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HomeMy WebLinkAbout11/7/2000 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 7, 2000 1. CLOSED SESSION: 5:30 p.m., Room CC -8, South Coast Air Quality Management District. 1) Public Employment - GC 54957.6 - discussion of Interim City Manager Contract. 2) Conference with Legal Counsel - Initiation of Litigation - GC 54956.9 - one case 2. CALL TO ORDER: Mayor O'Connor called the Regular City Council Meeting to order at 6:30 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mike Armijo, "The Weekly" INVOCATION: The Invocation was given by Reverend Mike Schuenemeyer, D.B. Congregational Church. ROLL CALL: Mayor O'Connor, Mayor Pro Tem Ansari, and Council Members Chang, Herrera, Huff. Also present were: James DeStefano, Interim City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; David Liu, Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications and Marketing Director and Lynda Burgess, City Clerk. CA/Jenkins reported that there was no reportable action taken during the Closed Session. APPROVAL OF AGENDA: M/O'Connor requested that Council Subcommittee Reports and Council Member comments be suspended this evening. Council concurred. 3. A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1 Proclaimed November 15, 2000 as "America Recycles Day." 3.A.2 Presented Certificates of Recognition to D.B. resident David Reynolds, Southcoast Cabinets, and Cimarron Oaks VIII Homeowners Association - "Trash Cutters Award" recipients. 3.A.3 Presented Certificate of Recognition to Andrew Sumpter, D.B. resident, National Academic All-American Scholar. NOVEMBER 7, 2000 PAGE 2 CITY COUNCIL 3.A.4 Quarterly Crime Statistic Report presented by Walnut/Diamond Bar Sheriff along with an update on Civilian Advisory Committee, now called the "Public Safety Committee." 3.A.5 Presentation on the City's New Trash Program by Ray Anderson, Waste Management. 3. B. INTERIM CITY MANAGER REPORTS AND RECOMMENDATIONS: None offered. 4.A. PUBIC COMMENTS: Joe Dunn, Production Manager, Adelphia Cable, announced that the company -sponsored blood drive will be held on Friday, November 10 beginning at 1:00 p.m. At the same time, a blood drive will be held at Adelphia's facility in Brea. Larry Rhodes urged people to use controlled watering systems for animals. Leaf vacuums should be used instead of leaf blowers. Weed whackers injure trees and animals Thom Pruitt announced upcoming events and activities for the Pop Warner Football and Cheerleading organization. - - Carolyn Gong presented a petition to the City signed by concerned citizens of D.B., Walnut and surrounding communities requesting support for the building of more streets and highways prior to the building of 400 homes new homes in the area. She recommended that the Council propose an ordinance to fine homeowners $500 to $1000 for failure to landscape their yards within three months of the home purchase. Allen Wilson asked if taxpayer funds are used to support the California Contract Cities Association Political Action Committee (PAC) and if so, to what amount. Sue Sisk said she has not received a response from MPT/Ansari regarding the proposed special truck lane. Marie Buckland expressed concern about three trash cans per residence and cans left on the sidewalks on days other than trash pickup days. Her previous request for enforcement of the stop sign at Santaquin and Redgate Drs. has apparently been ignored. What is planned for the Albertson's Center location? 4.B. RESPONSE TO PUBIC COMMENTS: MPT/Ansari responded to Mr. Wilson that Contract Cities PAC monies come from private individuals, engineering companies and other businesses which NOVEMBER 7, 2000 PAGE 3 CITY COUNCIL are donated to both democrats and republicans. ICM/DeStefano indicated to Mrs. Sisk that the Southern California Association of Governments (SCAG) is undergoing a feasibility study of adding truck lanes on the SR 60 from the 710 fwy. to the San Bernardino County line. Public meetings have been held to discuss the matter. D.B. has received a draft report, which is available for review and staff is preparing comments on that report. MPT/Ansari indicated that she sent a memo to Sue Sisk of a letter regarding the newspaper article on the truck lane issue. There was no reply from SCAG. She sent a second and third request letter to the head of the committee. She does not serve on that committee and felt the response should come directly from SCAG. Although the newspaper article made it sound as if a truck lane would be a reality, the matter is not on the January agenda. It is a feasibility study and there is no indication that there are plans for the truck lane to be built. Staff is monitoring all meetings and information regarding this matter can be obtained from city hall. ICM/DeStefano indicated to Mrs. Buckland that the City has rules regarding the placement and storage of trashcans. Trash cans are not permitted to be on the street until the night before trash pickup and cans are to be removed from the street and placed on the individual's property by sundown of the trash pickup day. Cans are supposed to be placed behind some type of barrier (fence, block wall, etc.) and out of sight. City Code Enforcement officers currently monitor this situation. Regarding the stop sign at Santaquin and Redgate, staff will look into the matter and report back to Council at its next meeting. In addition, Code Enforcement officers will be directed to look into the matter of the slope issue. With respect to Albertson's site, there is current interest in the site by a grocery store operator. M/O'Connor assured Mrs. Buckland that Council and staff conduct ongoing efforts to entice businesses to locate in the City. 5. SCHEDULE OF FUTURE EVENTS: 5.1 DIAMOND BAR ON-LINE TECHNICAL ADVISORY COMMITTEE - November 8, 2000 - 6:00 p.m., SCAQMD Room CC -8, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - November 9, 2000 - 6:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.3 VETERANS' DAY - NOVEMBER 10, 2000 (Friday) - City Offices will be closed in observance of Veterans Day. Will reopen Monday, November 13, 2000. NOVEMBER 7, 2000 PAGE 4 CITY COUNCIL 5.4 PLANNING COMMISSION - November 14, 2000 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.5 COMMUNITY/SENIOR CENTER COMMUNITY MEETING - November 15, 2000 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.6 PARKS & RECREATION COMMISSION - November 16, 2000 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.7 DIAMOND BAR COMMUNITY FOUNDATION - November 16, 2000 - 7:00 p.m., SCAQMD Room CC -2, 21865 E. Copley Dr. 5.8 COMMUNITY COORDINATING COMMITTEE - November 20, 2000 - 7:00 p.m., SCAQMD Room CC -2,21865 E. Copley Dr. 5.9 LANTERMAN ADVISORY COMMITTEE - November 20, 2000 - SCAQMD Room CC -8,21865 E. Copley Dr. 5.10 CITY COUNCIL MEETING - November 21, 2000 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. - - 6. CONSENT CALENDAR: C/Chang moved, MPT/Ansari seconded, to approve the Consent Calendar as presented. 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 - Regular City Council Meeting of October 17, 2000 - as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES 6.2.1 Regular Meeting of September 12, 2000. 6.2.2 Regular Meeting of September 26, 2000. 6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES: 6.3.1 Regular Meeting of August 10, 2000. 6.3.2 Regular Meeting of September 14, 2000. 6.4 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of September 28, 2000. NOVEMBER 7, 2000 PAGE 5 CITY COUNCIL 6.5 APPROVED VOUCHER REGISTER - dated November 7, 2000 in the amount of $810,445.66. M/O'Connor abstained from approval of a warrant in the amount of $125.64 relating to a potential conflict of interest regarding the Lanterman Forensic Expansion Project. 6.6 REVIEWED AND APPROVED TREASURER'S REPORT - for September 2000. 6.7 DENIED CLAIMS FOR DAMAGES: 6.7.1 Filed by Erika Daly October 5, 2000 6.7.2 Filed by Juana Daly October 5, 2000 6.7.3 Filed by Juan Garcia October 5, 2000 6.8 APPROVED EXTENSION OF VENDOR SERVICES FOR PRINTING SERVICES - authorized additional printing services to be performed by Reinberger Printwerks, Inc. in an amount not to exceed $50,000 for FY 00-01. 6.9 AWARDED CONTRACT FOR INSPECTION SERVICES FOR TRACTS 48487 AND 50314 - to Hall & Foreman, Inc. in an amount not -to -exceed $30,273.86. 6.10 ADOPTED RESOLUTION NO. 2000-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL IMPROVEMENTS AT GOLDEN SPRINGS DRIVE AT LEMON AVENUE AND DIAMOND BAR BOULEVARD AT SUNSET CROSSING ROAD IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.11 AWARDED CONTRACT TO BONTERRA CONSULTING FOR ENVIRONMENTAL MITIGATION MONITORING SERVICES FOR VESTING TRACT MAP NOS. 48487 AND 50314 (WINDMILL DEVELOPMENT/JCC) - in the amount of $83,172 for environmental mitigation monitoring services for VTM Nos. 48487 and 50314 (Windmill Development/JCC). 6.12 ADOPTED RESOLUTION NO. 2000-55: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS JOINT POWERS AUTHORITY AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT. 6.13 APPROVED AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH SPACES TO INCLUDE CONSTRUCTION BID NOVEMBER 7, 2000 PAGE 6 CITY COUNCIL ANALYSIS/NEGOTIATION SERVICES RELATIVE TO THE RELOCATION OF CITY HALL TO THE SCAQMD FACILITY AND APPROPRIATE THE NECESSARY FUNDS FROM GENERAL FUND RESERVES - and appropriated $4,000 from General Fund reserves. 604 APPROVED EMPLOYMENT AGREEMENT WITH JAMES DE STEFANO TO SERVE AS INTERIM CITY MANAGER - added $1,000/mo. To the current salary of Deputy City Manager as well as an additional 8 hours/mo. for Administrative Leave and authorized the Mayor to execute the Agreement on behalf of the City. 7. PUBLIC HEARING: 7.1 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) FUNDING FOR FISCAL YEAR 2000-01 - The City received approval of its application for funding under the Bureau of Justice Assistance's (BJA) Fiscal Year 2000 LLEBG Program in the amount of $56,141 with the City obligated to match $6,238, for a total of $62,379. The purpose of the LLEBG Program is to provide units of local government with funds to underwrite projects to reduce crime and improve public safety. Capt. Yim of the Walnut/D.B. Sheriff's Station, recommends that the LLEBG funds continue to be utilized for the D.B. Special Problems Unit/High Impact Team Deputy. In addition, an Advisory Board has reviewed the proposed use of funds and concurs with the recommendation of Capt. Yim. Prior to the obligation of funds, a public hearing is required. M/O'Connor opened the Public Hearing. There being no testimony offered, M/O'Connor closed the Public Hearing. C/Huff moved, MPT/Ansari seconded, to approve the recommended use of funds as requested by the Walnut/D.B. Sheriff's Station. Motion approved 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 INLAND VALLEY HUMANE SOCIETY AND S.P.C.A. (IVHS) CONTRACT FOR FISCAL YEAR 2000-01 - Continued from October 17, 2000 - Since Incorporation, the City has utilized Inland Valley Humane Society for animal care and control services. Typically NOVEMBER 7, 2000 PAGE 7 CITY COUNCIL renewed on an annual basis, the latest agreement commenced January 1, 1999 for an eighteen -month period expiring June 30, 2000. On August 30, 2000, IVHS Executive Director William Harford submitted correspondence and a proposed contract in the amount of $72,486, which represents a $7,242 increase over last year's contract amount of $65,244. Three options were provided including keeping the contract at its current rate with the adoption of a new fee schedule. Larry Rhodes read from a letter written in January, 2000 by his veterinarian regarding a lawsuit involving the Inland Valley Humane Society. Carole Meade commended the Inland Valley Humane Society's timely response in dealing with adverse incidents. She recently became aware of the Society's education programs and used their bat education box in her classroom. Janet Clark presented statistical information about the services provided by the Inland Valley Humane Society. Sue Sisk suggested a broader outreach program in the community to inform the community that animals are available for adoption from the Humane Society and recommended that animals be vaccinated to insure that they do not become ill. She reported that an Inland Valley Humane Society employee came to her home and treated her in a rude manner. She would like the City to have an oversight committee or person to react to situations that cannot be resolved through the Humane Society. C/Huff moved, MPT/Ansari seconded, to 1) Approve the FY 00-01 contract for animal control services with IVHS in the amount of $65,244; 2) set a public hearing for December 5, 2000 to adopt a new fee schedule as recommended by IVHS and 3) direct staff to keep more diligent track of the Humane Society prior to the City's renewal next year. 8.2 APPOINTMENT OF ONE COUNCIL MEMBER AND ONE ALTERNATE REPRESENTATIVE AND TWO COMMUNITY REPRESENTATIVES AND TO ALTERNATES TO THE STATE OF CALIFORNIA LANTERMAN DEVELOPMENTAL CENTER COMMUNITY ADVISORY COMMITTEE - On October 12, 2000, the Cities of Diamond Bar, Walnut and Pomona, along with the Department of Developmental Services, signed the Statement of Principles and Commitment related to the proposed severe behavioral program at Lanterman Developmental Center. The Statement specifies the creation of a Community Advisory Committee to (a) assure a full and fair sharing of information and concerns among DDS NOVEMBER 7, 2000 PAGE 8 CITY COUNCIL and the local communities and their residents with respect to the ongoing operation of the specialized behavioral program at LDC and (b) confirm, on an ongoing basis, that DDS/LDS are in compliance with the terms and conditions to be set forth in this Agreement and other legal requirements relating to the specialized behavioral program. The Committee shall consist of "...three (3) representatives from the City of Diamond Bar (2) of whom will be residents who are not elected officials or employees of that City or Employees of Lanterman Developmental Center Committee..." The first meeting of the State Advisory Committee will be held on December 4, 2000. M/O'Connor recused herself from discussion of this matter, passed the gavel to MPT/Ansari and left the dias. C/Herrera suggested that Council not take action to appoint two alternates until approval of alternates by the Advisory Committee at its next meeting. Sue Sisk disagreed that Council should be the appointing authority and asked that the entire Advisory Committee be advised prior to any Council action being taken. Her understanding was that nominations were to be made by the Committee and brought to the Council for vote. Larry Rhodes supported Council appointment of the first three committee members this evening. Dick Farrell urged Council to approve appointments as suggested by C/Herrera. Marie Buckland objected to having members on the committee who have not been involved with this issue during the past couple of years. Don Gravdahl agreed that appointments should be the people who have been members in the Advisory Committee and who have actively participated in this issue. C/Chang suggested appointment of Sue Sisk and Darla Farrell and supported the appointment of C/Herrera. C/Chang moved, MPT/Ansari seconded, to appoint one City Council representative (C/Herrera) and two community members (Sue Sisk and Darla Farrell) to represent the City on the State of California Lanterman Developmental Center Community Advisory Committee. Motion carried by the following Roll Call vote: NOVEMBER 7, 2000 PAGE 9 CITY COUNCIL AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/ Ansari NOES: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - M/O'Connor ABSENT: COUNCIL MEMBERS - None C/Herrera moved, MPT/Ansari seconded, to appoint C/Huff as the Council Alternate. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/ Ansari NOES: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - M/O'Connor ABSENT: COUNCIL MEMBERS - None M/O'Connor returned to the dias. 7. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY: M/O'Connor recessed the City Council Meeting at 8:43 p.m. RECONVENE CITY COUNCIL MEETING: M/O'Connor reconvened the City Council Meeting at 8:45 p.m. 8. SUBCOMMITTEE REPORTS AND COUNCIL MEMBER COMMENTS: None offered. 9. ADJOURNMENT: There being no further business to conduct, M'O'Connor adjourned the meeting at 8:48 p.m. in memory of the passengers who lost their lives in the Singapore Airlines disaster which included General Gunn Liu, father of SCAQMD Director Dr. Gunn Liu; crew members of the U.S.S. Cole tragedy who lost their lives; Mr. Tsao Yung Lien who suffered a tragic accident in D.B. (contact the City for information regarding donations to the family); Louise McReynolds Steffans, and in honor of all Veterans. LYNDA BURGESS, City Clerk ATTEST: a/, v DEBBY O'CONNOR, Mayor