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HomeMy WebLinkAbout06/30/1992 Minutes - Adj. Regular MeetingMINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 30, 1992 1. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: 2. NEW BUSINESS: M/Kim called the meeting to order at 7:02 p.m. in the Council Chamber, AQMD Auditorium, 21865 E. Copley Dr. The audience was led in the Pledge of Allegiance by Mayor Kim. Mayor Kim, Councilman Forbing, Miller and Werner. Mayor Pro Tem Papen was excused. Also present were Terrence L. Belanger, Acting City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Director of Community Development; George Wentz, Public Works Director/ Interim City Engineer; Bob Rose, Parks & Recreation Director and Lynda Burgess, City Clerk. 2.1 Lease with Option to Purchase /memorandum of Lease - ACM/Belanger stated that the Walnut Valley Water District declared a 4.01 -acre site located on Brea Canyon road as surplus property and the City has the first right of refusal to purchase the property. Staff recommended that the City Council pick up its option to purchase the property over a four year period of time. The property is a part of the CIP and was reviewed by the Planning Commission pursuant to Government Sections 65401 and 65402. An existing appraisal on the property shows that the value indicated is consistent with the market. C/Werner asked if the City would be precluded from subleasing the property under Section 5, Use. CA/Arcyznski stated that the Agreement allows the City to use the property for any lawful public purpose. The scope of the City,s abilities to use property for various purposes is virtually unlimited in staffs, view. C/Werner stated that wording such as public use would prohibit private use. CA/Arczynski stated that it would during the term of the lease. If the City uses its option to purchase, then that term would be irrelevant. Max Maxwell, 3211 Bent Twig Ln., asked why the City would want to purchase this property and suggested that matters of this nature should be publicized so that the public would have an opportunity to speak on them. JUNE 30, 1992 PAGE 2 ACM/Belanger stated that the Planning Commission reviewed this matter two times as part of their statutorial review of the CIP for FY 92-93; and the matter has been publi- cized. Further, the property can be used, as indicated by the City Attorney, for any lawful purpose. At the present time, the General Plan land use designation on the property is "public facility." He indicated that the site is the lower half of the property along Brea Canyon Rd. that generally runs from the commercial buildings to the west of Brea Canyon Rd. at the Pathfinder inter- section down to the first housing development. Mr. Maxwell asked if the City had any plans for the property. ACM/Belanger stated that, at the present time, there are no plans for the property. However, it would add to the City's assets and allow the City to determine how the land should be utilized. CA/Arczynski stated that if a state agency condemned the property, the City would be entitled to just compensa- tion. Clair Harmony, 24139 Afamado, asked how many appraisals were received, the justification for purchasing the property and how it f its in if the State goes through with their anticipated revenue changes. He indicated that if only one appraisal had been conducted, he felt that the City would be in violation of State law. CA/Arczynski stated that one appraisal had been conducted by a qualified appraiser and that he was not aware of any rule that states that three appraisals need to be received or that one needs to be received at all. ACM/Belanger stated that there is no dispute between the Water District and the City in regard to the value of the property and that the square foot value of the property is $2.64. He further reported that the Planning Commission thoroughly reviewed all nine projects listed in the CIP for FY 92-93, which included this property. Don Schad, 1824 Shaded Wood Rd., asked whether usage of the property would destroy the ridgeline. ACM/Belanger stated that it is unknown at this time whether or not the ridgeline would be destroyed. Mr. Schad reported that the GPAC expressed a desire that no further ridgelines be destroyed. William Gross, 21637 High Bluff spoke in opposition to the City's purchase of land at this time. JUNE 30, 1992 PAGE 3 Wilbur Smith, 21630 Fairwind Ln. asked if the City can afford to purchase the land and ACM/Belanger replied that money has been put into the budget to purchase the property and it does not appear that there will be any problems with pursuing this. Following discussion, C/Forbing moved, C/Miller seconded to approve the agreement and authorize the Mayor and City Manager to complete the documents. C/Werne? asked if the City had any obligation to conduct a public hearing and whether the matter could be con- tinued for two weeks. 11 CA/Arczynski stated that there is no legal requirement for a lic hearing in regard to the acquisition or dispostt`ion of property unless a city is disposing of a park or piece of property. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, Werner, M/Kim NOES: COUNCILMEN - None ABSENT; COUNCILMEN - MPT/Papen 2.2 Consideration of request to name the Oak as the Official City $ree - ACM/Belanger stated that the Parks & Recreation Commission had recommended designation of the oak tree as the official City tree. He reminded the Council that the City currently has a tree preservation ordinance that singles out the oak tree for special consideration in development proposals. Lydia Plunk, 1522 Deerfoot Dr., stated that the Parks & Recreation Commission had waited for a full year for this recommendation to come before Council and discussed the events that lead to this recommendation. Don Schad, 1824 Shaded Wood Rd., spoke in favor of naming the Oak as the official City tree. Don Gravdahl, 23988 Minnequa, suggested that instead of naming the Oak as the City tree, that it might be better to select a tree that would be closer to what the average homeowner would plant as well as using that type of tree in parkways. C/Forbing stated that rather than picking a particular -- tree, Council may wish to look into having the City designated as a "Tree City." PRD/Rose .gave a brief report on the "Tree City USA Program" operated by the Arbor Day Foundation which recognizes cities for their efforts in urban forestation of all variety of trees. There are four criterion that JUNE 30, 1992 3. PAGE 4 must be met to be awarded the Tree City designation which are: appointment of a volunteer commission; adoption of a city tree ordinance dealing with public parkway and park trees; commitment to budget a community forestry program with an annual budget of at least $2.00 per capita; and agreement to conduct an Arbor Day celebration and issue an official City Proclamation in honor of Arbor Day. These criterion are already being met or can easily be met. He further stated that the forestry program currently exceeds the criteria and that the ordinance recommended by the Foundation deals specifically with the Tree City USA Program, which would need to be adopted. C/Werner asked whether the naming of a specific tree would be in conflict with the Tree City USA Program. PRD/Rose stated that it would not conflict. Following discussion, C/Werner moved, M/Kim seconded to approve the Parks & Recreation Commission's recommen- dation to name the Oak as the official City tree. With the following Roll Call vote, motion failed: AYES: COUNCILMEN - Werner, M/Kim NOES: COUNCILMEN - Miller, Forbing ABSENT: COUNCILMEN - MPT/Papen C/Miller requested staff to provide further information regarding the Tree City USA Program. PUBLIC HEARING: 7:00 p.m. or as soon thereafter as matters can be heard. 3.1 Draft General Plan - CDD/DeStefano indicated that this Hearing was scheduled to discuss the Housing and Resource Management Elements (Open Space and Conservation). He discussed the Housing Element and stated that it is a comprehensive assessment of current and projected housing needs for all segments of the community and all economic groups. It embodies policy for providing adequate hous- ing and includes action programs for this purpose. It is the most highly regulated element of the seven mandatory elements required by State law. This element is a compo- nent of the Plan for Community Development. Addition- ally, the Conservation and Open Space Elements will be discussed, which is under Resource Management. The Plan for Resource Management was reviewed by the Parks & Recreation Commission and Planning Commission. The Conservation Element addresses conservation development and use of natural resources, including water, forests, soils, rivers and mineral deposits. The Open Space Element details plans and measures for preserving open space for natural resources, the managed production of resources, outdoor recreation needs, public health and safety issues and identification of agricultural land. JUNE 30, 1992 PAGE 5 In regard to changes to the Land Use Element specified by the Council the previous week, CDD/DeStefano stated that staff had contacted the 14 parties who had requested specific land use designations and stated that there were four issues to be resolved: Eric Stone owns approximately 10 acres at Carpio and Golden Springs and requests a Planned Development designation for his property, which would change the designation from RLM.; a 7 -acre site located off of Morning Springs to the western edge of the City and owned by the Sassic Corp. was originally requested to be designated with a land use designation consistent with the existing zoning of RLM. The Planning Commission suggested that the property be designated PD with an underlying subclass of RL which is three units per acre. This parcel would be a component of the larger area adjacent to the 7 -acre site, about 158 acres, known as Sandstone Canyon which was designated by the Planning Commission with a PDRL open space and park designation; a request by Marlboro Corp. for reclas- sification of approximately 20 acres adjacent to the 57 fwy. north of Fern Hollow. At the last meeting, he indicated that the General Plan recommendation was consistent with the developer's request; however, the developer has submitted an application for a 23 unit project. The fourth issue is with Mormon Church property consisting of 3 to 5 acres behind the church which is currently zoned R3 with up to 25 units per acre. However, staff has been unable to speak with anyone within the organization regarding their land concerns. The Planning Commission's designation is RLM with a maximum of 6 units per acre. Lloyd Zola, Planning Network, detailed the process to establish the Housing Element and general issues regarding goals and objectives contained within the Element as well as the Conservation and Open Space Elements. The processing of the Housing Element and adoption is different from the balance of the General Plan in that Housing Elements must be reviewed by the Department of Housing and Community Development. The Housing Element was previously submitted to the DHCD and returned to the City with comments. Comments concerning the Planning Commission's recommended changes to the Element have not yet been received. He recommended that the State's comments be incorporated into the Housing Element. RECESS: M/Kim recessed the meeting at 8:35 p.m. RECONVENE: M/Kim reconvened the meeting at 9:00 p.m. 3.1 Draft General Plan (Continued) M/Kim opened the Public Hearing. JUNE 30, 1992 PAGE 6 William Gross, 21637 Highbluff Rd., spoke in favor of specific designation of residential hillsides to guarantee their unique evaluation and unique control, as well as a lower density than the general rural residential areas of the community and in favor of the one house to 2.5 acre. Don Schad, 1824 Shaded Wood Rd., spoke on the Brea Vision Program and how the same type of program could have been used to help GPAC during its term. He further stated that it was felt that one house per 2.5 acres was acceptable and that the City of Brea does not want a road through Tonner Canyon. He then asked that the Black Walnut, California Pepper and the California Sycamore be added to the Tree Ordinance already in place. CE/Wentz stated that he had and Mr. Schad agreed to meet the following day to discuss locations of deer crossing signs on Pathfinder Rd. CA/Arczynski reported that Council had determined that the existing Tree Ordinance was adequate for the needs of the City. Clair Harmony, 24139 Afamado, commented that not all meetings where the General Plan was discussed were open to the public. He further stated that he felt an ordinance should be adopted by the County, that would include a legal means to implement and extend the concept of Significant Ecological Area (SEA) to include such regions as Sandstone Canyon, Steep Canyon and the area near Carpio and Golden Springs next to the 60 fwy. as well as other areas including the hills above the Gateway Corporate Center and Tonner Canyon. Marvin Lowe, 16307 Sylvanwood, Norwalk, representing L.A. Area Council of Boy Scouts of America, stated that the organization had not sold or leased the property in Tonner Canyon and that they are in the planning stages for the property. However, the Board of Directors has gone on the record committing a portion of the land for camping. Max Maxwell, 3211 Bent Twig Ln., stated that the General Plan Summary that the residents received in the mail is not the same as the one being reviewed and gave examples. He then suggested that staff make corrections consistent with the strikeouts and additions and recirculate it to the public and allow the citizens to review and verify it. Al Rumpilla, 23958 Golden Springs Dr., stated that he had requested that the land designation be changed for the land on Carpio and Golden Springs from RLM to open space and asked what the designation was prior to Cityhood. JUNE 30, 1992 PAGE 7 CDD/DeStefano stated that he had spoken with Mr. Rumpilla about the designation and that he was still unable to obtain the information. Max Maxwell asked how the City is addressing specific requirements to meet the State requirements on Housing and read a letter dated February 9, 1991 from the State. Dave Reynolds, 1160-C N. Golden Springs, asked if there had been any communication between the City and the Boy Scouts regarding Tonner Canyon. He stated that the Firestone Boy Scout Camp had been closed for the last two years due to a sanitation problem. Tom Van Winkle asked for clarification on down -zoning and land use classifications and requested that Council and staff review the areas that do not hurt people and make the land designation conform to what the use is at this time. Ken Anderson, 2628 Rising Star Dr., asked that informa- tion be made available to the public in an easily understood form. James Roberts, 23627 Bower Cascade, asked about zoning plans for Tres Hermanos and Sycamore Canyon. ACM/Belanger stated that upper Sycamore Canyon is owned by Bramalea and Tres Hermanos is owned by the City of Industry Redevelopment Agency. At this time, there is no zoning for these lands and the General Plan does not address the specific issue of zoning, but has been conceptually planned. With no further testimony offered, M/Kim closed the Public Hearing. During discussion, the Council requested that the following changes be implemented: Page II -11, paragraph 5, #3 change to "other vacant parcels found throughout the City..." Page II -13, Development Standards and Land Use Controls, first paragraph, fourth sentence, change "placing land in open space or buffer zones..." to read "supply of land available for residential development by rezoning residential land for other use." C/Werner asked that on Page II -17, Goal 1 "The City will provide" be changed to "The City should provide those opportunities." Also delete the words "present" and "future." JUNE 30, 1992 PAGE 8 From Objective 1.1, Page II -17, delete the words "existing," "future" and "of persons who wish to live... The sentence would then read Development of an adequate supply of housing to meet the housing needs in Diamond Bar." Delete 1.1.1, Page II -17; change 1.1.2 to read "Consider commercial/office developments which propose to provide a residential component as part of an overall mixed use concept in new or planned development projects. Strategy 1.1.3 on Page II -17 to be changed to read "The City will not create restrictions on residential development for the purpose of preventing low and moderate income housing." On Page II -18, Strategy 1.1.5, delete phrases "in the short term" and "throughout the City." On Page II -18, 1.7, third bullet - change wording to read "Keep the review of EIR's to the minimum legally required." On Page II -18, 1.1.8, change to read "Encourage use of innovative site development and construction materials and techniques consistent with the UBC and City ordinances to reduce the cost of site preparation and/or construction." On Page II -18, 1.1.10, change "provides" to "allows" and delete "urban." On Page II -18, 1.1.10, remove bullets 1 and 2 and rewrite bullet 3 to read "Developments which include 5 residential units will be required to pay an in -lieu fee to be used by the City for the provision of housing affordable to..." Add "Within one year, we will determine the feasibility of establishing that program as well as the mechanics of how it would work. If the program is determined as being feasible, it will be established within 90 days of completion of that study." On Page II -19, Goal 2 change "provide" to "encourage." Delete the first sentence on Page II -19, Strategies 2.1.1. C/Miller requested that clarification be made regarding open space versus open land. Mr. Zola suggested that open land would refer to any undeveloped property and open space would only refer to those lands committed by deed or public ownership for open space use. JUNE 30, 1992 PAGE 9 The Council requested that the following changes be made under Resource Management: On Page III -1, second paragraph, change "Diamond Bar recognizes its role as a responsible steward of all lands within the jurisdiction" and delete the remaining paragraph. On Page III -2, first paragraph, strike everything out past "open space resources" but leave the portion regarding Tonner Canyon. On Page III -2, Biological Resources, end of paragraph one, remove "following areas still support" and end the sentence with a period. Also strike out the first three examples. Delete the first paragraph on Page III -3. On Page III -6, Resource Management Issues, Item 1, after the first sentence, strike the next two sentences. After "assure their protection" add "portions of these areas should be considered for new active and passive parks." Strike the rest of the paragraph. On Page III -7, Item 2, strike out second sentence of the first paragraph. Add in continuation of the SEA within the Tonner Canyon area and point out within the goals and objectives. On Page III -8, Goal 1.1.1, delete "consistent" and re -write to include canyons as follows: "Develop regulations for the protection of ridgelines, slope areas, canyons and hilltops." On Page III -9, 1.1.5, add "When deemed necessary by the City," to beginning of sentence and remove "if feasible" from the end. On Page III -9, 1.1.6, add "Where possible and practical," to beginning of the sentence. CDD/DeStefano recommended that SEA 15 be added to Page III -9, 1.1.8. In addition, Objective 1.2 should also include reference to SEA 15. C/Miller recommended that Objective 1.2 be amended to read "Where ecologically and financially feasible, maintain, protect, and preserve areas that are designated biologically significant. On Page III -9, Strategy 1.2.1, delete the second bullet entirely. On Page III -10, Strategy 1.2.1, second bullet, add "Where practical," to the beginning of the sentence. JUNE 30, 1992 PAGE 10 On Page III -10, 1.2.2, remove Sections b and c. On Page III -10, remove 1.2.5. On Page III -10, 1.2.3, remove "for the use of open space lands" from the end of the sentence and indicate that the City "may participate" rather than "will participate." On Page III -11, seventh bullet, change to "Pursue acquisition of environmentally -sensitive nature parks." On Page III -11, 1.3.2, change to "Unless there is an overriding public recreation need, require that open space areas, which are set aside as part of a development project, have suitable use restrictions." On Page III -11, 1.3.3, change to "Maintain an inventory of open lands which are deeded open space." Strike everything past that. CDD/DeStefano recommended combining 1.3.3 and 1.3.4. On Page III -13, 2.1.3 d, change "require" to "encourage." On Page III -13, 2.1.3, change to "Encourage the use of primarily drought -tolerant plants and efficient design in landscape application and the use of reclaimed water systems." Delete item b. On Page III -14, delete 2.1.6. On Page III -14, delete 2.2.1. M/Kim re -opened the Public Hearing. Tom Van Winkle stated that he was concerned that the Council removed references to Tonner Canyon and other ecological areas. C/Miller stated that the Council left Tonner Canyon because it was a designated SEA area. Council made sure that it was specifically left in because it was outside the City. As far as other ecological areas within the City, Council removed specific references so that the Element applies to all areas within the City; to make statements broad-based so that every one of the areas are reviewed to see what significant biological areas are there. There being no further testimony offered, M/Kim closed the Public Hearing. Council directed staff to make changes outlined and bring the documents back for further review on July 7, 1992. JUNE 30, 1992 PAGE 11 4. ANNOUNCEMENTS: ACM/Belanger announced that several members of the City Council and he would be traveling to Sacramento the next day to appear before the Assembly Housing and Community Development Committee to provide testimony in support of Senate Bill 1718 which would provide a school site for the Pomona Unified School District to construct a high school in Diamond Bar, if approved. 5. ADJOURNMENT: There being no further business to conduct, M/Kim adjourned the meeting in memory of Ray Watson, Walnut City Councilman (as recommended by C/Werner) at 11:15 p.m. and continued the General Plan Public Hearing to July 7, 1992 at 7:00 p.m. for review of the Plan for Physical Mobility (Circulation Element). LY DASIJR4ESS, City Clerk ATTEST: