The URL can be used to link to this page

Home My WebLink About12/17/2002 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 17, 2002 STUDY SESSION: Canceled. CLOSED SESSION: Moved to end of the Agenda. CALL TO ORDER: Mayor Herrera called the meeting to order at 6:30 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 E. Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Council Member Chang led the ledge of Allegiance. INVOCATION: Pastor Bob Stebe, Northr�inster Presbyterian Church, gave the invocation. ROLL CALL: Council Members Chang, O'C�nnor, Tern Zirbes, Mayor Pro TeHuff, Mayor Herrera. APPROVAL OF AGENDA: CM/Lowry requested that C nsent Calendar Item 6.1.1 be continued to January 7, 2003, that C nsent Calendar Item 6.7 be continued to a future agenda, and that the Closed Session be moved from the beginning of the City Council meetingto the end of the meeting. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATION 1.1 PROCLAIMED DECEMBER 2002 AS ORGAN DONOR 1.2 PROCLAIMED THIS HOLIDAY SEASON AS "BUCKLE UPI FOR LIFE CHALLENGE" — accepted by Diamond Bar/Walnut Seriff's Deputy Diane Dodd. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: At the request of CM/Lowry, CSD/Rose advised Council that the December 19, 2002 community meeting to be held at the Hills Club would provide residents an opportunity to present their input on staff's proposed median conceptual designs for the City's beautification program. Conc ptual design pians will be on display in Conference Room A in the days p for to the meeting. Staff sent approximately 600 notices to residents living within a quarter mile of each of the four proposed improvement areas. The goal of the meeting is to obtain consensus on the designs from residents living adjacent to the project areas. CM/Lowry stated that once the design is established, installation ouId take place in the current fiscal year as a result of current b dget allocations. DECEMBER 17, 2002 PAGE 2 CITY COUNCIL 3. PUBLIC COMMENTS: Martha Bruske thanked C/O'Connor for attempting to answer her many questions regarding the City's election and other concerns during her tenure as Mayor Pro Tem. She also thanked C/Zirbes for his continuing work toward neighborhood improvement. Rocio Figueroa, 750 Panhandle Dr., spoke about the problem of underground water seepage at her home and other homes in her neighborhood. She first noticed the problem in June 2001 and contacted the Walnut Water Valley District. The Water District explained that the problem in her area was due to natural water seepage and not a leak in the water system. In January 2002, she contacted the City. It is now a year later and 83 telephone calls have been logged to the City. In addition, five meetings with City representatives and discussions with 12 staff members have occurred. The area is no better off than it was when she first approached the City. The small wet area in her yard has escalated to complete saturation. She is concerned that the hill behind her home might be undermined and that mold and mosquito infestation will ensue. Walnut Valley Water District informed her that this problem is likely a result of diverting an underground river. She believed that the condition occurred as a result of the Pulte Homes project. The weather has been too dry for her neighborhood to be experiencing such a problem. She asked the City Council to address the geo-technical problems currently affecting the four homes in her neighborhood. Jean Vander Ploeg, 744 Panhandle Dr., spoke about the same seepage problem. She has lived in her home since 1975 and never experienced water problems prior to this occurrence. There is so much underground water that it flows down the sides of her driveway onto the sidewalk. During the last two months her yard has been so saturated with water that it runs off of the property onto the sidewalk and into the street constantly. The driveway and sidewalk are slippery and present a safety hazard. She believed the seepage began when the Pulte Homes were close to completion. Because of the excessively dry weather, she felt that this phenomenon could not be a result of bad weather. She asked Council to help resolve this issue. Roy Paige, 732 Panhandle Dr., has lived in the area for about six years. His children and his neighbor's children used to be able to use his back yard for play. The kids can no longer play in the back yard due to saturation. He and his neighbor have spent a considerable number of hours trying to create a natural drain for runoff. They met with staff in May 2002 to discuss the matter and have not yet received a response. Mr. Huls visited the site and commented that because of the water runoff, there is a collection of fungus and mold. Mr. Paige said that when watering operations ceased for a day at the Pulte Homes location, the problem in his area subsided. He is very concerned about the safety hazard created by stagnant water. The residents have done all they can to resolve this issue and now ask for the Council's help. 1 1 1 DECEMBER 17, 2002 PAGE 3 CiTY COUNCIL Juvencio Figueroa, 750 Panhandle, said that the excessive amount of water in his neighborhood has created a health issue. in addition, a lost two trees, a plum and an apricot. There are three large oak trees in his backyard and they are afflicted with root rot. If one of the trees topples, it could cause significant damage. He and his neighbors have a large investment in their homes and this problem is rendering their properties valueless. The water is undermining his foundation and is creeping Lip the stucco on the side of his house. He said that the City suggested he dig a 6' x 2' trench across his back yard. However, that solution would likely cure his problem and create a problem for his neighbor. Lisa Burnham, 756 Panhandle Dr., said that she and her family began experiencing this water problem about a year ago when their back yard remained soggy. With rain, this problem gets worse. She cannot let her five children play in the back yard — it is always muddy. About a month ago, she noticed the patio was damp and never dried out. She was concerned about the stability of her house and especially the house op the hillside behind her property. The problem is getting worse and s e is concerned for the safety of her children. 4. RESPONSE TO PUBLIC COMMENT: CM/Lowry respondec to the residents living on Panhandle Dr. that as a result of several interyiews and inspections, staff believed that this was a private matter. Tc the extent that speakers may be describing a larger problem betwe n a developer and private property owners attempting to establish the existence of a public nuisance, staff might be justified in using public f nds to test the area to determine the cause of the water seepage. It is difficult for the City to become involved in these types of potential liability issues involving private property owners. Additionally, staff was unaware that large amounts of water were flowing into the storm drain system is a result of this phenomenon. Upon further review, staff may be able to determine the existence of a public nuisance due to the numbe of residences and residents involved. In response to M/Herrera, CA/Jenkins explained that it would be up to a Court to determine responsibility. All that the City could do would be to determine whether the condition was sufficiently widespread to be termed a public rather than a private nuisance. MPT/Huff felt that if appropriate, staff should investigate the m� sufficiently to propose a plan so that the Council could discuss the sut and make an informed determination. Council concurred and M/Hera directed staff to bring the matter back for Council consideration January 7, 2003. on DECEMBER 17, 2002 PAGE 4 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 HOLIDAY RIDE — November 29, 2002 through January 2, 2003 — Free to all D.B. residents 18 years of age and older (children under 18 must be accompanied by an adult). Please call 1-800-578-6555 for pickup. 5.2 PARKS AND RECREATION COMMISSION — December 19, 2002 — 7:00 p.m., SCAQMD/Government Center Hearing Board Room, 21865 E. Copley Dr.. Meeting adjourned due to anticipated lack of quorum. 5.3 COMMUNITY FOUNDATION MEETING — December 19, 2002 — 7:00 p.m., SCAQMD/Government Center Room CC -8, 21865 E. Copley Dr. 5.4 NEIGHBORHOOD MEETING REGARDING MEDIAN BEAUTIFICATION — December 19, 2002 — 7:00 p.m., The Hills Club, 1673 Maple Hill Rd. 5.5 CHRISTMAS HOLIDAY — Tuesday, December 24 and Wednesday, December 25, 2002, City offices closed in observance of the Christmas Holiday. Offices reopen Thursday, December 26, 2002. City Offices closed Wednesday, January 1, 2003 in observance of New Year's Day. Offices reopen Thursday, January 2, 2003. 5.6 PLANNING COMMISSION — December 24, 2002, 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 E. Copley Dr. Meeting canceled due to anticipated lack of quorum. 5.7 CITY -SPONSORED ELECTRONIC WASTE PICKUP — December 26, 2002 through January 17, 2003 — Free removal of TVs, VCRs Monitors, CD Players, Telephones, Radios, etc. Call 1-800-449- 7587 to arrange for pickup. 5.8 CHRISTMAS TREE RECYCLING PROGRAM — December 26, 2002 through January 10, 2003. Place trees at curbside on regular trash pickup day for disposal. 5.9 CITY COUNCIL MEETING — January 7, 2003 — 6:30 p.m., -SCAQMD/Government Center Auditorium, 21865 E. Copley Dr. 5.10 COMMUNITY FOUNDATION "SILENT AUCTION OF OLD RESIDENTIAL STREET SIGNS" — Saturday, January 11, 2003 — 1:00 p.m. to 4:00 p.m., Deane Homes Swim Club, 1010 Overlook Ridge Dr. DECEMBER 17, 2002 PAGE 5 CITY COUNCIL 5.11 LIBRARY BOND ACT COMMITTEE MEETING —January 9,2003- 7:00 p.m., Conference Room GB, SCAOMD/Government Center Building, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Zirbes moved,C/ hang seconded, to approve the Consent Calendar as presented. Motion arried by the following Rolf Call vote: AYES: COUNCIL MEMBERS - Chang, O'Connor, Zirbes, MP Huff, M/Herrera. NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Special Meeting of November 12, 2002 — continu d to January7, 2003. 6.1.2 Study Session of November 19, 2002 — As submitted. 6.1.3 Regular Meeting of November 19, 2002 — As corrected. 6.1.4 Study Session of December 3, 2002 — As submitted. 6.1.5 Regular Meeting of December 3, 2002 — As corrected. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES— Regular Meeting of November 12, 2002. 6.3 APPROVED WARRANT REGISTERS — dated November 27, December 5 and December 12, 2002 totaling $884,586.03. 6.4 REVIEWED AND APPROVED TREASURER'S STATEMENT — month of October 2002. 6.5 APPROVED REPROGRAMMING OF $75,000 OF FY 2002-. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FU FOR THE HOME IMPROVEMENT PROGRAM. 6.6 APPROVED AMENDMENT NO. 5 TO A PROFESSIONAL SERVICES AGREEMENT WITH LDM ASSOCIATES IN THE AMOUNT OF $65,000 FOR "AS -NEEDED" PLANNING SERVICES -($25,000) AND HOME IMPROVEMENT PROGRAM ADMINISTRATIVE SUPPORT SERVICES ($40,000). 6.7 NOTICE OF COMPLETION FOR THE DIAMOND E COMMUNITY/SENIOR CENTER GRADING PROJECT Continued to January 7, 2003. DECEMBER 17, 2002 PAGE 6 CITY COUNCIL 6.8 ADOPTED RESOLUTION NO. 2002.80: SUPPORTING ASSEMBLY CONCURRENT RESOLUTION (ACR) NO. 2 DEDICATING A PORTION OF STATE HIGHWAY 210 AS WILLIAM H. LANCASTER MEMORIAL FREEWAY. 6.9 ADOPTED RESOLUTION NO. 2002-81: APPROVING PLANS AND SPECIFICATIONS FOR LEFT TURN SIGNAL IMPROVEMENT PROJECT AT PATHFINDER ROAD/FERN HOLLOW DRIVE AND PATHFINDER ROAD/EVERGREEN SPRINGS DRIVE AND AUTHORIZING AND DIRECTED THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.10 AWARDED PROFESSIONAL TRAFFIC ENGINEERING SERVICES CONTRACT FOR CITYWIDE TRAFFIC SIGNAL TIMING PLAN TO ADVANTEC CONSULTING ENGINEERS IN THE AMOUNT OF $97,145 PLUS A CONTINGENCY OF $7,500, FOR A TOTAL AUTHORIZATION OF $104,645. 7. PUBLIC HEARINGS: 7.1 RESOLUTION NO. 2002-82 APPROVING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 2003-2004 — presentation by DCM/DeStefano. M/Herrera opened the Public Hearing. Alison Meyers, D.B./Walnut YMCA explained the after-school childcare and day camp programs and detailed community participation. She asked for continued financial support from the Council. Wanda Slattery, Services Center for independent Living (serving all disabilities and all ages) explained the services provided by the Center and asked for Council's financial support. There being no further testimony offered, M/Herrera closed the Public Hearing. C/O'Connor asked if the 10% ($38,000) kept by the City would be spent entirely on Program Administration expenses. - DCM/DeStefano responded that the City is allowed to spend and typically takes the maximum 10%. Those funds are used to pay a small percentage of two employees' salaries. Additionally, the funds are used for consultant services on a pay-as-you-go basis to verify government regulation compliance and use of funds. Depending on the level of activity, all of the funds are not necessarily used each year. F_j DECEMBER 17, 2002 PAGE 7 4Y COUNCIL C/Zirbes moved, MPT/Huff seconded, to adopt Resolution No. 2002-82 approving the City's Community Development Block Grant Program for Fiscal Year 2003-2004. Motion carried unanimoL sly. 8. COUNCIL CONSIDERATION: 8.1 COUNCIL SUBCOMMITTEE APPOINTMENTS. M/Herrera tendered the following appointments: California Contract Cities Association California Joint Powers Insurance Authority CLOUT Foothill Transit Board Four -Corners Transit Policy Greater Los Angeles County Vector Control Lanterman Community Advisory Committee League of California Cities, Los Angeles Div Los Angeles County Sanitation District 21 Los Angeles County City Selection Committee San Gabriel Valley Council of Governments San Gabriel Valley Economic Partnership Member Southern California Assn. of Gov. (SCAG) Tres Hermanos Conservancy Authority Wildlife Corridor Conservation Authority Wildlife Corridor Conservation Authority Advisory Committee STANDING COMMITTEES Finance Community Coordinating Diamond Bar Community Foundation Neighborhood Improvement City Council Goals/City Manager Evaluation City On -Line Technical Economic Development Industry East Development Advisory Lanterman Monitoring Legislative Neighborhood Improvement Sphere of Influence/Annexation Pomona Unified School District/City Walnut Valley Unified School District/City O'Connor C Chang O'Cl Zirbes O'C Huff z Huff C Dexter MacBride (4 -year t Herrera H Herrera C Herrera O'CC Herrera H Huff H, Chang S1 Herrera Huff/Herrera O'Connor Dexter MacBride Herrera Huff O'Connor Zirbes Herrera Hut Huff O'Conno Herrera Zirb O'Connor Huff Herrera Huff Herrera Huff Zirbes Cha Herrera Cha Chang O'Conn Herrera Huff DECEMBER 17, 2002 PAGE 8 CITY COUNCIL CITY COUNCIL LIAISON DELEGATE ALTERNATE Chamber of Commerce City Anniversary Senior Citizen Zirbes Chang O'Connor Zirbes Herrera Huff •CIO'Connor stated she would not be able to serve on the CLOUT committee due to a scheduling conflict. 8.2 ADOPTED RESOLUTION NO. 2002-83: CONFIRMING APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS. C/Zirbes moved, MPT/Huff seconded, to adopt Resolution No. 2002-83 confirming appointment of MPT/Huff as delegate and M/Herrera as alternate. Motion carried unanimously. RECESS TO PUBLIC FINANCING AUTHORITY: M/Herrera recessed the City Council meeting at 7:55 p.m. to the Public Financing Authority meeting. RECONVENE: M/Herrera reconvened the City Council meeting at 7:57 p.m. 9. COUNCIL SUBCOMMITTEE REPORTSICOUNCIL MEMBER COMMENTS: C/O'Connor said she had a conflict with the CLOUT subcommittee meeting time and would not be able to serve. She wished everyone a happy holiday season. C/Zirbes acknowledged that it had been a very busy year for the Council and much had been accomplished. He looked forward to a very proactive and productive 2003. He was encouraged about the approval of Consent Calendar Item 6.10, the synchronization of the City's traffic signals, and Consent Calendar Item 6.9, approval of plans for improving the left tum signals on Pathfinder near D.B.H.S. He wished everyone a happy holiday season. It is an honor for him to represent the City as a Council Member. C/Chang thanked staff and residents for their help, participation in and support of the very successful Winter Fest event. Last weekend, he joined with the Chinese American Association in visiting many of the nursing homes and providing boxes of baked goods, clothing, toys and books. He acknowledged the great care provided for abused children. He encouraged people to seek counseling for drug and alcohol related da problems. He wished everyone a Merry Christmas and a happy y• MPT/Huff reported that most Council Members attended the D.B. Senior holiday celebration luncheon. He, C/Zirbes and staff members entertained third graders from Castle Rock Elementary School on a tour of City Hall. He attended the Chamber Mixer at the Bistro d'Orient. He wished the restaurant success in their endeavor. He and his wife joined delegates from Walnut and their Sister City for dinner. He spoke with a DECEMBER 17, 2002 PAGE 9 CITY COUNCIL congressman who was born and raised in D.B.'s Sister City. HE felt it would be good for D.B. to get back in touch with its Sister Cit . He encouraged everyone to take a deep breath and be thankful for fam ly and abundance during this special time of the year. He wished everyone a happy New Year. M/Herrera said that a resident who watched the December 3, 2002 City Council meeting contacted her and rebuffed a resident who spoke Juring public comments. He said he felt that, as homeowners, they iad a responsibility to tell visiting relatives and friends that they could n t park on the street during street sweeping hours. The speaker also comrr ented about the unsightly aesthetics of no sidewalks at the property loca ed on D.B. Blvd. and Sunset Crossing Rd. near the freeway off -ramp arid the caller wanted to know if sidewalks could be placed in the area. DCM/DeStefano responded to M/Herrera that staff looked at the ar a for inclusion in the 2003-2004 CDBG program year and found that when compared to the Golden Springs Dr. project, the number of pedestrians was far less. Due to lack of funds, Council approved the Golden Springs Dr. project only. However, staff is looking at the possibility of funding the project for the D.B. Blvd. and Sunset Crossing Rd. area with current year monies. M/Herrera said that in addition to the resident's who attend the Council meetings and step forward to make their public comments, there are a significant number of residents who watch the broadcast and rebroadcast of the meetings in order to stay abreast of the Council's business. She wished everyone a happy and safe holiday and New Year. RECESS TO CLOSED SESSION: M/Herrera recessed the CityC unci) meeting at 8:14 p.m. to Closed Session and opened the matter for ublic Comment. There was no public comment offered. Conference with Legal Counsel — Existing Litigation — Government ode Section 54956.9(a): (1 Case) Los Angeles County Superior Court, Case No. BS079642, Ciiy of Diamond Bar, et al v. Mountains Recreation Conservation Authority. (Based on advice from the City Attorney, the City Council determinec that receipt of advice from legal counsel regarding this matter of pe ding litigation in open session would prejudice the position of the City i the litigation. ADJOURNED CLOSED SESSION: M/Herrera adjourned the Session at 8:25 p.m. back to the City Council meeting. CM/Lowry announced that no reportable action was taken in Closed Sess DECEMBER 17, 2002 PAGE 10 CITY COUNCIL 10. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the City Council meeting at 8:28 p.m. 11 J \O I 11 LYNDA BURGESS, CITY CLERK ATTEST: CAROL HERRERA, MAYOR