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HomeMy WebLinkAbout01/24/1995Cit / eol COU11Cl/ AGENDA Tuesday, January 24, 1995 6:00 P.M. General Plan Public Hearing South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Mayor Pro Tem Phyllis E. Papen Gary H. Werner Council Member Eileen R. Ansari Council Member Clair W. Harmony Council Member Gary G. Miller City Manager Terrence L. Belanger Interim City Attorney Michael Montgomery City Clerk Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. l f 111.1!1(111111.11; I Please refrain from smokin& eating or drinking " in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. Next Resolution No. 95-5 Next Ordinance No. 02(1995) 1. CALL TO ORDER: 6:00 P.M. January 24, 1995 PLEDGE OF ALLEGIANCE: Mayor Papen ROLL CALL: Council Members Ansari, Harmony, Miller, Mayor Pro Tem Werner and Mayor Papen 2. PUBLIC HEARING: 2.1 ADOPTION OF THE GENERAL PLAN: The General Plan is a statement of goals, objectives and strategies to guide the long-range physical development of the City. The plan is required by State law and determines the size, form and character of the City over the next 20 years. The City Council reviewed the Resource Management Element (RME) on January 16, 1995 and portions of the Public Services and Facilities Element. Recommended Action: It is recommended that the City Council complete its review of the Public Services and Facilities Element, receive a presentation from the staff on the Public Health and Safety Element (PHSE), reopen the public hearing, receive testimony, review the PHSE, and continue the public hearing. Requested by: Community Development Director 3. ANNOUNCEMENTS: 4. ADJOURNMENT: COUNCIL MEETING RULES OF CONDUCT The City Council meeting is the forum established to conduct the business of the City of Diamond Bar, its citizens, property owners, and businesses. The City Council has chosen to conduct its business meetings in a televised, open forum. This has been done to assure that all community members are kept informed as to the status of City business. It is the Council's objective to conclude the business stated on the evening's agenda by a reasonable hour, which is 11:00 p.m. To accomplish tonight's objectives, the City Council requests that: 1. Public comments may be directed to Consent Calendar items or matters of interest to the public, which are not on this evening's agenda. 2. Public comments on scheduled matters will be heard in conjunction with the respective agendized subject. 3. There are to be no personal attacks toward individual members of the City Council. Such comments are viewed as personal attacks against the entire City Council and will not be tolerated. 4. There are to be no personal attacks from an individual Council member. Such are viewed as personal attacks from the entire City Council, which are not conducive to a positive business meeting environment; and, will not be tolerated. The Diamond Bar City Council appreciates your cooperation. CITY OF DIAMOND BAR `1 AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: January 24, 1995 REPORT DATE: January 18, 1995 FROM: James DeStefano, Community Development Director TITLE: Adoption of the General Plan SUMMARY: The General Plan is a statement of goals, objectives and strategies to guide the long-range physical development of the City. The Plan is required by State law and determines the size, form and character of the City over the next 20 years. The City Council reviewed the Resource Management Element (RME) on January 16, 1995 and portions of the Public Services and Facilities Element. RECOMMENDATION: It is recommended that the City Council complete its review of the Public Services and Facilities Element, receive a presentation from the staff on the Public Health and Safety Element (PHSE), reopen the public hearing, receive testimony, review the PHSE and continue the public hearing. LIST OF ATTACHMENTS:X Staff Report _ Resolution(s) _ Ordinances(s) _ Agreement(s) Other EXTERNAL DISTRIBUTION: Library SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specification (on file in City Clerk's Office) 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? N/A 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: ALL REWE B Terrence L. Belanger- Frank sher es DeStefar_o City Manager Assistant City Manager Community Development Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: January 24, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Adoption of the General Plan ISSUE STATEMENT: State law requires the preparation and adoption of a comprehensive, long term General Plan for the physical development of all property within the City and any land outside its boundaries which bears relation to its planning. The Draft General Plan contains a statement of development policies and includes diagrams, tables, maps, and text setting forth goals, objectives and strategies. BACKGROUND: On January 9, 1995 the City Council began its examination of the General Plan. The Council has reviewed the Introduction, Vision Statement, Resource Management Element (RME), and has initiated its evaluation of the Public Services and Facilities Element (PSFE). The purpose of the January 24, 1995 continued public hearing is to conclude commentary on the PSFE and begin review of the Public Health and Safety Element (PHSE). Public Services and Facilities Element The Public Services and Facilities Element as described within Section VI of the General Plan seeks to coordinate land development and necessary public services with financial resources. A discussion of public services is found within several Elements of the General Plan. This Element focuses on further identifying needed City services and facilities, long range planning to provide funding, and coordination with various agencies. Public Services and Facilities policy issues include levels of existing services, development of community facilities and infrastructure, joint use of facilities, and financing. Please reference the Public Services and Facilities Element beginning on page VI -5. Please also refer to topic information contained within the Master Environmental Assessment ( Note baseline data in Sections II -C , D, H, I, J, K, L, M, N, O, P, Q, R, and S ), the Final Environmental Impact Report, and the Reference Material booklet. Public Health and Safety Element The Public Health and Safety Element combines the State mandated Noise and Safety Elements. The Element identifies and appraises noise problems within the community and forms the basis for land use 1 distribution. The PHSE as described within Section IV of the General Plan establishes policies and programs to protect the community from risks associated with seismic, geologic, flood and fire hazards. The Noise Element has been a required component of a General Plan since 1971. The Noise Element incorporates issues related the existing noise environment, sources of noise, and the impacts of noise upon residents, The Element identifies noise sources, existing and projected levels of noise, and methods of attenuation. The City of Diamond Bar is relatively quiet except for the noise generated by traffic on our major roadways. In many areas the hillsides serve as natural buffers to this primary noise source. Major noise issues for Diamond Bar revolve around the desire to prohibit new development from adversely affecting existing land uses. Strategies have been developed to ensure that future development proposals incorporate noise studies to identify and mitigate noise impacts. The Saftey Element, required since 1976, requires Cities to identify potential safety hazards and adopt policies related to the protection of people and property from fire, flooding and geologic and seismic hazards. The Element may also address any other locally relevant safety issue. Our local safety issues include the need to protect residents from geologic and seismic hazards and to assure that appropriate levels of police and fire, services and facilities, are provided. Please reference the Public Health and Saftey Element as described within Section IV of the General Plan. Please also review the Master Environmental Assessment, the Final Environmental Impact Report, and the OPR Guidelines contained within the Reference Material Booklet. PLANNING COMMISSION REVIEW The General Plan Advisory Committee and the Planning Commission have reviewed the Elements. Revisions to the base document are identified within the text of the Draft General Plan. The Planning Commission recommends City Council approval and adoption of the Draft General Plan dated October 17, 1994. RECOMMENDATION It is recommended that the City Council complete its review of the Public Services and Facilities Element, receive a presentation from the staff on the Public Health and Safety Element (PHSE), reopen the public hearing, receive testimony, review the PHSE and continue the public hearing. PREPARED BY: James DeStefano Community Development Director attachments - City Council Staff Report dated January 16, 1995. Memorandums from Mr. Gary Neely dated January 13, 1995 and January 20, 1995 regarding the Resource Management Element and the Public Services and Facilities Element. 2 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: January 16, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Adoption of the General Plan ISSUE STATEMENT: State law requires the preparation and adoption of a comprehensive, long term General Plan for the physical development of all property within the City and any land outside its boundaries which bears relation to its planning. The Draft 1994 General Plan contains a statement of development policies and includes diagrams, tables, maps, and text setting forth goals, objectives and strategies. BACKGROUND: On January 9, 1995 the City Council reviewed the Introduction to the General Plan, Vision Statement, and began its evaluation of the Resource Management Element (RME). The purpose of the January 16, 1995, continued public hearing is to conclude commentary on the RME and review the Public Services and Facilities Element (PSFE). Public Services and Facilities Element The Public Services and Facilities Element as described within Section VI of the General Plan seeks to coordinate land development and necessary public services with financial resources. A discussion of public services is found within several Elements of the General Plan. This Element focuses on further identifying needed City services and facilities, long range planning to provide funding, and coordination with various agencies. Public Services and Facilities policy issues include levels of existing services, development of community facilities and infrastructure, joint use of facilities, and financing. Please reference the Resource Management Element beginning on page III -10 and the Public Services and Facilities Element starting on page VI -1. Please also review the Master Environmental Assessment ( Note Sections H -C, D, H, I, J, K, L, M, N, O, P, Q, R, and S ); the Environmental Impact Report; and the OPR General Plan Guidelines within the Reference Material booklet. PLANNING COMMISSION REVIEW The General Plan Advisory Committee and the Planning Commission have reviewed the Resource Management Element and the Public Services and Facilities Element. Revisions to the base document are identified within the text of the General Plan. The Planning Commission recommends City Council adoption of the Elements. RECOMMIMENDATION It is recommended that the City Council complete its review of the Resource Management Element, receive a presentation from the staff on the Public Services and Facilities Element (PSFE), reopen the public hearing, receive testimony, review the PSFE and continue the public hearing PREPARED BY: James DeStefano Community Development Director attachments - City Council Staff report dated Jan. 9, 1995 - Memorandum from the Parks and Recreation Commission dated January 9, 1995 - Comments from Ms. Terry L. Birrell dated January 9, 1995 - City Council revisions to the Introduction section and Resource Management Element as approved January 9, 1995 Message printed by JAMES .ESTEFANO From : GARY NEELY Number : 16 of 18 To : JAMES DESTEFANO Date : 01/14/95 3:41pm Subject : 10/17/94 Drft. Gen. Plan Reference : NONE Read : 01/16/95 4:36pm Private : NO Conf : 2 - City Manager's Office * Original msg to: Terry Belanger * Carbons sent to: Phyllis Papen Gary Werner MEMORANDUM for the Diamond Bar City Council FROM: Mr. Gary L. Neely DATE: January 13, 1994 SUBJECT: Public Services and Facilities Element of the 10/17/94 Draft General Plan I would like to request the following changes to the Public Services and Facilities Element of the 10/17/94 Draft General Plan. ********** Page VI -4: Strategy 1.1.5.x. currently reads: "Monitor plans by the Metropolitan Water District and City of Industry to locate a water reservoir in upper Tonner Canyon." I believe the GPAC wanted "Investigate" to read "Encourage". That point notwithstanding, I would suggest this sentence read the same as the wording regarding this topic that is contained in the Resource Management Element and as suggested by,the Parks i Recreation Commission. To wit: "Work with property owners and neighboring jurisdictions to plan and locate an untreated potable water reservoir in the Upper Tonner Canyon/Tres Hernanos Ranch area. Planning should encourage and emphasize recreational uses and facilities that could'be developed on lands surrounding the reservoir. Page VI -4 The former Strategy 1.1.5.b dealt with reclaimed water facilities. I suggest re -instating this Strategy. For internal consistancy reasons, I suggest using the exact wording as contained in the Resource Management Element regarding this topic (R.M.E. Strategy 2.1.1.d): "Work with property owners and other jurisdictions and agencies to plan and locate reclaim water facilities within the Tres Hermanos area." ********** Page VI -5 Strategy 1.4.2 currently reads: "Monitor plans of the University of California to locate new campuses in Southern California." I suggest Strategy 1.4.2 be re -written to read: "Work with the State, the property owners and other jurisdictions and agencies to plan and locate a new, limited enrollment (7000 students) University of California campus within the Tres Hermanos Ranch area in Diamond Bar." I didn't include the possibility of this proposed campus being a private university because the University of California system has a, policy whereby EVERY U.C. Host City has the ultimate control over the student population of the U.C. campus in their city. I don't know if that can be said about all private university Host Cities (i.e. Palo Alto, Claremont, etc.), and I know the potential growth rate of ANY proposed Diamond Bar campus of higher education would be of great concern to our citizens. ********** Page VI -6 Strategy 2..1.2 currently reads: "Work with State officials and local elected representatives to make a determined effort to promote legislation for distribution of sales taxes to local agencies reflecting a combination of the location where the sales tax was collected and an equitable distribution based upon population." This Strategy may be confusing to some. Essentially, what it is saying is aggressively work to change State law in such a manner that Diamond Bar would, then, get some of the sales tax revenue currently distributed to those cities (i.e., Industry, Brea, Montclair, etc.) where there are large sales tax generating land uses (i.e., Puente Hills Mall, Brea Mall, and Montclair Plaza.). Now, this is an understandable approach to securing addition financing for local governments IF, AND ONLY IF, you happen to be in the situation Diamond Bar finds itself in: We don't have a large sales tax base. I question, however, if this is a sensible suggestion as to how to solve the REAL problem: Local governments should NOT be financed with sales tax funds, they should be financed with property tax funds. I'll attempt to explain: Prior to Proposition 13, local governments were, in fact, financed for the most part with Property Taxes. After Proposition 13 passed, in order to avoid the true intent of that initiative, the State then re -invented how local governments were to be financed and made Sales Taxes the most important source of revenue for local governments. (That's a short -hand version of a very complicated chain of events.) The net effect of the State's action in this matter was that, now, if local governments find themselves in a position where they need to generate additional revenue (without creating new taxes, assessments or fees), they are FORCED to make decisions (especially land use decisions) that frequently result in compromising opportunities to improve their overall property values. For instance: South Pointe. If local government financing were to return to being based for the most part upon Property Taxes rather than Sales Taxes, do you really think there would have been the battle we just witnessed over the South Pointe Master Plan? I don't think so. Of course, ONE WAY around this dilemma is for us to support legislation that would allow us to effectively steal Monclair's, Brea's and the City of Industry's portion of the Sales Tax base. Sure, that would work for Diamond Bar and some other cities in the State, but I can tell you, there is very little sentiment in Sacramento to allow this to happen. Therefore, I suggest this Strategy be re -written to read: "Work with State officials and local elected representatives to make a determined effort to promote State-wide legislation that would secure guaranteed, long-term, stable financing of local governments based upon PRIMARILY Property Tax revenues. Alternatively, support legislation that would re -distribute Sales -Tax revenue to local agencies based upon an equitable formula that would include both the location where the Sales Tax revenue was collected and the population of each local agency involved." That concludes my comments regarding the Public Services and Facilities Element of the 10/17/94 Draft General Plan. Respectfully submitted, Mr. Gary L. Neely 344 Canoecove Drive Diamond Bar, California 91765 909/861-6098 Blue Wave/QWK v2.12 Message printed by JAMES DESTEFANO From : GARY NEELY Number To : JAMES DESTEFANO Date Subject : Gen. Plan - Res. Mgmf. E1 Reference Read : 01/16/95 4:37pm Private Conf : 2 - City Manager's Office * Original msg to: Phyllis Papen Mayor Pro Tem Papen, 18 of 18 01/16/95 9:31am NONE YES During the Council's last General Plan meeting, (which you chaired), I testified as to a suggested re -wording of Strategy 1.3.9 of the Resource Management Element. I have subsequently received a copy of the Parks & Recreation Commission's Memorandum to the Diamond Bar City Council, dated January 9, 1995. (Subject: Parks & Recreation Considerations within the Resource Element of the Draft General Plan.) This memorandum ALSO suggests a re -wording of Strategy 1.3.9 of the Resource Management Element. For the record: I would like to modify my suggested re -wording of this Strategy to agree with the re -wording contained in the Parks & Rec Commission's memorandum. In fact: I would endorse ALL of the Parks & Recreation Commission's suggested changes to this element. I believe the Commission's suggested changes should be adopted verbatim. Thank you for your time. Respectfully, Mr. Gary L. Neely 344 Canoecove Drive Diamond Bar, CA 91765 909/861-6098 Blue Wave/QWK v2.12 From : GARY NEELY To : JAMES DESTEFANO Subject : General Plan Memo 1/20/95 Read : 01/20/95 8:17am Conf : 2 - City Manager's Office * Carbons Sent to: Phyllis Papen Gary Werner Terry Belanger MEMORANDUM for the Diamond Bar City Council FROM: Mr. Gary L. Neely Number : 18 of 21 Date : 01/20/95 8:11am Reference : NONE Private : NO DATE: January 20, 1994 SUBJECT: Public Services and Facilities Element & Resource Management Element of the 10/17/94 Draft General Plan I would like to request the following changes to the Public Services and Facilities Element and the Resource Management Element of the 10/17/94 Draft General Plan. These requests modify and amend my Memorandum to the City Council dated January 13, 1995. PUBLIC SERVICES AND FACILITIES ELEMENT: ********** Page VI -4 The former Strategy 1.1.5.b dealt with reclaimed water facilities. At their January 16th meeting, the Council inadvertantly omitted discussing the proposal to re -instate this strategy before they adjorned. I suggest re -instating this Strategy with the following (modified) wording. (Also see: Resource Managment Element Strategy 2.1.1.d).: "Work with property owners and other jurisdictions and agencies to plan and locate reclaim water facilities (reservoir, piping, etc.) within the Tres Hermanos area in Diamond Bar. In doing so, minimize any negative impact and maximize the benefits to Diamond Bar." ********** Page VI -5 (Second sentence added) Strategy 1.4.2 currently reads: "Monitor plans of the University of California to locate new campuses in Southern California." I suggest Strategy 1.4.2 be re -written to read: "Work with the State, the property owners and other jurisdictions and agencies to plan and locate a new, limited enrollment (7000 students) University of California campus within the Tres Hermanos Ranch area in Diamond Bar. In doing so, minimize any negative impact and maximize the benefits to Diamond Bar." ********** Page VI -6 (no change from January 13 Memo) Strategy 2.1.2 currently reads: "Work with State officials and local elected representatives to make a determined effort to promote legislation for distribution of sales taxes to local agencies reflecting a combination of the location where the sales tax was collected and an equitable distribution based upon population." I suggest this Strategy be re -written to read: "Work with State officials and local elected representatives to make a determined effort to promote State-wide legislation that would secure guaranteed, long-term, stable financing of local governments based upon PRIMARILY Property Tax revenues. Alternatively, support legislation that would re -distribute Sales -Tax revenue to local agencies based upon an equitable formula that would include both the location where the Sales Tax revenue was collected and the population of each local agency involved." RESOURCE MANAGEMENT ELEMENT: ********** Page III -13 Strategy 2.1.1.d deals with reclaimed water facilities. Originally, this strategy read: "Work with property owners and other jurisdictions and agencies to plan and locate reclaim water facilities within the Tres Hermanos area." At their January 16th meeting, the Council changed the wording of this strategy to read: "Monitor plans to locate reclaimed water facilities within the Tres Hermanos area." I suggest re -wording this Strategy, and for internal consistancy reasons, I suggest using the exact wording as proposed above for the Public Services and Facilities Element regarding this topic (P.S.& F.E. Strategy 1.1.5.b): "Work with property owners and other jurisdictions and agencies to plan and locate reclaim water facilities (reservoir, piping, etc.) within the Tres Hermanos area in Diamond Bar. In doing so, minimize any negative impact and maximize the benefits to Diamond Bar." ********** 9- That concludes my comments Facilities Element and the 10/17/94 Draft General Plan Respectfully submitted, regarding the Public Services and Resource Management Element of the at this time. Mr. Gary L. Neely 344 Canoecove Drive Diamond Bar, California 91765 909/861-6098 Blue Wave/QWK v2.12