HomeMy WebLinkAbout07/20/1993 Minues - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JULY 20, 1993
1. CLOSED SESSION: 5:00 p.m.
Litigation - Government Code 54956.9
Personnel - Government Code 54957.6
The City Attorney indicated that no
action was taken.
2. CALL TO ORDER: Mayor Miller called the meeting to
order at 6:11 p.m. in the AQMD Auditorium, 21865 E. Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by Mayor Miller.
INVOCATION: The invocation was presented by Reverend Mark
Hopper of Evangelical Free Church.
ROLL CALL: Mayor Miller, Mayor Pro Tem Papen, Councilmen
Forbing, Werner, and MacBride.
Also present were Terrence L. Belanger, City Manager; Andrew
V. Arczynski, City Attorney; James DeStefano, Community
Development Director; George Wentz, Interim City Engineer and
Lynda Burgess, City Clerk.
3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
3.1 Certificates of Recognition to Winners of the 1993
Diamond Bar Jr. Women's Club Annual Spelling Bee -
M/Miller presented certificates of recognition to First
Place Winner Eric Laine of Maple Hill School, Second
Place Winner Chelsea Ray of Quail Summit School, and
Third Place Winner Sean Stroud of Golden Springs School.
3.2 Presentation regarding Municipal Water District Rates -
Ed Biederman, General Manager, Walnut Valley Water
District, explained that the Walnut Valley Water District
(WVWD) has had to raise rates as a direct result of a
9.7% increase by the Metropolitan Water District (MWD).
In looking at ways to cut costs, the WVWD has reduced its
operational budget by 2.5%, and personnel by 9% over the
past year, holding rate increases to a minimum. However,
since the MVWD now has sufficient funds to build out the
distribution storage, the reservoir capacity charge will
be eliminated as of October 1, 1993. Furthermore, in an
attempt to get cheaper water which is not purchased from
the MWD, the WVWD is negotiating with LaVerne to purchase
high nitrate water to blend in the pipeline, meeting or
exceeding health standards, negotiating with Pomona for
use of their nitrate treatment plant, negotiating with
the upper San Gabriel Valley Water District to get rising
water credit and negotiating with the Valencia Heights
Water Company to use their well to cycle storage.
In response to MPT/Papen, Mr. Biederman explained that
the $10.00 per parcel increase by the Three Valleys
JULY 20, 1993 PAGE 2
Municipal Water District (TVMWD) will appear on the
yearly tax bill and not on the WVWD bill.
In response to C/MacBride, Mr. Biederman explained that
the MWD is the importer of water from the Colorado River
and the Delta Bay area, and the TVMWD is the wholesaler
taking the water from the importer and distributing it to
retailers such as the WVWD.
Ed Layton, WVWD Board member, Ridgeline Drive, explained
that the $10.00 per parcel charge imposed by the TVMWD is
a result of Governor Wilson's plan to take property tax
monies from cities, counties and agencies to put into the
State general fund. The WVWD recommended the parcel
charge, instead of the water rate charge, because with a
water rate charge, only the southern agencies, which are
Pomona, Walnut Valley and Rowland Water Districts, would
pay all the costs, supporting the TVMWD, since no one
else buys water from them. However, at this time, the
WVWD feels that since the $10.00 per parcel charge is not
going to be used to benefit the district, it should not
be imposed at this time.
Richard Engdahl, WVWD Board Member, stated that the TVMWD
was asked to either absorb the losses or cut back in
costs. The WVWD is trying to keep costs and prices down
as best as possible.
4. SCHEDULE OF FUTURE EVENTS:
4.1 Concert in the Park - July 21, 1993 - 6:30 to 8:00 p.m. -
"Mike Gealer & Euphoria" contemporary jazz - Sycamore
Canyon Park, 22939 Golden Springs Dr.
4.2 Parks & Recreation Commission - July 22, 1993 - 7:00
p.m., AQMD Hearing Room, 21865 E. Copley Dr.
4.3 Planning Commission - July 26, 1993 - 7:00 p.m. , AQMD
Auditorium, 21865 E. Copley Dr.
4.4 Concert in the Park - July 28, 1993 - 6:30 to 8:00 p.m. -
"Instant Replay" 60's & 70's Surf Music - Sycamore Canyon
Park, 22939 Golden Springs Dr.
4.5 City Council Meeting - August 3, 1993 - 6:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
4.6 Concert in the Park - August 4, 1993 - 6:30 to 8:00 P.M.
- "Smokewood" Bluegrass/Country Combo - Sycamore Canyon
Park, 22930 Golden Springs Dr.
5. PUBLIC COMMENTS: Don Gravdahl, questioning the prudence of
the TVWD, presented a petition to be circulated indicating
that parcel owners oppose the $10.00 per parcel standby
assessment fee, and directing the TVWD Board to adjust their
budget if there is a shortfall of funds.
Gary Neely, 344 Canoecove Dr., asked how much the TVWD removes
from D. B. Further, he inquired how citizens can express
concern --to the MWD, Governor or State legislators-- that
JULY 20, 1993 PAGE 3
there are too many middlemen. Each city should be able to
decide who it wants to do business with.
Nick Anis, 1125 Bramford Court, stated that it would be
beneficial if the citizens in D.B. united their efforts to
express concerns regarding the parcel charge imposed by the
TWVD.
Red Calkins suggested that the TVWD be eliminated, dealing
directly with the MWD.
Mr. Biederman, in response to Mr. Neely's inquiry, explained
that the TVWD receives approximately $11,000 directly, each
year, from the district, in the way of fees, and $1,000,000
from property taxes from their whole service area, on which
40% is produced from D.B., Rowland Heights and Walnut. It may
be possible, under the terms of LAFCO to initiate
consolidations, to prove that Walnut or Pomona could operate
Three Valleys cheaper or better, thereby consolidating Three
Valleys into a subagency.
Robert Nelke, 2459 Alamo Heights, Vice President of the D.B.
Country Estates Assoc., presented a petition requesting a
— traffic signal at D.B. Blvd./Shadow Canyon Dr. intersection.
Oscar Law, 21511 Pathfinder, stated that he feels that there
is a conflict of interest allowing M/Miller to be present to
vote upon a Master Plan because he is a builder, with vast
real estate holdings, with a possible association with RnP
development. He inquired why the submittal of 33 questions by
Clair Harmony was never answered by the City, or entered into
the minutes. He also noted that though the RnP Sandstone
Canyon holdings will appraise for approximately $280,000, the
City has offered it to the Citizens of D.B. for approximately
$12 million dollars.
Nick Anis, 1125 Bramford Court, referring to the 33 questions
submitted, stated that, after reviewing the questions, he
feels that the questions are an attempt to use innuendo to
twist the facts and that those questions need not be answered.
He pointed out that an appraiser is needed to obtain the value
of the RnP Sandstone Canyon property. He also pointed out
that most mayors in smaller cities are developers and/or are
involved in the real estate industry.
M/Miller stated that the public comment portion of the agenda
will be continued following the public hearing items.
— 6.. PUBLIC HEARINGS:
6.1 APPEAL OF THE PLANNING COMMISSION APPROVAL OF CONDITIONAL
USE PERMIT NO. 91-12(l) AND DEVELOPMENT REVIEW NO. 93-2 -
CDD/DeStefano reported that on June 3, 1993, Kenneth and
Dr. Pamela Anderson filed an appeal in opposition to the
May 24, 1993 Planning Commission approval of a
JULY 20, 1993 PAGE 4
Conditional Use Permit and Development Review permitting
construction of a 6,756 sq. ft. single story restaurant
(Hamburger Hamlet) with a lounge/bar and patio dining.
The appeal is based on issues involving hours of opera-
tion, sale and on-site consumption of alcoholic bever-
ages, security, parking driveway access, continued
expansion of the shopping center, truck traffic, noise,
on-site parking, soil remediation and the location of the
restaurant within the existing retail shopping enter
identified as the Country Hills Towne Center, 2757 S.
D.B. Blvd. He recommended that the City Council deny the
appeal and uphold the Planning Commission's decision
approving the restaurant use.
C/Werner asked if there had been any security problems
that occurred in the past 18 months on the subject
property and, if so, had the shopping center management
adequately dealt with those issues in coordination with
the Sheriff Department. He then inquired if the problem
of soil remediation was handled at the time of approval
for the construction of Dr. Cho's building.
CDD/DeStefano stated that, following approval granted by
the County to construct the project, there was a request, �--
through the developer to the City, to respond to specific
requirements needed in order to remediate the site of
contaminates which came from a Chevron tank. The City
reviewed that application and through a CUP process,
approved a remediation plan mid-1990. The nature of the
problem does not require full mitigation prior to any
construction. The site must be cleaned up to the
satisfaction of the Regional Water Quality Control Board.
MPT/Papen, noting a discrepancy in the staff report,
inquired into the exact number of seats in the restaurant
and in the lounge. She also asked if the City's Noise
Ordinance provides for outdoor music.
CDD/DeStefano responded that the City's Ordinance would
provide for outdoor music as long as it did not exceed
the maximum decibel level. The Planning Commission,
following discussion regarding the noise issue, felt that
music would be appropriate within the outdoor patio area
as long as it did not exceed the noise standard. Staff
will verify the specific number of seats in the
restaurant and the lounge.
MPT/Papen, noting that the application stated that the
use would be a restaurant and lounge with no live —
entertainment in the lounge, inquired if there is a
specific condition in the conditions of approval
restricting entertainment in the facility.
CDD/DeStefano stated that it was clearly the intent of
staff's recommendation and the Planning Commission's
JULY 20, 1993 PAGE 5
action that no entertainment be utilized within this
site. To further clarify that intent, a condition
specifically prohibiting entertainment use could be added
to the report.
M/Miller opened the Public Hearing.
Dr. Pamela Anderson discussed the association between
alcohol availability and alcohol-related problems, such
as health, accidents, and violence. The medical litera-
ture on alcohol availability has looked at the impact of
bars on the community. One study showed that an increase
in on -premise outlets contributed significantly to
increases in alcohol consumption in the community, which
lead to an increase in violence and trauma. In regard to
the issue regarding soil contamination, she noted that
benzene, which is a major contaminate in that mixture of
chemicals, is well documented to have a link to cancer in
both humans and animals.
Robert Gannon, 2641 Rising Star Drive, stated that he is
not opposed to Hamburger Hamlet but only to the proposed
location. He presented pictures supporting his state-
ments. The following are the reasons for his opposition:
there would be insufficient parking for this large rest-
aurant and bar since the Krikorian Theater, during peak
periods, takes up all available parking at the north end
of the Country Hills Towne Center; there will not be a
turnover of parking since people will be at the cinema
and then dining; people will park on Fountain Springs and
in front of the homes because it will be closer to the
theater and an easier exit; bar patrons will park among
restaurant and theater goers; drinking behavior should
not be displayed before impressionable youth, which
frequent that center; the north side of the center is
becoming overdeveloped; and the nuisance type businesses
are put on the north side, which is too close to the
residential neighborhood. If the Hamburger Hamlet pro-
ject is to be approved, he requested that the following
stipulations be made: the patio area should be fully
enclosed in glass to mitigate the noise inside the bar;
the musak is acceptable but paging should not be per-
mitted; and the last pad should not be allowed to be
developed until the full effect of the restaurant on the
shopping center on the residential area has been
determined.
Eileen Ansari, 1823 S. Cliffbranch, stated that she was
not opposed to Hamburger Hamlet but opposed to the
proposed location and made the following comments:
parking spaces behind the theater are not being used
because it is not marked or well lit; the parking center
generally north is constantly full; Hamburger Hamlet
should be situated in the center of the parking lot to
evenly distribute the parking and the traffic; these
JULY 20, 1993 PAGE 6
types of restaurants are not usually located within a
residential areas; and the residential neighborhoods will
serve to accommodate overflow traffic.
Frank Dursa, 2533 Harmony Hill Dr., stated that because
parking is the major problem in the area, the restaurant
cannot be located as proposed.
Nick Anis, 1125 Bramford Court, pointed out that it is
unfair to characterize this family restaurant as a bar or
tavern, or to dictate if it should be allowed to serve
alcohol. The center needs businesses, particularly
during these hard economic times, and the restaurant
should be approved as long as it meets community
standards.
Max Maxwell made the following comments: the area
already has problem with crime; the City should not allow
alcohol at all; the Anderson's concerns should be well
considered; people do not park in the rear of the parking
center; and the Hamburger Hamlet would be better located
at the Gateway Corporate Center, creating a restaurant
row.
Tom Van Winkle stated that the residents have the right
to restrict drinking in the City, particularly within a
residential area. Since dinners will not be served past
12:00 midnight, and the restaurant remains open till 2:00
a.m., then it is safe to characterize this facility as a
bar and restaurant.
Don Schad concurred that a bar in a residential area has
a potential to create a lot of problems in the long
range.
Barbara Beach-Courchesne pointed out that such restau-
rants as Hamburger Hamlet are usually located on a
restaurant row configuration or a clearly defined
business district, not around a residential neighborhood.
Steve Nice, opposed to the proposed location of Hamburger
Hamlet, expressed concern regarding the possible increase
in the alcohol related trauma and violence in the area,
the noise created by the open bar and lounge, construc-
tion of a lot that has been identified as containing
unacceptable levels of ground contaminants, traffic flow,
traffic on residential streets, and inadequate parking.
He pointed out that the south side of the parking lot is
often empty, while the north side is full to capacity,
some parking illegally, indicating that people do not
want to park at the Alpha Beta side of the center. In
the event that the project is approved, he requested the
following conditions: a parking study and environmental
impact report; a complete cleanup of the ground water and
hazardous contaminants prior to any additional construc-
JULY 20, 1993 PAGE 7
tion; enclosure of the lounge; turn the remaining unoc-
cupied areas of the center into parking in an attempt to
prevent parking on residential streets; close the drive-
way on Fountain Springs to vehicle traffic; and adequate
security presence.
Michael Lowe, 1124 Cleghorn, pointed out that Hamburger
Hamlet is a nice restaurant and the City needs a nice
place to go locally in the evening. This is not a
temperance zone.
Ken Anderson stated that he will reserve comment until
after the applicant's testimony.
Mark Wyman, Executive vice President and Chief Operating
Officer for Landsing Pacific Fund, the owners of Country
Hills Towne Center, indicated that they agreed to the
terms of a Hamburger Hamlet lease with the knowledge that
doing so would benefit the other tenants and merchants in
the center, who are having a difficult time during this
hard economic period.
Tom Wolff, Development Manager for Country Hills Towne
Center, stated that the staff report addresses each of
the issues raised by the Andersons, finding those
arguments largely without much merit. The Planning
Commission's recommendation and decision is supported,
with one exception. He requested that the Council remove
the requirement for a traffic signal at Fountain Springs/
D.B. Blvd. or a $20,000 contribution to be paid for
because no such decision was made at the Planning
Commission meeting. He stated that they have qualified
technical people present who can support the staff
report.
Paul Brockman, President of Hamburger Hamlet Restaurants,
stated that Hamburger Hamlet is a full service restaur-
ant, with an emphasis on good, healthy food. He
presented slides showing the inside and outside of some
of their other facilities in various areas. He then made
the following responses to the concerns raised: the
hours of operation are proposed to be from 11:00 a.m. to
11:00 p.m. Sunday -Thursday, and 11:00 a.m. to 2:00 a.m.
Friday and Saturday, closing the restaurant at 12:00
midnight; the intent of remaining open to 2:00 a.m. is to
allow the patron time to finish his meal, and they would
not object to a 12:00 midnight closing as long as the
patron is allowed to finish the meal and drink ordered;
Hamburger Hamlet will not, under any circumstances, build
the restaurant unless the soil is certified clean; if
paging makes too much noise, then they will stop;
however, guests do need to be notified; the wall around
the patio will help mitigate the noise, but there is no
intent to. enclose the patio; they will work with the
developer to mitigate traffic and parking; and this is a
JULY 20, 1993 PAGE 8
restaurant, not a bar, and the purpose of the alcoholic
drinks are to supplement the food.
In response to C/Werner, Mr. Brockman responded that this
proposed restaurant is the same kind of establishment as
the one in Pasadena, Wilshire Blvd., and several other
locations. All restaurants are company owned. The lease
with Landsing Pacific is for 20 years, with three 5 year
options.
In response to MPT/Papen, Mr. Brockman responded that
they will hire approximately 75 people. The patio
seating is an addition to the seats inside and will only
be used during good weather conditions. There will not
be any live entertainment, only TVs with no sound,
broadcasting usually only sporting events, and musak in
the background.
MPT/Papen suggested that it would be appropriate to
include some language, in the resolution, regarding the
types of entertainment allowed or not allowed.
C/Werner requested that there be a condition that the
restaurant will close at 12:00 midnight on Friday and --
Saturday, provided that the patrons inside have time to
finish their meal.
Mr. Brockman, in response to M/Miller, explained that the
reason the patio area will not be enclosed is because
this restaurant is large enough to accommodate seating
inside.
Bill Fraiselle, principal Engineer with PES Environmental
Inc., Novato, addressing the soil remediation concern,
stated that Chevron is in the process of continuing their
investigation/remediation efforts on the subject project,
with the approval of the Regional Water Quality Control
Board whose primary emphasis, on this site and other
sites with leaking underground tanks, is for the
protection of beneficial uses of ground water. Of the 7
water samples taken, there were three, in close proxim-
ity, to the north end of the property, adjacent to the
former station, that showed trace levels of gasoline and
some of it's constituents. Of the 3 water samples taken
of the south end of the property, no detectable concen-
trations of gasoline or it's constituents were shown,
indicating that it has not migrated very far and that it
is relatively contained on the north side of the parcel
and in very low, dissolved concentration. In the un-
likely event that any vapor did occur, the development of
the Hamburger Hamlet site incorporates a slab on grade
foundation with a ten mil layer of visquene, which is
designed as a moisture barrier that would essential act
as a vapor barrier. Any efforts that are being put forth
by Chevron on the remediation of the residual contamina-
JULY 20, 1993 PAGE 9
tion will not have any impact on the development.
Rock Miller, a Traffic & Transportation Engineer with
Rock Miller & Associates, made the following comments:
there is an excess of 1,000 total parking stalls in the
center; the area immediately in front of the theater is
heavily used, and all remaining areas of the center to be
lightly or moderately used depending upon if it is day or
night; about 8 months of the year, theater usage is any-
where from 70% to 50% of what is currently occurring;
usage of parking for the Hamburger Hamlet and the theater
will be evenly distributed throughout the center; most of
the additional parking that will occur as a result of all
the uses will occur generally to the south of Hamburger
Hamlet on both sides of the main aisle; and there was
approximately 400 cars in the whole center during the
peak of hours of the theater.
C/Werner inquired if there could be some introduction of
pedestrian walkways to provide a greater level of safety
for pedestrians.
Rock Miller stated that since the parking lot is laid out
with the minimum distance between the parking aisles, any
pedestrian ways introduced would substantially disrupt
the configuration of the current parking lot. However,
the main entrance is unusually large, and if there is a
future action to remodel parking, there might be a possi-
bility to put in some sidewalks.
Rock Miller, in response to C/MacBride, stated that it is
unlikely that people will park in the residential area
without first looking to park elsewhere in the center.
Tom Wolff, in response to MPT/Papen, stated that, under
the CUP for the Speedee Oil and Lube, there was instruc-
tion to build a sidewalk, and to narrow the entrance on
Fountain Springs, making it ingress only. We would be
willing to build the sidewalk and make the one ramp in
before the construction of Hamburger Hamlet, if so
desired.
MPT/Papen inquired why it has taken so long to place
signs in the center indicating parking in the rear of the
building, as well as improving the lighting there.
Tom Wolff stated that such signs, indicating parking
behind the theater, as well as increasing the lighting in
the rear, were requirements under the terms of the CUP
for the Speedee Lube. Those will be done before con-
struction is completed.
Tracy Moranic, an Environmental Engineer with Chevron, in
response to C/MacBride, stated that two soil samples were
taken on the Hamburger Hamlet property at 2.5 feet, and
JULY 20, 1993 PAGE 10
both came out as nondetectables. She confirmed that the
problem is so minimal that construction on the site is
feasible.
Mark Wyman, in response to C/Werner, stated that one of
the conditions of Alpha Beta for the improvements to
their store was that no obstruction to their view
corridor would occur. There are no other alternative
locations for this restaurant at Country Hills Towne
Center.
C/Werner suggested that Country Hills Towne Center
consider converting the last remaining site to parking.
Tom Wolff stated that they will make every effort to make
greater utilization of the 147 spaces available, and to
try to reduce the impact on the area in front of the
Krikorian theater and the neighborhood in general.
ICE/Wentz, in response to MPT/Papen, stated that since
there is a condition in place to restrict the Fountain
Springs access into the center to ingress only, the
traffic signal at Fountain Springs and D.B. Blvd. would
not be necessary from an engineering point of view. Such
a condition would have a significant impact upon reducing
the potential for traffic at that intersection.
C/Forbing suggested that there be a condition that
employees be required to park behind the theater.
Tom Wolff stated that they will attempt to encourage all
business within the center, by educational programs, to
have employees use the parking in the rear.
C/Werner, noting that the staff report indicates that
there will be a redesign of the front driveway, suggested
that a resolution to the pedestrian safety issue be
incorporated into the redesign of that driveway, somehow
resolving the issue prior to any proposal to that last
site.
Paul Brockman noted that they routinely instruct all
employees to park as far away from the restaurant as
possible. He then requested that the restaurant be
allowed to open at 10:00 a.m. on Sunday for brunch, not
11:00 a.m., which was an error on the original
application.
Ken Anderson made the following comments: there are --
actually 990 spaces on the property; the CUP 87-2, which
approved the Krikorian theater, already covers such
issues as the location of the driveway, the employee
parking in the rear, and security; CUP 87-2, condition 8-
L, also states that This grant does not permit the
establishment of a cocktail lounge or bar within the
JULY 20, 1993 PAGE 11
shopping center."; the standing water found on the site
is coming from the broken sprinkler head, therefore, that
water sample would undoubtedly not show any contaminants;
the dance studio at Dr. Cho's building, which is 18 feet
from the chimney stack, will have to be relocated so that
the machine can begin to operate to mitigate the soil
contamination; parking is an issue that needs to be
resolved; other Hamburger Hamlet restaurants, as shown on
the slides by Mr. Brockman, close on or before 11:00 p.m.
and are not near a residential neighborhood; and alcohol
is an issue in our community.
Eileen Ansari, 1823 S. Cliff Branch, stated there is no
indication that there is parking behind the theater. It
appears that Alpha Beta is holding the shopping center
hostage with their unreasonable demand that nothing be
placed in their line of sight.
CDD/DeStefano, in response to C/Werner, stated that,
following staff's physical count of the site, the results
indicate that there are 1,019 space on site.
C/Werner stated that he feels that all of the issues
regarding parking, the alcohol restaurant/bar issue, and
the hours of operation have been satisfied. It is the
function for the management of the shopping center to
properly light and sign to make the rear parking spaces
more accessible and safe, and a condition should
adequately require that this occur with this project.
Hamburger Hamlet is an upscale operation that will bring
business to the shopping center, and benefit the
community. C/Werner requested that the conditions of
approval be amended as follows: indicate that the hours
of operation will be from 11:00 a.m. to 12:00 midnight on
Friday and Saturday, allowing time for patrons to finish
eating, and open at 10:00 a.m. on Sundays as was
requested by the applicant; food should always be served
any time that the restaurant is open; and the 3 foot
patio wall should have some plexiglass screen on top of
it to provide a noise barrier, or some landscaping that
would grow taller than the wall. Staff is to conduct a
continuing investigation to assure that the issue
regarding the soil contamination is resolved.
There being no further testimony offered, M/Miller closed
the Public Hearing.
Motion was made by C/Werner and seconded by MPT/Papen to
— deny the appeal and approve the restaurant use, as
amended.
M/Miller requested the following to be added to the
motion: a condition that the driveway on Fountain
Springs be made one way only; a condition that the center
install proper signage indicating that parking is
JULY 20, 1993 PAGE 12
available in the rear; and remove the $20,000
contribution for the signal.
CA/Arczynski suggested that it may be appropriate to
include a condition to require that Hamburger Hamlet
instruct and enforce parking by its employees in the back
of the theater, as well as require the center management
to bring back to the Council, within 30 - 60 days, a
Parking Management Plan to ensure parking by other center
tenant employees in that area.
CDD/DeStefano recommended that a condition be added for
the development of easily accessible, safe, secure
parking spaces generally behind the theater, to be
implemented prior to occupancy of the restaurant. A
Parking Management Plan, to have employees park in the
back, or the utilization of the back spaces for
additional patrons of the business that exist within the
center, can be a condition to be part of the overall
reconfiguration of the main entrance discussed. He
summarized the following amendments to the resolution:
revise condition (d) to indicate the hours of operation
to be Sunday from 10:00 a.m. to 11:00 p.m., Monday -
Thursday 11:00 a.m. to 11:00 p.m., and Friday and _--
Saturday from 11:00 a.m. to 12:00 midnight; condition (e)
will indicate that there will be no deliveries between
the hours of 6:00 p.m. to 8:00 a.m.; add ..no amplified
music within the outdoor patio/dining area to condition
add condition statin that the at, licant shall
(g); (q) g PP
provide a sidewalk at Fountain Springs Road driveway of
the retail shopping center, to begin at the top of the
driveway and continue to the parking area below, and meet
with the existing bomonite crosswalk; add condition (r)
to state that the Fountain Springs Road driveway shall be
utilized for ingress only and the applicant shall
redesign and provide required signage and striping for
this change to the specifications of the City Engineer
prior to final occupancy of the restaurant; add condition
(s) stating that the applicant shall repair and improve
the parking lot within the area to the rear of the
theater, slurry seal, etc. and restripe the parking lot
area to the specifications of the City Engineer; add
condition (t) to state that the applicant shall improve
the parking lot in the area generally known as the rear
of the theater, install additional lighting, signage, to
encourage utilization of the parking spaces, and to
ensure the safety of the patrons prior to the issuance of
a certificate of occupancy and to the satisfaction of the
City Engineer; add condition (u) to state that the
applicant shall comply with all standards required by the
California Region of Water Quality Control Board and the
City to remediate the ground water and/or soil
contamination prior to the issuance of building permits;
add a condition that the building use shall not
incorporate any live entertainment; that the applicant
JULY 20, 1993
PAGE 13
shall develop and implement a Parking Management Plan
whereby employees are directed to park in the rear of the
center as part of the reconfiguration of the main
entrance, and that said Parking Management Plan shall be
submitted to the City's Planning Commission within 6
months of the date of this approval; and a condition that
if the Speedee Lube is not built, that area should be
replaced with the parking stalls that previously existed,
and that some decision of this be done prior to the
issuance of the building permit for the restaurant.
C/Forbing pointed out that page 3 of the Code already
indicates that "There is no amplified music in the
patio".
CDD/DeStefano stated that the condition is for emphasis,
and if the Code were to change, the condition would
remain.
C/Werner requested that there be a condition that
security must be present until closing of the restaurant.
CA/Arczynski suggested than any conditions made to prior
resolutions be referenced in this resolution, which will
thus address C/Werner's concern.
CDD/DeStefano stated that it is staff's recommendation
that an addendum be provided to the negative declaration
that basically references the issue with respect to the
soil and/or water contaminants on the site, the work done
to date, and the work being committed to by the applicant
and by the conditions of approval.
Ken Finney, addressing condition (u) which would state
that the applicant shall comply with all standards
required by the California Region of Water Quality
Control Board and the City to remediate the ground water
and/or soil contamination prior to the issuance of
building permits, pointed out that the current obligation
to remediate the ground water contamination lies with
Chevron, who is performing that work under the direction
of the Regional Water Quality Control Board (RWQB), and
Chevron may require many months to complete the
remediaton process. The applicant is not the source of
the contamination, nor is the applicant doing that
work,and as the condition is currently stated, it would
reverse that obligation. The applicant will, of course,
cooperate fully with Chevron by providing Chevron access
to the site.
CM/Belanger inquired if it is found that the subsurface
is contaminated in any fashion, even if it can be
mitigated, would the RWQB have some jurisdiction over the
site. If so, what kind of permission, certificate, or
other kind of sign off, would have to be undertaken by
JULY 20, 1993 PAGE 14
RWQB to certify the site as being safe.
Ken Finney explained that the RWQB does not offer such
certification for any site, however, they do have the
ability to go to any landowner and request the landowner
to investigate and address any issue of contamination of
the property. Usually when the source is identified and
understood, the entire matter is dealt with by the RWQB
through work with the owner of that property, the
operator of that gas station, who then is responsible for
addressing the contamination. Adjacent landowners are
not brought into the order under which Chevron is doing
their work. At this site, they have addressed this
issue, and have required Chevron to do this work both on
site and off site.
CA/Arczynski suggested that the condition be modified to
indicate that "The applicant shall comply with all State,
Federal, and local standards with regard to construction
of the project pertaining to potential soil and/or ground
water contamination prior to issuance of building permits
and will cooperate with adjacent landowners with regard
to remediation efforts pertaining to ground water
contaminants.". Thus, if there is a pocket of some kind
of contamination of the soil, the applicant will have to
stop work immediately and take care of it before they go
any farther, which is a normal inspection of the building
process.
CM/Belanger, in response to Mr. Finney, explained that
the language of these conditions will be worked out and
put into a Resolution for the City Council to consider,
and brought back to the next meeting.
CA/Arczynski explained that a final Resolution, per the
Council's direction, will be brought back for the next
City Council meeting for approval. The applicant, and
anyone else, would have the opportunity to see those
proposed modified conditions of approval before that
meeting. If the public hearing is closed this evening,
the matter would be brought back for consideration of the
Resolution, and, to the extent that the applicant or
anyone else has a concern with some language, they should
put it in writing and present it.
Ken Finney, concerned with the condition of incorpor-
ating, by reference, all prior CUP's, and that Hamburger
Hamlet is to comply with all former approvals, inquired
how they are to evaluate what is required to be done, --
considering that this project has been in existence for
some 30 years.
M/Miller pointed out that nothing new is being placed
upon the applicant that they are not already obligated to
do. The applicant is already required to comply with
JULY 20, 1993
prior approvals.
PAGE 15
Ken Anderson clarified that the amount that is on the
contaminated site is in fact lower than the readings
taken last week on the Hamburger Hamlet. Also, in
contrary to the report, the gasoline station closed in
the 19701s, and the tanks were removed in 1989, which is
when it went on the underground storage tank list as a
spill.
Motion proposed by C/Werner and seconded by MPT/Papen to
deny the appeal of the Planning Commission approval of
Conditional Use Permit No. 91-12(1) and Development
Review No. 93-2, with the appropriate amended conditions
carried unanimously by the following Roll Call vote:
AYES: COUNCILMEN: Forbing, MacBride, Werner, MPT/
Papen, M/Miller
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
With the consensus of Council, staff was directed to
forward the pictures of parking along Fountain Springs to
the Traffic & Transportation Commission for their review.
RECESS: M/Miller recessed the meeting.
RECONVENE: M/Miller reconvened the meeting.
6.2 ADOPTION OF THE 1993 GENERAL PLAN - CDD/DeStefano
introduced the following members of the consultant team,
retained by the City in March of 1993 to further develop
the draft General Plan: Michael Jenkins, from Richards,
Watson & Gershon; Daniel Iacafano, Moore, Iacafano, and
Goltsmen; Terry Austin, Austin/Faust; and Dale Beland,
Cotton/Beland Assoc., utilized for the development of the
General Plan policy issues. This is the tenth public
hearing held on the adoption of the 1993 General Plan.
The staff report incorporates the major areas of
significant and substantive change within the document
the Council received on July 13, 1993, as well as the
addendum pages. Additional information will be presented
this evening from Dale Beland. Also, there is an
addendum in the Circulation Element, which is the result
of the ongoing work of the subcommittee, chaired by
C/Werner, on a "roadway by-pass". The subcommittee met
on July 6th, 13th, and 19th to discuss the development of
by-pass criteria, and concluded by directing staff with
suggested changes, which has been incorporated within the
Circulation Element by staff for the Council's
consideration. Additionally, the subcommittee also
reviewed the detailed pages submitted by Mr. Maxwell and
Mr. Chavers with respect to criteria and other relevant
issues pertaining to an environmentally sensitive
transportation corridor. The results of that discussion,
JULY 20, 1993 PAGE 16
where appropriate, has been incorporated within the
document.
Dale Beland stated that they have strongly recommended
that the MEA not be included as part of the 1993 General
Plan but to stand alone to facilitate the utility of that
information, making it possible to update it, as
appropriate, as an administrative process rather than a
legislative one. He then read from page 160 of the
California State General Plan Guide verifying that there
is no legal requirement that the MEA be part of the
General Plan. Dale Beland then reviewed the following
substantive addendums to the draft General Plan: page I-
3, in the Land Use Element, item 4, has been reworded to
provide a more General Plan level of statement; page I-16
has been reworded to better define open space; page III -
11, Resource Management Element, strategy 1.2.2 is
deleted and now combines the operative purpose of
preservation of trees and vegetation and native
vegetation removal with strategy 1.1.10, page III -10; a
new addition of the Circulation Element draft, on page
IV -4, which elaborates the purpose of the environmentally
sensitive corridor definition, responding to concerns
about environmental protection of resources to move in
concert with other strategy statements that have
previously been presented and discussed about the need
for a regional approach to the regional traffic problem;
and a significant change on page V-10, related to the
need to consider the potential environmental and growth
inducing impacts of any such travel corridor location,
specifically stating that it would be the policy of the
City to explore and exhaust regional options for
transportation improvements prior to initiating
development of a regional by pass corridor.
MPT/Papen expressed concern that the two suggested
sentences on page V-10, inwhich item 1 reads "Explore
and exhaust...", and item 3 reads "Don't wait until the
need for a bypass corridor is demonstrated", seem to be
inconsistent.
CM/Belanger explained that item 3 addresses need and
planning and item 1 addresses the issue of initiating
development. They should perhaps be reordered.
MPT/Papen expressed concern that the General Plan
includes requirements for this City to initiate action on
a regional issue when the City is not the funding source,
nor the deciding agency. She stated, though she is --
uncomfortable with the statement, she is willing to let
it go through with the idea that it will be reviewed, in
the near future, to be amended.
Dale Beland continued with his review of the substantive
changes: page V-13, strategy 1.1.4, defines the
JULY 20, 1993 PAGE 17
alternatives to the corridor area; page V-14, item 1.1.7,
1.1.8, & 1.1.9 suggests policy and lists the improvements
in the regional roadway system that should be completed
prior to considering construction of the corridor.
MPT/Papen objected to the appropriateness of the wording
that the City must wait until the listed regional roadway
improvements are complete before considering construction
of a corridor. She requested that the statement be
deleted. She stated that she has received letters from
citizens on Grand Ave. inquiring why the Council isn't
actively pursuing building Tonner Canyon Road. This
language eliminates any possibility of a roadway in
Tonner Canyon.
M/Miller suggested that the language be amended to read,
"Prior to considering construction of an environmentally
sensitive transportation corridor, make every effort to
complete all other improvements in the regional roadway
system such as...".
C/MacBride concurred that the language as written would
destroy the City's ability to be flexible and sensitive
_ to the activities in the region.
The Council concurred to remove strategy 1.1.9 on page V-
14.
Dale Beland continued with his review of the substantive
changes: page V-17, has two new strategies 3.2.4 and
3.2.5 relating to developing a regional financing
mechanism to assist new development for the. cost of
mitigating traffic impacts, and considering the use of a
toll road to finance and maintain the environmentally
sensitive transportation corridor; and the Table on page
V-18 has deleted the columns that shows width dedication
standards and roadway improvement standards to simply
show the classification of streets in D.B. by major,
secondary, etc., adding the Table which defines the
classification roadway widths for the various
classifications (secondary should read 60-100 feet and
collector 60-80 feet).
M/Miller opened the Public Hearing.
Oscar Law corrected the address of the railroad station,
as indicated on page V-7, item #3, as North Garey.
Gary Neely, 344 Canoecove Drive, pointed out that the
statement on page V-10, Issue Analysis, and the changes
made on page V-13, second sentence, are conflicting
statements regarding the location of the environmentally
sensitive corridor. He then suggested that, instead of
deleting strategy 1.1.9, on page v-14, it can be changed
to read, "In addition to considering construction of an
JULY 20, 1993
PAGE 18
environmentally sensitive transportation corridor,
encourage other improvements in the regional roadway
system such as...", leaving the list in.
C/Forbing suggested that the list be added to strategy
1.1.5 since it seems to be similar to strategy 1.1.9.
MPT/Papen, preferring that the list be eliminated,
pointed out that some of the items that really impact
D.B. are not on this list, such as the gap closure of the
Pasadena freeway from Cal State L.A. up through south
Pasadena.
CM/Belanger stated that the difference between strategy
1.1.9 and strategy 1.1.5 is that strategy 1.1.5
specifically addresses Los Angeles County, while strategy
1.1.9 deals with issues outside Los Angeles County.
Gary Neely pointed out that the list is not intended to
be all inclusive nor meant to eliminate anything. He
then stated that he does not concur with eliminating the
MEA from the General Plan. He requested that the
statements made by C/MacBride, recognizing that the City
does not live in a vacuum and that we do truly have a
vision of the future, be placed back in the document,
verbatim, to page I-3, Potential Regional Impact, and, in
addition, include a map indicating the location of the
reclaimed lake, the proposed MRF, etc., just to give
people an idea of the locations.
Tom Van Winkle asked that MPT/Papen offer her expertise
to formulate the proper language needed for strategy
1.1.9 on page V-14. He expressed his concern that there
is no public notification or public input as to what
changes will be made in the document. He then made the
following comments: the intent of the statement on page
III -10 is to protect the trees that are indigenous to
D.B. and the surrounding area, and "where practical"
weakens this; the specific names of trees on page III -11
should be replaced with "indigenous trees" because the
intent is to ensure that all mature trees are not
destroyed; and specific noise standards for development
should be indicated on page IV -11.
Dale Beland pointed out that Mr. Van Winkles concern is
addressed in strategy 1.10.4 which states, as City
intent, the decision to develop a Code that would have
specific noise related standards for development.
Max Maxwell stated that he has not had an opportunity to
read the 17 page document just received before the start
of the meeting. Some of the changes made are not stated
the way they were expressed at the subcommittee meeting.
He then made the following comments: he objected to the
policy that the EIR has not been reviewed; the MEA should
JULY 20, 1993 PAGE 19
be included in the General Plan; add "and/or fresh water"
to the statement on page I-3, item b, regarding the
reclaimed water, and correct it to state that it is
proposed to be located in D.B., not Chino Hills; the
subcommittee did not conclude as it is stated on page I-
3, that the regional plan by-pass roadway is to be
located in Tonner Canyon; and pages I-7 and I-8 need to
be rewritten. He then requested 90 days to be able to
review the document, leaving the public hearing open.
There are other issues that need to be addressed such as
the Grand Ave. agreement.
C/Forbing suggested that Mr. Maxwell review the changes
he would like to see on page I-7 and I-8.
Max Maxwell made the following comments regarding pages
I-7 and I-8: add the word "map" to the "determination of
"deed restriction status" on item l.a; these comments are
in the 33 page document submitted to the City; and the 30
minute conference with CDD/DeStefano, to review the 33
page document submitted by the Citizens of D.B. to
Protect Country Living, did not accomplish anything.
MPT/Papen pointed out that the issues presented by the
Citizens of D.B. to Protect Country Living, as indicated
in the 33 page letter, would create at least a 5 year
moratorium in this community on all commercialand
residential property until either 95% of the commercial
property is occupied, or all traffic is at levels LOS C
or better, or five years, which ever takes longer. The
three page document on the Circulation Element submitted
by Max Maxwell requires that a toll road be built with
specific hours of operation. The intent seems not to be
circulation for the entire City of D.B., but for no
growth. She then suggested that, due to the late hour,
the Council should decide what items on the agenda will
be continued to the next meeting.
The Council concurred to direct staff to draft
Resolutions of Approval to be brought back for the next
City Council meeting of July 27, 1993, thus allowing the
public one week for review of the General Plan document
dated July 20, 1993.
M/Miller declared the public hearing continued to July
27, 1993 at 7:00 p.m. Anybody with comments should put
them in writing and submit them to staff, preferably by
Friday, July 30th by 5:00 p.m.
7. PUBLIC COMMENTS: (Cont'd.) Gary Neely, 344 Canoecove Dr.,
requested that the Council, as a future agenda item, bring
back a report from the Sheriff Department as to how many
people have been arrested, how many have gone to court, and
how many have been convicted in graffiti related crimes.
JULY 20, 1993 PAGE 20
Barbara Beach-Courchesne expressed concern that three
Councilmembers, two present and one past, have been publicly
accused of breaking laws involving conflict of interest
issues. Perhaps those Councilmembers should not vote on
actions requiring the expenditure of funds until the law suit
is resolved.
Don Schad requested that the Council reconsider the Tree
Ordinance he assisted staff in drafting.
Max Maxwell complained that the Council is not listening to
the citizens.
Jack Kowtowski inquired if the condition 8-L, of CUP 87-2, for
the Krikorian Theater, which states that "This grant does not
permit the establishment of a cocktail lounge or bar within
the shopping center," was rescinded to allow the Hamburger
Hamlet project.
CA/Arczynski explained that that provision was placed in that
resolution at that time to ensure that the approval of the
theater did not include a bar, or anything else.
Frank Dursa, noting the expenditures indicated on the warrant —
register in regard to the Councilmember's attendance at the
California Contract Cities meeting, inquired what benefits the
City derived from the meeting and if it was necessary for the
entire Council to attend. He questioned why the City needs a
lobbyist and why the City is paying Gonzalves & Son $25,200 a
year for lobbying activities.
8. COUNCIL COMMENTS: C/MacBride stated that the Three
Valleys Municipal Water District, 3300 Padua Avenue,
Claremont, will hold a final hearing August 5, 1993 at 7:30
p.m. to determine if they will impose a $10.00 per parcel fee
on properties under their jurisdiction, in 9 cities, including
D.B.
C/Forbing, referring to CUP 87-2, noted that the condition
specifically stated "bar", not a lounge or a restaurant.
Furthermore, the Council included all previous conditions on
the center in the new conditions for Hamburger Hamlet.
C/Werner noted that the condition for the theater approval was
intended for clarification that it was not to be misconstrued
of an approval for a grant of a bar.
M/Miller, in response to a comment made by Oscar Law regarding
his prior ownership of a piece of property in D.B., stated
that he made full disclosure regarding his prior ownership,
and made a written statement that he would not be involved in
the process of the property, nor involved in the voting or
public hearings in the property.
CA/Arczynski confirmed that the documents were provided, and
JULY 20, 1993 PAGE 21
whatever interests M/Miller had in the property in question
was conveyed away more than 2 1/2 years ago. In spite of the
fact that there is no legal conflict, M/Miller has indicated
that he will not participate in the process.
MPT/Papen left the meeting at 12:00 p.m.
9. CONSENT CALENDAR: It was moved by C/Forbing, seconded
by C/MacBride to approve the Consent Calendar as presented.
Motion carried by the following Roll Call vote:
AYES: COUNCILMEN - Forbing, MacBride, Werner, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - Papen
9.1 APPROVAL OF MINUTES -
9.1.1 Adjourned Regular Meeting of June 29, 1993 -
Gen. Plan Pub. Hear. - Approved as submitted.
9.1.2 Regular Meeting of July 6, 1993 - Approved as
submitted.
9.2 WARRANT REGISTER - Approve the Warrant Register dated
July 20, 1993 in the amount of $359,710.58.
9.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular
Meeting of May 13, 1993 - Received and filed.
9.4 PARKS & RECREATION COMMISSION MINUTES:
9.4.1 Regular Meeting of April 22, 1993 - Received
and filed.
9.4.2 Regular Meeting of May 27, 1993 - Received and
filed.
9.5 PLANNING COMMISSION MINUTES:
9.5.1 Regular Meeting of May 24, 1993 - Received and
filed.
9.5.2 Regular Meeting of June 14, 1993 - Received
and filed.
9.5.3 Regular Meeting of June 28, 1993 - Received
and filed.
9.6 EXONERATED BOND FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS
ON TRACT 47722 (DIAMOND KNOLL LANE) BY PIERMARINI HOMES.
9.7 ADOPTED RESOLUTION NO. 93-56: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT
PATEJFINDER ROAD AN BREA CANYON ROAD IN SAID CITY AND
AUTBOR19ING. AND DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE 9105.
10. OLD BUSINESS:
10.1 AMENDMENT_ TO CITY ATTORNEY AGREEMENT - CM/Belanger
reported that the City and the law firm of Markman,
JULY 20, 1993 PAGE 22
Arczynski, Hanson & King have an agreement for the
provision of City Attorney Services. It has been
proposed that an additional fourth category of rate for
fees for service be included for law clerk and paralegal
services. He recommended that the City Council approve
the amendment to the legal services agreement to include
a fee rate for law clerk and paralegal services of sixty
dollars ($60) per hour.
Motion was made by C/Forbing and seconded by C/MacBride
to approve the amendment to the legal services agreement
to include a fee rate for law clerk and paralegal
services of sixty dollars ($60) per hour. Motion carried
by the following Roll Call vote:
AYES: COUNCILMEN: Forbing, MacBride, Werner, M/
Miller
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: MPT/Papen
Barbara Beach-Courchesne, noting the fees already paid
for legal services to Markman, Arczynski, Hanson, & King
and the fees paid for legal services to other law firms,
cautioned the Council of the need for the City to watch _
revenue in order to remain solvent, and the need to watch
a possible duplicity of fees for the same services
rendered by the various attorneys.
Nick Anis pointed out that approximately half the money
spent in the last six months had been spent on a single
law suit from the Citizens For Country Living.
Max Maxwell stated his opposition to the increase in rate
of $60.
M/Miller explained that the $60 amount is a deduction per
hour for certain services.
11. NEW BUSINESS:
11.1 ORDINANCE NO. XX (1991): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR REPEALING IN ITS ENTIRETY,
CHAPTER 13.05 OF TITLE 13 OF THE LOS ANGELES COUNTY CODE
AS HERETOFORE ADOPTED AND ESTABLISHING NEW REQUIREMENTS
AND STANDARDS RELATING TO PUBLIC SAFETY ALARM SYSTEMS -
The Council concurred to continue this matter to August
3, 1993.
12. ADJOURNMENT: With no furthEr- tuu+iAess to conduct,
the meeting was adjourned at 12:15
4LDA BUt.3ES9,v City Clerk
JULY 20, 1993 PAGE 23
ATTEST:
Mayo