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HomeMy WebLinkAbout06/04/1991 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 4, 1991 CALL TO ORDER: M/Forbing called the meeting to order at 6:10 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 C/Werner. 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, Deputy City Attorney William P. Curley III, Director of Planning James DeStefano, City Engineer Sid Mousavi, Parks & Maintenance Director Charles Janiel and City Clerk Lynda Burgess. COUNCIL COMMENTS: C/Nardella requested that the Parks & Recreation Commission prepare a Recreation/ Parks Master Plan and asked staff to work with the Commission in developing a plan to include an inventory of City resources within City boundaries as well as outside of the boundaries. The plan should include the needs of the City as well as fiscal impacts. He directed the City Clerk to forward his request to the Parks & Recreation Commission. C/Papen thanked staff for installing American flags on City streets. M/Forbing requested that the Traffic & Transportation Commission look into an "Adopt A Street" program that could be tied in with a Community Clean-up Day. PUBLIC COMMENTS: Mr. Ron Stetcher, 2100 Glenbrook Dr., thanked the Council for listening to the people by denying the extension of CUP 86-410. Mr_. Clair Harmony, 24139 Afamado, recommended that the Council make public its plan to buy park property by placing the issue on the ballot as an advisory measure. C/Werner requested that staff schedule discussion of placing advisory measures on the November ballot for discussion at the next meeting. Following discussion, M/Forbing polled the Council to determine whether the majority of Council Members desired to discuss advisory measures for the November ballot at the next meeting. By consensus, staff was, directed to include discussion of these matters on the next meeting agenda. JUNE 4, 1991 PAGE 2 CONSENT CALENDAR: C/Werner moved, seconded by C/Nardella to approve the Consent Calendar with the omission of Items 5, 10, 11, 12 and 13. Motion carried by the follow- ing Roll Call vote: AYES: COUNCILMEN - Werner, Nardella, Papen, MPT/Kim, M/Forbing NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Schedule Future A. Planning Commission - June 10, 1991 - 7:00 Meetings p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave. B. Economic Development Workshop - June 12, 1991 - 5:30 p.m., Hotel Diamond Bar, 259 Gentle Springs Ln. C. Parks & Recreation Commission - June 13, 1991 - 7:00 p.m., City Hall, 21660 E. Copley Dr., Suite 100 D. Traffic & Transportation Commission - June 13, 1991 - 6:00 p.m., Community Room, 1061 S. Grand Ave. E. City Council Meeting - June 18, 1991 - (4:30 p.m. Study Session re: a) Source Reduction & Recycling Element; b) fees re management of waste haulers c) recycling programs provided by waste haulers) - Regular Session 6:00 p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave. F. Economic Development Workshop - June 22, 1991 - 9`1.00 a.m., Diamond Bar Hotel, 259 Gentle Springs Ln. G. First Concert in the Park - July 3, 1991 - 6:30 p.m., Sycamore Canyon Park Approval of Approved Minutes of Council Meeting of May 7, Minutes 1991, as amended. Warrant Register Approved Warrant Register dated June 4, 1991 in the amount of $484,875.35. Treasurer's Approved Treasurer's Report for the Month of Report April, 1991. Parks & Rec. Received and filed Parks & Recreation Commission Comm. Minutes Minutes of March 14, 1991 and March 28, 1991. Claim for Denied Claim for Damages filed by Shirley White. Damages Resolution 91-28 Adopted Resolution No. 91-28 entitled: A Adopting the RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Statement of DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF Investment Policy CALIFORNIA, ADOPTING THE STATEMENT OF INVESTMENT POLICY. JUNE 4, 1991 PAGE 3 Resolution 91-29 Adopted Resolution No. 91-29 entitled: A Denying Appeal RESOLUTION OF THE CITY COUNCIL OF THE CITY OF for Extension DIAMOND BAR DENYING THE APPEAL OF THE PLANNING of CUP 86-410 COMMISSION DENIAL OF THE EXTENSION OF TIME 1220 S. Brea REQUEST FOR C.U.P. 86-410 FOR THE PROPERTY LOCATED Canyon Rd. AT 1200 SOUTH BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA. Resolution 91-33 Adopted Resolution No. 91-33 entitled: A Re Legislation RESOLUTION OF THE CITY COUNCIL OF THE CITY OF to Empower Peace DIAMOND BAR, CALIFORNIA SUPPORTING LEGISLATIVE Ofcrs. to Remove EFFORTS TO EMPOWER PROPERLY TRAINED PEACE OFFICERS Unsafe Commercial TO REMOVE UNSAFE COMMERCIAL VEHICLES FROM STREETS Vehicles from AND HIGHWAYS. Streets & Highways Resolution 91-34 Adopted Resolution No. 91-34 entitled: A Rqstg. Bd. of RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Sups. to Accept DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD Transfer & OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD Conveyance of CONTROL DISTRICT OF THE STATE OF CALIFORNIA Storm Drain Imps. TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER Private Drain AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS — No. 1890 KNOWN AS PRIVATE DRAIN NO. 1890 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENTS, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. Resolution 91-35 Adopted Resolution No. 91-35 entitled: A Rqstg. Bd. of RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Sups. to Accept DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD Transfer & OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD Conveyance of CONTROL DISTRICT OF THE STATE OF CALIFORNIA Storm Drain Imps. TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER Private Drain AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS No. 2145 KNOWN AS PRIVATE DRAIN NO. 2145 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENTS, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. Resolution 91-36 Adopted Resolution No. 91-36 entitled: A Rqstg. Bd. of RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Sups. to Accept DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD Transfer & OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD Conveyance of CONTROL DISTRICT OF THE STATE OF CALIFORNIA Storm Drain Imps. TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER Private Drain AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS No. 1862 KNOWN AS PRIVATE DRAIN NO. 1862 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENTS, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. JUNE 4, 1991 PAGE 4 Resolution 91-37 Adopted Resolution No. 91-37 entitled: A Rqstg. Bd. of RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Sups. to Accept DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD Transfer & OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD Conveyance of CONTROL DISTRICT OF THE STATE OF CALIFORNIA Storm Drain Imps. TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER Private Drain AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS No. 1668 Unit II KNOWN AS PRIVATE DRAIN NO. 1668 UNIT II IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENTS, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. Resolution 91-38 Adopted Resolution No. 91-38 entitled: A Appntg. Financial RESOLUTION APPOINTING A FINANCIAL ADVISOR AND Advisor & Bond BOND COUNSEL AND APPROVING, AUTHORIZING AND Counsel & Apprvg. DIRECTING EXECUTION OF AN AGREEMENT FOR Agrmts. with FINANCIAL ADVISORY SERVICES AND AN AGREEMENT Sutro & Co. as FOR LEGAL SERVICES, ALL IN CONNECTION WITH THE Financial Advisor PROPOSED 1991 TAX AND REVENUE ANTICIPATION NOTES. & Jones Hall Hill & White as Bond Counsel Matters Withdrawn from Consent Calendar: Appeal of C/Nardella commented on the lack of penalty CUP 1634-(1) provisions for replacement of trees removed either Evangelical for development or due to mistreatment. He Free Church suggested a ratio of 2 to 1. PD/DeStefano reported that, based on discussions at the last meeting, a Resolution extending the life of the Conditional Use Permit to allow the church to construct the third phase of its development had been prepared. Two conditions were added: one dealing with tree preservation and the other dealing with parking management. C/Werner recommended that the conditions in the resolution be amended to state that if any devel- opment occurs within the "drip line" area of the tree, that the owner provide a horticulturalist's report and that there be a tree replacement policy as a penalty if a tree is lost. Mr. Bob Huff stated that, as directed by the City Council at the previous meeting, he had worked with Planning staff for the wording of the Resolution and that he would not be agreeable to the suggested amendments. Following discussion, C/Papen moved, MPT/Kim seconded to continue the matter to June 18, 1991. CORRECTED PAGE JUNE 4, 1991 PAGE 5 MPT/Kim requested that Assessment -related matters not be placed on the Consent Calendar in the future. Resolution 91-30 Following discussion, MPT/Kim moved, C/Papen Ordering City seconded to adopt Resolution No. 91-30 entitled: Engineer to A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Prepare & File DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE Report Re Maint. AND FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC of Public Imps. IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAP- LLAD No. 38 ING ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENTS FY 91-92 THEREON FOR FISCAL YEAR 1991-1992. Motion carried unanimously. Resolution 91-31 MPT/Kim moved, C/Papen seconded to adopt Apprvng. Report Resolution No. 91-31 entitled: A RESOLUTION Filed Re: Sec. OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR 22623 of Streets APPROVING THE REPORT FILED PURSUANT TO SECTION & Highways Code 22623 OF THE STREETS AND HIGHWAYS CODE WITH LLMD No. 39 RESPECT TO CITY OF DIAMOND BAR LANDSCAPING AND Giving Notice of LIGHTING ASSESSMENT DISTRICT NO. 39 AND FIXING Time & Place for AND GIVING NOTICE OF A TIME AND PLACE FOR Public Hearing on A PUBLIC HEARING ON THE LEVY OF AN ASSESSMENT -- Levy of Assessment ON SAID DISTRICT FOR FISCAL YEAR 1991-92. Motion FY 91-92 carried unanimously. Resolution 91-32 MPT/Kim moved, C/Nardella seconded to adopt Apprvng. Report Resolution No. 91-32 entitled: A RESOLUTION Filed Re: to Sec. OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR 22623 of Streets APPROVING THE REPORT FILED PURSUANT TO SECTION & Highways Code 22623 OF THE STREETS AND HIGHWAYS CODE WITH LLMD No. 41 RESPECT TO CITY OF DIAMOND BAR LANDSCAPING Giving Notice of AND LIGHTING ASSESSMENT DISTRICT NO. 41 AND Time & Place for FIXING AND GIVING NOTICE OF A TIME AND PLACE Public Hearing on FOR A PUBLIC HEARING ON THE LEVY OF AN Levy of Assessment ASSESSMENT ON SAID DISTRICT FOR FISCAL YEAR 1991 - FY 91-92 92. Motion carried unanimously. OLD BUSINESS: 1991 Olympic Ms. Kathleen Wilson, Torch Run Coordinator, Torch Run reported that the Run will begin on the Capital steps in Sacramento on June 16, 1991 and conclude at Dodger Stadium on July 12 at the opening ceremonies of the U.S. Festival 91. The torch will run through the City on July 8 at approx- imately 4:15 in the afternoon going north on Diamond Bar Blvd. to Grand Ave. The goal of the City and the Parks & Recreation Commission is to promote attendance at the event. M/Forbing, CM/Van Nort and she will be running a 1/5 mile of the run as well as 20 other runners who are residents of the City. JUNE 4, 1991 PAGE 6 Administrative Analyst Kellee Fritzal indicated that the Parks & Recreation Commission is working with Ms. Wilson on advertising for the event. Boy Scouts will be in uniform handing out flags to observers and the Rotary Club is helping out by making plans for the end of the event. Nothing has been scheduled for July 9, when the run restarts. Concerts in the PM/Janiel reported on the five "concerts in the Park park" to be presented by the Parks & Recreation Department at Sycamore Canyon Park. The first concert is scheduled for July 3, 1991 from 6:30 to 8:oo p.m. with a 30 -piece, Big Band sound. The City has been approached by several service organizations in the community offering to help with funds as well as with concessions. Due to time constraints, the Parks & Recreation Commission had not been presented with this issue. The last concert will be held on August 28. Other types of music will be Country Western, 50's Rock and Roll, Popular and Dixieland. C/Nardella stated that both the Rotary Club and the Jaycees are proposing to assist the City by i sponsoring the cost of the concerts and in return sell hot dogs, hamburgers, etc., at the park with possible donation of the funds back to the City. C/Werner suggested that before school ends, the City coordinate with the school districts to get flyers out to all the schools. Further, the Sheriff also needs to be contacted for traffic control and parking; and staff needs to ensure that there are adequate restroom facilities. Following discussion, and with consensus of Council, staff was directed to work with the Parks & Recreation Commission and the community regard- ing food concessions for the Concert in the Parks series. Award of Contract C/Nardella excused himself from discussion of this Landscape Maint. matter. Svcs. for Parks - Mariposa CM/Van Nort stated that this had been continued Horticultural from the May 21st meeting in order for staff to Enterprises verify references of the lowest bidder. Follow- ing verification, it was staff's recommendation that the contract for maintenance of City parks be awarded to Mariposa Horticultural Enterprises, as the lowest responsive bidder, in the amount of $97,932. JUNE 4, 1991 PAGE 7 MPT/Kim moved, C/Papen seconded to award the contract for maintenance of community parks to Mariposa Horticultural Enterprises in the amount of $97,932. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Papen, Werner, MPT/Kim, M/Forbing NOES: COUNCILMEN - None ABSTAIN: COUNCILMEN - C/Nardella RECESS: M/Forbing recessed the meeting at 7:35 p.m. RECONVENE: M/Forbing reconvened the meeting at 7:45 p.m. PUBLIC HEARING: Development Agrmt. PD/DeStefano reported that the proposed project No. 91-2, 22000 consists of a self-service gas station, automated Golden Springs Dr. car wash, a six -bay automotive detail facility, offices and a restaurant to be developed along Golden Springs Rd. between Copley and Gateway Center Dr. The site is zoned CM (Commercial — Manufacturing). A development agreement has been requested because an automated car wash is not permitted within the specific zone. Following questions by Council, M/Forbing opened the Public Hearing. Mr. Gary Clapp, 23441 Golden Springs Dr., Toran Development Co., stated that he had one problem with the Agreement which was in regard to his ability to obtain a commitment from a restaurant. The agreement provides the developer with three years for a restaurant commitment, and that at the end of that period, if no restaurant is in place, a penalty would be levied. Although he agreed with the provision, he felt that the wording needed reworking and suggested assisting staff and/or Council on this matter. He suggested that his firm pay the City the amount of taxes that would be generated if there was a restaurant, which would be around $40,000 to $60,000 a year. The following persons spoke in opposition to the proposed development: Mr. Bob Burton, 1200 S. Diamond Bar Blvd. Mr. John Brewster, 4071 2nd Street, Yorba Linda Mr. Frank Dursa, 2533 Harmony Hill Dr. Mr. Russell Hand, 525 S. Grand Avenue Mr. James Mosely, 1447 Copper Mountain Dr. Mr. Don Schalk, 27132-B, Paseo Espada, San Juan Capistrano JUNE 4, 1991 PAGE 8 Mr. James Okazaki, 32222 Camino Capistrano, San Juan Capistrano Mr. Piero Wemyss, 24207 Gingerwood P1., Toran Development Co., addressed the concerns that were brought up by the testimony given. With no further comments offered, M/Forbing closed the Public Hearing. Following discussion, MPT/Kim moved, C/Papen seconded to continue the matter to June 18, 1991 to provide staff an opportunity to study the issues brought up, including the hydro -carbon issue, circulation, etc. With consensus of Council, the motion carried. Community M/Forbing recommended that discussion of Information Community Information Signage and the Memorial Signage & Plaque be referred to the Parks and Recreation Memorial Plaque Commission with direction that a sub -committee be formed to work with community organizations that may have an interest in being involved in these two issues. In addition, he suggested formation of a task force to compile recommendations made by the community organizations along with the results of the entry monument contest for consideration by the Council at a later date. City Attorney Report re: City of Moorpark's Amicus Brief C/Papen stated that she felt that the plaque should not be placed at City Hall but perhaps at Heritage Park and asked that the Parks & Recreation Commission again review this matter. Following discussion regarding the potential placement of banner poles to advertise community events, staff was directed to take these issues back to the Parks & Recreation Commission for their recommendation. DCA/Curley stated that this item relates to a case on appeal to the California Supreme Court for consideration of the process by which a school district disposes of surplus property. The City was requested to send a letter of support in this matter. The City of Moorpark has asked for support of other Cities. The City would merely send a letter of support. C/Papen moved, C/Nardella seconded to participate in the Amicus Brief regarding City of Moorpark v. Moorpark Unified School District. Motion carried unanimously. JUNE 4, 1991 PAGE 9 ANNOUNCEMENTS: In response to MPT/Kim's request, Administrative Analyst Troy Butzlaff indicated that the contest for design of City entrance signs carries a deadline for submittals of June 7, 1991. MPT/Kim stated that the draft was out regarding the Congestion Management Study and asked if the City had responded. CE/Mousavi stated that the City had not yet responded. MPT/Kim also asked about the 57/60 Interchange Study. CM/Van Nort stated that they would be meeting with Cal Trans on June 20 and had received a status report on the 57/60 HOV from here to the San Bernardino line. The report on the 57/60 Interchange should be forthcoming sometime late summer early in the fall. ADJOURNMENT: With no further business to conduct, M/Forbing adjourned the meeting at 10:10 p.m. LYNDA BURGESS, CMC .City Clerk ATTEST: - Mayor