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HomeMy WebLinkAbout01/05/1993 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 5, 1993 1. 5 P.M. STUDY SESSION: CA/Arczynski announced that a Closed Session had been held for discussion of matters pertaining to Litigation, Government Code Section 54956.9 and Personnel, Government Code Section 54957.6 and that no reportable action had been taken. 2. CALL TO ORDER: M/Miller called the meeting to order at 6:05 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 given by Dr. Robert Wiley, Jr., Northminster Presbyterian Church. ROLL CALL: Mayor Miller, Mayor Pro Tem Papen and Councilmen MacBride, Forbing and Werner. 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 Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 3. PUBLIC COMMENTS: William Gross, 21367 High Bluff Rd., citing examples of successful business operations in the City, noted that the General Plan Referendum effect had not stopped business growth. He then inquired into how much money had been spent to defend the City's actions in the current court case. Don Schad, 1824 Shaded Wood Rd., referring to Item 5.3 of the Consent Calendar, suggested that the agenda packet include an itemized Warrant Register. Max Maxwell, 3211 Bent Twig Ln., asked why the public was invited to attend a study session of the City Council when, in actuality, it was more of a closed session. M/Miller explained that they had not realized that there would be so many executive session items to discuss. He apologized for the error. Mr. Maxwell, referring to the December 1992 Planning Commission study session and field trip, suggested that the public be given more notice of these meetings so that they are able to make necessary arrangements to attend. Bob Quartucy, Broken Arrow Dr., expressed concern for the continuing graffiti problem and suggested that offenses be punishable by a fine, plus community service to the City. Also, as President of the Diamond Bar Lively Senior Citizens, he expressed concern that there are no seniors on the Senior Citizen Advisory Subcommittee to present their needs for JANUARY 5, 1993 PAGE 2 furnishing the new Community Center, or their concerns for services and programs that they would like implemented. CM/Belanger explained that seniors will be involved in the Senior Citizen Subcommittee's discussions of those issues relating to senior citizens. RECESS: M/Miller recessed the meeting at 6:30 p.m. to allow Jones Intercable to repair a transmitting problem. RECONVENE: M/Miller reconvened the meeting at 6:38 p.m. 4. COUNCIL COMMENTS: C/Werner suggested that, in the future, if a closed session runs later than anticipated, then the session should be continued to after the regular Council meeting so that the public can participate in the noticed study session. MPT/Papen pointed out that study sessions are optional, and are held to give the Council an opportunity to ask questions of staff to gain more information on items on the regularly scheduled meeting agenda. In regard to Mr. Gross' comment that the Referendum had not stopped business growth in Diamond Bar, she pointed out that the projects mentioned were indi- vidual projects excluded from the limitations that the Council agreed to in the Resolutions and Ordinances adopted following the Referendum process. Final action cannot be taken on the South Pointe Middle School construction, the Bramalea agreement nor the Tres Hermanos Ranch project until the Referendum issue is settled. 5. CONSENT CALENDAR: CM/Belanger requested that Item 5.3 of the Consent Calendar, the Warrant Register, be amended from $947,668.63 to $947,628.63. He further suggested that Items 6.3 and 7.2 be continued to the January 19, 1993 meeting. C/Werner moved, C/Forbing seconded to approve the Consent Calendar as amended. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Werner, MacBride, MPT/Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 5.1 SCHEDULE OF FUTURE EVENTS: 5.1.1 Parks & Recreation Commission Study Session - January 7, 1993 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.1.2 Planning Commission - January 11, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.3 Traffic & Transportation Commission - January 14, 1992 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. JANUARY 5, 1993 PAGE 3 5.1.4. City Council Meeting - January 19, 1992 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 APPROVAL OF MINUTES - Adjourned Regular Meeting of December 8, 1992 - Approved as submitted. 5.3 WARRANT REGISTER - Approved amended Warrant Register dated January 5, 1993 in the amount of $947,628.63. 5.4 TREASURER'S REPORT - Received & filed Treasurer's Report for the Month of November, 1992. 5.5 PLANNING COMMISSION MINUTES - Regular Meeting of November 9, 1992 - Received & filed. 5.6 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of November 19, 1992 - Received & filed. 5.7 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - 5.7.1 Regular Meeting of October 8, 1992 - Received & Filed. 5.7.2 Regular Meeting of November 12, 1992 - Received and filed. 5.8 MEMBERSHIP OF CITY OF CALABASAS IN SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (SCJPIA) - Approved membership of City of Calabasas in the SCJPIA and authorized C/Forbing to execute the consent form as the City's Delegate to the Authority. 5.9 BID AWARD - ENVIRONMENTAL ENHANCEMENT FOR 60 FWY. - Awarded a contract for purchase and delivery of planting and irrigation materials for the Route 60 Freeway project to Marina Contractors, Inc., the lowest responsible bidder, in the amount of $204,699.02. At the request of C/Werner, CSD/Rose explained that the Environmental Enhancement Project is a grant awarded to the City to install approximately 5,500 trees along the 60 Freeway between the Grand Ave. interchange and Phillips Ranch Rd. In addition, approximately 200 trees will be installed at Peterson Park. CM/Belanger further stated that the California Conservation Corps will assist the City in constructing the project but that community organizations were encouraged to participate in the tree planting in appropriate areas. 5.10 BOND EXONERATION - HIGHWAY & DRAINAGE IMPROVEMENTS ON DIAMOND BAR BLVD, BETWEEN BREA CANYON RD. AND PATHFINDER RD. - Exonerated bond posted for improvements located on Diamond Bar Blvd. between Brea Canyon Rd. and Pathfinder Rd. (Parcel 13041) in the amount of $92,560 and directed City Clerk to notify the principals. JANUARY 5, 1993 PAGE 4 5.11 CLAIM FOR DAMAGES - filed by William Hennessey on December 14, 1992. Rejected request and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 6. OLD BUSINESS: 6.1 CURRENT STATUS OF GRAFFITI IN DIAMOND BAR - CSD/Rose reported that the cost of graffiti removal in the City had quadrupled over the past 3 years, increasing from an average of $665 per month to the current average of $2,882 per month. The Boys Club of San Gabriel Valley, the current contractor, recently expressed concern over their ability to remove graffiti on an immediate basis due to the increase. The Sheriff's Department attributes the increase to a small number of local vandals, known as "taggers." The City currently offers a $500.00 dollar reward for information leading to the arrest and conviction of anyone defacing property with graffiti and joined a graffiti information network to help stay abreast of new developments to combat the problem. Staff looked into alternatives such as adoption of stricter Ordinances, development of education programs and requirements for community service; all require expenditure of City resources. He recommended that Council reaffirm their commitment to have all graffiti in the City removed at City expense and direct staff to prepare an RFP to secure a contractor to supplement the efforts of the Boys Club in removing graffiti in a timely and cost effective manner. C/MacBride suggested that property owners of buildings vandalized by graffiti be contacted to see what they can do to help. Some cities place the responsibility of graffiti removal on the affected property owner. There are some creative ways to tackle this problem that should be explored. MPT/Papen suggested that Council reconsider a previous proposal to restrict purchase of spray paints and large magic markers within City limits. M/Miller asked MPT/Papen and C/MacBride to work on this issue and come back to the Council with options and recommendations in resolving this problem. Council concurred. In response to C/Werner's inquiry into whether the City has authority to go beyond the $500 penalty to institute an ordinance that includes a community service provision as suggested by Mr. Quartucy, CA/Arczynski explained that because the vast majority of those involved in this activity are minors, they fall into a different justice system, Welfare and Institutions Code provisions, and are not necessarily subject to the same penalties. Raising JANUARY 5, 1993 PAGE 5 the consciousness of the court system to make community service an appropriate form of punishment takes time and coordination with other entities. It was moved by C/Werner, seconded by MPT/Papen to direct staff to prepare a Request for Proposals to obtain a contractor to supplement the efforts of the Boys' Club of San Gabriel Valley. Motion carried unanimously. 6.2 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 - M/Miller corrected Item 6, Page 26 of the Exhibit to read, "Grades of streets in the hillside areas shall be as provided in this subsection. Hillside collector and arterial streets shall not exceed 12%. Hillside residential local streets shall not exceed 15%." C/MacBride made the following corrections: 1) amend Section B(2), Page 6 to read, "... and in an exposed position on the slope face." 2) and change the semi -colon to an apostrophe in Section b of Landform Grading on Page 7, to read "91." C/Werner suggested again that slope density provisions, related to the rural/residential area of the community, be included in the document. M/Miller stated that the Council had previously concurred with the recommendation made by the consultant that it not be included. It remains the consensus of the Council to follow the consultant's recommendation. M/Miller opened the meeting for public testimony. Don Schad, 1824 Shaded Wood Rd., stated that GPAC had recommended that Sandstone Canyon remain as open space due primarily to its incalculable value to the community as an area of natural resources. The area should be deleted from the Hillside Ordinance because any modification to this formation will have a disastrous impact on the surrounding neighborhoods near this canyon. Eileen Ansari, 1823 South Cliffbranch Dr., noting that most cities with developments on hillsides include the slope density factor in their ordinance for added protection of the citizenry, inquired why it has been deleted from the City's Ordinance. CDD/DeStefano explained that the Planning Commission did not recommend to the Council a Hillside Ordinance with a slope density formula. From a planning perspective, slope density is basically a means of relating the intensity of development to the steepness of the slope, as a general means, of reducing overall density. The JANUARY 5, 1993 PAGE 6 proposed Ordinance not only looks at the steepness of the slope, but the entirety of all criteria utilized when looking at any piece of property for development. The provisions of the City's General Plan outlines maximum density for a given site, and includes guidelines and standards for preservation of narrow ridgelines, steep slopes and canyons. Zoning standards, dealing with density, setbacks, etc., are considered, as well as grading, geology, the overall design being proposed, the preservation of significant natural resources and access. This ordinance is trying to encourage diversity and design solutions, density clustering, or transfers of density where appropriate. The Planning Commission's recommendation did not include the slope density formula because they felt that the Ordinance should incorporate a variety of the aspects just outlined. Mrs. Ansari stated that the inclusion of the slope density formula has been a safety factor for containing development in many cities. The formula is another added safeguard on this hillside management plan.. MPT/Papen stated that, in her opinion, having the visual illustrations in the Ordinance is better than having the slope density formula. Landform grading requires more land, thereby reducing the amount of development on a piece of property, as in the case of the recent Piermarini project. Adding the regulations of development, a "no growth" community could possibly be created. Other cities throughout the State will model this Ordinance because it encourages planned development. Max Maxwell stated that the slope density formula should be included in the Ordinance as a way to limit development and increase the Council's control over development. The Ordinance, as it stands, gives free reign to the developer. The citizens would probably encourage a "no growth" community. C/Werner stated that for the record, he supported the slope density provisions as part of the General Plan and as a part of this Ordinance. Slope density would not prohibit growth, but reduce growth in the community. However, he stated that he is not opposed to the standards in the particular provisions of the Ordinance and felt that it is a large leap forward in regulating hillside development. William Gross stated that, in his opinion, the citizens of the City would like to see a reduction in development over what the Council finds acceptable. Lydia Plunk, 1522 Deerfoot Dr., expressed support of the Ordinance by stating that it addresses safety and aesthetics. JANUARY 5, 1993 PAGE 7 With no further testimony offered, M/Miller closed the meeting to public testimony. MPT/Papen noted that Mr. Gross had not presented a standard that he feels the City should operate within. Council has restricted growth and extracted more community amenities from developers than had been done in the past. It was moved by C/Werner, seconded by MPT/Papen to waive full reading of Ordinance No. 07(1992). Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN - Werner, MacBride, Forbing, MPT/ Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Motion was made by MPT/Papen, seconded by C/Forbing to adopt Ordinance No. 07(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 - MacBride, Forbing, Werner, MPT/ Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 6.3 INTEGRATED WASTE MANAGEMENT FUND - PROPOSED FISCAL YEAR 1992-93 BUDGET AMENDMENT - M/Miller announced that this matter would be continued to the next meeting. Don Gravdahl, 23988 Minnequa, noting that recycling centers are not required by law to report to the City their recycling response, suggested that they be required to obtain a license with a minimal fee and required to report the amount recycled. M/Miller requested that staff include Mr. Gravdahl's suggestion in the staff report for the next meeting. 7. NEW BUSINESS: 7.1 APPOINTMENT OF PLANNING COMMISSIONER - MPT/Papen reported that, after reviewing the six applications received for the vacancy on the Planning Commission, she chose to -- nominate Lydia Plunk. C/MacBride seconded the nomination. The Council unanimously concurred to appoint Lydia Plunk to fill the unexpired term of Dexter MacBride on the Planning Commission. JANUARY 5, 1993 PAGE 8 C/Forbing stated that he will accept applications to replace Mrs. Plunk on the Parks & Recreation Commission and will appoint a replacement at the next Council meeting. 7.2 ECONOMIC DEVELOPMENT - M/Miller announced that this matter had been continued to the next Council meeting. 8. ANNOUNCEMENTS: Martha Bruske, 600 South Great Bend Dr., stated that though she is in agreement with the friend- lier atmosphere at Council meetings, she is still dissatisfied with the lack of action being taken by the Council and the City, particularly regarding the graffiti problem. The City is still operating on a more reactive than proactive basis. 9. ADJOURNMENT: With no further business to conduct, at the request of MPT/Papen, the meeting was adjourned in memory of Karin Unruh at 8:17 p.m. 4LYVCB�URGESS, CMC/AAE =- City Clerk ATTEST: Mayor