Loading...
HomeMy WebLinkAbout02/06/1990 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 6, 1990 CALL TO ORDER: M/Papen called the meeting to order at 6:05 p.m. in the Council Chambers, W.V.U.S.D., 880 S. Lemon Avenue, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance ALLEGIANCE: by Councilman Miller. ROLL CALL: Mayor Papen, Mayor Pro Tem Horcher, Councilmen Miller, Werner and Forbing. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski and City Clerk Lynda Burgess. PUBLIC COMMENTS: Mr. Gene Domeno, Principal of Neil Armstrong Elementary School, reported to the Council regarding the school's nomination in the California Recognition Program and nomination for national honors and presented each Councilmember with a Distinguished California pin and ribbon. CONSENT CALENDAR: C/Miller moved, seconded by C/Werner to approve the Consent Calendar with the exclusion of Items No. 3, Warrant Register and No. 13, Approval of Final Map No. 45678 (A & R Leasing and Investment, i Inc. Motion carried by the following Roll Call vote: Schedule Future Meetings Approval of Minutes Treasurer's Reports AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None A. Parks and Recreation Commission - February 8, 1990 - 7:00 p.m. - Heritage Park B. Planning Commission - February 12, 1990 - 7:00 p.m. - W.V.U.S.D. Board Room, 880 S. Lemon Avenue C. Anniversary Committee - February 13, 1990 - 7:00 p.m. - City Hall Conference Room D. General Planning Advisory Committee - February 15, 1990 - 7:00 p.m. - Ramada Inn E. Traffic and Transportation Committee - March 1, 1990 - 7:00 p.m. - City Hall Conference Room F. Walnut Valley Water District Tour - April 24- 26, 1990 Approved Minutes of January 16, 1990. Approved Treasurer's Reports for months of November and December, 1989. FEBRUARY 6, 1990 PAGE 2 Annual Financial Received and filed Comprehensive Annual Report Financial Report with notation that there is still an issue whether or not revenue is credited toward the City's long-term debt and that the matter has not been resolved. P & R Commission Received and filed Parks and Recreation Minutes Commission Minutes of December 14, 1989. Proclamation - Proclaimed the Month of January, 1990 as Month of January "Purchase Work Gloves" Month in conjunction 1990 as "Purchase with the Year -Long Earthquake Survival Work Gloves" Program in Southern California. Month. Proclamation - Proclaimed the Month of February, 1990 as Month of February "Self -Esteem and Responsibility Awareness 1990 as "Self Month." Esteem and Responsibility Awareness Month" Resolution 90-15 Adopted Resolution No. 90-15 entitled: A Supporting W.V. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Water District DIAMOND BAR SUPPORTING THE WALNUT VALLEY Re Svc to WATER DISTRICT REGARDING WATER SERVICE TO THE Firestone Res. FIRESTONE RESERVATION. Chino Hills Approved amendments to initial contracts with Parkway Phase I JayKim Engineering and Ron Kranzer and Design/Plan Associates to reflect modifications in scope Checking of work. Amendment to Approved amendment to contract with Agreement - Pacesetters to include Planning duties; Pacesetters directed staff to evaluate the Planning Services contract during the next six months and bring back at the first meeting in August and appointed Dennis Tarango as Acting Planning Director. Addition of Two Authorized addition of the positions of Positions Assistant City Manager, salary range $3450 - $4400 per month and Administrative Analyst, salary range $1652 - $2007 per month. Warrant Register Following an inquiry by MPT/Horcher regarding the use of one insurance broker for the City's coverage, CM/Van Nort stated that the Joint Powers Insurance Authority has been requested to provide a proposal which should be brought before the Council within the next 30-45 days. The City could go out for competitive bidding on this matter. FEBRUARY 6, 1990 PAGE 3 MPT/Horcher moved, seconded by C/Werner to approve the Warrant Register dated February 6, 1990 in the amount of $545,042.02. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Approval of Final Following discussion and with the consent of the Map No. 45678 applicant, Ernie Del Rey, 23443 E. Amberwick (A & R Leasing Place, the matter was continued until February 20, and Investment, 1990. Inc.) SPECIAL PRESENTATIONS: Receipt of Plaque M/Papen displayed a Plaque received from the City from City of of Artesia "Honoring the People of Diamond Bar for Artesia Taking Control of Their Destiny by Incorporating as the City of Diamond Bar on April 18, 1989." OLD BUSINESS: Mobil Oil Brian Rechsteiner, 3800 W. Alameda, Burbank, Corporation representing the Mobil Oil Corporation, stated Project that the proposed car wash was approved through a Conditional Use Permit issued by the County. The agreement is intended to protect the neighbors from the noise from the car wash as well as from freeway noise. The company will be installing shutters and/or double -paned glass windows on the homes of the neighbors adjacent to the car was site. Following discussion, it was agreed by consensus of Council that this matter be continued to the meeting of February 20, 1990 with direction that staff and representatives from Mobil Oil Corporation meet to discuss approvals previously issued by the County. Mediation Clause Following discussion, it was moved by C/Forbing, seconded by C/Miller to approve the Mediation Clause to be inserted in contracts and agreements entered into by the City with the exception of public works contracts. Motion carried by the following Roll Call Vote: AYES: Councilmen - Forbing, Miller, M/Papen NOES: Councilmen - Werner, MPT/Horcher ABSENT: Councilmen - None FEBRUARY 6, 1990 PAGE 4 Joint Powers Following discussion, it was moved by Agreement - C/Forbing, seconded by C/Miller to Cities of Walnut, approve the Joint Powers Agreement with the Diamond Bar & Cities of Walnut and Diamond Bar and the W.V.U.S.D. for Walnut Unified District for recreational Recreation Svcs. services for fiscal year 1990-91; direct 1990-91 Parks and Recreation to oversee the agreement to include: a) appointing two Commissioners to the Advisory Committee; b) select four parks within Diamond Bar for programs.to ensure all segments of the community are represented; c) develop a recreation program through the auspices of the Joint Powers Authority with limitations contained therein up to $162,000 - General Fund and up to $50,000 Prop A Funds and d) directing the Parks and Recreation Commission to study the program over the next several months. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None General Plan It was moved by C/Werner, seconded by C/ Advisory Miller to confirm appointments recommended Committee by M/Papen of Mr. David Myers, Mr. Donald Appointments Taylor and Mr. Pat McGinn to serve on the General Plan Advisory Committee to fill vacancies currently existing. Motion carried unanimously. RECESS: M/Papen declared a Recess at 7:10 p.m. RECONVENE: M/Papen reconvened the meeting at 7:30 p.m. NEW BUSINESS: Solid Waste Joann Saul, Financial Management Assistant, Ordinance reported that, through the passage of AB 939, a waste reduction must be shown by 1995 of 25% and by the year 2000, a reduction of 50%. The proposed Ordinance would begin the recycling process but may need expansion later on by doing joint solutions including waste -by -rail, a proposal for a franchise, etc. Cost figures for any of the proposals are unknown at this time and the clean-up legislation on AB 939 is also unknown at this time. The following waste haulers were present: Al Simonian, Western Waste; Eileen Kleinfelter, FEBRUARY 6, 1990 PAGE 5 Community Disposal; Ray Anderson, Waste Management; David Fahrion, Duran and Sons and Greg Short, Browning/Ferris Industries. CA/Arczynski pointed out that the proposed Ordinance was modeled after an Ordinance adopted by the County some time ago; therefore, waste haulers operating in the County should be familiar with its provisions. In response to an inquiry by C/Forbing, Ms. Saul stated that the draft Request for Proposals was prepared by the City's Interns last summer using the Cities of Duarte and Santa Monica as models. Mr. Greg Short, Browning/Ferris Industries, 215 N. Marengo, Pasadena, expressed his company's interest in presenting a proposal to the City and providing assistance in complying with AB 939. Mr. Al Simonian, Vice President, Western Waste Industries, 3005 Leticia Dr., Hacienda Heights, made a slide presentation regarding his company's ability to comply with all recycling and waste disposal needs. He presented a proposal package to the Council for recycling, curbside collection and composting through a public/private partner- ship whereby Western Waste is willing to enter into a franchise agreement. He displayed a check made out to the City in the amount of $100,000 to show good faith in his company's willingness to work with the City. He further stated that his company would give the City 30% of the profits on all recycled materials in addition to a franchise fee of 6% for all revenues billed and collected. Mr. Frank Dursa, 2533 Harmony Hill Dr., stated that he is presently paying $8.00 per month for trash collection and that if a franchise is approved, he will be paying a 6% franchise fee. Mr. Greg Short, Browning/Ferris Industries, stated that his company can provide an equally comprehen- sive program. Ms. Eileen Kleinfelter, Community Disposal, indicated that each hauler present is more than capable in providing the City's needs but that process needs to be taken in this matter. Mr. Ray Anderson, Websters Disposal, suggested that the Council take its time in reviewing all proposals. FEBRUARY 6, 1990 PAGE 6 Mr. David Fahrion, Duran & Sons, stated that, in his opinion, the Request for Proposals process is the most equitable manner for handling an issue such as this. Mr. Red Calkins stated that if the City were to negotiate a franchise with one hauler, it would be taking away the freedom of choice of the citizens. Mr. Al Rumpilla stated that he attended two of the public meetings held regarding solid waste and stated that the agreement reached in these meetings was that the City should not rush into this matter and that the City should wait to see how the State would be handling it. He did not want to see any one company obtaining a franchise because it would interfere with free enterprise. It was moved by C/Forbing, seconded by C/Miller to direct staff to prepare the Request for Proposals to include any necessary changes based on input from the Council or the public, bring it back for Council approval on February 20, 1990, direct the City Manager to schedule a meeting with the prospective proposers for approximately March 1st or 2nd and direct that the proposals be returned to City Hall on April 6, 1990. Motion carried unanimously. PUBLIC HEARINGS: Tentative Tract Mr. Ron Kranzer, City Engineer, explained Map 31977 that this matter had been continued from the Resolution 90-16 meeting of January 16, 1990. He stated that the 16 acres under consideration would prob- ably have been approved with the original Tentative Map had there not been disputes with several property owners. All the streets and infrastructure have been com- pleted. It was his opinion that the developer had shown good faith in attempting to negotiate with the two adjacent property owners to resolve the difficulties arising out of their parcels not being a part of this project. It is hoped that after the approval of the Tentative Map and before the recording of the Final Map, these disputes can be resolved. A lot line adjustment may be required before the Final Map is approved. M/Papen opened the Public Hearing. There being no one present wishing to speak, FEBRUARY 6, 1990 PAGE 7 �I M/Papen closed the Public Hearing. It was moved by C/Werner, seconded by C/Miller to conditionally approve Tentative Tract Map 31977 declaring that the Environmental Impact Report adopted under Tract Map 36730 is sufficient to the needs of this tentative tract and adopted Resolution No. 90-16 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE TRACT MAP NUMBER 31977 FOR THE SUBDIVIDING OF 16 ACRES INTO 22 LOTS GENERALLY LOCATED ALONG HIGHCREST DRIVE AND GOLDRUSH DRIVE. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Conflict of At M/Papen's request, CA/Arczynski explained the Interest Code for differences between the Conflict of Interest City Employees filing requirements for designated employees Resolution 89-97B versus public officials, i.e., City Council, City Manager., City Attorney, City Planner, City Treasurer who are required to file Statements with the Fair Political Practices Commission as specified in the Government Code. M/Papen opened the Public Hearing. Mr. Don Gravdahl requested clarification as to how "deep" the City requirements will be. CA/Arczynski stated that the 730 Conflict of Interest form required to be filed of designated employees with the City Clerk contains approximately six different disclosure categories: real property interests, income interests, income from businesses, etc. The question is, under which category is one required to disclose? For example, a member of the General Plan Advisory Committee would be required to disclose only property interests. Mr. Al Rumpilla stated that he requested the City to look into including every commission and committee in order to protect the City from future lawsuits dealing with conflicts of interest. There being no further testimony on the matter, M/Papen closed the Public Hearing. FEBRUARY 6, 1990 PAGE 8 C/Forbing moved, seconded by C/Werner to adopt Resolution No. 89-97B entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CONFLICT OF INTEREST CODE FOR CITY EMPLOYEES. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Fees for Copies M/Papen opened the Public Hearing. of Public Documents Mr. Gary Neely, 344 Canoecove Dr., read a letter from Mr. Robert E. Hickey opposing the proposal to charge the residents of Diamond Bar "for copies of information that's vital to their information and understanding of factors affecting the economic health and operation of our City." Mr. Neely further stated that the one Council agenda packet currently being given to the public free of charge is shared by one physically handicapped person and one senior citizen and that between them, more publicity regarding the City's activities is distributed that through the two packets available to the public at the Library and City Hall. Mr. Frank Dursa, 2533 Harmony Hill Dr., suggested that this was a move to "muzzle" the public and keep the activities of the City from the public. Mr. Al Rumpilla distributed copies of letters from other residents to the Council and the press. He stated that the residents already pay for the agenda packets through their taxes and that this would represent a double - tax upon the public. The letters were signed by the following: Josephine and Philip Martinico Barbara L. and Teddy C. Thurlo Margaret Edwards Ronald and Patty Hansen Robert E. and Hilda N. Troxel Bettie M. Kent Thomas G. Mokate Lavinia Rowland Cleve Holifield Janett S. Hall Red Calkins FEBRUARY 6, 1990 PAGE 9 Philip F. and Evelyn L. Kuida M. Davis C.L. Hall There being no further public testimony, M/Papen closed the Public Hearing. It was moved by C/Werner, seconded by MPT/Horcher to table this matter until such time as staff can prove abuse of the system. Following discussion, MPT/Horcher withdrew his second. It was moved by C/Werner to amend the proposed Resolution to add an additional exclusion of "the current agenda packet" along with a cost break for senior citizens or handicapped persons. Motion died for lack of a second. MPT/Horcher moved and M/Papen seconded the motion to table this item. Motion carried unanimously. NEW BUSINESS: Plans & Specs Mr. Bob Morganstern, Kranzer and Associates, for Landscaping stated that the plans and specifications were of Medians - drawn up by the County and modified by City staff Diamond Bar Blvd. with landscaping proposed to be completed in four Resolution 90-17 phases: Diamond Bar Blvd. south - Phase I, Diamond Bar Blvd. south - Phase II, Diamond Bar Blvd. center - Phase II and Diamond Bar Blvd. center Phase III. Following discussion, it was moved by M/Papen, seconded by C/Werner to 1) adopt Resolution No. 90-17 entitled: A RESOLUTION OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS, AS AMENDED, FOR LANDSCAPING OF MEDIANS ON DIAMOND BAR BLVD. AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS; 2) set February 27, 1990 at 10:00 a.m. as the date and time on which to receive bids and 3) instruct the City Clerk to advertise. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Commission Following discussion, it was agreed that the Policy sample policy be forwarded to the City's Commissioners for their review and return for Council adoption at a later date. FEBRUARY 6, 1990 PAGE 10 Agreement - Joe It was moved by C/Werner, seconded by A. Gonsalves & C/Forbing to approve an agreement with Joe A. Sons - Legislative Gonsalves and Sons at a monthly rate of Advocacy $2,000 with a 30 -day cancellation clause and direct that his initial assignment be to represent the City in seeking legislation addressing the City's property tax for 1989- 90. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Agreement - It was moved by M/Papen, seconded by Management/ C/Forbing to retain the services of Development Management/Development Specialists in the Specialists - amount of $13,500 for preparation of the Redevelopment initial study regarding the feasibility of Agency Study establishing a Redevelopment Agency and limit the study to Phase I. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, M/Papen NOES: COUNCILMEN - MPT/Horcher ABSENT: COUNCILMEN - None Agreement - It was moved by C/Forbing, seconded by Planning Network - C/Miller to authorize Phase I only of The Phase I General Planning Network General Plan proposal in an Plan amount not to exceed $42,500. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, M/Papen NOES: COUNCILMEN - MPT/Horcher ABSENT: COUNCILMEN - None Grand Avenue Mr. Ron Kranzer, City Engineer, presented the Signal following concepts for improving traffic Improvements control systems on Grand Ave. and Diamond Bar Blvd.: 1) Modify the traffic signal system on Grand Ave. at Diamond Bar Blvd. to include: a) Left turn phasing for Grand Ave. b) Providing double left turn lanes on Diamond Bar Blvd. 2) Modify median islands on Diamond Bar Blvd. to accommodate the double left turn lanes and the third through lane. FEBRUARY 6, 1990 PAGE 11 MPT/Horcher requested a Point of Order regarding two apparent violations of the Brown Act and requested a ruling from the City Attorney as to 3) Move existing RTD bus stop to the far side of the intersection --southeast corner to northeast corner (RTD has already done their part based upon previous Council action and staff is presently working with bench companies for their relocation.) 4) Add third northbound lane on Diamond Bar Blvd. from Quail Summit Dr. to Creek Canyon Dr. and prohibit parking on the east side of Diamond Bar Blvd. from 4 to 7 p.m. weekdays between said limits. 5) Reduce bike lane on the east side of Diamond Bar Blvd. to 5 or 6 feet between said limits. Following discussion, it was moved by C/Forbing, seconded by C/Miller to approve the concepts as recommended by the City Engineer. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Supporting 1990 It was moved by C/Forbing, seconded by C/Werner to Census - adopt Resolution No. 90-18 entitled: A RESOLUTION Resolution 90-18 OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE 1990 CENSUS AND CONFIRMING THE CONFIDENTIALITY OF THE CENSUS COLLECTION PROCESS. Motion carried unanimously. County Lighting It was moved by C/Forbing, seconded by C/Miller to District LLA -1 adopt Resolution No. 90-19 entitled: A RESOLUTION Resolution 90-19 OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CONSENTING TO THE FORMATION OF A CITY ZONE WITHIN COUNTY LIGHTING DISTRICT LLA -1 FOR THE PURPOSE OF FUNDING THE ADMINISTRATION, OPERATION AND MAINTENANCE OF STREET LIGHTING IN THE CITY ZONE, AND CONSENTING TO THE ASSUMPTION OF JURISDICTION BY THE COUNTY OF LOS ANGELES. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Council M/Papen explained that this matter was placed Organization on the Agenda at her request and moved to declare the seat of Mayor Pro Tem vacant effective - immediately. MPT/Horcher requested a Point of Order regarding two apparent violations of the Brown Act and requested a ruling from the City Attorney as to FEBRUARY 6, 1990 PAGE 12 whether his Point of Order would take precedence over the motion on the floor. CA/Arczynski replied that the Point of Order does not take precedence unless it is on the topic of the motion. MPT/Horcher stated that the description of this item on the Agenda is unclear and that the public would not know the meaning behind it and is thus defective as to adequate public notice under the Brown Act. He requested a ruling on the Brown Act. CA/Arczynski stated that the Brown Act "requires that generic notice may be provided the public that a matter may come up for discussion or decision. It doesn't need to be precise." C/Forbing seconded the motion. Mr. Frank Dursa complimented Mr. Horcher in revealing a potential conflict of interest in the negotiations that took place for the opening of Grand Ave. He questioned various alleged discussions as possible Brown Act violations. Mr. Al Rumpilla read portions of an article from the Daily Tribune published February 4, 1990 stating that three members of the Council were in favor of voting on the matter. He wanted to know when, where or if a closed session took place on this matter. Mr. Bruce Flamenbaum, 1227 Bramford Ct., stated that he had been to two public meetings last year in which Grand Ave. was discussed and in which C/Miller disclosed property holdings in Chino Hills and that the property was in escrow. C/Miller pointed out that he had disclosed his property interest in Chino Hills by Los Serranos Golf Course on numerous occasions at public meetings and that he had informed each member of the Council individually. He stated that he welcomed any investigation into the matter by the Fair Political Practices Commission. Mr. Werner pointed out that the newpaper article referred to by Mr. Rumpilla was in error as he was never in favor of discussing FEBRUARY 6, 1990 PAGE 13 this matter. He stated his belief that the negotiating team for the City was acting in the best interests of the City and that the agreement is not "tainted." M/Papen read a portion of a report prepared by the California State Legislature's Senate Local Government Committee's Report on Your Guide to Open Meetings - The Ralph M. Brown Act. Victor Ochoa, 1224 Bramford Ct., stated that he was a member of the Concerned Citizens for Diamond Bar, Traffic Control. He indicated that he attended the MAC meetings and that the MAC could not do anything to keep Grand Ave. from opening so the citizens erected the barricades to keep traffic from coming through until proper roads and signs were in place. He verified that C/Miller had indicated his property interests in Chino Hills at that time. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, M/Papen NOES: COUNCILMEN - MPT/Horcher ABSENT: COUNCILMEN - None C/Forbing nominated Gary Werner as Mayor Pro Tem and C/Miller seconded the nomination. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, M/Papen NOES: COUNCILMEN - MPT/Horcher ABSENT: COUNCILMEN - None ANNOUNCEMENTS: C/Forbing stated that the Development Review process would be on the March 6, 1990 Agenda. ADJOURNMENT: There being no further business, M/Papen adjourned the meeting at 11:10 p.m. Respectful —y -submitted, 4YA ,UT GESS City Clerk - ATTEST: MAYOR