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Home My WebLink AboutFW_ Action Item for City Council 2185 was Reviewed _ Diamond Bar General Plan Update and Climate Action Plan.msgDan, Let me know if you want to discuss David’s edits. I think we should incorporate his advice about ensuring that the goals and policy still have teeth, and I noticed a few typos that were previously overlooked. Greg Gubman, AICP | Community Development Director City of Diamond Bar 909.839.7031 From: David A. DeBerry <ddeberry@wss-law.com> Sent: Wednesday, December 11, 2019 5:26 PM To: Greg Gubman <GGubman@DiamondBarCA.Gov>; Dan Fox <DFox@DiamondBarCA.Gov>; Kristina Santana <KSantana@DiamondBarCA.Gov> Subject: RE: Action Item for City Council 2185 was Reviewed : Diamond Bar General Plan Update and Climate Action Plan Sorry, I suppose that would help. David A. DeBerry Attorney at Law 555 Anton Boulevard, Suite 1200 Costa Mesa, California 92626 714-415-1088 • Fax: 714-415-1188 ddeberry@wss-law.com <mailto:ddeberry@wss-law.com> www.wss-law.com <http://www.wss-law.com> CONFIDENTIALITY NOTICE – This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone at 714-415-1088 or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you. From: Greg Gubman [mailto:GGubman@DiamondBarCA.Gov] Sent: Wednesday, December 11, 2019 5:25 PM To: David A. DeBerry <ddeberry@wss-law.com <mailto:ddeberry@wss-law.com> >; Dan Fox <DFox@DiamondBarCA.Gov <mailto:DFox@DiamondBarCA.Gov> >; Kristina Santana <KSantana@DiamondBarCA.Gov <mailto:KSantana@DiamondBarCA.Gov> > Subject: RE: Action Item for City Council 2185 was Reviewed : Diamond Bar General Plan Update and Climate Action Plan David, please resend with the attachment. Greg Gubman, AICP | Community Development Director City of Diamond Bar 909.839.7031 From: David A. DeBerry <ddeberry@wss-law.com <mailto:ddeberry@wss-law.com> > Sent: Wednesday, December 11, 2019 5:11 PM To: Greg Gubman <GGubman@DiamondBarCA.Gov <mailto:GGubman@DiamondBarCA.Gov> >; Dan Fox <DFox@DiamondBarCA.Gov <mailto:DFox@DiamondBarCA.Gov> >; Kristina Santana <KSantana@DiamondBarCA.Gov <mailto:KSantana@DiamondBarCA.Gov> > Subject: RE: Action Item for City Council 2185 was Reviewed : Diamond Bar General Plan Update and Climate Action Plan All, Here are my comments and track changes. My comments are obviously subject to the attorney/client privilege. David David A. DeBerry Attorney at Law 555 Anton Boulevard, Suite 1200 Costa Mesa, California 92626 714-415-1088 • Fax: 714-415-1188 ddeberry@wss-law.com <mailto:ddeberry@wss-law.com> www.wss-law.com <http://www.wss-law.com> CONFIDENTIALITY NOTICE – This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone at 714-415-1088 or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you. From: Greg Gubman [mailto:GGubman@DiamondBarCA.Gov] Sent: Wednesday, December 11, 2019 4:02 PM To: David A. DeBerry <ddeberry@wss-law.com <mailto:ddeberry@wss-law.com> >; Dan Fox <DFox@DiamondBarCA.Gov <mailto:DFox@DiamondBarCA.Gov> >; Kristina Santana <KSantana@DiamondBarCA.Gov <mailto:KSantana@DiamondBarCA.Gov> > Subject: RE: Action Item for City Council 2185 was Reviewed : Diamond Bar General Plan Update and Climate Action Plan Here are my thoughts. I’m suggesting that we add the City Council’s Balanced Energy Resolution to Appendix E of the Climate Action Plan as a way to be responsive to SoCalGas’s comments. Greg Gubman, AICP | Community Development Director City of Diamond Bar 909.839.7031 From: David A. DeBerry <ddeberry@wss-law.com <mailto:ddeberry@wss-law.com> > Sent: Wednesday, December 11, 2019 3:48 PM To: Greg Gubman <GGubman@DiamondBarCA.Gov <mailto:GGubman@DiamondBarCA.Gov> >; Dan Fox <DFox@DiamondBarCA.Gov <mailto:DFox@DiamondBarCA.Gov> >; Kristina Santana <KSantana@DiamondBarCA.Gov <mailto:KSantana@DiamondBarCA.Gov> > Subject: RE: Action Item for City Council 2185 was Reviewed : Diamond Bar General Plan Update and Climate Action Plan okay David A. DeBerry Attorney at Law 555 Anton Boulevard, Suite 1200 Costa Mesa, California 92626 714-415-1088 • Fax: 714-415-1188 ddeberry@wss-law.com <mailto:ddeberry@wss-law.com> www.wss-law.com <http://www.wss-law.com> CONFIDENTIALITY NOTICE – This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone at 714-415-1088 or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you. From: Greg Gubman [mailto:GGubman@DiamondBarCA.Gov] Sent: Wednesday, December 11, 2019 3:29 PM To: Dan Fox <DFox@DiamondBarCA.Gov <mailto:DFox@DiamondBarCA.Gov> >; David A. DeBerry <ddeberry@wss-law.com <mailto:ddeberry@wss-law.com> >; Kristina Santana <KSantana@DiamondBarCA.Gov <mailto:KSantana@DiamondBarCA.Gov> > Subject: RE: Action Item for City Council 2185 was Reviewed : Diamond Bar General Plan Update and Climate Action Plan David, To avoid crossing lines, let me send my adjustments to Dan’s redline/strikeout first before you weigh in. I should be done shortly. Greg Gubman, AICP | Community Development Director City of Diamond Bar 909.839.7031 From: Dan Fox <DFox@DiamondBarCA.Gov <mailto:DFox@DiamondBarCA.Gov> > Sent: Wednesday, December 11, 2019 2:35 PM To: Greg Gubman <GGubman@DiamondBarCA.Gov <mailto:GGubman@DiamondBarCA.Gov> >; David A. DeBerry <DDeBerry@wss-law.com <mailto:DDeBerry@wss-law.com> >; Kristina Santana <KSantana@DiamondBarCA.Gov <mailto:KSantana@DiamondBarCA.Gov> > Subject: RE: Action Item for City Council 2185 was Reviewed : Diamond Bar General Plan Update and Climate Action Plan Hi All, Sorry for the confusion. Apparently Accela does not like all of us working on this at the same time. Please see the attached redline version that I was working on from the body of the report. David, I tried to incorporate most of your comments. Not sure if there were more following where I noted on Tres Hermanos. Please review one more time and feel free to provide any additional revisions, corrections or additions on this redlined version. We will make sure to get the latest and greatest into the system. Appreciate all your efforts. Daniel Fox | City Manager City of Diamond Bar 909.839.7010 From: Greg Gubman <GGubman@DiamondBarCA.Gov <mailto:GGubman@DiamondBarCA.Gov> > Sent: Wednesday, December 11, 2019 12:41 PM To: David A. DeBerry <DDeBerry@wss-law.com <mailto:DDeBerry@wss-law.com> >; Kristina Santana <KSantana@DiamondBarCA.Gov <mailto:KSantana@DiamondBarCA.Gov> > Cc: Dan Fox <DFox@DiamondBarCA.Gov <mailto:DFox@DiamondBarCA.Gov> > Subject: RE: Action Item for City Council 2185 was Reviewed : Diamond Bar General Plan Update and Climate Action Plan David, Are you able to separately send your comments via direct email? I have not been able to locate the full text in Accela. Greg Gubman, AICP | Community Development Director City of Diamond Bar 909.839.7031 From: David A. DeBerry <NoReply@IQM2.com <mailto:NoReply@IQM2.com> > Sent: Wednesday, December 11, 2019 10:28 AM To: Kristina Santana <KSantana@DiamondBarCA.Gov <mailto:KSantana@DiamondBarCA.Gov> > Cc: Greg Gubman <GGubman@DiamondBarCA.Gov <mailto:GGubman@DiamondBarCA.Gov> > Subject: Action Item for City Council 2185 was Reviewed : Diamond Bar General Plan Update and Climate Action Plan Stage #3 of this Action Item for City Council has been Reviewed by David A. DeBerry and now needs to be reviewed by: Kristina Santana. Comment: I?ve approved, but suggest the following changes: Under Discussion and Analysis Rather than a generic statement, I suggest revising the first sentence to read, ?This section ? discusses the findings that the City Council must make prior to approving the General Plan Update given the EIR?s conclusion that it will result in some significant, unavoidable environmental impacts as further discussed below.? In the second sentence, I suggest adding the words, ?and are discussed below? at the end. Under Tres Hermanos Ranch Please replace the second paragraph with the following: ?While the Planning Commission did not directly recommend considering re-designating the Tres Hermanos Ranch as Open Space as part of the General Plan Update, staff recommends that the City Council not consider such a re-designation at this time. An Open Space designation was not studied as part of the EIR?s review of the General Plan Update and would have potential impacts on the EIR?s conclusion, the City?s Housing Element and possibly other General Plan elements, which impacts would need further study and cause significant delay to consideration of the General Plan Update itself. As the City Council is well aware, the City Council authorized litigation in 2017 to stop the development of a large solar farm on Tres Hermanos. The result of the litigation was a 2019 settlement between the cities of Industry, Chino Hills and Diamond Bar which resulted in the transfer of the 2,445-acre Tres Hermanos Ranch (695 acres in Diamond Bar and 1,750 acres in Chino Hills) to a re-constituted Tres Hermanos Conservation Authority (THAC). Diamond Bar is a member of the THAC along with the cities of Chino Hills and Industry. The stated purpose of the THAC is to coordinate the overall conservation, use and potential improvement of Tres Hermanos through collaboration by the member cities. The transfer has been challenged in court by the purported developer of the large solar farm and currently Click here to Review online <https://DiamondBarCA.iqm2.com/Agency/LegiFile.aspx?ID=2185> Diamond Bar General Plan 2040 and Climate Action Plan. <https://DiamondBarCA.iqm2.com/Agency/LegiFile.aspx?ID=2185> ATTACHMENTS * Resolution No. 2019-XX, Certifying the Final EIR, Adopting Findings of Fact/Statement of Overriding Considerations, and Approving the MMRP for the DB General Plan Update & Climate Action Plan <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3274&IsMinuteTraqRequest=True> * Resolution No. 2019-XX, Approving the Diamond Bar General Plan 2040 <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3275&IsMinuteTraqRequest=True> * Resolution No. 2019-XX, Approving the Diamond Bar Climate Action Plan 2040 <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3276&IsMinuteTraqRequest=True> * Planning Commission Reso 2019-16 - EIR Certification <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3280&IsMinuteTraqRequest=True> * Planning Commission Reso 2019-17 -General Plan Update <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3281&IsMinuteTraqRequest=True> * Planning Commission Reso 2019-18 - Climate Action Plan <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3282&IsMinuteTraqRequest=True> * Planning Commission 12/4/19 Staff Report (excluding attachments) <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3287&IsMinuteTraqRequest=True> * Diamond Bar General Plan 2040 Public Hearing Draft <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3288&IsMinuteTraqRequest=True> * Diamond Bar Climate Action Plan 2040 Public Hearing Draft <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3289&IsMinuteTraqRequest=True> * Final EIR <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3290&IsMinuteTraqRequest=True> * Comments submitted for 12/4/19 Planning Commission meeting <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3293&IsMinuteTraqRequest=True> INFORMATION Department: Community Development Category: Public Hearing Meeting: Dec 17, 2019 6:30 PM - City Council