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HomeMy WebLinkAbout05/21/1991 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 22, 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 resident Al Rumpilla. ROLL CALL: Mayor Forbing, Mayor Pro Tem Kim, Councilmen Werner, Nardella and Papen. 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 Planner Emeritus Irwin Kaplan, City Engineer Sid Mousavi, Parks and Maintenance Director Charles Janiel and City Clerk Lynda Burgess. PUBLIC COMMENTS: Mr. Jack Nelson informed the Council that his and approximately 150 other residences in "The Country" are on failing septic tanks and the only known solution is to install a sanitary sewer system. A feasibility study must be prepared, costing between $10,000 and $15,000. He requested that the City consider providing the funds for the study with reimbursement by the homeowners to the City upon the sale of bonds for construction of the sewer system. He further requested City assistance with framing a petition for circulation. CA/Arczynski recommended that, along with the report and ancillary information from staff, they also look into whether or not public financing is available since the streets in question are private. CM/Van Nort indicated the matter Would be reported on by staff at the July 2nd meeting. MPT/Kim stated that this is a public health issue and that the City should be involved. He sug- gested that the City look into County or State funding and, if none available, look into alternatives for discussion July 2. C/Werner requested that staff keep track of their time on this project. CONSENT CALENDAR: C/Werner moved, seconded by MPT/Kim to approve the Consent Calendar with the exception of the Minutes of May 7, 1991 (C/Papers requested the City Attorney to review the Minutes due to statements attributed to her that she did not make and the Minutes should be corrected). Motion carried by MAY 21, 1991 PAGE 2 the following Roll Call vote: AYES: COUNCILMEN - Werner, Nardella, Papen, MPT/Kim, M/Forbing NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Schedule Future A. Parks & Recreation Commission - May 23, 1991 Meetings - 7:00 p.m., Community Room, 1061 S. Grand B. General Plan Advisory Committee - May 23, 1991 - 7:00 p.m., Diamond Bar Hotel, 225 Gentle Springs Rd. C. City Council Meeting - June 4, 1991 - 6:00 p.m., W.V.U.S.D. Board Room, 880 S. Lemon D. First Concert in the Park - July 3, 1991 - 6:30 p.m., Sycamore Canyon Park Approval of Approved Council Minutes of Regular Meeting Minutes April 16, 1991 and Budget Study Session of May 2, 1991. Warrant Register Approved Warrant Register dated May 21, 1991 in the amount of $888,655.98. Planning Comm. Received and filed Planning Commission Minutes Minutes of January 10, 1990, July 9, 1990 and April 22, 1991. Surety Bond Released Surety Bond No. 4/004-518832-3 for Release -Grading grading at 23904 Ridgeline Rd., Lot 79, Tract No. Lot 79 42533 and directed City Clerk to send Council Tract 42533 action to principals involved. Bond Reduction Approved work completed and reduced bond in the Private Drain amount of $32,000 and directed City Clerk to send 1890, Tract 42533 Council action to principals involved. Surety Bond Approved work completed and exonerated Bond No. Releases -Street 6323230, Street Tree Improvements for Tract No. Tree Imps., 31153 in the amount of $6,560, vicinity of Diamond Tract 31153; Bar Blvd. and Kiowa Crest Dr; and Bond No. 83 SB Road Imps., 100 327 662, Road Improvements for Tract No. 42572 Tract 42572 in the amount of $236,600, vicinity of Highcrest Dr. and Armitos P1. and directed City Clerk to send Council action to principals involved. Resolution 91-24 Adopted Resolution No. 91-24 entitled: Granting Consent RESOLUTION GRANTING CONSENT AND JURISDICTION & Jurisd. to Cnty. TO THE COUNTY OF LOS ANGELES IN THE MATTER re Lighting Maint. OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 Dist. 10006 & AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF Cnty. Lighting DIAMOND BAR ZONE PROJECT 8-17. Dist. LLA -1 Zone Project 8-17 MAY 21, 1991 PAGE 3 Resolution 91-25 Adopted Resolution No. 91-25 entitled: Granting Consent RESOLUTION GRANTING CONSENT AND JURISDICTION & Jurisd. to Cnty. TO THE COUNTY OF LOS ANGELES IN THE MATTER re Lighting Maint. OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 Dist. 10006 & AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF Cnty. Lighting DIAMOND BAR ZONE PROJECT 219-87. Dist. LLA -1 Zone Project 219-87 Resolution 91-26 Adopted Resolution No. 91-26 entitled: A Approving Plans RESOLUTION OF THE CITY COUNCIL OF THE CITY & Specs. for OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS Purchase of FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND Playground EQUIPMENT FOR HERITAGE AND SYCAMORE CANYON PARKS Equip. for IN SAID CITY AND AUTHORIZING AND DIRECTING THE Heritage & CITY CLERK TO ADVERTISE TO RECEIVE BIDS. Sycamore Canyon Parks Usage of Received and filed report regarding use of a City City Vehicle vehicle for commuting from home to City Hall by the Director of Parks and Maintenance. Amendment to Approved increase of $100 per month for legisla- i Lobbyist Agmt. - tive representation by Joe A. Gonzalves & Son for Joe Gonzalves a total of $25,200 for FY 1991-92 (Acct. 001-4010- & Son 4000). Animal Control Approved agreement with the Pomona Humane Society Contract for to continue animal control services for FY 1991-92 FY 1991-92 - in the amount of $49,654. Pomona Humane Society Proclamation Proclaimed week of May 20 through 27, 1991 as May 20-27, 1991 "Buckle Up America Week." "Buckle Up America Week" SPECIAL PRESENTATIONS: City Tile - C/Papen presented a City Tile to Dianne Forbing in Dianne Forbing recognition of her 10 years of service as Editor of the Windmill. Certificates of M/Forbing presented Certificates of Recognition Recognition - and City Pins to the 16th Annual Jr. Women's Club Spelling Bee Spelling Bee Winners: 1st Place Winner Aaron Winners - Aaron Cunningham, Golden Springs Elementary School; 2nd Cunningham, Justin Place Winner Justin Cooper, Golden Springs Cooper & Lillian Elementary School and 3rd Place Winner Lillian Chung Chung of Evergreen Elementary School. MAY 21, 1991 Certificate of Recognition - Robert Cosner Certificates of Appreciation - Reps. from Claremont Colleges re: Tax Allocations of Recently Incorporated Cities Council Gift OLD BUSINESS: PAGE 4 M/Forbing presented a Certificate of Recognition to Officer Robert Cosner for bravery relating to an injury sustained in the line of duty. M/Forbing presented Certificates of Appreciation to Dr. Rod Smith, Christopher Greber, Matthias Nemes, Christopher Yeomans and Derek Stanford for their efforts in preparing the "Study of Property Tax Allocations of Recently Incorporated Cities in Southern California." Mr. Yeomans stated that the team endeavored to look at the way property taxes are switched once a City incorporates and assumes conditions for services previously provided by a County. CM/Van Nort also introduced Chuck O'Brien, Director of the Clinic. CM/Van Nort explained that, based on the documen- tation used, the City would not be able to use the data contained in the report for its lawsuit. C/Papen stated that the report would be sent to Sacramento and could be the basis of further legislation that could help Hacienda Heights or Rowland Heights and other communities throughout the State seeking incorporation and local control. C/Nardella presented a gift on behalf of the Council to ACM/Terrence Belanger honoring his graduation from Western State University of Law. Purchase of CC/Burgess stated that the staff report of May 7, Photocopier 1991 indicated that the Xerox 1090 copier was identified as the model that would meet current and future needs of the City and which was available from International Business Equipment at a cost of $24,800 plus tax. Further, Council directed staff to report on issues pertaining to the benefits of leasing a copier as opposed to purchasing and/or contracting for a copier and an operator. Following a report on leasing versus purchasing and programs designed to lease a copier with an operator, C/Werner moved, MPT/Kim seconded to -- approve staff's recommendation to purchase the 1090 Xerox duplicator through IBE at a cost not to exceed $26,536 with a stipulation that first year maintenance be provided through Xerox Corp. for full service maintenance. MAY 21, 1991 PAGE 5 C/Nardella reported that he had researched "facility management" programs to contract for a copier and operator and suggested that staff consider such a program when copy volume exceeds 80,000 copies per month. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Nardella, Papen, Werner, MPT/Kim, M/Forbing NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Appeal of PD/DeStefano reported that this was a continuation CUP 86-410 of a discussion regarding an appeal of a Planning Stephen Chung Commission decision to deny an extension of time 1200 S. Brea for CUP 86-410 in regard to a 3 -story, 36,000 sq. Canyon Rd. ft. office building at 1200 S. Brea Canyon Rd. Staff recently received a revised site plan illus- trating a reconfigured parking plan and relocation of the office building. Issues not addressed include traffic mitigation measures at various intersections, specifically Brea Canyon at Pathfinder and Brea Canyon at Colima, as well as Brea Canyon at Glenbrook. In addition, a well had been found on the site immediately adjacent to the street which needs to be resolved. Should Council allow an additional time period, staff will need to look at a particularly prepared site plan, landscape plan, grading/drainage plan, architec- tural elevations and drawings that clearly outline public improvements. The City Engineer would need to look at additional traffic studies regarding the intersections so that he can make k determina- tion as to the developer's fair share cost of the project. In addition, he stated that staff had received a few letters in opposition to the project, the most signif icant by Mr. Larry Hudack. Mr. Jeff Jenkins, representing Kingston Investments, stated that compact parking spaces had been removed and landscaping had been increased by approximately 50% with a 20 ft. setback along Brea Canyon Rd. The height of the building had been reduced by 8 ft. by reducing the pad by 3 ft. and the size of the building was reduced by 5 ft. The developer supported paying his share of traffic control improvements includ- ing signaling, restriping, curbs and gutters, etc. in addition to widening Brea Canyon from south of the Counseling Center to the intersection of Gerndale and Brea Canyon, including removal of existing curbs, gutters and sidewalks and re - striping at Brea Canyon with reflectors in both MAY 21, 1991 Ordinance 02(1991) Repealing Chp. 2.68 of L.A. Cnty. Code Establishing New Provisions Pertaining to Emergency Preparedness PAGE 6 directions. A survey had been conducted which indicated that the tank is actually a cement smudge pot oil tank. The following persons expressed opposition to approval of the extension of CUP 86-410: Kathy Stetcher, 21000 Glenbrook Dr. Mike & Mary Sirchia, 1115 Bain Ave. Patrick J. Dresch, 21045 Glenbrook Dr. Ved Arora, 1321 Glenthorpe Dr. Jethro White, 21201 Dabney St. Carolyn Davis, 1144 Hare Larry Hudack, 21202 Dabin St. Orion Von Stetten, 1152 Brea Canyon Rd. Don Taylor, 1444 Honeyhill Dr. Carlos Lopez, 1141 Bain St. Rose M. Zam, 1145 Bain St. Lizen Mercado, 21049 Glenwall Dr. Clarence Hamilton, 20995 Glenbrook Dr. Emil Manna, 2101 Glenwall Dr. Jim Paul, 1269 Ahtena Dr. Mr. & Mrs. Wyseman, 1235 Glenclear Dr. PD/DeStefano reported that if Council approved extension of the CUP, staff would review the recently -submitted site and landscape plans and the soils reports to determine if the concrete well is leaking, where the flume is, what the remediation plans are and whether outside agencies need to be involved. Revised architectural elevations would be required and Building & Safety would need a new construction plan check. Following discussion, C/Papen moved, C/Werner seconded to deny the appeal for an extension of time on CUP 86-410. C/Papen amended the motion to direct the City Attorney's office to prepare the appropriate resolution to make the denial effective for consideration at the next meeting. C/Werner amended his second of the motion. Motion carried unanimously. CA/Arczynski presented for second reading by title only Ordinance No. 02 (1991) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING CHAPTER 2.68 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND ESTABLISHING NEW PROVISIONS PERTAINING TO EMERGENCY PREPAREDNESS. MAY 21, 1991 PAGE 7 C/Papen moved, MPT/Kim seconded to adopt Ordinance No. 02 (1991) . With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Werner, Nardella, Papen, MPT/Kim, M/Forbing NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Ordinance 20B CA/Arczynski presented for 1st reading by title (1989) Amending only Ordinance No. 20B(1989) entitled: AN Sec. 17 & Adding ORDINANCE OF THE CITY COUNCIL OF THE CITY OF New Secs. 17A & DIAMOND BAR AMENDING SECTION 17 AND ADDING NEW 17B Pertaining SECTIONS 17A AND 17B TO ORDINANCE NO. 20 (1989) to Competitive PERTAINING TO COMPETITIVE BIDS FROM RESIDENT Bids from BUSINESSES AND RECYCLABLE MATERIALS. Resident Businesses & ACM/Belanger stated that the amendment would Recyclable provide an affirmative program to identify and Materials encourage City located businesses by products and/or services provided, allowing staff to develop a comprehensive vendor list of businesses in the City so that when projects or programs are bid, those businesses would receive a packet of bid specifications. He requested Section 2, Sub- section "b" be amended to read "firms who are qualified firms." Mr. Bob Velker, liaison for the Chamber of Commerce, stated that there have been times when a business in the City has been overlooked and offered the Chamber's assistance in getting all businesses to respond to a vendor's list. C/Papen stated that she could see the value of a City vendor list and that perhaps the Chamber should compile a vendor's directory; however, she was not in support of the project at this time. Following discussion, C/Werner moved and C/Papen seconded to table Ordinance No. 20B (1989). Motion carried unanimously. Update on Mr. Kaplan reported on the Economic Development Economic meeting held on May 23, 1991 and indicated an Development initial meeting will be held on June 12, 1991 to familiarize people with the issues and find out where changes in the approach might be appro- priate. Tentatively scheduled for June 22, 1991 is an Economic Development Strategy Workshop starting at 9:00 a.m. to obtain a consensus on the kinds of development strategy the City should use in the community, which will also be used in the General Plan process. MAY 21, 1991 PAGE 8 RECESS: M/Forbing recessed the meeting at 8:30 p.m. RECONVENE: M/Forbing reconvened the meeting at 8:43 p.m. NEW BUSINESS: Award of Landscape CM/Van Nort stated that the present contracts for Svc. Contracts - landscape maintenance of the three districts LLMD No. 38, 39 expire June 30, 1991. Staff advertised for bids & 41 - Accurate on an individual basis. He recommended awarding Landscape re: annual contracts to Accurate Landscape & Maint. Dists. 38 & 39; Corp. for $37,200 for LLMD 38 and $66,000 for Landscape West LLMD 39; and to Landscape West for $37,200 for re: Dist. 41 for LLMD 41. MPT/Kim moved, C/Werner seconded to award contacts for LLMD 038 and #39 to Accurate Landscape and Maintenance Corporation with respective bids of $37,200 and $66,000; and LLMD 041 to Landscape West with a bid of $37,200. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Papen, Werner, MPT/Kim, M/Forbing NOES: COUNCILMEN - None ABSTAIN: COUNCILMEN - Nardella Award of CM/Van Nort stated that pursuant to Council Landscape Maint. approval to obtain bids for maintenance of eight Svc. Contract parks, staff recommended awarding the contract to Mariposa Horticultural Enterprises in the amount of $97,932 per annum. Mr. Barry Konier, 10815 Meats Ave., Orange, President of Landscape West Inc., stated that his company had been maintaining the parks and two of the Districts since Incorporation. His company was second lowest bidder by $168. He felt that this type of contract would fall under the Public Works Act because it is a service contract. Following discussion, C/Werner requested staff to check further on references supplied by the low bidder and moved that the matter be continued to the next meeting. MPT/Kim seconded the motion. Following discussion regarding potential liability in rejecting the lowest bidder, MPT/Kim withdrew his second. C/Papen then seconded C/Werner's motion. Motion carried by a vote of 3 to 1 (MPT/Kim voted No and C/Nardella abstained). MAY 21, 1991 PAGE 9 Resolution 91-27 CA/Arczynski stated that a Resolution was drafted Endorsing Efforts setting forth the sentiments of the Council and of Pomona & reiterating the Council's desire and stated intent Walnut Valley to work with the governing boards' of both school Unified School districts and their fellow elected officials Districts re: for the betterment of the community, both with Construction of respect to items of mutual interest to all School Facilities entities. within the City MPT/Kim requested changing "north Diamond Bar" to "within the City of Diamond Bar." C/Werner expressed concern over the difference in wording indicating that the Pomona School District "has evidenced its desire to construct and that the Walnut School District has indicated its intention." The following persons spoke in opposition to the Resolution: Mr. Al Rumpilla 23958 Golden Springs Mr. David Cope, 316 S. Del Sol Ln. Mr. Jim Paul, 1269 Ahtena Dr. j Following discussion, it was agreed that the Council would disregard the description on the agenda relating to this matter. Following further discussion, it was moved by M/Forbing, seconded by C/Werner to adopt Resolution No. 91-27 amended as follows: M/Forbing stated that the changes were: A(i) "evidenced" to "indicated" and "desire" to "intention;" delete "north" and insert "City of;" delete "area" in 3rd line; change B2 "commends" to "urges;" delete "northern portion of;" last line of 2 delete "north;" delete B2 "in its endeavors;" line 3, 2nd sentence change "commends" to "urges" and delete "in its endeavor." Motion carried unanimously. RFP for Community CE/Mousavi stated that current transit opportun- Circulator ities consist of three bus lines and the City's Paratransit services which are provided through d contract with L.A. County. The bus lines consiet of RTD 490 and Route 482. Foothill TranGit District operates Route 455. Services operate Monday through Friday from 8:00 a.m. to 5:00 P.M. except holidays and a 24-hour advance reservation is requested; however, same day service can be provided subject to availability. He recommended that the City continue to contract with the County to provide these services at an estimated cost of MAY 21, 1991 PAGE 10 $20,000 for FY 1991-92. In addition to the services currently in existence, he recommended establishment of the City's first Community Circulator. Staff drafted a Request for Proposal for a "fixed route deviation public transit system" based upon two buses, five days a week from 6:00 a.m. to 7:00 p.m. Route deviation will provide the ability for the bus to deviate from scheduled stops in order to pick up additional passengers. The RFP calls for two phases: (1) consultation in planning and designing the route along with providing the necessary policies and procedures; and (2) an operation phase. Prop A Funds will be utilized for both design services and operation. The Traffic and Transportation Commission reviewed the concept and the RFP and recommended approval by the City Council. Following discussion, the RFP was unanimously approved for release. Approval of CA/Arczynski presented a document referred to as Form of Lot a "Lot Consolidation Agreement" for use when two Consolidation or more properties are involved in a development Agreement and the construction of buildings may cross. A Parcel Map or a Subdivision Map is required to consolidate those parcels to allow construction. This type of agreement is designed to allow devel- opers to reach a point where construction can begin, obtain building permits and, in the interim, proceed with a parcel map. The agreement would be designed around each project and would be signed by the City Manager on behalf of the City. Following discussion, MPT/Kim moved, C/Papen seconded to approve as to form and authorize the City Manager to execute such agreements on behalf of the City as necessary, upon approval by the City Attorney. By a vote of 4 to 1 (C/Werner voting No), the motion carried. PUBLIC HEARINGS: Appeal of PD/DeStefano stated that this appeal of a Planning CUP 1634-(1) Commission decision was for an extension of time Evangelical on CUP 1634-(1) as the Evangelical Free Church Free Church will be unable to complete its final phase of development by the end of the 10 -year CUP period (November 1990). He recommended a 5 -year extension. M/Forbing opened the Public Hearing. Mr. Bob Huff, representing the Evangelical Free Church, stated that when the matter went before the MAY 21, 1991 PAGE 11 Planning Commission, the only opposition raised by the Commission was parking. Following discussion regarding trees and parking and with supportive comments made by a neighbor of the church, M/Forbing closed the Public Hearing. C/Werner moved, C/Papen seconded to approve the request for extension of the CUP for five years, subject to a "tree preservation plan" which would include preservation of the landmark trees and a parking management plan to avoid off-site traffic congestion. CA/Arczynski recommended that the motion be amended to direct staff to prepare an appropriate resolution to effectuate the Council's desires in this matter, including a diagram of the area specifying which trees are to be considered "landmark." Further, staff should be directed to use the present Oak Tree Ordinance regarding diameter of trees and that Engineering staff work on a congestion management concept that the Council can approve. C/Werner amended the motion as stated by the City Attorney. C/Papen amended her second. Motion carried unanimously. Adoption of CM/Van Nort reported that the budget for Fiscal Budget for Year 1991-92 estimates General Fund Revenues at FY 1991-92 $8,984,695 with Expenditures of $8,564,707, which would allow Council a $419,988 unappropriated reserve balance. Since the last meeting, several changes have taken place: (1) Prop C has not been included due to its challenge by the Courts; (2) the CIP was included; (3) uncertainties of the State. At the present time, revenues are pro- jected at the Governor's recommendation that cities cut approximately $200 million in revenues and the City's share proportionately would be included in that. Also taken into account is that the sales tax is flat. M/Forbing opened the Public Hearing. With no testimony being offered, M/Forbing closed the Public Hearing. CA/Arczynski stated that the Planning Commission transmitted to the Council its report under the Government Code pertaining to the CIP and the Resolution is part of the official record on the budget. MAY 21, 1991 PAGE 12 C/Werner moved, MPT/Kim seconded to adopt the proposed budget for FY 1991-92 as submitted by staff. Following discussion, CM/Van Nort recommended that the Budget be adopted with the understanding that no change take place until the State adopts its budget. With the following Roll Call vote, the motion carried. AYES: COUNCILMEN - Nardella, Papen, Werner MPT/Kim, M/Forbing NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None ANNOUNCEMENTS: In response to a request by C/Papen, CC/Burgess stated that staff had looked at Konica copiers and that they are not comparable to the Xerox 1090. C/Papen requested that staff reports include the type of public notice given as well as the number of letters for and against a project and if a petition is submitted, the number of signatures attached. C/Papen then stated that a Letter to the Editor had been printed in four different newspapers indicating that at the April'16 meeting, the Council took action which it did not take. Further, she was concerned that the Council's actions were being misrepresented and upset that the newspapers published this letter without calling City Hall and verifying the action taken. The action taken was to continue a Public Hearing for 30 days. She asked the City Clerk to send a letter to each of the editors stating the action taken on April 16 and again during this meeting. She also directed the City Manager to send a letter to the editors requesting that they call and confirm votes of the Council in situations like this. C/Nardella stated that he concurred with C/Papen's intent. C/Werner commended staff on publication of the first issue of the Employee Newsletter. I MAY 21, 1991 PAGE 13 ADJOURNMENT: With no further business to conduct, M/Forbing adjourned the meeting at 11:20 p.m. r LYNDA BUR`�GE-'SS, CMC City Clerk ATTEST: G' Mayor