HomeMy WebLinkAbout06/15/1994OW
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AGENDA
Wednesday, June 15, 1994
5:00 P.M.
Adjourned Regular Meeting
Heritage Park Community Center
2900 S. Brea Canyon Road
Diamond Bar, California
Mayor Gary H. Werner
Mayor Pro Tem Clair W, Harmony
Council Member Eileen R. Ansari
Council Member Phyllis E. Papen
Council Member Gary G. Miller
City Manager Terrence L. Belanger
Interim City Attorney Michael Montgomery
City Clerk Lynda Burgess
Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the
City Clerk, and are available for public inspection. If you have questions regarding an agenda item,
please contact the City Clerk at (909) 860-2489 during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990,
the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or
accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk
a minimum of 72 hours prior to the scheduled meeting.
1i1,olax11 lull,
rse refrain from smoking, eating or drinking The City of Diamond Bar uses re cled paper
in the Council Chambers.`„ I and encourages you to do the same.
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MISSION STATEMENT
The City Council meeting is the forum established to
conduct the business of the City of Diamond Bar, its
citizens, property owners, and businesses. The City
Council has chosen to conduct its business meetings in a
televised, open forum. This has been done to assure that
all community members are kept informed as to the status of
City business. It is the Council's objective to conclude
the business stated on the evening's agenda by a reasonable
hour, which is 11:00 p.m. To accomplish tonight's
objectives, the City Council requests that:
1. Public comments may be directed to Consent
Calendar items or matters of interest to the
public, which are not on this evening's agenda.
2. Public comments on scheduled matters will be
heard in conjunction with the respective
agendized subject.
3. There are to be no personal attacks toward
individual members of the City Council. Such
comments are viewed as personal attacks against
the entire City Council and will not be
tolerated.
4. There are to be no personal attacks from an
individual Council member. Such are viewed as
personal attacks from the entire City Council,
which are not conducive to a positive business
meeting environment; and, will not be tolerated.
The Diamond Bar City Council aper iates your cooperation.
f Ga i�. We=ner, Mayor
Clair W. Harmony Phyllis E. Papen
C, Mayor Pro Tem Council o
Eileen R. Ansari ry G. Mill
Councilwoman Councilman
1. CALL TO ORDER: 5:00 p.m.
PLEDGE OF ALLEGIANCE: Mayor Werner
ROLL CALL: Council Members Ansari, Papen, Mayor
Pro Tem Harmony and Mayor Werner
2. PUBLIC HEARING:
2.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE
TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8; AND
OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT MAP
32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE
PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND PERMIT
NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND CONDITIONAL
USE PERMIT NO. 92-12; OAK TREE PERMIT NO. 92-9; THE SOUTH
POINT MASTER PLAN - This continued public hearing is to
consider a request for approval of a mixed-use project,
known as the South Pointe Master Plan, consisting of land
uses which include residential, commercial, park, open
space and school facilities. The project site contains
approximately 171 acres and is located north of
Pathfinder Rd., west of Brea Canyon Rd., east of Morning
Sun Dr., and south of Rapid View Dr. The project
proposes to develop 30 acres of commercial retail/office
space of 2 90, 000 sq. ft.; approximately 200 single-family
detached residential dwelling units, a 28 -acre neighbor-
hood park and the construction of a middle school.
The Planning Commission conducted a public meeting to
review project alternatives on May 23, 1994. Project
alternatives are also under consideration. The City
Council has concluded their public hearing and continues
to deliberate on this matter. Continued from June 13,
1994.
Recommended Action: It is recommended that the City
Council take appropriate action.
Requested by: Mayor Werner
3. ANNOUNCEMENTS:
4. ADJOURNMENT:
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3rted both the 1992 and 1993 General Plans that would
velopment of Sandstone Canyon.
conflict of interest when a Councilman votes on an
he could realize a financial benefit. And, approval of
General Plan (which permits the open space map
to be removed), increased the value of the RNP property
from the $275,000 (or $3,526 per acre) purchase price.
reloped value would increase astronomically. It has been
mat the entire SPMP would be worth more than $100
n completed.
i line is that a 78 acre property, which could not be
lue to an open space map restriction, has been master -
to a development project with an estimated future
00 million. Development of this $100 million project was
ipon three events:
Sandstone Canyon under the jurisdiction of the City of
d Bar when the city was incorporated, and
a General Plan that would allow Sandstone Canyon to be
ed.
vely campaigned for Cityhood and to include Sandstone
Diamond Bar. Furthermore, he voted twice to approve
uns which would allow the Canyon to be developed. )
a lever to cause the City Council to remove the map
ons from the RNP property.
developers using the welfare of our children as that
rder to make them, particularly the owner of RNP,
she SPMS principal refused to buy computers for the
merely because she does not have new classrooms in
ouse them?
Why did the School Board illegally spend $750 to p
political video production to incite parents and teachers
even the worst version of the South Pointe Master Plan?
Why has our Walnut Valley School Board pursued
complicated stratagem to get South Pointe Middle Scl
and failed?
WE CAN HAVE BOT:
SOUTH POINTE
MIDDLE SCHOOL
GAZ111
SANDSTONE CANYC
AS
OPEN SPACE
DEMAND THE TRUTH
FROM THE SCHOOL BOARI
kyone in Sacramento confirm the Walnut Valley
assertion that the School District is about to loose
pool Board loaning $1.2 million to a developer they
g for the last three years?
chool Board select a school site with a dangerous
I?
School Board no longer promote its original
h involved only the School's and Arciero's
developer's proposing to "save" land (Arciero's)
n zoned for development and has already been
strayed in exchange for the destruction of land
ne and dedicated by map restrictions to remain
fp's)?
cool Board fighting to build on the South Pointe
its construction and traffic problems when the
property without these development issues at
ilvd. and Brea Canyon Road (known as Site D)?
lchool Board try to make a deal with developers
I into a $100 million housing project?
[man Miller's employee, Carolyn Elfelt, president
mity Club, working so closely with the School
cote development of the RNP land in Sandstone
it to the South Pointe Middle School
kan Miller still have an interest in Sandstone
uncilman Miller engaged in a massive cover-up of
in the South Pointe Master Plan ("SPMP") which
Sandstone Canyon? Although he claims that he no
longer owns RNP Development Inc. ("RNP"), one of the two
developers and owners of the Sandstone Canyon property, Mill
declined to provide documents to support his claim. Mean
Miller voted twice to allow the Sandstone Canyon property
developed. These votes increased the value of that property.
votes appear to be violations of conflict of interest rules.
Miller purchased the Sandstone Canyon property on Decembi
1990. He incorporated RNP on January 29, 1991, informatio
he withheld from the public at taped City Council meetings a
1993 when he repeatedly stated that he didn't know who c
RNP. Then, in August, he contradicted himself and admitted t
had "formed" RNP. He then maintained that he had sold RN
the property to Dwight Forrister in February 1991.
Although Miller did transfer the property to RNP, he has declii
provide any records in order to support his statement that hi
RNP. Although he claims to have been very well rewarded f
sale, Los Angeles County Tax Assessor records show no gain
since Miller acquired the property. Moreover, the deed transf
property bears instructions to mail the deed and tax stateme
Robert L. Rumsey, Miller's father-in-law, at Rumsey's home ai
in Glendora. Additional records link Rumsey to RNP for nes
years after the date Miller claimed that he sold the corporatio
that his and his father-in-law's involvement ceased. Run
address is listed as the corporate address on the following docun
Annotated Draft Environmental Impact Report for South 1
Master Plan dated November 1993;
The Subdivision Application submitted September 24, 1991;
A Deed of Trust and Assignment of Rents dated March 27,
The Planning Commission Agenda dated April 29, 1993.
The Statement by Domestic Stock Corporation filed with the
State of California on September 3, 1992.
Doesn't it appear that Forrister is only the new president of RN
not the new owner? Isn't it reasonable to conclude that Rum!
either the owner of RNP or the agent for the owner of RNP, Mi
ANSARPS PROPOSAL.
1. Allow school to move dirt.
2. Immediately give Arciero a grading permit to move dirt to property.
Conditions:
A. Avoid blue -line stream by bridging stream.
B. Apply for temporary permit from Fish and Game, and the Army
Corps of Engineers to bridge the stream.
C. Do not fill canyon.
D. Allow to build on area away from stream.
3. Proposal #1 is rejected because:
A. Map and deed restrictions must be lifted for project approval.
B. Pathfinders Homeowners Association property would be compromised.
Association was not asked by developer.
C. Roadway is flawed - As suggested, it crosses two landslide areas. That
problem has not been mitigated. Leighton and Associates were concerned
in February 1993, and asked RNP Developers to answer questions. As far
as I know, this has not been addressed.
D. Slope above blue -line stream and canyon has not been addressed -
geotechnically.
E. We are rushing a project through without proper independent studies. We
are forcing our city staff to not be able to investigate this project properly.
F. This project is not consistent with the wishes of the new General Plan being
adopted.
4. Allow RNP Development Company, without prejudice, to withdraw project and
resubmit own project at future date.
5. City does not make school decisions. This is a land issue.
6. We strongly support South Pointe School being built.
SETTLIXM AGREEXZXT
This Settlement (Agreement) is made and entered into on
'c�pP"�_ /�, , 1993, by and among Walnut Valley Financing
Corporation (hereinafter referred to as Walnut), Arciero'& Sons,
Inc. (hereinafter referred to as Arciero, First American Title
Company of Los Angeles (hereinafter referred to as FATCOLA) and the
Walnut Valley Unified School District (hereinafter referred to as_
District).
NBRRIIAB, Arciero sold property to Walnut, now known as the
South Pointe Middle School site (the property) in 1988; and
WXZRZAS, as a condition of the sale of such property, Arciero
was to perform grading on that site, including the placing of soil
on the remaining property of Arciero in accordance with the grading
described in the Environmental Impact Report (EIR) approved by
District; and
WRERRAB, the placing of surplus soil is described in the EIR
as follows:
Fill Disposal Site
The easterly adjacent fill disposal site will
receive excess soil materials derived from the school
site grading. Compacted fill materials will be placed
within the major north to south trending natural drainage
course in thickness varying up to 60+- feet. A 2:1 fill
slope is also proposed at the southerly end of the canyon
to a height of up to 80+- feet. Grading is not planned
at the present time in peripheral areas located beyond
the canyon. Tentative Tract 32404 is ultimately proposed
within the till disposal area; and
1
WHEREAS, Arciero has not at this time completed said grading
and Walnut and District must have such grading completed in order
to construct the permanent South Pointe Middle School; and
WHEREAT, funds for the grading were placed in Escrow Account
No. 884015-DVB with FATCOLA, to be paid out upon receipt and
approval of invoices by Arciero and District; and
WHERDAS, FATCOLA was to withhold tan (104) percent of the
funds for grading for payment to Walnut should the improvements not
be completed by February 28, 1989; and
WBEREAB, there is pending litigation between and among Walnut,
Arciero, and FATCOLA in the Los Angelos Superior Court entitled
Walnyt VAltev Financing CoregrAtign v. First American Titlq
Co%p^ny: Arciero 4 Sona. anA related crone-actions, Case No. EAC
077902; and
WKEREAB, the parties are desirous of settling their dispute
without proceeding to trial;
NOW TMMBFORB, the parties agree as follows:
1. Releases: Walnut, Arciero and FATCOLA agree to mutually
release each other from any and all claims they have against each
other in the aforementioned lawsuit.
2. GrrAinc: Arciero agrees to complete the grading required
in order to construct the permanent South Pointe Middle School site
morally in accordance with the Environmental Impact Report
prepared by W.R. Lind as approved by the Board of Trustees of
Walnut valley Unified school District on January 4, 1988. ,
3. ZVXR. The term of this Agreement shall commence on
the date first written above and shall continue until the
completion of the grading. Arciero shall commence grading upon 30
2
/f
days written notice by District. Such notice shall not be given
prior to August 2, 1993. Said grading shall be completed within 60
working days of commencement. In the event Arciero is prevented
from either commencement or completion of the aforesaid grading by
virtue of injunction, restraining order, or any other sort of
judicial or administrative writ or order, then for each day that
Arciero is so prevented, an additional day in which to complete the
project shall be granted. This license shall be terminated only by
mutual written agreement of Walnut, District, and Arciero.
4. Indemnification of Walnut. Walnut and/or District
shall not be liable for any loss, damage, or injury of any kind or
character to any person or property arising from the use of the
property or any part thereof by Arciero or his agents or employees,
and Arciero shall defend and indemnify Walnut and/or District and
hold it harmless from and against any claims, actions, damages,
liabilities, and expenses in connection with any loss of life,
personal injury and/or damage to any property arising from or out
of any occurrence on, at, or about the property or the occupancy or
use by Arciero or his agents or employees of the property or any
part thereof.
S. =na»rAnee. By the execution of this Agreement,
Arciero warrants that it will maintain general liability insurance
in an amount sufficient to cover its duties of grading and disposal
of dirt under this Agreement and will insure coverage of its
employees for Workers' Compensation Insurance. Certificates of
insurance shall be provided to Walnut prior to the commencement of
work under this Agreement.
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6. permttj. Arciero shall seek and secure any and all
necessary permits of any nature required from any agency having
jurisdiction in order to effect soil placement and grading on the,
property of Arcisro. +
7. Costs of Gradina. Walnut Valley Unified School District
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agrees to fund up to $1,150,000.00, for the grading and disposal of
dirt onto Arciero's property to be accomplished under this
Agreement by Arcisro in exchange for a Note and Third Deed of Trust
to be executed contemporaneously with this Agreement in like amount
on that certain adjoining property now owned and to be developed by
Arciaro and more particularly described as:
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
Parcel 1:
That portion of Section 17, Township 2 South, Range 9
West, San Bernardino Meridian, according to the Official
Plat of the Survey of said land on file in the Bureau of
Land Management described as follows:
Beginning at a point in the West line of said Section 17,
distant South 0.07150" East thereon, 2978.72 feet from
the Northwest corner of said Section 17, said point being
a point in a curve concave to the Southeast having a
radius of 2000 feet (a radial line of said curve, at said
point bears South 35003105" East); thence Northeasterly
along said curve 245.52 feet to end of same); thence
North 61.58155" East tangent to said curve 1128.22 feet
to the beginning Of a tangent curve concave to the
Southeast having a radius of 2000 feet; thence
Northeasterly along said last mentioned curve 379.71 feet
to the end of same; thence North 72051135" East, tangent
to said last mentioned curve; 582.52 feet, more or less
to the Westerly line of the land described in deed to
Gloria 0. Monroe and Vida H. Monroe, recorded as
Instrument No. 1654 on September 10, 1947 in Book 25076,
Page 238 Official Records of sail county; thence along
the boundaries of said land of Monroe, the following
bearings and distances; South 17008125" East, 50 feet,
South 7.17142" East 1239.53 feet; South 31034f27" East
615.37 feet and South 79030112" East 1238.87 feet more or
less to the Westerly line of Brea Canyon Road, 100 feet
wide as described in deed to the State of California,
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