HomeMy WebLinkAbout11/16/1993 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
NOVEMBER 16, 1993
1. CLOSED SESSION: 5:00 P.M.
May convene to consider: matters of pending litigation
(G.C. 54956.9), personnel items (G.C. 54957.6), or
purchase/sale of real property (G.C. 54956.8). Records
not available for public inspection.
Assistant City Attorney Curley announced that the only
reportable action involved pending litigation regarding
Diamond Bar Citizens v. Burgess et al., in which the City
Council unanimously indicated their unwillingness to
pursue an appeal.
2. CALL TO ORDER: M/Miller 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 Mayor Miller.
INVOCATION: The Invocation was presented by
Reverend Margaret Hedden of New Life Fellowship.
ROLL CALL: Mayor Miller, Mayor Pro Tem
Papen, Councilmen Werner, Forbing and MacBride.
Also present were Terrence L. Belanger, City Manager;
William P. Curley, III, Assistant City Attorney; Frank M.
Usher, Assistant City Managers James DeStefano, Community
Development Director; Bob Rose, Community Services
Director and Lynda Burgess, City Clerk.
CM/Belanger introduced Frank M. Usher, the City's new
Assistant City Manager and welcomed him to the
organization.
3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
3.1 Presented Certificates of Recognition to Lyonel
Anthony Rodriguez and Curtis E. Henderson for
preventing an alleged attempted robbery on
September 29, 1993 at Lucky's Supermarket -
Certificates were forwarded to the individuals.
3.2 Proclaimed Thursday, November 18, 1993 as "Great
American Smokeout Day" - M/Miller presented the
Proclamation to Ms. Casio, representing the San
-
Gabriel Valley County Health Centers Network.
3.3 Proclaimed the remaining holiday months of 1993 and
all of 1994 as "Buckle up for Life Challenge."
3.4 Presented Certificate of Recognition to the Walnut
Elementary School for 100 years of service in the
NOVEMBER 16, 1993 PAGE 2
community - Matt Salazar, Student Body President,
accepted the Certificate of Recognition.
4. SCHEDULE OF FUTURE EVENTS:
4.1 TRAFFIC & TRANSPORTATION COMMISSION - November 18,
1993 - 6:30 p.m., AQMD Hearing Room, 21865 E.
Copley Dr.
4.2 PARKS & RECREATION COMMISSION - November 18, 1993 -
7:00 P.M. - Heritage Park Community Center, 2900
Brea Canyon Rd.
4.3 PLANNING COMMISSION - November 22, 1993 - 7:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
4.4 THANKSGIVING HOLIDAY OBSERVANCE - November 25-26,
1993 City Hall will be closed.
4.5 CITY COUNCIL MEETING - December 7, 1993 - 6:0&
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5. PUBLIC COMMENTS: Councilwoman -elect Eileen
Ansari, 1823 S. Cliffbranch Dr., thanked those who helped
in her campaign. She then expressed concern with the
problem of illiteracy and education in California and
diminished library services throughout the State. She
encouraged the community to take a proactive approach by
donating their time and money to the library and writing
to the Executive Offices of -the Board of Supervisors
asking them to pass the $4.8 million assessment to keep
library services to a minimum -of 21 hours a week.
Red Calkins, 240 Eagle Nest Dr., encouraged the community
to help stop the City of Industry from building a
proposed Material Recovery Facility (MRF) next to a
residential area, D.B.'s Little League fields and the
YMCA.
Joe Dunn, 20965 Lycoming St., thanked the City Council
for their thoughtful words and sympathy over the passing
of his father, William Dunn, Sr.
Jeff Nelson explained the circumstances that led to the
Claim for Damages filed by Mr. Scott Lovell on October
25, 1993 and the incident involving Councilman -elect
Clair Harmony. He then inquired if the City Clerk had
investigated the appropriateness of many of the campaign
mailers distributed as was requested at the last meeting
by Councilman Werner.
David Reynolds, 1160-C N. Golden Springs, encouraged the
City to include multi, -family residences in the curbside
recycling program. He questioned the accuracy of the
waste diversion rate quoted at the last meeting and
suggested that there should be more information and
education given to the community to raise environmental
consciousness in regard to recycling. He suggested that
the City take advantage of State services to the fullest
I
NOVEMBER 16, 1993 PAGE -°3
extent possible to assure diversion rates continue. He
volunteered to help increase public awareness of, and
participation, in, recycling, source reduction and
composting programs.
Kim Chapman, 22713 Happy Hollow Rd., representing
Armstrong Elementary School PTA, pointed out that the
City of Industry's proposed MRF is not just a facility
that will take only recyclables, but also all garbage
from the surrounding commercial and residential areas,
which will increase smog, vectors, noise traffic and
flies. Though the school is behind recycling, it is felt
that it is not appropriate to locate a MRF of this
magnitude so close to the residential areas of D.B. and
Walnut.
Lawrence Rhodes, P.O. Box 2258, Walnut, stated that
residents should remember to address the City Council
with civility. He requested that the City consider a
greenwaste composting program. He then suggested that
the east/west flow signal time, at the off ramp at Brea
Canyon Road, east bound from the 60 freeway, be reduced
by about 15 seconds, increase the left turn, or off ramp
-- time by five seconds and the caution by about one second,
to improve the flow of traffic.
Don Schad, in regard to the Claim for Damages filed by
Scott Lovell, questioned how Mr. Lovell could steal 4' x
8' sheets of plywood from Councilman -elect Harmony's
signs.
Michael Lowe encouraged the community to get busy with
specific issues and to take positive steps now that the
election is over. He reminded the audience of the
campaign promises made by those elected which included no
growth; save the canyons; community vote on the General
Plan; no new taxes; no new employees; and to listen to
all citizens with respect, putting aside all petty
arguments. He expressed pessimism that those campaign
promises would be kept.
George Barrett, in reply to a comment made by Mr. Lowe,
pointed out that the present City Council I never
encouraged "no growth" but rather "controlled growth."
Bill Gross, High Bluff Rd., suggested that the City
consider some sort of enforcement regarding campaign
signs. He inquired of the status of the City Clerk's
x research on mailings done during the campaign, as was
requested by Councilman Werner at the last meeting. He
then stated that the citizens are looking for some fair,
honest people to make future decisions that are
reasonable, non partisan and non -financially impacted.
Terry Birrell commented on how terrible it was that
NOVEMBER 16, 1993 PAGE 4
mailers were used to distort the truth on City Council
candidates. She suggested the City consider a type of
legal cost management in contracts with the law firms
representing the City, which would outline terms that no
fees would be collected by the lawyers if a judgment is
determined to be "without merit", "frivolous" or
"arbitrary." By doing so, the City Council would be
making a strong statement to end the bickering.
COUNCIL COMMENTS: C/MacBride requested staff to
make available to the audience for signature a letter of
protest urging the City of Industry to move the MRF to
better alternate sites. He stated that copies of the
letter will also be made available at the Senior Heritage
House at the Diamond Point One Club House, City Offices,
the Chamber of Commerce and the D.B. Improvement Assn.
He urged the community to understand that though the MRF
is necessary, one of this magnitude can also be dangerous
to the City in terms of health and real estate values.
Industry must be encouraged to find a more appropriate
site within their jurisdiction. He then noted the
following efforts he has partaken with the City Council:
drafting of the anti -graffiti ordinance; defeating the
Three Valley Water District from adding a $10.00
assessment on parcels in the City, planting of 5,000
trees along freeway right-of-ways; securing the last
major freeway landscaping project done by CalTrans;
construction of a'community center; creating a mobile
command unit with radio equipment and creating a
Resolution supporting NAFTA. The City's future depends
upon the involvement and unity of its citizens.
C/Forbing stated that he has been proud of the 12 years
he has been able to serve the community. He pointed out
the projects lost because of the referendum of the
General Plan.
C/Werner expressed appreciation for the efforts given by
C/MacBride and C/Forbing toward the good of the
community.
MPT/Papen announced the YMCA book sale located on the
K -Mart parking lot. She then reported that she attended
Supervisor Mike Antonovich's annual equestrian ride and
received information regarding equestrian trails laid out
by the County 20 years ago. She asked for volunteers who
would like to participate in an ad hoc committee to
acquire permanent equestrian trails for the City. She
then reported that, at the request of the City and the
City of Brea, letters- were sent to Orange County
Supervisor Vasquez requesting that this regional area be
designated as a transportation planning area in the State
and the five County Southern California Transportation
Regional Plan. She stated that she attended a meeting of
the Southern California -Association of Governments, as a
-in
�.7 '.�i .i ��'�',4
NOVEMBER 16, 1993 PAGE 5
representative of the City, and it was voted to designate
a Four Corners Transportation Study area, which would
include the Cities of Chino Hills, D.B., Brea, Yorba
Linda, Corona, the four counties, and the three CalTrans
implementations. She also reported that all the annual
resolutions presented at the League of Calif. Cities were
passed except for the Firearms Resolution. She pointed
out Resolution 34, requiring cable companies to block the
picture and the sound of sexually explicit cable programs
and Resolution 43, regarding the regulation of liquor
stores.
In response to comments made by Mr. Reynolds regarding
recycling, she reported that the D.B. Improvement Assn.
has a pilot home composting program and is looking for
participants. Also, the City requires its trash haulers
to distribute 200 home composting containers to
interested citizens. In response to an inquiry made at
the last meeting, she stated that she does recycle.
Asst. to CM/Butzlaff reported that the City, in
conjunction with Waste Management, sponsored a backyard
composting program at Sycamore Canyon Park last weekend
between the hours of 10:00 a.m. - 12:00 noon. The City,
in conjunction with Western Waste Industries, is
sponsoring another backyard composting program this
weekend from 1:30 p.m. - 3:00 p.m.
MPT/Papen, in response to the comment made regarding the
City's use of attorneys, pointed out that, with the help
of C/MacBride, there is a D.B. mediation center in which
citizens have been trained to help in this area. In
regard to the recall petition being circulated, she
requested that the City Council and City Clerk forward
the following information to the Deputy District Attorney
in charge of election fraud indicating that petition
circulators have violated the State statute: handing out
literature containing an article from the Windmill which
was a paid, political advertisement, but presented as an
editorial or new article® and which misrepresents the
voting record of the City Council on two issues.
M/Miller commended Mr. Calkins and C/MacBride for their
efforts in fighting the City of Industry's proposed MRF.
The City Council has been unanimous in their opposition
to this MRF and their proposal for the location. In
response to Mr. Gross' inquiry regarding the City Clerk's
research of circulated mailers, M/Miller read the
�- responsibilities of the City Clerk and noted that the
j City Clerk is not authorized to conduct an investigation
of fliers -distributed. The investigating authority for
any such complaint regarding mailers, or other alleged
campaign improprieties, begins with the Los Angeles
County District Attorney or the State of California Fair
Political Practices Commission.
NOVEMBER 16, 1993 PAGE 6
7. CONSENT CALENDAR;";ifi,
N''o`
7.1 APPROVED WARRANT REGISTER — dated November 16, 1993
in the amount of $305,036.75.
7.2 APPROVED PLANNING COMMISSION MINUTES - Regular
Meeting of October 11, 1993 - Received & filed.
7.3 REJECTED CLAIM FOR DAMAGES - Filed by Scott Lovell,
October 25, 1993 and referred the matter for
further action to Carl Warren & Co., the City's
Risk Manager.
7.4 APPROVED CITY OF DIAMOND BAR V. COUNTY OF LOS
ANGELES, ET AL, LEGAL SERVICES CHANGE.
8. PUBLIC HEARING: 7:00 p.m. or as soon thereafter as
matters can be heard.
8.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING
TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE
PERMIT NO. 92-8 AND OAK TREE PERMIT NO. 92-8;
VESTING TENTATIVE TRACT NO. 32400, CONDITIONAL USE
PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 92-3;
TENTATIVE TRACT MAP NO. 51253 AND CONDITIONAL USE
PERMIT NO. 92-12; OAK TREE PERMIT NO. 92-9; THE
SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT
REPORT NO. 92-1 - Continued from October 5, 1993.
M/Miller abstained from discussion of this item due
to a potential conflict of interest.
CDD/DeStefano reported that all three of the
developers, through written correspondence to the
City, have indicated their interest in a
continuance of the hearing to January 4, 1994. Mr.
Dabney, representing Mr. Arciero, Mr. Forrestor
and Mr. Budke, representing Mr. Patel, indicated
their desire to provide an opportunity for the new
members of the City Council to review all of the
documents completed to date before bringing the
i
project back for a full public discussion. He i
recommended that the Council continue the Public
Hearing to the meeting of January 4, 1994.
MPT/Papen opened the Public Hearing.
MPT/Papen pointed out that the City Council has
performed the following activities in regard to
finding sources of revenue for, or preservation of,
environmentally sensitive areas: the formation of
4
SEATAC; the invitation of the Secretary of National
Resources, Douglas Wheeler, for an aerial tour of
Tonner Canyon, and a walking tour of Sandstone
Canyon; and letters to Mr. Wheeler, Senator Frank
Hill, and Assemblyman Paul Horcher. She requested
A
i i - i i r Ci •V;r �A �.:� I rr�4i.'.. � t ���p. b:s`'�0'°.^�i�k;�,.`5 �e :i��£:;�;�. �*��",-.v%uiAi
NOVEMBER 16, 1993 PAGE 7
kthat the letter from Senator Frank Hill, which
responded to the Council's request for funding for
preservation of environmentally sensitive areas, be
submitted into the EIR record. The letter
basically stated that there was no money available
at this time for such projects.
C/Werner moved, C/MacBride seconded to continue the
Public Hearing to January 4, 1994. Motion carried
4 - 0 with M/Miller abstaining.
9. OLD BUSINESS:
9.1 APPOINTMENT' OF TRAFFIC & TRANSPORTATION
COMMISSIONER - MPT/Papers recommended the
appointment of Mrs. Lu Esposito to the Traffic &
Transportation Commission.
With consensus of Council, MPT/Papen's appointment
of Mrs. Lu Esposito was ratified.
9.2 QUARTERLY BUDGET ADJUSTMENT AND RESOLUTION NO.
90-45G: A RESOLUTION OF THE CITY OF DIAMOND BAR
SETTING FORTH PERSONNEL RULES AND REGULATIONS
y REGARDING THE PAYMENT OF SALARIES, SICK LEAVE,
VACATIONS, LEAVES OF ABSENCES, AND OTHER
REGULATIONS - CM/Belanger stated that the purpose
of the budget document is to ratify decisions made
by the City Council since the City adopted the
fiscal year 1993-94 municipal budget. The only
change is to revise the salary resolution for
additional part time positions previously approved
by the City Council over the past 4 months. He
recommended that the City Council approve the
quarterly budget amendment for FY 1993-94 and adopt
Resolution No. 90-45G setting forth salaries and
benefits for City Personnel.
MPT/Papen inquired if the 3% or 4% salary increase
included in the budget proposal, but not authorized
by the City Council, is still in reserve or is
being allocated.
CM/Belanger stated that the salary ranges have not
been changed to reflect any such increases since it
was not authorized by the City Council at that
time.
C/MacBride moved, C/Forbing seconded to approve the
- quarterly budget amendment for FY 1993-94 and adopt
Resolution No. 90-45G: 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. With the following Roll Call vote,
motion -carried:
NOVEMBER 16, 1993 PAGE 8
AYES: COUNCILMEN - MacBride, Forbing, Werner,
MPT/Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
10. NEW BUSINESS:
10.1 CONTRACT- FOR PROVISION OF SERVICES OF A HEARING
EXAMINER FROM THE CITY OF LA VERNE - CM/Belanger
reported that the City, pursuant to AB408, has
embarked upon the administration of processing
parking citations and implementing a hearing
examiner program. He recommended that the City
Council approve a contract providing services of a
hearing examiner from the City of Laverne.
C/MacBride noted that the Laverne hearing examiner
was selected because every scheduled hearing
examination would cost $7.00, as opposed to
$137/hour utilizing the County Sheriff or $500/hour
utilizing a private firm.
C/Werner inquired if the mediation center could
embark upon such a contract.
CM/Belanger explained that the reason the unit
process is low is because the hearing officer does
the same type of adjudication for several other
cities, thus facilitating continuity and
consistency among the various law enforcement
agencies. Staff did not contact the mediation
center.
C/MacBride stated that it would be difficult for
the mediation center to enter this sphere because
there is an element of punitive damages and
compulsory attendance.
C/MacBride moved, C/Forbing seconded to approve a
contract providing services of a hearing examiner
from the City of Laverne. With the following Roll
Call vote, motion carried:
AYES: COUNCILMEN - MacBride, Forbing, Werner,
MPT/Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
10.2 AWARD OF CONTRACT FOR INTERIM BUILDING AND SAFETY
SERVICES - CM/Belanger reported that the City
recently concluded its relationship with a private
consulting firm providing the City with
professional Building & Safety Division services
for over four years. The nature of the separation
caused the immediate need for interim professional''
NOVEMBER 16, 1993 PAGE 9
j
staff to be employed by the City. Interim building
and safety staff are necessary to maintain
professional services to the public. City staff
has negotiated an agreement with a team of
professionals familiar with the existing operation.
Staff has also solicited proposals for permanent
services and is in the process of interviewing the
various providers. It is anticipated that staff
will make a recommendation at the December 7, 1993
meeting for a permanent provider. He recommended
that the City Council award a contract to The
Compliance Group to provide interim building &
safety services.
MPT/Papen requested that the Professional Service
Agreement be amended on page 1, first paragraph, to
name "The Compliance Group" which is the party
carrying the insurance.
Don Schad stated that he was under the impression
that the City had a Building Department for
inspections. He inquired if this change will
necessitate a higher cost to the City.
M/Miller explained that the City had a contract
with Pacesetter, a consulting firm, that handled
building and safety services for the City.
However, Pacesetter no longer serves the City.
CM/Belanger explained that the cost to the City
depends on the fees received for permits taken
because there is a percentage of the fees received
that is paid to the company.
C/Werner moved, MPT/Papen seconded to award a
contract to The Compliance Group to provide interim
building & safety services, and to amend the
contract to name the consultant for insurance
concerns. With the following Roll Call vote,
motion carried:
AYES: COUNCILMEN - Werner, MPT/Papen,
MacBride, Forbing,
M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
10.3 RESOLUTION NO. 93-76: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE
CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT
a_
FUNDS FROM THE USED OIL RECYCLING FUND PURSUANT TO
THE CALIFORNIA OIL RECYCLING ENHANCEMENT ACT OF
1991 - Asst. to CM/Butzlaff reported that, pursuant
to the California Oil Recycling Enhancement Act, a
non-competitive Used Oil Recycling Block Grant
NOVEMBER 16, 1993 PAGE 10
Program for funding local used oil collection!'
programs as well as others to encourage recycling'''
or appropriate disposal methods for used oil, was
established. It is estimated that between $5 and
$8 million will be available during FY 1993-94 for
qualified projects under this program. Using the
State's per capita formula, City is eligible to
receive approximately $17,500 to implement a
comprehensive public education campaign to eighteen
awareness of used oil recycling and to establish a
system to report illegal disposal of used oil. He
recommended that the City Council adopt a
Resolution authorizing the City Manager to submit
an application for grant funds from the Used Oil
Recycling Fund pursuant to the, California Oil
Recycling Enhancement Act of 1991,
David Reynolds suggested that the City send mailers
to educate residents.
Asst. to CM/Butzlaff stated that this particular
grant application being submitted by the City is
extensively for public educational materials. The
City plans to use the funds under this program to
develop a comprehensive campaign to not only
educate residents on proper disposal methods of I 0J
waste motor oil, but also how to report illegally i
disposed of motor oil. In addition, inform-ation
can be provided on household hazardous waste
materials.
C/MacBride moved'C/Werner seconded to adopt
Resolution No. 93-76: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE
CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT
FUNDS FROM THE USED OIL RECYCLING FUND PURSUANT TO
THE CALIFORNIA OIL RECYCLING ENHANCEMENT ACT OF
1991. With the following Roll Call vote, motion
carried:
AYES: COUNCILMEN - MacBride, Werner, Forbing®
MPT/Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN = None
11. ANNOUNCEMENTS: C/MacBride stated that the
petitions opposing the proposed MRF must be submitted
to the City of Industry by November 28, 1993.
MPT/Papen reminded the public to support the YMCA book 9sale located in the K -Mart parking lot.
Wd d
�M��dzq,,l A",
91
NOVEMBER 16, 1993 PAGE 11
+; 12. ADJOURNMENT: With no further business to
conduct, the meeting was adjourned at 8015 p.m.
Ly DA -City Clerk
ATTEST:
Mayor