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HomeMy WebLinkAbout07/06/1993 Minutes - Regular Meeting2. 3. MINUTES REGULAR MEETING CLOSED SESSION: OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR JULY 6, 1993 5:00 P.M. Litigation - Government Code 54956.9 Personnel - Government Code 54957.6 No reportable action taken. CALL TO ORDER: Mayor Miller called the meeting to order at 6:04 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 Mayor Miller. INVOCATION: The invocation was presented by Pastor Robert Clayton, Diamond Bar Worship Center. ROLL CALL: Mayor Miller, Councilmen Forbing, Werner and MacBride. Mayor Pro Tem Papen was excused. Also present were Terrence L. Belanger, City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Community Development Director; Bob Rose, Community Services Director; George Wentz, Public Works Director; and Lynda Burgess, City Clerk. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 3.3 Proclaimed July, 1993 AS "PARKS AND RECREATION MONTH" - Parks & Recreation Commission Chairman David Schey and Commissioners Steve Johnson and Mike Goldenberg accepted the Proclamation. 3.2 David Bourne, representing Lanterman Developmental Center, expressed the Center's views regarding the proposed Materials Recovery Facility to be constructed by the City of Industry. He stated that if the MRF is built and operated as proposed, the health of the Center's clients would be negatively impacted. He expressed concern regarding the increase in flies in the area, the air borne contaminants, the increase in traffic, and the increase in noise. 4. SCHEDULE OF FUTURE EVENTS: 4.1 Concert in the Park - July 7, 1993 - 6:30 to 8:00 p.m. - "Kelly Rae and Cadillac Blue" Country Western - Sycamore Canyon Park, 22930 Golden Springs Dr. 4.2 Planning Commission - July 12, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.3 Nomination Period for City Council Vacancies - July 12, 1993 - 8:00 a.m., City Hall, 21660 E. Copley Dr. 4.4 Concert in the Park - July 14, 1993 - 6:30 to 8:00 p.m. - "Mid -West Coast Band" Top 40 Contemporary - Sycamore Canyon Park, 22930 Golden Springs Dr. 4.5 Traffic & Transportation Commission -- July 15, 1993 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. JULY 6, 1993 PAGE 2 4.6 City Council Meeting - July 20, 1993 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.7 Concert in the Park - July 21, 1993 - 6:30 to 8:00 p.m. - "Mike Gealer & Euphoria" Contemporary Jazz - Sycamore Canyon Park, 22930 Golden Springs Dr. 4.8 Continued General Plan Public Hearing - July 13, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5. PUBLIC CONSENTS: Jim Paul complimented the City Council's aggressive efforts on the Graffiti Ordinance. He then suggested that the Council take an aggressive stance, by ordinance, on term limits on a local level, specifying guidelines in the event of any Councilmember seeking higher office; requiring any Councilmember to pay for the cost of an election in the event that he is elected to higher office; and setting a protocol to fill vacancies not due to a person going to a higher office. Oscar Law, a member of the Citizens of Diamond Bar for Country Living, pointed out that, historically, it often only takes a small number of individuals to make a change so that justice prevails. He expressed concern regarding the possibility that the City may lose the lawsuit filed by Diamond Bar Assoc. Don Schad, 1824 Shaded Wood Rd., requested support from the City Council for an initiative program called California for Parks and Wildlife" (CPW) for preservation and purchase of undisturbed wilderness areas in the State, costing each taxpayer less than $.50 per month for 20 years. Wilbur Smith, 21630 Fair Wind Ln., referring to the DBA project, questioned why tracts #51 & #87 were approved, particularly when they have the same geological problems associated with tract #50, which was denied. William Gross, 21637 High Bluff, stated that the lawsuit filed by the Diamond Bar Assoc. makes no mention of the referendum, as was indicated, but is directed to allegations made regarding M/Miller and MPT/Papen's actions. The crimes being alleged are serious and have the potential of being costly to the City. Max Maxwell expressed support for Don Schad's request for the City's aggressive support in the CPW program, which is supported by the Federal Government. Barbara Beach-Courchesne, 2021 Peaceful Hills, expressed concern that citizens' right to free speech is being restricted, and those attempting to express their opinions are — accused of being extremists. The lawsuit filed against the City by the DBA far exceeds any cost associated with the referendum. The Councilmembers involved in the allegations should use their own private funds for court costs, not City funds. JULY 6, 1993 PAGE 3 Nick Anis, 1125 Bramford Ct., pointed out that when the DBA presented their project, the majority of the citizens did not feel that it should be approved by the City Council. The City Council, after reviewing the project, concurred that the project should be denied. The allegations are unfounded. 