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HomeMy WebLinkAbout07/17/1990 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JULY 17, 1990 CALL TO ORDER: M/Werner called the meeting to order at 6:00 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 Kim. ROLL CALL: Councilmen Papen, Kim, Horcher, Mayor Pro Tem Forbing and Mayor Werner. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski and City Clerk Lynda Burgess. COUNCIL COMMENTS: M/Werner announced that the Metro Rail Blue Line is now operating between Long Beach and Los Angeles. PUBLIC COMMENTS: Mr. Lloyd Duncan, Comprehensive Property Management, 8316 Downey Ave., Downey, stated that his firm represents the Montefino Homeowners Association located at Montefino and Grand Avenue. The homeowners have expressed concern regarding _ their ability to exit Montefino onto Grand Avenue which will become more severe when Grand Avenue is opened in September. It was requested that a signal be installed at this intersection. Mr. Jack Istic, Assistant City Engineer, indicated that the project will be going out to bid in August with installation of the signal to be complete near the time that Grand Avenue opening takes place. CM/Van Nort further indicated that this signal will be controlled by the Fire Station during those times when emergency vehicles are being deployed. CLOSED SESSION: M/Werner recessed the meeting to Closed Session for discussion of personnel matters at 6:06 p.m. RECONVENE: M/Werner reconvened the meeting at 6:11 p.m. CONSENT CALENDAR: C/Horcher moved, seconded by C/Kim to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Papen, Kim, Horcher, f MPT/Forbing, M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None JULY 17, 1990 PAGE 2 Schedule Future A. General Planning Advisory Committee - Meetings July 19, 1990 - 7:00 p.m., Ramada Inn B. Planning Commission - July 23, 1990 - 6:30 p.m., W.V.U.S.D. Board Room C. Area "D" Civil Defense Meeting - July 25, 1990 - 7:30 p.m., Walnut Sheriff Station, Assembly Room D. Parks and Recreation Commission - July 26, 1990 - 6:30 p.m., Community Room, 1061 Grand Ave. E. Adjourned Regular City Council Meeting - July 31, 1990 - 6:00 p.m. - W.V.U.S.D. Board Room F. Traffic and Transportation Committee - August 2, 1990 - 6:30 p.m., Community Room, 1061 Grand Ave. G. Regular City Council Meeting - August 7, 1990 - 6:00 p.m., W.V.U.S.D. Board Room H. Planning Commission Study Session - August 2, 1990 - 9:00 a.m., Days Hotel Conference Room I. Parks and Recreation Commission Study Session - August 9, 1990 - 6:30 p.m., City Hall J. Planning Commission - August 13, 1990 - 6:30 p.m., W.V.U.S.D. Board Room Warrant Register Approved Warrant Register dated July 17, 1990 July 17, 1990 in the amount of $82,077.52 Treasurer's Report Received and filed the Treasurer's Report for May, 1990 the month of May, 1990. Bond Exoneration Exonerated Surety Bond No. U 762619 for Road Road Improvements Improvements, Tract No. 45345, vicinity of Tract No. 45345 Diamond Bar Blvd. and Cold Springs In. Bond Reductions Reduced the following Surety Bonds: Storm Drain/ 1) Storm Drain/Drainage Improvements, Drainage Imps. Private Drain No. 1668, Unit III, Tract Tract No. 41305 41305, vicinity of Montefino and Grand. Original Storm Drain amount $278,000, reduced Surety Bond by $20,300; Road Improvements 2) Road Improvements, Tract No. 44824, Tract No. 44824 vicinity of Rim Lane and Peaceful Hills Road. Original amount $496,700, reduced Surety Bond by $249,400; Storm Drain/ 3) Storm Drain/Drainage Improvements, Drainage Imps. Private Drain No. 2094, Tract No. 44824, Tract No. 44824 vicinity of Pathfinder Rd. and Brea Canyon Rd. Original Storm Drain amount $44,000, reduced Surety Bond by $33,000. JULY 17, 1990 PAGE 3 OLD BUSINESS: Solid Waste C/Horcher announced that he was advised by the Franchise City Attorney that he had a conflict which forbade him from participating in and voting on this matter. MPT/Forbing announced that he was advised by the City Attorney that he had a conflict which forbade him from participating in and voting on this matter. CM/Van Nort distributed copies of the City's Residential Trash Rate Survey prepared by staff. He offered an alternative solution to the decisions to be made by the Council at this time: 1) select a number of solid waste firms to negotiate contracts with; 2) in addition, that staff consider recommending that the Council direct that the matter be re -bid with clear milestones and clear measures to be used for analysis. r-- C/Kim, C/Papen and M/Werner rejected the proposal to obtain new bids on this project. C/Horcher and MPT/Forbing left the meeting at 6:20 p.m. Mr. Ralph Hofer, Community Disposal, 14048 Valley Blvd., Industry, spoke regarding his firm's ability to handle the City's waste hauling needs at the least cost to the residents. Mr. Al Simonian, Western Waste Industries, 3005 Leticia Dr., Hacienda Heights, stated that his firm has been doing business in the City for the past two years wherein none of the other proposers have done so. The proposal includes compliance with all elements of AB939 which are included in the proposed rates. Some of the other proposals do not include compliance in their rates. Mr. Red Calkins, 240 Eagle Nest Dr., suggested that since the State passed the law (AB939), let the State tell the City how to comply. In addition, citizens of the City must insist on having the freedom to choose whichever waste -- hauler they prefer. The franchise fee being requested is looked upon as another attempt for the City to raise taxes. JULY 17, 1990 PAGE 4 Mr. Chuck Martin, 444 N. Red Cloud Dr., stated that he has used Western Waste over the past few years at a lesser rate than the original hauler and with much better, cleaner service. Mr. Lloyd Duncan, Comprehensive Property Management, representing Montefino and Fall Creek Homeowners Associations, stated that franchising has consistently proven to be more expensive than contracting with trash haulers individually. In his opinion, the proposed fees are way out of line with the market and the franchising fees should warrant lower market rates to the consumer. In response to questions posed by Mr. Jim Paul, 1269 Ahtena Dr., CA/Arczynski stated that State law very clearly states that persons accepting contributions while campaigning for elective office are not prohibited from voting on such issues involving possible contributors once elected to office. Mr. Frank Dursa, 2533 Harmony Hill Dr., reminded Council that when they ran for election, they promised not to raise taxes. In his opinion, the franchise fee is nothing but an additional tax. He feels that compet- ition is good for business and keeps fees down. He further stated that he had recently received information that he turned over to the City Manager. Part of the information alleges that C/Papen's "fiancee" does public relations work for Western Waste --does this constitute a conflict of interest? CA/Arczynski stated that, after lengthy discussions with the Fair Political Practices Commission on this matter, in his opinion, C/Papen does not have a conflict of interest. C/Papen further stated that she is not currently "engaged." Mr. Don Gravdahl, 23988 Minnequa, stated that he had prepared a survey asking homeowners to indicate the type of service they would like to have, copies of which will be available at City Hall tomorrow. Mr. David Cope, 316 S. Del Sol In., expressed concern over the collection of a franchise fee. JULY 17, 1990 PAGE 5 Mr. John A. Bush, 547 Great Bend, expressed support for awarding the franchise to Western Waste. Mr. Clair Harmony, 24139 Afamado Ln., suggested that C/Papen withdraw from further discussion or voting on this matter due to the "appearance" of a conflict of interest. Ms. Carol Adams, Box 4144, D.B., representing the D.B. Tennis Club/The Highlands congratulated the Council on taking a "pro -active" stance on addressing the issues involved with AB939. She stated that the Tennis Club is currently nego- tiating with a new trash hauler and requested information regarding how the Club's contract will be affected by the City's franchise. M/Werner stated that there is a five-year phase- out involving those haulers currently doing business in the City. CA/Arczynski indicated that Ms. Adams questions are dependant upon the Council's decision regarding the franchise but that he would get in touch with her the next day �i to give her some broad parameters. Ms. Sunny Martindale, 1333 Rapidview Dr., also expressed concern over the City's need to charge a franchise fee and stated that it seems to be another tax on the citizens. Mr. Al Rumpilla, 23958 Golden Springs Dr., presented a petition signed by 360 residents demanding to "stop the award of a franchise for trash pickup in the City of Diamond Bar." M/Werner stated that the franchise fee recommended by staff is 5%, not 10% as stated in the petition. Ms. Cindy Futrell, 2591 Steeplechase Ln., stated that not enough citizens are aware of what the City is proposing. RECESS: M/Werner recessed the meeting at 7:52 p.m. RECONVENE: M/Werner reconvened the meeting at 7:58 p.m. Mrs. Sue Page pointed out that there are several firms in the City who provide services to the community without charge and requested that the Council take these charitable services under consideration when deciding which firms to award contracts to. JULY 17, 1990 PAGE 6 C/Kim explained that the City will be using the proposed franchise fee for purposes of monitoring of the waste haulers' recycling efforts to ensure compliance with AB939. The fee will only be used for this purpose, not for any other projects the City may be interested. C/Kim recommended that Community Disposal and Western Waste be further analyzed by staff for a recommendation as to their rates once a complete comparison is accomplished. Motion seconded by M/Werner. C/Van Nort suggested that the Council extend the August 1st cutoff date for local haulers to enroll new customers to September 1st and that staff will put together a packet for the July 31st meeting including the scope, etc. Following that, staff would meet with the two firms and make a recommendation to Council on August 21st to be effective September 1st. C/Kim and M/Werner agreed to amend the motion _ to include the recommendations made by CM/Van Nort. Motion carried unanimously. RECESS: M/Werner recessed the meeting at 8:20 p.m. RECONVENE: MPT/Forbing reconvened the meeting at 8:32 p.m. Bid Award Assistant City Engineer Bob Morganstern Median Reconstruction reported that on June 26, 1990, all bids for Landscaping and this project were rejected and staff was Traffic Signal directed to seek new bids. New bids were Modifications - received on July 16, 1990. Diamond Bar Blvd. at Grand Ave. Following discussion, it was moved by C/Horcher, seconded by C/Kim to award the bid to Artistic Landscape in the amount of $145,633.13. Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Papen, Kim, Horcher, MPT/Forbing NOES: COUNCILMEN: None ABSENT: COUNCILMEN: M/Werner M/Werner returned to the meeting at 8:37 p.m. JULY 17, 1990 Resolution CUP 89528 Diamond Bar 90-67 Honda Appointment to Traffic and Transportation Commission Dr. Alba Moesser PUBLIC HEARINGS: Ordinance 8 (1990) Building Code, Plumbing Code & Mechanical Code PAGE 7 Following discussion regarding signage, it was moved by C/Horcher, seconded by MPT/Forbing to adopt Resolution No. 90-67 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 89528 FOR THE DEVELOPMENT OF A COMMERCIAL COMPLEX TO INCLUDE A RESTAURANT, AUTOMATED CAR WASH, THE EXPANSION OF THE EXISTING DIAMOND BAR HONDA DEALERSHIP FACILITY, AND TWO FREESTANDING SIGNS OVER SIX (6) FEET IN HEIGHT ON A 4.8 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF GRAND AVE. AND BREA CANYON ROAD AND NORTH OF STATE ROUTE 60 FREEWAY, DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. M/Werner offered an amended motion whereby the Conditional Use Permit would be approved for the purpose of the land uses proposed and would be presented to the Planning Commission for a determination as to architectural compatibility for the McDonald's and the parking garage as well as a landscaping plan that would accommodate walls to avoid the potential for graffiti. Motion seconded by C/Papen. Amended motion failed by a vote of three to two; MPT/Forbing, C/Horcher and C/Kim voting no. On earlier motion made by C/Horcher, seconded by MPT/Forbing, Resolution No. 90-67 was adopted by the following Roll Call vote: AYES: COUNCILMEN: Kim, Horcher, MPT/Forbing NOES: COUNCILMEN: Papen, M/Werner ABSENT: COUNCILMEN: None CM/Van Nort stated that Traffic and.Transportation Commissioner Norma Eustaquio resigned from the Commission effective July 17, 1990. C/Horcher recommended, seconded by M/Werner, that Dr. Alba Moesser be appointed to fill this vacancy. Motion carried unanimously. M/Werner declared the Public Hearing open. There being no testimony being offered, M/Werner closed the Public Hearing. JULY 17, 1990 PAGE 8 CA/Arczynski presented for first reading by title only Ordinance No. 8 (1990) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 26 (BUILDING CODE), TITLE 28 (PLUMBING CODE) AND TITLE 29 (MECHANICAL CODE) OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE ADOPTION BY REFERENCE OF THE "UNIFORM BUILDING CODE, 1988 EDITION," "THE UNIFORM PLUMBING CODE, 1988 EDITION," AND THE "UNIFORM MECHANICAL CODE, 1988 EDITION," INCLUDING ALL APPENDICES THERETO, WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS, INCLUDING FEES AND PENALTIES. C/Horcher moved, seconded by C/Kim to approve Ordinance No. 8 (1990). With the following Roll Call vote, the motion carried: AYES: COUNCILMEN: Papen, Kim, Horcher, MPT/Forbing, M/Werner NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Ordinance 9-A M/Werner opened the Public Hearing (1990) Extending Term of Ordinance 9 There being no testimony offered, M/Werner (1990) closed the Public Hearing. CA/Arczynski stated that a Report on Actions Taken Following Adoption of Ordinance No. 9 (1990) has been prepared and presented to the Council and recommended adoption of Ordinance No. 9-A (1990) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE TERM OF AN INTERIM ZONING ORDINANCE, ORDINANCE NO. 9 (1990) PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858 AND MAKING FINDINGS IN SUPPORT THEREOF. It was moved by C/Papen, seconded by C/Kim to adopt Ordinance No. 9-A (1990). Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Papen, Kim, Horcher, MPT/Forbing, M/Werner NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ANNOUNCEMENTS: C/Papen requested staff to include the new _ Agenda Cover Page in their efforts to print all documents on both sides and to remove redundant information contained on the second page. JULY 17, 1990 PAGE 9 j� ADJOURNMENT: There being no further business to discuss, M/Werner adjourned the meeting to July 31, 1990 at 6:00 p.m. in the Board Room, W.V.U.S.D., 880 S. Lemon Ave., Diamond Bar. Lynda Burgess City Clerk ATTEST: Mayor