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HomeMy WebLinkAbout12/17/1991 Minutes - Regular Meeting1. 2. 3. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 17, 1991 CLOSED SESSION - 4:30 p.m. Litigation - Section 54956.9 Personnel - Section 54957.6 No reportable actions taken. CALL TO ORDER: M/Kim called the meeting to order at 6:05 p.m. in the Council Chambers, AQMD Auditorium, 21865 E. Copley Dr. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Kim. ROLL CALL: Mayor Kim, Mayor Pro Tem Papen, Councilmen Werner, Miller and Forbing. Also present were Robert L. Van Nort, City Manager; Terrence L. Belanger, Assistant City Manager; William P. Curley III, Deputy City Attorney; James DeStefano, Director of Community Development; Sid Mousavi, City Engineer and Lynda Burgess, City Clerk. SHEARING -IN OF MAYOR PRO TEM -ELECT PHYLLIS E. PAPEN - City Clerk Lynda Burgess administered the Oath of Office to Mayor Pro Tem -Elect Phyllis Papen. 4. COUNCIL COMMENTS: None offered. 5. PUBLIC COMMENTS: The following persons, residing at Heritage Park Senior Apartments, 23750 Highland Valley Rd., expressed appreciation to the Council for the Holiday Shuttle Program: Francisca J. Vela, Sally L. Varvaro, Carol Spriggs 6. CONSENT CALENDAR: C/Werner moved, C/Miller seconded to approve the Consent Calendar as presented. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 6.1 SCHEDULE OF FUTURE EVENTS: 6.1.1 PLANNING COMMISSION - December 23, 1991 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 6.1.2 CHRISTMAS/NEW YEARS HOLIDAYS - December 24 - 25, 1991 & January 1, 1992 - City Offices will be closed. DECEMBER 17, 1991 PAGE 2 6.1.3 CITY COUNCIL MEETING - January 7, 1991 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.2 APPROVAL OF MINUTES - Regular Meeting of December 3, 1991 - Approved as submitted. 6.3 WARRANT REGISTER - Warrant Register dated December 17, 1991 in the amount of $352,683.18 - Approved as submitted. 6.4 TREASURER'S REPORT - Month of November 1991 - Received and filed. 6.5 PLANNING COMMISSION MINUTES - 6.5.1 REGULAR MEETING OF OCTOBER 28, 1991 - Received and filed. 6.5.2 REGULAR MEETING OF NOVEMBER 25, 1991 - Received and filed. 6.,,6 NOTICE OF COMPLETION - TRAFFIC SIGNAL AT GRAND AVE. AND ROLLING KNOLL DR.- Accepted work performed by Hovey Electric, Inc. and authorized City Clerk to file Notice of Completion. 6.7 ADOPTED RESOLUTION NO. 91-74: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES t 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. 2021 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. 6.8 ADOPTED RESOLUTION NO. 91-75: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO PARTICIPATE IN THE LOS ANGELES COUNTY COORDINATED PARATRANSIT NETWORK. ;;.9 CROSSING GUARD SERVICES AT LEMON AVE. & COLIMA RD. - Approved provision of crossing guard services. 6.10 CLAIMS FOR DAMAGES - 6.10.1 Claim filed by Shelly Schoenberger November 27, 1991 - Denied. 6.10.2 Claim filed by Al Rumpilla November 7, 1991 - Denied. 6.11 CONSENT TO GRANT SECURITY INTEREST TO JONES INTERCABLE - Authorized Mayor to execute a letter of consent granting _ security interest in the franchise owned by Jones Intercable to provide them with the ability to enter into financial arrangements with various lending institutions. DECEMBER 17, 1991 PAGE 3 6.12 REDESIGNATION OF ENFORCEMENT AGENCY - Authorized the Mayor to execute a Letter of Affirmation redesignating L.A. County Department of Health Services as the City's Local Enforcement Agency (LEA) with respect to enforce- ment, inspection and permitting of solid waste facilities in the City, due to recent changes in State law. 7. SPECIAL PRESENTATIONS - PROCLAMATIONS, CERTIFICATES, ETC. 7.1 CITY TILE - Presented City Tile to Sgt. Rod Morris, Walnut/San Dimas Sheriff's Station "Reserve Coordinator of the Year" for 1991 as designated by the California Reserve Peace Officers Assn. 7.2 CITY TILE - Due to her inability to attend the meeting, M/Kim requested staff to mail the City Tile to Grace Lin in appreciation for her service on the Planning Commission. 8. NEW BUSINESS: 8.1 CONSIDERATION OF MID -YEAR BUDGET ADJUSTMENTS - CM/Van Nort stated that Resolution No. 90-40 established the 1991-92 Fiscal Budget, and that, based on the fact that the budget is a "living document," it is necessary to monitor and evaluate its implementation during the course of the year. Following discussion, M/Kim requested that staff prepare a report on the impact of the street sweeping cutback from weekly to bi-weekly to be presented in 90 days. Martha Bruske, 600 Great Bend Dr., was concerned about the reduction of the Sheriff's activities, and the stationing of a sheriff's unit at Diamond Bar Blvd. and Goldrush. She asked what other reductions had been made and indicated that she had called City Hall many times but did not get a response to her concerns. She suggested that reductions at City Hall may be in order. CM/Van Nort stated that the Sheriff's Department will operate with one-man cars in lieu of two-man cars, resulting in the same number of patrol cars as currently exists. In addition, the intersection of Diamond Bar Blvd. and Goldrush Dr. has been a traffic problem in the past with a large number of speeders. He stated that he would request the Sheriff's Department to prepare a report as to why enforcement at that intersection is so important. He then requested that Ms. Bruske provide specifics so that he could investigate her allegations and respond. C/Werner moved, C/Forbing seconded to approve the Mid -Year Budget adjustments as presented. With the following Roll Call vote, motion carried: DECEMBER 17, 1991 AYES: NOES: ABSENT: PAGE 4 COUNCILMEN - Miller, Werner, Forbing, MPT/ Papen, M/Kim COUNCILMEN - None COUNCILMEN - None 8.2 ORDINANCE NO. 8 (1991): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING AN INTERIM ZONING ORDINANCE PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE 65858(a) AND MAKING FINDINGS IN SUPPORT THEREOF - DCA/Curley indicated that the purpose of the Ordinance was to prohibit "flyer parties," defined as those for which an admission fee is charged and which are advertised by flyers or other posting inviting people to attend. Lt. Michael Muravez, Walnut Sheriff's Station, reported that his Department endorsed the Ordinance due to their experience that such parties are disruptive to normal residential activities and attract persons from a wide area, depending on how the flyers are distributed. In response to M/Kim's question, Lt. Muravez stated that during a flyer party approximately two weeks before, an incident occurred involving individuals who did not want to pay the admission fee, returned later and fatally shot a person involved in an earlier argument. At the request of MPT/Papen, DCA/Curley stated that "admission charge" means a tangible benefit, either monetary or otherwise, which is expressly or impliedly required as a condition of admittance to a party. It would not include donations for political, community service, charitable or religious purposes. C/Forbing moved, C/Miller seconded to adopt Ordinance No. 8 (1991) by title only and waive further reading. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Werner, Forbing, Miller, MPT/ Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None RECESS: M/Kim recessed the meeting at 6:45 p.m. RECONVENE: M/Kim reconvened the meeting at 7:02 p.m. 9. PUBLIC BEARING - 9.1 CONTINUED PUBLIC HEARING RE: SOURCE REDUCTION AND RECYCLING ELEMENT - Asst. to CM/Butzlaff recommended that the Council: (1) again continue the public hearing to allow for additional public testimony and at the conclusion, close the hearing and direct staff to forward all written comments and testimony to the consultant for DECEMBER 17, 1991 PAGE 5 integration into the City's final SRRE draft; (2) declare the City's intention to award an exclusive franchise to one or more haulers to provide refuse collection, disposal and recycling services for residential and commercial premises in the City; (3) submit the legally prescribed notice of discontinuance to all permitted haulers currently doing business within the incorporated City limits, notifying said haulers of the City's intent to award an exclusive franchise for the collection and disposal of solid waste; and (4) prepare a modified Request for Proposal package for the provision of solid waste collection, disposal and recycling services for residential and commercial premises pursuant to specifications established by the City Council. The proposal would be completed within sixty days and brought back for approval by the Council and then submitted to the haulers for their RFP's. Al Rumpilla, 23958 Golden Springs Dr., spoke in opposition to a single franchise and dividing the City in half and awarding 2 franchises. Red Calkins, 240 Eagle Nest Dr., also spoke in opposition to awarding an exclusive franchise. Martha Bruske stated that she didn't want to hear the Council talk about splitting the City in half. She further stated that approximately 5 separate haulers pick up trash on her street which creates quite a lot of noise and indicated that she would prefer only one hauler. With no further testimony offered, M/Kim closed the Public Hearing. MPT/Papen reported that in written opinions furnished by both the City Attorney and the Fair Political Practices Commission she did not have a conflict of interest regarding this issue and that she may vote on all motions. MPT/Papen moved, C/Werner seconded to direct staff to forward all written comments and public testimony to the consultant for integration into the final SRRE draft for return to the Council for approval. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/ Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None MPT/Papen moved, C/Miller seconded to declare the City's intention to award an exclusive franchise to one or more haulers to provide refuse collection disposal, recycling DECEMBER 17, 1991 PAGE 6 services for residential and commercial premises. With j the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Forbing, MPT/Papen NOES: COUNCILMEN - Werner, M/Kim ABSENT: COUNCILMEN - None C/Forbing moved, C/Miller seconded to submit legally prescribed Notices of Discontinuance to all permitted haulers currently doing business within the incorporated City limits, notifying said haulers of the City's intent to award an exclusive franchise for the collection and disposal of solid waste. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Werner, Forbing, Miller, MPT/ Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Following discussion, MPT/Papen moved, C/Miller seconded to direct staff to meet with the two companies previously named (Western Waste and Community Disposal), review their programs, analyze their abilities to provide services on the long term and report back to Council. Following further discussion, C/Forbing stated that since the motion involves the naming of two trash haulers, he must abstain from voting due to a conflict of interest. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, MPT/Papen, M/Kim NOES: COUNCILMEN - Werner ABSENT: COUNCILMEN - None ABSTAIN: COUNCILMEN - Forbing C/Werner moved, C/Miller seconded to direct staff to prepare a modified Request for Proposal, which could be used by staff in their discussions with the two firms, that would also make a shorter path in the event it is decided at a later date to go out for proposal by a larger group of companies. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Werner, Forbing, Miller, M/Rim NOES: COUNCILMEN - MPT/Papen ABSENT: COUNCILMEN - None 10. ANNOUNCEMENTS: C/Forbing announced that the remainder of Grand Avenue, through Industry, would be opening on December 18th and invited all persons to participate. C/Miller congratulated MPT/Papen on becoming a grandmother. DECEMBER 17, 1991 PAGE 7 C/Werner requested that staff look into the development of a video transmission ordinance or permit. He further wished all a Merry Christmas and Happy New Year. MPT/Papen asked staff to review the political sign ordinance and requested Council to consider limiting campaign contribu- tions locally. 11. ADJOURNMENT: With no further business to conduct, M/Kim adjourned the meeting at 8:25 p.m. LY A BURGESS, CityC-I&rX-- ATTF.RT