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HomeMy WebLinkAbout03/19/1991 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 19, 1991 CALL TO ORDER: M/Werner called the meeting to order at 6:00 p.m. in the Council Chambers, W.V.U.S.D., 880 S. Lemon Avenue, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance ALLEGIANCE: by Boy Scout Troop 777. ROLL CALL: Mayor Werner, Mayor Pro Tem Forbing, Councilmen Nardella, Papen and Kim. Also present were City Manager Robert L. Van Nort, Assistant City Manager Terrence L. Belanger, City Attorney Andrew V. Arczynski, Director of Planning James DeStefano, City Engineer Sid Mousavi and City Clerk Lynda Burgess. COUNCIL COMMENTS: C/Nardella announced that an opening existed on the Traffic & Transportation Commission and that parties interested in serving may submit a letter or resume to City Hall. C/Papen stated that she had attended a Senate hearing on reapportionment and elections and submitted written testimony from the City urging { I that the entire City be included into one jurisdictional boundary in lieu of the current two districts. She further stated that it appears that there will be two districts in the San Gabriel Valley, namely, the East and West. At the request of MPT/Forbing, Council directed the City's delegate to the California Contract Cities to vote for Bea Lapisto from the City of Bradbury for the office of Treasurer when the organization holds its election on March 20, 1991. M/Werner stated that his past year as Mayor has had a positive influence on him and that he hoped it had been the same for both the Council and the community. PUBLIC COMMENTS: Mr. Clair Harmony complimented M/Werner on the positive results of his leadership. Ms. Brenda Anaya, Field Representative for Assemblyman Paul Horcher, presented M/Werner with a Certificate of Recognition for his past and present dedication to the City. She also presented MPT -Elect Kim and M -Elect Forbing with i Certificates of Recognition. CONSENT CALENDAR: C/Kim moved, seconded by MPT/Forbing to approve the Consent Calendar with the exclusion of Items 7, 10 and 13. Motion carried by the following Roll Call vote: MARCH 19, 1991 PAGE 2 AYES: COUNCILMEN - Nardella, Papen, Kim, MPT/Forbing, M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Schedule Future A. Planning Commission - March 25, 1991 - 7:00 Meetings p.m., W.V.U.S.D. Board Rm., 880 S. Lemon Ave. B. Parks & Recreation Commission - March 28, 1991 - 7:00 p.m., Community Room, 1061 S. Grand Ave. C. City Council Meeting - April 2, 1991 - 6:00 p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave. D. 2nd Anniversary Celebration - April 13, 1991 - 7:00 a.m. to 4:00 p.m., Diamond Bar High School Approval of Approved Budget Study Session Minutes of February Minutes 26, 1991 and Regular Meeting of March 5, 1991. Warrant Register Approved Warrant Register dated March 19, 1991 in the amount of $190,622.27. Parks & Received and filed Parks & Recreation Commission Recreation Minutes of February 14, 1991 and February 28, Comm. Minutes 1991. Planning Comm. Received and filed Planning Commission Minutes Minutes of February 25, 1991. SEATAC Minutes Received and filed SEATAC Minutes of February 4, 1991. Final Map #18722 Approved Final Map No. 18722; authorized the City Country Hills Engineer to execute the map and directed the City Clerk to certify and process it for recordation. Award of Contract- Awarded contract to Intersection Maintenance Median Reconst. Service and authorized staff to proceed with & Traffic Signal construction. Constrctn - Grand Ave. at Shotgun Ln. Letter of Intent- Approved preparation of a Letter of Intent and Support L.A. Cnty. authorized the Mayor to sign said letter on Sheriff in Bid to behalf of the City. Host 1993 Police Summer Games Pathfinder Approved Agreement with the County of L.A. Bridge Proj. and authorized City Clerk to submit it to City/Cnty. the County for execution. Coop. Agrmnt. MARCH 19, 1991 PAGE 3 MATTERS WITHDRAWN FROM CONSENT CALENDAR: Resolution 91 -XX CM/Van Nort stated that this was being withdrawn Urging Citizens due to the fact that with the recent rains, 30% & Water Users to cutbacks may not have to be implemented. Comply w/Water Regulations Purchase of C/Nardella moved, C/Kim seconded to authorize Computer Sys. expenditure of $800 toward purchase of a computer to Aid in Control system to aid in control of gangs. With the of Gangs for following Roll Call vote, motion carried: Walnut Sheriff AYES: COUNCILMEMBERS - Papen, Kim, Nardella, MPT/Forbing, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None Resolution 91-12 C/Kim suggested that the City Engineer meet with Authorizing LACTC to discuss a "Demonstration Project" for Exchange of advanced technology. Further, he requested that Prop A (Local matters requiring Council action on expenditure Return Transit of funds not be placed on the Consent Calendar in Funds) for the future. t City of Commerce General Funds Following further discussion, C/Kim moved, C/Nardella seconded to adopt Resolution No. 91-12 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING AND APPROVING THE EXCHANGE OF PROPOSITION A (LOCAL RETURN TRANSIT FUNDS) FOR THE CITY OF COMMERCE GENERAL FUNDS. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - Kim, Nardella, Papen, MPT/Forbing, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None SPECIAL PRESENTATIONS: Certificate of M/Werner and C/Kim presented a Certificate of Appreciation - Appreciation to Mr. & Mrs. John Park, owners of Mr. & Mrs. Diamond Bar Cleaners, for cleaning U.S. Flags John Park without charge. The cleaners is located in the Country Hills Towne Center, 2089 S. Diamond Bar Blvd. Proclamation - M/Werner proclaimed support of "Operation Desert Operation Home" and urged all residents to display yellow Desert Home" and U.S. Flags. Proclamation - M/Werner proclaimed April 1 - 7, 1991 as "Public "Public Health Health Week." Week" MARCH 19, 1991 PAGE 4 OLD BUSINESS: 2nd Anniversary Admin. Analyst Kellee Fritzal reported on the Celebration status of the preparations being made for the City's 2nd Anniversary scheduled for April 13, 1991 at Diamond Bar High School. C/Nardella expressed concern regarding the lack of publicity and suggested that advertisements be made over cable television. M/Werner suggested that flyers be given community organizations, such as Rotary, Lions, church groups, etc. In response to Council's questions, Ms. Fritzal advised that Prop A money was to be used for the shuttle service and that emergency kits would be available through the Diamond Bar Improvement Association. Further, the Parks & Recreation Commission had not been actively involved in the planning of the celebration but had been advised of all arrangements. In addition, she reported that $4,000 had been budgeted for the event and that contributions received and revenues collected by Alta Ski and Sport for the run/walk will be donated to the City. M/Werner requested that a sample of the shirt be brought to the April 2nd meeting. Contract CE/Mousavi stated that at the March 5, 1991 meet - Engineering ing, staff had requested authorization to award Services Traffic Engineering Services contracts to DKS Associates and to Warren Siecke. Council reviewed the report and requested additional information, specifically in the areas of budget and expendi- tures in Engineering and Public Works. He pointed out that Paragraph 2 of the report regarding the $65,000 allocation should be amended to read $60,000. He recommended that developers be charged in addition to outside funding sources for the traffic engineering and soil engineering services that are needed. Only when traffic studies are requested by City officials would General Fund monies be used. In addition, he requested that Council set a policy direction for staff to follow. M/Werner suggested that the Council consider establishment of a list of available firms for a period of 12 months, on an "as needed" basis, beginning immediately. He further stated that an exclusive agreement had recently been terminated with one engineering company and that he could not MARCH 19, 1991 PAGE 5 understand why the two companies being recommended are the only two firms who would be able to satisfy the City's needs. CA/Arczynski stated that the term "exclusive" does not mean that there is a guarantee to either firm that no matter what traffic engineering services are needed, these firms will be used. M/Werner suggested that Council establish policies by which staff can go about procuring.services needed for purposes identified. C/Kim suggested that Council approve funding for the remaining fiscal year. Staff could come back with another recommendation in the next fiscal year. C/Nardella asked if there would be anything to prevent staff from finding other qualified firms and signing the same contract with those firms. CA/Arczynski indicated that that was not a problem. Following discussion, M/Werner moved that the matter be tabled and direct staff to follow the procurement policy already in place. Motion died for lack of a second. Following further discussion, C/Papen moved, MPT/Forbing seconded to approve contracts for a period of one year with DKS & Associates and Warren Siecke. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - Papen, Kim, MPT/Forbing NOES: COUNCILMEMBERS - Nardella, M/Werner ABSENT: COUNCILMEMBERS - None Ordinance 8A CA/Arczynski presented for 2nd reading by title (1990) Amending only Ordinance No. 8A (1990) entitled: AN Secs. 3203 & ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3204, Title 26 DIAMOND BAR AMENDING SECTIONS 3203 AND 3204 OF (Bldg. Code) TITLE 26 (BUILDING CODE) OF THE LOS ANGELES Pertaining to COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING Roof Covering TO ROOF COVERING REQUIREMENTS. Requirements MPT/Forbing moved, C/Kim seconded to approve for second reading by title only, waive full reading 1 I and adopt Ordinance No 8A (1990). In response to C/Papen's request for staff comments on the effect of this Ordinance, CA/Arczynski replied that the Ordinance would change the minimum requirements for roof coverings MARCH 19, 1991 PAGE 6 within the City. It would also change the definition of acceptable roof coverings with respect to fire hazard areas and would preclude the use of wood roof coverings that don't meet specific requirements of the Fire Code for fire resistance, which basically means no wooden roof coverings. There is also a provision permitting individuals to reroof small areas of their home if they have, for example, a shake roof and a portion is damaged by wind, rain, lightening or fire. The roof could be replaced with the same materials, so long as it does not exceed 25% of the roof. If it goes over 25% in any given year, then the roof would have to be replaced or that portion must be replaced with the appropriate type of roofing materials. The idea is to minimize, to the extent humanly possible, the fire danger that exists because of the winds and dryness. At the request of M/Werner, a representative from the Fire Department stated that the Department looks at wood shake roofs unfavorably as they transmit fire, not impede it. Following discussion, Ordinance No. 8A (1990) was adopted by the following Roll Call vote: AYES: COUNCILMEMBERS - Papen, Kim, Nardella MPT/Forbing, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None RECESS: M/Werner declared a recess at 7:20 p.m. RECONVENE: M/Werner reconvened the meeting at 7:30 p.m. PUBLIC HEARINGS: Resolution 91-13 M/Werner announced that C/Nardella left the room Certifying EIR due to a potential conflict of interest. 91-1 & Approving TTM 47722 - West PD/DeStefano reported that the proposed project is of Derringer Ln. for 13 custom single family homes on a 19 -acre & North of site located within "The Country" on Derringer Ln. Ridgeline Rd. and that an EIR was required. In October, 1990, the Planning'Commission denied the original pro- ject consisting of a 16 -unit subdivision with extensive grading and removal of ten mature oak trees. Shortly thereafter, the Council adopted new interim hillside development standards and this project is the first to embrace the new standards. The Planning Commission reviewed the revised project and recommended approval in late January. Lots will range in size from 1/2 acre to about 3 1/2 acres and the building pads will cover MARCH 19, 1991 PAGE 7 1/4 acre to over 1/2 acre. The pads will be developed with customized single family homes from approximately 5,000 to 10,000 sq. ft. Building pads have been placed closer to the street and further away from the slopes. Following a slide presentation and a discussion of the EIR process, PD/DeStefano stated that the Planning Commission and staff recommended adoption of a Resolution approving and certifying the EIR and approval of the tentative tract map with the variety of findings and conditions listed within the report. C/Papen asked about the concerns expressed by a potential neighbor regarding a discrepancy in the lot line. PD/DeStefano explained that the maps indicate a property line that appears to extend into lots 78 and 79 in the northerly portion of the site. The gentlemen expressing concern resides on one of those two lots. Once the final survey has been completed, the property line discrepancy will be resolved. CA/Arczynski indicated that this is the first project to be reviewed which includes a "mitiga- tion monitoring program" condition of approval. State law recently required that the public entity that approves projects not only impose appropriate mitigation measures but establish, through contracts, mitigation monitoring programs at the applicant's expense to insure that those mitiga- tion measures are, in fact, put into effect. M/Werner declared the Public Hearing open. Mr. Frank Piermarini, President of Piermarini Homes, indicated that revisions include the removal of the majority of proposed crib walls, no removal of oak trees, relocation of half the gas line, lowered density from 16 to 13 units, reduced amount of grading leaving more natural terrain untouched and conformity with the new hillside Ordinance recently adopted. In addition, reduction of the length of the street from 1600 to 1400 ft. and creation of a second emergency access road for access by the gas company, fire department, etc. Mr. Jim Paul, 1269 Ahtena Dr. , stated that he was against the project due to water rationing. There should be a moratorium on building or issuance of new permits until the shortage is alleviated. MARCH 19, 1991 PAGE 8 Mr. Bill Cordova, resident of the Country, stated that he had never heard about the proposed project until this meeting. Mr. Pat Brashear, 23497 Coyote Springs Dr., stated that he was against the development. Mr. Piermarini replied that the property is zoned R-1-10,000 (4 lots per acre); the gas line will be controlled by So. Calif Gas and they will take total responsibility for the removal of the line and the landslide areas are to be recompacted. He further stated that he had met with surrounding property owners and the Board of Directors for the Country and was asked if he would annex the property. Mr. Lex Williman, Don Sager & Associates, stated that the gas line is a two -end feed which will enable the Gas Co. to shut it down, perhaps during grading. A soils report has been prepared identi- fying slides in the area and mitigation efforts are being explored to alleviate the possibility of slides. The crib walls that have been retained on the project are there only for access to the site; all others have been removed. Mr. Red Calkins, 240 Eagle Nest Dr., also spoke in opposition to the development due to the water shortage. Mr. Williman stated that during the construction phase, the water is regulated by the water district, construction meters are given for development and regulated by the District. Once the homes are built, they will have drought tolerant plants, low flow shower heads and low water use toilets will be installed. Mr. King stated that he had prepared the EIR and that the developer is required by City Code to water the site during grading to keep dust down. He further explained that, in response to M/Werner's question, the use of secondary water for grading purposes would not be a problem; however, it would be up to the County and Regional Health Departments to act on the issue, but it is currently under discussion due to the drought situation. A detailed soils analysis was conducted and 80,000 yards of grading is necessary due to the excavation and recompaction of all the areas in the site that were identified as hazard- ous, whether being built on or not. MARCH 19, 1991 PAGE 9 With no further testimony offered, M/Werner closed the Public Hearing. C/Papen asked the City Attorney to address the issue of the water shortage, the City's and the Water District's responsibilities in continuing to issue permits, the City's liability regarding the stability of the hills and why the tennis courts were not permitted to have lights. PD/DeStefano stated in respect to the water short- age, the Water District provides permits for the type of project to take place. Whether or not the City wishes to take the issue further, there are broader based issues due to the fact that it could also affect a wide variety of other projects. The use of rain water or reclaimed water, if it is a continued concern of the Council, can be added to the report as one of the conditions. The decision of the Planning Commission regarding the issue of lighting in the tennis courts was due to possible light spillage onto adjacent homes. CA/Arczynski stated that the real issue is the City's authority to decline permits or deny projects based upon factors that are beyond its control. The Water District, or the environ- mental process has, to this point said that the project can be served. For the City to say it is not going issue permits or approve the map due to concern about water would be usurping the powers of the Water Board. The City does have authority, however, to require the use of low flow water devices. With respect to slope liability, either during or after construction, it is the devel- oper's problem and/or the property owner's. C/Kim commended staff and the Planning Commission on their work on this project --especially in the areas of density control and preserving oak trees. He indicated that he was concerned over the "shift flow" situation, the outlay of the cul-de-sac, as there should be some protection in the event of a driver's failure to maneuver. He recommended that staff look into the usage of reclaimed water and possible negotiations with the Golf Course to share reclaimed water. Following discussion, CA/Arczynski stated that the following changes would be made to the conditions: Item 4 would change from "building" to "grading permits"; a sentence would be added at the end of Item 13 to read "to the extent permitted by appropriate health authorities, reclaimed water, as available, shall be used for all grading MARCH 19, 1991 PAGE 10 activities"; Item 15, 4th line, would be amended to read "or annexation to The Country Homeowners Association"; deletion of Item 23; Item 25 would be changed from "Crib walls may be allowed if all reasonable..." to "Crib walls may be allowed adjacent to Lots 4 and 5 if all reasonable..." Mr. Piermarini asked for clarification of Item 13. CA/Arczynski stated that the Health Department would have to approve the use of reclaimed water and if it is available, reclaimed water would have to be used for all grading activities. Mr. Piermarini indicated that he agreed with all requests made by Council. C/Papen moved, C/Kim seconded to adopt Resolution No. 91-13, as amended, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CERTIFYING ENVIRONMENTAL IMPACT REPORT 91-1 AND APPROVING TENTATIVE TRACT MAP 47722 TO PERMIT THE DEVELOPMENT OF A THIRTEEN LOT SINGLE FAMILY UNIT RESIDENTIAL PROJECT ON A NINETEEN ACRE SITE, ZONED BOTH R-1-1-,000 AND R-1-40,000 AND LOCATED WEST OF DERRINGER LANE, NORTH OF RIDGELINE ROAD, DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Kim, Papen, MPT/ Forbing, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None ABSTAIN: COUNCILMEMBERS - Nardella SWEARING-IN OF NEW MAYOR AND MAYOR PRO TEM: M/Werner administered the Oath of Office to Mayor - Elect John Forbing effective April 1, 1991. M/Forbing administered the Oath of Office to Mayor Pro Tem -Elect Jay C. Kim effective April 1, 1991. M/Forbing then presented C/Werner with a gavel symbolic of his year has Mayor. PUBLIC HEARINGS (Cont1d.) Amendment to Mr. Irwin Kaplan, City Planner, reported on a Ordinance conditional use procedure whereby churches would 15A (199) Re be permitted in C -M Zones but that the Interim Quasi -Public Ordinance currently prohibits such uses. The Uses Within Planning Commission recommended that the Council C -M Zones consider permitting such uses through issuance of MARCH 19, 1991 PAGE 11 a Conditional Use Permit. Virtually all churches are currently located in residential zones, which means that churches in the C -M Zone would be a departure from existing development patterns. At the meeting of February 11, 1991, the Planning Commission recommended approval of an amendment to the Interim Ordinance for C -M zones in which institutional uses would be permitted by CUP secured by a development agreement or, if appro- priate, by a development agreement without the use of a CUP, which defines specific conditions of development such as the location of the institu- tional use on the parcel, types and intensity of use and an appropriate level of fees and/or charges to offset or compensate the City for revenue opportunities foreclosed as a result of development of commercial property for institu- tional use. In determining such fees or charges, the City would take into account amenities, services or improvements provided by the institu- tional use which would be of benefit to the community. To accomplish this, it was suggested that a fiscal impact analysis be conducted which would begin to establish the framework for ^' discussion as to what the values would be to the community. That fiscal impact analysis would take into consideration the benefits that would be credited in making the calculations. He Also suggested that institutions be more broadly defined (quasi -public use, use operated by private non-profit, educational, religious, recreational, charitable or medical institutions such as having the purpose primarily of serving the general public and including uses such as churches, private schools, and universities, community, youth and senior citizen recreational facilities, private hospitals and the like). The following additional regulations were suggested: quasi - public uses in the C -M zone shall be compli- mentary with and subordinate in size, scale and intensity to its adjacent existing or potential commercial development. This criteria is designed to retain the primary use of C -M zones for commercial purposes. Further, the Commission recommended a program for the provision of amenities, services and improvements and/or fee structures which establishes the value of both capital improvements and/or annual charges as may be deemed reasonable and appropriate and final action on the Commission's recommendation would be incorporated into a development agreement. C/Papen asked what the fiscal impact would be as a result of removal of a particular property from a C -M Zone. MARCH 19, 1991 PAGE 12 Mr. Kaplan stated that a fiscal impact analysis would look at the type of development, charac- teristics of the area which might be anticipated and evaluate that versus the type of development of the quasi -public use which could take place in the area. It would also look at the proposals specifically for the quasi -public use and deter- mine what types of amenities or benefits might accrue to the community which would become the basis for the fiscal impact analysis. PD/DeStefano stated that the numbers run were based upon a conceptual project that could occur based on the present zoning on the 28 acres located at Grand and Golden Springs, which is the focus of the church use in the C -M zone. If the 28 acres were brought down to developable size and multiplied by the amount of buildings that could be placed there for a shopping center, multiply the shopping center size times the typical retail dollars spent per square foot in a shopping center adding it to the City's share of the property tax bill with a theoretical project, $200,070,000 per year could be generated. A multiple office build- ing could also be constructed on the same 28 acres discounted by the developable land. An office project would be larger in square footage than the retail center project but would generate very little in retail sales tax or point of sale tax. The only taxation of an office building is that which may be generated by goods or services sold at the site which generally is very small. As to the legal aspects discussed, CA/Arczynski stated that discussions that have taken place with the Planning Commission and staff have lead them to believe that some type of consideration by way of either a conditional use permit process, devel- opment agreement requirement or whatever may be needed, some type of return to the community could be appropriate. He indicated that the action before Council was to receive testimony with respect to the proposals that have been framed by the Commission and either direct staff to prepare the appropriate Ordinance to effectuate them or return them to the Planning Commission for further discussion and analysis. A third alternative would be to take back the issue and put it in line with the Development Code and General Plan Process and deal with it all as one package. M/Werner declared the Public Hearing open. Mr. Randy Hertel, Majestic Realty, 13191 Crossroads Parkway N., Industry, stated that his MARCH 19, 1991 PAGE 13 company is involved in a piece of property related to the issue before the Council. He discussed what has transpired since the Council considered the matter in November 1990 and stated that he supports the quasi -public uses in C -M Zones subject to Conditional Use Permits. The following persons spoke in favor of a pro- vision to allow quasi -public uses in C -M Zones through the CUP process: Michael & Georgiana Rodriguez, 245 Cottonwood Cove Gus Reza, 600-D N. Golden Springs Guy L. Benfante, 22832 Hilton Head Dr., #111 presented over 140 petitions from D.B. residents who support the Chapel. Gail L. Rusnak, 1104 S. Cleghorn Dr. Michael Maddox, 24046 Willow Creek Rd. Anthony Ramirez, 23737 Golden Springs Dr. I~ Ken Ybarra, 616 N. Looking Glass Dr. Daniel J. & Brenda Kelly, 215 N. Platina Dr. Rafael & Linda Carerra, 745 S. Panhandle Dr. David Kane, 21050 Chirping Sparrow, Brea Sarah Trina, 448-G N. Golden Springs Jeff Milinson, resident of Diamond Bar Victor Pinquenlez, resident of Diamond Bar Sheena Walls, resident of Diamond Bar Kathy Trujillo, resident of Diamond Bar Cecilia Gonzalez, resident of Walnut Mike Villareal, 24135 Palomino Priscilla Castaneda, 21202 Choctaw Dr. Kim Reuland, 2306 Shady Hills presented petitions signed by D.B. residents in favor of the Chapel. Ron Kasman, resident of Diamond Bar Alfred & Denise Cuevas, 3448 Crooked Creek Dr. MARCH 19, 1991 PAGE 14 Bernie Grant, representative of Calvary Chapel, West Covina, stated that it was not the intent to make the property at Grand Ave. and Golden Springs the focus of this issue, but hoped the City would allow the church in the C -M zone with a CUP. The intention is to convert the existing building to a church, offices, school, etc. while the remaining property would be for future development. Arlene Reyes, resident of Diamond Bar Jeff Clifford, resident of Diamond Bar With no further testimony offered, M/Werner closed the Public Hearing. C/Papen stated that the City is going through a General Plan review at this time. She was concerned about the proper use of the property, the number of people involved in the issue and the impact on traffic congestion. M/Werner stated the issue is not about a church, but whether a church, hospital or other non - retail -generating revenue activity will fit in with the future viability of the City. Further, the Planning Commission suggested a fiscal impact report and an Ordinance for Council evaluation. He suggested that the Planning Commission frame the Ordinance in the direction suggested in terms of fiscal analyses and include "if an institu- tional use were to be located in a prime commer- cial area, how is that going to be, in terms of marketability, of the remainder of that commercial use." C/Nardella stated the opinions expressed by the public were very important; however, the issue before the Council was consideration of an Ordinance to allow a particular type of use in a commercial zone. As part of the Council's responsibility in setting a course for the next 10 to 15 years, several studies were initiated with their conclusions intended to measure the progress of