HomeMy WebLinkAbout08/17/1993 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 17, 1993 1. CLOSED SESSION: None held. 2. CALL TO ORDER: Mayor Miller called the meeting to order at 6:00 p.m. at the AQMD, 21865 E. Copley Dr., Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Mr. Red Calkins. INVOCATION: The invocation was presented by Dr. Robert J. Wiley, Jr., Northminster Presbyterian Church. ROLL CALL: Mayor Miller, Mayor Pro Tem Papen, Councilmen Forbing, Werner and MacBride. Also present were: Terrence L. Belanger, City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Community Development Director; George Wentz, Public Works Director and Lynda Burgess, City Clerk. 3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.: 3.1 Certificate of Appreciation - M/Miller presented a Certificate of Appreciation to Captain Lee McCown of the Los Angeles County Sheriff Department, Walnut Station. 3.2 Introduction of Captain Larry L. Waldie, Los Angeles County Sheriff Department, Walnut Station - Captain Waldie was unable to be present. 4. SCHEDULE OF FUTURE EVENTS: 4.1 Concert in the Park - August 18, 1993 - 6:30 to 8:00 p.m. - "Rockadiles" 50 -Is -601's music - Sycamore Canyon Park, 22939 Golden Springs Dr. 4.2 Planning Commission - August 23, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.3 Parks & Recreation Commission - August 26, 1993 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 4.4 City Offices Closed - September 6, 1993 - Labor Day. 4.5 City Council Meeting - September 7, 1993 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5. PUBLIC COMMENTS: Glennon A. Neubauer, 21415 Running Branch, Pres., D.B. Historical Society, speaking on behalf of Dorothy Bordenave, chairperson of the Friends of the Library, requested that the City continue a dialogue with the County to maintain longer Library hours. The Friends of the Library will schedule several fund-raiser forums, with the first scheduled for August 28, 1993 at the AQMD. AUGUST 17, 1993 PAGE 2 C/MacBride stated that Michael Garofalo, County Regional Supervisor, suggested that those interested in having regular, consistent hours for the Library should call the Library to express support. Red Calkins, 240 Eagle Nest Dr., expressed appreciation for Fire and Sheriff Departments' quick response recently when a neighbor suffered a major heart attack. In addition, he stated that after attending a forum held by Assy. Paul Horcher, he felt that the City should rescind its Proclamation supporting NAFTA because the U.S. does not benefit from its policies. He asked if the City Council was aware that the City of Industry was once again pursuing the proposed Material Recovery Facility (MRF.) Oscar Law, 21511 Pathfinder Rd., complimented M/Miller and MPT/Papen on the results of the recent decision regarding the DBA lawsuit. He then questioned M/Miller's connection with the RNP Development Co. and asked why corporate changes involving the officers were not immediately filed. M/Miller explained that he turned in all files on the landholding to the City Attorney prior to being sworn in on the City Council so that any individual could make a determination on conflict of interest and ownership. He further stated that he sold the property and stock nearly three years ago and does not know why corporate changes were not immediately made. CA/Arczynski confirmed that documents were provided over 2 1/2 years ago with regard to issues of potential conflict of interest regarding the piece of property in question. Though the timelines allow M/Miller to participate in the process, M/Miller has informed the public that he will not be participating in the discussion process regarding that piece of property. CM/Belanger stated that M/Miller wrote a letter which was distributed to the Planning Commission, the City Council and members of the public who have requested it, essentially stating that he has no intention of participating in the process whether at staff level or at the City Council level. M/Miller, in regard to the DBA lawsuit, indicated that the court did not grant DBA the protective order they requested in regard to this litigation. He then stated that it is not proper for certain individuals to have used unfounded, defamatory statements against his name. Litigation papers will be filed. MPT/Papen, in regard to a comment made concerning allegations regarding campaign contributions, explained AUGUST 17, 1993 PAGE 3 that the contribution offered by Mr. LaPeter and DBA came three days after the City Council's vote to deny the project. She stated that she and M/Miller are owed a public apology to the extent that they were scurrilously attacked. She requested a retraction be FAXed to all 800 persons in D.B. who receive the D.B. Gazette and to all cities in L.A. County, subject to her approval of the text, and that the D.B. Citizens to Protect Country Living apologize to every resident for damage done to this community. George Barrett, 1884 Shaded Wood Rd., pointed out that a lot of misunderstanding could have been prevented had M/Miller admitted to knowing who formed RNP when citizens stood before the City Council and made the inquiry six months ago. Since M/Miller has no conflict of interest, then there should be no reason for him not to participate in the discussion of the South Pointe Master Plan. M/Miller pointed out that he has not participated in many issues because of a conflict of interest or a perception of a conflict of interest. If there is a doubt about the right to vote or doubt about a conflict of interest, he finds it most appropriate not to participate. Nick Anis, 1125 Bramford Ct., stated that, for the record, he is a registered voter and any statement made otherwise would be defamatory. A person does not have the right to make statements that cannot be substantiated. He pointed out that a referendum stops the General Plan and that it is not merely a method to get an issue on the ballot, as has been indicated. Referending the General Plan at this time will require a special election because the deadline for the ballot has passed. Ken Anderson, 2628 Rising Star Dr., expressed concern that pamphlets being distributed throughout the City contain misinformation and are being represented to be a City pamphlet. Don Gravdahl, 23988 Minnequa, commended C/MacBride, MPT/Papen and members of the public for attending the Three Valleys Water Board meeting to protest the $10.00 per parcel assessment tax. Because of the turnout, the signatures and the support of the Councilmembers, the parcel tax was not enacted for this year. Michael Lowe, 1124 Cleghorn, stated that it has come to his attention that C/Werner has taken information from closed session hearings and making it public. The Council needs to address this Brown Act violation. AUGUST 17, 1993 PAGE 4 8. PUBLIC HEARINGS: 8.1 SECOND READING OF ORDINANCE NO. 04(1993): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING IN ITS ENTIRETY, CHAPTER 13.05 OF TITLE 13 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND ESTABLISHING NEW REQUIREMENTS AND STANDARDS RELATING TO PUBLIC SAFETY ALARM SYSTEMS - CM/Belanger reported that first reading was held August 3, 1993. Amendments to the Ordinance were made at that time. M/Miller opened the Public Hearing. There being no testimony offered, M/Miller closed the Public Hearing. CA/Arczynski, in response to MPT/Papen, stated that the fee schedule requires a specific noticed Public Hearing, which cannot be placed in the paper until all documents and reports are prepared and available. Motion was made by MPT/Papen, seconded by C/MacBride to waive Second Reading and adopt T Ordinance No. 4 (1993). C/Werner requested that Section 3.9.0(a), dealing with the number of false alarms permitted in a 12 month period, be amended to indicate a 6 month period. M/Miller concurred. CA/Arczynski stated that if the Council wishes to consider such a change, he would recommend that the Council adopt the Ordinance and direct staff to prepare an amendment for the next meeting. MPT/Papen indicated that she would prefer that the Ordinance remain as presented. If it is changed as indicated, it can allow up to 5 false alarms in a 6 month period before a fine is issued, which is excessive. C/Forbing and C/MacBride concurred. It was the consensus of Council to leave Ordinance No. 4 (1993) as written. Following discussion, Ordinance No. 4 (1993) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING IN ITS ENTIRETY, CHAPTER 13.05 OF TITLE 13 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND ESTABLISHING NEW REQUIREMENTS AND STANDARDS RELATING TO PUBLIC SAFETY ALARM SYSTEMS, was unanimously adopted by the following Roll Call vote: AUGUST 17, 1993 PAGE 5 AYES: COUNCILMEN: Forbing, MacBride, Werner, MPT/Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 8.2 RESOLUTION NO. 93-62: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A BAIL SCHEDULE RELATIVE TO THE IMPLEMENTATION AND ADMINISTRATION OF ASSEMBLY BILL 408. CM/Belanger reported that, on July 1, 1993, Assembly Bill 408 went into effect decriminalizing parking citations, removing processing from the courts and establishing a system of administrative adjudication for these offenses. He recommended adoption of a Resolution establishing penalties for parking violations and late payments, administrative fees and related charges. MPT/Papen asked why someone would be ticketed for cleaning a sidewalk as indicated in item #63. CA/Arczynski explained that some of these Code sections may no longer have any relevance to Diamond Bar and staff will double-check all sections and revise or delete as appropriate. C/Werner asked staff to explain the implication of Assembly Bill 408 as it relates to Diamond Bar. CM/Belanger explained that, beginning July 1, 1993, revenue from parking citations or other citations under this Code will now come to the City. As of January 1994, the City must also handle the adjudication process that was previously handled by the courts. The City is currently evaluating our options in terms of adjudication. The fee schedule takes into consideration the cost of administering the entire program. He estimated that the citations will bring approximately $20,00 in net revenue to the City, Motion was made by C/MacBride, seconded by C/Forbing to adopt Resolution No. 93-62. M/Miller opened the Public Hearing. Don Gravdahl asked if there had been a change to — the fee schedule used by the County. CM/Beldnger stated that the City had not changed the schedule, with the exception of adding section #69. Mr. Gravdahl suggested that the City consider a AUGUST 17, 1993 PAGE 6 press release to inform the public of the fee schedule. CM/Belanger stated that this is not an Ordinance and is not typically published. However, if the City Council desires, once the Resolution is adopted, staff can have it published. With no further testimony offered, M/Miller closed the Public Hearing. CM/Belanger, in response to C/Werner, stated that the parking penalty schedule also included fees for other activities as well. The City may choose, in the future, to remove some of these categories to other areas of the Code or to eliminate them completely. C/Werner suggested that staff be asked to investigate alternatives to administering this process so that the Sheriff is dealing with more significant items other than parking matters. The Council then voted upon the motion made by C/MacBride and C/Forbing to adopt Resolution No. 93-72 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A BAIL SCHEDULE RELATED TO THE IMPLEMENTATION AND ADMINISTRATION OF ASSEMBLY BILL 408. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, MPT/Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 5. PUBLIC COMMENTS: (Cont'd.) C/Werner, in response to the comment made by Mr. Lowe, stated that it would have been more appropriate had Mr. Lowe come to the Council with more relevant and substantiated information. Frank Dursa stated that, contrary to what is being told to the public, if there is another referendum, the City is allowed to use selected aspects of the draft General Plan as an interim General Plan policy, as may be limited by other bodies of law. Eileen Ansari, 1823 S. Cliffbranch, stated that M/Miller should have allowed C/Werner an immediate opportunity to rebut the scurrilous statement made by Mr. Lowe, especially since M/Miller used half of the Public Comment time to reply to allegations made in his regard. AUGUST 17, 1993 PAGE 7 Barbara Beach-Courchesne requested that the time for Public Comment be extended if the Council feels a need to respond to any allegations made by the community, and that all Councilmembers be awarded the same consideration. She complained that some of the Councilmembers are using their positions to dissuade people from signing the referendum. MPT/Papen asked if the Citizens to Protect Country Living had filed the required documents with the FPPC or the City Clerk in regard to funds spent and contributions received for the referendum. Mrs. Beach-Courchesne indicated that she is acting as a private citizen in regard to the referendum. MPT/Papen stated that it is only reasonable that the Citizens to Protect Country Living file the appropriate forms and make full disclosure so that the public is kept properly informed. 6. COUNCIL COMMENTS: C/MacBride thanked Mr. Calkins and Mr. Gravdahl for their work on the Three Valley Water Assessment issue. In regard to Mr. Calkins' concern regarding NAFTA, C/MacBride explained that the Council had adopted a Resolution supporting the position to request that NAFTA be strengthened by four new supplemental agreements. In regard to a statement made by Mr. Dursa at a previous meeting that City funds were being used to pay for Councilmember's golf, guests and their meals at City -related meetings, he stated that, after meeting with Mr. Dursa, Mr. Dursa requested that C/MacBride state, at this meeting, that he did not mean to associate C/MacBride's name with the implications made. C/MacBride stated that he appreciated Mr. Dursa's concern about the finances of the City and the effort made to get the facts. In regard to a statement made at the last meeting, C/MacBride stated that he does not have a campaign manager but two leaders who have agreed to gather volunteers to assist in his campaign. He then cautioned that City expenditures will exceed revenue by 1996 unless the City watches every dollar and we all work together. C/Werner stated that, hopefully, after the referendum, issue is settled, the community will be able to unite and move forward with business. — MPT/Papen, in regard to Mr. Dursa's statement regarding the use of City funds to pay for golf, stated that, for the record, she attended every session and never did play golf. In the future, it is important to single out the Councilmember who raised the concern. In regard to the issue of the referendum, she stated that, as a citizen, she has the right to discuss an important AUGUST 17, 1993 PAGE 8 reviewed the following changes to the Land Use document requested by the Citizens to Protect Country Living as outlined in the 33 -page document submitted and read to the City on June 29, 1993: a moratorium on all single family and commercial development for 5 years or until existing commercial businesses are 95% occupied or until all traffic intersections are reduced to LOSC levels of congestion; no additional shopping centers; no further development of any kind in Tonner Canyon including a roadway or other forms of transportation; designation of all undeveloped land with deed, map or CC&R restrictions as permanent open space; notice of public hearing within a 3 -mile radius of subject property by certified mail; separate hearings at six locations, 7 days in advance of hearings; include a tree ordinance in the General Plan which would protect the California Oak, Black Walnut, Sycamore, Pepper and Arroyo Willows, down -zone hillsides from 1DU/AC to 1DU/2.5 acres; limit grading to a maximum of 25% of every parcel, if over, would need full EIR; transfer of density; exchange of development rights not permitted; and a full EIR required in all development larger than 1 single family dwelling unit, a single multiple complex or commercial building over 10,000 square feet. She pointed out that, though the pamphlets handed out by the Citizens to Protect Country Living indicate that the General Plan permits more development in D.B. than L.A. County permitted, when, in actuality, there has been a 62% reduction in development from what the County would have allowed. In regard to disclosure of closed session information, she stated that it appears that in the last 6 months, C/Werner had been disclosing, to citizens and developers involved in separate suits against the City, information discussed in closed session. She asked if the Council can bar another Councilmember from attending closed sessions when these two litigation matters are discussed. CA/Arczynski stated that the Brown Act indicates that there are certain topics and areas of discussion which the City Council may legally and validly conduct in closed session. There are cases which indicate that a Councilmember in an adversarial position to the City may be asked to not join the closed session. The Council can direct staff to prepare necessary correspondence or memorandum to give the full options available. C/Werner stated that he had never divulged information -- discussed in closed session and had not violated any Brown Act regulations. He further stated that he sought legal counsel in regard to the signed affidavit used in Superior Court and that he felt that anything he did was to fulfill his obligation to the public. AUGUST 17, 1993 PAGE 9 MPT/Papen requested that a resolution be placed on the agenda for the next meeting barring C/Werner from attending closed sessions during discussions of the two litigation matters against the City. C/Werner requested that the matter involved MPT/Papen's legal defense also be put on the agenda for the next meeting. 7. CONSENT CALENDAR: 7.1 MINUTES - 7.1.1 Adjourned Regular Meeting of July 13, 1993 - Gen. Plan Pub. Hear. - Approved as submitted. 7.1.2 Regular Meeting of July 20, 1993 Approved as submitted. 7.2 WARRANT REGISTER - Approved Warrant Register dated August 17, 1993 in the amount of $302,761.27. 7.3 TREASURER'S REPORT - Month of June, 1993 - Received and filed. 7.4 PLANNING COMMISSION MINUTES - Regular Meeting of July 12, 1993 - Received and filed. 