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HomeMy WebLinkAbout08/15/1989 Minutes - Regular MeetingMPT/Horcher asked the Council to consider adoption of a Sister City in China. I C/Forbing requested that staff research the Sister City concept to determine what benefits may be derived through the program for the City. PUBLIC COMMENTS: Mr. Frank Dursa read an article published July 12, 1989 in the Orange County Register regarding the effect of abstain votes. He requested the Council adopt a policy on whether abstain votes should be counted with the majority or as no vote whatsoever. Stacy Bloomfield, 416 Ballena, made a brief presentation to the Council regarding the proposed softball complex. M/Papen suggested that the Girls' Softball Association meet with C/Miller and C/Forbing to discuss the Association's needs. Mr. Ken Factor, 21275 Ambusher St. spoke of his concern regarding the proposed Lowe Development at the corner of Brea Canyon Rd. and Diamond Bar Blvd. He stated that the area is the last of the "wilderness" sites left in the City. He suggested that consideration be given to construction of a park rather than a housing development. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 15, 1989 CALL TO ORDER: Mayor Papen called the meeting to order at 6:01 p.m. in the Council Chambers, W.V.U.S.D., 880 S. Lemon Avenue, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance ALLEGIANCE: by C/Miller. ROLL CALL: Mayor Papen, Mayor Pro Tem Horcher, Councilmen Miller, Werner and Forbing. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski and City Clerk Lynda Burgess. COUNCIL COMMENTS: M/Papen stated that she had met with the land- scapers for the medians and requested the City Attorney review the contract to determine whether it can be cancelled for non-performance due to the landscaper's failure to appear at a scheduled meeting and the unacceptable condition of the medians. MPT/Horcher asked the Council to consider adoption of a Sister City in China. I C/Forbing requested that staff research the Sister City concept to determine what benefits may be derived through the program for the City. PUBLIC COMMENTS: Mr. Frank Dursa read an article published July 12, 1989 in the Orange County Register regarding the effect of abstain votes. He requested the Council adopt a policy on whether abstain votes should be counted with the majority or as no vote whatsoever. Stacy Bloomfield, 416 Ballena, made a brief presentation to the Council regarding the proposed softball complex. M/Papen suggested that the Girls' Softball Association meet with C/Miller and C/Forbing to discuss the Association's needs. Mr. Ken Factor, 21275 Ambusher St. spoke of his concern regarding the proposed Lowe Development at the corner of Brea Canyon Rd. and Diamond Bar Blvd. He stated that the area is the last of the "wilderness" sites left in the City. He suggested that consideration be given to construction of a park rather than a housing development. AUGUST 15, 1989 PAGE 2 C/Werner explained that the Environmental Impact Report on this development is currently being prepared and concerned citizens should inform the City who will then transmit them to the County Planning Department. M/Papen pointed out that discussions are being held by the School Board on Wednesday nights. CONSENT CALENDAR: It was moved by C/Miller, seconded by MPT/ Horcher to approve all Consent Calendar items. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher and M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Schedule Future A. August 29, 1989, 12:00 noon, City Hall Meetings Conference Room - Special Council Meeting B. September 21, 1989 - General Plan Citizens Planning Committee Workshop, Ramada Inn Approval of A. Minutes of Regular Adjourned Meeting of Minutes July 11, 1989 as submitted B. Minutes of Regular Adjourned Meeting of July 18, 1989 as submitted Warrant Register Approved Warrant Register dated August 15, 1989 in the total amount of $45,849.59. Resolution 89-70 Adopted Resolution No. 89-70 electing to be subject to Public Employees' Medical and Hospital Care Act. Housing Authority Approved Cooperation Agreement between the City and the Housing Authority of the County of Los Angeles concerning administration of the Section 8 Housing Assistance Payments Program. City Vehicle Authorized Notice Inviting Sealed Bids for purchase of a City vehicle. _ Exoneration of Accepted completion of public improvements Bonds and approved release of bonds for. Tract Nos. 39679, 42555, 42561 and 42570. AUGUST 15, 1989 PAGE 3 Dir., Parks & Approved appointment of Charles Janiel, Jr. as Maintenance Director of Parks and Maintenance and adopted Resolution 89-71 Resolution No. 89-71 effective September 11, 1989. Supt., Parks & Approved appointment of Donald J. Hensley as Maintenance Superintendent of Parks and Maintenance and Resolution 89-72 adopted Resolution No. 89-72 effective September 11, 1989. SPECIAL PRESENTATIONS: Introduction of CM/Van Nort introduced Dawne Calleros, Secretary Secy. to CM to the City Manager effective September 5, 1989. Humane Society Mr. William Harford, Executive Director of the Pomona Humane Society presented a plaque to Council for display in City Hall enclosing a special advertisement in the Progress Bulletin stating "Pick a Friend --We're Proud to be Serving the City of Diamond Bar." Claremont Dispute Mr. Dexter MacBride of the Claremont Dispute Resolution Center Resolution Center, made a presentation and requested the City to consider the additio of a clause regarding mediation and arbitration in all contracts. He further stated that he is interested in opening a Dispute Resolution Center in Diamond Bar. CA/Arczynski requested an opportunity to review the proposal as mediation has been employed in many different areas but is unusual in public works types of contracts. He stated that he would review the wording used by the City of Montebello and would return with a report to the Council at a later date. Bus Stop Shelters Mr. Tony Ingegneri, representing Bustop Shelters of California, Inc., 18023 Sky Park Circle, Ste. H2, Irvine, addressed the Council and proposed the addition of 20 bus stop shelters in commercial areas throughout the City. This system would pro- vide the City with approximately $12,000 annual revenue. The benefit is that the City would have greater control over advertising displayed in the shelters. Bustop Shelters does not permit tobacco or alcohol advertising and is very strict on other types of advertising. They build, install and maintain each of the shelters and maintain $1,000,000 of liability insurance. AUGUST 15, 1989 PAGE 4 In response to M/Papen's request, Mr. Ingegneri answered that red tile roofs are currently being designed for several cities and that they can be provided to Diamond Bar as well. He also explained that graffiti is removed by steam cleaning within a two-hour period of receipt of a complaint. Following discussion, it was agreed that staff would develop a Request for Proposals for approval at the next regular meeting of the Council. Walnut Valley Christine Adams, Director of the Walnut Recreation Valley Recreation Department, gave a brief presentation regarding the satisfactory results of the summer program conducted at local parks. She further stated that the contract for the School Year Parks Program is virtually the same as the Summer Parks Program with the exception of the dates and the dollar amounts. Mr. Gary Neely inquired as to the reasons why the residents in the area north of Grand Avenue are not well-informed about parks programs by the Walnut Valley Recreation Ond why no programs are offered in this area of the City. Ms. Adams replied that flyers regarding the summer programs were distributed through the PTA at Diamond School and pointed out that most of the facilities in this area are not within Walnut Valley Recreation jurisdiction but are within the Pomona School District. Mr. Neely pointed out that, under the Community Center Act, the City Council could write to the Pomona School District and request a day care center --the School District must provide this if requested. C/Miller stated that the JPA is being prepared to include Pomona School District and requested that this matter be continued to a meeting in September. Mr. Al Rumpilla requested clarification as to what is North Diamond Bar as far as the parks program is concerned. It appears as though there are no programs in the vicinity of Golden Springs. AUGUST 15, 1989 PAGE 5 CM/Van Nort introduced Charles Janiel, the new Director of Parks and Maintenance. Carlton J. Following a presentation by Bob Morganstern of the Peterson Park engineering firm of Ron Kranzer and Associates, a Resolution 89-73 motion was made by C/Miller, seconded by C/Werner, to adopt Resolution No. 89-73 calling for bids regarding construction of Phase II of Carlton J. Peterson Park. Motion carried unanimously. Mr. Bob Gonzales, 3566 Cotter Rim Lane requested consideration of a softball field on this park. The Girls' Softball League would incur most of the costs and the labor putting this together. C/Forbing pointed out that the County previously spent $180,000 and that approximately $400,000 has been transferred from the County to the City to continue construction as previously designed. Another consideration would be Pantera Park but it would cost $3.2 million to develop. M/Papen pointed out that the shortage of parks in the North Diamond Bar area is a result of Transamerica's dedication of 50 acres in Sycamore Canyon for park space 20 years ago. Of that 50 acres, only 6 is active park space and the remainder is passive because of the steep canyon. The land was used to credit home developers as their allocation for park land. 10 acres were donated by Transamerica 20 years ago for use by the Little League. Racquetball Mr. Chris Lancaster, 1129 Barston Ave., Covina, Facility presented a proposal regarding the construction of a "pay and play" coin-operated racquetball facil- ity at Peterson Park. The proposal includes a 35 - year lease agreement with an approximate 5% return to the City. Kartchner and Chollet, the develop- er, would be willing to construct additional parking. The Cities of Glendora and Huntington Park have been successful with this type of facility and the City of Long Beach is currently constructing facilities of this type in all their parks. Can work out a suitable agreement with the City for security of the facility. C/Werner moved to refer this matter and the construction of softball facilities to staff for report back to the Council at the first meeting in October. AUGUST 15, 1989 PAGE 6 Debbie Kone, 771 Golden Prado, stated that she is involved with the PTA in the area of the park and has heard nothing about community meetings regarding the construction of the park. C/Miller stated that he would be happy to meet with her PTA. M/Papen stated that the park design was established approximately 4 years ago. Meetings were held at the Library and the Country Club and all sports groups were made aware --design was put together through community input at that time. Fire Retardant Ronald Jones, Fire Chief, stated that no roof Roofs ordinance currently exist for the City. The Building Code defines the materials for con- struction of roofs in certain fire zones, not the Fire Code. However, years ago, the Diamond Bar area was identified as being within Fire Zone 4. Now that the City has incorporated, Diamond Bar has been placed in Fire Zone 3. Fire Zone 4 requires Class A or B roofs only. Fire Zone 3 allows -Class C with no requirement as to materials for single and two-family dwellings. Class A is for severe fire hazard protection, Class B is for moderate protection and Class C is for light protection. He stated that Diamond Bar is in a severe fire hazard area. He recom- mended that the City adopt an Ordinance for new residential construction only requiring Class A roofs with nothing less than Class B. Staff was directed to prepare an Urgency Ordinance for consideration at the next meeting to require Class A roofs for new residential construction and Class B roofs for repair or replacement. RECESS M/Papen declared a recess at 8:20 p.m. The meeting reconvened at 8:40 p.m. Building and Following discussion, staff was authorized to Safety Services prepare a Request for Proposals for provision of Building and Safety Services. Federal -Aid Following discussion, staff was directed to Urban (FAU) proceed with installation of a traffic signal at Program Diamond Bar Blvd. and Kiowa Crest. C/Forbing recommended that the City Engineer look into the resurfacing of Golden Springs from Grand Avenue to Brea Canyon Rd. as soon as possible. AUGUST 15, 1989 PAGE 7 Reclaimed Following a report by CM/Van Nort, staff was Water authorized to work with the Walnut Valley Water District to develop a proposal to study delivery of reclaimed water and bring further reports back to the Council. Yard Mr. John Gutwein, County Department of Regional Modification Planning, explained that C. Stephen Davis, 20763 Plot Plan 38198 E. Rim Lane requested approval of a yard modifi- cation to extend the height of an inner masonry wall 312" above the height of the existing outer masonry wall to mitigate noise and provide privacy from Ronald Reagan park. Following discussion, it was agreed that Planning staff handle this matter in the usual manner and provide approval at that level. 'y PUBLIC HEARINGS: Continued from meeting of August 1, 1989. CA/ Imposition of Arczynski explained that requests had been made to Vehicle Code impose vehicle code requirements on streets that Provisions have not yet been accepted. Most of these streets seem to be in the Bramelea Tract. M/Papen opened the public hearing. There being no public testimony, M/Papen closed the public hearing. Resolution 89-74 It was moved by MPT/Horcher, seconded by C/Werner to adopt Resolution No. 89-74 permitting enforce- ment of Vehicle Code provisions concerning various tracts within the City. Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Forbing, Miller, Werner, MPT/Horcher and M/Papen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Operation of Continued from meeting of August 1, 1989. Pre -School Requested by Diamond Bar Congregational Facility Church, 2249 S. Morning Canyon Dr. John Gutwein explained that the Conditional Use Permit applied for is to continue operation of a pre-school facility which is not a permitted use in an R-3 zone. The original CUP was issued in 1978 and has expired. M/Papen opened the Public Hearing. Pastor Joe Murphy, Diamond Bar Congregational Church, requested that the number of required parking spaces for the Pre -School be reduced although the Church is planning to expand the parking facilities for the Church itself. AUGUST 15, 1989 PAGE 8 Mr. Leonard Matteson further emphasized the Church's position on this matter. There being no further public testimony, M/ Papen closed the Public Hearing. It was agreed that the City Attorney be directed to prepare a Resolution for adoption at the next regular meeting to approve the Conditional Use Permit with addition of Condition #20 specifying that "at the time that the sign is changed, that it meet the existing City ordinance" requiring monument signs. Animal Control CM/Van Nort recommended adoption of a Fees Resolution adopting the County fees for Resolution 89-75 Animal Control. M/Papen opened the Public Hearing. There being no public testimony, M/Papen closed the Public Hearing. It was moved by C/Miller, seconded by C/Forbing to adopt Resolution No. 89-75 establishing Animal Control, Shelter and Licensing Fees. Motion passed with the following Roll Call vote: AYES: COUNCILMEN: Forbing, Miller, Werner, MPT/Horcher and M/Papen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Sidewalk CM/Van Nort recommended that this matter be Sales continued to the first meeting in October to allow for further information from the Chamber of Commerce. C/Forbing recommended that enforcement of the Ordinance not take place until adoption of the Ordinance. It was agreed that this matter be continued until such time that the Chamber of Commerce makes its recommendation and the enforcement of the Ordinance begin at that time. City Logo C/Forbing presented an enhanced design of the Logo for approval of the concept. He explained that the building would be colored a light blue like a reflective glass, the sky would be blue, the hills green, the windmill AUGUST 15, 1989 PAGE 9 brown and a white fence and white road. He suggested a dark border with white lettering. Mr. Don Gravdahl suggested that the diamond in the design be elongated similar to that which the public already relates as the old ranch brand. C/Forbing stated that this brand is copyrighted and the Bartholomew family has not offered usage to the City. It was moved by C/Forbing, seconded by C/Werner, that the Logo prepared by Jack Wise be approved in concept and declare Mr. Wise the winner of the design contest. Motion carried unanimously. Personnel System CA/Arczynski presented for second reading by Ordinance No. 21 title only Ordinance No. 21 (1989) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PERSONNEL SYSTEM M/Papen moved to accept Ordinance No. 21 (1989) for second reading by title only and adoption. MPT/Horcher seconded the motion and with the, following Roll Call vote, the motion carried: AYES: COUNCILMEN: Forbing, Miller, Werner, MPT/Horcher and M/Papen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Park Grants CM/Van Nort stated that after looking at all Resolution 89-76 the parks and the regulations in applying for grants, it was recommended that the City apply for funds under the Roberti-Z'berg-Harris Urban Grant Open Space and Recreation Program. This would provide $49,000 from the State and $21,000 from matching funds to upgrade Heritage Park for a child care center. The matching funds would be included in next year's budget, but application must be made by September 1, 1989. It was moved by C/Miller and seconded by C/ Forbing to adopt Resolution No. 89-76 approving the application for grant funds under the Roberti- Z'berg-Harris Urban Grant Open Space and Recreation Program. Motion carried unanimously. ANNOUNCEMENTS: CM/Van Nort announced that a Solid Waste Solid Waste meeting would be held September 27, 1989 at Meeting 7:00 p.m. at the Ramada Inn to gather input on how the community would like to see structured the City Council's solid waste franchise. The City will be going out to bid on this shortly thereafter. AUGUST 15, 1989 PAGE 10 CM/Van Nort also announced that recruitment for a Planning Director had begun. The deadline for applications is October 2, 1989. CM/Van Nort indicated that the Budget had been printed and was available for purchase by the public at a charge of $10.00 per copy to offset the cost of printing. There being no further business, M/Papen adjourned the regular meeting to closed session at 10:05 p.m. Closed session convened at 10:15 p.m. for discussions regarding Personnel and Grand Avenue Litigation. ADJOURNMENT: M/Papen reconvened regular session at 10:58 p.m. and at 10:58 p.m., adjourned the meeting to August 29, 1989 at 12:00 p.m. Respectfully submitted, Lynda Burgess, CMC City Clerk ATTEST: Phy lis Paperf Mayor