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HomeMy WebLinkAbout03/17/1992 Minutes - Regular Meeting1. 2. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 17, 1992 CLOSED SESSION: 5:00 p.m. Personnel - G.C.Section 54957.6 Litigation - G.C. Section 54956.9 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 The audience was led in the Pledge ALLEGIANCE: 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; Terrence L. Belanger, Assistant City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Director of Community Development; Sid Mousavi, Public Works/City Engineer and Lynda Burgess, City Clerk. 3. COUNCIL COMMENTS: The City Attorney announced that during Closed Session, the Council discussed Personnel matters, settle-ment of the case of Scott vs. Diamond Bar and potential settlement of the case City of Diamond Bar vs. Los Angeles County. 4. PUBLIC COMMENTS: Al Rumpilla, 23958 Golden Springs Dr., stated that he was opposed to the words "in favor of/against" added to newly -designed speaker's cards. He further requested adding "Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject who has not filled out a card." CM/Van Nort stated that several concerns had been expressed regarding the Speakers Cards and that the matter would be included on a future agenda for final resolution. Clair Harmony, 24139 Afamado, requested that Item No. 5.5 on the Consent Calendar be pulled for discussion. Don Schad, 1824 Shaded Wood Rd., asked Council to amend the adopted County Tree Ordinance to include the Black Walnut, California Sycamore and California Pepper which are significant to Diamond Bar and that it be done prior to any project being released. Ken Anderson, 2628 Rising Star Dr., stated that he was speaking against the SpeeDee Lube project in the Country Hills MARCH 17, 1992 5. PAGE 2 Towne Center recently approved by the Planning Commission. He presented a letter to the Council outlining his concerns which include, parking, traffic at Fountain Spgs. and Diamond Bar Blvd., graffiti, etc. He further requested that Council look into this matter. CA/Arczynski stated that two public hearings were held on the SpeeDee Lube proposal and on February 24, 1992, the Planning Commission approved half of the project and denied the other. Tracy Baldwin, 239 Red Cloud Drive, spoke regarding lack of maintenance of homes and yards as well as enforcement of CC&R's. He suggested that a study panel be formed to include members of the City Council, Planning Commission, Diamond Bar Improvement Association and residents to review the situation and clean up the City. In addition, the City should adopt a uniform ordinance to enforce City-wide. MPT/Papen asked that staff review this situation and look at ordinances already in place to help alleviate the situation. C/Werner suggested that the Code Enforcement Officer look at Uniform Building Code provisions for abatement of nuisances similar to those referred to by Mr. Baldwin. CONSENT CALENDAR: C/Forbing moved, C/Werner seconded to approve the Consent Calendar with the exclusion of Item 5.5. 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 Planning Commission - March 23, 1992 - 7:00 p.m., AQMD, 21865 E. Copley Dr. 5.1.2 City Council Study Session - March 24, 1992 - 6:00 p.m., AQMD Room CC -8, 21865 E. Copley Dr. 5.1.3 Parks & Recreation Commission - March 26, 1992 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.1.4 City Council Meeting - April 7, 1992 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 APPROVAL OF MINUTES 5.2.1 Regular Meeting of March 3, 1992 - Approved as submitted. 5.2.2 Study Session of March 10, 1992 - Approved as submitted. 5.3 WARRANT REGISTER - Warrant Register dated March 17, 1992 in the amount of $660,976.07 - Approved as submitted. MARCH 17, 1992 PAGE 3 5.4 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of February 13, 1992 - Received and filed. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 5.5 AWARD OF CONTRACT TO UMA ENGINEERING, INC. FOR FIXED ROUTE DEVIATION PUBLIC TRANSIT SYSTEM - CM/Van Nort stated that numerous citizens have expressed concern that transit needs have not been met. The Traffic & Transportation Commission reviewed the matter and agreed that study should be conducted for a fixed route deviation transit system traveling Diamond Bar Blvd. and all major arterials. Existing public transit consists of paratransit and dial -a -ride. The study would be funded through Proposition A funds for a system to coincide with other cities' park -n -rides and transit systems and would discuss future train systems. The study will also address the type of vehicles to be used including availability of grants from several sources to provide for electric buses. C/Werner moved, MPT/Papen seconded to award a contract to UMA Engineering, Inc. in an amount not to exceed $34,872. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 6.1 PROCLAMATIONS: 6.1.1 Proclaimed March 1992 as "Red Cross Month." 6.1.2 Proclaimed April 1992 as "Earthquake Awareness Month." 6.1.3 Proclaimed April 6-12, 1992 as "Public Health Week." C/Werner read the Proclamation and presented it to Julia Kay, representing the L.A. County Health Department. 6.1.4 Proclaimed April 6-10, 1992 as "Safe Community Week." C/Miller read the Proclamation and presented it to Lt. Michael Muravez, L.A. County Sheriff's Department, Walnut Station. CM/Van Nort stated that the City will be contributing to a fund involving the County and both school districts. 6.2 CITY TILES: 6.2.1 PLANNING COMMISSION: M/Kim presented City Tiles to former Planning Commissioners David Schey and Clair Harmony. Garry Stitt, representing Assemblyman Paul Horcher, also presented the outgoing MARCH 17, 1992 PAGE 4 Commissioners with Certificates of Recognition. 6.2.2 PARKS & RECREATION COMMISSION - M/Kim presented City Tiles to former Parks & Recreation Commissioners David Meyer and Garrettson Stitt. Mr. Stitt presented a Certificate of Recognition to David Meyer on behalf of Assemblyman Paul Horcher. 6.2.3 TRAFFIC & TRANSPORTATION COMMISSION - M/Kim presented City Tiles to former Traffic & Transportation Commissioner Tom Ortiz. Art Fritz was unable to be present to accept his tile. Mr. Stitt presented a Certificate of Recognition to Tom Ortiz on behalf of Assemblyman Paul Horcher. Mr. Ortiz thanked the Council and accepted the plaque on behalf of all citizens of Diamond Bar and expressed appreciation to all City staff for their assistance. 6.3 DIAMOND BAR HIGH SCHOOL BAND, COLOR GUARD & TAURIAN DANCE TEAM - C/Forbing presented a Tile to representatives from each group for being chosen the "Best Band in the Parade" at the 1991 Fiesta Bowl. 6.4 DIAMOND BAR HIGH SCHOOL TAURIAN DANCE TEAM - C/Forbing presented a Tile to representatives from the dance team for winning first place at the California State Small j Dance Championship held recently in San Jose. 6.5 DIAMOND BAR FLAG FOOTBALL TEAM - C/Werner presented a Tile to Bob Rose, representing the Flag Football team, for winning the San Gabriel Valley Municipal Athletic Association 1991 Youth Flag Football Championship. RECESS: M/Kim recessed the meeting at 7:00 p.m. RECONVENE: M/Kim reconvened the meeting at 7:20 p.m. 8. PUBLIC HEARINGS: 7:00 p.m. or as soon thereafter as matters can be heard. 8.1 RESOLUTION NO. 92-08: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 91-14 AND NEGATIVE DECLARATION NO. 92-2, AN APPLICATION FOR A DRY CLEANING ESTABLISHMENT WITH A DRY CLEANING PLANT ON THE PREMISES AT 1397-99 DIAMOND BAR BLVD. AND MAKING FINDINGS IN SUPPORT THEREOF - MARCH 17, 1992 PAGE 5 CDD/ DeStefano stated that the Planning Commission approved a Conditional Use Permit for this matter on February 11, 1992 and an appeal was filed subsequent thereto. M/Kim opened the Public Hearing. Charles Kubes, 99 E. "C" Street, Upland, representing the owners of Montefino Plaza, opposed approval of the CUP. Arman and Grigo Haytaian, 1414 Blenbury Dr., co-owners of Thrifty Dry Cleaners, opposed approval due to the close proximity of the new cleaners to theirs. Clair Harmony, 24139 Afamado, stated that he had voted against this matter when considered by the Planning Commission. Douglas Levine, dry cleaning consultant and representa- tive for Eko and Monica Kuntjuro, applicants, stated a permit had been obtained from the AQMD for installation of a dry cleaning plant at the proposed location. He further pointed out that parking in this area is not a problem. A representative from Nancy's Pet Parlor, next door to Thrifty Dry Cleaners, also opposed the project. In response to C/Werner's inquiry, Lou Franzine, repre- senting Jim Dandy Cleaners, stated that he had spent approximately one year searching for a site. Ole Klone, 23272 Woodlake Dr. opposed the project. In response to M/Kim's request, CDD/DeStefano stated that traffic congestion in the center had been analyzed by Engineering who recommended to the Planning Commission that the site was sufficient to handle the existing uses as well as this increase. With no further testimony offered, M/Kim closed the Public Hearing. C/Werner stated that he was concerned about traffic access and signage considered necessary for recognition. He moved to deny the CUP based on existing traffic and circulation patterns which would not satisfy a high volume discount enterprise such as this. Motion died for lack of second. Following discussion, C/Forbing moved, C/Miller seconded to adopt Resolution No. 92-08 approving Conditional Use Permit No. 91-11 and Negative Declaration No. 92-2. With the following Roll Call vote, motion carried: MARCH 17, 1992 PAGE 6 AYES: COUNCILMEN - NOES: COUNCILMEN - ABSENT: COUNCILMEN - Werner, Forbing, Miller, MPT/Papen, M/Kim None None RECESS: M/Kim recessed the meeting at 8:16 p.m. RECONVENE: M/Kim reconvened the meeting at 8:23 p.m. 7. OLD BUSINESS: 7.1 MUNICIPAL WASTE COLLECTION AND DISPOSAL CONTRACT - ACM/Belanger reported that in December 1991, Council declared its intent to establish an exclusive franchise for provision of municipal waste collection, disposal and recycling services. The three firms considered better qualified were interviewed by the City Manager, the Assistant City Manager and the Assistant to the City Manager and it was determined that Western Waste was the most qualified. Staff recommended entering into negotiations with Western Waste for establishing an exclusive franchise for collection and disposal of solid waste as well as establishment of a franchise fee. MPT/Papen asked why composting is part of the proposal since the SRRE calls for participation in a composting project costing $6-700,000 initially. Asst. to CM/Butzlaff stated that in the preliminary SRRE, a composting facility was cited as an alternative for collection of greenwaste and called for establishment of a regional facility to be implemented by the San Gabriel Integrated Waste Management Joint Powers Authority. It was later determined that this was unwarranted and thus stricken from the final draft of the SRRE. The City still needs to develop a disposal alternative suitable to handle the greenwaste materials that coi::prise approxim- ately 17.9% of its existing waste stream. There are several alternatives, including the County Sanitation District Landfill Cover Program which is not a permitted use program at this point, but the City maybe able to use some of the materials there. MPT/Papen suggested that since the County Sanitation District operates the greenwaste program and citizens pay a reduced tipping fee, discussion of t;e" composting program should be eliminated. ACM/Belanger explained that staff felt that the composting element should be placed in the, agreement but not as an active provision. In response to C/Miller's question, ACM/Belanger stated that all firms were evaluated in a comparative fashion based on their ability to deliver the kind of services MARCH 17, 1992 PAGE 7 needed to be provided on the first day in order to comply with AB939. It was determined that Western Waste already owned and operated facilities to assist the City in achieving that compliance in each of the categories considered to be important. The other firms are either leasing or in the process of obtaining permits for those kinds of facilities. Following discussion, C/Werner moved to negotiate with Community Disposal. Motion died for lack of second. With no further questions by Council, M/Kim opened the discussion to the public. Bill George, 378 N. Prospectors Rd., spoke in opposition to staff's recommendation and felt Council should go with the lowest bid. The following spoke in favor of staff's recommendation: Kandee Beas, 23520 Jubilee In. Connie Shotts, 501 S. Diamond Bar Blvd., Chuck Martin, 444, N. Red Cloud. Al Simonian, 13793 Redwood Ave., representing Western Waste, discussed his firm's facilities and indicated that residential customers in D.B. are currently paying $7.95 plus $.35 for the City's permit fee. A number of residents pay an additional $2.00 for recycling services. Paul J. Dyson, 1200 Corporate Center Dr., Monterey Park, Regional Acct. Manager for Southern Pacific Transportation Co. spoke in regard to transportation of waste and recyclable materials and addressed the spread sheet provided. Resident Don Gravdahl asked that Council consider the lowest responsible bidder. Red Calkins, 240 Eagle Nest Dr., reiterated his opinion that an exclusive franchise should not be considered as the City should be open to free enterprise. Dennis Chiapetta, 14048 Valley Blvd, Industry, General Manager of Community Disposal, spoke against staff's recommendation. He stated that his fire charged $10.95 for automated service, $9.95 for manual service with a 30% discount to senior citizens, and includes recycling as well as the $.35 city permit fee. Al Rumpilla, 23958 Golden Springs Dr., opposed awarding exclusive franchises. Frank Dursa, 2533 Harmony Hill Dr., suggested that both MPT/Papen and M/Kim may have conflicts of interest due to MARCH 17, 1992 PAGE 8 their involvement with a public relations consultant, Mike Lowe, and that an independent committee should be appointed to rule on this issue. Clair Harmony, 24139 Afamado, expressed concern for the Council's dilemma over this issue. Mike Lowe, 1124-D Cleghorn, encouraged Council to make a decision as quickly as possible. C/Werner asked if Mr. Lowe was in any way employed by Western Waste. Mr. Lowe stated that he was self-employed by Telemarketing Plus. Tom Van Winkle, 21103 Gerndahl, opposed exclusive franchising. Mike Muller, representing Waste Management, opposed staff's recommendation and stated that his firm started the first recycling program with the D.B. Improvement Assn. Ray Anderson offered to make a presentation at a future meeting regarding rail haul projects. RECESS: M/Kim recessed the meeting at 10:43 p.m. RECONVENE: M/Kim reconvened the meeting at 10:50 p.m. C/Miller moved, MPT/Papen seconded to direct staff to negotiate as recommended. Motion failed with the I following Roll Call vote: AYES: COUNCILMEN - Miller, MPT/Papen NOES: COUNCILMEN - Werner, M/Kim ABSTAIN: COUNCILMEN - Forbing ABSENT: COUNCILMEN - None M/Kim moved, C/Werner seconded to negotiate one-year contracts with Western Waste and Community Disposal with direction for staff review of services following the one-year period. Motion failed with the following Roll Call vote: AYES: COUNCILMEN - Werner, M/Kim NOES: COUNCILMEN - Miller, MPT/Papen ABSTAIN: COUNCILMEN - Forbing ABSENT: COUNCILMEN - None C/Werner moved, M/Kim seconded to direct staff to negotiate with Western Waste and Community Disposal for exclusive and semi -exclusive franchises in the event the City desired to contract with both. Staff would report MARCH 17, 1992 PAGE 9 on the negotiations on May 5, 1992. With the following Roll Call vote, motion failed: AYES: COUNCILMEN - Werner, M/Kim NOES: COUNCILMEN - Miller, MPT/Papen ABSTAIN: COUNCILMEN - Forbing ABSENT: COUNCILMEN - None MPT/Papen requested that Council reconsider C/Miller's motion that staff proceed with their recommendation. C/Miller moved, MPT/Papen seconded to direct staff to negotiate with Western Waste Industries for establishing an exclusive franchise for solid waste, disposal and recycling per staff's recommendation. With the following Roll Call vote, motion failed: AYES: COUNCILMEN - Miller, MPT/Papen NOES: COUNCILMEN - Werner, M/Kim ABSTAIN: COUNCILMEN - Forbing ABSENT: COUNCILMEN - None C/Werner moved, C/Miller seconded to direct staff to return in two weeks with a better explanation of their number 1, 2 and 3 prioritization. With the following Roll Call vote, motion failed: AYES: COUNCILMEN - Werner, Miller NOES: COUNCILMEN - MPT/Papen, M/Kim ABSTAIN: COUNCILMEN - Forbing ABSENT: COUNCILMEN - None C/Werner moved to negotiate with Community Disposal based on staff's analysis that they are the least expensive service provider. Motion died for lack of second. MPT/Papen moved to direct staff to meet with Waste Management and Western Waste to discuss negotiating franchise agreements for the provision of solid waste collection, disposal and recycling services. Motion died for lack of second. C/Miller moved, MPT/Papen seconded to direct staff to negotiate with Western Waste as recommended by staff and bring it back for further discussion on May 5th. With the following Roll Call vote, motion failed: AYES: COUNCILMEN - Miller, MPT/Papen NOES: COUNCILMEN — Werner, M/Kim ABSTAIN: COUNCILMEN - Forbing ABSENT: COUNCILMEN - None C/Miller moved, M/Kim seconded to continue this item to the April 7th meeting, and not open discussion to the public. With the following Roll Call vote, motion MARCH 17, 1992 PAGE 10 carried: AYES: COUNCILMEN - Werner, Miller, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSTAIN: COUNCILMEN - Forbing ABSENT: COUNCILMEN - None 9. ANNOUNCEMENTS: CM/Van Nort announced that a disaster fund had been created for those businesses destroyed by fire on Brea Canyon at Pathfinder on March 10, 1992. Donations can be made to The Diamond Bar Disaster Fund c/o Bank of America, 200 S. Lemon St., Walnut. He also announced that the meeting would be adjourned to March 24, 1992 for a study session. 10. ADJOURNMENT: With no further business to conduct, M/Kim adjourned the meeting to March 24, 1992 for a Study Session at 6:00 p.m. in Room CC -8 at the AQMD, 21865 E. Copley Dr. LYN A BURGESS, City Clerk ATT ST: AV Nayor