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Home My WebLink About06/06/1994 Minutes - Adj. Regular MeetingMINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 6, 1994 1. CALL TO ORDER: M/Werner called the meeting to order at 6:07 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALI GIANCE: The audience was led in the Pledge of Allegiance by M/Werner. ROLL CALL: Mayor Werner, Mayor Pro Tem Harmony, Council Members Ansari and Papen. Council Member Miller was absent (due to a potential conflict of interest). Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; David Liu, Sr. Engineer and Lynda Burgess, City Clerk. 2. PUBLIC HEARING: 2.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8; AND OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT MAP 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO. 92-9; THE SOUTH POINTE MASTER PLAN - M/Werner reported that the matter was continued from June 3, 1994 to allow an opportunity to communicate with the developers for additional information to assist in deliberations. C/Ansari reported that she met with Mr. Arciero, Planning Commissioner Fong, CDD/DeStefano and AP/Searcy to discuss issues, alternatives and proposals that may be amenable. She stated that Mr. Arciero indicated that he would communicate with the Council on the feasibility of the proposals after consulting with his engineer. C/Papen, concerned that a private meeting was held to discuss an alternative that was not first presented to Council, especially in consideration of the numerous public meetings and Council debates, stated that it would be appropriate for the Council to receive a presentation on the matter at this time. C/Ansari stated that the issues discussed involved the roadway going though the canyon, the consideration of the slide areas near the road and considerations for development. C/Papen expressed concern that the alternative JUNE 6, 1994 PAGE 2 discussed also included a consideration to rezone the signal family property to multi -family housing up to 12 du/ac, which is not consistent with the 1993 or 1994 General Plan, and not consistent with the terms of the extension granted by the Office of Planning and Research (OPR). M/Werner noted that there would be consideration to determine if such an alternative is within the scope of the EIR and whether or not further consideration of such alternatives might present a resolution to all of the present issues. M/Werner stated that, though this is a continued Public Hearing, the Council has temporarily closed the hearing from further public input since input had already been received, pending if the Council finds a need to seek additional technical advice. He then read a letter from Jan Dabney, dated June 6, 1994, indicating that Mr. Arciero is requesting a continuance of this meeting to next week to allow sufficient time to properly evaluate the concerns expressed during the meeting with C/Ansari, Mr. Fong and staff. He invited Mr. Dabney to address the Council to provide an update regarding the issue. Mr. Dabney, representing Mr. Arciero, stated that Mr. Arciero would like to provide a substantial review of the issues raised by C/Ansari and Mr. Fong as well as to review four alternates on this project and four suggested alternate locations of the road to service Alternative #1. C/Papen asked what the alternative is as proposed by C/Ansari. Mr. Dabney stated that Mr. Arciero requested him to review three different grading scenarios with four dif-ferent access scenarios to Alternative #2 in order to stay out of the canyon, which in effect, would reduce the pad area and his available site by approximately one third. He outlined the following issues regarding suggested scenarios for Alternative #2 that need further review: net available building area; grade; if the site can be balanced without the WWSD property, how much can be developed if he accepts the District's dirt on site; and at what point can a profit be realized if a portion of the District's dirt is accepted and a portion of the dirt is exported. He stated that the concern expressed for Alternative #1 was to investigate the soils circumstances surrounding the current location, and determine the best crossing at the best grade to allow the road to come in and JUNE 6, 1994 PAGE 3 stay off the RnP property, and eliminating the current considerations on the tree count. He then reviewed the following impacts associated with the three aternate locations of the road which were already considered on the Arciero property and the District property: 45,000 cubic yards of dirt would have to be moved from the RnP property; there would be about 100,000 to 200,000 cubic yards of dirt to be moved if the road is located any other location other than the Rnp property; the cur -rent location developed Mr. Arciero and Mr. Forrestor has the least grading, the least trees and the most direct access; locations across the Arciero property, but off the City property, increases the length of the road by 30% to 35%; and the alternate location from Brea Canyon Rd. across the existing water tank site to the District's property. He stated that the expeditious way to the property is across the City's property but there is men -tion of an existing ancient slide in the soils report prepared by Leighton & Assoc. He explained that there was a discussion on increasing the density on Mr. Arciero's project to offset additional costs of the grad-ing and loss of available pad. M/Werner asked Dr. Hockwalt to advise if the continued review of this item to next week would place the District in any greater jeopardy then currently exists regarding funding and construction of the school. Dr. Hockwalt stated that the jeopardy currently exists and time remains a serious consideration; however, the intentions of the continuance are understandable. ICA/Montgomery, responding to C/Papen's concern regarding consistency with the General Plan, stated that since the City does not have a General Plan, Council would have to find this new proposal to be consistent with what is going to be proposed in the General Plan in the future. CIPapen expressed concern with the suggestion to build low -and moderate -income multi -family dwelling units in an area zoned for single family residences which will increase density and traffic. She asked about benefits gained by the community on the proposal, such as land dedications, the number of housing units, road location, etc., that would incline the Council to continue the meeting to allow for further consideration. C/Ansari explained that the intent was to work with Mr. Arciero to develop a compromise that would JUNE 6, 1994 PAGE 4 allow him to develop a project acceptable to the Council and break the current deadlock. She stated that the details on the proposals discussed still need further consideration. M/Werner stated that the developer has indicated that the proposals are legitimate, and that he is willing to pro -vide additional analysis to address the concerns raised. C/Papen, expressing opposition to proposing multi -family housing units on the Arciero property, pointed out that the proposal submitted by Mr. Arciero in 1988 for 280 units was largely objected to by many residents at that time. The Council discussed continuing the meeting to Monday, June 13, 1994, at 5:00 p.m. recognizing that the Council has already scheduled a meeting on June 7, 1994 to address Mr. Patel's proposal. MPT/Harmony moved, C/Ansari seconded to continue the meeting to June 13, 1994 at 5:00 p.m. at the AQMD Auditorium. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Papen MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Miller 3. ANNOUNCEMENTS: None 4. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 6:43 p.m. and continued to Monday, June 13, 1994 at 5:00 p.m. in the AQMD Auditorium, 21865 E. Copley Dr., Diamond Bar, California. LYNDA BURGESS, City Clerx ATTEST: ayor