Loading...
HomeMy WebLinkAbout02/16/1993 - Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 16, 1993 1. CLOSED SESSION: 5:00 P.M. Litigation - G.C. 54956.9 Personnel - G.C. 54957.6 No reportable action taken. 2. CALL TO ORDER: M/Miller called the meeting to order at 6:02 p.m. at the AQMD, 21865 E. Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Miller. INVOCATION: The Invocation was given by Reverend Jim Lawer of the Diamond Bar Congregational Church. ROLL CALL: Mayor Miller, Mayor Pro Tem Papen, Councilmen MacBride, Forbing and Werner. Also present were Terrence L. Belanger, City Manager; Andrew V. Arczynski, City Attorney; George Wentz, Interim City Engineer; James DeStefano, Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 3. PUBLIC COMMENTS: Red Calkins, 240 Eagle Nest Dr., thanked Council and staff for their assistance in opposing the proposed Material Recovery Facility (MRF) in the City of Industry. He also stated that the City should unite in regard to the General Plan. Curtis Postel, 531 N. Deep Hill Rd., also thanked Council for their support opposing the MRF in the City of Industry. He presented the Council with a copy of the 42 petitions submitted to the City of Industry containing 600 signatures. William Gross, 21637 High Bluff Rd., indicated that the citizens in Diamond Bar have clearly stated that the General Plan, as designed, is not what is desired for the future of Diamond Bar. M/Miller asked Mr. Gross, as a representative of Diamond Bar Citizens to Protect Country Living, to meet with staff and give them a list representing their disagreement with the General Plan so that the City can move forward without going to an election. Mr. Gross stated that he would be glad to meet with staff next week and identify the particular issues that they are involved with. However, he stated that he is unable to supply staff with a complete list because that would entail rewriting the General Plan. C/Werner noted that an exhaustive list is not needed, but a list identifying the issues that are of significant difference so that it can be determined whether or not they can be resolved. FEBRUARY 16, 1993 PAGE 2 Mr. Gross stated that he will contact staff and set up a date to meet next week. Jennifer Flood and Winnie Nahali, students at Diamond Bar High School, proposed that the City develop a mandatory composting and recycling program for residents, park maintenance and local businesses to reduce waste currently sent to landfills by the City. Don Schad, 1824 Shaded Wood Ln., made the following inquiries: where will the funds come from to pay for the lawsuit filed by Diamond Bar Associates; does M/Miller hold any vested interest in the South Pointe Master Plan development in regard to R&P; is there an association with M/Miller and Mr. Lancaster in regard to the MRF project; why is there no record of a property line concerning the hill adjacent to Brea Canyon Rd., under consideration to be destroyed by the South Pointe Development; why was the letter from the Department of Fish and Game, received by the City January 26, 1993, not made public during the Planning Commission meeting for public input; and, in reference to a comment made at the last Council meeting stating that Oak trees cannot stand much water, he inquired why then do the largest oak trees within the confines of the City found to either straddle or locate adjacent to flowing streams. M/Miller requested staff to give Mr. Schad a copy of the letter he wrote to the Council, all Department heads and Planning Commissioners disclosing his former interest and stating that he no longer has a vested interest in South Pointe or R&P. He stated that he has publicly announced that he will abstain from any hearing process of that entire Master Plan. Further, he stated that he has no involvement whatsoever with Mr. Lancaster and his employment with the City of Industry as far as the proposed MRF. CA/Arczynski stated that in regard to litigation filed on Tract 47850, Council has directed that special counsel be retained. In regard to the record of the property on Brea Canyon Rd., he explained that the property was originally acquired by the State as part of freeway and highway right-of-way. Upon construction of the 57 freeway, the property was relinquished to the County of L.A., in fee. By operation of law, upon incorporation, the street became a City street. CDD/DeStefano stated that the letter from the State Department of Fish and Game, as well as all letters and comments received on the South Pointe Master Plan project, are being commented upon and will be contained within a document that will be reviewed by the Planning Commission at the end of the week. Clair Harmony, 24139 Afamado Ln., expressed concern regarding the City's costs in fighting the referendum. He also expressed concern regarding 30 policy changes made to the FEBRUARY 16, 1993 PAGE 3 General Plan by the City Council behind closed doors. He suggested that there be significant changes made to the General Plan document to preserve open space and protect the City's resources, keeping the City a nice place to live. Mary Colmack complained about the Sheriff's handling of an incident that occurred at her residence in which two officers entered her home, and another detained her friend, who was in her garage with her permission. She expressed concern that undue roughness was used because her friend is black. M/Miller asked Ms. Colmack to speak with Sheriff Deputy Larry Luter and provide him additional information for investigation. The City will follow-up on the incident. Martha Bruske, 600 S. Great Bend, suggested that the General Plan be rewritten rather than taking it to ballot so that the City can move forward to solve other problems in the community. Max Maxwell, 3211 Bent Twig Ln., pointed out that the issues of concern regarding the General Plan have been well stated both during the General Plan process and during the referendum litigation. Council needs to make a decision tonight, to change the General Plan, rather than costing the City more money by taking it to ballot. Citizens need to be involved in the changes to the General Plan, perhaps in a fashion similar to the General Plan Advisory Committee. Bill Tinsman, 1014 Capen, Walnut, reported that he too had a situation in which the Sheriff Department responded to a neighbors phone call regarding a concern involving a strange truck parked in front of his home belonging to a contractor doing remodeling on Mr. Tinsman's home. He thanked the Sheriff's Department for their quick response and stated that he recognized the fact that they did not know what they are coming into. 4. COUNCIL COMMENTS: C/MacBride expressed appreciation to those who took the time and effort to relate their concerns regarding the City of Industry's MRF. He then commended the Diamond Bar Improvement Association (DBIA) in their efforts in organizing a community program to combat graffiti. C/Forbing stated that the California Resources Agency awarded a $563,000 grant to the City of Diamond Bar to plant more than $5,000 trees adjacent to the Pomona Freeway. The work is to be done by the California Conservation Corps and the Los Angeles Conservation Corps and is scheduled to begin this month. CalTrans is sponsoring a brief ceremony on February 19, 1993 at 1:30 p.m. at Peterson Park. C/Werner, noting that the leaders of the petitioners are requesting that the Council heed the concerns voiced by the citizens regarding the General Plan rather than taking it to l FEBRUARY 16, 1993 PAGE 4 the ballot, suggested there be an additional forum before the Council to discuss the issues of concern so that proper decisions can be made. MPT/Papen, in response to the comment made that the Council made 30 policy changes to the General Plan, explained that those 30 changes were highlighted by the consultant, and that the entire GPAC was immediately reconvened to review the document and approve or disapprove those items. They were never a part of the final approved draft from the GPAC, nor part of the approved plan that went through the Planning Commission, nor part of the approved plan by the Council. Law states that, if the General Plan is set aside, the City cannot adopt a similar document for a year, thereby creating a moratorium for a year on all planning and development in this community. The other alternative is to call for an election. The Council needs to hear from other citizens who have not spoken, nor have been involved in the petition drive. Perhaps these major issues cannot be decided without a vote of the people. M/Miller directed staff to regularly communicate with the City of Industry's staff to see if the MRF issue can be resolved and another site for this facility located. In regard to the General Plan issue, he stated that he feels that the document is substantially good. If the General Plan is rescinded, then the City, by law, is prohibited from adopting a substantially similar document. It would be better if these major issues can be resolved, without spending money to put it on a ballot, or rescinding the document. 5. CONSENT CALENDAR: C/Werner moved, C/Forbing seconded to approve the Consent Calendar as presented. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Werner, Forbing, MacBride, MPT/Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 5.1 SCHEDULE OF FUTURE EVENTS: 5.1.1 Planning Commission - February 22, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.2 Parks & Recreation Commission - February 25, 1993 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.1.3 CITY COUNCIL MEETING - March 2, 1993 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 WARRANT REGISTER - Approved Warrant Register dated February 16, 1993 in the amount of $460,890.21. 5.3 TREASURER'S REPORT - Received & filed report for the Month of January, 1993. FEBRUARY 16, 1993 PAGE 5 5.4 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of December 17, 1992.- Received & filed. 5.5 CLAIM FOR DAMAGES - Filed by Brian Parmelee on January 25, 1993. Rejected request and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 5.6 RENEWAL OF AUDIT CONTRACT -Renewed the contract for auditing services (as outlined in the proposal letter dated January 7, 1993) for the fiscal year ending June 30, 1993 at a maximum annual fee of $15,000. 5.7 NOTICE OF COMPLETION FOR THE 1992-93 SLURRY SEAL IMPROVEMENT PROGRAM - AREA THREE - Accepted work performed by IPS Services, Inc. and authorized the City Clerk to file the Notice of Completion and release any retention amounts per previously approved specifications. 5.8 BOND EXONERATION FOR GRADING OF PARCELS 1 AND 4 OF PARCEL MAP 14819 AT 22344 AND 22364 GOLDEN SPRINGS DRIVE - Approved exoneration of the bond posted for Phase I Grading on Parcels 1 and 2 of Parcel 14819 in the amount of $135,758. 5.9 ADOPTED RESOLUTION NO. 93-08: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, AUTHORIZING AND PTRECTING THE CITY CLERK, ON BEHALF OF THE CITY OF DIAMOND BAR, TO ACCEPT THE OFFERING OF THE EASEMENT DEEDS LOCATED IN COUNTRY HILLS TOWNE CENTER ON DIAMOND BAR BOULEVARD AND DIRECT THE CITY CLERK TO RECORD THE EASEMENT DEEDS. 6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 6.1 PROCLAIMING SUPPORT FOR IRENE OREJEL, MISS DIAMOND BAR, IN REPRESENTING THE CITY IN THE "MISS CALIFORNIA WORLD" BEAUTY PAGEANT TO BE HELD AT KNOTT'S BERRY FARM, MARCH 20, 1993 - Miss Orejel accepted the Proclamation and thanked the City for supporting her in the "Miss California World" Beauty Pageant being held at Knott's Berry Farm. 7. NEW BUSINESS: 7.1 REPORT ON TRANSIT OPPORTUNITIES FOR RESIDENTS - CM/Belanger reviewed the summary of the types of transit services available to residents as presented in the staff report. Staff will provide monthly updates regarding any additional opportunities for residents to capitalize on transit services. 8. ANNOUNCEMENTS: C/MacBride reported that the Diamond Bar Improvement Association is hosting a meeting at FEBRUARY 16, 1993 PAGE 6 the Radison Hotel on Thursday, February 25, 1993 at 6:30 p.m. regarding the FADE Program (Fight Against Drugs Effectively). MPT/Papen reported that the City has an opportunity to nominate a Diamond Bar senior citizen to receive an award, in recognition for their community services, as presented by the L.A. County Board of Supervisors for "Older American Recognition Day." Nominations must be received at City Hall by March 15, 1993. M/Miller stated that it is the consensus of Council to recess to Closed Session to discuss litigation regarding the General Plan. 8. CLOSED SESSION: M/Miller adjourned the meeting at 7:22 p.m. for discussion of Litigation matters. 9. ADJOURNMENT: M/Miller reconvened the meeting at 8:00 p.m. and the City Attorney announced that no reportable actions had taken place during Closed Session. With no further business to conduct, the meeting was adjourned at 8:00 P.M. SAIL'111P LYNDA BURGESS, CMC/AAE City Clerk ATTEST: May,