HomeMy WebLinkAbout01/07/1997 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JANUARY 7, 1997
CLOSED SESSION: None held.
CALL TO ORDER: Mayor Huff called the meeting to order at
6:37 p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar,
California.
PLEDGE OF ALLEGIANCE: Colors presented by Ganesha High School
JROTC. Council Member Werner led the Pledge of Allegiance.
ROLL CALL: Council Members Ansari, Harmony,
Werner, Mayor Pro Tem Herrera, Mayor Huff.
Also present were: Terrence L. Belanger, City Manager; Frank Usher,
Assistant City Manager; Michael Jenkins, City Attorney; James
DeStefano, Community Development Director; George Wentz, Public
Works Director; Bob Rose, Community Services Director and Lynda
Burgess, City Clerk.
INVOCATION: Reverend Mark Hopper, Evangelical Free
Church of Diamond Bar.
2. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Presented Certificate of Recognition to Community Volunteer
Patrolman Mike Miller for his efforts in protecting children in his
neighborhood from a dog attack.
3. PUBLIC COMMENTS: Steve Nice felt that visits to China by City
officials are really for economic development purposes and not for the
purposes expressed. He asked for a report of accomplishments realized on
behalf of the City—how much tax revenue had been generated; how Council
Members have prepared for these trips and who donated funds for the next
trip.
Richard Callard, President of D.B. Sister City, stated that he was deeply
offended by suggestions that trips to Taiwan were characterized as "junkets'.
The City's interests include education, cultural exchange and economic
development. All trips have been paid for through private donations, not by
taxpayers. Further, he indicated that private funds are available for Council
Members and one City staff member for the February China trip. He
apologized to M/Huff, MPT/Herrera, C/Ansari and C/Werner and thanked
them for their support of the Sister City organization.
John Forbing, Vice President, D.B. Sister City, stated the Sister City Assn.
is currently engaged in raising funds to ensure other community members'
participation in the February China trip. He further stated that contributors
JANUARY 7, 1997 PAGE 2
will be provided tax deductible receipts. Contributors who wish to be publicly
recognized will be acknowledged.
Martha Bruske stated that, in her opinion, the original intent of the Sister City
relationship had been ignored. The Sister City charter benefits the City
Council and not City residents and she did not support the Council's efforts.
Debbie O'Connor thanked City staff for quickly removing debris from the
storm damage.
John Forbing stated that the reason the Council is included. in any Sister City
organization is because foreign delegations will deal only with the Mayor. No
cultural or educational exchange takes place absent the Mayor's
involvement. D.B. Council participation was requested by the Taiwan Sister
City delegation.
C/Harmony asked which Council Members and spouses will be participating
in the February Taiwan trip and the sources of contributed funds.
C/Werner thanked Mr. Callard for clarifying the Sister City issues.
5. SCHEDULE OF FUTURE EVENTS: _
5.1 TRAFFIC & TRANSPORTATION COMMISSION - January 9, 1997 -
7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.2 PLANNING COMMISSION - January 14, 1997 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.3 TOWN HALL MEETING (EMERGENCY PREPAREDNESS) - January
18, 1997 - 9:00 a.m. to 12:00 noon, AQMD Auditorium, 21865 E.
Copley Dr.
5.4 CITY COUNCIL MEETING - January 21, 1997 - 6:30 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR: C/Wemer moved, MPT/Herrera seconded,
to approve the Consent Calendar with the exception of Item 6.3. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner,
MPT/Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED VOUCHER REGISTER - dated January 7, 1997 in the
amount of $638,683.41. —
6.2 RECEIVED & FILED TREASURER'S REPORT - November, 1996.
6.3 ACCEPTED NOTICE OF COMPLETION FOR SUNSET CROSSING
JANUARY 7, 1997
PAGE 3
ROAD STREET REHABILITATION PROJECT FROM SR -57 OFF -
RAMP TO GOLDEN SPRINGS DRIVE - C/Harmony pointed out the
savings to be realized by the City on the successful completion of this
project. Accepted work performed by J.E.G. Construction, Inc., and
authorized the City Clerk to file the Notice of Completion and release
any retention amounts per previously approved plans and
specifications.
6.4 ADOPTED RESOLUTION NO. 97-01: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR INSTALLING 20 FEET
OF RED CURB ON EACH SIDE OF THE DRIVE APPROACH AND
210 FEET OF RED CURB IN THE PARKING LOT AT PAUL C.
GROW PARK.
6.5 ADOPTED RESOLUTION NO. 97-02: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR RE -INSTALLING
NO STOPPING ANYTIME" SIGNS ON THE EAST SIDE OF BREA
CANYON ROAD BETWEEN PATHFINDER ROAD AND PLAZA
DIAMOND BAR'S SOUTHERLY DRIVEWAY.
6.6 APPROVED DIAMOND BAR BOULEVARD UNDERGROUND
UTILITY DISTRICT No. 2 - Approved an additional $7,400 in Gas Tax
funding and $28,600 in Prop. C funding for Underground Utility District
No. 2.
7. PUBLIC HEARINGS:
7.1 RESOLUTION NO. 97-03: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AMENDING CERTAIN
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT
MAPS 47850,47851 AND 48487 - PWD/Wentz stated that the
applicant for Vesting Tentative Tract Maps 47850, 47851 and 48487
had asked for a waiver of the condition related to requiring the
installation of a reclaimed water system. Walnut Valley Water District
will not provide reclaimed water to elevations above 850 feet.
M/Huff opened the public hearing.
There being no testimony offered, M/Huff closed the Public Hearing.
C/Werner moved, C/Harmony seconded to adopt Resolution No. 97-
03 amending conditions of approval for Vesting Tentative Tract Maps
47850, 47851 and 48487. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner,
MPT/Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
JANUARY 7, 1997 PAGE 4
ABSENT: COUNCIL MEMBERS - None
8. OLD BUSINESS:
8.1 RESOLUTION NO. 96-04: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING FINAL TRACT MAP
NO. 47850 FOR THE SUBDIVISION OF A 73 ACRE SITE INTO 50
UNITS IN 'THE COUNTRY ESTATES" DIAMOND BAR,
CALIFORNIA - David Freeman, representing the Dolezal Family Trust,
stated map approval would damage the Dolezal property adjacent to
Tract 47850. If there is no access, the Dolezal property becomes
landlocked.
Warren Dolezal reiterated Mr. Freeman's concerns. He did not object
to the development of Tract No. 47850; however, he was concerned
about access to his property.
Kurt Nelson, D.B. Assoc., pointed out that property access is obtained
through 'The Country Estates." The Final Map was recently modified
to provide access via Hawkwood Rd.
Mr. Freeman stated that Dolezal had applied for approval for access —
through "The Country Estates." Access is necessary in order to
develop his four lots.
In response to C/Werner, CDD/DeStefano explained that both projects
were approved by Council based upon representations by both
interested parties that they resolve the access issue.
PWD/Wentz stated that access through Hawkwood Rd. is inadequate
to serve Mr. Dolezal's parcel. Approval of the Final Tract Map
provides Mr. Dolezal the opportunity to work with D.B. Assoc. to
resolve the access issue.
CA/Jenkins stated that Council has a ministerial duty to approve a
Final Map if all conditions of the Tentative Map have been satisfied.
The City has no jurisdiction over private streets.
Responding to C/Harmony, PWD/Wentz stated that the Final Map is
the same as reviewed by Council approximately six months ago. Map
changes involved grading changes only and do not alter the amount
of grading or the design.
C/Wemer moved, C/Ansari seconded to adopt Resolution No. 97-04
approving Final Tract Map No. 47850, authorizing the Mayor to
execute the Subdivision Agreement, authorizing the City Engineer to
sign the Map, and directing the City Clerk to certify and process the
Map and CC&R's for recordation. Motion carried with the following
JANUARY 7, 1997
PAGE 5
Roll Call vote:
AYES: COUNCIL MEMBERS - nsari,Hara, rmony,
Werner,
MPT/Heuff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8.2 PRESENTATION BY KAHLIL BENDIB - Mr. Bendib presented his
proposal to donate a mountain lion sculpture to the City for placement
at Summit Ridge Park.
Bob Zirbes, President, DBIA, stated that a fundraising subcommittee
had been formed to assist Mr. Bendib's proposed sculpture.
In response to MPT/Herrera, Mr. Zirbes stated that the sculpture had
been fully funded by donations. Any funds remaining will be donated
to local school art programs.
C/Werner commended the DBIA for its project efforts.
Cathy Newe thanked citizens and the Council for supporting this
project. She encouraged citizens to be involved in more city projects.
