HomeMy WebLinkAbout09/10/1991 Minutes - Regular MeetingMINUTES OF STUDY SESSION
CITY OF DIAMOND BAR
SEPTEMBER 10, 1991
CLOSED SESSION: 5:30 - 6:30 P.M.
Litigation - Government Code Section 54956.9
Personnel - Government Code Section 54957.6
1. CALL TO ORDER: M/Forbing called the meeting to
order at 7:03 p.m. in the Council
Chambers, W.V.U.S.D., 880 S. Lemon
Avenue, Diamond Bar, California.
M/Forbing announced that during
Closed Session, C/Werner and C/
Nardella were appointed to a Council
Committee on Undeveloped Land
Entitlements.
CA/Arczynski announced that dis-
cussion of the Los Angeles County
property tax litigation had also
taken place during Closed Session.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge
of Allegiance by Mayor Forbing.
ROLL CALL: Mayor Forbing, Mayor Pro Tem Kim,
Councilmen Papen, Nardella and
Werner.
Also present were Robert L. Van
Nort, City Manager; Terrence L.
Belanger, Assistant City Manager;
Andrew V. Arczynski, City Attorney;
James DeStefano, Director of
Community Development; Sid Mousavi,
Public Works Director/City Engineer
and Lynda Burgess, City Clerk.
2.1 STUDY SESSION:
2.1.1 GENERAL PLAN - CDD/DeStefano indicated that notices
had been published for the Hearing on the General
Plan conducted by the Planning Commission on
September 9, 1991. In addition, letters were sent
to 39 organizations either directly or indirectly
affected by the Plan and to 25 owners of undev-
eloped properties that may be impacted by General
Plan and zoning changes. Press releases were
published in the S.G. Tribune and the Inland Valley
Daily Bulletin and a substantial portion of the
City's Newsletter was dedicated to the General Plan
process. He recommended that the list of organi-
zations, press members and individuals who pre-
viously received information should be reviewed to
ensure that they receive additional information on
SEPTEMBER 10, 1991 PAGE 2
the status of the Plan. Further, he suggested
sending press releases to the Windmill, Chamber of
Commerce and other organizations with internal
publications and request that Jones Intercable
create a video summary of the Plan and components
and use it for either a normal broadcast or pre-
sentation to various groups in the community. He
proposed a "road show" concept to address local
organizations about the General Plan, the issues,
how the public may be affected and the City's
desire for public input. A summary document for
creation of an education program to present to
organizations, schools, etc. to provide an aware-
ness of the future of the City was also
recommended.
During discussion, further suggestions included:
placing notices of meeting dates in the Windmill
and the City Newsletter, contacting school
districts to arrange for flyers to be distributed
to the students, advertising over cable TV and
contacting the Walnut Valley Water District to
arrange for notices to be sent with water bills.
C/Werner suggested publishing the General Plan's
goals and objectives including background
information and maps as well as a schedule for
review.
C/Papen stated that the plan reviewed by the
Planning Commission was not the document proposed
for adoption by the General Plan Advisory
Committee. She requested that the GPAC be
reconvened to review the current version.
CDD/DeStefano suggested that a flyer be prepared
outlining what the General Plan is all about
(including general goals), why it is important to
the community, why public input is important,
etc., and invite public participation. Once the
Plan is approved, send a general summary of the
Plan including adopted goals and objectives so that
everyone will know what directions the City will be
taking for the next 20 years. He also commented
that approximately two GPAC meetings would be
required for review of the revised Plan.
Following discussion, staff was directed to provide
Council with copies of the revised Plan along with
staff reports and minutes.
Bruce Flamenbaum, General Plan Advisory Committee
Member, stated that, in his opinion, the draft Plan
did not reflect what was approved by GPAC and that
GPAC would like to sign off on the final document.
SEPTEMBER 10, 1991
PAGE 3
Al Rumpilla stated that members of GPAC were upset
over changes in the proposed Plan.
Lavinia Rowland suggested that once the document is
ready for public input, advertise those things that
will shock the public into coming out and speaking.
Staff was directed to meet with GPAC for review of
the draft Plan to determine if it was the document
they approved; conduct Planning Commission Public
Hearings; publish a summary of the Plan and notify
the public further through inserts in utility
bills, etc. In addition, provide a final draft of
the Plan to the Council along with a report regard-
ing what had transpired since conclusion of GPAC
meetings.
2.1.2 DRAFT RESOLUTION NO. 91-$8 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING CITY COUNCIL STANDARDS OF OPERATION -
CM/Van Nort stated that Council previously directed
staff to prepare an amendment to the Resolution
establishing Council standards of operation. The
draft amendment contained sections extracted from
similar policies in other cities but did not
include penalties for violations.
C/Papen recommended that Section 1 F, second
sentence, be changed to read "the Council may
listen to their comments" when talking about
scheduling public hearings.
In response to C/Papen's inquiry regarding Section
5, Litigation and Confidential Information,
CA/Arczynski stated that if a Councilmember
released Closed Session information to the press,
the Council's only recourse would be through public
censure.
MPT/Kim requested that Section 1 C be changed to
"Citizens may be requested to put verbal concerns
in writing..." He further requested that Section 1
D be more clearly defined.
Following discussion on Section 1 D, C/Papen sug-
gested that the wording be changed to "the Mayor
may request that there be a spokesperson..." re-
garding multiple speakers on the same issue.
C/Werner suggested the following re -wording for
Section 1 D: "the Mayor may request that there be
a spokesperson and that others limit their comments
by indicating support or opposition to points
already made and raising only non -repetitive
points."
SEPTEMBER 10, 1991
PAGE 4
M/Forbing suggested removal of the words "At the
beginning of the meeting," and inserting "Under
Public Concerns, if there are a number of
people..."
Following discussion of Page 2 Section 1 F, M/
Forbing suggested that the words "public hearing"
be changed to "agenda item" and the word "will" in
sentence 5 to "may."
C/Werner suggested that Section 1 G be changed to
"With Council approval, Mayor may schedule Council
review of agenda items out of their prescribed
order on the printed agenda."
M/Forbing suggested that Section 1 I be changed to
"The Councilmember making a motion should restate
the motion..."
Following discussion, Sections 1 L, 1 0 and 6 G
were deleted.
Following discussion, Section 1 P was changed to
reflect that City Council and Planning Commission
audio tapes are to be retained for two years and
all other Commission tapes may be reused after
approval of Minutes.
C/Papen requested that Section 4 E be changed to
"Councilmembers will direct all issues to the City
Manager."
Section 4 F was changed to read "A Councilmember
shall not initiate any action or prepare any report
that is significant in nature or initiate any
project or study without the approval of the
majority of the City Council."
CA/Arcyznski suggested that the words "It is the
Chair's responsibility to control the conduct of
the meeting" be added to Section 1 along with an
indication that any Councilmember would have the
prerogative to request that a speaker be ruled out
of order.
2.1.3 CITATION AUTHORITY - CM/Van Nort reported that this
matter was for discussion as to whether or not
citation authority is a useful tool for enforcement
of zoning and building codes, regulations, rules
and policies. He further stated that the City
Attorney's opinion was that it is not an appro-
priate tool for code enforcement due to problems in
dealing with the District Attorney's office, etc.
Mr. Van Nort stated that, in his experience, having
a person issue only citations is too limiting and
SEPTEMBER 10, 1991 PAGE 5
that the District Attorney could process the
citations on a contractual basis.
CDD/DeStefano stated that those cities having
citation authority feel it is more expeditious in
eliminating a variety of code enforcement viola-
tions. Cities against establishing code enforce-
ment citation authority were concerned that this
power was inappropriate and determined that com-
plaints be handled through a letter process.
C/Papen requested that required appearance at a
mediation hearing should be included in the policy.
Al Rumpilla was opposed to the City providing
citation authority.
C/Werner stated that he agreed with the City
Attorney that the City is not in need of citation
authority. He suggested that staff be directed to
bring the matter back when there appears to be a
more obvious need, determined by the number and
type of cases inhibiting the community.
C/Papen stated that she believed citation authority
was necessary and asked staff for percentages of
cases not resolved in two weeks and/or thirty days.
In response to C/Papen's inquiry, Code Enforcement
Officer Al Flores stated that approximately 5% of
the cases could not be resolved immediately and
that 15 - 20% take over thirty days. He described
the types of cases requiring over 30 days for
resolution. With Council consensus, staff was
directed to bring the matter back in the form of an
Ordinance.
2.1.4 REAPPORTIONMENT - M/Forbing outlined the plans for
realignment of Senate and Assembly districts and
stated that a hearing would be held on September
11, 1991 regarding the Democratic plan and asked
for Council direction whether staff should be
expected to attend.
C/Papen requested Council consent to go on record
in opposition to the elimination of Diamond Bar
from the L.A. County District.
Following discussion, staff was directed to prepare
a letter to be sent to the City's Lobbyist indicat-
ing the City's opposition to the proposal.
SEPTEMBER 10, 1991 PAGE 6
3. ANNOUNCEMENTS: C/Papen asked staff to contact
CalTrans requesting clean up of the
57/60 freeway interchange which was
littered with newspapers, tires,
etc.
MPT/Kim requested staff to direct
the removal of graffiti on the south
side of the concrete building
located along the 60 fwy. west of
Brea Canyon Rd.
C/Nardella suggested that the City
consider assisting property owners
in planting bramble bushes, poison
ivy, etc., to deter persons spraying
graffiti on the back side of
buildings.
4. ADJOURNMENT: With no further business to conduct,
M/Forbing adjourned the meeting at
9:24 p.m.
LYNDA BURGESS, City Clerk