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HomeMy WebLinkAbout07/05/1994 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JULY 5, 1994 1. CALL TO ORDER: Mayor Werner called the meeting to order at 6:01 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 Pro Tem Harmony. ROLL CALL: Council Members Ansari, Papen, Miller, Mayor Pro Tem Harmony and Mayor Werner. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant*City Manager; Michael Montgomery, Interim City Attorney; George Wentz, Interim City Engineer; James DeStefano; Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 2. RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR COMMENCING JULY 1, 1994 AND ENDING JUNE 30, 1995 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND -- CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS OBJECTS AND PURPOSES THEREIN SET FORTH - CM/Belanger presented a chart showing estimated funds available through revenues and other resources for FY 1994-95 as $10,320,000. He stated that the larger categories include State Subventions, 28.8% of the total resources available in FY 94-95 and estimated about $2.457 million; Property Taxes, 26.3%, estimated at $2.7 million. He further advised that L.A. County and the City had settled a lawsuit over the property tax allocation that the City had received when incorporated and explained that a part of the settlement agreement is on a three-year re -payment schedule, the first payment would be $325,000, and in FY 95 and 96, the amount would be $778,000. He further reported that the other large category is Other Taxes at $3,100,000. In the area of Expenditures, the City has a budget proposal in the General Fund that estimates $8.833 million in expenditures for FY 1994-95. He stated the single largest expenditure is for public safety, which includes the law enforcement contract with L.A. County Sheriff, animal control services and emergency preparedness which is 45% of the budget, almost $4 million. He then discussed each Department's expenditures. Oscar Law, 21511 Pathfinder Rd. and Frank Dursa, 2533 Harmony Hill Dr., asked that the parking lot problem and restriping of the parking lot at Heritage Park be added to the 1994-95 budget. Gary Neely, representing the D.B. Caucus, asked for an itemization of what the City is doing to assist the JULY 5, 1994 PAGE 2 businesses in town. He suggested that City Hall facilities be moved to the now vacant space at the AQMD building. C/Ansari advised Mr. Neely that the space had been discussed. Wilbur Smith, 21630 Fairwind Ln., questioned the capabilities of the City Engineering Department in handling the City's problems. CM/Belanger advised that recommendations for handicap parking and re -striping of the Heritage Park parking lot have been recommended to the Traffic & Transportation Commission. M/Werner asked if the budget anticipates costs that might be incurred if the Council were to move ahead with the recommendations. CM/Belanger advised that the budget anticipates the costs for striping and signing these areas. ACM/Usher advised that the City has completed a economical development brochure and in early September will complete a telephone survey designed and intended for the purpose of marketing the City as a good place to work and live. He also stated that in August a television program on the Public Access Channel will announce activities for retaining and keeping business in the City, with a $10,000 proposed for budget for the consulting service. CM/Belanger stated that the City will be evaluating other lease spaces as well as other buildings and land available for purchase for City Hall. MPT/Harmony asked why the City is projecting an increase in revenue of 10% when the City's last quarter reporting went down. CM/Belanger stated that it was a typo and the City is not projecting a 10% increase but suggesting that the budgeted amount for sales tax is going to be approximately the same as the current FY. MPT/Harmony also asked if shuttle buses were purchased. CM/Belanger advised that four vans were purchased from Surplus Peninsula Transport for a total of $8,000 but that they need to be upgraded to accommodate the handicapped. However, the value of upgrades would exceed the value of the vans and it is being discussed that the vans be returned. JULY 5, 1994 PAGE 3 MPT/Harmony questioned if interest was paid on the money owed by the County for property taxes to the City. CM/Belanger advised that the agreement calls for an interest free re -payment. MPT/Harmony also asked how much will be lost on gas tax funds and subventions. CM/Belanger advised that the gas tax loss is about $300,000 in FY 1997-98 and General