HomeMy WebLinkAbout09/17/1996 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
SEPTEMBER 17, 1996
CLOSED SESSION: 5:30 p.m.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (G.C. Section
54956.9) - PROPOSED GALE OF SURPLUS PROPERTY. ACA/Susskind
reported that no final agreor; ent was approved, although direction was given
to staff. Closed Session w, s adjourned at 6:20 p.m.
2. CALL TO ORDER: Mayor Ansari called the meeting to order
at 6:40 p.m., in the SCAOMD Auditorium, 21865 E. Copley Drive, Diamond
Bar, California.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Roger
Meyer.
ROLL CALL: Council Members Harmony, Herrera,
Werner, Mayor Pro Tem Huff, Mayor Ansari.
Also present were: Terrence L. Belanger, City Manager, Frank Usher,
Assistant City Manager; Amanda Susskind, Assistant City Attorney;
James DeStefano, Community Development Director, George Wentz,
Director of Public Works; Bob Rose, Community Services Director and
Lynda Burgess, City Clerk.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Proclaimed September 17 - 23, 1996 as "Constitution Week."
Received by Marilyn Ruzicka.
3.2 Presented City Tile to Senator Mountjoy honoring him for his
assistance in defeating the City of Industry proposal for location of a
Materials Recovery Facility near D.B.
3.3 Proclaimed September 30 - October 6, 1996 as "Equal Parents'
Week'. Received by Patty Dearoff and Chase Gordon.
3.4 Presentations to Phyllis E. Papen, former City Council Member:
Special D.B. City Plaque, Plaque presented by Senator Mountjoy,
Certificate presented on behalf of Congressman Kim and Certificate
on behalf of Assemblyman Gary Miller.
3.5 Presented City Tile to Sheila Cornell, 1996 member of Gold Medal
Olympic Women's Softball Team, Certificate from Congressman Kim,
and Certificate.of Recognition from Senator Mountjoy.
RECESS: Mayor Ansari recessed the meeting at 7:09 p.m. for a reception.
RECONVENE: ' Mayor Ansari reconvened the meeting at 7:44 p.m.
4. PUBLIC COMMENTS: Cindy Grissolm, Walnut Elementary fourth
grade teacher, thanked Council for providing funds for her attendance at the
Local Government 1996 Teacher Institute.
SEPTEMBER 17, 1996 PAGE 2
Martha Bruske protested the presentations to Phyllis Papen.
Roger Meyer asked about the "no left-hand tum" sign previously posted on
Fountain Springs Rd. at the Country Hills Towne Center ingress/egress.
M/Ansari responded to Mr. Meyer that a Town Hall meeting will be held to
discuss the Neighborhood Traffic Study.
Bill Key, D.B. Grille, complained about the City's processing fees for his
business improvement. He suggested the City work with commercial
businesses to build a. strong consumer base.
C/Harmony requested a staff report on the D.B. Grille project.
Al Rumpilla reported on the Traffic & Transportation Commission's
September 12, 1996 decision regarding "Overnight Parking of
Recreational/Commercial Vehicles on D.B. City streets".
Art 0'Daly,-24075 Falcons View Dr., requested that Council provide signage
directing the public to the new Chamber of Commerce facility.
M/Ansari asked Mr. O'Daly to contact staff regarding his request.
Tom Ortiz requested that the MIA/POW flag be flown daily at City Hall. He
reiterated his safety concerns for school children and suggested that he
could provide community education classes.
M/Ansari responded to Mr. Ortiz that his questions regarding the Voucher
Register would be addressed during the Consent Calendar. She asked Mr.
Ortiz to discuss his proposed education class with the City Manager.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION - September 23, 1996 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.2 PARKS & RECREATION COMMISSION - September 26, 1996 - 7:00
p.m. AQMD Board Hearing Room, 21865 E. Copley Dr.
5.3 CITY COUNCIL MEETING - October 1, 1996 - 6:30 p.m. AQMD
Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR: C/Werner moved, MPT/Huff seconded, to
approve Consent Calendar with the exception of items 6.1, 6.4, 6.7 and 6.8.
With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Wemer, MPT/Huff,
M/Ansari
NOES: COUNCIL MEMBERS - None
SEPTEMBER 17,.1996 PAGE 3
ABSENT: . COUNCIL MEMBERS - None
C/Harmony abstained from voting on approval of the Rutan & Tucker invoice
on the Warrant Rdgister.
6.2 APPROVED VOUCHER REGISTER dated September 17, 1996 in the
amount of $242,426.
6.3 ADOPTED RESOLUTION NO. 96-63: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
PLANS AND SPECIFICATIONS FOR THE PURCHASE AND
INSTALLATION OF PARKWAY TREES IN THE CITY OF DIAMOND
BAR AND DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS.
6.5 RECEIVED & FILED 1996 CONFLICT OF INTEREST BIENNIAL
NOTICE.
6.6 APPROVED AMENDMENT FOR FISCAL YEAR 1995-1996
PURCHASE ORDER CARRYOVER BUDGET ADJUSTMENT -
Account No. 001-4210-4250 in the amount of $101,000 for
professional services for the Development Code.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.1 APPROVAL OF MINUTES:
A. Regular Meeting of August 20, 1996 - Continued to October 1,
1996.
B. Regular Meeting of September 3, 1996 - Continued to October
1, 1996.
6.4 AWARDED CONTRACT TO PURKISS-ROSE/RSI FOR
COMPLETION OF A CITY-WIDE COMPREHENSIVE PARKS
MASTER PLAN - Following discussion of staffs methods for choosing
the consultant, MPT/Huff moved, M/Ansari seconded, to award a
contract for completion of the City -Wide Comprehensive Parks Master
Plan- to Purkiss-Rose/RSI in an amount not to exceed $106,000.
Further, Council approved the transfer of $56,000 from the City's
General Fund reserves to fully fund this project during the 1996-1997
fiscal year. With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera,
MPT/Huff, M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
SEPTEMBER 17, 1996 PAGE 4
6.7 - ADOPTED RESOLUTION NO. 96-63: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, SUPPORTING AND
VALUING DIVERSITY AMONG ITS RESIDENTS AND EXPRESSING
ZERO TOLERANCE FOR ANY ACT WHICH SUBJECTS ANY
GROUP OR INDIVIDUAL TOHARASSMENT OR ATTACK - WAnsari
moved, C/Werrs3r seconded, to adopt Resolution No. 96-63. With the
following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner,
MPT/Huff, M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.8 ADOPTED RESOLUTION NO. 96-64: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR INSTALLING "NO
STOPPING ANYTIME" SIGNS AND RED CURBING ALONG THE
EASTERLY SIDE OF BREA CANYON ROAD FROM THE
NORTHERLY PROPERTY LINE OF AM/PM TO WASHINGTON
STREET AND RETAINING THE "NO STOPPING, 10:00 TO 6:00
AM." SIGNS ON LYCOMING STREET BETWEEN BREA CANYON
ROAD AND SILVER FIR ROAD - Colleen Garcia, Winwood
Condominiums, supported the proposal for red curbing due to noise
problems, diesel fumes, safety concerns and trucks parked in the
center street divider. She recommended red curbing on both sides of
Brea Canyon Rd. She presented a petition with signatures of
business owners in favor of red curbing on the west side of Brea
Canyon Rd.
Paul Heinz, Winwood Condominiums, stated that trucks park in the
area all through the night with their engines running which results in
diesel fumes and excess noise levels permeating the neighborhood.
The truckers are not responsive to resident's requests to have the
engines shut down.
Dr. Rhodes suggested that "Tow Away" signs be included with the "No
Parking" signs.
Ignacio Covarrubias, 805 Winwood Dr., presented photographs of
trucks parked on Brea Canyon Rd. showing the truck exhaust fumes
flowing toward the condominium complex. He told the Council about
fires caused by the truck exhausts. He pointed out that the AM/PM
Mini -Mart has 26 parking spaces. He favored red curbing and "No
Stopping Anytime" and 'Tow Away" signs.
Grace French, Steve Elliott, Roger Meyer, Mr. Nguyen, Dorothea
Eatherly, and Mrs. Heinz all supported adoption of the proposed
SEPTEMBER 17, 1996 PAGE 5
Resolution.
Martha Bruske asked for city-wide traffic enforcement.
C/Werner stated that the City of Industry posts "No Stopping Any
Time" signs which apparently keeps trucks from parking on its major
thoroughfares.
Ms. Garcia indicated that although the Sheriffs Department responds
to vehicle parking violations, trackers continue to disregard the signs.
These types of violations are not priority calls for the Sheriffs
Department.
C/Wemer stressed the need for enforcement of the red curbing. He
suggested that the motion include direction to staff to have the Traffic
& Transportation Commission evaluate red curbing for the west side
of Brea Canyon Rd. and for other City arterials that are likely to
accommodate truck parking. In addition, he recommended that staff
pursue alternative means of parking enforcement.
M/Ansari suggested the responsibilities of the City's Volunteer
Community Patrol could be expanded to include parking enforcement
city-wide.
CM/Belanger read a letter from Janet Spatz, General Manager, Jones
Intercable, indicating that red curbing on the west side of Brea Canyon
Rd. would create a problem for loading and unloading and temporary
parking of company vehicles. She asked the Council to consider
including' 30 Minute Loading Zone" signs or that any imposed parking
restrictions exclude vehicles of two or less axles on both sides of Brea
Canyon Rd.
MPT/Huff thanked the residents for their input. He concurred with the
need for enforcement.
C/Harmony concurred with the recommendation to direct the Traffic
& Transportation Commission to study the feasibility of red curbing for
the west side ' of Brea Canyon Rd. He suggested that the City
Engineer be directed to erect 'Tow Away" signs in the red curbed
area.
WAnsari moved, C/Harmony seconded, to adopt Resolution No. 96-
64 and directing the City Engineer to install 'Tow Away" designators
with the "No Stopping Anytime" signs and red curbing along the
easterly side of Brea Canyon Rd. from the northerly property line of
AM/PM Mini -Mart to Washington St.; retain the "No Stopping" signs
from 10:00 p.m. to 6:00 a.m. and include "Tow Away" designators on
SEPTEMBER 17, 1996 PAGE 6
7
Lycoming St. between Brea Canyon Rd. and Silver Fir Rd., and
directing the Traffic & Transportation Commission to consider red
curbing the west side of Brea Canyon Road. With the following Roll
Call vote, motion carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner,
MPT/Huff, M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
Council directed staff to agendize a discussion of "Alternative Parking
Enforcement" issues.
PUBLIC HEARINGS:
7.1 PUBLIC HEARING REGARDING RESOLUTION NO. 96-65: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR SUSTAINING THE PLANNING COMMISSION'S DENIAL OF
VARIANCE NO. 96-1, A REQUEST TO INSTALL A SECOND WALL
SIGN ON THE NORTHERLY FACADE OF AN EXISTING
COMMERCIAL OFFICE BUILDING LOCATED WITHIN GATEWAY
CORPORATE CENTER AT 1370 VALLEY VISTA DRIVE, DIAMOND
BAR, CALIFORNIA - Continued from September 3, 1996.
Bob McNichols, University of Phoenix, 1436 E. Elwood St., Phoenix,
Arizona, asked the Council to overturn the Planning Commission's
decision to deny a variance for an additional sign on the valley Vista
Dr. building. The second sign would allow visibility for both the
easterly and westerly freeway approaches. He pointed out that the
University is the only resident four-year accredited institution of higher
learning in the City. He believed the request was a reasonable and
rational approach to the variance process because of the building's
unique architectural and design characteristics.
In response to M/Ansari, Mr. McNichols stated that the University
occupies one-third of the building area. Currently, 1000 students are
enrolled. Although CalTrans freeway signage directs traffic to the
Grand Ave. exit, there is no additional signage directing traffic to the
site.
In response to C/Wemer, Mr. McNichols explained that the University
has a seal and a logo, but the City's Sign Code does not permit logos
on buildings.
Responding to C/Herrera, Mr. McNichols referred to a letter from
Trammell -Crow dated September 10, 1996 indicating they did not
want any more signs on the building other than what had already been
SEPTEMBER 17, 1996 PAGE 7
permitted. He indicated that modifying the current address signs to
include the building tenants would be a viable option to the
University's request for a second sign.
C/Herrera stated she would like to see all viable options explored prior
to variance consideration.
In response to MPT/Huff, Mr. McNichols reported that two signs would
provide visibility from both building entrances. The design guidelines
do not permit use of logos and monument signs.
In response to MPT/Huff, CDD/DeStefano stated that an amendment
for the existing Gateway Corporate Center's design guidelines would
be required to accommodate changes in the building's standards.
Robert Aaron, University of Phoenix Legal Counsel and Sign Users
Counsel of California State Counsel, stated that granting a variance
would not constitute a precedent. The property is eligible for a
variance because of the uniqueness of the building.
There being no further testimony offered, M/Ansari closed the Public
Hearing.
Following Council discussion, C/Werner moved, M/Ansari seconded,
to direct staff to prepare a Resolution of Approval granting the request
for variance, include the Findings of Fact to support the Resolution,
and return the matter to Council for ratification at its next meeting.
With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Werner, MPT/Huff, M/Ansari
NOES: COUNCIL MEMBERS - Harmony, Herrera
ABSENT: COUNCIL MEMBERS - None
8. OLD BUSINESS:
8.1 APPROVED FIRST READING OF ORDINANCE NO. 03(1996): AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AMENDING CHAPTER 2.04 OF TITLE 2 OF THE DIAMOND
BAR MUNICIPAL CODE RELATING TO RUNOFF ELECTIONS.
M/Ansari moved, C/Herrera seconded, to approve first reading by title
only and waive full reading ,of Ordinance No. 03(1996) relating to
runoff elections. With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner,
MPT/Huff, M/Ansari
NOES: COUNCIL MEMBERS - None
SEPTEMBER 17, 1996 PAGE 8
ABSENT: COUNCIL MEMBERS - None
NEW BUSINESS:
9.1 (A) RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE
DIAMOND BAR REDEVELOPMENT AGENCY TO DESIGNATE A
REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES
PURSUANT TO CALIFORNIA COMMUNITY REDEVELOPMENT
LAW (HEALTH AND SAFETY CODE SECTION 33000, ET SEQ.) -
Continued to September 24, 1996.
(B) RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 2 WITH
THE DIAMOND BAR REDEVELOPMENT AGENCY - Felice Acosta,
Rosenow Spevacek Group, Inc. (R.S.G.) presented a blight
assessment report and financial feasibility study relative to
establishment of a redevelopment project area and initiation of a
redevelopment process. The report is complete and indicates a City
redevelopment project area is feasible.
M/Ansari asked that Ms. Acosta's presentation be continued to
September 24, 1996 at 7:00 p.m.
9.2 LOCAL LAW ENFORCEMENT SUPPLEMENTAL FUNDING -
CITIZENS OPTION FOR PUBLIC SAFETY (COPS) - C/Herrera
moved, C/Wemer seconded, to approve the list provided .by Walnut
Sheriffs Station for supplemental services and equipment and the
necessary budget e4ustment for receipt and expenditure of the grant
funds. With the following Roll Call, motion carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner,
MPT/Huff, M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
RECESS: M/Ansari recessed the City Council meeting to convene the
Redevelopment Agency meeting at 10:55 p.m.
RECONVENE: M/Ansari reconvened the City Council meeting at 11:00 p.m.
9. COUNCIL SUB -COMMITTEE REPORTS: None
10. COUNCIL COMMENTS: None
11. ANNOUNCEMENTS: None
SEPTEMBER 17, 1996 PAGE 9
12: ADJOURNMENT: There being no further business to
conduct, WAnsari adjourned the meeting at 11:00 p.m. to September 24,
1996 at 7:00 p.m.
ATTEST:
Mayor
�
L DA BURGESS, Cit; Clerk-
Mayor
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