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HomeMy WebLinkAbout09/16/1997 Minutes - Regular Meeting1 2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 16, 1997 CLOSED SESSION: Held at the end of the City Council meeting. CALL TO ORDER: Mayor Huff called the meeting to order at 6:36 p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: The Pledge of Allegiance was led by Mayor Pro Tem Herrera. Pastor Mark Hopper, Diamond Bar Evangelical Free Church Council Members Werner, Mayor Pro Mayor Huff. Ansari, Harmony, Tem Herrera and Also present were: James DeStefano, Deputy City Manager; Frank Usher, Deputy City Manager; Michael Jenkins, City Attorney; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Director and Tommye Nice, Deputy City Clerk. APPROVAL OF AGENDA: M/Huff requested that a Real Property Closed Session be added to the end of the agenda. DCM/DeStefano announced that the Closed Session, requested pursuant to G.C. Section 54954.2 and 54956.8, is a conference with the Real Property Negotiator regarding the former Water District property located on Brea Canyon Rd. north of Pathfinder Rd. The negotiating parties are the City of Diamond Bar and Diamond Crest Estates. MPT/Herrera moved, C[Werner seconded, to place the Closed Session Item on the Agenda. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/Herrera, MIHuff None None 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaimed September 15-21, 1997 as "Pollution Prevention Week." 3.2 Proclaimed October 6 through 10, 1997 as "California Rideshare SEPTEMBER 16, 1997 PAGE 2 Week." 3.3 Presented plaque to Melissa Fackler, Vice Principal of Diamond Ranch High School, commemorating the opening of the school. BUSINESS OF THE MONTH: 3.4 Presented City Tile to Carl McIntyre, owner of "My Jeweler." 4. PUBLIC COMMENTS: Salena Robinson announced "Pollution Prevention Week" to be held at Chief Auto Parts in the K -Mart Shopping Center on Friday, September 18, 1997 from 3:00-6:00 p.m. Free oil recycling programs, composting and other AB939 programs will be discussed. Further, entry forms for the City's Annual Waste Prevention Incentive Awards Program which recognizes businesses and residents taking the initiative to reduce, reuse and recycle waste are available at City Hall and must be submitted by November 3, 1997. Awards will be presented at the November 18, 1997 City Council meeting. Nina Goncharov, 23631 Gold Nugget Ave., presented a petition signed by residents of Gold Nugget Ave. requesting enforcement of existing property maintenance and home business ordinances. Stan Granger, 23800 Gold Nugget Ave., spoke about deterioration of his neighborhood and asked that the City's Code Enforcement officer be given citation authority. Kevin House, 2536 Harmony Hill Dr., spoke regarding redevelopment petitions and flyers. Joe Ruzicka, 22311 E. Birdseye Dr., asked what kinds of equipment and City facilities can be used for campaign purposes. Don Schad expressed concerns regarding potential geological hazards and preservation of oak trees at the Pathfinder Rd. project site. Martha Bruske felt that the Pomona Unified School District should be responsible for transportation of students to the new high school, not the City. Clyde Hennessee asked Council candidates to speak to the City's issues. Lydia Plunk, 1522 S. Deerfoot Dr., expressed concern about the City's involvement with the Wildlife Corridor Conservation Authority. Dr. Lawrence Rhodes asked if the City has a City flag. He said he would like to have D.B. history taught in the City's schools. SEPTEMBER 16, 1997 PAGE 3 Terry Birrell spoke in opposition to redevelopment. Al Perez, 703 Pantera Drive, felt that he and his neighbors should have received notification regarding the Planning Commission's public hearing on the Sun Cal project. Bob Zirbes, DBIA President, supported the Gold Nugget Ave. residents' comments. He reiterated that, although the City has a Property Maintenance Ordinance, it does not have a defined enforcement procedure and suggested that Council mandate a proactive position for Code Enforcement. Frank Dursa thanked residents who signed the petition against redevelopment and spoke regarding Council's approval of the Chamber of Commerce budget. Mike Goldenberg, 1859 Morning Canyon Rd., urged Council to continue to lobby the post office to consolidate the City's zip codes. Tom Ortiz, 3308 Hawkwood Rd., offered his assistance to the City to help educate parents through the coordination of a School Safety program. Su-Chih Brewer, 23750 Monument Canyon Dr., spoke in support of neighborhood cleanup as a tool to maintain property values. DCMIDeStefano responded that, with respect to the petition received from the residents of Gold Nugget Ave., the City is aware of problems on that street and staff is currently working to resolve the issues. Staff will provide a memorandum for Council's consideration. Regarding the trailer sign, he stated that the City's existing Sign Ordinance contains a prohibition against use of trailers, vehicles, etc., for signage and indicated that all candidates received copies of the City's Temporary Sign Ordinance. Responding to Mr. Schad, he reported that the Sandstone Canyon project contains a 4" sub drain at the terminus of Rapidview Dr. The drain was cut into by the construction crew, an activity that was anticipated. A backflow pond resulted (as represented by Mr. Schad's photographs). Mitigation includes capping the drain, pumping the water into an adjacent storm drain and construction of two 8" drains to support the project. The geological engineers are satisfied that all geotechnical issues have been addressed. With respect to earthquake faults, the City's Geotechnical Engineer determined that there are no active earthquake faults within the City but there are some inactive faults. Geotechnical consultants concluded that inactive faults do not pose any hazard to citizens residing on top of these faults. Project approval identified two large trees that were to be relocated within the development. Those trees have been tagged and boxed for relocation adjacent to Brea Canyon Rd. A City -employed certified qualified arborist determined that the older trees within the project area are approximately 80 to 100 years old. SEPTEMBER 16, 1997 PAGE 4 In response to Ms. Birrell, DCMIDeStefano stated that the vast majority of the approximately 1200 acres contained within the four General Plan planning areas are hillside property. The 800 acre area south of Diamond Ranch High School is zoned Agricultural. The General Plan specifically calls out a maximum of 130 single family homes and that a minimum of 75% of Planning Area No. 2 (approximately 400 acres) be set aside as dedicated Open Space. The General Plan designates Planning Area No. 3, (Grand Ave. and Golden Springs Dr.) as General Commercial. Planning Area No. 4, approximately 82 acres located west of Brea Canyon Rd. north of Peaceful Hills Rd. and south of South Pointe Middle School, has a General Plan Land Use designation for Park, Public Facilities and Open Space and contains slopes exceeding 30%. None of these General Plan designations incorporate "big box" malls. In response to Mr. Perez, he stated that SunCal held a community meeting on Saturday, September 13. The City's Planning Commission will begin its environmental review process on September 23, 1997 to determine whether to allow the developer's request for a General Plan zoning change to construct 60 additional single family units on a portion of the 75% designated for Open Space. The Commission's recommendation will be forwarded to Council for further review toward the end of 1997. Public Hearing notices were mailed to all property owners within 500' of the project boundaries. Regarding School Safety workshops, DCMIDeStefano referred Mr. Ortiz to the Traffic & Transportation Commission. 5, SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - September 23, 1997 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 SCHOOL SAFETY STUDY WORKSHOP NO. 1 - September 25, 1997 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr, 5.3 PARKS AND RECREATION COMMISSION - September 25, 1997 - 7:00 p.m. - AQMD Hearing Board Room, 21865 E. Copley Dr. 5.4 TOWN HALL MEETING - Economic Revitalization Plan - September 30, 1997 - 6:30 p.m. - 9:00 p.m., South Pointe Middle School Multi - Purpose Room, 20671 Larkstone Dr. 5.5 SCHOOL SAFETY STUDY WORKSHOP NO. 2 - October 2, 1997 - 6:30 p.m., AQMD Room CC -2, 21865 E. Copley Dr. 5,6 CITY COUNCIL MEETING - October 7, 1997 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.7 TOWN HALL MEETING - Economic Revitalization Plan - October 25, 1997 - 9:00 a.m. to 12:00 Noon, Golden Springs Elementary School _ Multi -Purpose Room, 245 Ballena Dr. 6. CONSENT CALENDAR: MPT/Herrera moved, CANerner seconded, to approve the Consent Calendar with the exception of Item No.'s 6.6, 6.7 SEPTEMBER 16, 1997 PAGE 5 and 6.8. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPTIHerrera,M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: 6.1.1 Regular Meeting of August 19, 1997 - As submitted. 6.1.2 Regular Meeting of August 23, 1997 - As submitted. 6.1.3 Regular Meeting of September 2, 1997 - As submitted. 6.2 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of July 10, 1997. 6.3 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 6.3.1 Regular Meeting of June 12, 1997. 6.3.2 Regular Meeting of July 10, 1997. 6.5 ACCEPTED STORM DRAIN EASEMENT - Accepted the Storm Drain Easement for tracts 32400152228152203152204 provided by the Walnut Valley Unified School District to the developer, Diamond Crest Estates LLC, in connection with construction of residences. Also accepted the Storm Drain Maintenance Easement from the Walnut Valley Unified School District. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.4 APPROVED VOUCHER REGISTER - dated September 16, 1997 in the amount of $633,716.43. C/Werner moved, MPT/Herrera seconded, to approve the Voucher Register dated September 16, 1997 in the amount of $633,716.43. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/Herrera, MJHuff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.6 APPROVED FISCAL YEAR 1996-1997 PURCHASE ORDER CARRYOVER BUDGET ADJUSTMENT. SEPTEMBER 16, 1997 PAGE 6 6.7 MPT/Herrera moved, C/Werner seconded, to approve the FY 1996- 1997 Purchase Order Carryover Budget Adjustment. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPTI Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None APPROVED CONSTRUCTION OF SIDEWALKS ON ASPEN GROVE LANE. CANerner moved, C/Ansari seconded to authorize the City Manager to approve a Contract Change Order in the amount of $3,993.25 for construction of sidewalks on Aspen Grove Lane, for a total contract amount of $28,983.25. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: Ansari, Werner, MPT/Herrera, M/Huff Harmony None 8.1 PARKS MASTER PLAN - CSD/Rose introduced Steve Rose and consulting team members from Purkiss-Rose, RSI, who presented an overview of the Draft Parks Master Plan approved by the Parks & Recreation Commission on July 24, 1997, Clyde Hennessee commented on the presentation. C/Werner moved, MPT/Herrera seconded to direct staff to present Council with a list of options for implementation of the Parks Master Plan at its October 7, 1997 meeting. 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 8.2 REQUEST TO WITHDRAW FINANCIAL SUPPORT AND PERMISSION TO USE PUBLIC STREETS RE: THE DIAMOND BAR RANCH FESTIVAL. SEPTEMBER 16, 1997 PAGE 7 CA/Jenkins reported that he had reviewed C/Harmony's letter regarding the Ranch Festival Committee's policy regarding candidates campaigning in the immediate area of the Festival and presented the legal issues related to campaigning at same. He suggested that Council direct staff to work with the Ranch Festival Committee to discuss the rule governing free speech and whether it can be more narrowly tailored so as to allow reasonable expression while at the same time, serving to accomplish the stated goals of avoiding obstruction to the free flow of people. Cathy Johnson, Ranch Festival Committee, said that the Festival's primary concern is public safety. She asked for clarification with respect to the Festival's liability and the City's liability. She indicated that anyone who wishes to purchase a booth may do so for purposes of campaigning. She concurred with C/Ansari's proposal to consider offering a forum for all candidates. Joe Ruzicka spoke against C/Harmony's request to issue sanctions against the Ranch Festival. He believed the Festival Committee had a right and an obligation to make certain that the event is conducted in a safe manner. Any candidate may purchase booth space for campaigning purposes. Clyde Hennessee concurred with staff's recommendation. C/Werner moved, C/Ansari seconded, to direct staff and the City Attorney to work with the Ranch Festival Committee to clarify the policy applicable to City Council candidate campaigning at the event site. Motion carried by the following Roll Call vote: AYES NOES: ABSENT: 9. NEW BUSINESS: COUNCIL MEMBERS - COUNCIL MEMBERS - COUNCIL MEMBERS - None Ansari, Harmony, Werner, MPT/Herrera, M/Huff None None RECESS TO REDEVELOPMENT AGENCY MEETING - 10:30 p.m. RECONVENE CITY COUNCIL MEETING: Council meeting at 10,51 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: M/Huff reconvened the City None 11. COUNCIL COMMENTS: None SEPTEMBER 16, 1997 PAGE 8 ADJOURNED TO CLOSED SESSION: 10:51 p.m. 12. CLOSED SESSION: At 11:00 p.m., CA/Jenkins announced that the City Council had adjourned Closed Session, took one action and reported same in writing to the City Clerk. 13. ADJOURNMENT: There being no further business to conduct, M/Huff adjourned the meeting at 11:02 p.m. in memory of Ben Shu, Diamond Bar High School student, and Nick Taranto, a 36 year resident. TOMMYE NICE, Deputy City Clerk ATTEST: r54; May