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HomeMy WebLinkAbout03/03/1992 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 3, 1992 1. CLOSED SESSION: 5:00 P.M. Litigation - G.C. Section 54956.9 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 MPT/Papen. ROLL CALL: Mayor Kim, Mayor Pro Tem Papen, Councilmen Forbing, Miller and Werner. 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; Sid Mousavi, Public Works/City Engineer and Lynda Burgess, City Clerk. 3. COUNCIL COMMENTS: M/Kim commended the Gas and Edison Companies for their rapid response to a gas line rupture located south of Lemon Avenue several days earlier. 4. PUBLIC COMMENTS: Janet Spatz, General Manager of Jones Intercable, reported that her company had recently forwarded a check for $52,994.53 to the City as an installment on their annual franchise fee. She further announced that effective April 1st, programming improvements will go into effect and rebates will be issued to some subscribers. Al Rumpilla, 23958 Golden Springs Dr., requested that the newly appointed Commissioners be polled as to whether they wish to be compensated for attendance at meetings. William Gross, 21637 Highbluff Rd., spoke regarding Tentative Tract Maps 47850, 47851 and 48487 and repeated his previous statement that the project should be denied. Red Calkins, 240 Eagle Nest Dr., stated that graffiti is worsening-- especially at the rear of Sav-on Drug. He further stated that he would support the installation of razor wire on freeways in order to deter graffiti. 5. CONSENT CALENDAR: C/Forbing moved, MPT/Papen seconded to approve the Consent Calendar as presented. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None MARCH 3, 1992 PAGE 2 5.1 SCHEDULE OF FUTURE EVENTS: 5.1.1 Planning Commission - March 9, 1992 - 7:00 p.m., AQMD, 21865 E. Copley Dr. 5.1.2 City Council Study Session - March 10, 1992 - 6:00 p.m., AQMD Room CC -8, 21865 E. Copley Dr. 5.1.3 Parks & Recreation Commission - March 12, 1992 - 7:00 p.m., City Hall, 21660 E. Copley Dr., Suite 100 5.1.4 Traffic & Transportation Commission - March 12, 1992 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.1.5 City Council Meeting - March 17, 1992 - 6:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5.2 APPROVAL OF MINUTES 5.2.1 Regular Meeting of February 4, 1992 - Approved as submitted. 5.2.2 Regular Meeting of February 18, 1992 - Approved as submitted. 5.3 WARRANT REGISTER - Approved Warrant Register dated March 3, 1992, in the amount of $515,808.58. 5.4 TREASURER'S REPORT - Month of January 1992 - Received and filed. I 5.5 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of January 9, 1992 - Received and filed. 5.6 PARKS & RECREATION COMMISSION MINUTES - 5.6.1 Regular Meeting of January 9, 1992 - Received and filed. 5.6.2 Regular Meeting of January 23, 1992 - Received and filed. 5.7 PLANNING COMMISSION MINUTES - Regular Meeting of January 27, 1992 - Received and filed. 5.8 GRADING BOND EXONERATIONS 5.8.1 Grading Bond No. 5558083, TRACT 39679 - Approved and accepted grading of 1300-1360 Valley Vista Dr. and exonerated surety bond in the amount of $7,700. 5.8.2 Surety Bond No. 114-61966-1, TRACT NO. 30578 - Approved and accepted grading construction at 2569 Wagon Train and exonerated surety bond in the amount of $1,260. 5.8.3 Grading Bond No. 33270, Tract No. 30289 - Approved and accepted grading construction at 2715 Shadow Canyon Dr. in the amount of $20,000. 5.9 DESIGN OF DOUBLE LEFT -TURN LANES ON GRAND AVE. AT GOLDEN SPRINGS - Authorized staff to develop plans for second MARCH 3, 1992 PAGE 3 left -turn lanes on north and southbound approach lanes of Grand Ave. at Golden Springs Dr. as recommended by the Traffic & Transportation Commission. 5.10 RECONSTRUCTION/REHABILITATION OF GOLDEN SPRINGS DR. FROM BREA CANYON RD. TO GRAND AVE. - Awarded contract for design and inspection services to Dwight French & Associates in an amount not to exceed $52,830.00. 5.11 ADOPTED RESOLUTION NO. 92-07: A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE 1991-92 SLURRY SEAL IMPROVEMENT PROGRAM IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 5.12 PROP A LOCAL RETURN FUND & TRANSPORTATION DEVELOPMENT ACT AUDITS FOR THE FISCAL YEARS ENDED JUNE 30, 1991 AND 1990 - Received, accepted and filed Prop A Local Return Fund and Transportation Development Act Fund Audit Reports for fiscal years ending June 30, 1991 and 1990 by Quezada Godsey & Co., CPA and Simpson & Simpson, CPA. 5.13 TENTATIVE PARCEL MAP NO. 22102 - Approved applicant's request to postpone the matter to April 7, 1992. 6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 6.1 Proclaimed March 1992 as Women's History Month. MPT/Papen read the Proclamation and presented it to Suzanne Harmony, member of the American Business Women's Association. 6.2 Proclaimed March 1992 as "L.A. Means Business Month." 7. NEW BUSINESS: 7.1 RESOLUTION NO. 92-06: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, INITIATING PROCEEDINGS FOR THE ANNEXATION OF LANDS INTO LANDSCAPING ASSESSMENT DISTRICT NO. 38, GENERALLY DESCRIBING PROPOSED IMPROVEMENTS WITHIN THE DISTRICT DURING FISCAL YEAR 1992-93 AND DIRECTING ENGINEER'S PREPARATION AND FILING OF REPORT THEREON - CM/Van Nort explained that the proposed Resolution would enable the City to include all areas within City boundaries into Landscape Assessment District 38 as part of its annual maintenance program. It would be necessary to schedule a Public Hearing to determine whether the City should include these lands in District 38. C/Forbing moved, C/Miller seconded to adopt Resolution 92-06 to initiate proceedings for annexation of lands into Landscaping Assessment District No. 38. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/ MARCH 3, 1992 PAGE 4 Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 7.2 APPOINTMENT OF COMMISSIONERS - 7.2.1 PLANNING COMMISSION - C/Forbing moved, C/Miller seconded to nominate Jack Grothe for reappointment. Motion confirming reappointment carried unanimously. C/Miller moved, MPT/Papen seconded to nominate Bruce Flamenbaum for reappointment. Motion ;confirming reappointment carried unanimously. C/Werner moved, M/Kim seconded to nominate David Meyer. Motion confirming appointment carried by a vote of 4 to 1, MPT/Papen abstaining. MPT/Papen moved, C/Miller seconded to nominate Dexter MacBride for reappointment. Motion confirming reappointment carried unanimously. M/Kim moved, C/Forbing seconded to nominate r, Michael Li to the Planning Commission. Motion confirming appointment carried by a vote of 4 to 1, MPT/Papen abstaining. CC/Burgess administered the Oath of Office to the newly appointed Planning Commissioners. 7.2.2 PARKS & RECREATION COMMISSION - C/Forbing moved, C/Miller seconded to nominate Lydia Plunk for reappointment. Motion for confirmation of reappointment carried unanimously. C/Miller moved, C/Forbing seconded to nominate Raul Medina. Motion for confirmation of appointment carried unanimously. C/Werner moved, MPT/Papen seconded to nominate Patrick Whelan for reappointment. Motion for confirmation of reappointment carried unanimously. MPT/Papen moved, C/Miller seconded to nominate Joe Ruzicka for reappointment. Motion for confirmation of reappointment carried �. unanimously. M/Kim moved, C/Miller seconded to nominate David Schey. Motion for confirmation of appointment carried unanimously. MARCH 3, 1992 PAGE 5 CC/Burgess administered the Oath of Office to the newly appointed Parks & Recreation Commissioners, with the exception of David Schey, who was not present. 7.2.3 TRAFFIC & TRANSPORTATION COMMISSION - C/Forbing moved, MPT/Papen seconded to nominate Don Ury. Motion to confirm appointment carried unanimously. C/Miller moved, MPT/Papen seconded to nominate Don Gravdahl for reappointment. Motion to confirm reappointment carried unanimously. C/Werner moved, MPT/Papen seconded to nominate Todd Chavers for reappointment. Motion to confirm reappointment carried unanimously. MPT/Papen moved, M/Kim seconded to nominate John Beke for reappointment. Motion to confirm reappointment carried unanimously. M/Kim moved, C/Forbing seconded to nominate Diana Cheng. Motion to confirm appointment carried unanimously. CC/Burgess administered the Oath of Office to the newly appointed Traffic & Transportation Commissioners. MPT/Papen suggested that either a plaque or a Resolution be presented to outgoing Commissioners and Commissioners transferring to other Commissions. C/Werner concurred and requested that City Tiles be presented. RECESS: M/Kim recessed the meeting at 6:50 p.m. RECONVENE: M/Kim reconvened the meeting at 7:08 p.m. MPT/Papen announced that she desired to withdraw her abstentions from voting to confirm all Commissioners, thereby making all confirmations unanimous. 8. PUBLIC HEARINGS: 7:00 p.m. or as soon thereafter as matters can be heard. 8.1 TENTATIVE TRACTS 47850, 47851 AND 48487 - M/Kim excused himself from discussion of this matter due to a potential conflict of interest. MARCH 3, 1992 PAGE 6 CDD/DeStefano reported that the proposed project is for construction of 120 dwelling units on 160 acres at the backside of The Country. Public Hearings were conducted on January 21st and 28th, during which several issues were raised by the public and Council regarding the EIR, geotechnical matters, grading, zoning, land use, general plan issues, etc. Testimony at both hearings required a variety of analyses and responses to comments by staff as well as additional technical data to be provided to the City. Staff and the development consultants reviewed a portion of the data required but not all necessary data had been received. He recommended a one-month continu- ance in order to provide staff sufficient opportunity to collect all materials and thoroughly analyze it for prep- aration of early staff reports to the public and Council. He further recommended that Council open the Public Hearing, receive additional testimony and continue the matter to April 7, 1992. MPT/Papen opened the Continued Public Hearing. Joe Ingraham, 21647 Highbluff, stated that he was con- cerned about Tract 47850 and opposed it for the following reasons: 1) Judge Mills had previously stated that the main part of 47850 was to remain park -like with no construction to take place in this area, 2) no one has seen the model showing proposed development of this tract, 3) he expressed interest in M/Kim's opinion of the project in that his firm worked on it. David Araujo, 3206 Falcon Ridge Rd., expressed agreement with the concerns raised by Mr. Ingraham and inquired into when the developers became aware that the property was within an environmentally -sensitive area. Bruce Farnsworth, 536 W. Whitcomb, Glendora; Conservation Chair, Pomona Valley Audubon Society, stated that his group had studied the draft EIR and Tentative Tract Maps 47850, 47851 and 48487 and was concerned about the omission of species in compliance with the Environmental Quality Act, as well as the lack of a tree preservation ordinance adopted by the City. He requested that the project comply with SB 3880, a critical portion of CEQA requiring full and adequate assessment of mitigation monitoring plans. MPT/Papen, responded by indicating that she and C/Miller had requested that issues regarding cougars, migratory birds and nesting problems be addressed. In addition, they expressed concern regarding grading during nesting season and the mitigation monitoring program. CA/Arczynski also stated that an oak tree preservation ordinance is currently in place in the City that would tie into non -discretionary projects. Since this project MARCH 3, 1992 PAGE 7 requires a full EIR, the EIR will deal with oak trees as well as black walnuts and other trees on the site that either need to be preserved or relocated. In response to C/Werner's question regarding inadequacy of the alternatives in the EIR, Mr. Farnsworth stated that there would not be enough open space for the natural habitat. MPT/Papen directed staff to transmit to Mr. Farnsworth copies of the consultant's responses to the letter of January 21st as these tocuments represent a more up-to- date point of view. Max Maxwell, 3211 Bent Twig Ln., expressed concern regarding details of the fire access gate at the end Hawkwood Rd. He read a letter from the residents of Diamond Ridge outlining specific demands for construction and maintenance of the gate and stating that the gate would be used for fire access only and permanently closed to through traffic during construction and following completion of the projects. He requested that the City include all requirements specified in the letter in the EIR or before issuance of building permits. Don Schad, 1824 Shaded Wood Rd., distributed copies of ;hydrology reports and stated that he was concerned with run-off from the tracts. He also expressed concern that there would not be enough run-off to areas needing water, e.g., the Scouting facility. Franklin Fong, 3253 Falcon Ridge Rd., stated that he was a geotechnical engineer and referred to the report prepared by Layton & Associates. He indicated that there were many deficiencies in the report and questioned whether there is sufficient information to justify the buttress fill or to say that it is adequate. MPT/Papen stated that both she and C/Miller were concerned about these matters and that these matters were to be addressed on April 7. C/Miller also stated that the issue of bentonite is also being questioned as well as stabilization of the fill slopes. The developers will be expected to justify these issues before the project is approved. With no further testimony offered, MPT/Papen continued the Public Hearing to April 7, 1992, at 7:00 p.m. 9. ANNOUNCEMENTS: C/Miller announced that the Diamond Bar High School Color Guard took first in a band competition at the Fiesta Bowl and that staff is developing a presentation to recognize them. He expressed approval of all Commission appointments and wished them luck in their endeavors. MARCH 3, 1992 PAGE 8 C/Werner also congratulated the new commissioners, thanked all outgoing commissioners and thanked the audience for sharing their views. 10. ADJOURNMENT: With no further business to conduct, M/Kim adjourned the meeting to March 10, 1992, at 5:00 p.m. for Closed Session and 6:00 p.m. for a Study Session. 1 Q� LYNDA BURGESS. CITY CLERK 4t1Vgo0OR* NP