HomeMy WebLinkAbout05/20/1997 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MAY 20, 1997
BUDGET WORK SESSION: 4:45 P.M. - Room CC - 8
Present: Mayor Huff; Mayor Pro Tem Herrera;
Council Members Ansari and Harmony; Terrence L. Belanger, City Manager;
James DeStefano, Community Development Director; Bob Rose, Community
Services Director; Captain Martinez, Walnut Sheriffs Department; Lt.
Stoddard, Walnut Sheriffs Department; Linda Magnuson, Finance Manager;
Rose Manela, Senior Engineer; Kellee Fritzal, Assistant to the City Manager
and Lynda Burgess, City Clerk.
Following an overview of the proposed budget, revenues, appropriations and
expenditures, Captain Martinez summarized the Sheriffs budget. He stated
the crime rate is down 35% and traffic accidents are up 5% from calendar
year 1996.
Debby O'Connor suggested that the Sheriff include funds for the new
Diamond Ranch High School opening in September, 1997 with approximately
500 students.
C/Ansari recommended consideration of a second vehicle for patrolling the
area around the high schools since there is such a large distance between
the schools.
The work session adjourned at 6:32 p.m.
CLOSED SESSION: None
2. CALL TO ORDER: Mayor Huff called the meeting to order at
6:54 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 Ansari.
INVOCATION: Dr. Wiley, Northminster Presbyterian
Church
ROLL CALL: Council Members Ansari, Harmony,
Werner, Mayor Pro Tem Herrera and 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.
MAY 20, 1997 PAGE 2 CITY COUNCIL,
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Presented Certificates of Recognition to Junior Women's Club Annual
Spelling Bee Contestants: Samuel Ahn, 3rd Place; Ryan Lau, 2nd
Place; and Christy Bagaygay, 1 st Place.
3.2 Presented City Tile to Lanterman Developmental Center upon the
celebration of their 70th Anniversary.
4. PUBLIC COMMENTS: Clyde Hennessee again thanked the
Council for completion of the Sunset Crossing Road cul-de-sac. He asked
when Diamond Bar will be putting landscaping and lighting district
assessments on the ballot.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PARKS & RECREATION COMMISSION - May 22, 1997 - 7:00 p.m,
AQMD Board Hearing Room, 21865 E. Copley Dr.
5.2 PLANNING COMMISSION - May 27, 1997 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.3 CITY COUNCIL MEETING - June 3, 1997 - 6:30 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.4 PLANNING COMMISSION - June 10, 1997 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.5 TRAFFIC & TRANSPORTATION - June 12, 1997 - 6:30 p.m., AQMD
Board Hearing Room, 21865 E. Copley Dr.
6, CONSENT CALENDAR: C/Werner moved, MPT/Herrera seconded
to approve the Consent Calendar with the exception of Items 6.1.1, 6.1.2,
6.5, 6.6 and 6.7. 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
6.2 VOUCHER REGISTER - Approved Voucher Register dated May 20,
1997, in the amount of $262,528.59.
6.3 REJECTED CLAIM FOR DAMAGES - Filed by Jeannie Schmitz April
2, 1997, and referred the matter for further action to Carl Warren &
Co., the City's Risk Manager.
6.4 APPROVED NOTICE OF COMPLETION FOR SUNSET CROSSING
ROAD CUL-DE-SAC IMPROVEMENT PROJECT for construction
performed by E.C. Construction Co, Inc. and authorized the City Clerk
to file the Notice of Completion and to release any retention amounts
35 days after the recordation date.
MAY 20, 1997 PAGE 3 CITY COUNCIL
6.8 AWARDED CONTRACT FOR CONSTRUCTIONIRETROFIT OF
HANDICAP ACCESS RAMPS IN THE CITY OF DIAMOND BAR
PROFESSIONAL INSPECTIONS SERVICES - to Hall & Foreman,
Inc. in an amount not to exceed $3,700 and authorized a contingency
amount of $500 for project change orders to be approved by the City
Manager for a total authorization amount of $4,200.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.1 APPROVED MINUTES:
6.1.1 Town Hall Meeting of May 3, 1997 - To be corrected as
requested by C/Ansari.
6.1.2 Regular Meeting of May 6, 1997 - As corrected.
6.5 ADOPTED RESOLUTION NO. 97-35: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF
THE CALIFORNIA STREETS AND HIGHWAY CODE WITH
RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT
DISTRICT NO. 38; AND DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING
MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1997-
98; AND FIXING A TIME AND PLACE FOR A HEARING OF
OBJECTIONS THEREON - approved the Engineer's Report and
directed the City Clerk to advertise a public hearing to be held on June
17, 1997.
6.6 ADOPTED RESOLUTION NO. 97-36: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF
THE CALIFORNIA STREETS AND HIGHWAY CODE WITH
RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT
DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING
MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1997-
98; AND FIXING A TIME AND PLACE FOR A HEARING OF
OBJECTIONS THEREON - approved the Engineer's Report and
directed the City Clerk to advertise a public hearing to be held'on June
17, 1997.
6.7 ADOPTED RESOLUTION NO. 97-37: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF
THE CALIFORNIA STREETS AND HIGHWAY CODE WITH
RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT
DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING
MAY 20, 1997 PAGE 4 CITY COUNCIL
MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1997-
98; AND FIXING A TIME AND PLACE FOR A HEARING OF
OBJECTIONS THEREON - approved the Engineer's Report and
directed the City Clerk to advertise a public hearing to be held on June
17, 1997.
Following discussion, C/Werner moved, C/Ansari seconded, to
approve Consent Calendar Items 6.1. 6.5, 6.6 and 6.7 as
recommended by staff. Motion carried by the following Roll Call vote:
AYES
NOES:
ABSENT:
7. OLD BUSINESS:
COUNCIL MEMBERS -
COUNCIL MEMBERS -
COUNCIL MEMBERS -
Ansari, Harmony, Werner,
MPT/Herrera, MIHuff
None
None
7.1 ORDINANCE NO. 0X(1997): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ENACTING A
VOLUNTARY EXPENDITURE CEILING FOR CITY ELECTIONS -
Following discussion, C/Ansari moved, MIHuff seconded, to adopt
Ordinance No. 02(1997) as an urgency measure with a voluntary
expenditure ceiling for a one time donation of $250 limited to a total
contribution amount equal to 50 cents per Diamond Bar resident
(approximately $28,000). Motion failed by the following Roll Call vote:
(415ths vote required for adoption of an urgency ordinance).
AYES: COUNCIL MEMBERS - Ansari, MPT/Herrera, MIHuff
NOES: COUNCIL MEMBERS - Harmony
ABSTAIN: COUNCIL MEMBERS - Werner
C/Ansari moved, MPT/Huff seconded, to approve for first reading by
title only Ordinance No. 02(1997) enacting a voluntary expenditure
ceiling for City elections in an amount equal to 50 cents for each D.B.
citizen. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Harmony, MIHuff
NOES: COUNCIL MEMBERS - MPT/Herrera
ABSTAIN: COUNCIL MEMBERS - Werner
7.2 ORDINANCE NO. 0X(1997): AN ORDINANCE OF THE CITY OF
DIAMOND BAR ESTABLISHING A MORATORIUM ON LAND USE
ENTITLEMENTS FOR WIRELESS COMMUNICATION FACILITIES
AND DECLARING THE URGENCY THEREOF - Arlene Britt said that
she visited the site and that the antennas are visible from one side of
the property. She indicated that without the installation of landscaped
berms high enough to cover the installation, the project is not
acceptable to her.
MAY 20, 1997 PAGE 5 CITY COUNCIL
CM/Belanger reminded Council that the subject under discussion is
not a specific project, but whether or not to adopt an ordinance
imposing a general moratorium. He asked the Council to exclude
applications in the "pipeline" from the moratorium.
Jeff McHaddad spoke against the necessity of establishing a
moratorium.
Ben Lyon, PacBell Mobile Communications, agreed that the City
needs to establish new guidelines but disagreed with establishing a
moratorium. He cited Code Section 65858 which states that there
must be a "current and immediate threat to the public health, safety or
welfare." He asked what threat exists.
Dr. Jerry Bushberg, Pacific Bell Mobile Services consultant, spoke to
the health and safety concerns of cellular installations.
In response to C/Harmony, Dr. Bushberg stated that the radiation
exposure to a cellular telephone user is much greater than to
individuals living within the proximity of a cellular site.
In response to C[Werner, Dr. Bushberg stated that the FCC has set
a national standard for cellular sites. The Telecommunications Act
says that local and city governments are prohibited from denying
applications based on environmental emissions and health and safety
considerations provided that the utilities comply with the emissions
levels as directed by the FCC. If the cumulative exposures of a site
are below the standards, they are considered to be safe and
appropriate. Each site has a relatively small fraction of permissible
exposure in its particular environment. The provisions of the
Telecommunications Act do not prohibit cities or local governments
from requesting verification that emissions of a particular facility or the
cumulative effect of facilities fall within the FCC's exposure standards.
Medical facilities often accommodate a variety of mobile and cellular
antennas for emergency purposes which do not in any way pose a
threat to patients due to the directionality of the antenna.
In response to C/Ansari, Dr. Bushberg explained that each facility is
monitored on its own merits. Sites must individually and collectively
meet the FCC safety standards.
In response to ClAnsari's questions regarding unscrupulous providers,
Dr. Bushberg explained that providers purchase equipment with power
close to the level required for the facility. If the provider turned up the
power, the systems would overlap and cause a cross communication
of the signals.
Jim Marquez, Cox/Sprint PBS, spoke in opposition to imposition of a
MAY 20, 1997 PAGE 6 CITY COUNCIL
moratorium on cellular facilities.
Martha Bruske supported a cellular facilities moratorium,
Mary Yuen asked Council to adopt an urgency moratorium. There are
17 installations in the City and the City does not know the effects to
citizens of long term, short level exposures. In addition, these types
of installations may devalue property.
Dr. Lawrence Rhodes did not believe the City needed to adopt an
urgency measure but agreed that an ordinance should be prepared to
regulate cellular site installations.
Clyde Hennessee agreed with Dr. Rhodes.
Craig Clute believed there is an urgency to understand the City's
direction with respect to cellular sites. He supported temporary
suspension of all cellular telecommunications within the City until a
Citywide policy is established.
Don Schad asked what proof the City has that EMI= radiation is not
harmful to citizens. He requested that Council proceed to implement
a moratorium.
Following discussion, C/Werner moved, C/Harmony seconded, to
adopt an urgency ordinance establishing a moratorium on land use
entitlements for wireless communications facilities. Motion failed by
the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner
NOES: COUNCIL MEMBERS - MPT/Herrera, M/Huff
ABSENT: COUNCIL MEMBERS - None
C/Ansari moved to adopt an urgency ordinance establishing a
moratorium on land use entitlements for wireless communications
facilities excluding applications which have been deemed complete
prior to the effective date of this ordinance. Motion withdrawn.
C/Ansari moved, MPT/Herrera seconded, to continue Item 7.2 to June
3, 1997. Motion carried unanimously by the following Roll Call vote:
AYES-
NOES-
ABSENT:
YES:NOES:ABSENT:
8. NEW BUSINESS:
COUNCIL MEMBERS -
COUNCIL MEMBERS -
COUNCIL MEMBERS -
None
Ansari, Harmony, Werner,
MPT/Herrera, M/Huff
None
None
MAY 20, 1997 PAGE 7 CITY COUNCIL
RECESSED TO DIAMOND BAR REDEVELOPMENT AGENCY MEETING: 9:15
p.m.
RECONVENE: M/Huff reconvened the City Council Meeting at 10:15 p.m.
ChaiNWerner declared the joint meeting of the Redevelopment Agency and City
Council in session at 10:15 p.m.
9. PUBLIC HEARINGS:
9.1 ACTIONS RELATING TO THE JOINT PUBLIC HEARING IN
CONNECTION WITH THE REDEVELOPMENT PLAN AND
RELATED ENVIRONMENTAL IMPACT REPORT FOR THE
DIAMOND BAR ECONOMIC REVITALIZATION AREA - Chair/Werner
stated that documents under consideration include the
Redevelopment Plan, the Final Environmental Impact Report and
proceedings related thereto. The Redevelopment Agency adopted a
resolution earlier requesting the Planning Commission to prepare its
report and recommendation in connection with excluding certain
territory from the project area. The Planning Commission will consider
a resolution making its report and recommendation on the exclusion
of territory from the project area at its May 27, 1997 meeting. Agency
staff and consultants will describe the territory proposed to be
excluded from the project area during their presentations this evening.
Following receipt of public testimony this evening, the Agency and City
Council will consider a motion to close the Joint Public Hearing
regarding the Environmental Impact Report and to continue the Joint
Public Hearing on the Redevelopment Plan until its meeting of June
3, 1997 at 7:00 p.m, in the City Council chambers for the sole purpose
of considering the exclusion of territory from the project area.
ACA/Susskind explained that the notice of the Joint Public Hearing
was published and mailed to property owners, residents and affected
taxing agencies in accordance with Community Redevelopment Law.
Felise Acosta, Rosenow Spevacek Group, Inc., made a presentation
on the Redevelopment Plan for the Diamond Bar Economic
Revitalization Area.
Patrick Mann, Cotton/Beland/Associates, Inc. presented the Final
Environmental Impact Report and indicated that comments on the
Draft Environmental Impact Report were received from six agencies.
Responses to those six agencies were included in the Final EIR.
Ms. Acosta presented the report to Council which was prepared
pursuant to California Redevelopment Law Section 3352 to provide
Council and Redevelopment Agency with the required documentation
for consideration and action.
MAY 20, 1997 PAGE 8 CITY COUNCIL
CM/Belanger stated that all taxing agencies with a right -to -notice have
received documents in accordance with the law. Notice was
transmitted to property owners within the proposed project area. All
requirements of publishing notice set forth by the Revitalization Law
were complied with.
Chair/Werner identified the written documents received by Council
and the Redevelopment Agency from affected property owners.
Patrick Mann stated no additional written comments had been
received with respect to the Final EIR.
ChairlWerner opened the public hearing.
Louis Marcellin, Walnut Valley Trailers, 850 Brea Canyon Rd., stated
that he had seen positive results from redevelopment agencies in
other cities and that redevelopment would be positive in D.B. He
suggested that Council remove the eminent domain powers set forth
in the Redevelopment Plan.
Wilbur Smith expressed concern about the Preliminary Plan in that the
City appears to be interested in making cosmetic changes and not --
addressing the blight problems. He felt the Plan does not address
itself to attracting the 70% of the citizenry that shop outside of the
C ity.
Gilbert Smith, Chairman, Redevelopment Agency Ad Hoc Committee
and D.B. resident, said the Committee reviewed all Agency
documents and unanimously supported adoption of the plan.
Clyde Hennessee asked who would repay the City for borrowed
Redevelopment Agency monies.
Murray Kane objected to a five-minute speaker limit due to the
imposition of 12 years of eminent domain. He submitted a 28 -minute
videotape and a 7 -minute videotape. He claimed the City's General
Fund will lose $13,000,000 because of Redevelopment and that
services will be lost. He further claimed that $90,000,000 must be
spent on low, very low and moderate income housing in the City. The
project is not predominately urbanized. He disagreed with staffs
percentage of urbanization. He indicated that no unsafe or unhealthy
buildings had been identified.
Richard Tooms expressed concern about the Redevelopment Plan
eliminating City parks. The City needs a "pooch" park.
Terry Birrell felt it was unfortunate that there is not a realistic dialogue
about redevelopment. A number of open space areas are erroneously
MAY 20, 1997 PAGE 9 CITY COUNCIL
considered to be urban under the plan. She did not believe that the
Commissions that authorized building permits can now be trusted to
solve the City's blight problems. She asked for required development
funds to be identified. She agreed with a prior speaker who said
people move to D.B. to avoid blight.
Lily Wu reiterated that human nature is opposed to change. She
believed that the City should move to change for the better.
Redevelopment is an opportunity for property owners to improve their
properties over a 30 year period.
Eric Stone did not understand why only a portion of his property is
included in the Redevelopment Plan and felt that the split will
potentially diminish his property's potential.
Art O'Daly, representing the Chamber of Commerce, indicated the
Chamber Board voted unanimously to support the Redevelopment
Plan.
In response to Mr. Hennessee, CM/Belanger reiterated that if the
project area does not generate sufficient monies to repay loans,
Redevelopment Agency loans remain unpaid. He again explained
AB1290. No additional monies are required to be paid by property
owners over and above the current property tax which is based upon
assessed value. Property owners in the redevelopment area are not
obligated to repay any debt incurred by the Redevelopment Agency.
In response to ChairNVerner, CWBelanger explained that the agency
is required to provide written responses to citizen's written concerns.
The agency has no such obligation with respect to verbal comments.
However, because it is not an obligation does not mean that the
Redevelopment Agency would not instFuct staff to provide responses
to all oral comments made during this meeting and enter the
responses into the record.
AM/Ansari felt the public hearing should be continued to an earlier
hour on June 3, 1997, because several citizens who wished to speak
on this matter had left the auditorium.
VC/Huff believed citizens had been afforded the opportunity to submit
written requests and that the public had been heard. He asked staff
to furnish written responses to the oral comments presented this
evening. If people have further questions, there is no need to have
them answered in a public forum.
VC/Huff moved, AM/Herrera seconded, to close the Public Hearing on
the Environmental Impact Report and continue the Joint Public
Hearing on the Redevelopment Plan to June 3, 1997 at 7:00 p.m. in
MAY 20, 1997 PAGE 10 CITY COUNCIL
the Council Chambers for the sole purpose of considering the
exclusion of certain territories from the Diamond Bar Economic
Revitalization Area.
AM/Ansari asked that the following be entered into the record: "I am
not against redevelopment, I am against this process being cut short.
I think there were some people that wanted to be heard."
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS/AGENCY MEMBERS - Herrera,
VC/Huff, Chair[Werner
NOES: COUNCIL MEMBERS/AGENCY MEMBERS - Ansari,
Harmony
AB_ENT: COUNCIL MEMBERS/AGENCY MEMBERS - None
RECESSED TO REDEVELOPMENT AGENCY MEETING FOR CONTINUATION
OF THE AGENCY'S AGENDA: 11:37 p.m.
RECONVENE CITY COUNCIL MEETING: 11:37 p.m.
10. COUNCIL SUB -COMMITTEE REPORTS: None —
11. COUNCIL COMMENTS: None
12. ANNOUNCEMENTS: None
13. ADJOURNMENT: There being no further
business to conduct, M/Huff adjourned the meeting at 11:37 p.m. to June 3,
1997 at 6:30 p.m.
LYNDA BUR.C;_.SS, Ci:y Clerk
ATTEST:
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