7.5 BOND FOR STREET IMPROVEMENTS - CONDOMINIUM COMPLEX AT 800 S. GRAND AVE, TRACT NO. 51079 - Exonerated. (C/Werner voted no.) 7.6 BOND FOR LABOR AND MATERIALS - CONDOMINIUM COMPLEX AT 800 S. GRAND AVENUE, TRACT 51079 - in the amount of $50,000 - Exonerated. (C/Werner vote no.) 7.7 BOND REDUCTION FOR GRADING - 13 LOT SUBDIVISION AT DIAMOND KNOLL IN TRACT 47722 - Reduced to $70,000. 7.8 ADOPTED RESOLUTION NO. 93-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1993-94 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE, UNDER PROTEST. 7.9 ADOPTED RESOLUTION NO. 93-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR SLURRY SEAL, AREA 4 IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. It was moved by C/MacBride, seconded by C/Forbing to approve the Consent Calendar as presented. Motion AUGUST 17, 1993 PAGE 10 AYES: COUNCILMEN: Forbing, MacBride, Werner, MPT/Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None C/Werner voted no on items 7.5 and 7.6. 9. NEW BUSINESS: 9.1 AWARD OF CONTRACT FOR CROSSING GUARD SERVICES FOR FY 93-94 - CM/Belanger reported that the City advertised and received bids from two qualified firms to provide services for the 1993-94 school year. He recommended that the City Council award a contract to International Services, Inc. to provide crossing guard services in an amount not to exceed $58,000. It was moved by C/Forbing and seconded by C/MacBride to award a contract to International Services, Inc. to provide crossing guard services in an amount not to exceed $58,000 for the 1993-94 school year. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, MP.T/Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 9.2 RESOLUTION NO. 93-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR JANITORIAL SERVICE FOR THE HERITAGE PARK COMMUNITY CENTER IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - CM/Belanger reported that, with construction of Heritage Park Community Center nearly complete, it is necessary to contract for janitorial services. It was moved by C/Forbing and seconded by C/MacBride to adopt Resolution No. 93-65 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR JANITORIAL SERVICE FOR THE HERITAGE PARK COMMUNITY CENTER IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, MPT/Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AUGUST 17, 1993 PAGE 11 COUNCIL OF THE CITY OF DIAMOND BAR CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON DIAMOND BAR BOULEVARD - CM/Belanger reported that the Public Works Department determined, based on information gathered from So. Calif. Edison and other utility companies, that a district can be formed to underground utility services on Diamond Bar Blvd. from Temple Ave. to Gold Rush Dr. Edison will do the work and pay the contract. The estimated cost of the project is $735,000. C/Werner asked if the underground utility district is an assessment district. CA/Arczynski explained that it is a district for purposes of designating the area in which the undergrounding will occur and the monies that will be expended. Funding will come from Rule 20A monies and will not be subject to assessments. However, any possible ancillary costs, such as replacing street lights, if deemed necessary, will have to be paid for by the City. ICE/Wentz, in response to C/Werner, stated that the City would be liable for costs associated for City panels that might be located at bus stops or traffic signals. Any costs where the property owner would need to convert his meter from an overhead utility to an underground utility would be borne by the property owner. In response to MPT/Papen, he stated that the cost to the property owner depends upon the type of meter that the property owner has on site and the type of equipment selected. The property owners will be notified well in advance in terms of what the costs might be. In response to C/Werner, CM/Belanger stated that staff will investigate ways in which to assist the property owner in the payment of connection fees. It was moved by C/Forbing and seconded by C/MacBride to adopt Resolution No. 93-66 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON DIAMOND BAR BOULEVARD. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, MPT/Papen, M/Miller AUGUST 17, 1993 PAGE 12 NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 10. ANNOUNCEMENTS: C/MacBride announced that an Economic Strategy meeting was scheduled to be held at the D.B. Country Club on September 9, 1993 from 7:00 a.m. to 9:30 a.m. All business leaders were urged to attend and participate. He suggested that there needs to be a policy regarding property owners improving their property up to the interface of the sidewalk, which is City property. 11. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 11:15..p.m.. Ly a Burgess, City Clerk ATTEST: May r