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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