HomeMy WebLinkAbout05/04/1993 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MAY 4, 1993
1. CLOSED SESSION: 5:00 P.M.
Litigation - Government Code 54956.9
Personnel - Government Code 54957.6
No reportable action taken.
C/Werner was not present for Closed Session.
2. CALL TO ORDER: Mayor Miller called the meeting to
order at 6:08 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 Boy Scout Troop 737, Diamond Bar.
INVOCATION: The invocation was presented by
Reverend Randy Lanthripe of the Church In The Valley.
ROLL CALL: Mayor Miller, Mayor Pro Tem Papen,
Councilmen Forbing, Werner, MacBride.
Also present were 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: Eileen Ansari, 1823 Cliffbranch Dr.,
suggested that the Council communicate with Assemblyman
Horcher regarding the possibility of obtaining funds to
purchase Sandstone Canyon for its preservation. She expressed
concern that the public was not given an opportunity to reply
to comments made by the Planning Commission prior to their
vote on April 29, 1993 for the development in Sandstone
Canyon. She also stated that the school should not be held
hostage for this development.
Red Calkins, 240 Eagle Nest Dr., spoke regarding the possible
increase in fire protection rates and urged the public to
write to the County Board of Supervisors protesting the
increase.
Bill Afthim, 22721 Dry Creek, extended appreciation to Mayor
Miller for proclaiming May 2 - 8, 1993 as Victims of
Pornography Week and for implementing the invocation as part
of the Council meetings.
Nick Annis, 1125 Bramford Ct. , expressed concern for the right
hand turn restriction at Rolling Knoll/Country View. Traffic
congestion seems to occur during its enforcement. A public
street should not be restricted for the benefit of a few.
Don Schad, 1824 Shaded Wood Rd., stated that he recently
assisted Assemblyman Horcher in evaluating some of the
MAY 4, 1993 PAGE 2
wilderness areas within the confines of the City. He also
took Assemblyman Horcher, who might be able to provide funds
or examine means to acquire Sandstone Canyon for its
preservation, on a tour of the Canyon, making sure not to go
on the Arciero property.
Max Maxwell stated that since the Medical Plaza project was
approved by the Planning Commission, and is not required to
come before the Council for approval, he would like written
confirmation that the Sandstone Canyon project will come
before the Council for review. He also expressed concern that
some of the inquiries made regarding the DEIR, and the
project, have not been responded to.
Tom Ortiz, 3308 Hawkwood, commended the Sheriff's Department
for dealing with crime issues in the City. He informed
everyone that Fire Station #119 on Pathfinder will hold an
open house May 8, 1993, and that the Sheriff's Department will
have an open house in June.
Barbara Beach Cushane, 2021 Peaceful Hills Rd., asked the
Council to treat citizens with dignity and respect.
4. COUNCIL COMONTS: C/Werner, concerned that the public
did not get an opportunity to provide input, requested-
clarification
equestedclarification from Ms. Ansari regarding her concern that she
was not able to respond to comments made at the Planning
Commission public hearing.
Mrs. Ansari explained that the Planning Commissioners made
comments prior to their vote on the motion on the floor. She
stated that she would have liked to have responded to the
comments made because she felt some of the reasoning presented
was ludicrous.
CDD/DeStefano assured C/Werner that the public did get an
opportunity to provide testimony. Following public input
regarding the South Pointe project's consistency with the
General Plan, the Commission concluded their discussion with
the vote. The Planning Commission directed staff to begin to
prepare resolutions regarding the consistency issue of this
project. The public hearing will continue on May 10, 1993 at
7:00 p.m.
C/Werner, in response to Mr. Calkins, pointed out that the
increase in the fire rates are being imposed by L.A. County
Fire Protection District and not by the City.
C/MacBride, referring to a suggestion he received regarding j
aggressive planting along walls subject to graffiti attacks,
stated that staff is exploring all of the alternatives. He
then stated that he felt the General Plan revision workshop
MAY 4, 1993
PAGE 3
discussions have been helpful, and well established. He went
on to state that there will be three public hearings before
Council set for May 19, 26 and June 2, 1993. He suggested
that there be a two week period, following the last public
hearing on June 2, before the Council takes final action, for
the purpose of allowing everyone time to reflect on all
materials presented.
M/Miller explained that the newly scheduled May 12 workshop is
designed to give the community an opportunity to review
recommendations made by the consultant. Staff will be
directed to prepare resolutions of approval to be brought back
to the Council June 2. Final consideration on the matter will
take place two weeks following, thereby giving the community
two additional weeks for review.
C/Werner suggested that a final hearing date not be
predetermined because there is no way of knowing when all of
the issues will be concluded. He also suggested that there be
a four week period, following the last meeting and when all of
the documentation has been made available and no further
changes or written material is presented, before having the
meeting to review approval documentation.
M/Miller stated that the intent is to establish a calendar for
hearings. If that goal is not accomplished, other meetings
will be scheduled.
MPT/Papen congratulated San Gabriel Valley Tribune reporter
Joe Ascenzi and his wife on their recent marriage. She
further stated that there is a public hearing of the L.A.
County Metropolitan Transportation Agency, scheduled May 10,
1993, on this year's Call for Projects. The City has 8
projects in the Call for Projects, 4 of which involve the
freeway interchange system. Council will attend that meeting
attempting to keep the City's name on the short list so those
projects can be funded. In regard to the preservation of
Sandstone Canyon, she stated that she would support a bond
measure to acquire open space, however, it would probably have
to be a local bond measure, on the November ballot, because it
has been indicated, by Supervisor Dana's office, that only
$500,000 remain from Prop. A, that has not yet been allocated.
She further stated that the City, as part of the Call for
Projects, has requested participation by the County for
$265,000 for traffic signal synchronization and other
improvements on Grand Ave.
-- M/Miller, in response to Mr. Schad, explained that the reason
he could not give approval for Mr. Schad and Assemblyman
Horcher to tour Sandstone Canyon was because he is abstaining
from all matters regarding that process. In response to
Barbara Beach Cushane, he concurred that it is important to
MAY 4, 1993
5.
PAGE 4
treat each other with respect and dignity.
MPT/Papen, reported that the Subcommittee on Property
Maintenance Standards completed their preparation of a draft
ordinance to be presented to the Council for review at the
next meeting, following the City Attorney's review.
CM/Belanger, in response to C/Werner's concern that the
ordinance should come before the Council for review before
authorizing City Attorney costs, explained that it is not an
inappropriate process for the City Attorney to review, or
prepare a draft ordinance. Furthermore, the nature of the
City Attorney's contract caps the amount of money the Attorney
can charge the City.
SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
5.1 PRESENTATION TO CITY BY SUPERVISOR DEANE DANA - Anne
Stephens, representing Supervisor Dana, thanked Council
for their efforts in helping to promote Safe Communities
Week in the Pomona and Walnut Valley Unified School
Districts and throughout the City.
5.2 PROCLAIMED MAY 2-8, 1993 AS "HIRE -A -VETERAN WEEK."
5.3 PROCLAIMED MAY 16-22, 1993 AS "NATIONAL PUBLIC WORKS
WEEK."
6. CONSENT CALENDAR: CM/Belanger amended Item 6.2.1 to
indicate that the General Plan Public Hearing will be held May
12, 1993 at 7:00 p.m. at the AQMD Cafeteria, 21865 E. Copley
Dr. He further stated that a corrected voucher register had
been prepared amending the Warrant Register from the incorrect
amount as reflected in the agenda.
C/Forbing moved, C/MacBride seconded to approve the Consent
Calendar. With the following Roll Call vote, motion carried:
AYES: COUNCILMEN - Forbing, MacBride, Werner, MPT/Papen,
M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
6.1 SCHEDULE OF FUTURE EVENTS:
6.1.1 PLANNING COMMISSION - May 10, 1993 - 7:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
6.1.2 GENERAL PLAN PUBLIC HEARING - May 12, 1993 -
7:00 p.m., 21865 E. Copley Dr.
6.1.3 TRAFFIC & TRANSPORTATION COMMISSION - May 13,
1993 - 6:30 p.m., AQMD Hearing Room, 21865 E.
Copley Dr.
6.1.4 CITY COUNCIL MEETING - May 18, 1993 - 6:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
MAY 4, 1993 PAGE 5
�I
6.2 WARRANT REGISTER - Approved Register dated May 4, 1993 in
the amount of $527,570.20.
6.3 TREASURER'S REPORT - Received & filed Treasurer's Report
for month of March, 1993.
6.4 PARKS & RECREATION COMMISSION MINUTES:
6.4.1 Regular Meeting of February 25, 1993 -
Received & filed.
6.4.2 Regular Meeting of March 25, 1993 -
Received & filed.
6.5 TRAFFIC & TRANSPORTATION COMMISSION MINUTES:
6.5.1 Regular Meeting of March 11, 1993 - Received &
filed.
6.5.2 Regular Meeting of April 8, 1993 - Received &
filed.
7. OLD BUSINESS:
7.1 FINANCIAL ADVISORY SERVICES - M/Miller stated that he
would abstain from discussion on this matter because he
lives within a couple of hundred feet of the subject
area.
ICE/Wentz reported that it would be beneficial to retain
the services of a qualified financial advisor to assist
the City staff in proceeding with design and formation of
a sanitary sewer system. Staff interviewed 7 firms, and
following the evaluation of their oral presentations, he
recommended retaining Public Financial Management, Inc.
to provide financial advisory services for the sewer
assessment district in an amount not to exceed $12,500
plus $2,500 contingency.
It was moved by C/MacBride and seconded by C/Forbing to
enter into a contract with Public Financial Management,
Inc. to provide financial advisory services for the sewer
assessment district in an amount not to exceed $12,500
plus a $2,500 contingency. By the following Roll Call
vote, motion carried:
AYES: COUNCILMEN - MacBride, Forbing, Werner, MPT/
Papen
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
ABSTAIN: COUNCILMEN - M/Miller
8. NEW BUSINESS:
8.1 ADOPTED RESOLUTION NO. 93-30: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
MAY 4, 1993
PAGE 6
SPECIFICATIONS FOR THE MAINTENANCE SERVICES FOR EIGHT (8)
CITY PARKS IN SAID CITY AND AUTHORIZING AND DIRECTING THE
CITY CLERK ADVERTISE TO RECEIVE BIDS - CSD/Rose reported
that the City currently has a maintenance contract with
Mariposa Landscaping, Inc., for $101,458 per year to care
for the City's eight parks. The current contract does
not list six tasks, as indicated in the staff report,
which staff feels will improve the quality of the parks
as well as service to the community. These items would
be added to the existing contract with Mariposa
Landscaping, Inc. for a minimum of $41,400 per year,
increasing the total annual commitment for park
maintenance to $142,458. However, it is estimated that
the subject items could be obtained through the bidding
process for about $19,000 per year. It is staff's
opinion that these subject tasks should be included in
the Parks Maintenance Specifications and the whole
contract be taken out to bid. He recommended approving
the revised specifications for annual landscape
maintenance.
It was moved by C/Werner and seconded by C/Forbing to
adopt Resolution No. 93-30 entitled: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
SPECIFICATIONS FOR THE MAINTENANCE SERVICE FOR EIGHT (8)
CITY PARKS IN SAID CITY AND AUTHORIZING AND DIRECTING THE
CITY CLERK TO ADVERTISE TO RECEIVE BIDS. Motion carried
by the following Roll Call vote:
AYES: COUNCILMEN - Werner, Forbing, MacBride, MPT/
Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
8.2 STORMWATER IMPLEMENTATION AGREEMENT - ICE/Wentz
reported that on April 7, 1992, the Council approved
participation as a Co -Permittee in the National
Pollutant Discharge Elimination System (NPDES) Permit
No. CA 0061654. Staff has been involved in the various
tasks/activities as required by the Permit. In
accordance with Sections 2.1.10 and 3.1.3 of the
Permit, the City is requested to enter into a
joint -powers agreement among all Permittees, which will
be used to establish/define the responsibilities of
each Co -Permittee with respect to compliance with the
NPDES Permit No. CA 0061654. He recommended approval
of the National Pollutant Discharge Elimination System
Permit Implementation Agreement.
It was moved by C/MacBride and seconded by C/Forbing to
approve the National Pollutant Discharge Elimination
System Permit Implementation Agreement. Motion carried
MAY 4, 1993 PAGE 7
unanimously by the following Roll Call vote:
AYES: COUNCILMEN - MacBride, Forbing, Werner, MPT/
Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
9. PUBLIC HEARINGS:
9.1 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR REPEALING RESOLUTION NO.
90-102 AND ESTABLISHING A FEE RELATED TO THE
IMPLEMENTATION AND ADMINISTRATION OF A SOURCE REDUCTION
AND RECYCLING PROGRAM AS REQUIRED BY ASSEMBLY BILL 939
- CM/Belanger reported that the draft revisions to the
ordinance were not yet complete. He recommended that
Council continue the Public Hearing to May 18, 1993 to
enable staff to resolve issues pertaining to the
issuance of solid waste permits; and allow the Council
Subcommittee to review the proposed fee system. He
further recommended that item 9.2, establishing an
application fee and annual renewal fee related to the
issuance of solid waste permits, be continued to May
18, to enable staff to resolve issues pertaining to the
issuance of solid waste permits and allow the
Subcommittee to review the proposed fee system.
MPT/Papen stated that, since the Subcommittee has not
yet completed their review, the matter should not be
continued to a date certain. Furthermore, the item
should not be on the agenda for Public Hearing without
a staff report.
CM/Belanger suggested that the matter can either be
continued to the second meeting in June, or removed
from the agenda and direct staff to appropriately
readvertise the Public Hearings at such time that the
companion underlying policy changes have been drafted
and presented to Council.
Following further discussion, with Council concurrence,
staff was directed to pull item 9.1 and 9.2 from the
agenda and to renotice them when appropriate.
9.2 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ESTABLISHING AN APPLICATION
FEE AND ANNUAL RENEWAL FEE RELATED TO THE ISSUANCE OF
-- SOLID WASTE PERMITS - With Council concurrence, staff
was directed to take the matter off calendar and to
renotice the public hearing when appropriate.
10. ANNOUNCEMENTS: C/Werner stated that, in his
MAY 4, 1993
PAGE 8
opinion, the Council should first review the Property
Maintenance Ordinance proposal prior to it coming before
the Council for a Public Hearing.
C/Forbing pointed out that a subcommittee is charged with
working on any given project and bringing a finished product
to the Council for review and consideration. In order for
the subcommittee to substantiate what they are working on,
the proposal needs to be submitted to the City Attorney for
a draft ordinance, which will then come before the Council.
C/Werner expressed concern that the subcommittee was
appointed by the mayor and not by the Council; therefore,
the subcommittee does not represent the Council.
MPT/Papen stated that the issue of forming the subcommittee
was brought before the Council about two months ago, at
which time the Mayor appointed the subcommittee during the
Council meeting, which was approved by the Council. The
reason proposals are sent to the City Attorney is so that
they are reviewed legally before coming to the Council for
public review.
C/Werner pointed out that the Council was elected to
represent the community, and to bring forth varying
viewpoints for discussion at a public forum. For two
members of a subcommittee to formulate an ordinance and
bring it before the public at a public meeting, without
review of the Council, is premature.
M/Miller directed staff to review the record and provide Mr.
Werner with the information necessary to understand how the
formation of the subcommittee was established.
CA/Arczynski stated that, typically, either at the request
of staff, or a need is perceived for some modification to
existing ordinances, or as a result of discussion or
direction at the Council level, a draft ordinance will be
prepared for circulation and comment. A number of policy
types of ordinances need community background, in which the
subcommittee, upon review of the document, provide staff
with those concepts. An appropriate framework is prepared
to make a draft ordinance to present to the Council for
review, before it goes to a Public Hearing either at the
Planning Commission or Council level.
C/Werner and M/Miller concurred to meet to discuss
C/Werner's concern regarding the general processing and
procedures.
MPT/Papen, in regard to a comment made regarding cutbacks in
police services overall, pointed out that the City, upon
MAY 4, 1993 PAGE 9
incorporation, increased the number of officers patrolling
City streets by 100%. There are no cutbacks in services
from the Sheriff's Department, which is funded by the City
100%.
11. ADJOURNMENT: With no further business to
conduct, the meeting was adjourned at 7:40 p.m.
4DA BURGESS, City Clerk
ATTEST:
Mayor