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HomeMy WebLinkAbout03/05/1991 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 5, 1991 STUDY SESSION M/Werner called the Study Session to order at 5:34 p.m. Mr. Lloyd Zola of The Planning Network stated that at the beginning of the General Plan process, each Councilmember was interviewed to identify issues and directions for the City. This same type of interview was conducted with the General Plan Committee, where the Committee put together a "laundry list" of strategies they would like to pursue, things in the City they would like, issues to solve. The Committee then refined the list to a set of goals, objectives and strategies. This list was then submitted to Council and all Commissions and then a joint workshop was held to review and revise the list, getting input from other City Commissions and the Council. The policy portion of the plan is now complete. Then a "futures" workshop was held, which involved city staff, the City Manager, Planning Department staff, the City Planner Emeritus, The Planning Network staff and four professors representing fields of economics, political science and environmental sciences to discuss "what is the world going to be like 100 or 200 years from now" and start looking at solutions "that we like today, the attitudes that we have, do they make sense in terms of the changes in directions that are going to be faced?" It is important to GPAC that the City continue to maintain the quality of life for all residents. In order to maintain this type of life style, municipal income is necessary." Since the City is essentially at build out all that is needed is to maintain the community. It was discovered that the community has a lot more choices than were apparent. In addition, the City is a recipient of the decisions made by communities surrounding the City. Therefore, GPAC will be taking a more regional outlook. A system to force surrounding communities to look at what the impacts are outside their jurisdictional boundaries when they make their decisions should be implemented. The Planning Network is in the process of completing what is called an "existing setting report" which is an expansion of the earlier data bases used to devise policies and is being used as the basis of the environmental impact report which is also partially completed. They have also completed the first draft of the development code, which is being reviewed by the Planning Commission, which outlines a set of standards, basic policies guiding development, in terms of zoning ordinance regulations, subdivision ordinance regulations. Mr. Zola then mentioned the Circulation Element that has been contracted for separately. The Planning Network is working with DKS to coordinate both efforts and bring to the Planning Commission and City Council a single General Plan. Mr. Dan Dunham, Principal with the Planning Network, discussed the land use map which represents existing land uses within the City. Options looked into include the potential for intensification of the commercial usage and what can be done to some of those areas that might help generate additional revenues. Does the City want regional - serving or community -serving uses? Three alternative community types that have been looked at are suburban, master planned with a balance of community -serving commercial uses and master planned with a balance of community -serving commercial uses and the addition of some regionally -oriented, revenue -generated uses. The Committee has not yet MARCH 5, 1991 PAGE 2 made a decision on what is wanted; however, all three meet the goals, they all satisfy the quality of life issues, but where they differ is who is going to pay for the amenities and the quality of life. Under a bedroom community, the burden falls on the residents. Under the balanced community, there is a blend of the two and the third is a higher participation in bringing forth revenues. CALL TO ORDER: M/Werner called the meeting to order at 6:00 p.m. in the Council Chambers, W.V.U.S.D., 880 S. Lemon Avenue, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance ALLEGIANCE: by MPT/Forbing. ROLL CALL: Mayor Werner, Mayor Pro Tem Forbing, Councilmen Nardella, Papen and Kim. Also present were City Manager Robert L. Van Nort, Assistant City Manager Terrence L. Belanger, City Attorney Andrew V. Arczynski, Director of Planning James DeStefano, City Engineer Sid Mousavi and City Clerk Lynda Burgess. COUNCIL COMMENTS: C/Papen thanked the public for voting for cityhood and for supporting the City during the past two years. M/Werner announced that U.S. Sprint, the long distance telephone company, has been mistakenly charging customers in the 91765 code an 11% city utility tax for the benefit of City of Pomona. He suggested that residents were asked look closely at their utility bills because the City of Diamond Bar has not instituted any utility tax. PUBLIC COMMENTS: No public comments were offered. CONSENT CALENDAR: C/Kim moved, seconded by MPT/Forbing to approve the Consent Calendar with the exception of the Approval of Minutes, the Traffic Signal Contract and the Slurry Seal Award. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - NOES: COUNCILMEN - ABSENT: COUNCILMEN - Nardella, Papen, Kim, MPT/Forbing, M/Werner None None Schedule of A. Planning Commission - March 11, 1991 - 7:00 Future Meetings p.m., W.V.U.S.D. Board Rm., 880 S. Lemon Ave. B. Parks & Recreation Commission - March 14, 1991 - 7:00 p.m., City Hall, 21660 E. Copley C. Traffic & Transportation Commission - March 14, 1991 - 6:00 p.m., Community Room, 1061 Grand Ave. MARCH 5, 1991 PAGE 3 D. City Council Meeting - March 19, 1991 - 6:00 _ p.m. W.V.U.S.D. Board Room, 880 S. Lemon Ave. Warrant Register Approved Warrant Register dated March 5, 1991 in the amount of $489,423.06. Treasurer's Report Approved Treasurer's Report for the Month of January, 1991. Planning Comm. Received and filed Planning Commission Minutes of Minutes January 28, 1991 and February 11, 1991. Traffic & Trans. Received and filed Traffic and Transportation Comm. Minutes Commission Minutes of January 10, 1991. Denial of Claim Denied Claim for Damages filed by Martha Plascencia. Bond Exoneration Approved work completed and exonerated Bond No. 83 SB 100 327 663, Street Tree Improvements, Tract No. 42572, vicinity of Highcrest Dr. and Armitos Pl. Bond Exoneration Approved work completed at 2053 Rusty Spur Rd., Matters Withdrawn from Consent Calendar: Approval o -f. C/Kim requested that Page 7 include his comments Minutes regarding the basis for his voting against the Public Finance Advisors' Contract. C/Kim moved, MPT/Forbing seconded to approve the Minutes of February 19, 1991 as amended. Motion carried unanimously. Traffic Engnrng. C/Nardella expressed his feeling that the City is Services being asked to spend more money for services that Contracts were previously provided or accounted for. Lot No. 115, Tract No. 30091 and exonerated Bond No. 112 68 66 in the amount of $5,710. Resolution 91-11 Adopted Resolution No. 91-11 entitled: A Granting Consent RESOLUTION GRANTING CONSENT AND JURISDICTION & Jurisdiction to TO THE COUNTY OF LOS ANGELES IN THE MATTER L.A. County in OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 Matter of County AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF Lighting Maint. DIAMOND BAR ZONE PROJECT 131-57. Dist. LLA -1, Zone Proj. 131-57 Lighting & Awarded a 3 -year contract for preparation of the Landscape Engineer's Report for Lighting and Landscape Assessment Dist. Maintenance Assessment Districts to ASL Contract Consultants, Inc. Matters Withdrawn from Consent Calendar: Approval o -f. C/Kim requested that Page 7 include his comments Minutes regarding the basis for his voting against the Public Finance Advisors' Contract. C/Kim moved, MPT/Forbing seconded to approve the Minutes of February 19, 1991 as amended. Motion carried unanimously. Traffic Engnrng. C/Nardella expressed his feeling that the City is Services being asked to spend more money for services that Contracts were previously provided or accounted for. MARCH 5, 1991 PAGE 4 CE/Mousavi stated that staff is not asking for more funding. The $75,000 was budgeted in July, 1990 as part of the traffic engineering services and that is the amount that will be spent this year for the same service. Part of it has already been spent with other consultants and the County and -the portion of the amount remaining will be spent during the rest of this year. C/Kim asked when the Public Hearing would be held for the Landscaping and Lighting? CE/Mousavi stated that the first Resolution should be before the Council at their first meeting in April with the second in May and the third in June. M/Werner stated that he was also concerned about the contract since it appears that this is an open contract without knowing precisely what the services will be and how it fits into the total realm of the Traffic Engineering Program. He asked how much is committed to DKS for the Circulation Element. CE/Mousavi stated that it was approximately $125,000. M/Werner stated that he had received calls from traffic engineers that have not been a part of the bid process. CE/Mousavi stated that the Request for Proposals had been sent to five consultants believed capable of providing engineering services or traffic engineering services. Following discussion, M/Werner moved to require staff to rebid the traffic engineering contracts. Motion died for lack of second. Following further discussion, C/Papen moved, C/Nardella seconded to table the matter for two weeks for staff to have the opportunity to fully explain how this program fits in with the long term mission of the Engineering Department. Motion carried by a vote of 3 to 2 (MPT/Forbing and C/Kim voting No). Contract Award - C/Kim asked why the low bid had a lump sum bid of Slurry Seal $4,000 for marking and delineators when the IPS Services, Inc. engineer's estimate was $20,000 for this item and k the second lowest bidder bid $11,000. MARCH 5, 1991 PAGE 5 CE/Mousavi stated that he had not spoken to the low bidder regarding that particular subject; however, sometimes contractors put their higher dollars on the portions of the project that are complete early in the process in order to be paid earlier and since the striping is the last thing done, sometimes that amount will be less. He further stated that he was comfortable with the procedure. C/Papen moved, C/Kim seconded to award the slurry seal contract to IPS Services, Inc. in the amount of $123,094.18. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Kim, Nardella, MPT/Forbing and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None SPECIAL PRESENTATIONS: Certificate of M/Werner and C/Nardella presented a Certificate Appreciation - of Appreciation to the Diamond Bar Girls Softball D.B. Girls League for donation of bleachers at Carlton J. Softball League Peterson Park. Mrs. Cindy Morton presented M/Werner with a check in the amount of $4,000 for purchase of said bleachers. Proclamation - March, 1991 "American Red Cross Month" Proclamation - March 15, 1991 "Peace Corps Day" Proclaimed the Month of March, 1991 as "American Red Cross Month." Proclaimed March 15, 1991 as "Peace Corps Day." Mr. Philip Vesnesfsy, pointed out that the year, not thirteenth, Proclamation. member of the Peace Corps, Corps is in its thirtieth as stated in the Presentation - Mr. John Stall, Vice -President of Cajon Pipeline Cajon Pipeline Co., spoke regarding the possible use of Grand Co. re: Ave. for delivery of crude oil through an under - Proposed Oil ground pipeline from the Kern County/Santa Pipeline under Barbara area into the L.A. Basin connecting with Grand Ave. an existing pipeline between California and Texas. Mr. Stall introduced Mr. Ron Hen, President of Cajon Pipeline and Mr. John Jaquess, consultant. Mr. Stall indicated that the major impact will be associated with construction, which would involve trenching along Grand Ave., installation of the MARCH 5, 1991 PAGE 6 ! pipe, back filling and repaving of the street. The time estimated to install the pipe is 2 to 3 weeks. Construction is scheduled to begin in the Spring 1992, and can be scheduled to avoid peak traffic hours. They would work closely with the City Engineer to assure that there is no disrup- tion in City services. Benefits to be derived from having the pipeline are franchise revenues, property taxes on the pipeline, reduction of air pollution and the company's participation in community activities. C/Papen asked why Grand Avenue had been selected and whether other streets had been considered. Mr. Stall stated that they had considered by- passing the entire city; however, the road they had looked at is under reconstruction into a freeway. In response to C/Forbing's question concerning the power lines, Mr. Stall stated that his firms would be looking into the right-of-way situation once the environmental impact report process has begun. In response to C/Kim's question regarding pressure, Mr. Stall indicated that the pipe was pressurized with 700 psi. C/Kim spoke of his concerns regarding the amount of pressure used to push the crude oil and asked to look at preliminary designs to make sure that seismic hazards have been properly addressed. Mr. Ron Hen, President of Cajon Pipeline, addressed the issue of the pressure involved and E the pipe used by stating that this type of oil doesn't not "spout" during a leak but rather, it becomes thick and has the consistency of asphalt. M/Werner asked how long it takes the oil to get from the beginning of the line to the end. Mr. Hen stated that based on 150,000 barrels a day capacity, it will take approximately 41 or 42 hours. M/Werner asked if the system falls under PUC regu- lations and if the City will have an opportunity to conduct hearings on the EIR, EIS document. Mr. Hen replied that the City would be a respond- ing agency in the EIR, EIS process, but he was unaware as to what extent. MARCH 5, 1991 PAGE 7 �^I In response to C/Nardella's question regarding traffic disruption, Mr. Hen advised that the EIR would address this issue. M/Werner asked the CA/Arczynski to respond regarding the PUC and what discretion the City would have. CA/Arczynski stated that two issues the City would be involved in would be with Planning staff regarding the environmental documentation process and the franchise process. With no further questions, M/Werner thanked Mr. Hen, Mr. Stall and Mr. Jacquess for their presentation. OLD BUSINESS: Ordinance 8A CA/Arczynski stated that some time ago, this (1990) Amending Ordinance was brought before the Council for Secs. 3203 & First Reading. Following First Reading, the 3204, Title 26 Fire Department expressed concern about the (Bldg. Code. of `i usage of specific terminology. The change's L.A. County, are considered clerical in nature; however, Pertaining to he recommended that First Reading be conducted - Roof Covering again. Requirements MPT/Forbing moved, C/Kim seconded to approve for First Reading, by title only, and waive further reading of Ordinance No. 8A (1990) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING SECTIONS 3203 AND 3204 OF TITLE 26 (BUILDING CODE) OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO ROOF COVERING REQUIREMENTS. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Kim, Nardella, Papen, MPT/Forbing and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None Water PM/Janiel stated that the Walnut Valley Water Conservation District mandated a 10% reduction in water usage Efforts effective February 1, 1991. This reduction was increased to 20% as of March 1, 1991 and effective April 1, 1991, the reduction will increase to 30%. -- The Parks Department has been practicing water conservation for approximately one year as man- dated by the City Council last summer by imple- menting various irrigation practices to reduce usage. Approximately 13.7% water has been saved since last summer. The primary goal in maintain- ing the 30% mandate will be to keep the trees MARCH 5, 1991 PAGE 8 alive but the turf can be left to go dormant if possible. Based upon the 13% that has been saved in the past 12 months, a savings of approximately $30,000 in utility billings has been observed. C/Nardella commended staff on their water saving efforts. MPT/Forbing asked when the expansion of the reclaimed water system will take place and CM/Van Nort replied that the City is working with the City of Industry and awaiting a report from Stetson Engineering. C/Papen asked if the Water District is providing any water savings devices to the residents. PM/Daniel stated that there are water conservation kits available at City Hall to be distributed at no cost to residents. These are the kits that contain a displacement bottle for the toilet tank as well as a shower head restrictor. There are also pamphlets containing water saving tips as well as a district flyer containing all restric- tions. M/Werner asked at what point in the process does a city get involved as the City of Los Angeles has by instituting mandatory controls. Other cities have either adopted or are looking at the possi- bility of some kind of development restraints during the drought period, whether it would be for the new construction of homes, or for accessory uses such as swimming pools. CA/Arczynski state that, with respect to a possible moratorium on building construction activities, there are some communities that have stopped all construction because of the severity of the problem. He stated that he had been in contact with Mr. Biederman of the Walnut Valley Water District regarding the issue of Ordinances mandating more restrictive water usage. The District is contemplating such an ordinance or resolution, probably toward the end of this month or the first part of April to set up more severe penalties for those that overuse water. The City is not responsible at this time, other than to support the Water District in its efforts. CM/Van Nort stated that the Council may be asked at the next meeting to adopt a resolution urging and supporting the Water District to take all necessary measures to ensure water for all and publish the resolution in the newsletter coming MARCH 5, 1991 PAGE 9 out at the end of March, first of April. C/Nardella stated that the water conservation kits are also available at the Diamond Bar Improvement Association, located at 1081 S. Grand Ave. in the Chamber of Commerce office. Mr. Red Calkins, 240 Eagle Nest, stated that he had seen water being wasted by the water district, during a break of a fire hydrant. Also on the water bill, it no longer says "Thank You for conserving water." Mission Statement Continued to April 16, 1991. C/Nardella asked that the Council receive additional information on the guidelines that GPAC has been operating on to coordinate the Mission Statement with the activities of GPAC and their philosophies of the General Plan. PUBLIC HEARING: TTM 47722/ C/Nardella left the podium due to a potential CUP/OT 89-338 conflict of interest. PD/DeStefano stated that he had met with the Developer on this project and was informed that there is the desire of the development team to continue this matter to the meeting of March 19. He further stated that a Public Hearing notice had been published; however, the Notice was not sent to the surrounding property owners as required. This has been corrected and Notice was sent to those surrounding the site. Mr. Frank Piermarini, President of Piermarini Homes, stated that he concurred with the Planning Director's comments to continue the matter to March 19, 1991. M/Werner opened the Public Hearing. With no testimony being offered, MPT/Forbing moved, C/Papen seconded to continue the Public Hearing to March 19, 1991. Motion carried unanimously. r-- ANNOUNCEMENTS: C/Papen announced that on March 9th, the Senate Committee on Election Reapportionment is holding a hearing in Los Angeles and is asking for input from the community. A portion of northern Diamond Bar is not in the same senatorial and assembly district as the rest of the community. She recommended that a letter be prepared and sub- MARCH 5, 1991 PAGE 10 mitted to the Committee emphasizing that, in the 1990 reapportionment plan, that city jurisdiction boundaries be utilized in the reapportionment process. M/Werner asked if C/Papen would be willing to represent the Council at this hearing. C/Papen stated that she would. C/Nardella stated that he concurred with C/Papen's recommendation and that it was his understanding that with the new Supervisorial District, Diamond Bar has two Supervisors as well. Staff was requested to clarify who the Los Angeles County Supervisor is for the Diamond Bar area. C/Papen attendance at the hearing was affirmed by all members of the Council. C/Kim commended the members of the Planning Commission for the thoroughness of their Minutes. CLOSED SESSION: With no further business to conduct, M/Werner recessed the meeting to Closed Session at 7:39 p.m. for discussion of the sale, lease, purchase or exchange of Walnut Valley Unified School District property known as "Site D." ADJOURNMENT: M/Werner reconvened the meeting to Regular Session at 9:02 p.m. and declared that the following actions were taken during Closed Session: (1) Council directed the initiation of litigation by the City Attorney and special counsel (Jennings, Engstrand & Henrikson) with the County of Los Angeles pertaining to property tax issues. (2) Council directed the City Attorney to prepare the necessary legal notices to consider purchase of the Walnut Valley Water District property. There being no further business to report, M/ Werner adjourned the meeting at 9:05 p.m. LYNDA BURGESS, City Clerk ATTEST: yor