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HomeMy WebLinkAbout06/19/1990 Minutes - Regular MeetingM/Werner congratulated C/Horcher on his victory for the Republican candidacy for the 52nd Assembly District in the June Primary. He further congrat- ulated Gary Neely on his Democratic candidacy for the same seat. PUBLIC COMMENTS: Mr. Jim Paul, 1269 Ahtena Dr., spoke about the Strategic Planning Workshop held in Newport Beach. He encouraged the City Council to utilize facil- ities in Diamond Bar as much as possible in the future. CONSENT CALENDAR: CM/Van Nort presented the Consent Calendar and advised that the TRAM issue on the Warrant Register should be deleted due to the fact that it must be a wire transfer. The correct amount for the Warrant Register is $218,353.68. C/Papen moved and C/Kim seconded to approve the Consent Calendar with removal for discussion of a proposed Resolution expressing support for legislation to combat street gangs; bid award for median construction, landscaping and traffic signal modifications on Diamond Bar Blvd. at Grand Avenue and Home Occupation Permits. Motion carried by the following Roll Call vote: MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 19, 1990 CALL TO ORDER: M/Werner called the meeting to order at 6:03 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 Horcher. ROLL CALL: Councilmen Papen, Horcher, Mayor Pro Tem Forbing and Mayor Werner. C/Kim arrived at 7:10 p.m. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski and City Clerk Lynda Burgess. COUNCIL COMMENTS: MPT/Forbing announced that he and M/Werner had attended the christening of the Metro Blue Line Fleet earlier in the day. Diamond Bar was selected as one of the 54 cities to have a metro car named after it. He displayed a bronze plaque that will be placed in the car describing the City. M/Werner added that car number 115 will bear the City of Diamond Bar plaque. He gave the City Clerk a Certificate certifying the car number as well as the remains of the champagne bottle used i to christen the blue car. M/Werner congratulated C/Horcher on his victory for the Republican candidacy for the 52nd Assembly District in the June Primary. He further congrat- ulated Gary Neely on his Democratic candidacy for the same seat. PUBLIC COMMENTS: Mr. Jim Paul, 1269 Ahtena Dr., spoke about the Strategic Planning Workshop held in Newport Beach. He encouraged the City Council to utilize facil- ities in Diamond Bar as much as possible in the future. CONSENT CALENDAR: CM/Van Nort presented the Consent Calendar and advised that the TRAM issue on the Warrant Register should be deleted due to the fact that it must be a wire transfer. The correct amount for the Warrant Register is $218,353.68. C/Papen moved and C/Kim seconded to approve the Consent Calendar with removal for discussion of a proposed Resolution expressing support for legislation to combat street gangs; bid award for median construction, landscaping and traffic signal modifications on Diamond Bar Blvd. at Grand Avenue and Home Occupation Permits. Motion carried by the following Roll Call vote: JUNE 19, 1990 PAGE 2 AYES: COUNCILMEN - Papen, Kim, Horcher, ! MPT/Forbing and M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Schedule Future A. Solid Waste Proposal Review Study Meetings Session - June 21, 1990 - 7:00 a.m. to 1:00 p.m., W.V.U.S.D. Board Room B. General Plan Advisory Committee - June 21, 1990 - 7:00 p.m., Ramada Inn C. Planning Commission - June 25, 1990 - 7:00 p.m., W.V.U.S.D. Board Room D. Adjourned Regular Meeting/Joint Meeting City Council/Traffic & Transportation Committee - June 26, 1990 - 6:00 p.m., W.V.U.S.D. Board Room E. Disaster Preparedness - June 27, 1990 - 7:30 p.m., Walnut Sheriff's Station F. Parks and Recreation Commission - June 28, 1990 - 6:30 p.m. Community Room, 1061 Grand Avenue. Approval of Approved Minutes of Regular Meeting of June Minutes 5, 1990. Warrant Register Approved Warrant Register dated June 19, 1990 in the amount of $218,353.68. Traffic and Received and filed Traffic and Transportation Transportation Committee Minutes of April 5 and May 3, 1990. Committee Minutes Resolution 90-59 Adopted Resolution No. 90-59 entitled: A Lighting District RESOLUTION GRANTING CONSENT AND JURISDICTION 10006, Zone Proj. TO THE COUNTY OF LOS ANGELES IN THE MATTER OF 133-57 COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1, CITY OF DIAMOND BAR ZONE PROJECT 133-57. Resolution 90-60 Adopted Resolution No. 90-60 entitled: A Lighting District RESOLUTION GRANTING CONSENT AND JURISDICTION 10006, Zone Proj. TO THE COUNTY OF LOS ANGELES IN THE MATTER OF 135-57 COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1, CITY OF DIAMOND BAR ZONE PROJECT 135-57. MATTERS WITHDRAWN FROM CONSENT CALENDAR: Resolution Supporting C/Horcher requested that Resolution No. 90 -XX Legislation to be continued until copies of the proposed Combat Criminal Bills and input from Senator Frank Hill are Street Gangs obtained. JUNE 19, 1990 PAGE 3 Bid Award - Median CM/Van Nort announced that the bid award for Construction, Median Construction, Landscaping and Traffic Landscaping and Signal Modifications on Diamond Bar Blvd. and Traffic Signal Grand Ave. be continued to June 26, 1990. Modifications Home Occupation M/Werner advised that the proposed ordinance Permits is zoning -related which means that it must be reviewed by the Planning Commission before it can be adopted by the City Council. The following residents spoke against the proposed Ordinance requiring Home Occupation Permits: Bob Beidelman, 1926 Derringer Ln. Marshal Wise, 2600 Broken Feather Ln. Loni A. Cruz, 848 Carlton Privado, Ontario Chuck Martin, 444 N. Red Cloud Dr. Tom Van Winkle, 21103 Gerndal St., Walnut Paula Nafuger, 22902 True Grit P1. Carole Rickey, 555 Pinto Mesa Gelly Borromeo, 150 Cottonwood Cove Dr. Curtis C. Claybrook, 2111 Chestnut Creek Rd. Individual comments included: this is a way for f the City to raise taxes; how would the 20% be determined; where child care facilities would fall under this ordinance; concerns regarding no automobile or pedestrian traffic, whether it would include a "grandfather" clause; how could persons with home occupations advertise, etc. M/Werner read a letter from Dexter MacBride, President of the DBIA, in favor of the Home Occupation Permit. Mr. Mark Logan, Chamber of Commerce President, stated that the reason behind letters sent to the business community was to educate them regarding the proposed ordinances. He continued by saying that he felt that the intent of the ordinance does have value, however, over the last day and a half the Chamber has received approximately 150 phone calls regarding this ordinance. He followed by reading a letter from resident George Wright explaining his concerns. Mr. Gregory Gaffney, representing the DBIA, advised that it was the consensus of the Association that they did not want to become involved in creating a business ordinance where home businesses are concerned. C/Papen advised that one year ago, the City had been notified by the County that no business licenses were being issued except for businesses that had health and safety issues that needed to JUNE 19, 1990 PAGE 4 be regulated and monitored. She further explained that complaints are being received from residents who have paid persons or businesses to perform services that are not completed and then the business person(s) cannot be located again. Following discussion, C/Horcher moved, C/Kim seconded to table the Home Occupation Permit Ordinance indefinitely. With consensus of Council, the motion was approved. RECESS: M/Werner recessed the meeting at 7:20 p.m.. RECONVENE: M/Werner reconvened the meeting at 7:35 p.m. PRESENTATIONS: "Good Driver Deputy Larry Luter made a presentation on the Citations" "Good Driver Citations" Program being organ- ized by the Sheriff's Department. He will report on the success of the program at the end of the six month trial period. Certificate of M/Werner presented Capt. Thomas Vetter, Appreciation Walnut Sheriff's Station, with a Certificate of Appreciation for outstanding service to the citizens of Diamond Bar. Since Capt. Vetter was not present, M/Werner advised that the Certificate would be presented to him at the Quarterly Breakfast on June 28, 1990. Video Presentation C/Papen extended apologies from Congressman Dreier's office and explained that the video presentation regarding zip codes was still in the mail. OLD BUSINESS: Proposed Ordinance M/Werner polled the Council regarding Home re: Business Occupation Permits to determine whether staff Permits should include Home Occupations in the Business Permit Ordinance. Mr. Fred Scalzo, 22640 Golden Springs Dr., asked if Council could assure that the fees for licenses would be limited to administra- ive processing only and not used as a form of future taxing. He indicated he was concerned about the possibility of having to re -qualify through inspection. Mr. Curtis Claybrook, 2111 Chestnut Creek Rd., complained about excessive amounts of regulations that may be placed on the business person in the City. JUNE 19, 1990 PAGE 5 !^ Mr. Joe McManus, 23561 Coyote Springs Dr., requested clarification on permit fees. He advised that if a fee is to be placed on the business owner, there should be no distinction between whether the business is being conducted at home or in a store front. In response to Mr. Russ Hand's inquiry regarding raising of taxes, CM/Van Nort advised that the City is a General Law City and, therefore, voters must approve any tax increases. Mr. Joe Larutta, 2546 Sunbright Dr., commented that if a business license is required, there may be conflicts with CC&R's. Mr. Tom VanWinkle, asked why the City cannot obtain necessary information from other sources, not through Business or Home Occupation Permits. i Mr. Mark Logan, representing the Chamber of Commerce, felt that the intent of the Ordinance is to enable the City to monitor businesses. He advised that the Chamber had called a meeting for June 28, 1990 to determine their position regard- ing Business Permits. M/Werner advised that the business permit issue was being referred to the Planning Commission for re-evaluation and modification. It was suggested that staff work with the Chamber of Commerce on these issues and provide for input by the citizens expressing concern into the preparation of the ordinance. The City Attorney was directed to attend the Chamber's meeting on June 28. Ordinance 30 Asst. City Engineer Jack Istek advised that (1989) Flood following Council adoption of the Ordinance, Damage Prevention it would be sent to FEMA and the City should have a Flood Insurance Rate Map in place by December. Following discussion, MPT/Forbing moved, C/Horcher seconded, to approve Second Reading of Ordinance No. 30 (1989) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RELATING TO FLOOD DAMAGE PREVENTION. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Kim, Horcher, MPT/Forbing and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None JUNE 19, 1990 PAGE 6 Ordinance 6 (1990) CA/Arczynski presented for second reading by Amending Zoning title only Ordinance No. 6 (1990) entitled: Map 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, 6,000 SQUARE FOOT MINIMUM, PARCEL SIZE) ZONE TO THE C1 -DP -BE (RESTRICTED COMMERCIAL -DEVELOPMENT PROGRAM -BILLBOARD EXCLUSION) ZONE (ZONE CHANGE NO. 90-0028). MPT/Forbing moved, C/Kim seconded to adopt Ordinance No. 6 (1990). With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Kim, Horcher, MPT/Forbing and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None Ordinance 7 (1990) CA/Arczynski presented for second reading by Commercial Vehicles title only Ordinance No. 7 (1990) entitled: Exceeding 10,000 lbs. 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 VEHICLES EXCEEDING A MAXIMUM GROSS WEIGHT OF TEN THOUSAND POUNDS, EXCEPT AS SPECIFIED HEREIN, ESTABLISHING PENALTIES THEREFOR AND REPEALING CHAPTER 15.48 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED. NEW BUSINESS Ordinance 8 (1990) Amending Title 26 (Building Code), Title 28 (Plumbing Code) & Title 29 (Mechanical Code) Mr. John Griffin, 2105 #1 Dublin, asked for clarification regarding recreational vehicles. MPT/Forbing moved, C/Kim seconded to adopt Ordinance No. 7 (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 CA/Arczynski advised that in order to adopt the Uniform Codes by reference a Public Hearing must be held and full notice given. He then presented for first reading by title only Ordinance No. 8 (1990) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 26 (BUILDING CODE) JUNE 19, 1990 PAGE 7 TITLE 28 (PLUMBING CODE) AND TITLE 29 (MECHANICAL CODE) OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE ADOPTION BY REFERENCE OF THE "UNIFORM BUILDING CODE, 1988 EDITION," THE "UNIFORM BUILDING CODE, 1988 EDITION," AND THE "UNIFORM MECHANICAL CODE, 1988 EDITION." INCLUDING ALL APPENDICES THERETO, WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS, INCLUDING FEES AND PENALTIES. MPT/Forbing moved, C/Horcher seconded to approve Ordinance No. 8 (1990) for first reading by title only and set date of July 17, 1990 at 7:00 p.m. for Public Hearing. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Kim, Horcher, MPT/Forbing and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None Interim Ordinance CA/Arczynski introduced Ordinance No. 9 9 (1990) Adopting (1990) entitled: AN ORDINANCE OF THE CITY Interim Zoning COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING Ordinance re AN INTERIM ZONING ORDINANCE PURSUANT TO THE Signs PROVISIONS OF CALIFORNIA GOVERNMENT CODE 65858(a) AND MAKING FINDINGS IN SUPPORT THEREOF. Mr. Joe Larutta, 2546 Sunbright Dr., advised that in 1975, the Diamond Bar Improvement Association attempted to formulate the original open space master plan for the unincorporated area. His concern was for any signage that may be viewed from the freeway and pointed out that the 57 freeway was considered a "scenic route." He asked Council to consider limiting signage and keeping them off the freeways so that Diamond Bar can retain its country atmosphere. Mr. Mark Logan and Mr. Russ Hand spoke in regard to the proposed interim ordinance and their pending application for expansion of D. B. Honda. C/Horcher moved, MPT/Forbing seconded to suspend the agenda and discuss Conditional Use Permit 89528 for Diamond Bar Honda prior to making a decision on the Interim Ordinance. With a vote of -- 4 Ayes and 1 No (C/Papen voting no), the motion passed. RECESS M/Werner recessed the meeting at 8:40 p.m. RECONVENE M/Werner reconvened the meeting at 9:05 p.m. JUNE 19, 1990 PAGE 8 PUBLIC HEARING Conditional Use Acting Planning Director Dennis Tarango gave Permit 89528 a presentation regarding the Conditional Use Diamond Bar Honda Permit and advised that the Planning Commission adopted Resolution No. PC90-8 approving the CUP for development of a rest- aurant, automatic car wash and expansion of the existing Honda dealership. The CUP also reflects two free-standing signs exceeding 6 ft. in height. He further advised that on May 29, 1990, C/Papen submitted an amended appeal based on signage, traffic, landscape, scenic impacts and set -back requirements. C/Papen stated that she would like a require- ment that all properties have 10 ft. set- backs and that landscaping along the 600 ft. of wall be required for this project. She asked whether the project had been before the Architectural Review Committee. She was advised that it had not. Mr. Mark Logan, General Manager, and Mr. Russ Hand, Owner, of Diamond Bar Honda, spoke on behalf of the proposed project. Ms. Sharon Collins, real estate representa- ive with MacDonald's Corp., spoke in regard to the proposed project and introduced the operators of the proposed site, so that each could discuss the benefits to the City. Mr. Mark Brownstein, 636 Eckoff Ave., Orange, spoke on behalf of MacDonald's restaurant and discussed the importance of the sign. M/Werner declared the Public Hearing open. With no testimony being offered, M/Werner closed the Public Hearing. C/Horcher moved, MPT/Forbing seconded to overrule the appeal, sustain the action of the Planning Commission and direct staff to prepare the appropriate resolution for presentation at the next available meeting. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Kim, Horcher and MPT/Forbing NOES: COUNCILMEMBERS - Papen and M/Werner ABSENT: COUNCILMEMBERS - None JUNE 19, 1990 PAGE 9 Interim Ordinance M/Werner then returned discussion to the pro - 9 (1990) posed Interim Ordinance regarding free - Free -Standing standing signs in excess of 6 ft. in height Signs and/or in excess of 35 sq. ft. of sign size. C/Papen moved, C/Kim seconded to adopt the Interim Ordinance. With the following Roll Call vote, Ordinance No. 9 (1990) carried: AYES: COUNCILMEMBERS - Papen, Kim, Horcher MPT/Forbing and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None Resolution 90-61 CM/Van Nort explained that a Public Hearing Establishing must be held in order for the City to estab- Appropriations lish the appropriations limit for Fiscal Year Limit for 1990-91. In addition, the Resolution was FY 1990-91 under protest because the City had not yet received figures from the Census or the County that give our growth projections. M/Werner opened the Public Hearing. With no testimony being offered, M/Werner closed the Hearing. C/Horcher moved, C/Kim seconded to approve Resolution No. 90-61. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Kim, Horcher, MPT/Forbing and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None 1990-91. Asst. City Engineer Bob Morganstern presented Lighting arm the Engineer's Report for Districts 38, 39 Landscap-e-,- and 41 (Lighting and Landscaping Assessment Assessment= Districts) which included the budget, assess - Dist. ment amounts, zone maps and assessable lots. Engineer's R40_rt C/Kim asked if the assessment rate was the same as the prior year and Mr. Morganstern replied that there was an increase in the assessment rate for District 41 due to a miscalculation by the County. However, the total amount is the same as the prior -- year. Following discussion, C/Horcher moved, MPT/ Forbing seconded to approve the 1990-91 Lighting and Landscape Assessment District Engineer's Report. With consensus of Council, the motion passed. JUNE 19, 1990 PAGE 10 Resolution 90-62 Mr. Morganstern then gave a presentation Ordering Maint. regarding approval of maintenance work and Work & Confirming confirming Diagrams and Assessments within Diagrams & the three landscape districts. Assessments LLAD 38, 39 & 41 M/Werner opened the Public Hearing. Mr. Al Rumpilla, 23958 Golden Springs Dr., asked if the Council will be approaching the County or trying to raise assessments in District 38 in the near future. With no further testimony being taken, M/Werner closed the Hearing. Following discussion, staff recommended that the Council form an LLAD Committee and re- evaluate the benefit spread. MPT/Forbing moved, C/Kim seconded to approve Resolution No. 90-62. With the following Roll Call vote, the motion carried: i AYES: COUNCILMEMBERS - Papen, Kim, Horcher, MPT/Forbing and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None ANNOUNCEMENTS: M/Werner moved to adjourn the meeting in memory of Eric Magdaleno who passed away Thursday morning. He was six years old. ADJOURNMENT: With consent of Council, M/Werner adjourned the meeting to Thursday, June 21, 1990 at 7:00 a.m. for the purpose of interviewing solid waste haulers and a Closed session. G.(i _ 4L(A BURGESS City Clerk ATTEST: