HomeMy WebLinkAbout05/19/1992 Minutes - Regular Meeting1.
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MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MAY 19, 1992
CALL TO ORDER: M/Rim called the meeting to order at
6:02 p.m. in the Council Chamber,
AQMD Auditorium, 21865 E. Copley Dr.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge
of Allegiance by M/Kim.
ROLL CALL: Mayor Kim, Mayor Pro Tem Papen,
Councilmen Forbing, Miller and
Werner.
Also present were Robert L. Van
Wort, City Manager; Terrence L.
Belanger, Acting City Manager;
Andrew V. Arczynski, City Attorney;
James DeStefano, Director of
Community Development and Lynda
Burgess, City Clerk.
COUNCIL COMMENTS: MPT/Papen announced that upon
receiving word that several of her campaign signs had been
placed in the wrong locations, they had been removed. She
also announced that the Foothill Transit Zone will add a new
commuter service bus line from Chino Hills to the Fullerton
train station which is expected to start at the end of the
year. The route would begin at Carbon Canyon and travel to
Chino Hills Pkwy., down Grand Ave. to Diamond Bar Blvd. to
Pathfinder, down Route 57 to Lambert to State College Blvd. to
Chapman, Lemon to the train station. She stated that a system
map provided by Foothill Transit was available.
PUBLIC COMMENTS: William Gross, 21637 Highbluff, spoke
in regard to MPT/Papen's recent fundraiser and expressed his
concern over what he considered a potential conflict of
interest.
Jim Paul, 1269 Ahtena, directed comments to MPT/Papen, M/Kim
and C/Miller regarding his opposition to the decision made on
the trash issue.
4. CONSENT CALENDAR: M/Kim stated that he would abstain
from voting on Item 4.11 due to a possible conflict of
interest.
C/Forbing moved, C/Miller 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
ABSTAIN: COUNCILMEN - None (M/Kim abstained from voting on
item 4.11 only)
MAY 19, 1992 PAGE 2
4.1 SCHEDULE OF FUTURE EVENTS:
4.1.1 Traffic & Transportation Commission - May 21,
1992 - 6:30 p.m., AQMD Hearing Room, 21865 E.
Copley Dr.
4.1.2 Memorial Day Holiday Observed - Monday, May
4.2 WARRANT REGISTER - Approved Warrant Register dated May
19, 1992 in the amount of $276,994.77.
4.3 AWARDED CONTRACT FOR CONSTRUCTION OF CONCESSION STAND AT
CARLTON J. PETERSON PARK - Creative Homes, Inc., the
lowest responsive bidder, in the amount of $45,590.00.
4.4 ADOPTED RESOLUTION NO. 92-22: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR CONSTRUCTION OF LANDSCAPE IMPROVEMENTS
WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. 38, LOCATED ON
TEMPLE AVENUE, BETWEEN GOLDEN SPRINGS DRIVE AND DIAMOND
BAR BLVD.
4.5 BOND EXONERATION - Accepted the grading work at 2810
Wagon Train and exonerated the cash deposit posted in the
amount of $2,100.
4.6 REDUCED FAITHFUL PERFORMANCE BOND - Construction of
sewer, water and regional planning -required improvements
at 1300-1360 Valley Vista Drive on Parcel 20358 in the
amount of $292,000.
4.7 ADOPTED RESOLUTION NO. 92-23: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE
ANNEXATION OF CERTAIN LANDS INTO THE CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 38; DECLARING ITS
INTENTION TO ANNEX SAID LANDS INTO SAID DISTRICT;
RESCINDING RESOLUTION NO. 92-17; AND FIXING A TIME AND
PLACE FOR HEARING OF OBJECTIONS HEREON - Public Hearing
set for June 16, 1992 at 7:00 p.m.
25, 1992 - City Offices closed.
4.1.3
Planning Commission - General Plan Hearing -
May 26, 1992 - AQMD Auditorium, 21865 E.
Copley Dr.
4.1.4
Parks & Recreation Commission - May 28,
1992 -
7:00 p.m., AQMD Hearing Room, 21865 E.
