Loading...
HomeMy WebLinkAbout01/19/1993 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 19, 1993 1. CLOSED SESSION: Litigation - Government Code 54956.9 Personnel - Government Code 54957.6 No reportable action taken. 2. CALL TO ORDER: M/Miller called the meeting to order at 6:05 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/Miller. INVOCATION: The invocation was given by Reverend Steve Berger, Calvary Chapel of Diamond Bar. ROLL CALL: Mayor Miller, Mayor Pro Tem Papen and Councilmen MacBride, Forbing and Werner. Also present were Terrence L. Belanger, City Manager; Andrew V. Arczynski, City Attorney; George Wentz, Interim City Engineer; James DeStefano, Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 3. PUBLIC COMMENTS: Curtis Postel, 531 N. Deep Hill Rd., expressed concern regarding the proposed location of the City of Industry's Materials Recovery Facility (MRF) in that D.B. residents will_ be subjected to 24-hours a day of noise pollution, odors and security lighting. CM/Belanger stated that public comments on the EIR may be made by writing to the City of Industry until March 1, 1993. Industry must respond to the comments as required by law. The City of D.B. will also be commenting on the EIR during January and February. MPT/Papen stated that she shares the residents' concerns regarding the location of the proposed MRF and particularly the projected traffic that will impact the unimproved freeway systems in the area. C/Werner suggested that the residents get involved in a letter writing campaign to the City of Industry. William Gross, 21637 High Bluff Rd., responding to comments made that the referendum has delayed the progress of the South Pointe Middle School, stated that it is not the intent of the people involved in the Referendum to hold up development of any school, but rather to assure that the Plan created is consistent with the views of the citizenry. The Referendum has not delayed the South Pointe Middle School because hearings on the project have not even begun. Furthermore, many citizens do not want to see the magnitude of development proposed for the South Pointe Master Plan. The City had the opportunity to rewrite the General Plan to be consistent with the desire of the citizens. JANUARY 19, 1993 4. PAGE 2 MPT/Papen stated that the referendum has put a limit on what the City is able to do, and it has held up projects, whether that was the intention or not. CA/Arczynski reiterated that the City did not file a motion for change of venue. The City did inform the Court that there was a substantial project being processed that is partially owned by the Presiding Judge of the Criminal Courts of LA County. The court determined that the kind of potential involvement should trigger their automatic deferral of the case to the State Judicial Council for reference to another County. He pointed out that the City spent three and a half years developing a General Plan, and that it is not possible to have rewritten the General Plan in the last few months. COUNCIL COMMENTS: C/MacBride stated that he is accepting applications to fill vacancies on the Planning, Parks & Recreation and Traffic & Transportation Commissions. MPT/Papen expressed sympathy to Planning Commissioner Lydia Plunk in the loss of her father, Mr. George Lent. 5. CONSENT CALENDAR: CM/Belanger stated that the Minutes of December 15, 1992 would be amended to accurately reflect the Council's direction to staff to solicit proposals and bring back a recommendation for design consultants at the January 19, 1993 meeting. C/Werner moved, C/Forbing seconded to approve the Consent Calendar as amended. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Werner, MacBride, MPT/Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 5.1 SCHEDULE OF FUTURE EVENTS: 5.1.1 Planning Commission - January 25, 1993 - 7:00 p.m. - AQMD Auditorium, 21865 E. Copley Dr. 5.1.2 Parks & Recreation Commission - January 28, 1993 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.1.3 City Council Meeting - February 2, 1993 - 6:00 p.m. - AQMD Auditorium, 21865 E. Copley Dr. 5.2 APPROVAL OF MINUTES: 5.2.1 Regular Meeting of December 15, 1992 - Approved as amended. 5.2.2 Regular Meeting of January 5, 1993 - Approved as submitted. 5.3 WARRANT REGISTER - Approved Warrant Register dated January 19, 1993 in the amount of $215,943.48. JANUARY 19, 1993 PAGE 3 5.4 CLAIM FOR DAMAGES - Filed by Amado Saucedo, November 13, 1992. Rejected request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. 5.5 PROPOSITION A LOCAL RETURN FUND AND TRANSPORTATION DEVELOPMENT ACT AUDITS FOR THE FISCAL YEARS ENDED JUNE 30, 1992 AND 1991 - Received, accepted and filed Proposition A Local Return Fund and Transportation Development Act Fund Audit Reports for Fiscal Year ending June 30, 1992 and 1991. 6. SPECIAL PRESENTATIONS, PROCLAKATIONS, CERTIFICATES, ETC. 6.1 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR JOINING WITH THE LOS ANGELES CITY COMMISSION ON THE STATUS OF WOMEN IN CONDEMNING THE TORTURE OF BOSNIAN WOMEN AND SUPPORTING THE GOALS OF THE WOMEN'S COALITION TO END THIS PHYSICAL AND PSYCHOLOGICAL ABUSE - M/Miller presented the Proclamation to Marya Basrai. 6.2 REPORT FROM SHERIFF RE GRAFFITI PROGRAMS - Capt. Lee McCown introduced Deputy John Maxwell, assigned to Metrolink, who is an expert on graffiti and taggers. Deputy Maxwell reported that tagging in D.B. is in the beginning stages and that it is important for the entire community to work together to put a stop to it, because taggers basically have a gang mentality. The following laws have been effective in other areas: 1) prohibiting minors from possession of spray paint, markers and other paraphernalia used in tagging; 2) a Vehicle Code provision requiring that anyone between 13 to 21, convicted of spray painting, will have their driver's license suspended, or the privilege of obtaining their license delayed. At the request of the Council, Deputy Maxwell explained that the majority of graffiti in the City is from local taggers and not gangs; the idea behind tagging is to get as much fame as possible and to pick places that will be seen by the most people; they will choose buses, walls along freeways and walls along well -traveled streets; the basic mentality is no different from someone who tags a bus than someone who tags a neighborhood wall; the age group for taggers is usually between 13 and 18 years old; by 18 years old, they either have quit tagging, or they have progressed on to gangs; it is easy for a tagger to make the transition into gangs because of the lifestyle a tagger leads, such as being out late at night, stealing paint and other items, and conflicts arising with other crews and that most agencies have been cooperative in dealing with the graffiti issue. JANUARY 19, 1993 PAGE 4 Capt. McCown stated that because the problem is not just within the City but within all the Walnut/San Dimas region, a systematic approach is being utilized. He reported that the Sheriff's office is setting up sting operations and that 11 arrests for tagging have been made since December 15, 1992. All arrested were local residents, 9 of whom are juveniles and were handled through the Probation Department. One tagger caught was an adult. Further, the problem is being approached through a series of meetings with the head District Attorneys for our Criminal Justice System and with the Probation Department so that there is uniformity in dealing with juvenile and adult taggers; remaining active in the "Project Safe Community" and meeting with School District representatives once a month; giving graffiti updates on the Bulletin Board financed by the City for our Gang Unit for each of the School Districts; and presenting a draft City Ordinance for Council's review to require people selling markers and spray cans to keep them locked and accessible only to employees, in addition to the previously approved reward system for the arrest and conviction of a tagger. This action will also be stressed in other cities within the region and with the _. Board of Supervisors to help eliminate a lot of the immediate access. C/MacBride emphasized that the City is dedicated to stopping taggers and is willing to take firm, quick and aggressive action. MPT/Papen suggested that the DMV provision regarding the loss or delay of driver's licenses be emphasized as a punishment, as well as consideration of a monetary remuneration to the City. Capt. McCown indicated that this type of punishment is being emphasized and is handled by Probation. His department is further considering having a tagger spend extra time at the Sheriff's office once he or she has been arrested for tagging and having the child and the parents do community service for the City by cleaning up walls on the weekend. C/MacBride expressed appreciation to Red Calkins and Thomas Yeager, who have indicated their support of the Council's actions. M/Miller also thanked Tom Ortiz for volunteering 8 hours — a week to remove graffiti at no cost to the City. 7. OLD BUSINESS: 7.1 REQUEST FOR PROPOSAL FOR SUPPLEMENTAL GRAFFITI REMOVAL CONTRACTOR FOR THE CITY OF DIAMOND BAR - CM/Belanger JANUARY 19, 1993 PAGE 5 reported that the Council directed staff, at their January 5, 1993 meeting, to prepare an RFP to obtain a contractor to assist the Boys and Girls Club of San Gabriel Valley in graffiti removal. He recommended approval of the specifications and direction to staff to work with the City Council subcommittee to evaluate those areas where local organizations could be involved in the abatement process. C/Werner requested that the RFP specify that the 24-hour hotline be a local telephone number or an 800 number. M/Miller informed staff that a member of the community complained that he received no response after calling the Boys Club hotline number for three days. It was moved by C/Werner, seconded by C/MacBride to approve staff's recommendation on the bid package for removal of graffiti, as amended. Motion carried unanimously. 