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HomeMy WebLinkAbout03/19/1996 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 19, 1996 CALL TO ORDER: Mayor Ansari called the meeting to order at 6:34 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 C/Harmony. ROLL CALL: Council Members Harmony, Herrera, Mayor Pro Tem Huff and Mayor Ansari. C/Werner was excused. 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. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS, ETC.: 2.1 Proclaimed March, 1996 as 'Red Cross Month." Mrs. Coakley accepted the proclamation on behalf of the Red Cross. 3. PUBLIC COMMENTS: Roger Meyer spoke in opposition to the "no left — tum sign" posted at the exit of Country Hills Towne Center to Fountain Springs and asked again that it be removed. Dr. Lawrence Rhodes, P.O. Box 2258, Walnut, has not received a Sample Ballot from the City. Don Schad, 1824 Shaded Wood Rd., expressed concern with trees that appear to be dying on Washington and Pathfinder and gave the appropriate species name as the Gold Leaf Loquat. He again asked if these trees are maintained and watered. He further complained about signage placed by the D. B. Caucus on Measure "D". With regard to the Warrant Register, he expressed concern over City Attorney bills. He asked that the City request Jones Intercable to clean-up the Debate video and rebroadcast it prior to the election. Michael Miniacci, 2520 Crooked Creek Dr., also complained about the "no left turn" sign from Country Hills Towne Center onto Fountain Springs and stated that residents in adjacent neighborhoods cannot access their own streets from this exit. Beth House, Harmony Hill, expressed concern about the "no left tum" sign at Fountain Springs. She asked the Council to remove the sign. Craig Klute, Fountain Springs, asked why the persons complaining did not participate in the neighborhood traffic workshops or respond to the questionnaires sent. He also felt the sign at the Fountain Springs, exit was useless; however, MARCH 19, 1996 PAGE 2 another type of detour should be in its place. Terry Birrell spoke in favor of Measure D and reported that the State had rejected the City's General Plan. Red Calkins, 240 Eagle Nest Dr., stated that he attended the debate over Measure D and felt that his freedom of speech was violated because he was not allowed to speak. With passage of Measure "D," the City would not need a City Council anymore. Everything would require a special election. CM/Belanger stated that tax assessment is a County process and suggested that Dr. Rhodes call the Tax Assessor's Office to obtain assistance with his property reassessment. Regarding street trees in the area of Washington and Pathfinder and other areas of the City, he stated that staff is seeking proposals and would be requesting a budget adjustment to take care of those trees. With regard to the Warrant Register requested by Mr. Schad, he explained that until Council approves an invoice relating to litigation, the detail of the invoice is retained in a confidential manner until the Warrant is approved; thereafter, it is available to the general public. With regard to the "no left turn" sign at the Country Hills Towne Center and additional stop signs, he explained that the City Engineer has determined the necessity for stop signs and they will be installed within the next two weeks. He gave the locations of the new stop signs. DPWD/Liu stated that neighborhood workshops are currently being scheduled for sometime in May and June regarding the neighborhood traffic studies. MPT/Huff stated that he would like to see the issue regarding neighborhood traffic studies go back to the Traffic & Transportation Commission for further investigation prior to any public hearings. CM/Belanger stated that the Council could either request the Traffic & Transportation Commission to call a special meeting and meet as soon as possible regarding the matter or the Council could exercise its discretion to make a decision itself. PWD/Wentz explained that the "no left turn" sign had been in existence for approximately six weeks and suggested covering the sign for the next six weeks to determine the impact at upcoming workshops. 4. COUNCIL COMMENTS: C/Herrera announced that she had met with staff from the AQMD regarding their economic development program and Rule 1138 which is scheduled to go into effect in September impacting all restaurants. The AQMD can offer guaranteed loans for businesses, contact Larry Watkins at AQMD, (909) 396-3246. She suggested that the City's emergency plan be presented to the MARCH 19, 1996 PAGE 3 public at a Council meeting in the near future. She asked for verification that a sound wall will soon be constructed in the area of the 57 freeway near Heritage Park. -With regard to Measure "D" and the March 26 elections, she expressed concern that people are getting out of control in destroying other people's signs. She encouraged citizens to vote on March 26 and urged for a vote of "no" on Measure "D." C/Harmony spoke in favor of Measure "D," encouraged voters to vote "yes" and explained in detail why voters should vote "yes." MPT/Huff spoke regarding previous Council support of an earthquake retrofit bond and stated that it is important to the City relating to 57/60 HOV funding. He strongly encouraged voters to support this bond measure. He also spoke in regard to Measure "D" and encouraged voters to vote "No." He rebutted comments that were made in favor of Measure "D." M/Ansari commented that the City incorporated in order to control the amount of growth that took place under the County. There has been little to no development in D.B. since incorporation. She explained her opposition to Measure "D" because of so many restrictions and urged all residents to vote. She then announced a "Friends of the Library" wine tasting on April 21, 1996. She also announced and congratulated the new Miss D.B. - Stephanie MacDonald. M/Ansari then read a letter from the 3rd grade class at Diamond Point Elementary asking for help obtaining computers and announced winners in the AAUW Essay contest. CM/Belanger stated that staff will check with CalTrans regarding the sound wall near Heritage Park. Regarding the City's General Plan, he stated that the State has accepted the Plan but that the Department of Housing has suggested corrections to the City's Housing Element. All elements have been accepted in accordance with State law. With regard to missing equipment, he read a portion of a report by American Appraisal regarding City equipment that verified that all equipment purchased and/or donated had been properly accounted for by the City. A full report will be forwarded to,Council. C/Harmony advised that he received a letter from the Department of Housing and Community Development dated December 22, 1995 stating that the City is not in compliance with the Housing Element. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CITY -ON LINE TECHNICAL ADVISORY COMMITTEE - March 20, 1996 - 6:30 p.m., City Hall Conference Room, 21660 E. Copley Dr. 5.2 SEATAC MEETING - March 22, 1996 - Re Tract 46485 - 10:00 a.m., City Hall Conference Room, 21660 E. Copley Dr. MARCH 19, 1996 PAGE 4 6.3 PLANNING COMMISSION - March 25, 1996 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.4 PARKS & RECREATION COMMISSION - March 28, 1996 - 7:00 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr. 6.5 CITY COUNCIL MEETING - April 2, 1996 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.6 7th CITY ANNIVERSARY CELEBRATION - April 14, 1996 - 1-5 p.m., Peterson Park, 24142 E. Sylvan Glen Dr. 6. CONSENT CALENDAR: MPT/Huff moved, C/Harmony seconded tc approve the Consent Calendar with the exception of Agenda item 6.3, 6.5, and 6.7. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, MPT/Huff, WAnsari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Werner 6.1 APPROVED MINUTES - Regular Meeting of February 20, 1996 - as submitted. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular Meeting of January 22, 1996. 6.4 REJECTED CLAIM FOR DAMAGES - Filed by Julie Jaye Vanden Broader on March 4, 1996 and referred the matter for further action to Carl Warren & Company, the City's Risk Manager. 6.6 ADOPTED RESOLUTION NO. 96-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT TO THE CALIFORNIA DEPARTMENT OF GENERAL SERVICES ALL NECESSARY FORMS, DOCUMENTS AND REQUESTS TO PARTICIPATE IN THE FEDERAL SURPLUS PROPERTY DONATION PROGRAM. 6.8 APPROVED THE STRIPING PLAN FOR SOUTH SIDE OF PATHFINDER ROAD BRIDGE BETWEEN SR 57 ON AN OFF -RAMPS - and directed staff to stripe the south side of the Pathfinder Road bridge between the SR 57 on - and -off -ramps. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.3 APPROVED VOUCHER REGISTER - dated March 19, 1996 in the amount _ of $252,072.85. MARCH 19, 1996 PAGE 5 C/Harmony complained about the amount of the billing by Richards, Watson & Gershon. CM/Belanger explained that there are two categories of legal services; 1) General Legal services which include attendance at meetings, verbal opinions, written opinion letters, review of agreements, etc. and 2) Special Litigation Services which include hearings, trials, etc. These two categories include separate budgeting. C/Herrera moved, MPT/Huff seconded to approve the Voucher Register dated March 19, 1996 in the amount of $252,072.85. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Werner C/Harmony voted "yes" to approve the Voucher Register, but "no" regarding approval of City Attorney billing. 6.5 AWARDED CONTRACT FOR CONSTRUCTION OF NEW SIDEWALKS ALONG DIAMOND BAR BLVD. BETWEEN GOLD RUSH AND GOLDEN SPRINGS, HIGHLAND VALLEY AND TEMPLE, ADJACENT TO SYCAMORE CANYON PARK, CROOKED CREEK AND COLD SPRING AND SHADOW CANYON AND SUGAR PINE - CM/Belanger reported that the lowest bidder was D.R. Schmidt in an amount not to exceed $102,760 with a contingency of $15,000 for project change orders and an additional $5,000 to Charles Abbott for construction inspection purposes. There are two sources of funds for this project; 1) developer fees relating to the sidewalks between Shadow Canyon and Sugar Pine and 2) TDA funds (bicycle lane funds) for the balance of the sidewalks. C/Harmony indicated that the $15,000 contingency is approximately 15% of the project. He would like a policy developed to provide zero contingencies for these kinds of projects. CM/Belanger explained that, in public works projects, everything about the project is known at the time the bids are sent out for solicitation. The reality is that a variety of situations occur that would cause a difference in the contract amount. The contingency amount is to provide professional staff with the ability to make adjustments within the contingent amount in order to process and get these jobs completed in a timely fashion. MARCH 19, 1996 PAGE 6 CE/Wentz indicated that staff has not exceeded the contingency in any case. C/Herrera commented that it is a typical practice to have a contingency fund built into the budget. M/Ansari commented that without a contingency, staffs hands are tied and the project can be delayed for a period of time. MPT/Huff moved, M/Ansari seconded to award a contract for construction of new sidewalks to D.R. Schmidt in an amount not to exceed $102,760; authorize a contingency of 10% and provide an additional $5,000 to Charles Abbott Assoc. for construction inspection services. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Werner 6.7 ADOPTED RESOLUTION NO. 96-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING FINAL TRACT _ MAP 51169 LOCATED IN 'THE COUNTRY" IN THE CITY OF DIAMOND BAR (OWNER: UNIONWIDE) - CM/Belanger reported that this project would provide for construction of 13 single family housing units on 20 acres of land in'The Country". All conditions set forth in the Vesting Tentative Map had been met. He recommended that Council adopt a Resolution approving the Final Map, authorize the Mayor to execute the Subdivision Agreement, authorize the City Engineer to sign the Map and direct the City Clerk to certify and process the Map which would include recordation. MPT/Huff asked about Council's legal options on this project. CM/Belanger stated that the Vesting Tentative Map is a subdivision document that sets forth a variety of conditions that must be met before a final map can be issued. If all conditions are met, the owner of that land has the right to the final map. MPT/Huff asked if this VTM is considered in the significant ecological area and in the slope of Tonner Canyon. He also asked that if Measure "D" passes, would this VTM be consistent with the new General Plan. CM/Belanger advised that this VTM is in the ecological area and is on the _ slope of Tonner Canyon. Both General Plans show this area as residential. MARCH 19, 1996 PAGE 7 CDD/DeStefano clarified that if this project were to be submitted for Council consideration the day after the initiative were to pass, then it would require -a vote of the people because the map contains restrictions specifically identifying the specific locations of certain streets. C/Harmony moved, M/Ansari seconded to adopt Resolution No. 96-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING FINAL TRACT MAP 51169 LOCATED IN'THE COUNTRY" IN THE CITY OF DIAMOND BAR (OWNER: UNIONWIDE). With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Werner 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 ADOPTED RESOLUTION NO. 96-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING AND ENDORSING THE PASSAGE OF THE STATE OF CALIFORNIA PROPOSITION NO. 203, ENTITLED, THE PUBLIC EDUCATION FACILITY BOND ACT OF 1996 - CM/Belanger stated that the bond issued would provide $3 billion dollars for public education facilities throughout the State with $2.25 billion dollars going to K-12 schools, which will benefit both Pomona and Walnut Unified School District construction programs. Specifically in D.B., it will benefit the full construction of Diamond Ranch High School Brenda Engdahl, Pomona Unified School District Board of Trustees, asked for support for passage of Prop. 203. MPT/Huff stated that he was in support of the resolution to help support schools for our children. Martha Bruske, 600 So. Great Bend, expressed concern that this issue is before the Council and felt that the Council should stay neutral on matters such as this. She suggested a possible conflict of interest with Walnut Valley Unified School District. Red Calkins, 240 Eagle Nest Dr., spoke in opposition to the measure. MARCH 19, 1996 PAGE 8 C/Harmony stated that he was in support of this measure. C/Herrera also stated she was in support of the measure and asked the residents of the City to vote in favor of this issue. MPT/Huff clamed that the Council does not have a vote on the issue as far as the City doesn't vote, but as leaders of the community, it's important for Council to give direction to the community on issues that are important. The measure is important to stop our students from going out of the City for their education. M/Ansari also stated that she was in support of the measure: MPT/Huff moved, C/Herrera seconded to adopt Resolution No. 96-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING AND ENDORSING THE PASSAGE OF THE STATE OF CALIFORNIA PROPOSITION NO. 203, ENTITLED, THE PUBLIC EDUCATION FACILITY BOND ACT OF 1996. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Werner 8.2 PRESENTED DIAMOND BAR CONSUMER SURVEY - Verbal presentation by Rod Wilson, Pacific Strategies & Research. MPT/Huff questioned the methodology with regard to statistics that speak to the reliability of a shopping survey done in December versus in January and February. Mr. Wilson explained that by conducting the survey in December where there is a high concentration of shopping, response from the community will be more accurate than conducting a survey in February when shopping is not a prominent issue. C/Harmony asked how the Council should look at this survey as the truth. Mr. Wilson stated that the survey asked how the residents felt about a shopping mall and not where the mall would be built. C/Herrera asked where the Council should go from this survey. MARCH 19, 1996 PAGE 9 CM/Belanger stated that the information can be utilized in the development of an economic development strategic plan. It's a piece of the puzzle. 8.3 DISCUSSION OF PROPOSED EVALUATION FORM FOR THE EVALUATION OF THE CITY MANAGER - CM/Belanger reported that a City Council Ad -Hoc Committee was formed to create an evaluation form which could be used to evaluate the performance of the City Manager. The Ad Hoc Committee is submitting for Council consideration a proposed performance evaluation form. C/Herrera reported that she and MPT/Huff met several times to go over sample forms and create a form to be used for evaluation of the City Manager. She recommended that this item be continued to another meeting to formulate goals for the City Manager. MPT/Huff suggested that the evaluation form be used one time and reevaluated to make sure that all is being accomplished by this form. C/Herrera moved, M/Ansari seconded to approve the City Manager's evaluation form aind procedure. With the following Roll Call vote, motion carried: - AYES: COUNCIL MEMBERS - Harmony, Herrera, MPT/Werner, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Werner 9. NEW BUSINESS: 9.1 APPROVED FIRST READING OF ORDINANCE NO. 06A(1995): AN ORDINANCE OF THE CITY OF DIAMOND BAR MAKING NONSUBSTANTIVE FORMAT CHANGES AND AMENDING ORDINANCE NO. 06(1995), ADOPTING UNIFORM CODES - CDD/DeStefano reported that the purpose of this report and recommendation was to address an error made in preparation of the Ordinance. C/Herrera asked if this is just a technicality for approving the changes. CDD/DeStefano stated that the change is of a technical nature and will include renumbering a section of the code not previously numbered correctly. C/Harmony moved, C/Herrera seconded to waive further reading and approve first reading of Ordinance No. 06A(1995): AN ORDINANCE OF MARCH 19, 1996 PAGE 10 THE CITY OF DIAMOND BAR MAKING NONSUBSTANTIVE FORMAT CHANGES AND AMENDING ORDINANCE NO. 06(1995), ADOPTING UNIFORM CODES. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Werner 10. ANNOUNCEMENTS: M/Ansari announced dates for broadcast of the debate on Measure D: March 20, 1996 - 8:00 p.m.; March 21, 1996 - 8:00 p.m.; March 22, 1996 - 5:00 P.M. 11. ADJOURNMENT: There being no further business to discuss, M/Ansari adjourned the meeting at 9:37 p.m. i�'�- LY A BURGESS, C:t) Clerk ATTEST: Mayor