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HomeMy WebLinkAbout02/20/1996 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 20, 1996 1. CLOSED SESSION: Cancelled CONFERENCE WITH LEGAL COUNSEL LITIGATION: (Subdivision (a) of Section 54956.9) Name of Case: Oak Tree Lanes v. City of Diamond Bar INITIATION OF LITIGATION: 1 Case (Pursuant to Section 54956.9) 2. CALL TO ORDER: MlAnsari called the meeting to order at 6:37 p.m. in the AQMD Auditorium, 21865 E. Copley, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Council Member Herrera. ROLL CALL: Council Members Harmony, Herrera, Werner Mayor Pro Tem Huff and Mayor Ansari. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Amanda Susskind, Assistant City Attorney; George Wentz, City Engineer; James DeStefano, Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. CDDIDeStefano introduce Cathy Johnson, the City's new Senior Planner. 3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS, ETC.: None 4. PUBLIC COMMENTS: Don Schad, 1824 Shaded Wood Rd., accused C1Herrera, ClWerner and MPT/Huff of violating the Brown Act by attending a private gathering to raise funds to defeat the General Plan Initiative Measure. Frank Dursa, 2533 Harmony Hill Dr., read an invitation from the D.B. Caucus, 115 D.B. Blvd., Suite R, D.B. for a strategy fund-raising meeting on February 14, 1996 at 3:30 p.m. at the Building Industry Assn. Regional Headquarters Building to defeat Measure "D." He stated that the public and press were not invited and felt the Councilmembers in attendance were in violation of the Brown Act. He asked for the City Attorney's opinion. Joe McManus advised that the meeting was open to the public and was attended by himself and the press. ClHarmony was also present. FEBRUARY 20, 1996 PAGE 2 Mr. House commented that the event appeared "fishy" because he was not invited to attend the meeting and that a member of the press had to remain in the lobby during the meeting. Dr. Lawrence Rhodes, Fiber Court, asked whether Christmas lights can remain on residents' homes during the year. Terry Birrell also expressed concern over an apparent violation of the Brown Act at the meeting of the D.B. Caucus. She displayed a map of plans for development by Arciero & Sons in the South Pointe Master Plan area which shows that there would be 16 residential buildings to be developed on City property and two on the Walnut Valley School District property in addition to other development. She stated that she was not aware of any City approval for development of any property by the School District. She asked why the City is involved with this development since there has been no public hearings on the matter. She also asked what the status is of development permits for Mr. Arciero and any joint ventures with the City or the School District. What is being given to the owner of the property to release map restrictions. Further, she requested a status report on the Morning Sun landslide. Max Maxwell, 3211 Bent Twig Ln., commented that Measure "D" had been placed on the ballot through an Initiative and encouraged all residents to vote on the measure. He displayed an invitation to the D.B. Caucus meeting. He expressed concern with three council members getting together and defeating the publics' version of the General Plan. Martha Bruske, 600 So. Great Bend, also expressed concern regarding the apparent Brown Act violation and expressed disappointment with the new members of the Council. Thelsey Fuller and Wharton Heard, representing "Break -A -Leg Productions," offered to perform at the City's next Anniversary Celebration. They were directed to speak to Bob Rose, Community Services Director. With regard to the Brown Act, ACA/Amanda Susskind reported that the Brown Act prohibits a majority of the Council members getting together to deliberate on an item that is within the subject matter jurisdiction. It does not prohibit three people from being together in the same room for any number of reasons. Council members have First Amendment rights to get involved in political issues and it is unclear if this Measure falls under a Brown Act. This issue is a "gray" issue and she recommended that Council members not get together to discuss this issue again. With regard to Ms. Birrell's comments and questions on the South Pointe projects, M/Ansari directed staff to prepare a report on her questions. FEBRUARY 20, 1996 PAGE 3 C/Werner disagreed with the City Attorney's response and stated that his understanding of the Brown Act did not prohibit the Council members from meeting in this manner. It was not a City business meeting. He asked staff to supply a more definitive answer as to whether this would be a Brown Act violation. 5. COUNCIL COMMENTS: ClHarmony stated that he attended the D.B. Caucus meeting; however, he remained outside and was never invited inside. He expressed disappointment with the three Council members in the way they are representing the people of D.B. He announced that $90,000 had been raised toward the "Art in the Park" sculptures and asked that this subject matter be returned to the Planning Commission for approval. MPT/Huff stated that the meeting held by the Caucus was not a secret meeting and there were no developers in attendance. However, there were land owners, potential investors in D.B., community members, members of trade organizations and Council members concerned with the publics' version of the General Plan. He expressed concern that anytime a private property owner wants to develop, reconstruct, etc., these issues would have to be changed in the General Plan which will cost the taxpayers a lot of money. He further stated that City Attorney Jenkins previously indicated that attendance by several Council members at this meeting was not a Brown Act violation. C/Herrera stated that this meeting was not in violation of the Brown Act. A Brown Act violation would occur if the Council had sat together deciding on Council agenda issues. C/Werner reported that on Sunday, February 18, the Association of African- American Parents had their annual event at Heritage Park and requested that this meeting be adjourned in honor of Black History Month. He expressed concern with the public feeling that the "new" City Council is not working for the citizens. The City Council are elected by the citizens and the Council will represent and will vote on issues in the interest of the community. M/Ansari stated that she was not invited to the D.B. Caucus meeting and asked the City Attorney for a statement if this meeting was in the violation of the Brown Act. She stated that Public Comments is for citizens to express any concerns. She suggested another Town Hall meeting to discuss opinions regarding Measure "D." She then announced a Buddhist International Light Festival on March.3, 1996 at Cal Poly. ClHarmony stated that he attended the Wildlife Corridor Meeting as the City's Alternate. FEBRUARY 20, 1996 PAGE 4 6. SCHEDULE OF FUTURE EVENTS: 6.1 PARKS & RECREATION COMMISSION - February 22, 1996 - 7:00 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr. 6.2 PLANNING COMMISSION - February 26, 1996 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.3 CITY COUNCIL MEETING - March 5, 1996 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7. CONSENT CALENDAR: C/Werner moved, seconded by MPT/Huff to approve the Consent Calendar. C/Harmony abstained from voting on 7.3 and 7.4. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7.1 APPROVED VOUCHER REGISTER - dated February 20, 1996 in the amount of $376,480.85. 7.2 REJECTED CLAIM FOR DAMAGES - filed by Ursula Lehmann on November 20, 1995 and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 7.3 APPROVED EXONERATION AND REDUCTION OF SUBDIVISION IMPROVEMENT BONDS FOR TRACT 47851 (DIAMOND BAR EAST PARTNERS) - Bond numbers 151302S and 139425S; reduction of Bond No. 139671S (Faithful Performance) from $328,000 to $50,000, reduction of the Labor & Material Bond in the same proportion; reduction of Bond No. 139424S (Faithful Performance) from $735,000 to $250,000 and reduction of the Labor & Material Bond in the same proportion. 7.4 ADOPTED RESOLUTION NO. 96-10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACCEPTING THE DEDICATION OF SANITARY SEWER IMPROVEMENTS FOR PUBLIC USE IN TRACT 47851 AND REQUESTING THE LOS ANGELES COUNTY CONSOLIDATED SEWER MAINTENANCE DISTRICT TO COMPLETE ANNEXATION OF THE AREA WITHIN SAID SUBDIVISION AND IMMEDIATELY COMMENCE OPERATION AND MAINTENANCE OF SEWER IMPROVEMENTS KNOWN AS PRIVATE CONTRACT NO. DB -93-002. 