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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: