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HomeMy WebLinkAbout02/04/1992 Minutes - Regular MeetingI MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 4, 1992 1. CLOSED SESSION: 5:00 p.m. Litigation - G.C. 54956.9 Personnel - G.C. 54957.6 No reportable action taken. 2. CALL TO ORDER: M/Kim called the meeting to order at 6:00 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 Forbing, Miller and Werner. Also present were Robert L. Van Nort, City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Director of Community Development; Sid Mousavi, Director of Public Works and Lynda Burgess, City Clerk. I 3. COUNCIL COMMENTS: MPT/Papen announced that she and C/Forbing attended a meeting involving both the Orange County and the Los Angeles County Transportation Commissions. All agreed that when HOV lanes are built in 1993=94, sound walls will be erected prior to construction of the lanes. C/Werner asked staff to leave the audience seating open and not tape off any rows of seats. C/Miller announced that the D.B. High School band and color guards took first place at the Fiesta Bowl competition in January and requested staff to coordinate with the school district for presentation of a plaque honoring their efforts. 4. PUBLIC COMMENTS: Max Maxwell, 3211 Bent Twig Ln., made comments regarding the public hearings of January 21 and 28, 1992. In response to M/Kim's request, CM/Van Nort stated that the General Plan was referred back to the GPAC for review in the hope.that that stage will be complete by the end of February. As for the tree ordinance, as announced at the last meeting, a study session will be held on this matter on March 10. CA/Arczynski stated that the JCC project is being processed under the codes, ordinances and plans that were in effect when the application was received. The General Plan has no FEBRUARY 4, 1992 5. PAGE 2 relevance to this particular project. In regard to the issue of the easement, the word is "moot" not "mute" as quoted by Mr. Maxwell. M/Papen reiterated that the Public Hearing on the JCC project was not closed, but continued to March 3, 1992. Al Rumpilla, 23958 Golden Springs Dr., asked that Item 5.6 be pulled from the Consent Calendar for discussion. He further stated that he felt that the January 28 meeting was not handled properly by MPT/Papen. Frank Dursa, 2533 Harmony Hill Dr., suggested that when a Councilperson is running for election to another office, he/she should resign his/her Council seat. Don Schad, 1824 Shaded Wood Rd., stated that prior to further development, the tree ordinance and General Plan should be in place. CONSENT CALENDAR: C/Forbing moved, MPT/Papen seconded to approve the Consent Calendar with the exclusion of Items 5.4, 5.5 and 5.6. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 5.1 SCHEDULE OF FUTURE MEETINGS: 5.1.1 General Plan Advisory Committee - February 8, 1992 - 8:00 - 11:00 a.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.1.2 Planning Commission - February lo, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. ion _ 5.1.3 Traffic & Transportation Co February Hearing February 13, 1992 - 6:30 p.m., Q Room, 21865 E. Copley Dr. 5.1.4 Parks & Recreation Commission - February 13, 1992 - 7:00 p.m., City Hall, 21660 E. Copley Dr. 5.1.5 General Plan Advisory Committee - February 15, 1992 - 8:00 - 11:00 a.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.2 WARRANT REGISTER - Warrant Register datedea Feruary 4, 1992 in the amount of $573,434.62 - App submitted. 5.3 PLANNING COMMISSION MINUTES - Regular Meeting of January 13, 1992 - Received and filed. FEBRUARY 4, 1992 PAGE 3 MATTERS WITHDRAWN FROM THE CONSENT CALENDAR: 5.4 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING TENTATIVE PARCEL MAP 22102, A REQUEST TO DIVIDE A 4.39 ACRE PARCEL INTO TWO LOTS AT 1575 VALLEY VISTA DRIVE WITHIN THE CM-BE-U/C ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF - With Council consent, the matter was continued to March 3, 1992. 5.5 DEER CROSSING SIGNS - MPT/Papen requested that this matter be referred to the Traffic & Transportation Commission and asked that it be dealt with at an administrative level. By consensus, the item was referred to the Traffic & Transportation Commission. 5.6 RESOLUTION NO. 90-45D: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS Al Rumpilla, 23958 Golden Springs Dr., stated that he was opposed to the pay raise proposed for the City Manager in light of the current economic situation. C/Werner stated that the Personnel Committee conducted a review of the City Manager's performance over the last year and felt that because of his expertise; qualifications and ability to control the City's expenses, he should receive a raise. Robert Arceo, 1106 "D" S. Cleghorn Dr., spoke against the pay raise. CM/Van Nort thanked the Council for their support and recommended that the Council continue the matter until the economy improves. C/Werner moved, M/Kim seconded to continue the matter of Resolution No. 90-45D with the exclusion of the City Manager's increase to March 3, 1992. With the following Roll Call vote, motion failed. AYES: COUNCILMEN - Werner, M/Kim NOES: COUNCILMEN - Forbing, Miller, MPT/Papen ABSENT: COUNCILMEN - None C/Miller moved, C/Forbing seconded to adopt Resolution No. 90-45D as proposed. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Forbing, MPT/Papen NOES: COUNCILMEN - Werner, M/Kim ABSENT: COUNCILMEN - None FEBRUARY 4, 1992 PAGE 4 a 6. OLD BUSINESS: 6.1 SOLID WASTE COLLECTION, DISPOSAL AND RECYCLING SERVICES - CA/Arczynski stated that, due to a potential conflict of interest, C/Forbing would remove himself from discussion of this matter. Asst. to CM/Butzlaff stated that on December 17, 1991, Council directed staff to evaluate the capabilities and qualifications of Community Disposal and Western Waste Industries. Staff sent a Request for Information form to the companies in order to obtain more precise information on their solid waste collection, disposal and recycling services and a preliminary analysis of the two firms was conducted. However, it was felt that in order to perform a more accurate evaluation of solid waste collection services, staff believed it necessary to broaden the scope of the process to include Waste Management of San Gabriel/Pomona Valleys. This suggestion was based on service history of the company, number of residential/commercial accounts serviced by the company and its comparative capabilities. This would provide greater flexibility in selecting a solid waste provider for the community. David Fahrion, Vice -President of CR&R Inc., 11292 Western Ave., Stanton, stated that by excluding his company and Taormina Industries as well, the City has excluded the only companies in Southern California currently operating solid waste processing MRFs (Material Recovery Facility) and fully automated collection programs in compliance with AB939. Their local subsidiary, Duran Environmental, was also excluded from the process. He suggested that a new evaluation process be conducted to allow all companies to participate or allow CR&R Incorporated to be brought into the current process. Gilbert Apodaca, 614 Acolito P1., expressed concern regarding franchising and the selection process and suggested that the Council use an open competitive bid process. Frank Dursa, 2533 Harmony Hill Dr., opposed an exclusive franchise. Al Rumpilla, 23958 Golden Springs Rd., recommended that the Council allow Duran and any other waste hauler to participate as well as keeping the permit system now in �. place going, in lieu of an exclusive franchise. Dan Buffington, 2605 Indian Hill Creek, stated that he felt it was time for the Council to make a decision regarding the franchise. FEBRUARY 4, 1992 PAGE 5 Red Calkins, 240 Eagle Nest stated he wanted freedom of choice and suggested that cities wait until the State tells them how to accomplish the State mandates. Max Maxwell, 3211 Bent Twig Ian., opposed an exclusive franchise. Jim Donahue, representing Modern. Service Co., asked to be given the chance to submit a bid. Asst. to CM/Butzlaff stated that legislation is currently proposed to strengthen AB939 and reduce the existing diversion level of 9.7% to approximately less than 3%. If passed, the City will lose valuable diversion rates and, as a result, would have to have a more comprehensive program or take more aggressive measures to achieve the 25% diversion rate in the remaining 36 months. He recommended that the scope be broadened to include Waste Management in the analysis so that staff can prepare a more balanced comparison of service levels offered by the three largest waste providers to this community. C/Werner stated that when the Council instructed staff to negotiate with the two waste haulers, a second directive was for staff to prepare and continue with an open bid process that staff originally submitted. He asked the status of the open bid process. Asst. to CM/Butzlaff stated that the modified request for proposal package was nearly complete but staff was waiting for a decision on the current process before the bid process is continued in approximately two to three weeks. C/Werner moved to initiate the RFP process immediately. Motion died for lack of second. C/Miller moved, MPT/Papen seconded to broaden the request for information to include Waste Management of San Gabriel/Pomona Valley, Inc. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Werner, Miller, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None ABSTAIN: COUNCILMEN - Forbing RECESS: M/Kim recessed the meeting at 7:15 p.m. RECONVENE: M/Kim reconvened the meeting at 7:27 p.m. 7. PUBLIC HEARING: 7:00 p.m. or as soon thereafter as matters can be heard. FEBRUARY 4, 1992 PAGE 6 7.1 RESOLUTION NO. 89-97F: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL - CM/Van Nort recommended that the positions of Associate Engineer, Assistant to the City Manager and Administrative Assistant be added to the City's Conflict of Interest Code by adoption of the proposed Resolution. M/Kim opened the Public Hearing. With no testimony offered, M/Kim closed the Public Hearing. C/Werner moved, C/Forbing seconded to adopt Resolution 89-97F. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/ Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 7.2 COMMUNITY DEVELOPMENT BLOCK GRANT - CDD/DeStefano stated that the federal government annually allocates Community Development Block Grant funds to cities for the benefit of low and moderate income persons and funds are used for community development, housing, rehabilitation and public service programs. The funds may only be used within low and moderate income census tracts (none in D.B.) or to specifically benefit persons of low and moderate income. The City received $169,916 last year which was allocated toward development of a Senior Citizen project with 10$ set aside for administrative purposes. The City again expects to receive $169,916 as this year's allocation. Activities proposed for consideration for 1992-93 includes funding for development of the Senior Citizen center, and three requests from public service providers have been received. Applicants include: 1) Diamond Bar/Walnut YMCA for $15,000 for continuation of the after school day care facility; 2) the Westend YWCA in Montclair for $5,749 toward implementation of a program at the jr. high level to target high-risk girls for development of self image and self esteem; and 3) old Baldy Council of the Boy Scouts of America for $5,000 for camperships for 20 boys in the fifth and sixth grades from lower income families who do not currently.participate in scouting activities. M/Kim opened the Public Hearing. Kristina Bulik-Holcum, 765 Shasta Way, Upland, repre- senting YWCA of the West End, 5323 Holt, Montclair, made a presentation regarding the Y -Teen program. r-� FEBRUARY 4, 1992 PAGE 7 In response to MPT/Papen's question, Ms. Holcum replied that permission had been received from the Pomona Unified School District for facility use at Lorbeer but that the matter had not yet been discussed with the Walnut Valley Unified for use of Chaparral and South Pointe Middle Schools. David E. Tate, representing the Old Baldy Council of Boy Scouts of America, 1047 W. Sixth St., Ontario, presented his proposal: for camperships for 20 boys within D.B. Bob Quartucy, 21446 Broken Arrow, President of the Sr. Citizens Club, spoke in support of the City providing the seniors with a permanent and larger facility than that proposed for construction at Heritage Park. Jerry White, Branch Director of Diamond Bar/Walnut YMCA, stated that the request for $15,000 would provide a subsidy for children of low to moderate income for the after school day care programs at the YMCA and Golden Springs Elementary. With no further testimony offered, M/Kim closed the Public Hearing. Following discussion, C/Werner moved and MPT/Papen seconded to approve the budget: $15,000 for the YMCA; $4,500 YWCA; $3,000 for the Boy Scouts; $1 ,000 for senior citizen extra services, with the balance of the CDBG budget to fund the Senior Center which would include a roll-over of last year's allocation. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/ Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 8. ADJOURNMENT: With no further business to conduct, M/Kim adjourned the meeting at 8:30 p.m. LY A V UtIC F:S City cler�- ATTEST: Mayor