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Home My WebLink About07/15/1997 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JULY 15, 1997 CLOSED SESSION: None 2. CALL TO ORDER: Mayor Huff called the meeting to order at 6:40 p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Werner. INVOCATION: Dr. Robert Wiley, Northminster Presbyterian Church. ROLL CALL: Council Members Ansari, Werner, Mayor Pro Tem Herrera and Mayor Huff. Council Member Harmony was excused. Also present were: James DeStefano, Deputy City Manager; Frank Usher, Deputy City Manager; Amanda Susskind, Assistant City Attorney; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Director and Lynda Burgess, City Clerk. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS.- None ROCLAMATIONS:None 4. PUBLIC COMMENTS: Elizabeth Beard stated that the residents of Birch Hill Rd. have been unable to park on their street because a large volume of D.B, High School students' vehicles are parked on their street during school hours. Street sweeping cannot take place and a significant traffic jam occurs at the corner of Birch Hill Rd, and Evergreen Springs at the beginning and end of each school session. She asked for Council's assistance in mitigating this matter. Ellen Stipo said she feels the public is not aware of what cellular sites are and that they exist in the City. Her research indicated that over 200 California cities have adopted cellular site moratoriums with respect to sites located in residential areas. She felt that residential sites are inappropriate. Debby O'Connor offered a speedy recovery to Council Member Harmony. She stated that the City of Walnut now allows teenagers 13 years of age and older to utilize their Dial -A -Ride program. She suggested that D.B. institute a similar program. Clyde He,messee objected to taxpayers paying for teenagers to utilize the City's Dial -A -Ride program. He spoke about his concerns regarding completion of the Sunset Crossing Rd. improvements. Don Schad talked about the numerous City projects he has spearheaded JULY 15, 1997 PAGE 2 over the past eight years. Terry Birrell complained about the City Council's proposed Redevelopment Agency adoption prior to placing the matter on the ballot. Mike Goldenberg announced that the D.B.I.A. will hold its first annual "Paint our Town" project and paint two local residences. He asked for volunteers to contact Mr. and Mrs. Ignacio Covarrubias, Dianne Forbing or Bob Zirbes, Frank Dursa opposed giving free rides to Diamond Bar students. He believed the Council should give a City Tile to Don Schad for all his contributions to the City. Wilbur Smith indicated he is concerned that items regarding approval of Redevelopment and removal of eminent domain are in the wrong adoption order. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK - "DWIGHT KENNEDY'S DIXIE KINGS" (Dixieland) - July 16, 1997 - 6:30-8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.2 PLANNING COMMISSION - July 22, 1997 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. - First Public Hearing on Development Code (9 consecutive Tuesdays). 5.3 CONCERTS IN THE PARK - "CRAZY RHYTHM HOT SOCIETY ORCHESTRA" (Roaring 20's) - July 23, 1997 - 6:30-8:00 p.m., Sycamore Canyon Park, 22930 E. Golden Springs Dr. 5.4 PARKS AND RECREATION COMMISSION - July 24, 1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CITY OF DIAMOND BAR'S "NIGHT AT QUAKES STADIUM", Rancho Cucamonga Stadium - July 29, 1997 - 7:15 p.m. 5.6 CONCERTS IN THE PARK - "MID WEST COAST" (Top 40 Contemporary) - July 30, 1997 - 6:30-8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr, 5.7 CITY COUNCIL MEETING - August 5, 1997 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Werner moved, C/Ansari seconded to approve Consent Calendar Items 6.1 through 6.6. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Harmony 6.1 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of May 22, 1997. JULY 15, 1997 PAGE 3 6.2 APPROVED VOUCHER REGISTER - dated July 15, 1997 in the amount of $397,285.76. 6.3 REJECTED CLAIM FOR DAMAGES - Filed by Charmaine Santos June 18, 1997, and referred the matter for further action to Carl Warren & Co., the City's risk manager. 6.4 (A) AWARDED CONTRACT FOR CONSTRUCTION OF SIDEWALKS ON ASPEN GROVE - to Chino Construction in an amount not to exceed $24,990 and authorized a contingency amount of $2,500 for project change orders to be approved by the City Manager, for a total authorization of $27,490. (B) AWARDED CONTRACT FOR PROFESSIONAL INSPECTION SERVICES FOR THE CONSTRUCTION OF SIDEWALKS ON ASPEN GROVE LANE - to Dewan, Lundin & Associates in an amount not to exceed $4,330 and authorized a contingency amount of $500 for project change orders to be approved by the City Manager, for a total authorization of $4,830. 6.5 ADOPTED RESOLUTION NO. 97-72B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 91-72A PRESCRIBING A METHOD OF DRAWING WARRANTS AND CHECKS UPON CITY FUNDS. 6.6 ADOPTED RESOLUTION NO. 97-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, IN SUPPORT OF THE ELECTION OF JOHN FASANA AS VICE CHAIRMAN OF THE METROPOLITAN TRANSPORTATION AUTHORITY. 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 REQUEST TO REVIEW THE DECISION OF THE PLANNING COMMISSION TO APPROVE A PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY AT 24401 DARRIN DRIVE (CUP 96-10 AND DR 96-9) - Continued from July 1, 1997, DCMIDeStefano reported that PacTel requested a 12 month temporary approval with subsequent two year extensions through the public hearing process. He recommended that Council direct staff to prepare a draft resolution for presentation at the August 5, 1997 meeting. Cox Communications does not agree with PacTel's proposal. Following discussion, MPT/Herrera moved, to direct staff to prepare a Resolution for the next City Council meeting to uphold the Planning JULY 15, 1997 PAGE 4 Commission's action and modify the approval with the following two conditions: A 12 month approval with security to be provided by the applicant to guarantee the 12 month temporary approval. C/Werner amended the motion to include the City Council's updated project plans. C/Herrera accepted C/Werner's amendment to her motion. ClWerner seconded the amended motion. Motion carried by the following Roll Call vote; AYES: COUNCIL MEMBERS - Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - Ansari ABSENT: COUNCIL MEMBERS - Harmony 8.2 ORDINANCE 04 (1997): AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A MORATORIUM ON LAND USE ENTITLEMENT FOR WIRELESS COMMUNICATION FACILITIES AND DECLARING THE URGENCY THEREOF - Continued from July 1, 1997, Don Schad spoke against approval of the temporary placement of a Darrin Drive antenna site. Robert Delzman, right-of-way consultant for Metrocom, Inc., stated - there is no need for a moratorium --longstanding existing applications should be exempted --and applications for antennas in commercial areas should be exempted. He urged Council to shorten the length of a moratorium in the event that it imposes a moratorium. Martha Bruske asked how many ordinances have been adopted since City Incorporation and how many have been enforced, and how many CUP's have been adopted and how many are monitored. She asked Council to consider the General Plan's Vision Statement and wishes of the residents. Dr. Lawrence Rhodes repeated the State Attorney General's opinion with respect to emergency ordinances. Jerry Hamilton asked what liability the City would have at the Darrin Dr, site and if the City could require the property owner to have $1,000,000 liability insurance. Mrs. Stipo said she was disappointed that the Council approved the Darrin Dr. installation site. Following discussion, ClWerner moved, C/Ansari seconded, to adopt Urgency Ordinance No. 04(1997) exempting those projects which have received final approval and those structures or facilities proposed to be placed within the City's public right-of-way and other City -owned properties. Motion carried by the following Roll Call vote: JULY 15, 1997 AYES NOES: ABSENT PAGE 5 COUNCIL MEMBERS - COUNCIL MEMBERS - COUNCIL MEMBERS - Ansari, Werner, MPT/Herrera, MIHuff None Harmony 8.3 RESOLUTION NO. 97-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAKING AN ELECTION PURSUANT TO HEALTH AND SAFETY CODE SECTION 33676 - C/Werner moved, MPT/Herrera seconded, to adopt Resolution 97-57. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS A n s a r i, We r n e r, MPT/Herrera, MIHuff NOES- COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Harmony 8.4 SECOND READING OF ORDINANCE NO. 03(1997): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA, Clyde Hennessee read an article from the Daily Bulletin and reiterated his concern about the use of redevelopment. Wilbur Smith said he felt Item No. 8.3 appears to be an effort to clean up loose ends and should have been included in the original documentation. He stated that changes including the exclusion of certain properties were not included in the Redevelopment Plan document. Don Schad asked that redevelopment be placed on the November ballot. He did not understand how the City can consider itself blighted. Debby O'Connor stated that while the City enjoys well maintained residential neighborhoods, there is a significant amount of commercial vacancy which she considers blight. Redevelopment opponents have not offered alternatives to improving the City's economic status which she also considered contributing to blight. Reliance upon reserves without a means to replenish them is no way to run the City. A Redevelopment Agency would allow the City to retain additional tax revenue which the citizens currently pay. She