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HomeMy WebLinkAbout05/05/1992 - Minutes - Regular Meeting1. 2. 3. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 5, 1992 CLOSED SESSION: 5:00 p.m. Personnel - G.C. 54956.9 Litigation - G.C. 54956.9 Property Acquisition - 54956.8 No reportable action taken. CALL TO ORDER: M/Kim called the meeting to order at 6:05 p.m. in the Council Chambers, AQMD Auditorium, 21865 E. Copley Dr. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Kim. ROLL CALL: Mayor Kim, Mayor Pro Tem Papen, Councilmen Forbing, Miller and Werner. Also present were Robert L. Van Nort, City Manager; Terrence L. Belanger, Assistant City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Director of Community Development and Lynda Burgess, City Clerk. COUNCIL COMMENTS: C/Forbing thanked everyone for their participation during the City's 3rd Anniversary celebration. C/Miller announced that the City's contract with the County for weed abatement would be amended to provide for removal by private firms in an effort to improve services. MPT/Papen stated that she and the City Manager had been in Sacramento to support legislation on property tax and land for the high school. She indicated that both bills had passed through the Senate Appropriations Committee and would be going to the Senate floor in about 10 days. Following approval by the Senate, the bills would go to the House. M/Kim reported that during the rioting in Los Angeles and Pomona, no incidents were reported in the City. 4. PUBLIC COMMENTS: Don Gravdahl, 23988 Minnequa, representing the Historical Society, thanked the Jaycees, the D.B. Improvement Assn. and other committee members for their assistance in putting together the City's 3rd Anniversary Celebration. Entertainment included bands from South Pointe and Lorbeer, the choir from Chaparral, the Sunshine Generation and D.S./Walnut Theatre Group. Donations were received from Lucky's, Albertson's, Ralphs, Vons and Alpha Beta. He further expressed gratitude to Kellee Fritzal, Administrative Assistant, for her support and participation in coordinating the program. In regard to advertising events such as these, he suggested that banner poles be considered for installation on Diamond Bar Blvd. MAY 5, 1992 5. PAGE 2 In response to comments by William Gross, 21637 Highbluff Rd., M/Kim stated that the Council had not yet awarded a contract to any waste hauler and will not until negotiations are complete and the Council has approved a contract. Frank Dursa, 2533 Harmony Hill Dr., requested that the Council again consider imposing term limitations on Council members. Red Calkins, 240 Eagle Nest Dr., thanked the City and Caltrans for participating in the removal of graffiti on freeway signs and for the installation of wire to protect the signs. He reported that Code Enforcement activities do not appear to be taken seriously by the Code Enforcement Officer and suggested that this person be replaced by the City. CONSENT CALENDAR: MPT/Papen requested that the Warrant Register be withdrawn from the Consent Calendar. C/Forbing moved, MPT/Papen seconded to approve the Consent Calendar with the exception of Item 5.3. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSTAIN: COUNCILMEN - None 5.1 SCHEDULE OF FUTURE EVENTS: 5.1.1. Fire Station No. 119 Open House - May 9, 1992 - 10:00 to 5:00 p.m., 20480 Pathfinder Rd. 5.1.2 Planning Commission General Plan Public Hearing - May 11, 1992 -- 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.3 Sheriff's Quarterly Breakfast - May 12, 1992 - 7:00 a.m., AQMD, 21865 E. Copley Dr. 5.1.4 City Council Meeting - May 19, 1992 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 APPROVAL OF MINUTES 5.2.1 Regular Meeting of April 7, 1992 - Approved as submitted. 5.2.2 Regular Meeting of April 21, 1992 - Approved as submitted. 5.4 PLANNING COMMISSION MINUTES 5.4.1 Regular Meeting of March 23, 1992 - Received and filed. 5.4.2 Regular Meeting of April 13, 1992 - Received and filed. 5.5 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - 5.5.1 Regular Meeting of March 12, 1992 - Received and filed. 5.5.2 Regular Meeting of April 9, 1992 - Received and filed. MAY 51 1992 PAGE 3 5.6 Parks & Recreation Commission Minutes - 5.6.1 Regular Meeting of March 12, 1992 - Received and filed. 5.6.2 Special Meeting of March 19, 1992 - Received and filed. 5.7 CLAIM FOR DAMAGES - Denied Claim for Damages filed by Sherry Ann Tyree April 4, 1992. 5.8 EXONERATED SURETY BOND POSTED FOR WATER SYSTEM - Located on Tract No. 42533, Montefino Condominiums, in the amount of $114,000. 5.9 EXONERATED SURETY BOND POSTED FOR WATER IMPROVEMENTS - Located on Tract No. 42533, Montefino Condominiums, in the amount of $120,000. 5.10 REDUCED SURETY BOND POSTED FOR TRACT NO. 36741 WATER SYSTEM IMPROVEMENTS - Montefino Condominiums for drainage, sewer, road and water system improvements in the amount of $94,000. 5.11 ADOPTED RESOLUTION NO. 92-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE ANNEXATION OF CERTAIN LANDS INTO THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38; DECLARING ITS INTENTION TO ANNEX LANDS INTO SAID DISTRICT; AND FIXING A TIME AND PLACE FOR HEARING OF OBJECTIONS THEREON. 5.12 ADOPTED RESOLUTION NO. 92-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1992-93; AND FIXING A TIME AND PLACE FOR HEARING OF OBJECTIONS HEREON. 5.13 ADOPTED RESOLUTION NO. 92-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1992--93; AND FIXING A TIME AND PLACE FOR HEARING OF OBJECTIONS THEREON. 5.14 ADOPTED RESOLUTION NO. 92-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE MAY 51 1992 PAGE 4 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1992-93; AND FIXING A TIME AND PLACE FOR HEARING OF OBJECTIONS HEREON. 5.15 AWARDED CONTRACT FOR STREET TREE TRIMMING SERVICES - West Coast Arborists, the lowest bidder, in the amount of $36,590. 5.16 ADOPTED RESOLUTION NO. 92-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING AND DIRECTING INSTALLATION OF NO PARKING SIGNS ON THE EASTERLY SIDE OF BREA CANYON ROAD FROM COLIMA ROAD/GOLDEN SPRINGS DRIVE TO 310 FEET NORTH OF WESTBOUND ROUTE 60 OFF -RAMP. 5.17 APPROVED AGREEMENT REGARDING ACTING CITY MANAGER POSITION - Appointed Terrence L. Belanger, Assistant City Manager, to the position of Acting City Manager effective May 18, 1992 to September 8, 1992. 5.18 APPROVED MEMBERSHIP OF CHINO HILLS IN SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY - Authorized Councilman Forbing to execute the consent form on behalf of the City as the City's delegate to the Authority. WITHDRAWN FROM CONSENT CALENDAR: 5.3 WARRANT REGISTER - C/Werner asked if the City Attorney had reviewed the request. CA/Arczynski stated that a memorandum had been submitted to the City Manager indicating that it was a valid payment for the Council to consider. C/Forbing moved, C/Miller seconded to approve Warrant Register dated May 5, 1992 in the amount of $182,283.40. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Forbing, M/Kim NOES: COUNCILMEN - Werner ABSTAIN: COUNCILMEN - MPT/Papen 6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 6.1 CERTIFICATES OF APPRECIATION AND CITY TILES - Presented to Members of the General Plan Advisory Committee in Recognition of their services to the City in formulating the General Plan. 6.2 CERTIFICATES OF APPRECIATION - Presented to team members from New Liberal Arts Clinic of Claremont Colleges for their study of electro -optical applications in cooperation with GTE and AQMD. MAY 51 1992 PAGE 5 New Liberal Arts Clinic team leader Stewart Winkler, members Zulema Cervantes, Joyce Chen, Andrew Altholtz, Ashish Patel, and Scott Palmer discussed their research and findings. 6.3 PROCLAMATIONS: 6.3.1 Proclaimed May 9, 1992 as "Fire Service Day." Asst. Fire Chief Bob Lee accepted the proclamation and announced that an Open House would be held at Station 119 on Saturday, May 9 and invited the City Council, staff and the public to drop in. 6.3.2 Proclaimed May, 1992 as "Goodwill Industries Month . " 6.3.3 Proclaimed May 3-9, 1992 as "Victims of Pornography Week." 6.3.4 Proclaimed May 4-10, 1992 as "Public Service Recognition Week." 6.3.5 Proclaimed May 6-12, 1992 as "Hire -a -Veteran Week" - Presented to Mr. John Gili. 6.3.6 Proclaimed May 13, 1992 as "Teacher Appreciation Day" - Presented to Scott Tharp on behalf of Yvonne Sevilla, W.V.U.S.D. Teacher of the Year and Sue Williams, P.U.S.D. Teacher of the Year. 6.3.7 Proclaimed May 18-22, 1992 as "Classified Employee Week." Presented to Scott Tharp on behalf of Gail Fowler, W.V.U.S.D. Classified School Employee and Tom Hollister, P.U.S.D. Classified School Employee. 6.3.8 Proclaimed May 17-23, 1992 as "National Public Works Week." RECESS: M/Kim recessed the meeting at 7:10 p.m. RECONVENE: M/Kim reconvened the meeting at 7:23 p.m. 7. PUBLIC HEARINGS: 7:00 p.m. or as soon thereafter as matters can be heard. 7.1 APPEAL OF PLANNING COMMISSION RECOMMENDATION FOR DENIAL OF TENTATIVE PARCEL MAP NO. 22986 (TPM) AND DENIAL OF DEVELOPMENT REVIEW (DR) 92-1 - CDD/DeStefano reported that this matter was an appeal of a Planning Commission recommendation to deny a tentative parcel map and development review for a 6,000 sq. ft. office building. He indicated that a number of letters had been received opposing the project due to inconsistency of land uses and/or concern over inadequacy of Sunset Crossing to handle parking or traffic demands. The applicant expressed a desire to have the project reconsidered with a new design eliminating some of the Sunset Crossing concerns but new drawings were not available for Commission review. He recommended that the Planning MAY 5, 1992 PAGE 6 Commission's denial of TPM 22986 and Development Review 92-2 be upheld. In response to C/Miller's questions, CDD/DeStefano stated that he believed the appeal was a means to continue public discussion of the merits of the project. C/Miller stated that he felt that the Council should deal with what was denied and not with new designs or stan- dards not reviewed by the Commission. MPT/Papen stated that Item F, Page 2 of Resolution No. 92-11 discusses findings that the small developable area would be out of character with commercially -developable properties in the area of the site. CDD/DeStefano stated that the concern is that the project is on a "remnant" lot and that there appears to be a desire to construct a commercial building facing Sunset Crossing. Sunset Crossing at Navajo Springs is resi- dential in character and it is felt that this type of commercial building would be inconsistent with the neighborhood. C/Werner stated that he had seen a map of the property with a slope overlay on that part of the property, a restriction or slope easement. CDD/DeStefano stated that he was not familiar with a slope overlay but was aware of a possible slope mainten- ance easement. Further, he was not aware of any building restriction or other types of restrictive easements for utilization of the property. In response to M/Kim's question development, CDD/DeStefano stated patible would be residential such match the slopes versus the slopes home. M/Kim opened the Public Hearing. regarding compatible that the most com- as a home designed to designed to match the David Hyala, 140 Olinda Pl., Brea, stated that the Planning Commission had not reviewed the latest site plan design and felt that the project was unfairly denied based on parking problems in the area. He pointed out that they are proposing eight more spaces on the lower lot. CA/Arczynski stated that this was an appeal and review of a recommendation of denial of the subdivision for which a specific application was filed. Not before the Council is new parking arrangements, reduction in the scope of the building, etc. If the applicant wishes to take it back to the Planning Commission, he should withdraw the MAY 5, 1992 PAGE 7 application and submit a new application with the changes. Fred Janz, 2683 Shady Ridge, applicant, addressed the Planning Commission's concerns and stated that he had collected 114 signatures indicating support of the project, 25 of the which were residents of the apartments across the street. CA/Arczynski stated that if the applicant wishes to withdraw the application and the Council concedes, then the application would be withdrawn either with or without prejudice. If it is withdrawn without prejudice, the applicant could file a new application and start the process all over. C/Forbing asked if Mr. Janz would be willing to request a withdrawal without prejudice so that the matter could again be reviewed by the Planning Commission. Mr. Janz stated that he would. The following persons spoke in opposition to the project: William Stidston, 522 Navajo Spring Rd. Don Gravdahl, 23988 Minnequa C/Forbing, C/Miller and MPT/Papen concurred with M/Kim to suspend the public hearing temporarily. C/Forbing moved, C/Miller seconded to accept the applicant's request to withdraw the tentative map and appeal of denial of the development review without prejudice. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Werner, Forbing, Miller, M/Kim NOES: COUNCILMEN - MPT/Papen ABSENT: COUNCILMEN W None Joe Becker, resident, spoke in opposition to the Council's decision. 7.2 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 895511 LOCATED ON A 4.5 ACRE SITE LOCATED AT 800 SOUTH GRAND AVE., DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF - CDD/DeStefano reported that this request was for approval of Tentative Tract Map No. 51079 and amendment to CUP No. 89-551 to consider conversion of an existing (under construction) 54 -unit apartment complex located at 800 S. Grand Avenue, for the purpose of individual unit ownership. The Planning Commission recommended approval MAY 5, 1992 PAGE 8 of both actions. One of the issues raised during Planning Commission review was whether or not garages should be provided for the development. After an analysis incorporating input from the Sheriff's Department, it was agreed that carports should be provided for half of the proposed parking spaces and that security gates should be provided at the entrance to the site. Through conditions of approval, the Planning Commission recommended that those measures be incorporated into the site design and development and that the City Council approve the amendment to the CUP and the Tentative Tract Map. C/Werner stated that he would like to see the median strip relandscaped and asked for staff input on this and the parking issue. In addition, because of the closeness of the patios to Grand Ave., he requested that there be regulations to prevent the storage of freezers, hanging of laundry, etc. and asked that the City Attorney supply the wording for it. He also suggested that the landscaping proposed for Grand Ave. be doubled. He further stated that he had a problem with the addition of security gates. CDD/DeStefano stated that a grouping of trees is proposed for the public right-of-way at the street, as well as trees to be placed at the main entrance and throughout the site. Slopes are to be replanted with a hydra -seed mix of a variety of things and a shrub plan is proposed incorporating a variety of plantings and ground covers throughout all the trees. C/Werner requested that trees be no smaller than 15 gallon and include 24" to 36" box specimen trees. MPT/Papen stated that the project was designed as apartments, without washer and dryer hookups, garages and storage facilities for any unit. Further, she has requested staff to set up criteria for condominiums to require garages with automatic openers. She also expressed concern that if a security gate is installed, cars could stack up into the street awaiting entrance. CDD/DeStefano stated that the Planning Commission was concerned that if two -car garages were required, open space on the site would disappear in addition to the financial feasibility of proceeding with the project. Following Commission discussion, it was agreed that a gate be required with the provision of visitor parking outside the gate. MPT/Papen stated that she was very concerned over the lack of storage areas and that if the City mandated installation of garage door openers, residents would be more likely to park their cars in the garages rather than MAY 5, 1992 PAGE 9 using them for storage. She further stated that according to the staff report, Grand Ave. will be striped 100 ft. for a deceleration lane into the project and if that is the case, the apron of the driveway would require widening to allow room for stacking on the property. In response to C/ForbingIs question, CDD/DeStefano stated that the gate was proposed to be located 80 to 90 ft. from the street, which would allow for approximately four cars for stacking. Ricky Chang, 24250 Barker Dr., stated that when he and his partners bought the land, they were unaware of the controversy surrounding construction of the apartments and after speaking with City staff, they felt that it would be better to convert the project to condominiums. He further stated that washer/dryer hookups for stacking units have already been installed and that they would be willing to provide more extensive landscaping. C/Miller stated that he felt Council would like to see documentation regarding the items proposed before making a decision and felt that the matter should be continued until then. Mr. Chang stated that during rush hour traffic, both in the morning and evening, the security gate would remain open to alleviate car stacking. C/Werner asked for a list of the applicant's other projects by the next meeting so that he could check them out. MPT/Papen asked if they would be willing to construct garages. Mr. Chang stated that they have looked into constructing garages but felt that it would look unattractive. The units range in size from 900 to 1115 sq. ft. and are proposed to sell for approximately $140,000 each. RECESS: M/Kim recessed the meeting at 9:30 p.m. RECONVENE: M/Kim reconvened the meeting at 9:44 p.m. and re -opened the Public Hearing. The following spoke in opposition to the project: Al Rumpilla, 23958 Golden Springs Rd. Martha Bruske Bill Tinsman Frank Dursa, 2533 Harmony Hill Dr. With no further testimony offered, M/Kim closed the Public Hearing. MAY 5, 1992 PAGE 10 C/Werner suggested that the matter be held over to allow staff to come back with an assessment on how the project fits in with the Housing Element so that if Council is inclined to approve the conversion, it can be done and serve to accomplish some of the Element's objectives. He further stated that he would like to see incorporated additional landscaping, minimum one -car garages with automatic openers and more amenities. C/Werner moved, MPT/Papen seconded to continue the matter to May 19, 1992. CA/Arczynski requested that the applicant indicate his concurrence with the request to continue the item. Mr. Chang indicated that he concurred with Council's request for a continuance. With the following Roll Call vote, motion was defeated: AYES: COUNCILMEN - Werner, MPT/Papen NOES: COUNCILMEN - Forbing, Miller, M/Kim ABSENT: COUNCILMEN - None C/Miller moved, C/Forbing seconded to direct staff to prepare resolutions of approval with findings, conditions and mitigation measures to be brought back to Council at the next meeting with the applicant to supply the entry area designs showing stacking, storage areas, specifica- tions on the washer and dryer facilities, a focused design on the Grand Ave. landscaping and when it comes back, an indepth study on that so Council can guarantee screening and that the subdivision application be changed to read "Walnut School District." C/Werner asked for clarification as to storage areas. C/Miller stated that the applicant had stated that they were designing storage areas for each unit that would accommodate storage and that he would like to see a design as to how they are being provided. Further, that the condition restricting usage of patio walls for laundry, etc. be included. He reported that signaliz- ation had been agreed upon and that the entrance would be modified to provide safe ingress and egress. CA/Arczynski stated to the applicant that the motion on the floor was to approve the project and bring back the formal resolutions approving the project in two weeks. Included within that are additional requirements for additional landscaping, storage and other items that have been addressed and asked if it was acceptable. Mr. Chang stated that it was. MAY 5, 1992 PAGE 11 With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN - Werner ABSENT: COUNCILMEN - None C/Werner asked that the record state that his "No" vote was not against condominiums but about converting an apartment project without adequate facilities from the developer. S. ANNOUNCEMENTS: C/Werner announced that a number of residents have been assisting riot victims in the South Central L.A. area and that help is needed in shuttling people to various places. Persons interested in helping should contact Mike Goldenberg. 9. ADJOURNMENT: With no further business to conduct, M/Kim adjourned the meeting at 10:25 p.m. LYNDA BURGESS, City Clerk