HomeMy WebLinkAbout09/03/1991 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
SEPTEMBER 3, 1991
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5:00 P.M. - CLOSED SESSION:
Litigation - Section 54956.9
Personnel - Section 54957.6
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1. CALL TO ORDER: M/Forbing called the meeting to
order at 6:10 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 CM/Van Nort.
ROLL CALL: Mayor Forbing, Mayor Pro Tem Kim,
Councilmen Werner, Nardella and
Papen.
Also present were Robert L. Van
Nort, City Manager; Terrence L.
Belanger, Assistant City Manager;
Andrew V. Arcyznski, City Attorney;
Irwin Kaplan, City Planner Emeritus;
Sid Mousavi, Public Works Director/
City Engineer and Tommye A. Nice,
Deputy City Clerk.
2. COUNCIL COMMENTS: C/Werner announced that the 99th
birthday of the Pledge of Allegiance would be celebrated this
week.
C/Nardella asked staff for a report on publication of hearings
for the General Plan. He thanked everyone for their support
during his recent illness.
3. PUBLIC COMMENTS: Dan Kushmak, 2491 Sunbright Dr.,
suggested installation of a sidewalk between the driveway on
Fountain Springs to the Krikorian Theater due to a visual
obstruction to pedestrians by a block wall. He also suggested
installation of a sidewalk on Brea Canyon Rd. south to Diamond
Bar High School. He then reported that one of his neighbors
appeared to be operating a towing business from his home as
tow trucks deliver cars to the home 24 hours a day and that
people seem to be sleeping in campers in their driveways.
Staff was directed to discuss these matters with Mr. Kushmak.
Larry Smith, 22536 Ridgeline Dr., stated that the crosses
requested by the D.B. Congregational Church should be con-
sidered art work intended to resemble the altar sculpture and
should not be considered a sign. The crosses would be 12 feet
_ in height, constructed of bronze and placed behind the monu-
ment sign. In order to erect the sign, a diseased and dying
tree will need to be removed but the Church would be willing
to replace it with two trees, should the City desire.
SEPTEMBER 3, 1991
PAGE 2
Red Calkins, 240 Eagle Nest Dr., thanked Council, staff and
Charles Janiel for arranging the cleaning of Prospector's Rd.
underneath the freeway.
Al Rumpilla, 23958 Golden Springs Dr., stated that, in his
opinion, M/Forbing had not given the public enough opportunity
to speak at Council meetings.
4. CONSENT CALENDAR: CM/Van Nort announced that another
Concert would be held at Sycamore Canyon Park on September 11,
1991 from 6:00 p.m. to 7:45 p.m. Regarding agenda item 4.12,
he requested that the words "cross -streets" be added in
addition to the numbers regarding placement of block numbers
on bus shelters. In addition, item 4.11 was withdrawn.
C/Nardella requested that Item 4.14 be withdrawn from the
Consent Calendar, and announced that due to his absence from
the meeting of August 20, 1991, he would abstain from voting
on the Minutes for that date.
C/Werner moved, MPT/Kim seconded to approve the Consent
Calendar with the omission of items 4.11 and 4.14 and recog-
nition of C/Nardella's abstention from voting on item 4.2,
Minutes of August 20, 1991. 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
PLANNING COMMISSION - September 9, 1991 - 7:00
p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave.
- Discussion of General Plan.
4.1.2
CITY COUNCIL STUDY SESSION - September 10,
1991 - 6:00 p.m., W.V.U.S.D. Board Room, 880
S. Lemon Ave. - Discussion of General Plan,
Source Reduction & Recycling Element, Policy
re: Council Conduct and Citation Authority.
4.1.3
TRAFFIC & TRANSPORTATION COMMISSION -
September 12, 1991 - 6:30 p.m., Community
Room, 1061 S. Grand Ave.
4.1.4
PARKS & RECREATION COMMISSION - September 12,
1991 - 7:00 p.m., City Hall, 21660 E. Copley
4.1.5
CITY COUNCIL MEETING - September 17, 1991 -
6:00 p.m., W.V.U.S.D. Board Room, 880 S. Lemon
4.1.6
EXTRA CONCERT IN THE PARK - September 11, 1991
- 6 p.m., Sycamore Canyon Park.
4.2 APPROVAL OF MINUTES -
4.2.1 REGULAR MEETING OF AUGUST 20, 1991 - Approved
as submitted.
SEPTEMBER 3, 1991
PAGE 3
4.3
WARRANT
REGISTER - Approved Warrant Register dated
September 3, 1991 in the amount of $507,890.40.
4.4
PARKS &
RECREATION COMM. MINUTES -
4.4.1
REGULAR MEETING OF JULY 25, 1991 - Received and
filed.
4.4.2
REGULAR MEETING OF AUGUST 8, 1991 - Received
and filed.
4.5
TRAFFIC
& TRANSPORTATION COMM. MINUTES -
4.5.1
REGULAR MEETING OF MAY 9, 1991 - Received and
filed.
4.5.2
REGULAR MEETING OF JUNE 13, 1991 - Received
and filed.
4.6
PLANNING COMMISSION MINUTES -
4.6.1
REGULAR MEETING OF JULY 8, 1991 - Received and
filed.
4.6.2
REGULAR MEETING OF JULY 22, 1991 - Received
and filed.
4.7
CLAIMS FOR DAMAGES -
4.7.1
FILED BY NEAL CHARLES AND KATHLEEN DEWITT -
Denied.
4.7.2
FILED BY BENJAMIN KUDON - Denied.
4.8
ACCEPTANCE OF SIGNAL INSTALLATION ON GRAND AVENUE AT
SHOTGUN
LANE - Accepted work performed by Intersection
Maintenance
Service (IMS) and authorized the City Clerk
to file
the proper Notice of Completion.
4.9
BOND REDUCTIONS -
4.9.1
ROAD IMPROVEMENTS - TRACT NO. 31850 - Accepted
work completed in the vicinity of Diamond Bar
Blvd. and Gold Rush Dr. and instructed the
City Clerk to reduce Surety Bond No. 83 SB 100
426 684 and notify all parties.
4.9.2
SANITARY SEWER IMPROVEMENTS - TRACT NO. 42564
- Accepted work completed for Private Contract
No. 10702 and instructed the City Clerk to
reduce Surety Bond No. 83 SB 100 390 297 and
notify all parties.
4.9.3
ROAD IMPROVEMENTS - TRACT NO. 42564 - Accepted
work completed in the vicinity of Golden
Springs Rd. and Diamond Bar Blvd. and
instructed the City Clerk to reduce Surety
Bond No. 83 SB 100 390 300 and notify all
—
parties.
4.10 ADOPTED RESOLUTION NO. 91-57A: A RESOLUTION OF THE
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION
NO. 91-57 APPROVING PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF TRAFFIC SIGNALS AT GRAND AVENUE AND
ROLLING KNOLL ROAD IN SAID CITY AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS.
SEPTEMBER 3, 1991 PAGE 4
4.12 BLOCK NUMBERS ON BUS SHELTERS - Approved installation of
block numbers and cross street names on bus stop shelters
and authorized the City Manager to execute an amendment
to the agreement with Bustop Shelters of California.
4.13 POMONA FREEWAY AT BREA CANYON ROAD WESTBOUND ON/OFF RAMPS
- Authorized the Mayor to enter into a cooperative
agreement with CalTrans specifying terms and conditions
under which the project, consisting of upgrading the
signal system, protected left -turn phasing, restriping
and widening of the on/off ramp at Brea Canyon Rd. and SR
60, is to be engineered, financed and maintained.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
4.11 RESOLUTION NO. 91-60: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING SIGNAGE FOR THE
DIAMOND BAR CONGREGATIONAL CHURCH - Planning Technician
Ann Lungu stated that pursuant to Section "p" of
Resolution 89-82, City Council approval was required
prior to replacement of the existing sign and the new
sign must "not exceed 8 ft. in height measured from the
adjacent grade." The proposed sign measures 3 ft. 6 in.
high with an area of 35 sq. ft. which complies with the
interim ordinance pertaining to free-standing signs. It
will also conform to the new sign ordinance effective
September 20 except for its height. The proposal for two
crosses requests placement behind the concrete monument
sign, one measuring 1213" and the second 913". Follow-
ing discussion, C/Werner moved, C/Papen seconded to
approve the proposal as submitted.
During further discussion, staff was directed to amend
Resolution No. 91-60 by deleting any reference to
"crosses;" thereby approving the monument sign alone with
a permit to be issued for the crosses. With the
following Roll Call vote, motion carried:
AYES: COUNCILMEN - Nardella, Papen, Werner, MPT/Kim,
M/Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
4.14 PREPARATION OF TRES HERMANOS SPECIFIC PLAN - CM/Van Nort
recommended entering into a cooperative agreement with
the Industry Urban -Development Agency for preparation of
Phase 1 of the Tres Hermanos Specific Plan. The
agreement calls for the funds to be deposited with the
City of Diamond Bar as the disbursing agent.
Following discussion, C/Werner moved, C/Papen seconded to
approve execution of an agreement for consulting services
to prepare the Tres Hermanos Specific Plan with the
City's share not to exceed $50,000 and to enter into a
cooperative agreement with the City of Industry for the
SEPTEMBER 3, 1991 PAGE 5
total project. With the following Roll Call vote, motion
carried:
AYES: COUNCILMEN - Nardella, Papen, Werner, MPT/Kim,
M/Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
5. SPECIAL PRESENTATIONS - PROCLAMATIONS, CERTIFICATES, ETC.:
5.1 Don Nardella, President of the Diamond Bar Rotary Club,
presented a check in the amount of $3,367 representing
Rotary's proceeds from concessions during Concerts in the
Park as well as a donation for construction of a perma-
nent concession stand at Carlton J. Peterson Park.
5.2 Presentation of City Tile - M/Forbing presented a City
Tile commending the efforts of Glenda Bona toward the
City's Emergency Preparedness Program. Lydia Plunk
accepted the Tile on her behalf.
6. OLD BUSINESS:
I
-- 6.1 SEPTIC SEWER SYSTEM IN THE COUNTRY - CE/Mousavi stated
that the inconsistency in operation of the 148 septic
tanks in the Country was possibly the result of localized
shallow ground water conditions, shallow bedrock and an
inadequate septic design. Staff had been informed by
property owners that several septic tanks have
overflowed, causing effluence to rise to the ground
surface and create a potential health and environmental
issue. This had not been verified by staff or a
qualified consultant. Two soils and geotechnical
engineering consultant firms were contacted to complete
the study and the cost quoted was approximately $7,000.
He further stated that, due to conflicting vacation
schedules, staff had been unable to determine the number
of property owners experiencing these problems.
C/Papen moved to continue the matter for 60 days until
such time as staff: 1) verifies what has been reported by
individuals, 2) consults the previous geotechnical
reports completed when the homes were constructed or 3)
obtain a written explanation of the nature of the problem
from the person who initiated the issue as well as an
indication of those residents willing to participate in
correcting the situation.
C/Nardella asked that the motion be amended to include
the extent of the problem.
With Council consensus, the matter was continued for 60
to 90 days.
SEPTEMBER 3, 1991 PAGE 6
6.2 ORDINANCE NO. 07 (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 August 6, 1991. ACM/Belanger stated that
the ordinance would modify existing policy, not create
policy, and that the only changes included requiring
written consent from property owners showing permission
to use their property and the distance that arrows can be
safely shot increased from 150 yds. to 250 yds.
The following spoke in opposition to the ordinance:
Joe Dotterer, President, California Bowmen Hunters &
State Archery Association, 4978 Jones Avenue,
Riverside, 92505
John Scruggs, 9813 Greenwood Ct., Fontana, 92335
(distributed a copy of reports regarding
diseases related to ticks)
Scott Alexander, 24165 Willow Creek Rd.
Ernest Brionez, 523 Aldgate Ave., La Puente
John Holland, 1750 Paseo Granada, San Dimas (distributed —
letter from Ronald Holdstock, 1925 Los Cerros Dr.,
also opposing ordinance)
Robert LaRoch, 582 E. Lemon, Glendora
The following spoke in favor of the ordinance:
Red Calkins, 240 Eagle Nest Dr.
Don Gravdahl, 23809 Minnequa
Following discussion, C/Werner moved, C/Nardella seconded
to adopt Ordinance No. 7 (1991) with amendment to the
"safety buffer" distance from 250 to 150 yds.
Following further discussion, CA/Arczynski presented for
consideration by the Council as an urgency ordinance by
title only, Ordinance No. 7 (1991).
With the following Roll Call vote, motion died for lack
of a 4/5 vote:
AYES: COUNCILMEN - Nardella, Werner, M/Forbing
NOES: COUNCILMEN - Papen, MPT/Kim
ABSENT: COUNCILMEN - None
MPT/Kim moved to approve for first reading by title only
Ordinance No. 7 (1991) including the 250 yd. "safety
distance". Motion died for lack of a second.
C/Werner moved, C/Nardella seconded to approve for first
reading by title only Ordinance No. 7 (1991) with
SEPTEMBER 3, 1991
7.
PAGE 7
amendment to the "safety buffer" distance as 150 yds. and
not as an urgency measure.
CA/Arcyznski asked for two motions: 1) waive full reading
of the Ordinance and 2) introduce for first reading by
title only Ordinance No. 7 (1991) entitled: 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.
M/Forbing requested a voice vote in favor of waiving of
full reading. Motion carried unanimously.
With the following Roll Call vote, first reading of
Ordinance No. 7 (1991) was approved:
AYES: COUNCILMEN - Werner, Nardella, M/Forbing
NOES: COUNCILMEN - Papen, MPT/Kim
ABSENT: COUNCILMEN - None
C/Papen asked staff to check with the Department of Fish
and Game regarding regulations requiring written
permission.
NEW BUSINESS:
7.1 COUNCIL POLICY FOR PROVISION OF THE SANE PROGRAM TO
PRIVATE SCHOOLS - ACM/Belanger reported that Mount
Calvary Lutheran School, a private institution, requested
that the SANE Program be provided to students at the
elementary school level. He explained that adding three
classes for Mount Calvary would require no additional
cost to the City and that there cannot be any censorship
or control of the content of the instructional subject
matter, by officials and/or parents of the school.
Following discussion, MPT/moved, C/Nardella seconded to
authorize the City Manager to direct the Los Angeles
County Sheriff's Department to provide the SANE program
to the Mount Calvary Lutheran School pursuant to
established criteria. Motion carried 4 to 1 (C/Werner
voting No. He indicated that he was reluctant to
subsidiz pi.: _;rams for private schools) .
7.2 HERITAGE PARRP BUILDING - ACM/Belanger stated that
architectural proposals were solicited for the project
and '+7ere out for bid at that time. He recommended the
following: (1) direct the Parks and Recreation
Commission to o,onduct community work sessions as a part
of the process for developing the design of the Heritage
Park building improvements; (2) consider participation of
members of local recreation groups and seniors in design
of the facility and (3) direct staff to meet with the
SEPTEMBER 3, 1991 PAGE 8
County to determine whether funding a center is feasible
for the full three-year entitlement (Period 17) which
will allow the City to undertake construction in 1992.
The project is proposed to be paid for utilizing City
General funds, State Park Grant funds and, possibly,
usage of CDBG funds for architectural design and
construction.
Lavinia Rowland, 23945 Highland Valley Rd., asked if the
existing building at Heritage Park was sound and could be
renovated and used for a children's center and business
office, with the new money used for construction of a
senior citizens center, kitchenette and stage.
Frank Dursa, 2533 Harmony Hill Dr., requested an update
on the possibility of constructing a senior center at the
old post office site. He further inquired into the size
of the YMCA location that the seniors are presently
using, what type of transportation would be provided for
seniors to Heritage Park and where are parking facilities
for the park.
C/Nardella responded to Mr. Dursa's questions.
MPT/Kim suggested that the matter be referred to the
Parks and Recreation Commission to conduct a community
work session in order to discuss the matter further.
Following discussion, Council directed staff to follow
the recommendations presented and include the Heritage
Park Council and other interested groups in the
discussions. Council also directed staff to move forward
as recommended.
8. ANNOUNCEMENTS:
MPT/Kim requested that staff investigate the possibility of
forming a Senior Citizens Commission.
C/Nardella reminded everyone of the extra Concert in the Park
on September 11, 1991 at 6:00 p.m.
9. ADJOURNMENT: With no further business to conduct,
M/Forbing adjourned the meeting at 9:22 p.m.
J'0 - a .
TOIL F A. NICs
Deputy Ci . ---y Cl oris
ATTEST:
i
Mayor