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HomeMy WebLinkAbout09/20/1994 Minutes - Regular MeetingXINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTENHER 20, 1994 1. CALL TO ORDER: M/Werner called the meeting to order at 7:05 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Werner. ROLL CALL: Council Members Ansari, Papen, Mayor Pro Tem Harmony and Mayor Werner. Council Member Miller was excused. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATION, CERTIFICATES - 2.1 M/Werner proclaimed September 19-25, 1994 as "Pollution Prevention Week." Asst. to CM/Butzlaff stated that the City would be distributing containers for recycling motor oil. 2.2 Presentation to Anjali Sridhar for finishing in the top 10 in the "Miss Teens Encouraging Excell6pce Nationally" Pageant - Miss Sridhar was unable to be present. Matter continued to next meeting. 2.3 Presentation to Myla Hardy, Silver Medalist at the California State Games - Miss Hardy was unable to be present. Matter continued to next meeting. 2.4 A Certificate of Recognition was accepted by Maria Ochsner, Manager of the D.B. Chamber of Commerce, on behalf of Geri Briden, who recently retired as Chamber Secretary. 2.5 A commendation was presented to John McKitrick, President of the Heritage Park Rec-Council, for his support and efforts toward "Youth Activities." 2.6 Karl Rosen, President, D.B. Chamber of Commerce, presented a check for $1500 for a bench at the Heritage Park Community Center. The funds were raised at the Chamber's Annual Benefit Auction. 3. PUBLIC CONKENTS: Ron Layton, 172 N. Rock River, Dr., stated that on September 25, 1994 the Diamond Bar Little League will sponsor a benefit softball game on behalf of Brian Litrell, a Diamond Bar resident, who was paralyzed in a tram-poline accident. He further stated that anyone wishing to contribute to Brian's medical costs, can send donations to the Brain Litrell Trust Fund, c/o Diamond Bar Little League, P.O. Box 4113, Diamond Bar, CA. Mr. Layton further stated that on Saturday, September 24, 1994, Rudy's Pizza will donate 25% of their sale proceeds. Mr. Layton then requested that the City authorize secured parking by closing off SEPTEMBER 20, 1994 PAGE 2 Sunset Crossing from the YMCA to the Little League field on Sunday, September 25, 1994 for this event. ACM/Usher advised that there would be no problem in approving the secured parking request with a no fee permit to provide striping. Oscar Law, 21511 Pathfinder Rd., thanked the Council for the coffee pot donated to the Senior Citizens and stated that the wiring had been done and donated by Mr. Schad. He commented on the promise of no tax money being used to support the China trip; however, gifts were supplied for that trip. He expressed his anger with the City selling Prop A funds worth approximately $300,000 for $207,000. He advised that there is plenty of work to do in the City that could be covered Dy Prop A monies. Red Calkins, 240 Eagle Nest Dr., presented a letter he received during the "Great Debate" and expressed concern over the use of City stationery endorsing Paul Horcher for the State Senate with all the Council Members' names. He asked MPT/Harmony to resign from the City Council. C/Papen also objected to the letter and to her name being — on the letter endorsing Paul Horcher. MPT/Harmony, responding to Mr. Calkins, stated that he delivered a letter to Paul Horcher's offices which told voters of D.B. why they should not vote for Gary Miller and why they should vote for Paul Horcher. He advised that he made the stationery at home and that he had called Mr. Horcher's offices and asked that they remove the City Council Members' names from the stationary and added that it did not cost taxpayers any money. M/Werner advised that he had not endorsed Mr. Horcher or Mr. Miller. RECESS: M/Werner recessed the meeting at 7:35 p.m. RECONVENE: M/Werner reconvened the meeting at 7:39 p.m. 3. PUBLIC COMMENTS (Cont'd): M/Werner advised that City stationery has never been used for endorsement of candidates. C/Papen stated that MPT/Harmony misappropriated her name and title in endorsing a political candidate on City stationery. She further stated that permission must be received prior to the use of the City logo and that MPT/Harmony violated the City's copyright laws. She requested that MPT/Harmony produce, at his own expense, a letter of apology to be approved by her attorneys, withdrawing her endorsement and that it be distributed as SEPTEMBER 20, 1994 PAGE 3 widely as the letter with her name on it was distributed. She then moved to adjourn the meeting. Wilbur Smith, 21630 Fairwind, commented on Item 6.12 wherein the City agreed to exchange $300,000 of Prop A funds that have to be spent in a specific category for $207,000 that can be spent anywhere the City wants. He expressed concern that the City is giving away $93,000 and that the City does not have an anticipated use for the full $300,000 within the transit category and that this money could be used for controlling traffic, putting in traffic lights, etc. He stated that the City has a much more pressing problem with the traffic problems in the City than in supporting the library. He also commented on items 6.10 and 6.11 and his concern that middle class residents in the City will pay for these programs for first-time buyers or low income housing. Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., stated she opposed the sale of Prop A funds and that the money should not be sold to another city just so it can be used for our library. Terry Birrell, Treasurer of the Committee to Recall Miller and Papen, stated that on September 29, 1994 it will be determined by a judge whether or not the 6,000 signatures on the petitions are valid and if there will be a vote on whether Council Persons Miller and Papen should stay in office. She also advised that the City Clerk threw out good signatures and did not initiate a recount on May 17 as requested by the Committee. Don Schad, 1824 Shaded Wood Rd., commented on the use of City stationery and advised that the City should pull the plug on City -on-line. Steve Nice, Rising Star Dr., commented on M/Werner letting the public say what they want to say without being interrupted. He also commented on lobbyist, Mr. Gonsalves, representing the City and City of Industry, and the fact that the City received no representation by the lobbyist on the recent legislative battle on the MRF. He further stated that the City needs a lobbyist that can work for us on all issues and that the current lobbyist should be replaced with someone who doesn't have any connection with surrounding cities. He stated that he had spoken with Mr. Mountjoy regarding the MRF and that Mr. Mount j oy had indicated his interest in helping defeat the MRF and that he had a plan to resolve the problem. He then requested a report on a meeting held between M/Werner and Dr. Hockwalt, W.V.U.S.D. Superintendent, to discuss Sandstone Canyon. M/Werner advised that City stationery has never been used for endorsement of candidates. SEPTEMBER 20, 1994 PAGE 4 MPT/Harmony advised that the City of Walnut hired a separate lobbyist because they knew Mr. Gonsalves had a conflict of interest. He agreed that the City needs an independent lobbyist that can represent the City on all issues. Dr. Lawrence Rhodes spoke about Robert's Rules of Order and indicated that when a Council Member is out of order, the Chair must take action and that the individual must sit down. Don Gravdahl commented on the City letterhead issue and stated that even though Mr. Harmony has the right to endorse whomever he chooses, it should be done on plain paper and not on City letterhead. He also stated that regarding Prop A funds, that $207,000 is $.69 on every dollar, which is a very high offer. Frank Dursa stated that the he felt the City is wrong to exchange Prop A funds since taxpayers voted for these funds. He advised that the City is depriving handicapped persons of being able to get around, i.e., taxi cab services for elderly people, etc. 4. COUNCIL COKKZNTS: MPT/Harmony stated that he asked for the resignation of City Manager because of mismanage- ment of the Finance Department and that this management crisis was complicated by the Finance Committee's suppression of an auditor's report issued by Moreland & Associates. He advised that the report verifies his finance committee's findings. He went on to discuss some of the highlights of the report and stated that both Ms. Papen and Mr. Miller had no part in concealing the report. C/Papen announced that the Ranch Festival Parade would be held on Saturday, September 24, 1994 at 9:00 a.m.; that the "Friends of the Library" donated 400 books and that for $1.00, persons can rent a best seller and that a softball game would be held to raise funds for medical bills for Brian Litrell. She asked MPT/Harmony to reveal how much money had been misappropriated from the City and explained that Council Members have a responsibility to the citizens and that they should not misuse their position. MPT/Harmony stated that a control audit needed to be done to keep mistakes from happening. C/Ansari announced that the Library has a new schedule and that a tea would be held for all teachers on September 29, 1994. She further stated that MPT/Harmony had notified her of his press conference; however she was unable to attend, so someone else went in her place. SEPTEMBER 20, 1994 PAGE 5 M/Werner stated that he had taken City Tiles, amounting to $215, to China for presentation and that this should be considered a City expense. C/Papen advised that there is a written policy that states that all Council Members are free to give out City plaques and pins and that this should be considered in the same manner. MPT/Harmony advised that there were more expenses besides the pins and plaques for the trip to China, such as employee time for pictures, etc. He asked CM/Belanger for all indirect and in-kind costs related to the trip. C/Ansari advised that she was unaware that there was a City policy for distributing plaques and pins without expense. M/Werner reminded all that he had requested support from the Council for the trip to China; specifically, for staff support to assist in coordinating trips. He expressed concern regarding "sensational" comments made by MPT/Harmony during his press conference that were untrue. He reviewed the duties of the Finance Committee and issues brought up by MPT/Harmony as well as calling for the resignation of the City Manager. He pointed out that there are procedures and policies in removing someone from office. RECESS: M/Werner recessed the meeting at 8:58 p.m. RECONVENE: M/Werner reconvened the meeting at 9:04 p.m. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks & Recreation Commission - September 22, 1994 - 7:00 p.m., Heritage Park Commun. Cntr., 2900 S. Brea Canyon 5.2 Planning Commission - September 22, 1994 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 Planning Commission - September 26, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 City -On -Line Technical Advisory Committee - September 28, 1994 - 7:00 p.m., City Hall Conference Room, 21660 E. Copley Dr. 5.5 Multi -Cultural Committee - October 3, 1994 - 7:00 p.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.6 City Council Meeting - October 4, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.7 Planning Commission - October 10, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.8 Traffic & Transportation Commission - October 13, 1994 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. SEPTEMBER 20, 1994 PAGE 6 5.9 City Council Meeting - October 18, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Ansari requested that Agenda Items 6.10, 6.11 and 6.12 be removed for discussion. MPT/Harmony requested that Agenda Items 6.5 and 6.13 be removed for discussion. C/Papen moved, C/Ansari seconded to approve the Consent Calendar, with the exception of Items 6.5, 6.10, 6.11, 6.12 and 6.13. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - 6.1 APPROVAL OF MINUTES: Papen, Ansari, MPT/Harmony, M/Werner None Miller 6.1.1 Regular Meeting of June 21, 1994 - Approved as submitted 6.1.2 Adjourned Regular Meeting of June 28, 1994 - Approved as submitted. 6.2 PLANNING COMMISSION MINUTES - Regular Meeting of July 11, 1994 - Received & filed. 6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - 6.3.1 Regular Meeting of June 9, 1994 - Received & filed 6.3.2 Regular Meeting of July 14, 1994 - Received & filed 6.3.3 Adjourned Regular Meeting of July 18, 1994 - Received & filed 6.4 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of June 27, 1994 - Received & filed 6.6 CLAIM FOR DAMAGES - Filed by Rita Stevens on July 22, 1994 - (Indemnity Claim Only) - Rejected request and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 6.7 RELEASED GRADING BOND POSTED FOR 22428 STEEPLECHASE LN. - Approved work completed and released Cash Bond No. 038-468472-50 in the amount of $2,700. 6.8 AWARDED CONTRACT FOR GOLDEN SPRINGS DR. LANDSCAPE MEDIAN, WESTERLY CITY LIMITS TO LEMON AVE - To Advanced Construction, the lowest responsible bidder, in an amount not to exceed $247,822.90. SEPTEMBER 20, 1994 PAGE 7 6.9 AWARDED BID FOR TREE PLANTING IN THE CITY - To Green Giant Landscape, the lowest responsible bidder, in the amount of $14,930 plus an additional amount not to exceed $1,500 to serve as a contingency, if needed. 6.14 RATIFIED PURCHASE ORDER FOR USE OF WALNUT VALLEY UNIFIED SCHOOL DISTRICT FACILITIES - For recreation program in an amount not to exceed $50,000 and authorized the City Manager to sign the Purchase Order. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.5 VOUCHER REGISTER - In response to MPT/Harmony, ACM/Usher advised that the warrant for Marrs Printing was for the community newsletter (19,000 copies) for all residents and businesses throughout the City. Bids were obtained from Marrs Printing at $6,170.; Faust Printing at $5,988 and Lithographics at $6,319. He advised that Marrs is located adjacent to the City and less staff time is necessary for pick up and drop off. He also advised that the newsletter is printed four times a year; however, each newsletter will be bid individually. C/Papen asked if the Finance Committee had reviewed the Voucher Register and recommended it for approval. M/Werner stated that the Finance Committee had reviewed and approved the Voucher Register. C/Papen moved, C/Ansari seconded to approve the Voucher Register dated September 20, 1994 in the amount of $224,497.83. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Papen, Ansari, M/Werner NOES: COUNCIL MEMBERS - MPT/Harmony ABSENT: COUNCIL MEMBERS - Miller 6.10 RESOLUTION NO. 94-42: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PARTICIPATION IN THE LOS ANGELES COUNTY COMMUNITY DEVELOPMENT COMMISSIONS HOME OWNERSHIP PROGRAM FOR FIRST TIME HOMEBUYERS - ACM/ Usher reported that this would allow the City to partici-pate in a program with the L.A. County Community Development Commission to enable residents to become homeowners. He advised that the program is oriented toward providing low interest loans through participating lenders to enable home SEPTEMBER 20, 1994 PAGE 8 ownership through a second mortgage up to 15% of the purchase price and Item 6.11 (MCC program) is participation in a mortgage certificate program that is something that, under federal tax regulations, is authorized annually by the State; and issuance of mortgage credit certificates to low income families who are interested in purchasing homes which will effectively reduce their tax rate and thereby reduce their cost of housing. MPT/Harmony advised that these two approaches are very admirable and will help move the real estate market and allow for the sale of lower income homes and condos. C/Ansari asked ACM/Usher to explain the requirements of the MCC program, the effective interest rates. She stated that the income requirement is that one or two persons must earn $56,859 for eligibility and that she feels that this is not very low income. M/Werner stated that, during Public Comments, Mr. Smith indicated that his personal preference was not to take these funds and that if cities did likewise, then the government would not use these programs. He asked how effective would veto of these funds be for our purposes. ACM/Usher advised that not going with these programs would not make any difference. He also advised that any citizen can pursue this program by contacting Kellee Fritzal at City Hall. C/Papen moved, MPT/Harmony seconded to adopt Resolution No. 94-42 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PARTICIPATION IN THE LOS ANGELES COUNTY COMMUNITY DEVELOPMENT COMMISSION'S HOME OWNERSHIP PROGRAM FOR FIRST TIME HOME BUYERS. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Papen, Ansari, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Miller 6.11 RESOLUTION NO. 94-43: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A MORTGAGE CREDIT CERTIFICATE PROGRAM IN COOPERATION WITH THE COUNTY OF LOS ANGELES, AUTHORIZING AN APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE IN 1994 FOR AN ALLOCATION FOR THE ISSUANCE OF MORTGAGE CREDIT CERTIFICATES AND THE F_ SEPTEMBER 20, 1994 PAGE 9 TRANSFER OF SUCH ALLOCATION TO THE COUNTY OF LOS ANGELES. C/Papen moved, MPT/Harmony seconded to adopt Resolution No. 94-43. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Papen, Ansari, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Miller 6.12 RESOLUTION NO. 94-44: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, AUTHORIZING AND APPROVING THE EXCHANGE OF $300,000 IN UNCOMMITTED PROPOSITION A (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF LANCASTER FOR $207,000 IN UNENCUMBERED FUNDS - ACM/Usher reported that the proposal is to approve the exchange of funds with the City of Lancaster in the amount of $300,000 from D.B. Prop A Funds for $207,000 of unencumbered funds from the City of Lancaster. He advised that in the initial budget presentation, they indicated that the specific purpose of this exchange would be to provide additional funding necessary to keep the library open for two additional days for the full fiscal 1994-95 year. Further, this is the best exchange rate that has ever been achieved --$.69 on the dollar is a very good rate. He indicated that Prop A money can only be used for transit -related programs; other types of transportation improvements such as streets, sidewalks, etc. are not eligible for payment through Prop A funds. Asst. to CM/Butzlaff reported that Prop A funds are a County -wide 1/2 cent sales tax specifically for transit use approved by voters in 1980. Revenues generated from this tax are allocated by the Metropolitan Transit Authority for use by local jurisdictions for specific public transit needs and is distributed to cities on a per capita basis. These funds must be used within 3 years of receipt or they will be reallocated to other cities. He advised that for FY 94-95, the Council authorized a total of $837,600 toward Prop A -related expenses such as holiday shuttle, recreation excursions, transit services, bus pads and the expansion of the D.B. Blvd. park and ride. He further stated that the City has a carry over balance of $961,121 in Prop A funds from FY 93-94 and it's anticipated that the City will receive another $538,600 in Prop A funds this fiscal year. As a result, the City will have an estimated $1,457,600 in Prop A funds during FY 94-95. He explained that funds being SEPTEMBER 20, 1994 PAGE 10 exchanged with the City of Lancaster were received in FY 92-93. C/Papen advised that the City has budgeted everything for transit but there is still a surplus and funds need to be budgeted for the Library. She indicated that this had already been discussed during the budget review and that public comments should not be allowed, with the exception of Mr. Schad. Don Schad, 1824 Shaded Wood Rd., advised that this money could be used for hiking and biking trails, which are covered under the General Plan. He also advised that there are three parks that could use hiking and bike trails. He suggested using the funds for buses or cars to pick up senior citizens from their homes when they cannot get out. ACM/Usher advised that Prop A funds cannot be used for hiking or biking trails but they may be used for taxi cabs and/or buses for shuttling senior citizens around; however, most D.B. residents have cars and that is their main source of transportation. There are more people benefited per dollar by this exchange who are library users rather than providing various types of shuttle services, which would probably go empty most of the time. M/Werner advised that he received a letter from Mr. Ortiz from the Transportation & Traffic Commission indicating there is a lack of issues at that level and it would be logical that that Commission be looking at potential loss of these Prop A funds prior to coming to the Council. MPT/Harmony commented that this is $93,000 that will be lost by the City if they exchange this money. He also commented on the Holiday Shuttle being a waste of money and transportation for the senior citizens at Heritage Park. He expressed concern that this money should stay in D.B. as long as they should. It was moved by C/Papen, seconded by M/Werner to adopt Resolution No. 94-44 approving the exchange of $300,000 in Prop A funds with the City of Lancaster. M/Werner asked about the time element involved in: 1) responding to the City of Lancaster and 2) the deadline before the City loses the FY 92-93 allotment. SEPTEMBER 20, 1994 PAGE 11 Asst. to CM/Butzlaff advised that the funds will expire next fiscal year; the City of Lancaster already approved the exchange and are anxious to receive the funds for their metrolink project. He also advised that the City was offered a very good exchange rate with Lancaster and that there are other cities waiting to exchange Prop A funds. ACM/Usher advised that this exchange was originally at $.65 but was negotiated up to $.69 and that it is the very best rate that the City can get. He also advised that these funds would be appropriated for library use only. C/Ansari requested an itemized list of what Prop A monies would cover and if it could be used anywhere else. She expressed concern that the City could actually lose it by next fiscal year. MPT/Harmony asked if the Council could wait 2 weeks for a decision. Asst. to CM/Butzlaff advised that Lancaster is anxious to receive the exchange now because of their large metro project and emphasized that the City will have a residual balance of $1.1 million dollars, of which $857,000 is allocated toward this year, meaning that the City will have a carry over balance in the amount of $300,000 for next FY even with the exchange. MPT/Harmony moved and C/Ansari seconded to amend C/Papen's motion to direct staff to come back within 60 days with a complete study of all options that Prop A dollars would cover. C/Papen opposed amendment to the motion as this was part of the City's budget negotiations and pointed out that Council already directed staff to schedule a review of transportation plans before the holiday shuttle is again arranged. She advised that the amendment for staff to bring back a study would jeopardize the sale because it will delay the exchange with Lanscaster. It was moved by C/Papen, seconded by M/Werner to adopt Resolution No. 94-44 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING AND APPROVING THE EXCHANGE OF $300,000 IN UNCOMMITTED PROPOSITION A (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF LANCASTER FOR $207,000 IN UNENCUMBERED FUNDS. MPT/Harmony moved and C/Ansari seconded to amend C/ Papen's motion to direct staff to come back within SEPTEMBER 20, 1994 PAGE 12 60 days with a complete study of all options that Prop A dollars would cover. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - Papen ABSENT: COUNCIL MEMBERS - Miller On motion to adopt Resolution No. 94-44, motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Papen, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Miller 6.13 RESOLUTION NO. 94-45: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE TRANSFER BY JONES INTERCABLE, INC. OF CERTAIN SHARES OF ITS STOCK TO BELL CANADA INTERNATIONAL INC. - MPT/Harmony reported that this was the sale of approximately 30% of Jones Intercable stock to a Canadian company. He expressed concern that a significant foreign interest would be buying into a cable system in D. B. and the City is required to approve the transaction. Jones Intercable needs to significantly improve public access programs and advised that his goal is to make sure that residents can become producers and make their own programs. He stated that he was hoping the approval process would help leverage good faith prior to the Canadian company coming in and taking over the whole system. Asst. to CM/Butzlaff advised that this is a consent to assign 30% in outstanding common Class A share stock of Jones Intercable to Bell Canada International and that, pursuant to Section 16.60.170 of Ordinance 88-0159F of the L.A. County Code (franchise ordinance), the City must consent to any sale of Jones Intercable stock whereby 25% or more of the controlling interest is sold or assigned to an affiliate not currently in control of Jones Intercable. The City can only deny the action for the following reasons: 1) whether Jones Intercable is not in compliance with the terms of the franchise agreement; 2) if Bell Canada Intl. does not have the financial capability or 3) if Bell Canada does not have the experience to provide cable services. He indicated that staff could not recommend denial as both Jones Intercable and Bell Canada are in compliance. Bill Bradshaw, Marketing Manager of Jones SEPTEMBER 20, 1994 PAGE 13 Intercable, advised that one of Jones' goals is to provide public access. MPT/Harmony stated that Jones does not currently televise productions or videos produced by independents and that he would like to see a policy providing for that. In response to C/Papen's question regarding the owner of the remaining shares in Jones Intercable, Mr. Bradshaw stated that CEO Glen R. Jones will control the remaining 60$ of the shares for eight years. The shares will again be subject to negotiation at that time. C/Papen suggested improvements such as 1) improved trunk line maintenance for volume adjustment; 2) get channels off the basic package moved out and give residents real value for their money. Mr. Bradshaw advised that part of re -regulation of the cable industry was a status called "must carry". The "must carry" status is that any television station within a certain radius of the cable operation is required carriage under two formats --either for funds or automatic carriage. In response to M/Werner, Mr. Bradshaw advised that there would not be a rate increase due to the transaction; however, in the course of normal business, rate increases will occur. Dr. Rhodes advised that there are 2 stations that he would like available but that Jones does not have the money to expand. He supported approving the transfer in the hope that it will infuse more funds into the company. M/Werner moved, C/Ansari seconded to adopt Resolution No. 94-45: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE TRANSFER BY JONES INTERCABLE, INC. OF CERTAIN SHARES OF ITS STOCK TO BELL CANADA INTERNATIONAL, INC. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - 7. PUBLIC HEARINGS: Ansari, MPT/Harmony, M/Werner None Miller Papen 7.1 ZONE CHANGE NO. 92-2, VESTING TENTATIVE TRACT MAP SEPTEMBER 20, 1994 PAGE 14 NO. 51169, CONDITIONAL USE PERMIT NO. 92-3, OAK TREE PERMIT NO. 92-3, AND ENVIRONMENTAL IMPACT REPORT NO. 92-2 - CDD/DeStefano advised that he had received a handwritten note indicating that the applicants are desirous of continuing the Public Hearing for a month. Lex Williman, Director of Planning for Hunsaker & Assoc., representing Unionwide, owner of Tract 51169, stated that the reason for this request was due to a slight slide. i M/Werner declared the Public Hearing open. Don Schad advised that he would like to make recommendations to the Planning Commission before the project starts due to ecological concerns. C/Ansari asked Mr. Schad to submit a list of recommendations to the property owner and have them go over them before next meeting. Wilbur Smith recommended that they address the public hearing items at that time after they make their presentation. MPT/Harmony moved, C/Ansari seconded to continue the Public Hearing regarding Tract Map No. 51169 to October 18, 1994. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Miller ABSTAIN: COUNCIL MEMBERS - Papen C/Papen advised that a letter was received from the D.B. Country Estates Assn. and asked that staff forward the letter to the property owner. CM/Belanger advised that the applicant received a copy of that letter. MPT/Harmony asked if the City Attorney could give Council a written report giving his perspective on these types of requests from The Country Assn. MPT/Harmony moved, C/Ansari seconded to continue the Public Hearing regarding Tract Map No. 51169 to October 18, 1994. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony, SEPTEMBER 20, 1994 PAGE 15 M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Miller ABSTAIN: COUNCIL MEMBERS - Papen 7.2 RESOLUTION NO. 94-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE PARCEL MAP NO. 22102, AN APPLICATION FOR A MINOR SUBDIVISION TO CREATE TWO (2) PARCELS LOCATED AT 1575 VALLEY VISTA DRIVE - LOT 13, TRACT 30379 AND MAKING FINDINGS IN SUPPORT THEREOF - CDD/DeStefano reported that the Public Hearing was to consider a proposal to subdivide a 4.39 acre parcel into 2 parcels (one consisting of 3.5 acres and the second consisting of .89 acres) at 1575 Valley Vista Dr., the old SENA site. The site was already graded and the project had been before the City off and on for several years, originally coming before the Council 1990. C/Papen asked if two lots would share a driveway and indicated that she would have no problem with the lot split if there were architectural control --such as same look, same build. CDD/DeStefano advised that there would be a single access point to the two parcels which would eliminate a potential traffic conflict that exists on the curve between Valley Vista and Corporate Center Dr. M/Werner declared the Public Hearing open. Charles Blum, President of SEMA (applicant), stated that his organization is a non-profit trade association that has more land than they can possibly use. He proposed to split the land and sell it off and allow construction to come in and build. He expressed concern about accepting an architectural provision without knowing who the purchaser of the lot is going to be or the use of it. He advised that 2.03 acres of the 4.39 acres are unusable land which is slopes down to the 57 Fwy. He requested that this provision not be put on this project. With no further testimony offered, M/Werner closed the Public Hearing. C/Papen requested staff to note her concerns about the architectural review of the property. MPT/Harmony moved, C/Ansari seconded to adopt Resolution No. 94-46 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SEPTEMBER 20, 1994 PAGE 16 TENTATIVE PARCEL MAP NO. 22102, AN APPLICATION FOR A MINOR SUBDIVISION TO CREATE TWO (2) PARCELS LOCATED AT 1575 VALLEY VISTA DRIVE - LOT 13, TRACT 30379 AND MAKING FINDINGS IN SUPPORT THEREOF. With the following Roll Call vote, motion carried: AYES: NOES: ABSENT: S. OLD BUSINESS: COUNCIL MEMBERS - COUNCIL MEMBERS - COUNCIL MEMBERS - Ansari, Papen, MPT/Harmony, M/Werner None Miller 8.1 DEVELOPMENT AGREEMENT 92-2, VESTING TENTATIVE TRACT NO. 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 912; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 (APPLICANT - ARCIERO & SONS) - M/Werner advised that the applicant requested that this item be continued to October 4, 1994. C/Papen moved, MPT/Harmony seconded to continue Development Agreement No. 92-2, Vesting Tentative Tract No. 32400 and its related applications to October 4, 1994 at the request of the property owner. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Papen, MPT/Harmony NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Miller ABSTAIN: COUNCIL MEMBERS - M/Werner 8.2 TENTATIVE TRACT NO. 51253, CONDITIONAL USE PERMIT NO. 92-12, AND OAK TREE PERMIT NO. 92-9; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 (APPLICANT: SASAK CORPORATION) - CM/Belanger advised that this is a continued discussion from August 16, 1994 for reviewing Sasak Corporation's request for approval of a 21 unit single family residential development proposed on about 6.7 acres immediately adjacent to Morning Sun Drive. He advised that a new civil engineer crafted a map for the Council's review and several meetings had been held with WVUSD to discuss issues pertaining to off-site use of the property for lot and pad sizes for a few of the proposed. He also advised that Sasak presented staff with a copy of the letter dated September 12, 1994 from WVUSD indicating that they are interested in pursuing the sale of certain district -owned property to the applicant. He recommended that Council continue SEPTEMBER 20, 1994 PAGE 17 the project for a minimum of 30 days based on allowing planning and engineering staff to review the issues pertaining to the revised application in terms of reviewing lot sizes, street configura- tions, pads and grading issues. In response to M/Werner, CM/Belanger advised that the Public Hearing was closed on July 5, 1994 with direction to the applicant to make changes. Lynn Mutch, Pfeiler & Associates, advised that they made the revisions that were requested by the Council and dealt with the School District to work out areas inter -facing their property. A new map has been developed that is basically the same but modifies the existing tentative tract that was requested by the Council such as maintaining the 21 lots; eliminating through -traffic; maintaining the approximate lot configuration; lots 21, 20 and 19 were changed for access off Morning Sun as requested by Council; outside grading was modified to conform to the City's hillside grading ordinance; and maintaining the same storm drain alignment except with outside grading where there was a drain extended up. C/Papen expressed concern that staff hasn't had time to approve the application. ICA/Montgomery advised that the changes that were made were apparently as a result of the Public Hearing and there should be other public comments. In response to C/Papen, CM/Belanger stated that the applicant submitted the drawing to the City at approx-imately 12 noon on Tuesday, September 13, 1994 and that he felt that staff had the appropriate information in order to make a decision on grading; however, there needs to be a further analysis on the applicant's part with respect to the cut and fill quantities. C/Papen asked if next time this project comes before the Council, could the Council approve or deny the project. ICA/Montgomery indicated that there were a couple of issues that Council may direct staff on, including: 1) does staff favorably view the proposed subdivision with respect to the lot configuration, the street configura-tion, etc.; 2) does staff wish to discuss any of the issues pertaining to the off-site grading necessity that this map requires. MPT/Harmony asked --with old business and continued SEPTEMBER 20, 1994 PAGE 18 hearings and closed hearings --what's been the mechanism for having a public hearing and hearing it from the neighbors of a specific plan. M/Werner advised that the Public Hearing was held on a specific plan; however, the major focus was on other properties. Ken Anderson stated that this was not the same project because it was proposed in the context of the South Pointe Master Plan and it had an entirely different configuration that graded onto RNP property --now there is no building on RNP property. MPT/Harmony also commented that the project had changed and asked if the Council is allowed to look at the alternatives and bring it back for Public Hearing. Mr. Patel responded that the project had not been changed a lot and that he would agree to a continuance of October 1, 1994. He stated that the Public Hearing had already been closed and that he would not like it re -opened. C/Ansari suggested to Mr. Patel that he go with CDD/DeStefano and staff's request for continuance. CDD/DeStefano advised that more time is needed for 30 days. M/Werner moved and C/Papen seconded to continue Tentative Tract No. 51253 to October 4, 1994. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Papen, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Miller M/Werner advised that staff would provide the neighborhood with a notice with the proposed map. 8.3 DISCUSSION RE RESOLUTION NO. 94-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RE: No legal defense of Council Members - Continued to October 4, 1994. 8.4 RESOLUTION NO. 91-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING CITY COUNCIL STANDARDS OF OPERATION - Continued to October 4, 1994. SEPTEMBER 20, 1994 PAGE 19 9. NEW BUSINESS: None 10. ANNOUNCEMENTS: None 11. ADJOURNMENT: M/Werner adjourned the meeting to Closed Session at 11:09 p.m. 12. CLOSED SESSION: Convened to consider: Pending Litigation (Government Code Section 54956.9) - Oak Tree Lanes. M/Werner adjourned Closed Session at 12:15 a.m. (ICA/ Montgomery announced that no action had been taken by the Council during Closed Session. 13. ADJOURNMENT: There being no further business to discuss, M/Werner adjourned the meeting at.12:15 a.m. 1�'�/ 4LNDA BURGESS, x,ty Clerk ATTEST: