HomeMy WebLinkAbout07/06/1998 Minutes - Special MeetingMINUTES OF THE CITY COUNCIL
SPECIAL MEETING OF THE CITY OF DIAMOND BAR
JULY 6, 1998
CALL TO ORDER: Mayor Herrera called the meeting to order
at 9:07 a.m. in the City Hall Conference Room, 21660 E. Copley Drive, Suite
100, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by
Mayor Herrera.
ROLL CALL: Council Members Ansari, Huff, O'Connor,
Mayor Pro Tem Chang, Mayor Herrera.
Also present were: Terrence L. Belanger, City Manager; James DeStefano,
Deputy City Manager; Joann Gitmed, Senior Accountant; Kellee Fritzal,
Assistant to City Manager and Lynda Burgess, City Clerk.
PUBLIC HEARING:
1.1 URGENCY ORDINANCE NO. 04(1997): AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE
TERM OF A MORATORIUM ZONING ORDINANCE, ORDINANCE
NO. 4A(1997) PURSUANT TO THE PROVISIONS OF CALIFORNIA
GOVERNMENT CODE SECTION 65858 AND MAKING FINDINGS
IN SUPPORT THEREOF - The City adopted a wireless
telecommunications facilities moratorium on July 15, 1997. On
August 19, 1997, pursuant to the provisions of California Government
Code Section 65858(a), Council adopted Ordinance No. 04A(1997)
extending Ordinance 04(1997). The moratorium prohibits the
issuance of building permits, grading permits, conditional use permits,
variances, zone changes and any other development permits and
entitlement for the use, development or modification of wireless
communication facilities within the City. It is intended that the
moratorium remain in effect until such time as other permanent zoning
measures may be studied, considered and adopted.
M/Herrera declared the Public Hearing open.
Martha Bruske expressed concern regarding improper notice to
citizens of special City Council meetings and insufficient notice to the
public regarding this public hearing. She was also concerned about
the placement of telecommunications facilities on residential property
and asked the City to consider better methods for camouflaging these
sites.
There being no further testimony offered, M/Herrera closed the Public
Hearing.
JULY 6, 1998
PAGE 2 CITY COUNCIL SPECIAL
In response to C/O'Connor, CM/Belanger explained that the law
allows cities to adopt Urgency Ordinances in order to prohibit
something from occurring when policies have not been established in
order to adequately deal with the circumstances. D.B. had a
proliferation of telecommunications facilities requests in a two-year
period which culminated with the Darrin Dr. application. At that time,
Council determined that it was important to halt future applications
until the City had formulated a policy to deal with such applications.
The title of Urgency Ordinance follows the Ordinance until the
Council determines it is in the City's best interest to take a different
action such as adoption of a telecommunications facilities ordinance.
In response to C/O'Connor, CM/Belanger stated that notice of this
Public Hearing was sent to the newspapers, posted as required, and
mailed in accordance with the City's regular mailing list.
C/Ansari recommended that a citizen task force be established to
review and comment on the Draft Telecommunications Facilities
Ordinance.
C/O'Connor pointed out that the Ordinance should read that it was
introduced at a "Special Meeting" rather than a "Regular Meeting"
and that on Page 3 of the Ordinance, the spelling of expiration needs
to be corrected.
Following discussion, C/Huff moved, MPT/Chang seconded, to waive
full reading and adopt Urgency Ordinance No. 04B (1997) extending
the term of a moratorium zoning ordinance, Ordinance No. 04A(1997)
pursuant to the provisions of California Government Code Section
65858 and making findings in support thereof with corrections as
noted. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor,
MPT/Chang, M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
M/Herrera announced that she would establish a subcommittee or
task force to receive citizens' input with respect to the Draft
Telecommunications Facilities Ordinance.
2. OLD BUSINESS:
2.1 SECOND READING - ORDINANCE NO. 26A(1989): AN
ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING
ORDINANCE 26(1989), AUTHORIZING AN AMENDMENT TO THE
JULY 6, 1998 PAGE 3 CITY COUNCIL SPECIAL
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
Al Rumpilla could not support anything above a two percent increase
for Council and staff salaries because the United States Congress
has given only a two percent salary increase.
C/Huff said that as one of two who voted against the First Reading of
this Resolution, he is still not convinced that this is something the City
needs to adopt for its employees at this time.
C/Ansari stated that at a time when consideration is being given to
changing the age limit on Social Security to 70, at a time when we do
not know what is going to happen with the BLF or the State of
California when the City has increased its expenses, she does not
believe it is prudent for the City to approve this Resolution at this
time.
MPT/Chang said he believes this Resolution was introduced so that
Diamond Bar would be in line with neighboring cities.
CM/Belanger responded to M/Herrera that all cities in San Bernardino
County offer two percent at age 55.
Responding to C/Ansari, CM/Belanger stated that approximately 50
percent of the cities in Los Angeles County offer two percent at age
55.
M/Herrera moved, MPT/Chang seconded, to waive full reading and
adopt Ordinance 26A(1989), authorizing amendment to the Contract
with the Board of Administration of the California Public Employees'
Retirement System. Motion failed with the following Roll Call vote:
AYES: COUNCIL MEMBERS: MPT/Chang, M/Herrera
NOES: COUNCIL MEMBERS: Ansari, Huff, O'Connor
ABSENT: COUNCIL MEMBERS: None
2.2 RESOLUTION NO. 96-53G: RESOLUTION OF THE CITY OF
DIAMOND BAR SETTING FORTH PERSONNEL RULES AND
REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK
LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER
REGULATIONS.
Following discussion, the Council concurred to direct staff to prepare
a "severance pay policy".
JULY 6, 1998
PAGE 4 CITY COUNCIL SPECIAL
C/Ansari moved, C/O'Connor seconded, to adopt Resolution No. 96-
53G setting forth personnel rules and regulations as corrected.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Ansari, Huff, O'Connor,
MPT/Chang, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
3. ADJOURNMENT: There being no further business to come before the City
Council, M/Herrera adjourned the meeting at 10:00 a.m.
Lynda Burgess, City C erk
ATTEST:
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Carol Herrera, Mayor