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HomeMy WebLinkAbout06/05/1990 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 5, 1990 CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: COUNCIL COMMENTS: CONSENT CALENDAR: Schedule Future Meetings M/Werner 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. The audience was led in the Pledge of Allegiance by MPT/Forbing. Councilmen Papen and Kim, Mayor Pro Tem Forbing and Mayor Werner. C/Horcher arrived at 7:12 p.m. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski and City Clerk Lynda Burgess. C/Papen introduced her mother, Viola Schoenthal, who is visiting from Chicago. C/Kim moved and C/Papen seconded to approve the Consent Calendar with the exclusion of Item 10. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Papen, Kim, MPT/Forbing and M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Horcher A. Traffic and Transportation Committee - June 7, 1990 6:00 p.m., Library B. Planning Commission Meeting - June 11, 1990 - 7:00 p.m.. W.V.U.S.D. Board Room, 880 S. Lemon Avenue C. Joint Meeting City Council/Planning Commission - June 12, 1990 - 6:00 p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave. D. Park and Recreation Study Session - June 14, 1990 - 6:30 p.m., City Hall. E. Council Strategic Planning Workshop - June 14 and 15 - 10:00 a.m. - 5:00 p.m., Balboa Bay Club, Newport Beach F. General Plan Advisory Committee - June 21, 1990 - 7:00 p.m., Ramada Inn G. Planning Commission - June 25, 1990 - 7:00 p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave. H. Joint Meeting City Council/Traffic & Transportation Committee - June 26, 1990 - 6:00 p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave. I. Los Angeles County Sheriff's Department 2nd Joint Quarterly Breakfast - June 28, 1990 - 7:00 - 8:30 a.m., Diamond Bar Country Club. J. Parks and Recreation Commission - June 28, 1990 - 6:30 p.m., Community Room, 1061 S. Grand Avenue. JUNE 5, 1990 PAGE 2 Approval of Approved Minutes of Regular Meeting of May Minutes 15, 1990 and Adjourned Regular Meeting of May & Summitridge 22, 1990. Warrant Register Approved Warrant Register dated June 5, 1990 Purchase of Trucks in the amount of $740,712.32. Treasurer's Report Approved Treasurer's Report for the month of April, 1990. Denial of Claim Denied Claim for Damages filed by The Anden Group. Resolution 90-57 Adopted Resolution No. 90-57 entitled: A Park Maintenance RESOLUTION OF THE CITY OF DIAMOND BAR Worker II ESTABLISHING THE POSITION AND SALARY RANGE FOR PARKS MAINTENANCE WORKER II. General Svcs. Approved General Services Agreement between Agreement the City and the County of Los Angeles. Reduction of Reduced Security Deposit for Storm Drain/ Security Deposit Drainage Improvements, Private Drain No. Storm Drain/ 1697, Tract No. 38454 in the amount of _ Drainage $238,125 as well as $119,026.50 for Labor and Private Drain 1697 Material. Tract No. 38454 Sanitary Sewer Approved work and accepted public use of the Private Contract Sanitary Sewer under Private Contract No. No. 10739 10739. Extension of Authorized staff to enter into agreements Landscape Agreements - with Landscape West and OK Landscape for one - Landscape West & year extensions for landscape and mainten- OK Landscape ance. Pomona Valley Approved Agreement with the Pomona Valley Humane Society - Humane Society to provide animal control Animal Control Svcs. services for Fiscal Year 1990-91. Signal Award - Awarded bid to Hovey Electric, Inc. of Rancho Traffic Signal Cucamonga in the amount of $136,042 for at Grand Ave. traffic signal installation at Grand Ave. & & Summitridge Summitridge and Longview & Grand Ave. & Longview Purchase of Trucks C/Kim moved, C/Papen seconded the motion to direct staff to reject the one bid received, -- re-bid for the purchase of two trucks and request 1991 trucks only. With consensus of Council, the motion carried. r JUNE 5, 1990 PRESENTATIONS: PAGE 3 Neil Armstrong C/Papen presented Eugene Domeno, Principal of School - "National Neil Armstrong Elementary School with a plaque Distinguished honoring the school as being designated a School." National Distinguished School." Certificate of M/Werner presented Suzanne Budovec of GTE with Appreciation a Certificate of Appreciation for outstanding community service. Proclamation - M/Werner proclaimed the month of June, 1990 as "First Aid Kit & "First Aid Kit and Book" month. Book Month" Diamond Bar CM/Van Nort advised that the Pomona Branch of the Zip Code Postal Service had been contacted and Postmaster Morton invited to attend to discuss postal services in Diamond Bar and answer questions. Mr. Morton was not present. C/Papen advised that she had received a letter from Congressman Drier regarding the Zip Code problem. She recommended that a letter be sent in response to the report from the=Postal Service along with a staff report on the service problems encountered. MPT/Forbing requested that the City Manager notify postal officials that residents in Zip Code 91789 within the City's boundaries will begin using "Diamond Bar" as their mailing address effective August 1, 1990. Mr. Al Rumpilla, 23958 Golden Springs Rd., suggested that anyone wishing to complain about postal services may complete a complaint form available at the Post Office. OLD BUSINESS: Annual Agreements CA/Arczynski advised that he had been in contact with County Counsel and that the contracts could not be amended to read "County or City may terminate." Following discussion, C/Kim moved, C/Papen seconded to approve the Agreements with the County -- of Los Angeles for Examination of Tract Maps and Parcel Maps, Industrial Waste, and Maintenance of Traffic Signal and Highway Safety Lighting. With the following Roll Call Vote, the motion carried: JUNE 5, 1990 PAGE 4 AYES: COUNCILMEMBERS - Papen, Kim, MPT/ Forbing and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - Horcher Sign Ordinance CA/Arczynski asked Council for direction Modifications regarding preparation of a Sign Ordinance. C/Papen advised that tighter control over the issuance of sign permits would be desirable; specifically, limiting free-standing signs to one per parcel per street until the full process has been reviewed in its entirety. In addition, signs above roof lines should be prohibited, commercial areas should be required to be uniform in signage, each center should develop themes and every free- standing sign should be required to include addresses of the businesses being advertised. C/Kim suggested limiting the size of free- standing signs to 4' x 51. Signs higher than 6 feet should require a Conditional Use Permit. M/Werner felt that free-standing signs should bear a relationship in terms of proportion, scale and size to the property that they are proposed to be situated on. Donald Nardella, representing the Chamber of Commerce, stated that the Chamber would not be in favor of a moratorium on signs, but that if found necessary by the City Council, the moratorium should be no longer than 45 days. Dr. Dan Buffington, 2605 Indian Creek and Mr. Michael Lowe, 1124-D Cleghorn, spoke in favor of imposition of a moratorium until the matter is studied completely. Mr. Gregory Gaffney, 2320 Diamond Bar Blvd. Unit "K", spoke on a possible moratorium until such time as a sign ordinance has been put in place. Mr. Don Schad, 1824 Shaded Wood Rd., supported the concept of a moratorium on building. Following discussion, M/Werner continued the matter to later in the meeting. JUNE 5, 1990 PAGE 5 RECESS: M/Werner declared a recess at 7:25 p.m. RECONVENE: M/Werner reconvened the meeting at 7:40 p.m. PUBLIC HEARINGS: Zone Change Mr. Dennis Tarango, Acting Planning Director, made 90-0028 a presentation regarding the zone change from R -1 - Ordinance 6 (1990) 6000 (Single Family Residence, High Density) to C- 1 -DP (Restricted Business Zone with Development Program). The site is approximately 1.65 acres located on the southeast corner of Brea Canyon Rd. and Lycoming St. M/Werner opened the Public Hearing. Mr. Jan Dabney, 3375 Falcon Ridge Rd., represented the applicant and spoke in favor of the zone change. In response to questions by the Council, Mr. Dabney advised that the applicant would probably not have a problem with the addition of a billboard exclusion or addition of a cross-over driveway and access easement. Dr. Dan Buffington, 2605 Indian Creek, spoke in favor of the request and the billboard exclusion. With no further testimony being taken, M/Werner closed the Public Hearing. M/Werner asked that Exhibit No. 3 (Mitigated Declaration) include a requirement for a common driveway and cross-over easements with the adjoining commercial/industrial property. Following discussion, CA/Arczynski presented for first reading by title only ORDINANCE NO. 6 (1990) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DIAMOND BAR BY RECLASSIFYING CERTAIN REAL PROPERTY HEREIN DESCRIBED FROM THE R- 1-6000 SINGLE FAMILY RESIDENCE 6000 SQ. FT. MINIMUM PARCEL SIZE ZONE TO THE C1 -DP -BE RESTRICTED COMMERCIAL DEVELOPMENT PROGRAM BILLBOARD EXCLUSION ZONE, ZONE CHANGE NO. 90-0028. C/Kim moved, MPT/Forbing seconded to approve Ordinance No. 6 (1990). With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - Papen, Kim, Horcher, MPT/Forbing and M/Werner None None JUNE 5, 1990 PAGE 6 Zone Change Mr. Robert Searcy, Planning Department, 90-0036 presented the application for a zone change, appeal of the CUP for the commercial project and signage and determination of the Negative Declaration. C/Kim requested that the fast-food restaurant be eliminated from this project due to traffic congestion. M/Werner advised that the Planning Commission had recommended approval of the zone change and the CUP to encompass everything that was shown on the site plan but eliminated one free-standing sign for building pads. The applicant appealed the Planning Commission's decision for approval to include the free- standing sign once again. Mr. Ken Spear, Cahan/Crisell Properties, 362 W. Mission, Escondido, representing the applicant, advised that the Planning Commission had scrutinized the project in depth and that the reason for the free- standing pole sign is due to the fact that the site is approximately 25 ft. below freeway grade. He further discussed the fast-food restaurant and the common ingress/ egress access. M/Werner opened the Public Hearing. Mr. Wayne Sant, representing the Marriot Corp., Santa Ana, advised that the proposed Fairmont Inn is designed for business travelers and that the rates would be approximately $40-$50 a night. Mr. Rock Miller, a registered Civil and Traffic Engineer, who prepared the traffic study for the proposed site stated that, in his opinion, there would be little or no problem with either the traffic or parking at this site. C/Papen indicated her concern over the retail portion of the site, specifically parking. She went on to say that the original proposal included smaller buildings than this proposal and that, most likely, there would not be sufficient parking for those businesses that might lease space there. JUNE 5, 1990 PAGE 7 Mr. Jim Paul, 1269 Ahtena Dr., spoke in opposition to the project. Mr. Don Schad, 1824 Shaded Wood Road, repre- senting the Diamond Bar Improvement Assn., requested continuation of this matter until the General Plan is in effect. He also had concern over the signage and access by service trucks, specifically for rubbish removal. Mr. Michael Lowe, 1124-D Cleghorn; Dr. Dan Buffington, 2605 Indian Creek and Mr. Gregory Gaffney, 2320 Diamond Bar Blvd. Unit "K" also spoke in opposition to the proposed develop -went. Mr. Willie Marselin, owner of the property in question, spoke in favor of the proposed plan. With no further testimony being taken, M/Werner closed the Public Hearing. C/Kim moved, MPT/Forbing seconded to approve the environmental determination and zone change with addition of billboard exclusion. Following further discussion, Mr. Spear advised that he would like to see the zone change approved, but would be willing to go back to the Planning Commission for further review of the CUP application. RECESS M/Werner declared a recess at 9:20 p.m. RECONVENE M/Werner reconvened the meeting at 9:35 p.m. and announced that C/Horcher had requested to be excused from the remainder of the meeting. MPT/Forbing withdrew his second and C/Kim withdrew his motion to approve the zone change. C/Kim moved, MPT/Forbing seconded the motion to refer the entire matter back to the Planning Commission for further review. With consensus of Council, the motion carried. Ordinance 7 City Engineer Ronald Kranzer presented a Prohibiting report regarding Ordinance No. 7-(1990) and Commercial recommended Council adopt the Ordinance Vehicles prohibiting commercial vehicles of 10,000 lbs. or more on all streets except those listed on the staff report. M/Werner opened the Public Hearing. JUNE 5, 1990 PAGE 8 Mrs. Helen Kornegger, 7207 Lycoming No. 119, wanted to make sure that recreational vehicles would be exempt from the Ordinance. Mr. Al Rumpilla, 23958 Golden Springs, requested more specific wording in the Ordinance regarding delivery by trucks. Lt. Muravez, Walnut Sheriff's Station, advised that the Sheriff's Department usually looks at the Bill of Lading to determine the route of the truck when questioning whether it belongs on certain streets. With no further testimony being taken, M/Werner closed the Public Hearing. CA/Arczynski presented for first reading by title only ORDINANCE NO. 7 (1990) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING THE USE OF STREETS WITHIN THE CITY OF DIAMOND BAR BY COMMERCIAL VEHICLES AND BY ANY VEHICLE EXCEEDING A MAXIMUM GROSS WEIGHT OF TEN THOUSAND POUNDS, EXCEPT AS SPECIFIED HEREIN, ESTABLISHING I^ PENALTIES THEREFOR AND REPEALING CHAPTER 15.48 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED. M/Werner moved, MPT/Forbing seconded the motion to approve Ordinance No. 7 (1990). With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Kim, MPT/Forbing and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - C/Horcher Capital CM/Van Nort presented a staff report regard - Improvement ing projects that were presented at the Public Projects for Hearing on May 15, 1990 for adoption of the FY 90-91 Budget, specifically Heritage Park Improvements, Carlton J. Peterson Park Improvements, Pathfinder Bridge, Grand Ave. projects being paid for by the County of San Bernardino, and carry over projects by Los Angeles County. --, M/Werner opened the Public Hearing. With no testimony being taken, M/Werner closed the Public Hearing. JUNE 5, 1990 PAGE 9 MPT/Forbing moved, C/Papen seconded to approve the Capital Improvement Projects for FY 1990-91. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Kim, MPT/ Forbing and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - Horcher Ordinance 20A CA/Arczynski advised that this Ordinance was (1989) advised that this Ordinance was prepared at the Purchasing request of C/Kim to give preference to local System merchants providing bids for services. He further advised that Section XX is a statement of policy by the City and can be included in this Ordinance or within the policy statement developed by the City. Following discussion, CM/Van Nort suggested that he provide a staff report regarding the preference of recyclable materials by vendors. MPT/Forbing suggested that the Public Hearing on ^i the Purchasing Ordinance be postponed until both sections together can be heard. M/Werner opened the Public Hearing. Mr. Gregory Gaffney, 2320 Diamond Bar Blvd. Unit "K", asked for clarification on how the bid would be awarded. With no further testimony being taken, M/Werner closed the Public Hearing. Following discussion, it was agreed that the City Attorney would combine both sections of the ordinance for first reading and public hearing on June 12, 1990. Sign Ordinance Further discussion ensued regarding modifica- Modification tion of the Sign Ordinance. MPT/Forbing suggested that Council discuss this issue during their joint meeting with the Planning Commission. Staff was.directed to continue the matter until the June 12, 1990 meeting. JUNE 5, 1990 PAGE 10 ANNOUNCEMENTS: CM/Van Nort reported that C/Kim, M/Werner and he had met with the District Director of Caltrans on June 4th to discuss the 57 and 60 Freeway improvements including sound walls, landscaping, interchange and study of the lanes for possible modification. CLOSED SESSION: There being no further business, M/Werner recessed the meeting to Closed Session for discussion of Litigation and Personnel Matters at 10:37 p.m. ADJOURNMENT: M/Werner reconvened Regular Session at 10:55 p.m., declared that there was no reportable action taken and adjourned the meeting at 10:37 p.m. Respectfully Submitted Lynda Burgess, City Clerk ATTEST• a or CITY OF DIAMOND BAR USES RECYCLED PAPER