HomeMy WebLinkAbout06/20/1995 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JUNE 20, 1995
CALL TO ORDER: M/Papen called the meeting to order at
6:42 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 M/Papen.
ROLL CALL: Council Members Ansari, Harmony,
Mayor Pro Tem Werner and Mayor Papen.
Also present were Terrence L. Belanger, City Manager; Frank Usher,
Assistant City Manager; Michael Jenkins, City Attorney; George Wentz,
City Engineer; Bob Rose, Community Services Director; James
DeStefano, Community Development Director and Lynda Burgess, City
Clerk.
2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS,
ETC.:
2.1 M/Papen presented a Certificate of Recognition to Helen Selfridge,
T� Diamond Bar Jr. Women's Club, on the Club's 20th Anniversary
and its efforts to sponsor the Annual Spelling Bee.
2.2 M/Papen presented a Commendation Plaque to Assemblyman
Gary Miller for his service to the community as a Council Member.
3. PUBLIC COMMENTS: Red Calkins, 240 Eagle Nest Dr., expressed
concern regarding the Pomona Unified School District's restricting of
Diamond Bar students from expanding their education with other schools
out of the Pomona School District. He asked the citizens of Diamond Bar
to stand up to Pomona Unified School District.
Don Schad, 1824 Shaded Wood Rd., thanked C/Harmony and Wilbur
Smith for their comments at the last Wildlife Corridor Meeting. He
explained that the Corridor will preserve natural migratory habitats for all
forms of wildlife.
Nick Anis asked Council to adopt a General Plan and place the other
General Plan on the ballot for the public to vote on.
Wilbur Smith, 21630 Fairwind Ln., asked if the signal synchronization on
--� D.B. Blvd. would help traffic on Grand Ave. He reminded the Council of
the rules for Public Comments and requested that the rules be applied to
each and every citizen.
Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., asked for a report
on the landslide at Morning Sun Ave. She expressed concern regarding
the Patel project moving forward without Council approval.
JUNE 20, 1995 PAGE 2
Frank Dursa spoke in favor of placing the General Plan on the ballot.
4. COUNCIL COMMENTS: C/Ansari advised that she met
with two parents of Ganesha students' and that there is a concern that
Ganesha students are treated differently by the community. Local
businesses need to treat Ganesha High students the same as Diamond
Bar High students.
Responding to Nick Anis' comments regarding the General Plan,
C/Harmony stated that the Council's General Plan is so generous that it
would upgrade significant areas that are now considered open space. He
stated that both General Plans should be placed on the ballot, side by
side, in order to compare. Further, in regard to receiving funds for his
campaign, he advised that he received a $3,500 legal contribution from
JCC Development along with other candidates. He then displayed
pictures of the landslide on Morning Sun Ave.
C/Harmony asked M/Papen for a report on her recent China trip. He
reported that summer recreation program sign-ups were held June 17 at
Sycamore Canyon Park and that in three hours, $13,000 was collected
with 140 participants.
MPT/Werner introduced his mother and congratulated the graduating
class of 1995. He announced that Concerts in the Park will begin on June
28.
M/Papen announced that she had visited Maple Hill and Neil Armstrong
Elementary Schools and had met with the "Mayor and City Council" of
both schools as well as the student body of Neil Armstrong Elementary
school
Responding to C/Harmony, M/Papen advised that there had never been a
Council Member who ever had legal action brought against him/her from
extortion and/or bribery. She also commented on the General Plan and
designated open space addressed in the General Plan. By law, the
General Plan can be amended up to four times a year through the public
hearing process; however, in the version being petitioned, the General
Plan can only be amended by a vote of the people. She indicated that she
was willing to place both versions of the General Plan on the ballot with
one condition, that a copy of both versions be mailed to every registered
voter in the City for their review.
Responding to Mrs. Beach-Courchesne's request for a copy of the report
on the landslide at Morning Sun Ave., CM/Belanger advised that the
Council will discuss Mr. Patel's bond issue during Closed Session. He
also advised that on May 19, 1995 the landslide at Morning Sun Ave.
manifested itself and thereafter, the City and County declared the effected
area a disaster and instructed the property owners to begin activities to
JUNE 20, 1995 PAGE 3
remediate the effects of the land slide. The property owners, primarily the
Walnut Unified School District, have remediated the land slide area. The
School District and Sasak Properties worked diligently together to engage
in abatement activities to stabilize and remediate the landslide. No
grading plans had been submitted for grading of that property and no
grading for project purposes can occur on that property without submitting
plans.
ACE/Myers concurred with CM/Belangees comments regarding the
grading on the property for development purposes. He also advised that
two weeks ago, homeowners were able to move back into their homes
with limited improvements.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PARKS & RECREATION COMMISSION - June 22, 1995 - 7:00
p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.2 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - June 24, 1995 -
9:00 a.m. - 3:00 p.m., L.A. County Fairgrounds, 1101 W. McKinley
Avenue, Pomona (enter roundup from Gate 15 off Arrow Hwy.)
--� 5.3 PLANNING COMMISSION - June 26, 1995 - 7:00 p.m., AQMD
i Auditorium, 21865 E. Copley Dr.
5.4 4TH OF JULY HOLIDAY - July 4, 1995 - City Offices will be closed
in observance. Will reopen Wednesday, July 5, 1995.
5.5 CITY COUNCIL MEETING - July 11, 1995 - 6:30 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.6 CONCERT IN THE PARK - June 28, 1995 - 6:30 p.m., Sycamore
Canyon Park.
6. CONSENT CALENDAR: C/Ansari moved, MPT/Werner
seconded to approve the Consent Calendar, with the exception of Items
6.4, 6.7, 6.8, 6.9, and 6.11. With the following Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/Werner,
M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED MINUTES: Regular Meeting of May 16, 1995 -
Approved as submitted.
—! 6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES:
6.2.1 Regular Meeting/Neighborhood Traffic Mgmt. Workshop #1 of
April 13, 1995 - Received & filed.
6.2.2 Regular Meeting of May 11, 1995 - Received & filed.
JUNE 20, 1995 PAGE 4
6.3 PLANNING COMMISSION MINUTES:
6.3.1 Regular Meeting of May 8, 1995 - Received & filed.
6.3.2 Regular Meeting of May 22, 1995 - Received & filed.
6.5 CLAIM FOR DAMAGES:
6.5.1 Filed by Hildegarde C. Shaw on May 2, 1995 - Rejected
request and referred matter for further action to Carl Warren &
Co., the City's Risk Manager.
6.5.2 Filed by Alarcon Sons, Inc. on May 31, 1995 - Rejected
request and referred matter for further action to Carl Warren &
Co., the City's Risk Manager.
6.6 (A) Adopted RESOLUTION NO. 95-30: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER
7, 1995, FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE
OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
(B) Adopted RESOLUTION NO. 95-31: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, j
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY
OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 7, 1995, WITH THE
SCHOOL ELECTION TO BE HELD ON THE DATE PURSUANT TO
SECTION 10403 OF THE ELECTIONS CODE.
(C) Adopted RESOLUTION NO. 95-32: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 7, 1995.
6.10 Approved Agreement with HDL, COREN & CONE for Auditing of
Documentary Transfer Tax Payments.
6.12 Awarded Project Management Services to RJM Design Group for
Maple Hill Park Retrofit Project in an amount not to exceed 9,500.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.4 VOUCHER REGISTER: C/Ansari requested that the invoice
I
for April's legal services submitted by Richards, Watson & Gershon be
withdrawn and held over for discussion with the attorney.
JUNE 20, 1995 PAGE 5
M/Papen stated that the City Attomey submitted an itemized bill
explaining each and every hour billed for every project reviewed. The
bill was reviewed and payment recommended by the Finance
Committee.
MPT/Wemer advised that, during the Finance Committee's meeting,
a memo went to the City Manager stating that legal services would
remain within their budgeted amount.
In response to MPT/Werner, CM/Belanger advised that the bill for
legal services will come down as the Attorney becomes more familiar
with projects within the City.
C/Ansari stated that she had requested a copy of the attorney's bill;
however, she had not received it until tonight and would not approve
payment until she received answers to her questions.
C/Harmony stated that he also had requested a copy of the attorney's
bill two weeks prior and had not received a copy yet. The normal
monthly billing for attomey services is in the range of $5,500; however
the new attorney's bill is at $10,000.
M/Papen recommended payment of the attorney bill less the
telephone charges.
C/Ansari advised that she asked to attend the Finance Committee
meeting and was advised that it was a Brown Act violation for her
attendance at that meeting.
M/Papen moved, MPT/Werner seconded to approve the Warrant
Register in the amount of $401,375.55. With the following Roll Call
vote, motion carried:
C/Harmony stated that he would like the record to show that he voted
for the Warrant Register but withheld his vote on the total amount for
the City Attorney's warrant.
AYES: COUNCIL MEMBERS - Ansari, Harmony,
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.7 GENERAL SERVICES AGREEMENT - CM/Belanger reported that the
current agreement was with the County services such as elections,
business licenses, health department services and city prosecution.
Wilbur Smith, 21630 Fairwind Ln., suggested that the City use the
County's geotechnical experts instead of hiring an outside service.
JUNE 20, 1995 PAGE 6
M/Papen advised that the County's overhead is very high and it has
been the Council's decision to hire outside services for certain projects
in order to keep costs down. She also advised that the Council does
use the County for other projects.
ACE/Myers advised that the City reviews and verifies private
developments prepared by private engineers.
C/Ansari moved, MPT/Wemer seconded to approve the General
Services Agreement between the County and the City beginning July
1, 1995 through June 30, 2000. With the following Roll Call vote,
motion carried.
AYES: COUNCIL MEMBERS - Ansari, Harmony,
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.8 ADOPTED RESOLUTION NO. 95-33: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE --
CITY OF DIAMOND BAR AND THE COUNTY OF LOS ANGELES,
AND REQUESTING SAID SERVICES PURSUANT TO THIS
AGREEMENT - CM/Belanger reported that the agreement is for a
normal contract period and that the term was proposed by the County.
C/Harmony moved, C/Ansari seconded to adopt Resolution No. 95-33
approving the City/County Law Enforcement Services Agreement from
July 1, 1995 through June 30, 1999. With the following Roll Call vote,
motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony,
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.9 EXTENSION OF BUS SHELTER CONTRACT - In response to
C/Ansari, CM/Belanger advised the shelters are cleaned twice a week
and steam cleaned once per month. Staff will report to the company
concerns expressed regarding the condition of the plexiglass shelters
as well as trash containers.
MPT/Werner moved, C/Ansari seconded to approve extension of the
Bus Shelter contract with Metro Display Advertising, Inc. for five years
effective July 1, 1995. With the following Roll Call vote, motion
carried:
JUNE 20, 1995 PAGE 7
AYES: COUNCIL MEMBERS - Ansari, Harmony,
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.11 CONSTRUCTION ADMINISTRATION/INSPECTION SERVICES FOR
GRAND AVENUE RECONSTRUCTION - C/Harmony asked what
happened to the original proposal by Harris & Assoc. for $41,000.
ACM/Usher advised that Harris & Assoc. withdrew their proposal;
therefore, staff recommended Dewan, Lundin & Assoc. for
construction administration and inspection in the amount of $31,000.
C/Harmony moved, MPT/Werner seconded to enter into a
Professional Services Agreement with Dewan, Lundin & Assoc. for
construction administration and inspection services for Grand Ave.
reconstruction in an amount not to exceed $28,600 with a contingency
amount of $2,500 for contract amendment(s) to be approved by the
City Manager, for a total authorization amount of $31,100. With the
following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony,
' MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7. CONTINUED PUBLIC HEARINGS:
7.1 RESOLUTION NO. 95 -XX A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A
BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL
YEAR COMMENCING JULY 1, 1995 AND ENDING JUNE 30, 1996
INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS
AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS
FOR CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS
FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND
PURPOSES THEREIN SET FORTH - CM/Belanger reported that the
proposed General Fund for Fiscal Year 1995-96 consists of:
estimated available resources - $9,958,150; estimated expenditures -
$9,307,170. In regard to the Sheriffs contract, the request for $5,000
for 5 deputies to attend CSDI Training was increased to $8,500.
Other recommendations included: $2,500 for support of the
Community Volunteer Patrol; $5,000 for law enforcement services for
the Ranch Festival, Ranch Festival Parade and 5-1 OK run; deletion of
$1,200 from the Community Volunteer Patrol budget in relating to a
community services store front; $212,000 to be considered for at mid-
year for a special assignment full time car with 2 deputies at 40 hours
per week; lease of larger City Hall space and the 2 locations to be
JUNE 20, 1995 PAGE 8
considered; increase in employee's salaries and benefit packages by
3.5°x6 and consider increase of the monthly benefit allocation by $50
per month.
M/Papen opened the Public Hearing.
Barbara Beach-Courchesne, 2021 Peaceful Hills Rd. expressed
concern regarding revenue and expenditures. She asked the Council
to continue to be conservative and posed several questions regarding
the bus shelters.
With no further testimony offered, M/Papen closed the Public Hearing.
In response to Mrs. Beach-Courchesne, MPT/Werner advised that the
bus shelters are owned by a contractor who provides advertising and
cleaning. In return, the City receives $24,000 per year for leasing the
space. In regard to the Sheriffs proposal for special service officers,
he asked if the cost would be shared between the Cities of Walnut
and Diamond Bar. He also stated that he is in favor of this program.
CM/Belanger advised that he had just received a memorandum "—
indicating deployment of a 40 -hour, 2 -person car would cost of
$106,400 per officer per year; however, there is no mention of cost
sharing in the memorandum.
M/Papen asked if CSTI training was to train 2 deputies for the City
and not any other purpose.
CM/Belanger understood that the only purpose for the $8,500 would
be to send a deputy to this type of training.
M/Papen moved, MPT/Werner seconded to amend the budget for the
Sheriff contract to include $53,205.50 for six months, increase CSTI
training to $8,500, add $2,500 for volunteer services support, $5,000
for police services for the Ranch Festival and delete $1,200 for the
community services store front. With consensus of Council, motion
was approved.
MPT/Werner asked if the name of the Senior Patrol would be changed
to Community Patrol.
M/Papen advised that with the consensus of Council, the word
"Senior" should be deleted from the program.
Office Lease Space - CM/Belanger described the office lease space
requirement as 6,000 sq. ft., with 7 enclosed offices, conference room,
and set up for an open office environment. There were no estimated
actual costs; however, an allocation of $75,000 or a plan can come
JUNE 20, 1995 PAGE 9
back to Council for an allocation.
In response to C/Ansari and M/Papen, CM/Belanger explained that
the City's position was indicated to the AQMD that 12,000 sq. ft. was
unnecessary and requested that they reduce the square footage and
the rate. He illustrated their current proposal at 9,100 sq. ft. to include
fees for common area, utilities, maintenance. He recommended
relocating the current administrative office suite into a larger suite in
the same building and entering into an agreement with Diamond Bar
Business Associates.
C/Hamhony expressed concern over the $170,000 allocated for leased
office space and suggested that the City retain the same square
footage, accept an interim small temporary agreement and come back
with alternatives that make money, conserve money and are in the
best interests of the City.
In response to M/Papen, CM/Belanger advised that when the City first
incorporated, it engaged contract services for engineering, public
works, building & safety services, and planning services. The
engineering services company rented part of the leased space and
the other two private companies shared in the cost of their rental
space. The contractors moved out for lack of services needed and left
the City responsible for the entire leased space amount.
RECESS: M/Papen recessed the meeting at 8:46 p.m.
RECONVENED: M/Papen reconvened the meeting at 9:02 p.m.
CM/Belanger reported that staff had looked at three buildings for
potential purchase of office space. Two of the buildings were recently
sold. The third building available was the Alta Ski & Sport Building for
$1,000,000 with the a large amount of improvements needed;
however, staff was not prepared to take that property off the tax rolls.
He recommended consideration of expanding the current leased office
space.
In response to M/Papen, CM/Belanger stated that the City employs 24
full-time staff members, 15 part-time staff members, an allocation of
an additional 17 staff members, contract staff compliment of additional
5 individuals relating to building services and engineering services,
i and with the continued growth of the organization, there is need for
additional space. In addition, contract recreation staff members are
housed in the temporary building at Sycamore Canyon Park and the
proposal would be to relocate them to City Hall. The recommendation
by staff would only include 1,700 additional square feet.
MPTNVerner stated that the general public has complained that City
JUNE 20, 1995 PAGE 10
Hall has no space for the public and agreed with the staffs
recommendation and C/Harmony's comments.
MPT/Werner moved, M/Papen seconded to approve a 4 -year lease
for Suites 150 and 190 recommended by staff and directed staff to
look at options for purchase over the next two years. With the
following Roll Call vote, motion failed:
AYES: COUNCIL MEMBERS - MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - Ansari, Harmony
ABSENT: COUNCIL MEMBERS - None
M/Papen moved, MPT/Wemer seconded to amend the budget for an
increase of $15,600 in order to increase the lease space amount.
M/Papen advised that this motion covers the funding of the annual
space rental. She stated that the space rental discussion will be set
for another night.
C/Harmony asked if this amount is an additional amount according to
the memo that would only keep the City at a current level and not for
expanded space at the current location.
CM/Belanger advised that if this amount of money is added to the
existing amount proposed in the budget, it would fund an annual lease
for either option and would fund an expanded lease space as opposed
to the existing lease space.
With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, MPT/Werner,
M/Papen
NOES: COUNCIL MEMBERS - Harmony
ABSENT: COUNCIL MEMBERS - None
3.5% Salary Increase and Increase the Benefit Package by $50
per Employee - M/Papen explained that the City currently pays $470
per month for non -management employees and $500 per month for
management employees. Each staff member has an option of several
health care plans to choose from and the recommendation is to
increase that by $50 per month per employee.
C/Harmony expressed concern over giving staff a 3.7% raise since
they received a 12% increase in their wages last year.
M/Papen advised that the 12% wage increase reflects a four or five
year time period, not a one year pay raise increase.
JUNE 20, 1995
RECESS:
PAGE 11
C/Ansari moved, MPT/Wemer seconded to approve the 3.5% salary
increase and $50 benefit package increase. With the following Roll
Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, MPT/Werner,
M/Papen
NOES: COUNCIL MEMBERS - Harmony
ABSENT: COUNCIL MEMBERS - None
Community Center - M/Papen advised that as she reviewed the
budget, there is $300,000 non -committed in Quimby Funds and
Proposition A and C monies are in excess. She proposed that staff
set aside money for development of community facilities and
suggested that a strategy be set for each year to include the sale of
$300,000 excess Prop A monies to be set aside for the community
center fund.
MPT/Werner stated that he supported M/Papen's comments and
requested establishment of an emergency relief fund, a City Hall
acquisition fund and Community Center fund.
In regard to Prop A funds, M/Papen reported that there is an excess
of $1,000,000 beyond the monies the City needs to fund its entire
transit subsidies for dial -a -cab, fare subsidies on the metrolink and
bus passes. She also advised that Prop A monies are only good for
three years.
MPT/Werner asked for an explanation of what Prop A monies can be
used for.
C/Harmony expressed that he is against the selling off of Prop A
monies in that it is the taxpayers money and it should be used for
what it was designated for.
RECONVENED:
M/Papen recessed the meeting at 9:34 p.m.
M/Papen reconvened the meeting at 9:44 p.m.
With consensus of Council, Item 8.1 Resolution No. 95 -XX: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ADOPTING THE 1995 GENERAL PLAN FOR THE CITY OF
DIAMOND BAR was continued to July 11, 1995.
In regard to the community center discussion, C/Harmony suggested
$100,000 be designated from General Fund reserves toward a new
Senior Citizen Center.
With consensus of Council, community center and senior citizen
JUNE 20, 1995 PAGE 12
community center funding will be discussed further at a later date.
C/Ansari advised that she met with staff at Ganesha High School and
discussed the City's allocation of $5,000 to the school's new marquee.
M/Papen clarified that the $50 fee for an animal trap is a deposit
which is refunded upon return of the trap.
C/Harmony stated that rather than holding a public hearing and raising
taxes, the increased dollar amount for the supplemental payment to
the Humane Society of $5,000 should be taken out of the General
Fund account.
Mr. Harford, Pomona Valley Humane Society, advised that the public
hearing was only an option for the City because of the yearly annual
increase. If the City cannot afford the increase, the other option would
be to increase dog license fees. The reason for the annual increase
is because of an increase of homeless dogs and the care required.
C/Harmony moved, M/Papen seconded to increase the budget by
$4,981 for animal control through General Funds. 7-1
MPT/Werner objected to the money coming from the General Fund as
opposed to a service increase. He advised that he would rather see
a service rate increase of $1.00 for dog licenses.
C/Harmony asked MPT/Werner if a public hearing would be held. He
stated that any increase of taxpayer's monies should result in a public
hearing.
M/Papen explained that there are two choices; one being that the
Council supplements, out of the General Fund, a share of the services
for the Pomona Valley Humane Society not covered by fees,
licensing, dog tags, etc., and the cost for that subsidy this year is
$59,150. If Council is not willing to increase the subsidy by $5,000,
then it is recommended that a public hearing be held to discuss
raising licensing fees for dogs and the fees for food and care for
animals at the shelter and then retrieved by their owners.
In response to C/Ansari, Mr. Harford advised that last year's fees
increased slightly; however, there were no increases the two prior
years.
With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, M/Papen
NOES: COUNCIL MEMBERS - MPT/Werner
ABSENT: COUNCIL MEMBERS - None
JUNE 20, 1995 PAGE 13
Lobbyist - C/Harmony moved, MPT/Werner seconded to increase the
budget by $25,000 for the services of a professional lobbyist. With
consensus of the Council, motion carried.
M/Papen advised that the budget already has a $25,100 amount
allocated for a professional lobbyist.
Economic Development/Business Retention - MPT/Werner moved,
C/Ansari seconded to amend the Budget to include $100,000 for
economic development. With consensus of Council, motion carried.
M/Papen explained that this dollar amount is only to establish a line
item in the budget with a reserve and any project would have to be
approved by the Council.
MPT/Werner moved, C/Ansari seconded to adopt RESOLUTION NO.
95-34: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR
THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR
COMMENCING JULY 1, 1995 AND ENDING JUNE 30, 1996
INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS
AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS
FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND
PURPOSES THEREIN SET FORTH. With the following Roll Call
vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony,
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
MPT/Werner asked for consensus of Council to direct staff to respond
to issues that have been raised regarding the long-term appropriation
of funds for long-term projects.
In addition to M/Werner's directions, M/Papen also directed staff to
respond to the City Hall location and the purchase of a building.
C/Ansari moved, MPT/Wemer seconded to APPROVE USE OF THE
CITY'S POPULATION PERCENTAGE CHANGE AND USE OF THE
CALIFORNIA'S PER CAPITA INCOME PERCENTAGE CHANGE
FOR CALCULATING THE FY 1995-96 APPROPRIATIONS LIMIT;
AND ADOPT RESOLUTION NO. 95-35: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, SETTING THE
APPROPRIATIONS LIMIT FOR FISCAL YEAR 1995-96 FOR THE
CITY OF DIAMOND BAR IN ACCORDANCE WITH THE
JUNE 20, 1995 PAGE 14
PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT
CODE. With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony,
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7.2 (A) RESOLUTION NO. 95-36: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
TENTATIVE PARCEL MAP NO. 23382 AND MITIGATED
NEGATIVE DECLARATION NO. 95-2 FOR A REQUEST TO
DIVIDE ONE PARCEL INTO FOUR RESIDENTIAL LOTS
LOCATED AT THE EXTREME NORTHWESTERN EDGE OF
TONNER CANYON/CHINO HILLS SIGNIFICANT
ECOLOGICAL AREA (SEA) NO. 15, AT 3000 BLOCK
(NORTH SIDE) OF STEEPLECHASE LANE.
(B) RESOLUTION NO. 95-37: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
HILLSIDE MANAGEMENT AND SIGNIFICANT ECOLOGICAL
AREA CONDITIONAL USE PERMIT NO. 92-1, OAK TREE
PERMIT NO. 95-2, AND MITIGATED NEGATIVE
DECLARATION NO. 95-2 FOR TENTATIVE PARCEL MAP
NO. 23382 WHICH IS A REQUEST TO DIVIDE ONE PARCEL
INTO FOUR RESIDENTIAL LOTS LOCATED AT THE
EXTREME NORTHWESTERN EDGE OF TONNER
CANYON/CHINO HILLS SIGNIFICANT ECOLOGICAL AREA
(SEA) NO. 15, AT 3000 BLOCK (NORTH SIDE) OF
STEEPLECHASE LANE.
CM/Belanger reported that issues (A) and (B) are related to a
development project located in the 3000 block of Steeplechase
with the subject property located northwest of Hawkwood to the
east of Los Brisas and west of Steeplechase Lane.
CDD/DeStefano identified the specific site on an aerial photo.
He advised that the site is a 2.5 acre parcel located on
Steeplechase Ln. and adjacent to 'The Country Estates",
however it is behind'The Country Estates." He stated that the
Dolezal Family Limited Partnership is proposing that this
acreage be subdivided into four lots and that the lots would
range in size from 24,000 to 39,000 sq. ft. Each of the lots
would be provided with a developable pad with the pad size
ranging from 5,600 to 6,500 sq. ft. for each of the four parcels.
The project is a tentative parcel map and requires a
conditional use permit because it is within a significant
ecological area and is within a hillside area that has slopes
JUNE 20, 1995 PAGE 15
exceeding 10%. The site is zoned R1 8,000 which means that
the minimum lot size is no less than 8,000 sq ft. He reviewed
the surrounding lots and their zoning requirements. 75% of
the existing site was previously graded and the grading in itself
contains approximately 4,600 cubic yards of earth movement.
The applicant proposed four smaller pads in order to pursue
this project. The project is consistent with hillside management
ordinance objectives and standards contained within that
document. A significant portion of the site is an ancient
landslide and the applicant has provided the city with
appropriate geotechnical reports for review. City consultants
reviewed the reports and the issues have been adequately
addressed with concerns responded to appropriately at this
point and time for this parcel map application. The application
also involves an Oak Tree permit. There is a single oak tree
on the site that will remain as a result of the proposed project.
It is the applicant's desire to annex into "The Country Estates"
which is a condition associated of the project. The site is
adjacent to Hawkwood Rd., which is a public street, and
Steeplechase Ln., which is a private street. He advised that
there will be an improved fence and an "Emergency Only" gate
i at Hawkwood and Steeplechase. The design is currently being
worked out with the Engineering Department and in
accordance with the design parameters discussed within
47850. In regard to necessary street improvements, they will
be provided for by the applicant as well as those required on
the private site. The project was processed with a mitigated
negative declaration in order to assess environmental impacts
associated with the project. When the original ecological area
was mapped in 1976 by the County, it technically included this
site because of the ridgeline location. The site was again
reviewed by the City's Significant Ecological Area Committee
who determined that the site should no longer be a part of the
SEA as none of the qualities prescribed within the SEA fit the
site. The Planning Commission reviewed the plan in April and
May, 1995 and unanimously approved the project and
established additional development standards within the
project to increase the amount of setback or yard area between
dwelling units and increase the amount of setback from the
buildable pad.
M/Papen opened the Public Hearing.
Barbara Beach-Courchesne, 2021 Peaceful Hills Rd.,
expressed opposition to the project and stated that it does not
follow the one acre rule for annexing into 'The Country
Estates."
JUNE 20, 1995 PAGE 16
Wilbur Smith, 21630 Fairwind Ln., asked the Engineering
Department for the computer report showing calculations of
safety on the site since the proposal is to build on an ancient
landslide. He recommended that staff complete a better
review of the road to be used by these residents if it is not
annexed to'The Country Estates." He objected to the wording
'Toner Canyon/Chino Hills" since the location is exclusively
in D.B., not Chino Hills.
With no further testimony offered, M/Papen closed the Public
Hearing.
C/Ansari asked if a soils and geological report had been
completed and if the land was graded when it was owned by
Las Brisas. In regard to lot sizes, were they within the
requirements of 'The Country Estates" and is it a sure thing
that this site will be annexed into the estates. She further
expressed concern over where the lots are positioned and the
types of homes that will be built on these pad sites.
C/Harmony asked how many borings were conducted on the —
property, is there presence of bentonite, who reviewed the
applicant's geotechnical studies on behalf of the City, what
remedial procedures are planned for the property, and is the
project a part of the TadCo agreement. He requested that staff
provide a report as to notice procedures for the public hearing.
Further, what were 'The Country's" comments relative to the
project --did they comment on lot sizes.
MPT/Werner asked what happens if this issue has a 2/2 vote.
CA/Jenkins advised that if there is a 2/2 vote, the Planning
Commission's decision would prevail.
Chuck Cater, Hunsaker & Associates, responded to C/Ansari
that the project is consistent with the proposed General Plan
and VTM 47850, but not with 'The Country Estates" on the
one -acre minimum. Tennis court lighting will be directed away
from adjacent properties.
Warren Dolezal, Applicant, reported that there had been
intensive geology studies and reports which were included in .^
the packet for Council's review. During development of the
Las Brisas project, the ancient landslide was mitigated
tremendously with major sheer keys and a buttress just below
the property for adding 45,000 yards of dirt to flatten the
property. In regard to C/Harmony's question, he explained
that the property is impled as a part of the TadCo agreement.
JUNE 20, 1995 PAGE 17
Property owners would have a right of access to 'The Country
Estates" and Hawkwood Rd. Further, he had discussed the
proposed annexation with 'The Country Estates Association"
and there were no objections.
In response to C/Ansari, Mr. Dolezal pointed out the area
where the ancient landslides exist on the map. The landslide
may incorporate a small part of his land, but no buildings will
be constructed in that area.
Paul Mooney, Earth Systems Consultants -Project Geologist,
reported that he was the geologist during the Las Brisas
development. In 1980 and 1981, the lower 27 acres of the 29
acre ancient landslide was graded. During the grading, two
very large sheer keys and one buttress slope were installed
between the two properties of Las Brisas and Dolezal. In
regard to C/Harmony's questions, he advised that there were
two borings placed on the project and there were several other
borings placed down slope when the entire 29 acres were
studied. Bentonite is evident in the landslide plain, but when
the buttress slope is constructed, the landslide plane will be
w pealed out and the bentonite removed. The City hired
Kleinfelder & Associates to review the studies and work
performed by his company.
In response to C/Ansari, ACE/Myers advised that staff had
received and reviewed a more extensive geotechnical report.
Regarding C/Ansari's question about pad sizes,
CDD/DeStefano stated that the suggested conditions of
approval from the Planning Commission incorporates identical
wording to that imposed upon VTM 47850 dealing with the
necessity for specific details to be presented to the City
Engineer for approval when the final subdivision documents
and grading plans are submitted to the City for review and
approval. In regard to the pad issue, he reported that VTM
47850 had minimum lot sizes of 20,000 sq. ft., yet this project
starts at 23,000 - 24,000 lot sizes with 5,600 sq. ft. pads. The
difference between the two projects is in the style and extent
of grading.
_ With respect to C/Ansari's question regarding access and
egress, CDD/DeStefano advised that if the annexation is not
approved by'The Country Estates," the applicant would need
to come back to the Council for relief from the conditions that
prescribed that process. The intent of the parcel map by the
applicant and staff is that the project receive access through
'The Country".
JUNE 20, 1995 PAGE 18
M/Papen understood that through the TadCo agreement, the
project already had ingress and egress through 'The Country".
CDD/DeStefano stated that it was staffs prior knowledge that
this was not a part of the TadCo agreement but was some
separate annexation or remainder parcel to be discussed with
'The Country." Further, if Hawkwood Rd. were to be made a
permanent street, it would have to come back to Council for
approval.
M/Papen stated that the conditions do not allow for Hawkwood
to be used as the main ingress and egress.
CDD/DeStefano explained that the fencing/gate would be
designed using Building materials similar to the other "Country"
gates, but it would be purely an emergency access point only.
C/Harmony stated that he didn't want to place the applicant in
a situation where they have to become a part of 'The Country"
but rather so that they have access rights through 'The
Country." He asked if the TadCo agreement gives the project
any mediation rights.
CDD/DeStefano advised that the project is a subdivision and
the City's requirement is that every property owner within 500
ft. of the site receive notice of the proposed project and Public
Hearings before the Planning Commission and the Council.
Notices were completed 25 calendar days ago which were sent
to 185 property owners. Staff had not received any
communication or correspondence from the management of
'The Country Estates."
C/Harmony asked if staff is requiring any participation from the
developer in the cost of the signal installation at the bottom of
the hill.
CDD/DeStefano advised that they are not currently
participating in the light signal installation.
C/Harmony asked if a prorata share could be figured for the
developer.
ACE/Myers reported that staff estimated the full prorata share
which was to be the obligation by the approved or to be
approved developers.
In response to C/Harmony, ACE/Myers stated that Kleinfelder
& Associates are licensed engineers.
JUNE 20, 1995 PAGE 19
�I
C/Harmony suggested that access rights be included in the
Resolutions.
M/Papen asked the City Attorney if the developer does not
retain access through'The Country," would they be considered
landlocked and if so, wouldn't Council have to provide some
type of access.
CA/Jenkins indicated that the project would be landlocked and
the applicant would not be in compliance with the map. If the
map could not be appropriately amended to provide access,
then it could not be given final approval. The map must come
back to Council for final approval before it is recorded. Further,
if it is landlocked, Council is not required to provide access until
the map is recorded and the lots are subdivided.
MPT/Werner moved, C/Harmony seconded to adopt
RESOLUTION NO. 95-36: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
TENTATIVE PARCEL MAP NO. 23382 AND MITIGATED
NEGATIVE DECLARATION NO. 95-2 FOR A REQUEST TO
i DIVIDE ONE PARCEL INTO FOUR RESIDENTIAL LOTS
LOCATED AT THE EXTREME NORTHWESTERN EDGE OF
TONNER CANYON/CHINO HILLS SIGNIFICANT
ECOLOGICAL AREA (SEA) NO. 15, AT 3000 BLOCK
(NORTH SIDE) OF STEEPLECHASE LANE. With the
following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony,
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
MPT/Werner moved, C/Harmony seconded to adopt
RESOLUTION NO. 95-37: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
HILLSIDE MANAGEMENT AND SIGNIFICANT ECOLOGICAL
AREA CONDITIONAL USE PERMIT NO. 92-1, OAK TREE
PERMIT NO. 95-2, AND MITIGATED NEGATIVE
DECLARATION NO. 95-2 FOR TENTATIVE PARCEL MAP
NO. 23382 WHICH IS A REQUEST TO DIVIDE ONE PARCEL
_ INTO FOUR RESIDENTIAL LOTS LOCATED AT THE
EXTREME NORTHWESTERN EDGE OF TONNER
I CANYON/CHINO HILLS SIGNIFICANT ECOLOGICAL AREA
(SEA) NO. 15, AT 3000 BLOCK (NORTH SIDE) OF
STEEPLCHASE LANE. With the following Roll Call vote,
motion carried:
JUNE 20, 1995 PAGE 20
AYES: COUNCIL MEMBERS - Ansari, Harmony,
MPT/ Werner,
M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8. OLD BUSINESS:
8.2 LIBRARY SERVICES FOR FY 1995-96 - CM/Belanger advised that
the County Administrative Officer submitted a budget proposal to the
Board of Supervisors which includes rejection in funding of libraries
which would have an impact in the variety of library grants within the
County. The City is within the boundaries which would be affected by
the reduction. In discussions with library staff, a fair share approach
to providing library services is more likely to be the method to be used
by the County. He recommended that Council correspond with the
Board of Supervisors and the County Librarian to express a strong
desire to have the fair share approach utilized for provisional library
services. Further, that the County be requested to use the monies
derived from taxation of City residents for operation of the library
within the City and that it not be cut; and that neither the City nor its
residents be asked to subsidize the library branch any further than in
the past.
M/Papen asked that if the above statement is not approved by the
County, should discussion start with the City managing the library and
asking that property taxes be returned to the City for that service.
CM/Belanger advised that that is an alternative for the City.
C/Ansari moved, MPT/Werner seconded to direct the Council
subcommittee on library services meet with staff and representatives
from the County to discuss library service alternatives and bring back
a recommendation to the Council. With consensus of Council, motion
carried.
9. NEW BUSINESS:
9.1 EXTENSION OF CONTRACT WITH CAROL A. DENNIS FOR
MINUTE SECRETARY SERVICE - C/Harmony moved, C/Ansari
seconded to authorize the City Manager to extend for one year the
agreement with Carol A. Dennis for Planning and Traffic & _
Transportation Commission meetings for $14,000 for the period of
July 1, 1995 to June 30, 1996. With the following Roll Call vote,
motion carried:
JUNE 20, 1995
PAGE 21
AYES: COUNCIL MEMBERS - Ansari, Harmony,
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
10. ANNOUNCEMENTS: C/Ansari announced that Mr. Donald
Greely, President of "The Country Estates" Association died on June 8, 1995
and offered condolences to his wife Shirley and their three children.
11. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL
(Anticipated Litigation, G.C. 54956.9(b)).
M/Papen adjourned the meeting to Closed Session at 10:55 p.m.
12. ADJOURNMENT: M/Papen reconvened the meeting from
Closed Session at 12:05 a.m.
CA/Jenkins announced that no reportable business had taken place during
Closed Session.
There being no further business to conduct, M/Papen adjourned the meeting
at 12:05 a.m. to July 5, 1995 in memory of Donald A. Greely.
ATTEST:
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LYNDA BURGESS, City Clerk