HomeMy WebLinkAbout11/15/1994 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAbK= BAR
NOVEMBER 15, 1994
1. CALL TO ORDER: Mayor Werner called the meeting
to order at 6:00 p.m. in the AQMD Auditorium, 21865 E.
Copley Dr., Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the
Pledge of Allegiance by M/Werner.
ROLL CALL: Councilmembers Ansari, Miller,
Papen, MPT/Harmony and M/Werner.
Also present were Terrence L. Belanger, City Manager;
Frank Usher, Asst. City Manager; Michael Montgomery,
Interim City Attorney; George Wentz, Interim City
Engineer; Bob Rose, Community Services Director; James
DeStefano, Community Development Director and Lynda
Burgess, City Clerk.
2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES:
2.1 PRESENTED CITY TILE TO LYDIA PLUNK, OUTGOING
PLANNING COMMISSIONER.
_ 3. PUBLIC COMMENTS: Jim Paul, 1269 Ahtena Drive,
commented on how good the Golden Springs improvements
look but expressed concern on construction in District
#38 on Golden Springs because there are left-hand turn
lanes that are unnecessary.
ICE/Wentz explained that the design for the left turn
lane was intended to accommodate traffic heading
westbound on Golden Springs by allowing them to make a
u -turn at Arkley. He advised that the reason for this
was because of the closure of a potential left turn from
the driveway of the shopping center.
Oscar Law, 2150 Pathfinder, recommended consideration of
cab services for handicapped and senior citizens funded
by Prop A monies. He stated that re -striping of D.B.
Blvd. for Sunday parking for the Evangelical Free Church
should also be covered by Prop A monies.
Wilbur Smith, 21630 Fairwind Ln. advised that several
citizens requested, at a recent Traffic & Transportation
Commission meeting, that stop signs be posted at the
corners of Barbie and Cold Spring and Cold Spring and
Ambushers.
Fred Scalzo, Casa O'Briens, announced that he is co -host
of the cable show called "Diamond Bar - Where the Action
Is" sponsored by the Chamber of Commerce and requested
that Council meetings begin no earlier than 6:30 p.m. so
that everyone could continue watching the show before the
NOVEMBER 15, 1994 PAGE 2
meetings.
Don Schad, 1824 Shaded Wood Rd., asked the Council to
reconsider moving the meetings back to 7:00 p.m. in order
for more public attendance. He announced that at 10:00
a.m. on November 19, 1994, the D.B.I.A. would be
sponsoring a clean up effort at Sycamore Canyon Park to
remove trash from the stream. He suggested that the
Windmill be the City's main paper for all City
activities.
Red Calkins, 240 Eagle Nest Drive, expressed concerns
that North D.B. is not treated the same as other parts of
D.B.
Steve Nice, Rising Star, stated that when City -On -Line is
abused, it becomes less than an effective means to
discuss issues.
Richard Callard, Multi -Cultural Committee, advised that
the Committee is made up of citizen volunteers with
ACM/Usher as Advisor and City Liaison. The purpose of
the committee is to promote appreciation of the cultural
diversity in the City.
Frank Dursa stated that having Council meetings begin at
6:00 p.m. will prevent a lot of people from being able to
make public comments and suggested changing back to 7:00
p.m. He asked what the revenue results will be from the
trip to China, how much money was donated from local
service clubs to defer the expenses of the trip and who
paid for the hosted dinner for the Chinese.
Ken Anderson commented on remarks made at last meeting
regarding traffic on Fountain Springs and advised that it
takes approximately three years to go through the Traffic
& Transportation Commission to get a light installed, if
it's warranted. He stated that he would like to see the
City get some structure or dissolve City -On -Line.
Oscar Law, 2150 Pathfinder, reported that D.B. had the
biggest drop in taxable sales --over 10% --when comparing
the first quarter of 1993 to the first quarter of 1994
throughout the Pomona Valley. He asked why the City is
considering building more retail shops there are so many
vacant ones. r
CM/Belanger reported that a report is being prepared
regarding the allocation of Prop A & C funds and how the
monies can be spent. He advised that the City will be
meeting with a local sales tax investigator in order to
NOVEMBER 15, 1994 PAGE 3
recapture sales tax monies and stated that there is no
new commercial development taking place in D.B. He
indicated that there are requirements that must be met
prior to installation of stop signs. In regard to
City -On -Line, he stated that the COL committee has
transmitted a draft policy to the Council which could be
discussed at a future meeting. The policy addresses
issues of propriety of certain kinds of comments and the
appropriateness of using comments towards persons.
C/Papen reported that she and C/Ansari attended the
training class for City -On -Line and stated that it was
very professional and helpful.
ACM/Usher advised that on September 27, 1994 residents
were contacted to obtain their concern, comments and
ideas regarding economic development and that once a
sufficient number of residents comments are available, a
report will be given to the Council.
4. COUNCIL COHMNTS: C/Papen requested support of
Eileen Ansari in seeking election to District 37,
Southern California Association of Governments. She
reported that she had spoken with Board Members of the
Water District in regard to statements made by their
employees regarding reclaimed water and suggested that
the Council form an ad hoc committee for looking at a
policy to be approved by both the Council and the Water
District. She reminded everyone that the library is now
open 5 days a week, Tuesday through Saturday. She
suggested that staff make it possible for residents to
buy their discounted tickets for the metro -rail or other
transit by mail.
C/Miller recommended that Council meetings begin at 6:30
p.m. in order to allow for broadcast of "Diamond Bar -
Where the Action Is." He announced that D.B. High School
will participate in CIF play-offs beginning November 18,
1994 at 7:30 p.m. in Ventura. He stated that the City is
pro-business and that strip malls do not always work.
Changes will be necessary in order for the City to be
competitive.
MPT/Harmony reported that Pathfinder Rd. is now open
clear to La Habra Heights. He reminded everyone about
the clean-up at Sycamore Canyon Park and announced that
M/Werner will be cooking hot dogs. He stated that foul
language and nasty remarks need to be kept out of
City -On -Line.
M/Werner explained that there was no cost to the
NOVEMBER 15, 1994 PAGE 4
taxpayers for the trip to China except for plaques given
to dignitaries. He reported that the dinner was
sponsored by C/Papen and himself.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PARKS & RECREATION COMMISSION - NOVEMBER 17, 1994 -
7:00 p.m., Heritage Park Comm. Cntr., 2900 S. Brea
Canyon Rd.
5.2 CITY COUNCIL MEETING - GENERAL PLAN -NOVEMBER 22,
1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley
Dr.
5.3 THANKSGIVING HOLIDAY -NOVEMBER 24-25, 1994 -In
Observance, City Hall will be closed. Will reopen
Monday, November 28, 1994.
5.4 PLANNING COMMISSION - NOVEMBER 28, 1994 - 7:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.5 CITY COUNCIL MEETING - DECEMBER 6, 1994 - 6:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
6 CONSENT CALENDAR: C/Miller moved, MPT/Harmony
seconded to approve the Consent Calendar with the
exception of Items 6.4, 6.6 and 6.7. Motion carried by
the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Miller, Papen, MPT/
Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED VOUCHER REGISTER - November 15, 1994 in
the amount of $247,009.72.
6.2- APPROVED MEMBERSHIP OF THE CITY OF MALIBU IN THE
SOUTHERN CALIFORNIA JOINT POWERS INSURANCE
AUTHORITY (SCJPIA).
6.3 GRADING BOND RELEASES:
6.3.1 APPROVED RELEASE OF GRADING CASH BOND
POSTED FOR 2740 SHADOW CANYON IN THE
"COUNTRY" - in the amount in the amount
of $12,000.
6.3.2 APPROVED RELEASE OF GRADING SURETY BOND .—
POSTED FOR 21217 WASHINGTON STREET
"MOBILE HOME PARK" - in the amount of
$15,000.
NOVEMBER 15, 1994 PAGE 5
6.5 ADOPTED RESOLUTION NO. 94-52: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING THE APPLICATION FOR GRANT FUNDS FOR
THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION
PROGRAM UNDER THE SECTION 164.56 OF THE
STREETS AND HIGHWAYS CODE 1989 FOR THE
PATHFINDER BRIDGE WIDENING AND THE IMMINENT
STATE 57 FREEWAY HOV LANE.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.4 ADOPTED RESOLUTION NO. 89-4B: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING
RESOLUTION NO. 89-4A ESTABLISHING THE DAY AND TIME
OF CITY COUNCIL MEETINGS - C/Ansari reported that
the reason meeting times were changed to 6:00 p.m.
was because the Council was not getting through the
Agenda. She suggested starting the meetings at
6:30 p.m. to help the Chamber with their viewers.
C/Papen stated that she would not be opposed to a
7:00 p.m. start time if Public Comments were after
Old Business in order to accomplish the majority of
the Agenda.
MPT/Harmony advised that people are coming in at
7:00 p.m. and the Council should consider the time
that people get home.
M/Werner moved to begin meetings at 6:30 p.m. with
the first order of business as Consent Calendar
after Roll Call. Motion failed for lack of a
second.
It was moved by C/Papen, seconded by C/Ansari to
adopt Resolution No. 89-4B entitled: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AMENDING RESOLUTION NO. 89-4A ESTABLISHING THE DAY
AND TIME OF CITY COUNCIL MEETINGS, leaving the
Agenda order as is and beginning Council meetings
at 6:30 p.m. With the following Roll Call vote,
motion carried:
AYES: COUNCILMEMBERS - Miller, Ansari, Papen,
MPT/Harmony, M/Werner
_ NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - None
6.6 COMMUNITY NEWSLETTER AND RECREATION GUIDE -
M/Werner asked staff to hold over this item and
investigate the options for using the Windmill
NOVEMBER 15, 1994 PAGE 6
newsletter.
C/Papen expressed concern that after publishing one
of the three issues for this year, staff is
projecting to be $7,000 over budget for the three
issues.
MPT/Harmony supported researching production of the
newsletters by the Windmill and combining efforts.
With Council consensus, the matter was continued to
December 6, 1994.
6.7 RATIFIED CONTRACT WITH COTTON BELAND FOR ADDITIONAL
GENERAL PLAN SERVICES - MPT/Harmony reported that
this contract with Cotton/Beland Associates was
previously signed and never brought before Council
for authorization. He moved to approve, but not
ratify, effective July 1, 1994, the Cotton/Beland
Associates contract for General Plan services and
authorize additional expenditures not to exceed
$35,000. Motion died for lack of a second.
CM/Belanger explained that it was Council's
recommendation to employ Cotton/Beland to complete
the work for the General Plan and that the contract
is now before Council for formal approval for
ratification of the contract.
C/Papen moved, C/Miller seconded to ratify the
existing agreement with Cotton/Beland Associates
and authorize an additional expenditure not to
exceed $35,000. With the following Roll Call vote,
motion carried:
AYES: COUNCIL MEMBERS - Miller, Ansari, Papen,
M/Werner
NOES: COUNCIL MEMBERS - MPT/Harmony
ABSENT: COUNCIL MEMBERS - None
7. PUBLIC HEARINGS: NONE
RECESS: M/Werner recessed the meeting at 8:24 p.m.
RECONVENE: M/Werner reconvened the meeting at 8:49 p.m.
8. OLD BUSINESS:
8.2 (a) RESOLUTION NO. 94-53: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA CERTIFYING ENVIRONMENTAL IMPACT
NOVEMBER 15, 1994 PAGE 7
REPORT NO. 92-2 AND APPROVING VESTING
TENTATIVE TRACT MAP NO. 51169, FOR A PROJECT
LOCATED IN NORTHERN TONNER CANYON, WITHIN SEA
NO. 15, SOUTHERLY AND EASTERLY OF BLAZE TRAIL
DRIVE, IN DIAMOND BAR, CALIFORNIA AND MAKING
FINDING IN SUPPORT THEREOF; AND AS AMENDED.
(b) RESOLUTION NO. 94-54: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA CERTIFYING ENVIRONMENTAL IMPACT
REPORT NO. 92-2 AND APPROVING HILLSIDE
MANAGEMENT AND SIGNIFICANT ECOLOGICAL AREA
CONDITIONAL USE PERMIT NO. 92-3 AND OAK TREE
PERMIT NO. 92-3, FOR A PROJECT LOCATED WITHIN
SEA NO. 15, SOUTHERLY AND EASTERLY OF BLAZE
TRAIL DRIVE IN DIAMOND BAR, CALIFORNIA, AND
MAKING FINDINGS IN SUPPORT THEREOF;
(c) ORDINANCE NO. 3 (1994): AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF DIAMOND BAR BY RECLASSIFYING CERTAIN REAL
PROPERTY, HEREIN DESCRIBED, FROM THE A-2-2
(HEAVY AGRICULTURE) ZONE TO THE R-1-40,000
(SINGLE FAMILY RESIDENCE) ZONE. (ZONE CHANGE
NO. 92-2) - Lex Williman, Hunsaker & Assoc.,
stated that his firm did not feel it was
appropriate to include Condition 30, on Page 4
of Exhibit B, page 4 requiring the project to
be annexed to "The Country." He explained
that they are currently in the process of
negotiating an agreement with "The Country"
for annexation and that the Council should
delete this item; if not, then delete the last
sentence.
C/Papen stated that it would be in the
applicant's favor to not require approval of
the tentative map conditioned on the
annexation but it should be a condition of the
application. She asked if the condition of
the application were turned down, would the
project still for forward.
Mr. Williman advised that the project would
then go forward and that there are current
negotiations and a draft agreement with all of
the back country lots to become annexed.
ICA/Montgomery advised that there are new
statutory procedures for mediation of land use
NOVEMBER 15, 1994 PAGE 8
.disputes. He recommended leaving the language
in the agreement because there is an
alternative process under the law for
resolution of the.dispute.
In response to M/Werner, C/Miller stated that
they could do everything that is requested by
"The Country's" board but it could fail by 2/3
vote. He reiterated that the applicant will
do everything within their power to annex into
the Association based upon agreeable terms and
conditions. He felt that the Council should
not tie the applicant's hands so tight that
the project can not go forward because of the
annexation.
C/Papen read a letter from "The Country's"
association requiring certain amenities if
there is no annexation. She suggested that
Council put a condition in the agreement
indicating if "The Country" does not want the
annexation, the developer would eliminate one
or two lots and build a community swimming
pool, tennis courts and club house.
Mr. Williman advised that they would oppose
that wording because each home is big enough
for a swimming pool, tennis courts, etc.
Don Schad, 1824 Shaded Wood Rd., commented on
the great job that the contractor has done in
relocating oak trees and expressed support for
the project.
ICA/Montgomery stated that if the developer
makes an application with "The Country" and it
is approved and if the charge is $12,000 or
less, then the applicant is expected to annex
to "The Country."
Wilbur Smith, 21630 Fairwind Ln., expressed
concern in building in SEA 15.
In response to M/Werner C/Miller stated that
the language should read "a reasonable effort"
be made by the applicant to annex into "The --
Country." A reasonable effort would be that
the developer has not gone along with the
Country's stated conditions.
C/Papen moved, M/Werner seconded to remove the
NOVEMBER 15, 1994 PAGE 9
dollar amount from the agreement.
Mr. Williman asked that the dollar amount be
kept in if the language is going to be changed
in the first part of the phrase.
C/Papen withdrew her motion and M/Werner
withdrew his second.
ICA/Montgomery advised that the fee would be
the same as last charged by the association to
a developer and recommended additional
language "not to exceed the fee last charged
by the association for annexation to Frank
Piermarini".
C/Miller moved, M/Werner seconded to approve
Condition #30 as follows:
CDD/DeStefano stated that the project
incorporates development within the
significant ecological area. He advised that
SEATAC approved the project of 14 acres of
building and 6 acres of virgin state.
C/Miller moved, M/Werner seconded to approve
Condition #30 amending Resolution No. 94-53
with the language "that owner shall make a
bonafied application to Diamond Bar Country
Estates Association to annex his subdivision
to that association. The owner shall be
required to annex if all fees assessed by the
Diamond Bar Country Estates Association do not
exceed the charge per residential lot assessed
for the last previous annexation with Vesting
Tentative Tract Map 47722, and if the
Association vote to admit." Motion carried
unanimously.
C/Miller moved, MPT/Harmony seconded to adopt
Resolution No. 94-53 entitled: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA CERTIFYING ENVIRONMENTAL
IMPACT REPORT NO. 92-2 AND APPROVING VESTING
TENTATIVE TRACT MAP NO. 51169, FOR A PROJECT
LOCATED IN NORTHERN TONNER CANYON, WITHIN SEA
NO. 15, SOUTHERLY AND EASTERLY OF BLAZE TRAIL
DRIVE, IN DIAMOND BAR, CALIFORNIA AND MAKING
FINDINGS IN SUPPORT THEREOF; as amended. With
the following Roll Call vote, motion carried:
NOVEMBER 15, 1994 PAGE 10
AYES: COUNCIL MEMBERS - Miller, Ansari,
Papen, MPT/
Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
C/Miller moved, MPT/Harmony seconded to adopt
Resolution No. 94-54 entitled: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA CERTIFYING ENVIRONMENTAL
IMPACT REPORT NO. 92-2 AND APPROVING HILLSIDE
MANAGEMENT _AND SIGNIFICANT ECOLOGICAL AREA
CONDITIONAL USE PERMIT NO. 92-3 AND OAK TREE
PERMIT NO. 92-3, FOR A PROJECT LOCATED WITHIN
SEA NO. 15, SOUTHERLY AND EASTERLY OF BLAZE
TRAIL DRIVE IN DIAMOND BAR, CALIFORNIA, AND
MAKING FINDINGS IN SUPPORT THEREOF. With the
following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Ansari,
Papen,
MPT/Harmony,
M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
C/Miller moved, C/Papen seconded to waive
first reading of Ordinance No. 03 (1994).
With the following Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Miller, Ansari,
Papen,
MPT/Harmony,
M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
C/Miller moved, MPT/Harmony seconded to waive
further reading and approve first reading of
Ordinance No. 03(1994) entitled: AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF DIAMOND BAR BY RECLASSIFYING CERTAIN REAL
PROPERTY, HEREIN DESCRIBED, FROM THE A-2-2
(HEAVY AGRICULTURE) ZONE TO THE R-1-40,000
(SINGLE FAMILY RESIDENCE) ZONE. (ZONE CHANGE
NO. 92-2). With the following Roll Call vote,
motion carried:
AYES: COUNCIL MEMBERS - Miller, Ansari,
NOVEMBER 15, 1994 PAGE 11
Papen,MPT/
Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8.1 FINANCE COMMITTEE REPORT AND RECOMMENDED MATTERS
Continued from November 1, 1994.
( a ORDINANCE NO. XX (1994 ) - AN ORDINANCE OF THE
CITY OF DIAMOND BAR ESTABLISHING A PURCHASING
SYSTEM AND REPEALING ORDINANCES 20 (1989) AND
20A(1989) - Continued to December 6, 1994.
(b) REQUEST FOR PROPOSALS - ANNUAL INDEPENDENT
FINANCIAL AUDIT SERVICE AND QUARTERLY
COMPLIANCE AUDITS, FOR FISCAL YEARS 1994-95,
1995-96 AND 1996-97 - Continued to December 6,
1994.
NEW BUSINESS:
9.1 DISCUSSION OF MEMBERSHIP IN THE WILDLIFE CORRIDOR
CONSERVATION AUTHORITY - Continued to December 6,
1994.
9.2 AMERICANS WITH DISABILITIES ACT (A.D.A.) RETRO -FIT
OF MAPLE HILL PARK - C/Papen moved, MPT/Harmony
seconded to approve the conceptual plan for A.D.A.
retro -fit of Maple Hill Park and direct staff to
have construction drawings and project
specifications completed by the contract landscape
architect, R.J.M. Design Group, Inc. in an amount
not to exceed $10,000. With the following Roll
Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Ansari, Papen,
MPT/Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
10. ANNOUNCEMENTS: ICA/Montgomery requested the
Council to consider two additional litigation matters
during Closed Session:
(3) Pending Litigation re: David L. Eskridge v City
(4) Pending Litigation re: Oak Tree Lanes v. City
It was moved by MPT/Harmony, seconded by C/Papen to
approve the addition of these two matters to the Closed
Session agenda. Motion carried unanimously.
NOVEMBER 15, 1994 PAGE 12
11. CLOSED SESSION: Meeting was adjourned to Closed
Session at 10:30 p.m. for consideration of the following
matters:
(1) Personnel Session Re: Consideration of
appointment of City Attorney - G.C. Section 54957.6
(2) Pending Litigation Re: Committee to Recall v.
Burgess - G.C. Section 54956.9
(3) Pending Litigation re: David L. Eskridge v. City -
G.C. Section -54956.9
(4) Pending Litigation.Re: Oak Tree Lanes v. City -
G.C. Section 54956.9
12. RECONVENE: Closed Session adjourned at
12:40 a.m. It was announced that the following action
was taken by the Council during Closed Session: Oak Tree
Lanes v. City - Authorizatiorl was given to provide
indemnity to Dennis A. Tarango, D&J Engineering.
No other reportable action was taken.
I
13. ADJOURNMENT:' There being no further business —
to conduct, the meeting was adjourned at 12:40 a.m. to
7:00 p.m. on November 22, 1994 for discussi_-n of the
General Plan.-
LYNDA BURGESS, City Clerk