HomeMy WebLinkAbout04/19/1994 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITYOFDIAMOND BAR
APRIL -19, 1994
1. CALL TO ORDER; M/Werner called the meeting to
order at 7:07 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 Werner.
ROLL CALL: Mayor Werner, Mayor Pro Tem
Harmony, Council Members Ansari and Miller. C/Papen
arrived at 7:30 p.m.
Also present were Terrence L. Belanger, City Manager;
Frank Usher, Assistant City Manager; Michael Montgomery,
Interim 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 PROCLAIMED MAY 1-7, 1994 AS "HIRE A VETERAN WEEK."
2.2 PROCLAIMED APRIL 17-23, 1994 AS "NATIONAL LIBRARY
WEEK . 10
3. PUBLIC COMMENTS: Curtis Postel, 531 N. Deep Hill
S Rd., member of the MRF Committee, presented an update on
the current situation regarding the City of Industry's
proposed Materials Recovery Facility..
Oscar Law, Pathfinder Rd., requested clarification as to
whether or not Arciero & Sons were ordered by'the court
to donate park land to the City as a result of cutting
down oak trees in Sandstone Canyon last year.
M/Werner requested staff to provide a response to Mr.
Law's inquiry at the May 2, 1994 Public Hearing.
Red Calkins, 240 Eagle Nest Dr., suggested that the newly
elected Council members resign because the political
situation in the City has not improved as promised.
M/Werner stated that he has attempted to be as fair as
possible to everyone concerned.
Wilbur Smith, 21630 Fairwind Ln., expressed concern that
the Council is being asked to overturn their decision to
rescind the voting rights of the developers on GPAC, even
though the majority of GPAC feel only citizens should
participate in the review and decision making process of
Tm' the General Plan.
Don Gravdahl inquired if City On-line, to reduce trips to
City Hall because it can be utilized in the registration
of recreation programs and obtaining building permits,
qualifies the City to receive monies from the AQMD.
APRIL 19, 1994 PAGE,2
CM/Belanger stated that the City utilizes funds from
AB2766, which, provides monies to communities to reduce
the generation
of adverse air quality through reduction of vehicular
trips, to fund the activities related to City on-line in
an effort to affect,trip-reductions, as required under
Regulation 15 administered by the. AQMD. He explained
that the Warrant Register includesa payment to the
purveyor of the software to customize and install
software to be used for registration of recreation
programs, which will be paid for by revenues from AB2766.
Don Gravdahl inquired if AB2766 could be used toward
expanding theirideshare program by utilizing the City
on-line bulletin board.
CM/Belanger stated that any viable program involving
telecommuting would be,`eligible for AB2766 monies.
Nick Anis, speaking on the telephone from Denver,
Colorado, concerned about miscommunications regarding
City on-line, made the 'following statements. there are
252 :registered users 'and 500 anonymous users of City
On-line; there have been 8,9'69 phonecalls made to City,
on-line; there have been 8;904 messages posted on City
on-line on a variety :of, topics; City On-line office
automation expenses account for $16,598, of which
$6,084.19 was spent on hardware and software for the
purpose of improving the City's information network; no
general fund monies have 'been used on this system; and
City on-line has been fully operational -for the last 3
months
Barbara Beach-Courchesne, referring to an item on the
Warrant Register approved at the last meeting for $488.22
used to copy recall petitions; Iquestioned the reason for
copying the recall petitions,' and if the hired security
guard accompanied the 'individual who copied the recall
petitions. She then inquired how it can be assured the
hired security guard will honor the confidentiality ,of
those who signed the petitions. 'Continuing to refer to
last meeting's approved,Warrant Register, she inquired
what the $4,000 expenditure for recall petitions was for.
she expressed concern that allowing 'Mr. `Anis to communi-
cate by phone set a precedent forfuture use by those
personally unable to attend Council meetings.
M/Werner, acknowledging that the procedure was unique,
stated that he does'not 'object to the city further
outreaching to the community to those' unable to attend
meetings. He explained, that 'Mr. Anis, who was very
instrumental in developing City on-line, knowing that he
would be out of townexpressed a desire to have an
opportunity to respond to many of the concerns raised
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APRIL 19, 1994 PAGE,3
regarding the system.
CM/Belanger, responding to the inquiries made by Mrs.
Beach-Courchesne, explained that he authorized the
photocopying of the recall petitions to provide a measure
of security to verify that the petitions returned from
the L.A. County Registrar of Voters were the same as what
was sent to them. He further explained that City Clerk
Burgess was present the entire time the petitions were
being copied, which were copied face down to maintain the
confidentiality of the signatures. He stated that the
firm who made the copies have indicated their willingness
toprovideaffidavits as to what they did not see in
relationship to the petitions
M/Werner requested staff to secure those affidavits to
clear'the issue.
Michael Lowe pointed out that approximately $800,000 in
volunteer time and money was donated toward developing
City On-line. He expressed concern that the General Plan
was not brought to the ballot as was promised during the
campaign for City Council, He also expressed concern
that there have been no reports made by the -committees of
the City Councilasnow required by the Brown Act. He
questioned why Councilmembers Papen and Miller have been
relegated to only five or six of the approximate 30
committees of the'Cty Council.
C/Papen stressed the importance of having participation
of different view points of the City Council equally on
the Council committees.
C/Miller stated that the City Council cannot accomplish
City business unless the Council works toward being and
acting responsible, as indicated in the Mission
Statement.
M/Werner requested staff to include signature lines for
each Council Member at the bottom of the Mission
Statement to signify each Member's endorsement of the
Mission Statement and best effort to comply with it.
Max Maxwell inquired if a guard was hired for the
counting of the referendum signatures.
CM/Belanger stated that a guard was not hired for the
referendum signatures, but copies of the referendum
signatures were made by staff in City Mall and maintained
in the City Clerk's custody.
Dr. Rhodes noted that Mrs. Beach-Courchesne's inquiry
regarding a $4,000 expenditure approved on last meeting's
Warrant Register was not answered by staff.
APRIL 19, 1994 PAGE 4
CM/Belanger stated that staff will investigate the item
and report back to the Council at the next meeting.
Frank Dursa, 2533 Harmony Hill Dr., stated that the
Council set a precedentallowing individuals to call and
make comments if they are unable to attend a -meeting.
4. COUNCIL COMMENTS: C/Papers stated that the City's
5th Anniversary Event was successful. She announced that
the YMCA would have` a Walk -for -a -World -of -Reasons
walk-a-thon on April 23, 1994 at 12:00 noon and
challenged all Councilmembers.to participate. She also
announced a library" book sale on' April 23, 1994 which
would continue until 4:00 p.mshe reported that funding
for paratransit for 1994/95 will ,be discussed at the next
Metropolitan :Transportation Authority committee meeting,
which includes consideration of approximately $40,000 for
Diamond Bar's paratransit program, She then expressed
support for City on-line.
C/Miller read a letter, dated April 12 1994 from the
Fair Political Practices Commission (FPPC) indicating
that the Enforcement Division determined to close the
matter, without enforcement action, regarding a complaint
made that conflict of interest, prohibitions were violated
when he voted on the South Pointe Master Plan.
C/Ansari urged the public to contact 'Sen. Hi -ll supporting
the benefit assessment tax district bill to help support
the funding of libraries; She', commended staff on the
success of the City's' 5th Anniversary Celebration, as
well as organizing the emergency preparedness unit.. She
then requested the ad hoc committee'.'to develop a set of
courtesy rules for people using City On -linea
MPT/Harmony commented :on the success of sidewalk City
Hall and the many people who have participated in the
process. He stated that he. is not against City On-line,
but rather is concerned with spending more money on a
system until it can be proven and membership can be
increased. He stated'that; ,even though monies are
received through a grants there:'-is'competition for those
same dollars by other programs such as crossing guards,
library funds, police,etc.: He.then announced that there
is a need for host families for Japanese Junior College
women who will attend classes at Pitzer College in
Claremont May 18, 1994 through July 23, 1994. Those
interested should 'contact ,Phyllis Soto at 861-9594. He
suggested that the Council.'direct the City Attorney to
prepare a letter to the developer -who remodeled the home
of Ms. Barbara Thompson, who spoke in the last meeting,
requesting the problem becorrected or the matter will be
turned over to the District Attorney's office.
M/Werner reported that the meeting organized by the
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APRIL 19, 1994 PAGE 5.,
Citizens Against Crime, formed in response to a recent
assault on a D.B. family, was veryinformative. He
reported that he attended the follow-up meeting at Ronald
Reagan Park that was led by Assemblyman Horcher and
attended by the Sheriff's Department, to answer questions
of the neighborhood. He suggested that staff investigate
the feasibility of establishing a citizen's patrol, as
was suggested at the meeting. He then asked support from
the Council on an item overlooked on the last meeting's
agenda--to have staff authorize an expenditure of less
than $10,000 for supplemental and environmental work
necessary to answer questions and issues surrounding the
South Pointe project.
C/Papers, opposed to the expenditure, pointed out that the
requested analysis had already been done as part of the
EIR prepared for and discussed by the City Council. She
stated that it is not appropriate to request to have
reports re-done because they were completed during a
previous Council administration'.
MPT/Harmony and M/Werner stated that they did not object
to having the report done:
C/Ansari noted that the report is to address the
continuation of the animal and lildlife corridor.
M/Werner pointed out that there were some technical
issues raised during the public hearing proceedings at
the Planning Commission that could be further addressed,
and issues raised as a result of development options that
were not adequately addressed in the EIR.
C/Papen pointed out that a 4/5 vote is needed to take an
emergency action to place the issue on the agenda for
discussion.
ICA/Montgomery stated that brief comments are allowed on
an item not on the agenda as long as an action is not
taken. He confirmed that a 4/5 vote of the City Council
is needed to place the item on the agenda for action.
M/Werner indicated that he was not seeking a vote of the
City Council on this matter.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION - April 25, 1994 - 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
5.2 GENERAL PLAN ADVISORY COMMITTEE - April 26, 1994 -
7:00 p.m., Heritage Park Commun. Cntr, 2900 S.
Brea Canyon Rd.
5.3 PARKS & RECREATION COMMISSION - April 28, 1994 -
7:00 p.m., Heritage Park Commun. Cntr., 2900 S.
Brea Canyon Rd.
APRIL 19, 1994 PAGE'6
6.
5.4 CITY COUNCIL/ PLANNING COMMISSION MEETING - May 2,
1994 - AQMD Auditorium, 21865 E. Copley Dr. Re:
South Pointe Master Plan
5.5 CITY COUNCIL 'MEETING .- May 3, 1994 - 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr. -
CONSENT CALENDAR: C/Ansari requested that minutes
of the regular meeting of'March ,23i 1994 be amended on
page 13 to include.ian additional statement to read, "She
also stated that she and MPT/Harmony were not present
during the lawsuit, % but I were present during the months it
.was settled, and the newly elected Councilmembers, decided
it would be in the best interest of the City to settle
the law suit."
C/Miller requested Item 6.2, Voucher Register, be pulled
from the Consent Calendar.
C/Miller moved, MPT/Harmony, seconded to approve the
Consent Calendar amending the Minutes of March 23, 1994
and removing 6.2, Voucher Register. With the following
Roll Call vote, motioncarried:
AYES: COUNCIL MEMBERS Miller, Papen, Ansari, MPT/
Harmony, M/Werner
NOES: COUNCIL MEMBERS None'
ABSENT: COUNCIL MEMBERS None
6.1 APPROVED MINUTES; Adjourned Regular Meeting of
.March 23, 1994, as amended.'
6.3 REJECTED CLAIMS FOR DAMAGES:
6.3.1 FILED BY, STATE FARM INSURANCE ON MARCH
31,, 1994.
6.3.2 FILED BY OAK TREE LANES INC/OAK TREE FUND
ONE ON,.MARCH 24, 1994.
Rejected the requests and referred the
matters - for further action to the City
Attorney.
6.4 APPROVED NOTICE OF. COMPLETION - GOLDEN SPRINGS
DRIVE CONSTRUCTION
,/REHABILITATION PROJECT BETWEEN
BREA CANYON ROAD AND GRAND AVENUE.
6.5 APPROVED NOTICE OF COMPLETION - IRRIGATION
MATERIALS AND TREES AT, GRAND: AVENUE AND ROUTE 60
FREEWAY PROVIDED 'BYMARINACONTRACTORS, INC.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.2 APPROVED VOUCHER REGISTER DATED APRIL 19, 1994 -
C/Miller requested clarification as to why the
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APRIL 19, 1994 PAGE %
Voucher Register item was initialed indicating an
L objection.
MPT/Harmony stated that he initialed the Voucher
Register objecting only to the $1,900 expenditure
for the City On -Line program, but not for the
Voucher Register in its entirety.
CM/Belanger explained that the $1,900 expenditure,
which is 50% Tess than what the firm normally
charges, is topayfor installation of software
provided in preparation for recreation
registration'.
C/Miller, referring to another item on the Voucher
Register, questioned the appropriateness of
authorizing the City Attorney to attend the
Sheriff's breakfast at a cost of $187.50,
particularly when there was concern that he, as a
Council Member, was frivolous for spending $120 of
taxpayers' money in the last two years
CM/Belanger explained that ICA/Montgomery was
invited to the breakfast to introduce him to
Sheriff Department staff.
C/Papers withdrew her expenditure request for
$398.88 to the Windham _Hotel for the California
Contract Cities Assn. meeting next month reducing
.the Voucher Register to $299,842.15
C/Miller moved, C/Ansari seconded to approve the
Voucher Register as amended, noting MPT/Harmony"s
objection. With the following _Roll Call vote,
motion carried:
AYES: COUNCIL MEMBERS Miller, Papen, Ansari,
MPT/Harmony, M/Werner
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS - None
7. CONTINUED PUBLIC HEARINGS
7.1 RESOLUTION NO. 94-17: A RESOLUTION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, FINDING THE CITY TO BE IN
CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM
(CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION
REPORT, IN ACCORDANCE WITH THE CALIFORNIA
GOVERNMENT CODE SECTION 65089 - ICE/Wentz reported
that, in compliance with the 1993 Congestion
{ Management Program (CMP) for L.A. County, the City
� is required to adopt a resolution, by May 1, 1994,
self -certifying conformance with the CMP.
M/Werner opened the Public Hearing.
APRIL 19, 1994 PAGE 8
With no testimony offered, M/Werner closed the
Public Hearing.
C/Miller moved, C/Ansari seconded to adopt
Resolution No. 94-17 entitled: A RESOLUTION OF THE
CITY OF DIAMOND` BAR, CALIFORNIA, FINDING THE CITY
TO BE IN CONFORMANCE WITH THE CONGESTIONMANAGEMENT
PROGRAM (CMP) AND ADOPTING THE CMP LOCAL_'
IMPLEMENTATION REPORT, IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE 65089. With the
following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS- Miller, Papen, Ansari,
MPT/Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7.2 ORDINANCE NO. 02(1994); AN ORDINANCE,OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE
22 OF THE LOS ANGELES COUNTY CODE BY ADDING NEW
CHAPTER 22.54 AND ESTABLISHING PROPERTY MAINTENANCE
STANDARDS CDD/DeStefano reported that the
Planning Commission drafted a Property Maintenance
Ordinance. designed `-to ` respond to complaints
received by the City regarding deteriorating
conditions of residential, commercial and
industrial property, :for the Council's review and
approval. He stated that the Ordinance is similar
in concept to Chapter 99 however, `it is more
generalized, covering the same basic issues in a
more broad-based manner, stands separate and
distinct from the Uniform Building 'Code and the
current Uniform -Housing Code and establishes a
different method of appeals, notices and processing
for abatement of `nuisance issues. He stated that
staff noticed the Public Hearing in accordance with
State and local requirements and sent letters and
notice of availability, if not copies of the
working 'draft, to .approximately 65 people on a
mailing list who indicated an interest in the
project. He stated that staff received
communications from three residents generally
supporting the document with some suggested
changes,.as outlined in the staff report.
C/Miller, referring to the provision requiring a
paved parking lot in industrial areas for motor
vehicles, suggested a statement be included,
"unless otherwise approved by the City Council,"
thus allowing some discretion by the Council,
particularly for existing uses such as the R.V.
park on Brea Canyon.
M/Werner.opened the Public Hearing.
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APRIL 19, 1994 "'PAG`'9
Robert Zirbes, President, Diamond Bar Improvement
Assn. (DBIA), presented a video illustrating
deteriorating conditions of homes throughout the
city. - He stated that the DBIA has difficulty
enforcing CC&R's because of a lack of a Property
Maintenance ordinance or tools for the Code
Enforcement Officer to correct some of these prob-
lems occurring in neighborhoods. He stated that
enforcement procedures in the Property Maintenance
Ordinance (PMO) are effective and will be easier to
enforce than Chapter 99, particularly since it does
not include an enforcement requirement determining
that there is a substantial decline in property
values of the neighboring properties. He stated
that it is important that the Council act to
protect property values, restoring the integrity of
the city's local neighborhoods.
Rick Imperial, 1318 Crestmont Dr., stated that a
PMO is desired to address problems of deteriorating
conditions of homes throughout the City, such as
the one in his neighborhood which is a nuisance and
is declining property values in the area.
Oscar Law, in general support of the PMO, asked the
City Council to consider the following items:
delete the last three words from paragraph
22.540.40 Public Nuisance, on page 4; omit
"dismounted camper shells" from section 22.54.110
on page 7; define "wall and fence10 as indicated on
page 7, item c: allow three commercial vehicles or
trailers to be parked on driveway as indicated on
page 7, item b; the statement "Failure of any
person to receive a notice... B1 on page 21, item 3,
should be deleted because a family may be on an
extended vacation; and item 22.54,520, Continuing
violations, page 33 should be changed to read "It
shall constitute a violation of or failure to
comply with.. "
C/Papen pointed out that a dismounted camper shell
can be stored in the yard behind a fence. She
asked Mr. Law to further clarify why he feels three
commercial vehicles or trailers should be allowed
to be parked in a residential lot or parcel for 72
hours.
Mr. Law stated that the side yards of many older
homes are not wide enough to store a camper shell;
therefore, they ,should be able to store them in the
front yards In regard to allowing three parked
commercial vehicles or trailers, he explained that
the PMO should account for incidents where families
operate a business requiring three commercial
vehicles that may 'need to be parked in the driveway
APRIL 19, 1994 PAGE 10
for .a long weekend.
In response to M/Werner, Mr. Law stated that he
would be ,satisfied with a definition of a "wall or
fence" included in the Definition section..
M/Werner asked if the Council concurred to grant a
request made by William Lenny, Jr., a candidate for
the County Assessor's Office, to speak during
Public comments.
Don Fisher,, 465 Bregante Dr., expressed support of
the PMO.
R.L. Callard, 24105 Palomino, in support of the
PMO, expressed concern regarding the condition of
two homes in his neighborhood.
Joe Larutta expressed support of the PMO,
particularly for allowing R.V.s on a paved
driveway.
Ron Naman, 2421 Castle _Rock Rd., stated that in
general he supports the PMO. He expressed concern
that the enforcement provisions of the PMO will
need to be more strongly defined to address
deteriorating conditions of discarded junk behind a
temporary fence or a facade. He displayed photos
of existing problems occurring on some properties.
M/Werner was surprised by the conditions
illustrated by the photos presented by Mr. Naman
and questioned why the City is without remedy to
remove what appears to- be public nuisances and
health and safety; hazards.
CDD/DeStefano stated that without the specifics or
history of each: of the cases presented, it is
difficult to discuss possible enforceable tools
that may be available.
Kim Weingarten, speaking on behalf of the 22601
Sunset Crossing 'Little League, expressed concern
that the PMO would require the Little League to
pave the gravel driveway, they have used for many
years.
John Forbing Charwood Pl., expressed support for
the PMO- as written, noting the appeal process to
consider unusual circumstances. He further noted
that the longer a community waits to address these
deteriorating conditions, the harder it is in the
future to enforce -.,such provisions.
Jean Alexander, 3176 Hawkwood, ,spoke in support of
With no further testimony offered, M/Werner closed
the Public Hearing.
M/Werner questioned whether or not the Little
League dirt parking lot and the RV gravel parking
lot, which are legal uses predating incorporation,
would be permitted to have dirt parking today.
CDD/DeStefano stated that if a similar use was
requested today, staff would require paved parking
surfaces; however, if the applicant requested
something other than paved parking surfaces, the
Planning Commission would consider the request
through the public review process. He stated that,
in the two specified cases, the original CUP, which
granted approval, would be the controlling
standard; however, he noted that the intent of the
Planning Commission was not to attach the PMO to
those kinds of existing land uses, but to deal with
those areas that have demonstrated deterioration as
a result of lack of maintenance from the owner or
occupant.
C/Miller suggested that the PMO include the
statement, "unless otherwise approved by the
Planning Commission and/or City Council" to
paragraph (a) on page 16, to clarify the issue and
indicate that there can be exceptions to the
provisions.
City Council concurred.
CDD/DeStefano recommended that subsection (b) on
page 16, of 22.54.330 be eliminated to clarify that
it may be appropriate to allow parking for a longer
period of time in industrial areas.
M/Werner'concurred that the words "wall and fence"
on page 7 should be further clarified.
CDD/DeStefano suggested that the phase "an approved
view -obscuring wall or fence" be added to the last
line of subsection (c) on page 7. He noted that
"view obscuring" would have to be defined to
determine if a total obscuring is desired, or if a
partial obscuring is acceptable, such with a chain
link fence or wrought iron fence.
C/Miller suggested the wording, "•..shall be
screened by an approved wall or fence that prevent
view of the ... being stored in the side yard" with
the intent to prevent view and/or making a
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APRIL 19, 1994 PAGE ,12
reasonable effort to screen
Council concurred.
M/Werner, referring to the suggestion, relating to
"dismounted camper shells," questioned why
dismounted camper shells can't be placedin. a
garage or a side ;yard.
C/Papen, noting that dismounted camper shells could
be stood up on end if the side yard is narrow,
stated that the provision' should remain' as written.
M/Werner suggested 'a permit process for special
cases, or hardship` cases, that would notify
surrounding property owners and have a'due process
procedure.
ICA/Montgomery noted that pages- 22 and 23,
Abatement, provides for an extension of time to
perform, and a discretionary approval to extend the
length of time 'based upon a finding of special
circumstances, and exceptional characteristics. He
stated that a variance paragraph procedure can be
provided to allow ''an individual to make a
demonstration of exceptional circumstances.
C/Papen noted that there should not be many
residential neighborhoods having people who need to
park three commercial vehicles plus a private
vehicle in their driveway or in front of their
house. She stated that the .provision should be
left as written, ` and can ' be reconsidered if, in a
year, there are incidences where it is justified.
ICA/Montgomery, in response to M/Werner, stated
that a CUP provision could be.included to allow the
property owner an opportunity to state the merits
of his case seeking an exception to the provisions
for a specified term.
C/Papen pointed out that it is not necessary to
include a CUP provision in the ordinance because it
is already an option available to everyone.
ICA/Montgomery stated that he will verify that
opinion with CDD /D and report back to the
Council. -
C/Miller, noting the 'late hour, suggested that the
Council determine which: items would be heard so
that people will not be ]rept waiting.
CM/Belanger, at the request of M/Werner, stated
that item 8.1 need not be considered by the Council
APRIL 19, 1994 PACE 13
because it had been verified that the Council in a
motion at the last meeting had reconsidered VTM
47850 in accordance with the agreement. He stated
that staff recommends that the Council consider the
following items: Item 8.2 regarding Chapter 99;
8.6 regarding adjustment of staff salaries and
benefits; and 9.1 regarding the 'Grand Ave/Diamond
Bar Blvd. intersection modification. He stated
that it is recommended that 8.5, Sewer District, be
held over to the May 3 meeting, and any comments
from the public can be directed to the City Manager
or Engineering.
MPT/Harmony stated that, in future meetings, the
Council should finish City business, regardless how
,full the agenda is
M/Werner stated that there will be some changes
(suggested at the next meeting. He suggested that
,the Council finish with their discussion regarding
!the Property Maintenance ordinance.
ICA/Montgomery, in response to c/Papen's concern
regarding the second sentence under Public
Nuisances page 4, stated that the language was
(taken directly from the Code Section and should be
'!left as is.
!C/Papen requested clarification as to why the
statement, "Failure of a person to receive a notice
shall not affect the validity of the
(proceeding..:", page 21, paragraph 3, was included.
ICA/Montgomery explained that the statement is
included to address those people who are very
successful in dodging notices. He stated that
there is another provision in the law to address
those people who actually never received notices.
He noted that if a family is on vacation, someone
usually picks up their mail or it is forwarded.
In response to C/Papen's inquiry if the statement
on page 33 regarding continuing violations should
remain, ICA/ Montgomery stated that he had
suggested to the Planning Commission that the
statement could be deleted because the policy is to
eradicate the situation, not to penalize people.
He stated that it could be amended to indicate that
the violation will continue unless and until it is
abated.' He explained that the Planning Commission
had recommended the language with the idea that a
homeowner may be inclined to merely pay the fine
and leave the existing problem,.
The Council _concurred to amend, the .language to
APRIL 19, 1994 PAGE 14
indicate "one violation unless and until abated."
ICA/Montgomery, in response to M/Werner, clarified
the: definition of =a public nuisance/ nuisance per se
on page !4. He stated that the second sentence of
the definition of public nuisance can be amended to
eliminate the phrase "comfort and convenience."
The Council concurred to amend the definition of a
public nuisance to read, "A public nuisance is an
act or omission which interferes with the interest
of the community or interferes with public health,
safety, and welfare."
C/Miller moved,' C/Ansari .seconded to approve for
first reading by title only and waive full reading
of Ordinance No. 02(1994) as amended entitled: AN
ORDINANCE OF THE CITY COUNCIL' OF THE CITY OF
DIAMOND BAR AMENDING TITLE 22' OF THE LOS ANGELES.
COUNTY CODE BY` ADDING NEW -CHAPTER 22.54 AND
ESTABLISHING PROPERTY:MAINTENANCE STANDARDS. With
the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Papen, Ansari,
MPT/Harmony, M/Werner
NOES COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS - None
>f
8. OLD BUSINESS:
8.1 RESOLUTION NO. 94 -XX; A RESOLUTION OF THE C
COUNCIL OF THE CITY OF DIAMOND BAR RECONSIDERING
RESOLUTION NO. 92-65 WHICH DENIED VESTING TENTATIVE
TRACT MAP NO. 47850 - Wilbur Smith; stated that
since the tract -was denied on the basis of solid
geotechnical reasons because it was judged to be a
hazard, it should not be re-examined unless the
contractor addresses` all of the concerns raised
previously.
CM/Belanger pointed out that the agreement
specifically requires that those questions raised
relating to the denial of VTM 47850 in 1992 must be
answered before -a, Ipublic hearing is set.
Noaction was taken on this _matter.
8.2 SECOND READING OF ORDINANCE NO. 01 (1994) AN
ORDINANCE OF -THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, ADDING A NEW CHAPTER 15.38 TO THE
DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE,
`.,,,THE BUILDING AND'PROPERTY;REHABILITATION CHAPTER 99
OF TITLE 26 OF THE LOS ANGELES COUNTY BUILDING
CODE, 1988 TOGETHER WITH CERTAIN AMENDMENTS,
ADDITIONS, DELETIONS AND EXCEPTIONS, INCLUDING FEES
11
3
APRIL 19, 1994 PAGE '15
AND PENALTIES ICA/Montgomery stated that
Ordinance No. 01 could be adopted immediately as an
urgency ordinance since it is a matter of public
safety, health and welfare, unless there is a
substantial amendment made to the ordinance.
C/Papen suggested that the third section on page 4,
referring to the time garbage cans can be placed on
the street, be amended to be consistent with
Ordinance No. 04, Solid Waste, to indicate that
garbage cans can be placed on the street from dusk
the night before until dusk of the night of
collection.
ICA/Montgomery stated thatthesuggested amendment
is not a substantial amendment to -the Ordinance.
MPT/Harmony moved, C/Papen seconded to approve for
second reading and adopt Ordinance No. 01(1994), as
an urgency ordinance, entitled: AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, ADDING
A NEW CHAPTER 15.38 TO THE DIAMOND BAR CITY CODE
AND ADOPTING, BY REFERENCE, THE BUILDING AND
PROPERTY REHABILITATION CHAPTER 99 OF TITLE 26 OF
THE LOS ANGELES COUNTY BUILDING CODE, 1988 EDITION
TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS,
DELETIONS AND EXCEPTIONS, INCLUDING FEES AND
PENALTIES. With the following Roll Call vote,
motion carried:
(AYES: COUNCIL MEMBERS - Miller, Papen, Ansari,
MPT/Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8.3 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, APPOINTING
MAYOR GARY WERNER AND MAYOR PRO TEM CLAIR HARMONY
AS DELEGATES TO THE WILDLIFE CORRIDOR CONSERVANCY
STUDY GROUP - C/Papen expressed concern that the
Council,, which already has 21 committees plus
approximately 16 liaison relationships with outside
agencies, is forming another _standing committee
which, under the new rules, are subject to the
Brown Act. IShe suggested that the Council
re-evaluate the need for these standing committees.
She then expressed concern that the same three
Council Members are on 26 of those 21 standing
committees, which does notlend' to full
participation of the Council on issues occurring in
the City.
C/Miller concurred that M/Werner needs to
reconsider Council appointments to be more
equitably distributed among the City Council.
APRIL 19, 1994 PAGE 16,
MPT/Harmony also requested to be considered for ti
additional assignments. �
M/Werner stated that he would re-evaluate the
subcommittee list.
C/Papen staged that the issue of the Brown Act must
also be addressed because standing committees now
need to be publicly. noticed, with posted agendas
and minutes.
Barbara Beach-Courchesne expressed support of the
new Brown Act and the requirement to better inform
the public.
Mr. Maxwell also expressed support of the new Brown
Act requirement. He supported MPT/Harmony and
M/Werner's desire to be appointed to the Wildlife
Corridor Conservancy Study Group.
Don Schad stated that the Wildlife Corridor
Conservancy' Study Group is important as far as
maintaining the, credibility of the natural
resources in many cities.-
C/Papen questioned the necessity of a resolution to
a,
appoint a Council Member to a committee. She also
questioned why two delegatesare being appointed
rather than one delegate and an alternate.; She
noted that two delegates now form a standing
committee, and it will be difficult to comply with
the Brown Act because the group meets outside City
limits and it is not a JPA.
ICA/Montgomery stated that, in this case, the body
at large is not the group subject to Brown Act
requirements,• however, the two committee members
would be subject to the Brown Act if they meet to
discuss the issue or discuss the issue on the
phone. He stated that Brown Act requirements would
not apply if there is one appointed delegate and
one alternate.
MPT/Harmony moved, C/Ansari seconded to adopt
Resolution No. 94-19 entitled: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR, APPOINTING
MAYOR GARY WERNER AND MAYOR PRO TEM CLAIR HARMONY
AS DELEGATES TO THE WILDLIFE CORRIDOR CONSERVANCY
STUDY GROUP and amending it to designate M/Werner
asdelegateand MPT/Harmony as alternate. With the
g
following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Ansari, Papen,
MPT/Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8.4 RESOLUTION NO. 94-18: RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING
LEFT AND THROUGH LANES ON THE EASTBOUND AND WEST
BOUND APPROACHES OF MOUNTAIN LAUREL WAY AT DIAMOND
BAR BOULEVARD AND INSTALLING A 100 FEET OF RED CURB
ON THE NORTH SIDE OF MOUNTAIN LAUREL WAY BETWEEN
SILVER RAIN DRIVE AND DIAMOND BAR BOULEVARD -
C/Papen moved, C/Ansari seconded to adopt
Resolution No. 94-18 entitled: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING LEFT AND THROUGH LANES ON THE
EASTBOUND AND WEST BOUND APPROACHES OF MOUNTAIN
LAUREL WAY AT DIAMOND BAR BOULEVARD AND INSTALLING
A 100 FEET OF. RED CURB ON THE NORTH SIDE OF
MOUNTAIN_ LAUREL WAY BETWEEN SILVER RAIL DRIVE AND
DIAMOND BAR BOULEVARD. With the following Roll
Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Papen, Ansari,
MPT/Harmony, M/Werner
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS - None
8.5 SAN ++ el o
SANITARY SEWERS _IN THE COUNTRY Scott Bening,
2640 Shady Ridge In., concerned that staff appears
to ;be providing conflicting statements compared to
two years ago, requested clarification as to
whether or not a dewatering system is feasible, and
if rainfall and irrigation water, along with the
septic systems in the surrounding homes, are the
main contributing factor to the ground water
problem. He then inquired of the process for
registering a protest vote to the formation of the
sewer district.
M/Werner announced that staff will provide
responses to all comments made at the May 3, 1994
Council meeting.
CM/Belanger stated that staff will assure that each
property owner within the proposed district will
receive information on what the procedures are for
protesting the formation of the district far in
advance of any possible Public Hearing.
Craig Wiese, 2721 Broken Feather, requested that a
benefit analysis be conducted and that the cost of
the project assigned to those benefiting most from
the districts
ICA/Montgomery explained that the reason staff is
unable to provide a response regarding the
APRIL 19, 1994 PAGE 18
appropriate procedure to challenge the formation of
the district is because the type of district that
will be recommended to the Council, and what will
be accepted by the Council, is not yet known.
ICE/Wentz suggested that the item be continued to
May 17, 1994 rather than the May 2 meeting to allow
staff sufficient time to respond to all the
questions and concerns,and to interview the
consultant firms that have provided proposals.
MPT/Harmony suggested that the leaders of the
citizens group regarding this issue contact staff
to assist in the process.'
Wilbur Smith, 21630 Fair Wind Ln., pointed out that
there'is an urgency in the matter because there is
a potential for earth movement since the ground is
saturated. He statedthat the Council has a
responsibility to the citizens to resolve this
problem inherited from the County.
'The -Council agreed to continue the matter to May
17, 1994.
8.6 RESOLUTION NO. 90-45H: RESOLUTION OF THE CITY OF
DIAMOND BAR SETTING FORTH PERSONNEL RULES AND
REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK
LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER
REGULATIONS - CM/Belanger reported that an
adjustment of salaries .and benefits relating to
cost of living increases was proposed and included
in the budget for.FY 1993-94. He stated that the
Personnel. Committee reviewed the,matter and
recommended the effective date of the Resolution to
be January 1, 1994
C/Papers expressed concern that the City needs to
guard its resources carefully. She moved to
approve a 3% salary increase effective March 1,
1994. Motion died for lack of a second.
C/Ansari noted that D.B.'has only 24 staff members
for its 54,000 residents, which is a considerably
lower amount when 'compared to neighboring cities,
indicating that the City' has been quite cost
effective in managing itself.
MPT/Harmony moved, C/Ansari seconded to adopt
Resolution No. 90-45H entitled: A RESOLUTION OF
THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL
RULES AND REGULATIONS REGARDING THE PAYMENT OF
SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES
AND OTHER REGULATIONS. With the following Roll
Call vote, motion carrieds
r
APRIL 19, 1994 PAGE 19
AYES: COUNCIL MEMBERS - Miller, Ansari, MPT/
Harmony, M/Werner
NOES: COUNCIL MEMBERS - Papen
ABSENT: COUNCIL MEMBERS - None
8.7 DISCUSSION RE`: AD HOC LIBRARY FUNDING COMMITTEE -
C/ Papen suggested that the item be agendized for
the next meeting to discuss the $lo,000 funding of
materials.
City Council concurred. Matter continued to May 3,
1994.
8.8 DISCUSSION RE: STATUS OF GENERAL PLAN ADVISORY
COMMITTEE - Dan Wildish stated that GPAC is at a
standstill until, -" receives direction from the
Council concerning the voting' make-up of the
committee.
M/Werner stated that the Council provided direction
as was discussed at the last GPAC meeting.
Mr. Wildish stated that GPAC made a determination
at the last meeting to hold off further review
until there is an opportunity to discuss the issue
in front of the council. He stated that a concern
was raised if the document will have to be reviewed
from the beginning since the voting make-up was
hanged halfway through the review process. He
stated that it is felt that this change affects the
entire document and the end product.
M/Werner stated that the motion made at GPAC to put
aside the decision of the Council failed.
Mr. Wildish pointed out that had .the developers
been allowed to participate in that vote, and had
it been done before the break, the outcome would
have been different and GPACwould have requested
the Council to reconsider their decision.
C/Miller stated that he had been told that many
members voted against the motion thinking that they
would have another opportunity to vote on -a similar
motion made prior. He expressed concern that, as a
result of this change in structure, there are about
to people ready to resign from GPAC. He then
stated that: many members of GPAC also expressed
concern that they feel the issue was not agendized,
properly explaining the purpose of the discussion
at the Council level.
C/Miller moved, C/Papen seconded to put the last
General Plan adopted on the ballot, as was
requested by the referendum proponents.
":tom
APRIL 19, 1994 PAGE 20
M/Werner noted that the motion is improper because
the item is not agendized.
C/Miller pointed out that the decision to change
the makeup of the GPAC was also not agendized and a
perception was created that a few people can change
the decision at theCouncil level. He stated that
the structure of GPAC should have been allowed to
have happened throughout the review process.
C/Ansari explained that many GPAC members felt
there was a strong perception in the community that
developers should not have been given voting
privileges equal to residents, since they do not
reside in the City; however, there was,a consensus
that developers should be'given the,opportunity to
provide input on the issues.'
Mr. Wildish stated that the objection is not to
Council authority I to make modifications to the
General Plan as recommended by GPAC, but to the
intermeddling and influence of the Council in the
review process.
C/Papen read a. letter of resignation from Haji
Dayala, one of her appointees to GPAC, which stated
that he felt his contribution to GPAC was no longer
as effective and productive because the rules of
GPAC were changed without consultation or open
discussion within the committee. He also expressed
concern that the Brown Act may have been violated
by these GPAC members. C/Papen then pointed out
that the members :of GPAC who expressed concern
regarding developers' voting rights were all the
appointees of one Council Member. She stated that
it was improper not to. have discussed those
concerns openly with GPAC and the Council should
reconsider its actions and restore the original
membership and voting rights first established.
M/Werner inquired if the Council would consider,
instead, adding another representative to GPAC from
each Council Member, which was a suggestion made at
the last GPAC meeting.
C/Miller noted that the issue of concern at the
GPAC level is not the appointment of more GPAC
members but rather the perception that the process
is being manipulated by the Council.
Max Maxwell expressed his opinion that the ten GPAC
members who are boycotting the GPAC meetings are
appointees of two Council Members who are trying to
manipulate the process.He stated that the GPAC
members should have attended the Council meeting to
Nj
92
0
8.9
discuss the issue.
C/Papers stated that an issue agendized for
discussion must have a brief summary about the
business to be discussed to give the public an idea
of the issue at hand. She stated that since there
was no discussion of any action, as required by the
Brown Act, that there would be discussion regarding
a change of the composition of the GPAC, then the
motion and the vote taken by the Council must be
rescinded.
ICA/Montgomery stated that the Brown Act amendment,
effective April 1, 1994, requires an agenda item to
have a general description of the agenda item of
not more than 20 words; however, that general
description has not yet been defined. He stated
that it was proper for the Council to discuss the
update report of the GPAC, which then led to the
action taken of rescinding developers' voting
privileges.
M/Werner suggested that the item be held over to
the next meeting for further discussion, suspending
GPAC meetings until the issue is resolved or
suspending the effectiveness of the Council's prior
action until the issue is resolved.
Barbara Beach-Courchesne requested that the item be.
placed first on the agenda.
The Council concurred to bring the item back to the
next. regular City Council meeting to discuss what
GPAC has accomplished and the time frame needed to
conclude the process, as well as this issue. It
was further requested that this item be moved to
the beginning of the next agenda.
MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY
ATTORNEY - Continued to May 3, 1994.
9. NEW BUSINESS:
9.1 INTERSECTION MODIFICATION ON GRAND AVENUE AT
DIAMOND BAR BOULEVARD AND GOLDEN SPRINGS DRIVE -
CM/Belanger reportedthat the intersection
modification on Grand Ave. at Diamond Bar Blvd. and
Golden Springs Dr. is to accommodate additional
design services resulting from the Traffic
Synchronization Program.
' MPT/Harmony expressed concern that a 50% increase
to the contract to coordinate with MTA improvements
seems excessive.
APRIL 19, 1994 PAGE 22
ICE/Wentz explained that the specific service being
requested from the design consultants is to include
a design modification to those intersections that
is necessary as part of the traffic signalization
synchronization project approved by the MTA. He
stated that specific services include a full scope
of typical design steps necessary to, acquire MTA
funds which were not originally included in the
Grand'Ave. reconstruction project.
MPT/Harmony suggested that the committee review
this proposal and provide comment to the Council.
He acknowledged that the increase to the contract
is not 50% but rather 33%._
The Council concurred to hold the matter over for
two weeks to allow the 'committee to review the
proposal. Continued to May 3, 1994.
10. ANNOUNCEMENTS: None
11. CLOSED SESSION: None held.
12. ADJOURNMENT: With .no further business to
conduct, the meeting, was adjourned at,12:00 a.m.
LYNDA BURGESS,,, City Clerk
ATTEST:
M 4yor
Ili