HomeMy WebLinkAbout01/16/1995 Minutes - Adj. Regular MeetingMINUTES OF THE CITY COUNCIL
ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR
JANUARY 16, 1995
1. CALL TO ORDER: Interim Mayor Ansari called the meeting to
order at 6:03 p.m. at the South Coast Air Quality Management District Auditorium,
21865 E. Copley Dr., Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by Mayor Pro Tem Papen.
ROLL CALL: Council Members Harmony, Miller, Werner,
Mayor Pro Tem Papen and Interim Mayor Ansari.
Also present were Terrence L. Belanger, City Manager, Frank Usher, Assistant City
Manager, Michael Montgomery, Interim City Attorney, James DeStefano, Community
Development Director; Bob Rose, Community Services Director and Tommye
Cribbins, Deputy City Clerk.
2. PUBLIC HEARING:
2.1 ADOPTION OF THE GENERAL PLAN - CDD/DeStefano reported that
during the previous meeting of January 9, 1995, the Introduction to the
General Plan including the "Vision Statement" and the first 10 pages of the
Resource Management Element were reviewed. Council will begin
deliberation on Page III -10, Objective 1.2. Changes and revisions Council
directed to the Introduction and the Resource Management Element to date
were made and copies provided. Upon completion of the Resource
Management Element, staff will provide an introduction to the Public Services
& Facilities Element for Council review. Within the packet is a second copy
of the Parks & Recreation Commission suggested changes and a second copy
of Terry Birrell's comments from the January 9, 1995. Staff just received a
copy of further comments regarding the Resource Management Element and
new commeirts regarding the Public Services & Facilities Element from Gary
Neely and copies were provided.
IM/Ansari asked CDD/DeStefano when it would be appropriate for staff to
address Table 111.3.
CDD/DeStefano stated that Council suggested that it be addressed at the
conclusion of deliberation on the Resource Management Element and at the
Council's discretion.
MPT/Papen stated the Parks & Recreation Commission recommended listing
Strategies on Page 111-11 beginning with Strategy 1.3.1 in a new order to
suggest the priorities of the Commission.
A motion was made by MPT/Papen to adopt the Parks & Recreation
Commission's suggested renumbering and rewording of strategies 1.3.1.
through 1.3.9 including deletion of "agricultural" in 1.3.9. Motion seconded
JANUARY 16, 1995 PAGE 2
by C/Werner with the following amendment: With respect to Objective 1.3,
delete the "s" on "meets" so that the Objective reads: "Maintain a system of
recreation facilities and open space preservation which meet the active and
passive recreational needs of Diamond Bar residents of all ages." Motion
carried unanimously.
With respect to Goal 2, Page III -12, C/Werner suggested changing the
statement to read "Consistent with the Vision Statement, identify limits on the
resources needed to support existing and future uses within the City of
Diamond Bar and its sphere of influence, and ensure that resources are used
wisely."
Council directed staff to come back with appropriate language for Page
III -13, Strategy 2.1.1 a., prior to the close of the Council meeting.
At the request of Council, Mr. Neely stated that Strategy 2. 1.1 d. on Page
III -13 discusses "a 144 -acre lake" which was described in a conceptual
specific plan that the City and City of Industry commissioned. There are two
proposed lakes, one for reclaimed water which is entirely within the borders
of the City on the 800 acres of Tres Hermans Ranch. The second is an r --
untreated potable water lake which has the potential of having boundaries
within the City. However, the vast majority would be located in San
Bernardino County.
C/Werner asked if staff knows what the City of Industry intends with regard
to these policies.
CM/Belanger stated that the proposed untreated potable water lake is in the
southern two-thirds of the Tres Hermans Ranch which is located in the City
of Chino Hills. Chino Hills General Plan, recently adopted, does not include
provisions for such a facility. The area has a low density residential
designation. With respect to the City of Industry, staff would need to contact
them to determine if there continues to be an interest in locating the lower
reservoir.
C/Mller suggested Strategy 2. 1.1 d. be changed to read "Monitor the City of
Industry's plans to locate reclaimed water facilities within the Tres Hermanos
Ranch area."
MPT/Papen suggested Strategy 2. 1.1 b. be changed to read "Work with the
local water agencies and schools to promote public education regarding r..,
conservation and advantages for reuse of water." She addressed the potential
for the City taking over management of the water agency serving the Walnut
Valley. The City covers 60% of the use area and the City, through vote of the
people, could assume management of the Walnut Valley Water District. As
elected officials, the Council supports the use of reclaimed water. However,
JANUARY 16, 1995 PAGE 3
the management of the water agency has failed to implement those programs,
and has acted to the contrary when new development has been taken before
the agency to pursue a direction on reclaimed water for irrigation purposes.
The opportunity has been denied and the agency has stated the facility will not
be built in the next 10 years. Some months ago, she requested the City ami
the Water District to hold a joint meeting to &Cuss these policies and instruct
management teams of both agencies to implement the same policy.
C/Harmony stated he was not convinced that the Walnut Valley Water
District had been unresponsive to recycled water usage. He referred to a
capital improvement budget prepared by the City wherein the City itemized
a reclaimed water facility that the City would manage for $17,000,000. He
felt this, or any provision thereof, does not belong in the General Plan.
C/Werner suggested Strategy 2.1.2 should read: "Prepare ordinances that
allow for the implementation of feasible water conservation technologies into
new developments such as, but not necessarily limited to: because
technologies will continue to change.
In response to 1M/Ansari, CDD/DeStefano concurred with the comments
made by C/Werner. It is a list of strategies and implementation measures that
are designed to encourage water conservation. Since this is a 17-20 year
General Plan, the intent is to deal with these issues over time as technology
changes.
CM/Belanger stated that the General Plan anticipates that one of the major
implementation mechanisms will be the Zoning Ordinance in the Development
Code, as well as other related ordinances.
In response to C/Miller, CDD/DeStefano stated that the current Water
Efficient Landscaping Ordinance discourages installation of large areas of
lawn or turf in commercial and industrial areas. It exempts single family
residential neighborhoods.
C/Werner recommended that the objective be consistent with State law.
CDD/DeStefano suggested under Strategy 2.1.3, Page III -13, add at the
beginning of the sentence: "Consistent with State law."
MPT/Papen indicated that the Parks and Recreation Commission requested
the Council add to Strategy 2.1.3 "in private as well as, public facility
developments."
Council agreed that the Strategy 2.1.3 should be amended to "Consistent with
State law, encourage the use of primarily drought -tolerant plans, efficient
design in landscape application, and the use of reclaimed water systems."
JANUARY 16, 1995 PAGE 4
CM/Belanger offered the following language for Strategy 2. 1.1 a. "In
cooperation with adjacent communities and water purveyors,
encourage the use of reclaimed water, consider the construction of
duel water systems, where feasible, for new development." Council
concurred.
Council recommended deletion of Strategy 2.1.3 d.
Council recommended replacing the wording on Strategy 2.1.5, Page
III -14 with the Parks and Recreation Commission suggested wording
as follows: "Establish the City as a leader in the implementation of
water conservation measures through expeditious implementation of
the measures outlined above."
MPT/Papen suggested eliminating the second bullet under Strategy
2.2.2, Page III -14. Council concurred.
Regarding Page III -14, Strategy 2.2.2, C/Werner suggested changing
Strategy 2.2.2, Page III -14 to read "in conjunction with review of --
development applications, encourage incorporation of the
following:..." Council concurred.
Responding to MPT/Papen, C/Werner suggested Strategy 2.2.6, Page
III -15 be changed to read: "Encourage, with the use of available
financial incentives, provisions for solar energy systems for the heating
of swimming pools." Council concurred.
MPT/Papen suggested replacing the wording in Strategy 2.2.3, page
III -15 with the wording of the third bullet under Strategy 2.2.2 on
Page M-4. Council concurred.
Regarding Page III -18, MPT/Papen indicated that, during Public
Comments, it was suggested that Objective 2.6 is confusing and
should be stricken in its entirety.
C/Werner suggested that it should be deleted and replaced with the
Open Space Inventory.
ICA/Montgomery stated Government Code requires that cities
identify all open space lands, public and private, that the City —
determines what should be dedicated to: Future natural resource
preservation; managed production preservation; recreational
preservation; or, public safety preservation. The parcel and the use
for which it should be held or dedicated to, must be identified. The
City is required to have an active Open Space Management Plan
JANUARY 16, 1995 PAGE 5
within the General Plan. A General Plan that does not aggressively speak to
open space, and provide a program for the open space, is legally defective.
NIPT/Papen suggested that Council instruct staff to prepare a list of all
privately and publicly held dedicated open space for incorporation into the
General Plan.
CM/Belanger stated that the Land Use Map will indicate the designations for
each tract of land within the City. Those that are designated as open space
would need to be a part of that inventoried list.
CDD/DeStefano stated that the General Plan has, for several years, contained
a list of vacant property. It is contained within appendices to the
Environmental Impact Report. What needs to be incorporated in the General
Plan is the ultimate use of all of the property within the City, whether if be for
development or for open space, no development purposes-- the specific list
of those properties that would have an Open Space designation, all of which
will be consistent with the requirements of the Government Code.
Council directed staff to insert the language of Objective 2.6 and its Strategies
currently on Page 111-18, within the Introduction to the Resource
Management beginning on Page I.1.
With respect to Table III -1 on Page 1114, MPT/Papen recommended a
column be added for "Equestrian Facilities." The subtotal should be
re-identified as "City -owned Recreational Facilities." In addition, three
categories should be listed under "Other Facilities:" 1) "Public Facilities
owned by the City of Diamond Bar", 2) "Other Public Facilities", 3) "Privately
Owned Recreational Facilities."
C/Werner requested a footnote to indicate the reversion provision in the deed
for the property held by the Little League.
MPT/Papen suggested the deed should be researched to make certain the
reverter clause exits. Council concurred.
Responding to C/Werner, CDD/DeStefano recommended the General Plan
incorporate The Country Park in Table III -1.
N[PT/Papen suggested a separation of tables. Table III -1 should include
"City -owned Public Facilities" and a second table, Table III -2, include
"Private and Other Facilities not owned by the City of Diamond Bar," for
informational purposes. Council concurred.
RECESS: 11VUAnsari recessed the meeting at 7:22 p.m.
JANUARY 16, 1995 PAGE 6
RECONVENE: IM/Ansari reconvened the meeting at 7:40 p.m.
2.1 GENERAL PLAN PUBLIC HEARING (CONTD.) - C/Harmony asked why
the Council is not itemizing Tonner Canyon, Sandstone Canyon, and upper
Sycamore Canyon on the list of Open Space Recreational Facilities.
CDD/DeStefamo responded that he could not recall why they were not listed
and that he would look into the matter and bring it back to Council at the next
meeting.
MPT/Papen stated that she didn't understand C/Harmony's statement. These
items would properly be listed on the Open Space Inventory, not on a
Recreational Facilities table since it is not, nor has it ever been, their dedicated
use.
Responding to C/Harmony, C/Miller suggested deleting "The Country Park"
from Table III -1. Council concurred.
C/Werner moved, C/Miller seconded to direct staff to make the corrections
to the Resource Management Element of the General Plan as discussed, bring the revisions back, make them available to the public for at least 30 days, after
which, schedule the Resource Management Element for adoption. With the
following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Werner, MPT/Papen,
IM/Ansari
NOES: COUNCIL MEMBERS - Harmony
ABSENT: COUNCIL MEMBERS - None
CDD/DeStefano presented the Public Services and Facilities Element and
indicated that this Element is optional. It is a creation of the City and not
required by California State Code. It incorporates issues related to public
services and facilities and financing for them and crosses over several other
Elements within the General Plan; in particular, Land Use, Resource
Management and the Public Health and Safety Element. The Public Services
and Facilities Element discusses a number of policy issues dealing with
existing levels of service and development of community facilities.
Infrastructure addresses joint use of facilities and financing. Within the
Master Environmental Assessment, there is a wide variety of information
dealing with library services, school services, police, fire, etc. which is useful
foundation material for this Element. Both the Planning Commission and
General Plan Advisory Committee reviewed the Element and the changes are
noted. He recommended that the Council open the public hearing, receive
testimony on the Public Services and Facilities Element, review the Element
and direct staff to make the desired revisions.
JANUARY 16, 1995 PAGE 7
IM/Ansari declared the Public Hearing open.
Gary Neely, 344 Canoecove Dr., offered comment on four strategies: 1.1.5
a., former 1. 1.5 b.; 1.4.2 and 2.1.2 in a memo to the City Council via on-line.
He indicated the change of wording on Strategy 1.1.5 a. is for consistency
with the strategy in the Resource Management Element. Strategy 1. 1.5 b. is
for consistency with the third bullet under the last paragraph on Page VI- 1.
With respect to Strategy 2.1.2, his preference would be to modify this strategy
to primarily support a change in legislative philosophy regarding funding of
local governments so that primarily, city governments are financed through
the use of property taxes.
Wilbur Smith, referring to Page VI -2, second sentence, first paragraph, stated
he observed a number of engineering services acquired from outside agencies.
He felt the General Plan should discuss how outside services are acquired. He
recommended under Section D, Page VI -4, that Strategy 1.1.5 a. specifically
identify the plan. Under 1.1.5 c, GPAC added the previously deleted
statement "Oppose applications for proposed waste treatment facilities within
Diamond Bar and surrounding communities" in an attempt to oppose the
MRF. The new statement softened that statement to the degree that, under
certain conditions, allow the MRF. On Page VI -5, Objective 1.3, he objected
to the word "ensure." Strategy 1.3.1 implies it may be necessary for the City
to come up with money if it wants to support and pursue development of
major joint recreational facilities. If this is the intent, he asked Council to
consider the fiscal aspect. He also felt "ensure" should be changed in
Objective 1.4. Under Strategy 1.4.2, identify the plan, if there is a plan. Since
the University of California has no plans to locate a campus in D.B., so the
statement should be eliminated. He indicated he would like to have Strategy
1.5.3 include play areas for children. He requested the Council add verbiage
to identify the "model" in Strategy 2.1.4. He felt 2.3.3 does not fit.
C/Harmony asked Mr. Smith how Strategy 1. 1.5 b. under Goal 1 relates to
the MRF.
Mr. Smith responded that if this does not refer to the MRF, he is not opposed
to the Strategy.
Max Maxwell, referring to Page VI -6, 2.1.1 asked Council to clarify the
change and a definition for Strategy 2.1.3. He objected to the method of
adopting each Element separately and asked the City Attorney to comment.
With no further testimony being offered, INVAnsari closed the Public Hearing.
Responding to Mr. Maxwell and C/Wemer, ICA/Montgomery stated that the
time for challenge is not "ripe" unless and until the entire General Plan's
formal Resolution has been adopted by the Council. The Council may adopt
JANUARY 16, 1995 PAGE 8
each Element by minute action on the way to the final adoption.
CM/Belanger stated that the issue related to adoption of each separate
Element is an internal consistency issue since each Element may have on effect
on any or all other Elements.
Don Cotton, Cotton/Beland, suggested that prior to adopting any Element of
the General Plan, the Council should certify the EIR addendum. Then the
Council may adopt any of the Elements.
In response to Council, CM/Belanger indicated that a sentence would be
added to the first paragraph, Page VI -2 to indicate the approximate number
of lots that currently utilize on-site wastewater disposal systems.
MPT/Papen, referring to paragraph 7, Page VI -2, asked that "also" and "very
small" be stricken so the sentence reads "The Los Angeles County Library
System maintains a community library on Grand Avenue near Diamond Bar
Boulevard." Council concurred.
MPT/Papen asked that the "Foothill Transit System" be added to the last ---
sentence, Page VI -2 so that it reads: "Other services within Diamond Bar
include branch office postal services administered in Pomona, MTA bus
system, Foothill Transit system Walnut -Diamond Bar YMCA, and Seniors
organization." Council concurred.
C/Miller recommended deleting "although the statewide drought makes the
long-term supply of water to this area questionable" from the final sentence,
paragraph 8, Page VI -2 so the sentence reads: "Water facilities are generally
adequate." Council concurred.
C/Harmony recommended that the third sentence, first paragraph, Page VI -3
be stricken. Council concurred.
CMarmony asked for elaboration of the second sentence, second paragraph,
page VI -3 with respect to discussions with Orange County.
CM/Belanger responded that the logical flow of a sewer system in the
southerly sphere of influence would be south, rather than pumping back up the
hill. Therefore, it would end up in Orange County. Because this is pure
conjecture, a more specific answer should come from the Engineering
Department.
C/Werner requested that Council direct staff to restate the paragraph to reflect
the conditions outlined by CM/Belanger and brought back in the final text for
approval.
JANUARY 16, 1995 PAGE 9
MPT/Papen recommended revision of the first two sentences of the third
paragraph, Page VI -3 to reflect the current conditions since the City is part of
the County Flood Control System.
CM/Belanger responded that much of the Flood Control System lies within
the City's Public Facilities streets. He suggested that further clarification is
warranted and that staff treat this paragraph the same as the prior paragraph
and return to Council with further clarification.
JourbPapen suggested deleting "continuation of the" from the fust sentence,
sevieoh-paragraph, Page VI -3, so the sentence reads "Although local water
pur=tiy_!pn can adequately serve the area in terms of facilities, a Statewide
dght could put severe restrictions on the availability of water." The
•CoLk116.*4 concurred.
Regarding Page VI -4, the following changes were recommended:
C/Werner asked that "Consistent with the Vision Statement," be added to the
beginning of the sentence following D. GOALS, OBJECTIVES AND
_. IMPLEMENTATION STRATEGIES, so that the sentence reads:
"CONSISTENT WITH THE VISION STATEMENT, IT IS THE
OVERALL GOAL OF THE PLAN THAT THE CITY ACQUIRE AND
MAINTAIN ADEQUATE RESOURCES TO MEET THE NEEDS OF ITS
RESIDENTS." Council concurred.
Citing Mr. Neely's suggestion and Mr. Smith's concern, MPT/Papen
suggested Strategy 1.1.5 a. be consistent with Strategy 1.3.9 on Page H-12.
Council concurred.
With respect to Strategy 1.1.2, CDD/DeStefano suggested staff return with
revised language meeting the intent of the Council.
MPT/papen suggested staff come up with language for Strategies 1.1.2, 1.1.3
and 1. 1.4 deleting the word "Ensure." Council concurred.
CDD/DeStefano stated Strategy 1.1.5 b. was related to the MRF at both the
GPAC and Planning Commission levels. Council directed staff to rewrite
Strategy 1.1.5 b.
MPT/Papen suggested staff reword Objectives 1.3 and 1.4 on Page VI -5 on
Page VI -5 deleting the word "Ensure."
Council directed staffto reword Strategy 1.1.6, Page VI -5.
C/Miller reminded Council of his recommendation to not meet on Planning
Commission meeting nights. Council agreed to meet on the 1st and 3rd
JANUARY 16, 1995 PAGE 10
Mondays and the 2nd and 4th Tuesdays.
3. ANNOUNCEMENTS: None
4. ADJOURNMENT: There being no further business to conduct, at
9:04 p.m., B&Ansari adjourned the meeting to January 24, 1995 at 6:00 p.m.
TOMMYE CRIBBDS,-i:E :uty City Gerk..
ATTEST:
/e--7-
InterimMayor