HomeMy WebLinkAbout03/16/1993 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MARCH 16, 1993
1. CLOSED SESSION: 5:00 P.M.
Litigation - Government Code 54956.9
Personnel - Government Code 54957.6
C/Werner was not in attendance for the Closed Session.
No reportable action taken.
2. CALL TO ORDER: M/Miller called the meeting to order
at 6:02 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 MPT/Papen.
INVOCATION: The invocation was presented by
Reverend Robert Clayton from Diamond Bar Worship Center.
ROLL CALL: Mayor Miller, Mayor Pro Tem Papen,
Councilmen Forbing, MacBride and Werner.
Also present Terrence L. Belanger, City Manager; Andrew V.
Arczynski, City Attorney; James DeStefano, Community
Development Director; George Wentz, Interim City Engineer; Bob
Rose, Community Services Director and Lynda Burgess, City
Clerk.
3. PUBLIC COMMENTS: Don Schad, 1824 Shaded Wood Rd.,
expressed concern for the proposed South Pointe Master Plan
development and destruction of Sandstone Canyon.
Clair Harmony, 24139 Afamado Ln., expressed concern for some
of the fiscal liabilities that the City may be facing with the
development of the South Pointe project. He stated that there
needs to be due diligence on the part of the City to assure
that the developers in the project can comply and complete
their end of the project.
Joyce Hill,, 1836 Shaded Wood Rd., expressed concern that the
full ramifications of the South Pointe Master Plan have not
been made clear to all of the citizens. It appears that one
group of citizens is being pitted against another in order for
the entire South Pointe Master Plan to be approved. She felt
that the school project should be separated from the Master
Plan, with direction from the City to have the dirt removed
and as much of Sandstone Canyon preserved.
George Barrett, 1884 Shaded Wood Rd., suggested that
development in Diamond Bar slow down so that the City has an
opportunity to mitigate the traffic problems and air quality
concerns. He then inquired if the City circulated a petition
asking for help from the Little League to support the South
Pointe Master Plan project.
M/Miller indicated that he is not aware of anyone from the
City asking for any help from the Little League.
MARCH 16, 1993 PAGE 2
C/Werner requested a copy of the Little League petition and
directed staff to investigate the issue.
Darryll Fong, 20879 Missionary Ridge, stated that the vast
majority of citizens do not support the South Pointe Master
Plan development and that the general consensus is that the
City is already over built. He expressed the following
concerns: increase in noise, traffic and crime; more
graffiti; already overcrowded elementary schools; mud slides;
decline in property values and destruction of Sandstone
Canyon.
M/Miller, upon receiving the petition from the Little League
from staff, stated that it appeared that the Little League
asked for support on their position regarding the South Pointe
Master Plan issue and the proposed MRF in the City of
Industry, both of which affects the City.
MPT/Papen stated that she attended a meeting with the sports
group in which the Chairman of the Parks & Recreation
Commission and staff were available to discuss the proposed
project and answer any questions. At no time did any staff
member approach the group or ask them to circulate a petition
in favor of approving the South Pointe Master Plan. —
Michael Schneider, 1100 Pebblewood Dr., stated that the sign
posted on Rolling Knoll at Grand Ave. is not clearly visible.
The City did not offer any warning or notice to the citizens
regarding the installation of this sign. It is not appro-
priate for the City to deny use of a public street to the
citizens.
M/Miller explained that the signs have been installed for a
90 -day trial period and will be reviewed in June of 1993.
Rick Pousard, 867 Deer Flats, San Dimas, Branch Manager for
Security Pacific Bank located at 1196 S. Diamond Bar Blvd.,
stated that he did not receive notification from the City of
any intention to change accounts from Security Pacific, soon
to be Bank of America, to First Interstate. Bank of America
has a commitment to the City and once the change over has
occurred, the Bank will operate in a manner that will take
care of the City accounts. He requested a six month trial
period to demonstrate the type of service they can provide to
the City.
Barbara Beach Cushane, 2021 Peaceful Hills Rd., speaking on
behalf of a member of the Pathfinder Community Assn.,
commented on remarks made by CDD/DeStefano in an article in
the March 7, 1993 issue of the LA Times. She inquired how
staff and the Planning Commission can consider the increase
traffic, noise, pollution, crowded parks and recreational
facilities as well as complete destruction of the few remain-
ing open spaces, a benefit to the community. On her own
behalf, Mrs. Cushane pointed out that the petition circulated
MARCH 16, 1993 PAGE 3
by the Little League clearly states that the City is asking
for the Little League's help.
William Gross, 21637 High Bluff Rd., suggested that the
Council create an opportunity in the EIR hearing for people to
prepare non-technical questions and express their opinion
regarding the direction the City should be spending its
efforts and resources. If it is not done during the EIR
hearings, then an opportunity should be provided during the
Public Comment portion of the agenda.
Martha Bruske, 600 S. Great Bend Dr., expressed her opinion
that the City should consider remaining with Security
Pacific/Bank of America.
Ed Hilden, 24085 Willow Creek Rd., thanked the City Council
for striving to make Diamond Bar a better place in which to
live.
4. COUNCIL COMMENTS: MPT/Papen reported that she went to
Washington to discuss transportation needs of L.A. County and
the President's Call for Projects, due March 31, 1993. It is
hopeful that by June or July of 1993, the City will be funded
from LACTC Prop C monies for the $50 million needed for the
two HOV lanes. If freeway traffic would stay on the freeway
and alternative routes for Chino Hills and San Bernardino
County could be implemented, Diamond Bar's streets would not
be congested. She then suggested that a Councilmember and
staff become involved in the committee regarding the agreement
signed by the SCAG with the San Gabriel Valley Assn. of Cities
for development of the subregional elements of the Regional
Comprehensive Plan because transportation and traffic is the
number one issue in this community. In regard to the year-end
report from the Sheriff's Department, she expressed concern
that 19% of the 14,718 calls responded to in 1992 were for
false burglary calls. She suggested that the City Council
develop an ordinance to recoup some of the costs when people's
burglar alarms continue to go off without just cause. The
Council concurred to place the matter on staff's agenda for
development. She then suggested that the Council meeting be
adjourned in memory of Diamond Bar resident Yung Sam Woo who
was shot and killed last Thursday.
C/MacBride reported that, because of the rainy season, the
Southeast Mosquito Abatement District is concerned about the
possible dangers of mosquitos proliferating and causing
disease. If there is a concern regarding ponding, call (310)
927-6526. He then displayed the City's 46 -page formal
-- response to the City of Industry's DEIR for the proposed MRF,
which includes three petitions signed by 1,279 citizens of
Diamond Bar and letters opposing the proposed MRF, for the
record, from the Executive Director of Lanterman Development
Center to the City of Industry's proposed MRF. He stated that
it must be remembered that the City of Industry is our
neighbor who has provided the land needed to build the
MARCH 16, 1993
PAGE 4
long-awaited high school to be located in the Tres Hermanos
property.
C/Werner stated that Pat Whelan, of the Parks & Recreation
Commission resigned on March 15, 1993 due to transfer of his
employment. He requested staff to prepare a Certificate of
Appreciation for the next meeting, as well as prepare a notice
for the newspaper that he will accept applications for a Parks
& Recreation Commissioner.
M/Miller requested volunteers from the Council to serve on a
subcommittee to work on developing an ordinance to deal with
the problem of false burglary alarms. MPT/Papen and
C/MacBride volunteered.
CM/Belanger, in response to a comment made by Joyce Hill,
explained that the agreement existing in regard to the earth
located on the School property is between the Walnut Valley
Unified School District and the neighboring property owner.
The court is the only body that has jurisdiction, at this
point in time, to direct the removal of that earth. In regard
to negotiations related to the Pomona Unified School District
high school site, it is important not to minimize the efforts
the Pomona Unified School District has made over the past
several months with the City of Industry and the Industry
Redevelopment Agency to negotiate the agreement that has
affected the transfer of the land.
C/Werner pointed out that the City had to prepare an EIR
because it is the intent of the WVUSD and the developer to
move that earth to the adjoining property, which will
effectively cover over the canyon. Since there are three
other property owners that own adjoining parcels who have all
expressed an interest in developing their property, it
appeared to be good planning for the City to orchestrate the
preparation of a Master Plan. In response to a comment made
by Mr. Gross, C/Werner stated that he too feels that there is
a need, at some point in the Council's deliberation, to allow
the public to express their concerns. However, there is a
concern that, if a dialogue ensues, a property owner may feel
that he has been denied due process in his application for
review and approval.
M/Miller requested that the City Attorney clarify the issue of
allowing citizens a right to express their viewpoint without
denying a property owner due process in his application. He
then pointed out that since the South Pointe Master Plan
project is not before the Council, it would be inappropriate
for the Council to respond to issues raised. Though the
public has every right to express concerns during the Public
Comment portion of a meeting, it might be more appropriate for
the public to address the Council on those issues when the
process is before the Council for consideration.
5. CONSENT CALENDAR: C/Werner requested that Item 5.5 be
MARCH 16, 1993
PAGE 5
pulled from the Consent Calendar.
MPT/Papen moved, C/Forbing seconded to approve the Consent
Calendar with the exclusion of Item 5.5. With the following
Roll Call vote, motion carried:
AYES:
COUNCILMEMBERS
- Werner, Forbing, MacBride, MPT/
Papen, M/Miller
NOES:
COUNCILMEMBERS
- None
ABSENT:
COUNCILMEMBERS
- None
ABSTAIN:
COUNCILMEMBERS
- None
5.1 SCHEDULE OF FUTURE EVENTS:
5.1.1 Planning Commission - March 22, 1993 - 7:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.1.2 Parks & Recreation Commission - March 25, 1993
- AQMD Hearing Room, 21865 E. Copley Dr.
5.1.3 City Council Meeting - April 6, 1993 - 6:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.2 WARRANT REGISTER - Approved Warrant Register dated March
16, 1993 in the amount of $271,192.18.
5.3 TREASURER'S REPORT - Received & Filed Treasurer's Report
for the Month of February, 1993.
5.4 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting
of January 28, 1993 - Received & filed.
5.6 BOND EXONERATION - STORM DRAIN IMPROVEMENTS - PARCELS 2
AND 4 OF PARCEL MAP 14319 AT 22344 AND 22364 GOLDEN
SPRINGS DRIVE - Approved release of security deposit
posted for construction of Storm Drain P.D. 1747 on
Parcels 2 and 4 of Parcel 14819 in the amount of $311,316
and directed the City Clerk to notify the principals.
5.7 AGREEMENT FOR LEGAL SERVICES FOR SPECIAL LITIGATION -
Approved the letter agreement for execution by the Mayor
on behalf of the City Council.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
5.5 TRANSFER OF BANKING SERVICES FROM SECURITY PACIFIC
NATIONAL BANK/BANK OF AMERICA TO FIRST INTERSTATE BANK.
C/Werner pointed out that the City has banked with
Security Pacific since incorporation and perhaps there
needs to be more tolerance with the small inconveniences
occurring at this point. More of an effort may need to
be made to attempt to work things out.
Motion was made by C/Werner to hold the item over for six
months to allow staff to work matters out with Bank of
America. Motion died for lack of second.
MPT/Papen, who serves on the Finance Committee, stated
MARCH 16, 1993
PAGE 6
that the action before the Council has been considered
for over a year and has nothing to do with the merger.
MPT/Papen moved and C/Forbing to adopt Resolutions 93-12,
93-13 and 93-14.
CM/Belanger, in response to C/Werner, explained that
there has been ongoing concern for the effectiveness and
efficiency of that particular branch for some time.
There has been numerous turnovers of employees and
management, making it difficult for staff to establish a
relationship. Though the City received a proposal from
First Interstate Bank a year ago, a decision was made to
wait, understanding that Security Pacific had problems
associated with the transition. However, the list of
problems continued, and in some cases, the problems have
exacerbated. First Interstate approached the City once
again, prepared to respond to the needs of the City, and
staff has made a recommendation that the City consider
using First Interstate Bank for our banking services.
The Council voted on the motion made by MPT/Papen,
seconded by C/Forbing to adopt Resolution No. 93-12,
Resolution No. 93-13 and Resolution No. 93-14. With the
following Roll Call vote, motion carried:
AYES:
COUNCILMEMBERS - Forbing, MacBride, MPT/
Papen, M/Miller
NOES:
COUNCILMEMBERS - None
ABSENT:
COUNCILMEMBERS - None
ABSTAIN:
COUNCILMEMBERS - Werner
5.5.1
ADOPTED RESOLUTION NO. 93-12: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AUTHORIZING A CONTRACT FOR DEPOSIT OF
MONIES WITH FIRST INTERSTATE BANK.
5.5.2
ADOPTED RESOLUTION NO. 93-13: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AUTHORIZING THE USE OF CITY CREDIT CARDS
FOR DESIGNATED OFFICIALS.
5.5.3
ADOPTED RESOLUTION NO. 93-14: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AUTHORIZING THE DEPOSIT AND WITHDRAWAL OF
MONIES IN AND FROM THE LOCAL AGENCY
INVESTMENT FUND IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 16429.1 FOR THE PURPOSES OF
INVESTMENT.
6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
6.1 PROCLAIMING APRIL, 1993 AS "FAIR HOUSING MONTH" -
M/Miller presented Ralph Lakin of the Housing
Foundation with the Proclamation.
MARCH 16, 1993
PAGE 7
6.2 PROCLAIMING PUBLIC HEALTH WEER - APRIL 5 - 11, 1993 -
M/Miller presented Leona Pang Woo, L.A. County
Department of Health Services, San Gabriel Valley
Network, with the Proclamation. Ms. Woo presented the
Council with a schedule of activities related to public
health week.
7. OLD BUSINESS:
7.1 COMMISSION APPOINTMENTS - C/MacBride recommended that
the Council approve the appointment of Michael Li to
the Planning Commission, David Schey, Parks &
Recreation Commission and Diana Cheng as Traffic and
Transportation Commissioner.
Upon motion made by MPT/Papen, seconded by C/MacBride,
and carried by a vote of 4 to 1 (C/Werner voting "no"
on appointment of Michael Li to the Planning
Commission), the following appointments were made:
Michael Li - Planning Commission
David Schey - Parks & Recreation Commission
Diana Cheng - Traffic & Transportation Commission
Diana Cheng thanked the Council for the opportunity to
serve as a Traffic & Transportation Commissioner.
Michael Li thanked the Council for his appointment as
Planning Commissioner.
7.2 FEASIBILITY OF MEDIAN ISLANDS ON GOLDEN SPRINGS DRIVE,
BETWEEN BREA CANYON ROAD AND THE STATE ROUTE 57
OVERPASS - ICE/Wentz reported that, as directed by the
City Council, staff conducted traffic counts and
solicited comments from the businesses with respect to
the proposed medians. The Traffic & Transportation
Commission, upon review of the preliminary layout of
the proposed medians, felt that it would not be prudent
to install those medians through the business section
of the roadway particularly, because it would restrict
movement, prohibit parking, and there is no provision
for u -turns. The merchants in the area expressed the
same concerns. He recommended that the medians be
limited to construction on Golden Springs Dr. between
260 ft. west of Adel Ave. and the State Route 57
Overpass and that striped/painted medians continue to
be provided between Brea Canyon Rd. and 260 ft. west of
Adel Ave.
CM/Belanger, in response to MPT/Papen's inquiry, stated
that a combination of gas tax and developer fees will
be utilized to resurface Golden Springs, which includes
the proposed medians.
C/Werner suggested that staff also utilize the funds to
MARCH 16, 1993 PAGE 8
begin the median project on the westerly City limit
along Golden Springs back to Gona Court.
CM/Belanger explained that the funds to be used for the
medians between Gona Ct. and the westerly city limits
are part of Landscape District #38, and the Public
Works Department has been directed to begin design of a
median program. This project was instituted as a
result of resurfacing on Golden Spgs.
C/Forbing asked if CalTrans would soon be removing the
barriers under the freeway so that the bike lane along
the northside of Golden Springs can be utilized.
ICE/Wentz indicated that it is not anticipated that
those barriers would remain beyond the construction
period.
Don Schad expressed his support of staff's recommend-
ation.
MPT/Papen moved to authorize installation of the fully
landscaped medians on Golden Spgs Dr. between 260 ft.
west of Adel Ave. and the State Route 57 overpass and
that striped/painted medians continue to be provided
between Brea Canyon Rd. and 260 ft. west of Adel Ave.
C/Forbing pointed out the two long sections of medians
completely under the two freeway ramps should be river
rock with the remainder fully landscaped, saving the
City approximately $20,000 installation and $6,500 a
year annual maintenance.
MPT/Papen stated that she was told that there is
sufficient sunlight to landscape because the ramps are
split. This is not just a traffic issue, but a
beautification issue for the community.
ICE/Wentz confirmed that because the ramps are split,
there is some opportunity for light so that there could
be some planting in that area. He requested that staff
be allowed time to come back with a recommendation on
the types of planting that could go there, or if river
rock should be used.
C/Werner stated that, because the area may be unsafe
and the maintenance of a lawn costly, it may be
appropriate to put in a landscaping plant that would
not require as much maintenance.
MPT/Papen restated her motion, as seconded by C/Werner,
to authorize installation of fully landscaped medians,
to the degree possible, at the discretion of staff, on
Golden Springs Dr. between 260 feet west of Adel Ave.
and the State Route 57 overpass and that striped/
1
1
D
MARCH 16, 1993 PAGE 9
painted medians continue to be provided between Brea
Canyon Rd. and 260 feet west of Adel Ave. M tion
carried unanimously by the following Roll Call vote:
AYES: COUNCILMEN - MPT/Papen, Forbing, MacBride,
NOES: COUNCILMEN - Noneer, M/Miller
ABSENT: COUNCILMEN - None
7.3 ORDINANCE NO. 01 (1993): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ADDING A NEW CHAPTER
22.78 TO TITLE 22 OF THE LOS ANGELES COUNTY CODE AS
HERETOFORE ADOPTED BY REFERENCE PERTAINING TO TRIP
REDUCTION AND TRAVEL DEMAND MEASURES -
stated that it is recommended that Council a pr CM/Belanger
reading by title only, waive full readingn second
d at
Ordinance No. 01 (1993) pertaining to trip reductiondoanpd
travel demand measures.
Motion was made by C/Forbing, seconded by C/M cBride to
approve second reading by title only, waive full reading
and adopt Ordinance No. 01(1993) entitled: AN
OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADD N CA
NEW CHAPTER 22.78 TO TITLE 22 OF THE LOSANGEL S COUNTY
CODE AS HERETOFORE ADOPTED BY REFERENCE PERTAINING TO
TRIP REDUCTION AND TRAVEL DEMAND MEASURES,
Motion
carried unanimously by the following Roll Call vote:
AYES: COUNCILMEN - Forbin
g, MacBride Wern r, MPT/
NOES: COUNCILMEN - Nonen, M/Miller
ABSENT: COUNCILMEN - None
8. NEW BUSINESS:
8.1 RESOLUTION NO. 93-15: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR REPEALING RESOLUTION NO. 92-44
- CM/Belanger reported that the Superior Curt had
directed the City Clerk to certify the petition entitled
"Referendum Against Resolution No. 92-44 Passel b
City Council." y the
C/Forbing moved, C/MacBride seconded to adopt
No. 93-15 repealing Resolution No. 92-44.
following Roll Call .vote, motion carried:
AYES:
COUNCILMEN -
NOES:
COUNCILMEN -
ABSENT:
COUNCILMEN -
Forbing, MacBride,
Papen, M/Miller
None
None
Dlution
th the
, MPT/
CM/Belanger then reviewed the series of recommendations
made by staff, as outlined in the staff report, related
to revision of the General Plan. He indicated t at it
was not possible to estimate costs for the General Plan
MARCH 16, 1993 PAGE 10
revision; however, he believed that the cost would be
approximately $30,000 to $40,000.
C/Werner recommended that the cost be limited to an
amount not to exceed $25,000, or some other figure that
the Council believes to be workable to achieve the
objectives.
M/Miller stated that consultants would be used to
supplement City staff and if the amount was to exceed
the indicated cost, then staff would notify the Council
immediately.
C/Forbing recommended that staff bring back a complete
outline and report, with cost figures, that could be
approved by the Council at the next meeting, as well as
a schedule of meetings and locations.
CM/Belanger requested that a special meeting be held if
staff completes a schedule and a specific estimate of
the costs and the level of participation of the various
consultants before the April 6, 1993 meeting. The
Council concurred. Furthermore, staff will bring back
a proposal on accomplishing the early beginnings of the
public hearing process.
Following discussion, Council concurred to schedule the
first public hearing tentatively for March 30, 1993 at
7.:00 p.m., in the AQMD Auditorium. Council also
concurred to accept the three recommendations outlined
in the staff report.
Max Maxwell, 3211 Bent Twig Ln., recommended that the
Council review each of the elements in the General Plan
at various public hearings, that the meetings be held
at a consistent location and that the public be
properly noticed of the date and time of the scheduled
meetings. He then requested clarification of the first
four pages of the Council's packet regarding item 8.1
of the agenda.
M/Miller suggested that Mr. Maxwell meet with staff so
that they can review the documents with him.
Barbara Beach Cushane, 2021 Peaceful Hills Rd.,
expressed concern regarding escalating costs for
consultants involved in the revision of the General
Plan. In addition, she cautioned against utilizing
U1traSystems Engineers as the environmental consultant
because their EIR findings are significantly different
than those of noted environmentalists and of other
publicly appointed agencies, specifically the
Department of Fish and Game, and it is questionable if
they would be objective in this matter.
MPT/Papen recommended that, since U1traSystems is
MARCH 16, 1993 PAGE 11
currently working on a major project before the
Council, perhaps another environmental firm should be
chosen as staff. She then explained that she prefers
to have an outside third party's opinion to obtain
reference points for discussion on the General Plan so
that the issues can be resolved quickly and
appropriately.
C/Werner recommended that Cotton/Beland Associates
(CBA) be used for both Planning and Environmental.
Don Schad suggested that the original GPAC be allowed
to regroup to resolve the issues at hand and save the
City the expense of hiring consultants and holding
public hearings.
MPT/Papen explained that the formation of GPAC, the
public hearings before the Planning Commission and the
public hearings before the Council were all part of the
public process. Changes made to GPAC's recommendations
were also part of the public process.
CA/Arczynski, in response to MPT/Papen's request for
clarification of the comment made by Mr. Maxwell
regarding violations of Ordinance No. 04, stated that
no particular impediment is seen to Dr. Crowley's
project as dealt with by the Planning Commission under
Ordinance No. 04, unless perhaps substantial
modifications are made that may have an impact to
Ordinance No. 04.
CDD/DeStefano stated that, in his opinion, Dr. Crowley
is not prohibited in processing his project under the
guidelines of Ordinance No. 04 because the project is
not within the sphere of influence, is not in a
significant ecological area, is not on hillside
property and the application was submitted well before
the General Plan process.
It was moved by C/Forbing and seconded by C/MacBride to
adopt Resolution No. 93-15 entitled: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING
RESOLUTION NO. 92-44. Motion carried unanimously by
the following Roll Call vote:
AYES: COUNCILMEN - Forbing, MacBride, Werner, MPT/
Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
8.2 ORDINANCE NO. 02 (1993): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR RELATING TO THE
PREVENTION AND REMOVAL OF GRAFFITI AND OTHER INSCRIBED
MATERIAL AND ESTABLISHING THE PAYMENT OF A REWARD FOR
INFORMATION LEADING TO THE CONVICTION OF GRAFFITI
MARCH 16, 1993 PAGE 12
INSCRIBERS - Sheriff Capt. Lee McCown reported that 36
graffiti artists had been arrested in the City since the
middle of December 1992, of which 30 are residents of
Diamond Bar and 6 are from Walnut, but affiliated with
those residing in the City, ranging in age from 12 to 24
years. The cost of graffiti removal has been reduced by
37% since December 1992 by a very proactive law
enforcement staff who have worked closely with school
districts and the District Attorney's office to develop
a standardized approach to the sentencing aspect and put
the word out that Diamond Bar is not a good place to be
tagging. This is a good ordinance as far as the law
enforcement view point. Further, Capt. McCown announced
that Lt. Muravez is retiring from the Department and that
Lt. Ray Grant will replace him, continuing to give the
City the level of service deserved.
Lt. Muravez thanked the City and staff for helping to
make his job easier in providing better service to the
community.
M/Miller thanked Lt. Muravez, on behalf of the community,
for his efforts.
Lt. Grant stated that he is looking forward to working
with the City, staff and the community as a whole.
CSD/Rose reviewed the following details of the Graffiti
Ordinance prepared by the City Council Subcommittee to
respond to the recent significant increase in graffiti in
the City: it provides for the enforced, timely removal of
graffiti on public and private property, with the City
accepting financial responsibility for removing graffiti
on any piece of property in the City up to four times per
year; it requires businesses to secure devices used to
create graffiti, making them less accessible to potential
taggers. The Ordinances also consolidates existing State
law and provides for higher levels of punishment for
those who engage in inscribing graffiti. Input on this
proposed ordinance has been received by the LA County
Sheriff's Department, and from several businesses who
would be required to secure graffiti marking devices. He
recommended, on behalf of the City Council Subcommittee,
that the Ordinance be approved for first reading.
Red Calkins, 240 Eagle Nest Dr., spoke in support of the
ordinance and suggested that the City crack down on
taggers by considering a curfew for minors under 18 years
of age, requiring merchants to secure the devices used to --
tag and placing the responsibility on the parents of
those taggers.
Max Maxwell, 3211 Bent Twig Ln., noticing that E1 Monte's
graffiti problem has seemed to decrease, inquired if the
Sheriff's Department had noticed that taggers seem to
MARCH 16, 1993 PAGE 13
move from one city to the next.
Capt. McCown explained that E1 Monte has a very active
graffiti removal program and that some of the elements
suggested in Diamond Bar's Ordinance came from some of
the ordinances within E1 Monte. Most of the taggers in
the City are local children and there has not been the
massive influx of crews coming in as seen in some areas.
MPT/Papen read the elements of the ordinance used to
combat graffiti to the audience. The City's policy can
be described as "zero tolerance" for vandalism that is
seen on a daily basis in the community.
CA/Arczynski reviewed the following specific modifica-
tions to particular provisions of the ordinance: omit
the last two words "or any" in the second line of
subparagraph 9c., page 12, and the first four words of
the next line; the word "a" should read "an"in the third
line of subparagraph 9c., page 12, and the word
"misdemeanor" replaced with the word "infraction"; the
first three words following the word "and" in the forth
line of subparagraph 9c., page 12, should be deleted;
substitute "$500.00 " for "$1,000.00 in the fifth line of
subparagraph 9c., page 12, with a period after the word
"dollars" and deleting the rest of the sentence; the
inclusion of subparagraph 9d., on page 12, to read, "Any
person, firm, partnership, or corporation previously
convicted three times under this section 9 violating the
provisions of section 3bh. hereof shall be deemed guilty
of a misdemeanor and shall be punished as provided in
section 14a hereof."; and the present section 19, on page
17, would become section 20, and a new section 19 would
be inserted to read, "All provisions of the Los Angeles
County Vode as heretofore adopted by the City of Diamond
Bar which are in conflict with the provisions of this
ordinance hereby are repealed."
MPT/Papen requested staff to provide the Chamber of
Commerce with a copy of the revised ordinance.
C/Werner suggested that staff provide a press release for
publication in all of the newspapers advising the public
of the consequences as specified in the ordinance, as
well as appropriate information for the next City
newsletter.
C/MacBride pointed out that the ordinance is a basic
legal foundation describing the attitude of the
community, which is zero tolerance in Diamond Bar for
graffiti producers, which will require community
participation, as well as a creative alternative to
remove graffiti impulse totally.
C/Forbing directed staff to prepare an executive summary
MARCH 16, 1993
PAGE 14
of the ordinance, particularly highlighting the
penalties, and distribute it to every student in the
school district within the City, following adoption of
the ordinance by the Council.
It was moved by C/Forbing, seconded by C/MacBride to
waive further reading and approve first reading of
Ordinance No. 02 (1993) entitled: AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR RELATING TO THE
PREVENTION AND REMOVAL OF GRAFFITI AND OTHER INSCRIBED
MATERIAL AND ESTABLISHING THE PAYMENT OF A REWARD FOR
INFORMATION LEADING TO THE CONVICTION OF GRAFFITI
INSCRIBERS. Motion carried unanimously by the following
Roll Call vote:
AYES: COUNCILMEN - Forbing, MacBride, Werner, MPT/
Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
RECESS: M/Miller recessed the meeting at 8:17 p.m.
RECONVENE: M/Miller reconvened the meeting at 8:22 p.m.
9 PUBLIC HEARING: 7:00 p.m. or as soon thereafter as matters
can be heard.
9.1 VESTING TENTATIVE TRACT NO. 50519, ZONING CHANGE NO. 91-1
and DEVELOPMENT REVIEW NO. 91-2 - CDD/DeStefano reported
that the applicant, Dr. Crowley, requested approval to
subdivide a 2.3 acre site located on Torito Ln. into 34
individual ownership lots/units and three (3) common
lots, to change the zone classification from C-1
(Restricted Business) to Zone R -3-(15)U (Limited Multiple
Residence) and to obtain design review of the
architecture, exterior treatments and site plan of the
proposed development. He recommended that the Council
approve the project with the zone change and conditions
listed on the proposed resolutions.
At the request of C/Werner, CDD/DeStefano stated that the
ratio of trash bins to dwelling units is a result of the
design review process. Formulas used by some cities;
however, the formulas may change depending upon the
number of times the refuse disposal company visits the
site and empties the bins.
C/Werner stated that he perceives congregate trash to be
used for multiple family apartment types with the
individual trash collection for ownership types of
development. Since the developer indicated condominiums
for ownership, then perhaps trash facilities should be
designed as such. However, this item can be discussed at
the time of deliberation on the project.
MARCH 16, 1993 PAGE 15
MPT/Papen indicated that she does not see a problem with
allowing the developer to have individual trash pickup
for the development, if so desired, and to not be
restricted by the Council.
M/Miller expressed concern that the loop circulation
system uses a tremendous amount of available open space
on the 2.3 acre site. He also noticed that the units are
designed without a bathroom on the first floor.
M/Miller opened the Public Hearing.
Max Maxwell, 3211 Bent Twig Ln., indicated that he felt
that the project was not in accordance with Ordinance No.
04 and that perhaps a decision on the project should not
be made tonight.
Martha Bruske expressed concern for the density of the
project. It is believed that crime increases as
apartment dwellings increases.
Dr. Ron Crowley, the applicant, stated that the original
design did have individual trash pickup based upon the
suggestion made by the trash disposal companies.
However, upon the wishes of the Planning Commission, the
plan was modified. The loop circulation system was also
a consequence of the wishes of the Planning Commission
because they desired the units to face inward instead of
facing toward the perimeter of the property. As a
further result, the style of the units had to be changed,
omitting the bathroom. The following studies were
conducted at the request of staff and the Planning
Commission: a pricing study conducted by the Meyers
Group which indicated that there is a need for more
attached homes; a sewer area study, conducted by ACM
Environmental Services, which indicated that all the
facilities either have adequate capacity to handle
unexpected flow, or will be expanded in the future to
meet the community's needs; a traffic study, conducted by
Weston, Pringle and Associates, which indicated that the
Torito Ln./Golden Springs Rd., intersection is primarily
used by motorists to get into the Vons Shopping Center
and this project made an insignificant traffic impact; a
Geological and Soils Condition Study on site indicated
that it will be necessary to remove approximately 26 ft.
of soil, replace it, and recompact it in order to build
this project or any project on this site; and a Fiscal
Impact Analysis of Alternative Uses of the 2.3 acres for
-- the site, conducted by Alfred Gobar and Associates, which
indicated that retail development at the site will
generate a negligible net increase in retail sales
revenues received by the City and dilute current levels
of taxable sales for existing City based retail
merchants. He then expressed concern that the City
Engineer requested that he contribute $12,500 toward
MARCH 16, 1993 PAGE 16
signal phasing requirements of Diamond Bar Blvd. and
Golden Springs Rd., a bond for $40,000 toward resurfacing
Torito Ln., a bond for $125,000 toward signalization of
Golden Springs Rd. and Torito Ln. in the event that it is
deemed necessary as well as requested by the Pomona
Unified School District that, as a condition of approval,
he be required to pay $254,457 to the District to help
mitigate the cost of adding new students.
Dr. Crowley, in response to C/Werner, indicated that he
would be willing to have the Council review some of the
previous plans submitted and determine which one is
satisfactory. Through the process, the project seems to
have become less attractive and operative.
MPT/Papen inquired how the Planning Commission determined
that this project would not be suitable for senior
citizen housing since it is within walking distance to
shopping, banks, restaurants and public transportation.
CDD/DeStefano stated that the concerns of the Planning
Commission regarding the 80 -unit senior housing project
was related to the overall design, parking lot layouts,
the ability to maneuver within the subterranean parking --
structure and the density. The project was redesigned
substantially to comply more with the 16 units per acre
General Plan recommendation coming from GPAC, the
Planning Commission and ultimately the City Council.
C/MacBride concurred that the earlier plans submitted by
Dr. Crowley, regarding senior housing, should be reviewed
once again, especially considering the State mandates
which encourage affordable housing for all elements of
the community.
C/Werner expressed concern that the General Plan, at this
point, is not in a position to tolerate such intensifi-
cation of density and is being suggested. He stated that
he thought that reviewing earlier plans meant reviewing
plans with similar land use intensity with more green
space. The applicant would have to express his willing-
ness to extend the additional time in the process,
particularly since an 80 unit project may be
controversial and there are not guarantees.
M/Miller inquired if the applicant would be amenable if
the Council carried the matter over to the next Council
meeting to allow for dialogue and review bythe City
Council's Development Subcommittee of earlier plans --
submitted.
Dr. Crowley stated that he was willing to carry the
matter over to the next meeting.
MPT/Papen noted that there is a consensus of the Council
MARCH 16, 1993
PAGE 17
that there should be more green space within the project.
She then inquired if there are density bonuses offered in
the General Plan for senior/low to moderate housing.
CDD/DeStefano stated that there are provisions within the
General Plan, particularly within the Housing Element,
that allows for a density bonus, in accordance with a few
additional State laws, which permits the City to allow
for density increases when certain percentages of the
project are set aside for very low/low/and moderate
income families.
MPT/Papen requested the Community Development Department
to determine the exact density bonus allowed for a senior
housing project. Though an 80 unit project may be too
dense, the City should not rule out senior housing.
M/Miller, in response to C/Werner, explained that the
Development Subcommittee is to meet with Dr. Crowley to
have his exact understanding, and to meet with staff to
form and understand the process that occurred regarding
the project.
MPT/Papen explained to the applicant that the Council
will make a decision at the next Council meeting whether
to go forward with the senior housing or go forward with
another design.
With no further testimony offered, M/Miller closed the
Public Hearing.
Dr. Crowley stated that he waives the provision of the
Permit Streamlining Act and the Subdivision Map Act to
continue the matter to the next meeting.
10. ANNOUNCEMENTS: C/Forbing announced that the City's
Fourth Anniversary Party is scheduled for April 18, 1993.
11. ADJOURNMENT: With no further business to conduct,
the meeting was adjourned at 10:15 p.m. in memory of Yong Sam
Woo.
6*xo�a— —456e��
LYNDA BURGESS,-CMC/AAE
City Clerk
ATTEST:
May r