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