HomeMy WebLinkAbout10/29/1991 Minutes - Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR ADJOURNED MEETING OF THE CITY OF DIAMOND BAR
OCTOBER 29, 1991
1. CALL TO ORDER: M/Forbing 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 ALLEGIANCE: The audience was led in the Pledge of
Allegiance by City Attorney Andrew V. Arczynski.
ROLL CALL: Mayor Forbing, Mayor Pro Tem Kim,
Councilmen Papen, Nardella. C/Werner arrived at 7:26 p.m.
Also present were: Robert L. Van Nort, City Manager; Terrence
L. Belanger, Assistant City Manager; Andrew V. Arczynski, City
Attorney, James DeStefano, Director of Community Development;
Sid J. Mousavi, Director of Public Works and Lynda Burgess,
City Clerk.
2. COUNCIL COMMENTS: None offered.
3. PUBLIC COMMENTS: Frank Dursa, 2533 Harmony Hill Dr.,
requested that discussion of term limitations for City
Councilmembers again be held due to the California Supreme
Court's ruling that Proposition 140 is legal.
Gary Neely requested that Item 4.5 of the Consent Calendar,
Cooperative Agreement for the Tres Hermanos Specific Plan, be
withdrawn for discussion.
4. CONSENT CALENDAR: At the request of CM/Van Nort,
CC/Burgess reported that several staff members would be
present during the ballot counting at the County and that
periodically, results would be telephoned to Jones Intercable
for airing that evening.
MPT/Kim moved, C/Nardella seconded, to approve the Consent
Calendar with the exclusion of Item 4.5 regarding the
Cooperative Agreement - Tres Hermanos Specific Plan. With the
followi..g Roll Call vote, the motion carried:
AYES: COUNCILMEN - Nardella, Papen, MFT/Kim, M/Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - C/Werner
4.1 SCHEDULE OF FUTURE EVENTS:
4.1.1 ELECTION DAY - NOVEMBER 5, 1991 - Polls open
7:00 a.m. to 8:00 p.m. - REMEMBER TO VOTE!
4.1.2 CITY COUNCIL MEETING - November 5, 1991 - 6:00
p.m., AQMD Board Room, 21865 E. Copley Dr.
4.1.3 TRAFFIC & TRANSPORTATION COMMISSION - November
14, 1991 - 6:30 p.m., AQMD Board Room, 21865
E. Copley Dr.
4.1.4 PARKS & RECREATION COMMISSION - November 14,
1991 - 7:00 p.m., City Hall, 21660 E. Copley
Dr., Ste. 100
OCTOBER 29, 1991 PAGE 2
4.1.5 PLANNING COMMISSION - November 25, 1991 - 7:00
p.m., AQMD Board Room, 21865 E. Copley Dr.
4.2 BOND EXONERATIONS -
4.2.1 TRACT NO. 14819 - Exonerated grading bond for
800 S. Grand Ave. in the amount of $11,593
held by L.A. County for Tract No. 14819 and
a
directed the City Clerk to notify the County.
4.2.2 TRACT NOS. 31151 & 30091 - Approved and
accepted work completed, exonerated the
following Surety Bonds posted for grading:
(a) Tract No. 31151, 2151 Diamond Bar Blvd.,
& L Certificate No. 102054384, $20,529;
Tract No. 30091, 23317 E. Ridgeline Rd., S & L
Certificate No. 3501506, $2,337 and (c) Tract
No. 30091, 22443 Ridgeline Rd., S & L
Certificate No. 047-1144659, $1,785 and
instructed City Clerk to notify the
principals.
4.3 NOTICE OF COMPLETION - Accepted work performed by Keith
Vint & Associates for playground equipment at Sycamore
Canyon and Heritage Parks and authorized the City Clerk
to file Notice of Completion.
4.4 CLAIM FOR DAMAGES - Denied Claim for Damages filed by
Jackie Santos on September 25, 1991.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
4.5 COOPERATIVE AGREEMENT - TRES HERMANOS SPECIFIC PLAN -
CM/Van Nort stated that the City and the Industry Urban
Development Agency reached an agreement on how to develop
a conceptual specific plan for the 800 -acre Tres Hermanos
Ranch property. The Industry Urban Development Agency is
the owner of the property and the City of Diamond Bar
would be responsible for land use decisions. He
estimated that the preliminary plan would be complete
within the next 4 to 6 months to provide the Pomona
Unified School District better options for a school site.
The School District cooperated in the agreement and
offered to supply an aerial photo of the property. He
recommended approval of the Cooperative Agreement with
the City of Industry Urban Development Agency for the
Tres Hermanos Ranch Conceptual Specific Plan.
Gary Neely gave a brief history regarding the high school
project and stated that the School District made a formal
offer to purchase a specific site for a north Diamond Bar
high school. The response by the City of Industry indi-
cated that they would arrange for an appraisal of the
site. Mr. Neely further stated that if the City enters
into an agreement with the City of Industry, it may cause
the purchase of the site and construction of a school', to
OCTOBER 29, 1991 PAGE 3
be delayed by up to two years.
Lavinia Rowland, 23945 Highland Valley Rd., asked for
clarification of a statement made by CM/Van Nort that the
conceptual plan would be incorporated into the City's
General Plan. She pointed out that the agreement with
the firm providing the study says that "Phase One is not
a proposal to write, present or adopt as an element in
the General Plan." She expressed concern that the
agreement appeared to contradict staff's interpretation
of its provisions.
CM/Van Nort stated that the contractor will conduct the
study in two phases. Since the Industry Urban
Development Agency is the landowner, the firm would
perform certain economic analyses for use by the City of
Industry only upon which Industry will base their
economic decisions. The Conceptual Plan itself will be
a public document which will be open to public comment.
Jim Paul, 1269 Ahtena Dr., spoke in support of
construction of a high school in this area and expressed
concern regarding the reservoir.
CM/Van Nort responded to Mr. Paul's comments by stating
that the reservoir would be for reclaimed water only.
C/Papen asked for a response by the School District
regarding approval of the agreement and whether the
District agrees that the agreement would delay
construction of a school for two years.
CM/Van Nort, CDD/DeStefano and CA/Arczynski commented on
how the conceptual plan would be developed.
Iry Moskowitz, Superintendent of the Pomona Unified
School District, stated that one of the District's main
priorities is a high school in north Diamond Bar. An
offer representing the highest appraisal received by the
District was made to the City of Industry and a response
from them was pending. He indicated that he could not
address the issue of whether the agreement would delay
construction of the school as he had not seen the
document.
C/Papen questioned whether the School District would have
the funds to construct the necessary infrastructure.
Mr. Moskowitz stated that there are a number of ways to
look at construction of the infrastructure which was a
matter of current discussion with the District's
architects and attorneys. He further stated that the
District considers infrastructure construction as a joint
effort between both cities and the District.
OCTOBER 29, 1991 PAGE 4
Following discussion, MPT/Kim moved, M/Forbing seconded
to support the cooperative agreement with the City of
Industry.
C/Nardella'requested staff to determine the time frame
for preparation of the report from the consultant. The
report should then be provided to the School District's
attorneys to obtain an opinion as to whether the plan
would impede the District's progress. He further
suggested that the matter be continued to November 5th.
Following further discussion, MPT/Kim withdrew his motion
and supported C/Nardella's suggestion.
C/Nardella then moved to continue the matter to the
November 5th meeting; submit the document to the School
District for review and comment as to the impact it may
have on their plans and determine the time frame for
preparation of the report by the consultant in order to
establish a priority for the high school. With consensus
of Council, the motion carried.
5. SPECIAL PRESENTATIONS - PROCLAMATIONS, CERTIFICATES, ETC.
5.1 PROCLAIMED - November, 1991 "Selective Service System
Awareness Month." C/Papen requested that staff install
American flags around the City in honor of Veteran's Day.
5.2 CITY TILE/ PROCLAMATION - MPT/Kim presented a City Tile
and Proclamation to a representative of the International
Daily News in commemoration of its Tenth Anniversary on
November 2, 1991.
5.3 CERTIFICATES OF RECOGNITION - Certificates of Recognition
were presented to Superintendent Iry Moskowitz; Principal
Tom Mangham, Golden Springs Elementary School and Linda
Magee, Golden Springs Elementary PTA President, for
selection of the school as a "Blue Ribbon School" and
their invitation to participate in the National School
Recognition Program.
6. OLD BUSINESS:
6.1 ORDINANCE NO. 24B(1989): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO.
24(1989) AS HERETOFORE AMENDED, CONCERNING THE TERMS OF
OFFICE OF PARKS AND RECREATION COMMISSIONERS - First
Reading held October 15, 1991.
(See action under item 6.3 below)
6.2 ORDINANCE NO. 25C(1989): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO.
25(1989) AS HERETOFORE AMENDED, CONCERNING THE TERMS OF
OCTOBER 29, 1991 PAGE 5
OFFICE OF PLANNING COMMISSIONERS - First Reading held
October 15, 1991.
(See action under item 6.3 below)
6.3 ORDINANCE NO. 28B(1989): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO.
28(1989) AS HERETOFORE AMENDED, PERTAINING TO TERMS OF
OFFICE OF TRAFFIC AND TRANSPORTATION COMMISSIONERS -
First Reading held October 15, 1991.
Al Rumpilla, 23958 Golden Springs Dr., asked Council to
reconsider compensating Commissioners for attendance at
meetings.
MPT/Kim moved, C/Nardella seconded to adopt Ordinances
No. 24B (1989), No. 25C(1989) and 28B(1989). With the
following Roll Call vote, motion carried:
AYES: COUNCILMEN - Papen, Nardella, MPT/Kim, M/
Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - Werner
6.4 ORDINANCE NO. 4A(1989): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR, CALIFORNIA, RELATIVE TO THE
LOCATION OF REGULAR MEETINGS OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR.
Frank Dursa requested the Council to again consider
changing meeting times to 7:00 p.m. for better public
participation.
C/Papen moved, MPT/Kim seconded to approve first reading
by title only and waive full reading of Ordinance No.
4A(1989).
AYES: COUNCILMEN - Nardella, Papen, MPT/Kim, M/
Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - Werner
RECESS: M/Forbing recessed the meeting at 7:16 p.m.
RECONVENE: M/Forbing reconvened the meeting at 7:26 p.m.
8. PUBLIC HEARING - 7:00 p.m. or as soon thereafter as matters
can be heard.
8.1 SOURCE REDUCTION AND RECYCLING ELEMENT - Asst. to CM/
Butzlaff stated that the Source Reduction and Recycling
Element is a planning document for an integrated waste
management strategy to bring the City in compliance with
State waste diversion goals. The Element is comprised of
a solid waste generation analysis as well as several
OCTOBER 29, 1991
PAGE 6
action components. He recommended the City take a "wait
and see" attitude as to changes to AB939; open the Public
Hearing and continue the Hearing to November 19, 1991 to
give the SRRE Technical Subcommittee an opportunity
analyze the component alternatives and programs.
M/Forbing read a draft letter addressed to Assemblyman
Byron Scher expressing the City's desire to obtain an
equitable and cost-effective approach to local
implementation.
M/Forbing opened the Public Hearing.
Red Calkins, 240 Eagle Nest Dr., stated that the State
should direct cities on how to comply with the
legislation.
Don Gravdahl read a letter sent to his trash hauler
expressing dissatisfaction with their programs and stated
that he was in favor of households being charged for the
amounts disposed of.
Joe Massey, recycler and participant in drafting of
AB939, explained that he was invited to speak on this
matter by the SRRE Technical Sub -Committee. He gave a
brief overview of AB939 and stated that although the
target is 25% and 50%, the mandate is to maximize, to the
extent possible, reduction of material being deposited
into landfills.
In response to CM/Van Nort's question regarding the City
of Rosemead's Ordinance prohibiting rummaging through
others' trash for recyclables, Mr. Massey stated that it
is commonly referred to as an anti-scavaging Ordinance.
It is most often applied in urban areas such as Santa Ana
and Garden Grove due to the number of persons making a
living from such scavaging. He explained that the most
difficult part of such an Ordinance is enforcement and
whether it benefits a city to enforce.
C/Papen stated that, from Mr. Massey's comments, two
points appear to need clarification in the SRRE: 1)
whether persons may use recyclables as they wish and 2)
whether trash and recyclables disposed of by individuals
in another manner would belong to the hauler receiving
the materials. In regard to composting, she was under
the impression that staff had been instructed to purchase
only recycled compost materials or composting materials
purchased from recycling facilities and requested
verification of these purchases.
Stan Kaye, resident and owner of a recycling center in
Rowland Heights, offered his services in preparing the
draft SRRE.
OCTOBER 29, 1991 PAGE 7
Jessica Sheedy, 2326 Sunbright, stated that a recycling
program was recently instituted by Cal State Fullerton
and expressed the opinion that eduction is the starting
point to encourage individuals to recycle.
With no further testimony offered, M/Forbing continued
the Public Hearing to November 19, 1991 in order for
further review by the Subcommittee.
Asst. to CM/Butzlaff stated that written comments had
been received from Mr. Bill George representing the
County Sanitation District and Mr. Massey. He further
stated that the City is awaiting comments from the State
and the County regarding the preliminary draft.
C/Papen expressed concern that the section on funding was
inadequate and requested revision including discussion on
funding sources.
9. ANNOUNCEMENTS: None offered.
10. ADJOURNMENT: There being no further business,
M/Forbing adjourned the meeting at 8:24 p.m.
LYNDA BURGESS,-Ci-;.-.Y-Clerk
ATTEST:
Mayor