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HomeMy WebLinkAbout09/01/1992 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 1, 1992 1. CLOSED SESSION: 5:00 p.m. Litigation - Government Code 54956.9 Personnel - Government Code 54957.6 No reportable action taken. 2. CALL TO ORDER: M/Kim called the meeting to order at 6:00 p.m. in the AQMD Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Kim. ROLL CALL: Mayor Kim, Mayor Pro Tem Papen, Councilmen Forbing, Werner and Miller. Also present were Terrence L. Belanger, Acting City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Community Development Director; David Liu, Associate Engineer; Bob Rose, Community Services Director; Dennis Tarango, Building Official and Tommye Nice, Deputy City Clerk. 3. PUBLIC COMMENTS: Frank Dursa, 2533 Harmony Hill Dr., objected to an insinuation that the proponents of the Referendum are liars. In reference to the article written in the L.A. Times, he stated that he believes that there is a conflict of interest between MPT/Papen and Western Waste. If Western Waste is awarded the contract, citizens will pay more money for their trash pickup. Kim Peace, 2565 Castle Rock Rd., requested that her name be removed from the Referendum and as petition circulator. She noted that some of the petitions she circulated were signed by another circulator. She stated that she is now upset because South Pointe Middle School cannot begin construction because of the petition. She apologized to the City Council, the citizens and the Walnut Unified School District for her participation in the referendum. Clair Harmony, 24139 Afamado Ln., stated that he does not approve of the City Council's system of delaying answers to public inquiries until the end of all Public Comments. He requested that the City Council authorize the City Attorney to release a full and complete legal opinion for review. He then inquired into how much money had been spent and will be spent to cure the source of water running down Golden Springs. Lydia Plunk, 1522 Deer Foot Dr., asked if the City Council -- could meet at another facility more conducive to intimate gatherings, so that there is not an atmosphere of "The City Council vs. the People". Max Maxwell, 3211 Bent Twig Ln., stated that the group collecting signatures were as forthright as possible, offering various pieces of information. Regarding Mrs. Peace's claim SEPTEMBER 1, 1992 that he had signed petitions as circulator petitions she herself had circulated, he stated that that was a personal matter between himself and Mrs. Peace. He then inquired why the City Council adjourned for a Closed Session at the last meeting without advance notification to the public. Sharon Wilkens, resident of Chino.. -Hills, complimented.D.B..'s Key Club members and thanked them for all their hours assisting the new Library in Chino Hills in preparing for their opening. Tom Van Winkle, resident, indicated that Diamond Bar includes Tonner Canyon. The statement on the green card, issued for the Referendum, was not at all misleading. He noted the development projects being proposed that will affect Tonner Canyon. He also noted that the General Plan indicates that the City can do anything it wants to raise taxes to obtain money. C/Miller, in response to Mr. Dursa's comments, stated that he believed that the citizens were misinformed. Regarding the waste article in".the L.A. Times, CA/Arczyriski stated that conflict of interest concerns were presented to ._ the Fair Political Practices Commission in writing, with a number of follow up questions based upon specific requests for information from the legal staff of the Commission. They issued their opinion. As far as campaign contribution issues, it would appear that someone, desiring the contract to service this City for trash, is trying to grind an axe. MPT/Papen noted that it is unfair for that article to make such statements when no such letter was ever sent to the FPPC or to the City Attorney. She stated that if she is to be disqualified for political contributions, as was suggested, then all Councilmembers could be disqualified, if the rule is applied equally and fairly to all. She stated that she will abide by the FPPC decision. C/Werner stated that, for the record, if he had been in MPT/Papen's position, he would have abstained from voting, as he has done so from other projects in the past, because of what might appear to be conflicts. MPT/Papen stated that she feels it is inappropriate for C/Werner to have appointed his business partner to a Commission of the City, to bid on projects with other Council and staff people, and to do business with consultants. It is improper for Council people to look after the interest of -- their clients as it affects the City. She then stated that it is very up front that C/Werner has been trying to sabotage the waste issue. She went on to explain that the State has mandated that the City reduce trash by 25% by the year 1995 and 50% by the year 2000. The first element of the SRRE is to franchise. The franchisee bears the cost of the 54 programs SEPTEMBER 1, 1992 PAGE 3 needed to be implemented and also agrees to indemnify the City regarding the $10,000 fine per day if AB939 goals are not met by the year 1995. The City is a year behind in its plans. C/Werner stated that his intent was to clarify for the record that he and MPT/Papen were not on equal standing in terms of campaign contributions, as she had indicated. In regard to the comment that he sabotaged the garbage issue, he pointed out that MPT/Papen asked, by motion, that he be on the subcommittee for trash. CA/Arczynski, per the request of C/Werner, explained that once petitions are filed with the City Clerk, no names may be removed from any of the petitions, whether a signer or a circulator. C/Miller requested that Ms. Peace's statement --that petitions she circulated were signed by others as circulator --be forward to the District Attorney's Office. At the request of C/Werner, CA/Arczynski explained that the school district does not necessarily require approval from the City for planning and zoning activities with regard to a new school. However, they usually work with the City on grading requirements to avoid liability issues. MPT/Papen stated that because the City cannot do an EIR to move the dirt off-site from South Point Middle School, the construction of the new school is on hold until the moratorium is settled. CA/Arczynski, in regard to Mr. Harmony's request to release a complete legal opinion, explained that he is honor bound not to release any documents provided to the City Council under attorney/client privilege unless the City Council authorizes its release, which requires three votes of the City Council. MPT/Papen stated that because she was not present at the last meeting, she was not aware what legal review is being sought. C/Forbing stated that information marked confidential from the City Attorney to the Council, for the basis of discussion in a Closed Session, should not be made available. C/Miller concurred with C/Forbing and stated that there should be no problem with releasing the information regarding the statute that the opinion was based upon. -- There was consensus among the Council to direct the City Attorney to release the information that was the basis for the Council's decision. M/Kim asked the Council's opinion regarding the present method of conducting the Public Comment portion of the agenda. It was the consensus to return to the previous method as long as SEPTEMBER 1, 1992 PAGE 4 temperaments are controlled. ACM/Belanger, in regard to the Golden Springs Dr. water leakage problem, stated that he will send a written response to Mr. Harmony after he has had an opportunity to talk with the City Engineer and engineering staff. ACM/Belanger, in response to Mrs. Plunk, stated that, in his experience, it is the people in the room that create the perception in the setting, rather than the setting itself. However, staff will do an inventory of facilities that are generally open to the public. MPT/Papen noted that usage of the AQMD facility is free and is wired for cable television broadcast. CA/Arczynski, in regard to Mr. Maxwell's inquiry, explained that a Closed Session need not be on the agenda and need only be announced, as was done. C/Werner, in reference to a comment made by Mr. Maxwell ; indicating that he was present at one of the tables collecting signatures for the referendum, stated that, for the record, his presence should not be misconstrued to indicate his ._ support, or objection, to the efforts made by this group. However, after the fact of the petition, he stated that he is not in support of their Referendum effort. ACM/Belanger stated that he will respond to each of Mr. Van Winkle's comments in writing and make that response available to the City Council and to the press. 4. COUNCIL COMMENTS: C/Werner, concerned that he has been accused of sabotaging the garbage decision, requested that the matter be brought back to the agenda at the next meeting for a decision. C/Miller, speaking as a subcommittee member, stated that he has not had an opportunity to review all the proposed contract drafts. The matter should not be brought to the Council until the issue has been prepared properly. MPT/Papen stated that she was referring to a leak of Closed Session contract negotiations prior to finalization. She then announced that Jones Intercable is showing CALSPAN on Channel 52, Monday -Friday, 9:00 a.m. to 4:00 p.m. M/Kim denied C/Werner's request to bring the waste matter back to the Council at the next meeting since the subcommittee is not yet ready. 5. CONSENT CALENDAR: Motion made by C/Miller, seconded by MPT/Papen to approve the Consent Calendar, presented. With the following Roll Call vote, motion carried unanimously: SEPTEMBER 1, 1992 PAGE 5 AYES: COUNCILMEN: Miller, Werner, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 5.1 SCHEDULE OF FUTURE EVENTS: 5.1.1 Traffic & Transportation Commission - September 10, 1992 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.1.2 Planning Commission - September 14, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.3 City Council Meeting - September 15, 1992 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.4 Parks & Recreation Commission - September 24, 1992 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.2 APPROVAL OF MINUTES - Regular Meeting of August 4, 1992 - Approved as presented. 5.3 WARRANT REGISTER - Approved Warrant Register dated September 1, 1992 in the amount of $628,084.65. 5.4 PLANNING COMMISSION MINUTES - 5.4.1 MEETING OF JULY 13, 1992 - Received and filed. 5.4.2 MEETING OF JULY 27, 1992 - Received and filed. 5.5 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of July 9, 1992 - Received and filed. 5.6 BOND EXONERATION FOR ROAD IMPROVEMENT AND STREET TREES ON TRACT 45268, WILLIAM LYON HOUSING TRACT - Adopted the following Minute Order entitled: TRACT 45257, BOND EXONERATION, ROAD IMPS - Approved bond exoneration for improvements on Tract No. 45268 in the amount of $997,000 and directed the City Clerk to notify L.A. County, the principal and surety of Council's action. 5.7 APPROVED GRADING BOND RELEASES - 5.7.1 GRADING SECURITY BOND NO. 5074793, LOT 68 OF TRACT 23483 IN THE AMOUNT OF $3,000 - Adopted the following Minute Order entitled: TRACT 23483, LOT 68, GRADING SECURITY BOND RELEASE - Approved release of security bond no. 5074793, 2276 Indian Creek Rd., posted in the amount of $3,000 and directed City Clerk to notify L.A. County, the principal and surety of Council's actions. 5.7.2 GRADING SECURITY DEPOSIT FOR 2177 ROCKY VIEW ROAD, LOT 128, TRACT 30091 - Adopted the following Minute Order entitled: TRACT 30091, LOT 128, GRADING SECURITY BOND RELEASE - Approved release of $7,522 cash deposit from SEPTEMBER 1, 1992 21 PAGE 6 Ray A. Russell for 2177 Rocky View Rd. 5.8 ADOPTED THE FOLLOWING RESOLUTION, NO: 92-50, ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING AND DIRECTING THE CITY CLERK, ON BEHALF OF THE CITY OF DIAMOND BAR, TO ACCEPT THE OFFERING OF THE EASEMENT DEED LOCATED ON SHOTGUN LANE AT GRAND AVENUE AND DIRECT THE CITY CLERK TO RECORD THE EASEMENT DEED. 5.9 ADOPTED THE FOLLOWING RESOLUTION, NO: 92-51, ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF A "ONE WAY" SIGN ON DIAMOND BAR BLVD. AND RED CURBING OF FOUNTAIN SPRINGS ROAD APPROXIMATELY 50 FEET - As recommended by the Traffic & Transportation Commission. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 6.1 PROCLAMATIONS: 6.1.1 PROCLAIMED OCTOBER 1, 1992 AS "BOOK IT" DAY - Presented by MPT/Papen. 6.1.2 URGING GOVERNOR WILSON TO SIGN AB 1718 - C/Werner presented the Proclamation urging Governor Wilson to sign Senate Bill 1718 to allow the City of Industry to make property available to the Pomona Valley Unified School District for construction of a high school in the City of D.B. Council encourages all citizens to communicate their support to the Governor's office. 6.2 CERTIFICATES OF APPRECIATION: 6.2.1 CERTIFICATE OF APPRECIATION - SENATOR FRANK HILL - C/Miller read the Certificate of Appreciation to be presented to Senator Frank Hill for proposing legislation to provide the land necessary for construction of a high school in D.B. 6.2.2 CERTIFICATE OF APPRECIATION - ASSEMBLYMAN PAUL HORCHER - M/Kim explained that the Certificate of Appreciation to be presented to Assemblyman Paul Horcher was identical to that for presentation to Senator Frank Hill. 7. OLD BUSINESS: 7.1 TONNER CANYON, STATUS REPORT RE PURCHASE OF - ACM/Belanger reported that staff had contacted the offices of Senator Frank Hill and Assemblyman Paul Horcher to request their support in evaluating available revenue sources at the State level and to guide the City through the State process to acquire funds to apply to the purchase of Tonner Canyon. Further, staff contacted a representative of the Boys Scouts; however, they did SEPTEMBER 1, 1992 PAGE 7 not respond to questions regarding the sale of their land in the Canyon. C/Miller requested staff to bring to the next meeting the necessary documents to form a committee to study acquisition of Tonner Canyon and invite Max Maxwell, Don Schad, William Gross, Tom Van Winkle, Clair Harmony, James Roberts and Frank Dursa to join the committee due to their public concern to save Tonner Canyon. 7.2 RESOLUTION NO. 92-52: NAME CHANGE OF COLIMA - ACM/Belanger reported that the City received one reply to its notice to all property owners and businesses located on Colima Road regarding the proposed name change to Golden Springs Drive. The respondent, Bandi and Bandi, Attorneys at Law, indicated that they wished for the street name to remain the same for the following reasons: 1) they previously had to adjust for the name of the City in their address from Walnut to Diamond Bar with a Walnut Zip Code; 2) they still have problems with the postal service; 3) the telephone company will be changing the Area Code in November; 4) noticing all clients of such changes is expensive and 5) many clients will think the firm has moved and, therefore, will seek legal advice elsewhere. C/Werner recommended that if the Council agrees to change the name, that the change coordinate with the change in telephone Area Code. C/Forbing noted that extending the road will not make that much of a difference. Since the City must give a six-month notice of the proposed change, it cannot be made to coincide with the Area Code change. MPT/Papen stated that the Traffic & Transportation Commission had recommended deferring action on this change because they had mistakenly thought that Fairway Drive was in the City's Sphere of Influence. M/Kim suggested that the matter be deferred to a later date because there is no urgency and no public support. Tom Van Winkle, resident, stated that the residents in the area have trouble receiving mail from couriers. He suggested that the City first work on getting that portion of D.B. changed to the D.B. Zip Code and then work on the name change. C/Miller stated that the City has been working for several years to change the Zip Code in that area. He suggested that staff follow through with the Walnut Post Office to see if there is confusion. C/Forbing moved, seconded by C/Werner to adopt Resolution SEPTEMBER 1, 1992 PAGE 8 No. 92-52 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR FINDING THAT THE NAME OF COLIMA ROAD, BETWEEN BREA CANYON ROAD AND WESTERLY CITY LIMIT, SPECIFICALLY SET FORTH HEREINAFTER SHOULD BE CHANGED TO GOLDEN SPRINGS DRIVE. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN - M/Kim ABSENT: COUNCILMEN - None 7.3 CROSSING GUARD SERVICES FOR SCHOOL YEAR 1992-93 - Approved the following Contract, entitled: SECURICORP/MASTERGUARD INT'L - CROSSING GUARD SVCS - AE/Liu reported that staff advertised and received bids from three qualified firms for provision of Crossing Guard services for the 1992-93 school year. He recommended awarding a contract to Securicorp/Masterguard International, Inc., the lowest responsible bidder, in the amount of $55,000. Following discussion, it was moved by C/Forbing, seconded by C/Miller to award a contract to Securicorp/Masterguard International, Inc. in an amount not to exceed $55,000 for Crossing Guard Services for the 1992-93 school year. With the following Roll Call vote, motion carried unanimously: AYES: COUNCILMEN - Werner, Forbing, Miller, MPT/ Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 7.4 CITY MANAGER APPOINTMENT - C/Miller reported that the Personnel Committee requested Council concurrence to negotiate an employment agreement with Terrence L. Belanger for appointment of Mr. Belanger as the City Manager. Council unanimously concurred. RECESS: M/Kim recessed the meeting at 7:55 p.m. RECONVENE: M/Kim reconvened the meeting at 8:05 p.m. 8. NEW BUSINESS: 8.1 ADOPT -A -PARK PROGRAM - Adopted the following Minute Order entitled: ADOPT -A -PARK PROGRAM - CSD/Rose stated that the Parks & Recreation Commission were recommending adoption of an Adopt -A -Park Program. Following discussion, MPT/Papen moved, seconded by C/Forbing to approve the Adopt -A -Park Program. Motion carried unanimously. SEPTEMBER 1, 1992 PAGE 9 9. PUBLIC HEARINGS: 9.1 ZONING CODE AMENDMENT 92-2 - HILLSIDE MANAGEMENT - ORDINANCE (HMO), ORD. NO. 14-1990) AND ZONING CODE AMENDMENT 92-3 (COMMERCIAL -MANUFACTURING (CM) ZONE, ORD NO. 15-1990) - ACM/Belanger reported that Zoning Code Amendment 92-1 (Hillside Management) and Zoning Code Amendment 92-3 (Commercial -Manufacturing) were to be presented to the Planning Commission for public hearing and review. As a result of the Referendum and suspension of the General Plan, the Planning Commission was unable to take action on these Ordinances. He recommended continuing the Public Hearing to October 6, 1992. Council concurred. 9.2 ORDINANCE NO. 3 (1992) - UNIFORM CODES - BO/Tarango reported that, on August 4, 1992, the Council set for Hearing adoption of the 1991 Uniform Building Code, 1991 Plumbing Code, Electrical Code, and Housing Code. He recommended that Council adopt the Resolution of Findings in Ordinance No. 3 (1992). CA/Arczynski, in response to Mayor Kim's inquiry, explained that the 180 days, given by State legislation, requires staff to implement the Uniform Building Code by the August 14, 1992 timeline. However, the Buildings Standards Commission was not timely getting out the publication of the documents. Staff needed to thoroughly analyze the codes, Title 24, and point out areas of modifications necessary to adapt them to the City's needs and requirements. The timeline isn't going to be critical to someone trying to process a project because he will be permitted to continue under the ordinances in effect when the plans were submitted. BO/Tarango, per the request of M/Kim, highlighted the following changes pertaining to these new codes: the Uniform Building Code (1991) establishes minimum requirements for housing standards and gives the City authority to address maintenance of residences, require minimum lighting and ventilation, sanitation facilities, update some illegal wiring and weather protection; the Plumbing Code requires all new structures to be equipped with additional water mains for future use of reclaimed water and landscape irrigation systems, the Ordinance provides for the reduction of a timeline for demolition permits and establishes the minimum design criteria for foundation work and expansive soils. M/Kim declared the Public Hearing open. With no testimony being offered, M/Kim closed the Public Hearing. C/Miller moved, seconded by C/Werner to waive full SEPTEMBER 1, 1992 PAGE 10 reading and adopt Ordinance No. 3 (1992), entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING TITLE 26 (BUILDING CODE), TITLE 27 (ELECTRICAL CODE), TITLE 28 (PLUMBING CODE) AND TITLE 29 (MECHANICAL CODE) OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, ADDING A NEW TITLE 15 TO THE DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE, THE "UNIFORM ADMINISTRATIVE CODE", 1991 EDITION, THE "UNIFORM BUILDING CODE", 1991 EDITION, INCLUDING ALL APPENDICES THERETO AND THE "UNIFORM BUILDING CODE STANDARDS", 1991 EDITION, THE "UNIFORM MECHANICAL CODE", 1991 EDITION, THE "UNIFORM PLUMBING CODE", 1991 EDITION, THE "NATIONAL ELECTRICAL CODE", 1990 EDITION, THE "UNIFORM HOUSING CODE", 1991 EDITION, THE "UNIFORM SWIMMING POOL, SPACE AND HOT TUB CODE", 1991 EDITION TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS AND EXCEPTIONS, INCLUDING FEES AND PENALTIES. With the following Roll Call vote, motion carried: AYES: COUNCILMEN: Miller, Werner, Forbing, MPT/ Papen, M/Kim NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 9.2.1 RESOLUTION NO. 92-53: UNIFORM CODES - C/Miller moved, seconded by C/Werner to adopt Resolution No. 92-53, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE UNIFORM BUILDING CODE, UNIFORM PLUMBING CODE AND NATIONAL ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. 3 (1992), ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 9.2.2 RESOLUTION NO. 92-54 - GENERAL PLAN - ACM/ Belanger reported that the Government Code provides a process by which cities can request an extension of time from the Office of Planning and Research for completion of their General Plans. Although the City's General Plan was adopted in July, the Referendum petition suspended operation of the Plan. As a result, the City desires to request that the State grant another extension of time, a process for which there is no statutory authority. In response to C/Werner's inquiry into the SEPTEMBER 1, 1992 PAGE 11 City's risk for issuing permits for swimming pools, tennis courts and residents on approved lots, CA/Arczynski replied that strict lang- uage of the law indicates that no permits should be issued. Any issuance beyond that recommended by staff increases the potential that someone could initiate litigation to attack granting such permits. The policy adopted by the Council at the last meeting is one which could be defended in court. M/Kim opened the Public Hearing. Martha Bruske, 600 S. Great Bend Dr., asked the Council to be cautious regarding the low-income housing trade-off for construction of the new high school and that there be no distinction made between "north" and "south" Diamond Bar. MPT/Papen responded that the intent of the low -moderate housing trade-off through SB1718 to obtain land for the new high school does not mean that the funds would be used for construction of housing in the City. James Roberts, 23627 Bower Cascade, stated that the reason for the Referendum was to establish more control over development projects. Max Maxwell pointed out that there are other alternatives other than creating a bond issue to acquire Tonner Canyon such as a conservancy. C/Miller stated that the purpose of his recommendation for a committee to study acquisition of Tonner Canyon was to provide the Referendum proponents an opportunity to acquire the Canyon through whatever means they desire. Any person wishing to be involved in the committee is requested to contact staff. MPT/Papen pointed out that staff sent letters to Assemblyman Horcher and Senator Hill requesting assisting with available funding to acquire the Canyon. Further, she suggested that the Chino,Hills Conservancy be contacted regarding funding. In response to C/Forbing's inquiry, Max Maxwell stated that he felt the Council should request an extension on the condition that the City receive limited control. He felt it was SEPTEMBER 1, 1992 PAGE 12 undesirable for the City to operate as usual as the Council had not yet considered the option of rescinding the General Plan and starting again. C/Miller explained that if the General Plan is rescinded, the Council would have to wait at least one year to adopt a new General Plan. The Referendum proponents have no authority to negotiate with the Council to develop a new General Plan. If the petition qualifies for the ballot then the issue will go to a vote of the people. At the present time, the Council will continue to assist citizens in obtaining permits as much as possible. Toni Lewis, resident, stated that in her opinion, the 4,000 residents who signed the petition do not speak for all residents of the City. William Gross stated that the Referendum proponents had been working toward a conservancy for the past four months. The petition specifically rescinds the Ordinance and calls to overturn the General Plan process. He further stated that he supported the City's extension request but was concerned over the length of time the City spent in requesting it. ACM/Belanger stated that the law requires the City to schedule a Public Hearing when con- sidering a request for a General Plan exten- sion. Since the matter did not become an issue until August 18th, the earliest possible date, providing for a 10 -day notice period, was now. ,Tack Bath, 13232 12th St., Chino, stated that he had been involved with the formation of Chino Hills State Park and was Regional Bio - Diversity Task Force Chair of the sierra Club of California. He pointed out that the Chino Hills State Park was not funded through any city and that there are approximately three dozen ways in which open space may be pur- chased for the permanent dedication of land and protection of wildlife. He suggested that the General Plan be rescinded immediately rather than the City spending $100,000 for an election and immediately begin negotiation with the Referendum proponents. Further, if the Council continued to indicate that the only way to acquire Tonner Canyon was to tax SEPTEMBER 1, 1992 PAGE 13 the citizens, then the public should seriously consider a recall. MPT/Papen pointed out that she had been endorsed by the Sierra Club and that the 12,000 acres in Chino Hills was acquired through a State bond measure. She again stated that the City Council designated Tonner Canyon asagriculturallwhich allows only agriculture, recreation and open space uses and that the Referendum proponents misrepresented this designation to the public. Under the approved General Plan, only six units in the 35 acres within the Canyon would be allowed. Further, she supported the formation of a conservancy for the Canyon. CA/Arczynski stated that since Tonner Canyon is not within the City but only within the City's Sphere of Influence, the designation selected by the City can be changed by the County at any time. Through adoption of the General Plan, the Council attempted to preserve the area to the maximum extent possible which other options were being reviewed. In response to C/Werner's inquiry as to where the General Plan prohibits any group from acquiring the Canyon for open space purposes, Jack Bath replied that the Plan does not do this but that there have been scare tactics used to place a tax burden on the residents for the acquisition of the Canyon. C/Miller expressed concern as to why the funds had not been gathered already for acquisition of the Canyon. Dan Buffington, 2605 Indian Creek, stated that property owners should be allowed to use their Ian d- they see fit, with certain restraints. He diu:not feel it proper for the Referendum proponeAts -f.o shut down all development and donsiruction within the City. Don".Gsavdahl, 23988 Minnequa, stated that it would appear that Council's only choice, to help those that need permits, would be to go to.Sacramento to facilitate an extension. He further pointed out that the General Plan can be amended fourtimes a year and that a Referendum was unnecessary. SEPTEMBER 1, 1992 PAGE 14 Frank Piermarini, 2559 Wagon Train, suggested that the Referendum proponents construct parks on their own property using their own money instead of hitting the pocketbooks of developers. There being no further testimony offered, M/Kim closed the Public Hearing. C/Forbing moved, seconded by C/Miller to adopt Resolution No. 92-54 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING AN EXTENSION OF TIME, PURSUANT TO SECTION 65361 OF THE CALIFORNIA GOVERNMENT CODE, FOR THE ADOPTION OF A CITY GENERAL PLAN WITHIN THIRTY (30) MONTHS OF INCORPORATION. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN - NOES: COUNCILMEN - ABSENT: COUNCILMEN - Miller, Werner, Forbing, MPT/Papen, M/Kim None None 10. ANNOUNCEMENTS: C/Miller stated that the Council has tried their hardest to serve this community. He encouraged input from the community, both publicly and privately and stated that anyone may contact him at his office anytime to discuss any issue. C/Werner requested that the City Attorney provide information as to what becomes confidential in terms of Closed Sessions and the limits of what might be discussed. MPT/Papen suggested that Martha Bruske and Eileen Ansari be invited to participate in the Committee for alternatives for Tonner Canyon as well. 11. ADJOURNMENT: There being no further business to conduct, M/Kim adjourned the meeting at 10:00 p.m. TOMMYE'32., -'LICE, Deptty City Clerk ATTEST: Mayor