Fund subvented dollars would be approximately $800,000. MPT/Harmony stated that the City is actually losing the $1.1 million. He questioned how staff will handle the emergency service coordination since the City will be cutting back on professional services for emergency services. CM/Belanger advised that the coordination will work by using a combination of staff and volunteers. He also advised that programs will be coordinated with the Sheriff's Department for neighborhood watch and emergency preparedness response. MPT/Harmony also asked how much money had been spent on development and design for the Country Estates sewer system. CM/Belanger advised that approximately $225,000 has been budgeted for staff and contract engineering services. In response to MPT/Harmony's question as to whether the City would be paid back if no assessment district was formed, CM/Belanger stated no. MPT/Harmony asked for a brief description of transitioning from the L.A. County Public Works Program department to the City of Brea. CM/Belanger advised that the City is in the last year of its contract with the County for public works services. He advised that it is recommended in this year's budget to contract with the City of Brea on a project basis for specific time and materials. In response to C/Miller's question regarding funding in the budget for the Senior Citizen Watch Patrol, CM/Belanger advised that no funds were budgeted. C/Miller stated that the Council should consider adding additional funding for the Sheriff's department to accommodate this issue. C/Papen advised that she visited the Sheriff's Open House JULY 5, 1994 PAGE 4 and spoke with seniors involved in this program. She advised that it would take about $30,000 to get the program together. C/Ansari asked about any special events for public safety. She advised that she wants an itemized list of all special events. CM/Belanger reported that community activities requiring Sheriff services are being discussed and that the paragraph in the June 24, 1994 memo should be included in the budget for consideration. M/Werner recommended that a full-time City Engineer be hired rather than contracting for these services. CM/Belanger advised that economy is the main issue and the expense for a consulting service is $150,000 versus a full-time engineer. An employee would have the interest of improving the City more so than just a contractor. M/Werner suggested that the City bolster its efforts in Code Enforcement and give some assistance in the form of a contractor to be available on an as -needed basis. He also suggested that by taking the fuel tax leakage, vehicle licensing, etc. the City could take a more serious step toward this issue. C/Papen expressed concerns that only $10,000 was recommended for the entire Economic Business Retention Package. She also advised that the issue should not be in the budget under Community Relations and it shows a real low priority. She questioned funding for City -On -Line and where it is in the budget. Following discussion, the Council agreed to continue discussion of the budget to July 19, 1994. RECESS: M/Werner recessed the meeting at 7:15 p.m. RECONVENE: M/Werner reconvened the meeting at 7:26 p.m. 3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 3.1 FILM PRESENTATION OF MIA/POW FLAGS BY TOM ORTIZ - Donated by Brea Memory Gardens and American Legion Post 192. 4. PUBLIC COMMENTS: Red Calkins, 240 Eagle Nest Dr., advised that the City needs to join the City of Walnut in a lawsuit to stop the MRF. Richard Greenberg, 1070 E. Knollcrest, commented on the comments made to Nick Anis by Al Rumpilla and JULY 5, 1994 PAGE 5 MPT/Harmony- Nick Anis, 1125 Bramford Ct., expressed anger regarding the Adolf Hitler comment directed to him by Al Rumpilla. He advised that on June 24, 1994, MPT/Harmony stated that GPAC removed him as a voting member. He also spoke on issues discussed by GPAC. Steven Britt, 24313 Vista Buena Dr., expressed concern regarding issues not being addressed in a timely manner. He stated that the City needs a proposal to appoint a council controller to keep public comments and slandering of council members in check. Anne Flesher, 20647 Larkstone Dr., commented on the traffic issues on Larkstone Dr. to the South Pointe School. She advised that another access road is needed to that school and the school cannot be built with large trucks traveling via Larkstone Dr. Dr. Lawrence Rhodes, P.O. Box 2258, expressed anger that the Humane Society bothered him early in the morning. He also stated that he had an expert out to the South Pointe �- School site and there are endangered species that need to be protected. Richard Callard, 24105 Palomino Dr., advised that GPAC decided not to use reclaimed water in the City; however, he wants to see reclaimed water used. Barbara Beach-Courchesne stated that City -on -Line is not a public forum and should be used for business only. She also stated that she was offended by Mr. Anis' comment. She explained that she made a motion at the GPAC meeting for the City not to use reclaimed water because of the MRF. Frank Dursa asked what happened to the Mission Statement and indicated that City -On -Line should only be used for business. Wilbur Smith, 21630 Fairwind Ln., expressed his feelings regarding City -on -Line being used for business only. He advised that the Mission Statement should be enforced. Jack Gutowski, Kiowa Crest, commented on the East San Gabriel Consortium and the job training partnership and that the City should be a part of a liaison committee. He asked why staff had not recommended that one of the Council Members be appointed to the Board of Directors to the East San Gabriel Consortium. Terry Birrell commented on allegations that people have been improperly excluded from membership of GPAC. She advised that Mr. Anis was excluded because he had JULY 5, 1994 PAGE 6 resigned on March 22, 1994 and had not been to a meeting since. C/Miller advised that Mr. Anis had to resign from GPAC because of personal business. He advised that there was an opening on GPAC and Mr. Anis was asked to come back and that there had been an error in communication. CDD/DeStefano advised that it could not be confirmed that Mr. Anis was reinstated into GPAC; therefore, he could not vote on the issues. He also advised that Mr. Anis was not kicked out and was not asked to leave, he left on his own. 5. COUNCIL COMMENTS: C/Papen announced that the "Friends of the Library" book sale will be July 16, 1994 at the D.B. Library from 10:00 a.m. to 3:00 P.M. She also announced that registration at Mt. Sac begins July 13, 1994 and school begins August 15, 1994. Further, on June 30, 1994, MTA public transportation contracts expired. If contracts are not negotiated, there will be a strike and Rt. 490, the bus line from D.B. to the Brea Mall through Cal State Fullerton into the El Monte busway _ will be affected. She advised that Foothill Transit and Metrolink will not be affected and to call 1 -800 -COMMUTE for additional information. She stated that, at the GPAC meetings, only 13 people are attending and issues are being voted on with less than 50% of the members. She asked staff for votes on any issues where there have been less than 50% of the members. C/Miller commented on phone calls that he has received regarding the completion date for Diamond Ranch High School. He also commended the people who attended the MRF meeting. C/Ansari advised that the MRF meeting was very confusing and thanked people for their support. She announced that a farmer's market is being considered for the City. She also expressed concern about the vicious comments on City -on -Line and felt there should be guidelines for use. MPT/Harmony commented on the way the City -on -Line has been trashed by the horrible comments made and the "kill" button ability for opponents of free speech. He also mentioned that at the MRF meeting, none of the City of Industry Council Members took notes during the Public Hearing. He announced that the Finance Committee Public meeting will be held on July 6, 1994 at 2:00 p.m. He also announced that there is a 20% Metrolink discount available and a 50% discount for seniors. C/Papen stated that the discount is available for all public transportation. JULY 5, 1994 PAGE 7 M/Werner supported comments made regarding the MRF and City -on -Line. 6. SCHEDULE OF FUTURE EVENTS: 6.1 Concert in the Park - July 6, 1994 - 6:30-8:00 p.m., "Cadillac Blue" - Country Western - Sycamore Canyon Park, 22930 Golden Springs Rd. 6.2 Planning Commission - General Plan Public Hearing - July 11, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley 6.3 Multi -cultural Committee - July 11, 1994 - 7:00 p.m., AQMD Room CC -2, 21865 E. Copley Dr. 6.4 Material Recovery Facility Committee (MRF) - July 12, 1994 - 7:00 p.m., AQMD CC -6, 21865 E. Copley Dr. 6.5 Concert in the Park - July 13, 1994 - 6:30 - 8:00 p.m., "Mid West Coast Band" - Top 40 Contemporary - Sycamore Canyon Park, 22930 Golden Springs Dr. 6.6 Traffic & Transportation Commission - July 14, 1994 - 6:30 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6.7 City Council Meeting - July 19, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7. CONSENT CALENDAR: C/Papen moved, and C/Ansari seconded to approve the Consent Calendar with the removal of Item 7.11. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - 7.1 APPROVED MINUTES: C/Ansari, Papen, Miller, MPT/Harmony, M/Werner None None 7.1.1 Regular meeting of May 17, 1994 - As submitted 7.1.2 Special Meeting of May 26, 1994 - As submitted 7.1.3 Adjourned Regular Meeting of May 31, 1994 - As submitted 7.1.4 Adjourned Regular Meeting of June 1, 1994 - As submitted 7.1.5 Adjourned Regular Meeting of June 3, 1994 - As submitted 7.1.6 Adjourned Regular Meeting of June 6, 1994 - As submitted 7.2 APPROVED VOUCHER REGISTERS DATED JULY 5, 1994 IN THE AMOUNT OF $449,974.72 FOR FY 93-94 AND FY 94-95. JULY 5, 1994 PAGE 8 7.3 RECEIVED & FILED TREASURER'S REPORT FOR THE MONTH OF MAY, 1994. 7.4 RELEASED GRADING CASH BOND NO. 143204 POSTED FOR 2476 INDIAN CREEK, in "The Country" in the amount of $13,383.65. 7.5 APPROVED AGREEMENT WITH THE EAST SAN GABRIEL VALLEY CONSORTIUM RELATING TO EFFECTIVE UTILIZATION OF FEDERAL FUNDS PURSUANT TO THE JOBS TRAINING PARTNERSHIP ACT OF 1982, authorized the Mayor to execute the Agreement and appointed C/Miller as the City's representative. 7.6 ADOPTED RESOLUTION NO. 94-32: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR SLURRY SEAL, AREA 5 IN THE CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 7.7 ADOPTED RESOLUTION NO. 94-33: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR GOLDEN SPRINGS DRIVE LANDSCAPE MEDIANS FROM THE WESTERLY CITY LIMIT TO LEMON AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 7.8 APPROVED AMENDMENT NUMBER THREE TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITIES OF ARCADIA, AZUSA, BALDWIN PARK, BRADBURY, CLAREMONT, COVINA, DIAMOND BAR, DUARTE, EL MONTE, GLENDORA, INDUSTRY, IRWINDALE, LA VERNE, MONROVIA, POMONA, SAN DIMAS, SOUTH EL MONTE, TEMPLE CITY, WALNUT AND WEST COVINA TO CLARIFY THE BORROWING POWER AND PROCEDURES OF THE FOOTHILL TRANSIT ZONE. 7.9 ADOPTED RESOLUTION NO. 94-34: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE 1993-94 USED OIL CURBSIDE COLLECTION PROMOTION GRANT PROGRAM. 7.10 AWARDED CONTRACT FOR CITY-WIDE STREET TREE MAINTENANCE - to West Coast Arborists, Inc., the lowest responsive bidder, in the amount of $37,400 plus an additional amount not to exceed $7,600 to provide for additional work as necessary to resolve potential health and safety issues. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Papen, Miller, Ansari, MPT/Harmony and M/Werner JULY 5, 1994 PAGE 9 NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None MATTERS WITHDRAWN FROM CONSENT CALENDAR: 7.11 AWARD OF CONTRACT FOR AUDITING SERVICES - ACM/Usher reported that Thomas, Bigbie & Smith prepared the annual audits for the City for FYs 1990-93 and recommended they be awarded the contract for the audit for FY 1993-94 because staff will be reduced due to maternity leaves. C/Harmony stated that he reviewed the accounting firm and their management letters which reveal that there are certain deficiencies in procedures. He advised that this firm made no recommendations during last year's audit. He commented on the lack of sufficient internal controls and suggested that another auditing firm be considered. C/Ansari stated that she would like the audits for the past four years so that the Council can look them over and make a decision at the next meeting. M/Werner suggested that the City Manager select someone else for the audit. C/Ansari stated that there are questions regarding the audits for the last four years and they need to be looked into. CM/Belanger advised that because of leaves of absences, the City needs to stay with this firm for one more year since they have the knowledge of the City and its procedures. C/Miller moved, C/Ansari seconded to approve a contract with Thomas, Bigbie & Smith for auditing services for FY 1993-94 for the last and final year with reservations and directing that the Finance Committee's concerns be transmitted to the auditor. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, M/Werner NOES: COUNCIL MEMBERS - Papen, MPT/Harmony ABSENT: COUNCIL MEMBERS - None 8. PUBLIC HEARINGS: None 9. OLD BUSINESS: 9.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8; AND OAK TREE PERMIT NO. 92-8; JULY 5, 1994 PAGE 10 VESTING TENTATIVE TRACT MAP 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO. 92-9; THE SOUTH POINTE MASTER PLAN - Due to a potential conflict of interest, C/Miller removed himself from the meeting. CDD/DeStefano reported that correspondence had been received from Mr. Patel, TTM 51253, supporting the Planning Commission's recommended 21 -lot map and related applications. He further reported that a letter had been received from Mr. Dabney requesting a continuance for the RNP project, TTM 51407 until the next meeting. Staff has outlined requirements for the environmental findings including a Statement of Overriding Considerations and adoption of a Mitigation and Monitoring Plan, as well as findings regarding the General Plan, abandonment of open space easements, approval of a subdivision map, conditional use permit findings for the hillside development, oak tree removal findings for that application and findings of the County Code for approval of the Development Agreement. M/Werner clarified that Map A is VTM 51407, VTM 32400 and VTM 51253 was recommended for approval by the Planning Commission. He advised that staff reports that Map B, Alternative 1, refers to the RnP map and that Alternative 2 is the Arciero tract map. Mr. Arciero advised that he had met with CDD/DeStefano and the Pathfinder Homeowners' Assn. to discuss their concerns. The consensus of the homeowners indicated that they did not want any development on the RnP property but that Arciero would be allowed to develop the entire prop-erty, even if it meant filling in the canyon on the Arciero property. He stated that the homeowners suggested another alternative showing a buffer of 500' between the Homeowners' Assn. property and the new development on RnP and Arciero property. He further indicated that this alternative would not work because of gas lines. C/Papen moved, M/Werner seconded to approve Vesting Tentative Map No. 32400. M/Werner asked whether that Tract Map was the same as Alternative No. 2 as listed in the staff report and C/Papen answered that Alternative No. 2 was the 1991 map that didn't work. It is the same land but a new design. JULY 5, 1994 PAGE 11 In response to M/Werner, Mr. Arciero stated that VTM 32400 was the top priority map from Arciero & Sons. Following discussion, M/Werner withdrew his second of the motion made by C/Papen due to significant environmental impact concerns. C/Papen stated that the City cannot save the whole 171 acres without buying it and pointed out the Council promised the School District and the people in this community a decision by May 31st. She further stated that the Council either approves the development on the Arciero property or approve the development on the RNP property. She reminded everyone that she had made a motion two weeks before to approve Arciero's project and deny development rights on the RNP property because that's what she understood the residents wanted. She expressed concern about meetings between C/Ansari, Mr. Arciero and staff as well as a Planning Commissioner who has disqualified himself because of a conflict of interest. The law allows -- a person who is conflicted to get up in a public meeting and testify, but it does not allow somebody who has a conflict of interest to lobby Council Members and staff and the property owners on the project --and that's what's been happening. In addition, the Interim City Attorney decided, after he got the Interim job, that the City has open space easements that don't exist in public records, nor do they show up in a title report. The staff report states that "the land's been left open and there have been some development prohibitions or restrictions upon the property, although these properties have been retained as open space." The Interim City Attorney has determined that these restrictions constitute an open space easement that the Council must remove, although originally, there were map restrictions saying no houses could be built. She stated that she felt this is an aberration of good public policy and the law and expressed deep concern that a Planning Commissioner who has a declared conflict of interest has lobbied Council Members, property owners and staff in violation of State law. M/Werner explained that the motion made by C/Papen fills the canyon and covers the blueline stream. He suggested that Alternative No. 1 provides significantly less impact, immediate grading for the school, secondary access to the school and the most logical and sensible alternative available. He moved to approve Alternative 1 with full environmental requirements placed upon the road through that canyon. JULY 5, 1994 PAGE 12 C/Papen seconded the motion. Motion failed 2 to 2 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Papen, M/Werner NOES: COUNCIL MEMBERS: Ansari, MPT/Harmony ABSENT: COUNCIL MEMBERS: Miller MPT/Harmony pointed out that the Planning Commissioner referred to by C/Papen is also on the Board of Directors for the Pathfinder Homeowners' Assn. Therefore, the Commissioner had the right to speak on the issue and to be present during the meetings. In regard to the Map, he stated that he did not particularly like either of