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HomeMy WebLinkAbout12/01/1992 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 1, 1992 1. CLOSED SESSION: Litigation - Government Code 54956.9 Personnel - Government Code 54957.6 No reportable action taken. 2. CALL TO ORDER: M/Kim called the meeting to order at 6:00 p.m. in the AQMD Auditorium, 21865 E. Copley Dr., Diamond Bar, California. 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 L. Belanger, City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 3. PUBLIC COMMENTS: Carter Schuld, 1928 Chestnut Creek Rd., announced the formation of a local musical dance group for ages 14 to 21 called "The Pacific Crest Drum and Bugle Corps." William Gross, 21637 High Bluff Rd., expressed concern that citizens involved in the Referendum process and others pursuing private interests in the political process had been unduly intimidated by those in the City government. He commented on the appearance of conflicts of interest surround- ing political contributions received by MPT/Papen and allegations made by the L.A. Times involving C/Miller's activities with Mr. Lancaster in the City of Covina. C/Miller replied that he had never threatened anyone involved in the Referendum nor had he written to the FPPC regarding anyone involved in the Referendum. In regard to recent allegations made by the L.A. Times, he stated that his actions as a businessman had nothing to do with his actions as a City Councilmember. MPT/Papen pointed out that campaign contributions are not conflicts of interests. Furthermore, councilmembers must make full disclosure regarding income, employment, etc., yet these special interest groups have not disclosed who is funding their political pursuits. Citizens should be kept informed of these types of contributions as well. Fred Scalzo, President of the Chamber of Commerce, regarding a recall survey that mentioned the Chamber of Commerce, clarified that the Chamber is not part of that effort and that they do not get involved in partisan or individual politics. The Chamber is neutral and only takes a position in favor of or against issues. DECEMBER 1, 1992 PAGE 2 Eileen Ansari, 1823 S. Cliffbranch Dr., suggested that the City utilize expert resources living within the community; that the City could sponsor a food drive in coordination with the Chamber of Commerce for donation to the Walnut Valley Food Bank to aid families that have lost their jobs or are in need during this difficult economic period; and that the City utilize vacant stores for various recreational activities, since it appears as though the new Heritage Park Building will not be adequate in size. CM/Belanger reported that the size of the Heritage Park Building will be adequate and more such centers will ultimately be constructed within the City. The City has pursued, and will continue to pursue, the use of store fronts for both senior and youth activities. Staff will bring back a report to Council on the use of those facilities. Frank Dursa, 2533 Harmony Hill Dr., expressed concern that Council accuses citizens of grandstanding in front of the camera simply because they have a difference of opinion with the Council. He noted that it was Mr. Lancaster who wanted to develop a racquet club in one of the parks when the City first incorporated. 4. COUNCIL COMMENTS: C/Forbing, in response to a letter to the editor written by Martha Bruske published in the Tribune, stated that the comments made were incorrect. He pointed out that the Council seriously considered expert comments made by citizens regarding the Tonner Canyon development, as well as those suggestions made by Mr. George regarding the trash contract. 5. CONSENT CALENDAR: M/Kim announced that he would abstain from approval of the Minutes of November 17, 1992, because he was not present during that meeting. C/Forbing moved, MPT/Papen seconded to approve the Consent Calendar. 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 City Council Meeting - December 8, 1992 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.2 Traffic & Transportation Commission - December 10, 1992 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.1.3 Planning Commission - December 14, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.4 City Council Meeting - December 15, 1992 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. DECEMBER 1, 1992 PAGE 3 5.2 APPROVAL OF MINUTES - Regular Meeting of November 17, 1992 - Approved as submitted (M/Kim abstained from 5.8 PLANS AND SPECIFICATIONS FOR PURCHASE & DELIVERY OF PLANTING AND IRRIGATION MATERIALS FOR ROUTE 60 FREEWAY PROJECT - Approved plans and specifications for purchase and delivery of planting and irrigation materials for Route 60 Freeway project and directed the City Clerk to advertise to receive bids. 5.9 CLAIM FOR DAMAGES - Filed by Vinod & Sushma Kashyap filed November 16, 1992. Rejected request and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 5.10 TRANSFER OF MESSAGE BOARD TO WALNUT VALLEY UNIFIED SCHOOL DISTRICT IN EXCHANGE FOR PROVIDING THE CITY OF DIAMOND BAR WITH MEETING FACILITIES AND POSTING LOCATIONS - Directed staff to prepare a Bill of Sale providing for transfer of the City's "posting box" sign affixed to the wall of the WVUSD offices in consideration for the District's generosity in providing meeting facilities and a notice posting location to the City. 5.11 ADOPTED THE FOLLOWING RESOLUTION, NO. 92-64, ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY SEWER MAINTENANCE DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF SEWER IMPROVEMENTS KNOWN AS approval due to his absence from this meeting). 5.3 WARRANT REGISTER - Approved Warrant Register dated December 1, 1992 in the amount of $425,954.33. 5.4 TREASURER'S REPORT - Received and filed Treasurer's Report for Month of October, 1992. 5.5 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of October 22, 1992 - Received & filed. 5.6 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of September 10, 1992 - Received & filed. 5.7 PLANNING COMMISSION MINUTES - 5.7.1 Regular Meeting of August 10, 1992 - Received & Filed. 5.7.2 Regular Meeting of September 14, 1992 - Received & Filed. 5.7.3 Regular Meeting of September 28, 1992 - Received & Filed. 5.7.4 Regular Meeting of October 12, 1992 - Received & Filed. 5.7.5 Regular Meeting of October 26, 1992 - Received & Filed. 5.8 PLANS AND SPECIFICATIONS FOR PURCHASE & DELIVERY OF PLANTING AND IRRIGATION MATERIALS FOR ROUTE 60 FREEWAY PROJECT - Approved plans and specifications for purchase and delivery of planting and irrigation materials for Route 60 Freeway project and directed the City Clerk to advertise to receive bids. 5.9 CLAIM FOR DAMAGES - Filed by Vinod & Sushma Kashyap filed November 16, 1992. Rejected request and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 5.10 TRANSFER OF MESSAGE BOARD TO WALNUT VALLEY UNIFIED SCHOOL DISTRICT IN EXCHANGE FOR PROVIDING THE CITY OF DIAMOND BAR WITH MEETING FACILITIES AND POSTING LOCATIONS - Directed staff to prepare a Bill of Sale providing for transfer of the City's "posting box" sign affixed to the wall of the WVUSD offices in consideration for the District's generosity in providing meeting facilities and a notice posting location to the City. 5.11 ADOPTED THE FOLLOWING RESOLUTION, NO. 92-64, ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY SEWER MAINTENANCE DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF SEWER IMPROVEMENTS KNOWN AS DECEMBER 1, 1992 PAGE 4 PRIVATE CONTRACT NO. 10883 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. 5.12 FINAL AUDIT REPORT FOR FY 91-92 - Prepared by Thomas, Byrne & Smith - Received & Filed. 6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 6.1 CERTIFICATE OF RECOGNITION - Presented to Lydia Plunk in recognition of her certification as a Master Composter. 7. OLD BUSINESS: 7.1 NOMINATION OF CANDIDATES FOR INTERVIEW TO FILL COUNCIL VACANCY - C/Forbing suggested that rather than each Councilmember selecting two persons to be interviewed from among those 15 who sent letters of interest, that all be invited to the interviews scheduled for December 8, 1992. C/Miller seconded the suggestion. Following discussion regarding the procedure discussed at the previous meeting, motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, M/Kim NOES: COUNCILMEN - MPT/Papen ABSENT: COUNCILMEN - None 7.2 MID -YEAR BUDGET AMENDMENT FOR FISCAL YEAR 1992 -93 - Estimated Revenue and Appropriations modifications to reflect changes in the State budget and further refinement in the amounts budgeted - Continued to December 15, 1992. 7.3 RESOLUTION NO. 90-45F: RESOLUTION 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 - The City Manager recommended changes to wages, hours and working conditions of City employees, set forth as Personnel Rules and Regulations in Resolution Nos. 90-45 and 90-45A through 90-45E - Continued to December 15, 1992. 7.4 RESOLUTION NO. 92-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING, WITHOUT PREJUDICE, VESTING TENTATIVE TRACT MAP NO. 47850 (A FIFTY-THREE (53) LOT SUBDIVISION) LOCATED SOUTHEAST OF THE INTERSECTION OF WAGON TRAIN LANE AND THE NORTHERLY TERMINUS OF -- STEEPLECHASE LANE, DIAMOND BAR, COUNTY OF LOS ANGELES, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF - M/Kim excused himself from discussion of this matter due to a potential conflict of interest. It was moved by C/Miller, seconded by C/Forbing to adopt DECEMBER 1, 1992 B. PAGE 5 Resolution No. 92-65 denying Vesting Tentative Tract Map 47850 without prejudice. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/ Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None ABSTAIN: COUNCILMEN - M/Rim 7.5 SOLID WASTE CONTRACT - CM/Belanger reported that the agreement had been amended in accordance with Council direction and includes input from the proposed franchisee as well as public comments. C/Werner, referring to a statement in the staff report indicating that there had been several meetings held by staff, the subcommittee, representatives from the Chamber of Commerce, Western Waste, and other interested individuals, asked why he was not included in those meetings since he is part of the subcommittee. He indicated that he was unable to attend one meeting, and was not informed of any other meetings that took place. CM/Belanger explained that the staff report referred to one meeting held that one subcommittee member was unable to attend but that that member was aware of it. The report further referred to another meeting held with staff and Western Waste to review the changes. NEW BUSINESS: 8.1 NEEDS ASSESSMENT FOR DIAMOND BAR SENIORS - The City is planning to establish a senior citizen program at Heritage Park Community Center upon completion of construction. The Needs Assessment for Diamond Bar Seniors is a tool with which planning for senior programming can begin. It was moved by C/Forbing, seconded by C/Miller to authorize distribution of the Needs Assessment for D.B. Seniors and appropriate $900 to obtain mailing labels and mail the Assessment directly to the 2,643 households identified as having at least one adult over the age of 60 years in residence. Motion carried unanimously by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/ Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 8.2 ESTABLISHMENT OF ECONOMIC DEVELOPMENT STRATEGIC PLAN TASK FORCE - The City Council recently received the final draft of a business retention plan from the DECEMBER 1, 1992 PAGE 6 Magellan Group. Among recommendations contained in the report was completion of a business survey and establishment of an Economic Development Strategic Plan Task Force. At the Council meeting of November 17, 1992, the Council approved participation in the San Gabriel Valley Business Survey. The creation of an Economic Development Strategic Plan will use the business demographic data generated by the Business Survey for foundational information for an Economic Development Strategic Plan. The formation of an ad hoc task force to study and recommend elements of an Economic Development Strategic Plan would be comprised of Council, Commission, business and community members - Continued to December 15, 1992. 9. PUBLIC HEARING: 7:00 p.m. or as soon thereafter as matters can be heard. 9.1 ORDINANCE XX(1992): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A HILLSIDE MANAGEMENT (GRADING) ORDINANCE AND MAKING FINDINGS IN SUPPORT THEREOF - Implementation of the General Plan and expiration of the Interim Hillside Management Ordinance (Ordinance No. 14-B(1990)) created the necessity for permanent standards for hillside development. The intent of Zoning Code Amendment No. 92-2 is to revise existing standards for hillside development. M/Kim opened the Public Hearing. With no testimony offered, M/Kim continued the Public Hearing to December 15, 1992. 10. ANNOUNCEMENTS: None offered. 11. REORGANIZATION OF CITY COUNCIL: 11.1 SELECTION OF MAYOR - C/Forbing moved, MPT/Papen seconded to nominate C/Miller as Mayor for the following year. With the following Roll Call Vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, MPT/Papen, M/ Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None ABSTAIN: COUNCILMEN - C/Werner 11.2 SELECTION OF MAYOR PRO TEM - C/Forbing moved, M/Miller seconded to nominate MPT/Papen as Mayor Pro Tem for the following year. With the following Roll Call Vote, motion carried: DECEMBER 1, 1992 PAGE 7 AYES: COUNCILMEN - Forbing, Kim, MPT/Papen, M/ - Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None ABSTAIN: COUNCILMEN - C/Werner 12. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 7:30 p.m. to December 8, 1992 at 6:00 p.m., for interviews to fill the City Council vacancy. LYNDA BURGESS, City -Clerk ATTEST: FA'�4!rNg Mayor