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HomeMy WebLinkAbout06/20/1989 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR JUNE 20, 1989 CALL TO ORDER: Mayor Papen called the meeting to order at 6:04 P.M.in Council Chambers, W.V.U.S.D., 880 South Lemon Ave., Diamond Bar, California. The following Councilmembers were present: Forbing, Mayor Pro Tem Horcher, and Mayor Papen. Councilman Miller was excused and Councilman Werner attended late. Also present were staff members Robert L. Van Nort, City Manager; Andrew Arczynski, City Attorney; and Tommye Nice, Deputy City Clerk. PRESENTATIONS/ INTRODUCTIONS/ APPOINTMENTS: No Presentations, Introductions or Appointments. PUBLIC COMMENT: Frank Dursa - 2533 Harmony Hill Drive, Diamond Bar, CA. Mr. Dursa asked questions regarding reimbursement of expenses for Council's trip to Monterey, Palm Springs Seminar, the Big Bear Retreat and the costs to date regarding the Grand Avenue litigation. It was requested that staff prepare a report for Mr. Dursa. Karen Rose - 1074 S. Longview Dr., Diamond Bar, CA. Mrs. Rose requested that stop signs be placed in the tract where she lives, Traffic is very fast on these non -dedicated streets. Staff was directed to get back with Mrs. Rose about her concerns and how to go about getting stop signs in the area. Victor Page - 1732 Morning Road, Diamond Bar, CA -- Mr. Page presented the Council with a petition signed by 69 residents. The petition requested 2 more stop signs in the intersections of Santaquin/Ciiffbranch and Morning Canyon Road. Currently there are 2 signs already in place, but the residents are requesting d. Meeting of June 20, 1989 Staff was directed to prepare a report regarding this request. COUNCILMEMBER COMMENTS: Councilman Forbing - Discussed the parks stating that both he and Councilman Miller had walked each of the parks and made a list of the work that needed to be done prior to the City accepting the parks. He advised that he had met with "Landscape West" and spoke with them regarding the work that they had been doing for the County and what they did at the parks. A letter has been sent to Gerri Kariya at the County with a list of repairs that need to be done prior to the City taking over the parks. Councilman Forbing advised that the maintenance group has been unlocking the restrooms in the morning, and that the County sent someone out in the evening to lock up. The City needs to designate someone to lock the restrooms at night. _ Councilman Forbing also went on to discuss the vandalism that is being done to the parks in the City. CONSENT CALENDAR: The City Manager presented the Consent Calendar to Council with changes being made to the Minutes on Page 6 and 7 and Park Policy reflecting (15 & 30 days). The Cpl then recommended that Council approve the Consent Calendar as submitted. Councilman Forbing moved and Mayor Pro Tem Horcher seconded for approval of the Consent Calendar and with the following Roll Call vote the following Consent items were approved: AYES: Councilmembers - FORBING, Mayor Pro Tem HORCHER, and .Mayor PAPEN NOES: Councilmembers - None ASSENT: Councilmembers - MILLER and WERNER 2 Meeting of June 20, 1989 1. Approval of Minutes for June 6, 1989 with corrections to Pages 6 and 7. 2. Denial of the Claim filed with the City from Carl Hoyer and Michael Lauxen. 3. Warrant Register in the amount of $51,251.96 dated June 20, 1989. 4. Resolution No. 89-52, adopting the City's statement of investment policy. 5. Resolution No. 89-53 , establishing a self-insurance fund, setting forth the purpose of said fund, providing appropriations therefore and making certain other determinations in connection therewith. 6. Adoption of a Parks Policy to regulate the consumption and sale of alcoholic beverages at the City owned parks as amended. 7. Acceptance of assignment of maintenance contracts for City parks and landscape districts 38, 39 and 41. ORDINANCES AND RESOLUTIONS: Ordinance No. SOUTHERN CALIFORNIA EDISON COMPANY - 12-(1989) City Attorney Arczynski presented for second reading and adoption by title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, A CALIFORNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO INSTALL, MAINTAIN AND USE PIPES, WIRES, CONDUITS, AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS NECESSARY OR PROPER THEREFOR, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, HIGHWAYS, ROADS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY z Meeting of June 20, 1989 HEREAFTER EXIST, WITHIN THE CITY OF DIAMOND BAR. A motion was made by Councilman Forbing to adopt Ordinance No. 12-(1989) by title only and waive further reading; a second was made by Mayor Pro Tem Horcher and approved by the following Roll Call Vote: AYES: Councilmembers - FORBING, Mayor Pro Tem HORCHER, and Mayor PAPEN NOES: Councilmembers - NONE ABSENT: Councilmembers - MILLER and WERNER Ordinance No. SOUTHERN CALIFORNIA GAS COMPANY - 13-{1989} City Attorney Arczynski presented for second reading and adoption by title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY, A CALIFORNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO INSTALL, MAINTAIN AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES ALONG, CROSS, UPON, UNDER AND IN THE PUBLIC STREETS, HIGHWAY'S, ROADS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN THE CITY OF DIAMOND BAR. A motion was made by Mayor Pro Tem Horcher to adopt Ordinance No. 13--(1989) by title only and waive further reading; a second was made by Councilman Forbing and approved by the following Roll Call Vote: AYES: Councilmembers - FORBING, Mayor Pro Tem HORCHER, and Mayor PAPEN NOES: Councilmembers - None ABSENT: Councilmembers - MILLER and WERNER 4 Meeting of June 20, 1989 OLD BUSINESS: Item 11. Budget - CM reviewed the budget for the Fiscal Year 1989-90. He advised Council of the changes and additions that had been made. The CM also advised that an additional person was being requested for the City who would be the "parks and maintenance superintendent." This person would be responsible for locking the facilities at each park, watch the maintenance being done to the parks, as well as look out for vandalism and oversee the maintenance of the 3 landscape maintenance districts. He would also be responsible for writing grants for park improvements. CH also advised that he had spoken with LACTC and that they had reached a mutual conclusion of what the population figure could be and hopefully they will come to some agreement in the next few weeks. The CM then went on to discuss the Landscape Districts that the City will be assuming. They are Districts 38, 39, and 41. The County sets the amounts that can be charged. The City will not be changing them. NEW BUSINESS: Item 10: CONSTRUCTION ACTIVITIES - DESIGN REVIEW COMMITTEE/COMMISSION- Mayor Papen asked staff for report. City Attorney discussed the Council's concern over architectural review of new construction and compatibility. The City Attorney asked for Council's direction on how they wished to handle this situation. It could be by establishing a committee to review plans, review at City Council level or use an independent board to review the issues. Councilman Forbing said that he would like to see an ordinance setting up an architectural committee to review 5 Meeting of June 20, 1989 any plans for color Change, change of roof style or new construction. Mayor Papen discussed the "strip centers and the need for control over the remodeling that has taken place. The Mayor felt that there should be an architectural review for commercial property as well as for residential property. Mayor Papen went on to propose that both the Transamerica Architectural Review Board and the Diamond Bar Improvement Association form an adhoc committee to formulate a uniform code that the Council can review and implement. Councilman Werner moved to have this item deferred for two weeks so that the matter could be looked into by the Planning and zoning Committee with a report being brought back to Council in 2 weeks. The motion was seconded by Mayor Pro Tem Horcher. After discussion by Council, both Councilman Werner and Mayor Pro Tem Horcher withdrew their motion and it was decided that the City Attorney draft a sample ordinance to present to the above referenced committees. Councilman Forbing asked the City Attorney to discuss the "Arts in Public Places" program. He explained that art is placed in, around or near public places. Any developer of projects with a valuation of a 1/2 million or more provide public art work accessible to the public, maintained on the property where the development is to go. Ranging from single family to apartment complexes, etc. Councilman Forbing requested with the consensus of Council that Mr. Arczynski submit a sample policy for Council's review for future development. 6 Meeting of June 20, 1989 ITEM NO. 9: COMMERCIAL DEVELOPMENT - Mayor Papen ORDINANCE NO. asked Mr. Lackner to give his report on 15-(1989) commercial development in the City of Diamond Bar. Mr. Lackner showed a map of the areas that are zoned for commercial activity, planned for commercial activity and all areas that are developed with some type of commercial activity. Mr. Lackner stated that he had come up with 11 potential sites. Mr. Lackner then went on to discuss each site. After some discussion among Council, Mayor Papen opened the item up for public discussion. Mr. Ben Reiling, President of Zelman Development Company, 515 S. Figueroa, Los Angeles, CA. Advised that the Gateway Corporate Center has more stringent requirements than the County or other agency requires. He supports the Council excluding them from the interim ordinance suggested. Mayor Papen asked Mr. Lackner for more identification on the property at Golden Springs and Grand Avenue for inclusion in the ordinance. Mr. Lackner advised that it would be the parcel directly south of the intersection on Grand and Golden Springs. Councilman Forbing proposed that the CH zoned be deleted in the ordinance and replaced with the 11-1 which would pick up the property in question and delete the Gateway Corporate Center. The City Attorney advised that in addition to the deletion of CII and replacement with M-1 zoning, the wording would also include "industrial development" where applicable. With clarification, the City Attorney read Ordinance No. 15-(1989): 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 MtAKING FINDINGS IN SUPPORT THEREOF as amended by the Council this evening. 7 Meeting of June 20, 1989 A motion was made by Councilman Forbing to adopt Ordinance No. 15-(1989) by title only and waive further reading; Mayor Papen seconded the motion and with following Roll Call vote the motion was approved: AYES: Council Members: FORBING, WERNER, Mayor Pro Tem HORCHER and Mayor PAPEN NOES: Council Members: None ABSENT: Council Members: MILLER At this time Councilman Forbing asked Chief Jones to give the C14 some sample ordinances so that he could draft an ordinance regarding wood shake roofs for the Council to review. PUBLIC HEARING: Resolution No. VEHICLE CODE PROVISIONS _ TRACTS 42585 89-54: AND 42586 - The City Attorney advised Council that this Resolution had been brought to Council for approval based on their desire as well as the public's desire to deal with traffic problems within the areas covered by Tracts 42585 and 42586 and authorizing the Sheriff's Department to enforce the Vehicle Code. The City Attorney went on to advise that Notice had been given to the owners of the tracts and that they had no problem with this Resolution and that they would assist the City in any way they could including putting up the stop signs that are to go up. The City Attorney went on to say that the Resolution would go into effect immediately and apply the provisions of the Vehicle Code to all the streets within the 2 tracts and would deal with speeding, etc. Mayor Papen asked Mr. Lackner if there are other streets with this problem or is it just in the tracts discussed? 0 Meeting of June 20, 1989 Mr. Lackner advised if a street is not dedicated that it is either because they haven't been accepted or the particular traffic warrants did not meet the criteria for a stop sign. Councilman Forbing asked for a report on what streets are not dedicated at this time. City Attorney Arczynski requested that this Resolution be adopted and that at such time as information comes forth on other tracts, notice will be given, public hearings will be set and action will be taken. Mayor Papen then opened the public hearing on Resolution 89-54. Cdr. Bruce Flammenbaum, 1227 Bramford Court, Diamond Bar, CA. Spoke in favor of Resolution No. 89-54 and other tracts be added as quickly as possible. Ross Billato, 1103 Bramford Court, Diamond Bar, Ca. Spoke in favor of this Resolution. With no further public testimony, Mayor Papen closed the public hearing. Councilman Werner moved that Resolution No. 89-54, providing provisions for Vehicle Code shall apply to certain privately owned and maintained roads as identified be approved; f-fayor Pro Tem Horcher seconded the motion and with the following Roll Call Vote the motion was approved: AYES: Councilmembers - FORBING, WERNER, Mayor Pro Tem HORCHER and Mayor PAPER NOES: Councilmembers - None ABSENT: Councilmembers - MILLER Mayor Papen directed staff to research this matter, give public notice to other tracts that this may pertain to and come back as soon as possible. 9 ATTEST: r PHYLLIS E. PAPEN Mayor Meeting of June 20, 1989 Mr. Lackner introduced Mr. John Gutwein who will be the advisor to the City of Diamond Bar. Mayor Papen advised the public that the Council will now be going into closed session to discuss the Grand Avenue litigation and that the next meeting will be held June 27, 1989 at 6:00 P.M. Mayor Papen convened to closed session at 7:50 P.M. The meeting then reconvened. No reportable action was taken. The meeting adjourned at 9:00 P.M. to 6:00 P.M. June 27, 1989 at the Walnut Unified School District Board Room. SO Respectfully submitted Tommye A. Nice Deputy City Clerk