HomeMy WebLinkAbout12/15/1992 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 15, 1992
1. CLOSED SESSION: Litigation - Government Code 54956.9
Personnel - Government Code 54957.6
No reportable action taken.
2. CALL TO ORDER: M/Miller called the meeting to
order at 6:00 p.m. in the AQMD Auditorium, 21865 E.
Copley Dr., Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by M/Miller.
INVOCATION: The invocation was presented by
Reverend Raul Ries, Calvary Chapel Golden Springs.
ROLL CALL: Mayor Miller, Mayor Pro Tem Papen,
Councilmen Forbing and Werner. City Clerk Burgess reported
that Congressman -elect Jay Kim had submitted a letter of
resignation as Councilman.
Also present were Terrence L. Belanger, City Manager; Andrew
V. Arczynski, City Attorney; William P. Curley III, Assistant
City Attorney; George Wentz, Interim City Engineer; James
DeStefano, Community Services Director; Bob Rose, Director of
Parks and Maintenance and Lynda Burgess, City Clerk.
3. PUBLIC COMMENTS: Red Calkins, 240 Eagle Nest Dr.,
suggested that the community begin to work together with
the Council to make Diamond Bar a model City.
Don Gravdahl, 23988 Minnequa Dr., expressed concern that
Planning Commission meetings are being videotaped by the
public without first receiving the consent of the audience.
CA/Arczynski explained that there is no legal impediment to
individual taping of public meetings. However, there would
have to be permission granted if the tape were to be utilized
in some commercial fashion.
William Gross, 21637 High Bluff Rd., expressed concern
regarding the appearance of a conflict of interest involving
M/Miller and his relationship with Chris Lancaster, who was
found by the FPPC to have violated the Political Reform Act.
He also expressed concern regarding a statement made by
MPT/Papen at the last meeting accusing him of a financial
interest in the JCC project.
MPT/Papen pointed out that every home along the ridgeline
facing the JCC project has an easement allowing the developer
to grade on the property. Stopping the JCC project does have
a financial impact on the value of any home along that
ridgeline. She noted that she had also questioned the funding
sources of these political action committees and that there
should be full disclosure from both sides.
DECEMBER 15, 1992 PAGE 2
Mr. Gross stated that, as Chairman of the Diamond Bar Citizens
to Protect Country Living, they have complied with every
single FPPC requirement. He pointed out that the FPPC is
established to protect the citizens from conflict of
interests, not to protect City Councilmembers.
Marshall Wise, 2600 Broken Feather Lane, requested that the
selection process to choose a replacement for Congressman Kim
be rescinded and that the matter be brought to an election.
4. COUNCIL COMMENTS: C/Werner inquired if staff would be
removing the "No Parking" signs that were inadvertently placed
in front of the First Mortgage Company Building.
M/Miller reported that Diamond Bar High School requested
assistance in installing back stops.
AA/Aberra, in response to C/Werner, stated that Mr. Clem
Zirolli, Manager of First Mortgage and Todd Chavers, Chairman
of the Traffic & Transportation Commission will be meeting to
discuss the matter of the "No Parking" signs installed in
front of the building.
5. CONSENT CALENDAR: Upon motion by C/Werner and seconded
by C/Forbing, the Consent Calendar was unanimously approved by
the following Roll Call vote:
AYES: COUNCILMEN - Forbing, Werner, MPT/Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
5.1 SCHEDULE OF FUTURE EVENTS:
5.1.1 Parks & Recreation Commission - December 17,
1992 - 7:00 p.m., AQMD Hearing Room, 21865 E.
Copley Dr.
5.1.2 CITY OFFICES CLOSED - December 24 & 25, 1992 -
Will reopen on Monday, December 28, 1992.
5.1.3 Planning Commission - December 28, 1992 - 7:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.1.4 CITY OFFICES CLOSED - January 1, 1993 - Will
reopen Monday, January 4, 1993.
5.1.5 City Council Meeting - January 5, 1993 - 6:00
p.m. - AQMD Auditorium, 21865 E. Copley Dr.
5.2 APPROVAL OF MINUTES - Regular Meeting of December 1, 1992
- Approved as submitted.
5.3 WARRANT REGISTER - Approved Warrant Register dated
December 15, 1992 in the amount of $416,290.97.
5.4 Adopted the following Minute Order entitled: CLAIM FOR
INDEMNIFICATION - COUNTY OF LOS ANGELES - Filed by County
regarding Claim for Damages of Sherry Tyree. Rejected
request and referred matter for further action to Carl
Warren & Co., the City's Risk Manager.
DECEMBER 15, 1992 PAGE 3
5.5 Adopted the following Minute Order entitled: NOTICE OF
COMPLETION -1991-92 SLURRY SEAL IMPROVEMENT PROGRAM - AREA
TWO - Accepted work performed by Roy Allen Slurry Seal,
Inc. and authorized the City Clerk to file the proper
Notice of Completion.
6. OLD BUSINESS:
6.1 SELECTION OF COUNCIL APPOINTMENT TO FILL VACANCY -
C/Forbing stated that he believed that the person
appointed to the City Council should have a background in
City government, an understanding of how a City operates
and the concepts of the City Council.
C/Werner indicated that he felt it should not be the
Councils decision as to who should represent the people
of Diamond Bar but that it should go through an election
process. Mr. Kim could be asked who he would recommend
to complete his term, or the candidates from the last
election could be screened and one selected from that.
MPT/Papen pointed out that if an election is held, the
term of office would only be about 5 months. To spend
$50,000 for that short period of time seemed excessive.
She then reviewed the elements she used in developing a
matrix to determine the most appropriate candidate.
M/Miller stated that he too used a matrix and stated
further that the appointee must be someone who is not
only qualified, experienced and motivated but also
perceived favorably by the community.
C/Werner moved to go to an election process. Motion died
for lack of second.
MPT/Papen moved, seconded by C/Forbing to appoint Dexter
MacBride to fill the unexpired term vacated by the
resignation of Congressman -Elect Jay C. Kim. With the
following Roll Call vote, motion carried:
AYES: COUNCILMEN - Forbing, MPT/Papen, M/Miller
NOES: COUNCILMEN - Werner
ABSENT: COUNCILMEN - None
The City Clerk administered the Oath of Office to newly -
appointed Dexter MacBride.
C/Werner thanked all the candidates for their partici-
pation in the selection process and noted that a vacancy
now exists on the Planning Commission.
M/Miller announced that individuals interested in the
vacancy on the Planning Commission should contact either
MPT/Papen or City Hall. Staff was directed to place the
matter on the agenda for the next City Council meeting.
DECEMBER 15, 1992 PAGE 4
6.2 CITY COUNCIL COMMITTEE APPOINTMENTS - M/Miller announced
two new City Council subcommittees: Economic Development
and Code Enforcement. He stated that the individuals
serving on the committees were directed to meet with
community leaders and that appointments of individuals in
the community will be accomplished by the subcommittee
members.
RECESS: M/Miller recessed the meeting at 7:05 p.m.
RECONVENE: M/Miller reconvened the meeting at 7:15 p.m.
6.3 CONSIDERATION OF INSTALLING GUARDRAILS ALONG THE
NORTHERLY SIDE OF GRAND AVENUE AT ROLLING KNOLL ROAD -
ICE/Wentz reported that Council directed staff at the
November 17, 1992 meeting to investigate and evaluate
costs to install guardrails with hedges along the north
side of Grand Ave., in an area generally 500 ft. east of
Cleghorn and continuing for approximately an additional
1700 ft. Staff evaluated the cost of new guardrails in
addition to use of salvage guardrail material as part of
the project. He recommended consideration of limiting
construction to no more than 250 lineal ft. of guardrail
with hedges; that residents increase their respective
slope area landscaping along Grand Ave.; that bids be
taken for the lineal feet of guardrail to be installed
and that the matter be brought back for Council action at
the meetingof January 19, 1993.
MPT/Papen excused herself from discussing the item due to
a potential conflict of interest.
In response to C/Forbing's inquiry, ICE/Wentz confirmed
that the guardrail would extend approximately 50 feet
beyond the Rolling Knoll intersection from the existing
wall. The residents were not renotified because it was
anticipated that this item would come back for further
consideration. They will be notified of any subsequent
Council action.
C/Werner inquired if slope planting is necessary in order
for the guardrails to be effective.
ICE/Wentz explained that the Traffic & Transportation
Commission recommended, in addition to any action that
the City might take for any related installation, that
the residents also be encouraged to install additional
planting. It was not intended to be a condition.
In response to C/Werner, ICE/Wentz confirmed that it was
staff's understanding that Council had indicated an
interest in funding the cost of the installation. Staff
will bring information regarding the funding source to
the next meeting for installation costs, and include an
alternate bid, one for 250 feet and one for 2200 feet.
DECEMBER 15, 1992 PAGE 5
C/Forbing pointed out that it would only be necessary to
obtain an alternate bid to install guardrails past
Country view. He suggested that residents wanting to
plant trees behind the guardrail on their own property
should be able to get them at whatever the cost is to the
City.
M/Miller pointed out that T&T's recommendation for trees
was for sound purposes. He suggested that Lanterman be
contacted to see if they would plant the shrubs provided
by the City.
C/Forbing
constructso
bring back
to be don
remaining
abstaining.
recommended that staff go
n of the two alternatives
an estimate on landscaping
e after installation of
Councilmembers concurr
out to bid for
for the rail and
as a separate item
guardrails. The
ed w/MPT/Papen
CM/Belanger stated that staff will bring back a package
with the two alternatives as well as a lineal foot
alternative that would give the maximum flexibility in
terms of the length of the guardrail.
6.4 MID -YEAR BUDGET AMENDMENT FOR FISCAL YEAR 1992-93-
CM/Belanger reported that, as a result of funding changes
at the. State level, staff recommended changes to
anticipated revenue and resources with a slight
adjustment in appropriations.
MPT/Papen stated that she was opposed to an increase in
staff in the City Clerk Department; the workload in that
office was reduced about a year and a half ago due to
Council elections being consolidated with the County; the
policy, of hiring interns to mentor young adults
interested in getting government experience should be
continued; with the change of procedures in the solid
waste matter, three additional staff members will be
needed, as stated by the SRRE, to accomplish
implementation of programs mandated under AB939; and
suggested that the Council look at alternative programs
for graffiti removal since the cost had escalated.
C/Forbing stated that
Department includes th
that Minutes be don
contracting it out at
instead of $50,000 fo
City could hire an
approximately $25,000
the increase ii
e cost for Minutes
e "in-house", a
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the Clerk's
and suggested
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CM/Belanger, in response to MPT/Papen's comments, stated
the following: the agenda would need to have a budget
proposal, both Capital as well as Personnel, so that the
Council can respond to the effect of the implementation
DECEMBER 15, 1992 PAGE 6
of the solid waste systen being proposed; Community
Services had been directed to provide a staff analysis of
the graffiti removal program and to offer a series of
alternatives, if appropriate; if the Council wishes to
see additional intern positions created, staff will
readjust the manpower chart, and reincorporate into the
budget the resources necessary to fund those positions
through the end of the fiscal year; it takes approx-
imately 30 plus hours for the City Clerk's Department to
prepare the Minutes and it has been determined that using
a contract Minute person staff to be involved in other
very important City Clerk activities; and the guidance of
the City Council will be followed in regard to the
suggestion for an Assistant City Manager position.
C/Werner, in support of the concept of an Assistant City
Manager, stated that the City Manager should not be over
extended to assure that the quality of work does not
diminish. M/Miller concurred.
MPT/Papen concurred with the need for an Assistant City
Manager position and continued to oppose the City Clerk's
request for an increase in funds. The person doing the
Minutes should be present at the meetings so that
transcribing is an easier process.
CM/Belanger stated that staff will bring back at the
first meeting in January a budget setting forth costs for
creation of a solid waste management system, a proposal
for staff to the end of the fiscal year, and an
indication of the amount of money projected into the next
fiscal year. Approximately $60,000 in revenue and
expenditures for AB939 compliance is budgeted in the
solid waste department which takes into account setting
up a management system. Staff will also bring back a
report on graffiti removal including alternatives in
regard to different methods of removal.
M/Miller stated that Council also directed staff to come
back with a recommendation for additional signalization
throughout the community.
CM/Belanger stated that the report for additional sig-
nalization should be available in January. It appears
that there may be enough monies to consider at least two
signal installations over and above those that will take
place as part of other projects.
C/Werner moved, C/Forbing seconded to approve the Mid -
Year Budget Amendment for Fiscal Year 1992-93 as
recommended by the Personnel Committee and staff.
Following discussion, motion carried by the following
Roll Call vote:
DECEMBER 15, 1992 PAGE 7
Miller AYES: COUNCILMEN - MacBride, Forbing, Werner, M/
NOES: COUNCILMEN - MPT/Papen
ABSENT: COUNCILMEN - None
6.5 RESOLUTION NO. 90-45F: RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND
REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK
LEAVE,j VACATIONS, LEAVES OF ABSENCES AND OTHER
REGULATIONS - CM/Belanger reported on recommended changes
to wages, hours and working conditions of City employees,
set forth as Personnel Rules and Regulations in
Resolution Nos. 90-45 and 90-45A through 90-45E as
presented in the staff report.
He responded to an inquiry by C/Forbing by stating that
the Personnel Committee, upon review of staff's recom-
mendation, recommended this proposal for favorable con-
sideration. In response to C/Werner, he confirmed that
there is currently one open staff position, that of City
Engineer,'which will probably not be filled this fiscal
year. Currently, ICE/Wentz is both consulting Engineer
and City Engineer. If the position were to be filled, it
would be in conjunction with the ultimate appointment of
a full time staff Engineer.
C/Werner indicated that, as a member of the Personnel
Committee, he preferred to continue contracting out the
City Engineer position.
M/Miller stated that, as the other member of the
Personnel Committee, he would like to keep the City
Engineer position open so that the City keeps the option
in the future.
C/Forbing concurred.
MPT/Papen stated that the benefits package increased from
$325/month in 1989 to over $450/month in 1992; if the
changes are approved, 17 of the 24 employees would become
management and the salary increase should reflect the
economy of scales.
MPT/Papen moved to modify Resolution No. 90-45F with the
following changes: approve an increase in the benefits
by 22% per month; keep the designated employees as is and
freeze'salaries. Motion died for pack of a second.
C/Forbing stated that when the City {first started hiring,
staff was hired at salaries well below the average.
Increases received in the past two years has not brought
staff up to the average for similar positions and this is
a merit increase for a job well done.
DECEMBER 15, 1992 PAGE 8
MPT/Papen pointed out that this is taxpayers' money and
that, in the private sector, salaries are down 5-6%. The
4% increase is above the cost -of -living and in today's
economy of scales, in inappropriate.
M/Miller concurred with C/Forbing and stated that, when
staff was hired, it was publicly stated that an effort
would be made to try to bring them up closer to the
average.
CM/Belanger, responding to C/MacBride's inquiry, stated
that the adoption of the salary Resolution, as proposed,
would not bring the majority of the salaries up to the
average of comparable cities in the vicinity. It had
been determined that 2/3 of the cities surveyed recently
moved their salaries forward.
C/Werner moved, C/Forbing seconded to adopt Resolution
No. 90-45F entitled: RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND
REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK
LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER
REGULATIONS. With the following Roll Call vote, motion
carried:
AYES: COUNCILMEN - MacBride, Forbing, Werner, M/
Miller
NOES: COUNCILMEN - MPT/Papen
ABSENT: COUNCILMEN - None
6.6 PROPOSED SEWER PROJECT IN "THE COUNTRY" - ICE/Wentz
reported that a town hall meeting was held on November
19, 1992 at the community center in "The Country" with
residents impacted by the proposed sewer assessment
district. Staff included in the report an outline of
the discussion at that meeting as well as general
information relating to key tasks, including a need for
discussion about the design effort and a petition that
would need to be completed for formation of this dis-
trict. He recommerded that the Council authorize staff
to proceed with securing competitive bids for design of
the proposed sewer, system; establish January 19, 1993
as the time and plLce for consideration of a Resolution
of Intention for proceeding with the proposed district;
direct that a petition be circulated to the affected
property owners pursuant to Section 2804.5 of the
Streets and Highways Code; direct staff to determine
any EIR requirements for inclusion in the report to be
prepared for January 19, 1993; and authorize an amount
not to exceed $45,000 for City Engineering support.
C/Forbing moved, seconded by MPT/Papen, to approve the
recommendations made by staff.
In response to MPT/Papen's inquiry, ICE/Wentz stated
DECEMBER 15, 1992 PAGE 9
that the intent would be to circulate the petition to
the present owners of the properties within the assess-
ment area and bring it back to the City prior to the
February 16, 1993 meeting. Further, processing the
design immediately would expedite the process. Bids
could be secured rapidly and made available at the
January 19th meeting, giving Council the opportunity to
establish the Resolution of Intention at the same time.
The bid process could also be streamlined to allow
three weeks for a response from responsible bidders.
The time frame indicated in the staff report is a very
aggressive schedule and the key tasks must be performed
to legally form the district. Regarding the health and
safety issues, he stated that with current conditions
and in his opinion, he would recommend that the
district be formed as part of a health and safety
issue.
C/Werner requested staff to ensure that the emphasis on
health and safety issues in future documentation be
more prominently displayed. He noted that since the
cost effectiveness and the timeliness is controlled
between the Assessment Engineer and the designs, it is
cost effective to have the firm managing the district
also handle the design of the district. He further
stated that he is in support of going out to bid and
that staff should negotiate with Mr. Wentz's firm to do
the assessment district, the management and design,
based on the premise that there is,a major health and
safety issue.
MPT/Papen suggested that the bid package specify both
the design plus assessment and the design only, leaving
the Council with the option of awarding both or only
one.
C/Werner, noting that that matter was initiated by
property owners, requested that staff in the future
maintain and establish the way the whole process was
initiated. He reiterated his suggestion that both the
assessment management and the design for the proposed
sewer system be put out for bid.
M/Miller reminded Council of C/Forbing's motion to
accept staff's recommendation and bring back a final
recommendation at the January 19th meeting, after an
open competitive design process has taken place.
Motion carried by the following Roll Call vote:
AYES: COUNCILMEN - MacBride, Forbing, MPT/Papen, M/
Miller
NOES: COUNCILMEN - Werner
ABSENT: COUNCILMEN - None
DECEMBER 15, 1992 PAGE 10
6.7 RESOLUTION NO. 90-95A: MUNICIPAL SOLID WASTE COLLECTION,
DISPOSAL AND RECYCLING SYSTEM - CM/Belanger reported that
Resolution No. 92-95A would amend the current permit
system as it relates to collection and disposal of solid
waste, creating a non-exclusive contract to be granted to
any qualified solid waste contractor meeting the
requirements and standards set forth by the City. It is
staff's intention, upon adoption of the Resolution, to
meet with all currently operating solid waste collection
and disposal firms and to review the contract document
and requirements being placed upon the firms. The
contract document does not purport to set rates. The
rates will continue to be set by the competing firms who
are providing service under the permit system.
Lance Jones, representing Western Waste Industries,
stated that, when reviewing the proposed contract
document with staff, he would hope that the process
include some flexibility in the contract language
regarding potential rate structures, as well as
provisions of services and compliance with AB939
requirements.
C/Forbing noted that the 1160 -day" requirement on page 10
should be changed to 1130 days" because it is doubtful
that any insurance broker will allow 60 days prior to the
termination dated. Council concurred.
MPT/Papen announced that she received a letter from the
FPPC dated December 10, 1992 stating that there is no
conflict of interest regarding her son's work for Western
Waste, or with her receiving campaign contributions.
Neither constitute an economic interest pursuant to
Section 87103 and the case had been closed without action
being taken.
M/Miller stated that "of" should be added between
"provision this agreement" located on the bottom of page
10, section 9, under Terms.
C/Werner requested that the contract document include
language to provide that the company would carry out
trash facilities for the disabled as is indicated on page
3 of the staff report.
It was moved by C/Werner, seconded by C/Forbing to adopt
Resolution No. 90-95A entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PERMIT
SYSTF14 FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE. .._
Motion carried by the following Roll Call vote:
AYES: COUNCILMEN -
NOES: COUNCILMEN -
ABSENT: COUNCILMEN -
MacBride, Forbing,
Papen, M/Miller
None
None
Werner, M P T /
DECEMBER 15, 1992 PAGE 11
7. NEW BUSINESS:
7.1 SHERIFF'S CIVILIAN ADVISORY BOARD APPOINTMENTS -
CM/Belanger reported that the Los Angeles County
Sheriff's Department requested that the Council provide
the appointment of two (2) at -large members to its
Civilian Advisory Board.
MPT/Papen recommended Mrs. Dale Mueller and C/Forbing
recommended Karla Adams.
Council concurred on submittal of both names to the
Sheriff's Civilian Advisory Board.
7.2 RESOLUTION NO. 92-66: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ESTABLISHING WATER EFFICIENT
LANDSCAPE REGULATIONS - CSD/Rose reported that AB325
required the State of California Department of Water
Resources to prepare and adopt a Model Water Efficient
Landscape Ordinance to go into effect January 1, 1993 for
all cities who adopt their own local water efficient
landscape Ordinance or Resolution, or issue findings that
the model is impractical for implementation in the City
due to staff -intensive requirements and the lack of
City -controlled water -monitoring information systems. As
an alternative to the State Model Ordinance, the East San
Gabriel Valley Planning Committee prepared model
regulations which address the needs of cities in this
region. He recommended adoption of the Water Efficient
Landscape Regulations set forth in Attachment A of the
Resolution.
CM/Belanger stated that the standards set forth in the
Water Efficient Landscape Resolution would ultimately
find their way into a Zoning Ordinance when created for
the City.
C/Forbing moved, seconded by MPT/Papen to adopt
Resolution No. 92-66 entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING WATER
EFFICIENT LANDSCAPE REGULATIONS. Motion carried by the
following Roll Call vote:
AYES: COUNCILMEN - Forbing, Werner, MacBride, MPT/
Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
7.3 ESTABLISHMENT OF ECONOMIC DEVELOPMENT STRATEGIC PLAN TASK
FORCE - CM/Belanger reported that creation of an Economic
Development Strategic Plan would use the business
demographic data generated by the Business Survey for
foundational information for an Economic Development
Strategic Plan. The formation of an ad hoc task force to
study and recommend elements of an economic development
DECEMBER 15, 1992 PAGE 12
strategic plan is necessary. Such a task force would be
comprised of Council, Commission, business and community
members. He recommended that Council direct staff to
prepare an organization plan for establishment of an
Economic Development Strategic Plan Task Force and
appoint a 'City Council Subcommittee for Economic
Development.
Gary Neely, 244 Canoe Cove, expressed support for the
Economic Development Plan Task Force and inquired if it
would be appropriate for the City to work out a system to
encourage residents to become registered voters since
funding from the State is tied to the number of
registered voters.
CM/Belanger explained that the actual population is
established by the census and not by the number of
registered voters.
C/Forbing suggested that the City Manager consider
inviting Randall Lewis from Lewis Homes and the professor
from Cal Poly to discuss with staff ways to improve the
economic climate in the City.
Follcwing discussion, it was agreed to direct staff to
prepare an organization plan for establishment of an
Economic Development Strategic Plan Task Force and
appoint a City Council Subcommittee for Economic
Development comprised of C/Forbing and C/MacBride.
RECESS: M/Miller recessed the meeting at 9:30 p.m.
RECONVENE: M/Miller reconvened the meeting at 9:45 p.m.
8. PUBLIC HEARING:
8.1 ORDINANCE NO. 07 (1992): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A HILLSIDE
MANAGEMENT (GRADING) ORDINANCE AND MAKING FINDINGS IN
SUPPORT THEREOF - CM/Belanger reported that implementa-
tion of the General Plan and expiration of the Interim
Hillside Management Ordinance made it necessary to
establish permanent standards for hillside development.
The intent of Zoning Code Amendment 92-2 was to revise
existing standards for hillside development. The
Planning Commission concluded its public review of the
Ordinance on October 26, 1992 and recommended adoption.
He recommended that Council open the Public Hearing, take
testimony, approve for first reading by title only and
waive full reading of Ordinance No. 07 (1992), the
Hillside Management Ordinance.
CDD/DeStefano reported that in October 1990, the City
adopted an Interim Hillside Management Ordinance to
protect the hills from future development. The Ordinance
DECEMBER 15, 1992 PAGE 13
contained new grading and landscaping
techniques not utilized in the City and not
utilized by a number of other cities in So.
Calif. It is a compilation of approximately a
dozen other Ordinances throughout So. Calif.
utilizing a technique called "landform
grading." He introduced Mr. Horst Schorr, the
City's consultant.
Mr. Horst Schorr, 746 N. Lemon St., Anaheim, showed a
series of slides while pointing out the difference
between conventional grading and hillside grading using
techniques that leave the slopes looking much more like
they were created by mother nature. He explained that
the conventional method changes the setting into a very
rigid, man-made environment that is unsightly. There are
two basic components created in transforming the hills
through grading. One is the building pad --the flat area
where the homes and the streets go. That generally will
be ultimately obscured by the building that will occur on
it. The component that will remain in sight and in view
forever is the slope. The slope has a secondary effect
other than that it is there for view, in that the design
of it has a lot of impact on the street pattern, lot
configurations, etc. If you have a straight slope, you
can be sure you will have straight streets and row
housing. Mother nature does not grade straight 2:1
slopes. Found six different configurations that consist
of convex and concave shapes that consist of ridgelines
and valleys parallel or perpendicular to the slope face.
He further explained that if a land plan is developed
along with a grading design utilizing a landform grading
concept by placing the structures in the right place, the
loss of land is minimized. Another concern regarding
landform grading is that it could cause erosion problems
but a straight 2:1 slope can actually cause more erosion.
The concentration of drainage in the swales, on the other
hand, does not create any erosion because of the size to
which these are held to a minimum. Landscaping naturally
grows in swale areas and landscaping should be applied
similarly, which also assists in minimizing erosion. In
conclusion, he stated that the City would be on the
cutting edge of hillside management by adopting the
proposed Ordinance.
M/Miller re -opened the Public Hearing continued from
December 1, 1992.
There being no testimony offered, M/Miller closed the
Public Hearing.
Following discussion, it was moved by C/Werner to amend
the proposed Ordinance with a slope density provision.
Motion died for lack of a second.
DECEMBER 15, 1992 PAGE 14
The following changes to the Ordinance were approved
through Council consensus:
Exhibit A, Section le, add "where possible" following the
word "preserve."
Section if, change "natural terrain" to "undeveloped
terrain."
Section ig, change to read "To correlate intensities of
development with the steepness of terrains in order to
minimize the impact of grading, unnecessary removal of
vegetation, land instability and fire hazards."
Page 3, Item 6, change "significant ridgeline" to
"prominent ridgeline."
M/Miller expressed concern that there was no definition
for "significant" and that the definition of "Prominent
Ridge" on Page 5 w?s very vague. He recommended that
staff prepare a study indicating prominent ridges within
the community, identify them and indicate them on an
environmental constraint map, then all owners,
developers, ! etc. will be aware of the designation --there
would be no argument.
C/Werner agreed with requesting staff to map the ridges.
Page 9 "Slope Categories" - change to read "The following
are standards for hillside slopes in areas that will not
be landform graded."
Change "$ Natural Slope" column to:
1. 10 to 24.9
2. 25 to 39.9
3. 40 to 49.9
4. 50 and over
Page 17, Item D(2), change from 112:1" to "1:5:1."
Page 19, Item 1, change "beneath" to "adjacent to."
Page 30, Item 6, remove "residential local," from second
sentence. Change grade percentage from "10" to 1112%."
Page 39, Item 7, change to "Where required by the City,
jute netting shall be used to help stabilize planting and
minimize soil erosion."
Page 39, Item 8, change "within canyons" to "within T
undeveloped canyons."
Page 40, Guidelines, Item 2, change to "The vegetation
should reduce the impact of the structures..."
DECEMBER 15, 1992 PAGE 15
Page 41 - delete all language below Figure 30 continuing
to Figure 31, Slope Landscaping.
Page 45, Section E - Change to read "Provide a sufficient
number of slope profiles as required by the City
Engineer..." Strike the next sentence.
Page 46, Section K1, change to read "A computerized or
topographic model;"
It was moved by MPT/Papen, seconded by C/MacBride to
waive full reading and approve for first reading, by
title only, Ordinance No. 7(1992) entitled: AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING
A HILLSIDE MANAGEMENT (GRADING) ORDINANCE AND MAKING
FINDINGS IN SUPPORT THEREOF. Motion carried unanimously
by the following Roll Call vote:
AYES: COUNCILMEN - Werner, MacBride, Forbing, MPT/
Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
9. ANNOUNCEMENTS: All Members welcomed newly -appointed
Councilman MacBride.
MPT/Papen announced that at the City Selection Committee
meeting held in early December, she was elected as alternate
to the Metropolitan Transit Authority for the San Gabriel
Valley to be ratified by.all L.A. County cities in January,
with an effective date of February 1, 1993.
10. ADJOURNMENT: There being no further business to
conduct, M/Miller adjourned the meeting at 11:10 p.m.
ATTEST:
Mayor
LYNDA BURGESS ; - CMC TA,,AE
City Clerk