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