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Home My WebLink About06/27/1989 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR ADJOURNED MEETING OF THE CITY OF DIAMOND BAR JUNE 27, 1989 CALL TO ORDER: M/Papen called the meeting to order at 6:00 p.m. in Council Chambers, W.V.U.S.D. 880 S. Lemon Avenue, Diamond Bar, California. The following Councilmembers were present: Forbing, Werner, MPT/Horcher and M/Papen. C/Miller was excused from attending. Also present were staff members Robert L. Van Nort, City Manager, Andrew Arczynski, City Attorney; and Tommye Nice, Deputy City Clerk. PRESENTATIONS/ CM/Van Nort introduced Marybeth Schirmer, INTRODUCTIONS/ the City's Parks & Rec. Intern and Don APPOINTMENTS: Don MacLean, the Planning Intern. PUBLIC COMMENTS: No response from the audience. COUNCIL COMMENTS: No comments by Council were made. CONSENT CALENDAR: CM/Van Nort presented the Consent Calendar to Council for approval. C/Werner requested that Item No. 4 (Credit Card Issuance) be removed from the Consent Calendar. MPT/Horcher moved and C/Forbing seconded approval of the Consent Calendar with the deletion of Item No. 4. With the following Roll Call vote, the Consent Calendar was approved: AYES: COUNCILMEN - Forbing, Werner, Mayor Pro Tem Horcher, Mayor Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Miller 2. Approved Minutes of the Adjourned Meeting of June 13, 1989. 3. Approved Warrant Register dated June 27, 1989 in the amount of $27,373.41. 4. Adopted RESOLUTION NO. 89-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING ESTABLISHMENT OF PAY PERIODS FOR THE EMPLOYEES OF THE CITY. Establishing a payroll system commencing July 1, 1989 and setting forth pay periods. 5. Aerial Photographs - Approved the taking of aerial photographs. Meeting of June 27, 1989 6. Denied Claim for Damages filed by Michael Provencio. Item No. 4: Mr. Frank Dursa asked Council what guidelines Credit Card would be used in the authorization of the use Issuance of credit cards. After discussion by Council, C/Werner moved to amend the wording of Resolution No. 89-56 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE USE OF CITY CREDIT CARDS FOR DESIGNATED OFFICIALS in sub -paragraph 2 from "shall include" to "shall mean." MPT/Horcher seconded the motion and with the following Roll Call Vote, Resolution 89-56 was approved: AYES: COUNCILMEN - NOES: COUNCILMEN - ABSENT: COUNCILMEN - NEW BUSINESS: Forbing, Werner, Mayor Pro Tem Horcher, Mayor Papen None Miller ANIMAL CONTROL CA/Arczynski recommended that the City Council FEES adopt for 1st reading by title only Ordinance No. 16 (1989) and waive further reading. C/Forbing moved for approval of Ordinance No. 16 (1989) entitled: AN ORDINANCE OF THE CITY OF DIAMOND BAR PERTAINING TO ANIMAL CONTROL FEES for first reading by title only and waive further reading. The motion was seconded by MPT/Horcher and approved by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Werner, Mayor Pro Tem Horcher, Mayor Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Miller Item No. 10 CA/Arczynski recommended that the Council adopt FIREWORKS: an urgency ordinance prohibiting the sale, use or discharge of any fireworks within the City and declaring the urgency thereof. After lengthy discussion, C/Forbing moved and M/Papen seconded the adoption by title only and waive further reading of Ordinance No. 18 (1989) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING THE SALE, USE OR DISCHARGE OF ANY FIREWORKS WITIiIN THE CITY AND DECLARING THE URGENCY THEREOF. With the following Roll Call vote, Ordinance No. 18 (1989) was adopted: Meeting of June 27, 1989 AYES: COUNCILMEN - Forbing, Werner, Mayor Papen NOES: COUNCILMEN - Mayor Pro Tem Horcher ABSENT: COUNCILMEN - Miller Item No. 11 After discussion by Council, C/Forbing moved FIREWORKS: and C/Werner seconded for first reading, by title only of Ordinance No. 17 (1989) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING THE SALE, USE OR DISCHARGE OF ANY FIREWORKS WITHIN THE CITY OF DIAMOND BAR. With the following Roll Call vote, the adoption by title only of Ordinance No. 17 (1989) was approved: AYES: COUNCILMEN - Forbing, Werner, Mayor Papen NOES: COUNCILMEN - Mayor Pro Tem Horcher ABSENT: COUNCILMEN - Miller OLD BUSINESS: Item No. 12 CM/Van Nort discussed the budget for the fiscal BUDGET: year 1989-90. CM/Van Nort advised that the City should be looking at $300,000 in Gas Tax as well as FAU funds. CM/Van Nort then went on to recommend adoption of the budget for FY 1989-90. After discussion by Council, M/Papen moved and C/Werner seconded the adoption of the Budget for the Fiscal Year 1989-90. With the following Roll Call Vote, the adoption of the Budget was approved: AYES: COUNCILMEN - Forbing, Werner, Mayor Pro Tem Horcher, Mayor Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Miller Item it CM/Van Nort introduced Jon Armstrong with MUNICIPAL Seidler and Fitzgerald, who made a presentation FINANCING: regarding municipal financing. Mr. Armstrong spoke to the Council on Tax Revenue Anticipation Notes. Mr. Armstrong recommended that the City let Moody's Investment Service rate the City on the Tran issue. M/Papen then asked the City Manager if he had a recommendation. CM/Van Nort recommended that: (a) Appoint Seidler and Fitzgerald as the City financial advisor; (b) Go to Competition Sale; Meeting of June 27, 1989 Item No. 16: PUBLIC HEARING COUNTY CODE ORDINANCES Mr. Rumpilla spoke in favor of a memorial park concept. M/Papen requested more time to research this issue as well as to consider which park could be used. She went on to ask the Park Sub -committee to meet with the different organizations that use the parks for their input. C/Forbing advised that both he and C/Miller would take it under advisement and bring it back at a later date for Council's consideration. C/Werner made recommendation that the Parks and Rec Sub -Committee give a report at the 2nd meeting in July on its recommendation of a Parks and Rec. Commission. M/Papen opened the public hearing regarding Ordinance No. 14 (1989) adoption by reference the Los Angeles County Code and other relevant non -codified Los Angeles County Ordinances as the ordinances of the City of Diamond Bar. CA/Arczynski recommended that the City Council open the public hearing and then accept for 2nd reading by title only and adoption of Ordinance No. 14. M/Papen then advised the audience that if anyone wished to speak on this matter to approach the Council. With no testimony being taken by the public, M/Papen closed the public hearing. C/Werner moved to accept Ordinance No. 14 (1989) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING BY REFERENCE THE LOS ANGELES COUNTY CODE AND OTHER RELEVANT NON -CODIFIED LOS ANGELES COUNTY ORDINANCES AS THE ORDINANCES OF THE CITY OF DIAMOND BAR for 2nd reading by title only and adoption. MPT/Horcher seconded the motion and with the following Roll Call vote, the motion carried: _ AYES: COUNCILMEN - Forbing, Werner, Mayor Pro Tem Horcher, Mayor Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Miller MPT/Horcher then asked if the urgency Meeting of June 27, 1989 ordinance regarding fireworks could be opened for public testimony. With consensus of Council, M/Papen opened the meeting for public testimony. Michael Cribbins, 21501 Pathfinder Rd., spoke in favor of the urgency ordinance. Don Schad also spoke in favor of the ordinance. Barbara Thurlo, 21245 Cold Springs Ln, spoke in favor of the ordinance. Al Rumpilla also spoke in favor of the ordinance. He also asked that Lt. Muravez speak on the subject. Lt. Muravez also gave testimony. After the taking of public testimony, MPT/Horcher asked to have another Roll call vote on this matter and that he was willing to change his vote if it was the will of the people. CA/Arczynski then went on to read Ordinance No. 18 (1989) by title only. C/Werner then moved for the adoption of Ordinance No. 18 (1989) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING THE SALE, USE OR DISCHARGE OF ANY FIREWORKS WITHIN THE CITY, AND DECLARING THE URGENCY THEREOF as an urgency ordinance, by title only and waive further reading. M/Papen seconded the motion and with the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Forbing, Werner, Mayor Pro Tem Horcher, Mayor Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN -Miller CM/Van Nort advised the Council and audience that someone had rammed the fence on Grand Ave. and had also cut the fence so that cars could go through. MPT/Horcher requested that a resolution be — prepared regarding the •desecration of the American flag. M/Papen announced that C/Werner had been appointed as the representative to the Contract Cities Association and C/Forbing is Meeting of June 27, 1989 designated as the alternate. M/Papen then announced the appointment of MPT/Horcher as the delegate to the Southwest Mosquito Abatement and she was looking for a community person as the alternate. With no further business to conduct, M/Papen adjourned to Closed Session. Convened to closed session. M/Papen reconvened the regular meetinq at 9:35 p.m. CM/Van Nort recommended that Tommye Nice be appointed Deputy City Clerk at a salary range of $9.53/per hour. M/Papen moved and MPT/Horcher seconded the adoption of Resolution No. 89-58 establishing salary for Deputy City Clerk. With the following Roll Call vote the motion carried: AYES: COUNCILMEN - Forbing, Werner, MPT/ Horcher, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Miller With no further business to conduct, the meeting was adjourned at 9:37 p.m. Re pectfully Submitted Tommys A. Nice Deputy City Clerk ATTEST: Ogg F/A- M