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HomeMy WebLinkAbout08/04/1992 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 4, 1992 1. CLOSED SESSION: 5:00 p.m. Personnel - Government Code 54957.6 Litigation - Government Code 54956.9 2. CALL TO ORDER: M/Kim called the meeting to order at 6:02 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. 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 and Miller. Councilmen Werner arrived at 6:40 p.m. Also present were Acting City Manager Terrence Belanger, City Attorney Andrew Arczynski, Community Development Director James DeStefano, Interim City Engineer George Wentz and City Clerk Lynda Burgess. 3. PUBLIC COMMENTS: John Healy, 23041 Aspen Knoll Dr., expressed concern regarding the deteriorating condition of Diamond Bar Blvd. Mike Goldenberg, 1859 Morning Canyon Rd., complained about receiving notice of rate increases from Jones Intercable causing a 9.2% increase in the Basic Plus Plan and a 5% increase in the Basic Plan, amounting to a total increase of 19.2% since September 30, 1991. He stated that he would be less inclined to object to reasonable rate increases if such monopolistic franchisees held public hearings for rate increases and were governed by a regulatory agency that would oversee excess profits. Red Calkins, 240 Eagle Nest Dr., wanted the record to reflect that he is not connected in any way with the group circulating the General Plan referendum. He then thanked staff for contacting the Fire Department regarding weeds on Torito Lane and cleaning up the trash in the area. Marshall Wise complained that he had received a speeding ticket on Derringer Lane on June 7, 1992 by what appeared to be an overzealous Sheriff's Deputy. Deputy Walker seemed to be more interested in catching residents speeding out of their driveways than dealing with more serious traffic control problems. William Gross, 21637 Highbluff, stated that although City officials indicated that they have not been negotiating with the Boy Scouts regarding their property in Tonner Canyon, the Boy Scouts have indicated that they have been negotiating with the City for the past several months. He also stated that the proponents of the referendum for the General Plan hope that the Council would reconsider the General Plan and come up with a Plan more representative of the wishes of the citizens. AUGUST 4, 1992 PAGE 2 Al Rumpilla, 23958 Golden Springs Dr., objected to the changes made to the opening procedures of Council meetings: Public Comments held prior to Council Comments rather than after Council Comments as in the past; Speaker Cards which inquire into whether a speaker is for or against an issue; citizen's inquiries are not being answered by the Council as they are asked; and enforcement of the five minutes per speaker policy. Max Maxwell, 3211 Bent Twig Ln., in reference to a letter received from the State requesting that Diamond Bar submit a copy of the draft General Plan and the draft EIR to the Governor's Office of Planning and Research 30 days prior to final consideration by the City Council, asked why this material had not yet been submitted. Barbara Ruth, 1403 Winterwood Ln., President, Walnut/Diamond Bar Theater, stated that the group is in need of appropriate locations for their performances. Mack Gilliland stated that the Theater has existed due to the generosity of the Walnut Valley Unified School District. However, they would like to become a respected community theater offering artistic and recreational outlets for all ages in the community. ACM/Belanger, in response to the concern regarding the condition of Diamond Bar Blvd., stated that staff is presently exploring remedial measures, such as for surface failures, for completion in the near future in addition to slurry seal or resurfacing of the Blvd. within the next 12 to 18 months. Regarding the Jones Intercable rate increase, he indicated that the cable industry is not regulated by state and local governments as dictated by the Federal Legislature but staff will attempt to obtain more information from Jones Intercable regarding the proposed increase. ACM/Belanger then assured Mr. Wise that Lt. Mike Muravez, representing the Sheriff, has noted his concerns and pointed out that the City has not requested "selective" enforcement in "The Country." In regard to comments made by Mr. Gross, ACM/Belanger repeated that the City has not negotiated with the Boy Scouts but did contact them during the General Plan process to ask them to express their intentions regarding their property. M/Kim, in response to concerns outlined by Mr. Rumpilla, stated that he has changed the order in which Public and Council Comments are held in hope of eliminating the arguing and debating which had occurred during previous meetings. He emphasized that all members of the public are still free to express their concerns. CDD/DeStefano, in response to Mr. Maxwell's concern, stated that the draft General Plan was sent to the Governor's Office of Planning and Research directly following the Planning Commission's approval on June 8, 1992. AUGUST 4, 1992 PAGE 3 4. COUNCIL COMMENTS: C/Forbing stated that since the City held 18 public hearings regarding the General Plan, he felt the public had sufficient opportunity to express concerns. Further, the Council responded to the concerns of Tonner Canyon by zoning it Agricultural. He pointed out that State law allows a General Plan to be amended four times yearly and concerns can be discussed at that time. C/Miller reported that the Agricultural zone for Tonner Canyon means that no development would be allowed in the area and further stated that the Council has tried to be responsive to the community. He noted that it would take a General Plan amendment if Tonner Canyon ever became part of Diamond Bar and that if the Boy Scouts choose to develop as part of L.A. County, Diamond Bar would only be advisory on the matter. C/Werner encouraged citizens to get involved with the options available by obtaining the proper information. He stated that he requested staff to place on the next agenda discussion regarding establishment of a senior citizen liaison committee to include members of the City Council and the Parks and Recreation Commission to develop a department to address concerns of the seniors. He volunteered to be a member of the sub -committee. MPT/Papen, noting that both the Parks & Recreation and Traffic & Transportation Commissions have addressed issues dealing with seniors, suggested that one encompassing group be formed, as opposed to establishing five or six advisory committees to each different agency. Furthermore, the Chinese Association recently announced that they are forming a Senior Citizens group. Further, she announced that she had represented the City at a Mayor and Councilmembers' meeting regarding the budget crises during which the League of Cities presented two options: prepare an initiative action to assure that the State leaves revenue sources in line; or the more popular option calling for a constitutional convention requiring the State to balance its budget. She requested that ACM/Belanger review how the State's lack of budget affects Diamond Bar this year. ACM/Belanger reported that the State has not been able to resolve its long term budget crisis and, as a result, all City subventions from the State have been received in non -monetary form, such as registered warrants, which are contingent upon the State doing something with the budget. 5. CONSENT CALENDAR: Motion was made by C/Forbing, seconded by C/Miller, to approve the Consent Calendar, with the exception of Item 5.8, a Resolution to approve Final Tract Map No. 51079. Upon the following Roll Call vote, motion carried unanimously, with the exception of MPT/Papen's abstention on Item 5.2.1 Minutes of Regular Meeting of July 7, 1992. AUGUST 4, 1992 PAGE 4 AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSTAIN: COUNCILMEN - None ABSENT: COUNCILMEN - None 5.1 SCHEDULE 5.1.1 OF FUTURE EVENTS: CONCERT IN THE PARK - August 5, 1992 - 6s30- 8:00 p.m., "Misbehavin' Jazz Band" (Dixieland), Sycamore Canyon Park, 22930 5.1.2 Golden Springs Rd. PLANNING COMMISSION - August 10, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.3 CONCERT IN THE PARK - August 12, 1992 - 6:30 - 8:00 p.m., Horsefeather Boys (Country Western), Sycamore Canyon Pk., 22930 Golden Springs Rd. 5.1.4 TRAFFIC & TRANSPORTATION COMMISSION - August 13, 1992 - AQMD Hearing Room, 21865 E. Copley 5.1.5 Dr. CITY COUNCIL MEETING - August 18, 1992 - 6:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5.2 APPROVAL 5.2.1 OF MINUTES - REGULAR MEETING OF JULY 7, 1992 - Approved as submitted. 5.2.2 ADJOURNED REGULAR MEETING OF JULY 14, 1992 - Approved as submitted. 5.2.3 REGULAR MEETING OF JULY 21, 1992 - Approved as corrected. 5.3 WARRANT REGISTER - Approved Warrant Register dated August 4, 1992 in the amount of $288,340.21. 5.4 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of June 11, 1992 - Received and filed. 5.5 PARKS & RECREATION COMMISSION MINUTES - June 25, 1992 - Received and filed. 5.6 PLANNING COMMISSION MINUTES - 5.6.1 MEETING OF JUNE 8, 1992 - Received and filed. 5.6.2 MEETING OF JUNE 22, 1992 - Received and filed 5.7 ADOPTED THE FOLLOWING RESOLUTION, NO. 89-11A, ENTITLED: A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA APPROVING AND ACCEPTING SURETY BONDS. 5.9 APPROVED BOND REDUCTION FOR STREET TREE IMPROVEMENT FOR -- TREES PLANTED ON TRACT 43760, BOND NO. 7129963, TRACT NO. 43760 (Peaceful Hills and Canyon Ridge). 5.10 APPROVED ROAD IMPROVEMENT BOND REDUCTION, BOND NO. 7129963, TRACT 43760 (Peaceful Hills and Rim Lane). AUGUST 4, 1992 PAGE 5 5.11 EXONERATED GRADING SECURITY DEPOSIT IN THE AMOUNT OF $2,940 FOR 24048 LODGEPOLE RD., PAUL KAITZ, OWNER/DEVELOPER. 5.12 EXONERATED FAITHFUL PERFORMANCE BOND NO. 5613456 IN THE AMOUNT OF $28,000 FOR CONSTRUCTION OF SEWER, WATER AND REGIONAL -PLANNING REQUIRED IMPROVEMENTS AT 1300-1360 VALLEY VISTA DRIVE ON PARCEL 20358, KOLL COMPANY. 5.13 ADOPTED THE FOLLOWING RESOLUTION, NO. RESOLUTION OF THE CITY COUNCIL OF THE APPROVING FINAL PARCEL MAP NO. 23039 LOTS ( 2 0 & 21 OF TRACT 3 9 6 7 9 ) INTO ONE COPLEY DR. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 92-47 ENTITLED: A CITY OF DIAMOND BAR TO CONSOLIDATE TWO PARCEL AT 21700 E. 5.8 ADOPTED THE FOLLOWING RESOLUTION, NO. 92-48 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA APPROVING FINAL TRACT MAP 51079, FOR A ONE (1) LOT SUBDIVISION AND CREATION OF 54 AIR SPACE UNITS LOCATED AT 800 S. GRAND AVE., DIAMOND BAR, CALIFORNIA - C/Werner stated that the Council was requested to record the final map although landscaping and tree requirements imposed on the subdivision map had not been installed. The City should have the proper documentation to assure that it does not lose its leverage on the landscaping. CDD/DeStefano explained that landscaping is a condition of the map and is bonded. All of the conditions of the project must be resolved prior to occupancy, or occupancy will not be granted. CA/Arczynski reported that on-site landscaping conditions are part of the CUP for this project. All of the public improvement requirements of the map, with the exception of the signal installation, have been completed. It was moved by C/Forbing and seconded by C/Miller to adopt Resolution 92-48, approving Final Tract Map No. 51079. C/Werner noted that the property owner could conceivably sell off individual units, leaving 54 homeowners that can't occupy the units because the landscaping was not completed. CA/Arczynski stated that the law requires the City to approve the final map if it is in substantial compliance with the Tentative Tract map. Staff reviewed the final map and concluded that it is in compliance with the Tentative Tract map, with the sole exception of the signal. They have provided an agreement and bonding to AUGUST 4, 1992 6. PAGE 6 insure that the signal is installed. C/Werner stated that to satisfy the condition for the recordation of Tract Map does not necessarily mean that the work has been completed, but that all the criteria necessary for recordation of the map have been completed. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, M/Kim. NOES: COUNCILMEN - Werner, MPT/Papen ABSTAIN: COUNCILMEN - None ABSENT: COUNCILMEN - None OLD BUSINESS: 6.1 ADOPTED THE FOLLOWING RESOLUTION, NO. 92-49 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR HERITAGE PARK COMMUNITY BUILDING CONSTRUCTION IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - C/Werner requested the City Engineer to review the public street right-of-way to determine if more parking could be added and to review ways to improve parking security, such as additional lighting. It was moved by MPT/Papen, seconded by C/Werner to adopt Resolution 92-49 approving the plans and specifications for the Heritage Park Community Building construction With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/ Papen, M/Kim NOES: COUNCILMEN - None ABSTAIN: COUNCILMEN - None ABSENT: COUNCILMEN - None 7. NEW BUSINESS: 7.1 ORDINANCE NO. XX(1992): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING TITLE 26 (BUILDING CODE), TITLE 27 (ELECTRICAL CODE), TITLE 28 (PLUMBING CODE) AND TITLE 29 (MECHANICAL CODE) OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, ADDING A NEW TITLE 15 TO THE DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE, THE "UNIFORM ADMINISTRATIVE CODE", 1991 EDITION, THE "UNIFORM BUILDING CODE", 1991 EDITION, INCLUDING ALL APPENDICES THERETO AND THE UNIFORM BUILDING CODE STANDARDS", 1991 EDITION, THE "UNIFORM MECHANICAL CODE", 1991 EDITION, THE "UNIFORM PLUMBING CODE", 1991 EDITION, THE "NATIONAL ELECTRICAL CODE", 1990 EDITION, THE "UNIFORM HOUSING CODE", 1991 EDITION, THE "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE", 1991 EDITION TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS AND EXCEPTIONS, INCLUDING FEES AND PENALTIES - Dennis AUGUST 4, 1992 PAGE 7 Tarango, the City's Building Official, reported that the State is required to review the most current uniform codes printed by the International Conference of Building Officials (ICBG) to keep current with construction methods. The State allows local municipalities to amend the Uniform Building Codes to meet the unique climatic, geographical and topographic conditions of the City. It was moved by C/Werner, seconded by C/Miller to approve for first reading by title only Ordinance No. 3 (1992 ) and setting a Public Hearing for September 1, 1992 at 7:00 p.m. With the following Roll Call vote, motion carried unanimously: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/ Papen, M/Kim NOES: COUNCILMEN - None ABSTAIN: COUNCILMEN - None ABSENT: COUNCILMEN - None 7.2 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR FINDING THAT THE NAME OF COLIMA ROAD, BETWEEN BREA CANYON ROAD AND WESTERLY CITY LIMIT, SPECIFICALLY SET FORTH HEREINAFTER SHOULD BE CHANGED TO GOLDEN SPRINGS DRIVE - ICE/Wentz reported that the Traffic and Transportation Commission held a hearing on this matter on July 9, 1992 and concluded that, based upon the testimony received, and the potential impact upon those businesses in that section of roadway, it would not be appropriate to change the name at this particular time, and that the street name change be deferred since the sphere -of -influence area (i.e. Fairway Drive) may be affected in the future. C/Forbing stated that the name Golden Springs Rd. should be continuous through the City. It doesn't make sense to stop the naming of the street right in the middle of the City limits. It was moved by C/Forbing, and seconded by C/Miller to approve Resolution 92-50. MPT/Papen expressed concern that business and property owners along Colima Rd. had not been notified of the meeting and that Council was considering overriding the Commission's recommendation. C/Forbing withdrew his motion with the understanding that -- the City Council direct staff to reschedule this item for the September 1, 1992 meeting and direct staff to send a notice to property and business owners along the affected area. C/Miller withdrew his second to the motion. The Council concurred. AUGUST 4, 1992 PAGE 8 7.3 REHABILITATION OF GRAND AVE. FROM THE EASTERLY CITY LIMIT TO GOLDEN SPRINGS DR. - ACM/Belanger stated that staff would repropose this project and bring back a new recommendation with a new mix of consultants at a later date. MPT/Papen inquired if funds for this project is coming from the Grand Ave. constructioft fund and if there is support from the other Councilmembers to use rubberized asphalt, or some kind of mixture of recycled materials, in the pavement. She noted that rubberized asphalt absorbs sound and may help alleviate some of the noise problem on Grand Avenue. ICE/Wentz confirmed that the project would be funded through the Grand Ave. construction fund, both for design and construction. As part of the bid process, an alternative bid item to use recycled materials is included. The Council concurred to continue this matter to September 1, 1992. 7.4 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING A REQUEST FOR PROPOSALS DOCUMENT IN FURTHERANCE OF THE PREPARATION OF A CITY-WIDE PARKS MASTER PLAN, AND DIRECTING THE DISTRIBUTION THEREOF - ACM/Belanger requested that this matter be continued to a later date. C/Miller stated that the preparation of the Parks Master Plan should be accomplished by staff and the Parks & Recreation Commission. ACM/Belanger stated that staff and the Parks & Recreation Commission would embark upon a Master Plan of Parks and Recreation development utilizing staff members and volunteers from local universities. With Council concurrence, staff was directed to bring the matter back at the next meeting. 8. ANNOUNCEMENTS: Al Rumpilla, 23958 Golden Springs, stated that on Page 66 of Roberts Rules of Order, he is allowed to return to the microphone after everyone else has spoken. He stated that he does not agree with M/Kim in interrupting the citizens from speaking and is concerned that all the rules have been changed in the last two weeks. CA/Arczynski stated that the order of business of the City Council is the Council's prerogative. Furthermore, Page 66 of Roberts Rules of Order is for a deliberative body and has nothing to do with the audience's participation at this meeting. AUGUST 4, 1992 PAGE 9 C/Werner requested the Acting City Manager to investigate ways for the City to provide solicitation of input from the public (i.e. postcards) as to how the City Council is doing. MPT/Papen requested staff to take special note of comments made regarding the cable franchise as the franchise agreement is due to be removed within the next six months. Further, she announced that she and the City Manager would soon be going to Sacramento in regards to SB1718. 9. ADJOURNMENT: With no further business to conduct, M/Kim adjourned the meeting at 9:20 p.m. 4LyaBurgese, City C-lerk TTEST: -- Mayor