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HomeMy WebLinkAbout10/27/1997MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 27, 1997 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:17 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Fong. ROLL CALL: 1 ! Present: Chairman Ruzicka, and Commissioners Fong, Goldenberg and McManus Vice Chairman Schad arrived at 7:25 p.m. Also Present: Deputy City Manager James DeStefano, Senior Planner Catherine Johnson, Associate Planner Ann'Lungu and Planning Technician Susan Cole. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None CONSENT CALENDAR: 1. Minutes of October 14, 1997. This matter was continued to 4 November 12, 1997. f OLD BUSINESS - None i NEW BUSINESS: i 1. Planned Sign Program No. 97-2 is a request for two wall mounted identification signs at the Countryside Suites. Property Location: 21951 Golden Springs Drive, Diamond Bar, CA Property Owner/ Ayres Holding Group, 355 Bristol Applicant: Street #A, Costa Mesa, CA 92626 PT/Cole presented staff's report. Staff recommends that the Planning Commission approve Planned Sign Program No. 97-2, Findings of Fact and conditions as listed within the resolution. Chair/Ruzicka asked if the sign application will come before the Planning Commission at a later date. DCM/DeStefano responded that the sign application does not need to come before the Planning Commission according to the standards in the Sign Code. Chair/Ruzicka asked if this sign or any future signs will have any detrimental effect on the residents of homes on the ridge i OCTOBtR 27, 1997 PAGE 2 PLANNING COMMISSION overlooking the Gateway Corporate Center which has, in the past, created concerns about view and lighting. DCM/DeStefano stated that based upon what staff knows about the proposed signage and lighting, staff believes that they would cause no detrimental effect to the residences above and to the east of the site. Chair/Ruzicka asked for public comment. There was no one present who wished to speak on this item. C/McManus stated the following: "At the last Planning Commission meeting, Mr. Schad was asked if his wife was on the payroll of a developer that had a project before this committee. Mr. Schad said "NO". There has been a lot of information come to light since that meeting. All of it leads me to believe, along with everyone else, that he did not tell the truth. The matter is now under investigation by the FPPC and I believe that anything he (Mr. Schad) participates in on this Commission from this day forward until this matter is resolved, would be tainted. So I would- ask that Mr. Schad step down from the Commission." Chair/Ruzicka asked for clarification of the procedure from this point. DCM/DeStefano responded that there has been an allegation of conflict of interest. Apparently, that allegation has been forwarded to the appropriate authorities, the FPPC and the District Attorney. There should be some conclusion brought forth by those investigatory agencies on the matter. That will be some time from now. Commissioner Schad who can speiak for himself on this matter has previously indicated that he did not have the conflict of interest that was represented at the last Planning Commission meeting. Chair/Ruzicka stated the following: "The Chair is extremely concerned about the Commission's reputation and what it does on all issues. We are handling a number of very important issues for the city including -the Development Code. If any Commissioner who sits on this panel is under any .legal scrutiny or doubt, I would not want that to reflect on any decision that this Commission is making. If you believe that Vice Chairman Schad's participation in a vote on this issue will not reflect on whether this total Commission is doing the right thing, then we can proceed. However, I don't want anyone's participation on any issue to cloud what we do here. We are people who are giving of our time and talent to make sure that we do the best things for this City. And any Commissioner who makes a decision to participate in these proceedings should do it with a lot of, thought and with honesty in his heart." C/McManus stated the following: "If in fact he (Mr. Schad) has taken money from a developer while sitting up here on',an issue or project that that developer brought before the 51' Aa 0r:� - . 0001 , TW.m _.,...,..... R OCTOBER 27, 1997 PAGE 3 PLANNING COMMISSION Commission then it stands to reason that if he would do it r once he might do it other times. Therefore, any decision that he might be involved in that this Commission might make would be tainted. And if in fact they find him guilty of it, then any decisions that we may make may be up for reversal.in the event that someone should want to do that. I.don't.think we need to do that to any of the people in this community." Chair/Ruzicka: "Are there any additional comments from Commissioners?" C/Goldenberg: "Mr. Chairman, I have no doubt in my mind that Mr. Schad is doing whatever he is doing that he feels is in the best interest of this community. I have a problem only with respect to the fact that the community, City Council and administration is going to look at any decision that we make as a possible tainted decision because of the conditions that surrounds Mr. Schad's allegations. Whether they are true or not is immaterial at this time. The problem is that all of us are going to be put in that light. And I don't think the other four Commissioners should be subject to that type of scrutiny, and I would respectfully request that Commissioner Schad temporarily remove himself from the dais until the matter is cleared up." Chair/Ruzicka: "Vice -Chairman Schad, did you have anything to respond to these allegations?" Vice -Chairman Schad: "I have 'nothing to respond at this time." f C/Goldenberg: "Mr. Chairman, if we're about to take a vote on an, item not necessarily pertaining to this subject, do you not feel that the outcome of that vote is going to be possibly tainted with the participation of a Commissioner that has this cloud hanging over him? And that's my concern at this time. Not necessarily what it does for us that are sitting up here, but our reputations in the community and the decisions that we make have to have the trust of the community. I find it real difficult to continue on with this if these are the allegations that are going to be! sitting there.- Perhaps,,if Mr. Schad would like to hear from anybody in the audience to support his contention, he may want to consider bringing someone up and let them speak as to the possibility of impropriety." C/Fong: "This issue right here is kind of a surprise to me. I wasn't aware of this discussion right here. I understand from the last Planning Commission meeting about the allegation about Vice Chairman Schad might have taken money from a developer, etc. That's something I couldn't prove myself and I have not investigated myself personally what has happened and tonight we have.an issue right here on a sign that is a „w very -simple matter and I don't understand how Mr. Schad Is allegation is connected with this little simple issue here - how it could taint our decision. I understand he should be up w OCTOBER 27, 1997 PAGE 4 PLANNING COMMISSION - here with integrity to vote on matters. I guess for us as far as we're concerned, we each here have our own conscience and we're doing what we believe is right. And we're acting at the highest honor we can for the City's benefit. And whether Mr. Schad wants to vote on this issue or not is up to him. He has to decide whether he wants to do it or not. But it should not really effect you or I or anyone up here. Otherwise, it could effect any of us. I just feel like right now..." -Chair/Ruzicka: "As the Chairman, I just want to make sure that you understand where the discussion is right now. The discussion is as to the validity of this Commission as a whole. We have a responsibility to the people of this City to make sure that our decisions are made under no cloud. And,i believe that when one Commissioner is under a cloud it reflects on the rest of us. In the end, the more important thing is that it reflects on all of the decisions that we make after that cloud has been recognized and brought forward. And that's what we're trying to determine here. Any decisions that we make now with Mr. Schad's vote included, could possibly be questioned later on and we don't want that. Especially in view of the very important work that we're doing over and above the current issue that is facing us." C/Fong: "What I'm saying here is that we're not up here to be judgmental of any person up here. We're not up here to judge any allegations that Mr. Schad is guilty. I think it's up to him whether he wants to vote on this or not. But I don't think we should feel what 'he did, whether'it's right or wrong, would have an effect on us personally or on this Commission. I think we're taking this little matter here and making a big deal' out of it." C/McManus: "Unfortunately, the community doesn't view it that way. They view it that if one of us is taking money from a developer then all of us could be. And if you take it from one you might be taking it from all of them. ' So it does reflect because I've already had a lot of telephone calls and questions about this and so I've done some investigation onlmy own. If nobody would really mind, I really hate to do this, but I'd like to ask Mr. (Kurt) Nelson to come down. I'd like to ask him a question." Chair/Ruzicka: "Mr. Nelson." Mr. -Nelson approached the podium. C/McManus: "Mr. Nelson, has you or your company, or anyof your associates ever had Mrs. Schad or any family member,of Mr. Schad's in their employ in the last year?" Mr. Nelson: "Yes, we have."..yyE C/McManus: "Thank you." m ... ,_.' .. n' o n S - K 15, f h.lF,, - OCTOBER 27, 1997 PAGE 5 PLANNING COMMISSION C/Goldenberg: "Mr. Chairman, if Commissioner Schad insists on sitting within this Commission with the intent of possibly making decisions,'I would ask to be excused." " C/McManus: "Me, too." Chair/Ruzicka: "Vice Chairman Schad." VC/Schad: "Many people who are running for office have taken money from this gentleman right there. And I don't see that I should be singled out as the one individual"receiving money from this gentleman up.here at the microphone." Kurt Nelson: "Mr. Chairman, could I, I mean'I really didn't want to get involved in this. If I could just speak briefly." i VC/Schad: "It's because of you that it has become involved." Chair/Ruzicka: "First of all, before we get into that, there's a. difference between being on the payroll of a developer and receiving political contributions under the legal limit from a variety of people who happen to be developers. And if we can get that issue addressed properly, and the distinction made between the two, there's a difference between being on the payroll, in the employ of a developer and accepting political contributions, all of which -were under the - legal limit for those contributions." Kurt Nelson: "Yeah. What I would like to say, and I really need to be brief, and I think everybody here, at least on the dais, and I think probably everybody_in this room, maybe not some of you watching at home, is probably aware of a great deal more of the detail of this. Inasmuch as the matter has been, I believe, turned over to the Fair Political Practices Commission, I think it would be a mistake for me to comment on behalf of my company very much further than I'm going to do right now except to say that everybody here on this dais and virtually everybody in the City of Diamond Bar whose opinion I and my company really care about knows about the relationship, what it was, when it stopped, what it was not. And for me to comment further at this time I don't think would serve any really good purpose. I'm terribly sorry to see you all struggling with this right now. •I can tell you that, to the best of my ability, the best of my understanding, you can probably take care of the present matter before you right now but if you choose not to, that's.between you five gentlemen. I don't want to comment too much further since.the FPPC will be involved. All of you know how I feel and you know what my company's stance was on this several months ago. All of you do. If, perhaps, the best thing would be in the course of the FPPC investigation, if any one of you or two of you or -however many would not be a violation of the Brown Act, -would like to i F7 get together with Commissioner Schad and myself and any other t representative of my company, that would be best. I really wish I had something really articulate to offer to clear this up, but you know where I stand. Hell, everybody with access OCTOBER 27, 1997 PAGE 6 PLANNING COMMISSION to the Internet knows where I stand,. and my company. I'm so sorry that it's come to this and unless you have any further questions I think it's probably best that I sit down." Chair/Ruzicka: "Thank you very much, Mr. Nelson. Commissioner McManus and Commissioner Goldenberg, I don't want you to leave until you are sure that this is the action we should take. We do have issues before us that can be completed. I believe that in any case, whether Mr. Schad is, however that case is handled, I believe if enough is said about where the rest of us are at on this issue, I donit believe our integrity will be compromised when we make this decision. I believe we can make decisions on the other items that don't pertain to this particular item and move on and keep the work going of this Commission. It would be shameful to jeopardize the hard work we've done for a long time - for the past year, almost - working on the Development Code because of this issue. I think we can continue working, but that decision will have to be yours." C/McManus: "Yes. I believe there's an old cliche that if you lie down with dogs you get fleas. There's no question anymore as to whether Mr. Schad's family took the money and whether or not he lied. Even if he took it (the money) , if he hadn't lied, that would be another issue. The problem I have at this point as Mr. Fong was pointing out, when we sit up here we're suppose to have integrity and we should be as unimpeachable as we can possibly be. At this point in time, we have a member {" that has definitely tainted the Commission and I agree that we need to move forward with this stuff, but the problem is, that one person refuses to step down and we're all tainted with that thing. We're all painted with the same brush. Everybody here knows that because they've been involved in politics long enough to know that that's the way it works. Whether you like it or not, that's the way it works. _So, my decision stands that if he stays, I go." C/Goldenberg: "I have to issue Commissioner McManus's sentiments." Chair/Ruzicka: "Commissioner Schad, I guess it's up to you. Do you intend to continue in this meeting tonight? If you do, we will lose two Commissioners." VC/Schad: "What are your plans, Mr. Chairman." Chair/Ruzicka: "My plans I don't think are relevant. You have to make the decision, sir." VC/Schad: Well, I'm going to remain." At 7:45 p.m., Commissioner McManus and Commission Goldenberg left the dais in protest of the continued participation, of ry Vice Chairman Schad. i�u,x Vol, e. 1 RM —V II- R U-,M,It, 1 OCTOBER 27, 1997 PAGE 7 • - PLANNING COMMISSION Chair/Ruzicka: -"Let the record also reflect that the Chairman is remaining not because of the fact that he believes one way or the other on the issue. The Chairman believes that that issue will take its own course. and I do not intend for anyone to question my integrity and I do not intend for anybody to intimidate me or threaten me with any type of information that I am either in or on the payroll of anybody whether he's a developer or has an issue before this Commission. If that can't be stated any stronger, that's the reason why I'm in this campaign for elected office because one of the current sitting Council Members has tainted this City with his brand of dishonesty. And now it's rubbing off on the good work we could all be doing for this City." j Chair/Ruzicka asked for a motion regarding Planned Sign Program No. 97-2. C/Fong moved, Chair/Ruzicka seconded, to approve Planning Sign Program No. 97-2. The motion was carried 2-0-1 with the following Roll Call vote: AYES: COMMISSIONERS: Fong, Chair/Ruzicka NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Schad ABSENT: COMMISSIONERS: Goldenberg, McManus r— CONTINUED PUBLIC HEARINGS: 1. Vesting Tentative Tract map No. 50314, Conditional use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 (pursuant to Code Sections Title 21, and Title '22.56.215, 22.26 Part 16 and 22.16 Part 2) are requests to approve a 15 lot subdivision on approximately 44 acres. The average lot size will be 2.92 acres. Six of the proposed lots are part of two approved tracts. Therefore, VTTM 50314's development will result in a net increase of 13 residential lots. The project site is within Los Angeles County Significant Ecological Area No. 15. The Zone Change will convert the current zoning of R- 1,200 and A-2-2 to R-1-40,000. (Continued from October 14, 1997). Project Address: Southeast of the most. southerly intersection of Steeplechase Lane and Wagon Train Lane. Project Owner/Applicant: Kurt Nelson, Windmill Development, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 Staff recommends that the Planning Commission continue the public hearing -for VTTM 50314, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program and EIR No. 97-1 (SCH 96- 0711104). At 7:50 p.m., VC/Schad left the dais. OCTOBER 27, 1997 PAGE 8 PLANNING COMMISSION Chair/Ruzicka asked VC/Schad if he was recusing himself from this item. There was no response for the record. Chair/Ruzicka asked for advise with respect to continuing this matter. DCM/DeStefano stated that the Commission has lost its quorum and its ability to discuss this matter. Chair/Ruzicka asked if the Commission can continue to discuss any other ,items on the agenda. DCM/DeStefano stated the Commission may not continue unless VC/Schad returns to the dais thus restoring a quorum. RECESS: Chair/Ruzicka recessed the meeting at 7:55 p.m. RECONVENE: Chair/Ruzicka reconvened the meeting at 8:13 p.m. DCM/DeStefano explained that due to lack of quorum, the Commission does not have the ability to make any decision regarding Continued Public Hearing Item No. 1. Therefore, staff recommends that the Commission move to the next item on its agenda. 2. Draf t Development Code (Zoning Code Amendment 2CA 97-1 and Negative Declaration No. 97-3). Review of all Articles of the Draft Development Code, Draft Subdivision Code, and Draft Design Guidelines. Staff recommends that this matter be continued to the November 12, 1997 Planning Commission meeting. Robert Zirbes, a Diamond Bar resident, said he has participated with the Commissioners on the Draft Development Code over the past few months. He -indicated he came to tonight's meeting prepared to work toward the document's finality. However, he is somewhat surprised by what has occurred this evening. He recommended that the Development Code.be held over until a full Commission is present because of its importance to the City of Diamond Bar. Don Gravdahl concurred with Mr. Zirbes that the Development Code is an important agenda item and if there is any kind'of cloud over this Commission, the matter should be continued to the next meeting with the full -commission present. VC/Schad moved, C/Fong seconded, to continue the Draft Development Code discussion to November 12, 1997. The motion was carried 3-0. PUBLIC HEARINGS - None PLANNING COMMISSION ITEMS: OCTOBER 27, 1997 PAGE 9 PLANNING COMMISSION DCM/DeStefano asked for consideration of the following meeting dates for the Planning Commission: November 12, 1997, November 25, 1997, December 9, 1997 and December 23, 1997. Following discussion, the Commission concurred to continue discussion of November and December meeting dates at its regularly scheduled November 12, 1997 meeting. C/Fong asked for status of the proposed relocation of the Australian Tea Leaf tree at the Shell Station site on the northwest corner of Diamond Bar Boulevard at Brea Canyon Road. DCM/DeStefano responded that staff will research the matter and advise the Commission. INFORMATIONAL ITEMS: SCHEDULE OF FUTURE EVENTS as listed in the agenda. I ADJOURNMENT: There being no further business to come before the Planning Commission, Chair/Ruzicka adjourned the meeting at 8:28 p.m. to Wednesday, November 12, 1997 at 7:00 p.m. in the South Coast Air Quality Management District Auditorium. Attest: xoe' Ruz icka- ` Chairman z Respectfully Submitted, Jam DeStefano, Secretary