Loading...
HomeMy WebLinkAbout04/21/1992 Minutes - Regular Meeting1. 2. 3. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 21, 1992 CLOSED SESSION: Personnel Section - 54957.6 Litigation Section - 54956.9 No reportable action taken. CALL TO ORDER: M/Kim called the meeting to order at 6:06 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 Forbing, Miller and Werner. Also present were Robert L. Van Nort, City Manager; Terrence L. Belanger, Assistant City Manager; William P. Curley, III, Deputy City Attorney; James DeStefano, Director of Community Development and Lynda Burgess, City Clerk. COUNCIL COMMENTS: None offered. 4. CITY ATTORNEY COMMENTS: DCA/Curley announced that the lawsuit filed by the San Gabriel Valley Tribune against the City regarding a possible violation of the Brown Act had been dismissed. 5. PUBLIC COMMENTS: Phyllis Baca, 24239 High Knob Rd. complained that one of her neighbors is in the business of restoring antique cars and another makes furniture --both out of their homes. Another homeowner manufactures clothing in his garage on a neighboring street. She requested the City to reconsider the issue of business licenses and presented a petition signed by her neighbors asking for better regulation of home businesses. Following discussion, CDD/DeStefano stated that he would meet with Ms. Baca and Code Enforcement Officer Flores regarding the matter and report back to the Council and Ms. Baca. Martha Bruske, 600 S. Great Bend Dr., asked whether the City would be scheduling a hazardous waste roundup in the future. She recommended that the City consider prohibiting junk mail similar to that done in the City of Los Angeles. In addition, she suggested that the City look into a way of collecting and storing out of date telephone directories. Beverly D'Errico, representing "Results," a citizens' hunger lobby, announced that a meeting would be held on Thursday, April 23, 1992 at 7:00 p.m. in Room CC -6 at the AQMD. Representatives of Congressional candidates Jay Kim and Kevin Dockery will be on hand to answer questions and a video will APRIL 21, 1992 PAGE 2 be shown regarding "Head Start" and "Wick." A meeting will also be held on May 21, when the speaker will be Dr. Jack Bath, biology professor at Cal Poly and a member of the Sierra Club, on the importance of saving local bio -regions. Speakers will also address the Earth Summit to be held in Rio de Janeiro and the Earth Summit Leadership Act to be introduced in Congress soon. Ken Anderson, 2628 Rising Star Dr., spoke on his concerns regarding Fountain Springs Rd. at Diamond Bar Blvd. and the fact that in the past two weeks, there have been two serious accidents at this intersection. He further stated that three signs have been posted in the Country Hills Town Center that do not conform with the Sign Code and that there is a problem with graffiti in this area. 6. CITY MANAGER COMMENTS: CM/Van Nort stated that Council previously retained consultants to prepare a Tres Hermanos Conceptual Plan with an estimated completion date of May, 1992. However, since the Pomona Unified School District has not yet selected a site for the high school, the consultants have been unable to finalize the plan. He further stated that as soon as a recommendation has been made, the City will present the conceptual plan to the public. 7. CONSENT CALENDAR: CM/Van Nort announced that on April 25, 1992 from Noon to 4:00 p.m., the City would celebrate its 3rd anniversary at Sycamore Canyon Park. He further stated that the Council desires to recognize those who served on the General Plan Advisory Committee with either a Certificate of Recognition or City Tile and to officially dissolve the Committee effective April 23, 1992. He went on to personally thank Don Schad, Don Taylor, Don Robertson, Eric Stone, Greg Hummel, Ed Layton and Ross Bilotta, who donated many, many hours to completing the task of preparing a draft of the General Plan. C/Miller moved, C/Werner seconded to approve the Consent Calendar as submitted. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Miller, Werner, MPT/Papen, 7.1 SCHEDULE OF FUTURE EVENTS: 7.1.1 Parks & Recreation Commission - April 23, 1992 - 7:00 p.m., AQMD Room CC -2, 21865 E. Copley 7.1.2 Traffic & Transportation Commission - April 23, 1992 - 6:30 p.m., Community Room, 1061 S. Grand Ave. 7.1.3 3rd Anniversary Celebration - April 25, 1992 - 12:00 p.m. to 4:00 p.m., Sycamore Canyon Park 7.1.4 Planning Commission General Plan Public APRIL 21,.1992 PAGE 3 Hearing - April 27, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7.1.5 Planning Commission General Plan Public Hearing - May 4, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7.1.6 City Council Meeting - May 5, 1992 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7.1.7 Planning Commission General Plan Public Hearing - May 11, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7.1.8 Sheriff's Quarterly Breakfast - May 12, 1992 - 7:00 a.m., AQMD, 21865 E. Copley Dr. 7.2 APPROVAL OF MINUTES - Study Session of March 24, 1992 - Approved as submitted. 7.3 WARRANT REGISTER - Approved Warrant Register dated April 21, 1992 in the amount of $521,718.22. 7.4 TREASURER'S REPORT - Received & filed Treasurer's Report for the month of March, 1992. 7.5 APPROVED RELEASE OF GRADING CASH DEPOSIT - $8,922.60 for 1948 Flintrock Road. 7.6 GENERAL PLAN ADVISORY COMMITTEE - Officially dissolved the Committee effective April 23, 1992 and directed staff to provide appropriate recognition for all participants to include a City Tile and/or Certificates of Recognition where appropriate. 7.7 AWARDED CONTRACT FOR PROFESSIONAL CODIFICATION AND PUBLICATION OF CITY ORDINANCES - Municipal Code Corp., Tallahassee, Florida in an amount not to exceed $18,440 and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. 7.8 PATHFINDER BRIDGE WIDENING PROJECT - Authorized the Mayor to enter into an agreement with the County of Los Angeles and Caltrans for the widening of Pathfinder Rd. overcrossing on State Route 57, modification of the southerly ramp terminals and traffic signals and construction of a park -n -ride lot on the northeast quadrant of the interchange. 7.9 1991-92 SLURRY SEAL IMPROVEMENT PROGRAM - AREA TWO - Awarded a contract to Roy Allan Slurry Seal, Inc. in the amount of •$145,599.75 for the 1991-92 Slurry Seal Improvement Program - Area Two. I 7.10 ADOPTED RESOLUTION NO. 92-16: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE PURCHASE AND INSTALLATION OF PARKWAY TREES. APRIL 21, 1992 PAGE 4 7.11 APPROVED INSTALLATION OF 3 -WAY STOP SIGN AT PATHFINDER AND BREA CANYON ROADS. 8. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. M 8.1 PROCLAMATIONS: 8.1.1 Proclaimed April 26 through May 3, 1992 as "Child Passenger Safety Week." 8.1.2 Proclaimed April 30, 1992 as "National Law Day." 8.1.3 Proclaimed Month of May as "Water Awareness Month." 8.1.4 Supporting Enactment of a National Earthquake Insurance and Hazard Reduction Program. 8.2 UPDATE ON PLANS FOR 3RD ANNIVERSARY CELEBRATION - Admin. Asst. Kellee Fritzal made a presentation regarding the Third Anniversary of the incorporation of the City. She stated that both the Diamond Bar Jaycees and the Diamond Bar Improvement Association donated money to conduct a community -wide Third Anniversary Celebration, April 25, 1992 at Sycamore Canyon Park, 22930 Golden Springs Rd. between noon and 4:00 p.m. The day's activities will include a Concert in the Park, featuring a 50's & 60's Band, The Chaparral and South Pointe Bands will be +� playing during the afternoon, a Children's Fun Zone, cake cutting at 2:10 p.m., a Historical and Emergency Preparedness Display and a free shuttle available from the Diamond Bar Golf Course along Golden Springs Rd. OLD BUSINESS: 9.1 ORDINANCE NO. 24C (1989): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 24 (1989), AS HERETOFORE AMENDED, CONCERNING THE SELECTION OF A CHAIR AND OTHER OFFICES OF THE PARKS AND RECREATION COMMISSION - C/Forbing moved to waive full reading and adopt Ordinance No. 24C(1989. C/Werner seconded. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 9.2 ORDINANCE NO. 25D (1989): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 25 (1989), AS HERETOFORE AMENDED, CONCERNING THE �.., SELECTION OF A CHAIR AND OTHER OFFICES OF THE PLANNING COMMISSION - Cl Forbing moved, C/Werner to waive full reading and adopt Ordinance No. 25D (1989). With the following Roll Call vote, motion carried: APRIL 21, 1992 PAGE 5 AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 9.3 ORDINANCE NO. 28C (1989): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 28 (1989), AS HERETOFORE AMENDED, CONCERNING THE SELECTION OF A CHAIR AND OTHER OFFICES OF THE TRAFFIC AND TRANSPORTATION COMMISSION - C/Forbing, C/Werner seconded to waive full reading and adopt Ordinance No. 28C (1989) . With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None RECESS: M/Kim recessed the meeting at 6:40 p.m. RECONVENE: M/Kim reconvened the meeting at 7:00 p.m. 10. PUBLIC HEARINGS: 7:00 p.m. or as soon thereafter as matters can be heard. 10.1 PRELIMINARY DRAFT HOUSEHOLD HAZARDOUS WASTE ELEMENT - Asst. to CM/Butzlaff reported that the California Integrated Waste Management Act of 1989 (AB939) and subsequent Assembly Bill 2707 requires the City to prepare, adopt and implement a separate Household Hazardous Waste Element (HHWE) identifying how the City will properly reduce, collect, recycle, treat and dispose of all household hazardous wastes generated in the City. MPT/Papen declared the Public Hearing open. With no one offering to speak on the matter, M/Papen closed the Public Hearing. Following discussion, it was moved by C/Miller, seconded by MPT/Papen to forward comments received to the JPA consultant for integration into the final Household Hazardous Waste Element. 10.2 CONTINUED PUBLIC HEARING REGARDING CERTIFICATION OF MASTER ENVIRONMENTAL IMPACT REPORT 92-1 AND APPROVAL OF VESTING TENTATIVE TRACT MAPS 47850, 47851 AND 48487 - Due to a potential conflict of interest, M/Kim removed himself from the meeting. C/Miller suggested that since there are a number of concerns regarding Tract 47850, it should be withdrawn from consideration until additional soils tests and other data can be obtained. APRIL 21, 1992 PAGE 6 Cecil Mills reported that Diamond Bar Associates was willing to withdraw its application for Tract 47850 without prejudice to any right they may have to bring it back to the Council at such time as additional studies have been made. Following discussion, C/Miller moved, C/Werner seconded to withdraw Tract No. 47850 from the calendar. Mr. Mills requested postponement of Tract No. 47850 for approximately 3-4 months until approximately September 1st. C/Miller amended his motion to require that the applicant not bring Tract No. 47850 back for Council review before September 1st but no later than October 31st. C/Werner amended his second. Motion carried unanimously (4-0, M/Kim abstaining). Don Brockway, representing Leighton & Assoc., stated that their recommendation would be that both Tracts No. 47851 and 48487 could be approved as vesting tentative tracts. A change in the design of the shear key at the head of a landslide, above lots 18, 19 and 20 on Tract 47851 was suggested. The shear key was moved to prohibit building within an area that could fail if the landslide were to reactivate. This boundary to the restricted use zone is established by projecting a one-to-one slope up from the toe of the shear key as now planned. Since there is no assurance that the shear key could be repaired in the event that the landslide would move, it was recommended that the zone be governed by a projection of a one and one-half to one slope from the toe of the shear key. The results would be about a 20 ft. wider zone to restrict building. In lieu of that, if the developer's consultant can design the shear key in such a manner as to enhance the strength that would ensure safety using a one to one projection, would also be acceptable. In response to MPT/PapenIs inquiry into whether engineer- ing changes would allow for sufficient pads on lot 19 with the same number of lots, CDD/DeStefano stated that information received in the last two days indicated that Lots 18, 1.9 and 20, which are at the end of a long cul- de-sac, would be in jeopardy and may need to be eliminated and the cul-de-sac shortened. He further stated that a decision could not yet be made and would be necessary to understand the geotechnical consultants' findings and recommendations. He indicated that if the Council chooses to approve 47851, direction could be given to staff to specifically analyse the developable pads and their possibilities at the end of the cul-de-sac or Council could specifically direct staff to eliminate those lots subject to much more detailed analysis presented by the developer at a future date. APRIL 21, 1992 PAGE 7 MPT/Papen opened the Public Hearing. Don Schad, 1824 Shaded Wood Rd., stated that he felt that hydrology factors have not been carefully considered and that pollutants will enter Tonner Canyon and cause permanent ecological damage. He suggested that, staff contact Michael Brandon, with the Department of Reional Planning, regarding his ecological findings. William Gross, 21637 Highbluff Rd., stated that this project is inconsistent with the proposed General Plan and that, in his opinion, this project is a "vesting tract map." Wilbur Smith, 21630 Fairwind, stated that he felt that neither the City nor the developer have shown that this project is geotechnically feasible at this stage. C/Miller stated that the bentonite bed is 1/2" thick and 175' below the surface and would not require removal or mixing. No bentonite exists in Tract 47861. He further stated that a "worst case" design has been required for Tract No. 47850. With no further testimony offered, MPT/Papen closed the Public Hearing. Mr. Mills requested that Condition 24 for Tract No. 47851 as well as staff report Exhibit "B" be stricken which deals with the remaining parcel. In regard to vesting of the maps, CDD/DeStefano stated that staff has receipts from the County showing that when all three tracts were submitted, they were vested. In addition, the maps accompanying the applications show vesting. MPT/Papen stated that she is concerned that the Water District and Planning are not moving in the same direction with regard to reclaimed water and that she did not want the condition requiring dual water lines to be stricken. C/Werner requested that disclosure of the presence of bentonite beds be included in one of the mitigation measures to be covered under the EIR and part of the Mitigation Monitoring Program. CDD/DeStefano stated that this information could be provided in a Buyer's Awareness package, a statement in the CC&R's or any other documents that are appropriate for place information such as this. C/Miller stated that Condition 11 on Exhibit Bla for TTM 47851, should be redrafted to read "a detailed landscape, APRIL 21, 1992 PAGE 8 irrigation plan and reclaimed water line plan for future service including slope planning." Condition 10 on Exhibit Bla for TTM 48487 should also be changed. MPT/Papen obtained Council concurrence supporting C/Werner's suggestion that disclosure of the bentonite beds be included in a buyer awareness package. MPT/Papen further obtained Council concurrence supporting the request of the applicant to remove Condition 24. In regard to lots 18, 19 and 20, C/Miller suggested that staff be directed to prepare a resolution of approval with findings, conditions and mitigation measures for that tract with the possible loss of lots 18, 19 and 20 if the geotechnical concerns associated with the shear key cannot be resolved prior to Council approval. C/Werner asked for a conclusive legal opinion as to whether or not this was a vesting map application. CA/Arczynski stated that the map in the EIR that has been referred to as "the map that doesn't say vesting tentative map on it" also does not include a lot of other information normally found. It appears to be a portion of the tract map that was copied to fit in the book. The documentation in staff's possession indicates that the original documents submitted reflect vesting tentative tract maps on them and therefore, he would consider that the maps are vested. C/Werner asked to see documentation showing that when the application was submitted, it was for vesting tract maps. C/Miller moved, C/Werner seconded to direct staff to prepare a resolution of approval with findings, conditions and mitigation measures for Vesting Tentative Tract No. 47851 with a possible loss of lots 18, 19 and 20 if the geotechnical concerns associated with the shear key cannot be resolved and that the remainder parcel, which is Condition 24, be open space and deeded to the homeowners' association as such. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Werner, Forbing, Miller, MPT/ Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None ABSTAIN: COUNCILMEN - M/Kim C/Miller moved, C/Werner seconded to direct staff to prepare resolutions of approval with findings, conditions and mitigation measures for Vesting Tentative Tract Map 47851 and 48487. With the following Roll Call vote, motion carried: APRIL 21, 1992 PAGE 9 i I I AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/ Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None ABSTAIN: COUNCILMEN - M/Kim 11. ANNOUNCEMENTS: CM/Van Nort announced that, some time ago, the City Council and Chamber of Commerce agreed to contact all shopping center owners to determine what could be done as a group to assist in the retention of businesses in the City. The Council has authorized the City Manager's office to proceed with the retention of a facilitator to organize a workshop within the next several weeks. He further stated in meetings held with neighboring cities attended by Mayor Pro Tem Papen, Acting City Manager Belanger and himself, it was discovered that the other cities are having similar problems. 12. ADJOURNMENT: With no further business to conduct, MPT/Papen adjourned the meeting at 8:33 p.m. 4LDA SWFaJrSS, --City Clerk ATTEST: Mayor