HomeMy WebLinkAbout06/02/1992 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JUNE 2, 1992
1. CLOSED SESSION: 5:00 p.m. Personnel - G.C. 54957.6
Litigation - G.C. 54956.9
No Closed Session was held.
2. CALL TO ORDER: M/Rim called the meeting to order at
6:05 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, Councilmen Forbing,
Miller and Werner. Mayor Pro Tem
Papen arrived at 6:09 p.m.
Also present were Robert L. Van
Nort, City Manager Emeritus;
Terrence L. Belanger, Acting City
Manager; Andrew V. Arczynski, City
Attorney; James DeStefano, Director
of Community Development and Lynda
Burgess, City Clerk.
3. COUNCIL COMMENTS: C/Werner expressed hope that
everyone took the opportunity to
vote.
4. PUBLIC COMMENTS: Wilbur Smith, 21630 Fairwind Ln.,
spoke in opposition to adoption of Resolutions of approval for
the EIR and Vesting Tentative Tract Maps 47851 and 48487.
Eileen Ansari, 1823 S. Cliffbranch, invited Council to attend
an Eagle Scout Ceremony honoring her son, Navid, on June 14,
1992. She also asked for clarification as to what is being
done in regard to the Boy Scout Reservation in Tonner Canyon.
CM/Van Nort stated that a study is currently in progress,
funded by San Bernardino and Orange Counties, regarding the
feasibility of a road to be constructed through the
Reservation. The study will not be complete for quite some
time.
William Tullos, Jr., 21620 E. Fairwind Ln., also spoke in
opposition to approval of Resolutions for Vesting Tentative
Tract Maps 47851 and 48487.
William Gross, 21637 Highbluff Rd., expressed concern regard-
ing individuals who contributed to MPT/Papen's campaign for
State Assembly.
MPT/Papen stated that she would abstain from voting on
Tentative Tract Maps 47851 and 48487 due to a possible
conflict of interest.
JUNE 2, 1992 PAGE 2
Clair Harmony, 24139 Afamado, spoke in regard to approximately
$16,000 expended by the City to defend a lawsuit filed by the
San Gabriel Valley Tribune in 1989 regarding a possible
violation of the Brown Act due to "secret" City Council
meetings held prior to official Incorporation. He further
stated that Council should reimburse the City for the expense.
MPT/Papen stated that she felt that the actual cost was more
in the range of $22,000 and that Mr. Horcher had hired a
private attorney costing approximately $4,500.
CA/Arczynski stated that there were no secret meetings held
and that the case had been dismissed. The Judge expressed
surprise that a Judge Pro Tem had issued a restraining order
on a Council that did not exist. He further indicated that
the Legislature is considering legislation to preclude elected
but not yet sworn -in Councilmembers from meeting. He further
stated that the suit had been dismissed without prejudice.
Jeff Nelson, 23051 Rio Lobos Rd., also commented on "secret
meetings" and Council ethics.
Max Maxwell, 3211 Bent Twig Ln., spoke in regard to saving
Tonner Canyon and announced that he and other citizens would
be protesting every Friday night on Grand Ave. and Diamond Bar
Blvd. He requested that Items 5.8.1 and 5.8.2 be removed
from the Consent Calendar for discussion.
Lydia Plunk stated that she felt that Council meetings are
business meetings and should be used for business only --not as
a political platform for campaigning.
Patricia Ayoub, 23656 Gold Nugget, asked the Council to
consider constructing a wall on the north side of Grand Ave.
due to traffic noise and to protect the privacy and safety of
residents on Gold Nugget. She further stated that Council had
previously received copies of a petition and pictures of an
accident on April 28, 1992 in which a car traveling on Grand
Ave. went over the embankment and came to a stop in two
backyards of homes on Gold Nugget.
CM/Van Nort referred the matter to the Traffic
Transportation Commission.
Jim Paul, 1269 Ahtena Dr., commented on his treatment by
MPT/Papen at the last Council meeting and asked that the
Council refrain from intimidating anyone wishing to voice
their opinion.
Cecil Mills, principal of Diamond Bar Associates, in response
to comments made by William Gross, stated that Diamond Bar
Associates did not provide office space to MPT/Papen's
campaign.
JUNE 2, 1992 PAGE 3
Gary Neely, 344 Canoecove, stated that he had concerns
regarding the Land Use and Physical Mobility Element proposed
for the General Plan. He further stated that he was in
support of scenic route construction in Tonner Canyon, but was
concerned regarding possible ecological damage to the canyon.
He further expressed concern that no developer fees had been
charged to Diamond Bar Associates even though a road through
Tonner Canyon is estimated to cost $25 million per mile.
CM/Van Nort stated that there is an addendum to the project
which is, therefore, incomplete.
MPT/Papen stated that she felt that an alternative trans-
portation method should be looked at and that the Cities of
Brea and Diamond Bar and members of the 57 North Corridor Plan
have discussed the possibility of bringing in light rail.
5. CONSENT CALENDAR: M/Kim requested that Item 5.8 and
5.14 be removed from the Consent Calendar.
MPT/Papen asked that Item 5.7 also be removed.
MPT/Papen moved, M/Kim seconded to approve the Consent
Calendar with the exception of Items 5.7, 5.8 and 5.14. With
T, 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 Planning Commission - Tres Hermanos Conceptual
Plan Presentation - June 8, 1992 - 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
5.1.2 City Council Draft General Plan Public Hearing
- June 9, 1992 - 7:00 p.m., AQMD Auditorium,
21865 E. Copley Dr.
5.1.3 Traffic & Transportation Commission - June 11,
1992 - 6:30 p.m., AQMD Hearing Room, 21865 E.
Copley Dr.
5.1.4 City Council Meeting - June 16, 1992 - 6:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.2 APPROVAL OF MINUTES -
5.2.1 Regular Meeting of May 5, 1992 - Approved as
submitted.
5.2.2 Regular Meeting of May 19, 1992 - Approved as
.— submitted.
5.3 WARRANT REGISTER - Approved Warrant Register dated June
2, 1992 in the amount of $500,293.68.
5.4 TREASURER'S REPORT - April 1992 - Received and filed.
JUNE 2, 1992 PAGE 4
5.5 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular
Meeting of April 23, 1992 - Received and filed.
5.6 ADOPTED RESOLUTION NO. 92-28: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, ADOPTING THE STATEMENT OF
INVESTMENT POLICY.
5.9 ADOPTED RESOLUTION NO. 92-35: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AN EXTENSION
OF TIME FOR TENTATIVE TRACT MAP NO. 31977 FOR A
TWENTY-TWO (22) LOT SUBDIVISION ON SIXTEEN (16) ACRES,
LOCATED GENERALLY BETWEEN CROMARTY DRIVE, GOLDRUSH DRIVE
AND LEYLAND DRIVE, DIAMOND BAR, COUNTY OF LOS ANGELES,
CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF.
5.10 EXONERATED STORM DRAIN BONDS - TRACTS 41350 & 42533 -
Storm Drain No. 1668, Unit II, Tract No. 41350 (Montefino
Dr.), $6,700 and Storm Drain No. 1890, Tract No. 42533
(Estoril Dr.) in the amount of $8,000.
5.11 REDUCED STORM DRAIN FOR PRIVATE DRAIN NO. 2021, TRACT
36741, Bond No. 5293514 in the amount of $25,000.
Constructed by Presley of Southern California.
5.12 ADOPTED RESOLUTION NO. 92-29: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
CONSENTING TO THE ESTABLISHMENT OF A PORTION OF
PATHFINDER ROAD WITHIN SAID CITY AS PART OF THE SYSTEM OF
HIGHWAYS OF THE COUNTY OF LOS ANGELES, APPROVING THE
NEGATIVE DECLARATION PREPARED THEREFOR AND MAKING
FINDINGS IN SUPPORT THEREOF.
5.13 ADOPTED RESOLUTION NO. 92-30: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPOINTING A CITY
TREASURER.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
5.7 ADOPTION OF RESOLUTIONS OF APPROVAL FOR TENTATIVE TRACT
MAP 51079 AND AMENDMENT TO CONDITIONAL USE PERMIT 89-551.
5.7.1 RESOLUTION NO. 92-31: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING TENTATIVE TRACT MAP NO. 51079 FOR A
ONE (1) LOT SUBDIVISION AND THE CREATION OF 54
AIR SPACE UNITS AT 800 SOUTH GRAND AVENUE,
DIAMOND BAR, COUNTY OF LOS ANGELES,
CALIFORNIA, AND MAKING FINDINGS IN SUPPORT
THEREOF.
Following discussion, C/Forbing moved,
C/Miller seconded to adopt Resolution No.
92-31. With the following Roll Call vote,
motion carried:
JUNE 2, 1992 PAGE 5
AYES: COUNCILMEN - Miller, Forbing, M/Kim
NOES: COUNCILMEN - Werner, MPT/Papen
ABSENT: COUNCILMEN - None
5.7.2 RESOLUTION NO. 92-32: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING AN AMENDMENT TO CONDITIONAL USE
PERMIT NO. 89551 PERTAINING TO A 4.5 ACRE
SITE LOCATED AT 800 SOUTH GRAND AVENUE,
DIAMOND BAR, COUNTY OF LOS ANGELES,
CALIFORNIA, AND MAKING FINDINGS IN SUPPORT
THEREOF.
C/Forbing moved, C/Miller seconded to adopt
Resolution No. 92-32. With the following
Roll Call vote, motion carried:
AYES: COUNCILMEN - Miller, Forbing, M/Kim
NOES: COUNCILMEN - Werner, MPT/Papen
ABSENT: COUNCILMEN - None
5.8 ADOPTION OF RESOLUTIONS OF APPROVAL FOR CERTIFICATION OF
MASTER ENVIRONMENTAL IMPACT REPORT 91-2 AND APPROVAL OF
VESTING TENTATIVE TRACT MAPS 47851 AND 48487.
5.8.1. RESOLUTION NO. 92-33: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING VESTING TENTATIVE TRACT MAP NO.
47851 FOR A FORTY-EIGHT (48) LOT SUBDIVISION
LOCATED NORTHEAST OF THE INTERSECTION OF WAGON
TRAIN LANE AND THE NORTHERLY TERMINUS OF
WINDMILL DRIVE, DIAMOND BAR, COUNTY OF LOS
ANGELES, CALIFORNIA, AND MAKING FINDINGS IN
SUPPORT THEREOF.
M/Kim announced that he would abstain from
voting on this matter due to a potential
conflict of interest. He turned the gavel
over to MPT/Papen.
C/Forbing moved, C/Miller seconded to adopt
Resolution No. 92-33 along with revisions to
the Mitigation Monitoring Program.
In response to C/Werner's question, CDD/
DeStefano stated that the EIR had gone through
the regulatory CEQA process of notice of
preparation, responding to those issues raised
in the draft EIR, distribution of the draft
EIR and response to comments generated upon
the draft. The Division of Mines and Geology
responded to the City on October 15, 1990 and
indicated some issues which were responded to
in the document and requested no further
review of any future documents.
JUNE 2, 1992 PAGE 6
Following discussion, Resolution No. 92-33 was
adopted by Roll Call vote:
AYES:
COUNCILMEN -
Werner, Forbing,
Miller, MPT/Papen
NOES:
COUNCILMEN -
None
ABSENT:
COUNCILMEN -
None
ABSTAIN:
COUNCILMEN -
M/Kim
5.8.2 ADOPTED RESOLUTION NO. 92-34: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING VESTING TENTATIVE TRACT MAP NO.
48487 FOR A FIFTEEN (15) LOT SUBDIVISION
LOCATED NORTHEAST OF THE INTERSECTION OF WAGON
TRAIN LANE AND THE NORTHERLY TERMINUS OF
WINDMILL DRIVE, DIAMOND BAR, COUNTY OF LOS
ANGELES, CALIFORNIA, AND MAKING FINDINGS IN
SUPPORT THEREOF.
C/Forbing moved, C/Miller seconded to adopt
Resolution No. 92-34, along with revisions to
the Mitigation Monitoring Program. With the
following Roll Call vote, motion approved:
AYES: COUNCILMEN - Forbing, Miller, �.
Werner
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
ABSTAIN: COUNCILMEN - MPT/Papen, M/Rim
5.14 APPROVAL OF CITY ATTORNEY CONTRACT - Consideration of
proposed agreement with the Law Offices of Markman,
Arczynski, Hanson & King for continuing basic legal
services.
M/Kim moved, C/Werner seconded to direct staff to rene-
gotiate the City Attorney's contract to either remain at
the same rate or lower due to budgetary constraints.
C/Werner suggested that the matter be deferred to the
Personnel Committee and the Acting City Manager. M/Kim
then amended his motion to direct that the Personnel
Committee be involved in negotiations.
With the following Roll Call vote, motion carried:
AYES: COUNCILMEN - Werner, MPT/Papen, M/Kim
NOES: COUNCILMEN - Miller, Forbing
ABSENT: COUNCILMEN - None
6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
6.1 PRESENTATIONS TO OUTGOING CITY MANAGER - M/Kim announced
that Superintendent Iry Moskowitz, Pomona Unified School
District, extended congratulations and best wishes to Mr.
Van Nort.
JUNE 2, 1992 PAGE 7
Fred Scalzo, President of the Chamber of Commerce,
presented Mr. Van Nort with a Certificate of
Appreciation.
Anne Stevens, representing Supervisor Deane Dana,
presented Mr. Van Nort with a Plaque on behalf of the
Supervisor.
ACM/Belanger presented Mr. Van Nort with Certificates of
Recognition from Senator Frank Hill and Assemblyman Paul
Horcher. ACM/Belanger then presented a City Tile to Mr.
Van Nort and a bouquet of roses to Mrs. Diane Van Nort on
behalf of the City Council.
RECESS: Reception for Outgoing City Manager Robert L. Van Nort
- M/Kim recessed the meeting at 7:35 p.m.
RECONVENE: M/Kim reconvened the meeting at 8:00 p.m.
7. NEW BUSINESS:
7.1 INTERIM ORDINANCE NO. 02(1992) - SIGN ORDINANCE -
CDD/DeStefano stated that staff was directed to look at
the possibility of creating a less restrictive policy
regarding banners and inflatable signs. The proposed
Interim Ordinance would allow banners and inflatable
signs in the following manner: wind blown devices,
(streamers, pennants, banners) for use on all commer-
cially -zoned and utilized property, and tethered balloons
or inflatable devices for use at freeway -oriented,
commercial property. All signs would be considered
temporary and subject to review by Community Development
as to the specific location of sign, design, color, size,
height, etc. The Ordinance further proposes that the
maximum sign area for banners be one sq. ft. of signage
for each linear ft. of property frontage. Tethered
balloons would not be permitted to exceed 60 feet in
height from grade. A maximum of four permits be approved
for any single business within a calendar year with a
maximum cumulative total during that year of no more than
60 days. In order to provide for pedestrian or vehicular
safety, the Ordinance proposes that requests for signs be
submitted to the City via a sign permit application along
with a minimum of $25.00 processing fee.
MPT/Papen pointed out that the Ordinance contains no
provisions for enforcement in the event of abuse.
Fred Scalzo, President of the Chamber of Commerce, spoke
in favor of adoption of this ordinance.
Al Rumpilla, 23958 Golden Springs Dr., also spoke in
favor of the Ordinance but would not like to see
processing fees charged.
JUNE 2, 1992
8.
PAGE 8
Following discussion, C/Miller moved, C/Werner seconded
to adopt Ordinance No. 02 (1992): AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING AN
INTERIM ZONING ORDINANCE PURSUANT TO THE PROVISIONS OF
CALIFORNIA GOVERNMENT CODE SECTION 65858(a) AND MAKING
FINDINGS IN SUPPORT THEREOF and to set a Public Hearing
for consideration of a permanent Ordinance on July 7,
1992. With the following Roll Call vote, motion carried:
AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/
Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
PUBLIC HEARINGS: 7:00 p.m. or as soon thereafter as matters
can be heard.
8.1 PROPOSED BUDGET AND CIP FOR FY 1992-93 - In response to
C/Werner's question regarding personnel, CM/Van Nort
stated that the position of Assistant City Manager is not
being filled at this time and in exchange for that
position, an Engineering Secretary is proposed along with
a Transportation Planner to be paid for through Prop A
funds.
Following discussion, M/Kim opened the Public Hearing.
James Roberts, 23627 Bower Cascade, asked what community
development was and stated that he felt there was too
much development going on in the community.
CM/Van Nort stated that community development is a
combination of three functions: planning, building and
safety and code enforcement.
With no further testimony offered, M/Kim closed the
Public Hearing.
C/Miller moved, C/Forbing seconded to approve the Budget
and Capital Improvement Projects for Fiscal Year 1992-93.
With the following Roll Call vote, motion carried:
AYES: COUNCILMEN - Werner, Forbing, Miller, MPT/
Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
8.2 HOUSEHOLD HAZARDOUS WASTE ELEMENT/SOURCE REDUCTION
RECYCLING ELEMENT - CM/Van Nort recommended that this
Hearing be continued to June 16, 1992 to allow additional
time for integration of the Waste Board's comments into
the final Element.
M/Rim opened the Public Hearing.
JUNE 2, 1992 PAGE 9
James Roberts asked about the types of items to be
recycled.
CM/Van Nort stated that it would include such items as
motor oil.
With no further testimony offered, M/Kim continued the
Public Hearing to June 16, 1992.
9. ANNOUNCEMENTS: The City Council thanked CM/Van Nort
for his service to the community.
CDD/DeStefano announced that the Planning Commission would
host a presentation of the Tres Hermanos Conceptual Plan on
Monday, June 8 at 7:00 p.m.
ACM/Belanger announced that the City Council would begin
hearings on the General Plan on Tuesday, June 9, 1992. In
addition, he introduced George Wentz, serving as the Interim
City Engineer.
10. ADJOURNMENT: With no further business to conduct,
M/Kim adjourned the meeting at 9:00 p.m. to Tuesday, June 9,
1992 at 7:00 p.m. for a General Plan Public Hearing and in
honor of outgoing City Manager Robert L. Van Nort.
LYN A BURGESS, -C.ity Cze_,-k
ATTEST: -