was to find ways to encourage people out of their cars and into other more economical forms of transportation which frees roadways. He announced that on October 18, a public meeting would be held on the Temple Avenue Crossing at Shilo Hilltop from 6:00 to 8:00 p.m. He reminded concerned residents that the SCAG truck study public meeting would be held on Thursday, October 26. C/Herrera announced that the Lanterman Advisory Committee would meet on Tuesday, October 10 at 7:00 p.m. The City has approved the document of agreement. The City of Pomona approved the document last evening. The City of Walnut has yet to approve the document. The committee is seeking public input with respect to the proposed security plan and notification process, which has not yet been written. C/Chang attended the Chamber of Commerce Board Meeting and outlined the provisions of the agreement and informed attendees that the non-binding agreement with DDS and the State had been approved. He also informed the Chamber about the court's decision regarding the Redevelopment Agency's plan. As a result of the decision, Chamber members/business people are very concerned about the economic climate of D.B. and the City's inability to compete with neighboring communities for businesses. He took a personal business trip to Taiwan during which he visited Taipei City - - officials. The officials extended an invitation to D.B. H.S.'s band for November 2000. Unfortunately, the D.B.H.S. band has a previous engagement and Taipei City does not yet have a budget for 2001. If the band cannot go this year, 2001 will not be possible. The band is considering a trip in 2002, which gives the students time to prepare. He encouraged OCTOBER 3, 2000 PAGE 9 CITY COUNCIL residents to attend a candidate forum to be hosted by the Moslem Public Affairs Counsel and Southern California Ecumenical Council, which covers the 29th Senatorial District. Ballot issues and candidate representation are important to consider. He also encouraged residents to tune in to the presidential and vice-presidential debates. Don't forget to register to vote by October 10 and vote on November 7. MPT/Ansari stated that following the September 19 Council Meeting, she traveled to Rohnert Park to attend a Diversity Counsel meeting. She was appointed by the Southern California Region to represent 174 cities in the six -county region. The group consists of all of the wildlife groups, Bureau of Land Management, the State Water Board, Fish and Game Department, conservation groups, conservancy groups, etc. Discussion issues include land use planning and other issues that affect cities and areas throughout the state. Most of the attendees were from Sacramento and Northern Calif. In response to an earlier speaker, MPT/Ansari will have information available at City Hall from SCAG meetings she attends. Tomorrow and Thursday, she will attend a regional meeting to discuss regional housing assessment needs. Regional Transportation Plan workshops will be held in the future and federal funding requests will be issued in 2001. She was concerned about whether the 57/60 HOV and weave lane improvements will solve the traffic issues. She believed that D.B. should push for additional federal funding to take care of future problems. She asked staff to request that CalTrans provide the latest traffic statistics with respect to 57/60 traffic impacts. M/O'Connor stated that on September 20, she, C/Herrera and C/Huff attended the Contract Cities meeting held at Fire Department headquarters. On September 21, she, C/Huff and staff members attended the Economic Outlook Conference at the Industry Sheraton during which the economics of the San Gabriel Valley were discussed. There are jobs available in the San Gabriel Valley; however, companies are finding it difficult to locate qualified technical personnel. Also on September 21, she attended the D.B. Community Foundation meeting. The Foundation was established to conduct fund-raising for parks and cultural activities in D.B. On September 22, she, C/Huff and staff members met with the Community/Senior Center architect and established a timeframe and time -line for activities. A community -wide meeting is planned for the middle of November. On September 23, she represented Council at the Walnut Valley Kiwanis installation dinner. On September 24, she represented Council during the Eagle Scout Awards. Two young D.B. residents from a Korean group received the awards. On September 26, she attended the Industry Manufacturing Counsel luncheon (Chamber of Commerce for the City of Industry) at which Sheriff Baca was the featured speaker. On Wednesday and Thursday she, three staff members from the Communications and Marketing Department, CM/Belanger, DCM/Doyle and DCM/DeStefano attended the Western Regional International Council of Shopping Centers in Palm Springs. She approached Trader Joe's to locate in D.B. and was told that they are not OCTOBER 3, 2000 PAGE 10 CITY COUNCIL interested in locating in the City. Council and staff continue to encourage businesses to locate in D.B. On Wednesday, she also attended the District Sanitation Meeting and the D.B. Kiwanis installation dinner, during which Mack Kuykendall was installed as President. On September 9 she, MPT/Ansari and staff members attended the "Eggs and Issues" breakfast at which Supervisor Don Knabe spoke about the current problems L.A. County is having with the MTA as well as other "rolling strikes." The County Clerk's office will be offering touch -screen voting in conjunction with the November 7 general election. All registered voters may go to any of the nine convenient locations which will be open October 16 through November 6, 8:30 a.m. to 4:30 p.m. Monday through Friday. The closest office to D.B. is the West Covina City Hall. Detailed information is available at the D.B. City Hall. ADJOURNMENT: There being no further business to conduct, M/O'Connor adjourned the meeting at 9:08 p.m. in memory of Elmer Hardaway, Finance Director Linda Magnuson's father, and Irene Armentrout, Emergency Services Coordinator Philip Armentrout's mother. L DA BURGESS, City Clerk ATTEST: Jeri. /� D DEBBY O'CONNOR, Mayor