HomeMy WebLinkAbout01/24/1995 Minutes - Adj. Regular MeetingMINUTES OF THE CITY COUNCIL
ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR
JANUARY 24, 1995
1. CALL TO ORDER: M/Papen called the meeting to order at 6:04
p.m. at the South Coast Air Quality Management District Auditorium, 21865 E.
Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by C/Harmony.
ROLL CALL: Council Members Ansari, Harmony, Miller and
Mayor Papen. Mayor Pro Tem Werner was excused.
Also present were Terrence L. Belanger, City Manager; Michael Montgomery,
Interim City Attorney; Tun DeStefano, Community Development Director and Lynda
Burgess, City Clerk.
2. PUBLIC HEARING:
PUBLIC SERVICES AND FACILITIES ELEMENT
2.1 ADOPTION OF THE GENERAL PLAN - Regarding the Public Services and
Facilities Element, M/Papen referred the Council to proposed wording of
Strategies 1.1.2, 1.1.3 and 1.1.4, Page VI -4 provided by staff. In addition,
due to his absence, MPT/Werner submitted written recommendations for
changes to this Element.
CDD/DeStefano recommended language as follows for Strategy 1.1.2:
"Protect existing residents and businesses from the cost of financing
inf utructure aimed at supporting new development or the intensification of
development." Without objection, Council concurred.
With respect to Strategy 1.1.3, CDD/DeStefano suggested "Require the
construction of water, sewer, drainage and other necessary public facilities
prior to or concurrent with each new development." Without objection,
Council concurred.
Regarding 1.1.4, CDD/DeStefano suggested "Require the project sponsor to
provide all necessary infrastructure improvements including the pro -rata share
of system -wide improvements." Without objection, Council concurred.
CDD/DeStefano continued to page VI -4, Strategy 1.1.5b suggesting the
following language: "Support the development of appropriately -sited,
environmentally sensitive, solid waste treatment facilities which do not impact
residents' quality of life." Without objection, Council concurred.
Referencing Strategy 1.1.6, Page VI -5, CDD/DeStefano suggested "Require
that all new subdivisions be connected to a public sewage system." Without
objection, Council concurred
JANUARY 24 , 1995 PAGE 2
Suggested wording for Objective 1.2, Page VI -5, from MPT/Werner:
"Establish and implement solutions to the financing of public facilities and
services which best protect the interests of the taxpayer." Without objection,
Council concurred.
Regarding Strategy 1.2.1, the following was suggested by MPT/Werner:
"Establish a development fee structure which best assures that costs for new
capital facilities and expansion of existing facilities necessitated by the
approval of new development or intensification of existing development are
funded by the proponents or beneficiaries of projects in proportion to the
demand created by the development." Without objection, Council concurred.
With respect to Strategy 1.2.2, MPT/Werner proposed "Investigate and, if
feasible, initiate the establishment of a redevelopment agency in the City of
Diamond Bar to facilitate the mitigation of traffic and circulation deficiencies,
the financing of public improvements and other similar tasks." Without
objection, Council concurred.
With respect to Objective 1.3, Page VI -5, CDD/DeStefano recommended ---
"Provide residents with access to high quality local educational facilities."
Without objection, Council concurred.
The following language was suggested by MPT/Werner for a new strategy
1.3.4, Page VI -5: "Enable, through appropriate zoning, development
regulations, or with a Conditional Use Permit, the construction and operation
of private school facilities." Without objection, Council concurred.
In response to M/Papen, CDD/DeStefano stated that Objective 1.5 and all
sub -strategies was originally a component of the Land Use Element. The
Planning Commission recommended that it be moved from the Land Use
Element to the Public Services and Facilities Element. This Objective and
attached Strategies attempts to achieve a hierarchy of social gathering places
for the community, both on private and public lands.
M/Papen suggested the following language for Strategy 1.5.1, Page VI -6:
"Retain and provide community social gathering places, including active and
natural park lands and one or more community centers. In private commercial
and office complexes, encourage the development of plaza areas." Without
objection, Council concurred.
With respect to Strategy 1.5.2x., MPT/Werner recommended deleting the
words "and firmly fix the event(s) in the mind of the public" so the Strategy
reads: "Whenever possible, establish permanent locations and regular dates
for community events to improve attendance." Without objection, Council
concurred.
JANUARY 24, 1995 PAGE 3
Regarding Strategy 1.5.3, MPT/Werner suggested incorporating the addition
of "park" proposed by Wilbur Smith as "Within new residential developments,
encourage organization of individual neighborhoods and discourage through
traffic on local streets while maintaining pedestrian and bicycle continuity and
encourage neighborhood parks, improvement programs and social events."
Without objection, Council concurred.
With respect to Goal 2, Page VI -6, MPT/Werner recommended "Consistent
with the Vision Statement" so that the goal reads "Consistent with the Vision
Statement, achieve a fiscally solvent, financially stable community." Without
objection, Council concurred.
Regarding Objective 2. 1, Page VI -6, MPT/Werner suggested deleting "ensure
adequate" and replace it with "maximize" so that it reads "Provide sufficient
opportunities for retail and other nonresidential commercial and office uses as
necessary to maximize municipal income to finance desired community
amenities." Without objection, Council concurred.
Council adopted, without objection, Mr. Neely's recommended language for
Strategy 2.1.2, Page VI -6 "Work with State officials and local elected
representatives to make a determined effort to promote statewide legislation
that would segue guaranteed, long-term stable financing of local government
based upon primarily property tax revenues. Alternatively, support legislation
that would redistribute sales tax revenues to local agencies based upon an
equitable formula that would include both the location where the sales tax
revenue was collected and the population of each local agency involved."
MPT/Werner suggested the following language to replace Strategy 2.1.4:
"Utilize public cowbenefit and/or fiscal impact analyses in the review of new
development proposals and in determining acceptability." Without objection,
Council concurred.
In response to M/Papen, CM/Belanger suggested with respect to Strategy
2.2.1, "Conduct a periodic review of user charges, development fees and
public facilities impact mitigation fees in accordance with California
Government Code Section 66000 et al, (AB1600) to ensure that the charges
are consistent with the costs of improvement and maintenance, and that public
services and facilities are being expanded in a cost-effective manner."
Regarding Objective 2.3, VI -7, MPT/Werner suggested "Promote public and
private services and amenities to the community." Without objection, Council
concurred.
M/Papen concluded deliberation on the Public Services and Facilities Element
and requested that the two remaining revisions on Page VI -3, paragraphs 2
JANUARY 24, 1995 PAGE 4
and 3 be deliberated at the January 30, 1995 Council meeting.
PUBLIC HEALTH AND SAFETY ELEMENT
Regarding the Public Health and Safety Element, CDD/DeStefano reported
that the Element establishes policies and programs to protect the community
from risks associated with seismic, geologic, flood and fire hazards. It is
comprised of two State required elements: 1) the Noise Element, which has
been required of the City's General Plan since 1971. The Noise Element
incorporates issues related to existing noise, environment, sources of noise,
and the impacts of noise upon residents. The Element identifies the sources,
existing and projected levels of noise, and methods of attenuation. Major
noise issues for D.B. revolve around the desire to prohibit new development
from adversely affecting existing land uses. Strategies have been put in place
to ensure that future developments incorporate noise studies to identify and
mitigate all noise impacts. In regard to the second State required component
2) The Safety Element has been required by law since 1976. This element
requires cities to identify potential safety hazards and adopt policies related
to the protection of people and property from fire, flooding, geologic and
seismic hazards. The City's local relevant safety issues include the need to
protect residents from the hazards identified and ensure that appropriate levels
of public safety personnel services and facilities are provided. He
recommended that the Council receive a brief supplemental presentation from
Pat Mann, CottonBeland Associates, Inc., regarding the Noise Element, open
the Public Hearing and receive testimony, review the Element and continue
the Public Hearing to the next meeting.
Mr. Mann discussed how noise is measured, how noise standards are set and
how most noise experienced by communities comes from transportation
sources. Although most noise complaints come from people's behavior, this
is not something the General Plan attempts to address. The General Plan is
mainly concerned with the compatibility of land uses in areas exposed to
noise. In order to practically regulate the technical aspects of noise, an
attempt is made to reduce the noise environment to a single measurement
value. In order to assist the Council, he referred to State and National
guidelines for land uses.
M/Papen declared the Public Hearing open.
Don Schad, 1824 Shaded Wood Rd., stated that the level at Peterson Park
occasionally exceeds 100 decimals. He felt this is very damaging to the
children over a prolonged period of time. In addition, he indicated he has
recorded decibel levels of 80 inside the homes at peak hours along the easterly
hill along the SR 57 north of Pathfinder Rd. and south of the SR 60.
JANUARY 24, 1995 PAGE 5
C/Miller asked Mr. Schad how the City should deal with a table and noise
standards within the General Plan knowing that the noise levels at the
proposed high school and other locations will far exceed the acceptable levels.
Mr. Schad suggested one method could be the architecture and development
of the proposed buildings. Other buffer zones might be created using a form
of zigzag walls.
Max Maxwell, 3211 Bent Twig Ln., agreed with Mr. Schad that the noise
levels should be kept low. He asked the Council to consider the impact of
noise levels on the enjoyment of neighborhood yards.
Wilbur Smith, 21630 Fairwind Ln., stated, with respect to Page IV4, c.,
Public Health and Safety issues 1, Geology and Seismicity, the comments
should be greatly expanded upon. He further stated there is not sufficient
attention given to geology under Goal 1, Page IV -7. He asked the Council
to address the concerns of excessive water and the dynamic geologic
conditions as a single item.
There being no further testimony offered, M/Papen closed the Public Hearing.
Responding to Mr. Smith, M/Papen stated the Development Code would
address the specifics.
Regarding IV -2, M/Papen and C/Ansari suggested that the second paragraph
under 1, Geology and Seismicity, be changed to read "There are existing
historical landslides and potential unstable hillside areas in Diamond Bar."
C/Mller recommended the last sentence, paragraph 1 under 3, Fire Protection
Services, Page IV -3 be changed to "The sphere of influence area adjacent to
Tonner Canyon does not presently have (or need) these same levels of
protection."
In response to M/Papen, CM/Belanger stated staff would provide all fire
station numbers in the second sentence, paragraph 2 under 3, Fire Protection
Services.
In accordance with Mr. Schad's wishes, C/Mller recommended that the fourth
sentence, first paragraph under 8, Noise, Page IV4 be stricken.
Responding to Council regarding the ambiguity of paragraph 2 under 8,
Noise, Page IV4, CDD/DeStefano recommended the Council give staff an
opportunity to indicate, through text and graphics, the concerns of the
Council.
JANUARY 24, 1995 PAGE 6
CM/Belanger indicated staff may create Page IV -14 to incorporate the
document to include the foundation for this information.
M/Papen suggested under 8, Noise, Page IV -6, Issue Analysis, that "rural
lifestyle" be changed to "quality of life" to read "Emphasizing its important on
quality of life, the City needs clear policies on how it will keep noise, primarily
from major roadways, from impacting existing as well as future residents."
Without objections, Council concurred.
Per MPT/Werner's wishes, M/Papen recommended changing Goal 1, Page
IV -7 to read "Consistent with the Vision Statement, create a secure public
environment which minimizes potential loss of life and property damage, as
well as social, economic or environmental disruption resulting from natural
and manmade disasters." Without objection, Council concurred.
C/Miller recommended changing Strategy 1.2.1, Page IV -7, to read "Where
applicable, as a prerequisite to new development or the intensification of
existing development, ensure that a drainage study has been completed by a
qualified engineer, certifying that the proposed development will be --�
adequately protected, and that implementation of the development proposal
will not create new downstream flood hazards." Without objection, Council
concurred.
Regarding Objective 1.2, M/Papen recommended striking "eliminate" and
"minimize" and move "minimize" to the beginning of the sentence so that it
reads "Minimize the potential for loss of life, physical injury, property damage,
public health hazards and nuisances from the effects of a 100 -year storm and
associated flooding." Without objection, Council concurred.
Responding to M/Papen, CMBelanger suggested the first sentence of
Strategy 1.8.1, Page IV -9 be changed to "Coordinate with the established Los
Angeles County Program for household hazardous waste collection according
to the provision of Section 41500 of the Public Resources Code (see also the
solid waste section of the Plan for Resource Management for additional
policies)."
In response to C/Miller, CM/Belanger recommended Strategy 1.5.1, Page
IV -8 be reworded as follows: "Refer proposals for new development and,
where appropriate, for the intensification of existing development to the
Sheriffs Department for review." —
With respect to Strategy 1.10.5, Page IV -11, add "Prior to occupancy" at the
beginning of the last sentence so that it reads: "Prior to occupancy, if the
required level of mitigation is not achieved, further corrective action will be
required.
JANUARY 24, 1995 PAGE 7
M/Papen recommended that Strategy 1.10.11, Page IV -11 be stricken. Mr.
Mann agreed.
C/Miller moved, C/Ansari seconded, based upon M/Papen's request, that the
Public Services and Facilities Element be amended as proposed, released to
the community at the earliest date and brought back to Council for approval
in 30 days. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller,
M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - MPT/Werner
CftvMer moved, C/Ansari seconded to direct staff, based upon the proposed
changes, to prepare the changes to the Public Health and Safety Element for
public review expeditiously and bring the finished document back to the
Council for approval in 30 days. With the following Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller,
M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - MPT/Werner
3. ANNOUNCEMENTS: None
4. ADJOURNMENT: There being no further business to conduct,
M/Papen declared the meeting adjourned at 8:15 p.m. to January 31; 1995 at 6:00
p.m. to discuss the Circulation Element.
L��URGESS,Clerk
ATTEST:
Mayor