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HomeMy WebLinkAbout8/7/2001 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 7, 2001 CLOSED SESSION: None 1. CALL TO ORDER: Mayor Pro Tem Herrera called the meeting to order at 6:35 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by City Manager Linda Lowry. INVOCATION: The invocation was offered by Reverend Mike Schuenemeyer, D. B. Congregational Church. ROLL CALL: Mayor Pro Tem Herrera, and Council Members Ansari, Chang and O'Connor. Mayor Huff was excused. Also present were: Linda Lowry, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. j APPROVAL OF AGENDA: As presented. 3. A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1 Presentation of $50,000 check by Assemblyman Bob Pacheco to the T. H. Pendergast California Parole Museum. 3.A.2 Presented Certificates of Recognition to Dr. Julius Kpaduwa, Dr. Stella Kpaduwa, Joan Byron and Sue Schuster for the medical care they donate to the people of Mbano, Nigeria. 3.A.3 Presented Certificate of Recognition to Ziyad Jabaji for his participation in the United States National Chemistry Olympiad. 3.A.4 Presentation by Walnut/Diamond Bar Sheriff Department regarding Quarterly Statistics, Deputy Diane Dodd, Team Leader. 3.B. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered 4.a. PUBLIC COMMENTS: Martha Bruske objected to the Council's goal "work with the County for possibility of acquiring the D. B. Golf Course." She asked if the Sheriff Department's survey was successful, when will it be expanded to other areas in the City, who has approved of or modified the AUGUST 7, 2001 PAGE 2 CITY COUNCIL questions, and if the results would be reviewed at a public meeting. Clyde Hennessee questioned Consent Calendar Items 6.4, 6.6 and Rebecca Romo read the "Extension of Remarks" recognition presented to Council Member Debby O'Connor by Congressman Gary Miller. The "Extension of Remarks" is the highest honor given to a constituent. Sgt. Bill Flannery responded to Martha Bruske that the survey process is far from over. The recent survey, conducted over a four-week period, was the first phase. On July 10, a community meeting was held to discuss the results of the survey and to obtain feedback from the residents. Most of the survey results will be published in the September issue of the "Diamond Bar Community News." As a direct result of the survey, the department spent 12 to 16 weeks working to correct the problems that were identified through the survey and community meeting. The department intends to continue the process into other neighborhoods once the first phase is completed. MPT/Herrera responded to Clyde Hennessee that a complete Voucher Register is available for all attendees. The current voucher register incorporates the previous three weeks (rather than two weeks) which may account for the increase. ;l CA/Jenkins explained that Consent Calendar Item 6.6 conforms to the resolution that was adopted some time ago and which addresses the city's regular meetings to the City Council's practice of occasionally holding study sessions and closed sessions prior to the regular 6:30 p.m. meeting. This resolution merely updates the prior resolution. CSD/Rose reported that, with respect to Consent Calendar Item 6.12, officials are paid with fees collected from teams that participate in the adult basketball and softball program. This is merely a payment of revenues already collected. CM/Lowry stated that she is working with the members of the Sheriff's Department on the creation of a policing plan for the City and the Sheriff's survey is a component of that plan. The method by which the surveys will continue to be taken will be brought forward to Council for approval. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK and NATIONAL NIGHT OUT - August 8, ¢' 2001 - 6:30 p.m. to 8:00 p.m., STEVE COPELAND & RAGING SUN (West Coast Contemporary Blues) - Sycamore Canyon Park, 22930 Golden Springs Dr. AUGUST 7, 2001 PAGE 3 CITY COUNCIL 5.2 TRAFFIC AND TRANSPORTATION COMMISSION - August 9, 2001 - 7:00 p.m., The Government Center Hearing Board Room, 21865 E. Copley Dr. 5.3. PLANNING COMMISSION - August 14, 2001 - 7:00 p.m., The Government Center Auditorium, 21865 E. Copley Dr. 5.4 CONCERTS IN THE PARK - August 15, 2001 - 6:30 p.m. to 8:00 p.m. INSTANT REPLAY (Classic 50's & 60's) - Sycamore Canyon Park, 22930 Golden Springs Dr. 5.5 COMMUNITY COORDINATING COMMITTEE - August 20, 2001 - 7:00 p.m., Room CC -2 of The Government Center, 21865 E. Copley Dr. 5.6 CITY COUNCIL MEETING - August 21, 2001 - 6:30 p.m., The Government Center Auditorium, 21865 E. Copley Dr. 5.7 CONCERTS IN THE PARK (LAST OF THE SUMMER SERIES) - August 22, 2001 - 6:30 p.m. to 8:00 p.m. - WESTWIND REVIEW o (Summer Luau) - Sycamore Canyon Park, 22930 Golden Springs Dr." Tremor" the Quakes Mascot, will be present from 6:00 p.m. to 7:00 tet.. p.m. 5.8 DIAMOND BAR NIGHT AT THE QUAKES - Saturday, August 25, 2001 - Meet at City Hall at 5:00 p.m., 21825 E. Copley Dr. 6. CONSENT CALENDAR: C/Ansari moved, C/Chang seconded, to approve the Consent Calendar with the exception of Items 6.4 and 6.9. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Huff 6.1 APPROVED MINUTES: 6.1.1 Study Session of July 17, 2001 - As submitted. 6.2 RECEIVED & FILED PARKS AND RECREATION COMMISSION MINUTES: 6 rYI 6.2.1 Regular Meeting of June 28, 2001. c� 6.2.2 Special Meeting of July 16, 2001. 6.3 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular Meeting of June 26, 2001. AUGUST 7, 2001 PAGE 4 CITY COUNCIL 6.5 REVIEWED & APPROVED TREASURER'S STATEMENT - Month of��'�� June 2001�� 6.6 ADOPTED RESOLUTION NO. 2001-46: A RESOLUTION OF THE CITY OF DIAMOND BAR ESTABLISHING THE DAY AND TIME OF CITY COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 89-4B. 6.7 (a) AWARDED A CONSTRUCTION CONTRACT FOR GOLDEN SPRINGS DRIVE STREET IMPROVEMENTS FROM TORITO LANE TO TEMPLE AVENUE TO MOBASSALY ENGINEERING, INC. IN THE AMOUNT OF $828,140; ALLOCATED $401,252 FROM THE UNAPPROPRIATED PROP C FUND BALANCE FOR THE CAPITAL IMPROVEMENT PROJECT FUND; AND AUTHORIZED A CONTINGENCY AMOUNT OF $60,000 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $888,140. (b) AWARDED CONTRACT FOR INSPECTION SERVICES FOR THE GOLDEN SPRINGS DRIVE IMPROVEMENTS FROM TORITO LANE TO TEMPLE AVENUE PROJECT TO DEWAN, LUNDIN & ASSOCIATES AND AUTHORIZE A CONTINGENCY AMOUNT OF $3,000 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY Lill THE CITY MANAGER, FOR A TOTAL AUTHORIZATION OF j $33,812. 6.8 EXTENDED CONTRACT WITH CAROL A. DENNIS FOR MINUTE SECRETARY SERVICES FOR CITY COUNCIL, PLANNING COMMISSION, PARKS & RECREATION COMMISSION, TRAFFIC & TRANSPORTATION COMMISSION, INDUSTRY EAST DEVELOPMENT ADVISORY COMMITTEE, LANTERMAN MONITORING COMMITTEE, TRES HERMANOS CONSERVATION AUTHORITY, DIAMOND BAR COMMUNITY FOUNDATION AND WILDLIFE CORRIDOR CONSERVATION AUTHORITY IN THE AMOUNT OF $18,200 FOR THE PERIOD JULY 1, 2001 THROUGH JUNE 30, 2002 WITH A ONE-YEAR RENEWAL OPTION FOR THE CITY. 6.9 ACCEPTED THE WORK PERFORMED BY L.A. SIGNAL, INC. FOR GRAND AVENUE/GOLDEN SPRINGS DRIVE TRAFFIC SIGNAL MODIFICATION PROJECT; AUTHORIZED AN ADDITIONAL CONTINGENCY AMOUNT OF $1,934.25 FOR A TOTAL CONTRACT AMOUNT OF $48,824.25 AND AUTHORIZED THE CITY CLERK TO ; FILE THE NOTICE OF COMPLETION AND RELEASE ANY RETENTION AMOUNT 35 DAYS AFTER THE RECORDATION DATE. AUGUST 7, 2001 PAGE 5'` ' ' ' CITY COUNCIL 6.11 (a) AWARDED CONTRACT TO GREEN GIANT LANDSCAPE FOR CONSTRUCTION OF DRAINAGE AND IRRIGATION IMPROVEMENTS AT PETERSON PARK IN THE AMOUNT OF $205,607 PLUS A CONTINGENCY AMOUNT OF $20,560, FOR A TOTAL AUTHORIZATION OF $226,167. (b) AWARDED CONTRACT TO DMC DESIGN GROUP FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE PETERSON PARK DRAINAGE AND IRRIGATION IMPROVEMENTS PROJECT IN THE AMOUNT OF $14,100. (c) AWARDED CONTRACT TO D & J ENGINEERING FOR PLAN CHECK SERVICES FOR THE PETERSON PARK DRAINAGE AND IRRIGATION IMPROVEMENTS PROJECT IN THE AMOUNT OF $1,120. 6.12 AWARDED CONTRACT TO SOUTHLAND SPORTS OFFICIALS IN AN AMOUNT NOT TO EXCEED $30,000 FOR ADULT SOFTBALL AND BASKETBALL OFFICIATING SERVICES DURING THE 2001-02 FISCAL YEAR. 6.13 (a) AWARDED CONTRACT TO MEGA WAY ENTERPRISES FOR CONSTRUCTION OF GOLDEN SPRINGS DRIVE/SUNSET CROSSING ROAD LANDSCAPE IMPROVEMENTS IN THE AMOUNT OF $186,209.15 PLUS A CONTINGENCY OF $18,620.85, FOR A TOTAL AUTHORIZATION OF $204,830. (b) AWARDED CONTRACT TO D & J ENGINEERING FOR PLAN CHECK AND INSPECTION SERVICES FOR THE GOLDEN SPRINGS DRIVE/SUNSET CROSSING ROAD LANDSCAPE IMPROVEMENTS CONSTRUCTION PROJECT IN THE AMOUNT OF $7,135 PLUS A CONTINGENCY AMOUNT OF $715, FOR A TOTAL AUTHORIZATION OF $7,850. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.4 VOUCHER REGISTER - dated August 8, 2001 in the amount of $935,174.75. C/Ansari expressed concern that the City had not been provided reports regarding Gary Neely's scope of work and the hours spent on _ this matter. She requested that future contract considerations be sent out on a request for bids. She suggested that there may be a potential conflict of interest relating to a contract with Mr. Neely 6 because he is a consultant to the City of Industry's Redevelopment Agency. AUGUST 7, 2001 PAGE 6 CITY COUNCIL DCM/DeStefano reported that this consultant has not produced reports but has provided the City with services that include attendance at a variety of meetings as directed and assisted in the preparation of responses to various plans that outside organizations have submitted with respect to open space and environmental issues as well as the ecological study done by the county, etc. This consultant has assisted the City in understanding what some of the electricity deregulation opportunities are provided as a variety of cities are looking at such enterprises as possibilities for' their future. This consultant has provided detailed invoicing for meetings he has attended at the request of the City. C/Ansari stated that this consultant has campaigned for various Council members and assembly races, which she views as nepotism. Following discussion, C/Ansari moved, C/O'Connor seconded, to approve Item 6.4. Motion carried by the following Roll Call vote with C/Ansari voting against approval of P.O. 10878 in the amount of $5,800 and C/O'Connor abstaining from a total of *$160 with respect to a potential conflict of interest in the Lanterman Expansion Project matter. P AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/ Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Huff 6.9 APPROVED A THREE-YEAR CONSULTING SERVICES AGREEMENT WITH HULS ENVIRONMENTAL MANAGEMENT FOR INTEGRATED ENVIRONMENTAL SERVICES IN THE AMOUNT OF $145,720 FOR THE FIRST YEAR WORK PROGRAM AND DIRECT STAFF TO DEVELOP SPECIFIC WORK PROGRAM/BUDGET FOR SUBSEQUENT YEARS AND AUTHORIZED THE MAYOR TO EXECUTE THE THREE-YEAR CONTRACT. C/Ansari and J. Michael Huls explained the program's expansion, increase in fees and contract costs due to additional State mandates. Following discussion, C/Ansari moved, C/Chang seconded, to approve a three-year consulting services agreement with Huls � Environmental Management for integrated environmental services in the amount of $145,720 for the first year work program, direct staff to develop specific work program/budget for subsequent years and s authorize the Mayor to execute the three-year contract. Motion carried by the following Roll Call vote: AUGUST 7, 2001 PAGE'? �� ` CITY COUNCIL AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/ Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Huff 7. PUBLIC HEARINGS: 7.1 CONSIDERATION OF RECOMMENDATION BY LAW ENFORCEMENT BLOCK GRANT (LLEBG) ADVISORY BOARD FOR EXPENDITURE OF GRANT FUNDS IN THE AMOUNT OF $61,940 (INCLUSIVE OF THE REQUIRED 10% MATCHING AMOUNT OF $6,194 FROM THE CITY OF DIAMOND BAR) FOR FY 2001-02. MPT/Herrera declared the Public Hearing open. There being no testimony offered, MPT/Herrera closed the Public Hearing. C/O'Connor moved, C/Ansari seconded, to approve the recommended use of funds as requested by the Walnut/Diamond Bar -b Sheriff's Station. Motion carried by the following Roll Call vote: �.. AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Huff 8. OLD BUSINESS: 8.1 ADOPTION OF RESOLUTION 93-66C AMENDING THE POLICIES, PROCEDURES AND REGULATIONS FOR THE USE OF FACILITIES OPERATED BY THE CITY OF DIAMOND BAR, INCLUDING THE USE OF TENNIS COURTS LOCATED IN PUBLIC PARKS FOR PROFESSIONAL TENNIS INSTRUCTION. Kay Dalli thanked the ad-hoc committee for attempting to set forth some type of regulation in an effort to control unauthorized use of D.B.'s public tennis courts. She believed that Item 1 Rule 5 should include complete verbiage in the final draft to alleviate confusion. Mark Dalli, owner, Mad Dog Tennis and Racquet Sports, believed that because Walnut Unified School District is strictly enforcing their rules and not allowing lessons to be given on school courts, pirate teachers would invade the eight D.B. tennis courts. Robert Chou, spokesperson for the D.B. Tennis Association, thanked AUGUST 7, 2001 PAGE 8 CITY COUNCIL the City for taking time to consider the tennis court issue. The telephone number for individuals who wish to join the association is (626) 617-2379. He asked for a copy of the proposed Resolution No. 93-66C. If the content of the resolution mirrors the letter he received from CSD/Rose, he would support the resolution. By his own accounting, there are more than 250 tennis enthusiasts who support the resolution. He believed that the resolution grants no special treatment to anyone and it is good for the residents and tennis players of D.B. as well as the City as a whole. He requested that from this point forward, all complaints regarding tennis court usage be fully documented and that the complaint be fully investigated with the investigation report being available to the public. Charles Lin spoke in support of the proposed resolution. He believed that residents of D.B. should have first priority for tennis court use. Brian Su supported the proposed resolution. Last year, he was ranked #1 for doubles and ranked #2 and #3 in singles. He currently coaches 70% of the D.B.H.S. tennis team. He felt he was being harassed by Sheriff's deputies for teaching D.B. residents. Eddie Shaw spoke in support of the proposed resolution. If un- licensed, un -permitted use of tennis courts is allowed, it will open the floodgates to other problems. If people are permitted unregulated use of tennis courts, rogue instructors will come to D.B. to use the courts. Dexter MacBride, speaking as a member of the D.B. Tennis Association, said that his organization has attempted to be of assistance to the City and appreciates the work of the Parks & Recreation Commission and CSD/Rose toward remedying this situation. The association believed that the proposed resolution is reasonable and practical and is in accord with the majority of tennis programs throughout the United States. His son, Dexter MacBride, is a professional tennis player living on the east coast. He referred to CSD/Rose's August 1 letter regarding tennis court rules and instructor permit application. He agreed with the opening statement and the eight points that followed. He took exception to CSD/Rose's presentation statements with the exception of attaching municipal codes. Tommy Lu said he has observed non-residents using D.B. tennis courts and he asked for the Council's assistance in protecting the interests of D.B. residents. Paul Moravek took exception with individuals who presented a case for not allowing Brian Su to give tennis lessons to D.B. residents. He was pleased with the evolution toward the proposed resolution, which AUGUST 7, 2001 PAGE b " CITY COUNCIL r, incorporates the will of the people. He strongly supported the proposed N, resolution. At C/O'Connor's direction, CSD/Rose confirmed that the inclusion of the reference to municipal code infractions in his August 1 letter was for informational purposes only. The information will not be included in the resolution. Following Council questions, comments and discussion, C/Chang moved, C/O'Connor seconded, to adopt Resolution No. 93-66C amending the policies, procedures and regulations for the use of facilities operated by the City, including the use of tennis courts located in public parks for professional tennis instruction. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/ Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - M/Huff CA/Jenkins stated that the new rules are in effect with the adoption of the resolution. -� C/O'Connor and MPT/Herrera hoped instructors would not abuse the new resolution by monopolizing court time. 8.2 ADOPTION OF RESOLUTION NO. 2001 -XX: ESTABLISHING ALTERNATE VEHICLE ROUTES TO CHAPARRAL MIDDLE SCHOOL AND INSTALLING TRAFFIC CONTROL SIGNS AS APPROPRIATE; ANTICIPATE THE USE OF GAS TAX FUND IN THE AMOUNT OF $83,000 AND REQUEST WALNUT VALLEY UNIFIED SCHOOL DISTRICT TO RECONFIGURE THE CHAPARRAL MIDDLE SCHOOL PARKING LOT TO INCREASE AND MAXIMIZE ON-SITE PICK-UP/DROP-OFF ZONE. MPT/Herrera asked staff to make certain that Ray Shackelford is advised when this item is agendized for further discussion so that he has the opportunity to offer his comments. David Little, 22910 Aspen Knoll, asked Council to act on this matter, which has been an ongoing matter for the past three years. C/O'Connor sympathized with Mr. Little's concerns but she believed it was essential for the City to communicate with the school district to improve traffic circulation. Mike Armijo, Public Information Officer for Walnut Valley Unified School District, told her the district would meet on August 20 to discuss options for mitigation. C/Ansari moved, C/Chang seconded, to continue the matter to a future AUGUST 7, 2001 PAGE 10 CITY COUNCIL meeting after staff has met with school district officials regarding joint efforts to improve the traffic circulation in the area of Chaparral Middle School. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/ Herrera NOES: COUNCIL MEMBERS -None ABSENT: COUNCIL MEMBERS- M/Huff 9. NEW BUSINESS: None 10. COUNCIL SUB -COMMITTEE REPORTS/COMMENTS: C/O'Connor spoke about the Concerts in the Park and the sponsorship of food booths by the D.B. Community Foundation. On July 19, the City Birthday/Anniversary subcommittee met. That evening, she attended the "Friends of the Library" folk tale presentation. On July 24, she and M/Huff attended ribbon cutting ceremonies for a new martial arts company. She, M/Huff and MPT/Herrera attended the parole officers' week ceremonies. The D.B. softball team participated in the City of Azusa's softball tournament. D.B. is sponsoring a softball tournament beginning at 7:00 p.m. on Thursday, August 9, at Peterson Park. On July 27, she and C/Chang participated in the Chamber's networking walk through the Ralph's Shopping Center. The majority of complaints involved trash and parking. She and C/Chang also attended the July 25th Chamber networking breakfast. On July 26, she attended the IMC breakfast during which Assembly Member Pacheco spoke about legislation affecting businesses. On July 31, Council Members attended the Sheriff's luncheon presentation of Quarterly Statistics for D.B. On August 2, the Finance Committee met. C/Chang invited residents to partake in the final two Concerts in the Park. He complimented the Chamber of Commerce and staff on their fine preparation for the Council's walk-through of the Ralph's Shopping Center businesses. Council recommended that staff contact the property owner or management company to discuss steam cleaning the trash bin area in back of the stores. The parking problems indicate a growth in the economy and expansion of shopping. He thanked the storeowners for their participation in the City's growth and thanked residents for shopping D.B. Graffiti is another problem in the center, which appears to be perpetrated by outside influences. Council is moving forward with the community center project. C/Ansari attended the following events: A water policy meeting for SCAG; L.A. County Solid Waste Committee meeting; the League of California Cities Energy and Environment committee meeting; a SCAG solid waste meeting; League of California Cities meeting in Monterey; the Sheriff's luncheon; the Inland Valley EDC meeting; the August 2 Friends of the Library event (she encouraged residents to visit the "Friends of the Library" bookstore); a San Gabriel Economic Partnership meeting, and a graduation party for a resident AUGUST 7, 2001 PAGE 11 CITY COUNCIL P ' who graduated from Washington School of Law. Miss Diamond Bar will participate in the Miss California pageant in September and she needs funds to help her get to the event. Anyone wishing to contribute may call Linda Headley at 861-8454. Tomorrow, the Chamber will be serving food at the Concert in the Park. She encouraged residents to attend. MPT/Herrera stated that Lanterman's environmental document will likely be released the beginning of September. The document will discuss the new severe behavioral program that will be instituted by the facility. She invited the public to obtain a copy of the document for review and put their comments in writing to the Department of Developmental Services. 11. ADJOURNMENT: There being no further business to conduct, MPT/Herrera adjourned the meeting at 9:37 p.m. ij LYNDA BURGESS, City Clerk ...� ATTEST: 00VI-( 04u/�— Carol Herrera, Mayor Pro Tem