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Home My WebLink About09/05/1989 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 5, 1989 CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: COUNCIL COMMENTS: PRESENTATIONS: Mayor Papen called the meeting to order at 6:00 p.m. in the Council Chambers, W.V.U.S.D., 880 S. Lemon Avenue, Diamond Bar, California. The audience was led in the Pledge of Allegiance Allegiance by Mayor Pro Tem Horcher. Mayor Papen, Mayor Pro Tem Horcher, Councilmen Miller, Werner and Forbing. Also present were City Manager Robert L. Van Nort, Deputy City Attorney Curtis Fox, and Deputy City Clerk Tommye Nice. C/Werner requested that Agenda reports include cover sheets summarizing the report and indicating fiscal impact and other pertinent information. C/Miller advised that he had been walking the parks and had seen no indication of any further animal sacrifices at Summit Ridge Park. He then announced that a community meeting would be held at Peterson Park September 12, 1989 at 6:00 P.M. C/Forbing advised that both he and C/Miller had attended the recreation parade at Ronald Reagan Park. M/Papen congratulated the students attending the recently opened South Pointe Middle School. She then advised that the Institute of Transportation Studies from the University of Berkeley performed a two-day traffic study. They will make a report to the Council in approximately six weeks. She then stated that she had attended a meeting involving other cities, local residents and representatives from the Public Land Trust to discuss conservation of public lands. Senate Bill 1 Mike Jenkins of LACTC gave a presentation regarding SB1 which is proposed to consolidate theRTD's and the County Transportation Commission's responsibilities into one agency and forms an 11 member Board to allow certain decisions to be made regarding how the trans- portation policies and operations are con -ducted by that Board. He further stated that the Board ! of Supervisors and Transportation Zone Board opposes the Bill. SEPTEMBER 5, 1989 PAGE 2 Diamond Bar C/Werner proposed that a investigation be Anniversary conducted to recognize the anniversary of the City's incorporation. It was decided that a sub -committee should be established. M/Papen appointed C/Werner and C/Forbing to formulate plans. PUBLIC COMMENTS: Barbara Ruth, 1403 Winterwood Lane spoke on behalf of the Walnut/Diamond Bar Theatre and requested that their organization be made aware of future plans for a community center. Mike Mehta, 936 Clearcreek Canyon Dr., spoke on vandalism in his area. Deputy Larry Luter, Walnut Sheriff Station, 21695 E. Valley Blvd., presented the Council with "Designated Driver" pins and described the program. M/Papen asked Deputy Luter to comment on traffic enforcement in the City of Diamond Bar. Deputy Luter advised that in the month of July there were 1152 moving violations written on Diamond Bar Blvd. CONSENT CALENDAR: CM/Van Nort presented the Consent Calendar for approval. M/Papen requested the following corrections to the August 1, 1989 minutes: Page 2, Item 1 "Schedule future meetings" was scheduled for the City Offices rather than W.V.U.S.D. Page 2, Item 2 - change Planning Committee to GPAC. M/Papen also requested the following changes to the Minutes of the July 25, 1989 Special meeting: Item No. 1, first paragraph, regard- ing the proposed Parcel Map, should read "approval for the development would be necessary by the City of Diamond Bar", not the County of Los Angeles. Item No. 6, Page 2 should read "installation" of landscaping not "maintenance." In addition, paragraph two regarding Lowe Development should read "with the City of Diamond Bar" not "with L.A. County". Items No. 8, 10 and 11 were withdrawn from the Consent calendar. SEPTEMBER 5, 1989 PAGE 3 CM/Van Nort presented for approval Item 3, with insertion of a park meeting on September 12); Items 4, 5, 6, 7, 9 and 12. It was moved by MPT Horcher and seconded by C/ Werner to approve the Consent Calendar. The 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 meetings: A. September 12, 1989 - Ad Hoc Committee for Solid Waste - 7:30 p.m. - Ramada Inn B. September 12, 1989 - 12:00 p.m. Peterson Park meeting. C. September 21, 1989 - GPAC Workshop - 6:30 p.m. - Ramada Inn Minutes of July 25, 1989 Approved as amended. Minutes of August 1, 1989 Approved as amended. Warrant Register Approved Warrant Register dated September 1, 1989 in the total amount of $10,098.19. Treasurer's Approved as submitted. Report Exoneration of Approved request by County of Los Angeles for Bonds for exoneration of improvement bonds for Tract Nos. 42561, 42571 and 42577. Certificates Approved Certificates of Recognition for of Recognition award by M/Papen to Todd J. MacGillvray and Ronald C. Fry in honor of their achieving the rank of Eagle Scout. Water Reuse Approved award of contract to Boyle Feasibility Study Engineering to conduct a feasibility study regarding water reclamation. SEPTEMBER 5, 1989 PAGE 4 Resolution 89-82 Following discussion, it was moved by C/ CUP No. 89187 Miller and seconded by MPT/Horcher to adopt Resolution No. 89-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT APPLICATION NO. 89187, A REQUEST TO CONTINUE THE OPERATION OF A PRE-SCHOOL FACILITY WITH EXTENDED DAY CARE ON PROPERTY LOCATED AT 2249 SOUTH MORNING CANYON ROAD, DIAMOND BAR, CALIFORNIA, MAKING FINDINGS IN SUPPORT THEREOF AN IMPOSING CONDITIONS THEREON with amended wording to Items 6(c) and (p). The motion was unanimously approved. Water Reuse William Everest made a presentation regarding Feasibility Study the scope of work that Boyle Engineering will be performing. Resolution 89-83 C/Werner requested approval of Resolution No. U.C. Campus 89-83 in support of a University of California campus in the San Gabriel -Pomona Valleys and in support of the.Diamond Bar area as an ideal central location. Both Gary Neely and Lavina Rowland of Diamond Bar spoke in support of this Resolution. M/Papen declared a recess at 7:55 P.M. Meeting was reconvened at 8:03 P.M. After lengthy discussion, C/Werner moved to amend Resolution No.89-83 to insert the work "conceptually" in Items 1, 2 and 4 and to delete the paragraph that refers to a letter that was sent May 12, 1989. The motion was seconded by MPT Horcher. With consensus of Council, the motion was approved. Natural Gas/City Mr. Scott Beals made a presentation consist - Controlled Vehicles ing of a video tape and overhead display regarding vehicles powered by natural gas. Staff was directed to proceed to work with Southern California Gas andd the AQMD in implementing natural gas driven automobiles. In addition, a phrase is to be added to the RFP allowing solid waste haulers a phase-in period wherein all solid waste collection trucks may operate on alternative fuels. SEPTEMBER 5, 1989 PAGE 5 Resolution 89-84 Mr. George Brusher gave a presentation on his Speed Zone Study Speed Zone Study conducted on certain City streets. He recommended that when the con- struction of Temple Ave. is completed, the City consider entering into a joint study with the City of Pomona to determine the speed limit. After discussion, M/Papen moved and MPT/Horcher seconded to adopt Resolution No. 89-84 adopting a Speed Zone Study justifying speed limits on certain City Streets. With consensus of Council, the motion was unanimously approved. Ordinance 22 Deputy CA/Fox presented for first reading by title (1989) Speed only Ordinance No. 22 (1989) entitled AN ORDINANCE Limits OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING PRIMA FACIE SPEED LIMITS FOR CERTAIN CITY STREETS. C/Miller moved, C/Werner seconded to waive further reading of Ordinance No. 22 (1989). Motion was unanimously approved. NEW BUSINESS: �I Interim Ordinance CM/Van Nort discussed interim Ordinance No. 23 (1989) 23 (1989) "sign ordinance" and recommended that staff meet with Cal Poly Pomona to conduct a study of all signs in the City's commercial areas. Deputy CA/Fox presented Interim Ordinance No. 23 (1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING AN INTERIM ZONING ORDINANCE PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE 65858(a) AND MAKING FINDINGS IN SUPPORT THEREOF. M/Papen moved and MPT/Horcher seconded to adopt Ordinance No. 23 (1989) and with the following Roll Call vote, Interim Ordinance No. 23 (1989) was approved: AYES: COUNCILMEN - Forbing, Miller, Werner MPT/Horcher and M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Staff was directed to meet with Cal Poly regarding a "sign" study. Tract Map #47722 Mr. John Gutwein, L.A. County Dept. of Regional Planning, discussed Tract Map 47722 for a project south of Grand Avenue and SEPTEMBER 5, 1989 PAGE 6 east of Diamond Bar Blvd. - a 16 lot subdivision which is up for environmental determination. Zoning of the property is R1- 10,000 and R1-40,000 designated as "non urban" in the Community Plan. He recommended that an Environmental Impact Report be required for this project. Attorney Peter Anderson, representing the Diamond Bar Country Estates Assn., spoke in favor of the Council taking action on this project. After discussion by Council and recommenda- tions made, staff was directed to request an EIR from the developer for the project in question. Ordinance 24 CM/Van Nort recommended adoption of an (1989) Parks Ordinance establishing a Parks and Recreation and Recreation Commission. Commission C/Miller moved and M/Papen seconded to waive full reading of Ordinance No. 24 (1989) with amended wording "terms to commence July 1 on even numbered years and expiring on June 30 of even numbered years." With the following Roll Call vote, the motion was approved: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher and M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None CA/Arczynski arrived at 9:30 p.m. Ordinance 25 CA/Arczynski presented for first reading (1989) Planning Ordinance No. 25 (1989) AN ORDINANCE OF THE Commission CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PLANNING COMMISSION. The proposed Ordinance was amended to reflect changes in the dates and terms of office which will expire June 30, 1992. C/Miller moved and C/Werner seconded to waive full reading of Ordinance No. 25 (1989) with amendments. With the following Roll Call vote, the motion was approved: AYES: COUNCILMEN - NOES: COUNCILMEN - Forbing, Miller, Werner, MPT/Horcher and M/Papen None SEPTEMBER 5, 1989 PAGE 7 Residential John Gutwein displayed a chart he had pre - Setbacks pared and discussed the basic setback requirements in R-1 zones. After discussion, it was decided to refer this matter to the Planning Commission and come back to the Council with a recommenda- tion. General Plan Following discussion, staff was directed to Consultant negotiate a contract with the Planning Network for development of a General Plan and an environmental impact report. OLD BUSINESS: "Abstain Vote" After discussion, Council requested the City Attorney to draft a resolution regarding the effect of "abstain" votes for the September 17 meeting. Koll-Diamond C/Miller moved, seconded by C/Forbing to approve Bar CC & Rs inclusion of language prohibiting owners of the property from modifying the CC&Rs regarding maintenance requirements, elevations and related ^I color schemes without consent of the City Council. - Motion was unanimously approved. There being no further business, M/Papen then recessed to closed session at 10:20 p.m. Closed session convened at 10:30 p.m. for dis- cussion regarding Grand Avenue Litigation and Personnel. ADJOURNMENT: M/Papen reconvened to regular session at 11:00 p.m. and adjourned the regular meeting at 11:05 p.m. Res ctfull Submitted, 0 Deputy 'ty Clerk ATTEST: Phyllis E. Papen Mayor