7.2 RESOLUTION NO 93-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS - ICE/Wentz reported that the Resolution of Intention begins the process of ordering the sewer construction project within The Country relating to health, safety and maintenance concerns due to inadequacies of the existing septic system. The Resolution directs the City Engineer to prepare a detailed Engineer's Report for Council consideration at a Public Hearing. He further reported that Jim Gardner, Manager of The Country Homeowners' Assn., indicated that Parcel #124 on the map should be excluded from the assessment district. The final design is anticipated to be completed in July. The Engineer's Report should be completed for the March 16 meeting. In addition, the Health Department requested a letter from the City, along with the Resolution of Intention, in order for them to move forward with their review and provide a recommendation to the proceedings. Mr. Wentz further indicated that it would be appropriate to go through a negative declaration process and that retention of bond counsel be considered. In response to a question by MPT/Papen, ICE/Wentz indicated that the City has not received additional letters of support but did receive other communications from several residents relating their desires in forming the district. CM/Belanger reported that staff has completed the process JANUARY 19, 1993 PAGE 6 of soliciting proposals from qualified engineering firms for the design of the proposed sewer system and recommended award to Dwight French & Assoc., a contract not to exceed $118,980. He further recommended that a budget of $35,000 be created for undertaking a variety of geotechnical activities related to the design of the system to be overseen by the City in conjunction with the consultant. CM/Belanger also reported that Mr. Gardner was part of the interview panel to select the consultant. Mr. Gardner expressed pleasure at having participated in the selection process. He stated that it was an objective process and, in his opinion, the firm selected would do a good job for the City and The Country Estates. MPT/Papen noted that the Board of Directors of The Country Estates endorsed the Council's proceeding with this project. On motion by C/Werner, seconded by C/Forbing, adopted Resolution No. 93-01 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN - Werner, Forbing, MacBride, MPT/ Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 7.3 INTEGRATED WASTE MANAGEMENT FUND - PROPOSED FISCAL YEAR 1992-93 BUDGET AMENDMENT - CM/Belanger recommended that the Council approve the proposed budget amendment to the Integrated Waste Management Fund for FY 1992-93 and authorize the City Manager to retain, at a cost not to exceed $12,500, the services of a qualified consulting firm with experience in solid waste management practices to administer solid waste permits for the remainder of FY 1992-93. He further recommended that the line item for Capital Outlay be amended from $40,775 to $25,000, extracting the costs for electronic data processing equipment and that the amount for personnel training also be deleted. He stated that the management of the solid waste system would be the responsibility of the Public Works Department. C/MacBride pointed out that the staff report indicates that, in order to raise funds needed to meet State mandated obligations regarding the Waste Management JANUARY 19, 1993 PAGE 7 System, a 100% raise on residential accounts and a 60% raise on commercial accounts had been proposed. The public should understand that the City has to meet the costs related to these State mandates and if AB939 requirements are not met, the City will be fined $10,000 per day. C/Werner pointed out that the fee structure indicated in the staff report does not reflect the cost amendments relating to the computer hardware as recommended by staff in the presentation. The consulting and capital costs needed to accomplish the City's Integrated Waste Management Program should first be determined with the fee structure determined after so that the costs are spread equally across the board. MPT/Papen pointed out that the Waste Management System Program may be drastically impacted by federal legisla- tion to have a national curbside recycling mandate and a pay per bag disposal fee. CM/Belanger, in response to C/Werner's concern, explained that the Capital Outlay costs, in terms of the establish- ment of a system, are intended for the purpose of con- tract monitoring. He recommended that the solid waste contractors who choose to do business in the City be the revenue source for program establishment, both software and hardware, and not the AB939 fee. Furthermore, any change in fees must be subject to Public Hearing. There are two different costs that contractors will be responsible for paying: 1) a one-time only assessment for establishment of the hardware and software system and 2) the annual permit renewal fee of $1,000. He recommended that a Public Hearing be conducted February 2, 1993, if the Council chooses to proceed with that part of staff's recommendation. C/Werner, referring to staff's recommendation that the City Manager be authorized to retain a consulting firm at a cost not to exceed $12,500, pointed out that current policy already allows the City Manager to authorize such contracts up to $10,000. It seems contrary to the policy already established to grant such an authorization. CM/Belanger indicated that the amount should not exceed $10,000 and staff will proceed within the current con- tract policy established by Council. MPT/Papen stated that if the amount were to exceed $10,000 by $2,500, the matter need not come back to Council but could go before the Solid Waste subcommittee. M/Miller noted that the Solid Waste subcommittee consists of C/Forbing and C/Werner and the Sister Cities subcommittee consists of C/MacBride and C/Werner. JANUARY 19, 1993 PAGE 8 M/Miller opened the meeting to public testimony. Red Calkins, 240 Eagle Nest Dr., suggested that the trash companies be responsible for tracking the amount of trash dumped and the amount of recycling material picked up, thus eliminating the need for a $40,000 computer and additional staff. The amount of recyclable material from vending machines should also be reported to the City to help reach the 25% goal mandated by AB939. He noted that the City of La Puente is requiring a $5,000 non-refund- able application fee to those companies interested in a bid for trash pickup in the City. CM/Belanger explained that there will be a non-refundable contract fee for each hauler to defray the cost of establishment of a system to track their activities. He pointed out that staff is not making a recommendation to increase staff, but to reduce it by 20%. AA/Butzlaff stated that because reverse vending machines and other private recyclers are regulated under State statute requiring them to submit reports to the State, the City is unable to ascertain their level of activity. Regulations of AB294 try to bridge this gap, but it will be some time before the impacts on the reporting require- ments can be measured. At this time, the City can only require private recyclers to provide such information through a CUP or developmental review process in the beginning stages of their application to do business in the City. AA/Butzlaff further stated that even though the information presented to the State is reported on a jurisdictional level, State statute provides that it remain confidential and is proprietary in nature. The City would not be able to use this information in any useful manner because it cannot be used to be reported to any Council or State agency. CM/Belanger noted that though the information related to the generation of that material may be confidential, it is unlikely that the tonnage would not be able to be utilized in the overall evaluation of this system. Therefore, vending machines can be utilized for divergence and calculation purposes within the City. Don Gravdahl, 23988 Minnequa, asked why staff is recom- mending the system when the consultant firm to be utilized should have the needed equipment. He also noted that the trash hauler's rates will reflect the $5,000 fee -- charged by the City. He suggested that local talent be utilized for any additional staff needed for this program. CM/Belanger explained that the purpose of retaining a consultant is to also evaluate what the needs of the City JANUARY 19, 1993 PAGE 9 will be including skills and education. The suggestion of utilizing local resources will be strongly considered. MPT/Papen recommended that: 1) Council set a Public Hearing for February 2, 1993 for increase of fees; 2) an analysis should be conducted to determine the cost per pound in comparison to a residential neighborhood, containerized, or a commercial bin, and reflect the actual disposal rates for those kinds of containers; 3) the proposed CAD system for the Solid Waste Department be eliminated since the City's Acting Public Works Director has enormous experience in solid waste; 4) the Public Works Department, not an outside consultant, should provide a proposal on how to implement the 54 programs, implement contracts, staffing, and computer requirements; and, if a computer is bought, we should establish a GSA price as the maximum to be paid. C/Werner noted that Mr. Belanger should be allowed the latitude to choose a consulting firm under the $10,000 limit process. It would not be appropriate to set the date of the Public Hearing until the issues have been clarified. M/Miller stated that Council concurs to direct staff to proceed under the $10,000 limit for the consultant, to refer the matter back to the Subcommittee to meet with staff and to come back with an affirmative recommenda- tion. In addition, that those trash haulers signing the contract with the City prior to February 1, 1993 be allowed a 28 -day grace period to allow them time to submit necessary bonding and insurance documentation. All trash haulers not signing a contract prior to February 1, 1993 will receive a termination notice. .- 7.4 ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT STRATEGIC TASK FORCE - CM/Belanger reported that cities, counties and special districts in the State have been given the re- sponsibility for supporting many of the economic develop- ment activities that, by case law and statute over the period of the last 12 years, have become the responsibil- ity of the State. There is a need to develop a strategic plan and implement programs to assist property owners in their ability to attract and retain lessees in their centers, to encourage investment in the community and in the development of new business and provide employment opportunities as well as provide a reliable revenue source for the City. He recommended that Council establish an Economic Development strategic planning process to include the three elements outlined in the staff report and suggested that the Blue Ribbon Economic Development Task Force consist of 15 individuals from the community, either residents or business people, who have an investment in the community, that will continue on as JANUARY 19, 1993 PAGE 10 advisors to the Council. However, the report will be completed by professional consultants. C/Forbing suggested that the scoping session of the Blue Ribbon Economic Development Task Force be scheduled at a time when the consultants can participate in the meeting, thereby also allowing additional time to solicit community interest. Furthermore, this process needs to be done in conjunction with the Chamber of Commerce. C/Werner indicated that he felt the responsibility of the Subcommittee is to recommend to the Council the compo- sition and size of the Task Force, and how it should be assembled, and not necessarily be representatives of the Council on this issue. MPT/Papen stated that since any final action will require full Council approval, and that there will be reports from the consultants and feedback from the Task Force, she has no problem with the Subcommittee functioning as the official representatives on this issue. M/Miller, noting that this will be a developing process, _ stated that the Subcommittee will most likely come back to the Council with several recommendations as the strategy and proposals are developed, to receive direction from the Council. C/Werner questioned how the actual composition of the members of the Task Force will be determined. He inquired if each Councilmember will have the opportunity to recommend individuals on the Task Force. 8. NEW BUSINESS: 8.1 APPOINTMENT OF PARKS & RECREATION COMMISSIONER - C/Forbing nominated Steve Johnson, Director of Central Programming at Lanterman Developmental Center. C/Werner seconded the nomination and with Council concurrence, Mr. Johnson was appointed to fill the unexpired term vacated by Lydia Plunk on the Parks & Recreation Commission. 8.2 ENVIRONMENTAL ENHANCEMENT PROJECT MATERIALS INSTALLATION AGREEMENT WITH THE CALIFORNIA CONSERVATION CORPS CM/Belanger recommended approval of the Environmental Enhancement Project Materials Installation Agreement with the California Conservation Corps in an amount not to exceed $150,144 and authorize the City Manager or his -- designee, to sign the agreement. MPT/Papen, noting that the City is coming in $125,000 under budget by utilizing the Conservation Corps, inquired if there is a possibility of getting authorization from the State to expand the scope of work, JANUARY 19, 1993 PAGE 11 utilizing this money. CM/Belanger indicated that staff will be asking the State if the City can expand the scope of the project from Grand Ave. toward the City and County line to the west. It was moved by C/Forbing and seconded by C/Miller to approve the Environmental Enhancement Project Materials Installation Agreement with the California Conservation Corps in an amount not to exceed $150,144 and authorize the City Manager or his designee to sign the agreement. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN - Forbing, MacBride, Werner, MPT/ Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 9. ANNOUNCEMENTS: MPT/Papen encouraged the public to watch the State budget hearings. M/Miller announced that, due to inclement weather, he did not hold a press conference with the media last week regarding the upcoming agenda but that the agenda was FAXed to the media and questions were answered over the telephone. 10. ADJOURNMENT: With no further business to conduct, the meeting was adjourned in memory of -George Lent. 4LYDA BURGESS, City Clerk - ATTEST: A-2� Mayor