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HomeMy WebLinkAbout02/18/1992 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 18, 1992 1. CLOSED SESSION: 5:00 P.M. Litigation - G.C. Section 54956.9 Personnel - G.C. Section 54957.6 No reportable action taken. 2. CALL TO ORDER: M/Kim called the meeting to order at 6:04 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 Junior Girl Scout Troop 378. ROLL CALL: Mayor Kim, Mayor Pro Tem Papen, Councilmen Forbing, Miller and Werner. Also present were Terrence L. Belanger, Assistant City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Director of Community Development; Sid Mousavi, Public Works Director/City Engineer and Lynda Burgess, City Clerk. City Manager Robert L. Van Nort was excused. 3. COUNCIL COMMENTS: None offered. 4. PUBLIC COMMENTS: Jeff Nelson, 23051 Rio Lobos Rd., expressed concern that MPT/Papen had decided to run for Assembly so soon after she was re-elected to the City Council. In addition, he complained that a sign he had posted on private property had been taken down by Al Flores, the City's Code Enforcement Officer and that a few days after he had retrieved this sign, the Sheriff's Department and a City truck went to his house looking to impound the sign. ACM/Belanger stated that he would be happy to discuss Mr. Nelson's concerns at his convenience in the hope of resolving the problem. C/Werner asked for clarification as to whether or not Mr. Nelson had been instructed to remove signs from behind City offices, identification on the sign and what the specific direction of the City Manager was. C/Miller stated that he had heard that the sign was on Montefino property and that they had requested the City to remove it. FEBRUARY 18, 1992 PAGE 2 ACM/Belanger stated that C/Miller's comment was accurate and that the City had been asked to remove the sign since it had been placed there without permission. Upon investigation, it was determined that the sign was 32 sq. ft. in size and that a portion of it straddled the City right-of-way. City Code states that any sign over 6 ft. within the public right-of-way is not permitted; therefore, this particular sign was removed and transported to City Hall. Beverly D'Errico, 23631 Prospect Valley, announced that on Thursday, February 23, 1992 at the AQMD, a public meeting will be held to address the United Nations Conference on Environment and Development scheduled for June in Brazil. Betty Sanford, President of the United Nations Assn. in Pasadena will be the guest speaker. Clair Harmony, 24139 Afamado Ln. stated that M/Kim is responsible for the conduct of the City and expressed his feeling that a lot of "dirty tricks" were being played at City Hall. Bob Quartucy, 21446 Broken Arrow, President, D.B. Lively Sr. Citizens responded to C/Forbing's question during a previous meeting regarding contributions made by the organization for the benefit of the community by reading a list of contribu- tions made by individual members. t William Gross, 21637 Highbluff Rd., presented a transcript of a legal opinion the City Attorney had given during discussions regarding the Tonner Canyon project during the January 21st meeting and stated that the opinion had no legal foundation based on law, code or court case. He further indicated that he felt the City Attorney had mislead the Council. CA/Arczynski replied that, on more than one occasion, he had indicated that State Law is abundantly clear that the project being discussed was a vesting tentative map; the cases and law are clear as to the guidelines and General Plan, or lack thereof, that the City must apply to projects, and that changes in the General Plan cannot be applied to this project. He stated that he would be happy to provide staff with the most recent cases on this matter for trans- mittal to Mr. Gross. Al Rumpilla, 23958 Golden Springs Dr., stated that he had spoken with CM/Van Nort several times in the past regarding the sign Ordinance and the Code Enforcement Officer's conduct. He further stated that the sign ordinance does not address what happens to signs after impound by the City and held for more than ten days. 5. CONSENT CALENDAR: C/Werner moved, C/Miller seconded to approve the Consent Calendar as submitted. FEBRUARY 18, 1992 PAGE 3 ^I MPT/Papen stated that the Warrant Register amount had been amended to $123,159.85. C/Werner then moved to amend his motion, C/Miller seconded. 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 EVENTS: 5.1.1 General Plan Advisory Committee - February 22, 1992 - 8:00-11:00 a.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.1.2 Planning Commission - February 24, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.3 Traffic & Transportation Commission - February 27, 1992 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.1.4 Parks & Recreation Commission - February 27, 1992 - 7:00 p.m., AQMD Room CC -5, 21865 E. Copley Dr. 5.1.5 General Plan Advisory Committee - February 29, 1992 - 8:00-11:00 a.m., AQMD CC -2, 21865 E. Copley Dr. 5.1.6 City Council Meeting - March 3, 1992 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.7 City Council Study Session - March 10, 1992 - 6:00 p.m., AQMD CC -8 Room, 21865 E. Copley Dr. 5.2 APPROVAL OF MINUTES - 5.2.1 Regular Meeting of January 21, 1992 - Approved as submitted. 5.2.2 Adjourned Regular Meeting of January 28, 1992 - Approved as submitted. 5.3 datedNFebruaryE18, 1992oindtheended amountWarrant of $123,159-85. 5.4 EMERGENCY PREPAREDNESS PROFESSIONAL SERVICES AGREEMENT - Approved Professional Services Agreement retaining emergency preparedness services and authorized the City Manager to execute said agreement. 5.5 GRADING BOND EXONERATION, TRACT 2166 - Approved and accepted grading Surety Bond No. 2-160-005-7 for the Tj first phase posted for the Diamond Bar Mobile Home Estates, Tract No. 2166, located at 21217 Washington Street in the amount of $61,432. 5.6 GRADING BOND EXONERATION, TRACT 38454 - Approved and accepted grading construction on Tract No. 38454 and FEBRUARY 18, 1992 PAGE 4 exonerated Surety Bond No. KO 16-27-47-8 in the amount of $117,000 posted by Insurance Company of North America for property located at Silver Hawk and Dublin Ln. 5.7 SANITARY SEWER BOND EXONERATION, TRACT 31850 - Approved and accepted sanitary sewer improvements for Tract No. 31850 and exonerated a $270,000 faithful performance surety bond No. 83SB-100-426-683 posted by Bramalea Limited, Inc., for sanitary sewer improvements for private contract numbers 10237 and 10237A, located on Leyland Dr. 5.8 STORM DRAIN BOND REDUCTIONS, TRACTS 31850 & 42564 - Approved and accepted construction of storm drains and reduced the surety bonds posted for Storm Drain No. 1862, Tract No. 31850 (Leyland Dr.), Bond No. 83 SB - 100426686 in the amount of $722,000 and Storm Drain No. 2145, Tract No. 42564 (Newbury Way and Leyland Dr.), Bond No. 83 SB -100390298 in the amount of $362,000. 5.9 ADOPTED RESOLUTION NO. 92-03: 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 I' TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1916 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. 5.10 APPROVAL OF AMENDMENT NO. 3 TO THE EAST SAN GABRIEL VALLEY INTEGRATED WASTE MANAGEMENT JOINT POWERS AUTHORITY AGREEMENT AND CORRESPONDING AIR QUALITY MANAGEMENT PARTICIPATION AGREEMENT - Approved Amendment No. 3 modifying the East San Gabriel Valley Integrated Waste Management Joint Powers Authority Agreement and authorized the Mayor to execute the Air Quality Program Participation Agreement enabling the City to partici- pate with the JPA in the preparation of the Air Quality Element. 6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 6.1 PROCLAMATION - Proclaimed the week of March 8 - 14, 1992 as "Girl Scout Week." MPT/Papen presented the Proclamation to Junior Girl Scout Troop 378. 6.2 UPDATE ON STATUS OF JCC PROJECT - CDD/DeStefano stated that Tentative Tract Maps 47851 47850 and 48487 had been continued to March 3, 1992 so that the developers could provide a variety of responses to Council concerns and the City engaged engineering and FEBRUARY 18, 1992 PAGE 5 environmental consultants to review issues pertaining to mitigation monitoring, responses to comments, sewer analyses, soils analyses and other issues outlined by the community and the City Council. He further commented that the March 3rd public hearing date may require further continuance due to lack of opportunity for staff to provide a quality analysis of all the data for Council's consideration, provide feedback to the consultants, finalize the reports and provide the analysis and reports to the community and City Council. C/Werner asked the City Attorney for clarification as to whether or not there needs to be a finding of consistency with the General Plan. CA/Arczynski stated that there is a requirement for consistency of the General Plan; however, that finding has to be made in the context of the date in which the application was filed. Whatever Codes or Ordinances were in place when the map application and other documents were filed by Diamond Bar Associates with the City, will be the controlling factors in which document applies to it for analysis. 6.3 INTRODUCTION OF EMERGENCY SERVICES COORDINATOR - M/Kim introduced Mr. Phil Armentrout as the City's new Emergency Services Coordinator. Mr. Armentrout briefly described his background and plans for development of the City's disaster plans. 7. NEW BUSINESS: 7.1 RESOLUTION NO. 92-04: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ESTABLISHING A DEPOSIT FEE FOR THE PROCESSING OF STREET ADDRESS NUMBER CHANGES - ACM/Belaijer reported that, as a result of a number of requests from residents, staff prepared a proposed resolution which would accomplish two things: establish a deposit fee for processing an address number change and establish a procedure by which the application can be processed and approved or disapproved. C/Miller requested that Section 7 be amended to read "If the actual costs incurred do not exceed this amount, the unused portion of deposit will be refutded." He did not feel it appropriate to require the owner to request a refund. Martha Bruske, 600 S. Great Bend Dr., stated that she was opposed to the matter and suggested that the Council spend their time more wisely. She further reminded the Council that she had made a specific complaint at a previous meeting but has yet to hear FEBRUARY 18, 1992 PAGE 6 from any City staff member in response. C/Werner stated that he processes these type of requests at another City and that the entire process should require no more than one hour of staff's time. He felt that the Resolution was unnecessary. Following discussion, C/Forbing moved, C/Miller seconded to adopt Resolution No. 92-04, as amended. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN - Werner ABSENT: COUNCILMEN - None RECESS: M/Kim recessed the meeting at 7:12 p.m. RECONVENE: M/Kim reconvened the meeting at 7:30 p.m. 8. PUBLIC HEARINGS: 7:00 P.M. OR AS SOON THEREAFTER AS MATTER CAN BE HEARD: 8.1 RESOLUTION NO. 92-05: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A SERVICE CHARGE FOR RELEASE OF STORED AND/OR IMPOUNDED VEHICLES - ACM/Belanger reported that owners of vehicles currently impounded/stored from within the City boundaries are not charged for impound/storage expenses yet the Sheriff incurs costs which are passed to the City, via the Contract for Law Enforcement Services. Reasons for impounding/storing vehicles may be due to abandonment, expired registration, vehicle creating a hazard, blocking a driveway, having more than 5 outstanding parking tickets, operation of vehicle by unlicensed driver or with a suspended license. After consultation with the Sheriff's Department, staff determined a fee of $60.00 would cover the costs of Sheriff and City personnel related to the release of an impounded or stored vehicle. The proposed fee does not include fees charged by the storage facility or for towing charges. M/Kim opened the Public Hearing. Al Rumpilla, 23958 Golden Springs Dr., asked whether the fee would defray costs and reduce the Sheriff's Department billing to the City or go into the General Fund. ACM/Belanger stated that fees would initially go to the General Fund but would also defray costs undertaken by the Sheriff. With no further testimony offered, M/Kim closed the FEBRUARY 18, 1992 PAGE 7 Public Hearing. C/Forbing moved, MPT/Papen seconded to adopt Resolution No. 92-05. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Werner, Forbing, Miller, MPT/ Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 9. ANNOUNCEMENTS: C/Forbing, C/Miller and C/Werner announced that the public is free to contact them regarding questions or concerns regarding City operations. C/Werner repeated his hotline number of 861-1757. MPT/Papen stated that she felt the same as her colleagues. She further spoke regarding the sign ordinance and comments that were made during the Public Comment portion of the meeting. She suggested that Council consider setting up a committee,regarding signs. CA/Arczynski suggested that anyone wanting to put up a sign should first contact City staff in order to alleviate confusion and problems. 10. ADJOURNMENT: With no further business to conduct, M/Kim adjourned the meeting at 8:45 p-i-it LAY BURGESc, ty Cork City of Diamor-d- Lar ATTEST: