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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