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HomeMy WebLinkAbout09/21/1993 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 21, 1993 1. CALL TO ORDER: M/Miller called the meeting to order at 6:02 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Mayor Miller. INVOCATION: The invocation was presented by Reverend Dennis Stueve of Mt. Calvary Lutheran Church. ROLL CALL: Mayor Miller, Mayor Pro Tem Papen, Councilmen MacBride, Forbing and Werner. 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 Development Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 2.1 PRESENTATION OF DONATION BY F.C. INTERNATIONAL - Charlene Goff, F.C. Int'1, presented a donation of $600 for the Peterson Park Adopt -a -Park program to thank the City for providing fields for soccer and for continually improving those fields. 4-10 2.2 PROCLAIMED OCTOBER , 1993 AS "POLLUTION PREVENTION WEEK" - M/Miller read the Proclamation. 2.3 INTRODUCTION OF "CITY ON LINE" - M/Miller stated that a tremendous number of people put forth a lot of effort for the "City online" PC program, designed to enhance the delivery and accessibility of public services while reducing vehicular trips. He read a letter from the South Coast Air Quality Management District extending their support of the City's Online system and commending the City's commitment to improving air quality in the South Coast Air Basin. Paul Glab, representing Governor Wilson, expressed the Governor's support of the City's efforts in this telecommunication project. A representative from Congressman Jay Kim's office congratulated D.B. on its continued commitment to excellence and for providing innovative programs to �the residents. A representative from both Senator Hill's and Assemblyman Horcher's offices presented a City On Line project resolution, congratulating the City's efforts toward a very effective communication system for citizens, vendors and developers. SEPTEMBER 21, 1993 PAGE 2 A representative from Southern California Edison congratulated the City for its outstanding efforts in implementing the City On Line, PC-based tele- communications system, and for its efforts to reduce traffic gridlock and improve air quality while providing a wonderful service to the citi- zens. He presented the City with a check as an incentive for selecting energy efficient computers to operate City Online. Marc Brown, KABC Eyewitness News, stated that City On Line also has the endorsement from the President of the United States, the White House Office of Science and Technology and the Governor's Office, as well as many journalists. City On Line is the most comprehensive system ever devised for commun- icating and interacting directly with City govern- ment. It is a network of personal computers that support some of the computer-related tasks per- formed by City government, such as word processing, electronic spread sheeting, data base management, desk top publishing, computer-generated design, geographical information and document imaging and at no fiscal impact to the City. Mr. Brown recognized Nick Anis, Jim Defriend, and staff member Troy Butzlaff for their involvement in implementing City On Line, which will not only improve communication, but also create a new level of cooperation between the public and the private sector, making government more streamlined and responsive to the citizens. Dr. Jerry Pournell, a Byte Magazine Columnist and author of science fiction and fact, stated that systems such as these bring about the free exchange of ideas and electronically implements the First Amendment, allowing communication with massive amounts of people. Nick Anis stated that the AQMD, the City and a few other sponsoring organizations conducted a study which determined that telecommunications could be used to mitigate traffic. The City Council has given their full support in implementing City On Line. He thanked the following individuals for their efforts in helping to install City On Line: Troy Butzlaff, Assistant to the City Manager; Jim DeFriend; Bob Chamberlain; and 15 other local volunteers. Mr. Anis then presented a slide show -- detailing the capabilities of City On Line. Assemblywoman Bowen, through an audio conference, expressed support for the program and indicated that she has been a supporter of Online programs at both the district and State levels. SEPTEMBER 21, 1993 PAGE 3 M/Miller introduced the individuals and sponsors who participated in helping to install City Online. Dr. Jerry Pournell then introduced the video train- ing tape, produced by Video Graphics for the City Online project, shown to the audience to illustrate the application of uses of a Bulletin Board System. Nick Anis then demonstrated the use of the program. M/Miller expressed appreciation to Mr. Anis and all persons who participated in making On Line a reality for Diamond Bar. Dr. Pournell, noting that the system utilizes Shareware programs such as "ZIP" for the bulletin board, explained that a Shareware program is a computer program written by individuals for use by the public. If it is used, one should send a registration fee to those who wrote it to support those individuals to do more Shareware programs. C/MacBride read a poem prepared especially for D.B. written by Michael Newman from the Paris Review, commending City On Line. M/Miller invited everyone to attend the reception. RECESS: M/Miller recessed the meeting at 7:40 p.m. RECONVENE: M/Miller reconvened the meeting at 8:10 p.m. 3. SCHEDULE OF FUTURE EVENTS: 3.1 PLANNING COMMISSION - September 27, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 3.2 CONTINUED PUBLIC HEARING - SOUTH POINTE MASTER PLAN - September 28, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 3.3 PARKS & RECREATION COMMISSION - September 30, 1993 - 7:00 p.m., Heritage Park Community Center, 2900 Brea Canyon Rd. 3.4 CITY COUNCIL MEETING - October 5, 1993 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7. PUBLIC HEARINGS: 7.1 RESOLUTION NO. 93-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RESCINDING RESOLUTION NO. 93-65 AND 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 - ICE/Wentz reported that the City pro- poses to underground utility lines on Diamond Bar SEPTEMBER 21, 1993 PAGE 4 Blvd. from Temple Ave. to Gold Rush Dr. using available Rule 20A Funds. The Council adopted a Resolution on August 17, 1993 calling for a Public Hearing to be held September 26, 1993. However, to adequately comply with noticing requirements, he recommended that the Council adopt a Resolution establishing October 5, 1993 as the Public Hearing date, rescinding Resolution No. 93-65, and calling for a Public Hearing to determine whether public necessity, health, safety or welfare requires the formation of an underground utility district; and directing the City Clerk to advertise the Public Hearing before the Council meeting of October 5, 1993. MPT/Papen stated that she will not be present at the October 5, 1993 meeting. M/Miller opened the Public Hearing. With no testimony offered, M/Miller closed the Public Hearing. Motion was made by C/Forbing, seconded by C/ Werner to rescind Resolution No. 93-65 and adopt Resolution No. 93-69 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RESCINDING RESOLUTION NO. 93-65 AND 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 - Werner, Forbing, MacBride, MPT/Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 7.2 EXTENSION OF INTERIM ORDINANCE NO. 5A (1992) - adopted on October 6, 1992 and extended on November 17, 1992, was enacted to bring Agricultural Zone land uses into conformance with the 1992 General Plan Agricultural land use classification. Ordinance No. 5-A(1992) is scheduled to expire on October 6, 1993 unless extended by the Council. The conditions that precipitated the need for this urgency ordinance have not changed. He recommended approval of a one-year extension of the Interim A-2, heavy Agricultural Zone regulations, and adopt Ordinance No. 5-B (1992). M/Miller opened the Public Hearing. With no testimony offered, M/Miller closed the SEPTEMBER 21, 1993 PAGE 5 Public Hearing. C/Werner moved, C/MacBride seconded to adopt Ordinance No. 5-B(1992): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE TERM OF AN INTERIM ZONING ORDINANCE, ORDINANCE NO. 5A (1992) PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858 AND MAKING FINDINGS IN SUPPORT THEREOF. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Werner, Forbing, MacBride, MPT/Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 4. PUBLIC COMMENTS: Don Schad asked the City Council to create an environmental committee to advise the Council on resources and to support Cal PAW. Max Maxwell expressed support for City On Line. He then reported that he had witnessed a citizen, who appeared to be riding with a City employee in a City truck, removing a candidate's campaign sign on Diamond Bar Blvd. 5. COUNCIL COMMENTS: MPT/Papen stated that she supports the Ca1PAW Initiative. She then congratulated Ms. Barbara Whitlaw for receiving the Gold Award from the Girl Scouts of America and presented her donation of $100 to the Diamond Ranch High School Booster Club. C/MacBride also contributed $100 to the Diamond Ranch High School Booster Club. He then announced that the Friends of the Library would be meeting September 22, 1993 from 6:00 p.m. to 8:30 p.m. at the library in order to gain public input and participation in the decisions concerning library services. C/Werner, in honor of the Jewish New Year and the new peace agreement in the Middle East, wished well to all those in the Middle East and in Diamond Bar. M/Miller also donated $100 to the Diamond Ranch High School Booster Club. 6. CONSENT CALENDAR: C/MacBride moved, C/Forbing seconded to approve the Consent Calendar as presented. With the following Roll Call vote, motion carried unanimously: AYES: COUNCILMEN - MacBride, Forbing, Werner, MPT/Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 6.1 APPROVAL OF MINUTES - Regular Meeting of August SEPTEMBER 21, 1993 PAGE 6 17, 1993 - Approved as submitted. 6.2 WARRANT REGISTER - Approved Warrant Register dated September 21, 1993 in the amount of $337,844.08. 6.3 ADOPTED RESOLUTION NO. 93-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING LOT LINE ADJUSTMENT NO. LLA -93-002 TO ADJUST THE LOT LINES BETWEEN PARCEL NOS. 6 & 7 OF PARCEL 1528 AND BETWEEN PARCEL NOS. 6 & 8 OF PARCEL 1528, IN DIAMOND BAR. 6.4 AWARDED CONTRACT - WEED ABATEMENT/SIDEWALK AND PARKWAY MAINTENANCE - Landscape West, Inc., the lowest responsive bidder, in the amount of $54,742. 6.5 REJECTED BIDS FOR JANITORIAL SERVICES AT HERITAGE PARK COMMUNITY CENTER and authorized the City Manager to select an alternative method for ob- taining said service that is in the best interest of the City and within the provisions of State and City Codes, to a limit of $12,000 per year. 6.6 AWARDED CONTRACT - 1993-94 SLURRY SEAL IMPROVEMENT PROGRAM, AREA FOUR - in an amount not to exceed $139,433; authorized up to $15,000 for construc- tion inspection to R & W Inspection Services and provided a contingency of $20,000 for the project. 8. OLD BUSINESS: 8.1 STATUS REPORT RE EASEMENTS & RIGHTS OF HOMEOWNERS ON LEYLAND AVE. - ICE/Wentz reported that staff was directed to conduct an evaluation and identify conditions relating to encroachments constructed within the public right-of-way, particularly on Leyland Dr. There are four previously -approved, different tract maps on Leyland Dr. providing for an easement for public improvements as well as other utilities. 44 out of the 69 properties in the area under investigation have some sort of encroachment improvement within that particular unimproved area. He presented slides of the current condition on Leyland Dr. showing walls, walk -ways, stairs, pilasters, etc. constructed by several owners, particularly within the unimproved parkway behind the sidewalk. In regard to the City's liability if those encroachments are in -- place with the City's knowledge, the City Attorney indicated that there is not a significant amount of difference in the City's liability compared to other liabilities that the City could incur, whether it is fee or easement type property. In regard to the feasibility of requiring the home- SEPTEMBER 21, 1993 PAGE 7 owners to provide liability insurance to the City, it was determined that insurance companies will not typically include the City as an additional insured on those types of policies, and the SCJPIA has indicated that there does not appear to be anything the City can do from the City's point of view. There are specific codes that govern how those particular types of improvements are to be handled through the City, and staff will bring a detailed finding as to how to best handle those particular encroachments, for the Council's con- sideration. C/MacBride noted that this complicated situation was inherited from the County. Hopefully, a policy can be achieved that would reflect the City's appreciation of homeowners' efforts to beautify their property and the City, as well as be applicable to other properties with the same or similar situation. ICE/Wentz, in response to MPT/Papen, stated that there is not a need in this area for the City to widen the street. Many of the walls, or other encroachments, were constructed 4 or 5 years ago, several in the past few years, and several have been constructed recently within the last year or two. A full report with staff's recommendation will be brought back to the Council for consid- eration. 8.2 STATUS REPORT FROM SUBCOMMITTEE ON ECONOMIC STRATEGIC PLANNING - C/MacBride distributed a memo to the Council summarizing the Economic Resources Plan and explained that the Plan was to develop an economic resources strategy, with emphasis on business recapture and business retention, util- izing existing studies, and the resources of associations, organizations and educational institutions. Arising out of the two public strategy meetings, one volunteer subcommittee meeting, and a ten day commercial business on-site inventory which encompassed 591 business inter- views, an action plan was developed, proposing that the City select a facilitator to plan and implement the program with the data already available, and for the City to provide a struc- tured environment and funding. The first short- range plan is to fill the vacant stores, which would have a stimulating effect on the basic strategy of the community. The long-range plan should emerge as future meetings occur and additional citizen input is obtained. C/Forbing pointed out that it is important for SEPTEMBER 21, 1993 PAGE 8 cities to help themselves, particularly in these economic times. He recommended that the City retain an indiv-idual to work with local businesses and the Chamber as well as to talk to the community to revitalize Diamond Bar. Gary Neely, 344 Canoecove Dr., displayed a chart showing D.B.'s 1992 taxable sales compared to surrounding cities and illustrating that D.B. residents are only spending 3.5 per cent/resident, the second lowest amount spent in the surrounding communities. The subcommittee's recommendation is crucial for the future of Diamond Bar. Fred Scalzo with the Chamber of Commerce expressed support for the development of an action plan, utilizing the assistance of a professional consultant. Eileen Ansari, 1823 S. Cliffbranch, stated that she was under the impression that there was to be a further study before the subcommittee's recom- mendation. Perhaps the City can utilize the volunteer services of one or some of the retired consultants living in the community. MPT/Papen suggested that the strategic plan first be developed before determining the amount of money that should be spent, rather than developing a program based upon that amount of money set. C/MacBride stated that the results of his survey while canvassing approximately 500 businesses in the City indicated the following major concerns: 1) lease rates; 2) employee affordable housing; 3) identity of centers; 4) signage of individual stores; 5) traffic control and 6) security con- trol. It is the recommendation of the subcom- mittee that an individual be retained to consider these concerns, and utilize existing studies to develop a plan to present to the City Council for consideration, and implement that plan upon the consensus of the Council. The City Council can determine the appropriate amount of funds to be utilized. C/Werner concurred that there is a need to get professional and technical help for this long- range economic development activity. However, concerned that the City may be moving forward on an activity not well defined, he suggested that staff be directed to develop a more definitive recommendation in the form of an RFP as an initial step before selecting a consultant. Perhaps the City should utilize local resources to develop the SEPTEMBER 21, 1993 PAGE 9 strategic plan. C/Forbing pointed out that the recommendation made is or the Council to direct staff to prepare a request for proposals and select a consultant to prepare and implement an economic strategic plan, not to prepare another report. The suggestion for $50,000 is an umbrella amount so staff can prepare the RFP and interview those interested in being a consultant for economic development for this com- munity. There is a need for an individual to work with the Chamber and the business community to fill the stores. C/Forbing moved, C/MacBride seconded to direct staff to develop an RFP and select a consultant to prepare and implement an economic development strategic plan, and transfer $25,000 from the unappropriated fund balance of the economic development activity account for a total of $50,000 for this financial year. C/Werner expressed concern that this type of outreach program will attract high -sales -tax - generator uses that will bring in a lot of traffic and create other types of concerns that the City may not be equipped to handle. The City may also not be equipped to follow through for the people that we're asking to make commitments to the City. M/Miller, noting that the motion is to direct staff to prepare an RFP and select a consultant, inquired what the specific request is for and who would determine the consultant. C/Forbing stated that the City Manager can be granted the authority by the City Council to execute an agree-ment to provide these services. The RFP is the basis of what the consultant will do. MPT/Papen, pointing out that the City Council should determine the criteria for the RFP, suggested that the Council direct staff to prepare an RFP that will outline the scope of work and specific standards to be brought back for the Council's consideration. C/Werner suggested that the subcommittee invite repres4aritatives from shopping centers that have vacana es to attend a meeting to provide input. Perham the City may also receive a commitment from them to share costs, or provide in-kind service with their staff to help the City help them. SEPTEMBER 21, 1993 PAGE 10 C/Forbing pointed out that this has already been done by the subcommittee. The City had been discussing this problem for three years and it is time for some action to be taken. C/MacBride concurred that the simplest, most effective thing that the City can do at this time is to take an action and the simplest direction is to retain someone who would be responsible, as a full time employee, to take steps to fill those vacancies. M/Miller expressed concern with the way staff's proposal had been worded. He suggested that staff be directed to prepare an RFP to go out to bid and that staff bring back a recommendation to the City Council after the City Manager has interviewed those who respond to the RFP. MPT/Papen stated that the RFP should come back to the Council so that there is an agreement on the plan of action, the responsibilities, the measure of account-ablility and how it will be determined that the task has been completed. Following discussion, C/Forbing amended his motion, seconded by C/MacBride, to direct staff to prepare an RFP to be brought back to the City Council for review and bring back a recommendation after the City Manager has interviewed those who responded to the RFP. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN - Forbing, MacBride, Werner, MPT/Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 9. ANNOUNCEMENTS: C/MacBride announced the Friends of the Library meeting scheduled for September 22, 1993, 6:00 - 8:30 p.m. 10. CLOSED SESSION: None held. 11. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at. 9:45 p.m. to October 5, 1993 at 5:00 p.m. for Closed -Session. L A B'JP-Rt6ESS� -Cit,y Clerk ATTEST: Ma