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HomeMy WebLinkAbout11/02/1993 - Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 2, 1993 1. CLOSED SESSION: 5:00 P.M. Litigation - Government Code Section 54956.9 City v. L.A. County Property Tax Diamond Bar Assoc. v. City Citizens to Protect Country Living v. Burgess Anderson v. City (Hamburger Hamlet) Personnel - Government Code Section 54957.6 Property Acquisition - Government Code Section 54956.8 Lot owned by Bramalea Ltd. on Longview Dr. north of St. Ives Ct. No reportable action taken. 2. CALL TO ORDER: M/Miller called the meeting to order at 6:00 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Mayor Miller. INVOCATION: The Invocation was given by Pastor Jeff Stewart of Calvary Chapel, Pomona Valley. ROLL CALL: Mayor Miller, Mayor Pro Tem Papen, Councilmen Werner, Forbing and MacBride. 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. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 3.1 Presentation of certificates of recognition to Lyonel Anthony Rodriguez and Curtis E. Henderson for capturing a purse snatcher on September 29, 1993 at Lucky's Supermarket - M/Miller continued the item to the next regularly scheduled meeting of November 16, 1993. 3.2 Certificate of recognition for establishment of "Moving Wall" Memory Garden Memorial Park in the City of Brea, California - Tom Ortiz received the Certificate presented by M/Miller. 4. SCHEDULE OF FUTURE EVENTS: 4.1 PLANNING COMMISSION - November 8, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.2 VETERANS HOLIDAY - November 11, 1993 City offices will be closed in observance. Offices will reopen November 12, 1993. NOVEMBER 2, 1993 PAGE 2 4.3 CITY COUNCIL MEETING - November 16, 1993 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5. PUBLIC COMMENTS: Karen Holder, 23419 E. Kidd Drive, Vice President of the Diamond Ranch Booster Club, thanked C/Forbing and CSD/Rose for their support in the planning stage of the groundbreaking celebration. She also thanked all the individuals whose contributions helped to put on the event. All expenses were covered by these contributions and the City's offer for $5,000 was not expended. She requested that the City hold the $5,000 in trust until such time that the Booster Club chooses an appropriate expenditure for the High School. She further requested that the offer be put in writing so there is proof of the transaction for future reference. The City Council agreed to provide a letter setting aside the $5,000 for the Booster Club as requested. William Gross expressed his displeasure with the City's policy of placing Council names on road improvement projects, occurring throughout the community, since the work is being financed by the taxpayers and not the Council. He also complained of the cancellation of the last City Council meeting. There are many community issues that can be discussed when the agenda is light. Max Maxwell stated that the flier being passed around from the Supporters of Diamond Bar Citizens to Protect Country Living is not endorsed by the Citizens to Protect Country Living. He also clarified that the Citizens to Protect Country Living is not for "no growth" but for "limited growth." Jeff Nelson, an executive for the Orange County Billboard Company, expressed concern over the lack of ethics during the campaign and removal of and damage to political signs. Barbara Beach-Courchesne stated that her name was falsely put on the flier sent out by the Supporters of the Citizens to Protect Country Living. Frank Dursa also expressed concern over the lack of ethics in campaign tactics. George Barrett stated that all of the people will not be fooled by the politicians all of the time 6. COUNCIL COMMENTS: C/Werner asked if the City has investigated all of the mailers that were submitted. NOVEMBER 2, 1993 PAGE 3 CC/Burgess stated that every organization, with an available address, has been investigated. Once confirmation has been received on all mailers, a report will be presented to the City Council. C/MacBride, in regard to the recent cut of library services to three days a week, stated that the Friends of the Library will be calling for community help and discussion to assist with a Provision of Services for the continuance of the library on its formal status. C/Forbing noted that unethical tactics have been used by those competing with the City Council. C/Werner called for M/Miller's resignation. MPT/Papen expressed sympathy to Jeanette Beke and family for their loss of John Beke, who was also one of the City's Traffic and Transportation Commissioners. She reported that she is in the process of selecting a Traffic Commissioner and she will announce her appointment at the next Council meeting. Concerned with the loss of business in the City, she then stated that the City is losing many businesses because of the political turmoil in the community as well as the increase in rent in half -occupied centers. She urged the community to compromise to become united on community issues. C/Forbing presented M/Miller with an apron reading "Too Hot To Handle" as a gift. M/Miller stated that he will not resign. 7. CONSENT CALENDAR: C/MacBride moved, C/Forbing seconded to approve the Consent Calendar as presented. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Werner, Forbing, MacBride, MPT/Papen, M/Miller NOES: COUNCILMEN - None ABSTAIN: COUNCILMEN - MPT/Papen abstained on items 7.1.3 and 7.8 ABSENT: COUNCILMEN - None 7.1 APPROVAL OF MINUTES: 7.1.1 Regular meeting of September 21, 1993 - Approved as submitted. 7.1.2 Adjourned regular meeting of September 28, 1993 - Approved as submitted. 7.1.3 Regular meeting of October 5, 1993 - NOVEMBER 2, 1993 PAGE 4 Approved as submitted. MPT/Papen abstained from voting on this matter. 7.2 WARRANT REGISTER - Approved Warrant Register dated November 2, 1993 in the amount of $841,589.00. 7.3 TREASURER'S REPORT: 7.3.1 Month of August, 1993 - Received and filed. 7.3.2 Month of September, 1993 - Received and filed. 7.4 PLANNING COMMISSION MINUTES: 7.4.1 Regular meeting of August 9, 1993 - Received and filed. 7.4.2 Regular meeting of August 23, 1993 - Received and filed. 7.4.3 Regular meeting of September 13, 1993 - Received and filed. 7.4.4 Regular meeting of September 27, 1993 - Received and filed. 7.5 ADOPTED NOTICE OF COMPLETION - HERITAGE PARK COMMUNITY CENTER - Clayton Engineering, Inc., for construction of the Community Center. 7.6 REJECTED CLAIM FOR DAMAGES - filed by Priscilla Marquez, Jessica Marquez, Michael Lopez and Gilbert Lopez and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 7.7 ADOPTED RESOLUTION NO. 93-74: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING LOT LINE ADJUSTMENT NO. LLA -93-004 TO ADJUST LOT LINES BETWEEN LOT NOS. 54 & 57 OF TRACT 28258 AT 20251 DAMIETTA DRIVE AND 1124 CALBOURNE DRIVE, IN DIAMOND BAR. Further, the Council authorized signature of related documents and directed the City Clerk to process for recordation. 7.8 ADOPTED RESOLUTION NO. 93-75: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACCEPTING THE RATE REGULATION AND CONSUMER PROTECTION AND CUSTOMER SERVICES RESPONSIBILITIES AUTHORIZED BY THE FEDERAL COMMUNICATIONS COMMISSION (FCC) AND THE CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 1992 AND ESTABLISHING CERTAIN PROCEDURES AND REGULATIONS APPLICABLE TO RATE REGULATION PROCEEDINGS TAKEN HEREUNDER and directed staff to notify Jones Intercable of the City's intent to seek certification with the FCC and to enforce consumer pro-tection and customer service standards and execute any and all documents NOVEMBER 2, 1993 PAGE 5 necessary to effectuate the certifica-tion process. 8. OLD BUSINESS: 8.1 STATUS REPORT ON DIVERSION COMPLIANCE WITH A.B. 939 - CM/Belanger reported that A.B. 939 requires communities to divert 25% of their waste stream by the year 1995 and 50% of their waste stream by the year 2000. He introduced Mr. Michael Hulse, a representative from Charles Abbott & Associates, Inc., the City's Integrated Waste Management Consultant, retained to assist in A.B. 939 compliance activities. Mr. Hulse reported that, based upon available informa-tion, the City successfully achieved compliance with its State -mandated diversion goals almost two years ahead of schedule. Since the adoption of A.B. 939, A.B. 2494 was adopted to excluded certain materials originally counted in the initial study, allowing cities this one-time revision. Charles Abbott & Assoc. reviewed and revised the initial study performed in 1991, for _ base year 1990, for compliance of A.B. 939 to find if there were new diversions to be claimed for that base year. As a result of the study, new diversion and disposal tonnage was found, indicating an increase in waste generation. A.B. 2494 also changed how compliance is determined by taking the base year generation, multiplied by .75 to arrive with the maximum amount that can be disposed in 1995. The City's total tonnage, therefore, is considerably less than the maximum tonnage allowed for disposal. According to A.B. 2494, the absence of waste is due to diversion. In order to stay in compliance with A.B. 939, the City must await the formal compliance equation from the State Solid Waste Management Board, continue a basic package of recycling and source reduction, implement the SRRE and encourage businesses to recycle to lower their costs. C/Forbing inquired how communities with increasing populations are taken into consideration. Mr. Hulse explained that the State is currently looking at five different equations, all accounting for population and economics. At this point, the City appears to be well below the maximum level to enable us to meet that 1995 requirement. MPT/Papen expressed concern that the majority of the solid waste diversion comes from the commercial section which may be a result of the poor economy and the reduction of new construction. Also, it NOVEMBER 2, 1993 PAGE 6 appears that 30% of the homes in D.B. do not have curbside or convenient collection. More of the proposed programs need to be implemented to assure that we remain in compliance even after the economy improves. She then requested a report on which SRRE programs have been implemented, as well as their status. C/MacBride inquired if the category "Residential" includes only single family residents, thus indicating that condominiums and apartments are not participating in this kind of recycling on a formal basis. Mr. Hulse stated that multifamily residents do have a number of programs that they are participating in, but mostly on a volunteer basis at this time. Programs are being developed and a memorandum will be prepared explaining the steps to be taken to include them into the community effort for compliance. Frank Dursa requested MPT/Papen to report on how she recycles and how much she has reduced her waste _ since the program was implemented. He then thanked C/Werner for making it possible for this community to have competitive waste hauling. Don Schad requested a breakdown in percentage of the individual components that make up waste. CM/Belanger stated that haulers doing business in D.B. are on notice that the formalized standards evolving out of the SRRE will be implemented and enforced. As a result, there have been some changes in the number of haulers currently doing business in the City. The people of the community have responded extraordinarily to the issue of waste diversion. Staff's commitment is to continue to meet the spirit and intent of State legislation and to try to expand programmatic opportunities to the community to get them more widely involved in the diversion of waste so that the City will achieve the year 2000 standards in advance. 8.2 CITY COUNCIL COMMITTEE REPORT - "SISTER CITIES INTERNATIONAL" (SCI) - C/MacBride stated that Sister Cities is a national program consisting of approximately 900 U.S. cities and was initiated by -- President Eisenhower in 1956 to encourage people to get together and leap over governments to work out thousands of methods by which people can gradually learn a little bit more about each other. The subcommittee analyzed the program and recommended the following: 1) the program chosen should be on NOVEMBER 2, 1993 PAGE 7 an entirely volunteer basis; 2) there should be a survey to determine the grass roots feeling in this community; and 3) the subcommittee should continue their work to generate the kind of interest that would indicate that our citizens want to talk on a friendly and organized basis with some City selected in some other part of the world. C/Werner stated that this type of program gives the City an opportunity to learn more about various cultures and help establish the assimilation of these cultures into our community. The subcommittee feels that the program can be accomplished without City financial support. He asked that the City Council concur with the sub- committee's recommendation. It was the consensus of Council that the progress suggested by the Sister Cities Subcommittee continue. 8.3 AWARD OF CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES - CDD/DeStefano reported that staff received 21 proposals in response to the RFP for "as needed" landscape architectural services. After review of the proposals, qualifications and recently -completed projects, he recommended awarding the contract for to RJM Design Group, Inc. in an amount not to exceed $25,000. C/MacBride inquired as to how staff determined that RJM Design Group, Inc. was the best qualified landscape architectural service. CDD/DeStefano explained that even though RJM Design Group, Inc. was the most costly per hour, they had the most demonstrated performance and reputation and are able to provide the technical experience that staff felt is needed to meet the City's needs. CSD/Rose, in response to C/Werner, reported that RJM Design Group, Inc. is currently under contract for the Pantera Park project. Staff is pleased with the work so far. Larry Ryan, Vice President of RJM Design Group, Inc., stated that their planning and landscape architectural firm had been in existence for six years with combined principal experience of over 40 years. They provide a variety of services to municipalities from Rancho Cucamonga to northern San Diego County. It is unfair to compare the cost effectiveness of each firm using hourly rates because the time to complete a project may vary NOVEMBER 2, 1993 PAGE 8 substantially. His firm relies on its reputation and references supplied as a test of the quality of their performance. MPT/Papen moved, C/Werner seconded to award the contract for "as needed" landscape architectural services to RJM Design Group, Inc. in an amount not to exceed $25,000. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Werner, Forbing, MacBride, MPT/Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 8.4 APPOINTMENT TO FILL VACANCIES ON THE SIGNIFICANT ECOLOGICAL AREA TECHNICAL ADVISORY COMMITTEE (SEATAC) - CDD/DeStefano reported that, pursuant to Sec. 22.56.215 of the Municipal Code, a SEATAC review is required for all development projects located with SEA No. 15. Formation of the SEATAC requires the appointment of technical professionals by the Council. In 1990, the City appointed four members to SEATAC, who reviewed the JCC project and provided detailed reports, with their recommendations for the future land use of that area to the City, Planning Commission and the City Council. SEATAC is again needed to review a project proposed within the backside of "The Country" and to review the biological impacts the project may have. Only two of the original four members are interested in remaining on SEATAC. He recommended that the Council approve the appointment of S. Gregory Nelson, a resident of Diamond Bar and a biologist. C/MacBride moved, C/Werner seconded to appoint S. Gregory Nelson to SEATAC. C/Werner inquired if only three members on SEATAC will be adequate. CDD/DeStefano explained that since Mr. Berry is a professor of Geological Sciences at Cal Poly, Pomona, Charles Hewitt is a coordinator of Agricultural Services at Mt. SAC who practices as a horticulturalist and Steve Nelson is a consulting biologist, it is felt that the expertise on the committee, from an environmental standpoint, is well balanced. '— C/MacBride amended his motion to appoint S. Gregory Nelson to SEATAC and include a provision to approve a per meeting compensation of $100 per member. C/Werner seconded the amended motion. With the following Roll Call vote, motion carried: NOVEMBER 2, 1993 PAGE 9 AYES: COUNCILMEN - Werner, Forbing, MacBride, MPT/Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 9. NEW BUSINESS: 9.1 HOLIDAY SHUTTLE CONTRACT - ICE/Wentz reported that the City has operated the Holiday Shuttle Program since 1990. The 1993 Program will provide services Monday through Friday between 10:00 a.m. and 6:00 p.m. beginning November 15, 1993 to December 31, 1993. He recommended that the Council approve not to exceed $27,000 in Proposition "A" funds for operation of the 1993 Holiday Shuttle Program. C/Werner moved, C/Forbing seconded to approve expenditure of not to exceed $27,000 in Proposition "A" funds for operation of the 1993 Holiday Shuttle Program. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Werner, Forbing, MacBride, MPT/Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 10. ANNOUNCEMENTS: C/MacBride suggested that the meeting conclude with an expression from Council for sympathy with the communities impacted by the recent fire storms. MPT/Papen recommended that the Council form a committee to review the political sign portion of the Sign Ordinance, particularly the enforcement policy. 11. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 7:45 p.m. to November 16, 1993 at 5:00 P.M. for Closed Session, recognizing the communities impacted by the fire storms. LYNDA BURGES5,:City Clerk amm�em•