Mr. Arciero's projects. The final proposal seems to solve traffic patterns, environmental issues and may be amenable, as a community project. C/Ansari reported that as of May 31st, she became concerned about possible lawsuits that would hold up development of the South Pointe Middle School and wanted to meet with the Homeowners' Assn and Mr. Arciero. The developer had concerns about open space and she was concerned about map restricted property. Mr. Arciero had five suggestions and Mr. Dabney did two proposals, one of which has concerned her because the grading was off on the road. The Pathfinder Homeowners' Assn. agreed that they wanted the South Pointe School to be built and felt that Arciero had building rights in the area; further, they wanted a 500' buffer zone. They wanted the canyon deeded to the City dedicated in lieu of open space. They didn't want the blueline stream or the trees near the School District touched. She explained that she was not against a modification if the City had good controls that this land would not be deeded to the City and then turned over and used for building in the near future, or future Council Members who are elected that will change the map -dedicated open space. She also indicated that the road could be an access road only and not a through road. C/Papen questioned how this could be done because there wouldn't be any way for persons in the Sasak homes to reach Brea Canyon Rd. if the road is only an access road to the school and why build houses in D.B. when they would have no access to the City. M/Werner answered that Sasak is proposing to take access from Morning Sun, not through access. Look at the impact that would be caused by extending the road to that last parcel in the City. C/Papen stated that if anything were to be deeded JULY 5, 1994 PAGE 13 to anyone, the Pathfinder Homeowners' Assn. should deed their property to the City's open space. The City cannot take someone else's private property and give it to another private concern, without compensation to the property owner. The proposal to take the whole length of their property, a 500' buffer, and give it to another group of people without compensation is highway robbery. She asked whether this matter had ever been discussed with RnP reps. Mr. Arciero replied that back in May or June, he was in San Diego on business and then in Mexico for some importation business with his wine. On Saturday, he was involved in a race. With regard to the meeting with the Pathfinder Homeowners' Assn., the only concern they expressed was that they wanted no development on that piece of property. They were explicit, very explicit. One or two days later, he was requested by CDD/DeStefano to consider the possibility of a 500' buffer and doing some development on his property and his response was that the way it is designed requires him to build on the gas line. He expressed concern over the request to cut down the development from 12 acres to 9 acres to stay farther out of the streambed and generate an area to build houses with about 80 lots on the RNP pieces with the buffer. He didn't feel that the 500' buffer made sense on the road patterns. If that 500' could be 4001, then it would be the same as Alternate No. 1. He felt that the City was asking him to give up his rights, forsake his tentative map and then give approval afterward, which would prevent him from having any rights. In response to M/Werner's question regarding which alternative best preserves the blueline stream, CM/Belanger explained that Alternative No. 1 preserves the greatest amount of the canyon (the north and south orientation), and focuses the grading and development activities into the smallest possible area, that is the southwestern quadrant of that particular piece of property. Arguably, the fewest number of acres and, finally, the greatest potential for affecting the School District's plans --the greatest immediacy. So it accomplishes all of those things. But the blueline basically is left alone except where you cross the blueline in order to provide access to that subdivision. M/Werner asked Mr. Arciero if there could be a line denoting the maximum extent of grading line to Alternative 1 for the tentative approval. He JULY 5, 1994 PAGE 14 explained that the concept behind it is that if the Council approves the plan that Mr. Belanger suggests as having the greatest level of sensitivity to the environment and draw a maximum line around it indicating that the line will not be crossed for grading, and at the point when more detailed engineering plans are available, it is found that Mr. Arciero may have to cross the line and it will impact more trees, Mr. Arciero could come back and remedy the situation with additional plantings, etc. Mr. Arciero answered that anything is feasible. MPT/Harmony stated that the Council already voted on the access road, it's been demonstrated that there are 8 acres of active slide and if it can't be shear keyed adequately, the slide will continuously have to be removed and another 5 acres will be needed as well. He stated that, in his opinion, that whole portion of the canyon would be destroyed. M/Werner explained that if the Council approves — construction of a road across a landslide and will require more remediation than the developer has stated, and if the property slides, the trees and vegetation will also slide. MPT/Harmony pointed out that M/Werner was talking about an active slide. He expressed concern that the engineering wasn't there. He further pointed out that houses can be built over gas lines such as in the Piermarini project and that there are channels between the houses for gas lines and streets constructed over gas lines. Piermarini even relocated the gas line so he could build in and around and re -grade the whole area. Regarding giving land to the Pathfinder Homeowners' Assn., they have vested rights on the RNP properties. They have open space rights that were guaranteed to them by the County and these are reparations for taking away their rights in being able to build on this property --the developers have to come up with something to compensate them for that. He explained that he looked at the new alternative as one which allows secondary access to the school property, there is no road across the canyon at any point and holds the Arciero development to two locations: one, that 500 foot strip away from the' Homeowners' Assn. near the school so that they can immediately grade their dirt to that property and help set up the homes which will tie into the Patel properties, the Sasak properties and allow access in that direction. The Arciero property also can JULY 5, 1994 PAGE 15 be developed but east of the blue line stream. He stated that it's a very carefully thought out plan which has some possibilities. Terry Birrell stated that a number of people have spoken about what the Pathfinder Homeowners' Assn. wants and what they're saying. She requested that a representative from the Assn. be allowed to speak about both meetings. C/Ansari stated that she recognized that Mr. Arciero has building rights but she has concerns because there are areas of his property that he has development on, there are certain clumps of trees that are near the South Pointe middle school, there's an area that's fronting near the blueline stream. C/Ansari moved, C/Papen seconded to allow Mr. Arciero to build on his property and try to protect the clump of trees close to the school property. M/Werner inquired whether the motion would be a solution to the School District problem. MPT/Harmony stated that he would like the City Attorney to indicate whether he has vesting rights and whether the Council needs to approve the project. Dr. Hockwalt stated that he understood the motion, but since he hadn't been involved in any of the discussions, he wasn't really sure what the council's intent was. M/Werner explained that the motion is to approve Vesting Tract Map 32400 which is on the Arciero property and would allow for grading of the school property. He then asked if this would allow the School District to proceed? Dr. Hockwalt replied that he felt the solution would not meet the District's needs because of the time involved in accomplishing that. C/Papen stated that her preference would be to approve Alternative No. 1 with some kind of contingency that if it's not done within a certain number of days, VTM 32400 is approved or if — Alternative No. 1 is approved with an increased buffer of 250' from the Homeowners' Assn. property, the City could allow construction on the 9 acres on what would be tract 92-32400 and maybe 80 houses on RNP 's property. The road could go as proposed where it would only, even with the landslide, require moving 65,000 cubic yards of dirt, not JULY 5, 1994 PAGE 16 500,000 cubic yards. M/Werner proposed having a 250' buffer rather than a 500' buffer and planting a heavier buffer of trees to match the natural trees in the canyon and create a similar visual effect. If the homeowners look down and see nothing but a wall of trees, that should create the same visual benefit as a 300' or 400' or 500' buffer. In response to M/Werner, Barbara Beach-Courchesne stated the president of the Homeowners' Assn. is Norman Beach-Courchesne but the Board had appointed her as spokesperson. She explained that the Homeowners all agree that the South Pointe Middle School must be built as soon as possible and to do whatever can be done, within reason, to make that happen. The Assn. suggested leaving the map restrictions /on the RNP property as the Assn. does not want this property. The Assn. further asked Mr. Arciero if he could build on his property and still protect the blueline stream and the oaks on the western side, which are the heritage oaks that people wanted to preserve. MPT/Harmony indicated that he felt that the County Regional Planning Commission was very clear on having set aside the RnP property as open space. M/Werner asked staff if there are significant impacts on the environment with this alternative and if so, can there be overriding considerations placed into written form for the record. CDD/DeStefano advised that direction to staff to prepare a Resolution of approval would require staff to work with environmental and legal consultant to come back with a statement of overriding considerations, the mitigation monitoring plan and all conditions to support Council's action. M/Werner announced that the motion passed 3 to 1 with MPT/Harmony voting no. At the written request of the developer, discussion of the RnP property was continued to August 2, 1994. Regarding the request of Mr. Patel for Council approval of his project right away, C/Ansari stated that the Council had not had sufficient opportunity to study the maps. C/Papen requested that the maps show Mr. Patel's JULY 5, 1994 PAGE 17 three unconnected properties as being connected in some fashion. She expressed concern over subdividing lots and allowing seven homes to be built on each when none of them would have direct access to the City of D.B. Following discussion, it was agreed that discussion of Mr. Patel's project would be continued to August 16, 1994 and discussion of the RnP project would be continued to August 2, 1994. 9.2 SECOND READING ORDINANCE NO. 02A(1990): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 02(1990) ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS - C/Miller returned to the meeting. CM/Belanger reported that the Ordinance shows the final changes made by Council including a correction to the fire extinguisher requirement from 5 to 20 lbs. MPT/Harmony moved to amend the ordinance. Motion died for lack of a second. Frank Dursa expressed concern that Western Waste is trying to hold the City hostage in telling the City that they are not making any money. Asst. to CM/Butzlaff advised that waste haulers were concerned about language in the agreement requiring annual audits and the costs of the audits. C/Papen moved, C/Miller seconded to approve for second reading by title only and adopt Ordinance No. 02A (1990) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINAP:CE NO. 02(1990) ADOPTING REQUIREMENTS AND STANDKRDS RELATING TO THE COLLECTION, RECYCLING TR NSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS. With the followir4 Roll Call vote, motion carried: AYES: -COUNCIL MEMBERS - Miller, Ansari, Papen, MPT/Harmony, and M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.3 RENEWAL OF LEASE FOR OFFICE SPACE FOR ONE YEAR - SUITES 100 & 190 - CM/Belanger advised that the City needs to continue the lease agreement at the same terms that the City has with Zelman JULY 5, 1994 PAGE 18 Development Company. He advised that the total amount of the lease including common area maintenance would be approximately $158,106. C/Papen expressed concern that the City could not be ready to move out when this year's lease is up and stated that it would be cheaper to go with a longer lease. CM/Belanger advised that the rationale of the one-year term had no termination clause. Staff suggested a one-year lease so that if the Council determines that there will not be a move, it will be easier to extend the lease period into another lease term than get out of the lease. C/Papen moved, MPT/Harmony seconded to approve renewal of the lease with Zelman Development Company for office space for one year for Suites 100 & 190. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/Harmony and M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 10. ANNOUNCEMENTS: C/Ansari announced a book sale to be held at the D.B. Branch Library on July 16, 1994 from 10:00 a.m. to 3:00 p.m. 11. CLOSED SESSION: May convene to consider: Matters of pending Litigation (G.C. 54956.9), Personnel (G.C. 54957.6), or purchase/sale of real property (G.C. 54956.8) - None held. 12. ADJOURNMENT: With no further business to conduct, M/Werner adjourned the meeting at 12:00 a.m. to July 19, 1994 at 6:00 p.m. AQMD Auditorium. C;���- 166�Aj� LYNDA BURGESS, -City Clerk ATTEST: