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HomeMy WebLinkAbout01/21/1992 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 21, 1992 1. CLOSED SESSION: 5:00 p.m. Litigation - G.C. Section 54956.9 Personnel - G.C. Section 54957.6 No reportable action taken. 2. CALL TO ORDER: M/Kim called the meeting to order at 6:05 p.m. in the Council Chambers, AQMD Auditorium, 21865 E. Copley Dr. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Mayor Kim. ROLL CALL: Mayor Kim, Mayor Pro Tem Papen, Councilmen Werner, Miller and Forbing. Also present were Robert L. Van Nort, City Manager; Terrence L. Belanger, Assistant City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Director of Community Development and Lynda Burgess, City Clerk. 3. COUNCIL COMMENTS: C/Miller stated that the Chamber and City Council workshop held on January 10 addressed concerns of the business community regarding rent, sales and ratio of sales to rent increases. He then announced the dates of upcoming GPAC meetings for the General Plan and encouraged those who have an interest to attend those meetings. In addition, he requested Council consensus to halt construction of the apartments on Grand Ave. until an analysis of the impacts of the median cut is prepared and presented to Council. The analysis should include how the cut will affect the future hospital site and commercial corner across the street and its effect on the apartment dwellers. MPT/Papen stated that she was concerned with the deep cuts in the street and that they were not covered over. C/Werner requested a report for the next meeting indicating the approval process for the apartment project along with suggestions as to how to avoid approval of future projects such as this. MPT/Papen stated that at the last meeting, Council supported sending a letter of opposition regarding the Green Line and the alleged contract to the Japanese firm and a hearing had been set for January 27, 1992. She also indicated that she had discussed the matter with legislators from the San Gabriel - Valley while in Sacramento the previous week in addition to HOV lanes for the 57/60 freeways, rail haul and other transportation matters affecting the City. M/Kim asked staff to expedite projects funded by the gas tax to stimulate construction activities and create more jobs. JANUARY 21, 1992 PAGE 3 CA/Arczynski explained that State law requires the City to use the latest equalized assessment roll provided by the County Assessor's Office and that it is the only list that can be used for public hearing notices. With respect to noticing issues, State law is very clear in that the City must mail notices as provided as well as publishing and posting the notices. Staff also uses the Windmill and other community advertising methods. James Flynn, 22790 E. Lakeway Dr., requested information regarding the possible future development of the Diamond Bar Golf Course. CM/Van Nort stated that since the County of Los Angeles owns the Golf Course, development for another use would require them to request the City to consider rezoning the property. No such request has been made by the County. Melinda Jackson, 1460 S. Longview Dr., requested City assistance with the issue of school bus fees. CM/Van Nort explained that this was a school district issue and suggested that Ms. Jackson contact the President of the Walnut Valley Unified School District Board of Directors. Larry Booth, 3839 Castle Rock Rd., asked about the status of Site D. C/Miller indicated that he and MPT/Papen had met with Walnut Valley Unified Board Members to discuss City acquisition of the property for a park and that discussions are continuing at this time. Mary Skorobogatsh, 22725 E. Lakeway Dr., requested an explanation of how the approvals of the apartment project on Grand Ave. were obtained if the City Council is against it and indicated that the access/egress design appears to be dangerous. CA/Arczynski stated that staff was directed to stop the construction activity on the median and to prepare a report on how the project approvals were handled. CM/Van Nort stated that the Planning Director would contact her personally. C/Miller stated that this type of project can go before the Planning Commission and be approved without Council consent. --I Construction of the complex cannot be stopped; however, construction of the median may be able to be stopped. I Don Schad, 1824 Shaded Wood Rd., requested placement of deer crossing signs near the apartment construction as two fawns have been killed during the past four months on Grand Ave. JANUARY 21, 1992 PAGE 4 M/Kim asked staff to look into this matter and bring it back for the next Council meeting. 5. CONSENT CALENDAR: C/Werner moved, MPT/Papen seconded to approve the Consent Calendar with the omission of Item No. 5.2, Warrant Register and Item No. 5.8 regarding exchange of Proposition A Funds. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 5.1 SCHEDULE OF FUTURE EVENTS: 5.1.1 Heritage Park Community Building Meeting - January 22, 1992 - 7:00 p.m., Community Room, 1061 S. Grand Ave. 5.1.2 Parks & Recreation Commission - January 23, 1992 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.1.3 General Plan Advisory Committee - January 23, 1992 - 7:00 - 9:30 p.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.1.4 General Plan Advisory Committee - January 25, 1992 - 8:00 - 11:00 a.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.1.5 Planning Commission - January 27, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.6 General Plan Advisory Committee - February 1, 1992 - 8:00 - 11:00 a.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.1.7 City Council Meeting - February 4, 1992 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 APPROVAL OF MINUTES - 5.3.1 Regular Meeting of December 17, 1991 - Approved as submitted. 5.3.2 Regular Meeting of January 7, 1992 - Approved as submitted. 5.4 TREASURER'S REPORT - Month of December, 1991 - Received and filed. 5.5 PLANNING COMMISSION MINUTES - Regular Meeting of December 9, 1991 - Received and filed. 5.6 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of December 12, 1991 - Received and filed. I� 5.7 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of December 12, 1991 - Received and filed. - 5.9 PIERMARINI PROJECT FINAL MAP - Approved Tract Map No. 47722, authorized the Mayor to execute the Subdivision JANUARY 21, 1992 PAGE 5 Agreement, authorized the City Engineer to sign the map, and directed the City Clerk to process the map for recordation. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 5.2 WARRANT REGISTER - In regard to payments to the consultant, C/Werner asked whether the City's costs are being recouped from the consultant due to errors made during publication of the first draft General Plan and the need for republication. CDD/DeStefano stated that the consultant has assured the City that errors would be corrected and that the City would not be charged for their mistakes. C/Werner moved, C/Miller seconded to approve the Warrant Register dated January 21, 1992 in the amount of $172,786.51. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 5.8 RESOLUTION NO. 92-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING AND APPROVING THE EXCHANGE OF PROPOSITION A (LOCAL RETURN TRANSIT FUNDS) FOR THE CITY OF SANTA CLARITA GENERAL FUNDS. Clair Harmony, 24139 Afamado Ln., spoke in opposition to exchanging Prop A funds and suggested that the monies be used to upgrade paratransit services for the elderly, handicapped and others needing such services. CM/Van Nort stated that paratransit services, which have been expanded, are negotiated with the County. The Council previously adopted a Resolution supporting the American Disabilities Act and indicated that the first and second years will be funded by the Los Angeles County Transportation Commission; however, the third and fourth years will require funding by individual cities. MPT/Papen stated that after Incorporation, a review of the existing paratransit program took place. It was discovered that the disabled and senior citizens could be taken to the Puente Hills Mall, but could not be taken to one of the area hospitals. The City then negotiated to revise the route and service areas to include trips to medical facilities. C/Werner moved, C/Forbing seconded to adopt Resolution No. 92-01 authorizing and approving the exchange of Prop. JANUARY 21, 1992 PAGE 6 A Funds for the City of Santa Clarita General Funds. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Werner, Forbing, Miller, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 6. SPECIAL PRESENTATIONS - PROCLAMATIONS, CERTIFICATES, ETC. 6.1 PROCLAMATION - Month of February, 1992 - "American Heart Association Month" - presented to Dr. Dan Buffington representing the American Heart Association. 7. NEW BUSINESS: 7.1 "NO PARKING" SIGNS ON COLIMA RD. - ACM/Belanger stated that this was referred by the Traffic & Transportation Commission for approval of a 480 foot, two-hour parking zone approximately 1000 ft. from the freeway offramp on Colima Rd. to the end of the shopping center containing Coco's and a commercial office area. The Commission heard this matter on December 12, 1991 and indicated concern that the two-hour parking restriction would be difficult to enforce and that over -sized vehicles might park along that area. As a result, the Commission recommended that the current parking restrictions not be changed. He stated that staff would recommend providing a two-hour parking limit along this stretch of Colima Rd., with an appropriate clearance in and about the driveway radiate to allow for sight distance and allow for transition off of Colima Rd. into the two driveways that would be a part of that restricted parking area. Further, the driveway radiate should be redcurbed to allow for appropriate site distance and transition into parking areas. C/Forbing moved, C/Miller seconded to approve staff's recommendation to provide for two-hour parking on Colima Rd. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Forbing, Miller, MPT/Papen NOES: COUNCILMEN - Werner, M/Kim ABSENT: COUNCILMEN - None RECESS: M/Kim recessed the meeting at 7:35 p.m. RECONVENE: M/Kim reconvened the meeting at 7:50 p.m. 8. PUBLIC HEARINGS - 7:00 p.m. or as soon thereafter as matters can be heard. 8.1 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE PARCEL MAP NO. 22102 A NEGATIVE DECLARATION, AND AN APPLICATION FOR JANUARY 21, 1992 PAGE 7 A MINOR SUBDIVISION TO CREATE TWO (2) PARCELS LOCATED AT 1575 VALLEY VISTA DRIVE - LOT 13, TRACT 30379 AND MAKING FINDINGS IN SUPPORT THEREOF - CDD/DeStefano reported that Bryan Stirrat and Associates requested approval of a Tentative Parcel Map (TPM No. 22102 for a minor subdivision to create two (2) lots from one (1) 4.39 acre parcel, located at 1575 S. Valley Vista Drive in the Gateway Corporate Center. In response to MPT/Papen's concerns, Richard Kansel, representing Bryan Stirrat & Associates, 5720 Avenida Barcelona, Yorba Linda, stated that the request to subdivide meets the criteria for units within the corporate center; however, he did not know the applicant's plans for the property and no development is currently planned. M/Kim opened the Public Hearing. With no testimony offered, M/Kim closed the Public Hearing. C/Werner moved, MPT/Papen seconded to deny the applicant's request. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - NOES: COUNCILMEN - ABSENT: COUNCILMEN - Miller, Werner, Forbing, MPT/Papen, M/Kim None None 8.2 EXTENSION OF INTERIM ORDINANCE NO. 8A(1991): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE TERM OF AN INTERIM ZONING ORDINANCE, ORDINANCE NO. 8(1991) PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE 65858 AND MAKING FINDINGS IN SUPPORT THEREOF - CA/Arczynski explained that an interim Ordinance was adopted on December 17, 1991 to control commercial uses in residential zones; specifically, "flyer parties," wherein individuals advertise gatherings at their homes and request an admission charge. M/Kim opened the Public Hearing. With no testimony offered, M/Kim closed the Public Hearing. C/Werner moved, MPT/Papen seconded to extend Ordinance No. 8 (1991). Motion carried by the following Roll Call vote: AYES: COUNCILMEN - NOES: COUNCILMEN - ABSENT: COUNCILMEN - Werner, Forbing, Miller, MPT/Papen, M/Kim None None JANUARY 21, 1992 PAGE 8 8.3 ORDINANCE NO. 01 (1992) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADDING A NEW CHAPTER 22.76 TO THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO ADMISSION CHARGE PARTIES IN RESIDENTIAL ZONES - CA/Arczynski stated that this is the same as Ordinance No. 8 (1991) except it is not urgency. M/Kim opened the Public Hearing. With no testimony offered, M/Kim closed the Public Hearing. C/Werner moved, MPT/Papen seconded to approve for first reading by title only and waive further reading of Ordinance No. 01 (1992). Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 8.4 TENTATIVE TRACTS 47850, 47851 AND 48487 - Due to a potential conflict of interest, M/Kim excused himself from participation in this matter. CDD/DeStefano reported that the applicants, D.B. Associates and Dr. Al LaPeter, submitted a request for approval of a three (3) tract residential subdivision for development of 120 homes on 160 acres located off of Steeplechase and in what is commonly called the "backside of The Country." The project is located adjacent to SEA No. 15, and actually encroaches within the significant ecological area by about 3%. The project also involves removal of 44 oak trees and the certification of a Master Environmental Impact Report that has been prepared. Judge Cecil Mills, on behalf of Diamond Bar Associates, stated that Tracts No. 47850 and 47851 are separate and independent of Tract No. 48487 except that they were joined together to simplify the approval process. He also stated that Tract No. 47850 proposes 57 lots and Tract No. 47851 proposes 48 lots. Lex Willaman, Planning Director, Hunsaker & Assoc., 10179 Hunnikens, San Diego, representing Dr. Al LaPeter, displayed exhibits of the project and stated the projects were re -designed following Incorporation to include the City's higher standards including that of hillside grading. MPT/Papen opened the Public Hearing. In response to C/Werner's question, CDD/DeStefano stated that comments made in this Public Hearing will be JANUARY 21, 1992 PAGE 9 included in the response to the EIR. Jack Bath, 13232 12th St., Chino, consultant with National Audubon Society, stated that issues that the applicant has not addressed include migratory birds killed during the grading process and that CEQA guidelines require wildlife movement studies which would pertain to the cougars in Tonner Canyon. He recommended referral of the applicants' EIR to a CEQA attorney for review. Grace Lin, 2901 Steeplechase Rd., requested that three points be addressed: (1) construction of an urban pollution catch basin to catch rain and irrigation waters which has to be cleaned annually, the cost for which is borne by residents of The Country; (2) future residential development of three additional parcels located adjacent to these properties may be sought; and (3) 120 houses means an increase in the traffic load for The Country gate at Diamond Bar Blvd. Ray Daugherty, 3010 D La Paz Ln., objected to the use of the Las Brisas Homeowners' Association private road by future residents of the proposed projects. William Gross, 21637 Highbluff Rd., requested that four issues be addressed: (1) The notice process, (2) approval by the Planning Commission of the apartment complex on Grand Ave., (3) following General Plan guidelines requiring one house per 2.25 acres and (4) the SEATAC report which shows they support "no project." RECESS: MPT/Papen recessed the meeting at 9:45 p.m. RECONVENE: MPT/Papen reconvened the meeting at 9:55 p.m. Don Schad, 1824 Shaded Wood Rd., opposed the project in that it is inconsistent with good land utilization and expressed concern over the removal of black walnut trees and purple sage. Tom Van Winkle, 21103 Gerndahl St., opposed the project in that the General Plan has not yet been completed. Larry D. Boothe, 3839 Castle Rock Rd., opposed the project and requested a halt to all development. Max Maxwell, 3211 Bent Twig Ln., opposed the project and --� requested that it be sent back to the Planning Commission. He further requested that the proposal specifically state that "there will never be a road or an easement from D.B. to Tonner Canyon up and down the hill approximately a mile and a half and that the gate at the end of Hawkwood be defined as permanently closed except for fire access which already exists there." JANUARY 21, 1992 PAGE 10 Samuel Cho, 3208 Hawkwood Rd., requested that the project be postponed until the General Plan is complete. Joe Ingram, 21647 Highbluff Rd., opposed the project. CM/Van Nort then announced that due to mechanical difficulties with the heating/cooling system, the Public Hearing would need to be continued to another date. 9. ADJOURNMENT: At 10:35 p.m., MPT/Papen continued the Public Hearing and adjourned the meeting to 7:00 p.m. on Tuesday, January 28, 1992. *LDA BURGESS, CMC City Clerk ATTEST: el -e -z' � I _-a 96 Z � & � � � Mayor Pro T m