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HomeMy WebLinkAbout11/13/1990 Minutes - Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 13, 1990 CALL TO ORDER: M/Werner called the meeting to order at 3:00 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 Assemblyman -elect Horcher. ROLL CALL: Councilmembers Papen, Horcher and Kim, Mayor Pro Tem Forbing, Mayor Werner. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski, Assistant City Manager Terrence L. Belanger, City Planner James DeStefano, Consultant Planner Irwin Kaplan and City Clerk Lynda Burgess. COUNCIL COMMENTS: M/Werner stated that the W.V.U.S.D. will be meeting regarding Site "D" on December 12, 1990 in the School District Board Room. He encouraged interested citizens to attend and make their feelings known to the Board. He then congrat- ulated C/Horcher on winning the Assembly seat for the 52nd District and extended birthday wishes to C/Papen. PUBLIC COMMENTS: Mr. Frank Dursa, 2533 Harmony Hill Dr., reported that a significant amount of graffiti exists on the 60 fwy. and suggested that the City contact CalTrans to see.if something can be done. Mr. Jim Paul, 1269 Ahtena Dr., requested that the City continue to work with the Walnut Post Office so that residents in Area A may use "Diamond Bar" in their addresses instead of "Walnut." CONSENT CALENDAR: C/Kim moved, seconded by C/Papen to approve the Consent Calendar with the exception of discussion regarding Commission Handbooks. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Papen, Kim, Horcher, MPT/ Forbing, M/Werner AYES: COUNCILMEN - None ABSENT: COUNCILMEN - None Schedule Future A. Thanksgiving Holiday - City Offices closed Meetings November 22nd & 23rd B. Planning Commission Meeting - November 26, 1990 - 7:00 p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave. k C. Parks & Recreation Commission - November 26, 1990 - 6:30 p.m., City Hall D. Regular City Council Meeting - December 4, 1990 - 6:00 p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave. NOVEMBER 13, 1990 PAGE 2 Warrant Register Approved Warrant Register in the amount of $253,015.21. Minutes Approved Amended Minutes of Regular Meeting of October 16, 1990 and Council/Chamber Retreat of October 30, 1990. Resolution 90-93 Adopted Resolution No. 90 - 93 entitled: Approving App. for A RESOLUTION OF THE CITY COUNCIL OF THE Grant Funds - CITY OF DIAMOND BAR APPROVING THE Environmental APPLICATION FOR GRANT FUNDS FOR THE Enhancement & ENVIRONMENTAL ENHANCEMENT AND MITIGATION Mitigation Pgm. PROGRAM UNDER THE SECTION 164.56 OF THE for Truck Climbing STREETS AND HIGHWAYS CODE 1989 FOR THE Lane STATE 60 FREEWAY TRUCK CLIMBING LANE. Resolution 90-94 Adopted Resolution No. 90-94 entitled: Approving App. for A RESOLUTION OF THE CITY COUNCIL OF THE Grant Funds - CITY OF DIAMOND BAR APPROVING THE Environmental APPLICATION FOR GRANT FUNDS FOR THE Enhancement & ENVIRONMENTAL ENHANCEMENT AND MITIGATION Mitigation Pgm. PROGRAM UNDER SECTION 164.56 OF THE STREETS for Roadside AND HIGHWAYS CODE 1989 FOR ROADSIDE Recreation RECREATION Bond Exonerations Exonerated Bond No. ASI 100 224 - Road i^I Tract 31941 Improvements, Tract No. 31941; Bond No. ASI i-- Tract Tract 42580 100 198 - Road Improvements, Tract No. 42580; Tract 42583 and, Bond No. ASI 100 209 - Road Improve- ments, Tract No. 42582. MATTERS DELETED FROM CONSENT CALENDAR: Commission Admin. Analyst Kellee Fritzal stated that, to Handbooks assist Commissioners in carrying out their assigned duties, staff prepared Handbooks relevant to each Commission based on Ordinances adopted October 16, 1990. She indicated that modifications to the Handbooks include procedures concerning Commission vacancies caused by vacancies on the Council, added to the Handbook under the topic of "Membership". Said procedures will direct that Commission vacancies be filled 90 days after the Council seat is filled. The second modification, concerning reimbursement on Page 7, will read "seminars and conferences will need prior City Council approval," "and other reimbursable expenses will need City Manager approval." On Pages 10 and 11 under Commission Role, the following will be added - "Commissions with direct requests that are not made at the Commission meetings will be directed to the City Manager." NOVEMBER 13, 1990 PAGE 3 C/Papen moved, MPT/Forbing seconded to approve the Handbooks as amended. Motion carried unanimously. SPECIAL PRESENTATIONS: Certificate of M/Werner stated that he would be presenting a Recognition - Certificate of Recognition to Scott A. Kneeland on Scott A. Kneeland November 18, 1990 for achieving the rank of Eagle Scout. Plaque - M/Werner presented C/Horcher with a plaque for Outstanding outstanding dedication to the City as a member of Dedication - the first City Council. Paul V. Horcher C/Horcher thanked the Council for the honor and stated that he would be resigning his Council seat effective December 2, 1990. He further stated that his door will always be open to the community. NEW BUSINESS: City Council CM/Van Nort reported that the; vacancy left by C/ Vacancy Horcher could be filled by 1) appointment within f 30 days of the vacancy to fill the unexpired term or 2) calling for an election. He suggested the following appointment procedure: each Councilmember could nominate up to two persons, each of whom could be interviewed in an open session before the public and City Council. Then after December 2nd, an appointment could be made by the four remaining Councilmembers. If an election is deemed necessary, it would be held in June 1991. Mr. Al Rumpilla, 23958 Golden Springs, suggested that since the City conducted an election last April, that the person chosen to fill the vacancy should be the person who received the next highest number of votes in April. Mr. Jim Paul, 1269 Ahtena Dr., supported Mr. Rumpilla's suggestion because it would save the City money. Mr. Bob Baloo, 24242 Sylvan Glen, also supported Mr. Rumpilla's suggestion. •— Ms. Lydia Plunk, 1522 Deerfoot Dr., stated that she would like to be appointed to fill the vacancy. NOVEMBER 13, 1990 PAGE 4 M/Werner suggested that the Council use an appointment procedure as suggested by the City Manager; however, should the Council be unable to agree on an appointment, the Council could adopt, as a contingency measure, the recommendations made by Mr. Rumpilla, et al. Following discussion, C/Kim moved, MPT/ Forbing seconded for each Councilmember to nominate two persons to the Council seat vacancy and schedule open interviews on Thursday, November 29 from 2:00 to 4:00 p.m. By a vote of 4 to 1, C/Papen voting No, the motion carried. It was further agreed that each Councilmember M/Werner opened the Public Hearing. would submit up to two names to the City Clerk in a sealed envelope by November 28, 1990. PUBLIC HEARINGS: Ordinance 14A (1990) CA/Arczynski presented Ordinance 14A estab- Establishing lishing standards for hillside property Standards for developments with slopes in excess of certain Hillside percentages. Property Developments Mr. Irwin Kaplan, Planning Consultant, recom- mended several amendments to the Ordinance and that it be extended. He stated that there is agreement that development should be continued on hillsides and that the primary issue is the form of development, in that it should respect the natural terrain. It was further recommended that the slope density portion be removed. He emphasized that standards must be enforced in order to maintain the spirit of the Ordinance. He further recommended that the County Ordinance adopted by the City when incorporated be included in this Ordinance so that the two can work in conjunction with each other. Small sites which have limited opportunity to be designed in accordance with the Ordinance would be subject to a variance procedure so that the Commission could vary from standards contained in the Code. He stated that it is staff's opinion that in order to make the ordinance work, it depends upon the planning of larger areas and that adjacent property owners need to work together. M/Werner opened the Public Hearing. NOVEMBER 13, 1990 PAGE 5 Mr. John W. Hosea, 24321 Darrin Dr., asked for a clarification as the meaning of "relatively small sites." He also questioned why it was proposed that the Ordinance downsize to a l0% slope versus the existing 25% slope and what if that portion of the site that doesn't conform to a 10% grade isn't subject to grading. Mr. Kaplan answered that the parcels referred to are isolated parcels that are surrounded by other developments leaving the opportunity to plan rela- tively limited, so that grading on the parcel would be restricted. The 10% slope is a valid trigger that would bring these issues up for discussion. When the Planning Commission reviews a Tentative Map, they must review the whole parcel, not just a portion of the site. Mr. Peter Byler, Pfeiler & Assoc. Engineers, 612 N. Diamond Bar Blvd., stated that he has five projects pending that may have a problem due to the Ordinance and is, therefore, opposed to it. Mr. Cecil Mills, Executive V.P. of Diamond Bar Assoc., stated that, with some minor modifica- tions, he would support the Ordinance. Modifi- cations could include those suggested by staff deletion of the slope density formula and main- tenance within the bounds of the ordinance and an exception clause to allow people who run afoul of it to request and establish a justification for some minor modification of compliance with the Ordinance. Mr. Al Dayton, Pfeiler & Assoc., also spoke in opposition to the Ordinance and distributed copies of a letter to each Councilmember. Mr. Al LoPeter, 23955 Ridgeline Rd., stated that he had met with Mr. DeStefano and Mr. Kaplan regarding the removal of the density aspect of the Ordinance and that he was in favor of the land form grading, but that he felt that there will have to be some compromises made by all parties. With no further testimony being offered, M/Werner closed the Public Hearing. • �-- M/Werner asked staff if, on Page 6 of the amended version of the Ordinance, there is still a provision regarding the minimum percent of sites remaining in a natural state or to be developed solely for recreational purposes, why it is still included and for what purpose? NOVEMBER 13, 1990 PAGE 6 Mr. Kaplan stated that it was left in to try and maintain the intent of what is to be accomplished and if it can be done without that clause, it will eventually be deleted. M/Werner suggested that a clause be inserted that would allow interpretations where there are internal conflicts and lean more toward a restrictive provision which would prevail; or interpretations subject to the City Engineer for engineering questions. C/Papen asked Mr. Kaplan when the Planning Commission will have a complete Ordinance. PD/DeStefano stated that the General Plan, which will set forth the overall goals and policies, should be brought back before the Council by the end of the year or early in January. CA/Arczynski presented for reading by title only and adoption, Ordinance No. 14A (1990) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE TERM OF AN INTERIM ZONING ORDINANCE, ORDINANCE NO. 14 (1990) PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858 AND MAKING FINDINGS IN SUPPORT THEREOF. Following further discussion C/Kim moved, C/Horcher seconded to waive full reading and adopt Ordinance No. 14A (1990). With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Kim, Horcher, Papen, MPT/Forbing and M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None It was agreed that the staff report would be formally issued as the Council's Report of Actions on this matter. Ordinance 15A (1990) PD/DeStefano, Planning Director, stated that Pd'rtaining to CM, Ordinance No. 15A was designed to extend the Commercial interim standards for an additional period of Manufacturing Zone time. The proposal affects only property located within the Commercial Manufacturing Zone. Those properties allow for develop- ments that include commercial, retail, offices, hotels, restaurants, general manufacturing and retail service related uses. The CM zone is spread throughout NOVEMBER 13, 1990 PAGE 7 approximately five different locations within the community which include a portion of property on Diamond Bar Blvd. in the north Diamond Bar loca- tion, between the Der Wienerschnitzel and the bowling alley, Grand Ave. and Golden Springs, Gateway Center, Lycoming near Lemon and the existing mobile home park at the end of Washington St. as it intersects with Brea Canyon Rd. A variety of uses have been removed including most of those that relate to service industries, assembly and manufacturing in order to focus on commercial/retail. He recommended that the Council extend the Ordinance until October 16, 1991. M/Werner opened the Public Hearing. M/Werner stated that the City had received letters in opposition to Ordinance No. 15A from Mrs. Tina Lucero, Mr. David Whittmore, Mr. and Mrs. C. Michael Strano and Ms. Connie Ann Reza. Mr. Randy Hurtle, 2503 Terryline Ln., Hacienda Heights, employed by Majestic Realty and repre- senting the Calvary Chapel, stated that the church is desirous of purchasing a 10 acre site on Grand Ave. and Golden Springs to build a chapel. He expressed his opposition to the Ordinance. Mr. Jose Valeriano, 157 Cottonwood Cove Dr., and Ms. Georgiana Rodriguez, 245 Cottonwood Cove, were also opposed to the Ordinance. C/Horcher asked staff how many commercial parcels would be affected by the ordinance and PD/ DeStefano replied that total commercial parcels amount to approximately 180 to 200 acres which may be four dozen parcels. Ms. Debbie Meda, Chief Counsel for Downey Savings, spoke in opposition to the Ordinance. Pastor Wayne Lewry, Faith Wesleyan Church, 22602 Birdseye Dr., spoke in opposition to the Ordinance. Ms. Connie Reza, 600 "D" N. Golden Springs Dr., stated that having Calvary Chapel on the corner site of Golden Springs and Grand Ave. f would reinforce the City's ability to have both retail and a church at this site. NOVEMBER 13, 1990 PAGE 8 Mr. Brook Morris, Trammell Crow Co., 625 City Dr., Orange, Ca., a commercial developer, stated that he was asked by Majestic Realty to give his opinion as to the feasibility of using the Grand and Golden Springs property as a retail site. His opinion was that he would not want to build a retail center, due to retailer competition and visibility and access would preclude utilizing more than 100,000 to 150,000 sq. ft. of the site. Mr. Jerry Norris, representing Downey Savings, spoke in support of the Calvary Chapel. Al and Tina Zamora, 22843 Ironbark, spoke in favor of Calvary Chapel. Mr. Bruce Sternhow, 1701 Acacia Hill, spoke in favor of the chapel and was not in favor of extending the Ordinance. Ms. Dave Carlson, 410 Carpio, also spoke in favor of Calvary Chapel. Mr. Jim Paul, 1269 Ahtena Dr., also supported the Calvary Chapel. With no further testimony being offered, M/Werner closed the Public Hearing. RECESS: M/Werner recessed the meeting at 5:10 p.m. RECONVENE: M/Werner reconvened the meeting at 5:25 p.m. M/Werner introduced Sid Mousavi, the new City Engineer and indicated that Mr. Mousavi would be joining the City on December 4, 1990. Mr. DeStefano stated that one of the Council's options would be to carve out the property being sought after by Calvary Chapel and allow it to process via a CUP. A second alternative would be to allow it "by right;" that it wouldn't require any special review by the Commission or the Council, just simply permitted with the issuance of a building permit for modifications that the structure might need. NOVEMBER 13, 1990 PAGE 9 C/Papen moved, M/Werner seconded to adopt Ordinance No. 15A (1990) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE TERM OF AN INTERIM ZONING ORDINANCE, ORDINANCE NO. 15 (1990) PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858 AND MAKING FINDINGS IN SUPPORT THEREOF. Further, staff was directed to draft a Zoning Ordinance Amendment for review at the earliest opportunity by the Planning Commission to allow for a CUP process to allow churches and related uses. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Horcher, Papen, Kim, MPT/ Forbing and M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None It was agreed that the staff report would be formally issued as the Council's Report of Actions on this matter. NEW BUSINESS (Cont.) ^I Ordinance 16 CC/Lynda Burgess stated that, at the request of (1990) Directing MPT/Forbing, research was conducted to deter - General Muni. mine whether or not consolidation of City Elections be elections with the County of L.A. is a viable Held on the alternative to conducting elections alone. Same Day as Research obtained from the City of Walnut had been School Board updated to indicate the experiences of a number of Elections other cities or agencies who have conducted consolidated elections in the recent past. C/Papen suggested that the matter be continued. MPT/Forbing stated that he felt that the matter should be discussed and action taken. He felt that consolidating the election with the County not only would save the City money but also provide an increase in voter turnout. Following discussion, MPT/Forbing moved, C/Horcher seconded to waive full reading of Ordinance No. 16 (1990) and accept by title only. Motion carried unanimously. MPT/Forbing moved, C/Horcher seconded to adopt Ordinance No. 16 (1990) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DIRECTING THAT GENERAL MUNICIPAL ELECTIONS OF THE CITY OF DIAMOND BAR BE HELD ON THE DAY OF SCHOOL DISTRICT ELECTIONS. NOVEMBER 13, 1990 PAGE 10 With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Horcher, MPT/Forbing and M/Werner NOES: COUNCILMEN - Papen, Kim ABSENT: COUNCILMEN - None OLD BUSINESS: Resolution 90-95 C/Horcher and MPT/Forbing left the meeting Establishing Permit due to possible conflicts of interest. System for Collection & Disposal of ACM/Belanger reported on the possible estab- Solid Waste lishment of a permit system for collection and disposal of solid waste as a follow-up to the report that was presented to the City Council at the November 6 meeting. He stated that it was staff's recommendation to adopt a permit proposal process. In the Resolution however, sections 5.1, 5.2 and 5.3 are blank regarding establishment of fees due to the need for a Public Hearing prior to the estab- lishment of fees. The second recommendation would be for the Council to set a Public^' Hearing on December 4, 1990 to discuss establishment of fees under the Resolution. - In response to C/Papen's inquiry, ACM/ Belanger stated that there are now ten waste haulers doing business in the City. Mr. David Cope, 316 S. Del Sol Ln., stated that he felt that any fee charged would filter down to the customer. C/Papen moved, C/Kim seconded to adopt Resolution No. 90-95, as amended, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PERMIT SYSTEM FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE. Motion carried (MPT/Forbing and C/Horcher were absent.) j Solid Waste ACM/Belanger stated that this report had been Collection brought back from the April 14, 1990 meeting. Disposal Staff's recommendation was to terminate the Franchise RFP currently suspended solid waste collection and disposal franchise RFP process and direct — staff to prepare a solid waste collection and disposal franchise proposal utilizing a bid specification type format to be issued in late Spring 1991. NOVEMBER 13, 1990 PAGE 11 Mr. Al Simonian, 3005 Leticia Dr., Hacienda Heights, stated that if the City goes out for RFPs and awards a contract next year, a five-year wind - down period will exist. How does the vested right element of the bill come into play --with the new permits or companies applying for the permits? Mr. Mike Smith, A & G Disposal, stated that he supported open competition. Mr. Dennis Chiapetta, General Manager of Community Disposal, requested that if the City chose an RFP process, that it be a strict bid process with award based on price. Mr. David Cope, 316 S. Del Sol Ln., would like to see each household make its own decision on who picks up their waste. Mr. Red Calkins, 240 Eagle Nest Dr., spoke in favor of freedom of choice. Mr. Jim Paul, 1269 Ahtena Dr., spoke against the issuance of a franchise for solid waste disposal. i Mr. Frank Dursa, 2533 Harmony Hill Dr., suggested that the public vote on whether or not to have a solid waste franchise. Mr. Al Rumpilla, stated that if permits are issued, there should be no fee attached since this fee would then be passed on to residents. He also stated that he was against a franchise and that, it was his opinion that it would be in the best interest of the City to wait for the report of the JPA --let all companies do business as usual and wait for the new Councilmember to be seated. C/Papen requested that public discussion on the solid waste matter be closed after 8 months. M/Werner stated that it would depend on the decision made. i C/Kim asked why a franchise is necessary under AB 939, and the advantages and disadvantages? ACM/Belanger stated that within, the context of AB 939 cities and counties are required to be responsible for reducing the waste stream. In i order to have a uniform system of reporting and carrying out the requirements, a franchise situation is desirable. NOVEMBER 13, 1990 PAGE 12 {^i C/Papen proposed that the Council set aside the commercial franchise and take action only on the residential. She further recommended that the City be divided into two residential sections with two franchises issued. C/Kim moved, seconded by M/Werner to imple- ment the permit process and wait until the Source Reduction and Recycling Element study is approved, reviewed by staff and adopted. By a vote of 2 to 1, (C/Papen voting No) motion carried. (MPT/Forbing and C/Horcher were absent). RECESS: M/Werner recessed the meeting at 7:05 p.m. RECONVENE: M/Werner reconvened the meeting at 7:22 p.m. and announced that C/Papen and C/Horcher had been excused. MPT/Forbing returned. Capital Imp. Following discussion, it was agreed to post - Program pone discussion of the Capital Improvement Program to November 29, 1990 at 4:30 p.m. P & R Commission CA/Arczynski stated that a letter of resigna- Vacancy tion had been submitted by Chairman Ivan Nyal i of the Parks and Recreation Commission. ADJOURNMENT: At 7:30 p.m., M/Werner adjourned the meeting to November 20, 1990 at 8:00 a.m., whereupon the City Clerk will adjourn said meeting due to lack of a quorum. ATTEST: � p ayor LYNDA BURGESS, City Clerk