Debby O'Connor asked why Council would consider the gift when it
has not agreed on a policy for accepting gifts. She asked for a
breakdown of related costs for maintaining the sculpture. She asked
if the DBIA is willing to pay for ongoing maintenance and related
costs.
MPT/Herrera stated that the policy currently under subcommittee
consideration requires gifts valued in excess of $3,000 be considered
by Council for approval.
C/Ansari felt that this sculpture would greatly benefit the City and that
the proposed location is very prominent to persons entering the .City
from Chino Hills. She believed safety concerns would be comparable
to concerns regarding playground equipment. She thanked the
citizens who were involved in bringing the project to fruition.
CM/Belanger explained that the Southern California Joint Powers
Insurance Authority insures all city property. As a result of placing the
sculpture, the city's general liability cost profiles would not change.
The sculpture would be covered under the city's property insurance
and may be subject to additional premium.
C/Ansari thanked the citizens who have participated in this effort.
C/Harmony reiterated MPT/Herrera's statement. He confirmed his
JANUARY 7, 1997
PAGE 6
understanding that Council gave its blessing to this project
approximately two years ago. He congratulated the sculptor and the
subcommittee for their efforts.
C/Werner asked for answers to questions raised in his memo to staff
regarding upkeep and maintenance of the sculpture. He asked if the
Parks & Recreation Commission had discussed the location of the
sculpture and about the City's obligation for replacement in the event
of damage. In addition, what lighting would be needed.
rted that staff understood
In response
sculpture
would be evaluated under th, CM/Belanger eproposedgift policy being
the sculptur
drafted by the Council subcommittee.
MPT/Herrera stated her understanding that the sculpture donation
would fall under the "New Gift Policy" for the city. She felt that
although the policy is not finalized, the Council could accept the
sculpture and direct staff accordingly.
MPT/Herrera moved, C/Ansari seconded to accept the mountain lion
sculpture donation in accordance with the proposed gift policy
including consideration of replacement/removal in the event of _..
damage.
In response to C/Harmony, CM/Belanger explained that the City's
insurance policy will cover theft and vandalism subject to the
deductible and appraised value.
C/Wemer felt the motion was premature since several questions had
not been answered.
MPT/Herrera felt that the donated sculpture should be reviewed in the
same manner as any other City park equipment.
Upon the motion made by MPT/Herrera, seconded by C/Ansari, Roll
Call vote carried as follows:
AYES:
COUNCIL MEMBERS -
Ansari, Harmony,
MPT/Herrera, M/Huff
NOES:
ABSENT:
COUNCIL MEMBERS -
COUNCIL MEMBERS -
Werner
None
9. NEW BUSINESS: None
RECESS: M/Huff recessed the meeting at 8:29 p.m. to convene the
Redevelopment Agency meeting.
RECONVENE: M/Huff reconvened the City Council meeting at 8:45 p.m.
JANUARY 7, 1997 PAGE 7
10. COUNCIL SUB -COMMITTEE REPORTS: MPT/Herrera announced that the
January 9, 1997 Wildlife Corridor Authority meeting had been cancelled.
M/Huff reported that he and C/Ansari attended the League of California Cities
meeting.
11. COUNCIL COMMENTS: C/Harmony thanked staff for their
prompt response in cleaning up the debris from the wind damage.
MPT/Herrera thanked Richard Callard and John Forbing for their comments
and fundraising efforts with respect to the upcoming Taiwan Sister City trip.
Since no public funds were used for previous trips, she believed that no one
had a right to demand explanations and reports. The upcoming trip is City
sanctioned.; therefore, she would be pleased to offer a report following her
return. She encouraged attendance and participation at the January 18,
1997 "Emergency Preparedness" Town Hall Meeting.
C/Ansari reported on her attendance at the Senior Citizen's New Year's Eve
party.
M/Huff stated he received a request from a concerned citizen that the warrant
registers are not being printed clearly. He apologized for not recognizing
Congressman Kim's staff member during the presentation to Mike Miller. He
was pleased with the Council vote to not pay for Council Members'
transportation to Taiwan. He thanked the public for their efforts toward
returning a delegation to the Sister City without cost to the city.
12. ADJOURNMENT: There being no further business to
conduct, M/Huff adjourned the meeting at 8:55 p.m.
LY DA BURGESS, City Clerk
ATTEST: