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HomeMy WebLinkAbout03/20/1990 Minutes - Special MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 20, 1990 CALL TO ORDER: M/Papen called the meeting to order at 6:04 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 Councilman Miller. ROLL CALL: Mayor Papen, Mayor Pro Tem Werner, Councilmen Horcher, Miller and Forbing. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski and City Clerk Lynda Burgess. COUNCIL COMMENTS: C/Miller stated that his participation in negotia- tions with the County of San Bernardino for Grand Avenue did not constitute a conflict of interest and that prior to the beginning of negotiations, he had informed all members of the Council, the City Manager and the City Attorney of his property holdings in an unincorporated area of Chino Hills. CA/Arczynski verified that C/Miller had requested his opinion on disclosure in approximately May of 1989 and that since State law requires disclosure of any property within 1200 feet of a project, his opinion was that C/Miller did not have a conflict of interest. He noted that C/Miller's property was located at least 4 miles from the nearest extension of Grand Avenue and 7 miles from the junction of Grand Avenue with the County line. C/Forbing announced that he had attended a two-day seminar on recycling earlier in the month and following discussions with officials from other cities, he felt that the City was heading in the right direction on dealing with the mandates of AB 939. C/Werner requested an investigation by the District Attorney and the Fair Political Practices Commission regarding a flyer that was distributed at a Candidates' Forum on March 19th. This flyer contained no identification as to the name of the committee producing and distributing same. i M/Papen stated that she and C/Forbing met with -- postal officials to discuss service problems due the two separate zip codes required to be used by Diamond Bar residents. Postal officials indi- cated that a report on the matter would be avail- able in mid-April. She further reported that Assemblyman Frank Hill has introduced legislation MARCH 20, 1990 PAGE 2 to assist the City in obtaining its property taxes. She and CM/Van Nort will be traveling to Sacramento next week to testify before the Legislature on the matter. CONSENT CALENDAR: C/Miller moved, seconded by C/Forbing to approve the Consent Calendar with the excep- tion of Item Nos. 3, 16 and 17. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Horcher, Forbing, Miller, MPT/Werner, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Schedule Future a) Parks and Recreation Study Session - Meetings March 22, 1990 - 7:00 p.m. - City Hall b) Planning Commission - March 26, 1990 - 7:00 p.m. - W.V.U.S.D. Board Room, 880 S. Lemon Ave. C) Anniversary Committee - April 4, 1990 - 7:00 p.m. - City Hall d) Carlton J. Peterson Park Dedication - April 7, 1990 - 4:00 p.m. - Carlton J. Peterson Park e) 1st Anniversary Celebration of Diamond Bar - April 21, 1990 - 8:00 a.m. to 4:00 p.m. - Diamond Bar High School f) Walnut Valley Water District Tour - April 24 - 26, 1990 Approval of a) Approved amendment to Minutes of Regular Minutes Meeting of February 20, 1990 to correct Page 4 to reflect vote of 4 to 1 with C/Horcher voting no. b) Approved Minutes of Regular Meeting of March 6, 1990. c) Approved Minutes of Special Meeting of March 13, 1990. Parks & Recreation Received and filed Parks and Recreation Commission Minutes Minutes of Regular Meeting of February 8, 1990 and Study Session of February 22, 1990. Traffic & Received and filed Traffic and Transportation Transportation Commission Minutes of Regular Meeting of February Minutes 1, 1990. Resolution 90-25 Adopted Resolution No. 90-25 entitled: County Lighting RESOLUTION GRANTING CONSENT AND JURISDICTION Maint. District TO THE COUNTY OF LOS ANGELES IN THE MATTER OF Zone Proj. 9-18 COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 9-18. MARCH 20, 1990 PAGE 3 Resolution 90-26 Adopted Resolution No. 90-26 entitled: RESOLUTION County Lighting GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF Maint. District LOS ANGELES IN THE MATTER OF COUNTY LIGHTING Zone Proj. 134-57 MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 134-57. Resolution 90-27 Adopted Resolution No. 90-27 entitled: RESOLUTION County Lighting GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF Maint. District LOS ANGELES IN THE MATTER OF COUNTY LIGHTING Zone Proj. 132-57 DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 132-57. Resolution 90-28 Adopted Resolution No. 90-28 entitled: RESOLUTION County Lighting GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF Maint. District LOS ANGELES IN THE MATTER OF COUNTY LIGHTING Zone Proj. 129-64 DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 129-64. Resolution 90-29 Adopted Resolution No. 90-29 entitled: RESOLUTION County Lighting GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF Maint. District LOS ANGELES IN THE MATTER OF COUNTY LIGHTING Zone Proj. 136-57 DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 136-57. Resolution 90-30 Adopted Resolution No. 90-30 entitled: RESOLUTION County Lighting GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF Maint. District LOS ANGELES IN THE MATTER OF COUNTY LIGHTING Zone Proj. 108-47 DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 108-47. Resolution 90-31 Adopted Resolution No. 90-31 entitled: RESOLUTION County Lighting GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF Maint. District LOS ANGELES IN THE MATTER OF COUNTY LIGHTING Zone Proj. 266-97 DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 266-97. Resolution 90-32 Adopted Resolution No. 90-32 entitled: RESOLUTION State Highway OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR Electrical APPROVING THE AGREEMENT FOR COST-SHARING OF STATE Cost -Sharing HIGHWAY ELECTRICAL FACILITIES IN THE CITY OF DIAMOND BAR. Bond Reduction Private Drain 1820, Unit 1, Tract 31941 Resolution 90-33 Exchange of Prop A Local Return Transit Funds for FAU Funds Approved reduction of $175,000 Surety Bond by $131,300 for Storm Drain/Drainage Improvements, Private Drain No. 1820, Unit 1, Tract No. 31941. Adopted Resolution No. 90-33 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING AND APPROVING THE EXCHANGE OF PROPOSITION A LOCAL RETURN TRANSIT FUNDS TO THE LOS ANGELES COUNTY TRANSPORTATION COMMISSION FOR REGIONAL FEDERAL -AID URBAN HIGHWAY FUNDS. MARCH 20, 1990 Award of Bid - Traffic Signal Equipment - Grand Ave. & Diamond Bar Blvd. PAGE 4 Awarded bid for traffic signal equipment for Grand Ave. and Diamond Bar Blvd. to Triad Sales of Garden Grove in an amount not to exceed $11,556. Warrant Register Mr. Gregory Gaffney requested clarification of a warrant in the amount of $15,130 payable to JayKim Engineers. He questioned whether Mr. Kim: a) had a present conflict of inter- est in being a City Council candidate and contractor for the City for Chino Hills Parkway; b) Mr. Kim's company may be allowed to remain as the contractor on this project through April 10, 1990, election day; and c) if Mr. Kim is elected, what would happen to his contract. CA/Arczynski replied that a) presently there is no conflict of interest involving Mr. Jay Kim; b) that Mr. Kim's company may remain on the contract through April 9, 1990 and c) if Mr. Kim is elected, the contract would have to be canceled. He further pointed out that payment to JayKim Engineering is actually being made by the County of San Bernardino through the City. C/Horcher protested the expenditure of $90.00 for Council Members attending the "Don Webster Retirement" stating that expenses like these should not be paid from City funds. Following discussion, C/Forbing moved, seconded by MPT/Werner to approve the Warrant Register dated March 20, 1990 in the amount of $787,529.23. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Horcher, Forbing, Miller, MPT/Werner, M/Papers NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None SPECIAL PRESENTATIONS: Proclamation - Proclaimed the month of March, 1990 as "Home Month of March Safety Measures" Month in conjunction with 1990 as "Home the Year -Long Earthquake Survival Program in Safety Measures" Southern California. MARCH 20, 1990 PAGE 5 Presentation - Mr. Charles Majus gave a presentation regard - Disaster ing disaster preparedness and requested fund - Preparedness ing of approximately $10,000 to purchase radio equipment and accessories to establish an emergency operations center in City Hall and a mobile emergency operations center. He recom- mended that the City consider membership in "Area D" of the Office of Emergency Services. Mr. Majus will work with the Sheriff's Department regarding cost and availability of the equipment. Contract - Following a request by C/Miller for the R & B Commercial Sheriff's Department to look into a similar Properties type contract with the owners of the Kentucky Special Law Fried Chicken outlet on Diamond Bar Blvd., it Enforcement Svcs was moved by MPT/Werner, seconded by C/Miller to Country Hills authorize the City Manager to execute a contract Town Center with R & B Commercial Properties for additional police services at Country Hills Town Center with the Sheriff's Department. All services are to be reimbursed by R & B Commercial Properties. OLD BUSINESS: Resolution 90-34 Following discussion, it was moved by MPT/Werner, Malathion Spraying seconded by M/Papen to adopt Resolution No. 90-34 for Medflies entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REQUESTING THAT THE AERIAL APPLICATION OF MALATHION INSECTICIDE BE SUSPENDED IN LOS ANGELES COUNTY. Motion carried unani- mously. Resolution 90-35 Following presentations by Bill Bradshaw repre- Revision of the senting Jones Intercable and Suzanne Budavec from Cable GTE, it was moved by C/Forbing, seconded by Communications MPT/Werner to adopt Resolution 90-35. Motion Act of 1984 withdrawn. It was then moved by C/Forbing, seconded by MPT/Werner to adopt Resolution No. 90-35 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR URGING THE CONGRESS OF THE UNITED STATES TO REVISE THE CABLE COMMUNICATIONS POLICY ACT OF 1984 TO OPEN THE CABLE INDUSTRY TO MORE COMPETITION IN THE MARKETPLACE to include added wording regarding franchise fees. Motion carried by a 4-1 vote, C/Horcher voting no. C/Miller asked that the record show that he had requested, but did not receive, information from Jones Intercable regarding how their business would be negatively impacted if the Cable Communications Policy Act of 1984 is amended to allow more competition in the marketplace. MARCH 20, 1990 PAGE 6 Ordinance 25(A) 1989 CA/Arczynski presented for first reading Powers & Duties of ORDINANCE NO. 25(A) (1989): AN ORDINANCE OF Planning Commission THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING SECTION 4 OF ORDINANCE NO. 25 (1989) PERTAINING TO THE POWERS AND DUTIES OF THE CITY PLANNING COMMISSION. It was moved by C/Miller, seconded by C/ Forbing to waive reading and adopt Ordinance No. 25(A) (1989) by title only. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Horcher, Forbing, Miller, MPT/Werner, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Landscaping Plan City Planner Dennis Tarango displayed a map Mobile Oil Corp. prepared by Mobil Oil Corporation indicating compliance with C/Werner's request for addi- tional landscaping. With consensus of Council, the Landscaping Plan was approved. Grand Ave. Traffic Following discussion, the Council reaffirmed & Grand Ave. & Diamond approval of the concept of double left turn Bar Blvd. Median pockets on Diamond Bar Blvd. at Grand Ave. Improvements Resolution 90-36 Following discussion, it was moved by M/ Recycling Policies Papen, seconded by C/Forbing and unanimously approved to adopt the following policies as suggested by C/Forbing: a) Recycling Policy - A general recycling policy to assist with requirements of the California Integrated Solid Waste Act of 1989 (AB 939). b) RESOLUTION NO. 90 - 36: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING POLICY FOR RECYCLED PRODUCTS - Requiring the City to purchase and use recycled products whenever possible to the extent that such use does not negatively impact health, safety or operational efficiency. Bus Shelter RFP M/Papen moved, seconded by MPT/Werner to approve the Bus Shelter Requests for Proposals with the following amendments: - Section 7.7a. - Delete the words "Solar powered electrical installation will not be allowed." MARCH 20, 1990 PAGE 7 - Section 10.1 - Add an option to use benches constructed of recycled plastic. Motion carried unanimously. Clarification - Following discussion, it was agreed that the RFP for Disposal Request for Proposals would remain open regarding of Garbage & options for exclusive vs. non-exclusive franchises Rubbish and automated vs. manual operations. Staff was directed to make other minor changes, send the information to all potential proposers and extend submission date to April 20, 1990 at 3:00 p.m. RECESS M/Papen declared a Recess at 8:03 p.m. M/Papen reconvened the meeting at 8:18 p.m. NEW BUSINESS: Ordinance 3 (1990) CA/Arczynski presented for first reading ORDINANCE Prohibiting No. 3 (1990): AN ORDINANCE OF THE CITY COUNCIL OF Parking - North THE CITY OF DIAMOND BAR PROHIBITING PARKING, AT & South Sides of ALL TIMES, ON THE NORTH AND SOUTH SIDES OF COLIMA Colima Rd. ROAD FROM ITS INTERSECTION WITH BREA CANYON ROAD AND THE WEST CITY LIMITS'AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF. MPT/Werner moved, seconded by C/Miller to waive reading and adopt Ordinance No. 3 (1990) by title only. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Horcher, Forbing, Miller, MPT/Werner, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Ordinance 4 (1990) CA/Arczynski presented for first reading ORDINANCE Prohibiting or No. 4 (1990): AN ORDINANCE OF THE CITY COUNCIL OF Restricting THE CITY OF DIAMOND BAR PROHIBITING OR RESTRICTING Stopping, Parking THE STOPPING, PARKING OR STANDING OF COMMERCIAL or Standing of VEHICLES IN SPECIFIED AREAS OF THE CITY, REPEALING Commercial SECTIONS 15.050 AND 15.64.100 OF THE LOS ANGELES Vehicles COUNTY CODE AS HERETOFORE ADOPTED, AND PRESCRIBING I PENALTIES FOR VIOLATION OF THIS ORDINANCE. C/Forbing moved, seconded by MPT/Werner to waive reading and adopt Ordinance No. 4 (1990) by title ^- only. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Horcher, Forbing, Miller, MPT/Werner, M/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None MARCH 20, 1990 PAGE 8 Truck Routes Mr. Al Rumpilla, 23958 Golden Springs Dr., a former truck driver, recommended changes to the proposal that he felt would be more prac- tical for both the City and truck drivers. Staff was directed to refer his suggestions to the Traffic and Transportation Committee. Following discussion, staff was directed to prepare the necessary Ordinance, provide for the necessary noticing and set the matter for Public Hearing as soon as possible. Council Fairness Following discussion regarding adoption of Policy of a Resolution setting forth a Council Fairness Policy concerning publications and ceremonial events sponsored by the City, C/Horcher moved to adopt said Resolution. Motion died for lack of a second. PUBLIC HEARINGS: Ordinance 5 (1990) CA/Arczynski introduced for first reading Development Review Ordinance No. 5 (1990): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR --� ADDING A NEW CHAPTER 22.72 TO TITLE 22 OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO DEVELOPMENT REVIEW AND REPEALING ORDINANCES NOS. 11(1989), 11A(1989), 15(1989) AND 15A(1989) AS HERETOFORE ADOPTED. M/Papen opened the Public Hearing. There being no one present to speak on the matter, M/Papen closed the Public Hearing. C/Forbing moved, M/Papen seconded to waive further reading of Ordinance No. 5(1990). Motion carried unanimously. C/Forbing moved and M/Papen seconded to approve for first reading Ordinance No. 5 (1990). Motion carried by a 4-1 vote, C/Horcher voting no. Parcel Map 15625 Following a presentation by Mark Logan representing Diamond Bar Honda, M/Papen opened the Public Hearing. There being no one present to speak on the matter, M/Papen closed the Public Hearing. Resolution 90-37 It was moved by C/Miller, seconded by C/Forbing and unanimously carried to approve: MARCH 20, 1990 PAGE 9 a) Resolution No. 90-37 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ENVIRONMENTAL DETERMINATION FOR PARCEL MAP 15625 AND A REQUEST TO SUBDIVIDE A PARCEL OF REAL PROPERTY INTO FOUR (4) LOTS. THIS PARCEL IS LOCATED AT 525 S. GRAND AVE., DIAMOND BAR, CALIFORNIA, MAKING FINDINGS IN SUPPORT THEREOF AND IMPOSING CONDITIONS THEREON. b) Mitigated Negative Declaration. Conditional Use Following a presentation by Ernest Benevides, Permit & Variance Associate Paster of the Diamond Bar Friends Application No. Church, M/Papen opened the Public Hearing. 89257 There being no one present to speak on the matter, M/Papen closed the Public Hearing. It was moved by C/Miller, seconded by C/Forbing to remove Conditions #21, 22 and 23 and approve the following: Resolution 98-38 a) Resolution No. 90-38 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT AND VARIANCE APPLICATION NO. 89257, A REQUEST TO CONTINUE OPERATION OF A SCHOOL, TO ADD A PRE- SCHOOL FACILITY FOR AN ADDITIONAL 75 CHILDREN, TO CONSTRUCT A STRUCTURE INTO THE REAR YARD SETBACK, AND FOR AN ENVIRONMENTAL DETERMINATION. THE SCHOOL IS SPONSORED BY DIAMOND BAR FRIENDS CHURCH AT 1220 S. BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA, MAKING FINDINGS IN SUPPORT THEREOF AND IMPOSING CONDITIONS THEREON. b) Conditional Use Permit to allow continuation of the existing school and expand service to a pre-school facility and 75 additional students as well as the construction of a two -floor, 4,200 sq. ft. building. C) Variance to permit a two -floor building to extend into rear yard setback to within five ft. of the property line. d) Categorical Exemption under CEQA Article 8, Section 15102. Conditional Use Reviewed and approved by the Planning Permit 89417 Commission on February 12, 1990, this case is a request to extend an existing CUP for a veterinary clinic. The applicant submitted a request to continue the matter until April 3, 1990. MARCH 20, 1990 PAGE 10 M/Papen opened the Public Hearing. Public Hearing regarding Conditional Use Permit 89417 was continued to April 3, 1990. ANNOUNCEMENTS M/Papen appointed John Bennett to fill a vacancy on the General Plan Advisory Committee. CLOSED SESSION There being no further business, M/Papen recessed to Closed Session at 10:18 p.m. for discussion of Litigation and Personnel Matters. ADJOURNMENT: M/Papen reconvened Regular Session at 11:00 p.m., declared that there was no reportable action taken and adjourned the meeting at 11:00 p.m. to Closed Session on Saturday, March 24, 1990, 8:00 a.m. to 11:00 a.m. at C/Forbing's home. Respectfully Submitted, Lynda Burgess City Clerk ATTEST: