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HomeMy WebLinkAbout09/02/1997 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 2, 1997 1. CLOSED SESSION: None 2. CALL TO ORDER: Mayor Huff called the meeting to order at 6:40 p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Harmony INVOCATION: Pastor Rick Motz, Diamond Bar Evangelical Free Church ROLL CALL: Council Members Harmony, Werner, Mayor Pro Tem Herrera, Mayor Huff. Council Member Ansari was excused. Also present were: Terrence L. Belanger, City Manager; Amanda Susskind, Assistant City Attorney, James DeStefano, Deputy City Manager; Frank Usher, Deputy City Manager; David Liu, Deputy Pubiic Works Director; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Director and Lynda Burgess, City Clerk, APPROVAL OF AGENDA: Council consensus to approve. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None 4. PUBLIC COMMENTS: Jerry Hamilton thanked the firefighters from Station 119 for providing a drill exercise for the seniors at Heritage Park Community Center. He urged citizen participation in the redevelopment town hall meetings. Martha Bruske spoke regarding Consent Calendar Item 6.4. She expressed concern that if parking is proposed for the top of the hill, it is too steep. Would the project have any adverse affect on the stream and wanted to know if there was a recent slide in that area. Debby O'Connor welcomed new students to Diamond Ranch High School and asked staff to provide information about Foothill Transit for student transportation. Terry Birreil spoke about the draft Redevelopment Plan distributed at the August 23, 1997 Town Hall meeting. She asked for information regarding changes to the plan since distribution. Further, she indicated that property taxes that fund the agency would otherwise go into the City's General Fund which pays for City services and suggested that the tax increment remain in D.B. rather than be used to subsidize private pockets. SEPTEMBER 2, 1997 PAGE 2 Clyde Hennessee spoke about overnight parking on residential streets CM/Belanger stated that, with respect to Item 6.4, the application is for Prop A funds with a series of categories of eligible projects. A pedestrian/bike trail which must comply with ADA requirements is proposed to commence at the lower parking lot and proceed to the waterfall area. The City proposes to remedy the slide area before the rainy season begins. CSD/Rose explained that the grant request includes a project design phase which proposes a dropoff/pickup area at the D.B. Blvd. access if sufficient space is available. If the parking is developed, a switchback trail will be constructed down to the existing bench drains in the far east side of the park. ADA access is available to the waterfall CM/Belanger stated that Diamond Ranch High School opens on September 8 to 9th graders only. Through the efforts of the Boosters Club and Mayor Huff, Foothill Transit has devised an alternate route to serve the northern portion of D.B. and adjacent Pomona areas to provide transit to the School. Monthly passes will be subsidized by the City bringing the pass to $11.20/month instead of $14/month. He explained the Line 195 Alternate route using an overhead to illustrate. Service will commence at 7:10 a, m. and end at 3:12 p.m. and will be based upon demand. Regarding the redevelopment questions, CM/Belanger stated that they will be answered in detail at the Town Hall meeting on September 30th. As for the document distributed at the August 23, 1997 Town Hall meeting, that document is the same as that which was adopted by Council as the Economic Redevelopment Area Plan. As to development of a commercial center on property referred to during Public Comments, he reported that the City's General Plan does not allow for such development and there has been no discussed by Council of any such project. He then restated the process for repayment of redevelopment debt. 5. SCHEDULE OF FUTURE EVENTS: 5.1 DEVELOPMENT CODE WORKSHOP - September 6, 1997 - 9:00 - 12 noon, AQMD Auditorium 5.2 PLANNING COMMISSION - September 9, 1997 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 HOME COMPOSTING WORKSHOP(FREE) - September 13, 1997 - 9:30 to 11:00, Sycamore Canyon Park. 5.4 TRAFFIC & TRANSPORTATION COMMISSION - September 11, 1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - September 16, 1997 - 6:30 p. m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 TOWN HALL MEETING - ECONOMIC REVITALIZATION - SEPTEMBER 2, 1997 PAGE 3 September 30, 1997 - 6:30 -9:30 p.m., South Pointe Middle School Multi -Purpose Room. 6. CONSENT CALENDAR: Moved by CANerner, seconded by MPTIHerrera to approve the Consent Calendar with the exception of Item No. 6.2 Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Harmony, Werner, MPT/Herrera, M1Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 6.1 RECEIVED & FILED PLANNING COMMISSION MINUTES: 6.1.1 Regular Meeting of July 22, 1997. 6.1.2 Regular Meeting of July 29, 1997. 6.1.3 Regular Meeting of August 5, 1997. 6.3 REVIEWED AND APPROVED TREASURER'S REPORT - for July, 1997. 6.4 ADOPTED RESOLUTION NO. 97-63: A RESOLUTION OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT TRAIL ACQUISITION & DEVELOPMENT COMPETITIVE GRANT PROGRAM FOR THE FOLLOWING PROJECT: SYCAMORE CANYON PEDESTRIAN/BIKE ROUTE - approving the application for grant funds for the Sycamore Canyon Pedestrian/Bike Route. 6.5 APPROVED THE REVISED WALNUT VALLEY WATER DISTRICT RESERVOIR CAPACITY AND ACREAGE SUPPLY CHARGES FOR PANTERA PARK - Authorized the City Manager to approve a Purchase order and payment to the Walnut Valley Water District for Reservoir Capacity and Acreage Supply Charges for Pantera Park in the amount of $27,065.70. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.2 VOUCHER REGISTER - dated September 2, 1997 in the amount of $866,602.86. Following questions regarding various items on the Voucher Register, moved by C/Harmony, seconded by MIHuff to approve the Voucher Register with the exception of payment to the Chamber of Commerce for redevelopment advertising and payment to Great Western for delivery of door hangers to advertise the Town Hall meeting SEPTEMBER 2, 1997 PAGE 4 regarding redevelopment. These two items to be moved to the Redevelopment Budget. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: Harmony, Werner, MPT/Herrera, M/Huff None Ansari 8.1 RESOLUTION NO. 97-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING COMMERCIAL VEHICLES OVER FIVE TONS (10,000 POUNDS) FROM PARKING ON BOTH SIDES OF WASHINGTON STREET FROM BREA CANYON ROAD TO ITS EASTERLY TERMINUS AND THE PAINTING OF 150 FEET OF RED CURBS AT THE SOUTHWEST AND NORTHEAST CORNER OF WASHINGTON STREET AT LINCOLN AVENUE Lyle Kennedy, Industry Machinery Sales, Inc. pointed out that the City already has an ordinance prohibiting commercial vehicles from parking in the area over 30 minutes at a time. There are no residences that front Washington Street and indicated that he understood that the street is wide because it was intended for commercial/industrial and would become an arterial connector. Dr. Lawrence Rhodes said that the residents he represents agree with the Traffic & Transportation Commission's recommendation. He said the City's 30 minute parking ordinance continues to be violated and reported that a truck had been parked on the north side of Washington Street west of the mobile home park for 4 days. Further, he indicated that a resident of the mobile home park had said a refrigeration truck often parks all night with its compressor running at the easterly terminus of the street. Ignacio Covarrubias stated that trucks regularly park on Washington Street with motors running while waiting for Sysco -Continental to open which is annoying to the residents. He recommended that the curb on both sides of Washington Street be painted red excluding the areas in front of Industry Machinery Sales, Inc. and the storage business. Deanna Leviste, 21115 Rainwood Dr. agreed with Mr. Covarrubias and stated that trucks park for extended periods of time directly in SEPTEMBER 2, 1997 PAGE 5 front of her house which is annoying to her. In response to C/Werner, Dr. Rhodes said that the desire of the people he represents is to have red curbing installed on both sides of Lincoln, enforce the 30 minute parking and install No Parking signs for commercial vehicles weighing in excess of 5 tons with the exception of the 2 existing businesses on the north side of Washington adjacent to Brea Canyon Rd. Moved by C/Werner, seconded by MPT/Herrera to adopt Resolution No. 97-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING COMMERCIAL VEHICLES OVER FIVE TONS (10,000 POUNDS) FROM PARKING ON THE NORTH SIDE OF WASHINGTON STREET FROM THE MOBILE HOME ESTATES TO ITS EASTERLY TERMINUS; ON THE SOUTH SIDE OF WASHINGTON STREET FROM BREA CANYON ROAD TO ITS EASTERLY TERMINUS AND THE PAINTING OF 150 FEET OF RED CURBS AT THE SOUTHWEST AND NORTHEAST CORNERS OF WASHINGTON STREET AT LINCOLN AVENUE. Motion carried by the following Roll Cali vote. - AYES: COUNCIL MEMBERS - Harmony, Werner, MPT/Herrera, MIHuff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 8.2 SECOND READING OF ORDINANCE NO. 06(1997): AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING DIVISION 2 OF CHAPTER 12.00 OF TITLE 12 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO PARK RULES AND REGULATIONS - Moved by C/Harmony, seconded by C/Werner to approve second reading by title only, waive full reading and adopt Ordinance No. 06(1997) amending Division 2 of Chapter 12.00 of Title 12 of the D.B. Municipal Code relating to Park Rules and Regulations to prohibit golf in the City's public parks. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Harmony, Werner, MPT/Herrera, MIHuff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 9. NEW BUSINESS: 9.1 CITY MANAGER COMPENSATION AND CONTRACT MODIFICATIONS - Gary Neely, D.B. Caucus, asked for clarification SEPTEMBER 2, 1997 PAGE 6 of the current contract vs. the proposed contract regarding termination for cause. He was opposed to any severance pay for municipal employees. Martha Bruske asked if "incompetence" should be included in the contract. She also suggested that the City Manager should be required to be a resident of D.B. Terry Birrell believed if the District Attorney had evidence of embezzlement on the part of the City Manager, it should be cause for termination. She indicated that the City Manager's personnel records should be open for inspection. The drafted contract would require that charges be brought against the City Manager in order to pursue lawful termination. She recommended that 80- to 120 hours of consecutive administrative leave be required to be used and that the City Manager should be required to cash out leave hours to fund other benefits. Carey Shen, 2160 Indian Creek, supported giving the City Manager a 6% salary increase. In response to Public Comments, MIHuff stated that the 6 month termination benefit has existed since 1992 and is not proposed to be changed. The attempt is to align the definition of "cause" with the SCJPIA's language. Incompetence is difficult to objectify. The City Manager signs a contract with the City fully aware that every 2 years, a City Council realignment will occur, which creates the potential for replacement. Therefore, the 6 month severance is negotiated to offset the replacement potential and to assure that Council does not act capriciously and is fair to the City Manager who has established himself or herself in a community, perhaps purchased a home ad then in 2 years must relocate. During the negotiation process for procuring a City Manager, cities must agree to terms which will bring the person to the City some degree of security. Section B of the contract discusses embezzlement. ClHarmony and ClWerner requested additional clarification on contract issues including the amount of proposed salary increase and inclusion of the SCJPIA's definitions and provisions in the proposed contract. Moved by ClWerner, seconded by ClHarmony to continue the matter to the earliest possible date. The Council committee will provide clarification on questions made by ClWerner and ClHarmony. Motion j carried by the following Roll Call vote: SEPTEMBER 2, 1997 AYES NOES: ABSENT 91.191 WA COUNCIL MEMBERS - COUNCIL MEMBERS - COUNCIL MEMBERS - Harmony, Werner, MPT/Herrera, M/Huff None Ansari RECESS TO REDEVELOPMENT AGENCY MEETING - 9:00 p.m. RECONVENE CITY COUNCIL MEETING: 9:13 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS AND COUNCIL COMMENTS: C/Harmony displayed a chart that he had compiled regarding contingencies for public works contracts. C/Werner stated that some of the arguments being used by members of the public against redevelopment should really be directed to the State Legislature because the City is following State law. Development of a specific plan is done over time. It is a tool to allow the City to capture funds that would go to other agencies outside the City. C/Herrera invited public participation at the September 30, 1997 Town Hall Meeting at South Pointe Middle School. In response to Ms. Birrell, she stated that Walnut Valley Unified School District owns 78 acres, not 150 acres, and has designated that 30% will remain in its natural state. Currently, Mr. Arciero is building in excess of 100 homes on a portion of the property which leaves some acreage that has never been designated by Council as a potential big box shopping mall area. Big box commercial entities do not wish to locate in D.B. because it is too close to surrounding areas already providing such facilities. M/Huff reported on the Four Corners Committee meeting on August 25th and spoke about the importance to the City of the Grade Crossing Study and projects that have been identified. He commented that although the City has approximately $11,000,000 in its General Fund and approximately $22,000,000 in reserves, it is not a large amount of money. As income from the State decreases, the Council and community needs to obtain additional funds to provide for things such as an adequate City library and Community Center. The proposed Parks Master Plan requires funding. Open space needs to be preserved. The City needs to identify means by which is can legally acquire resources that are being generated by D.B. and D.B. businesses and lost to other governmental agencies. 11. ADJOURNMENT: There being no further business to discuss, M/Huff adjourned the meeting at 9:36 p.m. in memory of Joel Whitzman, longtime resident who leaves behind wife Jean, a son, Joel, and a daughter-in-law. SEPTEMBER 2, 1997 PAGE 8 ATTEST: Mayo 6 -6�� L DA BURG,=.SS. C i t v (;lerk