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HomeMy WebLinkAbout10/05/1993 Minutes - Regular Meeting1. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 5, 1993 CLOSED SESSION: 5:00 p.m. A. Litigation - Government Code Section 54956.9 1. City of Diamond Bar v. County of Los Angeles 2. Diamond Bar Associates v. City of Diamond Bar 3. Diamond Bar Citizens v. City Clerk B. Personnel - Government Code Section 54957.6 No reportable action taken. CALL TO ORDER: M/Miller called the meeting to order at 6:20 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Audience was led in the Pledge of Allegiance by Mayor Miller. INVOCATION: The Invocation was presented by Reverend Randy Lanthripe of Church of the Valley. ROLL CALL: Mayor Miller, Councilmen Werner, Forbing and MacBride. Mayor Pro Tem Papen was excused. Also present were Terrence L. Belanger, City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bob Rose, Community Development Director and City Clerk Lynda Burgess. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 3.1 CERTIFICATE OF RECOGNITION - M/Miller presented Davis Paul with a Certificate of Recognition for saving the life of his cousin Tatum Paul. Anne Stephens, representing Supervisor Deanne Dana, presented Davis Paul with a plaque. 3.2 CITY TILES TO "CITY ONLINE" VOLUNTEERS AND LOCAL VENDORS - M/Miller presented City Tiles to the following "City On Line" volunteers: Albertson Food Center; Advanced Data Systems; Casa O'Brien; Fields Pianos and Organs; Krikorian Premier Theatre; Oak Tree Lanes; Pizza Hut; Pomona Valley Mining Company; Ralphs Grocery; The Whole Enchilada; Xavier Florists; David Allen; Nick and Patty Anis; Robert Chamberlain; Robert E. Doss; Alvin Evangilista; Kenneth A. Green; Jerry Green; Joel Halley; Allan Garret; James Pew; Lance Ross; Michael Simons; David Tenant; Joel Winters and Jim DeFriend. OCTOBER 5, 1993 PAGE 2 4. SCHEDULE OF FUTURE EVENTS: 4.1 PLANNING COMMISSION - October 11, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.2 TRAFFIC & TRANSPORTATION COMMISSION - October 14, 1993 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 4.3 CITY COUNCIL MEETING - October 19, 1993 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.4 DIAMOND RANCH HIGH SCHOOL SYMBOLIC GROUND BREAKING - October 10, 1993 - 1:00 to 4:00 `p.m., Peterson Park. 5. PUBLIC COMMENTS: Red Calkins, 240 Eagle Nest Dr., inquired as to who is paying for the two police officers utilized to direct the traffic on Sunday at the inter- section of Golden Spgs. and Grand Ave., generated by Calvary Chapel. Max Maxwell, 3211 Bent Twig Ln., stated that the Citizens to Protect Country Living would be conducting private interviews with all candidates in the November 2, 1993 City Council election. He inquired into the City Clerk's instructions in regard to referendum matters and requested that the Clerk be required to resign. He further requested copies of the appropriate documents from M/Miller relating to any possible conflict- of interest in the South Pointe Master Plan. F; John Nobles, Jr., 13426 Tedemory, commended the quick a professional action of Sheriff's Deputies, Paramedics an' citizen Nick Anis for their immediate response to the accident which occurred on September 24, 1993 at 5:00 p.m. at the main entrance of the Country Hills Shopping Center. John Healy, 23041 Aspen Knoll Dr., referring to expendi- tures relating to the General Plan, asked what consti- tutes outside professional services. He questioned why the Council utilized outside legal counsel in addition to the City Attorney. Jeff Nelson, 23051 Rio Lobos Rd., questioned the compe- tency of the City Attorney, City Clerk and City Council regarding referendum matters. Oscar Law, 21511 Pathfinder Rd., stated that the members of the City Council are elected to represent the citizens. Nick Anis, 1125 Bramford Ct., in defense of the City Clerk, stated that it is doubtful that any city clerk in any city would accept a petition that doesn't fulfil the legal requirements. The City Council's obligation is to OCTOBER 5, 1993 PAGE 3 do what is best for the entire community, not just a handful of residents. 8. PUBLIC HEARINGS: 8.1 RESOLUTION NO. 93-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA DETERMINING THAT UNDERGROUNDING, IN THE SPECIFIED AREA, IS IN THE GENERAL PUBLIC INTEREST AND ESTABLISHING THE DIAMOND BAR BOULEVARD UNDERGROUND UTILITY DISTRICT NO. 2 - ICE/Wentz reported that this relates to a proposed project to underground utility lines between Temple Ave. and Gold Rush Dr. Only three properties seem to be impacted by having to convert their meters from above -ground type service to underground service within this section. Per the Council's direction, staff investigated possible funding sources to assist the three prop- erty owners to pay the approximately $2,000 cost per property. At this point, no funding sources have been identified as feasible and the only possible source might be for the City to provide a loan to the property owners. The estimated cost of the project is $790,000, of which all but approxi- mately $6,000 will be funded from Rule 20A monies available through Southern California Edison (SCE). He recommended adoption of a Resolution establish- ing Diamond Bar Blvd. Underground Utility District No. 2. M/Miller opened the Public Hearing. Frank Dursa expressed surprise that the business community had not responded to this proposed measure. ICE/Wentz explained that the monies are provided through SCE and there is no cost to the businesses for proceeding with this project. The maximum cost for conversion is $6,000 for all three properties. The property owners have been notified of the costs. Max Maxwell expressed concern that the $2,000 cost per resident may create a hardship for those families. Perhaps the undergrounding can be postponed until the economy improves. CM/Belanger explained that the funds, established by the Public Utilities Commission (PUC) for the purpose of advancing safety and aesthetic issues throughout the State, can only be expended for this purpose. Staff has indicated to the residents that the City will work with them in trying to accom- modate them as this project is put into place. OCTOBER 5, 1993 PAGE 4 Edgar Harrison, one of the affected property owners, stated that he supports the undergrounding for aesthetic reasons. In response to C/Werner, he clarified that he is not one of the property owners that must pay the $2,000. With no further testimony offered, M/Miller closed the Public Hearing. C/Werner noted that the staff report indicates that environmental impacts have not been assessed. CA/Arcyznski stated that staff will insert the categorical exemption into the document before it is finalized. C/Werner asked if traffic disruption and impact to businesses had been considered. He also inquired of the kind of loans to be considered for the three property owners. ICE/Wentz stated that, as the actual construction time nears, staff will be coordinating the project with the businesses to try to mitigate any inter- ruptions that may be caused. Staff will make every effort to keep traffic access open to each of the properties. He estimated that there will be about a 6 -month construction period for the phased project. The level of detail on the kind of loans to be provided has not yet been fully considered. Staff will provide options for Council considera- tion well in advance of when the cost will be incurred. C/MacBride moved, C/Forbing seconded to adopt Resolution No. 93-71 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DETERMINING THAT UNDERGROUNDING, IN THE SPECIFIED AREA, IS IN THE GENERAL PUBLIC INTEREST AND ESTABLISHING THE DIAMOND BAR BOULEVARD UNDERGROUND UTILITY DISTRICT NO. 2, with the understanding that existing and new utility distri- bution facilities will be placed underground, that each property served will have installed necessary private facilities for underground services, and the utility will be authorized to discontinue its overhead service. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - MacBride, Forbing, Werner, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - MPT/Papen 8.2 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING OCTOBER 5, 1993 PAGE 5 TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8 AND OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT NO. 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 92-3; TENTATIVE TRACT MAP NO. 51253 AND CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO. 92-9; THE SOUTH POINTE MASTER PLAN AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 - M/Miller excused himself from discussion of this item due to a potential conflict of interest. CA/Arczynski stated that it is staff's recommenda- tion that the public hearing be continued to November 16, 1993. C/Forbing opened the Public Hearing. Horace Schmidtke, 1635 Morning Sun, expressed opposition to allowing the project to access Morning Sun because it would increase traffic, endangering the children and pedestrians. Max Maxwell submitted a 21 -page letter written by Don Schad to the City Council. He suggested that the developers be asked to make a full presentation at the next scheduled Public Hearing. Also, the issue of the EIR needs to be further addressed, as does the letter from the Department of Fish and Game. Mr. Kim, 1704 Morning Sun, presented pictures illustrating how poorly the subject property is being maintained by the property owners, which has damaged his drains and eroded his rear slope. The developers have not yet repaired the damage. Jan Dabney, 671 Brea Canyon Rd., consultant for RnP, stated that, as a good neighbor policy, an emergency repair was done on the drain to protect the subdivision against the historical sheet flows that run across the property. The ditch, and the sole maintenance belongs to Mr. Kim, according to recorded documents and the recorded maintenance agreement. He requested to see the pictures, and verify the date taken, when those pictures are submitted to the City Clerk. C/Forbing continued the Public Hearing to November 16, 1993. 5. PUBLIC COMMENTS (Cont'd.) Barbara Beach-Courchesne stated that it is the desire of the citizens of D.B. to control growth, to maintain the country living atmosphere and to seek traffic congestion mitigation without signi- ficant effects on the environment. The Council needs to listen to and respond to the will of the people. Three OCTOBER 5, 1993 PAGE 6 successful lawsuits underscore the fact that concerned citizens are acting appropriately in exercising their constitutional rights in the City. George Barrett, 1883 Shaded Wood Rd. expressed opposition to Mr. Anis' view points. Ken Anderson, 2628 Rising Star Dr., complained that the software diskette distributed during the City On Line presentation was mostly shareware, with only a half page of information about City On Line. Also, as it currently stands, the software will not operate without a VGA monitor. In regard to comments made by Mr. Anis, he pointed out that the size of the group does not matter as much as the intent of the people and their desires to make the City into the preferred image. Frank Dursa inquired as to why an outside law firm was hired to provide representation on the referendum. He then questioned the appropriateness of Mr. Bruce Flamenbaum, a Planning Commissioner, thus a City employee, of representing M/Miller on lawsuits involving the Citizens to Protect Country Living. Mr. Flamenbaum should be asked to resign due to a conflict of interest. 6. COUNCIL COMMENTS: C/MacBride announced that the City has been working diligently to set up a program for a neighborhood emergency action team for first aid, damage assessment, safety and security, sheltering, search and rescue, special needs and equipment. The City is in need of mobile equipment with a radio to commun- icate with the outside world if isolated by a tremendous catastrophic event. CM/Belanger stated that the City is engaged in several plans related to disaster preparedness. Money has been budgeted to purchase a Mobile EOC to provide an emergency operation response in the event of a catastrophic natural disaster. An emergency preparedness plan is in its final preparation stages and will be presented to City Council and the community upon completion. C/Forbing requested staff to prepare a Proclamation thanking the City of Industry for donating the land to the PUSD for Diamond Ranch High School, to be presented to them at the October 10, 1993 community celebration. In response to some of the comments made during Public Comment, he read an editorial from Sunday's Inland Valley Daily Bulletin expressing concern that a few citizens are _- filing lawsuits every time the Council takes an action they disagree on. C/Werner, in regard to a meeting that took place with the City Council and the Chamber of Commerce, suggested that staff take the precaution of properly noticing the OCTOBER 5, 1993 PAGE 7 public, even though it was not a Brown Act requirement in that situation, so that members of that Council are not inhibited in any way of talking and participating in the discussion. M/Miller, in response to an inquiry made by Mr. Calkins, explained that the Sheriffs are paid for by Calvary Chapel to handle traffic control until that intersection can be upgraded at a later date. In response to Max Maxwell, he stated that the City Clerk makes her own decisions in the capacity of her position and does not confer with the City Council or administrative staff. If there are any legal questions, she would most likely contact appropriate legal counsel. He then clarified that the General Plan of July 27, 1993 is still in effect. The official order signed by the judge has not been received on the second referendum petition. In response to Mr. Dursa, he explained that Mr. Flamenbaum is not a paid City employee, but, as a Planning Commissioner, receives a stipend for his services. CM/Belanger clarified that the traffic services at Calvary Chapel are required as a condition of a CUP and must continue as long as that church continues to operate on that property. In regard to the City Clerk's respon- sibility regarding the referendum, he explained that the City Clerk can only communicate with legal counsel in her decision-making process and that her decision is minis- terial and must follow the letter of the law. Only the court can exercise discretion. In regard to the concern of two separate legal counsels appearing on the referen- dum pleading, he explained that the City retained the firm of Richards, Watson and Gershon, at the commencement of the preparation of the second draft General Plan and final General Plan,for their advice in its preparation as well as for litigation services. In response to C/Werner's concern regarding the Chamber meeting, he stated that he was led to believe that the meeting was not a public meeting and that issues were not going to be discussed that would involve a breach of the Brown Act. Staff will ensure that the exact nature of the meeting will be known beforehand so that the City Council and the general public is appropriately protected. CA/Arczynski explained that it is his law firm that represents the City as City Attorney. 7. CONSENT CALENDAR: CA/Arczynski noted that the — Minutes of September 14, 1993 should be amended to accurately reflect that both M/Miller and C/Werner were absent. 7.1 APPROVAL OF MINUTES: 7.1.1 Regular meeting of September 7, 1993 - OCTOBER 5, 1993 PAGE 8 Approved as submitted. 7.1.2 Adjourned regular meeting of September 14, 1993 - South Pointe Master Plan - Approved as submitted. 7.2 WARRANT REGISTER - Approved Warrant Register dated October 5, 1993 in the amount of $548,641.44. 7.3 MEMBERSHIP OF HIDDEN HILLS IN SCJPIA - Approved membership of the City of Hidden Hills in the SCJPIA and authorized C/Forbing to execute the consent form as the City's delegate to the Authority. 7.4 CLAIM FOR DAMAGES - Filed by Korenne Offenbecher, August 10, 1993 - Rejected request and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 7.5 BOND EXONERATIONS: 7.5.1 PAVING SURETY BOND POSTED FOR TRACT 42534 (MONTEFINO CONDOMINIUM COMPLEX) - Approved exoneration of Bond No. OC300752 for paving private streets at Porto Grande, Estoril Dr. and Bodega Way in the amount of $111,500. 7.5.2 PAVING SURETY BOND POSTED FOR TRACT 42533 (MONTEFINO CONDOMINIUM COMPLEX) - Approved exoneration of Surety Bond No. OC300865 for paving of Estoril Dr. (private street) in the amount of $85,850. 7.5.3 GRADING SURETY BOND POSTED FOR TRACT 42535 (MONTEFINO CONDOMINIUM COMPLEX) - Approved exoneration of Surety Bond No. OC300453 posted for grading of Building Nos. 44065 inclusive, on Chardonnay Ave. in the amount of $7,000. 7.5.4 PAVING SURETY BOND POSTED FOR TRACT 36741 (MONTEFINO CONDOMINIUM COMPLEX) - Approved exoneration of Surety Bond No. 5293514 posted for paving of Bodega Way and Colombard Ln. (private streets) in the amount of $118,000. 7.5.5 STORM DRAIN BOND FOR PRIVATE DRAIN NOS. 1813 AND 2061 ON TRACT 42535, CONSTRUCTED BY PRESLEY OF SOUTHERN CALIFORNIA - Approved exoneration of Surety Bond No. OC300530 posted for Storm Drain Nos. 1813 and 2061 in the amount of $194,000. OCTOBER 5, 1993 PAGE 9 7.5.6 GRADING SURETY BOND POSTED FOR 2452 ALAMO HEIGHTS - Approved exoneration of Surety Bond No. 3 SM 719 269 00 posted for grading in the amount of $4,460. 7.5.7 SURETY BOND POSTED FOR GRADING AT 2638 BLAZE TRAIL DR. - Approved exoneration of Surety Bond No. P2500423 in the amount of $8,622. 7.5.8 GENERAL INSPECTION SURETY BOND POSTED FOR TRACT 36741 (MONTEFINO CONDOMINIUM COMPLEX) - Exonerated Surety Bond No. 6322839 posted for general inspection of Bodega Way and Colombard Ln. (private streets) in the amount of $10,000. 7.6 ADOPTED RESOLUTION NO. 93-72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE COUNTY OF LOS ANGELES TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1813 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. 7.7 APPROVED AMENDMENT TO AGREEMENT WITH CHARLES ABBOTT ASSOCIATES, INC. FOR THE ADMINISTRATION OF THE CITY'S SOLID WASTE PERMIT SYSTEM AND TO ASSIST IN THE COORDINATION OF AB 939 RELATED ACTIVITIES DURING FISCAL YEAR 1993-94. 9. OLD BUSINESS: 9.1 DRAFT REQUEST FOR PROPOSAL - ECONOMIC DEVELOPMENT ACTION PLAN AND IMPLEMENTATION (RETENTION/ ATTRACTION) - With consensus of Council, staff was directed to proceed with the RFP, correcting any typographical errors. 9.2 LEYLAND DRIVE ENCROACHMENTS - CM/Belanger stated that residents on Leyland Dr. have constructed improvements within the existing right-of-way easement. He recommended that staff be directed to identify any encroachments that may violate applicable codes and ordinances and that action be taken to mitigate violations. Any encroachments that are not in violation would be allowed to remain. ICE/Wentz explained that when the tract maps were approved by the County prior to the City's incor- poration, a public easement was given to the City OCTOBER 5, 1993 PAGE.10 for improvement and utility purposes. The City Attorney indicated that maintaining the dedicated easement is preferable to fee ownership and as long as no particular ordinances or codes have been violated, the improvements could be constructed within the parkway since they are technically owned by the adjacent property owners. However, since that easement belongs to the City and there are utilities within that easement, all those improve- ments are being installed at homeowners, own risk and may have to be removed if, for example, a utility company needed to replace a line. Priscilla MacCareg stated that it was recommended by the City Engineer a couple of months ago that they either remove the wall that they were con- structing on the easement, or obtain a $1,000,000 liability insurance policy. She expressed concern that not all homeowners will be required to obtain this insurance. ICE/Wentz explained that, prior to the knowledge that the dedicated easement was not a fee owner- ship, staff expressed concern to the property owner regarding potential liability to the City if an accident occurred because of that wall. The resident was also asking for a variance in terms of the height of the wall within the easement area. It was suggested that either there needs to be some protection in terms of liability or, since the wall was only partially constructed, relocate the wall further back. The pilasters and stairs within the right-of-way area were allowed to remain. As a result, the property owner relocated the wall further back. Staff will meet with Ms. MacCareg to discuss the issue further, if so desired. C/MacBride requested staff to clarify if property owners will need to obtain insurance liability. CA/Arczynski explained that, at the time, the City did not have the face sheet of the map available for review, and the tract map itself appeared to show that the City had fee title. If the City had fee title, the standard City policies for encroach- ments would be to require licenses and insurance policies. However, since it has been determined that the City does not have fee title, insurance is a non -issue at this juncture. It was the consensus of Council to direct staff to identify any encroachments that may violate applic- able codes and ordinances and that action be taken to mitigate violations. Any encroachments that are not in violation would be allowed to remain. OCTOBER 5, 1993 PAGE 11 9.3 RESOLUTION NO. 93-73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MODIFYING A 112 -HOUR PARKING, 7:00 A.M.-6:00 P.M." PARKING RESTRICTION TO A "NO STOPPING, 6-8:00 A.M. & 4-6:00 P.M., EXCEPT SATURDAY AND SUNDAY" SUPPLEMENTED WITH A 112 -HOUR PARKING, 8:00 A.M.-4:00 P.M., EXCEPT SATURDAY AND SUNDAY" RESTRICTION, RED CURBING ON THE SOUTH SIDE OF PATHFINDER ROAD BETWEEN SR 57 OFF -RAMP AND BREA CANYON ROAD - ICE/ Wentz reported that the owner of the building expressed concern related to parking during the construction of Pathfinder Bridge, as well as parking after the construction is completed. The current parking condition provides angled parking in front of those businesses with a two-hour restriction between 7:00 a.m. and 6:00 p.m. It was indicated to the prop- erty owner that the angled parking would need to be eliminated, but that an attempt would be made to try and maintain as many parallel parking spaces in front of the businesses as possible. The Traffic & Transportation Commission recommended a signing and painting program. He recommended approval of a design to include a right -turn lane at Brea Canyon road from eastbound Pathfinder Road. M/Miller expressed concern that limiting parking to 2 hours between the hours of 8:00 a.m. and 4:00 p.m. would restrict the use of employee parking in front of the building. C/Forbing pointed out that the entrances to several of the offices are directly on Pathfinder, and if parking isn't limited, then customers will not have a place to park. Employees don't need to park in front of those offices. ICE/Wentz stated that the primary purpose for limiting parking was to assure that visitors of the businesses had readily -available parking spaces to conduct business. Employees could use the other parking areas on the site. There is currently a 2 -hour parking restriction. Terry Rhinehart, Rhinehart Management Company, submitted a petition signed by 2/3 of the tenants requesting more parking spaces, opposing the 2 -hour parking restriction and the "No Stopping At Any Time" sign. Five spaces in the front of the building and two in front of the Chevron Gas Station are needed, for a total of 7 spaces, one space for each of the offices facing Pathfinder. Shelley Urban stated that parking has always been a major problem at the building. All employees of the businesses within the Center should be allowed OCTOBER 5, 1993 PAGE 12 to park in front of the building. Fred Scalzo, a member of the Chamber of Commerce, pointed out that, because the County was much more lenient in their parking requirements, the Center was built with inadequate parking, and the off-site parking was considered as though it were a parking lot for that center. For this reason, the Council should lift the restrictions on the parking for the Center. The- survival of that center and the businesses within the center require employee and customer access. The businesses in the Center should be the ones to determine how to solve customer parking. Mr. Rhinehart expressed concern regarding enforce- ment of the parking restriction and noted that employees can't park at Denney's because they will get ticketed. He questioned if the Pathfinder Bridge was properly constructed because it eliminates existing parking spaces. C/Werner pointed out that removing the 2 -hour parking limitation would allow anyone to park there, including students from the high school or motorists not conducting business at the center. C/Forbing stated that if parking is not restricted, eventually the businesses in the center will complain because there will be no parking available for customers. Mr. Rhinehart, after listening to the reasoning of the Council, stated that he would prefer the 2 -hour parking limitation even though 2/3 of the busi- nesses of the center want the 2 -hour restriction removed. ICE/Wentz indicated that Mr. Rhinehart had orig- inally expressed a preference for the 2 -hour parking restriction so that there would be parking available to transient traffic. Though there is currently a 2 -hour restriction, enforcement generally has not been an issue, and mainly those parking on the street have been observed to be employees. The parking design was discussed with Mr. Rhinehart when the Pathfinder Bridge was originally initiated. Upon observation of the center's parking lot, it was suggested to Mr. -- Rhinehart that possible modifications to the on-site parking configuration be considered to increase the number of parking spaces. The center currently has approximately 108 parking spaces. Staff's recommendation is based upon staff's desire to maintain as much of a compromise as possible for OCTOBER 5, 1993 PAGE 13 that on -street parking. C/Werner suggested that the property manager and the tenants try to organize a plan for the on-site parking configuration. Regardless of whether there is a 2 -hour restriction or not, there is no way for the City to resolve the 108 parking space demand, even with the on -street parking as it exists today. Though the parking configuration was approved by the County for the development of that property, it must be noted that the County was perhaps short- sighted in their planning for the property, creat- ing the consequences now suffered by the City, the businesses and the owner. He supported retaining the 2 -hour parking restriction as preferred by the property owner. M/Miller pointed out that it would be easier to first try the parking without the 2 -hour restric- tion, and then, if unsuccessful, a restriction can be implemented. C/Werner moved, C/Forbing seconded to accept staff's recommendation to retain the 2- hour restriction and adopt Resolution No. 93-73 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MODIFYING A 112 -HOUR PARKING, 7:00 A.M.-6:00 P.M." PARKING RESTRICTION TO A "NO STOPPING, 6-8:00 A.M. & 4-6:00 P.M., EXCEPT SATURDAY AND SUNDAY" SUPPLEMENTED WITH A 112 -HOUR PARKING, 8:00 A.M.-4:00 P.M., EXCEPT SATURDAY AND SUNDAY" RESTRICTION, RED CURBING ON THE SOUTH SIDE OF PATHFINDER ROAD BETWEEN SR 57 OFF -RAMP AND BREA CAPJYON ROAD with the proposed signing and striping for the south side of Pathfinder Rd. between SR 57 off -ramp and Brea Canyon Rd., and to approve the design to include a right turn lane at Brea Canyon Rd. from eastbound Pathfinder Rd. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - Werner, Forbing, MacBride NOES: COUNCILMEMBERS - M/Miller ABSENT: COUNCILMEMBERS - MPT/Papen 9.4 PUMP STATION DESIGN FOR "COUNTRY SEWERS" - M/Miller abstained from discussion of this matter due to a potential conflict of interest. CM/Belanger reported that the County informed the engineering firm charged with the sewer design and the City Engineer that the pump station at Indian Creek needed to be upgraded as a result of the burden of the addition of 148 homes in "The Country." OCTOBER 5, 1993 PAGE 14 ICE/Wentz recommended that the Council authorize an expenditure of up to $40,000 for the design of the Indian Creek pump station. C/Werner moved, C/MacBride seconded to approve staff's recommendation to authorize an expenditure of up to $40,000 for the design of the Indian Creek Pump Station. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - Werner, MacBride, Forbing NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - MPT/Papen ABSTAIN: COUNCILMEMBERS - M/Miller 10. ANNOUNCEMENTS: C/Forbing noted that those people who were vocal at the beginning of the meeting left as soon as the Council began the business of the community. M/Miller announced that William Dunn, father of Joe Dunn, Production Manager for Jones Intercable, had recently passed away and that John Beke, a current Traffic & Transportation Commissioner, passed away on October 1, 1993. 11. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 9:45 p.m. in memory of Mr. John Beke. LYNDA BURGESS, Ci1:y Clerk ATTEST: Mayor