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Home My WebLink About06/16/1992 Minutes -Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 16, 1992 1. CLOSED SESSION: Personnel - G.C. Section 54957.6 Litigation - G.C. Section 54956.9 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 Terrence Belanger, Acting City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Director of Community Development; George Wentz, Interim Public Works Director/City Engineer and Lynda Burgess, City Clerk. 3. COUNCIL COMMENTS: C/Werner complimented staff on the General Plan summary that was mailed to the community. 4. PUBLIC COMMENTS: Al Rumpilla, 23958 Golden Springs Dr., asked that Item 5.6, City Attorney Contract, be pulled from the Consent Calendar for discussion. He further stated that, for the record, if a new Councilmember is needed due to Mr. Kim's election to Congress, selection should be by appointment of the next highest vote getter from the November 1991 election. This would save the City money as well as criticism. Red Calkins, 240 Eagle Nest Dr., stated that he was extremely disappointed in the manner in which campaigns were handled during the June 2nd election. 5. CONSENT CALENDAR: C/Miller moved, C/Werner seconded to approve the Consent Calendar with the exception of Item 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 EVENTS: 5.1.1 Planning Commission - June 22, 1992 - 7:00 p.m., AQMD Auditorium, 21865-E. Copley Dr. 5.1.2 City Council Draft General Plan Public Hearing - June 23, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. (Land Use). JUNE 16, 1992 PAGE 2 5.1.3 Parks & Recreation Commission - June 25, 1992 - 7:00 p.m. - AQMD Hearing Room, 21865 E. Copley Dr. 5.1.4 City Council Draft General Plan Public Hearing - June 29, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. (Resource Management and Housing Elements). 5.1.5 Concert in the Park - July 1, 1992 - Sycamore Canyon Park - 6:30 p.m. - 8:00 P.m-, "Kick -Off Concert" All Southern California Concert/ Patriotic Music 5.1.6 July 3, 1992 - City Offices Closed for 4th of July Holiday. 5.2 WARRANT REGISTER - Approved Warrant Register dated June 16, 1992 in the amount of $2,231,385.70. 5.3 SCJPIA MEMBERSHIP, CITY OF BUELLTON - Authorized C/Forbing to execute the consent form as the City's delegate to the Authority. 5.4 ADOPTED RESOLUTION NO. 92-36 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR COMMENCING JULY 1, 1992 AND ENDING JUNE 30, 1993 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH. 5.5 ARTISTIC LANDSCAPE -PURCHASE, INSTALL PARKWAY TREES - Awarded contract to Artistic Landscape and Engineering, Inc. in the amount of $26,480.00. 5.7 ADOPTED THE FOLLOWING RESOLUTION, NO: 92-37, ENTITLED - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RATIFYING THE INSTALLATION OF TRAFFIC CONTROL DEVICES AT CERTAIN LOCATIONS WITHIN THE CITY OF DIAMOND BAR. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 5.6 CITY ATTORNEY CONTRACT - ACM/Belanger reported that the City Attorney submitted a proposal for an increase in the monthly contract maximum from $5,250 to $5,500. In addition, the proposal requested an increase in the hourly rate charged for litigation and representation services not covered in the monthly maximum. C/Werner stated that the City Attorney had incurred costs exceeding the monthly maximum by up to 80% during the past year.. The $250 increase requested would not fully remunerate the City Attorney for the extra services provided to the City. JUNE 16, 1992 PAGE 3 M/Kim stated that, due to the present condition of the economy and the possibility of budget cutbacks, he felt that any increase in the contract was inappropriate at this time. Al Rumpilla, 23958 Golden Springs, expressed opposition to increase in the contract amount. Clair Harmony, 24139 Afamado, inquired into how much the City expended for pity Attorney advice regarding a potential conflict of interest on the trash issue by MPT/Papen. He also requested information on how many hours the City had been billed for personal advice to Councilmembers. CA/Arczynski stated that advising Councilmembers regard- ing potential conflicts of interest does not constitute personal advice and that he does not give personal advice to any member of the Council. Following discussion, C/Werner moved, C/Miller seconded to approve the agreement and fee increase with Markman, Arczynski, Hanson & King for basic legal services. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/Papen NOES: COUNCILMEN - M/Kim ABSENT: COUNCILMEN - None 6. OLD BUSINESS: 6.1 POMONA VALLEY HUMANE SOCIETY ANIMAL CONTROL SERVICES AGREEMENT - SUPPLEMENT #1 - Due to a lack of reports received regarding services rendered, matter was continued to July 7, 1992. 7. NEW BUSINESS: 7.1 RESOLUTION NO. 92-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1992-93 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE, UNDER PROTEST. MPT/Papen moved, C/Miller seconded to adopt Resolution No. 92-38 establishing the protested Fiscal Year 92-93 Appropriations Limit at $11,762,247. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Werner, Forbing, Miller, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None JUNE 16, 1992 PAGE 4 RECESS: M/Kim recessed the meeting at 6:35 p.m. RECONVENE: M/Kim reconvened the meeting at 7:00 p.m. 8. PUBLIC HEARING: 7:00 p.m. or as soon thereafter as matters can be heard. 8.1 LANDSCAPE ASSESSMENT DISTRICT 38, ANNEXING TO - M/Kim opened the Public Hearing. In response to Don Gravdahl's question, ACM/Belanger stated that it is proposed that landscaping of medians in the annexed areas would take place over a period of years in order to keep the assessment rate at $15.00. Mr. Gravdahl pointed out that the mobile home park in the annexed area covers two parcels of land and wondered whether assessments would be based on the number of homes rather than on the number of parcels. ACM/Belanger explained that State law does not permit the City to discriminate on the basis of the number of units on a parcel but only provides for assessments by pa With no further testimony offered, M/Kim closed the Public Hearing. CA/Arczynski advised that the following corrections to the proposed Resolution should be made: Page 2, end of paragraph 2, the words "is approved" should be included. Paragraph 3 should be deleted with paragraphs 4 and 5 renumbered to 3 and 4. C/Miller moved, MPT/Papen seconded to adopt Resolution No. 92-39, as amended, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ANNEXING TO THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38. With the following Roll Call Vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 8.2 LANDSCAPE ASSESSMENT DISTRICT 38, LEVYING ASSESSMENT - M/Kim opened the Public Hearing. Don Gravdahl, 23988 Minnequa, received clarification regarding certain items included in Attachment 1 to the Resolution. With no further testimony offered, M/Kim closed the Public Hearing. JUNE 16, 1992 PAGE 5 Following discussion, C/Werner moved, C/Miller seconded, to adopt Resolution No. 92-40 with Attachment 1, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1992-93.With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 8.3 SOURCE REDUCTION, RECYCLING & HOUSEHOLD HAZARDOUS WASTE - Asst. to CM/Butzlaff indicated that the Negative Declaration for the Source Reduction and Recycling and Household Hazardous Waste Element had been circulated through the State clearinghouse pursuant to CEQA regulations. Two comments had been received --one from the Department of Transportation and one from the State integrated Waste Management Board. Both comments were responded to and are attached to the Negative Declaration. M/Kim opened the Public Hearing. Frank Dursa, 2533 Harmony Hill Dr., suggested that the City contract with local service stations for receipt of used motor oil from residents. Asst. to CM/Butzlaff stated that residents are permitted to dispose of up to four quarts of used motor oil by contacting waste haulers. The oil must be placed in resealable plastic containers marked "waste motor oil." He announced that a Household Hazardous Waste roundup will be held at Citrus College on July 25th during which residents can dispose of up to five gallons or 50 lbs. of hazardous wastes. Max Maxwell, 3211 Bent Twig Ln., stated that he had previously contacted Western Waste to pick up used motor oil and that they did not pick it up. M/Kim asked Mr. Butzlaff to look into this matter. Stan Granger, 2300 Gold Nugget, stated that he would notify staff of service stations within the City that accept used motor oil from residents. With no further testimony offered, M/Kim closed the Public Hearing. Regarding C/Werner's questions about the greenwaste recovery program, Asst. to CM/Butzlaff indicated that the program is not scheduled for implementation until late 1993-94; however, the actual date will be dependent on what the Waste Board determines is the appropriate use JUNE 16, 1992 PAGE 6 for greenwaste at the landfill. C/Miller moved, MPT/Papen seconded to adopt Resolution No. 92-41 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING A SOURCE REDUCTION AND RECYCLING ELEMENT AND A HOUSEHOLD HAZARDOUS WASTE ELEMENT, AND ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Werner, Forbing, Miller, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 8.4 CONTINUED PUBLIC HEARING - DRAFT GENERAL PLAN - CDD/DeStefano reported that this Hearing was scheduled to review the Health and Safety Element, comprised of the Noise and Safety Elements, which are required to be included in the General Plan. Excerpts of these elements were provided to the Council and public along with the environmental assessment and impact report which provide background information on the Plan for Health and Safety. David Hudson, Project Manager, The Planning Network, stated that the Plan for Health and Safety contains provisions relating to protection of life, health and property from natural and man-made hazards in the community. It is designed to identify areas where public and private decisions on land use need to be sensitive to hazardous conditions caused by slope instabilities, seismic activity, flood, fire and wind. The element covers several subjects: geology and seismicity, flooding, fire protection services, crime and crime prevention services, emergency services and facilities, hazardous materials, air quality and noise. The existing setting section describes what now exists in the City, identifies the hazards in the community and sets the basis for determining what type of policies are needed in the future. The section also contains general information regarding development constraints on property now developed or that may be developed in the future. M/Kim opened the Public Hearing. Al Rumpilla, 23958 Golden Springs, thanked the Council and staff for the General Plan Summary which was mailed to all households. Gary Neely, 344 Canoecove Dr., discussed the feasibility of locating a state college or university in the Tres Hermanos Ranch area and requested that this subject be re -instated in the Plan. JUNE 16, 1992 PAGE 7 Martha Bruske, 600 S. Great Bend Dr., also thanked the Council for the General Plan Summary. She suggested that the City consider requiring fire -retardant roofing materials in the future and the immediate implementation of a weed abatement program. Regarding the construction of a hospital, she did not feel it necessary since, in her opinion, many residents belong to health maintenance organizations. With no further testimony offered, M/Kim closed the Public Hearing. C/Miller requested staff to contact the Federal Emergency Management Administration to review the geology and seismics addressed in Page 2 as relates to Brea Canyon and Lycoming. He felt that wording on Page 10, Section 1.10.3 was ambiguous and suggested changing the statement from "projects are defined as actions having the potential to increase the projected CNEL noise levels by more than 1dB" to "projects are defined as actions having the potential to unreasonably increase the projected CNEL noise levels." CDD/DeStefano recommended revision to the language in 1.10.3 that refers to the CEQA process of analysis of new projects with respect to noise generation or mitigation necessary upon existing noise sensitive land uses to "where feasible," "where reasonable" or "encouragement." MPT/Papen suggested that Page 4-11 include an asterisk for the public's benefit indicating "a 24-hour average" so that the guidelines are more understandable. C/Werner requested that wording regarding emergency services on Page IV -7, Strategies 1.1.1 be more specific. Following discussion, it was agreed that C/Werner would meet with staff to develop more appropriate language for this section. Following discussion regarding Section 1.1.2, it was agreed that wording be included to indicate "consistent with the requirements of the Uniform Building Code." C/Werner indicated that the word "ensure" was used too much and requested staff to substitute more appropriate wording throughout the Element. In addition, he requested that the terms "evacuation" and "ambulance services" be included in the wording for objective 1.6. He further suggested development of a Strategy 1.6.2 to "promote" the development of a hospital in the City. In response to MPT/Papen's concern regarding the lack of L.A. County Flood Control District Inventory on Page IV -7, Strategy 1.2.2, CDD/DeStefano stated an up-to-date master plan does not appear to be available but that he would look into the matter and report back to Council. JUNE 16, 1992 PAGE 8 MPT/Papen addressed Page IV -8, Objective 1.4 by stating that the City belongs to the L.A. County Fire Protection District but that the Plan appeared to indicate that the GPAC felt that the City should create its own fire district and establish its own fire department. She further indicated concern with the response time in wildland areas. Following discussion, C/Miller suggested that the wording regarding response time in wildland areas be removed and that language be inserted leaving more leeway for response time, generally. M/Kim discussed costs for requiring developers to obtain urban runoff stormwater discharge permits as outlined on Page IV -9, Section 1.8.3. Further, he questioned the necessity of a City-wide system of bikeways and equestrian trails. Mr. Hudson advised that the idea is to make sure to provide alternative modes of transportation and to provide an opportunity to use bikeways and pedestrian alternatives to reduce the amount of emissions by taking cars off the road. C/Werner suggested that under Objective 1.9, the word "shall" be replaced with "should" and requested that all "shall's" be replaced. CDD/DeStefano recommended that each subject be considered on a case-by-case basis for a determination as to when "shall" or "should" would be used. C/Miller stated that the City does not currently have the funds to design or implement pedestrian trails as called for in Section 1.9.1. CDD/DeStefano explained that the intent was to provide a non-polluting transportation alternative and that there was discussion within the Resource Management Element regarding some sort of pedestrian linkage from park to park. This item is different in that it is more related to improving air quality. M/Kim requested that Section 1.9.1 be deleted. ACM/Belanger suggested promote the provision of non- polluting alternatives such as bikeway and pedestrian trails." M/Kim re -opened the Public Hearing. With no testimony offered, M/Kim closed the Public Hearing. JUNE 16, 1992 PAGE 9 �I MPT/Papen moved, C/Werner seconded to approve the draft Plan for Health and Safety as amended. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 9. ANNOUNCEMENTS: C/Miller stated that he had received a number of calls of concern from residents in the eastside of the Country regarding septic tanks in the area and asked that staff provide Council with a recommendation regarding the implementation of a partial moratorium to stop building until an assessment district has been developed to put them on sewer. ACM/Belang r stated a een received m the consultant hired report hired for thismabo matter and that it would be on the agenda for discussion on July 7, 1992. 10. ADJOURNMENT: There being no further business to conduct, M/Kim adjourned the meeting at 9:45 p.m. to June 23, 1992 at 7:00 P.M. in the AQMD Auditorium, 21865 E. Copley Dr., to continue the Public Hearing regarding the Land-Use Element of the General Plan. NDA BURGESa, _ity-Clerk- ATTEST: