HomeMy WebLinkAbout11/01/1994 Minutes - Adj. Regular MeetingMINUTES OF THE CITY COUNCIL
ADJOURNED REGULAR AND REGULAR MEETING
OF THE CITY OF DIAMOND BAR
NOVEMBER 1, 1994
CALL TO ORDER: Mayor Werner called the Adjourned
Regular Meeting to order at 6:04 p.m.
PLEDGE OF ALLEGIANCE: The audience was led in the
Pledge of Allegiance by M/Werner.
ROLL CALL: Council Members Ansari, Miller, Papen, Mayor
Pro Tem Harmony and Mayor Werner.
Also present were Terrence Belanger, City Manager; Frank
Usher, Assistant City Manager; Michael Montgomery,
Interim City Attorney; James DeStefano, Community
Development Director; George Wentz, Interim City
Engineer; Bob Rose, Community Services Director and Lynda
Burgess, City Clerk.
7. PUBLIC HEARING:
7.1 VESTING TENTATIVE TRACT MAP NO. 51169, CONDITIONAL
USE PERMIT NO. 92-3, ZONE CHANGE NO. 92-2, OAK TREE
PERMIT NO. 92-3, AND CERTIFICATION OF ENVIRONMENTAL
IMPACT REPORT NO. 92-2 (APPLICANT: UNIONWIDE, INC)
- CDD/DeStefano reported that the project is
located at the end of Blaze Trail in "The Country"
and that the applicant requested a zone change from
A22 (heavy agricultural) which is consistent with
existing development within The Country,
contemplated projects for the future, the draft
General Plan, and with the Planning Commission's
recom-mended draft General Plan. He advised that
the Country has CC&R's that require a minimum of
one acre or 40,000 sq. ft. lot developments. The
zone change is necessary to support the proposed
subdivision of 14 units on 20 acres, with the 14th
lot having a sewer pump station for the
development. Lot .sizes range from 1 acre to less
than 2 1/2 acres and the overall density for the
site is .65 units per acre. The lots were designed
to yield pads with a minimum of 10,000 sq, ft, of
net area with an average pad size of approximately
17,000 sq. ft. He stated that the range in pad
sizes is from lot 12, which is at about 13,000 sq.
ft. to lot 1, which is at about 26,500 sq. ft. He
stated that the pads offer an average depth and
width of 1,200 ft. and the property lines are a
I minimum of 125 ft. in length, with the exception of
;_J two lots located at the radius of the cul-de-sac
and lot 5. All of the streets are proposed to be
private, are designed to meet the City's typical
private street section and the street grades are
NOVEMBER 1, 1994 PAGE 2-
proposed to range from 2%. to 12%; the 12% grade is
°� rpu
a very short run at'the-extension of Blaze Trail.
The sewer pump station is located on lot 14 at the
end of Gold Rock and is designed to carry a
capacity large enough for this project as well as
the contemplated project next door to the south of
this site, known as Tentative Tract 46485. He
stated that the grading and geotechnical issues for
the project revolve . around earth work of
approximately 185,000 cubic yards over about 16
acres of the site -and cuts off about 35 ft. and
fills about 40 ft. He advised that this would
leave the balance of the site in a natural or
undisturbed state_. -He also advised that lots 3, 7
and 8 will have cut and fill proportions that
bisect the pad and the-'lots'will be required to
comply with the minimum over excavation of the pad
pursuant to the" geotechnical report. He stated
that one of the' -issues that came before the
Planning Commission was how the applicant was going
to deal with the off-site,slide on Tract 46485 and
what impact it may have on'the safety and quality
of development on'this project site. The Planning
Commission conditioned the project to incorporate
r;
additional geotechnical work and the work has moved
along with the applicant's consultants and City
consultants reviewing the.work. He stated that an
additional geotechnical- report came back and
indicated that there indeed was a slide in this
immediate area off-site that impacted the project
slightly in terms- of how it affected the street,
the future Gold Rock. -Lane.- The solution and three
options were proposed,:' Gold Rock Ln. will be
pushed in an easterly direction about 15 to 20 ft.
which effects lot 2(loses 3,000 sq. ft.) and lot 3
(loses 1,000 sq.'ft). He'advised that the project
requires a conditional permit because it is
within a hillside -'management area defined in two
ways: 1) by the.. City's hillside management
ordinance that categorizes any property that has a
slope of 100 or greater as hillside management and
2) by the County Code, which looks at steeper slopes
of 25% or greater. As a result, the project has
incorporated the issues related to landform grading
and vegetation techniques. He pointed out that the
project incorporates the techniques outlined within
-the hillside management .-ordinance in terms of not
contour grading but landform grading with an
attempt to mimic ithe natural setting and not simply
painting a pallet_ of landscaping materials that's
not native to the area -but with vegetation
NOVEMBER 1, 1994 PAGE.:;�3:-
materials that are native. The project is at the
�= most northerly corner SEA 15 and is part of the 62
SEA designations that the County established in
1976 and D.B. established as a result of the
significant amount of oak woodland found within the
broader Tonner Canyon area. He advised that this
project would impact about 14 to 15 acres of the
SEA and disturb the wildlife that exists on the
site and that SEATAC endorsed the project with a
number of recommendations such as: 1) responding
to the loss of walnuts and a single oak tree; 2)
requiring the developer to replace all of
approximately 167 walnuts that would be disturbed
at a 2-1 ratio as well as relocate the existing oak
tree (oak tree permit). He stated that SEATAC and
the Planning Commission endorse replacing the
walnuts on a 2-1 basis and the majority of the
trees replaced on site. If not possible, if the
excess cannot be planted on-site, then the trees
could be presented to the City for the City's use.
He advised that the project went through formal
entitlement review at the Planning Commission level
-- and the Commission unanimously recommended approval
of all of the components of this project. He
recommended: 1) receiving from Engineering staff
answers to questions on the material provided; 2)
opening the Public Hearing and receiving testimony
on the EIR and the project; 3) closing the Public
Hearing and directing staff to prepare all
necessary documents for certification of the EIR
and approval of the project.
C/Miller asked ICA/Montgomery if he had a conflict
of interest because he owns property 650 ft. from
the corner of the property.
ICA/Montgomery advised that if it's between 350 and
2,000 ft. and has no effect on his property, there
would not be a conflict of interest.
M/Werner asked if the property is in the Country
Estates or will it have to be annexed and is it
subject to the same court decision that affected
the Transamerica surplus property that had been
required by DBA.
CDD/DeStefano advised that the property is part of
the "back" Country and would involve a possible
`j annexation into The Country in the future. The
property is clearly indicated by The Country's
Homeowner's Assn. that it would become a part of
NOVEMBER 1, 1994
PAGE 4
In response to C/Papen, CDD/DeStefano advised that
the information regarding donating the remaining
walnut trees- to -"the City is found in both
Resolution No. 91-16, Exhibit B1, Page 7, Condition
19 and SEATAC report and that the fee for these
trees could be'approved at a later date.
Lex Williman, Planning Director, Hunsaker & Assoc.,
stated that the- land -"was purchased in 1991
believing that -the Council wanted a development in
the community. He- 'felt- that the project is what
the Council is looking --for in an environmentally
safe project.- He: -stated -that the applicant is
willing to move the -street away from the off-site
landslide and that -there are nother geotechnical
issues on site other than -some - minor colluvium and
alluvium in the canyon which would have to be
removed as part of the -regular grading. The only
issue they had to address for SEATAC was the walnut
trees and they agreed -to remove and replant the one
oak tree in an area -as_-suggested by the biologist.
The top soil will.-be'stockpiled and used once the
mass grading has been -done and replaced on the
major slopes that intend to -be replaced as natural.
the Association.
Ffi;i¢�fi
M/Werner asked if the Country Association offered
any written testimony in support or otherwise on
this project.
CDD/DeStefano stated that -he doesn't recall any
verbal communication by_membersof the Country;
however, correspondence:Was Ireceived two months ago
indicating that :.the=. -project should -work toward
annexation into the' -Country -or or come up with their
own series of recreational. -amenities and that the
CC&R's should be-- consistent with those of the
Country.
M/Werner asked if this is a vesting map and what
plan does it fall'under.'`
CDD/DeStefano replied that it is vested in the 1992
General Plan and the -application was received and
processed after adoption of the 1992 plan.
M/Werner questioned,- the -land use designation and
the zoning that is --now on the property, is it a
single family lot; and would it be consistent with
T�
the General Plan. -
In response to C/Papen, CDD/DeStefano advised that
the information regarding donating the remaining
walnut trees- to -"the City is found in both
Resolution No. 91-16, Exhibit B1, Page 7, Condition
19 and SEATAC report and that the fee for these
trees could be'approved at a later date.
Lex Williman, Planning Director, Hunsaker & Assoc.,
stated that the- land -"was purchased in 1991
believing that -the Council wanted a development in
the community. He- 'felt- that the project is what
the Council is looking --for in an environmentally
safe project.- He: -stated -that the applicant is
willing to move the -street away from the off-site
landslide and that -there are nother geotechnical
issues on site other than -some - minor colluvium and
alluvium in the canyon which would have to be
removed as part of the -regular grading. The only
issue they had to address for SEATAC was the walnut
trees and they agreed -to remove and replant the one
oak tree in an area -as_-suggested by the biologist.
The top soil will.-be'stockpiled and used once the
mass grading has been -done and replaced on the
major slopes that intend to -be replaced as natural.
NOVEMBER 1, 1994 PAGE_`�5
The applicant has supplied a multi -function,
on-site urban pollution basin at the bottom of the
canyon to catch off-season water flows during the
dry season. This would include catching the
landscaped irrigation water running down the street
during the dry season and during the wet season, it
will be designed to catch the first flush run off.
There is an equestrian trail on-site which will not
be moved; however, the easement does not coincide,
but will coincide with the trail physically. He
pointed out on the map all of the undisturbed areas
adjacent to the Boy Scout property. He stated that
the only issue would be that there be a slight
modification to condition 41 relating to reclaimed
water. He advised that staff has given them draft
language that basically says "that they have to
provide an irrigation system for the open space
areas that would be easily connected to reclaimed
area in the event that it becomes available." He
advised that they agree with that; however, they do
not want to create a redundant system with the
whole subdivision for each lot when they have been
told from the Walnut Water District that reclaimed
water will not be in the foreseeable future and
that all of the property will only be watered for
the first 3-5 years, slowly turning off the water
and letting nature take its course. The only areas
that would be irrigated_ on a regular basis would be
those closer into the pads. He advised that the
vesting map was officially filed and deemed
complete after Council approved the 1992 General
Plan and all the applications, including the
zoning, vested under that General Plan as a
residential designation. He commented that the
rezoning request from A22 to R-140,000 is
consistent with the rural residential designation.
The applicant will mitigate the walnut trees
on-site to the extent that it makes sense
biologically and what they can't do on-site, there
will be an off-site mitigation fee for the City's
use and recommendation
MPT/Harmony asked what the three alternatives were
for adjustment of the road alignment and what was
the preferable solution.
j
Mr. Williman advised that they will build a full
width street which will be moved over to avoid the
off-site slide which will cut into lot 2.
C/Ansari complimented the applicant on the urban
...:-h . .
NOVEMBER 1, 1994 PAGE 6
basin project and asked if the "guzzlers" for the
animals were included in the vegetation plan.
Mr. Williman stated that they would put the
'°guzzlers" in fortheanimals.
C/Papen asked about- the sideyard setbacks and
stated that the City's standard is 10 to 15 ft.
back from the lot line.
Mr. Williman explained that they would meet
existing zoning and would attempt to articulate the
lots vertically -so that there are slopes in
between, so the homes are not on top of each other.
He advised that on a minimum, 'there will be a 40
ft. area in between the homes.
C/Papen stated that a homeowner's association would
be needed in order to pay for that lot 14 pump.
She asked if. the Council were to require full
'- annexation into The Country, would the homeowner's
association still be necessary.
Mr. Williman advised that it would be necessary and
asked the Council not to require them to annex them
into the Country.
In regard to reclaimed water and open spaces in the
project, C/Papen asked who would maintain the
watering and be responsible for that in the 3-5
year period.
Mr,. Williman. advised that the homeowner's
association would be responsible.
C/Papen asked staff about the ownership of lot 14
and if it's appropriate for the City to do that.
She expressed concern about the homeowner's assn.
following through with the ideas and if there is
some way we can make -sure the intent of the
Planning Commission=and the Council is achieved and
not leave it subject to.an individual without some
kind of inspection or guarantee that it's going to
be done.
M/Werner advised that this issue would be taken up
in the deliberations.
RECESS: M/Werner suspended the Public Hearing at 6:55
p.m.
f� k I f4, I",
11
11
NOVEMBER 1, 1994 PAGE 7
2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES
2.1 M/Werner presented a plaque to Mrs. Charles Heim in
memoriam to her husband, slain LAPD officer Charles
Heim who was killed in the line of duty. Capt.
Haggerty and Police Officer Pena were also present.
M/Werner called for a moment of silence in memory
of Officer Heim and in memory of community resident
Charles Majus who also recently passed away.
RECONVENE: M/Werner reconvened the Public Hearing at 7:05
p.m.
7. PUBLIC HEARING (CONT'D.)
7.1 VESTING TENTATIVE TRACT MAP NO. 51169 (CONT'D.) -
Martha Bruske, 600 S. Great Bend, expressed concern
that City staff and elected officials were
discussing compensation for destruction as off-site
mitigation which means replacing a destroyed tree
by planting one or two elsewhere in the City or
paying money in lieu of the trees' value to be
4 given to the City.
Wilbur Smith, 21630 Fairwind Ln., asked how the
inconsistency of the General Plan and the 2 acres
would be resolved.
Max Mamwell, 3211 Bent Twig Ln., complimented the
Council and the developer for their presentation.
He advised that he sat on SEATAC when this issue
was heard.
Don Schad, 1824 Shaded Wood Rd., stated that he
agreed with the other speakers and the layout is
exceptional; however, he expressed distress over
the canyon being developed. He recommended
approval of the project.
There being no further testimony offered, M/Werner
closed the Public Hearing.
Mr. Williman advised that they have been careful to
be consistent with both the 1992 and 1994 General
Plans.
CDD/DeStefano advised that the property is
"� currently zoned agricultural but since 1992, the
General Plan has designated the property for
residential development at a density of one unit
NOVEMBER 1, 1994 PAGE 8
per acre. The app,liaantv, s ,request incorporates a
zone change which would make the property
consistent with the contemplated General Plan and
with the zoning upon which the developer proposes.
He stated that if land were to stay zoned
agricultural, then there - is -a long list of land
uses that may not be compatible with surrounding
development that- could be "incorporated if the
property were to -remain agricultural. In terms of
the ecological area 'and discussion within the
General Plan, the SEA is an overlay designation
upon property within the City and within the sphere
of influence. He also stated -that the SEA implores
developers and property owners to be observant of
the fact that they are within a unique environment.
1. GALL TO ORDER: M/Werner called the Regular Meeting
to order at -7:15 p.m.
ROLL CALL: Council Members Ansari, Miller,
N3 Papen, Mayor Pro Tem Harmony and
Mayor Werner.
Also present were Terrence_ L.- Belanger, City Manager;
Frank Usher, Assistant City Manager; Michael Montgomery,
Interim City Attorney; James DeStefano, Community
Development Director;- George 'Wentz, Interim City
Engineer; Bob Rose, Community Services Director and Lynda
ij Burgess,,City Clerk.
9.5 ACCEPTED RESIGNATION OF PLANNING COMMISSIONER -
Mrs. Lydia Plunk, effective October 28, 1994.
9.6 APPOINTED PLANNING COMMISSIONER FOR UNEXPIRED TERM
` - C/Papen suggested the appointment of Robert Huff
to complete the unexpired term of Lydia Plunk on
the Planning Commission.
Mr. Huff stated that he is honored to have his name
recommended to be on the Planning Commission and
II; described his family -and profession.
j
Wilbur Smith, 21630 Fairwind Ln., asked why the
City waived the 20 -day notice period.
ICA/Montgomery advised that this would be a
temporary appointment during the 20 -day waiting
period. He indicated that anyone could still apply
for this opening.
r CC/Burgess administered the Oath of Office to Mr.
Huff as Interim Planning Commissioner.
7
_ _ _ ILL_--- e _..n_ .c 1 1 ,
NOVEMBER 1, 1994 PAGE 9
j C/Papen moved, MPT/Harmony seconded to waive the
20 -day waiting period in order to appoint Robert
Huff to the Planning Commission. With consensus of
Council the motion passed.
Following discussion, C/Papen amended the motion,
MPT/Harmony seconded to accept the resignation of
Lydia Plunk and appoint Robert Huff as interim
Planning Commissioner. With the following Roll
Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Ansari, Papen,
MPT/Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7. PUBLIC HEARINGS (CONT'D.)
7.1 VESTING TENTATIVE TRACT MAP NO. 51169, CONDITIONAL
USE PERMIT NO. 92-3, AND CERTIFICATION OF
ENVIRONMENTAL IMPACT REPORT NO. 92-2 (APPLICANT:
�- UNION WIDE, INC.) - C/Papen suggested amending the
Conditions of Approval as follows: 1) add that the
applicant shall apply for annexation to The Country
Estates with fees not to exceed $12,000 per lot, if
the vote is rejected, then the condition would not
apply; 2) new streets to be constructed with
asphalt rubber; 3) discuss reclaimed water systems
on individual lots separate from the landscaped
areas; and 4) designated who will maintain the 3-5
years of watering in vegetated areas.
M/Werner added the Condition that if litigation is
brought against the project, the owner would
participate in a proportionate share.
C/Ansari suggesting adding all of SEATAC's
conditions.
C/Miller moved, MPT/Harmony seconded to approve
Vesting Tentative Tract Map No. 51169, Conditional
Use Permit No. 92-3, Zone Change No. 92-2, Oak Tree
Permit Report No. 92-2. (Applicant: Union Wide,
Inc.) and have staff come back with findings and
conditions. With the following Roll Call vote,
motion carried:
AYES: COUNCIL MEMBERS - Miller, Ansari, Papen, �
MPT/Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
NOVEMBER 1, 1994
PAGE 10
ABSENT: COUNCIL MEMBERS — None
RECESS: M/Werner recessed the.meeting at 7:41 p.m.
RECONVENE: M/Werner reconvened the meeting at 7:55 p.m.
8. OLD BUSYNESS:
8.1 TENTATIVE TRACT NO. 51253, CONDITIONAL USE PERMIT
NO. 92-12, AND OAK TREE PERMIT NO.. 92-9; AND
ENVIRONMENTAL IMPACT' REPORT NO. 92-1 (APPLICANT:
SASAK CORPORATION):- Elizabeth Hodges, 1604 Morning
Sun, expressed concern regarding the hazards of the
project and the 'amount of dirt being hauled away
down residential -streets. Further, she indicated
concern that Mr. Patel would be building the homes
for his friends and family.
Mike Collins, 16.12 Morning Sun, expressed concern
that the grading behind.his home would be raised 12
feet --7 feet above the level of his lot and that
there are too many -homes in such a small area.
Eric Stone, 24401 Darrin.Dr., expressed concerns
about the restricted language that surrounds the
property and the restricted land use that the owner
has for building on his property. He stated that
overall, he is iri favor of -this project.
Chandu Patel, 2170 Carly Ct., Rowland Heights,
advised that people should not be concerned about
the type of people living there and stated that
there shouldn't' be rules or regulations that
restrict building because of the view of another.
Lydia Plunk, 1522 S. Deerfoot, reported that this
project was before the Planning Commission in May
1993 and was approved as part of a Master Plan.
She felt that the 'applicant had waited too long and
deserved a decision.
Max Maxwell, 3211 Bent Twig Ln., asked if it was
the EIR or the Plan 1. that'was approved in 1993. He
expressed anger that all of the issues are not
resolved before a plan is approved.
M/Werner advised that it was a Planning Commission
recommendation.
Chuck Boler; Morning Sun, expressed concern that
Mr. Patel changed the property layout and that
I
h,
NOVEMBER 1, 1994 PAGE 1"1
makes the current neighbors concerned. He stated
-' that his is not against the three homes being built
on the three parcels.
C/Ansari stated that 35% of the grading has to be
completed off -site -and expressed concern regarding
removal of the dirt.
Lynn Mutch, Pfeiler & Assoc., advised that his firm
is working with the School District to export the
dirt to their area, but was not prepared to answer
the traffic problem to the school. He indicated
that intensive landscaping or trees would mitigate
the view problem.
M/Werner asked if the applicant could come up with
an alternative design that is balanced on-site and
still get 21 lots.
Mr. Mutch advised that that was not possible
because there would be grades up to 20%. He
reiterated that there is a tentative agreement with
F —a, the School District.
i
C/Papen expressed concerns with the difference in
elevation between pads 16 and 17 of more than 5 ft.
Mr. Mutch advised that the reason for the
differential is because the street is a 12% grade
and that the steepness of the street could be
changed but they do not really want to do that.
C/Ansari asked how many houses could the applicant
safely have if he had to reduce the number of
houses on that property and contain the grading and
the soil within his property.
Mr. Mutch answered that 14 would be the maximum
houses built in order to reduce soil movement and
grading.
Jan Dabney, consultant to Mr. Patel, advised that
the project represents the same consideration that
he would have received from the prior owner of the
property.
(-�14 MPT/Harmony asked ICA/Montgomery to review the
elements of the map restrictions that are on the
property and how it relates to open -space
dedications, how might it have been attached to the
original development of the Pathfinder Assn.
NOVEMBER 1, 1994
PAGE 12
C/Miller stated that there_ is a proposed 20 ft. lot
Zine adjustment. The property that will be
adjusted is supposedly restricted property and once
it is adjusted, it will then not be restricted.
ICA/Montgomery advised that this would be called
subdividing.
C/Papen
stated that the. purpose of
the 20 ft.
easement
was to give access to the street from the
ICA/Montgomery answered that, in -a density
propety
restriction, the Council can request that this
and what if
property be re -subdivided and that the General Plan
the map
opening
be revised. He' -advised -that -the Council needs to
easement by
the School
decide what the draft General Plan is going to look
District's
like and the Couiicil,'-can overrule the Planning
were through
Commission's findings.
the street, would that not answer the
M/Werner asked- if the above means that the
applicant cannot subdivide the property.
ICA/Montgomery- answeredthatthe Government Code
states that the Council can re -subdivide and that
these parcels, as recorded, only allow one
dwelling.
CDD/DeStefano read from Tract No. 32576, recorded
September 1979, "We hereby dedicate to the County
of Los Angeles -the. right to prohibit the
construction of more than one residential building
within lots 46, 47 and 48" -and those are Mr.
Patel's properties.
C/Miller asked what the difference was between the
statements: 1) the property owner dedicates the
right to.restrict residential building and 2) the
property owner -dedicates -the right to restrict no
more than one residential building.
ICA/Montgomery advised that in one instance there
are no buildings -and in the other, there is one
building.
C/Miller stated that there_ is a proposed 20 ft. lot
Zine adjustment. The property that will be
adjusted is supposedly restricted property and once
it is adjusted, it will then not be restricted.
ICA/Montgomery advised that this would be called
subdividing.
C/Papen
stated that the. purpose of
the 20 ft.
easement
was to give access to the street from the
propety
owned by -the School District
and what if
the map
opening
was to provide the 20 ft.
up one of the cul-de-sacs near
easement by
the School
District's
property. If the easement
were through
;.
the street, would that not answer the
question.
M/Werner advised that lot 5 could accommodate a
- - _ 5 .. _. -.JI.., L IR .. - - _'A q �'. I 1 I �i4�_ r�. 1 , _. - .,
NOVEMBER 1, 1994 PAGE'13
smaller house within the City's restrictions.
C/Papen asked if the Planning Commission requires
6,900 ft. pads on all of these lots.
CDD/DeStefano advised that the number is 6,000 ft.
pad.
ICA/Montgomery stated that before any lots are
reconsolidated, any open space restrictions are
going to have to be properly removed from the
consolidated portion.
M/Werner moved, C/Papen seconded, to conceptually
approve the project as proposed with the following
restrictions or provisions: 1) demonstrate that
Lot No. 5 and any other lot of a similar depth is
buildable to the specifications of City standards
without variance; 2) if Lot No. 5 comes back
unbuildable, then the lot would provide amenities
for the neighborhood; 3) grading remain on-site or
on the adjoining site; 4) grade lot number 17 so
-, that it does not exceed elevation of Mr. Collins'
jlot; 5) that similar conditions recommended by the
Planning Commission be attached as well additional
conditions the City has looked at for other
subdivisions including litigation, tree removal and
replacement, etc. with this package brought back to
Council.
C/Papen stated that on page 11 of the Conditions of
Approval, Conditions 9, 10 and 11 are the same as
those in the Arciero project for replacing and
transplanting eight oak trees, seedlings, etc. and
should be modified for this project.
Following discussion, M/Werner withdrew his motion.
In response to M/Werner, CM/Belanger explained that
as long as Council does not give the impression
that the project is approved, then the property
owner can be required to answer questions and/or
provide solutions. He indicated that creation of
lots 5, 6, 7, 8 and 9 depends, to some extent, upon
acquisition of the property.
ICA/Montgomery reported that, regardless of
restriction, the Council can create it as buildable
property as long as it went through appropriate
procedures.
NOVEMBER 1, 1994 PAGE 14
W7
CM/Belanger advised that if the Council adopts a
condition and some future Council decided not to
provide approval for that condition, it is
questionable whether that condition is held to be
valid.
M/Werner restated Council's discussions: 1) the
map shows a heavy boundary line which is Mr.
Patel's ownership;_however it 'shows proposed lots
that extend beyond -that',boundary .onto school
l
property which Mr. Patedoes not own; 2) by
grading off-site, Mr. -Patel is treating excess dirt
that cannot be accepted on to his property which
would have to be moved off-site, impacting
neighbors; 3) if Mr. Patel gets the -go ahead, it
may not be binding until Council sees the next
tentative map.
Mr. Patel explained that the dirt will be moved to
the School District's_ property. He displayed
letters from the School District proving their
agreement with movement of the dirt onto their
property. The -School' District also indicated
interest in selling the property to Mr. Patel.
M/Werner reiterated that Mr. Patel is willing to
rely on the future acquisition of school property
and that he can' keep the dirt on his own site or
the School District's site; but that he does not
agree with getting a conditional approval.
Jan Dabney advised that Mr. 'Patel is willing to
take the conditional approval.
M/Werner stated that if the School District fails
to sell the property to Mr. Patel, then he would
need to come back for an amended tentative map.
MPT/Harmony stated that the 21 homes would be a
burden on the streets and that there are no
Planning Commission approvals except a denied
General Plan The project should be referred back
to the Planning Commission for'amendment with full
considerations. He indicated that he would like to
see the project cut in half.
C/Papen felt that the pad sizes were too large and
suggested restricting -grading to the property or
adjacent property and that no dirt would be trucked
off-site. Further, a -'-direct easement for the
school through this property should be provided for
NOVEMBER 1, 1994 PAGR-15
clear access to Morning Sun which would mean
-- opening the end of the cul-de-sac. She asked that
if lot 3 is adjusted, what does that do to lot 4
with an already existing 9 1/2 ft. difference in
elevation between those two pads.
CDD/DeStefano suggested that staff be directed to
prepare final environmental documents including a
Statement of Overriding Considerations and, if
appropriate, mitigation measures to match the
project which would incorporate any off-site
mitigation measures required as a result of the
placement of the grading.
C/Papen stated that lots 12 and 13 are oblong in
shape but only 60 ft. wide. With a 15 ft. side
yard setback, that leaves 45 ft.
MPT/Harmony asked why the Council was looking for
an easement and 'expressed concern that Mr. Patel
was using the School District's property as a
dumping ground.
C/Papen advised that she requested the easement so
that the property would not be landlocked and to
provide a potential for access.
It was moved by M/Werner, seconded by C/Miller to
incorporate the suggestions made by C/Papen and
approve the Map with the provision that all grading
be on the property or adjacent property; an
easement be extended for access to the school
property; annex the property to LMD 38; elevation
for Lots 3 and 4 be adjusted to conform to the
elevation of the adjoining parcel to the rear.
Staff was directed to prepare the conditions
recommended by the Planning Commission and add them
to conditions enumerated by M/Werner, along with
conditions regarding litigation and other approved
hillside projects. Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS - Papen, Miller,
M/Werner
NOES: COUNCIL MEMBERS - Ansari, MPT/Harmony
ABSENT: COUNCIL MEMBERS - None
RECESS: M/Werner recessed the meeting at 9:28 p.m.
RECONVENE: M/Werner reconvened the meeting at 9:43 p.m.
NOVEMBER 1, 1994 PAGE 16
3. PUBLIC COMMENTS: Max Maxwell, 3211 Bent Twig Ln.,
commented: 1) on the check'C/Papen received for her
pending lawsuit; 2) the General Plan indicates Tonner
Canyon as a planned development and 3) announced that the
Court ordered a recount of the _petition signatures in the
recall effort against C/Papen and C/Miller.
C/Miller advised that the Judge did not order a recount
but said that if the recall committee wanted to pay for
a recount, they would have to pay for the City Clerk and
a Magistrate.
Steve Nice, Rising Star Dr., also stated that the Judge
ruled to allow a recount of the recall signatures.
Clay Chaput, Asst. Superintendent, WVUSD, stated that the
restrictions on the school property are map restrictions
which indicate that there shall be no residential
buildings on the property..
411�', COUNCIL COMMENTS: C/Papen responded to Mr. Maxwell
and Mr. Nice by stating that there was no settlement in
her case --the other party submitted an order to drop the
appeal, which the Judge -signed. She -stated that she was
also in the Court room when the Judge tentatively ruled
that the recall committee would have to pay all costs for
a recount and that another hearing was scheduled for the
committee to indicate,willingness to pay the costs.
C/Ansari announced that the Historical Society would be
hosting a celebration on October. 27, 1994 to commemorate
the 30th anniversary of the D.B. Country Club. She also
stated that a free shuttle will be provided by the City
and the Gas Co. for senior citizens to get to polling
places on November 8, 1994. She advised a summary of the
1994 ballot initiatives -have been put on City-On-Line.and
that the•.first training session -for City -On -Line will be
held November 9, •1994 from 7:00 - 8:30 p.m. at the
Heritage Park Community Center.
2.2 PROCLAIMED THE REMAINING HOLIDAY MONTHS AS "BUCKLE
UP FOR LIFE CHALLENGE."
5. SCHEDULE OF FUTURE EVENTS:
5.1 TRAFFIC & TRANSPORTATION COMMISSION - NOVEMBER 10,
1994 - 6:30 p.m.,-.AQMD Boara Hearing Room, 21865 E.
Copley Dr.
5.2 VETERANS HOLIDAY - FRIDAY, NOVEMBER 11, 1994 - CITY
OFFICES WILL -BE CLOSED. Will Reopen on Monday,
November 14, 1994.,
I
NOVEMBER 1, 1994 PAGE 17
r-
5.3 PLANNING COMMISSION - NOVEMBER 14, 1994 - 7:00
e p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.4 CITY COUNCIL MEETING - NOVEMBER 15, 1994 - 7:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR: MPT/Harmony moved, C/Ansari
seconded to approve the Consent Calendar: With the
following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Ansari, Papen, MFT/
Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 RECEIVED & FILED PARKS & RECREATION COMMISSION
MINUTES - Regular Meeting of September 22, 1994.
6.2 APPROVED VOUCHER REGISTER DATED NOVEMBER 1, 1994 IN
THE AMOUNT OF $478,823.45.
6.3 RECEIVED & FILED TREASURER'S REPORTS - Months of
August and September, 1994.
6.4 REJECTED CLAIM FOR DAMAGES - Rejected the Claim for
Damages filed by Radine Prado on October 18, 1994
and referred the matter for further action to Carl
Warren & Co., the City's Risk Manager.
6.5 ADOPTED RESOLUTION NO. 93-54A: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF
LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT
SPECIFIED PROJECT GRANT PROGRAM FOR THE DESIGN AND
DEVELOPMENT OF PANTERA PARK.
6.6 ADOPTED RESOLUTION NO. 94-50: RESOLUTION GRANTING
CONSENT AND JURISDICTION TO THE COUNTY OF LOS
ANGELES IN THE MATTER OF COUNTY LIGHTING
MAINTENANCE DISTRICT 10006 AND LANDSCAPING AND
LIGHTING ACT DISTRICT LLA -1 CITY OF DIAMOND BAR
ZONE PROJECT NO. 284-107.
6.7 APPROVED RECLASSIFICATION OF ADMINISTRATIVE
ASSISTANT POSITION TO SECRETARY IN THE COMMUNITY
SERVICES DEPARTMENT.
7. PUBLIC HEARINGS: NONE
i
8. OLD BUSINESS:
8.2 DISCUSSION RE RESOLUTION NO. 94-40: A RESOLUTION
NOVEMBER 1, 1994
PAGE 18
OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RE:
NO LEGAL DEFENSE OF COUNCIL MEMBERS. CM/Belanger
advised that the matter had been continued for
quite some time and that, at the time the
Resolution was adopted, Council committed to having
the item placed back on the agenda so additional
testimony could be given.
With Council consensus, it was agreed that no
further action was necessary.
8.3 RESOLUTION NO. 91;-71: A 'RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING
CITY COUNCIL STANDARDS OF OPERATION - CM/Belanger
s
advised that this matter had been continued for
several meetings -and that there were a variety of
issues included 'in this resolution. He read
recommendations submitted by Dr. Rhodes.
M/Werner stated that Mr. Rumpilla had recommended
that Council meetings should start at 6:30 p.m.,
with a time limit placed on each category of the
Agenda and that Old Business should be first.
C/Papen suggested that the Resolution be amended
prohibiting the use- of City property, vehicles,
stationery, etc. to endorse political candidates.
ICA/Montgomery advised that City property may not
be used for partisan political activities.
IIS � -
MPT/Harmony suggested adding "there shall be no
personal gain from the use of City logos and City
business cards which -are printed by the City."
"
ICA/Montgomery suggested that the policy be changed
k to provide that stationary containing the names of
{ all Council Members will only be used for
governmental business and not distributed to
community at large..
s M/Werner advised that he does not want to see the
City's generic, letterhead used by the Council
r6
Members for political gain.
M/Werner reiterated the following: 1) City
Stationary with, the City Council Members' names
would be used for governmental business purposes
only; 2) City stationary without Council Members'
names is unlimited.
y�
-
NOVEMBER 1, 1994 PAGE 19
C/Papen again stated that City stationary should
�= not be used for political purposes regardless of
whose name is on the stationary.
M/Werner advised that C/Papen and C/Ansari will
come back with recommendations on stationary use.
C/Papen moved, C/Ansari seconded to approve
"Robert's Rules of Order" current printing
presented by Dr. Rhodes.
C/Miller moved, MPT/Harmony seconded to amend
Paragraph 3 by deleting the last sentence. Motion
carried 3 to 2 with C/Papen and C/Ansari voting No.
C/Miller moved, MPT/Harmony seconded to approve Dr.
Rhodes' recommendation for the use of Robert's
Rules of Order. Motion carried unanimously.
C/Papen moved, C/Ansari seconded to begin Council
meetings at 6:00 p.m. and not amend the Resolution.
With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Ansari, Papen,
M/Werner
NOES: COUNCIL MEMBERS - MPT/Harmony
ABSENT: COUNCIL MEMBERS - None
8.4 CITY COUNCIL SUB -COMMITTEES - continued from
October 18, 1994 - M/Werner recommended that all
sub -committees be suspended except for the Finance
Sub -Committee and use a rotation basis to appoint
people on an ad hoc basis as issues arise.
C/Papen asked if the MRF Committee was an ad hoc
committee.
Gary Neely, 344 Canoe Cove Dr., advised that there
is a need to continue the Economic Development
Committee and asked for clarification on the status
of the City -On -Line Technical advisory Committee
being a standing committee or ad hoc committee.
M/Werner advised that is a citizen's committee.
C/Papen moved, C/Ansari. seconded to approve ,
abolishment of sub -committees except for the
Finance Committee and Council or citizen
committees. Motion carried unanimously by the
following Roll Call vote:
NOVEMBER 1, 1994
PAGE 20
Pi, V
AYES: COUNCIL MEMBERS - Miller, Ansari, Papen, kwr„r,w
MPT/Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8.5 RESOLUTION NO. 94=51: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR MODIFYING AN
EXISTING TWO-WAY STOP 'CONTROL ON COLD SPRING LANE
AT BREA CANYON ROAD TO A FOUR-WAY STOP CONTROL AT
THE INTERSECTION OF BREA CANYON ROAD AND COLD
SPRING LANE- Continued from October 18, 1994.
Gary Clute, Fountain Spgs-., presented'a petition
requesting a traffic study on Fountain Spgs. Rd.
and the entire Heritage Park area.
MPT/Harmony moved_, C/Papen seconded to adopt
Resolution No. 94-51 entitled: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR MODIFYING
AN EXISTING TWO-WAY STOP CONTROL ON -COLD SPRING
LANE AT BREA CANYON ROAD TO A FOUR-WAY STOP CONTROL
AT THE INTERSECTION OF BREA CANYON ROAD AND COLD
SPRING LANE. With the following Roll Call vote,
motion carried:
r I,
AYES: COUNCIL MEMBERS - Miller, Ansari, Papen,
MPT/Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8.6 FINANCE COMMITTEE REPORT AND RECOMMENDED MATTERS
,,Continued from October.18, 1994.
(a) ORDINANCE NO. XX(1994) - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING A PURCHASING SYSTEM AND REPEALING
ORDINANCES 20(1989) AND 20A(1989) - Continued
to November 15, 1994.
(b) VOICE MAIL - Memorandum regarding procurement
of a voice mail system. MPT/Harmony advised
that he was concerned that the City did not go
out for bids on this purchase.
In response to C/Papen, CM/Belanger advised
that a $2,000 rebate had been received by the
City.
C/Papen moved, C/Miller seconded to approve
the expenditure of $9,778.90 to GTE for the
voice mail system. With the following Roll
NOVEMBER 1, 1994 PAGE 21
Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Ansari,
Papen, MPT/
Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
(c) REQUEST FOR PROPOSALS - ANNUAL INDEPENDENT
FINANCIAL AUDIT SERVICE AND QUARTERLY
COMPLIANCE AUDITS, FOR FISCAL YEARS 1994-95,
1995-96 AND 1996-97 - Continued to November
15, 1994.
9. NEW BUSINESS:
9.2 AWARDED CONTRACT FOR OPERATION OF THE 1994 HOLIDAY
SHUTTLE PROGRAM - C/Miller moved, C/Papen seconded
to award a contract for the 1994 Holiday Shuttle
Program to Western Transit Systems, Inc./Yellow Cab
of Northern Orange County, Inc. in an amount not to
eoc�ed $22,000. With the following Roll Call vote,
r:c;tion carried:
2-1YES: COUNCIL MEMBERS - Miller, Ansari, Papen,
MPT/Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
9.3. AWARDED CONTRACTS FOR PROFESSIONAL TRAFFIC &
TRANSPORTATION ENGINEERING SERVICES - C/Miller
moved, C/Ansari seconded to award a contract for
professional Traffic & Transportation engineering
services on an "as needed" basis for 2 years to:
Austin -Foust Associates, Inc.; Warren Siecke;
Linscott, Law & Greenspan and DKS Associates. With
the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Ansari, Papen,
MPT/Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
9.4 AWARDED ON-CALL CONTRACTS FOR COMPUTER MAINTENANCE
AND REPAIR SERVICES - C/Miller moved, C/Ansari
seconded to award a contract to B. Chamberlain
Consulting and MicroAge Computermart for on-call
computer maintenance and repair services in an
amount not to exceed $2,500. With the following
Roll Call vote, motion carried:
NOVEMBER 1, 1994 PAGE 22
AYES: COUNCIL MEMBERS - Miller, Ansari, Papen,
MPT/Harmony, M/Werner
NOES: COUNCIL MEMBERS -- None
ABSENT: COUNCIL MEMBERS None
9.1 COMMUNITY 'NEWSLETTER AND RECREATION GUIDE: 3
VERSUS 4 ISSUES PER YEAR Continued to November
15, 1994.
10. ANNOUNCEMENTS: NONE
11. CLOSED SESSION: NONE s.
12. ADJOURNMENT: There being no further business,
to conduct, M/Werner adjourned the meeting at 11:00 p.m.
in memory of resident Charles Majus and siai-n-- LAPD
Officer Charles Heim to November 1-5, 1994 at 6:00 p.m.
LYNDA BURGESS, City. -Clp crk
ATTEST:
u.
Mayor
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