felt that the only alternative to redevelopment is to raise taxes, which is unacceptable to her, and which she believed would be unacceptable to the City's residents. JULY 15, 1997 PAGE 6 Terry Birrell asked that the Redevelopment Agency prepare and distribute a final Redevelopment Plan to the public. She reiterated that she is opposed to redevelopment. Jack Gutowski favored placing the redevelopment issue on the ballot. He did not believe redevelopment will change D.B.'s "bedroom community" atmosphere. Dr. Lawrence Rhodes stated that because current tax money will be returned to the City through redevelopment, he is in favor of a Redevelopment Agency. He asked that Agency plans be subject to the citizen's approval. Lyle Kennedy suggested community rehabilitation work could be paid for by gas tax funds. Jerry Hamilton did not feel the public had been adequately educated about redevelopment. C/Werner moved, MPT/Herrera seconded, to waive full reading, approve second reading and adopt Ordinance No. 03(1997). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS- Ansari, Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Harmony 8.5 CONSIDERATION OF ADOPTION OF AND RESOLUTION ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF AN ADVISORY MEASURE RELATING TO THE ADOPTED REDEVELOPMENT PLAN FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA. A. RESOLUTION NO, 97 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF AN ADVISORY MEASURE RELATING TO THE ADOPTED PLAN FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA IN THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1997, AS CALLED BY RESOLUTION NO. 97-46 - C/Werner moved, C/Ansari seconded, to adopt Resolution No. 97 -XX. Motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Werner NOES: COUNCIL MEMBERS - MPT/Herrera, M/Huff JULY 15, 1997 M PAGE 7 ABSENT: COUNCIL MEMBERS - Harmony B. RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. This item was not considered for adoption due to failure of Agenda Item 8.5A. NEW BUSINESS: 9.1 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING COMMERCIAL VEHICLES OVER FIVE TONS (10,000 POUNDS) FROM PARKING ON BOTH SIDES OF WASHINGTON STREET FROM BREA CANYON ROAD TO SOUTH ALDER LANE. Dr. Lawrence Rhodes expressed concern about the trucks obstructing views of vehicles entering Brea Canyon Rd. from Lincoln Ave. He was not concerned about vehicle weight or refrigeration noise. Mr. Kennedy's vehicles do not present problems to the neighborhood residents. Lyle Kennedy said he is also concerned about line -of -site problems as well as air pollution caused by big rigs left running on Lincoln Ave. for two and three days at a time. Eric Flodine, 21239 Cottonwood Ln., said refrigeration unit noise is a problem for him and his neighbors and expressed concern about aesthetics. He stated there were 8 trucks parked on Lincoln Ave. this evening. Mr. Kennedy suggested the City adopt an ordinance prohibiting trucks from running their engines while parked on City streets. C/Werner moved, C/Ansari seconded, to return this item back to the Traffic & Transportation Commission to provide more public notice, request that the Commission consider additional input received by Council and offer other mitigation options. Motion carried by the following Rorl Call vote: AYES: COUNCIL MEMBERS - Ansari , Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Harmony 9.2 RANCH FESTIVAL REQUEST FOR USE OF PETERSON PARK - JULY 15, 1997 PAGE 8 Steve Johnson, Ranch Festival President, spoke in support of the request for use of Peterson Park. Don Schad explained why he is opposed to permitting the Ranch Festival to take place at Peterson Park. Steven Tye said if he had been present at the last Traffic & Transportation Commission meeting, he would have voted against allowing the Ranch Festival at Peterson Park. He agreed that the Festival had been good for the community; however, Peterson Park is the wrong facility for this event. Gary Neely pointed out the benefits of the Ranch Festival to the community- He asked that Council consider giving $5,000 to the Festival for preparation of the Corporate Center location. Following discussion, MIHuff moved, MPT/Herrera seconded, to sustain the Parks & Recreation Commission's denial of the request and to direct staff to work with the Ranch Festival to develop other options. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Werner, MPT/ Herrera, MIHuff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Harmony RECONVENE TO REDEVELOPMENT AGENCY MEETING - 11;30 p.m. RECONVENE CITY COUNCIL MEETING: 11:43 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: None 11. COUNCIL COMMENTS: None 12. ANNOUNCEMENTS: None 13. ADJOURNMENT: There being no further business to conduct, MIHuff adjourned the meeting at 11:43 p.m. LYNDA BURGESS, City Clerk ATTEST: May r