HomeMy WebLinkAbout08/06/1991 Minutes - Regular MeetingMINUTES OF REGULAR MEETING
CITY OF DIAMOND BAR
AUGUST 6, 1991
1. CALL TO ORDER: M/Forbing called the meeting to
order at 6:05 p.m. in the Council
Chambers, W.V.U.S.D., 880 S. Lemon
Avenue, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge
of Allegiance by C/Nardella.
ROLL CALL: Mayor Forbing, Mayor Pro Tem Kim,
Councilmen Nardella and Werner.
C/Papen arrived at 6:15 p.m.
Also present were Robert L. Van
Nort, City Manager; Terrence L.
Belanger, Assistant City Manager;
Andrew V. Arczynski, City Attorney;
James DeStefano, Director of
Community Development; Sid Mousavi,
Public Works Director/City Engineer
and Lynda Burgess, City Clerk.
2. COUNCIL COMMENTS: None offered.
3. PUBLIC COMMENTS: Al Rumpilla, 23958 Golden Springs Dr.,
stated that since Mayor Forbing had a conflict of interest
regarding the trash issue, it was inapproriate for him to
chair the recycling and yardwaste discussion at the July 23rd
Study Session. Further, Terry Belanger, Asst. City Manager,
was inattentive to his request for the City Attorney's ruling
on the conflict of interest matter.
CA/Arczynski addressed Mr. Rumpilla's statement regarding the
conflict of interest by saying that the Ordinance discussed
was of a generic nature and had nothing to do with a
particular hauler and does not implicate any potential
conflict of interest on Mr. Forbing's part.
Frank Dursa, 2533 Harmony Hill Dr., questioned the number of
customers Admin. Analyst Troy Butzlaff quoted that were signed
up for recycling by a particular hauler. He also requested
that the hauler explain to their customers that they can put
out more than their 90 or 95 gallon trash container. He
further asked how many trash trucks had been involved in
injury accidents in the City in the past 3 years.
M/Forbing stated that he was referring to damage to the
streets which requires them to be repaired more often due to
the number of trucks on the streets.
Joe Dotterer, President, California Bowmen & State Archery
Assn. requested a continuance of the Ordinance regarding the
shooting of arrows until after August 20, 1991.
M/Forbing stated that per his request, and with Council
concurrence, the matter would be continued to September 3.
AUGUST 6, 1991 PAGE 2
4. CONSENT CALENDAR: CA/Arczynski requested a 4/5 vote of
Council, pursuant to the Brown Act, verifying the need to take
action on proposed item 4.16, allocation of monies to the
Lively Senior Citizens Group, which arose after the agenda was
posted.
MPT/Kim moved, C/Nardella seconded to approve the addition of
Item 4.16 to the agenda. Motion carried unanimously.
C/Papen moved, MPT/Kim seconded to approve the Consent
Calendar with the deletion of Items 4.10 and 4.12 and the
addition of 4.16. With the following Roll Call vote, motion
carried:
AYES: COUNCILMEN - Werner, Nardella, Papen, MPT/Kim, M/
Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
4.1 SCHEDULE OF FUTURE MEETINGS:
4.1.1 TRAFFIC & TRANSPORTATION COMMISSION - August
8, 1991 - 6:30 p.m., Community Room, 1061 S.
Grand Ave.
4.1.2 PARKS & RECREATION COMMISSION - August 8, 1991
- 7:00 p.m., City Hall, 21660 E. Copley Dr.,
Suite 100
4.1.3 PLANNING COMMISSION - August 12, 1991 - 7:00
p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave.
4.1.4 CONCERT IN THE PARK - August 14, 1991 -
"Gershwin to Phantom" - 6:30 p.m. to 8:00
p.m., Sycamore Canyon Park
4.1.5 CITY COUNCIL MEETING - August 20, 1991 - 6:00
p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave.
4.2 APPROVAL OF MINUTES -
4.2.1 Approved Minutes of Regular Meeting of July
16, 1991.
4.2.2 Approved Minutes of Regular Meeting of July
23, 1991.
4.3 WARRANT REGISTER - Approved Warrant Register dated August
6, 1991 in the amount of $735,832.61.
4.4 PLANNING COMMISSION MINUTES - Received & filed Minutes of
June 24, 1991.
4.5 PARKS & RECREATION COMMISSION MINUTES -
4.5.1 Approved Minutes of Regular Meeting of June
27, 1991.
4.5.2 Approved Minutes of Regular Meeting of July
11, 1991
4.6 ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM -
Authorized the City Manager to enter into a contract with
the California Transportation Commission for funding
AUGUST 61 1991 PAGE 3
under the Environmental Enhancement and Mitigation
Program in the amount of $563,000 for planting of
approximately 5,500 trees along the CalTrans
right-of-way, for a 5 -year maintenance program; and
directed staff to implement the project.
4.7 BOND EXONERATION - STREET TREE IMPROVEMENTS - Exonerated
Bond No. 6323230 guaranteeing street tree improvements
for Tract No. 31153 in the amount of $6,560, vicinity of
Diamond Bar Blvd. and Kiowa Crest Dr.
4.8 BOND EXONERATION - ROAD IMPROVEMENTS - Exonerated Bond
No. ASI 100 067 guaranteeing road improvements for Tract
No. 42584 in the amount of $45,400, vicinity of Golden
Springs Dr. and Pomona Freeway.
4.9 AMENDED CONTRACT WITH CITY OF BREA FOR RECREATION
SERVICES - Approved the Supplemental Agreement to the
Recreation Services Agreement to include (3) additional
recreation programs: 1) Summer Tiny Tots, 2) Heritage
Youth Sports and 3) American Explorers with the City of
Brea and authorized and directed the Mayor to execute
said Supplemental Agreement.
4.11 AWARD OF CONTRACT - SIDEWALKS UNDER 60 FWY - Accepted bid
of Nobest, Inc. for construction of sidewalk on Brea
Canyon Road at SR 60 for a total contract of $9,894.40.
4.13 MEMBERSHIP OF BIG BEAR LAKE IN SCJPIA - Approved member-
ship of the City of Big Bear Lake in the SCJPIA and
authorized the Mayor to execute the consent form on
behalf of the City as the City's delegate to the
Authority.
4.14 NOTICE OF COMPLETION - Accepted work performed by Raymor
Electric Company, Inc. for signals installed at the
intersection of Golden Springs Dr. and Sunset Crossing
Rd. and authorized the City Clerk to file the proper
Notice of Completion.
4.15 NOTICE OF COMPLETION - Accepted work performed by
Intersection Maintenance Service (I.M.S.) for the signal
installed at the intersection of Grand Ave. and Shotgun
Ln. and authorized the City Clerk to file the proper
Notice of Completion.
4.16 DIAMOND BAR LIVELY SENIOR CITIZENS - Authorized an allo-
cation of $1,000 to the Diamond Bar Lively Sr. Citizens
for Fiscal Year 1991-92 for organizational expenses.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
4.10 RESOLUTION NO. 90-45C: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES
AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK
AUGUST 6, 1991 PAGE 4
LEAVE, VACATION, LEAVES OF ABSENCES AND OTHER REGULATIONS
- C/Werner spoke in opposition to hiring an
Administrative Assistant and Assistant to the City
Manager and requested that, prior to hiring more staff,
a more complete analysis from the City Manager and the
Department Head as to the position being recruited for,
functions to be performed, outside revenue sources to
help fund the position, and the long range implication on
the budget should be presented to Council.
Following discussion, C/Nardella moved, MPT/Kim seconded
to adopt Resolution No. 90-45C setting forth Personnel
Rules and Regulations regarding payment of salaries, sick
leave, vacation, leaves of absences and other
regulations. With the following Roll Call vote, motion
carried:
AYES: COUNCILMEN - Nardella, Papen, MPT/Kim, M/Forbing
NOES: COUNCILMEN - Werner
ABSENT: COUNCILMEN - None
4.12 LOT LINE ADJUSTMENT - LOTS 44 & 45, TRACT MAP NO. 30578 -
C/Nardella excused himself from voting on this matter due
to a conflict of interest. MPT/Kim moved, C/Papen r
seconded to approve the Lot Line Adjustment for Lots 44
and 45, Tract Map No. 30578, located within R1-20,000
zone, authorized the City Engineer to sign the map and
directed the City Clerk to process it for recordation.
With the following Roll Call vote, motion carried:
AYES: COUNCILMEN - Papen, Werner, MPT/Kim, M/Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
ABSTAIN: COUNCILMEN - Nardella
5. OLD BUSINESS:
5.1 ORDINANCE NO. %8 (1991): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING SECTION
13.66.060 AND REPEALING SECTION 13.66.120 OF CHAPTER
13.66 OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE
ADOPTED, PERTAINING TO THE SHOOTING OF ARROWS AND SIMILAR
PROJECTILES, AND DECLARING THE URGENCY THEREOF
Continued from July 16, 1991.
CA/Arczynski stated that staff had recommended that the
matter be continued to August 20, 1991. However, Mr.
Dotterer, President of the California Bowman & State
Archery Assn, requested that the matter be continued to --
September 3, 1991.
C/Papen stated that in Section 2, the issue being dealt
with is not public safety but property rights. If the
issue is safety, then Council should ban the use of bows
and arrows within City limits or, prohibit their sale.
AUGUST 6, 1991
PAGE 5
issue is safety, then Council should ban the use of bows
and arrows within City limits or, prohibit their sale.
She suggested that the City Attorney limit it to issues
of public safety and not property rights.
6. NEW BUSINESS:
6.1 1991 RANCH FESTIVAL & COMMUNITY INFORMATION
SIGNAGE:
6.1.1 RANCH FESTIVAL - AA/Fritzal reported on the
1991 Ranch Festival to be held September 26 -
29, 1991 which will be located on the same
site as the 1990 Festival and will include a
parade, a 5k/10k run, live entertainment, a
carnival and a business expo. The parade will
begin at Diamond Bar Blvd. and Grand Ave. and
end at the Country Hills Towne Center, where
opening ceremonies will take place.
Jack Grothe, President of the Ranch Festival
Assn., reported that the entertainment will
consist of the following: Wee Five, Johnny
Tillotson, the Shirrells and the Coasters, who
will perform on Saturday and Brian Hyland and
the Diamonds, who will perform twice on
Sunday.
AA/Fritzal stated that the City would like to
have a booth at the Business Expo to display
historical photos and provide information
about the City.
M/Forbing stated that it had been suggested
that Councilmembers plan to be in the City's
booth to meet with the public.
C/Nardella suggested that recreation staff be
available at the booth and that emergency
preparedness handouts be provided.
6.1.2 COMMUNITY INFORMATION SIGNAGE - ACM/Belanger
stated that the Parks & Recreation Commission
recommended purchase and installation of
vertical (utility pole) banner signage
brackets to inform the public of community
events, programs and projects, as well as to
post community decorations related to
patriotic and traditional seasonal holidays.
The cost of each set of vertical brackets is
approximately $40. There would be an
installation cost, which is yet to be
determined. It is estimated that 100 bracket
pairs would be necessary to provide for
vertical banners at selected locations.
AUGUST 6, 1991 PAGE 6
C/Papen suggested that staff look into spanner
banners, and directed staff to see if Edison
would relocate 2 to 3 utility poles to be used
for this purpose.
Following discussion, C/Werner moved, MPT/Rim
seconded to approve $10,000 for purchase and
installation of brackets, with the remainder
of the funds to be used for the purchase of
City -owned holiday banners and to purchase
signs for the Ranch Festival with the cost
being reimbursed by the Festival Assn.
Parks & Recreation Commissioner Garry Stitt,
940-B N. Golden Springs, stated that he
opposed spanner banners and suggested that the
City look into monument signage.
With the following Roll Call vote, motion
carried:
AYES: COUNCILMEN - Werner, Nardella, MPT/
Kim, M/Forbing
NOES: COUNCILMEN - Papen
ABSENT: COUNCILMEN - None
RECESS: M/Forbing recessed the meeting at 7:30 p.m.
RECONVENE: M/Forbing reconvened the meeting at 7:40 p.m.
7. PUBLIC HEARINGS - 7:00 p.m. or as soon thereafter as the
matters can be heard.
7.1 ORDINANCE NO. XX (1991): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THAT
DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT NO. 91-2
(1991) CONCERNING PROPERTY GENERALLY LOCATED AT AND
IDENTIFIED AS 22000 GOLDEN SPRINGS DRIVE, DIAMOND
BAR, CALIFORNIA" AND AUTHORIZING THE MAYOR TO
EXECUTE THE SAME ON BEHALF OF THE CITY OF DIAMOND
BAR - PD/DeStefano reported that the matter was for
consideration of a Development Agreement to permit
a self-service gas station, an automated car wash,
a six bay automotive detail facility, offices for
operations and a freestanding restaurant pad on
property located at 22000 Golden Springs Dr. The
project was continued from a prior meeting to give
the applicants an opportunity to address issues
raised previously.
The applicant, Gary Clapp, 21055 Glenbrook Dr.,
spoke on discussed the issues previously raised.
He introduced his production manager and partner,
Piero Wyems, who helped explain the project.
AUGUST 6, 1991 PAGE 7
Fred Scalzo, proposed owner of the restaurant on
the site, stated that the restaurant would be of
the Marie Callendar-type with prices ranging from
$6.00 - $12.00 with cocktail service. He stated
that he anticipated the restaurant opening in
approximately 3 years.
Paul Wilkinson, principal with Westcott, Long &
Greenspan, addressed issues of circulation and
parking.
Regarding the proposed penalty provision in the
agreement to charge the developer if a restaurant
is not obtained, CA/Arcyznski stated that penalty
clauses have not been inserted in such agreements
in the past. The primary reason for the clause is
that without the penalty clause, the developer
could merely build the car wash and may not
continue to look for a restaurant.
Following discussion, M/Forbing opened the Public
Hearing.
Don Schalk, representing the PRS Group, 27132-B
Paseo Espada, San Juan Capistrano, and representing
Mr. John Brewster, spoke in opposition to the
proposed development.
Frank Schabarum, West Covina, spoke in favor of the
project.
Red Calkins, 240 Eagle Nest, spoke of his concerns
over illegal aliens working at the car wash and
asked the applicant about the selection of
employees.
Mr. Clapp stated that the federal government
prohibits hiring illegal aliens and that they go
through extensive screening when hiring.
With no further testimony offered, M/Forbing closed
the Public Hearing.
CA/Arczynski recommended that the motion be for
first reading by title only of the Ordinance
approving the Development Agreement. The ordinance
contained all required findings with respect to the
negative declaration. As for the Development
^. Agreement, changes would pertain to the u -turn
issue, narrowing of the driveway approach and
paragraph 28. The developer will provide a shadow
left turn lane, subject to final approval by the
City Engineer, erect a community sign to be
reinstalled with Council approval, replace the term
on the first page of the application from "take
AUGUST 6, 1991
PAGE 8
out" to "drive thru" in regard to the restaurant,
delete the first parking space to the right. In
regard to paragraph 28, change the wording of the
first portion of the paragraph to read "shall
annually convey to the 'City without demand, the
amount of $15,000 per year" instead of "a year."
MPT/Kim moved, C/Werner seconded to waive further
reading and approve first reading of Ordinance No.
4 (1991) entitled: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THAT
DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT NO.
91-2(1991) CONCERNING PROPERTY GENERALLY LOCATED
AND IDENTIFIED AS 22000 GOLDEN SPRINGS DRIVE,
DIAMOND BAR, CALIFORNIA" AND AUTHORIZING THE MAYOR
TO EXECUTE THE SAME ON BEHALF OF THE CITY OF
DIAMOND BAR, with amendments as indicated.
Following further discussion, CA/Arczynski asked
that the motion be bifurcated and that the first
motion be to waive full reading of Ordinance No.
4(1991). With a voice vote, the motion carried (5
- 0). The second motion was to accept the document
for first reading and pass to second reading. With
the following Roll Call vote, motion carried:
AYES: COUNCILMEN - Nardella, Papen, Werner,
MPT/Kim, M/Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
RECESS: M/Forbing recessed the meeting at 9:20 p.m.
RECONVENE: M/Forbing reconvened the meeting at 9:40 p.m.
7.2 SIGN ORDINANCE PD/DeStefano stated that the
Planning Commission conducted two meetings during
the month of July to review proposed changes from
the Chamber of Commerce as well as other interested
parties in the community. Regarding wall signs,
the Planning Commission felt that 1 sq. ft. of sign
face for each linear foot frontage was appropriate;
however, the Commission agreed with the Chamber
that the maximum frontage should be 8 to 10 sq. ft.
The Commission reviewed the issue of freestanding
signs for single usage lots and multi -use lots and
concluded that the ordinance should not be amended.
With regard to freeway -oriented signs, the Chamber
was looking at improving the use of freeway
oriented signs for all use categories as opposed to
just food, fuel and lodging, which the Planning
Commission agreed to and changed the ordinance to
indicate that freeway -oriented wall signs would be
permitted regardless of the use. The fourth area
of concern was responsibility for administration of
AUGUST 6, 1991
PAGE 9
the process. The Chamber suggested that a variety
of categories be changed to include Planning
Commission review and approval to City staff review
and approval. The Planning Commission agreed.
M/Forbing opened the Public Hearing.
Fred Scalzo, representing the Chamber of Commerce,
thanked the Council for working with the Chamber on
the sign ordinance. He stated that there were two
issues he wanted to discuss: wall signs and
freestanding signs --two types of uses being single
purpose uses and multi -use shopping centers. As
for freestanding monument signage, it needs to be
larger than 24 sq. ft. on sign face and raised
higher than 6 ft.
Frank Cho, owner of a small shopping center at
Fountain Springs Rd. and Diamond Bar Blvd. stated
that the center will house 10 businesses and that
24 sq. ft. of signage is unacceptable.
Bret Granlynd, representing Young Electric Sign
_ Co., Ontario, reviewed the sign ordinance and felt
that the ordinance was good; however, there was
still room for changes and creativity.
Brian Roberts, co-owner of a new business in
Diamond Bar, stated that it is important to be able
to advertise and requested that Council support the
ordinance and amendments.
With no further testimony offered, M/Forbing closed
the Public Hearing.
C/Nardella asked how "temporary holiday lighting"
on Page 13, section BBB, relates to section 108 B7
on page 18. Further, he requested a description of
what the sign applies to. Regarding the maximum
height of government flags on Page 15, insert the
word "pole" if this section refers to pole height.
Section 114D, "animals or human beings live or
simulated," may require clarification to encompass
all costumes. On Page 27 Bla, starting off with
"not more than two signs" add a comma after signs
and after "square feet." Also add a comma after
the word "sign" and a comma after the word "square
feet" so that it is not more than one sign at the
_ intersection of local streets.
FollawiAj discussion, C/Werner moved, MPT/Kim
seconded to approve for first reading by title only
Gidina=ice No. 5(1991) entitled: AN ORDINANCE OF
TtPi CIT -Y COUNCIL OF THE CITY OF DIAMOND BAR ADDING
A ITEW CHAPTER 22.66 OF DIVISION 1 OF TITLE 22 AND
AUGUST 6, 1991
PAGE 10
REPEALING BOTH ORDINANCE 9 (1990) AS AMENDED AND
CERTAIN PROVISIONS OF THE LOS ANGELES COUNTY CODE
AS HERETOFORE ADOPTED PERTAINING TO THE REGULATION
OF SIGNAGE IN THE CITY OF DIAMOND BAR, with
amendments.
With the following Roll Call vote, motion carried:
AYES: COUNCILMEN - Papen, Werner, Nardella,
MPT/Kim, M/Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
7.3 RESOLUTION 91-43A: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AMENDING THE
APPROPRIATIONS LIMIT FOR FISCAL YEAR 1991-92 FOR
THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE
PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE
CALIFORNIA GOVERNMENT CODE, UNDER PROTEST - CM/Van
Nort stated that due to an error in the calculation
in the initial appropriations limit, the City's
auditors recommended that the Council amend the
limit at this time.
M/Forbing opened the Public Hearing.
With no testimony offered, M/Forbing closed the
Public Hearing.
C/Werner moved, MPT/Kim seconded to adopt
Resolution No. 91-43A amending the protested Fiscal
Year 91-92 Appropriations Limit. With the
following Roll Call vote, motion carried:
AYES: COUNCILMEN - Nardella, Papen, Werner,
MPT/Kim, M/Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
8. ANNOUNCEMENTS: None
9. CLOSED SESSION: To discuss Litigation (Government Code
Section 54956.9) and Personnel (Government Code Section 54957.6) -
not held.
10. ADJOURNMENT: With no further business to conduct, M/Forbing
adjourned the meeting at 11:32 p.m.
AT
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Mayor