6. COUNCIL CO1=NTS: M/Miller stated that when the Council denied the DBA Tract Map, it was based upon geotechnical concerns raised by the Council and the audience during the Public Hearing process. CM/Belanger clarified that the litigation is a civil complaint, not a criminal complaint as was insinuated. C/Werner urged the public to remember that one is innocent until proven guilty, and conclusions should not be drawn until all of the facts have been presented. 7. CONSENT CALENDAR: Motion was made by C/Forbing and seconded by C/MacBride to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: MPT/Papen i 7.1 APPROVED MINUTES: 7.1.1 Regular Meeting of June 1, 1993 - as submitted. 7.1.2 Adjourned Regular Meeting of June 9, 1993 - General Plan Public Hearing - as submitted. 7.1.3 Regular Meeting of June 15, 1993 - as submitted. 7.1.4 Adjourned Regular Meeting of June 16, 1993 - General Plan Public Hearing - as submitted. 7.2 APPROVED WARRANT REGISTER - Dated July 6, 1993 in the amount of $784,439.79. 7.3 RECEIVED & FILED TREASURER'S REPORT - Month of May, 1993. 7.4 REJECTED CLAIMS FOR DAMAGES: 7.4.1 Filed by Allstate Insurance Company June 1, 1993 - Referred matter for further action to Carl Warren & Co., the City's Risk Manager. 7.4.2 Filed by Fernando Diaz June 7, 1993 - Referred matter for further action to Carl Warren & Co., the City's Risk Manager. 7.4.3 Filed by Miguel A. Ramos and Judith R. -- Martinez June 7, 1993 - Referred matter for further action to Carl Warren & Co., the City's Risk Manager. 7.5 ADOPTED RESOLUTION NO. 93-52: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE STATEMENT OF JULY 6, 1993 PAGE 4 INVESTMENT POLICY. 7.6 ADOPTED RESOLUTION NO. 93-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR LIGHTING OF SPORTS FIELDS AT PETERSON PARK. 7.7 ADOPTED RESOLUTION NO. 93-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT SPECIFIED PROJECT GRANT PROGRAM FOR THE DESIGN AND DEVELOPMENT OF PANTERA PARK. RECESS: M/Miller recessed the meeting at 6:55 p.m. RECONVENE: M/Miller reconvened the meeting at 7:00 p.m. 8. PUBLIC HEARINGS: 8.1 RESOLUTION NO. 93-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THE CITY OF DIAMOND BAR TO BE IN COMPLIANCE WITH THE 1992 CONGESTION MANAGEMENT PROGRAM (CMP) AND APPROVING THE CMP CONFORMANCE CHECKLIST - PWD/Wentz reported that State statutes require that local jurisdictions adopt a resolution by August each year certifying conformance with the Congestion Management Program (CMP) for the previous year. The City Council adopted an ordinance, in March of 1993, encouraging car pooling, van pooling and similar types of approaches to reduce overall trips within the City, and containing requirements related to land use decisions and their impacts upon any regional transportation systems within the City. He recommended adoption of a Resolution finding the City to be in compliance with the 1992 Congestion Management Program (CMP) and approving the CMP Conformance Checklist. M/Miller opened the Public Hearing. With no testimony offered, M/Miller closed the Public Hearing. Motion was made C/Forbing and seconded by C/MacBride to adopt Resolution No. 93-55 finding the City to be in compliance with the 1992 Congestion Management Program (CMP) and approving the CMP Conformance Checklist. Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: MPT/Papen JULY 6, 1993 PAGE 5 8.2 APPEAL OF THE PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 91-12(1) AND DEVELOPMENT REVIEW NO. 93-2 - M/Miller stated that staff and the applicant requested that the matter be carried over to the July 20, 1993 Council meeting. If there are individuals present to provide testimony on this matter, a report will first be presented by staff. Robert Gannon stated that he is willing to return to the next meeting to provide testimony. Mr. Anderson stated that the staff report is incomplete because it does not contain a letter submitted by Mrs. Anderson or by the Wolff Company. M/Miller indicated that the staff report will be complete by the next meeting. M/Miller opened the Public Hearing. With no testimony offered, M/Miller continued the Public Hearing to July 20, 1993. — 8.3 CONTINUED PUBLIC HEARING REGARDING THE GENERAL PLAN - CDD/DeStefano reported that this is the seventh Public Hearing, continuing the Public Hearing process for adoption of the 1993 General Plan. The Council received a report from the Planning Commission at the Council's General Plan Public Hearing meeting of June 29, 1993. The Council assigned C/Werner to chair a subcommittee "regarding the merits of the proposed transportation corridor" within the sphere of influence. That meeting was held on July 6, 1993 and included eight residents as well as several staff members. The purpose of the continued Public Hearing is to receive additional comments, review a vision statement prepared by Dale Beland and receive additional testimony from the public and Council regarding commentary or direction of the 1993 General Plan. He then introduced the following members of the consultant team: Michael Jenkins, of Richards, Watson, and Gershon; Daniel Iacofano, of Moore, Iacofano, and Goltsman; Terry Austin, of firm Austin Faust; and Dale Beland, of Cotton/Beland Assoc. Dale Beland stated that the new version of the vision statement, submitted to the Council and the public, demonstrates that a substantial part of the comments received on the subjects of retention of rural country -- living, community character, preservation of open space resources and reduction of regional traffic impacts on local streets are part of the current revised draft General Plan. The purpose of reviewing the draft is not to revise or change any direction or major policy conclusions, but to ascertain if it does a better job of focusing the vision of what the General Plan is all about JULY 6, 1993 PAGE 6 and to direct staff to include it into the draft if it is acceptable. The consulting staff also submitted a report, requested by the Council, on the status of comments received during the General Plan revision program. The report is a review of the comments made during the City Council Public Hearings. A response to comments made at the workshops was not included because the Council previously received, in written form, an itemized tabulation of all those comments from the three series of workshops, and an indication of those comments incorporated into the revised draft, and those still up for discussion. Many of the comments heard before the City Council have been previously introduced at the workshops. The consulting staff organized the comments made by two methods: by General Plan component, vision statement and General Plan element; and by the commentor, both written and verbal. He then reviewed some of the major areas, as indicated in the submittal presented to the Council, that require direction from the Council. Staff was unable to respond to all comments made due to the July 4, 1993 weekend. C/Werner pointed out that staff had not yet included the direction from Council made on June 29, 1993, to incorporate some policy statements in the General Plan that would suggest amending the existing Tree Ordinance to reflect "indigenous trees". M/Miller opened the Public Hearing. Max Maxwell requested that the public be notified of upcoming Public Hearings in advance. He inquired if the Council will be responding to the comments made as indicated in the report submitted by staff. Nick Anis stated that he is not in support of many of the comments made to revise the General Plan, as indicated in the summarization included in the staff report. He expressed the following concerns: requiring homes built in the City to be on 5 acres allows only wealthy people to buy homes; a double-decker interchange on the 57/60 freeway seems impractical; improving the 57/60 freeway is not enough of a solution to solve the traffic problems on Grand Ave.; and a more direct alternative route must be made available such as the Tonner Canyon Road exit on the 57 freeway to the 71 freeway in Chino; if Chino builds an alternate route, we will have less control than we would have if it were initiated by Diamond Bar; and because there are vacant retail commercial establishments now -- does not mean future centers should not be built. Wilbur Smith requested an opportunity to review the EIR and the MEA documents. JULY 6, 1993 PAGE 7 CDD/DeStefano explained that the EIR was prepared and certified as part of the previous General Plan adoption process. The programs, policies, goals, vision statements, etc., being developed in the 1993 General Plan, are contained within the range of projects discussed in the 1992 General Plan, in accordance to CEQA guidelines. The EIR and MEA are, and have been, available for review at the library and City Hall for purchase or to be borrowed. The EIR was circulated for public review early 1992, and distributed to public agencies and individuals. Dale Beland stated that the appropriate action to be considered by the City Council is the adoption of an addendum to the final EIR, which is specifically designed to accommodate the need for technical modification of a prior certified document, thus achieving the objectives of CEQA. The addendum will be a separate document submitted to the Council for action prior to any adoption of a revised draft General Plan. The existing final EIR, which will be the basis for the addendum, was certified on July 14, 1992. Audrey Hamilton, Copper Mountain Dr., stated that the General Plan needs to contain a program to alleviate the congestion on Grand Ave. Both Tonner_and Soquel Canyons are needed as alternate routes for pass-through traffic on Grand Ave. Don Schad made the following comments: indicate in strategy 1.1.4 on page IV, that 1DU/2.5AC is satisfactory for property not exceeding 15%, and 1DU/5AC for property 15% to 25%, and for properties 0% to 15%, 20% of the property can be graded; delete "where appropriate" from strategy 3.2.1 on page IV; stress in strategy 1.1.4 on page IV that trees are limited and so are natural wilderness areas. Mr. Schad further expressed his complete opposition to a Tonner Canyon roadway. C/Werner reported that the subcommittee, which included eight residents, CM/Belanger, CDD/DeStefano, PWD/Wentz met to discuss how the issue of the regional bypass road is to be handled in the General Plan. C/Forbing had expressed, at the last meeting, the Council's frustration as to the position to take because there are two adamant opposite viewpoints regarding this issue. It was stated by a member of the public that even though there is disagreement with some of the other comments made --� publicly, there is an opportunity to reconcile, for General Plan purposes, a statement to place into the document that would adequately cover the issue generally to the satisfaction of the parties involved. Though a conclusion was not drawn during the subcommittee meeting, substantial progress was made, bringing the issue to the forefront and identifying the different options, JULY 6, 1993 PAGE 8 realizing that perhaps not all of the options are evident at this point in time since it is a regional issue, needing a regional solution. The City may have to look for a solution beyond the limits of the City, not limiting the solution to just the right-of-way or the location of the road, but in terms of funding for the road as well. Since it is a regional issue, the City should not shoulder the entire responsibility for solving the issue, nor is the City in a position to draw all of the conclusions through this General Plan. However, it was felt that the City should be able to scope out the parameters with which we are willing to proceed, addressing how we proactively seek the development of a road, deal with day-to-day issues arising until a road is built, if it is to be built, and how our other traffic issues are prioritized until the regional by-pass road issue is solved. Not realizing that a City Council meeting was scheduled for July 13, 1993, the sub- committee concurred to meet on that same date at 4:30 p.m. to discuss the issue into the evening if necessary. M/Miller suggested that C/Werner discuss with the sub- committee members the possibility of arranging an earlier meeting time. -- Hearing no further testimony offered, M/Miller declared the Public Hearing continued to July 13, 1993 at 7:00 p.m. 9. OLD BUSINESS: 9.1 AWARD OF DESIGN SERVICES CONTRACT FOR GOLDEN SPRINGS DRIVE MEDIANS FROM GONA COURT TO WESTERLY CITY LIMITS - CM/Belanger reported that, in order to provide a uniform landscaping theme along Golden Springs Dr., medians were proposed between Gona Ct. to the westerly City limits; with the Lemon Ave. to the westerly City limit line being the first phase, and the Gona Ct. to Lemon Ave. being a future phased project, proposed if and when the right-of- way on the northerly side of Golden Springs is eventually developed. Staff has reviewed the design proposals submitted by various firms. He recommended that the Council award Dwight French & Assoc. a design services contact, in an amount not to exceed $20,970, and authorize a contingency amount of $5,000 to address contract changes that may become necessary. Jim Paul expressed support that the project's priority is to go from Lemon Ave. westbound to the City limits rather than from Gona Court, because Golden Springs on the north side of the street is primarily undeveloped from Gona Court to Lemon Ave. CM/Belanger, in response to C/Werner, stated that Davidson's proposal was for $100 less than the proposal JULY 6, 1993 PAGE 9 made by Dwight French & Assoc.; however, the proposal made left out a storm drainage design, which is a substantial part of the task needed to be provided. In these types of contracts, though price is a factor, it cannot be the determining factor. Dwight French & Assoc. is doing the design of the resurfacing project for Golden Springs from Brea Canyon Rd. to Grand Ave. As part of their design, they have done a median evaluation along Golden Springs. Their familiarity with the area was noted and was a part of the overall evaluation of their overall service capabilities. In response to C/Werner, PWD/Wentz stated that he and SE/Liu will review the plans that were completed by Dwight French & Assoc. SE/Liu is a registered engineer that is fully capable of dealing with these plans independently. Motion was made by C/MacBride and seconded by C/Forbing to award Dwight French & Assoc. a design services contact, in an amount not to exceed $20,970 and authorize a contingency amount of $5,000. Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, M/ Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: MPT/Papen 9.2 AWARD OF CONTRACT FOR CITY-WIDE STREET TREE MAINTENANCE - CSD/Rose reported that bids were received from five qualified contractors for street tree maintenance and ranged from $71,458 to $141,680. He recommended that the City Council award a contract to West Coast Arborists, Inc., the lowest responsive bidder, in the amount of $71,458. Motion was made by C/Forbing and seconded by C/Werner to award the contract to West Coast Arborists, Inc., the lowest responsive bidder, in the amount of $71,458. Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, M/ Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: MPT/Papen 9.3 AWARD OF CONTRACT FOR LANDSCAPE ARCHITECT FOR PANTERA PARK - CSD/Rose reported that 18 Landscape Architect firms submitted proposals for preparation of plans and specifications for development of Pantera Park. Because of the passage of Prop. A adopted November of 1992, there is $1.47 million available for design and development of Pantera Park. After careful review of the proposals, JULY 6, 1993 PAGE 10 staff recommended that the City Council award the contract to RJM Design Group to complete plans and specifications for development of Pantera Park in an amount not to exceed $82,550. At the request of CM/Belanger, CSD/Rose stated that after reviewing the 18 proposals, staff reduced the list to five firms that appeared to have successfully completed similar projects in similar communities to Diamond Bar, and successfully completed extensive public participation processes. Those five firms were invited to an interview to explain the merits of their company and to demonstrate the level of the people doing the projects. Staff then visited the sites of completed projects in other communities, and met with the staff from the agencies in these communities to see how the parks planning process was handled. The list was then narrowed to three, and at that time staff opened the fee envelopes provided as part of the proposal, and determined the firm not only the most qualified but who provided the most reasonable fee for the project. Motion was made by C/Forbing, and seconded by C/MacBride to award the contract to RJM Design Group to complete plans and specifications for development of Pantera Park in an ount not to exceed $82,550. Motion carried by the f lowing Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, M/ Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: MPT/Papen 9.4 AWARD OF CONTRACT FOR THE INSTALLATION OF THE IRRIGATION SYSTEM AND PLANTING OF TREES ALONG RT. 60 FREEWAY - CSD/Rose reported that bids were received from four qualified contractors, which were opened and publicly read.on June 29, 1993 with prices ranging from $322,118 to $435,470. He recommended that the City Council award a contract to Coast Landscape Construction Inc., in the amount of $322,118 for installation of the irrigation system and planting of trees along Rt. 60 freeway. Motion was made by C/Werner and seconded by C/MacBride to award a contract to Coast Landscape Construction Inc., in the amount of $322,118 for installation of the irrigation system and planting of trees along Rt. 60 freeway. Motion carried by the following vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, M/ Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: MPT/Papen JULY 6, 1993 PAGE 11 10. NEW BUSINESS: 10.1 POMONA VALLEY HUMANE SOCIETY ANIMAL CONTROL SERVICES AGREEMENT - SUPPLEMENT #2 - CM/Belanger reported that the City Council is requested to annually review the Agreement for Animal Control Services with Pomona Valley Humane Society and approve the annual supplemental payment. He recommended that the City Council approve Supplement Number 2 with the Pomona Valley Humane Society and authorize the Mayor to sign said Supplement. Motion was made by C/MacBride and seconded by C/Werner to approve Supplement Number 2 to the Agreement for Animal Control Services between the City and the Pomona Valley Humane Society and authorize the Mayor to sign Supplement No. 2. Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, M/ Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: MPT/Papen 11. ANNOUNCEMENTS: C/MacBride stated that he feels the City has a very good partner in the Pomona Valley Humane Society for Animal Control Services. C/Werner stated that he enjoyed last week's Concert -in -the - Park and that he looked forward to the Country Western band this Wednesday. Lte. Wendell Henson, at the request of CM/Belanger, introduced Sgt. Sheila Sanchez, the new team sergeant, who is replacing Sgt. Warren Wright as liaison to the City. 12. ADJOURNMENT: There being no further business to discuss, M/Miller adjourned the meeting at 8:15 p.m. and continued the Public Hearing regarding the General Plan to July 13, 1993 at 7:00 p.m. and the Public Hearing regarding Cup 91-12(1) to July 20, 1993 at 7:00 -p.m. od� da Burgess; eity Clerk ATTEST: Mayor