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HomeMy WebLinkAbout11/4/1997 Minutes - Regular MeegtingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 4, 1997 1. CLOSED SESSION: None 2. CALL TO ORDER: Mayor Huff called the meeting to order at 6:43 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: Pastor Kenneth Mitchell, Diamond Bar Congregational Church. ROLL CALL: Council Members Ansari, Harmony, Werner, Mayor Pro Tem Herrera and Mayor Huff. Also present were: Terrence L. Belanger, City Manager; Amanda Susskind, Assistant City Attorney; James DeStefano, Deputy City Manager; Frank Usher, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Manager and Lynda Burgess, City Clerk. APPROVED AGENDA: As presented. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificate of Recognition to the parents of Scholarship Recipient Travis Bryant. BUSINESS OF THE MONTH: 3.2 Presented City Tile to Dr. Kenneth Machado, owner of Machado Chiropractic. 4. PUBLIC COMMENTS: Alan Wilson suggested that the City participate in the 150th State Goldrush anniversary celebration next year and consider a tree planting or time capsule ceremony. He volunteered to assist with a blue-ribbon commission. Kevin House expressed confusion about why Mayor Huff issued a press release concerning Planning Commissioner Schad without first consulting with other Council Members. He suggested the Council consider censuring Mayor Huff. Mr. Wideman, 20520 Walnut Dr., supported Consent Calendar Item 6.9 NOVEMBER 4, 1997 PAGE 2 relating to installation of red curbing on Wainut Dr. and asked Council to consider including the area in front of his building to accommodate short- term delivery parking. Dr. Lawrence Rhodes supported the City's participation in the State's 150th anniversary celebration and spoke in favor of Consent Calendar Item 6.9, installation of red curbing on Walnut Dr. He recommended the USC Medical Center building be replaced. Lydia Plunk thanked the Mayor and Mayor Pro Tem for supporting her nomination to the WCCA Advisory Committee. She stated that, due to her concerns about the organization, she would decline the nomination. Clyde Hennessee suggested that Century Cable provide notice of City Council meeting cancellations on other television stations in addition to Channel 12. Frank Dursa asked the Mayor about his motives regarding Planning Commissioner Schad. Bob Arceo spoke against censuring Planning Commissioner Schad. Darlene Eppedy spoke against the development of Tonner Canyon and open spaces, and in support of Planning Commissioner Schad. Jack Gutowski spoke in support of Planning Commissioner Schad. 5. SCHEDULE OF FUTURE EVENTS: 5.1 VETERANS DAY - Tuesday, November 11, 1997 - City Offices will be closed and will reopen Wednesday, November 12, 1997. 5.2 PLANNING COMMISSION - November 12, 1997 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 TRAFFIC AND TRANSPORTATION COMMISSION - November 13, 1997 - 7:00 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING - November 18, 1997 - 6:30 p.m. - AQMD Auditorium, 21865 E. Copley Dr. 5.5 PARKS & RECREATION COMMISSION MEETING - November 20, 1997 - 6:30 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr. 5.6 TOWN HALL MEETING - ECONOMIC REVITALIZATION - November 22, 1997 - 9:00 a.m. to 12:00 noon, Castle Rock Elementary School, 2975 Castle Rock Rd. 6. CONSENT CALENDAR: C/Werner moved, C/Ansari seconded, to approve the Consent Calendar with the exception of Item No. 6.12. Motion carried by the following Roll Call vote: (C/Ansari abstained from voting on NOVEMBER 4, 1997 PAGE 3 Item 6.11) AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: 6.1.1 Town Hall Meeting of September 30, 1997 - as submitted. 6.1.2 Regular Meeting of October 7, 1997 - as submitted. 6.1.3 Special Meeting of October 22, 1997 - as submitted. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of August 12, 1997 6.2.2 Regular Meeting of August 19, 1997 6.2.3 Regular Meeting of August 26, 1997 6.2.4 Regular meeting of September 2, 1997 6.2.5 Regular Meeting of September 6, 1997 6.2.6 Regular Meeting of September 9, 1997 6.3 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES: 6.31 Regular Meeting of August 28, 1997. 6.3.2 Regular Meeting of September 25, 1997. 6.4 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 6.4.1 Regular Meeting of August 14, 1997. 6.4.2 Regular Meeting of September 11, 1997. 6.5 APPROVED VOUCHER REGISTER - dated November 4, 1997 in the amount of $614,879.04. 6.6 REVIEWED & APPROVED TREASURER'S REPORT for September, 1997. 6.7 EXONERATED GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR TRACT NO. 47851 (DIAMOND BAR EAST PARTNERS) - Bond No. 139424S in the amount of $50,000 posted with the City on September 30, 1993 as a condition precedent to issuance of a grading permit for rough grading of the 50 lots and directed the City Clerk to notify the principal and surety of this action. 6.8 APPROVED NOTICE OF COMPLETION FOR CONSTRUCTION OF SIDEWALKS ON ASPEN GROVE LANE - Accepted the work performed by Chino Construction, Inc. and authorized the City Clerk NOVEMBER 4, 1997 PAGE 4 to file the Notice of Completion and release any retention amounts 35 days after the recordation date. 6.9 ADOPTED RESOLUTION NO. 97-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO INSTALL RED CURBS ON THE NORTH SIDE OF WALNUT DRIVE BETWEEN 20465 WALNUT DRIVE EASTERLY TO LEMON AVENUE AND TO INSTALL RED CURBS ON THE SOUTH SIDE OF WALNUT DRIVE BETWEEN 20640 WALNUT DRIVE EASTERLY TO LEMON AVENUE. 6.10 RECEIVED & FILED FINANCE AUDIT REPORT AND COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR 1996-1997 - as prepared by the Finance Department and Conrad & Associates, LLP. 6.11 ADOPTED RESOLUTION NO. 97-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE LAC+USC MEDICAL CENTER REPLACEMENT FACILITY. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.12 APPROVED GREATER LA PUENTE VALLEY MEALS ON WHEELS FUNDING WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) - in the amount of $2,500. Moved by MPT/Herrera, seconded by C/Werner to approve. 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, Harmony, Werner, MPT/Herrera, M/Huff None None 8.1 SECOND READING OF ORDINANCE NO. 07(1997): AN ORDINANCE OF THE CITY OF DIAMOND BAR ADDING CHAPTER 10.50 OF TITLE 10 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO PARKING CITATION PROCESSING PROCEDURES - Moved by C/Ansari, seconded by MPT/Herrera to approve second reading by title only, waive full reading and adopt Ordinance No. 07(1997). Motion carried by the following Roll Call vote: NOVEMBER 4, 1997 AYES: NOES: ABSENT: 9. NEW BUSINESS: PAGE 5 COUNCIL MEMBERS - COUNCIL MEMBERS - COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/Herrera, M/Huff None None 9.1 DISCUSSION OF CONFLICT OF INTEREST VIOLATION OF PLANNING COMMISSIONER - ACA/Susskind explained that a legal conflict of interest does not relate to campaign contributions received from any source. It is not considered a personal gift. Public Officials and Planning Commissioners are required to disclose gifts and compensation on their Statement of Economic Interests reports. If the gift or compensation is over $50 cumulatively to any member of the official's family, it must be disclosed. If the limit prescribed by law is exceeded, the official is not allowed to vote on matters affecting the source of the gift or compensation. C/Ansari suggested the matter be continued, to the next Council meeting. In response to C/Werner, ACA/Susskind stated that this matter cannot be discussed in Closed Session. C/Werner asked if Mr. Schad could offer to recuse himself from Planning Commission attendance until Council has an opportunity to investigate the matter. In response to M/Huff, ACA/Susskind explained that Planning Commissioner Schad contacted the City Attorney's office prior to the October 14, 1997 Planning Commission meeting regarding the matter in question and that Commissioner Schad was advised that if he or his wife had received income from the developer within the last 12 months in excess of $250, he should not participate in decisions on the matter. It was the City Attorney's understanding that Commissioner Schad agreed with that advice and was prepared to recuse himself from participating in discussions. C/Ansari moved, C/Harmony seconded, to request that Mr. Schad recuse himself from the Planning Commission for the next two weeks and that the matter be continued to the next regularly scheduled Council meeting. C/Harmony called for the vote. Motion to end debate failed by the following Roll Call vote: NOVEMBER 4. 1997 PAGE 6 AYES: COUNCIL MEMBERS - Ansari, Harmony NOES: COUNCIL MEMBERS - W e r n e r MPT/Herrera, M/Huff ABSENT: COUNCIL MEMBERS - None C/Werner amended the motion to ask Planning Commissioner Schad to recuse himself from the Planning Commission for the next two weeks. C/Ansari agreed to the amendment. Planning Commissioner Schad stepped to the podium and agreed to recuse himself from Planning Commission activities for the next two weeks. Art O'Daly said he felt this item was a matter of integrity and there should be no appearances of any person having a conflict of interest. Council should take decisive action on this matter tonight. Terry Birrell asked that copies of Council's material relating to this item be provided to the public before Council takes action. Kevin House said that Mr. Schad has recused himself from the next Planning Commission meeting and that Council should not act on the matter at this time. George Barrett asked Council to delay the matter for two weeks. Frank Dursa said he felt that other City Council candidates are trying to ruin Mr. Schad's reputation. Joe McManus stated that he is a Planning Commissioner and has first-hand knowledge of the facts. He read excerpts from several Planning Commission meeting minutes in which discussion took place regarding Mr. Schad's potential conflict of interest. He pointed out that, because Mr. Schad has often denied receipt of funds from the developer, Council should take immediate action. Chuck Martin pointed out that the City's honesty and integrity are at stake. Carolyn Elfelt said that the issue should be dealt with immediately because Don Schad had presented himself as a friend of the environment and is against development and redevelopment. Most troubling is his denial of the fact that he and his wife have taken money from a developer as he serves as a Planning Commissioner hearing the developer's project, which is a conflict of interest. Mr. Schad should immediately resign or be removed from public office. NOVEMBER 4, 1997 PAGE 7 Steve Tye said Mr. Schad's judgement as a Planning Commissioner is in question and it is Council's responsibility to deal with the matter tonight. Dr. Lawrence Rhodes believed that Council should proceed with the motion on the floor. Clyde Hennessee agreed that Council should wait until the next meeting to deal with the issue. Lydia Plunk said that the public deserves quick action on this matter. Jack Gutowski spoke in favor of continuing the matter for two weeks. Following discussion, M/Huff asked Council Members to register their vote on the motion to ask Planning Commissioner Schad to recuse himself from the Planning Commission for the next two weeks. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner NOES: COUNCIL MEMBERS - MPT/Herrera, M/Huff ABSENT: COUNCIL MEMBERS - None 12. ADJOURNMENT: There being no further business to conduct, M/Huff adjourned the meeting at 8:53 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk