HomeMy WebLinkAbout06/21/1994 Minutes - Adj. Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JUNE 21, 1994
1. CALL TO ORDER: M/Werner called the meeting to
order at 6001 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 M/Werner.
ROLL CALL' Councilmembers Ansari, Papen,
Mayor Pro Tem Harmony and Mayor Werner. Councilmember
Miller was excused.
Also present were Terrence L. Belanger, City Manager;
Frank Usher, Assistant City Manager; George Wentz,
Interim City Engineer; Bob Rose, Community Services
Director, Jim DeStefano, Community Development Director
and Lynda Burgess, City Clerk.
Mr. Clark Moseley was introduced as a substitute for
Interim City Attorney, Michael Montgomery.
2. DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE
TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8; AND
OAK TREE PERMIT NO. 92-8g 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 - Continued from June 13, 1994.
CM/Belanger advised that the Council requested an opinion
from ICA/Montgomery as to the status of tentative maps
relating to amendment of the tentative maps subsequent to
the initial filing of the application of the map. Mr.
Montgomery provided a legal memorandum addressed to the
Council on June 17, 1994.
Mr. Moseley advised that the issues discussed in the
memorandum should be referred back to ICA/Montgomery so
that he may further clarify his report, which does not
truly cover all of the concerns.
CM/Belanger advised the Council that if it takes any
action on these vesting maps, it must make a finding
under Government Code Sec. 65361, which is the OPR
letter, whether it°s approved or denied.
M/Werner questioned whether the Council must make a
decision on the entirety of the master plan, or leave it,
or would it also have to make decisions on each of the
individual tract map application and any other similar
issues.
CM/Belanger advised that the Council has three separate
and distinct applications submitted by three separate
JUNE 21, 1994
PAGE 2
developers; that they share certain aspects that were
discussed in the form of a master plan, but the Council
needs to consider as separate and individual actions.
ISI/Werner asked if all the items listed on the Agenda were
entitlements that would have to be decided on, such as
the development agreement, the vesting tract map, the oak
tree permit, etc.
CM/Belanger stated yes.
M/Werner also questioned that once the process is done,
and all of them are denied and EIR is certified, will the
Council be left with something lingering that might in a
matter of time be approved without our knowledge.
ICA/Moseley answered that if the Council takes
affirmative action on each and every one of the items,
the answer is no.
C/Papen commented that at the last meeting, not only
would the issue of vesting tentative maps be on the
agenda for discussion, but the Council would be reviewing
all of the options of the Arciero property. She
expressed concern for approving the South Pointe Master
Plan because there were five property owners who had a
conglomerate of various shapes and sizes of parcels. .She
advised that the Master Plan was designed to resolve al
of issues where people infringed on others® property
rights, people building on others property, the school
being built on City property. She advised that the City
does not approve the Master Plan, none of the land swaps
that previously agreed to will happen, the Sasak tract
map actually builds on other peoples' property unless the
Master Plan is agreed 'to and all land swaps are
completed.
C/Ansari stated that the issues regarding the continued
meeting was not only for the Council to review the
paperwork further but to get the Council to agree. she
again expressed concerns regarding her review of the road
and the road being built on a landslide. She stated that
there are S acres of landslide, 4001 wide by 755' long.
MPT/Harmony stated that the City tried to help the School
District by issuing a grading permit and that the Council
needs to agree to issue a temporary grading permit so
that the dirt gets moved and the school gets built.
C/Papen stated that she supported the original South
Pointe Plan. It worked for the School District,
homeowners and the commercial community. She pointed out
that the City could increase sales and property tax,
eliminate the commercial building, eliminate the 20 acres
of park to a modified Alternative 1, cut the homes from
JUNE 21, 1994
19M
PAGE 3
200 to 125. She stated that condition number 1 says that
there would be no homes or roads built on any landslides
without getting the dirt compacted to D.B. standards.
C/Papen moved, M/Werner seconded to eliminate 30 acres
and end up with 6 or 7 acres of graded property along the
freeway, deny the RNP vesting tentative tract map
conditional use permit and oak tree permit, reduce the
number of lots on the Sasak property from 21 to no more
than 18 and condition the Sasak property that the homes
must have access to other streets in the City.
M/Werner expressed concerns on filling the canyon and
withdrew his second.
C/Ansari moved, M/Werner seconded to continue the matter
to the July 5, 1994 meeting. With the following Roll
Call vote, motion carried:
AYES. COUNCILMEMBERS -- Ansari, MPT/Harmony,
M/Werner
NOES: COUNCILMEMBERS - Papen
ABSENT: COUNCILMEMBERS - Miller
RECESS: M/Werner recessed the meeting at 7.14 p.m.
RECONVENE: MPT/Harmony reconvened the meeting at
7.35 p.m. and announced that M/Werner
would be excused fromthe remainder of
the meeting. C/Miller arrived at that
time.
SPECIAL PRESEN'T'ATIONS, PROCLAMATIONS,, CERTIFICATES, ETC.
None.
4. PUBLIC COMMENTS:
Karl Rosen, President of the Chamber of Commerce,
announced that because this Council meeting started at
6.00 p.m., the cable program B1Diamond Bar, Where The
Action Is" will be shown on Wednesday, June 22, 1994 at
6:30 p.m. and then again on June 28, 1994. He stated
that MRF issues will be featured. He also expressed
concerns on item 9.5 of the Agenda concerning budgets and
approval for local transportation items and the
dial -a -ride which takes place during the holiday season.
Richard Callard, 24105 Palomino Drive, introduced Mrs.
Thelma Press, former Director of Cultural and
International Affairs for the City of San Bernardino.
Ms. Press introduced Mildred Hudson from San Bernardino,
stated that Sister City people are very special and gave
the history of the organization. She announced that D.B.
has formed a Sister City group, that there are 125
JUNE 21, 1994 IMAGE 4
million people involved in the movement and congratulated
the City for their involvement.
Richard Callard, 24105 Palomino Drive, announced a Sister
Cities meeting on Thursday, July 14, 1994 at 7:00 p.m. at
Golden Springs School.
Dr. Lawrence Rhodes presented copies of Robert's Rules of
order.
Nick Anis, 1125 Bramford Court, announced, on behalf of
Artisoft Personal Computer Co., that a donation of
Lantastic Ver. 6.0 for 50 work stations and Lantastic
TCPIP, with a total value of $5,990, will be made to the
City. He stated that they are using the City as a model
for uses of their equipment.
In response to C/Miller, Mr. Anis stated that the City is
presently using this software. and the upgraded version is
simply that.
C/Papers thanked Mr. Anis for his efforts in getting this
equipment for the City.
Dr. Carol Haugen, Principal of Quail Summit School, gave
a presentation regarding the Cameron M. Todd Memorial
ball wall to be located at Paul C. Grow Park. She
introduced Kelly Brisher and Lori Mellaney, neighbors and
friends of first -grader Cameron Todd, who was tragically
shot last New Year's Eve.
Kelly Brisher commented on Cameron Todd and the memories
he left behind.
Lori Mellaney stated five reasons why the ball wall
should be built at Paul C. Grow.
Dr. Haugen asked if the City could help get this project
completed by 1) waiving the plan check fee; 2) relocate
the cardiac fitness equipment to in front of the comfort
station; 3) relocate the cement walking path through the
tree area and 4) help construct the ball wall pad.
C/Papen asked what the ball wall actually was and how the
public could contribute.
Dr. Haugen stated that all contributions can be made to
Quail Summit Community Club.
Gillian Ray, Children's Librarian, requested that the
Council approve item 9.8 to continue children's programs
and activities at the D.B. Library. She announced the
"Friends of the Library" international tea and fashion
show fundraiser,
JUNE 21, 1994 PAGE 5
C/Ansari announced that Mrs. Ray was recognized as the
top Children's Librarian for her work with children and
her story -telling capabilities.
Nancy Salvato, 20860 Gold Run Dr., expressed feelings of
anger, outrage and disappointment that the South Pointe
issue has been deadlocked with no immediate resolution in
sight.
Wendy Steinberg stated that taxpayers and residents have
the right to a good education and the City is not giving
that to the children.
Terry Birrell commented on C/Miller owning RnP
Development Properties and denying that. She asked
C/Miller to provide documentation proving that he does
not own the property. She asked for fairness for all
children and residents, retain the open space and get the
school built in the Sand Stone Canyon area.
C/Miller responded that he would not ever disclose his
personal records to the public. He also stated that he
had made a public comment on not participating in any
public process or any City process for the Master Plano
He also stated that his father-in-law's address was
corrected and requested that it be taken off the City's
mailing list.
CM/Belanger advised that the City received a letter from
Mr. Rumsey indicating that he is not involved with RnP
and requesting that his name and address and any
reference to RnP be removed form any official mailing
list.
In regard to C/Papen's question regarding the statute of
limitations for ownership by Council Members, CM/Belanger
replied that the status is one year after disposal of the
property.
Ms. Birrell asked ICA/Moseley to explain the conditions
upon which a subdivision application can be made and
voted on.
ICA/Moseley stated that a Council Member can own property
but cannot be involved with projects involving your
property as a Council Member.
Andrew Ramirez, 154 N. Roberto Ave., #B, West Covina,
expressed concerns on the MRF and health considerations.
Elizabeth Hodges, 1604 Morning Sun, commented on getting
South Pointe School constructed while saving the open
space in Sand Stone Canyon.
Nick Anis expressed concerns over the open space in Sand
JUNE 21, 1994 PAGE 6
Stone Canyon and of MPT/Harmony wanting to save the
canyon and not getting the school built.
Barbara Beach-Courchesne stated that RnP has a "no
building" restriction on their property. She also
commented on other schools in the district that have
waited years and years to find permanent homes.
Jack Healy, 23051 Aspen Knoll Dr., stated that an
individualfs property rights cannot interfere with
other's property rights.
Max Maxwell asked if it is legal to bring new issues to
the Council on the South Pointe Master Plan and not
re -open this to the public.
Jennifer Irikawa, 8487 Falcon 'Ridge, advised that she
does not work for C/Miller° She commented on the
retirement community and how they are down on all the
issues and that children are at the bottom of the list.
Carolyn Elfelt, 21119 Silver Cloud, stated that the South
Pointe School needs to built.
5. COUNCIL, COMMENTS
C/Miller stated that the majority of the Council signed
the Mission Statement and read that Council meetings are
a forum established to conduct the business of the City.
He stated that the Council chose to conduct its business
meeting in a televised, open forum to keep everyone
informed. He also advised that the meetings are to be
concluded at a reasonable. hour of 11:00 p.m. He
requested that public comments be directed to Consent
Calendar items and matters of interest with no personal
attacks on the Council.
C/Ansari.agreed with C/Miller's comments on how the
Council's meetings should be conducted. She advised of
her visit to the material recovery facility in San Marcos
which recovers 2140 tons of waste per day. She commented
on how workers were allowed to work in their street
clothes with no protective gear in the filth within that
facility and expressed concern for the workers due to
their sorting through hospital waste in this facility.
Further, she announced that on Sunday, the Diamond Pointe
One Club for the Friends of the Library will hold their
annual tea fundraiser at a cost of $10.00 and that Wed.,
June 291 1994 will be the beginning of the City's Concert
in the Park series from 6:30 to 8:00 p.m. at Sycamore
Canyon Park.
C/Papen announced new summer banners at the entrance of
the City. She also announced that the Fountain Spring
and Shadow Canyon traffic lights on D.B. Blvd. will be
JUNE 21, 1994
Mp
PAGE 7
installed in the near future. She also mentioned that
she cannot attend the MRF meeting but has sent in her
comments to the City of Industry.
MPT/Harmony re-emphasized bus rides to the MRF meeting
and asked those planning to attend to notify the City.
He then presented his biography "This is Your Life, Clair
Harmony".
SCHEDULE OF FUTURE EVENTS:
6.1 GENERAL PLAN ADVISORY COMMITTEE - (GPAC) - June 23,
1994 - 7:00 p.m., Heritage Park Community Center,
2900 S. Brea Canyon Rd.
6.2 PARKS & RECREATION COMMISSION - June 23, 1994 -
7:00 p.m., Heritage Park Community Center, 2900 S.
Brea Canyon Rd.
6.3 PLANNING COMMISSION - June 27, 1994 - 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
6.4 GENERAL PLAN ADVISORY COMMITTEE (GPAC) - June 28,
1994 - 7:00 p.m., Heritage Park Community Center,
2900 S. Brea Canyon Rd.
6.5 CONCERT IN THE PARK - June 29, 1994 - 6:30 - 8:00
p.m., El Toro Marine Corp Band - Patriotic Music
Sycamore Canyon Park, 22930 Golden Springs Rd.
6.6 GENERAL PLAN ADVISORY COMMITTEE (GPAC) - June 30,
1994 - 7:00 p.m., Heritage Park Community Center,
2900 S. Brea Canyon Rd.
6.7 4TH OF JULY HOLIDAY -- In Observance City Offices
will be closed Monday, July 4, 1994. Offices will
reopen July 5, 1994.
6.8 CITY COUNCIL MEETING - July 5, 1994 - 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
7. CONSENT CALENDAR:
C/Papen requested that the Clerk correct the Minutes of
May 16, 1994, item 7.1.2, stating that the Agenda was
taken out of order and the Minutes are reflective of the
original agenda. Page 13 states that she left the
meeting early and reflects that she voted on three
additional issues. She also requested that a "no" vote
be recorded for item 7.5.
MPT/Harmony requested that item 7.5 be pulled from the
Consent Calendar.
C/Papen moved, C/Ansari seconded to approve the Consent
Calendar with the exception of the Minutes and Item 7.5.
With the following ]doll Call vote, motion carried:
AYES: COUNCILMEMBERS - Ansari, Papen, Miller,
MPT/Harmony
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - M/Werner
JUNE 21, 1994 PAGE 8
7.2 VOUCHER REGISTER - Approved Voucher Register dated
June 21, 1994 in the amount of $856,577.60.
7.3 TREASURER'S REPORT - Aprils 1994 - Received and
filed.
7.4 Approved Grading Bond reduction for 13 Lot
Subdivision at Diamond Knoll Lane in Tract 47722,
Bond No. 3SM77171800 TO $22,500. and directed the
City Clerk to notify the principals.
7.6 POMONA VALLEY HUMANE SOCIETY AGREEMENT FOR FY
1994-95 - SUPP. #3 -- It was moved by C/Papen,
seconded by C/Ansari to approve Supplement No. 3 to
the agreement with Pomona Valley Humane Society for
FY 94-95 and authorize the Mayor to execute the
agreement.
MATTERS WITHDRAWN FROM CONSENT CALENDAR
7.1 APPROVAL OF MINUTES:
7.1.1 Adjourned Regular Meeting of May 9, 1994
- Referred back to staff for next Council
meeting.
7.1.2 Regular Meeting of May 17, 1994
Referred back to staff for next Council
meeting.
7.5 Resolution No. 94 --XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
DESTRUCTION BY THE CITY CLERK OF CITY RECORDS AND
DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED
UNDER ELECTIONS CODE SECTION 14700 - It was moved
by C/Papen, seconded by C/Ansari to deny adoption
of the proposed Resolution until a General Plan is
in place.
C/Miller stated that it is important to maintain
confidentiality of the individuals who signed these
documents, but the problem will be that 1) the City
Clerk cannot maintain the confidentiality of who
signed them for very much longer and 2) questioned
whether it was necessary for the City to retain the
first petition documents when there is a second
referendum petition which is the valid referendum
against the 1993 General Plan.
CM/Belanger pointed out that it is important to
destroy these records because the City is out of
storage space. He suggested either destruction of
the documents according to this Resolution or the
purchase of another file cabinet.
JUNE 21, 1994
PAGE 9
With the following Roll Call
AYES; COUNCILMEMBERS -
NOES: COUNCILMEMBERS -
ABSENT, COUNCILMEMBERS -
S. PUBLIC BEARINGS; None.
9. OLD BUSINESS;
vote, motion carried-.
Ansari, Papen
MPT/Harmony
Miller
M/Werner
9.1 Second Reading of ORDINANCE NO. 02A(1990)o AN
ORDINANCE 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 - CM/Belanger asked the Council to direct
staff to modify Section 21 to increase fire
extinguisher poundage from 5 pounds to 20 pounds.
MPT/Harmony asked how the Council would deal with
setting of the schedule for trash haulers if this
issue is approved tonight and CM/Belanger stated
that if adopted this evening, it would go into
effect about this time next month.
C/Papen moved, C/Ansari seconded to deny second
reading of Ordinance No. 02A(1990) until the
Council gets the document with proper corrections,
redlined and strikeouts for Council's review. With
the following Roll Call vote, motion carried:
AYES: COUNCILMEMBERS - Ansari, Papen, Miller,
MPT/Harmony
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - M/Werner
9.2 RESOLUTION NO. 94-27: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN
ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING
ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR
1994-95 - CM/Belanger recommended establishment of
a levy for FY 1994-95 of $15.00 per parcel on each
of the 17,383 parcels. He stated that at the last
meeting there was discussion of staff's recommend-
ation and the rational for the recommended amount
of the levy,
ICA/Moseley stated that the Council had a Public
Hearing on June 7, 1994 which was continued to this
meeting. Since this is a continued matter, the
public has a right to comment on continued matters
pursuant to the Brown Act.
MPT/Harmony re --opened the Public Hearing.
JUNE 21, 1994 PAGE 10
Frank Dursa, 2533 Harmony Hill Dr., stated that,
due to the recession, improvement projects should
be stopped and the assessment for District 38 be
lowered.
C/Miller stated that the City needs to continue
with the improvements and that the $1.00
assessment is not a big issue.
CM/Belanger advised the Council that they will be
voting on future capital improvement projects, the
funding plan and the proposal for revenues for
District 38.
C/Papen moved, C/Miller seconded to instruct staff
to prepare the capital improvement program for
District 38 during this next fiscal year and adopt
Resolution No. 94-27: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN
ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING
ASSESSMENT DISTRICT NO, 38 FOR THE FISCAL YEAR
1994-95.
MPT/Harmony stated that the City is charging an
outrageous amount for administrative costs and
feels that $20,000 in reserves is a realistic
amount instead of $63,000.
With the following Roll Call vote, motion carried:
AYES: COUNCILMEMBERS - Ansari, Papen, Miller
NOES: COUNCILMEMBERS - MPT/Harmony
ABSENT: COUNCILMEMBERS - M/Werner
9.3 RESOLUTION NO. 94-28: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN
ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING
ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR
1994-95 - CM/Belanger recommended that the Council
retain the assessment rate of $73.54 on 1,288
parcels located within the district. He stated
that this district,'s revenues are generated through
assessment support for maintenance and operation
activities.
C/Papen asked that because District 39 does not
have enough funds, can this District go in the hole
and next year the assessments be raised.
CM/Belanger advised that staff will be coming back
with recommendations regarding the scope of the
parcel -by -parcel basis and maintenance of the
public areas.
C/Papen questioned if staff will be keeping track
JUNE 21, 1994 PAGE 11
of the time spent on this district and back charge
it to the district and come out with a negative
number.
CM/Belanger advised that they will be keeping track
of the time but will come up with a negative number
which might consider the raise of assessments in
this district.
C/Papers advised that the Council set a policy that
no money from the General Fund would subsidize
landscape districts. She advised that if it is
staff®s intent to subsidize, then the City needs to
keep track of time, etc.
MPT/Harmony re -opened the Public Hearing.
With no public testimony offered, MPT/Harmony
closed the Public Hearing.
ICA/Moseley advised staff to accumulate the
attributable charges on an actual basis, using a
time card method and giving an opportunity to the
Council to revisit this issue if they wish.
C/Papers moved to direct staff to record and charge
back to District 39 the charges of staff time spent
on the District and to set the assessment for
District 39 at $73.50 for the 1994-95 Fiscal Year.
Motion failed for lack of a seconds
C/Miller moved, C/Ansari seconded to direct staff
to track the costs associated with maintenance of
District 39 to be considered for the next
assessment and adopting Resolution No. 94-25
entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY
OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO.
39 FOR THE FISCAL YEAR 1994-95.
C/Papers stated that the motion will take General
Fund money and subsidize the district.
C/ Miller asked CM/Belanger the time frame and when
this decision has to be with the County.
CM/Belanger advised that the levy has to be to the
County before their first meeting in Augusto
With the following Roll Call vote, motion carried:
AYES: COUNCILMEMBERS - Miller, Ansari, Papen,
MPT/Harmony
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - M/Werner
JUNE 21, 1994 PAGE 12
9.4 RESOLUTION NO. 94-29: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN
ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING
ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR
1994-95 -- CM/Belanger recommended an assessment of
$220.50 on 563 parcels for FY94-95 to generate an
approximate total of $124,000 to fund district
activities. He pointed out that the Engineer's
Report of the financial analysis shows "zero19 for
personnel services as shown in the reserves.
MPT/Harmony re -opened the Public Hearing.
With no public testimony being offered, MPT/Harmony
closed the Public Hearing,
C/Miller moved, C/Ansari seconded to adopt
Resolution No. 94-29 entitled: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN
ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING
ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR
1994-95.
C/Papers asked if the motion includes having staff
time appropriated to charge back to the district.
C/Miller advised that it would as with the last
motion, keeping track of time.
With the following Roll Call vote, motion carried:
AYES: COUNCILMEMBERS - Miller, Ansari, Papen,
MPT/Harmony
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - M/Werner
10.2 STATUS REPORT AND REQUEST FOR LEGAL, COUNSEL
SPECIALIZING IN ENVIRONMENTAL MATTERS RE: TO
SUPPORT EFFORTS OF INDUSTRY MATERIALS RECOVERY
FACILITY COMMITTEE - The Council agreed to suspend
the agenda and discuss this item before continuing
with the remainder of Old Business matters.
Steve Britt, Chairman, D.B. Technical Subcommittee,
reported that the committee's memorandum dated May
28, 1994 stated there is a legal cut-off date of
July 5, 1994 and submitted comments regarding the
environment impact needs to be completed. He
requested, that the City retain LG&E attorney firm
for liaison work on this issue.
CM/Belanger stated that he has been in contact with
Mr. Trumbull and he has already begun working with
LG&E to provide the kind of information that Mr.
Britt has indicated the committee would like to
JUNE 21, 1994
PAGE 13
see. That information would be a part of the
material submitted to the City of Industry and the
commentary on the draft environment impact on the
MRF.
C/Papers moved, C/Ansari seconded to approve
expenditure from the special legal services fund
in order to retain legal services to review the
proposed Industry Materials Recovery Facility and
corresponding environmental documentations further,
to authorize the City Manager to execute an
agreement with the Trumbull Law Firm to
provide: a) a detailed legal analysis of the Draft
Environmental Impact Report; 2) to prepare written
comments emphasizing the major non-CEQA related
issues® 3) to coordinate written and oral comments
with the City's environmental consultant, LG&E
Power Engineers and Constructors, Inc.; and 4) to
prepare an outline of litigation issues and
concerns associated with the City's opposition to
the project. With the following Roll Call vote,
motion carried:
AYES: COUNCILMEMBERS - Miller, Ansari, Papen,
MPT/Harmony
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - M/Werner
9.8 FUNDING OF THURSDAY AND SATURDAY LIBRARY SERVICES
FOR FY 94-95 - ACM/Usher reported that $70,000
needs to be allocated to keep the Library open on
Thursdays and Saturdays throughout the remainder of
the fiscal year. He advised that a budget sum of
$160,000 for FY 1994-95 will be sufficient in
keeping the Library open on Thursdays and
Saturdays,
C/Miller moved, C/Ansari seconded to authorize the
Mayor to execute an agreement with the Library
administration for funding the D.B. Branch
operations on Thursdays and Saturdays during FY
94-95 in an amount not to exceed $160,000.
C/Papen suggested amending the motion to include
the intent of the Council to continue the
children's library program with the services of
Mrs. Gilliam Ray as the children's librarian.
C/Miller and C/Ansari agreed to amend their motion.
With the following Roll Call vote, motion carried:
AYES: COUNCILMEMBERS - Miller, Ansari, Papen,
MPT/Harmony
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - M/Werner
JUNE 21, 1994
PAGE 14
9.5 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 -
Continued to June 28, 1994.
9.6 RESOLUTION NO. 94-30: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, SETTING THE
APPROPRIATIONS LIMIT FOR FISCAL YEAR 1994-95 FOR
THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE
PROVISIONS OF DIVISION 9 OF TITLE I OF THE
CALIFORNIA GOVERNMENT CODE - It was moved by
C/Papers, seconded by MPT/Harmony to adopt
Resolution No. 94-30. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Ansari, Miller, Papen,
MPT/Harmony
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: M/Werner
9.7 RESOLUTION NO. 94-31: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, ADOPTING THE
STATEMENT OF INVESTMENT POLICY - C/Miller moved,
C/Ansari seconded to adopt Resolution No. 94-31.
With the following Roll Call vote, motion carried:
AYES: COUNCILMEMBERS - Miller, Ansari, Papen,
MPT/Harmony
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - M/Werner
9.9 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING
NAMES OF COUNCIL MEMBERS - Continued to July 5,
1994.
9. 10 SELECTION OF CITY ATTORNEY - C/Papen stated that
this item requires that the City Council set a
Closed Session for interviews with prospective
firms.
Following discussion it was agreed that the City
Manager would set up interviews for the second week
in July.
9. 11 DISCUSSION RE: COUNCIL SUB -COMMITTEE FOR LIBRARY
SERVICES - Continued to July 5, 1994.
JUNE 21, 1994 PAGE 15
9.12 DISCUSSION RE: ORDER OF AGENDA ITEMS, BEGINNING
TIME FOR REGULAR CITY COUNCIL MEE'T'INGS, AND OTHER
ISSUES RELATED TO THE CONDUCT OF CITY COUNCIL
MEETINGS - Continued to July 5, 1994.
9.13 BROWN ACT EFFECT UPON CITY COUNCIL, LESS THAN A
QUORUM Continued to July 5, 1994.
9.14 DISCUSSION RE: CITY COUNCIL SUB COMMITTEE
ASSIGNMENTS - Continued to July 5, 1994.
9.15 CITY ATTORNEY REQUEST FOR DIRECTION ON AMICUS
CURIAE MATTERS - Continued to July 5, 1994.
10. NEW BUSINESS:
10.1 AWARD OF CONTRACT FOR AUDITING SERVICES - Continued
to July 5, 1994.
is .fC3sCzv
12. CLOSED SESSION: None.
13. ADJOURNMENT." There being no further business to conduct,
the meeting was adjourned at 11:02 p.m. to June 28, 1994
at 7:00 p.m. for discussion of the budget.
(:;-s� v��'
L DA BURGESS, City Clerk