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HomeMy WebLinkAbout08/20/1991 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 20, 1991 1 ------------------------------------------------------------------ 4:00 P.M. - AQMD CONSTRUCTION SITE TOUR 5:00 P.M. - CLOSED SESSION - Litigation (Government Code Section 54956.9) and Personnel (Government Code Section 54957.6). ----------------------------------------------------------- 1. CALL TO ORDER: M/Forbing called the meeting to order at 6:07 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 MPT/Kim. ROLL CALL: Mayor Forbing, Mayor Pro Tem Kim, Councilmen Papen and Werner. Councilman Nardella was excused. Also present were Robert L. Van Nort, City Manager; Terrence L. Belanger, Assistant City Manager; William P. Curley III, Deputy 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 both C/Papen and C/Nardella are currently seeking re-election, they should not be permitted to be present in the City booth at the Ranch Festival nor should they be permitted to ride in the parade. He understood that the Ranch Festival Committee had informed other candidates that they could not ride in the parade because Festival by-laws state that the event is not to be used for politics. Red Calkins, 240 Eagle Nest Dr., complained that motorists constantly drop litter under the freeway overpass on Prospectors from Golden Springs and requested that CalTrans be notified to regularly clean up the area. CM/Van Nort directed Parks & Maintenance Director Charles Janiel to speak with Mr. Calkins on this matter. i 4. CONSENT CALENDAR: CM/Van Nort announced that the Traffic & Transportation Commission would conduct a special meeting on August 28, 1991 at 6:30 p.m., at City Hall. C/Werner moved, MPT/Kim seconded to approve the Consent Calendar. With the following Roll Call vote, motion carried: AUGUST 20, 1991 PAGE 2 AYES: COUNCILMEN - Werner, Papen, MPT/Kim, M/Forbing NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Nardella 4.1 SCHEDULE OF FUTURE MEETINGS: 4.1.1 PARKS & RECREATION COMMISSION - August 22, 1991 - 7:00 p.m., Community Room, 1061 S. Grand Ave. 4.1.2 PLANNING COMMISSION - August 26, 1991 - 7:00 P.M. - W.V.U.S.D. Board Room, 880 S. Lemon Ave. 4.1.3 FINAL CONCERT IN THE PARK FOR 1991 - August 28, 1991 - "Mississippi Mudders" - 6:30 p.m. to 8:00 p.m., Sycamore Canyon Park 4.1.4 LABOR DAY HOLIDAY - CITY HALL OFFICES CLOSED - Monday, September 2, 1991 4.1.5 CITY COUNCIL MEETING - September 3, 1991 - 6:00 p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave. 4.1.6 TRAFFIC & TRANSPORTATION COMMISSION - Special Meeting August 28, 1991 - 6:30 p.m. - City Hall, 21660 E. Copley Dr., Suite 100 and September 12, 1991 - 6:30 p.m. - Community Room, 1061 S. Grand Ave. 4.2 APPROVAL OF MINUTES - Approved Minutes of Regular Meeting of August 6, 1991. 4.3 WARRANT REGISTER - Approved Warrant Register dated August 20, 1991 in the amount of $82,593.14. 4.4 APPROVED TREASURER'S REPORT - Month of June, 1991. 4.5 REGULATIONS & NEW FORMATS FOR CITY COUNCIL AGENDA REPORTS - Approved regulations & new formats for City Council Agenda Reports. 5. PRESENTATIONS: 5.1 STATUS REPORT REGARDING BANNER SIGNS - Parks & Maintenance Director Janiel reported that the Council expressed a desire to promote the 1991 Ranch' Festival and authorized staff to assist them in the purchase of pole -mounted vertical banners. The Festival would then reimburse the City through its proceeds. Staff met with the Ranch Festival Committee to discuss the City's offer; however, the Committee declined the offer due to a lack of time before the Festival opens to give the matter .., serious consideration. The Committee requested that pole -mounted vertical banners not be installed for this year's Festival. He further stated that staff will proceed with purchase of the hardware for the upcoming holiday season. AUGUST 20, 1991 RN PAGE 3 CM/Van Nort stated that Mr. Imhoff of Southern California Edison had indicated a willingness to work with the City on installation and placement of poles for spanner banners. ACM/Belanger stated that Mr. Imhoff had also committed to looking at using cabling connected to power poles. C/Papen stated that, for the record, she was opposed to spending $10,000 in this manner and did not support it. 5.2 CERTIFICATES OF RECOGNITION - M/Forbing presented the following members of the D.H. High School Girls Dance Team with Certificates of Recognition for winning the World Championship Dance competition: Denise McElrea, Michelle Buckwalter, Sunshine Delgadillo, Heather Forshay, Melissa Garcia, Amy Hestlow, Sundee Camdar, Becky Lin, Lisa McCabe, Melissa Ortiz, Nicole Scott, Noell Scott, Colleen Scott, Tracy Sinclair, Carrie Patton and Doreen Pina. OLD BUSINESS: 6.1 SECOND READING ORDINANCE NO. 4 (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 - CDD/DeStefano stated that Ordinance No. 4 (1991) was presented on August 6, 1991 for approval of a Development Agreement for construction of an automated car wash, detail facility and restaurant located at 22000 Golden Springs Dr. The Ordinance was amended to reflect Council comments and amendments to conditions and sections in the Agreement. He further indicated that correspondence from the applicant had recently been received outlining concerns expressed by the landowner. Gary Clapp, the applicant, stated that the concerns expressed by the landowner, Mr. Arciero, had been resolved. On motion by C/Werner, seconded by MPT/Kim, Ordinance No. 4 (1991) was approved for Second Reading by title only. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Papen, Werner, MPT/Kim, M/Forbing NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Nardella 6.2 POLITICAL SIGN ENFORCEMENT POLICY - CDD/DeStefano stated that on July 23, Council reviewed a rough draft of a political sign ordinance to address a variety of problems AUGUST 20, 1991 PAGE 4 that had surfaced in previous elections. Staff was 1 directed to refer the draft ordinance to the Planning Commission for review and report. A Planning Commission Public Hearing was scheduled for August 26, 1991. Staff was further directed to prepare an enforcement policy to guide candidates as well as code enforcement staff for this year's election. The draft enforcement policy, which outlines the existing L.A. County Sign Code and the sign code approved for First Reading at the August 6 meeting, was open for Council consideration. A briefing statement for candidates had also been prepared to explain the background of the policy and the general restrictions contained within the existing ordinance as well as the ordinance that would become effective September 20. The following spoke in opposition to the enforcement policy: Jim Paul, 1269 Ahtena Dr. Al Rumpilla, 23958 Golden Springs Dr. Frank Dursa, 2533 Harmony Hill Dr. Darrell Holder, 23419 E. Kidd, stated that he was a member of the Committee supporting Proposition E and that their signs had been taken down by the City due to one complaint. Red Calkins, 240 Eagle Nest Dr., stated that on August 6, he pulled down the last sign supporting Prop E and believed that having it up that long is uncalled for. Clair Harmony asked how much it would cost to enforce the policy and what the penalties are. Tom Ortiz, 3333 Hawkwood, presented a written request asking that the matter be continued until after the November 5, 1991 election. Following discussion, C/Papen moved, M/Forbing seconded to approve the political sign enforcement policy. Motion carried unanimously (C/Nardella absent). RECESS: M/Forbing recessed the meeting at 8:00 p.m. RECONVENE: M/Forbing reconvened the meeting at 8:10 p.m. 6.3 RESOLUTION NO. 91-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING REQUIREMENTS AND STANDARDS RELATING TO THE SEPARATE COLLECTION OF RECYCLABLE MATERIALS FROM RESIDENCES, COMMERCIAL PREMISES, AND INSTITUTIONS WITHIN THE CITY OF DIAMOND BAR - Admin. Analyst Troy Butzlaff stated that a revised document establishing requirements and standards for separate collection of recyclables had been prepared and AUGUST 20, 1991 PAGE 5 that the document incorporated policy issues discussed at the meeting of July 23. Pursuant to Council direction, policy issues included mandatory separation of recyclable materials from refuse or other forms of solid waste, co -mingling collection of materials and contracting for collection. The following spoke in opposition to the Resolution: Al Rumpilla, 23958 Golden Springs Dr. Frank Dursa, 2533 Harmony Hill Dr. Red Calkins, 240 Eagle Nest Dr. Dennis Chiappeta, General Manager, Community Disposal, encouraged Council to prequalify bidders should they decide to contract for collection services and then award to the lowest bidder. He suggested that the City not use an RFQ or RFP format. Al Simonian, representing Western Waste Industries, stated that adoption of the resolution would not interfere with discussions held by the Council and that they could come back at another time and address whether or not collection would be based on a permit system or contract system. He reported on recycled materials picked up monthly. Following discussion, M/Forbing suggested adding "or permits with existing haulers" to Section 1.1.0 "Collection Contract" of Exhibit "A" of the Resolution, second sentence beginning with "enter into an exclusive contract," which would leave the matter open for further discussion. AA/Butzlaff stated that several haulers were concerned regarding the minimum 3 cubic yard standard for recycling bins and recommended that it be eliminated and wording added to reflect "a minimum of 3 cubic yards" in Section 1.5.4. C/Papen moved, C/Werner seconded to adopt Resolution No. 91-59 as amended. Motion carried unanimously (C/Nardella absent). 7. NEW BUSINESS: 7.1 ORDINANCE NO. 6 (1991) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING THE ENTIRETY OF TITLE 27 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND ADDING A NEW TITLE 27 ADOPTING, BY REFERENCE, THE $,NATIONAL ELECTRICAL CODE," 1990 EDITION, WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS, INCLUDING FEES AND PENALTIES - DCA/Curley stated that this matter was to bring the City into compliance with the new Code adopted by the State. AUGUST 20, 1991 PAGE 6 MPT/Kim moved, C/Papen seconded to approve First Reading by title only, waive further reading of Ordinance No. 6 (1991) and schedule a Public Hearing and Second Reading for September 17, 1991. Motion carried unanimously (C/Nardella absent). 8. PIIBLIC BEARINGS - 7:00 p.m. or as soon thereafter as the matters can be heard. 8.1 CONTINUED PIIBLIC BEARING AND SECOND READING OF ORDINANCE NO. 5 (1991) AND CONSIDERATION OF ORDINANCE NO. 5A (1991) - Following discussion, C/Papen moved, M/Forbing seconded to waive further reading and adopt Ordinance 5 (1991) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADDING A NEW CHAPTER 22.66 TO DIVISION 1 OF TITLE 22 AND 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 the following Roll Call vote, motion carried: AYES: COUNCILMEN - Papen, MPT/Kim, M/Forbing NOES: COUNCILMEN - Werner ABSENT: COUNCILMEN - Nardella Al Rumpilla stated that he felt that Item D on Page 31, "Animals, or human beings, live or simulated, designed or used so as to attract attention to the premises" should be deleted. Further, he felt that item N should also be deleted since it may hurt small business. He expressed opposition to the entire ordinance. M/Forbing appointed C/Papen and C/Nardella to a sub- committee for review of freestanding signs and MPT/Kim and C/Werner to review political/ temporary signs for inclusion in the ordinance as an Exhibit. Following discussion, C/Papen moved, M/Forbing seconded to continue First Reading of Ordinance 5A (1991) to October 1, 1991 and set for Public Hearing. Motion carried by a vote to 3 to 1 (C/Werner voting No and C/Nardella absent). C/Werner stated that he voted No on Ordinance 5 because he disagreed with the provisions dealing with campaign and/or temporary signs and his vote was not a reflection of any dissatisfaction with the efforts of the Chamber. 9. ANNOUNCEMENTS: C/Werner directed staff to contact CalTrans to discuss the litter problems on the 60 freeway and under the overpass on Prospectors as requested by Mr. Calkins. C/Papen announced a Public Hearing to be held by CalTrans regarding expansion of the 60 freeway by adding two lanes from the L.A. County border east of Diamond Bar in San Bernardino AUGUST 20, 1991 PAGE 7 r - j County. She requested that staff review the proposal and see if CalTrans had done anything to interface and mitigate the resultant traffic congestion. 11. ADJOURNMENT: With no further business to conduct, M/Forbing adjourned the meeting at 9:11 P.M. ( � Z� 6, � (- ���� LYNDA BURGESS, City Clerk _ ATTEST: Mayor