HomeMy WebLinkAbout05/07/1991 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MAY 7, 1991
CALL TO ORDER: M/Forbing called the meeting to order at 6:00 p.m.
in the Council Chambers, W.V.U.S.D., 880 S. Lemon
Avenue, Diamond Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance
ALLEGIANCE: by C/Papen.
ROLL CALL: Councilmen Werner, Nardella, Papen, Mayor Pro Tem
Kim and Mayor Forbing.
Also present were City Manager Robert L. Van Nort,
Assistant City Manager Terrence L. Belanger, City
Attorney Andrew V. Arczynski, Director of Planning
James DeStefano, City Engineer Sid Mousavi, Parks
and Maintenance Director Charles Janiel and City
Clerk Lynda Burgess.
PUBLIC COMMENTS: Mr. Frank Dursa, 2533 Harmony Hill, complained
about Western Waste's "tactics" in providing their
subscribers with recycling bins without permission
and then requiring the subscriber to notify them if
the bids were not wanted.
CONSENT CALENDAR: C/Werner moved, seconded by MPT/Kim to approve the
Consent Calendar with the exception of the April
16, 1991 Minutes. Motion carried by the following
Roll Call vote:
Schedule Future
Meetings
Minutes
Warrant Register
Treasurer's
Report
AYES: COUNCILMEN - Werner, Nardella, Papen,
MPT/Kim, M/Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
A. Traffic & Transportation Commission - May 9,
1991 - 6:00 p.m., Community Room, 1061 S.
Grand Ave.
B. Parks & Recreation Commission - May 9, 1991 -
7:00 p.m., City Hall, 21660 E. Copley Dr.,
#100
C. Planning Commission - May 13, 1991 - 6:30
p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave.
D. California Contract Cities Assn. Annual
Seminar - May 16, 1991, Palm Springs City
Council Meeting - May 21, 1991, 6:00 p.m.,
W.V.U.S.D. Board Room, 880 S. Lemon Ave.
Approved Budget Study Minutes of April 9,
1991.
Approved Warrant Register dated May 7, 1991 in the
amount of $517,609.78.
Approved Treasurer's Report for the month of March,
1991.
{
MAY 7, 1991
Authorized letter of support for selection of Los
PAGE 2
Angeles/Pasadena to host the 1995 World Cup Soccer
Tournament and authorize the Mayor to execute said
letter on behalf of the Council.
Planning Comm.
Received
and filed Planning
Commission Minutes of
Minutes
February
25, 1991; March 11,
1991; March 25, 1991'
Solid Waste
and April
8, 1991.
Analyst Troy Butzlaff regarding proposed recycling
Traffic & Trans.
Received
and filed Traffic &
Transportation Comm.
Comm. Minutes
Minutes of
February 14, 1991
and March 14, 1991.
Claims for
Denied Claim
for Damages filed by (A) John and
Damages
Margaret
Cragin, (B) Glen
Ortega and (C) Roger
Gomez.
Resolution 91-22 Adopted Resolution No. 91-22 entitled: A RESOLUTION
Approving OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
Destruction of APPROVING THE DESTRUCTION OF CITY RECORDS AND
City Records & DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED
Documents No UNDER CALIFORNIA ELECTIONS CODE SECTION 14811.
Longer Required
1994 World
Authorized letter of support for selection of Los
Cup Soccer
Angeles/Pasadena to host the 1995 World Cup Soccer
Tournament and authorize the Mayor to execute said
letter on behalf of the Council.
Southern Calif.
Affirmed appointment of M/Forbing as delegate and
Joint Powers
C/Papen as alternate to the Southern California �k;s
Insurance Author.
Joint Powers Insurance Authority. i4
Membership
Solid Waste
Received and filed report prepared by Administrative
Recycling Pgms.
Analyst Troy Butzlaff regarding proposed recycling
programs.
Proclamation -
Proclaimed the month of May, 1991 as "Older
May, 1991
Americans Month."
"Older Americans
Month"
Proclamation - Proclaimed the month of May, 1991, as "Goodwill,
May, 1991 Industries Month."
"Goodwill Indust.
Month"
Proclamation - Proclaimed the week of May 10 - 16, 1991 as "Respect
May 10-16, 1991 for Law Week."
"Respect for
Law Week"
SPECIAL PRESENTATIONS:
Proclamation - Proclaimed May 11, 1991 as "Fire Service Day" and
May 11, 1991 presented Asst. Fire Chief Robert Lee with the "
"Fire Service Day" Proclamation.
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OLD BUSINESS:
Business License ACM/Belanger reported that Administration of Title
Services by 7 of the L.A. County Code, which the City adopted
L.A. County upon Incorporation, had been handled by the County
Tax Assessor's Office until the City suspended
enforcement in March, 1991. The Ordinance regu-
lates approximately 120 categories of businesses
throughout the City. In March, the Council
determined that a closer look at the administration
of Title 7 should be done and a determination made
as to whether the City was interested in taking it
over. He further reported that it would require
the City to hire one full-time inspector and one
full-time clerical -technical person to properly
administer Title 7 and that based on current
renewal fee schedules, approximately $25,000 per
year would be generated in fees. He estimated that
approximately $100, 000 would be required to under-
write the cost of administering this program.
--, Based on the research, he recommended that the
Council rescind suspension of administration of
Businesses Licenses by the County and direct staff
to reinstate administration by the County effective
May 8, 1991; and to further direct staff to under-
take a comprehensive analysis of Title 7 to
determine which categories should be retained.
MAY 7, 1991
PAGE 3
Asst. Fire Chief Lee accepted the Proclamation and
announced that on May 11, 1991 all Fire Stations
will be open to the public, and that Station 119 on
Pathfinder Rd. will conduct special activities for
the public.
Recognition of
M/Forbing introduced Specialist Leonard Holifield,
Spc. Leonard
presented him with a City pin, and congratulated
Holifield for
him on his efforts in capturing an Iraqi soldier
Exceptional
while serving in Saudi Arabia. Special certificates
Service During
of recognition were presented to him by Mr.
Gulf War.
Garrettson Stitt, representing Assemblyman Paul
Horcher and Senator Frank Hill. A representative
from Congressman David Dreier's office also
presented a certificate to Mr. Holifield.
Proclamation -
M/Forbing proclaimed May 8, 1991 as "Day of the
May 8, 1991
Teacher" and presented Mr. Richard Valencia from
"Day of the
the Walnut Valley Unified School District and Ms.
Teacher"
Toby Kahan of the Pomona Unified School District
with Proclamations.
Proclamation -
M/Forbing proclaimed the week of May 20 - 24, 1991
May 20-24, 1991
as "Classified School Employees Week" and presented
"Classified
Ms. Val Burkel of the Walnut Unified School District
School Employee"
and Ms. Phyllis Flores of the Pomona Unified School
District with Proclamations.
OLD BUSINESS:
Business License ACM/Belanger reported that Administration of Title
Services by 7 of the L.A. County Code, which the City adopted
L.A. County upon Incorporation, had been handled by the County
Tax Assessor's Office until the City suspended
enforcement in March, 1991. The Ordinance regu-
lates approximately 120 categories of businesses
throughout the City. In March, the Council
determined that a closer look at the administration
of Title 7 should be done and a determination made
as to whether the City was interested in taking it
over. He further reported that it would require
the City to hire one full-time inspector and one
full-time clerical -technical person to properly
administer Title 7 and that based on current
renewal fee schedules, approximately $25,000 per
year would be generated in fees. He estimated that
approximately $100, 000 would be required to under-
write the cost of administering this program.
--, Based on the research, he recommended that the
Council rescind suspension of administration of
Businesses Licenses by the County and direct staff
to reinstate administration by the County effective
May 8, 1991; and to further direct staff to under-
take a comprehensive analysis of Title 7 to
determine which categories should be retained.
MAY 7, 1991 PAGE 4
A representative of Big Brothers' of Greater Los
Angeles spoke regarding the operation of Bingo,
stating that Title 7 specifies that Bingo can only
be open 1 day a week and that the organization
needs to be open 3 days a week.
Ms. Mary Robinson stated that she had applied for a
business license from the City and that if the
Council decided to authorize the County to
administer licensing, that the City be allowed to
process applications currently on file.
Mr. Charles Janet, with Southland Commercial Real
Estate Services, asked if a CUP would be requi*ed
if someone wanted to run a Bingo game more than one
day a week.
CA/Arczynski stated that the only way to run such
an activity more than one day a week would be for
the Council to change the ordinance.
Bill Thackery, owner of Little Professor Book
Center, spoke regarding the fees imposed on his
business in the amount of $1,400 and asked if there
was anything that could be done regarding this
amount.
Mr. Fred Scalza, with the Chamber of Commerce,
stated that the Chamber is very interested in the
issue of licensing and has decided to give the
Council an opportunity to go over all the'
information presented and come up with a plan.
C/Werner stated that he was in support of rein-
statement of Title 7 by the County and that staff
should be directed to determine how to analyze
Title 7 enforcement and bring the matter back to
Council for review.
C/Nardella stated -that he was in favor of a compre-
hensive analysis being done, but had difficulties
supporting the continued processing of Title 7 by
the County.
C/Papen suggested that an audit be conducted to
make sure that all businesses doing business under
Title 7 have obtained licenses.
MPT/Kim was in agreement with a study being
conducted.
M/Forbing stated that he agreed with C/Werner's
remarks and, with Council concurrence, directed
staff to start the process and come back to Council
in 60 days with a comprehensive report, including
El"111
� 31
MAY 7, 1991 PAGE 5
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bringing Title 7 "in house," and to notify the
County that suspension of administration of Title 7
is being rescinded.
Commission C/Nardella nominated Garrettson Stitt to the Parks
Appointments & Recreation Commission, Grace Lin to the Planning
Commission and Art Fritz to the Traffic &
Transportation Commission. With consensus of
Council, these appointments were affirmed. C/
Nardella administered Oaths of Office to Mr. Stitt,
Mrs. Lin and Mr. Fritz.
PUBLIC HEARINGS:
Ordinance XX PD/DeStefano stated that the Planning Commission had
(1991) Draft been requested to prepare a comprehensive sign study
Sign Ordinance at the beginning of 1990. A survey of approxim-
ately 12 Southern California cities was undertaken
to review aspects of those cities' codes. Staff
presented a preliminary draft of an Ordinance in
late June or July, 1990 which favored Mission
Viejo Is Code specifically, but also took aspects of
the other cities that were surveyed. The Planning
Commission then reviewed the document and
recommended a variety of changes. Part of the
changes incorporated input from members of the
community including the Chamber of Commerce as well
as business operators, property owners and
developers. An analysis of a September, 1989
Chamber survey and the proposed City Code was
undertaken in October, 1990. The current draft
breaks down signs into four groups which are: 1)
those within a "basic" category meaning that City
staff could review them within their offices; 2)
those contained within a "planned" category,
meaning those requiring Planning Commission review
and approval; 3) those exempt from the provisions
and those strictly prohibited. The Planning
Commission reviewed the various documents and
solicited input from about 70 different individuals
and organizations. The draft Ordinance was based
on the input the Commission received. He further
stated that the draft was brought before the
Council to understand the bulk of material
presented in the packet, open the Public Hearing,
take testimony and direct staff accordingly.
M/Forbing opened the Public Hearing.
Mr. Bob Velker, owner of Fast Frame, asked about
the height of lettering at his business as well as
whether a business person could appeal the denial
of a sign to the City Council.
MAY 7, 1991 PAGE 6
C/Werner stated that the question of height of
Jd� iy v�
lettering should be taken up with the developer.
PD/DeStefano stated that denials could be appealed
to the City Council.
Mr. Velker stated that he was then speaking as, a
representative of the Chamber of Commerce and that
they are prepared to rally as many people and get
as much opinion as they can to get the business
community involved when the final draft is
prepared.
Mr. Cary Treff, representing the Wolff Co. (Country
Hills Towne Center), 7700 Irvine Center Dr., #7110,
Irvine, stated that many of the signs currently in
the center would be violating the draft Ordinance
and suggested that Council consider bumping the
allowable signage up to 1 1/2 ft. of square footage
per linear foot on stores, with a minimum allowed
of 30 sq. ft. for shops. He also suggested
allowing additional signage on the back of
buildings that butt up to the street.
Ms. Margaret Watkins, with the Wolff Co. asked that
the Council look realistically at the Ordinance.
Mr. Jack Williamson, Classics Restaurant, 2529
Gentle Springs Ln., stated that he has been working_
with the Planning Commission for a long time,
trying to work out the problem. He believed that.
there would be acceptance of special freeway -
oriented signs and felt that it would help his
business. He further stated that the Ramada Inn his
undergoing major renovations and that the name of
the hotel would soon be changed to Hotel Diamond
Bar.
Mr. Brad Gramlin, representing Young Electric Sign
Co., 1413 E. Philadelphia, Ontario, stated that
there are several businesses in D.B. waiting to see
what happens with the Ordinance in order to put up
signs. He was concerned that the Ordinance
provided for well-planned signs and suggested that
it provide a broader latitude for the Planning
Director and/or sign review committee to look at
individual requests.
Mr. Marc Henry, asked Council to remember the
slogan "Shop Diamond Bar" and to distinguish that
adequate shopping current exists in D.B.
Mrs. Eileen Davis, President of D.B. Chamber of
Commerce, stated that the Council needs to look at
future revenue for the City by supporting the
MAY 7, 1991 PAGE 7
business community through this Ordinance.
With no further testimony offered, M/Forbing closed
the Public Hearing.
C/Werner stated that he was not prepared to take
action on this matter and needed more time to
digest all the materials given; however, he was
concerned that Council may need to look at the
community instead of looking at what other
communities have done. He asked Mr. DeStefano about
the effect the proposed Ordinance would have on
existing signs.
PD/DeStefano stated that a study had been conducted
in August and that he believed that less than 1% of
the signs within each center would be in non-
conformance of the draft Ordinance.
C/Werner further stated that he would be in favor
of the suggestion brought up regarding modification
of square footage from 1 sq. ft to 1 1/2 sq. ft,
thereby increasing the maximum sign footage from 25
to 30 ft.
C/Nardella stated that he did not have enough
information to make a determination and had many
questions to discuss with staff at a later time.
He indicated concern that there are other centers
that do not have sign programs, who do not have
consistency of development or signage, that do not
regulate their tenants and that do not assist
businesses in promoting themselves. He requested
more input from the business community indicating
how the Ordinance would impact them. He felt that
an Ordinance is appropriate and that it should not
only restrict certain types of signage but also
promote businesses within the community by
identifying them for the citizenry.
C/Papen recommended that an illustration be placed
in the Ordinance so that when people review the
sign code, there will be an indication of how staff
would measure the sign. She suggested that
addresses be placed on all free-standing signs so
that businesses will be easier to locate.
MPT/Kim stated that he was in favor of regulating
signs and felt that the draft Ordinance was a good
start.
M/Forbing suggested that the Chamber work with the
shopping center owners and managers. He stated
that he had been working with staff to put together
a specific sign plan for each center so that
MAY 7, 1991
PAGE 8
centers would be able to conform to the Ordinance.
'
Mr. Jim Paul, 1269 Ahtena Dr., stated that although
he felt that there should be a sign Ordinance, some
ideas expressed by the Council are too conserva-
tive.
Following further discussion, M/Forbing moved and
C/Werner seconded to continue the Public Hearinglto
June 18, 1991. With consensus of Council, the
motion carried.
RECESS:
M/Forbing recessed the meeting at 8:45 p.m.
RECONVENE:
M/Forbing reconvened the meeting at 9:00 p.m.
NEW BUSINESS:
Resolution 91-23
Following discussion, C/Papen moved, C/Werner
Establishing
seconded to adopt Resolution No. 91-23 entitled:
U Worker's Comp.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Benefits for
DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF
Reg. Disaster
CALIFORNIA, ESTABLISHING WORKER'S COMPENSATION
Services Wkrs.
BENEFITS FOR REGISTERED DISASTER SERVICES WORKERS.
With the consensus of Council, motion carried.
Ordinance 2
CA/Arczynski presented for first reading by title
(1991) Repealing
only, Ordinance No. 2 (1991) entitled: AN ORDINANCE
Chp. 2.68 of L.A.
OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
County Code &
REPEALING CHAPTER 2.68 OF THE LOS ANGELES COUNTY
Establishing New
CODES AS HERETOFORE ADOPTED AND ESTABLISHING NEW
Provisions re
PROVISIONS PERTAINING TO EMERGENCY PREPAREDNESS.
Emergency
Preparedness
C/Papen moved, C/Werner seconded to approve
Ordinance No. 2 (1991) for first reading by title
only. With the following Roll Call vote, motion
carried:
AYES: COUNCILMEN - Nardella, Papen, Werner,
MPT/Kim, M/Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
Purchase of
CM/Van Nort stated that Council had heard about the
Photocopier
proposed purchase of a copy machine during a budget
study session. At that time, it was suggested that
the purchase be made from the 1990-91 budget.
Staff proposed the purchase of a high volume, high
f
speed xerographic reproduction Xerox 1090 duplica-
tor through International Business Equipment at a
cost not to exceed $26,536 with a stipulation that
first year maintenance be provided through the
Xerox Corporation for Full Service maintenancej.
He further explained that the funds would �be
provided from "non -appropriated funds."
MAY 7, 1991 PAGE 9
MPT/Kim stated that he felt that the machine should
be leased and not purchased due to depreciation and
the ability to trade-in outdated copiers for newer
models every few years.
C/Nardella stated that he had asked staff to look
into working with outside agencies and contracting
for someone to purchase the machine, place it at
City Hall and possibly provide someone to run
copies.
M/Forbing requested that the matter be continued to
May 21, 1991 to provide staff an opportunity to
research the possibility of contracting for the use
of a copier and an operator.
Resolution 89-97E CM/Van Nort stated that the proposed amendment to
Amending Conflict the Conflict of Interest Code for Designated
of Interest Code Personnel would include Administrative Analysts
for Designated based on the fact that Analysts are sometimes sub -
City Personnel jest to potential conflicts.
M/Forbing opened the Public Hearing.
( Mr. Al Rumpilla, 23958 Golden Springs, requested
that the Resolution include members of the General
Plan Advisory Committee based on the fact that a
number of members have a direct conflict of
interest on how the City is being built.
CC/Burgess stated that the Committee is already
required to complete Conflict of Interest forms.
With no further comments offered, M/Forbing closed
the Public Hearing.
C/Werner moved, MPT/Kim seconded to adopt
Resolution No. 89-97E entitled: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING
THE CITY' S CONFLICT OF INTEREST CODE FOR DESIGNATED .
PERSONNEL. With the following Roll Call vote,
motion carried:
AYES: COUNCILMEN - Papen, Werner, Nardella,
MPT/Kim, M/Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
CLOSED SESSION: M/Forbing adjourned the meeting to Closed Session
at 9:30 p.m. for discuss of Personnel matters.
ADJOURNMENT: M/Forbing reconvened the meeting to Regular Session
at 10:15 p.m. and the City Attorney declared that,
during Closed Session, the City Council directed
staff to communicate with Pacesetter Building
MAY 7, 1991 PAGE 10
Services regarding an apparent breach of contract
related to the provision of Building and Safety
services to the City.
There being no further business, M/Forbing
adjourned the meeting at 10:16 p.m.
L A BURGESS, City Clerk
ATTEST.,
Mayor