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HomeMy WebLinkAbout08/18/1992 Minutes - Regular Meetingi MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 18, 1992 1. CLOSED SESSION: 5:00 P.M. Personnel - Government Code 54957.6 Litigation Government Code 54956.9 No reportable action taken. 2. CALL TO ORDER: M/Kim called the meeting to order at 6:04 p.m. in the AQMD Auditorium, 21865 E. Copley Dr., Diamond Bar. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Kim. ROLL CALL: Mayor Kim, Mayor Pro Tem Papen, Councilmen Miller and Werner. Councilman Forbing was excused. Also present were Acting City Manager Terrence Belanger; Assistant City Attorney William P. Curley III; Community Development Director James DeStefano; Interim City Engineer George Wentz; Director of Community Services Bob Rose and City Clerk Lynda Burgess. 3. PUBLIC COMMENTS: Red Calkins, 240 Eagle Nest Dr., spoke regarding graffiti and reminded Council that they once considered adopting an ordinance to provide a $500 reward for information leading to arrest and conviction of anybody engaging in an act of graffiti. He suggested that the City reconsider such an Ordinance. He further expressed thanks to staff for their efforts in expediting graffiti removal. Al Rumpilla, 23958 Golden Springs Dr., spoke in defense of CC/Burgess in regard to the flyer distributed throughout the City opposing the General Plan referendum effort and stated that he knew she was not in any way involved with the flyer. He further expressed concern about the changes made in the order of items on the agenda as well as the "speaker" cards. Michael Goldenberg, 1859 Morning Canyon Rd., stated that he had spoken regarding impending rate increases by Jones Intercable and was still awaiting the contact promised by M/Kim and ACM/Belanger. Max Maxwell, 3211 Bent Twig Ln., thanked CC/Burgess for filing the signatures on the referendum presented on August 10 and stated that the Council would determine whether to rescind the General Plan or accept the Plan as is and then set a date for an election. He asked the following: 1) why were the Grand Avenue apartments approved; 2) why was Grand Avenue opened; 3) -- why did the City purchase 4 acres of land for $400,000 without explanation; and 4) why was a new development passed without a General Plan being in place. He further stated he and his group is reviewing the General Plan text and would submit a list of changes to the City. Clair Harmony, 24139 Afamado, asked how much the General Plan campaign cost and who reviewed and authorized the ad. He also AUGUST 18, 1992 PAGE 2 asked what relationship, if any, did the publicly -sponsored advertisement have to do with the flyer that was distributed. He then commented on the flyer and suggested that the City request the Attorney General to investigate printing and distribution of it. Frank Dursa, 2533 Harmony Hill Dr., stated that he felt that the three trash haulers currently doing business in the City are capable and that the City's franchise should be given to the one most competitive while allowing the other two to operate. Andrew Van Houston, 1847 Acacia Hill Dr., stated that after qualifying and asking for his grading permit, he was denied because of the referendum. He pointed out that he owes considerable sums of money on the land and may end up in foreclosure if his permit is not approved. Dan Buffington, 2605 Indian Creek, stated that he had been planning to have an addition built on his house, however, he was denied a permit due to the referendum. He further stated that the building of South Pointe Middle School and the high school in north Diamond Bar would be delayed due to lack of permit issuance as a result of the referendum. He related a previous conversation with Mr. William Gross, chief circulator of the referendum, offering to drop his opposition to Mr. Buffington's project if Mr. Buffington would buy his home. Tom VanWinkle, resident, asked for clarification as to whether or not permit issuance had been halted. He stated that the reason for the referendum was because his group was unhappy with language in the General Plan and indicated that he hoped that the City and citizens could discuss their differences in order to deal with inadequacies in the Plan. 4. COUNCIL COMMENTS: ACM/Belanger stated that the City previously approved and funded an aggressive graffiti removal program whereby complaints are forwarded to the City's contractor, Boys Club of San Gabriel Valley, for removal. C/Miller stated that he had previously proposed a reward to be offered to anyone turning in persons convicted of placing graffiti within the City. He requested Council concurrence to direct staff to prepare a proposal for implementation of a reward system. C/Werner stated that since the City is paying for removal of graffiti, perhaps local organizations could donate the funds for the rewards. C/Miller stated that he had looked into that concept and was informed that the City could go after the individual or his or her parents to repay up to $10,000 in costs incurred for restoration of the damaged area. MPT/Papen asked staff to look into joining the "WE TIP" AUGUST 18, 1992 PAGE 3 hotline and indicated that cities can purchase "WE TIP" program signs. She further stated that the cost of the graffiti removal program has increased 2 1/2 times in the last three years and that the City is presently spending approximately $2100. She asked that staff work with the courts in having persons required to perform community service work on graffiti removal rather than the City paying for it out of its General Fund. ACM/Belanger stated that these directions would be brought back to Council at the second meeting in September. In response to Mr. Rumpilla's comments regarding the flyers circulated opposing the General Plan Referendum, ACM/Belanger stated that he had assured both Mr. Rumpilla and Mr. Harmony that the City had absolutely nothing to do with the creation or distribution of the flyer. Further, the use of Ms. Burgess's name on the flyer was for usage of the postcard attachment by persons wishing to have their names removed from the petition. C/Miller stated that the first time he saw the flyer was in Mrs. Burgess' office and that he was not involved with it in any way. In response to Mr. Rumpilla's complaint regarding the shifting of Public Comments with City Council Comments on the Agenda, M/Kim explained that the Council was experimenting with ways to avoid debates between the Council and the public. In regard to the complaint by Mr. Goldenberg regarding Jones Intercable, M/Kim apologized for not responding, however, he did not remember the specific request. ACM/Belanger stated he should have made certain that Mr. Goldenberg received a response and apologized that it had not happened; however, he would contact Mr. Goldenberg directly to discuss the matter. As to the comment indicating that the City has too many staff members, he stated that the staffing level is currently 24 employees, which has remained constant for the past two years. The City is looking forward to the addition of a Transportation Planner funded from Proposition A monies to deal with transportation and transit issues and what their effects are on the City. In response to C/Werner's request for information regarding cable television rates, ACM/Belanger stated that the federal government, at the urging of the cable television industry, pre-empted state and local governments' involvement in setting rates for local cable companies several years ago. As a result, the City's ability to influence changes in rates charged by the cable company is limited to how much pressure the City can exert on the company toward controlling increases. AUGUST 18, 1992 PAGE 4 In response to Mr. Gross' comments regarding the issuance of permits, ACA/Curley stated that the General Plan Referendum Petition was considered formally filed on August 17, 1992. Once the City Clerk determines that the petition is official, the General Plan is then effectively suspended. California law, both by statute and by case law, indicates that if a City does not have a General Plan, there is a very narrow opportunity for permits to be issued, which is limited to only those relating to interior or non -expansive improvements. Regarding the newspaper ad supporting the General Plan, ACM/Belanger stated that it was published to apprise the public of the process used in development of the Plan and to advise them of the adoption by the City Council. The booklet mentioned was intended to provide a draft of the Plan as it was at the time of distribution to let all members of the public know the City's progress. C/Miller requested Council consensus to direct the City Attorney to explore all available options to expand the amount of permits issued as limited by the Referendum for a report at the next meeting. Following further discussion, it was agreed that a special meeting would be scheduled for Tuesday, August 25, 1992 to discuss the matter. C/Miller requested consensus to direct staff to: 1) meet with the Boy Scouts regarding acquisition of Tonner Canyon; 2) meet with Senator Frank Hill and Assemblyman Paul Horcher to determine if conservancy or other funds are available to acquire the property; 3) upon determination of available funding sources, direct staff to bring back the necessary documents for approval for a bond issue for the remainder of the funds to be placed on the first available ballot to fund the acquisition of Tonner Canyon; and 4) form a committee composed of the proponents of the "Save Tonner Canyon" group and other interested members of the community whose task would be to present the validity of the acquisition to the community through public meetings and other presentations. Following discussion, ACM/Belanger stated that staff would research and prepare a report for future Council discussion. ACM/Belanger commented on concerns raised regarding the following: 1) Grand Avenue Apartments --the applicant originally proposed the development to the County either prior to incorporation or while the County was still handling Planning functions for the City. The applicant had an approved project and had posted a significant bond and when ready to commence building, was informed that she would have to begin all over again. The Planning Commission approved the project following the applicant's re -submittal; 2) Grand Avenue opening from San Bernardino County --the opening of the street was never an issue as case law indicates that agencies cannot barricade major regional streets. The issue was AUGUST 18, 1992 PAGE 5 whether the County of San Bernardino was responsible for mitigating the impacts on the streets of Diamond Bar once Grand was opened. Mitigation measures were negotiated and agreed upon between the City and the County of San Bernardino; 3) purchase of four acres of Water District land --this purchase was primarily intended to expand the City's capital asset base; 4) documents requested by Mr. Maxwell --he would make sure they were available and indicated that he had not been aware that Mr. Maxwell had not already obtained the correct copies; 5) conversion of D.B. Golf Course to shopping mall --this was an idea proposed and rejected during development of the General Plan. The issue has been dead for at least 18 months. C/Werner stated that he felt that the problem with the General Plan had more to do with how the process was conducted rather than the contents of the document itself. Further, Council needs to become more sensitive to the process and to public input. ACA/Curley stated that staff can ask for the Attorney General's help in regard to the flyer; however, he was not sure of their capabilities to respond. Following discussion, Council recommended that staff contact the Attorney General's office for an opinion on how the referendum will impact the General Plan and not on the flyer that was distributed. In regard to Mr. Dursa's inquiry on the trash issue, C/Papen asked who leaked the information regarding negotiations. In response to C/Werner's request for an update on the status of negotiations with Western Waste, ACM/Belanger stated that staff met with Western Waste representatives several times at the direction of the subcommittee and that the subcommittee has been kept informed of the progress. As a result, a sub- stantial form of the agreement was negotiated. Representa- tives from Western Waste met with the subcommittee to resolve all final issues and prepare a general agreement but there are still some issues to be resolved at the subcommittee level. C/Werner stated that he did not feel that this information was confidential. In response to Mr. Van Houston's comments regarding his grading permit, ACM/Belanger stated that it had not been denied but rather that the permit had not yet been issued and -- that after the special Council meeting on August 25th, there will be a better understanding of the problem. C/Miller stated that Council is trying to listen to the community and changes made in the agenda is not intended to preclude the community from being involved. C/Werner felt that everyone should be ashamed for the behavior AUGUST 18, 1992 PAGE 6 displayed during past meetings. C/Papen stated that in regard to Mr. Goldenberg's inquiry into Jones Intercable rate increases, the only way the City can control a cable company is through the franchise agreement. The agreement for Jones will be presented for renewal within six months to a year and staff will prepare for negotiations by compiling all complaints received by the City. Further, she will ensure that Mr. Goldenberg is notified when the franchise agreement is scheduled for public discussion. 5. CONSENT CALENDAR: C/Werner moved, C/Miller seconded to approve the Consent Calendar with the exception of Items 5.4 and 5.5 which were removed due to the filing of the General Plan Referendum. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Werner, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Forbing 5.1 SCHEDULE OF FUTURE EVENTS: 5.1.1 Concert in the Park - Aug. 19, 1992 - 6:30 - 8:00 p.m., Shout (60's Music), Sycamore Canyon Park, 22930 Golden Springs Rd. 5.1.2 5.1.3 5.1.4 5.2 5.3 5.4 5.5 5.6 5.7 RECESS: RECONVENED: Planning Commission - Aug. 24, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. Parks & Recreation Commission - Aug. 27, 1992 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. City Council Meeting - Sept. 1, 1992 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. WARRANT REGISTER - Approved Warrant Register dated August 18, 1992 in the amount of $208,387.56. TREASURER'S REPORT - JUNE 1992 - Received and filed. LOT LINE ADJUSTMENT BETWEEN PARCEL NO. 1 OF PARCEL MAP NO. 15375 AND PARCEL NO. 1 OF PARCEL MAP NO. 2151, LOCATED AT 3302 S. DIAMOND BAR BLVD. - Tabled. LOT LINE ADJUSTMENT BETWEEN PARCEL BETWEEN PARCEL NO. 10 AND 11 OF PARCEL MAP NO. 18722 LOCATED AT 2747 DIAMOND BAR BLVD. - Tabled. APPROVED THE FOLLOWING CONTRACT, ENTITLED: IPS SERVICES, INC. - 1993 SLURRY SEAL PROGRAM - AREA 3, in an amount not to exceed $159,873.30 with a contingency of $12,000. APPROVED THE FOLLOWING CONTRACT, ENTITLED: BREA, CITY OF - RECREATION SERVICES - Approved extension of the contact for Recreation Services with the City of Brea in the amount of $266,265. M/Kim recessed the meeting at 8:05 p.m. M/Kim reconvened the meeting at 8:20 p.m. AUGUST 18, 1992 PAGE 7 6. OLD BUSINESS: 6.1 PRESENTATION REGARDING STATE OF CALIFORNIA BUDGET CRISIS AND ITS EFFECT ON THE CITY OF DIAMOND BAR - Following presentation of a video on the State budget crisis prepared by the League of California Cities and explanation of the impacts on the City by ACM/Belanger, C/Miller moved, MPT/Papen seconded to suspend all Council travel except to Sacramento to negotiate with the State. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Werner, Miller, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Forbing MPT/Papen announced that interested groups or individuals may borrow the video tape simply by contacting City Hall. In addition, she requested that Jones Intercable offer CSPAN and CALSPAN and asked the community to write to Jones as well as our representatives in Sacramento telling them that the services local government provide to the people are ones that should be left in place, the funding should be there as a top priority because this is where the quality of life is. 6.2 FEASIBILITY OF MEDIAN ISLANDS ON GOLDEN SPRINGS DR. BETWEEN BREA CANYON RD. AND THE STATE ROUTE 57 FWY. OVERPASS - At the June 11 and July 9, 1992 Traffic and Transportation Commission meetings, the Commission was provided with the preliminary layout of the proposed medians along Golden Springs Dr. Pros and cons were reviewed and evaluated. ACM/Belanger requested that this matter be continued to the meeting of September 1, 1992. At the recommendation of ACM/Belanger, this was continued to September 1, 1992. 7. NEW BUSINESS: 7.1 COUNCIL SUB -COMMITTEE FOR SENIOR CITIZEN ISSUES - CSD/Rose reported that there appeared to be several issues regarding senior citizens which would best be handled by a City Council subcommittee working with members of the community as well as Parks & Recreation, Traffic & Transportation and Planning Commissioners. -- Following discussion, C/Werner and M/Kim were appointed to .erve on the subcommittee. 8. _-FUBLIC.HEARING: 7:00 p.m. or as soon thereafter as matters pari be heard. 8.1 Adopted the following Resolution, No: 89-97G, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND AUGUST 18, 1992 PAGE 8 BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL. M/Kim declared the Public Hearing open. There being no testimony offered, M/Kim closed the Public Hearing. C/Miller moved, C/Werner seconded to adopt Resolution No. 89-97G adding the positions of Accounting Manager, Senior Engineer and Transportation Planner and changing the title of Director of Parks & Maintenance to Director of Community Services. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Werner, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Forbing 9. ANNOUNCEMENTS: Michael Goldenberg expressed concern regarding the franchise with ,Tones Intercable in that no company should be allowed to have a monopoly. He further expressed disapproval regarding the number of employees hired by the City. ACM/Belanger explained that the City no longer contracts for engineering and planning functions and that staff had been hired for these duties but that the number of employees had not changed in over two years. Further, the City employs only one person part-time. C/Miller again encouraged citizens to call him whenever they have concerns to express. C/Werner also welcomes citizen contact and announced that his telephone number is 860-1757. MPT/Papen stated that she can be reached at 396-5668 and reminded interested parties to contact City Hall to borrow the video tape regarding the State's budget crises. 10. ADJOURNMENT: With no further business to conduct, C/Werner moved, MPT/Papen seconded to adjourn the meeting to Tuesday, August 25, 1992 at 7:00 p.m. _ LYNDA BURGESS, __f,#y Clr-k ATTEST: Mayor