Copley
Dr.
4.1.5
Planning Commission Meeting - Tres Hermanos
Conceptual Plan Presentation - June 8,
1992 -
7:00 p.m., AQMD Auditorium, 21865 E.
Copley
Dr.
4.1.6
City Council Draft General Plan
Public
Hearings - June 9, 16, 23, and 30, 1992
- 7:00
p.m., AQMD Auditorium, 21865 E. Copley
Dr.
4.2 WARRANT REGISTER - Approved Warrant Register dated May
19, 1992 in the amount of $276,994.77.
4.3 AWARDED CONTRACT FOR CONSTRUCTION OF CONCESSION STAND AT
CARLTON J. PETERSON PARK - Creative Homes, Inc., the
lowest responsive bidder, in the amount of $45,590.00.
4.4 ADOPTED RESOLUTION NO. 92-22: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR CONSTRUCTION OF LANDSCAPE IMPROVEMENTS
WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. 38, LOCATED ON
TEMPLE AVENUE, BETWEEN GOLDEN SPRINGS DRIVE AND DIAMOND
BAR BLVD.
4.5 BOND EXONERATION - Accepted the grading work at 2810
Wagon Train and exonerated the cash deposit posted in the
amount of $2,100.
4.6 REDUCED FAITHFUL PERFORMANCE BOND - Construction of
sewer, water and regional planning -required improvements
at 1300-1360 Valley Vista Drive on Parcel 20358 in the
amount of $292,000.
4.7 ADOPTED RESOLUTION NO. 92-23: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE
ANNEXATION OF CERTAIN LANDS INTO THE CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 38; DECLARING ITS
INTENTION TO ANNEX SAID LANDS INTO SAID DISTRICT;
RESCINDING RESOLUTION NO. 92-17; AND FIXING A TIME AND
PLACE FOR HEARING OF OBJECTIONS HEREON - Public Hearing
set for June 16, 1992 at 7:00 p.m.
MAY 19, 1992 PAGE 3
4.8 ADOPTED RESOLUTION NO. 92-24: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE
CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO.
38; AND DECLARING ITS INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN
SAID DISTRICT FOR FISCAL YEAR 1992-93; RESCINDING
RESOLUTION NO. 92-18; AND FIXING A TIME AND PLACE FOR
HEARING OF OBJECTIONS HEREON - Public hearing set for
June 16, 1992 at 7:00 p.m.
4.9 AWARDED CONTRACT FOR GOLDEN SPRINGS DR./SYLVAN GLEN ROAD
DRAINAGE SYSTEM - to Excel Paving Co. in the amount of
$29,956.50 and authorized staff to execute change orders
for unforeseen items not to exceed 10$ of the contract
amount.
4.10 TENTATIVE TRACT MAP 51079 AND AMENDMENT TO CONDITIONAL
USE PERMIT 89-551 - continued to June 2, 1992.
4.11 CONSIDERATION OF RESOLUTIONS OF APPROVAL REGARDING
CERTIFICATION OF MASTER ENVIRONMENTAL IMPACT REPORT 91-2
AND VESTING TENTATIVE TRACT MAPS NO. 47851 AND 48487 -
continued to June 2, 1992.
(During Roll Call vote on all consent items, M/Kim
indicated that he was abstaining from this matter due to
a potential conflict of interest.)
5. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
5.1 PRESENTATION OF CITY TILES - M/Kim presented City Tiles
to Bob zirbes, President, D.B. Improvement Association
and to the D.B. Jaycees for their assistance in the
City's 3rd Anniversary celebration.
5.2 CERTIFICATE OF RECOGNITION - MPT/Papen presented a
Certificate of Recognition to Michael J. Burns, Jr., an
eighth grade student at Chaparral Middle School, in
recognition of his selection from among more than 5,000
youth baseball players as an "East-West Ambassador." He
will represent the United States in baseball games played
in Japan and China.
5.3 CERTIFICATES OF RECOGNITION - C/Werner presented
Certificates of Recognition to Eric Lane who placed
first; Judy Ann Ramescal, placed second and Steven Reeves
placed third in the annual Jr. Women's Club Spelling Bee.
6. NEW BUSINESS:
6.1 ADOPTED RESOLUTION NO. 92-25: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR IN SUPPORT OF THE LOS
ANGELES COUNTY COORDINATED PARATRANSIT PLAN - C/Werner
MAY 19, 1992 PAGE 4
moved, MPT/Papen seconded to adopt Resolution No. 92-25
supporting the Los Angeles County Coordinated Paratransit
Plan. With the following Roll Call vote, motion carried:
AYES:
COUNCILMEN
- Miller, Werner, Forbing, MPT/
Papen, M/Kim
NOES:
COUNCILMEN
- None
ABSENT:
COUNCILMEN
- None
ABSTAIN:
COUNCILMEN
- None
6.2 PRESENTATION OF DRAFT BUDGET FOR FISCAL YEAR 1992-93 -
CM/Van Nort reported that the draft budget presented to
Council during the meeting represented a 2.1% reduction
from the previous years' appropriations and a 4.8%
reduction in operating expenses.
C/Werner moved, C/Forbing seconded to set a Public
Hearing for June 2, 1992 at 7:00 p.m. for consideration
of the 1992-93 fiscal year budget and Capital Improvement
Program. With the following vote, motion carried:
AYES: COUNCILMEN - Werner, Forbing, Miller, MPT/
Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
ABSTAIN: COUNCILMEN - None
RECESS: M/Kim recessed the meeting at 6:30 p.m.
RECONVENE: M/Kim reconvened the meeting at 7:00 p.m.
7. PUBLIC HEARINGS: 7:00 P.M. OR AS SOON THEREAFTER AS MATTERS
CAN BE HEARD
7.1 ADOPTED RESOLUTION NO. 92-26 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT
ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT
NO. 39 FOR THE FISCAL YEAR 1992-93 - ACM/Belanger
reported that landscaping improvements to be maintained
through the assessment in District 39 would include
medians, parkways, mini -parks, slopes and open space
areas. Installation of a tot lot at the mini -park on
Summitridge and Softwind and improvements to various
landscaping irrigation systems has been proposed. A
reduction in the assessment of 5% over the previous
year's assessment of $77.00 per parcel was recommended in
the Engineer's Report.
M/Kim opened the Public Hearing.
With no testimony offered, M/Kim closed the Public
Hearing.
In response to C/Werner's request, ACM/Belanger affirmed
that services would remain as previously provided with a
MAY 19, 1992
PAGE 5
C/Werner moved, C/Miller seconded to adopt Resolution No.
92-26 levying an assessment on Landscaping Assessment
District No. 39 for FY 92-93. With the Roll Call vote,
motion carried:
AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/
Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
ABSTAIN: COUNCILMEN - None
7.2 ADOPTED RESOLUTION NO. 92-27: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT
ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT
NO. 41 FOR THE FISCAL YEAR 1992-93 - ACM/Belanger
reported that proposed improvements within District 41
include medians, parkways, mini- parks, slopes and open
space areas. The Engineer's report indicates that the
current assessment of $227.00 per parcel could be
decreased to $220.50 for FY 1992-93 reflecting an
approximate 4% reduction.
M/Kim opened the Public Hearing.
With no testimony offered, M/Kim closed the Public
Hearing.
C/Werner moved, C/Miller seconded to adopt Resolution No.
92-27 levying an assessment on Landscape Assessment
District No. 41 for FY 1992-93. With the following Roll
Call vote, motion carried:
AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/
Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
ABSTAIN: COUNCILMEN - None
7.3 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR DENYING A REQUEST FOR A ONE
YEAR EXTENSION OF TIME ON TENTATIVE TRACT MAP 31977, A
SUBDIVISION TO CREATE 22 LOTS ON 16 ACRES LOCATED
GENERALLY BETWEEN CROMARTY DRIVE, LEYLAND DRIVE AND
GOLDRUSH DRIVE AND MAKING FINDINGS IN SUPPORT THEREOF -
CDD/DeStefano explained that the applicant requested a
two-year extension of time for Tract No. 31977, comprised
of 22 lots on 16 acres generally located on Highcrest
Dr., between Armitos P1. and Gold Rush. The proposed
lots range in size from 16,000 to 158,000 sq. ft. and are
zoned RPD 20,000. The project was approved by the City
in February, 1990 and state law allows for extensions
totaling 12 months; therefore, a two-year extension would
not be permitted. He further stated that the map con-
formed to City development standards when approved, but
it does not currently conform to newly -created standards
MAY 19, 1992 PAGE 6
such as land -form grading. In addition, the map proposes
to utilize single access driveways for more than one lot,
with some drives at 20% grade. No landscape or irriga-
tion plans and no proposed covenants, conditions and
restrictions were previously approved. Concrete terrace
drains currently exist as well as visible 2-1 slopes
which, based upon current development practices, should
be redesigned in a more integrated fashion with existing
developments and reflect more of the natural topography
of the area. When reviewed by the Planning Commission,
the applicant agreed to provide staff with an alternative
preliminary grading plan to incorporate land -form grading
techniques. The applicant submitted revised drawings
which were not reviewed by the Planning Commission.
Based upon the applicant's willingness to incorporate
alterations into the map to meet current standards, the
Commission recommended approval of a one-year extension
of time conditioned upon meeting current hillside stan-
dards. CDD/DeStefano then recommended denial of the
extension requested as the map does not meet current
development standards. He announced that a letter was
received from Mr. & Mrs. E.F. McDowell expressing concern
regarding the present appearance of the property and
requesting clean up or development to eliminate illegal
dumping, etc.
CA/Arczynski indicated that the safest decision for the
Council to make would be to deny the request and a ow
the applicant to process a new application.
Following discussion, M/Kim opened the Public Heari#g.
Martha Bruske, 600 S. Great Bend, asked when consider-
ation would be given to installation of a traffic signal
on Gold Rush at Diamond Bar Blvd.
C/Miller stated that the matter of a signal at Gold Rush
and Diamond Bar Blvd. had been considered by the Traffic
& Transportation Commission who approved adding the
signal to the City's capital improvement system.
Michael Goldenberg, 1859 Morning Canyon, expressed
concern over liability and possible litigation at some
future date if an extension is not granted for this
project.
With no further testimony offered, M/Kim closed the
Public Hearing.
C/Werner moved, M/Kim seconded to extend the map as
recommended by the Planning Commission.
C/Miller stated that he did not feel that the conditions
were restrictive enough and that the Council needs to
require implementation of single drives, landscaping and
MAY 19, 1992 PAGE 7
irrigation plans to be provided expeditiously and that
CC&R's be developed. He felt that a year is too long but
indicated that he would support a six month extension.
Mr. Lind indicated that he felt that the applicant would
be able to complete landscape plans and CC&R's and
process the project within six months.
C/Werner amended his motion to reduce the time extension
to six months. M/Kim withdrew his second and C/Miller
seconded the motion and pointed out that the approval
included conditions previously stated and required the
applicant to keep the land cleared. It was agreed that
the deadline for the extension would be November 18,
1992. With the following Roll Call vote, motion carried:
AYES: COUNCILMEN - Werner, Forbing, Miller, MPT/
Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
ABSTAIN: COUNCILMEN - None
CA/Arcyznski stated that staff would bring back the
appropriate resolutions reflecting the Council's
statements.
8. ANNOUNCEMENTS: MPT/Papen announced that the State
Senate had approved legislation supporting the acquisition of
land for a high school and that the matter is now being
considered by the Assembly.
C/Werner stated that he had received a letter from D.B. Honda
regarding modification of the sign ordinance and requested
that the matter be scheduled for Council consideration on June
2, 1992.
delivered
ACM/Belanger to residents with survey
The Windmill and requested that
they be completed and returned.
9. ADJOURNMENT; With no further business to conduct,
M/Kim adjourned the meeting at 8:00 p.m. ^
LYNDA BURGESS, City Clerk
ATTEST: