HomeMy WebLinkAbout10/25/1993CITY OF DIAMOND BAR
MINUTES OF THE PLANNING COMMISSION
OCTOBER 25, 1993
CALL TO ORDER: Chairman Meyer called the meeting to order at 7:03
L p.m. at the South Coast Air Quality Management
District auditorium, 21865 E. Copley Drive, Diamond
Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Chairman Meyer.
ROLL CALL: Commissioners: Grothe, Li, Flamenbaum, Vice
Chairman Plunk, and Chairman Meyer.
Also present were Community Development Director
James DeStefano, Associate Planner Robert Searcy,
Planning Technician Ann Lungu, Deputy City Attorney
Craig Fox, and Contract Recording Secretary Liz
Myers.
CONSENT
VC/Plunk requested the minutes of October 11,
1993
CALENDAR:
be amended on page 1 to reflect the proper spelling
of "Cavanough", and page 13 to reflect the proper
Minutes of
spelling of "appropriate".
Oct. 11, 1993
Motion was made by C/Flamenbaum, seconded by
C/Grothe and CARRIED UNANIMOUSLY to approve
the
Minutes of October 11, 1993 as amended.
OLD BUSINESS:
C/Flamenbaum reported that the Policies
and
Procedures subcommittee's report has
been
Disc. of PC
incorporated into the staff report.
The
Policies and
subcommittee feels San Bernardino's manual,
with
Procedures
several changes and additions, is suitable
for
Manual
Diamond Bar. All language in the San Bernardino
Commissioner's Handbook not pertaining to the
City
of Diamond Bar will be removed appropriately.
The
subcommittee desires to add the following to
the
manual:
1. Create a subcommittee to meet with staff for
future projects, future ordinances, and future
agendas.
2. Any Commissioner can request an item be place
on the agenda.
3. A sergeant at arms or some other mechanism to
preserve order and execute commands.
4. A split vote (negative or positive) will equal
denial of the action.
5. Planning Commission members may address the
City Council on any matter as individuals, or
as a Commission with the majority approval of
�__ the Planning Commission members.
October 25, 1993 Page 2
VC/Plunk suggested that the handbook include the r
following: the Brown Act update; the protocol for
amended motions; and the protocol for Commission
subcommittees pertaining to minutes, and pertaining
to the appropriate time and manner to address the
City Council. VC/Plunk then suggested that it may
be more appropriate if the City Council would
stagger the appointments of the Planning Commission
so that they do not all expire at the same time.
Chair/Meyer suggested that any recommendation made
by a Planning Commission subcommittee first be
brought back before the Planning Commission for
deliberation and consensus before going to the City
Council. The Commission concurred.
VC/Plunk suggested that item 4, Organization,
include the date currently under Ordinance. She
questioned the appropriateness of bullet 4, item 3,
Relations With The Public, relating to cable
television, and suggested that it be deleted.
C/Flamenbaum concurred. i
Chair/Meyer noted that the format for placing an
item on the agenda, and having special meetings, as
specified in the. San Bernardino manual, requires i
direction from the chair or consensus of three
members of the Commission. Perhaps the Planning
Commission should follow the same format.
C/Flamenbaum pointed out that a Commissioner should
have a right to place an item on the agenda even,if
the chair disagrees. Also, in view of the Brown
Act, it would be difficult to obtain consensus from
three Commissioners since the Commission is not
allowed to take a positive action without an item
first being on the agenda.
Chair/Meyer expressed his concern there could be an
occasion whereby a Commissioner may choose to load
up the agenda with frivolous items as an attempt to
disrupt the Commission for whatever reasons.
C/Flamenbaum, in response to Chair/Meyer's concern,
suggested each Commissioner be allowed to request
only one item per agenda per meeting. He explained
the purpose of this provision is to help assure
that Commissioner's items are placed on the agenda
for discussion, and not omitted because it was
considered, for whatever reasons, to be an
inappropriate item to be on the agenda.
October 25, 1993 Page 3
7 CDD/DeStefano stated that a conflict may arise from
a Commissioner's request and the level of work and
cost that may be required to respond to the
request. Staff's ultimate authority in terms of
workload is to the City Manager.
C/Flamenbaum stated that even if staff is unable to
complete a response to a Commissioner's request, it
can at least be discussed by the Commission if it
is placed on the agenda. Staff can inform the
Commission if more time is needed to respond to any
issue.
CDD/DeStefano, in response to VC/Plunk's inquiry on
revisiting the Sign Ordinance, explained that the
issue may be placed on the agenda upon the request
of the Commission.
C/Flamenbaum suggested that the Commission Manual
and the agenda include a standard section called
"Future Agenda Items" that would consist of items
requested by the Commission. Staff could then
indicate where in priority the request lies, and
the Commission could then discuss the item and
determine if there is manpower or cost shortages.
The Commission concurred that any Commissioner can
request one item per meeting to be placed on the
agenda for "Future Agenda Items". The actual
placement on the agenda for deliberation and action
would require the consensus of the Commission,
subject to budget and staff work load limitation.
C/Li stated that there needs to be a standard
procedure for controlling meetings, such as a
Sergeant of Arms, in case a conflict or a
disruption occurs. .The public should be aware that
the Commission has The
in the manner by which
a meeting will be conducted.
VC/Plunk suggested that the Secretary of the
Planning Commission appoint the Sergeant of Arms.
The Commission concurred.
C/Flamenbaum stated that there is also a need to
designate a Commissioner to attend City Council
meetings, and to meet with staff for future
., projects, future ordinances, and future agendas,
who would then report back to keep the Commission
abreast on issues prior to placement on the agenda.
October 25, 1993
i
Page 4
Chair/Meyer pointed out that it is usually the
responsibility of the chair to communicate with the+
Secretary to coordinate the agendas and keep the
Planning Commission advised of future items.
The Planning Commission concurred to indicate in
the Manual that the chairman or the chairman's
appointee will meet with staff and keep the
Commission advised on future projects, future
ordinances, and future agendas.
CDD/DeStefano inquired if it would be helpful for
the Commission to receive the City Council minutes.
C/Grothe pointed out that since the minutes are
quite condensed, it would probably not be helpful
to receive them. However, it would be helpful if,
for example, the chairman or it's appointee would
attend a City Council subcommittee meeting on
_
issues that would eventually come before the
Commission.
The Planning Commission concurred that a split vote
(negative or positive) will equal denial of the
action.
i
The Planning Commission concurred that the
j
Commission members may address the City Council on
any matter as individuals. Also, the chairperson
or it's appointee may address the City Council as a
representative of the Planning Commission.
C/Flamenbaum suggested that the Manual also
indicate that the basic format for the meeting is
Roberts Rules of Order. The Commission concurred.
It was the consensus of the Planning Commission to
direct staff to craft the Planning Commission
Policies and Procedure Manual based on the comments
made, and to bring back the document at the
earliest opportunity.
NEW BUSINESS:
CDD/DeStefano reported that it has been advised by
the City Attorney that this item be pulled to allow
General Plan
further review of the verbiage within the crafted
Conformity
draft Resolution. It is recommended that the item
Report
be pulled from the agenda.
Motion was made by C/Flamenbaum, seconded) by
VC/Plunk and carried to pull the item fromthe
i
agenda and to refer it back to staff.
October 25, 1993 Page 5
AYES: COMMISSIONERS: Flamenbaum, Li, VC/Plunk,
and Chair/Meyer.
NOES: COMMISSIONERS: Grothe.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: None.
PUBLIC There were none.
HEARINGS:
ANNOUNCEMENTS: CDD/DeStefano stated that the General Plan is still
effective and enforceable as of this moment. The
Staff City is yet to receive a formal action from the
courts.
DCA/Fox stated that there has been a minute order
and it is incumbent upon the petitioners to do
their form of judgement. However, there is a legal
effect of the courts ruling, and it would not be
totally fair to indicate that we have an operable
General Plan by which we can proceed.
Commissioners C/Li, noting that a sound wall will be constructed
on the 57 freeway northbound, by Castle Rock
Elementary School, inquired why the sound wall is
not being extended further north for that
neighborhood as well. He inquired what form of
action the Planning Commission can take to request
the City Council to take action to extend the sound
wall.
CDD/DeStefano stated that staff will investigate
the matter and report back to the Commission.
C/Grothe requested that the 'compact parking stall
provision of the Parking Ordinance be revisited.
He suggested that the City review other ordinances,
particularly the ---City of Walnut.
The Planning Commission concurred to request staff
to place the matter on the agenda for discussion,
based on budget and staff workload.
CDD/DeStefano, in response to VC/Plunk, stated that
the term of office for each Planning Commissioner
will expire on February 28, 1994.
VC/Plunk requested that the Sign Ordinance be
revisited as soon as possible. She also requested
-, a discussion in the future on the wiseness of
having all five Commission terms expire at the same
time.
October 25, 1993 Page 6
The Commission concurred to request that the Sign
Ordinance be placed on the agenda for discussion.
A subcommittee can then be formed after receiving
comments, if need be.
ADJOUI MMENT: With no further business to conduct, a motion was
made by C/Li, seconded by C/Grothe and carried
unanimously to adjourn the meeting at 7:58 p.m.
Respective)
mes DeStefano
Secretary
Atte
.Dy�vid Meye ,_°�
Chairman ;,'
ROLL CALL:
Commissioners: Grothe, Li, Flamenbaum, Vice
CITY OF DIAMOND BAR MINUTES OF THE
PLANNING COMMISSION
ONSENT
Chairman Plunk, and Chairman Meyer.
CALL TO ORDER: Chair
an Meyer called the meeting to order at 7:03 p.m. at the South Coast Air Quality
Management District auditorium, 21865 E. Copley Drive, Diamond Bar, California.
Minutes of
Also present were Community Development Director
PLEDGE OF The audienc
was led in the Pledge of Allegiance by ALLEGIANCE: Chairman Meyer.
James DeStefano, Associate Planner Robert Searcy,
ROLL CALL:
annin Technician Ann Lun u, Deputy Cit Attorney
rai Fox, and Contract RecordingSecretaryLiz
ers.
ONSENT
C/Plunk requested the minutes of October 11, 1993
if-"Cavanoughil
ALENDAR:
amended on page 1 to reflect the proper spelling
I and page 13 to reflect the proper
Minutes of
pelling of "appropriate".
ct. 11, 1993
Motion was made by C/Flamenbaum, seconded b
Grothe and CARRIED UNANIMOUSLY to approve the
Minutes of October 11, 1993 as amended.
LD BUSINESS:
/Flamenbaum reported that- the Policies and
rocedures subcommittee's report has been
isc. of PC
incorporated into the staff report. The
olicies and ubcommittee feels San Bernardino's manual, with
rocedures everal changes and additions, is suitable for
Manual iamond Bar. All language in the San Bernardino
ommissioner's Handbook not pertaining to the Cit
f Diamond Bar will be removed appropriately. The
ubcommittee desires to add the following to the
anual:
1. Create a subcomm ittee to meet with staff for future projects, future
ordinances, and future agendas.
2. Any Commissioner can request an item be place on the agenda.
3. A sergeant at arms or some other mechanism to preserve order and execute
commands.
4. A split vote (negative or positive) will equal denial of the action.
5. Planning Commission members may address the city council on any matter as
individuals, or as a commission with the majority approval of the Planning
Commission members.
October 25, 1993 Page 2
VC/Plunk suggested that the handbook include the following: the Brown Act
update; the protocol for amended motions; and the protocol for commission
subcommittees pertaining to minutes, and pertaining to the appropriate time and
manner to address the City Council. VC/Plunk then suggested that it may be more
appropriate if the City Council would stagger the appointments of the Planning
Commission so that they do not all expire at the same time.—
Chair/Meyer suggested that any recommendation made by a Planning
Commission subcommittee first be brought back before the Planning Commission
for deliberation and consensus before going to the City Council. The Commission
concurred.
VC/Plunk suggested that item 4, Organization, include the date currently under
Ordinance. She questioned the appropriateness of bullet 4. item 3 1 Relations
With The Public, relating to cable television, and suggested that it be deleted.
C/Flamenbaum concurred. i
Chair/Meyer noted that the format for placing an item on the agenda, and having special
meetings, as specified in the. San Bernardino manual, requires direction from the chair or
consensus of three members of the Commission. Perhaps the Planning Commission should
follow the same format;
C/Flamenbaum pointed out that a Commissioner should have a right to place an
item on the agenda even if the chair disagrees. Also, in view of the Brown Act, it
would be dif f icult to obtain consensus from three Commissioners since the
commission is not allowed to take -a positive action without an item first being on
the agenda.
Chair/Meyer expressed his concern there could be an occasion whereby a
commissioner may choose to load upthe agenda with frivolous items, as an
attempt to disrupt the Commission for whatever reasons.
C/Flamenbaum, in response to Chair/Meyer's concern, ch Commissioner be allowed to
request suggested ea
only one item pet agenda per meeting. He explained the purpose of this provision is to help
assure that Commissioner's items are placed on the agenda for discussion, and not omitted
because it was considered, for whatever reasons, to be an inappropriate item to be on the
agenda.
October 25, 1993 Page 3
CDD/Deptefano stated that a conflict may arise from a commissioner's request
and the level of work and cost that may be required to respond to the request.
Staff Is ultimate authority in terms of workload is to the City Manager.
C/Flamenbaum stated that even if staff is unable to complete a response to a
commissioner's request, it can at least be discussed by the Commission if it is
placed on the agenda. Staff can inform the commission if more time is needed to
respond to any issue.
CDD/DeStefano, in response to VC/Plunk's inquiry on revisiting the sign
Ordinance, explained that the issue may be placed on the agenda upon the
request of the Commission.
C/Flamenbaum suggested that the Commission Manual and the agenda include a
standard section called "Future Agenda Items" that would consist of items
requested by the Commission. Staff could then
r-7 indicate where in priority the request lies, and the Commission could then discuss the item and determine if there is
manpower or cost shortages.
The Commission concurred that any Commissioner can request one item per
meeting to be placed on the agenda for "Future Agenda Items". The actual
placement on the agenda for deliberation and action would require the consensus
of the Commission, subject to budget and staff work load limitation.
C/Li stated that there needs to be a standard procedure for controlling meetings,
such as a Sergeant of Arms, in case a conflict or a disruption occurs. The public
should be aware that the Commission has authority in the manner by which a
meeting will be conducted.
VC/Plunk suggested that the Secretary of the Planning Commission appoint the
Sergeant of Arms. The Commission concurred.
C/Flamenbaum stated that there is also a need to designate a Commissioner to
attend City Council meetings, and to meet with staff for future projects, future
ordinances, and future agendas, who,would then report back to keep the
Commission abreast on issues prior to placement on the agenda.
October 25, 1993 Page 4
Chair/Meyer pointed out that it is usually the responsibility of the chair to
communicate with the Secretary to coordinate the agendas and keep the Planning
Commission advised of future items.
The Planning Commission concurred to indicate in the Manual that the chairman
or the chairman's appointee will meet with staff and keep the Commission advised
on future projects, future ordinances, and future agendas.
CDD/DeStefano inquired if it would be helpful for the Commission to receive the
city council minutes.
C/Grothe pointed out that since the minutes are quite condensed, it would
probably not be helpful to receive them. However, it would be helpful if, for
example, the chairman or it's appointee would attend a City Council subcommittee
meeting —on issues that would eventually come before the commission.
The Planning Commission concurred that a split vote (negative or positive) will equal denial of
the action.
The Planning commission concurred that the commission members may address the City
Council on any matter as individuals. Also, the chairperson or it's appointee may address the
City Council as a representative of the Planning Commission.
C/Flamenbaum suggested that the Manual also indicate that the basic for -mat for
the meetinqis Roberts Rules of Order. The Commission concurred.
It was the consensus of the Planning Commission to direct staff to craft the
Planning Commission Policies and Procedure Manual based on the comments
made, and to bring back the document at the earliest opportunity.
NEW BUSINESS: CDD/DeStefano reported that it has been advised by the City
Attorney that this item be pulled to allow General Plan further review of the
verbiage within the crafted Conformity draft Resolution. it is recommended that
the item Report be pulled from the agenda.
Motion was -made by C/Flamenbaum, seconded by VC/Plunk and carried to pull the item from
the agenda and to refer it back to staff.
October 25, 1993 Page 5
AYES: COMMISSIONERS: Flamenbaum, Li, VC/Plunk, and
Chair/Meyer.
NOES: COMMISSIONERS: ABSTAIN: Grothe. None. None.
COMMISSIONERS: ABSENT:
PUBLIC There were none.
ANNOUNCEMENTS: CDD/DeStef ano stated that the General Plan is still effective and enforceable as of this
moment. T he
Staff City is yet to receive a f ormal action from the courts.
DCA/Fox stated that there has been a minute order and it is incumbent upon the
petitioners to do their form of judgement. However, there is a legal of f ect of the
courts ruling, and it would not be totally f air' to indicate that we have an operable
General Plan by which we can proceed.
commissioners C/Li, noting that a sound wall will be constructed on the 57 freeway northbound, by Castle Rock
Elementary School, inquired why the sound wall is not being extended further
north for that neighborhood as well. He inquired what f orm. of action the Planning
Commission can take to request the City Council to take action to extend the
sound wall.
CDD/DeStef ano stated that staff will investigate the matter and report back to the
Commission.
C/Grothe requested that the 'compact parking stall provision of the Parking
Ordinance be revisited. He suggested that the City review other ordinances,
particularly the --City of Walnut.
The Planning Commission concurred to request staff to place the matter on the
agenda for discussion, based on budget and staff workload.
CDD/DeStef ano, in response to VC/Plunk, stated that the term of of f ice f or
each Planning Commissioner will expire on February 28, 1994.
VC/Plunk requested that the Sign Ordinance be revisited as soon as possible.
She also requested a discussion in the future on the wiseness of having all five
Commission terms expire at the same time.
i'L-
October 25, 1993 Page 6
The Commission concurred to request that the sign Ordinance be placed on the
agenda for discussion. A subcommittee can then be formed after receiving
comments, if need be.
ADJOURNMENT: With no further business to conduct, a motion was made by C/Li, seconded by C/Grothe and
carried unanimously to adjourn the meeting at 7:58 p.m.
e e '-v -L
Respectivel sp a
mescDeStefani-3 mes
DeStefano
Secretary
Atte chairman