7.5 ADOPTED RESOLUTION NO. 96-08A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING FEBRUARY 20, 1996 PAGE 5 RESOLUTION NO. 96-08 RAISING THE SPEED LIMIT ON CHINO HILLS PARKWAY WITHIN THE CITY OF DIAMOND BAR'S JURISDICTION FROM 45 TO 50 MPH. 8. PUBLIC HEARINGS: None 9. OLD BUSINESS: 9.1 MID -YEAR BUDGET AMENDMENT - FISCAL YEAR 1995-96 - CMIBelanger reported that the amendment would change overall revenue and resources projected in the General Fund to $10,118,080 which would be a net change of $159,930. Estimated fund balance was $396,430 and the estimated fund balance with this proposal would be $467,753 resulting in a net change increase of $71,323. Also included are a variety of changes in special funds. ClHarmony asked for a break down on the $73,000 allocated for the General Plan election and asked if $20,000 is included for the special study. With regard to purchase of truck equipment, would that be discussed with the Council for approval. With regard to the investigation of sales tax revenues through Hinderliter, DeLlamas, he asked how many dollars had been recovered. With regard to the Pathfinder bridge, what are unanticipated expenses. CM/Belanger reported that the $73,000 reflects the cost of the election and the printed material. The purchase of the truck is a purchase order carried over from the previous fiscal year and not reflected in the 1995-96 budget, therefore, this is a corrected carry- over reflected in this budget. It is estimated that over $50,000 from the sales tax audit should be recovered for this fiscal year and that $27,600 are the unanticipated expenses for the Pathfinder bridge. MPT/Huff asked for clarification of the undergrounding public notification in the amount of $15,000. CM/Belanger advised that the public information program included videography and notification of property owners' meetings and signs and that this cost was not part of So. California Edison's project. C/Werner moved, seconded by ClHarmony to approve the amendments to the FY 1995-96 Municipal Budget revenue and expenditure amounts. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari FEBRUARY 20, 1996 NOES: ABSENT: PAGE 6 COUNCIL MEMBERS - None COUNCIL MEMBERS - None 10. NEW BUSINESS: 10.1 APPOINTMENT OF COMMISSIONERS TO THE PLANNING, PARKS & RECREATION AND TRAFFIC & TRANSPORTATION COMMISSIONS - Planning Commission - MlAnsari appointed Franklin Fong MPT/Huff appointed Joe McManus ClHarmony appointed Don Schad C/Herrera appointed Joe Ruzicka C[Werner appointed Michael Goldenberg ClHarmony moved, seconded by ClHerrera to approve the appointments to the Planning Commission. Motion carried unanimously. Parks & Recreation Commission - MlAnsari appointed Annette Finnerty MPT/Huff appointed Debby O'Connor ClHarmony appointed Steve Tye ClHerrera appointed Raul Medina C/Werner indicated that he would make an appointment at the next meeting MPT/Huff, ClHarmony seconded to approve the appointments to the Parks & Recreation Commission. Motion carried unanimously. Traffic & Transportation Commission - MlAnsari appointed Jack Istik MPT/Huff appointed Steve Tamaya ClHarmony indicated that he would make an appointment at the next meeting ClHerrera appointed Joyce Leonard C[Werner appointed Arun Virginkar ClHerrera moved, C/Werner seconded to approve the appointments to the Traffic & Transportation Commission. Motion carried unanimously. 10.2 APPOINTMENT OF REDEVELOPMENT AD HOC COMMITTEE - CMIBelanger reported that Council recently activated. a Redevelopment Agency and that RFPs had been requested of professional firms for proposals on a variety of studies that would be FEBRUARY 20, 1996 PAGE 7 necessary and related to the probable feasibility of pursuing redevelopment. Responses to the RFPs are due at the end of February, 1996. The process requires screening, selection of RFPs most consistent with the City's goals and interviews of the proposers. The ad hoc committee will assist staff in selection of the redevelopment firm and subsequent related redevelopment activities. C/Werner, C/Harmony, and MPT/Huff volunteered for appointment. M/Ansari appointed C/Werner and MPT/Huff to the redevelopment ad hoc committee. C/Harmony requested an explanation of the Mayors authority in appointing committees. He stated that the ad hoc committee should include two members that do not have an interest in the subject matter. CM/Belanger advised that the authority is granted by the Council to the Mayor. M/Ansari stated that she was not aware of C/Harmony's interest in representing this committee. Max Maxwell, 3211 Bent Twig Ln., asked for an explanation of the committee's duties. Joe McManus requested that one of the appointed committee members not be an elected official or city employee. Don Schad, 1824 Shaded Wood Rd., recommended that the Council consider appointment of C/Harmony to this committee. With regard to Mr. Maxwell's questions, CM/Belanger explained that a redevelopment agency is available to cities to use as financing and planning tools. The agency provides an opportunity for cities to focus on specific benefits as identified in redevelopment areas. The ad hoc committee will be required to review qualifications of professional firms to assist the City in identifying the feasibility of engaging in the redevelopment mechanism. C/Herrera moved, seconded by M/Ansari to appoint C/Werner and MPT/Huff to the Redevelopment Ad Hoc Committee. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, FEBRUARY 20, 1996 PAGE 8 MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 10.3 CITY COUNCIUCITY MANAGER TEAM BUILDING FACILITATOR - CMIBelanger reported that Council appointed an ad hoc committee comprised of ClHerrera and C1Werner to work with staff in the selection of a facilitator for Council team building. Proposals were requested and received from qualified consultants. Qualified consultants were interviewed by the ad hoc committee and staff on February 13, 1996. He recommended consideration of Crossroads Group, Inc. to facilitate a City Council/City Manager team building workshop at the proposed rate of $3,000 per day. C/Werner reported that two companies were interviewed and that both would do an adequate job. He offered an alternative of doing a strategic planning effort rather than team building. M/Ansari recommended further evaluation by the ad hoc committee. MPT/Huff expressed concern with the $3,000 per day rate. Working as a team is very important and shifting the team building effort to a strategic planning effort would benefit the Council and staff as team members. ClHerrera asked ClHarmony if he would attend the team building meetings. ClHarmony stated that he would attend these meetings; however, he expressed concern over how the meetings would be operated. ClHerrera stated that in interviewing the consultant, the consultant would give the Council a lot of conflict resolution tools that would enable the Council to work with. each other in a professional manner. This issue needs to be discussed further before disregarding the issue. C/Wemer expressed concern that some Councilmembers do not want to work together and build a team. ClHarmony stated that he is opposed to this issue. Frank Dursa stated that he opposed hiring an outsider to help Council members get along. It is a waste of taxpayer's money. Martha Bruske, 600 So. Great Bend, shared her 6 problem solving FEBRUARY 20, 1996 PAGE 9 steps and recommended that the Council use them. She stated that she is not against the sessions; however, Council and staff need to discuss their differences and work them out without a facilitator. Dr. Lawrence Rhodes, Fiber Ct., stated that team building is an excellent idea but should not be done in public and a facilitator should be used. Max Maxwell opposed the spending of $500 per person to hire a faci I itator. Terry Birrell expressed concern that the amount of the proposal is too high. The Council needs to address the City's issues and goals; otherwise, it would be a waste of time because Councilmembers have different political goals. ACA/Susskind explained that the new Brown Act specifically precludes the Council from meeting outside of the City's boundaries and behind closed doors even to facilitate team building issues. With Council consensus, the matter was referred back to the ad hoc committee for further review and recommendations at the next meeting. 11. ANNOUNCEMENTS: Clara Birch asked to speak on the alleged Brown Act violation during the D.B. Caucus and then read a poem regarding her deceased son. 12. ADJOURNMENT: With no further business to conduct, M/Ansari adjourned the meeting at 8:58 p.m., in honor of Black History Month, Chinese New Year, and Eid Mubarek. ATTEST: Mayor LYNDA BURGESS, City Clea.