HomeMy WebLinkAbout04/01/1997 Minutes -Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
APRIL 1, 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: Ganesha High School JROTC presented
the Colors. The Pledge of Allegiance was led by Mayor Pro Tem Herrera.
INVOCATION: Reverend John Song, Harvest Fellowship
ROLL CALL: Council Members Ansari, Harmony, Mayor
Pro Tem Herrera and Mayor Huff. Council Member Werner was absent.
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.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Proclaimed April 7-13, 1997 as "Public Health Week".
4. PUBLIC COMMENTS: Jerry Hamilton spoke about his
participation in the Pasadena Senior Olympics. He felt that D.B. lacks
sporting activities for seniors and should consider joining with the rest of the
San Gabriel Valley to provide these activities.
Martha Bruske asked who would maintain the current and proposed bus
shelters with respect to Consent Calendar Item 6.11. She said she did not
like the look of the concrete benches.
Don Schad asked if the Mayor, Mayor Pro Tem and City Manager met with
Supervisor Knabe to request that he withhold release of Prop A funds for
purchase of Tonner Canyon property. He expressed concern about Council's
intentions with respect to Tres Hermanos. He requested an accounting of
expenditures for the City-wide master plan.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION - April 8, 1997 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.2 TRAFFIC & TRANSPORTATION COMMISSION - April 10, 1997 -
7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.3 CITY COUNCIL MEETING - April 15, 1997, 6:30 p.m., AQMD
APRIL 1, 1997
PAGE 2
Auditorium, 21865 E. Copley Dr.
5.4 CITY ANNIVERSARY CELEBRATION - April 20, 1997 - Peterson
Park, 12:00 noon - 5:00 p.m.
5.5 TOWN HALL MEETING (Economic Revitalization Area Plan) - May 3,
1997 - 9:00 a.m. to 12:00 noon., AQMD Auditorium, 21865 E. Copley
Dr.
6. CONSENT CALENDAR: C/Ansari moved, MPT/Herrera seconded,
to approve the Consent Calendar with the exception of Items No. 6.1, 6.9 and
6.11. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/Herrera,
M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Werner
6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES:
6.2.1 Regular Meeting of January 28, 1997.
6.2.2 Regular Meeting of February 11, 1997.
6.2.3 Regular Meeting of February 25, 1997.
6.3 RECEIVED & FILED PARKS & RECREATION COMMISSION
MINUTES:
6.3.1 Regular Meeting of January 9, 1997.
6.2.2 Regular Meeting of February 13, 1997.
6.4 APPROVED VOUCHER REGISTER - dated April 1, 1997 in the
amount of $498,472.12.
6.5 REVIEWED AND APPROVED TREASURER'S REPORT - Month of
February, 1997.
6.6 EXONERATED RECLAIMED WATER IMPROVEMENT BOND FOR
TRACT 48487 (C&A Developers) - Bond No. 184740S of Developers
Insurance Company for Reclaimed Water and directed the City Clerk
to notify the principal and surety of these actions.
6.7 ADOPTED RESOLUTION NO. 97-22: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
PANTERA PARK AND AUTHORIZING AND DIRECTING THE CITY
CLERK TO ADVERTISE TO RECEIVE BIDS.
6.8 ADOPTED RESOLUTION NO. 97-23: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
APRIL 1, 1997 PAGE 3
PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNALS
CONSTRUCTION ON DIAMOND BAR BOULEVARD AT GOLDRUSH
DRIVE AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS,
6.10 AWARDED CONTRACT FOR INSPECTION SERVICES FOR TRACT
47850 IMPROVEMENT PROJECTS - to Hail & Foreman for private
development improvements in an amount not -to -exceed $42,154.84.
CMlerner arrived at 7:10 p.m.
MATTERS WITHDRAWN FROM CONSENT CALENDAR: Fallowing discussion,
MPT/Herrera moved, C/Ansari seconded, to approve Consent Calendar items 6.1,
6.9 and 6.11. 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 MINUTES - Regular Meeting of March 18, 1997, as
corrected.
6.9 ADOPTED RESOLUTION NO. 97-24: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
SPECIFICATIONS FOR THE CONSTRUCTION/RETROFIT OF
HANDICAP ACCESS RAMPS IN SAID CITY AND AUTHORIZING
AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE
BIDS.
6.11 APPROVED AMENDMENT NO. I TO BUS STOP SHELTERS
CONTRACT TO ADD FOUR (4) ADDITIONAL BUS SHELTERS - with
Metro Display Advertising, Inc. to add shelters at: northbound D.B.
Blvd. at south side of Silver Hawk Dr., southbound D.B, Blvd, at south
side of Tin Dr., southbound D.B. Blvd. at south side of Clear Creek
Canyon Dr. and northbound D.B. Blvd. opposite Acacia Hill Dr.
7. PUBLIC HEARINGS: None
8. OLD BUSINESS:
8.1 ORDINANCE NO. 1 (1997): AN ORDINANCE OF THE CITY OF
DIAMOND BAR AUTHORIZING THE RENEWAL OF A CABLE
TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND
JONES INTERCABLE, INC. AND CONCURRENTLY AUTHORIZING
THE ASSIGNMENT OR TRANSFER OF THAT FRANCHISE
AGREEMENT BY JONES INTERCABLE, INC. TO CITIZENS
APRIL 1, 1997 PAGE 4
CENTURY CABLE TELEVISION VENTURE - Continued from March
18, 1997.
In response to ClHarmony, CM/Belanger stated that the agreement
has not been amended to reflect an accelerated technical
improvement schedule. The agreement indicates immediate
improvements to the system by creating fiber hubs within two years
of agreement date. Within the first five years of the agreement, there
will be a complete system upgrade.
Janet Spatz, General Manager, Jones Intercable, responded to
ClHarmony that the Supreme Court "must carry" provision decision
has no impact on local origination because Jones Intercable is
currently in compliance with the law. She explained the provisions of
the "must carry" rule.
C1Ansari thanked Jones Intercable for including provisions for a small
broadcast studio.
In response to Jerry Hamilton, CM/Belanger explained that Council
Meeting televising will continue on the same basis as currently exists.
D.B. may ask to have local origination programming for 20 to 25
events. As an example, Concerts in the Park, the City Anniversary
Celebration and other events will be televised as requested by the
City.
MPT/Herrera moved, C/Werner seconded, to approve for first reading
by title only and waive full reading of Ordinance No. 01 (1997).
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS- Ansari, Werner,
MPT/Herrera, MIHuff
NOES: COUNCIL MEMBERS - Harmony
ABSENT: COUNCIL MEMBERS - None
8.2 PARKS & RECREATION COMMISSION VACANCY APPOINTMENT
- Due to the passing of Oscar Law, a new Commissioner must be
appointed. C1Werner requested a continuance to April 15, 1997.
8.3 RESOLUTION NO. 96-02A - RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR PROVIDING FOR THE
INSTALLATION OF "NO COMMERCIAL TRUCKS" SIGNS ON
FOUNTAIN SPRINGS ROAD AT BREA CANYON ROAD AND -
WESTERLY OF THE COUNTRY HILLS TOWNE CENTER
DRIVEWAY ON COLD SPRING LANE AT BREA CANYON ROAD
AND DIAMOND BAR BOULEVARD, "NO PARKING, LOADING
ONLY" SIGNS IN FRONT OF CASTLEROCK ELEMENTARY
APRIL 1, 1997 PAGE 5
SCHOOL, "NO U-TURN" SIGNS AT THE INTERSECTION OF
EVERGREEN SPRINGS DRIVE AT BIRCH HILL DRIVE AND AT
LOST RIVER DRIVE, "NO PARKING, 7-3, SCHOOL DAYS ONLY"
SIGNS ON BOTH SIDES OF EVERGREEN SPRINGS DRIVE
BETWEEN PATHFINDER ROAD AND BIRCH HILL DRIVE, "NO
PARKING ANYTIME" SIGNS ON FOUNTAIN SPRINGS ROAD
FROM DIAMOND BAR BOULEVARD TO CROOKED CREEK DRIVE,
REMOVING ONE HUNDRED SEVENTY FEET OF RED CURB AND
FOUNTAIN SPRINGS ROAD FROM DIAMOND BAR BOULEVARD
TO CROOKED CREEK DRIVE, PAINTING RED CURBS ALONG
CURVATURES ON RISING STAR DRIVE, CROOKED CREEK
ROAD, HARMONY HILL DRIVE, HIDDEN PINES DRIVE AT
SUNBRIGHT DRIVE, AND SUNBRIGHT DRIVE AT SILVER CLOUD
DRIVE, AND REMOVING THE "NO LEFT -TURN" SIGN AT THE
DRIVEWAY EXIT OF COUNTRY HILLS TOWNE CENTER AT
FOUNTAIN SPRINGS ROAD.
C/Ansari stated she felt it was inappropriate for Council to act on this
item if it had not been reviewed by the Traffic & Transportation
Commission.
PWD/Wentz responded that this report is consistent with the report
presented to the Traffic & Transportation Commission in November,
1996 with the exception of the discussion before Council related to the
red curbing modification immediately west of the Country Hills Towne
Center driveway on Fountain Springs Rd.
Roger Meyer, 2634 Crooked Creek Dr., asked Council not to install
red curbing in front of his house. He was pleased the "No Left Turn"
sign will be removed from the shopping center exit on Fountain
Springs Rd.
Barbara Kildee, 21515 Birch Hill Dr., stated that she was in favor of a
"No U -Tum" sign at Evergreen Springs and Birch Hill Drs. However,
they are not effective. She asked for on-going enforcement. She
pointed out that school students are making U-turns on Pathfinder Rd.
at Evergreen Springs Dr. on weekday mornings which makes it
increasingly difficult for her to exit her driveway.
Craig Clute, 21217 Fountain Springs Rd., pointed out that this item
stemmed from a request by neighborhood residents for vehicle speed
reduction and vehicle volume reduction. Average vehicle speeds
have been reduced. However, the vehicle volume remains high. DKS
Associates and the Traffic & Transportation Commission
recommended action to mitigate cut -through traffic volumes. The
Traffic Commission has removed the only volume reduction measure
and presented no alternate plan. He expressed concern about the
APRIL 1, 1997 PAGE 6
accuracy of the DKS Associates study with respect to cut -through
traffic in his neighborhood. He asked Council to consider installation
of "Please Respect the Neighborhood" signs at the shopping center
egress.
CA/Verner moved, C/Ansari seconded, to forward staffs
recommendations and DKS Associates report to the Traffic &
Transportation Commission for review and recommendation back to
Council.
C/Ansari asked that the portion of the Council minutes pertaining to
this item be forwarded to the Traffic & Transportation Commission.
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
9. NEW BUSINESS:
9.1 DISCUSSION OF TRES HERMANOS PLANNING PROCESS -
M/Huff stated that this matter was placed on the agenda at his
request. He and MPT/Herrera met with the Chino Hills Mayor and
Mayor Pro Tem last year. Part of the discussion centered around the
Tres Hermanos property which is located within the boundaries of
both cities and is owned by the City of Industry. Industry originally
purchased the property to house two reservoirs - a reclaimed water
reservoir on the upper section and a potable water reservoir on the
lower section. He said the reclaimed water reservoir will most likely
be constructed. However, the potable water reservoir is on hold
because of the Eastside reservoir construction near Hemet which is
designed to meet the needs of the Metropolitan Water District for
some time in the future. A large portion of land east of D.B. remains
unused. The original purpose for purchase of this land may no longer
exist. The question is whether D.B. wishes to proceed in a proactive
manner to influence the use of the land. For this reason, a draft
proposal has been written to provide for the long term land use,
transportation planning and environmental conservation of the Tres
Hermanos Ranch area. Currently, Chino Hills has a road that runs
through the bottom of Tonner Canyon. The D.B. General Plan
contemplates moving the roadway from the bottom of Tanner Canyon
to outside of the SEA. Any matters affecting the Tres Hermanos
Ranch area will have transportation implications. This is an attempt
APRIL 1, 1997 PAGE 7
to put this matter on the table before the public and for Council's
consideration. The draft proposal had not been discussed with Chino
Hills or with City of Industry.
C/Harmony asked MIHuff with whom the idea of a proposal originated
and whether he has discussed the matter with other parties.
C/Werner referred C/Harmony to Resource Management Element
Strategy 1.3. He stated that he briefly spoke with M/Huff and Gary
Neely regarding the matter. He indicated that past Councils had
entered into discussions with the City of Industry regarding this matter.
As a result of the General Plan adoption and as avenues of
implementation are pursued, this matter becomes one additional
important land use strategy that needs to be considered.
ClHarmony stated that while the City of Industry is a public agency in
its own jurisdiction, it is not a public agency in the Tres Hermanos
Ranch area- -it is a private developer. The proposal gives City of
Industry a vote on the Board of Directors. In addition, City of Industry
has the power of eminent domain. The proposed agreement grants
control of the JPA to City of Industry. He indicated he was not
pleased with the City of Industry's track record with respect to their
response to neighboring community needs and desires. He
suggested the proposed agreement would "put the fox in charge of the
hen house" and expressed concern that other developers may have
a vote with respect to issues that relate to public taxes.
C/Ansari suggested that Council consider changing the General Plan
with respect to Tres Hermanos Ranch land use prior to proceeding
with a joint agreement draft.
C/Werner stated that, in his opinion, planning is by its very nature,
premature. He felt that there were major legitimate land use issues
regarding Tres Hermanos Ranch confronting D.B. He believed that
the City needs to move forward with discussions involving Chino Hills
and City of Industry.
MPT/Herrera asked Council not to over react to this matter. She felt
that the community depends on Council to display leadership and, in
her opinion, leadership is occurring. She further felt that it was
important for Council to be proactive rather than reactive and that D.B.
voters expect the City's government to plan toward controlling the
City's destiny instead of being victimized by outside entities. This
matter provides an opportunity for the City to be proactive. City of
Industry is a major property holder and, therefore, holds the right to
participate and vote on this item. She asked Council to direct the
subcommittee to begin pursuing direction with Chino Hills.
APRIL 1, 1997 PAGE 8
MIHuff felt that the City of Industry should be granted primary authority
because they are a major land holder. He indicated he proposed a
Joint Powers Authority because it has clear and concise authority, a
funding mechanism and is designed for success. Contrary to
speculation, he has not found anywhere within the City's General Plan
that $300,000,000 had been designated for a Chino Hills Expressway.
He expressed concern that if the Tres Hermanos Ranch land use is
ignored, the City may suffer the consequences of its inaction. He
stressed the need for cooperative efforts with City of Industry and
Chino Hills. He reiterated that his purpose for presenting the
proposed document was to request that Council authorize the
subcommittee to present a copy to Chino Hills and City of Industry for
their consideration and comments.
Martha Bruske asked how many D.B. residents know the location of
the Tres Hermanos Ranch. She asked why there is a rush to discuss
this item when there are, in her opinion, so many unresolved problems
in the City. She cited the lack, of traffic enforcement, lack of
communication in the City, group homes, and business sign violations
as a few of the problems she would like Council to address. She
believed the City should be proactive; however, she was suspicious
that there is a connection between the current discussion about Tres
Hermanos Ranch and a roadway through Tonner Canyon. She said
she cannot tell whether the Council is representing her or special
interest groups.
Debby O'Connor believed that most North D.B. residents know the
location of the Tres Hermanos Ranch. She reminded Council that,
through the joint efforts of the Industry Redevelopment Agency and
the Pomona Unified School District, Diamond Ranch High School
Ranch was acquired for $1.00. She stated that proactive involvement
can render positive results and agreed with the majority of Council
that the City should be proactive rather than reactive.
Joe McManus stated that he did not understand why any member of
Council would intentionally ignore pursuit of any goal, objective and
strategy outlined in the City's General Plan - especially when
considering the community's level of involvement in writing the
document. It should be clear to all by now that the electorate has
spoken regarding this matter and it should not be subject to debate.
To vote to constrain efforts designed to implement provisions 'of a
voter approved General Plan is a vote against the community's best
interests and should be considered an abrogation of the Council's
fiduciary responsibility. He stated he had an extremely difficult time
with the concept of removing a property owner's voice from
consideration of their property use. The agenda item addresses
specific strategies outlined in the citizen approved General Plan. He
APRIL 1, 1997 PAGE 9
concurred with the proposal for the City to join forces with those cities
immediately contiguous to its boundaries - Chino Hills and City of
Industry - to achieve General Plan goals. He knew of no one who
wants Tonner Canyon proper or Tres Hermanos Ranch developed for
residential, commercial or industrial uses. He further stated that it is
clear that the intent of WCCA actions betray their concern for local
control. Alternatively, the City's immediate neighbors share local
concerns and would be much more amiable partners as the City
pursues the best interest of D.B. citizens and the community. He
urged Council to go forward with the JPA.
Don Schad asked for clarification of Item 1.1 of the proposed draft.
He stated that the Wildlife Conservancy Authority is pursuing specific
goals.
C/Harmony suggested that Council hold a Public Hearing on the City
of Industry's economic development plan. He said that WCCA has a
good conservation track record and the agency is supported by
Supervisor Knabe.
C/Ansari believed the City should revisit the General Plan with respect
to Tres Hermanos Ranch land use, establish a relationship with the
City of Industry, and continue communicating with Chino Hills before
pursuing a draft proposal for a Joint Powers Authority.
ClWerner believed the proposed draft created the planning
opportunities C/Ansari seeks.
ClWerner moved, MPT/Herrera seconded, to direct staff and the
subcommittee to pursue discussions with neighboring cities and
analyze the draft proposal, along with other proposals to assist in the
implementation of the General Plan as it relates to Tres Hermanos
Ranch.
MPT/Herrera stated that the San Bernardino $300,000,000 1991
roadway agreement referred to by C/Harmony expired in 1994 and is
no longer in effect.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Werner, MPT/Herrera, MIHuff
NOES: COUNCIL MEMBERS - Ansari, Harmony
ABSENT: COUNCIL MEMBERS - None
9.2 CITY MANAGER EVALUATION PROCESS - MPT/Herrera asked
Council Members to return the City Manager evaluation forms to the
subcommittee by April 11, 1997. Information regarding accomplished
APRIL 1, 1997 PAGE 10
goals will be presented at the April 15, 1997 Council meeting.
RECESSED TO DIAMOND BAR REDEVELOPMENT AGENCY MEETING: 9:18
p.m.
RECONVENE: MIHuff reconvened the City Council Meeting at 9:31 p.m.
10. COUNCIL SUB -COMMITTEE REPORTS: C/Ansari stated that she
attended the SCAG meeting regarding "takings" (taking of property with the
Desert Protection Act) and transportation, water and finance issues. She
visited the Water District's new Eastside Reservoir Site in Hemet and that the
tour will be conducted on Saturday, April 19, 1997. She said she and
MPT/Herrera met with the Economic Development committee earlier in the
day.
MIHuff announced that Foothill Transit approved a 5 cent fare increase for
the first time in its eight-year history in order to remain economically viable.
The Sanitation District single family residential rate will remain at $71 per
year. The City's connection fee remains at about 50% of the fees charged
in other So. Cal. cities.
11. COUNCIL COMMENTS: C/Harmony volunteered to serve on
the Council Finance Committee. He complained about City Tiles presented
in the name of the City Council to persons who participated in the Sister City
trip. He commented that he has received citizen complaints about flowers
being placed in the vicinity of a fatal traffic accident on D.B. Blvd. at
Pathfinder Rd. He suggested the City ask D.B. High School to develop a
memorial for the deceased student.
C/Ansari reminded citizens about the April 13, 1997 Friends of the Library
Wine Tasting Soiree; the April*20, 1997 City Anniversary Celebration, and the
May 4, 1997 Ode to D.B. dedication. She again asked about the veteran's
request to display the POW flag at City Hall.
MIHuff explained the City's policy with respect to presentation of City Tiles-
MPT/
Herrera felt it was unfortunate that citizens find the placement of a
memorial at an accident site offensive. She thanked staff and citizens for
participating in the Development Code Town Hall Meeting on March 22,
1997.
12. ANNOUNCEMENTS: None
13. ADJOURNMENT: There being no further business to
conduct, MIHuff adjourned the meeting at 9:51 p.m. to April 15, 1997 at 6:30
p -m.
APRIL 1, 1997 PAGE 11
LYNDA BURGESS, City Clerk
ATTEST:
Mayor