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HomeMy WebLinkAbout12/18/1990Incorporated April 18, 1989 City of Diamond Bar, California CITY COUNCIL AGENDA REGULAR MEETING Mayor - Gary H. Werner Mayor Pro Tem - John Forbing Councilwoman - Phyllis Papen Councilman - Jay Kim Councilman - Donald C. Nardella City Council Chambers are located at: Walnut Valley Unified School District Board Room 880 South Lemon Avenue Please refrain from smoking, eating or drinking in the Council Chambers, MEETING DATE: December 18, 1990 Robert L. Van Nort City Manager Andrew V. Arczynski MEETING TIME: CLOSED SESSION: 5:15 p.m. City Attorney REGULAR SESSION: 6:00 p.m. Lynda Burgess City Clerk topes of staff reports or other.writtendocumentation relating to each item referred to on this agenda are on the n the Officef the City Clerkiand are available for public inspection. ff you have questions regarding any agenda item, :ontact the City Clerk at (714) 860-2489 during business hoU[S. City of Diamond Bar uses RECYCLED paper and encourages you to do the same. THIS MEETING IS BEING TAPED BY JONES INTERCABLE FOR AIRING ON CHANNEL 51, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TAPED. ALL COUNCIL MEETING TAPES WILL BE BLACKED IMMEDIATELY AFTER AIRING AND WILL BE UNAVAILABLE FOR REPRODUCTION. CLOSED SESSION 5:15 p.m. Litigation - Government Code Section 54956.9 Personnel - Government Code Section 54957.6 Next Resolution No. 97 Next Ordinance No. 17 CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: COUNCILMEN NARDELLA, PAPEN, KIM, MAYOR PRO TEM FORBING, MAYOR WERNER COUNCIL COMMENTS: Items raised by individual Councilmembers are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. PUBLIC' COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please complete a speaker's Card and give it to the 2itV Clerk completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council CONSENT CALENDAR: The following items listed on the Consent Calendar are considered routine and are approved by a single motion. 1. SCHEDULE FUTURE MEETINGS A. City Offices closed - December 24 & 25, 1990 for Christmas Holidays and January 1, 1991 - New Year's Day. B. No City Council Meeting - January 1, 1991. C. Parks and Recreation Commission - January 10, 1991 - 6:30 p.m. - City Hall - 21660 E. Copley Dr., Suite 100. D. Traffic and Transportation Commission - January 10, 1991 - 6:00 p.m. - Community Room, 1061 S. Grand Ave. E. Planning Commission - January 14, 1991 - 7:00 p.m. - W.V.U.S.D. Board Room - 880 S. Lemon Ave. CITY COUNCIL AGENDA PAGE 2 DECEMBER 18, 1990 F. City Council Meeting - January 15, 1991 - 6:00 p.m. - W.V.U.S.D. Board Room - 880 S. Lemon Ave. 2. APPROVAL OF MINUTES - Adjourned Regular Meeting of November 29, 1990 and Regular Meeting of December 4, 1990. 3. WARRANT REGISTER - Approve Warrant Register dated December 18, 1990 in the amount of $341,114.48. 4. PARRS AND RECREATION COMMISSION - Receive and file Parks and Recreation Commission Minutes of August 9, August 23, and September 13, 1990. 5. PLANNING COMMISSION - Receive and file Planning Commission Minutes of September 24 and October 8, 1990. 6. APPOINTMENT OF LAW FIRM - Approve appointment of the Law Firm of Frelich, Stone, Leitner & Carlisle to represent the City's interest in a lawsuit filed by Potlatch Corporation and Simpson Paper. • RESOLUTION NO. 90 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1697 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF - Private Drain No. 1697 was constructed in 1988 as part of improvements in Tract No. 38454. The drain has been inspected and approved by L.A. County Department of Public Works based on upon satisfactory completion of improvements per approved plans. The City Engineer reviewed the improvements and is in agreement. Recommended Action: Adopt Resolution No. 90 - XX requesting L.A. County Board of Supervisors to accept the transfer and conveyance of Private Drain No. 1697. 8. BOND EXONERATION - L.A. County Department of Public Works requested exoneration of a bond for Street Tree Improvements, Tract No. 42577 vicinity of Longview Dr. and Grand Ave. City Engineer has reviewed and approves. Recommended Action: Approve work completed, exonerate the Surety Bond and direct City Clerk to send Council action to principals involved. CITY COUNCIL AGENDA PAGE 3 DECEMBER 18, 1990 9. RESOLUTION NO. 90 - XX: A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT GOLDEN SPRINGS DRIVE AND SUNSET CROSSING ROAD IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE. BIDS - Pursuant to Council direction, plans for the installation of a traffic signal at the intersection of Golden Springs Dr. and Sunset Crossing Rd. have been prepared for Council approval. Recommended Action: Approve plans and authorize advertising for bids with a bid opening date of January 23, 1991. :LO. A) RESOLUTION NO. 90 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE USE OF THE CITY'S NAME IN LIEU OF THE DELIVERY POST OFFICE NAME FOR THOSE RESIDENTS AND BUSINESSES LOCATED IN THE 91789 ZIP CODE. B) RESOLUTION NO. 90 - XX: A RESOLUTION OF THE CITY COUNCIL OF. THE CITY OF DIAMOND BAR, CALIFORNIA PETITIONING THE UNITED STATES POSTAL SERVICE TO ESTABLISH AN OFFICIAL POST OFFICE STATION TO SERVE THE CITY OF DIAMOND BAR. Pursuant to Council direction to help alleviate the problem confronted by Area "A's" Zip Code of 91789, two resolutions have been prepared. Recommended Action: A) Adopt Resolution No. 90 - XX supporting the use of the City's name in lieu of the delivery post office name for those residents and businesses located in 91789; and/or B) adopt Resolution No. 90 - XX petitioning the United States Postal Service to establish an official post office station to serve the City of Diamond Bar. SPECIAL PRESENTATIONS 11. CERTIFICATE OF APPRECIATION: Presentation of Certificate of Appreciation to Ivan Nyal, former Chairman of the Parks and Recreation Commission. 12. PROCLAMATION - Proclaiming the week of January 11 - 21, 1991 as Martin Luther King, Jr. Birthday Week in the City of Diamond Bar. 13. RESOLUTION NO. 90 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXPRESSING APPRECIATION FOR THE DONATION OF THE VHF RADIO REPEATER STATION BY THE PEOPLE OF DIAMOND BAR. Recommended Action: Adopt Resolution No. 90 - XX expressing appreciation for the donation of the VHF Radio Repeater Station. CITY COUNCIL AGENDA PAGE 4 DECEMBER 18, 1990 OLD BUSINESS 14. PARRS AND RECREATION COMMISSION VACANCY/APPOINTMENT - Appoint to fill vacancy left by Donald C. Nardella and swear in appointee. 15. RESOLUTION NO. 89-97D: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL - Amending the Conflict of Interest Code to provide for consultants, ad hoc committees, task forces and similar groups. Recommended Action: Adopt Resolution No. 90-97D amending the City's Conflict of Interest Code. NEW BUSINESS 3.6. HISTORICAL COMMITTEE - As requested by Mayor Pro Tem Forbing, consider establishment of a Historical Committee to inventory and retain historically valuable material. Recommended Action: Establish a Historical Committee to collect, inventory and retain photographs, documents and objects/items of possible historical significance. 17. COUNCIL APPOINTMENTS - Appointment to Committees formerly held by Councilman Paul V. Horcher: Southeast Mosquito Abatement District Sister Cities International City of Industry Liaison Personnel Committee Finance Committee PUBLIC HEARINGS - 7:00 p.m. or as soon thereafter as the matters can be heard. 18. RESOLUTION NO. 90 - RB - SOLID WASTE PERMIT FEES - In order to offset the costs of preparing, adopting and implementing an integrated waste management program, as required under AB 939, the State Legislature has provided a mechanism by which the City may impose fees for the collection and disposal of solid wastes. Authorization for these fees is provided in Section 41902 of the Public Resources Code. Recommended Action: Receive public testimony and adopt Resolution No. 90 - XX establishing solid waste permit fees and direct staff as necessary. CITY COUNCIL AGENDA PAGE 5 DECEMBER 18, 1990 ANNOUNCEMENTS - This time is set aside for any City Councilmember to direct staff regarding any matters to be discussed at the next regular meeting ADJOURNMENT I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Diamond Bar held on the -2Dth day of —FA}-,rnary , 1990, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the tith day of _Marc -h 1990, by the following vote: AYES: COUNCIL MEMBERS: Forbin g, Horcher, Miller NOES:Mayor COUNCIL MEMBERS: and Pro Tem Werner Mayor Papen ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: City Clefk of the City of D:_amond Bar L\1012\DBR1:FUSE\DB 5.5 (Disc) 37 MINUTES OF THE CITY COUNCIL REGULAR ADJOURNED MEETING NOVEMBER 29, 1990 CALL TO ORDER: M/Werner called the meeting to order at 1:18 p.m. in Room 163 of the Ramada Inn, 259 Gentle Springs Road, Diamond Bar. ROLL CALL: Councilmembers Papen, Horcher and Kim, Mayor Pro Tem Forbing and Mayor Werner. Also present were Assistant City Manager Terrence L. Belanger, City Attorney Andrew V. Arczynski, City Planner James DeStefano and City Clerk Lynda Burgess. CA/Arczynski announced that the meeting would be adjourned to Closed Session to discuss personnel and property acquisition items regarding Site "D". CLOSED SESSION: M/Werner recessed the meeting at 1:20 p.m. RECONVENED: M/Werner reconvened the meeting at 1:50 p.m. COUNCIL COMMENTS: No Council comments. PUBLIC COMMENTS: No public comments. CONSENT CALENDAR: C/Papen moved, seconded by C/Kim to approve the Consent Calendar with amendments to the Minutes of November 6 and November 13, 1990. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Kim, Horcher, Papen, MPT/Forbing, M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None OLD BUSINESS: Ordinance 16 (1990) CA/Arczynski presented for 2nd reading by title Directing that only, Ordinance No. 16 (1990) entitled AN ORDINANCE Gen. Muni. OF THE CITY COUNCIL OF THE CITY OF Elections be held DIAMOND BAR DIRECTING THAT GENERAL MUNICIPAL ELECTIONS OF THE on the Day of CITY OF DIAMOND BAR BE HELD ON THE DAY OF SCHOOL DISTRICT ELECTIONS. School District Elections C/Kim moved, MPT/Forbing seconded to waive full reading of Ordinance No. 16 (1990). With consensus of Council, the motion carried. Following discussion regarding continuing the matter to December 4, 1990, MPT/Forbing moved, C/Horcher seconded to adopt Ordinance No. 16 (1990). Motion carried by the following Roll Call vote: NOVEMBER 29, 1990 PAGE 2 AYES: COUNCILMEMBERS - Horcher, MPT/ Forbing, M/Werner NOES: COUNCILMEMBERS - Papen, Kim ABSENT: COUNCILMEMBERS - None Zip Code Update Admin. Analyst Troy Butzlaff stated that staff, along with Congressman David Dreier, has been trying to resolve the zip code dispute with the post office. He explained that a reply was received from the postal service last July denying said request. Staff has since contacted representatives from other municipalities having similar difficulties in an attempt to approach the issue on a regional level. He recommended consideration of three draft resolutions included in the staff report. He further indicated that Mark Martinez, regional section manager for the Alhambra Post Office, was considering allowing residents in Area "A" to use Diamond Bar on their mail rather than Walnut. MPT/Forbing recommended adoption of Resolution No. 1 and recommended that the postal service be encouraged to change the Diamond Bar sub -station to a full post office with a postmaster and bulk mail and move the 11 carrier routes from the Walnut station to the Diamond Bar station. Following discussion, staff was directed to Place Resolutions 1 and 3 on the Agenda for the meeting of December 18, 1990. NEW BUSINESS: Parks & Rec. M/Werner nominated Mr. David Meyer to fill Commission the unexpired term of Ivan Nyal, Parks and Vacancy Recreation Commission. With consensus of Council, the motion carried. City Council M/Werner advised that interviews of City Interviews Council candidates to fill the unexpired term left by Paul V. Horcher would take place between 2:00 P.M. and 4:00 P.M. He stated that there would be 2 minutes for intro- ductions and 8 minutes for questions and answers. The following candidates were interviewed: Joseph Anthony, D.D.S., Oral Surgeon. NOVEMBER 29, 1990 PAGE 3 Clair Harmony, M.A. in Public Administration, 14 years in public management, City Manager and Asst. City Manager, General Manager of property, publisher of a newsletter for City Managers and consultant to Southern California cities, Vice - Chairman of the Planning Commission. Don Nardella, Attorney at Law (real estate and business). Tom Ortiz, retired law enforcement officer. Lydia Plunk, homemaker. Cindee Quan, elementary teacher, Walnut Valley Unified School District. Gary Miller, developer (not in attendance due to recent surgery) RECESS M/Werner recessed the meeting at 3:25 p.m. RECONVENE M/Werner reconvened the meeting at 3:35 p.m. Following the conclusion of the interviews, M/Werner began a question and answer period with the candidates. RECESS With the conclusion of the question and answer period, M/Werner thanked each of the nominees for their participation and recessed the meeting at 4:45 p.m. RECONVENE M/Werner reconvened the meeting at 5:05 p.m. C/Horcher absent. JOINT MEETING COUNCIL/COMMISSION: Capital Improvement PD/DeStefano presented the Capital Improvement Program (CIP) for discussion Program and stated that the CIP the multi-year schedulingof c al improvements based on fiscal resourcesand ythe choice of what and where public improvements should be located. The CIP budget includes the facilities programmed for the next fiscal year. The benefits of a CIP are varied: (1) assurance that projects will be carried out; (2) better scheduling of public improvements; (3) purchase of land before costs go up; (4) examining long-range financial planning for programs in mind; (5) avoiding street construction one year and sewer projects tearing up the same street the next year; (6) public participation and better overall management of city affairs. He further discussed the various methods of financing: (1) pay as you NOVEMBER 29, 1990 PAGE 4 ANNOUNCEMENTS: ADJOURNMENT: go; (2) general obligation bonds; (3) revenue bonds; (4) lease purchase; (5) special districts; (6) benefit assessment districts; (7) state and federal funds; (8) tax increment financing. M/Werner then introduced each of the Commissioners in attendance: Planning Commission - Clair Harmony and Grace Linn; Traffic & Transportation Commission - Don Gravdahl, Todd Chavers and Tom Ortiz; Parks Recreation Commission - Don Nardella, Joe Ruzicka and Gary Stitt. Asst. CE/Jack Istik stated that a recommenda- tion to award a contract for preparation of the Circulation Element of the General Plan will be presented on December 4, 1990. The consultant could then make CIP recommenda- tions in March 1991. Following discussion, take the CIP proposals Commissions. Further will take place after agreed on priorities. M/Werner requested t City stationery to b Society to promote a solicit participants decision was reached staff was directed to to each of the review by the Council the Commissions have hat the Council allow e used by the Leukemia fund-raising luncheon to in the event. No on this matter. With no further business to conduct, M/Werner adjourned the meeting at 6:25 p.m. Mayor f MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 4, 1990 CALL TO ORDER: M/Werner called the meeting to order at 6:00 p.m. in the Council Chambers, W.V.U.S.D., 880 S. Lemon Avenue, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance ALLEGIANCE: by C/Kim. ROLL CALL: Councilmembers Papen and Kim, Mayor Pro Tem Forbing and Mayor Werner. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski, Assistant City Manager Terrence L. Belanger, City Planner James DeStefano, City Engineer Sid Musavi, and City Clerk Lynda Burgess. COUNCIL COMMENTS: C/Papen announced that on Friday, December 7th, the City will host a meeting of the State Commission on Aging at the Days Hotel. Mr. John Fleming, a resident of Diamond Bar, is a member of the Commission. M/Werner stated that on December 3rd, he and CM/ Van Nort attended the swearing-in ceremony for Assemblyman Paul Horcher. PUBLIC' COMMENTS: Mr. Don Gravdahl, 23988 Minnequa Dr., stated that he had received several solicitation calls on his unlisted telephone number and felt that there should be a way to monitor these groups to determine how much of the funds actually go to charity. He also indicated that there should be some kind of City system to monitor organizations soliciting door-to-door. Mr. John Fleming, resident and member of the State Commission on Aging, invited the City Council to the Commission on Aging Meeting at 8:30 a.m. on December 7, 1990 at the Days Hotel. Mr. Red Calkins, 240 Eagle Nest Dr., stated that while traveling through San Luis Obispo County, highway signs were posted indicating "Litter Removal next two miles." The Calif. Highway Patrol stated that CalTrans has implemented a program throughout the State requesting businesses to adopt a stretch of the highway to control litter. He suggested that the City look into the concept. CONSENT CALENDAR: C/Kim moved, seconded by MPT/Forbing to approve the Consent Calendar. Motion carried by the following Roll Call vote: DECEMBER 4, 1990 Warrant Register Treasurer's Report Traffic & Trans. Commis. Minutes Planning Commis. Minutes PAGE 2 AYES: COUNCILMEN - Papen, Kim, MPT/ Forbing, M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Approved Warrant Register dated December 4, 1990 in the amount of $457,080.24. Approved Treasurer's Report for the month of October, 1990. Received and filed Traffic & Transportation Commission Minutes of October 11, 1990. Received and filed Planning Commission Minutes of August 13, August 27 and September 10, 1990. Parks & Rec. Commis. Minutes Received and filed Parks and Recreation Commission Minutes of July 2, July 12 and July 26, 1990. Bond Exoneration Road Improvements Approved work completed and exonerated Surety Bond Tract No. 36813 No. ASI 100 092 in the amount of $198,450 for road improvements, vicinity of Golden Springs and Diamond Bar Blvd. Resolution '90-96 Rqstg. Bd. of Sups. Adopted Resolution No. 90-96 entitled: A RESOLUTION to Accept Transfer OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, & Conveyance of REQUESTING THE BOARD OF SUPERVISORS OF Storm Drain Imps. known as P.D. 1812, THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF Unit I CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1812 UNIT I IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. SPECIAL PRESENTATIONS: Proclamation - Dec., 1990 "Strap Your Proclaimed the Month of December, 1990 as "Strap Water Heater Month" Your Water Heater Month" in conjunc- tion with the year-long Earthquake Survival Program. Swearing -In - Parks & Rec. Commissioner M/Werner swore in David D. Meyer as the new Parks David D. Meyer and Recreation Commissioner to complete the unexpired term of Ivan Nyal. DECEMBER 4, 1990 PAGE 3 OLD BUSINESS: Traffic Circ. ACM/Belanger recommended that a contract be Element RFP awarded to DKS Associates for preparation of the Award of Contract Traffic Circulation Element and that $125,000 to DKS Assoc. of unappropriated General Funds, Prop A, Prop 111 and/or other pertinent reserves be allocated to fund the cost of preparation. Mr. Todd Chavers, 23816 Chinook P1., Traffic and Transportation Commissioner, stated that he had participated in the selection process and urged the Council to endorse staff's recommendation and award the contract to DKS Associates. Following discussion, C/Kim moved, C/Papen seconded to award a contract to DKS Associates for the preparation of the Traffic Circulation Element and allocate funds in the amount of $125,000 for preparation of said element. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Kim, Papen, MPT/Forbing, M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Resignation of Councilman M/Werner stated that a letter dated November 30, Paul V. Horcher 1990 had been received from former Councilmember Paul Horcher tendering his resignation effective December 2, 1990. CA/Arczynski stated that Council should accept the letter of resignation and declare Mr. Horcher's Council seat vacant. M/Werner moved, MPT/Forbing seconded to accept the resignation and declare the seat held by Councilman Horcher as vacant. With consensus of Council, motion carried. Consideration of Appoint:. to Fill M/Werner stated that the Council has 30 days from the date Council. Vacancy of a resignation to appoint to fill a vacant Council seat. If an appointment is not made within that time, the City would conduct an election to fill the vacancy; in this case, it would be held in June 1991. He further stated that each Councilmember had had an opportunity to nominate two persons and that at the Council meeting of November 29, 1990, six of the seven nominees were interviewed. C/Papen stated that she did not nominate any candidates because she supported calling an for an election. However, due to comments by the City DECEMBER 4, 1990 PAGE 4 Attorney regarding abstain voting, she was forced to vote on this issue. C/Kim moved, MPT/Forbing seconded to close the nominations to only those seven previously nominated. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Kim, MPT/Forbing, M/Werner NOES: COUNCILMEN - Papen ABSENT: COUNCILMEN - None CA/Arczynski stated that it would be appro- priate to have a motion and second on a particular person to fill the vacancy and then conduct a roll call vote. If the necessary votes are not obtained, then another candidate would be nominated. C/Kim suggested that the list be narrowed down and from that a candidate be appointed. M/Werner moved to appoint Clair Harmony. Motion died for lack of second. Following further discussion, M/Werner again moved to appoint Clair Harmony. Motion died for lack of second. C/Kim moved, C/Papen seconded to appoint Gary Miller. With the following Roll Call vote, the motion failed due to a tie. AYES: COUNCILMEN - Papen, Kim NOES: COUNCILMEN - MPT/Forbing, M/Werner ABSENT: COUNCILMEN - None C/Kim moved to appoint Tom Ortiz. Motion died for lack of a second. M/Werner moved to appoint Lydia Plunk. Motion died for lack of a second. C/Kim moved to appoint Cindee Quan. Motion died for lack of a second. MPT/Forbing moved, M/Werner seconded to appoint Donald C. Nardella. With the following Roll Call vote, the motion carried: DECEMBER 4, 1990 PAGE 5 AYES: COUNCILMEN - Kim, MPT/Forbing, M/Werner NOES: COUNCILMEN - Papen ABSENT: COUNCILMEN - None MPT/Forbing administered the Oath of Office to Mr. Nardella. ANNOUNCEMENTS: C/Kim stated that it had been an experience going through the Council vacancy process and that he was impressed by the amount of people willing to serve the City. He requested that staff research the possibility of limiting terms so that more people have an opportunity to serve the City. CA/Arczynski explained that since the City is a General Law City, State law does not provide for restricting the number of terms a Councilmember can serve. CLOSET) SESSION: M/Werner adjourned the meeting to Closed Session at 7:10 p.m. RECONVENE: M/Werner reconvened Regular Session at 7:45 p.m. and declared that there was no reportable action taken during the Closed Session. ADJOURNMENT: There being no further business to conduct, M/Werner adjourned the meeting at 8:45 p.m. to 6:00 p.m. on December 18, 1990. LYNDA BURGESS City Clerk ATTEST: Mayor MINUTES OF THE PARRS AND RECREATION COMMISSION REGULAR MEETING OF AUGUST 23, 1990 CALL TO ORDER: Vice Chairman Don Nardella called the meeting to order at 6:38 p.m. at the Community Room, 1061 Grand Avenue, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Commissioner Joe Ruzicka. ROLL CALL: Commissioners Ruzicka, Stitt and Vice Chairman Nardella. Chairman Nyal arrived at 6:45 p.m. C/Whelan was absent (excused). Also present were Parks and Maintenance Director Charles Janiel and Clerk Typist Christine Haraksin. MATTERS FROM THE AUDIENCE: Clarence Broski, 1508 Gide Court, Diamond Bar, boarders Maple Hill Park, third time he has made a petition in order to have the Commission attempt to put a fence around that park. There has been vandalism on his property because of kids coming across his barricades into his backyard. A fence is the usual protection for the residents around the park. Mr Broski stated he has only seen the hills watered once this year and the trees have started to die. He understands the need for cutting back water but the hill should be watered a little more frequently or at least sufficient enough in order to keep the trees from dying. He stated before the County put in a park, he observed in the plot maps that at one time they did have a fence to be put in around the park, but it was a cost saving item. Mr. Janiel stated that the fence is budgeted for this year and will also be installed this year. VC/Nardella directed staff to check all controllers and sprinkler pipes on the hills at Maple Hill Park. APPROVAL OF MINUTES: Minutes of C/Stitt moved and Chair/Nyal seconded. With July 26, 1990 and the consensus of the Commission the motion August 9, 1990 was passed to accept the Minutes of July 26, 1990 and August 9, 1990. August 23, 1990 Page 2 REPORTS: Oral report from VC/Nardella stated there was no action taken Recreation Advisory at the Recreation Advisory Board Meeting. Board Committee: There was tentative approval for the Fall Program but still discussing budget items regarding park monitors. Also, there is a tentative approval on having a Saturday program at Ronald Reagan Park. VC/Nardella stated that Walnut Valley Unified will be making an increase of 50% in their use of facilities. The charge per child at this time is $5.00 per child and will increase to $7.50. This is per Dr. Brown., Superintendent of Walnut Valley Unified School District. CORRESPONDENCE: Pomona Unified School Commission discussed the pricing of the up - District - Upgrading grading of fields and their one point of of athletic fields: concern was the stadium seating of $100.00 per seat. The Commission stated that stadium seating was not necessary and would be more beneficial to have portable bleacher seating. VC/Nardella stated the Commission is trying to make a determination of we as a Community feel we need. From a City stand point we can identify available resources and figure out how to best meet those needs. VC/Nardella asked if the second letter to the sports groups regarding their needs have gone out? Charles Janiel stated he has provided Kellee with a copy of the letter that was sent out and she said it is going to be incorporated into the survey. Bill Plank, 1343 North Glenn Avenue, Pomona is the Director of the Diamond Bar/Walnut Youth Basketball. He has been involved in the basketball league for about 15 years and spoke regarding the need for more facilities, whether it be new facilities or the upgrading of others. His program is not restricted to just Walnut and Diamond Bar, though 70% of the sign ups are from the City of Diamond Bar. Augusit 23, 1990 Page 3 Charles Janiel stated that the City staff is beginning looking into developing a Capital Improvement Program. These priorities will be put in what is called a 5 Year Capital Improvement Plan that is available to the public every year. VC/Nardella stated it was suggested some time ago that staff create a filing system regarding the needs of each facility. VC/Nardella asked if the requests of the sports groups been entered into your list? Charles Janiel stated that all correspondence available at that time has been included in the plan. Correspondence from VC/Nardella stated that staff was asked to Diamond Bar Pop thank Ms. Diamond for her input on the needs Warner Football: of Diamond Bar Pop Warner on facilities and usages. Correspondence from VC/Nardella stated at the Recreation Advisory Mr. & Mrs. Owens: Board Meeting the members were told that Walnut Valley Unified decided to give the Owen's a credit for the Fall term and the situation was resolved. . The meeting was adjourned at 7:25 and readjourned at 7:33. Correspondence from VC/Nardella summarized to the Commission Mr. Mark Da.11i, Mad Dog Dalli's letter. Tennis: C/Stitt stated his concerns are if City facilities are going to be used in order to instruct these lessons, with the renting or leasing of this property what would the liabilities if any the City of Diamond Bar would incur if anyone were injured during the instruction. C/Stitt requested that more information is needed from Mad Dog Tennis or Mr. Dalli himself before the Commission can go any further with this issue. Chair/Nyal moved and Ruzicka seconded. With the consensus of the Commission the motion was passed to check back with the action taken on the first letter and rewrite that letter with the recent date and state that August 23, 1990 Page 4 there is no change in the Commission's posi- tion. Also have Mr. Dalli come back to the Commission with more information as to justi- fy and explain what is meant by so called "Posers". VC/Nardella stated since Mad Dog Tennis is a community group he could have some input as to what he feels the need for lighted tennis facilities might be and the Commission could add these needs and future needs into the master planning. VC/Nardella also stated if Mr. Dalli has the desire to teach in this community, he might contact and schedule teaching classes with Walnut Valley Recreation and then the Commission could reserve time for him at the parks. INFORMATION ITEMS: Open Space Tract Commission reviewed the #42562: information. The Commissioners questioned the usability of the remainder of lot 7 Tract #31479. Within their discussion there was a possibility of negotiating with Bramelea to acquire more usable park space in conjunction with this proposal. Heritage Park Building Charles Janiel stated that construction is to Renovation Status: begin in 1992 and he has been quoted about $200.00 per square foot for building improve- ments at Heritage Park. C/Stitt addressed the Commission with the items discussed at the meeting with the architects. The items discussed were termite fumigation, repairs, needs for a new roof, suspended ceiling with new light fixtures, remove an interior wall to increase room size, install panic bars on doors to bring it UP to fire safety codes, rear exit, carpet, new bathroom fixtures, various adjustments to Plumbing and electricity and looking into air conditioning as well. VC/Nardella stated that he would take this information back to the Recreation Advisory Board and let them know that it will not be a conflict in the use of the facility for the parent participation preschool. They can 46 August 23, 1990 Page 5 COMMISSIONER COMMENTS: anticipate to run this program for at least a couple of years, should it be a break even Potential which was instructed at one of the Recreation Advisory Board Meetings. C/Ruzicka received a survey from the National Parks and Conservation Association and when comparing this survey to the Commission's, similar questions had been asked. This was just for the Commission's information on other surveys. Chair/Nyal stated that at he has a home in Diamond Bar and one in Apple Valley which will be his permanent residence. He also stated his intention is if the Commission and City Council will allow him to continue on the Parks and Recreation Commission he would be honored, if not he would step down from his position. He will still be conducting business within the City of Diamond Bar and approximately 80% of his time would be spent in the City. C/Stitt stated at the Joint Council Meeting Sue Harmony asked if the Sylvan Glen signs will be removed. Has the issue been resolved? Charles Janiel stated that staff is in the process of getting signs made to replace the old Sylvan Glen signs. VC/Nardella informed the Commission on the Recreation Advisory Board Meeting there were questions about where the money would come that Christine Adams was finding and would have to reduce the Diamond Bar Program and VC/Nardella asked if this meant we would be cutting back to three days. No, there were other monies that have been floating around within the budget, that were not specifically allocated for Diamond Bar Parks. Using those monies Diamond Bar would still have the four parks verses the three in Walnut but there is still an additional $4,000 needed to find for the park monitors. By changing the program at Ronald Reagan Park from two hours a day to August 23, 1990 ADJOURNMENT: AT T: i` ��— Chairman Page 6 an 8 hour program on Saturday there would be savings. VC/Nardella stated there would be a final figure of monies after the next Recre- ation Advisory Board Meeting. With no further comments, the meeting was adjourned at 8:33 p.m. LL Christine `Haraksin Secretary MINUTES OF THE PARKS AND RECREATION COMMISSION REGULAR MEETING OF SEPTEMBER 13, 1990 CALL TO ORDER: Commissioner Stitt called the meeting to order at 6:33 p.m. at City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California. PLEDGE: OF The audience was led in the Pledge of ALLEGIANCE: Allegiance by Commissioner Joe Ruzicka. ROLL CALL: Commissioners Ruzicka, Stitt and Whelan. Vice Chairman Nardella arrived at 6:40 p.m. Chairman Nyal arrived at 7:10 p.m. Also present were Parks and Maintenance Director Charles Janiel, Administrative Analyst Kellee Fritzal, Superintendent Donald Hensley and Minute Secretary Liz Myers. MATTERS FROM THE None. AUDIENCE: CONSENT CALENDAR: APPROVAL OF MINUTES: Minute; of July 2, 1990 Minutes of July 12, 1990 Commissioner Stitt presented the Consent Calendar. C/Ruzicka moved and C/Stitt seconded. With the consensus of the Commission the motion was passed to approve the Consent Calendar. VC/Nardella said he would like more detailed minutes. C/Ruzicka noted comments that were misappropri- ately placed. He would like emphasized the importance of prioritizing administrative tasks and to have them properly reflected in the agenda. C/Stitt moved and VC/Nardella seconded. With the consensus of the Commission the motion was passed to accept the Minutes of July 2, 1990. It reiterated his need for more detailed minutes, particularly when future action and/or decisions are involved. C/Ruzicka wanted to know if there were any other records of meetings to refer back to. AA/Fritzal said that audio tapes are kept for one (1) year. C/Ruzicka moved and C/Stitt seconded. With the consensus of the Commission the motion was passed to accept the Minutes of July 12, 1990. Minutes of C/Ruzicka moved and C/Stitt seconded. With the August 23, 1990: consensus of the Commission the motion was passed to accept the Minutes of August 23, 1990. September 13, 1990 Page 2 REPORTS: Oral report from VC/Nardella summarized that Walnut Recreation Advisory Valley Recreation (WVR) indicated they Board Committee: would prefer quarterly formal meetings, and see less formal monthly meetings, without mandatory attendance. WVR believes their responsibilities are limited to creating budgets and programs and since the WVR program is to be terminated, it is not necessary to meet on a regular basis. AA/Fritzal stated that this issue will be brought back before the Advisory Board Meeting to be voted on in October. As of now, it is believed the WVR's intended decision did not violate the true meaning of the JPA because there will still be monthly meetings. Council should be advised on the proposed change. VC/Nardella indicated he has no problem with less formal meetings as long as WVR remains responsive to informative requests. The meetings are a valuable avenue for the Commissioners. C/Whelan would like to see WVR make a presentation at the Commissioners Study Session upon receiving a request for information at the end of a formal meeting. He also suggested giving WVR a week leeway to gather information, to avoid a month interim between responses. VC/Nardella concurs, and adds the WVR meetings be attended under that authority, and if necessary, ask WVR to respond appropriately at the next meeting. Director/Janiel reminded the Commission that decisions have to be made th"rough the entire body of the Recreation Advisory Board and any action involving JPA has to go through that board. The Commission can continue to operate, gather information, have monthly meetings, and be able to take action on items with a quorum. VC/Nardella showed concern that a quorum would not be met if monthly meetings were not mandatory. A formal meeting should be requested on specific items. VC/Nardella also requests direction from staff as to what information the WVR should be asked to provide, and how responsive they will be. September 13, 1990 Page 3 C/Ruzicka stresses that all possible resource information concerning parks programs is'needed. He questions the ability of the Commission to run a parks program without important file information from WVR. AA/Fritzal stated discussions about "phasing in, phasing out,, programs will be on the next agenda. VC/Nardella notes a consensus among Commissioners for a need to continue to participate. VC/Nardella and C/Whelan will continue to attend meetings. VC/Nardella concludes it may be necessary to ask WVR what kind of resource information is available, and to bring a list of information to the next meeting. Heritage Park VC/Nardella reports about the outcome of the Update: Heritage Park preschool and notes that everything is moving well. Park Monitoring VC/Nardella reports on the Park Monitoring Budget Budget: in regard to the convergence to a Saturday program, and the dollar amount saved. Only Ronald Reagan Park will have a Saturday program. Chris Adams concluded in her preliminary cost analysis that an additional $2,500 will be needed after the convergence. VC/Nardella suggested to AA/Fritzal to make reference to the letter from Dr. Brown stating that the cost of adding a park is $10,000. Adams originally had stated the cost to be around $12,000. AA/Fritzal requests VC/Nardella's figures on the cost savings, using only Ronald Reagan Park. The figures will be included in the next meeting agenda along with the status of the Park Monitoring Budget. VC/Nardella stated that the Board did approve the reallocation of the monies within the budget to offset our Park Monitoring costs. No dollar amount was given. ORAL REPORT FROM Superintendent/Hensley reported that GTE is DON HENSLEY willing to put in a phone at Heritage Park on a PARK TEI.,EPHONES: trial basis for one year. GTE will maintain it, be responsible for collecting the monies and keep September 13, 1990 Page 4 it in operation. Diamond Bar will receive 15% of monies collected. Superintendent/Hensley requested the telephone be able to use 911 and call out only, as was his understanding of what the Commission requested. The Commission preferred this type of call blocking to discourage drug dealings. GTE wants a release from liability to be signed because there is no call back for 911 calls. Superintendent/Hensley noted the installation is being done at no cost to the City. The idea is to eventually do all the parks. VC/Nardella has directed staff to find out where the 15% of monies collected will go. He further directs staff to review the GTE agreement with the city attorney and return it to the Commission. CORRESPONDENCE: Letter to Mark Dali, Mad Dog The letter facilities was in regard to the use of City Tennis: has already for business activities. Chair/Nyal signed objections the letter and there were no noted except the "Committee" the letter word in should be changed to read "Commission". Letter to R.L. Winningham: The letter was in response to suggestions and concerns made to the Commission. Chair/Nyal signed the letter. There were no objections. INFORMATION ITEMS: "Understanding the Media" "A practical guide to assist Cities in dealing with their made. local news media". No comments were Update on Prop B. C/Stitt would like to know if the City or the L.A. County Safe Commission is to endorse the letter or is it Neighborhood Parks strictly information only. Act: Chair/Nyal responded that unless otherwise directed, take it as information only. Recreation All opportunities available to the City concerning Update: recreation services are being considered. AA/Fritzal announced contracting with the City of Walnut for recreation services is unavailable. She stated that City Manager Van Nort had a September 13, 1990 Page 5 conversation with Linda Holmes, City Manager of Walnut. Walnut does not want to provide Diamond Bar with recreation services. The Commissioners from Walnut felt both cities were very different in their needs and requirements for recreation. AA/Fritzal asked the Commissioners to write down their expectations for recreation programs and deliver them to her as soon as possible. She recommends the recreation programs start off on a small scale and slowly escalate. VC/Nardella is concerned about the loss of $130,000 out of the original budget (if the Day Care Program is not continued). However, the Day Care issue has not been resolved. AA/Fritzal explained to the Commissioners that by knowing their expectations in regards to recreation programs, she would then know whose services would best fulfill their needs. C/Whelan stated that at one of the JPA meetings, the Commission asked for a report on other communities recreation programs. The information would help in making decisions on which programs to consider implementing in the City. VC/Nardella directed staff to have the recreation report available at the next RAB meeting, which is prior to the next Commission meeting. AA/Fritzal stated that by October 1, 1990, she hopes to send a copy of her report (a complete analysis of all opportunities, including costs) to each Commissioner. On October 11, the Commission would then make a recommendation on which direction staff should follow. Negotiations will then begin. VC/Nardella wants to know if the Commission should assume the money from Proposition A and the $189,000 is available. This will be negotiated with the contractor and City Council. C/Whelan is concerned about the lack of monetary information to base decisions. AA/Fritzal states negotiation will be based on the Commissions Prioritized recommendations. September 13, 1990 Page 6 Joint Powers AA/Fritzal states the JPA is being reviewed at a Agreement: staff level. They have received JPA's from 6 cities. Pomona Unified School District looks very cooperative. Chair/Nyal would like to know when the County signs will be removed. Director/Janiel assures the Commission that the signs will be replaced at the parks and the entrances to the city. Chair/Nyal wants the Commission to be part of the beautify cation of the City. Director/Janiel informs Chair/Nyal that normally there is a beautification committee that would handle these issues. ADJOURNMENT: With no further comments, adjourned at 8:15 p.m. Attest��� airman the meeting was Elizabeth Myers / Data Forms Management AA/Fritzal states that a JPA will be brought back to the Commission for input before anything is signed. Roles and Resources: VC/Nardella questions the functions of the Commis - sion and the staff resources that are available to enable them to make decisions. He further asks for a special meeting be held to formally lay out their directives and the means to accomplish them. Survey Form: AA/Fritzal informed the Commission that the Parks and Recreation Needs Survey will be in the Windmill, the Highlander and in the Chamber of Commerce newsletter. The Commissioners are asked to help disperse the Survey throughout the community. COMMISSIONER COMMENTS: Chair/Nyal asks if the moratorium is over at Peterson Park. Director/Janiel says there is no lifting of the moratorium. Chair/Nyal would like to know when the County signs will be removed. Director/Janiel assures the Commission that the signs will be replaced at the parks and the entrances to the city. Chair/Nyal wants the Commission to be part of the beautify cation of the City. Director/Janiel informs Chair/Nyal that normally there is a beautification committee that would handle these issues. ADJOURNMENT: With no further comments, adjourned at 8:15 p.m. Attest��� airman the meeting was Elizabeth Myers / Data Forms Management CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION SEPTEMBER 24, 1990 CALL TO ORDER: Chairman Schey called the meeting to order at 7:00 p.m. in the Walnut Valley School District Board Meeting Room, 880 South Lemon Street, Walnut, California. PLEDGE OF The audience was led in the Pledge of Allegiance ALLEGIANCE: by Vice Chairman Harmony. ROLL CALL: Commissioner Grothe, Commissioner Lin, Commissioner MacBride, Vice Chairman Harmony, and Chairman Schey. MATTERS FROM THE AUDIENCE: CONSENT CALENDAR: Also present were Assistant City Engineer Jack Istek, Interim Planning Director Irwin Kaplan, Planning Director James DeStefano, Associate Planning Director Robert Searcy, and Secretary (contract) Liz Myers. There were none. No items appear. PUBLIC. HEARING ITEMS: (cont. from Sept. Chair/Schey asks for a staff report. 10) Tentative tract 47722 and Conditional Use James DeStefano, Planning Director, provides the Commission with Permit./Oak Tree a request for continuance until an appropriate meeting date. Staff has 89-338 met twice with the Consultant since the last hearing. They are in the process of preparing additional material for the continued hearing. In anticipation of a continuance, the staff has deferred mailing out notices to the neighbors, as requested by the Commission, until notification of the next hearing date. It is recommended the Commission take advantage of the continued hearing to discuss concerns to be addressed in the EIR arising from the Hillside Symposium. The applicants request for a continuance was not in writing. Don King, representative of Frank Piermarini, residing at 1254 Berrying St., Claremont, requested a continuance, to give both staff and applicant more time to prepare. Chair/Schey asked staff to outline the items to be discussed. James DeStefano gave the Commission some concerns to be discussed. They include ways to reduce grading, the length of time the earth movers will I September 24, 1990 Page 2 be required, the absence of response from important agencies to needed documents, and the questioning of a record of the change in site, in reference to the Blue Line Stream. Don King states one item staff felt to be important was the visual analysis identifying the characteristics of the site when viewed from a distances. This will require, from the applicant, an additional photo survey and a verbal analysis of what the changes would be subsequent to the development. In answer to the concern of records kept, in an event of a change, Don King responds their intent to replace the page completely, date it, and copy it on different colored paper whenever there is an addition or text change in the EIR. Irwin Kaplan, Interim Planning Director, states one of the issues implied was to come up with a plan with minimal grading and some visual protection of the ridgeline. C/Grothe wants the whole project to fall into conformity with The Country. The general feeling, received from the General Plan Committee, was to develop separate design guidelines and general plans for residential and rural residential. Chair/Schey stated the September 21, addressed grading: 1. Land form grading - forms on manufactured 2. Construction methods path 3 Hillside Seminar, on methods of minimizing recreate more natural slopes. - minimize size of the Architectural designs - minimizes the visual impact of the home against the hillside. i Chair/Schey would like the applicant to follow the aforementioned guidelines. C/Grothe pointed out the Commission unofficially adopted oak tree replacement standards, and would like to verify the requirements. James DeStefano states the requirement is a 2 to 1 ratio with 15 gallon or 24" box replacement. The applicant has offered a 3 to 1 ratio with 24" boxes. In replacing the trees, it is proposed to use a variety of trees in both sizes and types. VC/Harmony is concerned about the elevation differentials, the notification of the gas company, the size of the grading, and the visual September 24, 3.990 Page 3 impact of the project. He also wanted to know what steps the applicant will take to prevent the negative effects of the earthmovers. VC/Harmony noticed the Piermarini development at the front gate at Grand Ave. appears dense, and is concerned with the concept of permeability. He also indi- cated the need for contour maps. Irwin Kaplan concurred the present maps are indistinguishable and requested applicant for easier to read maps. He suggested to the Commission to consider a single standard for all streets, allowing for future developments. Chair/Schey felt it shows prudence in keeping the good faith with the maintenance of the street in the future. He agreed the single street standards are an appropriate condition of approval. C/Lin requested a report from the applicant on which trees will be replaced in order to project future appearance. C/Grothe stated, in his opinion, the Diamond Bar Boulevard entrance development to The Country, is detrimental to the Community because of its, density. He felt the City may need separate codes for individual tract homes. Chair/Schey questioned how to reconcile the review for the creation of similar projects in the future. He stated the City is operating under the old County codes no longer appropriate, and uncomfortable preceding with the project in the Hillside without standards to develop continuity. Chair/Schey asked staff how the Commission can proceed with the creation of the developmental code. Irwin Kaplan, in response to Chair/Schey, stated there are several ways to proceed: 1. Condition Use Permit 2. Deny the applicant 3 D eve -Lop an Interim Ordinance 4. Develop a Permanent Ordinance Irwin Kaplan suggested to the Commission to institute a code under an interim bases thereby giving the needed time to later tailor a Permanent Ordinance to Diamond Bars' needs. C/MacBride wanted to pursue the Interim Ordinance because it creates a sense of discipline. September 24, 1990 Page 4 Chair/Schey understands the Interim Ordinance deals with the hillside development, in this case The Country, and wouldn't impact the City in general. C/Grothe thought the people working on the General Plan Committee were very distinctive on having a separation of residential and rural areas. He felt The Country is nice but out of the price level for most people, and he is not sure, very large estate homes, is totally Diamond Bar. He recommended building to the varying levels of economics and suggests two (2) distinctive plans in the Interim Ordinances. Irwin Kaplan reminded the Commission the objective of the Interim Ordinance is to do it quickly and buy time for the Commissioners to tailor the Ordinance at a future date to various projects. Chair/Schey asked staff the length of time needed to draft an Interim Ordinance. Irwin Kaplan responded any tailoring of the Ordinance is more difficult, therefore longer, but will bring something for consideration quickly. Irwin Kaplan then informed the Commission that though we have a task policy not to issue permits without a plan reviewed by the Commission, it is not an explicit policy. He stated grading permits could be issued without having any plans for development and suggest the policy be written explicitly. There being no one wishing to speak further, the Chairman closed the public hearing. Motioni was made by VC/Harmony, seconded by Chair/Schey and CARRIED UNANIMOUSLY to continue, with the concurrence of the applicant, till the next regular Planning Commission hearing on October 8, 1990. Chair/Schey noted the issues, the Commissioners seem to concur on, for the Interim Ordinance: 1. minimize grading 2. minimize path sizes 3. utilize grading techniques 4. utilize construction methods 5. utilize architectural designs compatible with the hillside 6. utilize landscape plans that approximate nature September 24, 1990 Page 5 7. no grading permit issued without a company development permit properly approved 8. single street standards without regard to public or private status 9. erosion control methods will be made a part of the plan approval 10. the plan be subject to an aesthetic review to include any man made structures 11. to include any item staff may include Motion was made by VC/Harmony, seconded by C/MacBride and CARRIED UNANIMOUSLY to make a recommendation to the City Council that the City adopt an Interim Ordinance controlling the development of the Hillside areas and incorporating the certain issues identified earlier. INFORMATION ITEMS: Tentative Public Chair/Schey asked for the staff report. Hearing Dates for Tentative Tracts James DeStefano reported the staff has tentatively 47850,47851,48487, outlined the schedule of events leading up to and 45290 for a public hearing review. These include Proposed creation of the SEATAC to review significant the Subdivisions. ecological concerns existing where the projects are proposed; the change in the November 19, 1990 hearing date to November 26, 1990; and a companion memo from Mr. Kaplan to discuss the components of the SEATAC. Rob Searcy, Associate Planning Director, in response to Chair/Schey, identifies the tracts: 47850, 47851,and 48487 to be a total of 120 units adjacent to The Country including a remnant tract located in the same EIR; and 45290 to be a total of 28 units, to include the Arsearo, Marlborough, Burn Hallows and Autumn Glow projects. Significant Ecological Area Irwin Kaplan summarized the SEATAC. He stated the SEA (Significant Technical Advisory Ecological Area) existing in Diamond Bar, is the Committee (SEATAC), Citys responsibility and requires a SEATAC review in conjunction with a development application. The recommendations delivered by the SEATAC, serve as advisory elements to the Planning Commission. There is no formula for the composition of a SEATAC, therefore we need to develop our own mechanism. The County has designated the Tonner Canyon/Chino Hills an SEA area. As of now, there is a proposal for the development of 120 dwelling units on 160 acres in Tonner Canyon. Mr. Kaplan has been assembling names of technical experts in various disciplines which relate to the ecology of Tonner Canyon. He September 24, 1990 Page 6 asked, of the Commission, suggestions of people who might serve on SEATAC, and felt a 5 person committee would provide an appropriate range of talent. ANNOUNCEMENTS: There were none. ADJOURNMENT: Motion was made by Vice Chairman Harmon ed by Commissioner MacBride and CARRIED UNANIMOUSLYtoadjourn the meeting at 8:25 p.m. vid Schey At est: Chairman Ja s DeStefa o Secretary/Pla ning Commission October 8,, 1990 Page 2 Dan Buffington, 2605 Indian Creek, asked if the item under New Business (Interim Development Control Ordinance Draft) included the Hillside Development. The Commission informed him it was included. PUBLIC HEARING ITEMS: Tentative Tract 47722 and CUP/OT Chair/Schey asked for the staff report. 89-338: James DeStefano stated the project before the Commission is an application by Piermarini Enterprises, Inc. to subdivide a 19 acre site into 16 residential lots. He explained a Conditional Use Permit is required for the Hillside Management Review because the bulk of the site exceeds a 25% slope ratio, and an Oak Tree Permit is required, because of the removal of approximately ten Oak trees. He included the Environmental Impact Report for the Commissions review. He stated, at the request of the Planning Commission, new notices of the public hearing was mailed, to approximately 130 property owners of record surrounding the proposed development site, October 4, 1990. on James DeStefano summarized the staff report to the Commission: 1. Lot Size - The zoning for the project is R-1-10,000 and the Community Plan designation is for non -urban residential (one unit or less per acre). There are 16 lots on 19 acres which translates to 1.18 acres per lot, and the lots range in actual size from .42 acres to 2.51 acres. All lots comply with the Community Plan when lot averages are calculated but, in the opinion of the staff, this practice is not a favorable method of achieving the intent of the non -urban designation. 2. Density/Grading - The density of the hillside development has a direct impact on the quantity of grading required. This particular project has a remedi4l grading of 80,000 cubic yards necessary regardless of the number of units proposed on the site. The project is proposing 16 units, which will require a grading of 204,000 cubic yards of dirt. The current ordinance requires a low density threshold calculation for the development in non urban hillside management areas and the Community Plan establishes the maximum permitted density. When using the low density threshold calculation, the low density threshold equates to 2.35 units on 19 acres. 3. Roadways - There is a cul-de-sac proposed, extending 1620 feet from the intersection with Derringer Lane to the terminus of Lane "Bit (excluding the primary access service road serving lots 5 and 6). The site plan indicates slopes of October 8, 1990 Page 3 UP to 150. Driveways have pavement widths which varies from 16 feet to 20 feet. The parcels with driveway access have the required frontage on the main road, but not the driveway access needed because of grade differences between the road and the building pad. 4. Oak Trees - The existing ordinance requires 2 oak trees be replaced for every one oak tree removed. The Planning Commission has established an oak tree replacement policy that exceeds the minimum requirements. The 10 oak trees identified for removal would be replaced with 30 oak trees with 24" minimum box size. 5. EIR - DG King Associates has been retained by the applicant as its environmental consultant and the DEIR was prepared by them. The EIR assesses the potential physical environmental impacts associated with the proposed project. To initiate the environmental review process, the City staff prepared an initial study, which is a checklist establishing the technical focus of the DEIR. A notice of preparation was prepared to inform selected agencies of the project and to solicit their comments or concerns. Those comments have been incorporated and responded to within the EIR. A draft EIR has been prepared and submitted to the City for review and then a Notice of Completion, to indicate the availability of the DEIR, will be given to all the organizations and individuals who had previously requested it. The effect upon the environment must be taken into account when considering a specific development project. The California Environmental Quality Act, CEQA, states public agencies should not approve projects proposed if there are feasible alternatives or feasible mitigation measures that would lessen the significant effects upon the environment. If the City finds changes or alterations in the project are not feasible, or that the unavoidable signif}cant environmental effects are acceptable, there must be adequate evidence on the record to support such a finding. The Government Code Section 66474 requires the denial of a tentative map by the Planning Commission when the design of the sub -division or its improvements are likely to cause substantial environmental damage. 6. Video - Helicopter ride around the City to view the development in the immediate area as heading toward the site. The helicopter flew over the site, then swung around and returned in another direction, enabling a front on view, matching the model. 7. Background - The site consists of hilly terrain. A slope analysis indicates 6.17 acres are located on slopes of 0 - 25%, 10.54 acres are found on October 8, 1990 Page 4 slopes of 25-50%, and 2.38 acres exceed a 50% slope. A 30" Southern California Gas Company high pressure gas line traverses the southern portion of the site. The applicant is proposing a subdivision of 16 lots which will range in size from 18,400 sq. ft. to 109,400 sq. ft. of lot area. Pad areas range in size from 8,300 to 20,900 sq. ft. The dwelling units planned for the pads would range from 5,000 to 10,000 sq. ft. in size. 8. Discussion - Grading plans indicate a balanced cut and fill of the site. No import of material will be required. Export of some material is expected to grub the site of natural grasses and various trees. It is expected that grading utilizing earthmovers will require 11 to 45 days to conclude grading activities and the noise and dust associated with such activity may be affected by conditions such as weather and hours of operation. Grading plans indicate the maximum height for cut slopes is 80 feet and the maximum depth of the fill is 95 feet. Slopes throughout the project site will have a variable slope ratios of from 1 to 4 for crib walls proposed to 2 to 1 (2 feet of horizontal space is required for each 1 foot in vertical height). Adjacent to these slopes will be the flat building pads which will be developed for the construction of the residents. Access to this site will be via Derringer Lane and construction workers will commute daily. The applicant has not identified where the construction vehicles will park and remain during non -working hours. The staff has reviewed the developer's DEIR, including several dozen revised pages of maps, charts, and the latest text received October 2, 1990. As a result of the review, staff maintained a high level of concern regarding the adequacy of the DEIR. Staff felt the DEIR does not appropriately address the inconsistency between the proposed project and the Community Plan. Summation of the variety of goals within the Community Plan: 1. Maintain the rural setting of the community. 2. Minimizing the alteration of the natural terrain. 3. Minimizing the alteration of the natural hillside. 4. Preserving the major ridgeline. 5. Minimizing the adverse visual impacts. 6. Minimizing grading. 7. Protecting the visual quality of highly scenic areas. Staffs review of the DEIR: October 8, 1990 Page 5 1. A complete review, of a "reasonable" alternative to the project, is lacking. It was requested, from the consultant, to have an analysis of alternative densities on the site to protect the ridgeline, reduce grading and come up with a development. The applicant was asked three different alternatives be examined: a 6 unit alternative; an 8 unit alternative; and two unit alternative. 2. The DEIR identifies several significant impacts and indicates the environmental effects can be reduced to a level of insignificance, but alternative project designs have not adequately been explored in terms of further reducing impacts associated with the project. 3. The grading techniques, and the extent of the earth movement proposed, if approved, would establish a new precedent and policy for hillside development within the City. An examination, of such a policy and its impacts, should be explored in a cumulative environmental setting. The DEIR does not adequately explore the cumulative impacts of the proposed project. 4. The DEIR indicates the project will be a visual boon both to the occupants and the viewers from afar, with the proposed landscaping. The staff has found no evidence in the DEIR which supports this conclusion. 5. The determination of whether or not impacts are significant and adverse is an issue for Commission consideration. If the Commission determines there will be significant adverse impacts, then it must determine the benefits of the projects to the Community, outweigh the adverse impacts,and recommend to Council a Statement of Overriding Considerations be made by the City Council before approving the plan. James DeStefano concluded, since the application is for several discretionary permits, the Commission has several options: 1. Approve the project and impose conditions. 2. Deny the project. 3. Continue the matter until further information is provided. Staff emphasized policy, and not feasibility, is needed to dictate the form which development should take, and declared the proposed project: 1. Does not conform with the Community Plan. 2. Is fundamentally too intense for the site. 3. Inadequately mitigates the impacts of development. October 8, 1990 Page 6 4. Is inappropriate for its surroundings. 5. Results in an inferior site plan. James DeStefano recommended the Planning Commission direct the staff to prepare a resolution of Denial, without prejudice, and bring it back for the Commissions final consideration. Chair/Schey asked for clarification as to how the density, in averaging lot size, is determined within the Plan. Robert Searcy, Associate Planning Director, stated the Plan does not dictate an amount of specificity toward application, but the staff uses a lot by lot determination. C/MacBride asked if the County proceeded on an average concept, and was told, by Robert Searcy, that it did. Chair/Schey opened the hearing to the public and asked the applicant to make the presentation. Frank Piermarini, developer in Diamond Bar for 17 years, and resident for 16 years, stated the goal, for the 19 acre parcel, is to build the finest luxury homes that average 1.18 acres, ranging from 5,000 to 10,000 sq.ft, all individually designed, completely irrigated, and landscaped. Mr. Piermarini perceived the property as a liability with a potential fire hazard, slide area, and noise and erosion problems that is to be solved on the completion of the development. He stated the designs will fit within the guidelines of the Country and has tried to present to staff and the neighbors a good project. Don King, office located at 10722 Arrow Route Ste. 616, Rancho Cucamanga, addressed the topics of concern of the EIR: I 1. Grading a. Remedial grading of 80,000 cubic yards a safety reason to mitigate existing geological problems. b. Grading is to be done at once. C. The final grading plan is adjustable to any new City standards using CUP condition. 2. Road Grades a. Concerning the 15% grading, the County had granted a negative declaration in the original development and was also approved by the County Fire Department. 3. Gas Line a. The gas line is to be relocated. b. The Gas Company will approve the final October 8, 1990 Page 7 layout, -design, and construction of the new line. C. The Gas Company will do the hookup and the disconnecting. d. The safety requirements are stingingly enforced by the Gas Company and they assume all liability. 4. Question of the Intermittent Blue Line Stream a. The original review showed there was a Possibility the development encroached on a Blue Line Stream. b. The actual scale and the topographic analysis later showed the two Intermittent Blue Line Stream were not on the subject site. C. The applicant is waiting for a response from the California Fish and Game, and assume no response is a silent agreement. 5. Crib walls retaining the creation of new slopes a. The tallest section of crib wall is 28 feet and would move horizontally 4 feet, therefore fitting comfortably in the 50 feet of the highest section of the crib wall. b. The walls are not solid and will be covered with landscaping. 6. Proposed Landscaping a. Replacement trees will be provided by City standards. b. The site is now barren, and is a fire hazard, without visual amenity. C. The new landscaping is proposed to cover the entire site and the applicant will assume responsibility in maintaining the landscaping. d. There will be a variety of trees and tree sizes proposed in a conceptual landscape plan. e. The landscaping must meet the Country standards. 7. Buffering and Privacy a. The applicant met with the adjacent neighbors a� a neighborhood meeting and offered to plant trees where buffering is needed - on neighbors property if necessary. b. There will be trees and bushes planted to screen and assure privacy of neighbors. 8. Viewshed and Visibility: Aesthetics a. The applicant has provided a scale model to fully show what the proposal will look like. b. There is a complete photographic survey showing the existing site from both near and far. 9. Ridgelines a. The photographic survey shows the current ridgeline as barren of trees. b A new ridgeline would be created by the October 8, 1990 Page 8 crowns of new trees, included in the development. The grading and new slopes would blend into the background because it would be green rather than light tan as now exists in the summer. 10. Environmental Review a. Originally the project had been reviewed by the County and they found no significant impacts and granted a negative declaration. The City is not sure of the analysis done by the County and a Focused EIR was requested. The Focused EIR (one of 8 units and one of 6 units) was prepared following the requirements of the CEQA. No significant impacts on the environment were found to occur should the project be built as proposed. b. The FEIR is by law only an informational document which identifies what would likely occur if the project were built as proposed. By law, an FEIR cannot assume an advocacy position. C. The suggestion that the Commission cannot certify the FEIR, or approve the proposed project without making findings or overriding concern, is leading since the Commission has not yet determined whether a significant impact would occur. Significant impact is properly defined by the CEQA. d. Certification of the EIR, merely acknowledges the City followed the rules of CEQA in preparation of the FEIR. It does not acknowledge anything else. The proposed project may still be approved or denied whether there are environmental impacts or not. Don King, finished with his prepared response, continued with answers to some of the questions raised by the staff report. , 1. Density and Grading a. There is an exception on the site because the remedial grading is not a safe set of ground, and should be done regardless. b. The relocation of the gas line involves grading. C. The statement, "With a density approving the low-density threshold, the quantity of required grading can be projected to decrease accordingly.", is not supported by the data in the EIR. 2. Roadways a. The roads and the gradient proposed are consistent with the County codes. u wyC.r 0, L V V U Page 9 3. Oak Trees a. The applicant has proposed to meet the City standards and, as stated, there would be additional landscaping. b. Long term maintenance is negotiable with the City and the applicant or as authorized by the City. 4. Landscaping a. The landscaping plan was submitted and had been changed to meet the Country standards. Don King discussed the report of the EIR: 1. In regards to the statement, " Disagreement among experts does not make an EIR adequate.", he added, "nor inadequate". The question of adequacy deals with the amount of information available to make an adequate decision. 2. The applicant had replaced supplemental and revised pages of the EIR, instead of placing them in the appendix of the EIR, in hopes of creating less confusement. 3. The lots are larger then the minimum required in the Community Plan. 4. The General Plan Policy to maintain the original landscaping is inconsistent to the proposal because the applicant will put in landscaping where there is none now. 5. The remedial grading requires extensive cuts altering the terrain and the ridgeline. The question to be determined is: is it consistent to the General Plan to put the soil back to its original state, or put the soil back in a manner allowing development. 6. The site is not a visual amenity. 7. As an alternative, 2 units are not reasonable to build because of the amount of grading required. Remedial grading is necessary regardless of what is developed. 8. The DEIR would set precedent on this site and any site that has the problems to the extent of this site. The land is without much use other than housing. 9. The consultant does not have the technology to do computer graphics on houses not designed and add them to the site for identification. Frank Piermarini summarized his development will stop the hazards existing on the land and will develop the land into a beautiful site. He asked the Commission to approve the project. Chair/Schey adjourned the meeting for a recess at 8:45 p.m. and called the meeting to order at 8:53 p.m. October 8, 1990 Page 10 Chair/Schey declared the Public Hearing open to the audience in favor of the project. John Pringle, attorney for the Diamond Bar Country Estates Association, stated the board of directors basically supported the development and has reached a tentative agreement, with Mr. Piermarini, concerning the access issues through the Country. Dan Buffington, 2605 Indian Creek, stated as a point of clarification referring to the General Plan, density is to be an average. Alan Kinder, 1800 Derringer, commended Mr. Piermarini and approves of the development of 16 homes. Al LaPeter, 23955 Ridgeline, felt the property is a tremendous fire hazard and very unsightly. Lorraine Repucci, resident of Diamond Bar, commended Mr. Piermarini on his developments and attentiveness to his projects. Those in opposition to the project. Pat Brashere, 13 year resident at 23497 Coyote Springs Drive, felt the project will obstruct view of homes, and will be an eyesore from the freeway. He believed the Country was to be open and rolling, not condensed. Tom Kraver, 1678 Bronsnell Rd., is totally opposed to the development of the 16 units in the area and would like to preserve the land for the existing wildlife. Steve Campbell, 23485 E. Coyote Springs Dr., commended Mr. Piermarinis developments but is concerned with the nature of setting a precedent. He questioned if future builders would do similar quality work. Suzanne Paine, 23494 Coyote Springs, was against the crib wall and was concerned with the environment and the wildlife. Claudia Huff, 1640 Fire Hallow, noted the applicant never mentioned the alternative of leaving the land as it is. She felt the 16 unit development is obscene and would like the area left alone for the wildlife. Debbie O'Donnell, 23550 Coyote Springs, stated her home will get the run off during the rainy season and is concerned about the safety of relocating the gas line. Bob Huff, 1640 Fire Hallow, felt Mr. Piermarini would do a good job of development but felt the City should October 8, 1990 Page 11 avoid overdevelopment. Toni Lewis, 1504 Hallow Bluff, stated if prior decisions could be overturned within the General Plan, then it would make guidelines difficult. Chair/Schey asked for the Commissioners comments. VC/Harmony was concerned with the safety of the 15% grade. Ron Kranzer, City Engineer, stated 15% is an acceptable standard on hillside developments but would try to keep it less if achievable. VC/Harmony was concerned with the 3 lots serviced by a driveway with substandard roads, including the road traversing down the hill. He doubted the ability of the Fire Department to have sufficient access to the properties. Don King responded the drive below the hill was intended to reduce the grading. He stated the engineer could eliminate the drive because those lots do have access on the cul-de-sacs that meet the City standards. Al Dayton, representative of Piermarini Ent., stated the drive is necessary for access to the gas line, regardless of the accessibility of the homes. VC/Harmony was uncomfortable with the mass of development occurring on very steep roads, small lots and the safety regarding fire protection. Al Dayton stated the plan was approved by the Fire Department and a negative declaration was obtained from the County. He explained the cul-de-sac street is acceptable for accessibility because it has a turn around for the Fire Trucks. VC/Harmony inquired as to how tall the crib wall, on the west edge, will be above the existing grade. Al Dayton stated the wall is 18 feet high, however 12 feet of the crib wall will be below the grade adjacent to the existing houses, and will not be visible. VC/Harmony ascertained the development will create a negative visual impact to the hillside and may not meet SEQA requirements. VC/Harmony asked the applicant if a plan was submitted during the grading phase, that would mitigate any storm runoff. Al Dayton stated an erosion control plan would be October 8, 1990 Page 12 developed at the same time as the final grading plan. Ron Kranzer explained the City has strict guidelines on erosion maintenance and the developer is responsible to maintain any erosion control devices. C/MacBride asked the location of the reconstitution of the major line of unstable land. Don King responded it would be exactly where it is now in horizontal alignment and it would merely be a change in vertical alignment consistent with the grading. C/MacBride requested James DeStefanos viewpoint of the video. James DeStefano noted the hills are steeper than visualized on the map, and he saw much more trees on the site that may be affected by the grading. Chair/Schey is concerned about the excessive grading necessary to develop the proposed site, and felt the overall density is too great, given the restraints on it. He is not convinced the grading required would not be lessen, if less homes are built on the site. He stated the impacts, of this development, are almost entirely going to be felt by residents outside the Country, therefore what they allow is irrelevant to the case. He concluded, there is too much development, in this site in this particular circumstance. VC/Harmony summarized the project is out of character with the Community plan. C/MacBride perceived Diamond Bar to want to limit development to reflect the feeling of country living. Chair/Schey declared the Public Hearing closed. C/Lin suggested developing guidelines for a compromise between the applicant and the neighbors. She had no objections to developing the land but had reservations to the number of lots planned. Motion made by VC/Harmony, seconded by C/MacBride and CARRIED UNANIMOUSLY to direct staff to prepare, for the next available meeting, resolutions denying, without prejudice, the Oak Tree, CUP, the Tentative Tract, and making an appropriate finding of the EIR. Draft Sign Chair/Schey asked for the staff report. Ordinance: Larry Weissman, Contract Planner, stated the purpose of the discussion is to describe the goals, the structure and the rationale of the draft sign program. October 8, 1990 Page 13 1. The Goals of the Ordinance: a. To encourage use of modest signs with due regards for the needs of the business community. b. To ensure sign permit applications receive an appropriate level of review. C. To bring existing signs, as much as is practical, into compliance with any regulations which is ultimately adopted. He stated the draft ordinance seeks to achieve these goals through the application of design and locational standards, in the system sign categories, which determines the level of review required for various signs. The draft ordinance includes: 1. Provisions for the maximum size area and heights, which reflect the minimum height necessary, for effective communication of messages,including provisions for special circumstances, which may justify exceeding the proposed maximum. 2. Locational standards to minimize impacts in commercial and residential areas. 3. The creation of four (4) sign groups: a. Planned Signs - for Planning Commission Review b. Basic Signs - for staff review C. Exempt Signs - no permit required d. Prohibited Signs - not permitted in any zone 4. The prohibited signs will probably be given high priority in any sign abatement program. Examples of changes if the draft is adopted: 1. The 12 foot pole, and pylon sign located on Colima and Brea Canyon, and on Diamond Bar Blvd. by the freeway, would be prohibited. 2. Wall signs would be limited to a maximum area of 100 sq.ft. for business use. 3. Temporary signs, such as Commercial Real Estate signs, and Subdivision sale signs, would be reduced in size. The staff has reviewed the comments made by the Commission, on the hearing of September 24, 1990, and the comments on the survey. Some additions have been made to the ordinance reflecting those comments. The draft, in its current form, has also been mailed to approximately 60 groups for their statement. It is recommended, the Commission direct staff to make revisions, and prepare the draft sign ordinance for clarification, by the City Attorney, for future recommendations to City Council. October 8, 1990 Page 14 Chair/Schey asked the Commission for any questions to the staff. VC/Harmony indicated the 4 feet restriction on the monument signs to be small and would like a compromise to increase it. He realized the pole signs have been prohibited but would like to know if there is a mechanism, through the CUP, to allow for special circumstances. James DeStefano informed the Commission there are twc ways to permit special circumstances: 1. Put in a revision stating any sign above "x" feet requires a Conditional Use Permit. 2. Leave the Ordinance as drafted, and a sign above "x" feet, needs approval of a variance. He stated either case would have to be substantiated. Bill Curley, City Attorney, elaborated the CUP gives more flexibility in the applicants rationale for a special circumstance, whereas, a variance gives the applicant a higher standard to overcome and must have certain discreet characteristics justifying the change. He explained the State General Planning Law provides four (4) discreet criteria for a variance, without exceptions, and are reflected in the County Code. VC/Harmony stated if the Commission does not mention the CUP, then the variance automatically becomes adopted. Chair/Schey summarized, if the Commission left pole signs as a prohibited sign, then by statute, the applicant would have the ability to ask for a variance. VC/Harmony would like staff to elaborate on the Commercial and Real Estate signs. Larry Weissman explained the Construction and Commercial Real Estate sign have been increased to an area of 24 sq. ft. feet and the height to 6 feet, a change from 16 sq.ft. and 4 feet in height. C/MacBride asked if the Commercial and Real Estate signs were one of the concerns of the Chamber of Commerce. Staff felt the Chamber of Commerce would find the present requirements adequate. C/MacBride inquired as to their concerns on banners, flags, and pennants. Larry Weissman stated the present code prohibits banners, flags, and pennants, including portable signs October 8, 1990 Page 15 and balloons, whereas the survey from the Chambers indicated the respondents would like to use them on a temporary basis for special events. Chair/Schey open the Public Hearing to the audience. Jeff Nickle, with the Trammell Crow Company, at 18500 E. Gale, City of Industry, which acquired the building at 1370 Valley Vista, in Gateway Corporate Center, from the original developer. He would like to bring to the Commissions attention some of the elements of the signage program he felt can be architecturally compatible with the Community and also serve a legitimate commercial purpose. He urged the Commission to allow nonconforming signs to exist at a minimum until the current tenant leaves the City. In regards to Real Estate sign, he felt the signs should vary in size in accordance to the size of the project. In his opinion, a permanently mounted sign, with lanscaping at its base, is very attractive. In conclusion, he urged the Commission to retain the flexibility, in the consideration of the ordinance, in allowing non- conforming signs with special circumstances. Don Nardella, 22344 Coyote Springs, representing the Chamber of Commerce, questioned if it is appropriate for the Planning Commission to review window signs. He questioned what a special flag is. He stated there is a lot of desire among the business Community to see the draft, and pointed out merchants are very concerned with the phasing in of the plan. He would like to see provisions for temporary lighting for holidays and other special events. He noted, for Commercial space, the Commission should make some consideration for the size of the development in relationship to the size of the sign. James DeStefano concluded the purpose of the hearing is to acquire the various ideas and develop them into a real ordinance. Chair/Scheyldeclared the Public Hearing closed and asked for the Commissioners comments. VC/Harmony, in response to Mr. Nardella comments, indicated there needs to be some provision directing window signs. However, he believed the 25% allowed presently does not give adequate consideration for special events, or well executed window signs. He asked staff for the definition of special flags. Larry Weissman stated special flags indicate the difference between the permits obtained by the Planned Sign program and those obtained through the Exempt Signs. Flags up to 6 feet in height, within the given October 8, 1990 Page 16 size area, are Exempt Signs, and those above that go to the Planned Sign category. The ordinance does allow for any governmental flags, national flags and governmental agency type flags within the height restrictions of the zone area. Chair/Schey asked staff if they need to put the draft in a more conventional ordinance form before taking it to a formalized Public Hearing. James DeStefano recommended staff send a follow up letter stating the Planning Commission has given direction to develop the ordinance and staff is available for any discussion about tonights meeting. Staff will then redistribute the draft ordinance, leading up to a Public Hearing, to further discuss its merits. He stated staff could put the draft in a more conventional form by the first meeting in November. VC/Harmony preferred the Commission state the changes to the ordinance, before staff is directed to put the ordinance in a formal format. The Commission directed staff to amend: 1. Monument Signs - allowed to go to a maximum height of 6 feet, with no more than 4 feet being a sign copy. 2. Window Signs - an additional % put on top of the present 25% for holidays. Chair/Schey directed staff to place the structure in an ordinance format and bring it back to the Commission for hearing the second meeting in November. He requested staff, in the mean time, send the follow up letter and subsequently distributing the draft ordinance. NEW BUSINESS: Interim Development Staff stated the Council, during the Study Workshop Session, had Control Ordinance agreed the Commission go forth and develop an ordinance. Staff has put together Draft: a variety of excerpts from 9 different ordinances. The draft, before the Commission, has many flaws, but it represents the direction to declare policy, establish the specifics to be given developers, and the direction as to the occurrence of development on the hillside, at least for the interim. Once the document is polished, it will represent greatly, the direction of hillside development. The draft has not been reviewed by Mr. Kranzer, nor by other departments or operations that may be effected by it. It is staffs intent to get this to City Council next Tuesdays meeting. by October 8, 1990 Page 17 Bill Curley informed the Commission the Interim Ordinance is a two (2) step process: 1. It takes effect immediately after adoption, and will run for 45 days. During that period, staff commences or finishes the final product and thirty five days into it, a report must be prepared publicly discussing where they are at in the process. Generally the report is short. If the final product is completed, it is adopted through the normal process, if not, the second step is adopted. 2. It takes it on for another 10 1/2 months. At the end of that time, another analysis is given and is extended it for another year. Bill Curley stated, if in the first 45 days, the report finds what was adopted in the Interim is unmanageable, it can be dropped and the process begins again. Motion made by C/MacBride and seconded by VC/Harmony and CARRIED UNANIMOUSLY for support from the City Council to adopt the Emergency Interim Ordinance, in its polished state, and the Commissions expression for the need of such an ordinance. Ron Kranzer wondered how the draft applied, to the ridgetop development, in the Country. For those asking for a permit or a site plan now prohibited, but not contrary to the way the Country has already been developed, would have a Catch 22 situation. James DeStefano stated there is a provision allowing for existing single unit lots to proceed. ANNOUNCEMENTS: James DeStefano stated November 12, 1990 is a holiday and November 13, 1990 is a special meeting, thereby restricting the Planning Commissions meeting for the Public Hearing. C/MacBride suggested meeting November 9, 1990 at City Hall. James DeStefano suggested having the scheduled meeting of November 26, 1990, and staff will have the Commissioners packets ready by November 16, 1990 in order to concentrate the efforts in one meeting. Chair/Schey stated the only issue that would carry over from the missed meeting is the cellular phone sell and the development code will be a discussion item. October 8, 1990 Page 18 James DeStefano concurred and included the development code should be subdivided into discussions, whereas, one evening would be of residential zones, and another evening about commercial zones. Chair/Schey stated to forgo the meeting of November 12, 1990 and meet November 26, 1990 and staff will have the packets available by November 16, 1990. VC/Harmony commends the Planning Director on the well written, informative, and intelligent memorandum of the Hillside Development. ADJOURNMENT: Motion was made by C/MacBride and seconded by VC/Harmony and CARRIED UNANIMOUSLY to adjourn the meeting at 12:05 a.m. Attest: JJW(es DeStef Secretary/Pl ing Commission David Schey Chairman / Al Dayton stated the plan was approved by the Fire Department and a negative declaration was obtained from the County. He explained the cul-de-sac street is acceptable for accessibility because it has a turn around for the Fire Trucks. VC/Harmony inquired as to how tall the crib wall, on the west edge, will be above the existing grade. Al Dayton stated the wall is 18 feet high, however 12 feet of the crib wall will be below the grade adjacent to the existing houses, and will not be visible. VC/Harmony ascertained the development will create a negative visual impact to the hillside and may not meet SEQA requirements. VC/Harmony asked the applicant if a plan was submitted during the grading phase, that would mitigate any storm runoff. Al Dayton stated an erosion control plan would be October 8, 1990 Page 12 developed at the same time as the final grading plan. Ron Kranzer explained the City has strict guidelines on erosion maintenance and the developer is responsible to maintain any erosion control devices. C/MacBride asked the location of the reconstitution of the major line of unstable land. Don King responded it would be exactly where it is now in horizontal alignment and it would merely be a change in vertical alignment consistent with the grading. C/MacBride requested James DeStefanos viewpoint of the video. James DeStefano noted the hills are steeper than visualized on the map, and he saw much more trees on the site that may be affected by the grading. Chair/Schey is concerned about the excessive grading necessary to develop the proposed site, and felt the overall density is too great, given the restraints on it. He is not convinced the grading required would not be lessen, if less homes are built on the site. He stated the impacts, of this development, are almost entirely going to be felt by residents outside the Country, therefore what they allow is irrelevant to the case. He concluded, there is too much development, in this site in this particular circumstance. VC/Harmony summarized the project is out of character with the Community plan. C/MacBride perceived Diamond Bar to want to limit development to reflect the feeling of country living. Chair/Schey declared the Public Hearing closed. C/Lin suggested developing guidelines for a compromise between they applicant and the neighbors. She had no objections to developing the land but had reservations to the number of lots planned. Motion made by VC/Harmony, seconded by C/MacBride and CARRIED UNANIMOUSLY to direct staff to prepare, for the next available meeting, resolutions denying, without prejudice, the Oak Tree, CUP, the Tentative Tract, and making an appropriate finding of the EIR. Draft Sign Chair/Schey asked for the staff report. ordinance: Larry Weissman, Contract Planner, stated the purpose of the discussion is to describe the goals, the structure and the rationale of the draft sign program. October 8, 1990 Page 13 1. The Goals of the ordinance: a. To encourage use of modest signs with due regards for the needs of the business community. b. To ensure sign permit applications receive an I N T E R O F F I C E M E M O R A N D U M TO: Councilmember Pap`e�n FROM: Linda G. Magnuson; Senior Accountant SUBJECT: Voucher Register, December 18, 1990 DATE: December 13, 1990 Attached is the Voucher Register dated December 18, 1990. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to it's entry on the Consent Calender. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated December 18, 1990 have been audited approved and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION 001 General Fund 138 LLAD #38 Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 225 Grand Av. Const Fd TOTAL ALL FUNDS APPROVED BY: Linda G. Ma on Senior Accountant AMOUNT 265,999.07 5,616.49 8,723.85 3,427.24 57.347.83 $341,114.48 Phyllis E. Papen Councilmember lnitY cf D i i m 0 n d ca. tx* RUN Tr IME- 16: Cu 12/ 11'5-) `i Q U ' H E R RESISTER �r.F+= i 0 U IF TnRU............. 17_/18i?vi VENDOR NAME ,`ZCi 1D z.. tt.,r �J T - Yi'. � � }.IJ � v L�irE: iFL. ,TR ., E,ii';; JJE T ,,, �"�JJLLL T'1l:,CYI r T -- L��71.1{ ------- -------- ------------ ----------- AMOUNT DVE -� ------ ----------- ------- 1444A-`� ti ?;„• E 1= i1 1=;1 �sl -d _ _ i�-iL'• ti'Ci?Cijaa Jnen -L;1� J v iD,,L E,:ENn::T-------- u.. -L� LAS 1J 7: al: i it T T PU54'lt'_� lCtil lli i:��� ..GC- 3' . T„T.� �,,LE IlEDZOIIR- I;;i;-lam i.0 iC.i:i'Ln ________;. Ld.:r:7!i� _.�,..a.. ....moi ! TOTAL DR--PAT-Z,! Ai” •T ----. i_5'"�..: TOTAL DUE ';EN-L,OlR-------- Diamor:d Bar£ O AGE 2 VC J C H E R RESISTER LN TIME: 16:24 12/13/90 3'CE T :RJ.............1211AI93 V -C nO IME VENDOR, iL'. 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CLE THRu.............12118170 ?F PREPAID } { VENDOR PiAar adE`dDCR IC. �i ACCO F°�C TX—'dC 'ATCri 'C.LI'MEING. ENTRYr` 'lE I?d'JCICE 1'�CR P'.iud AMOUNT_�------____Lr"-- n t; ACCOX L iJ�1] v=1 'J l.,r. uovmv In- Iv'A te_.:emut Tisst ICiA .<-[1157-12; `?i J 11 =: t_ J_ '-},._. 1 T`yy i Ifi. eqii '� c. iF'V J I'J i'li i8L"� _ � 1 4?1�-2ii'. 1 12 13" �+ 1: 4 112 18 A i.1218A !L. ''t ,_ii L'_R ________ tj -'S 1229. 73 1�+ 1 TiSvc lir c �n;ec I- c:. '7 12/i1 .211E u_. .. 253; L ''_ �. Public �z. -7p! 1r iL i11 8 tc'2263/ i'ru:1Cs-SL� ast2 ;,�9,i,L , r:inr:, TOTAL 2 t�* i}•,' �i alr!an RUN TIME: 16,24 1 113fq I, ,i 7i� Bar VOUCHER R6iSTEB DUE THRU..............�i.Cr4} QhLp VENDOR NAME VE:NEOR^, IB. PREPAID COUNT EBL3.1S— .r BAii.ri F,J. ; T,;, ljC. T,:.�B;; � r � , �.rG .Cltl ii J� C �.�3C�ip Tip .l F f $ ' i, .u�S rJLl `.T DATE _____________________ �---- •'=TAl. L D IJVDJ`,'!--------. _l... v.. T -i 'f L ., _ V Ni,_.. --------. r' nt ! ❑, j,7. ,. 7a. 3 G;7 r viIn ai s--Yi1—V "t' — '- l21 ` _3 12:_ / .7 ('�i�Y1 t:"I '�I'_ -I .Ci' t tJ ;7 ]J i �'+. YS { — s r1 Jr. "ri4ta� ._,. cc : TO'A GE a -------- ,.. LI i :;�'.iJi+La''2^u!�r.q ir!;,rCC re_t=rta�-:ictaher 5 liJi hi, c'%�� .EiwvGr. ________, n . Li.,uG.0 a City f Bi.aaond Bar # U Q � G H E P, h E B I. E R RLN TIME: 16:24 12/1?!9�) J T DL= THRJ.............12/iV90 #PREPAID +� { �e a 4F �DCR ID "xn V��luvR NAME '"J AMO T DA lr. r„ . I ..: u.: K : i 1J� I'iVu. AGCnin;T PRD:;.TR vG BATCH Pf` 1�r'!'?.------------ -------------------------------------------------- Lard.art `i ilcl�d 5212 i�:Ii=�:atJ L _____—__ r,. ,07 i.t��•, ','' FdJi pl'CW � 4{. J 41 _Ss)— ar.,c. -:� 1. -a u• — zra .tea . -♦ .._—_ -.. '. r, _. ML Park_,a 17 dt n TGTAL DUE 4'E;DuR --------. 12`n`.:5;1 }�+ City of iar }±s RUN TIME: 16;'L 12113/9n V G U C H E R DP, am and b E 6 I 5 T E R DUE TH$U............. 12118190 PACE ) VENDOR NAME VENDCR IC ❑ x � PREPPID i'�T PiiU TX_NG BAT � [i .. r d ' T F r!' Tia `T"_ r__,: C. .:� r t , D, uvu ,�'_UMT DA. E 1 P ' 1:. J -uv .t. lay. T' CPECK gid:_' L:.i 31 CK. La-uscau.e Mari r,.3 f'Le u.._3r'7 iGLJ_ ra _fly . 35,. C3G:" 3r r7_ a. LJi. rayl'Cii . .dal Vii} J31'�_• E __ _2_ LU - ]f1r I':%il"r�5 °.31/oi'_ Trans 1i •': ;'i 31,51'j.a;+ 1E1E:', TOTAL PREPAID AMn1UNT --- ---- P.T5,D— LQOR----_--_l,- - P. D i a,nnnd Bar #*f •'� FA E FA !A� '�[, 16'.24 !vj Ru' T! IE: 11MI 9: n iJ 't{4t R R E O i r t R DUE T;'RJ.............12 1419v VENDOR MOVE VENDOR I n o�7n� "+`;100:'�i r,T Ch F^ �_r. nn + rig-. r, i:r A-- -- ?--- ---- BATC! ,� Tu NO, ----- --- ---- - ENT- 'V'r''- ^ice ---- ---- I !----E 'E Lh T!;j'T ---------------------------'----------------- _ a.-_4 ir 4 t5 nu 7 171 _tac Ln . f _ 31-4 9 9 q _ . 7._. RI Cn_. i 1c, Lv. 111_. had: - LI it SAL ya'E 'r EIN, RUNTIME: 15:Z41t/13,9.) �#� C itp Ilf Di a�aod 5 ;%OUCHPR RESI57ER DUF T33J.............1?i1b/9 PhEE 9 VENDOR ;?HrE VENDCR iE. ACC LINT PROI.C. T X-` O BATCH NE,' =; ' _-- r - E;'J p!uU I+4uiC` # � PREPAID g f __________________,-_-__-____-__ -- uEEC iP?iu?! ' _______________________________________________..___ ffNUJN'T DAT _ E _ Re_cue R�et?r Res.�_Ec�t 1 Fin ?„rr., D'U Ear ESC^:== r'T:t' P1: 4E D :I,hhL ,.�'JE y. .r".i --------- {'14 Iii +;t f uia�d ?..sr *�+ R PA C iVt0yUCcRER RaEa5I5TEGE iv RUN TI "E: 1�:D4 l /i? +i1Jr -DUE THRU............. 1� ?r. * + PREPAID tEi'fDt're NAMEC1DoR r ��T� ACCOUNT PYA. °'G BHT�9 ?J.'LiiiE;NC. E,'iTRYi'J�t 'aNGE.............,P'i+J'1 --r----------` -�r, Dr"PH G''ti N CCJL, ..----------- a a cal. _ qrap srr i „•` is i r;LC I.r LI.V .{ . ' sur rr.y L'L • BUUILhOrfi Le. 'disc^ 4.27 t,j Ln li" .c1t 1$!il i'.+10 t_u Y-- TOT PL D'= VENTHR.------- 4ii,?' }{ Cicy of Biamo;d Bar RU's TIME. 15:24lz2,!l3t4t± Vt?UCHER REuISTER ➢UE TNRU[..81?� .............1''± P€5E 11 VEND.R NNE L"%R 13, A fl, LOUvT FR] .TI -`,Q RJEN P" l ENTRY/nil Hva1!t r. PREPAI3 .,r. LKi"'•" - T DATE- - +ll 1 h. num r:14:.:,R ________ y •�.� .� . Bau.eer Ea. Edise;; +138-4533-3135 3 11E1'8F Eiec-Dist ..38 r+9 ,14 '1 T,. r' ------- ' • IGI'A i'uG it Eh Oc,R -------- s4,K 1�. ------- lai0ul Val et' R°_;:^23t Cf,' V:.. _.''.?c 1435+"-�3i i lie _ l i..i 12 1 E.. :.__r-iiii-";ir'Ldl�ia'. J� 1,67 rf n TOTAL DLL lIiIonp-----------L'j +' eft Ci v ai Camond ���slsT�a p;: #x# Fanp 12) v�LIcNF>? RUFF TM: iu�U, ULA .... ,,,,,i2i'fEj°'3 Oryry iF �'p..nATD E it ' A � �: I �l L +u, ';rl n TIon nt��yr MOUNT , DA vl. cF. Y „n ;arrH uU LIN-iNU INT tnnl. ----------------------'----------- �iiT(`(ru1 -------------- ,,,.y�,�� trI•; 'M1la��� ,__� -• - � els_ 3: :I'=:=. � �.,, {i�=_ItLJv-217 �iii73` •_�__ -... :J _ s6" x,,:�. •a -q^ 7_'-. pr :a3J1c U-�_ '� 14, 1 j:r y LIN TIME 12/1;1 =) lit V i' 1 3 :3 Q it d 5 d T f t �=7 �0J�NED �iE6i5 TE F! i V D 5 U- i H R', f 0 R�PRi ;; P a 7 c t 0 U E THM .............12118/9 i 11 L 7 ,.RI r r . L aL 1 V' F15 P� L Cil G^ �t rT+, '4 ` TR Si r1�`l',. __�_�___ f.'J 4c. --------------------- _________________________________________________ Y -- LL iD y i� -------- ------------ . ALL FUNI ILL L ------------ ------------ ------------ ----------- 2`6._v, , ,-,