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HomeMy WebLinkAbout03/05/1996 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 5, 1996 1. CLOSED SESSION: M/Ansari called the Closed Session to order at 5:30 p.m. CONFERENCE WITH LEGAL COUNSEL LITIGATION: (Subdivision (a) of Section 54956.9) Name of Case: No reportable action taken. Oak Tree Lanes v. City of D. B. 2. CALL TO ORDER: M/Ansari called the meeting to order at 6:30 p.m. in the AQMD Auditorium, 21865 E. Copley, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Colors presented by the Garey High School JROTC Color Guard. ROLL CALL: Council Members Harmony, Herrera, Werner, Mayor Pro Tem Huff and Mayor Ansari. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Jenkins, City Attorney; George Wentz, Public Works Director; James DeStefano, Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS, ETC.: 3.1 C/Werner appointed Oscar Law to the Parks & Recreation Commission; and C/Harmony appointed Stephen Nice to the Traffic & Transportation Commission. With consensus of Council, the appointments were ratified. 3.2 CC/Burgess administered the Oath of Office to the Planning, Traffic & Transportation and Parks & Recreation Commissioners. 3.3 Presented City Tiles to outgoing Planning, Traffic & Transportation and Parks & Recreation Commissioners. 3.4 Presented City Tile to Marty Stevens with D.B. Little League. 3.5 Presented Certificate of Recognition to Kim Weingarten for developing the "Challenger Baseball' program. 3.6 Presented Certificate of Appreciation to Paul Wright for audio and MARCH 5, 1996 PAGE 2 video services for City Council Meetings. 3.7 Received CSMFO Certificate of Award to the City for outstanding financial reporting 1994-95. RECESS: M/Ansari recessed the meeting for refreshments at 7:17 p.m. RECONVENE: M/Ansari reconvened the meeting at 7:39 p.m. 4. PUBLIC COMMENTS: Dr. Ron Hockwalt, Superintendent, WVUSD, encouraged all citizens to support Proposition 203 to provide funding for schools. John Forbing expressed concern that his name was incorrectly represented on the Measure D pamphlet and stressed that he did not endorse Measure D. Don Schad, 1824 Shaded Wood Rd., reported on the 5th Mountain Lion Workshop meeting organized by the California Department of Fish & Game. Don Gravdahl explained how Measure D would affect residential property if it is passed by the voters. He did not endorse Measure D. Frank Williams, Executive Officer, Building Industry Association, Baldy View Chapter, clarified that the D.B. Caucus meeting was open to the public but not to the press. He stated that he had faxed an invitation to Clair Harmony. Oscar Law, 2150 Pathfinder, opposed the $3,000 expenditure for the City Council/City Manager Team Building Facilitator. Dr. Lawrence Rhodes, Fiber Ct., stated that: there are dead trees on Washington St. and requested that an irrigation system be installed. Dexter MacBride, 435 Willapa, expressed concern that his name was incorrectly represented on the Measure D pamphlet and that he did not endorse Measure D. He requested that staff correct the names listed on Measure D. Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., asked C/Herrera to respect the citizens of D. B. and stated that she was offended by comments by those against Measure D that poverty bring problems. Max Maxwell, 3211 Bent Twig Ln., requested that the City's General Plan be mailed to the citizens for comparison with the Measure D pamphlet. MARCH 5, 1996 PAGE 3 Art O'Daly, 24075 Falcons View Dr., expressed concern that his name was incorrectly represented on the Measure D pamphlet and stressed his opposition to Measure D. Nick Anis also stated that he was opposed to Measure D and explained the tax impacts the Measure would have on the City. Terry Birrell requested that all residents of the City compare and pull out the Land Use Map contained in the Measure D pamphlet. She corrected Mr. Anis' comments with regard to the tax impacts from Measure D. She again requested a response by City staff in regard to Arciero's project on City property. Bob Arceo stated that he supported Measure D. Joe McManus clarified specific wording in Measure D. Steve Nice, Rising Star Dr., expressed opposition to the lawsuit under Consent Calendar Item 7.6. Kevin House, 2536 Harmony Hill Dr., stated that there was no public notification of the D.B. Caucus Meeting. He asked C/Herrera to take back her negative comments to the citizens of D.B. He stated that he was in favor of Measure D. Frank Dursa, 2533 Harmony Hill, read an article from the Walnut Independent newspaper and stated his opposition to the D.B. Caucus Meeting. He demanded a public apology from C/Herrera for her comments. Gary Neely, Executive Director, Diamond Bar Caucus, 1155 S. Diamond Bar Blvd., Suite R, stated that the City had never supported the Caucus with taxpayer money. He advised that Mr. Anis and C/Herrera are not members of the Caucus. M/Ansari clarified that she did not support the Initiative General Plan; however, she supported citizens' rights to vote on the General Plan. With regard to the Team Building Session, CM/Belanger reported that the Council agreed to postpone a decision on the matter and, to date, no money had been spent on team building. With regard to Dr. Rhodes' comments on the dead trees, he stated that that species of tree is also having problems in other planted areas. New species are being investigated. The adopted General Plan is available in. the Community Development Department upon request. With regard to Ms. Birrell's request, Mr. Arciero had not submitted any written proposals for development to the City. MARCH 5, 1996 PAGE 4 With regard to the alleged Brown Act violation in connection with the D.B. Caucus Meeting, CA/Jenkins recommended that all Council Members avoid such gatherings in the future to avoid the appearance of a Brown Act violation. MPT/Huff asked if the independent analysis report of the General Plan was available and requested a report on the missing computer equipment. C/Werner suggested that a disclaimer would be appropriate for the names on the GPAC's General Plan. CA/Jenkins advised that it would not be appropriate for the City to expend any money in favor of or opposition to any matter which is qualified for the ballot. 5. COUNCIL COMMENTS: C/Herrera congratulated the new and continuing Commissioners. She shared her involvement with the Economic Development Committee and reported on different marketing strategies for the City. C/Werner reported on the County Sanitation Meeting and stated that -- budgets were being proposed for District 18 with regard to landfill activities, sewer water reclamation and sewerage. There will be no increase in fees of $71. He stated that he did not support passage of Measure D. C/Harmony quoted the Brown Act and indicated that he felt the three Council Members who attended the D.B. Caucus meeting held at the B.I.A. were in violation of the Act. MPT/Huff reported that on February 22, 1996, the YMCA Annual Support Campaign had begun and asked the community to pledge their support. He spoke against Measure D. M/Ansari announced a Town Hall Meeting on March 16, 1996, from 9:00 a.m. -12:00 p.m. She reported that she had been elected Regional Director and Representative to the Regional Council for SCAG Region 37. She reported on the 1 st League of California Cities Meeting and how a City can more effectively lobby for bills that are going through the Senate and the Assembly. Further, Mt. San Antonio celebrated their 50th Anniversary and she and C/Herrera attended their "50th Anniversary Ball" and presented a plaque from the City. A new community committee is being formed with the help of the Walnut Sheriff to deal with gang problems in D.B. The -- Department of Energy presented a plaque recognizing D.B. as a leader in improving air quality, strengthening the local economy and enhancing public awareness of alternative fuels through commitment to the clean cities program. A progress memo was received with regard to the fire damage to MARCH 5, 1996 PAGE 5 547 Great Bend. The unveiling of the multi -media homework and reference center will be held on Wednesday, March 13, 1996, 6:30 p.m. - 8:00 p.m., at the Diamond Bar Library. 6. SCHEDULE OF FUTURE EVENTS: 6.1 SEATAC MEETING - March 8, 1996 - 10:00 a.m., City Hall Conference Room, 21660 E. Copley Dr. 6.2 PLANNING COMMISSION - March 11, 1996 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.3 TRAFFIC & TRANSPORTATION COMMISSION - March 14, 1996 - 7:00 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr. 6.4 CITY COUNCIL MEETING - March 19, 1996 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.5 TOWN HALL MEETING - March 16, 1996 - 9:00 a.m. - 12:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.6 COL TECHNICAL ADVISORY COMMITTEE - March 20, 1996 - 6:30 p.m., City Hall Conference Room, 21660 E. Copley Dr. 7. CONSENT CALENDAR: C/Wemer moved, MPT/Huff seconded to approve the Consent Calendar with the exception of Agenda item 7.1.2, and 7.4. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - 7.1 APPROVAL OF MINUTES Harmony, Herrera, Werner, MPT/Huff, M/Ansari None None 7.1.1 Regular Meeting of February 6, 1996 -Approved as submitted 7.2 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of January 11, 1996. 7.3 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of January 11, 1996. 7.5 RECEIVED & FILED TREASURER'S REPORT - Month of January, 1996. -- 7.6 REJECTED CLAIM FOR DAMAGES - Filed by Nick and Patricia Anis, Computer Business Services, The PC Telecommunications Society and William Schlossenberg on February 5, 1996 and referred matter for further action to Carl Warren & Co., the Citys Risk Manager. MARCH 5, 1996 PAGE 6 7.7 ACCEPTED PARK SITE IMPROVEMENTS IN STARSHINE, SYCAMORE CANYON AND HERITAGE PARKS, DIRECT THE CITY CLERK TO FILE AND THE CITY MANAGER TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE STAFF TO RELEASE THE RETENTION OF $4,423 AFTER 35 DAYS FROM RECORDATION OF THE NOTICE OF COMPLETION. 7.8 ADOPTED RESOLUTION NO. 96-11: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF "DO NOT BLOCK INTERSECTION" SIGNS ON SOUTHBOUND DIAMOND BAR BOULEVARD AT CROOKED CREEK DRIVE AND AT CHERRYDALE DRIVE. 7.9 AWARDED CONTRACT TO PROVIDE MITIGATION MONITORING SERVICES FOR VTM 51169 TO MICHAEL BRANDMAN ASSOCIATES IN THE AMOUNT OF $50,290. 7.10 RESERVED THE CITY'S $20,417 TDA ARTICLE 3 (SB821) ALLOCATED FOR FY 1995-96. 7.11 (A) ADOPTED RESOLUTION NO. 96-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1996-97. (B) ADOPTED RESOLUTION NO. 96-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1996-97. (C) ADOPTED RESOLUTION NO. 96-14:. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENTS THEREON FOR -- FISCAL YEAR 1996-97. 7.12 ADOPTED RESOLUTION NO. 96-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING MARCH 5, 1996 PAGE 7 RESOLUTION NO. 90-95 AS AMENDED AND HERETOFORE ADOPTED - eliminating the City's separate permit system for collection and disposal of solid waste, recyclable and compostable materials. 7.13 ADOPTED RESOLUTION NO. 96-16: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE PASSAGE OF CALIFORNIA STATE PROPOSITION NUMBER 192 ENTITLED THE SEISMIC RETROFIT BOND ACT OF 1996. MATTERS WITHDRAWN FROM CONSENT CALENDAR FOR FURTHER DISCUSSION 7.1 APPROVAL OF MINUTES 7.1.2 Town Hall Meeting of February 10, 1996 - MPT/Huff requested the that the last sentence on Page 2, paragraph 4, reading "it was made very clear that the reservoir plans and the MRF plans are not welcome in D.B." be amended to read as follows, "it was made very clear that the MRF plans are not welcome in D.B." 7.4 APPROVED VOUCHER REGISTER - dated March 5, 1996 in the amount of $579,181.94 - In response to C/Harmony, CM/Belanger explained that the City Attorney's billings are not over budget. The amount budgeted is $75,000 and through December, including this billing, the City Attorney has billed $23,305. He also advised that all activities beyond general legal services were specifically directed and approved by Council. M/Ansari stated she was in favor of paying the bill. C/Werner stated that the City Attorney was specifically directed to perform and that he was in favor of paying this bill. Further, the Finance Subcommittee specifically investigated the invoice and confirmed that it was within the annual budget: allotted for the City Attorney's office. C/Werner moved, seconded by MPT/Huff to approve Consent Calendar Items 7.1.2 and 7.4. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None MARCH 5, 1996 PAGE 8 ABSENT: COUNCIL MEMBERS - None C/Harmony stated that while he was voting to approve the Voucher Register, he wanted the record to show that he did not approve the payment of the Richards, Watson & Gershon attorney bill. 8. PUBLIC HEARINGS: None 9. OLD BUSINESS: None 10. NEW BUSINESS: 10.1 DISCUSSION OF CITY TOWN HALL MEETING - Debate on Measure "D" - CM/Belanger reported that the debate would include a panel of Measure "D" supporters, and a panel of Measure "D" detractors and would be conducted and monitored by an obvious neutral party, The League of Woman Voters, Claremont Chapter. The debate will occur in the City Council Chambers on March 16, 1996, from 9:00 a.m. - 12:00 p.m. and will be televised live by Jones Intercable on Channel 12. There would be two additional replays of the debate on Channel 12 between March 16 and election day, March 26. M/Ansari advised that she had been in contact with the League of Woman Voters and suggested the following rules and format: two teams (five members each) be formed with one team arguing for the measure and the other arguing against the measure. Each team will have 45 minutes to present their respective arguments and the teams will draw lots that will decide which team'will present their argument first. The moderator will determine the order of subsequent debaters and keep individual as well as aggregate team time. Teams will have a one minute penalty assessed if any member of a team interrupts a member of the other team. Following the presentation of both teams' arguments, audience members may ask questions. The moderator will conduct the question and answer session. After the answering of the questions, there will be a recess. Each team will be given two minutes to respond to each question. C/Werner asked if it is appropriate for the Council to suggest and discuss the format. CA/Jenkins advised that it is appropriate for the Council to make information available to the public on a ballot measure as long as it — is not advancing one or the other position. Because the Town Hall Meeting had turned into a debate, he recommended removing the City from the program and placing it under a neutral organization so that it could not be alleged that the City was engaging in partisan MARCH 5, 1996 PAGE 9 conduct. C/Wemer asked if Council Members could participate in the debate and citizen comment. CA/Jenkins advised that it is absolutely alright for Council Members to be a part of the debate team and/or audience. Martha Bruske, 600 So. Great Bend, recommended that the City provide a corrected, certified copy of the attendance record of the last GPAC sessions. Joe McManus, 23561 Coyote Springs Dr., requested that three team members be placed on the debate team rather than five. Max Maxwell, 3211 Bent Twig Ln., recommended that the debate be held at Heritage Park and that it not be called a debate but rather a discussion amongst the citizens. He expressed concern with the one camera set-up at the AQMD. He also recommended that the audiences' questions be written prior to the debate in order to save time. Each team has a 10-15 minute conclusion. M/Ansari asked if there could be more than one camera located in different areas of the room. CM/Belanger advised that the AQMD facility is capable of handling the debate session. The important part of the debate is not visual, but audio. Paul Wright, AQMD, demonstrated pre-programmed shots of the audience and the AQMD auditorium. Nick Anis expressed concern that the debaters will not have enough time to present their concerns. He recommanded two or three persons on the debate teams. He favored a live -broadcast by a neutral party. Terry Birrell suggested that each team have 45 minutes but broken into sections of arguments and rebuttals. She favored four to five member teams and asked if any of Council Members were affiliated with the Claremont League of Women Voters. -� WAnsari stated that each team will designate how they will use their 45 minutes. It was determined by Council that no one had any affiliation with the League of Women Voters. C/Wemer stated that he was in favor of the 45 minute time limit but MARCH 5, 1996 PAGE 10 suggested to let the League of Women Voters control the meeting and agenda. C/Harmony agreed with C/Werner's comments and looked forward to hearing and seeing the view points on this issue. MPT/Huff suggested using a small number of team members and taking the questions from the arguments in favor and against. MPT/Huff moved, C/Herrera seconded to schedule the Measure "D" Debate for March 16, 1996, from 9:00 a.m. -12:00 p.m., at the AQMD Auditorium, 21865 E. Copley, to be conducted by the Claremont League of Women Voters with a suggestion that they have teams of no more than five members. Motion carried unanimously. 11. ANNOUNCEMENTS: C/Harmony announced his telephone number for use by the public for discussion of any concern. 12. ADJOURNMENT: There being: no further business to discuss, M/Ansari adjourned the meeting at 11:08 p.m. J NDA BURGESS, City Clerk ATTEST: NCa�ior'