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HomeMy WebLinkAbout06/07/1994 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 7, 1994 1. CALL TO ORDER: M/Werner called the meeting to order at 7:03 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/Werner. ROLL CALL: Mayor Werner, Mayor Pro Tem Harmony, Council Members Papen and Miller. C/Ansari was excused due to illness. Also present were: Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.: 2.1 PROCLAIMED JUNE 14, 1994 "NATIONAL FLAG DAY" - At the request of C/Papen, Council agreed to direct staff to again place the flags on street poles throughout the City and that the flags remain in place until after the July 4th holiday. 2.2 COMMENDATIONS PRESENTED TO FCI SOCCER, GIRLS UNDER 17 DIVISION - In recognition of the "Attitudes" team upon winning the 1994 State cup- Council presented certificates and City pins to all team members. 2.3 COMMENDATIONS PRESENTED TO WINNERS OF THE D.B. JR. WOMEN'S CLUB SPELLING BEE - 1st Place - Sarah Kim, Evergreen Elementary School; 2nd Place - Andrew Chen, Golden Springs Elementary School and 3rd Place - Ted John, Castle Rock Elementary School. Certificates presented by M/Werner. Kathy McKee, President of the Jr. Women's Club, was also presented a certificate commending the Club on their community service. 3. PUBLIC COMMENTS: Don Gravdahl requested that the City purchase supplies and provide more support to the Committee organized to stop the Industry Materials Recovery Facility. C/Papen pointed out that the City produced and �. distributed flyers to all 17,300 homes stating 8 reasons why we felt that the MRF would be detrimental to residents and included a notice about the meeting to be held by the City of Industry on June 23, 1994. She felt that Council and staff had been actively involved in supporting the MRF committee and reminded all that the City spent approximately $45,000 for a technical analysis JUNE 7, 1994 of the EIR. PAGE 2 Mr. Gravdahl expressed his thanks to all World War II veterans for their efforts in fighting for our country 50 years ago and stated that one of the veterans who landed on Omaha Beach was present in the audience at that time. Steven Britt, Chairman, D.B. Technical Subcommittee regarding IMRF, requested that the City reimburse a member of the Committee for purchase of various technical materials and the Industry EIR for a total approximate cost of $115. Further, he forwarded recommendations from the Subcommittee to the Council as follows: 1) that the City retain special environmental legal counsel; 2) that said legal counsel be retained with sufficient advance notice to prepare rebuttals to the draft EIR prior to the original response date stipulated by the City of Industry to be June 23, 1994. In response to MPT/Harmony regarding whether the City of Walnut had hired legal counsel in the same capacity, Mr. Britt replied that he knew their committee had discussed the matter but was not sure of the decision by the City. MPT/Harmony stated that he had spoken with Bert Ashley from Walnut and that Walnut would probably hire such counsel. He supported Mr. Britt's recommendation to also hire special legal counsel. As requested by C/Papen, Mr. Britt announced that a public meeting would be held on June 8, 1994 at 7:00 p.m. at the AQMD by the Technical Advisory Committee of the MRF Committee. A representative from the environmental consulting firm reviewing the EIR will be in attendance. M/Werner asked that all issues brought up by Mr. Britt be scheduled for the next regular Council meeting agenda. Caroline Elfelt presented a video regarding the South Pointe Middle School project and thanked the Council for the opportunity to show it. Deborah Schmidt stated that she felt it important to provide the best possible education for her children and that is why her family resides in D.B. However, South Pointe Middle School is only a temporary solution to the need for a permanent, safe and accessible school site. She requested that the Council set aside their differences and reach a compromise. Dr. Ronald Hockwalt, Superintendent, WVUSD, explained that the bid expired with the construction company on April 18, 1994. Plans were submitted to the State Department in January and the $8 million is associated JUNE 7, 1994 PAGE 3 with a rebate on the plan. If the construction company decides not to move forward with the plan and the project must be re -bid, the new plan must again be submitted to the State Department for an allocation. There is a possibility that the rebate will not again be available. He further stated that the District is stating additional written documentation to clarify the rebate situation. Wendy Steinberg stated that her son attends South Pointe Middle School and that she is appalled at the conditions of the temporary school. The site is not safe from earthquakes, fire storms, etc. Jennifer Irikawa expressed concern that some members of the public appear interested in maintaining the view from their homes, while other members of the public are interested in saving the environment for the animals and a third group seems to be "out to get Gary Miller even if it kills me." These groups asked the City to give up the South Pointe Master Plan for them, along with the revenue, the children's park, the soccer field, the baseball field and it was done. Now the parents want the school to be built and request that the groups begin compromising. Debbie Herman also expressed concern that the school needs to begin construction immediately. Martha Bruske expressed concern that the City would be insulting the flag by installing them along City streets and leaving them there day and night for several weeks. Flags are supposed to be flown only from dawn to dusk. Those remaining after sundown are supposed to be directly illuminated. Michael Lowe announced that the voter turnout in this election appears to be the lowest in California history. He expressed concern that the new Council majority promised during their campaigns that voters would be able to vote on the General Plan yet it has not been submitted for the ballot. He asked that the majority work toward accomplishing what was promised. Dr. Lawrence Rhodes stated that he supported AB2815 calling for mandatory AIDS testing for sex offenders. Gary Neely asked whether the City had succeeded in working with the Pomona Unified School District for use of their facilities for recreation programs. CM/Belanger reported that the School District indicated that within four to six weeks, a formal agreement would be available. He further stated that the City and the District have worked together informally over the past several years for the use of some of their facilities. JUNE 7, 1994 PAGE 4 Barbara Beach-Courchesne stated that she supported the construction of a permanent school for South Pointe; however, she felt it important to rebut some of the statements made in the video: 1) the school is not in jeopardy of losing State monies which was confirmed by the project manager in Sacramento; 2) all alternatives have not been fully explored regarding development of the South Pointe Master Plan; 3) since the construction contract for the school is approximately $16,000,000, it does not make sense that the contractor would give up his position. Gillian Ray, Children's Librarian, D.B. Library, thanked the Council for providing the funds to keep the library open on Thursdays and Saturdays. She would appreciate the funding being continued for the next fiscal year. Steve Nice, Rising Star Dr., expressed desire to get the South Pointe Middle School built. He asked the following questions: 1) why did the School District distribute approximately 1,000 video tapes in which Dr. Hockwalt, Superintendent; Carolyn Elfelt, South Pointe Community Club President; the School President and a School Board Member stated that state funding could be lost if construction is not begun soon. In a letter received from Fernando Alexander, Project Manager, State Allocations Board, Office of Local Assistance, Mr. Alexander stated that "there are no movements afoot to remove the construction apportionments for the Walnut Valley South Pointe Junior High School;" 2) why were taxpayer funds used by the District to assist in producing and distributing the video tape; 3) why is the District lending Mr. Arciero up to $1,150,000 for grading instead of Mr. Arciero going to a traditional lender. This type of lending by Districts is very unusual these days --where is this money coming from? 4) the school sued Arciero and there was a settlement agreement dated September 16, 1993 requiring Arciero to go forward with his grading immediately. Why have they allowed eight months to go by without forcing Arciero to comply? He encouraged approving a grading permit for Mr. Arciero. 4. COUNCIL COMMENTS: C/Miller displayed copies of the following materials on the overhead: 1) Contractors License issued to him in 1974; 2) B-1 General Contractor's License issued to him; 3) Contractor's License issued to G. Miller Development Co. issued in 1976 and 4) Contractor's License B-1 General Building Contractor issued to Kathleen C. Miller, his wife, in 1989. He pointed out that his father-in-law does not provide a contractor's license for him and that he does not have a contractor's license. C/Papen announced the following events to be held Saturday, June 11, 1994: 1) City of Walnut protest march against the MRF --from Walnut City Hall on Puente Rd. to JUNE 7, 1994 PAGE 5 the corner of Grand and Valley Blvd.; 2) Walnut Sheriff Station Annual Open House, 10:00 to 3:00; 3) the Romanian Street Children's Project will conduct a grand opening at 10:00 in the Alpha Beta shopping center. A storefront was donated to collect clothing and other items for children age 6 to 14 living on the streets of Romania and 4) from 1:00 to 5:00 at the D.B. Library, the first volunteer training program will be held to provide assistance to the library. MPT/Harmony announced that Sidewalk City Hall would be stationed at Albertson's on Saturday, June 11th. Further, he stated that on the previous Saturday, that he discussed the South Pointe Master Plan and the South Pointe School with approximately 30 parents at Alpha Beta. He expressed concern that his request for discussion regarding the former City Attorney withholding documents seems to be overlooked on each agenda and stated that he would be withdrawing his request for this discussion because he had turned the matter and the documents over to the District Attorney for follow up. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Materials Recovery Facility (MRF) Committee - June 8, 1994 - 7:00 p.m., AQMD Room CC -6, 21865 E. Copley Dr. 5.2 Traffic & Transportation Commission - June 9, 1994 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.3 General Plan Advisory Plan Committee (GPAC) - June 9, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.4 Parks & Recreation User Group Meeting - June 9, 1994 - 7:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.5 Planning Commission - June 13, 1994 - 7:00 P.m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 City Council Meeting - June 13, 1994 - 5:00 P.m., AQMD Auditorium, 21865 E. Copley Dr., re South Pointe Master Plan. 5.7 General Plan Advisory Committee Meeting - June 14, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.7 Materials Recovery Facility (MRF) Committee - June 15, 1994 - 7:00 p.m., AQMD Room CC -6, 21865 E. Copley Dr. 5.8 City Council Meeting - June 21, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: It was moved by C/Papen, seconded by MPT/Harmony to approve the Consent Calendar. C/Miller announced his abstention from voting on Item 6.5. Motion carried by the following vote: JUNE 7, 1994 PAGE 6 AYES: COUNCIL MEMBERS: Miller, Papen, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Ansari 6.1 APPROVED MINUTES - Regular Meeting of May 3, 1994 - as submitted. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES - 6.2.1 Regular Meeting of March 28, 1994. 6.2.2 Regular Meeting of April 11, 1994. 6.2.3 Regular Meeting of April 25, 1994. 6.2.4 Regular Meeting of May 9, 1994. 6.3 Received & filed Parks & Recreation Commission Minutes for Regular Meeting of March 17, 1994. 6.4 Approved Voucher Register dated June 7, 1994 in the amount of $525,799.19. 6.5 ADOPTED RESOLUTION NO. 94-25: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING PARCEL MAP NO. 24031, A REQUEST TO MERGE TWO EXISTING PARCELS, TO REMOVE ACCESS AND BUILDING RIGHTS RESTRICTIONS, AND OPEN SPACE EASEMENTS ON A 68 ACRE SITE, LOCATED SOUTH OF GRAND AVENUE, EAST OF SHOTGUN LANE AND WEST OF THE SAN BERNARDINO COUNTY LINE, IN THE CITY OF DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF. (C/Miller abstained from voting on this matter.) 6.6 APPROVED CITY SUPPORT OF ASSEMBLY BILL 2815 - MANDATORY AIDS TESTING FOR SEX OFFENDERS - Letter to be prepared for Mayor's signature in support of AB 2815 and directed the City's lobbyist, Joe A. Gonsalves & Son, to lobby in support of AB 2815. 6.7 ADOPTED RESOLUTION NO. 93-05A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 93-05 ESTABLISHING "NO RIGHT TURN, 4:00 P.M. - 7:00 P.M., MONDAY -FRIDAY, EXCEPT SCHOOL BUSES" SIGNS ON ROLLING KNOLL ROAD AND COUNTRY VIEW DRIVE AT GRAND AVENUE. 6.8 APPROVED LETTER OF AGREEMENT WITH CITY OF BREA TO PROVIDE RECREATION SERVICES FOR 1994/95 FISCAL YEAR. 6.9 ADOPTED RESOLUTION NO. 94-26: A RESOLUTION OF THE CITY COUNCIL OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR CITY-WIDE STREET TREE MAINTENANCE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE JUNE 7, 1994 BIDS. PAGE 7 6.10 APPROVED AGREEMENT FOR LEGAL SERVICES RE: COMMITTEE TO RECALL PAPEN AND MILLER v. LYNDA BURGESS, CITY CLERK OF THE CITY OF DIAMOND BAR. 7. PUBLIC HEARINGS: 7.1 (A) ORDINANCE NO. 02A (1990): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 02(1990) ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS; (B) RESOLUTION NO. 90-95B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PERMIT SYSTEM FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE - M/Werner declared the Public Hearing open. Al Simonian, Western Waste Industries, stated that his firm came into the City approximately six years ago and now serves over 7,000 single family homes. Two companies out of the approximately six that operated in the City a year ago still remain in operation today due to the City's strict permit regulations. Western Waste loses money every year it operates in D. B. so it was decided to spread pickups throughout the entire work week. At one point, 13 Western Waste trucks and 11 Waste Management trucks were servicing D.B. on Mondays. Red Calkins, 240 Eagle Nest Dr., expressed concern that Western Waste is picking up trash five days a week and complained that the trucks were still operating at 8 p.m. one evening of the previous week. Don Gravdahl stated that the rates seemed to be increased by Western Waste as soon as one of the other haulers left the City. Mike Lowe, 1124 "D" Cleghorn, stated that Western Waste was currently negotiating with BFI for merger of their companies but that Western was not considering leaving the City. Frank Dursa, 2533 Harmony Hill Dr., agreed with the points made by both Mr. Calkins and Mr. Gravdahl. Would like Western Waste to announce their rates for the City of Chino Hills where they have an exclusive franchise. Steven Britt requested that in Section 5, Page 10, first sentence, wording be included to state: JUNE 7, 1994 PAGE 8 "within or through the City." In response to C/Miller, ICA/Montgomery stated that, due to Interstate Commerce and EPA laws, trash trucks would be permitted to go through the City. Mr. Britt further pointed out that Section G, Page 7, of the Resolution refers to 5 quarts of uncontaminated waste motor oil; however, waste motor oil, by definition, is always considered contaminated. In addition, in the Ordinance, Section 21 on Page 26 states "Each truck shall also be equipped with a 5 lb. fire extinguisher certified by State Fire Marshal." He recommended that this matter be further researched to increase the extinguisher to 20 lbs. In response to a question by M/Werner, Mr. Britt stated that he works for Earth Management Company and that he is an environmental technician. He is also a certified master technician in leak detection, both electronic and mechanical, for hazardous and explosive materials. -- Mr. Simonian stated that trucks used by his firm are equipped with 20 lb. fire extinguishers. He urged the Council not to adopt the provision allowing staff to change the pickup day. Dr. Lawrence Rhodes expressed a desire that trash trucks not be on residential streets more than once per week. If there is more than one hauler, the companies should get together and coordinate pickups for the same day in the same area. There being no further testimony offered, M/Werner closed the Public Hearing. C/Miller expressed concern regarding over -regulation of free enterprise systems. On Page 15, item A, dealing with concerns that trash is being picked up as late as 8:00 p.m., the new version would allow collection hours of 6:30 a.m. to 6:30 p.m. for residential. In regard to the statement on Page 15, item B, "in order to prevent problems of traffic, noise, wear and tear to public highways or other problems having the potential to adversely affect the health, safety and general quality of life in the community, the City Manager may regulate the routes, intervals, delivery points and time of collection by permittees operating within this City," he asked if this regulates days or hours? JUNE 7, 1994 PAGE 9 CM/Belanger answered that this provision would regulate days. C/Miller stated that this provision is vague and ambiguous doesn't say what will be done or how but says that something could be done. This does not clarify, guarantee or regulate anything. Takes Public Hearing and City Council process out of the loop. Suggested that trash haulers designate which part of town will be picked up on which days each week. Regarding item A on Page 15, M/Werner suggested that the second sentence be changed from "collections from commercial/industrial locations" to "collections at commercial/industrial locations." C/Miller encouraged language in item B to indicate a desire to have a schedule of areas or routes, or require the hauler to divide the city into sections and indicate that each of those sections are to be picked up continuously and consistently on a given day of the week. This language needs to include wording to indicate that these regulations apply to residential. MPT/Harmony asked whether the two trash haulers currently operating would be required to pick up on the same days or would each company select different days. M/Werner suggested that the section be amended to make the scheduling subject to an approved schedule by the City Council or by some agency. C/Miller stated that if we say we're going to pick up this section of town on Mondays, this section on Tuesdays, etc., we could keep small business from being able to compete because they could possibly pick up from their customers in one day. C/Papen suggested that item B be deleted because it is redundant and confusing. She felt that the City should not be regulating routes and that intervals are already designated --haulers are required to pick up once every seven days. Delivery points would be based on where the company has its staging and that is a private enterprise decision. Times of collection is regulated in Section 8. In response to a question by M/Werner regarding whether grandfathering is a necessity in this situation, ICA/Montgomery replied that Integrated Solid Waste Management Board police power provides JUNE 7, 1994 PAGE 10 that agencies can reasonably regulate the manner and method of pickup so as not to interfere with the franchise. C/Miller indicated that some companies would not agree to the contract because they felt they had five years to cease doing business in the City. ICA/Montgomery stated that that is regarding the permit but the City can still regulate the hours and manner of pickup even by those firms not regulated by the permit. C/Miller asked Mr. Simonian if his firm indicates specific pickup days for each customer and, if the City required the haulers to sector the community over a given amount of days, would that impact his ability to be competitive. Mr. Simonian answered that his firm submitted to staff a very detailed map showing street boundaries and sections. The City was divided into contiguous routes with regular collection on regular days of the week. Following further discussion, it was agreed that the word "routes" would be deleted from item B as suggested by C/Papen. CM/Belanger suggested that the word "days" be inserted rather than using "times" and insert a due process provision that allows for the hauler to have a time to respond to and make comment upon either the City Manager's or the regulating body's comments as well as to allow the community at large that would be affected an administrative hearing procedure. If the determination of the individual or entity given authority at that level is objectionable to the hauler, he would then have the opportunity to appeal that to the Council. If the City Manager were the regulatory person at the administrative level and they didn't like the City Manager's decision, they could always appeal that determination to the Council and the Council would ultimately have it in their hands. That provides a process and an opportunity for the public and the hauler to be heard and to see the basis upon which a decision/ recommendation is going to be made and gives to that entity an opportunity to respond to it. There are samples of due process procedures in the permit Resolution and can be incorporated into this section to provide that kind of process. It seems as though the hauler has a problem with it being arbitrary; if the City Council adopts it as a policy, my sense is he thinks that the day after it JUNE 7, 1994 PAGE 11 becomes effective, that he's going to get a letter that says "you will now go to one day a week." This would allow at least a process by which he can be heard and the community can be heard. C/Papen suggested encouraging the coordination of street sweeping with trash collection. C/Miller stated that on Page 26, Section 26, item B reads "All trucks used in the course of refuse recycling and material collection shall be uniformly painted in a color approved by the City Manager and identified by truck numerals." He objected to the need for the City to approve the haulers' colors. CM/Belanger explained that the companies that remain in the City are ones that have painted and signed their trucks in such a way that they are almost trademarks. When somebody sees a vehicle, they have no problems telling who they are. Wording can be used to indicate that trucks must be uniformly painted. It was agreed that the words "in colors approved by the City Manager" would be deleted as proposed by C/Papen and that "uniformly painted by company" be inserted instead. It was agreed to change the wording of Section 23, item A, to indicate that failure to pass a vehicle inspection shall result in the prohibition of the use of that truck in the City based on concerns raised by C/Miller regarding Section 23, item A. C/Miller expressed concern about Page 42, Section 28, item B regarding regulation of rates since haulers are not currently required to ask the City for permission to raise their rates. CM/Belanger explained that rates were asked for because rates are compared among the haulers doing business in D.B. and to track the number of haulers. If it should happen that there is only one hauler remaining in D.B., the City would want to restrict that hauler from raising its rates arbitrarily and exorbitantly. C/Miller stated that on Page 43 and 44, it reads "Rate Review. At the City's sole option, may conduct an annual review of permittee's charges for collection, transportation, recycling, composting and disposal service in commercial/residential construction and industrial areas within the City of Diamond Bar." No sooner than 60 days after the JUNE 7, 1994 PAGE 12 conclusion of a rate review and after permittee has been given written notice, the City may regulate rates for those services required pursuant to this Ordinance if the following conditions precedent occur: 1) Charges for solid waste collection and disposal services have increased by more than 25% over the previous year; 2) The City Council finds and determines that pursuant to California Public Resource Code Section 40059-11 the regulation of rates charged pursuant to this Ordinance is in the public interest in that it provides reasonable protection for excessive charges for services and insures uniformity in rates; 3) The City Council, after advice of the City Attorney, determines in the sole discretion that it would be legal to regulate rates in the manner described in this section." CM/Belanger explained that the intent of this is to protect against a situation where a single hauler is left who seeks to exorbitantly raise the rates. Two options exist: remove the statement in its entirety or insert "in the event that there remains a single hauler within the City of Diamond Bar, the following shall apply:" Following further discussion, it was agreed that that section would be removed from the Ordinance (MPT/Harmony objected). Referring to the proposed Resolution regarding the timing of the permit, Page 11, Section 9, C/Papen indicated that the permit would become effective January 1 and remain in effect for 24 months, which would expire three weeks following a City Council election. She suggested moving this date forward to approximately March 31. CM/Belanger explained that the purpose of the January date is to coincide with most waste haulers' fiscal year. By consensus of the Council, it was agreed that the Resolution would be changed to an effective date of July 1st and on Page 16, change "City Manager may regulate" to "City Council may regulate." Richard Callard, 24105 Palomino, expressed concern about operational changes by Western Waste after its permit expired January 1. M/Werner stated that although the permits expired, the same regulations existing in the Ordinance has been followed on amonth-to-month basis with monitoring by staff. JUNE 7, 1994 PAGE 13 C/Miller moved, seconded by C/Papen, to waive further reading and approve first reading of Ordinance No. 02A(1990), entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 02(1990) ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS. Following advice from ICA/Montgomery, C/Miller amended his motion to include "scheduling can be amended or revised from time to time by a Resolution or Minute Action adopted by the Council, Section D." C/Papen accepted the amendment to C/Miller's motion. Motion carried 4 to 0 with the following Roll Call vote: AYES: COUNCILMEMBERS: Miller, Papen, MPT/Harmony, M/Werner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Ansari -- It was moved by C/Miller, seconded by C/Papen to adopt Resolution No. 90-95B entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PERMIT SYSTEM FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE. Motion carried 4 to 0 with the following Roll Call vote: AYES: COUNCILMEMBERS: Miller, Papen, MPT/Harmony, M/Werner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Ansari RECESS: M/Werner recessed the meeting at 10:10 p.m. RECONVENE: M/Werner reconvened the meeting at 10:23 p.m. 7.2 RESOLUTION NO. 94 -XX: 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 1994-95 - M/Werner opened the Public Hearings on Landscaping Assessment District Nos. 38, 39 and 41. There being no testimony offered, M/Werner closed the Public Hearings. Following a motion by C/Miller, seconded by C/Papen, MPT/ Harmony expressed concern about the amount of the assessments for District 38. He JUNE 7, 1994 PAGE 14 suggested that the fee be reduced by $1.00 per property. C/Papen stated that the Landscape District did not receive the level of service that exists today when the County administered the Districts prior to City Incorporation. M/Werner pointed out that when the County maintained the Districts, there weren't as many medians as there are today, so the County's costs would not have been as great. It was moved by C/Miller, seconded by C/Papen, to adopt Resolution No. 94 -XX 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 1994-95. Following discussion regarding the possibility of reducing the assessment, C/Miller withdrew his motion and moved to carry over this matter to the next regularly -scheduled meeting. M/Werner -- seconded the motion. Motion carried 4 to 0 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Miller, Papen, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Ansari 7.3 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 1994-95 - It was moved by C/Miller, seconded by C/Papen, to adopt Resolution No. 94 -XX 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. 39 FOR THE FISCAL YEAR 1994-95. Following discussion, C/Miller withdrew his motion and moved to carry over this matter to the next regularly -scheduled meeting. M/Werner seconded the motion. Motion carried 4 to 0 by the following Roll Call vote: JUNE 7, 1994 7.4 PAGE 15 AYES: COUNCIL MEMBERS: Miller, Papen, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Ansari RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1994-95 - It was moved by C/Miller, seconded by C/Papen, to adopt Resolution No. 94 -XX 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. 41 FOR THE FISCAL YEAR 1994-95. Following discussion, C/Miller withdrew his motion and moved to carry over this matter to the next regularly -scheduled meeting. M/Werner seconded the motion. Motion carried 4 to 0 by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Miller, Papen, MPT/Harmony, M/Werner None Ansari 7.5 CONSIDERATION OF THE FISCAL YEAR 1994-95 GENERAL MUNICIPAL BUDGET, SPECIAL FUNDS AND CAPITAL IMPROVEMENT PROGRAM - CM/Belanger recommended that the Council open the Public Hearing, receive testimony and continue the matter to June 21, 1994 for further testimony, comments and adoption. M/Werner opened the Public Hearing and with consent of Council, continued the Public Hearing to June 21, 1994. 8. OLD BUSINESS: 8.1 ORDINANCE NO. 5A(1991): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 22.66 OF TITLE 22, AS AMENDED, AND CERTAIN PROVISIONS OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE REGULATION OF SIGNAGE IN THE CITY OF DIAMOND BAR - Gary Neely, 344 Canoe Cove Dr., expressed a desire to discuss pre-printed political signs posted on private property without the property owners' consent and the need to re -define "graffiti" in the graffiti ordinance. He asked that these matters be JUNE 7, 1994 PAGE 16 scheduled for an agenda in the near future. C/Papen suggested that Mr. Neely's concerns be referred to the Planning Commission for a recommendation. ICA/Montgomery pointed out that it's not the City's place to determine whether a property owner has given his consent to erect a sign on his property, but rather, the property owner has every right to remove the sign and file a claim under the Penal Code. M/Werner requested a report from staff and the City Attorney regarding this issue. C/Miller asked whether Mr. Neely was looking for an enabling ordinance to make it readily and easily enforceable when things like this happen rather than deal with the trespass issue. C/Papen moved, and C/Miller seconded to adopt Ordinance No. 5A(1991) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 22.66 OF TITLE 22, AS AMENDED, AND CERTAIN PROVISIONS OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE REGULATION OF SIGNAGE IN THE CITY OF DIAMOND BAR. At the suggestion of ICA/Montgomery, C/Papen amended the motion to indicate adoption by title only. C/Miller amended his second. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Miller, Papen, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Ansari C/Papen moved, C/Miller seconded to adopt Ordinance No. 5A(1991). Motion carried 3 to 1 by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 8.2 SELECTION OF CITY ATTORNEY proposals in response to for City Attorney services. 1994. Miller, Papen, M/Werner MPT/Harmony Ansari - Eleven firms submitted the City's solicitation Continued from May 17, As recommended by staff, the Council will conduct confidential interviews at a Closed Session specifically designated for that purpose. JUNE 7, 1994 PAGE 17 8.3 DISCUSSION RE: COUNCIL SUB -COMMITTEE FOR LIBRARY SERVICES - Continued to June 21, 1994. 8.4 DISCUSSION RE: UTILIZATION OF $10,000 GRANTED TO L.A. COUNTY LIBRARY, DIAMOND BAR BRANCH, FOR LIBRARY MATERIAL - C/Papen requested the Council to consider removal of the restrictions on the $10,000 grant for library materials as the County could not accept the grant under its present terms. It was moved by C/Papen, seconded by M/Werner, to award the grant for acquisition of reference and periodical materials appropriate for high school students and that they be placed in circulation in the City of Diamond Bar. AYES: COUNCIL MEMBERS: Miller, Papen, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Ansari 8.5 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING NAMES OF COUNCIL MEMBERS - To ban placing Council Members' names on public works construction project signs - Continued to June 21, 1994. 8.6 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY - MPT/Harmony announced that he had turned the matter over to the District Attorney for investigation and requested that it be eliminated from future agendas. 9. NEW BUSINESS: 9.1 DISCUSSION RE: ORDER OF AGENDA ITEMS, BEGINNING TIME FOR REGULAR CITY COUNCIL MEETINGS, AND OTHER ISSUES RELATED TO THE CONDUCT OF CITY COUNCIL MEETINGS —Continued to June 21, 1994. 9.2 CITY ATTORNEY REQUESTS DIRECTION ON AMICUS CURIAE MATTERS - Continued to June 21, 1994. 10. ANNOUNCEMENTS: None. 11. CLOSED SESSION: None held. 12. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned to 11:26 p.m. L _ A BljrRGESS, City Clerk JUNE 7, 1994 PAGE 18 ATTEST: