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HomeMy WebLinkAbout11/6/1990 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 6, 1990 CALL TO ORDER: M/Werner called the meeting to order at 6:02 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 Mayor Werner. ROLL CALL: Councilmembers Papen and Kim, Mayor Werner and Mayor Pro Tem Forbing. Councilman Horcher was absent. Also present were City Manager Robert L. Van Nort, Assistant City Manager Terrence L. Belanger, City Attorney Andrew V. Arczynski, City Planner James DeStefano and City Clerk Lynda Burgess. COUNCIL COMMENTS: C/Papen announced that the California Commission on Aging will conduct its bi-monthly meeting on December 7 from 8:30 a.m. to 3:30 p.m. at the Days Hotel and that interested Seniors are invited to attend. M/Werner spoke on the "Governor's Litter Prevention Campaign" to be instituted throughout the State at a cost of $25 million annually. PUBLIC COMMENTS: Mr. Greg Laughlin, Manager, Krikorian Diamond Bar Theaters, 2751 Diamond Bar Blvd., stated that he would be leaving the area November 20 to open a theater in Whittier. He thanked the Council and staff for their support and indicated that, in his opinion, this Council is "the best." CONSENT CALENDAR: MPT/Forbing moved, seconded by C/Kim to approve the Consent Calendar with the exception of the Minutes of October 16, 1990 and October 30, 1990. Corrections will be made to the Minutes of October 16 and included on the November 13, 1990 agenda. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Papen, Kim, MPT/Forbing and M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Horcher Schedule Future A. Parks & Recreation Commission - November Meetings 8, 1990 - 6:30 p.m., City Hall B. Traffic & Transportation Commission - November 8, 1990 - 6:30 p.m. - Community Room, 1061 S. Grand Ave. C. Joint Meeting of City Council/Commissions - Re: Capital Improvement Projects (CIP) - November 13, 1990 - 3:00 p.m. - W.V.U.S.D. Board Room, 880 S. Lemon Ave. NOVEMBER 6, 1990 PAGE 2 D. Planning Commission - November 26, 1990 - 7:00 p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave. Warrant Register Approved Warrant Register dated November 6, 1990 in the amount of $511,178.75. Treasurer's Report Approved Treasurer's Report for the month of September, 1990. Traffic & Trans. Received and filed Traffic & Transportation Comm. Minutes Commission Minutes of September 13 and September 27, 1990. Planning Comm. Received and filed Planning Commission Minutes Minutes of May 14, June 11 and June 25, 1990. Parks & Rec. Received and filed Parks and Recreation Comm. Minutes Commission Minutes of June 14, June 28 and June 30, 1990. Denial of Claims Denied Claims for Damages filed by Kenneth Scott on October 9, 1990 and Potlatch Corp. & Simpson Paper Company. Resolution 89-57(A) Adopted Resolution No. 89-57(A) entitled: Amending Res. 89-57 A RESOLUTION OF THE CITY COUNCIL OF THE Adopting the Budget CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, for FY 1989-90 STATE OF CALIFORNIA, AMENDING RESOLUTION NO. 89-57 ADOPTING THE CITY OF DIAMOND BAR APPROVED BUDGET FOR FISCAL YEAR 1989-90. Resolution 90-86 Adopted Resolution No. 90-86 entitled: Approving Execution A RESOLUTION OF THE CITY COUNCIL OF THE of JPA Creating CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, So. Cal. Joint STATE OF CALIFORNIA, APPROVING EXECUTION Powers Insurance OF THE JOINT POWERS AGREEMENT CREATING Authority SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY, AND FURTHER APPROVING PARTICIPA- TION IN ITS JOINT PROTECTION PROGRAM PRO- VIDING LIABILITY COVERAGE THROUGH SELF- INSURANCE, LOSS POOLING AND EXCESS INSURANCE. Resolution 90-87 Adopted Resolution No. 90-87 entitled: Electing to A RESOLUTION OF THE CITY COUNCIL OF THE Participate in the CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, Employee Health STATE OF CALIFORNIA, ELECTING TO PARTICIPATE Benefit Plan IN THE EMPLOYEE HEALTH BENEFIT PLAN OF THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY. NOVEMBER 6, 1990 PAGE 3 Resolution 90-88 Adopted Resolution No. 90-88 entitled: A Calling for RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Member Cities to DIAMOND BAR CALLING FOR ITS MEMBER CITIES TO BAND Develop a Plan TOGETHER TO DEVELOP AN ALTERNATIVE PLAN WHICH to Create a CREATES A LOS ANGELES COUNTY SUPERVISORIAL Supervisorial DISTRICT THAT PLACES ALL SAN GABRIEL VALLEY CITIES District to IN ONE DISTRICT. include all S.G. Valley Cities in one District Recreation Approved Request for Proposal for recreation RFP services. Resolution 90-89 Adopted Resolution No. 90-89 entitled: A Requesting Bd. of RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Sup. to Accept DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF Transfer & SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD Conveyance of CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO Storm Drain ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND Improvements - CONVEYANCE OF STORM DRAIN NO. 1812 UNIT II IN THE P.D. No. 1812 THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, Unit II MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. fAppointment Approved appointment of Significant Ecological of SEATAC Area Technical Advisory Committee Members (SEATAC) as follows: Craig Peterson David R. Berry Sherry Schmidt Charles F. Hewitt Resolution 90-90 Adopted Resolution NO. 90-90 entitled: A Approving RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Application for DIAMOND BAR, COUNTY OF LOS ANGELES, APPROVING Bicycle and/or THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN Pedestrian funds FUNDS UNDER SB 821 AND APPROVING THE ADOPTION Under SB 821 OF ITS BICYCLE AND/OR PEDESTRIAN PLAN. SPECIAL PRESENTATIONS: Certificate of Awarded Certificate of Appreciation to Joan Appreciation Smigel for her assistance with the 1990 Ranch Festival. l City Tile Awarded City Tile to Everett Howard for his assistance in obtaining 1200 signatures during the 1989 Incorporation drive. ^! Proclamation - Proclaimed the month of November, 1990 as "Fire Nov., 1990 "Fire Extinguisher Awareness" Month in conjunction with Extinguisher year-long Earthquake Survival Program. Awareness Month" NOVEMBER 6, 1990 PAGE 4 Proclamation - Nov. Proclaimed the month of November, 1990, as 1990 - Operation "Operation Desert Shield Armed Forces KABC Desert Shield Armed TalkRadio Operation Egbok Month." Forces KABC TalkRadio Operation Egbok Month" OLD BUSINESS: Ordinance 13 (1990) Adding Chapter 13.44 Authorizing Recovery of Costs for 2nd Response by Police to Parties & Other Assemblages CA/Arczynski presented for second reading by title only and adoption Ordinance No. 13 (1990) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING DIVISION 4 OF TITLE 13 OF THE LOS ANGELES COUNTY CODE BY ADDING A NEW CHAPTER 13.44 AUTHORIZING RECOVERY OF COSTS FOR SECOND RESPONSE BY POLICE TO PARTIES AND OTHER ASSEMBLAGES. Mr. Scott McGookin, 3333 Ballena Dr., spoke in favor of adoption of said Ordinance. Mr. Al Rumpilla, 23958 Golden Springs Dr., stated that he had spoken to the renters at those homes, that the last party that was held was orderly and that he was in opposi- tion to the Ordinance. He further stated that language should be included in the Ordinance to prohibit the possible misuse of the ordinance by disgruntled neighbors. Deputy Luter was asked if there was potential for abuse of the Ordinance and he replied that it would depend on the officer respond- ing to the call. C/Papen moved, MPT/Forbing seconded to waive full reading of Ordinance No. 13 (1990) and accept by title only. With consensus of Council, the motion carried. C/Papen moved, MPT/Forbing seconded to adopt Ordinance No. 13 (1990) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING DIVISION 4 OF TITLE 13 OF THE LOS ANGELES COUNTY CODE BY ADDING A NEW CHAPTER 13.44 AUTHORIZING RECOVERY OF COSTS FOR SECOND RESPONSE BY POLICE TO PARTIES AND OTHER ASSEMBLAGES. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Kim, Papen, MPT/ Forbing and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - Horcher NOVEMBER 6, 1990 PAGE 5 City Engineer CE/Jack Istek reported on the status of the Status Reports Resolution establishing procedures for closure of streets, roads and alleys and indicated that the Resolution 90-91 Traffic & Transportation Commission had reviewed Establishing the matter and recommended that the Council con - Procedures for sider 1) the flexibility of assessing a fee; Closure of 2) removal of the term "freeholders" from the Streets, Roads Resolution and replacing it with "property & Alleys holders;" 3) change the 500 ft. radius notice to affected property owners to "an area affected by the proposed street closure as defined by the resolution of intention." i C/Kim requested that on page 2 of the Resolution, the definition of Engineer be changed from "traffic engineer" to the "city or traffic engineer." Mr. Kim asked how a street closure emergency would be handled. Both Mr. Istek and CA/Arczynski stated that the Vehicle Code authorizes fire departments or other agencies to close roads in emergencies. Following discussion, M/Werner recommended that I^ the Resolution be amended to include a definition for Emergency and reference to the Vehicle Code.. CA/Arczynski recommended that on Page 2 at Temporary Closures, a clause be inserted to include "due to emergencies," and at the end of the sentence addition of a provision indicating "or as otherwise authorized by law." It was also requested that "engineer" be changed to read "engineer shall mean the City Engineer of the City Diamond Bar." The Council was polled to determine whether a fee should be imposed for street closures. With consensus of Council, it was agreed that no fee �I would be charged at this time. C/Kim requested that on Page 7 after "entities owning real property," remove 11500 ft." and insert "within the area of the proposed closure as specified in the resolution of intention." i Following discussion, MPT/Forbing moved, C/Kim — seconded to adopt Resolution No. 90-91 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING PROCEDURES FOR THE CLOSURE OF STREETS, ROADS AND ALLEYS WITHIN THE CITY OF DIAMOND BAR as amended. Motion carried. NOVEMBER 6, 1990 PAGE 6 Resolution 90-42A C/Papen asked whether the homeowners in the Amending Res. 90-42 Allegro Condominiums had been given notice of Authorizing "No this change and expressed concern over inad- Parking Signs" equate parking for the residents. E Side of D.B. Blvd. from Grand M/Werner recommended that the matter be Ave. tabled until proper notice has been given to the affected property owners and tenants; further, that the matter be reviewed by the Traffic & Transportation Commission prior to Council consideration. Resolution 90-93 At the request of C/Papen and with consensus Authorizing "No of Council, the matter was directed to the Parking Signs" Traffic & Transportation Commission for Grand Ave. NE City review and staff was directed to give notice Limit to E City Limit to the affected property owners. Grand Ave. Median CE/Istek reported that the median opening at Opening & Agreement Grand Ave. and Shotgun had been discussed for Installation of with the Board of Directors of The Country Public Improvements for ratification of the agreement that all costs will be absorbed by the Association. Dr. Dan Buffington, 2605 Indian Creek, spoke in favor of the agreement. Following discussion, MPT/Forbing moved, C/Papen seconded to approve the agreement between The Country Estates and the City for the median opening at Grand Ave. and Shotgun and installation of public improvements. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Papen, Kim, MPT/Forbing and M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Horcher Presentation by Mr. Paul Vargas introduced Oscar Abarca AQMD and Sharon Morris, Government Affairs Officers for the Southern California Air Quality Management District, who will be liaisons between the AQMD and involved cities. RECESS: M/Werner recessed the meeting at 7:20 p.m. RECONVENE: M/Werner reconvened the meeting at 7:48 p.m. NOVEMBER 6, 1990 PAGE 7 Waste Hauler MPT/Forbing left the meeting due to a possible j Permits conflict of interest. ACM/Belanger made a presentation regarding waste hauler permits as well as other options and indicated that the written report delves into 4 issues which include: (1) franchising; (2) selection process; (3) initiation of a permit system pursuant to the Ordinance currently in effect and (4) implication of impacts that the City currently experiences and will continue to experience in the future due to the passage of AB 939. He recommended that (1) the Council direct staff to immediately implement the provisions of Ordinance No. 2 (1990) with the effective date of the permit process being December 1, 1990 --the necessary resolutions and forms to be presented at the November 13, 1990 meeting and (2) terminate the current proposal process and direct staff to prepare, during the early part of 1991, a proposal document and bid specification format to include specific systems recommended through the source reduction and recycling element process and bring back to Council for re -proposing in the Spring or Summer of 1991. i C/Papen recommended that the Council implement Option I initiating steps outlined on Page 15 of the staff report, with the exclusion of "B," and authorize staff to pursue the permit process for waste haulers by establishing a limitation on the number of haulers operating in the City and establish service standards, performance control standards and reporting procedures, limitations on liability, integrated solid waste management standards and permit fees. Mr. Al Rumpilla suggested that the Council wait until the meeting of November 13 to discuss the issue of permits. Mr. Frank Dursa, 2533 Harmony Hill Dr., also suggested that the issue of permits be tabled until information is available from the S.G. Valley Joint Powers Authority. Mr. Al Simonian, 3005 Leticia Dr., Hacienda Heights, stated that a lot of money and time has _ been spent on the solid waste RFP. He suggested that Council might want to limit the number of j permits to those haulers that are currently operating in the City. NOVEMBER 6, 1990 PAGE 8 Mr. Michael Lowe, 1124 "D" Cleghorn, stated that the Council should make a decision on the matter and not continue to study it. Mr. Jim Paul, 1269 Ahtena Dr., stated that in prior meetings, the public had indicated their desire to choose their own disposal company. Following discussion, C/Papen moved, C/Kim seconded to adopt Option I with the exclusion of item "B" of the staff report. Motion carried 3 to 0 (MPT/Forbing and C/Horcher were absent). Staff was directed to bring Option II and the RFP process back for discussion at the November 13, 1990 meeting. NEW BUSINESS: Termination of Admin. Analyst Kellee Fritzal reported that Drop -In Recreation the Parks & Recreation Commission recommended Program that the City terminate the Park Drop-in program being offered by the Walnut Valley Parks & Recreation Department due to low j attendance and high cost effective December 1, 1990. Following discussion, C/Kim moved, MPT/ Forbing seconded to terminate the Park Drop - In Program,with Walnut Valley Parks and Recreation Department and direct the City Attorney to draft an amendment to the JPA. With consensus of Council, the motion carried. City Manager CM/Van Nort discussed items that the City Reports Council may be considering during future meetings including the hillside ordinance and how to fill a potential Council vacancy. He further stated that since the Election Code does not contain a policy regarding Council vacancies, there are two options available: the Council can appoint a person to complete the unexpired term or call for an election. Following discussion, staff was directed to schedule this matter for the November 13 ✓- meeting. NOVEMBER 6, 1990 PAGE 9 Holiday Shuttle Admin. Analyst Kellee Fritzal reported on a & Decorations free Holiday Shuttle service to local shopping centers which will be available November 23 through December 24 on an hourly basis from 10:00 a.m. to 7:00 p.m. She further stated that the approximate cost to the City would be $11,520 under Prop A funds. CM/Van Nort stated that the Shuttle would be a benefit to the City in that it would analyze ridership as well help meet our air quality plan. He further recommended that the Council authorize expanding the hours to 9:00 p.m. at a cost of approximately $40 per hour. C/Kim suggested that the date be extended to December 31 excluding Christmas Day. C/Kim moved, M/Werner seconded to authorize the use of Prop A funds for a Holiday Shuttle service November 23 through December 31, 1990. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Kim, Papen, MPT/Forbing and M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Horcher Ms. Fritzal further reported that the Rotary Club will be working with the Interact Club to place red ribbons on street light poles and that staff is contacting other cities to determine if decorations could be borrowed for this season. ANNOUNCEMENTS: No Council Comments. CLOSED SESSION: With no further business to conduct, M/Werner adjourned to Closed Session for discussion of Litigation and Personnel Matters at 9:05 p.m. ADJOURNMENT: M/Werner reconvened the meeting at 9:15 p.m., declared that there was no reportable action taken during the Closed Session and adjourned the meeting at 9:15 p.m. Lynda Burgess, City Clerk — ATTEST: i Mayor