HomeMy WebLinkAbout12/18/1990 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 18, 1990
i CALL TO ORDER:
M/Werner called the meeting to order at 6:02
No Public Comments were offered.
p.m. in the Council Chambers, W.V.U.S.D., 880 S.
C/Papen moved, seconded by C/Kim to approve the
Lemon Avenue, Diamond Bar, California.
PLEDGE OF
The audience was led in the Pledge of Allegiance
ALLEGIANCE:
by Councilman Donald Nardella.
ROLL CALL:
Councilmembers Nardella, Papen, Kim, Mayor Pro Tem
MPT/Forbing, M/Werner
Forbing and Mayor Werner.
NOES: COUNCILMEN - None
Also present were City Manager Robert L. Van Nort,
ABSENT: COUNCILMEN - None
Assistant City Manager Terrence L. Belanger, City
A. City Offices closed - December 24 & 25, 1990
Attorney Andrew V. Arczynski, City Planner James
for Christmas Holidays and January 1, 1991 -
DeStefano, City Engineer Sid Mousavi and City
New Year's Day
Clerk Lynda Burgess.
COUNCIL COMMENTS:
C/Papen welcomed Councilman Don Nardella and
C. Parks and Recreation Commission - January 10,
stated that she was looking forward to working
1991 - 6:30 p.m. - City Hall - 21660 E.
with him.
M/Werner announced that he had presented the
City's position regarding the Naylor Act and Site
"D" to the W.V.U.S.D. Board of Directors on
December 12th.
Lemon Ave.
PUBLIC COMMENTS:
No Public Comments were offered.
CONSENT CALENDAR:
C/Papen moved, seconded by C/Kim to approve the
Consent Calendar. Motion carried by the following
Roll Call vote:
AYES: COUNCILMEN - Nardella, Papen, Kim,
MPT/Forbing, M/Werner
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
Schedule Future
A. City Offices closed - December 24 & 25, 1990
Meetings
for Christmas Holidays and January 1, 1991 -
New Year's Day
B. No City Council Meeting - January 1, 1991
C. Parks and Recreation Commission - January 10,
1991 - 6:30 p.m. - City Hall - 21660 E.
Copley Dr., Suite 100
D. Traffic and Transportation Commission -
January 10, 1991 - 6:00 p.m. - Community Room
1061 S. Grand Ave.
E. Planning Commission - January 14, 1991 - 7:00
p.m. - W.V.U.S.D. Board Room - 880 S. Lemon
Ave.
F. City Council Meeting - January 15, 1991 -
(^i
6:00 p.m. - W.V.U.S.D. Board Room - 880 S.
Lemon Ave.
DECEMBER 18, 1990
Approval of Minutes
Warrant Register
Parks & Rec.
Comm. Minutes
Planning Comm.
Minutes
PAGE 2
Approved Minutes of Adjourned Regular Meeting
of November 29, 1990 and Regular Meeting of
December 4, 1990.
Approved Warrant Register dated December 18,
1990 in the amount of $341,114.48.
Received and filed Parks and Recreation
Commission Minutes of August 9, August 23 and
September 13, 1990.
Received and filed Planning Commission
Minutes of September 24 and October 8, 1990.
Appointment of Approved appointment of the Law Firm of
Law Firm Frelich, Stone, Leitner & Carlisle to
represent the City's interest in a lawsuit
filed by Potlatch Corporation and Simpson
Paper.
Resolution 90-97
Rgstg. Bd. of Sups.
to Accept Transfer
& Conveyance of
Storm Drain Imps.
known as P.D. 1697
Adopted Resolution No. 90-97 entitled: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR, CALIFORNIA, REQUESTING THE
BOARD OF SUPERVISORS OF THE LOS ANGELES
COUNTY FLOOD CONTROL DISTRICT OF THE STATE
OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID
DISTRICT A TRANSFER AND CONVEYANCE OF STORM
DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO.
1697 IN THE CITY OF DIAMOND BAR FOR FUTURE
OPERATION, MAINTENANCE, REPAIR AND
IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND
CONVEYANCE THEREOF.
Bond Exoneration Approved work completed and exonerated Surety
Tract No. 42577 Bond for Street Tree Improvements, Tract No.
Longview & Grand 42577, vicinity of Longview Dr. and Grand
Ave.
Resolution 90-98
Approving Plans &
Spec. for Constrctn.
of Traffic Signals at
Golden Springs &
Sunset Crossing
Resolution 90-99
Supporting Use of
City's Name in lieu
of Delivery P.O.
name for Residents
& Businesses in
91789 Zip Code
Adopted Resolution No. 90-98 entitled: A
RESOLUTION OF THE COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING PLANS AND SPECIFI-
CATIONS FOR THE CONSTRUCTION OF TRAFFIC
SIGNALS AT GOLDEN SPRINGS DRIVE AND SUNSET
CROSSING ROAD IN SAID CITY AND AUTHORIZING
AND DIRECTING THE CITY CLERK TO ADVERTISE
TO RECEIVE BIDS.
Adopted Resolution No. 90-99 entitled: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR SUPPORTING THE USE OF THE CITY'S
NAME IN LIEU OF THE DELIVERY POST OFFICE NAME
FOR THOSE RESIDENTS AND BUSINESSES LOCATED IN
THE 91789 ZIP CODE.
DECEMBER 18, 1990
PAGE 3
Resolution 90-100 Adopted Resolution No. 90-100 entitled: A
Petitioning Postal RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Svc. to Establish DIAMOND BAR, CALIFORNIA, PETITIONING THE UNITED
Official P.O. STATES POSTAL SERVICE TO ESTABLISH AN OFFICIAL
Station to Serve POST OFFICE STATION TO SERVE THE CITY OF DIAMOND
Diamond Bar BAR.
M/Werner directed staff to send copies of said
Resolutions, along with a map delineating the
area, to telephone book publishing companies.
SPECIAL PRESENTATIONS:
Certificate of M/Werner presented Ivan Nyal, former Chairman of
Appreciation the Parks & Recreation Commission, with a
Certificate of Appreciation for outstanding
service.
Proclamation -
Wk. of Jan. 11-
21, 1991 as "Dr.
Martin Luther King,
Jr. Birthday Week"
Resolution 90-101
Expressing
Appreciation for
Donation of VHF
Radio Repeater
Station by the
People of D.B.
OLD BUSINESS:
Proclaimed the week of January 11 - 21, 1991 as
"Dr. Martin Luther King, Jr. Birthday Week."
C/Papen moved, M/Werner seconded to adopt
Resolution No. 90-101 entitled: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
EXPRESSING APPRECIATION FOR THE DONATION OF THE
VHF RADIO REPEATER STATION BY THE PEOPLE OF
DIAMOND BAR. With consensus of Council, the
motion carried.
Parks & Rec. MPT/Forbing moved C/Kim seconded to appoint Mrs.
Comm. Appointment Lydia Plunk to the Parks & Recreation Commission
Lydia Plunk for the remainder of the term vacated by
Councilman Donald Nardella. With consensus of
Council, Mrs. Plunk's nomination was approved.
MPT/Forbing then administered the Oath of Office
to Mrs. Plunk.
Resolution 89-97D CA/Arczynski stated that this amendment would
Amending Conflict allow the City Manager to determine which
of Interest Code committees and ad hoc groups serving for limited
for Designated periods of time would be required to file dis-
City Personnel closure statements.
C/Kim moved, C/Papen seconded to adopt Resolution
No. 89-97D entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE
CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED
CITY PERSONNEL. With consensus of Council, the
motion carried.
DECEMBER 18, 1990
PAGE 4
NEW BUSINESS:
Historical Committee
MPT/Forbing requested consideration of estab-
lishment of a Historical Committee and
indicated that applications to serve on the
Committee could be submitted to City Hall by
February 1, 1991. By consensus of Council,
it was agreed that the Committee would be
established effective February 1, 1991.
Following discussion, MPT/Forbing was desig-
nated as the Council Representative to the
Committee. Staff was directed to proceed
with advertising and staffing.
Council Appointments
MPT/Forbing moved, C/Nardella seconded and
motion carried unanimously to designate
membership on the following Committees:
Historical Committee - MPT/Forbing
Southeast Mosquito Abatement
Dist. - C/Papen
Sister Cities Int'l. - C/Nardella
City of Industry Liaison - C/Nardella
Personnel Committee - C/Nardella
Finance Committee - C/Nardella
W.V.U.S.D. Liaison - C/Nardella
i
ANNOUNCEMENTS:
C/Papen announced that on January 14, 1991
the Planning Commission will be discussing
revisions to the Sign Ordinance. Copies will
be available at City Hall. In addition, she
suggested that discussion take place early in
1991 regarding election reforms; for example,
1) adoption of an ordinance calling for
special elections when Council vacancies
exist and 2) establishment of a policy
directing that when an individual is
appointed to fill a vacancy, that person
should be required to run for the seat at the
i
I
next General election.
C/Kim supported limiting Councilmember terms
to two and opposed publicly electing the
Mayor.
TOWN BALL MEETING:
Due to completion of regular business earlier
than anticipated and the requirement that
Public Hearings not begin until 7:00 p.m., --
M/Werner suggested holding a Town Hall
Meeting.
DECEMBER 18, 1990 PAGE 5
Ruth Perliss, D.B. Lively Sr. Citizens, stated
that Tom Ortiz had met with the seniors and
suggested that a petition be circulated if they
were interested in a new facility, specifically
the old post office building.
C/Nardella stated that the Parks and Recreation
Commission had designated a member of that
Commission to be a liaison between the Commission
and the Lively Sr. Citizens Group and that it
might be a good idea to meet with that Commission
to voice their desires.
CM/Van Nort stated that the property owner had
been contacted and that the building contains
asbestos and may need to be completely demolished.
The Council could then negotiate with the owner
for the property.
Mrs. Lydia Plunk, 1522 Deerfoot Dr., asked what
could be done to expedite the signal at Kiowa
Crest and Diamond Bar Blvd.
CE/Mousavi stated that the County, as project
administrator, has ordered the signals and it
appears as though they will be installed during
the month of March.
RECESS: M/Werner declared a recess at 6:52 p.m.
RECONVENE: M/Werner reconvened the meeting at 7:01 p.m.
PUBLIC HEARINGS:
Resolution 90-102 Admin. Analyst Troy Butzlaff presented a staff
Solid Waste report on Solid Waste Permit Fees and recommended
Fees adoption of Resolution No. 90-102 specifically
setting forth fees for the collection and disposal
of residential, commercial and industrial solid
waste. The fee for residential collection is $.35
per subscriber per month and, based on an estimate
of current subscribers, the fee could generate
$57,502.00 per year for the solid waste management
program. He further stated that combined with a
$6.00 per account commercial fee and $40.00 per
containerized unit fee, it is estimated that
$128,550.00 could be generated totally. These
fees are in line with Section 49.902 of the Public
Resources Code.
MPT/Forbing excused himself from participation in
this matter due to a possible conflict of
interest.
DECEMBER 18, 1990 PAGE 6
Following discussion, M/Werner opened the
Public Hearing.
Mr. Frank Dursa, 2533 Harmony Hill Dr., spoke
in opposition to permit fees.
With no further testimony being offered,
M/Werner closed the Public Hearing.
C/Nardella asked whether permit fees would be
terminated if an exclusive franchise were
awarded in the future.
CA/Arczynski stated that if the Council
chooses to go with a single vendor, there
will be an amortization period for some of
the haulers who have been in town for a
j certain period of time. At that time, staff
may recommend that a collection fee remain
with those haulers still working under a
permit system.
C/Nardella stated that he wants to be sure
that the monies collected would be separately
identified both as to the source and expen-
diture, so that at any point, there could be
a comparison of the budget submitted with
monies collected and monies expended and that
these funds not go into the General Revenues.
CM/Van Nort stated that the monies collected
would go into a Solid Waste Fund.
M/Werner asked how a new hauler could come
into town and be assessed a fee, when he may
not have any customers.
ACM/Belanger stated that the permit system
has two features: a liability feature which
all haulers would have to comply with in
order to receive a permit or based on
economic activity in the community --if there
is no activity, then there wouldn't be a
basis for assessing a fee. He further stated
that the City will be monitoring the amount
of refuse being collected by the haulers,
review the haulers' books and access their
billings.
C/Kim moved to adopt Resolution No. 90-102.
Motion died for lack of a second.
M/Werner moved to approve the permit fee
effective July 1, 1991. Motion died for lack
of a second.
DECEMBER 18, 1990 PAGE 7
In response to M/Werner's question regarding
postponement of the decision regarding permit
fees, ACM/Belanger stated that there are two
separate issues: permits to establish the
basis for haulers having to provide informa-
tion and the amount of money being raised.
C/Kim moved, C/Papen seconded to adopt
Resolution No. 90-102 effective January 1,
1991.
Following discussion, CA/Arczynski stated
that on Page 2 of the Resolution, it was
recommended that the second word of Sections
2, 3 and 4 should read "monthly" not "annual"
and at the end of each section "January 1,
1991" should be added. Staff was directed to
deposit the fees collected into a special
fund.
With the following Roll Call vote, the motion
carried:
AYES: COUNCILMEN: Papen, Kim, Nardella
NOES: COUNCILMEN: M/Werner
ABSENT: COUNCILMEN: MPT/Forbing
ADJOURNMENT: With no further business to conduct, the
meeting was adjourned to January 2, 1991 at
4:00 p.m. whereupon the meeting would be
called for lack of quorum.
Respectfully Submitted
4LTBURGESS�,Ci y Clerk
ATTEST'
M or