HomeMy WebLinkAbout10/16/1990 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
OCTOBER 16, 1990
STUDY SESSION
Disaster CM/Van Nort stated that the Council had expressed
Preparedness concern regarding Emergency Preparedness and noted
that this session was scheduled to hear from local
representatives regarding the issue.
Assistant Fire Chief Lee gave a brief report on
the Fire Department's emergency plan as well as
the County -wide disaster plan and stated that
during the first 72 hours following large magni-
tude disasters, the City may be strapped for fire/
rescue resources and that local fire stations
would probably be responsible for coordinating
rescue efforts here.
Sgt. Morris, with the L.A. County Sheriff's
Department, Walnut Sub -station, outlined their
emergency plans.
Mr. Jerry Roach, CEO for Area "D," made a presen-
tation regarding Area "D"s responsibility to the
City in the event of an emergency and stated that
the City will most likely be on its own in the
event of a major disaster. He indicated that the
City needs to have its own disaster plan.
REGULAR MEETING
CALL TO ORDER: M/Werner called the meeting to order at 6:09 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 Paul Horcher.
ROLL CALL: Mayor Werner, Mayor Pro Tem Forbing, Councilmen
Papen, Horcher, and Kim.
Also present were City Manager Robert L. Van Nort,
City Attorney Andrew V. Arczynski, Assistant City
Manager Terrence L. Belanger, Planning Director
James DeStefano, Interim Planner Irwin Kaplan,
City Engineer Ronald Kranzer and City Clerk Lynda
Burgess.
COUNCIL COMMENTS: C/Papen congratulated everyone involved in the
Diamond Bar Ranch Festival. In addition, she
requested that either the Sheriff's Department or
Fire Department comment on the fact that during
the fire on October 9th, there were reports of
citizens not cooperating with law enforcement
officers.
M/Werner also commended those involved in the
Ranch Festival.
OCTOBER 16, 1990 PAGE 2
PUBLIC COMMENTS: Lt. Michael Muravez of the Walnut Sheriff
Station spoke regarding the fire on October
9, 1990 and indicated that the only problems
encountered were with traffic in and around
the area.
M/Werner requested that the following letter
be read into the Minutes:
"ECLIPSE INFORMATION SYSTEMS
1859 MORNING CANYON ROAD
DIAMOND BAR, CA 91765
(714) 680-2887 FAX #(714) 396-0111
October 3, 1990
Ms. L. Burgess, City Clerk
City of Diamond Bar
21600 E. Copley Drive, Suite 100
Diamond Bar, CA 91765
Ms. Burgess:
As per our conversation, Eclipse Information
Systems and/or Michael Goldenberg has never
in the past, nor is presently involved in any
financial arrangements or ownership with the
computer supplier Re -Mark Computers.
Furthermore it has never been my intent to
prejudice either the City Administration or
the City officials to favor one vendor over
another. My company happens to use Re -Mark
Computers as one of its many suppliers, some
of which are presently doing business with
the City of Diamond Bar.
In reviewing the videotape of the Council
meeting of October 2, 1990, I was shocked to
hear the unfounded allegations of
Councilperson Horcher and the remarks
directed at me. If he has "grave concern"
over my wanting to ensure that the City not
acquire equipment that they are not qualified
or trained to use, then let him ask me
directly. Or does he have his own "special
interests"7
The lack of explanation regarding my involve-
ment was also a surprise. In a meeting with
the City Manager, Assistant City Manager and
the City Clerk, all the information needed
for a reply was extended at that time.
OCTOBER 16, 1990 PAGE 3
I
It was also very disappointing to not have the
support of three members of the City Council with
whom I have had personal conversations regarding
the acquisition of additional computer equipment.
As you know, I have made a commitment to the City
Administration to supply computer systems and
computer software on loan until an analysis of the
planned Network had been fully explored. I have
also been willing to provide assistance and
instruction whenever requested. However I find it
very difficult to live up to this commitment with
Mr. Horcher's vilification of my character and
business ethics.
If I have not received a personal letter of
apology from Councilperson Horcher within 10 days
from this date, I feel justified in reviewing my
commitment and my intention to live up to it.
Yours very truly,
Mike Goldenberg"
CONSENT CALENDAR: C/Kim moved, seconded by MPT/Forbing to approve
j the Consent Calendar. Motion carried by the
following Roll Call vote:
AYES: COUNCILMEMBERS - Papen, Kim, Horcher,
MPT/Forbing, M/Werner
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - None
Schedule Future A. October 22, 1990 - Planning Commission -
Meetings 7 p.m. - W.V.U.S.D. Board Room - 880 S. Lemon
Ave.
B. October 25, 1990 - Parks and Recreation
Commission - 6:30 p.m. - Community Room -
1061 S. Grand Ave.
C. October 30, 1990 - City Council/Chamber of
Commerce Retreat re Economic Development - 3
p.m. to 8 p.m. - location to be determined
D. November 13, 1990 - Adjourned Regular
Meeting/Joint Meeting City Council/All
Commission & Committees re Capital
Improvements Projects and Solid Waste
Franchise - 3 p.m. to 6 p.m. - W.V.U.S.D.
Board Room - 880 S. Lemon Ave.
Minutes Approved Minutes of Strategic Planning Workshop of
C September 27, 1990 and Regular Council Meeting of
October 2, 1990.
OCTOBER 16, 1990
PAGE 4
Warrant Register
Approved amended Warrant Register dated
Designation of
October 16, 1990 in the amount of
LACTC & Involve-
$247,796.52.
Treasurer's
Approved Treasurer's Report for the months of
Report
July (revised) and August, 1990.
Planning Comm.
Received and filed Planning Commission
Minutes
Minutes of March 26, April 9 & April 23,
Resolution 90-85
1990.
Parks & Rec.
Received and filed Parks & Recreation
Comm. Minutes
Commission Minutes of April 26, May 10 & May
Heritage Park
24, 1990.
Resolution 90-84
Adopted Resolution No. 90 - 84 entitled: A
Requesting Bd. of
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Supervisors to
DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD
Accept Transfer
OF SUPERVISORS OF THE LOS ANGELES COUNTY
& Conveyance of
FLOOD CONTROL DISTRICT OF THE STATE OF
Storm Drain Imps.
CALIFORNIA TO ACCEPT ON BEHALF OF SAID
Priv. Drain #2100
DISTRICT A TRANSFER AND CONVEYANCE OF STORM
Committee
DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO.
2100 IN THE CITY OF DIAMOND BAR FOR FUTURE
OPERATION, MAINTENANCE, REPAIR AND
IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND
CONVEYANCE THEREOF.
Resolution 90-72A
Adopted Resolution No. 90 - 72A entitled: A
Acknowledging
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Designation of
DIAMOND BAR ACKNOWLEDGING THE DESIGNATION OF
LACTC & Involve-
THE LOS ANGELES COUNTY TRANSPORTATION
ment of SCAG in
COMMISSION AND THE INVOLVEMENT OF THE SAN
Development of
GABRIEL VALLEY ASSOCIATION OF CITIES IN THE
Congestion Mgmt.
DEVELOPMENT OF THE CONGESTION MANAGEMENT PLAN
Plan (CMP)
(CMP) FOR THE SAN GABRIEL VALLEY.
Resolution 90-85
Adopted Resolution No. 90 - 85 entitled: A
Supporting Repeal
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
of SB 2557
DIAMOND BAR SUPPORTING THE REPEAL OF SB 2557.
Heritage Park
Authorized Mayor to enter into an agreement
Telephone
with GTE for a public telephone at Heritage
Park for outgoing calls only and directed
that the 15% revenues returned by GTE be
deposited into the Recreation Fund.
Election of
Directed delegate to vote for slate of
SLAG Officers
officers recommended in letter dated '--
& Executive
September 28, 1990 from San Gabriel Valley
Committee
Association of Cities.
OCTOBER 16, 1990
PAGE 6
MPT/Forbing moved, C/Papen seconded to waive full
reading of Ordinance No. 13 (1990). Motion
carried by the following Roll Call vote:
AYES: COUNCILMEMBERS - Kim, Horcher, Papen,
MPT/Forbing, M/Werner
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - None
MPT/Forbing moved, C/Papen seconded to approve for
first reading Ordinance No. 13 (1990). Motion
carried by the following Roll Call vote:
C/Papen moved, MPT/Forbing seconded to waive full
reading and adopt Ordinance No. 25B (1989). With
the following Roll Call vote, the motion carried:
AYES: COUNCILMEMBERS - Horcher, Kim, Papen,
MPT/Forbing, M/Werner
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - None
AYES: COUNCILMEMBERS - Papen, Kim, MPT/Forbing
NOES: COUNCILMEMBERS - Horcher, M/Werner
ABSENT: COUNCILMEMBERS - None
Ordinance 24A
CA/Arczynski presented for second reading by
(1989) Amending
title only and adoption, Ordinance No. 24A
Ordinance 24
(1989) entitled: AN ORDINANCE OF THE CITY
(1989) Parks
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING
& Recreation
ORDINANCE NO. 24 (1989) CONCERNING THE PARKS
Commission
AND RECREATION COMMISSION. —
C/Papen moved, MPT/Forbing seconded to waive full
reading and adopt Ordinance No. 24A (1989). With
the following Roll Call vote, the motion carried:
AYES: COUNCILMEMBERS - Horcher, Kim, Papen,
MPT/Forbing, M/Werner
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - None
Ordinance 25B
CA/Arczynski presented for second reading by
(1989) Amending
title only and adoption Ordinance No. 25B
Ordinance 25
(1989) entitled: AN ORDINANCE OF THE CITY
& 25A (1989) Re
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING
Planning
ORDINANCE NOS. 25 (1989) AND 25A (1989)
Commission
CONCERNING THE PLANNING COMMISSION.
C/Papen moved, MPT/Forbing seconded to waive full
reading and adopt Ordinance No. 25B (1989). With
the following Roll Call vote, the motion carried:
AYES: COUNCILMEMBERS - Horcher, Kim, Papen,
MPT/Forbing, M/Werner
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - None
OCTOBER 16, 1990
PAGE 7
Ordinance 28A CA/Arczynski presented for second reading by
(1989) Amending title only and adoption Ordinance No. 28A
Ordinance 28 (1989) entitled: AN ORDINANCE OF THE CITY
(1989) Re Traffic COUNCIL OF THE CITY OF DIAMOND BAR AMENDING
& Transportation ORDINANCE NO. 28 (1989) CONCERNING THE TRAFFIC
Commission AND TRANSPORTATION COMMISSION.
C/Papen moved, MPT/Forbing seconded to waive full
reading and adopt Ordinance No. 28A (1989). With
the following Roll Call vote, the motion carried:
AYES: COUNCILMEMBERS - Horcher, Kim, Papen,
MPT/Forbing, M/Werner
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - None
Emergency CM/Van Nort reported that staff had met with
Preparedness members of the community on how to deal with
emergency preparedness and recommended consider-
ing development of a "Diamond Bar" approach to
preparedness which would include establishment of
a 15 member citizen committee entitled "Diamond
Bar Emergency Preparedness Committee." The
Committee's goals would be to develop a program to
educate the community; develop, research and
coordinate with Sheriff, Fire and Area "D"
Coordinator to determine whether or not an
Emergency Preparedness Commission is appropriate;
direct the City Attorney to develop an Ordinance
establishing an Emergency Preparedness Commission
which would include a member of the City Council;
authorize expenditure not to exceed $5,000, sub-
ject to purchasing procedures, to promote emer-
gency preparedness within the Community and report
back to the Council within 6 months as to the
status of the above.
Mr. Charles Majus spoke regarding Emergency
Preparedness and the committee previously
established.
Following discussion, staff was directed to pre-
pare a formal report to establish a Committee
along with the necessary documentation for Council
action.
NEW BUSINESS:
Request for No CE/Kranzer stated that opening the median on Grand
U -Turn - Grand Grand Ave. for a left -turn lane into "The Country"
Ave. at should alleviate the problem of u -turns being made
Countryview at Grand and Countryview.
OCTOBER 16, 1990 PAGE 8
Mrs. Louise Leyva, 23862 Countryview Dr.,
spoke regarding said u -turns and requested
construction of sound walls in the area due
to increased traffic noise on Grand Ave. She
presented a video tape demonstrating the
current noise levels.
RECESS M/Werner recessed the meeting at 7:50 p.m.
RECONVENE M/Werner reconvened the meeting at 8:00 p.m.
Ordinance 14 (1990)
Interim Planner Kaplan presented a proposal
Adopting Interim
for an interim ordinance pertaining to hill -
Zoning Ordinance
side development and stated that design con -
Pursuant to Gov't.
trols were needed to regulate 1) drainage
Code Section
techniques, 2) protection of vistas, groves
65858(a)
and public areas, 3) height and location of
retaining walls, 4) placement and design of
streets consistent with hillside character,
5) placement of houses and 6) establishment
of landscape character, vegetation and
irrigation. The objectives of the Ordinance
are to: 1) articulate a clear development
policy, 2) provide clear standards and
guidelines for evaluation of projects, 3) err
on the side of the conservative until a
general plan is adopted and 4) be relatively
easy to administer.
Following discussion, MPT/Forbing requested
that this item be tabled until the end of the
meeting so that staff could develop a
recommendation as to how to proceed.
Secondary left- CE/Ron Kranzer made a presentation recommend -
turn lane on ing installation of a secondary left -turn
Grand Ave. at lane on Grand Ave. at Diamond Bar Blvd. by
Diamond Bar Blvd. restriping and adding or modifying loops, at
an approximate cost of $10,000. He further
recommended that staff begin negotiations
with the adjacent shopping center owners
regarding implementation of driveway modifi-
cations and proceed with designs regarding
the reconstruction of medians.
MPT/Forbing requested that "No Parking" signs
be placed on Grand Ave.
Mrs. Louise Leyva, 23862 Countryview, spoke
regarding the left turn signal on Grand Ave.
at Diamond Bar Blvd. and the traffic back-up
that exists. She requested consideration of
changing the signal timing to help alleviate
OCTOBER 16, 1990 PAGIE 9
MPT/Forbing moved, C/Kim seconded to a) install
double left -turn pockets on Grand Ave. at Diamond
Bar Blvd., b) instruct staff to begin negotiations
w/adjacent shopping center owners regarding
implementation of driveway modifications, c)
proceed with designs regarding reconstruction of
medians and d) that "No Parking" signs be
installed on both sides of the entire length of
Grand Ave.
MPT/Forbing moved, C/Kim seconded to modify the
original motion to only approve installation of
the double left -turn pockets on Grand Ave. at
Diamond Bar Blvd and installation of "No Parking"
signs on both sides of Grand Ave. With consensus
of Council, the motion carried.
Staff was directed to prepare a report on the
feasibility of "no parking" on Grand Ave. or, in
the alternative, survey parking conditions and
proceed with the City Engineer's recommendations.
PUBLIC HEARING:
I r --
I Resolution 89-97C CM/Van Nort stated that this amendment was to
Amending Conflict add the positions of Assistant City Manager,
of Interest Code City Engineer and Associate Planner as desig-
for Designated nated employees for purposes of filing City
Personnel Conflict of Interest Statements.
M/Werner opened the Public Hearing.
With no testimony being offered, M/Werner closed
the Public Hearing.
C/Horcher moved, C/Papen seconded to adopt
Resolution No. 89-97C entitled: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR
DESIGNATED CITY PERSONNEL. With consensus of
Council, the motion carried.
Ordinance 14 CA/Arczynski presented proposed wording for (1990)
Cont'd..) two additional paragraphs to be inserted on Page 9
of Ordinance No. 14 (1990), Exhibit "A," Provision
E (Hillside Management Standards Guidelines) to
read: "Exceptions to the standards specified
herein may be approved pursuant to the conditional
use permit process when the approving agency
determines that such exceptions are not
mater- ially injurious to the intent of the
j standard and guidelines set forth herein. In
granting any such exception the approving agency
shall set forth appropriate findings specifying
the facts support- ing its determination."
OCTOBER 16, 1990 PAGE 10
Dr. Dan Buffington, 2605 Indian Creek, stated j
his concerns regarding the Ordinance.
Mr. Al LoPeter, 23955 Ridgeline, also
expressed concern over adoption of this
Ordinance.
Mr. Al Dayton stated his current projects in
Diamond Bar would not be able to proceed
should the Ordinance be adopted.
MPT/Forbing stated that he believed that the
Ordinance needed to be voted on and that the
Planning Department should work with local
engineers to produce a workable, permanent
ordinance that meets the needs of the
community.
MPT/Forbing moved, C/Papen seconded to
approve Ordinance No. 14 (1990) adopting the
Interim Hillside Management Ordinance with
amended wording. With the following Roll
Call vote, the motion carried:
AYES: COUNCILMEMBERS - Papen, Kim,
Horcher, MPT/
Forbing, M/Werner
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - None
Ordinance 15 Planning Director James DeStefano stated that
(1990) Adopting the primary purpose of the proposed ordinance
Interim Zoning is to determine which land uses are appro-
Ordinance Pursuant priate within the commercial manufacturing
to Gov't. Code zone. This would remove service and all
Section 65858(a) assembly and manufacturing uses and focus on
obtaining sales tax generators, such as
retail uses.
CA/Arczynski presented for first reading, by
title only, Ordinance No. 15 (1990) entitled:
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 SECTION 65858(a)
AND MAKING FINDINGS IN SUPPORT THEREOF.
MPT/Forbing moved, C/Papen seconded to adopt
Ordinance No. 15, 1990. With the following ---
Roll Call vote, the motion carried:
OCTOBER 16, 1990 PAGE 11
AYES: COUNCILMEMBERS - Kim, Horcher, Papen,
MPT/Forbing, M/Werner
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - None
CLOSED SESSION: M/Werner adjourned the meeting to Closed Session
at 9:45 p.m.
RECONVENE: Following Closed Session, the City Attorney was
authorized to settle the claim of Richards, Watson
& Gershon in an amount not to exceed $14,920.41.
ADJOURNMENT: There being no further business, at 10:05 p.m.,
M/Werner adjourned the meeting to November 6, 1990
at 6:00 p.m.
LYNDA BURGESS
City Clerk
ATTEST:
i
ayor