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HomeMy WebLinkAbout08/02/1994 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 2, 1994 1. CALL TO ORDER: Mayor Werner called the meeting to order at 7:04 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 Werner. ROLL CALL: Council Members Ansari and Papen, Mayor Pro Tem Harmony and Mayor Werner. C/Miller arrived at 7:48 p.m. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; George Wentz, Interim City Engineer; James DeStefano, Community Development Director; Bob Rose, Community Services Director; and ";,ynda Burgess, City Clerk. 2. 1,18PECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES 2.1 PROCLAIMED AUGUST 1 - 7, 1994 AS "BREASTFEEDING WEEK." 3. PUBLIC COMMENTS: Red Calkins, 240 Eagle Nest Dr., expressed anger at the Library and Walnut Unified School District wanting more funding. He also expressed anger over Mello Roos assessments for the Library. Oscar Law, 21511 Pathfinder Rd., reiterated his concerns over the work needed to be done at Heritage Park for the senior community. He stated that City -on -Line should be shut down completely because it is not being used wisely. C/Papen responded that the City received a grant from the Q:lam:rl-*-� i1 �w �� il•2!�! Wilbur Smith, 21630 Fairwind Ln., commented on Tract 47851 and the advice the City Attorney had for Council. He also commented on the difficulties of getting information from the City Engineer's office regarding tracts being developed. He asked why the City charges $0.25 a page for copies. —' Martha Bruske, 600 S. Great Bend Dr., displayed a picture of Heritage Park's storage building with lots of trash and the maintenance company's truck being parked there. She questioned whether or not the City has any liability for the truck. Colleen Garcia, 849 Windwood Dr., spoke regarding the AUGUST 2, 1994 PAGE 2 parking of trucks on Brea Canyon Rd. behind her house. She agreed with the City and wants to see "No parking" there. R.L. Callard commented on keeping City -on -Line and how the citizens will benefit from it. Roger Meyer, 2634 Crooked Creek Dr., thanked the Council for the traffic lights on Diamond Bar Blvd. and Fountain Spgs. Rd. Don Schad stated that during his visit at "Sidewalk City Hall" he heard comments from the public on the following issues: a large travel trailer parked on Del Sol for a long period of time; water leaking through the pavement on Meadowglen; medians not being necessary in the City; security lights being needed at Sycamore Canyon Park because of vandalism; and Sycamore Canyon Park being used for overnight camping. Frank Dursa commented on the parking problem at Heritage Park before the Community Center was built. M/Werner advised that the City decided to improve Heritage Park because of the large space already there. Oscar Law stated that a trash company had donated a trash container to be used to store earthquake preparedness items. ACM/Usher addressed the problem of trash and materials in the area at Heritage Park and presented pictures showing that the problem had been corrected. In regard to the truck being stored, he stated that it is a part of the contract with the maintenance company and that there is no additional liability to the City in the event the truck is damaged. He further stated that the "earthquake" container has been moved onto a concrete pad and that a ramp will be attached for easy access. Regarding Sycamore Canyon Park, he stated that camping is a policy issue. Further, he indicated that $0.25 for copies is reasonable and that State law provides for full cost recovery for services rendered, such as staff time, copying and maintenance. CDD/DeStefano advised that the trailer at 901 Del Sol is not being endorsed by the City. He stated that this issue would be looked into and reported back to Council. M/Werner asked for staff's input on the pro's and con's of camping in City parks. Dr. Lawrence Rhodes stated that parking on Brea Canyon Rd. should be modified. He further stated that he would like to see "No overnight parking" be instituted on AUGUST 2, 1994 PAGE 3 Washington as well as a right turn lane for the westbound 60 freeway. CE/Wentz reported that all items have been provided pursuant to Wilbur Smith's request. Steven Britt, representing the Diamond Bar Technical Sub - Committee, supported the "Pocket Park" concept on Sunset Crossing and asked that Mr. Lewendowski and the attorneys be retained to determine if this would have an effect on the Industry MRF. He commented on Item 8.4 regarding Resolution No. 91-71 and stated that he felt there should be better enforcement of the Council Codes of Conduct. 4. COUNCIL COMMENTS: C/Ansari advised that the next MRF meeting is on August 9, 1994 at 7:00 p.m. in Room CC6 at the AQMD and on again August 11, 1994. Tickets will be sold for $10.00 to help support the "Stop the MRF" campaign. Further, she announced that on Saturday, August 20, 1994 from 3:00 to 6:00 p.m., at 3435 Woodhill Circle, a barbecue will be held for the MRF Committee. She stated that if anyone was interested in attending, they should contact Troy Butzlaff at City Hall. She then -- congratulated Jack and Florence Healy on the birth of their twin grand babies and thanked everybody for their concern and involvement in fighting the MRF. MPT/Harmony commented that the copy charge should be at a minimum and on "free speech" on City -on -Line. He advised that grant money seems to be misinterpreted as "free" money and the City should still be responsible for spending of that money. He read a letter he had received regarding the current deficiencies noted with respect to the City's accounting procedures and expressed concern on the formation of a sewer district several years ago with the problems still existing. RECESS: M/Werner recessed the meeting at 8:10 p.m. RECONVENE: M/Werner reconvened the meeting at 8:24 p.m. 4. COUNCIL COMMENTS (CONT'D.) MPT/Harmony commented on audit procedures and stated he would be releasing new findings in the near future. He announced that the MRF Committee would be holding a fundraiser at "The Hop" on August 11, 1994 with a $10.00 per person donation. C/Papen commented on money in the budget that is allegedly being misspent and questioned MPT/Harmony as to why he didn't get an invoice from the hotel in Palm Springs where he stayed during a convention. She congratulated the Heritage Park Recreation Council and staff for winning a $3,000 grant for recreational activities from the Amateur Athletic Foundation. She also commented on the rubberized asphalt/used tires being AUGUST 2, 1994 PAGE 4 used for new asphalt on Diamond Bar Blvd. She further advised that during the MTA strike, three unions had to work with each other to control the strike. MPT/Harmony responded that the City requires receipts to be turned in after an event. M/Werner reported that MPT/Harmony was not forced to resign from the Finance Committee and that MPT/Harmony was not the chairman of the subcommittee. He expressed concern that MPT/Harmony's newsletter has contained untrue statements and clarified that it is not a City publication. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Concert in the Park - August 3, 1994 - 6:30 - 8:00 p.m., Mike Gaeler & Euphoria - Contemporary Jazz - Sycamore Canyon Park, 22930 Golden Springs Rd. 5.2 Planning Commission Meeting - August 8, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 Concert in the Park - Pandemonium - steel drum - August 10, 1994, 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Rd. 5.4 Traffic & Transportation Commission - August 11, 1994 - 6:30 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 City Council Meeting - August 16, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 8. OLD BUSINESS: 8.1 DEVELOPMENT AGREEMENT NO. 92-2, VESTING TENTATIVE TRACT MAP NO. 32400, CONDITIONAL USE PERMIT NO. 91-5 AND OAK TREE PERMIT NO. 91-2; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 (APPLICANT: ARCIERO & SONS, INC.) - C/Miller removed himself from discussion of this matter due to a potential conflict of interest. ACM/Usher stated that staff recommended continuance of Vesting Tentative Tract Map No. 32400 and its related applications to August 16, 1994. M/Werner advised that the applicant requested that this matter be continued to August 16, 1994. MPT/Harmony moved, C/Ansari seconded to continue discussion of Vesting Tentative Tract Map No. 32400 to August 16, 1994. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - Ansari, Papen, MPT/Harmony, M/Werner AUGUST 2, 1994 PAGE 5 NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - Miller 8.2 APPROVAL OF TRACT MAP NO. 47851 LOCATED EASTERLY OF WAGON TRAIN LANE -OAK KNOLL DRIVE, ET AL., IN "THE COUNTRY" - ACM/Usher stated that the project provides for subdivision of 60 acres and 48 single family residential development lots. He stated that the map is in substantial compliance with the conditionally -approved vesting tentative map and recommended approval of the map. ICE/Wentz advised that a check/comment sheet asked for by Council had been provided and indicated that staff felt that the conditions related to approval of the final map had been properly addressed by the applicant. At the request of C/Papen, C/Miller advised that there is no conflict of interest and that he would abstain if anyone thought there was an conflict. ICA/Montgomery advised that C/Miller does not have a conflict of interest. C/Ansari advised that the Council needs to have a policy in which, if there is a conflict of interest, the Councilmember needs to remove him or herself but that MPT/Harmony should stay if he feels that he has no conflict of interest. C/Papen asked that both Councilmembers remove themselves from discussion of this issue. Jack Healy, 23041 Aspen Knoll Dr., stated that the City's geotechnical support had not given written approval for this tract map regarding the grading, soils and geology. He requested that the geology and soils reports for lots 18 and 19 not be approved unless disclosed to future homeowners and recorded on the deed that there is a risk of landslides and hazardous material. He commented on the City's exposure to lawsuits because the City has had knowledge of this geological condition. C/Miller advised that the deeds for lots 18 and 19 have map language prohibiting development, and that before any development could be considered it would have to be brought before the Council to have the language removed and prove that the geotechnical hazard is completely gone. He advised that his only concern was adjacent lots having the same language on their deeds when they have no geotechnical hazard on them. AUGUST 2, 1994 PAGE 6 ICE/Wentz reported that Leighton & Associates addressed the specific questions that were raised for lots 18 and 19. He read a letter from Leighton & Associates regarding their decision on prohibiting development on lots 18 and 19 because of landslides and geohazards. He stated that from staff's perspective, the hazards on lots 18 and 19 would not affect adjacent lots 17 and 20. David Smith, Leighton & Associates, explained that the issues regarding landslides on lots 18 and 19 are completely contained within the boundaries. He advised that if a landslide did occur, it would not have a negative impact on adjacent lots and that the hazardous material is for Tract Map No. 47850, not 47851. Wilbur Smith, 21630 Fairwind Ln., referred to comments made by the City Attorney and City Engineer and that they should not have the final say and that the community is looking for the Council to make the decision. He also commented on Leighton & Associates' May 18, 1994 Review Sheet and the April 17, 1993 Soils Report. M/Werner advised that the City Engineer's responsibility is established under the Subdivision Map Act and that the Council are not the experts. ICE/Wentz advised that the documents of April 17, 1993 specifically approved the geotechnical reports, with the exclusion of lots 18 and 19, which needed further evaluation. on May 19, 1994 they reviewed a report of comments by review of the April 29, 1994 comments provided by the applicant. M/Werner asked if there were any issues still unanswered by Leighton & Associates. ICE/Wentz advised that those comments relate to lots 18 and 19. David Smith, Leighton & Associates, stated that their review sheet dated April 7, 1993 gave approval of the geotechnical report and the grading plan for Tract Map No. 47851 with the condition that additional analysis be done for stabilization of the landslide on lots 18 and 19. He also commented on a supplement geotechnical investigation dated April 29, 1994 of the landslide on lots 18 and 19. He advised that his company did not approve the report but inserted the language that required that homeowners be made aware of the geological hazard on those lots and the entire lot would be deemed geologic hazard and restricted use AUGUST 2, 1994 PAGE 7 zones. He also commented that lots 17 and 20 are safe from the geotechnical hazard. Robert Nelke, 2459 Alamo Heights, representing the Board of Directors of the D. B. Country Estates, advised that the developer is not agreeing to annex with "The Country" as was agreed several years ago. He asked that the developer sit down with the Board and go over the CC&R's. C/Miller advised that there was a condition to adopt the CC&R's and architectural guidelines of "The Country" in order for the developer to build. Mr. Smith advised that on Page 23 of the Resolution, the approved project should have CC&R's prepared for the occupants' ultimate use in compliance with the CC&R's of "The Country." He advised that those CC&R's have been completed and given to the City. C/Miller advised that "The Country" Estates should have adequate time to review the CC&R's. ICA/Montgomery concurred with that idea. C/Papen questioned Mr. Nelke about the recreational facilities and the horse trails. Mr. Nelke advised that the 110 homes being built in "The Country" will have a definite impact on the recreational facility. He also advised that he was unaware of horse trails. Don Greeley, 22635 Ridgeline, commented on resolving the CC&R's with the developer and the Board. Al Rumpilla advised that the City's prior attorney advised that if you had a conflict of interest, you may remain at the table, but not enter into the discussion. Wilbur Smith encouraged the Council to analyze lots 18 and 19 for landslide and what effect it would have on the adjacent lots. Kurt Nelson, D.B. East Partners, advised that they proved that they could build on these lots but took it a step further and decided not to build on them. He also reported that "The Country" was paid to help renew their streets, they will be paid more for the access rights and impose an obligation on the part of the buyers to share the costs relative to street maintenance, gate security, etc. AUGUST 2, 1994 PAGE 8 C/Papen asked about horse trails throughout the property and who was involved with D.B. East Partners. Mr. Nelson advised that horse trail easements would be made available and completed when the heavy machinery is out. He further advised that D.B. Associates is still one of the two partners, the other being Diamond Ridge East Management Company. C/Miller asked who the fenced land belonged to. ICE/Wentz staff stated that it was an easement belonging to L.A. County and that it is not a part of the trail system. Further, the County has the responsibility to maintain the easement. C/Ansari asked staff to report on maintenance of the trails and who will pay for said maintenance. ICE/Wentz advised that grading bonds are being provided by the applicant. C/Ansari moved, C/Miller seconded to find the Final Map for Tract Map No. 47851 is in substantial compliance with conditionally -approved vesting map and approve the map abandoning certain prior offers of dedication and easements not shown, rejecting certain offers and accepting them on behalf of the public easements and rights offered; secondly; authorize the Mayor to execute the subdivision agreement, Tri -Party Agreement including the subdivider Walnut Valley Water District and bonds on behalf of the City and third, authorize the City Engineer to sign the map and direct the City Clerk to sign as provided and process the map for recordation. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - Ansari, Miller, M/Werner NOES: COUNCILMEMBERS - Papen ABSENT: COUNCILMEMBERS - None ABSTAIN: COUNCILMEMBERS - MPT/Harmony 8.3 PROPOSED LOS ANGELES COUNTY COMMUNITY FACILITIES DISTRICT FOR LIBRARY SERVICES - ACM/Usher reported that the purpose is to establish a community facilities district and to collect charges to supplement finances for library services. Pursuant to the 1982 Mello Roos Act, a $30/year per parcel will fund the L.A. County Library System. M/Werner asked staff if the City could place this item as an election measure and if so, bring it AUGUST 2, 1994 PAGE 9 back for a special meeting on August 2, 1994. ACM/Usher advised that it could be done but that the measure would need to be approved by August 12, 1994. C/Papers asked about the $180K the City already has given to the library for additional funding. Mike Garafalo, Administrator for San Gabriel Libraries, advised that the State reduced their budget from $75 to $35 million and that $30 million is their base and cannot be taken away from the district. Further, the Mello Roos money must stay with the County Public Library and cannot go to other departments. The City has the ability to review how much is generated to benefit units in the City and the benefit must come back to the cities that choose the CFD; those who do not join, cannot collect the money. C/Miller questioned how much of the funds, once voted on, would go to the City, 100% or would they go into the pool and split up equally among the cities involved. Mr. Garofalo advised that it would be divided equally, the intent would be that 100% of the money would be able to come back to the D.B. Library. Al Rumpilla, 23958 Golden Springs Dr., stated that he did not want a Mello Roos District for the library. With consensus of Council, this matter was continued to August 16, 1994. 8.4 DISCUSSION RE: ORDER OF AGENDA ITEMS, BEGINNING TIME FOR REGULAR CITY COUNCIL MEETINGS, AND OTHER ISSUES RELATED TO THE CONDUCT OF CITY COUNCIL MEETINGS - Continued to August 16, 1994. 8.5 BROWN ACT - EFFECT UPON CITY COUNCIL, LESS THAN A QUORUM - Continued to August 16, 1994. 8.6 DISCUSSION RE: CITY COUNCIL SUB COMMITTEE ASSIGNMENTS - Continued to August 16, 1994. 8.7 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING NAMES OF COUNCIL MEMBERS - Continued to August 16, 1994. 8.8 DEVELOPMENT AGREEMENT NO. 92-1, VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8 AND OAK TREE PERMIT NO. 92-9, THE SOUTH POINTE AUGUST 2, 1994 PAGE 10 MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 (APPLICANT: RNP DEVELOPMENT, INC.) - Continued to August 16, 1994. 6. CONSENT CALENDAR: Not approved. 6.1 APPROVED VOUCHER REGISTER - dated August 2, 1994 in the amount of $557,392.88. It was moved by C/Ansari, seconded by M/Werner to approve the Voucher Register dated August 2, 1994 in the amount of $557,392.88. Motion carried 4 to 1 by the following Roll Call vote: AYES: COUNCILMEMBERS: Ansari, Miller, Papen, M/Werner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: MPT/Harmony MATTERS CONTINUED TO AUGUST 16, 1994: 6.2 NOTICE OF COMPLETION FOR CONSTRUCTION/MODIFICATION OF HANDICAP ACCESS RAMPS. 6.3 RELEASE OF GRADING CASH BONDS POSTED FOR BURGER KING AT 627 S. GRAND AVE. 6.4 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE DIAMOND BAR BOULEVARD RECONSTRUCTION/REHABILITATION PROJECT, BETWEEN GRAND AVENUE TO BREA CANYON ROAD IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 6.5 TEMPORARY SERVICES FOR FINANCE 6.6 AWARD OF CONTRACT FOR OFFICE SUPPLIES 6.7 CONTRACT EXTENSIONS - 6.7.1 ASSESSMENT DISTRICT MAINTENANCE NOS. 38, 39 AND 41 6.7.2 ACCURATE LANDSCAPE & MAINTENANCE CORP. FOR MAINTENANCE OF 8 CITY PARKS 6.7.3 WEED CONTROL/SIDEWALK AND PARKWAY MAINTENANCE 6.7.4 GRAFFITI REMOVAL 6.8 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RESTRICTING VEHICLE PARKING ON THE EAST SIDE OF BREA CANYON ROAD NORTH OF LYCOMING STREET AND ON LYCOMING STREET EAST OF BREA CANYON ROAD AUGUST 2, 1994 PAGE 11 7. PUBLIC HEARINGS: None scheduled. 9. NEW BUSINESS: 9.1 PROFESSIONAL SERVICES AGREEMENT WITH CHARLES ABBOTT ASSOCIATES INC., FOR ENVIRONMENTAL MANAGEMENT SERVICES IN FY 1994-95 - Continued to August 16, 1994. 9.2 DISCUSSION RE: "POCKET PARK" AT WESTERLY TERMINUS OF SUNSET CROSSING - Continued to August 16, 1994. 9.3 DISCUSSION RE: ESTABLISHMENT OF MUNICIPAL CAMPAIGN EXPENDITURE LIMITS - Continued to August 16, 1994. 10. ANNOUNCEMENTS: None 11. CLOSED SESSION: May convene to consider: matters of pending Litigation (G.C. 54956.9), Personnel (G.C. 54957.6), or purchase/sale of real property (G.C. 54956.8). Records not available for public inspection. M/Werner adjourned the meeting to Closed Session at 11:10 p.m. 12. ADJOURNMENT: M/Werner reconvened the meeting from Closed Session at 12:05 a.m. ICA/Montgomery announced that no reportable action had taken place during Closed Session. There being no further business to conduct, M/Werner adjourned the meeting at 12:05 a.m. (�2" JC-cQ� LY DA BURGESS, City Clerk ATTEST: