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Home My WebLink About10/06/1992 Minutes - Adj. Regular MeetigMINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 1992 1. CLOSED SESSION: 5:00 P.M. Litigation - Government Code 54956.9 Personnel - Government Code 54957.6 No reportable action taken. 2. CALL TO ORDER: M/Kim called the regular meeting to order at 6:05 p.m. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Kim. ROLL CALL: Mayor Kim, Mayor Pro Tem Papen, Councilmen Forbing and Miller. Councilmen Werner was absent (excused). Also present were Terrence L. Belanger, City Manager; Andrew V. Arczynski, City Attorney; George Wentz, Interim City Engineer; James DeStefano, Community Development Director; Bob Rose, Community Services Director; and Lynda Burgess, City Clerk. 3. PUBLIC COMMENTS: None offered. 4. COUNCIL COMMENTS: C/Miller, in response to a letter received from Mr. Al Rumpilla addressing a comment made by C/Miller several years ago regarding the requirement for the public to pay for excessive number of copies for City items, explained that his comment was not intended to imply that he thought Mr. Rumpilla would take anything out of City Hall without permission. MPT/Papen, regarding an article in the "Gazette" on September 19th which stated that one of the Councilmen had initiated a tax initiative, pointed out that the article was incorrect. She announced that AB181 which would limit cities' liability for disposal of household waste, was vetoed by the Governor and requested that M/Kim fax a letter to all Assemblymen and Senators urging them to support Assemblywoman Tanner's efforts in overriding the veto. She also requested that, in view of SB1559, staff consider asking LAFCO to make D.B.'s Sphere of Influence contiguous with current City boundaries. 5. CONSENT CALENDAR: M/Rim requested that item 5.9 be withdrawn from the Consent Calendar. C/Miller moved, seconded by C/Forbing to approve items 5.1 through 5.9 and 5.10 of the Consent Calendar. By the following Roll Call vote, motion carried (MPT/Papen abstained from voting on approval of Council Minutes of August 25, 1992): AYES: COUNCILMEN: Forbing, Miller, MPT/Papen, M/Kim NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Werner OCTOBER 6, 1992 PAGE 2 5.1 SCHEDULE OF FUTURE EVENTS: 5.1.1 Traffic & Transportation Commission - October 8, 1992 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.1.2 Planning Commission - October 12, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.3 City Council Meeting - October 20. 1992 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 APPROVAL OF MINUTES 5.2.1 Regular Meeting of August 18, 1992 - Approved as submitted. 5.2.1 Adjourned Regular Meeting of August 25, 1992 - Approved as submitted (MPT/Papen abstained) 5.3 WARRANT REGISTER - Adopted the following Minute Order entitled: Warrant Register - October 6, 1992 in the amount of $721,034.86. 5.4 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Received and filed Minutes of Regular Meeting of August 13, 1992. 5.5 PARKS & RECREATION COMMISSION MINUTES - -- 5.5.1 Meeting of July 23, 1992 - Received & filed. 5.5.2 Meeting of August 27, 1992 - Received & filed. 5.5.3 Meeting of September 10, 1992 - Received & filed. 5.6 CLAIM FOR DAMAGES - Filed by Bruce Wallace September 1, 1992 - Rejected request and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 5.7 NOTICE OF COMPLETION - Adopted the following Minute Order entitled: Golden Springs/Sylvan Glen Drainage System, Notice of Completion. Accepted work performed by Excel Paving Company in the amount of $29,956.50 completed August 19, 1992 and authorized City Clerk to file Notice of Completion. 5.8 LOT LINE ADJUSTMENT - Adopted the following Minute Order entitled: Lot Line Adjustment, Parcels 10 & 11, Parcel Map 18722, 2747 Diamond Bar Blvd - Approved Adjustment for construction of a SpeeDee Oil Change and Tune-up, authorized the Interim City Engineer to sign the amended map and directed City Clerk to process the adjustment for recordation. 5.10 BOND RELEASE FOR SURVEY MONUMENTS - Adopted the following Minute Order entitled: Tract 47722, release of $10,000 bond, survey monuments. Approved release of subdivision bond for Diamond Knoll project by Piermarini related to setting of survey monuments. OCTOBER 6, 1992 PAGE 3 MATTERS WITHDRAWN FROM CONSENT CALENDAR: 5.9 LOT LINE ADJUSTMENT - Adopted the following Minute Order entitled: Lot Line Adjustment, Parcel 1 of Map 15375 and Parcel 1 of Map 2151, 3302 S. Diamond Bar Blvd. Motion by C/Miller, seconded by C/Forbing to approve Lot Line Adjustment for construction of an Arco AM/PM Mini - Mart, authorized the Interim City Engineer to sign the map and directed City Clerk to process the adjustment for recordation. AYES: COUNCILMEN - Forbing, Miller, MPT/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Werner ABSTAIN: COUNCILMEN - M/Kim 6. SPECIAL PRESENTATIONS, CERTIFICATES, ETC: 6.1 Proclaimed October 1992 as "Escrow Month" - Presented by MPT/Papen. 6.2 Proclaimed October 16-18, 1992 as "Anniversary of World Summit For Children" - Presented by C/Miller. 7. OLD BUSINESS: 7.1 SEWER FEASIBILITY STUDY FOR "THE COUNTRY" - Following a report given by ICE/Wentz, C/Miller requested: 1) that the introduction of the report be changed to give the proper description of the acreage in "The Country"; 2) that staff investigate if the meeting could be held in the Board Room in "The Country"; 3) that staff prepare a report presenting the main differences between alterna- tives 2 and 3. It was moved by C/Miller, seconded by MPT/Papen, to direct staff to attempt the petition process, conduct a community workshop, accept the feasibility study, and to bring the issue back to Council at the first available date. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Forbing, Miller, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Werner 7.2 RESOLUTION NO. 92-55: AUTHORIZING PAYMENT OF A REWARD FOR INFORMATION LEADING TO THE CONVICTION OF GRAFFITI INSCRIBERS. Red Calkins, 240 Eagle Nest Dr., expressed support for adoption of this resolution. OCTOBER 6, 1992 PAGE 4 It was moved by C/Miller, seconded by C/Forbing to adopt Resolution 92-55. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Miller, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Werner C/Miller requested that staff notify schools of the reward program with a suggestion that notice be published in their newsletters as well as the next City newsletter. 7.3 REHABILITATION OF GRAND AVE. FROM THE EASTERLY CITY LIMIT TO GOLDEN SPRINGS DR. MPT/Papen announced that the project is being funded through the settlement with San Bernardino County regarding Grand Ave. It was moved by C/Forbing and seconded by C/Miller to award a design services contract to Dwight French & Associates in an amount not to exceed $45,700.00 plus a contingency fund of $5,000 dollars. By the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Werner 7.4 AWARD OF CONTRACT FOR CONSTRUCTION OF HERITAGE PARK COMMUNITY CENTER - Following discussion, it was moved by C/Forbing, seconded by C/Miller to consider Clayton Engineering the lowest responsible bidder and award a contract for construction of the Heritage Park Community Building to Clayton Engineering the amount of $657,400 dollars. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Miller, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Werner 8. NEW BUSINESS: 8.1 INTERIM ORDINANCE NO. 5 (1992): ADOPTING AN INTERIM ZONING ORDINANCE PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE 65858 (A) - M/Kim stated that he had received a letter from Max Maxwell requesting continuance of agenda items 8.1 and 9.2. OCTOBER 6, 1992 PAGE 5 Max Maxwell stated that, because he has not had a sufficient amount of time to review the Interim Ordinance, and because there is a lawsuit pending on November 2, 1992 regarding the Referendum and a request for a temporary restraining order on major developments in the City, these items should be removed from the agenda. CA/Arczynski stated that the litigation filed included an ex -party application for a temporary restraining order to stop the City from issuing any building permits under the new General Plan for any purpose. It does not address only major developments but all building permits under the new General Plan, approved by Resolution 92-44. Futtllermore, there is no hearing scheduled for November 2,-1"2 at this time. Following discussion, the City Council concurred that, since the Interim Ordinance is more restrictive, there is no reason to delay action on this item. On motion made by C/Miller, seconded by MPT/Papen, Interim Ordinance No. 5(1992) 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 65858(a) AND MAKING FINDINGS IN SUPPORT THEREOF was adopted. By the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Werner 9. PUBLIC HEARING: 9.1 ZONING CODE AMENDMENT 92-2 (HILLSIDE MANAGEMENT ORDINANCE (HMO), ORD. NO. 14, 1991) AND ZONING CODE AMENDMENT 92-3 (COMMERCIAL -MANUFACTURING (CM) ZONE, ORD. NO. 15, 1992) - CM/Belanger reported that, because revisions to the draft ordinances are scheduled for Planning Commission Public Hearing on October 12, 1992, these Ordinances are not ready for City Councils Public Hearing. He recommended that the scheduled Public Hearing on these matters be continued to October 20, 1992, at 7:00 p.m. Max Maxwell stated that the public is not receiving information on upcoming items in a timely manner to allow adequate time for review before the City Council meeting. By consensus, the City Council agreed to continue these matters to October 20, 1992. OCTOBER 6, 1992 PAGE 6 10. ANNOUNCEMENTS: MPT/Papen requested that the public be informed as to the outcome of SB1718. CM/Belanger stated that the Governor had signed SB1718, which will provide the Pomona Unified School District, through operation of law, a school site, to be located in the northern portion of the Tres Hermanos Ranch, for the proposed high school. 11. ADJOURNMENT: With no further business to conduct, M/Kim adjourned the meeting at 7:20 p.m. L DA BURGESS, Cit-y-tlerk