the City. He further stated that a change at this point would be premature until such time as the General Plan Committee reports on the City's needs. C/Kim stated although he was inclined to favor a resolution, he concurred with Council that the General Plan should be looked at in order to determine the long term impacts on the community. MARCH 19, 1991 PAGE 15 MPT/Forbing stated that he was in agreement with M/Werner regarding an ordinance to allow quasi - public use; however, it is the responsibility of the Council to watch over the financial aspects of the City and the sources of income the City has available must be considered. CA/Arczynski explained that the matter would have to go back to the Commission for review and recom- mendation, perhaps in the form of an Ordinance, which would then be brought back to the Council at another Public Hearing in approximately 45 to 60 days. Mr. Kaplan stated that an Ordinance could be prepared to identify how to apply for a condi- tional use permit and/or development agreement. There can be an Ordinance in place and the church can begin to process an application under the Ordinance, but the City would not be prepared to make an evaluation until the General Plan is adopted, and it would still be a conditional use permit, which means that 1f the conditions are not _-_ satisfied, the permit need not be approved at all. CA/Arczynski stated that the finding that Council must make to adopt this type of Ordinance is that while there is no General Plan, it is likely that the adoption of such an Ordinance would not be in conflict with a proposed General Plan or ultim- ately detrimental to what the proposed General Plan will say when it is completed. The issue is whether the Council is ready to make a finding that such an Ordinance complies with what the General Plan will likely be, and if it doesn't, that it isn't detrimental to the Plan. Following discussion, C/Kim moved to direct staff to prepare an Ordinance for future consideration and at that time, compare it with the General Plan. Further, direct staff to prepare the necessary conditions. MPT/Forbing seconded the motion. C/Nardella suggested that staff draft an Ordinance to be used for this particular use as well as any number of other changes. Further, he felt that there was not enough information to adopt the Ordinance; however, if an Ordinance is adopted, it does not mean the applicants looking for this type of exemption would be guaranteed. C/Papen stated that she disagreed with the motion, because Council should set policy before the proper plans are in place. MARCH 19, 1991 PAGE 16 M/Werner stated that the draft Ordinance should include a fee mechanism providing that a developer pay staff or consultant costs whenever a proced- dural adjustment such as this is requested. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Nardella, Kim, MPT/ Forbing, M/Werner NOES: COUNCILMEMBERS - Papen ABSENT: COUNCILMEMBERS - None NEW BUSINESS (Cont'd.) Council Committee Council concurred with appointments to committees Appointments as outlined on the staff report. ANNOUNCEMENTS: C/Papen expressed concern over the lack of adopted fees based on AB1600 because Council had just approved their first project based on the County's fee structure. Further, she requested staff to ask the Planning Commission to look at parking requirements for commercial developments, espec- ially the number of compact car spaces allowed and the ratio per use. C/Kim stated that it was his understanding that the Pathfinder Bridge Project would cost approx- imately $2.4 million --$300,000 from CalTrans, $300,000 from County Prop A and $547,000 from Prop A funds exchanged with LACTC and wanted to know where the remaining $900,000 will come from. He suggested that since there is a potential development on the other side of Pathfinder, it might be wise to increase development fees to partially pay for the Pathfinder widening and asked staff to look into this. He also expressed concern regarding Grand Ave. traffic, which is not improving, and requested that the City Attorney look into the concept of a toll road fee. He also asked the City Engineer to see what could be done to make Grand Ave. more miserable to drive and therefore, force drivers to utilize Chino Hills Parkway more. This could be accomplished by more signals, lower speed limits, etc. He announced that Supervisor Deane Dana had indicated an interest in working with the City to either buy or exchange the Country Club land with the County and he requested that staff report on this issue at a future meeting. MPT/Forbing thanked Council for appointing him as Mayor. MARCH 19, 1991 PAGE 17 M/Werner congratulated both M/Forbing and MPT/Kim. ADJOURNMENT: With no further business to conduct, M/Werner adjourned the meeting at 11:35 p.m. LYNDA BURGESS, Cite Clerk ATTEST: M y