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HomeMy WebLinkAbout04/16/1991 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 16, 1991 CALL TO ORDER: M/Forbing called the meeting to order at 6:05 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 Councilman Nardella. ROLL CALL: Mayor Forbing, Mayor Pro Tem Kim, Councilmen Werner, Nardella and Papen. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski, Assistant City Manager Terrence L. Belanger, City Engineer Sid Mousavi, Director of Planning James DeStefano, Parks & Maintenance Director Charles Janiel and City Clerk Lynda Burgess. COUNCIL COMMENTS: C/Werner commended staff on their efforts in putting together the 2nd Anniversary Celebration. C/Nardella also congratulated staff and Admin. Analyst Kellee Fritzal for the work she did on the celebration. PUBLIC COMMENTS: Mr. Al Rumpilla, 23958 Golden Springs Dr., r— President of the "Diamond Bar Gadfly Association" presented C/Werner with a plaque in recognition of his efforts in allowing the public to express their opinions at Council meetings. CONSENT CALENDAR: C/Werner moved, seconded by MPT/Kim to approve the Consent Calendar with amendment to the Warrant Register and the withdrawal of Item No. 7. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Werner, Nardella, Papen, MPT/Kim, M/Forbing NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Approval of Approved Minutes of Regular Meeting of March 19, Minutes 1991, Special Meeting of March 29, 1991 and Regular Meeting of April 2, 1991. Warrant Register Approved amended Warrant Register dated April 16, 1991 in the amount of $312,021.49. Resolution 91-18 Adopted Resolution No. 91-18 entitled: A Describing Proposed RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Improvements - DIAMOND BAR, COUNTY OF LOS ANGELES, GENERALLY (^ LLAD No. 38, DESCRIBING PROPOSED IMPROVEMENTS WITHIN FY 1991-92 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 38 DURING FISCAL YEAR 1991-92 AND DIRECTING ENGINEER'S PREPARATION AND FILING OF REPORT THEREON. APRIL 16, 1991 PAGE 2 Resolution 91-19 Adopted Resolution No. 91-19 entitled: A Describing Proposed RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Improvements - DIAMOND BAR, COUNTY OF LOS ANGELES, GENERALLY LLAD No. 39, DESCRIBING PROPOSED IMPROVEMENTS WITHIN FY 1991-92 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 39 DURING FISCAL YEAR 1991-92 AND DIRECTING ENGINEER'S PREPARATION AND FILING OF REPORT THEREON. Resolution 91-20 Adopted Resolution No. 91-20 entitled: A Describing Proposed RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Improvements - DIAMOND BAR, COUNTY OF LOS ANGELES, GENERALLY LLAD No. 41, DESCRIBING PROPOSED IMPROVEMENTS WITHIN FY 1991-92 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 41 DURING FISCAL YEAR 1991-92 AND DIRECTING ENGINEER'S PREPARATION AND FILING OF REPORT THEREON. Claims For Denied Claims for Damages filed by Marisa Sage on Damages March 21, 1991 and Neil Dungca on March 26, 1991. Amended Foothill Approved amendment to the Foothill Transit Transit Dist. District Joint Exercise of Powers Agreement with JPA & Appointment member cities; approved membership in the JPA; and of Delegate & designated Councilwoman Papen as delegate and Alternate Councilman Werner as alternate. Resolution 91-21 Adopted Resolution No. 91-21 entitled: A Authorizing & RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA, Approving Exchange AUTHORIZING AND APPROVING THE EXCHANGE OF of Prop A Funds PROPOSITION A (LOCAL RETURN TRANSIT FUNDS) FOR THE for City of Santa CITY OF SANTA CLARITA GENERAL FUNDS. Clarita General Funds Recreation Contract - ACM/Belanger reported that services to be provided City of Brea by the City of Brea include contract classes and sports programs for adults and youths, a Tiny Tots program, youth and adult excursions, a Rent -A - Santa program and Concert in the Parks series. The contract amount including staffing and other recreation, athletic and cultural activities is $283,411. It is anticipated that the program will generate approximately $130,000 in revenue, resulting in a net contract amount of approxima- tely $153,000. He introduced Ret Wixted, City of Brea Director of Community Services; Ted Owens, Brea Community Services Manager and Brea Recreation Supervisor Bob Rose. CA/Arczynski outlined proposed changes to the agreement: Page 2, Paragraph lA was revised to indicate that attendance is required at one Parks and Recreation Commission meeting per month; Page 3, Paragraph 2C was modified to indicate that sub- contractors would include referees, umpires and APRIL 16, 1991 SPECIAL PRESENTATIONS: City Tile Eugene T. Domeno, Armstrong Elem. School Proclamation - April 22-26, 1991 "Blue Ribbon Week" PAGE 3 others hired to work a specific program; Page 4, Paragraph 3d was modified to reiterate what is contained in the contract to make sure there is no conflict about revenues in excess of $130,000; Page 5, Paragraph 6 was modified to extend termination from thirty to sixty days; Page 9, Paragraph 9 now includes "mirror image indemnity" provisions. ACM/Belanger stated that revenues generated beyond $130,000 will be shared by both the City and Brea on a 50 - 50 share. The purpose is to create promotional marketing incentives by the contractor's staff. C/Werner requested that a signature line be inserted for signature by the City Attorney to "approve as to form." In response to C/Nardella's questions concerning Prop A reimbursements especially for out-of-state excursions, ACM/Belanger stated that Prop A reimbursement will be used when the City pays for transportation and that before a trip is planned, staff will contact LACTC to determine preclusions for buses traveling to Nevada which may not be eligible for Prop A reimbursement. A likely result would be that a portion of the cost of the bus would be charged to the participants. C/Werner requested that the City retain control over concession stands in the parks for local service groups. With no further discussion, MPT/Kim moved and C/Papen seconded to approve the contract with the City of Brea for recreational services. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Nardella, Papen, Werner MPT/Kim, M/Forbing NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None M/Forbing presented Mr. Eugene T. Domeno, Principal of Neil Armstrong Elementary School, with a City Tile commending him as the recipient of the 1991 "Principals of Leadership" award. M/Forbing proclaimed the week of the April 22 - 26, 1991 as "Blue Ribbon Week." APRIL 16, 1991 PAGE 4 Proclamation - M/Forbing proclaimed the month of May, 1991 May 1991 "Water as "Water Awareness Month" and presented the Awareness Month" Proclamation to Mr. Ed Biederman, General Manager of the Walnut Valley Water District. Mr. Biederman stated that the rain generated during March did not resolve the previous four years of critical drought. It did provide a little more storage in the State Water Project. The Metropolitan Water District has cut back on water rationing requirements 20% rather than 30%. In addition, he stated that in Diamond Bar, the Water District has tried to use a neighborhood average to establish water allocation. In regard to reclaimed water, they are receiving bids on a 2 million gallon reservoir to help stabilize supply. The treatment plant has been upgraded and a one- year trial will be conducted to determine the quality of water produced. The District continues to work with the City of Industry to see if pump back water from the San Jose plant can be used. Diamond Bar needs approximate 5 more reservoirs or 13 million gallons of storage to complete its master plan. He further stated that they have been notified that, effective July 1, 1991, rates will increase in January, 1992 by $.75 to $1.10 a month base rate. He then invited Council, staff and the public to their open house on May 2nd, sponsored by the D.B. Chamber of Commerce in celebrating "Water Awareness Month." Proclamation - M/Forbing proclaimed the week of May 5 - 11, 1991 May 5-11, 1991 as "Be Kind to Animals Week." "Be Kind to Animals Week" Proclamation - M/Forbing proclaimed the week of May 6 - 12, 1991 May 6-12, 1991 as "Public Service Recognition Week." "Public Service Recognition Week" Proclamation - M/Forbing proclaimed the week of April 15 - 21, April 15-21, 1991 1991 as "California Recycle Week." "Calif. Recycle" OLD BUSINESS: Presentation - Mr. Terry Blank, representing CalTrans, spoke on CalTrans re the pilot program to insure security at the Park Security at N -Ride Lot which involves placing mobile homes on Park -N -Ride Lot on the site with full-time residents to watch the lot. After 5 months into the project, CalTrans has noticed a decrease in vandalism and theft. He displayed a sign to be placed in the lot regarding the project. APRIL 16, 1991 PAGE 5 C/Papen asked how many Park -N -Ride lots in Southern California have full-time residents. Mr. Blank stated that Diamond Bar is the only one in the pilot study due to the number of complaints. C/Werner asked how someone could get in touch with CalTrans if they have difficulty with the Park -N - Ride facility or a concern regarding the units. Mr. Blank stated that persons could call the Commuter Computer number whereupon they would be forwarded to CalTrans. C/Werner suggested that a phone number be placed on the sign so that CalTrans can be reached directly regarding concerns. Following discussion, staff was requested to work with CalTrans regarding the aesthetics of the mobile home prior to another contract being executed. NEW BUSINESS: Appeal - CUP PD/James DeStefano explained that the project had 86-410, 1200 S. been in the hands of the County for quite some Brea Canyon Rd. time prior to Incorporation. In January 1989, the Board of Supervisors approved a zone change from R-1-8,000 CPD, office -oriented zone, which is more flexible with little or no development standards within the County Code. This zone does require a conditional use permit for any project within that category. The County not only approved the zone change but also approved the CUP to allow for a three-story commercial office building of about 35, 000 sq. ft. According to the County Code, the project has a life span of two years from its approval or the it dies. This particular project needed to be initiated by April 4, 1991. In January 1991, the Planning Department received a request for an extension of time from Mr. Stephen Chung, a partner with the firm that owns the property and is proceeding with the development. Mr. Chung is not the original applicant for the project. The Planning Commission considered the application in January and denied the request. At this time, the orange grove has been cleared and the rough grading of the property has been completed. The applicant has not secured a building permit at this point, because it has not received grading certification. The project is located in a CPD zone but is surrounded by R-1-8,000 zones. Property APRIL 16, 1991 PAGE 6 surrounded by homes on the opposite side of Brea Canyon Rd. at Glenbrook Street on either side of the project is single-family residential which terminates at Bain Ct., the D.B. Friends Church to the east and the Walnut Valley Counseling Center to the south. The proposed project is 40 ft. high, about 5 ft. taller than most of the zones allowed in the City. This particular zone does not have a height zone in it. The Planning Commission was concerned about the height, and that sufficient notification was not given regarding the extension request. C/Werner asked what the General Plan calls for on this property. PD/DeStefano stated that the property is outside the community plan for the City, being in what is called Area "A", but the overall County General Plan classification is commercial. MPT/Kim asked the City Attorney for his opinion on the vested interest question. CA/Arczynski stated that the Supreme Court ruled that if there is not something in the ground --and grading is not something in the ground --a developer does not have a vested right to proceed with his permit when it expires or when new standards kick in. In his opinion, grading this site would not qualify it to continue. C/Nardella asked if the project would violate any anticipated provisions as far as the committee has gone in drafting new codes. PD/DeStefano stated that the Planning Commission is not far enough in the development code process whereby input has been received on commercial retail and commercial office projects. It may not be consistent however, if we hold firm to a 35 ft. height limit throughout the community or through- out parts of the community where heights were previously allowed to go above that. Another area where it may not be consistent would be in the area of parking, which may come up with a higher parking standard than this project is currently developed under. Also, the architectural review process is going to be stronger with either a committee or commission, which would be another step in the process that is not currently provided. However, this is all speculation at this point. APRIL 16, 1991 PAGE 7 Mr. Jeff Jenkins, 2550 Miraloma Way, Anaheim, representing Kingston Development, introduced Carolyn Ingram -Seitz, the original consultant on the project. He reported on what has occurred since the project was being handled by the County and requested approval for an extension of time in order to certify the grading, pull building permits and commence construction. MPT/Kim asked whether privacy concerns expressed by neighbors across the street from the project had been addressed. Mr. Jenkins stated that there is an agreement between the property owners across the street and the developer that for a period of six months there would be a six ft. wall constructed with sufficient foundation to increase it an additional two ft. if the residents felt that the line of sight out of the third story building impinged on privacy rights in their backyards. Dr. Scott Sullendar, representing Walnut Valley Counseling Center, stated that some of the concerns voiced by the residents were addressed, but those remaining were the height of the building, traffic congestion and parking. Mr. Ron Stetcher, 2100 Glenbrook, spoke of his and his neighbors concerns regarding the project. He presented letters from the following residents: Norman Rollier, 1123 Bain Ave. Darrin Fox, 1260 Glenthorpe Dr. Tursbin S. Segall, 1361 Glenthorpe Dr. Helen & Sante Olerez, 20998 Glenbrook Dr. Priscilla Long, 20994 Glenbrook Dr. Jim Weismann, 1235 Glenclear Dr. Marian & Bill Reeves, 1322 Garzon P1. Mr. Bonegratis, 1240 Glenthorpe Dr. Chandler & Paula Rey, 1354 Glenthorpe Dr. Art Leindra, 1313 Glenthorpe Dr. David & Wendy Edwards, 1288 Glenclear Dr. Albert Tong, 12030 Glassell Ct. Lisa, Linda, Bill & Harry Hedeck, 1136 Hare Ave. Louis & Joyce Martinez, 21044 Glenwall Dr. Rey & Debbie Asato, 21017 Glenwall Dr. Olga Lassanzo, 1333 Glenthorpe Dr. Twang J. Lee, 1240 Glenclear Dr. Gary & Nicky Clapp, 21055 Glenbrook Dr. Ken & Linda Gunn, 1141 Hare Ave. Paramount Mela, 21001 Glenwall Dr. Ray & Estelle Rebinstaff, 21009 Glenwall Dr. Ron Caldwell, 21030 Glenwall Dr. Manfred & Rosario Molina, 1390 Glenthorpe Dr. APRIL 16, 1991 PAGE 8 Mr. Stetcher stated that traffic and safety is the number one concern and recommended the following: 1) the City could purchase the property and convert it to a park or greenbelt; 2) re -zone it residential; 3) the City could assist with relocating the project to another location better suited for the project; 4) or the City could promote a development that benefits Diamond Bar. Dr. Dan Buffington, 2605 Indian Creek, expressed opposition to granting an extension. Ms. Carolyn Ingram -Seitz, Planning Consultant, stated that previous indications from the property owners were that they would be willing to cooperate in alleviating residents' concerns. C/Werner and C/Nardella both expressed concern over granting of an extension. C/Papen stated that when the Planning Commission denied the matter, the complete file was not available. The members did not have the parking layout, landscaping plans or the plat map, so it appears appropriate to send it back to the Planning Commission for review with all the information, or grant some kind of extension, maybe 90 days. MPT/Kim stated that he did not have a problem with the project, but felt that the City should have the opportunity to review and determine if it is the best use of the land for the City. Mr. Jenkins stated that if there is a height question, they would be willing to drop the grad- ing by eliminating the 5 ft. pad and bring it to natural grade, thus eliminating the concern regarding the view out of the third story. He also felt that his firm could reconfigure the parking to eliminate the compact spaces to satisfy some of the concerns of the Counseling Center, as well as any landscaping concerns that might come up. He felt that all concerns could be addressed if an extension of 120 to 150 days were granted. In addition, he indicated that one benefit to the City is that the original CUP required that the developer make monetary contributions to the signal upgrade on Pathfinder and Brea Canyon Rd. CA/Arczynski recommended that Council continue this matter for 30 to 45 days to permit the applicant time to provide revised elevations, site plans, etc. and address the parking and dedication issue for review by staff. At that point, a 6- APRIL 16, 1991 PAGE 9 month or longer extension could be granted to move the project, as modified, through the process. Following discussion, C/Papen moved, MPT/Kim seconded to continue the matter for 30 days to May 21, 1991. With consensus of Council, the motion carried by a vote of 3 to 2 (C/Werner and C/ Nardella voting no). RECESS: M/Forbing recessed the meeting at 8:55 p.m. RECONVENE: M/Forbing reconvened the meeting at 9:08 p.m. and stated that the City Manager had to leave on personal business and the Asst. City Manager would take his place for the remainder of the meeting. Business License ACM/Belanger reported that, as part of the General Svcs. by County Services Agreement with the County, the County was of Los Angeles asked to administer the Title 7 Business License Section of the Code. Title 7 was established to regulate approximately 120 categories of commer- cial and industrial business activities. Approx- imately 160 businesses located within the City currently have business licenses issued under Title 7. The Agreement will expire in June of 1995; however, the City has the right to terminate any or all of the services being provided under the contract by giving 30 day written notice. He further advised that if the Council chooses to terminate the Business License portion of the Agreement, the decision would have to be made on or before the second Council meeting in May. He stated that staff is looking for direction from Council as to how to proceed. He also indicated that the City notified the County in mid-March to temporarily suspend issuance of licenses. C/Nardella asked that staff obtain a listing of businesses to see if they are in conformance with the Codes. C/Werner requested that the list of businesses being regulated by licenses include (1) cost of the permit and (2) what zones are permitted. Mr. Bill Thackery, owner of the Little Professor Book Store, stated that they had opened one year ago and were told that they did not have to get a business license. He has since been informed that a license was required and that the fee would be $1,442, which he felt was an outrageous amount. Following discussion, M/Forbing directed staff to bring the matter back on May 7, 1991 and contact the County regarding the extension of business license issuance to May 8, 1991 so that there is APRIL 16, 1991 PAGE 10 no enforcement by the County. Mr. Al Rumpilla, 23958 Golden Springs Dr., stated that he had conducted a phone survey of the Cities of San Dimas, Walnut, LaVerne, Pomona and others. Most cities have a flat rate of $25.00 for business licenses. From the basic $25.00 fee they go into a code, categorizing types of businesses with a fee structure. Economic Development PD/DeStefano stated that the Council and Chamber Strategy - Contract of Commerce have been discussing mutual concerns with Kotin, Regan, regarding economic development and the desire to Mouchly create a strategy and implementation program. Earlier this month, C/Papen and C/Nardella met with representatives of the Chamber, staff and Alan Kotin of Kotin, Regan and Mouchly to design a workshop to discuss economic development and stra- tegy. As a result, Mr. Kotin prepared a proposal in the amount of $8,500 which incorporates an educational and public participation process. Mr. Kotin suggested a three-phase effort: Phase I - development with staff and designated community participants of a series of issues with pros and _ cons for distribution at a variety of public meetings for the purpose of raising public awareness and solicit public comment regarding economic development activities; Phase II - within a two to three month period after review of Phase I, for an additional outreach program to take place with a series of debriefings with community representatives, Council and staff and create an agenda tailored to specific issues and questions raised regarding economic development; finally, Phase III - conduct a one -day workshop discuss specific issues pertaining to economic development and what would be done to create an implementation program specifically geared to the City. He further stated that Kotin, Regan and Mouchly is a well-respected economic feasibility financial consulting firm in existence for 10 years. The principals have each been in the profession for at least 20 years. He recommended authorizing the City Manager to execute the contract and proceed. He further indicated that the funds for this contract were included in the current year budget. C/Nardella reported that he had met with a representative of the firm and felt confident in their ability and recommended approval of the contract. In response to MPT/Kim's question as to whether the study could be conducted by staff, PD/ DeStefano replied that staff felt that it was APRIL 16, 1991 PAGE 11 necessary to contract for these services based on current staffing levels and staff's lack of experience and expertise to properly address the issue. The proposal is a sole source request; therefore, it is not possible to predict if the fee is consistent with what other financial consultants in the area would charge; however, it was his opinion that the fee is reasonable. Following discussion, C/Nardella moved, C/Papen seconded to approve the contract with Kotin, Regan and Mouchly in the amount of $8,500. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Papen, Werner, Nardella, MPT/Kim, M/Forbing NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None "Participating in M/Forbing stated that the League of California Local Government" Cities' Institute for Local Self Government has Program obtained a grant to be used for training teachers concerning local government. He recommended that staff contact the Pomona and Walnut Unified School Districts to sponsor one teacher from each involved with social studies. The program involves a one-week institute to be held in August in Sacramento. One requirement of the Institute is that the teachers provide training to other teachers in the district so that the investment in the one teacher spreads to teachers at all levels. The program is structured for 4th, 8th, 9th and 12th grades. He recommended that Diamond Bar High School Teacher Randy Thomas be selected to attend the Institute. The cost of the program for two teachers for one week, including transportation, would amount to approximately $2,000. MPT/Kim indicated that he was in favor of the program but did not feel that the City should spend General Fund monies for it. It should be funded by one of the service organizations in the City. Following discussion, C/Werner moved, C/Papen seconded to approve a one-time expenditure of $2,000 to sponsor two teachers in attending the Institute in Sacramento in August. It was emphasized that sponsorship of future activities would be based on the merits of the program and the value of the training received by this year's attendees. APRIL 16, 1991 PAGE 12 Mr. Al Rumpilla, 23958 Golden Spring Dr., opposed this expenditure and suggested that each Councilmember donate one day each month to speak to school children on local government. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Werner, Nardella, Papen, M/Forbing NOES: COUNCILMEN - MPT/Kim ABSENT: COUNCILMEN - None ANNOUNCEMENTS: ACM/Belanger recommended that Council move to adjourn to 4:00 p.m. May 2, 1991 at the Community Room located at 1061 S. Grand Ave. ADJOURNMENT: There being no further business to conduct, M/Forbing adjourned the meeting at 10:22 p.m. to May 2, 1991 at 4:00 p.m. in the Community -Room, 1061 S. Grand Ave. Lynda Burgess, City Clerk ATTEST: I Mayor