HomeMy WebLinkAbout02/03/1998 Minutes - Regular MeetingCITY OF DIAMOND BAR
DEVELOPMENT CODE STUDY SESSION #3
FEBRUARY 3, 1998
1. CALL TO ORDER: Mayor Herrera called the meeting to order at 4:00 p.m.,
in the SCAOMD Hearing Board Room CC -2, 21865 Copley Drive, Diamond
Bar, California.
Present: Council Members Ansari, Huff, O'Connor, Mayor Pro
Tem Chang and Mayor Herrera.
Also present were: City Manager Terrence L. Belanger; Assistant City
Attorney Amanda Susskind; Deputy City Manager James DeStefano, Deputy
City Manager Frank Usher; Assistant to the City Manager Kellee Fritzal,
Senior Planner Catherine Johnson; City Clerk Lynda Burgess and Ron
Pflugrath, Paul Crawford and Bruce Jacobsen, Urban Design Studio
Consulting Team.
2. PRESENTATION OF DEVELOPMENT CODE ARTICLES IV and V.
ARTICLE IV:
Bruce Jacobsen explained that Article IV covers all of the permits and
procedures for filing and seeking application approval. Article V is the
administrative portion of the code that deals with the procedures that
address public hearings and noticing provisions, penal provisions,
revocation provisions and enforcement provisions. He further explained the
Threshold Review Chart on Page IV -3 which is designed to clarify the City's
review process.
C/Ansari stated her concerns about a lot line adjustment that was approved
without the Council's knowledge and how that can be avoided in the future.
DCM/DeStefano responded that the proposed policy is consistent with the
City's current policy that lot line adjustment decisions are made by staff. The
review process for lot line adjustment is contained within the Subdivision
Ordinance and the decision for future policies will be made by the Council.
CM/Belanger indicated to C/Ansari that the original request for lot line
adjustment with respect to Lots 1 and 61 was denied.
Mr. Jacobsen continued stating that the format of Chapter 48 on Page IV -11,
The Development Review Process, has been redesigned to make it more
understandable. There are two levels of development review: Planning
Commission and Administrative Development Review conducted by the
Hearing Officer. The items on Page 12 specify the various types of review
that fall into these two categories. The chapter concludes with a list of
review items and findings for granting approval. Further, he stated that
CITY COUNCIL
FEBRUARY 3, 1998 PAGE 2 STUDY SESSION
Chapter 50, Temporary Use Permits beginning on Page IV -17 describes
uses that do not require temporary use permits. Page IV -18 spells out
examples of uses that could approved through the temporary use permit
process for a time -certain generally not exceeding one year.
Mr. Jacobsen confirmed to C/Ansari that temporary car washes for fund-
raising purposes is an example of temporary permit use.
CM/Belanger indicated to C/O'Connor that some rules suggested within the
City's proposed Development Code may be preceded by other legislation or
case law. Current federal legislation requiring control of wash water flow into
storm drains, the number of permitted temporary car washes may be limited
or disallowed..
Mr. Jacobsen pointed out that the temporary use permit is approvable by
The Director and no public notice is required. Referring to Article V, he
stated that The Director is the Hearing Officer and is anyone the Planning
Director appoints - himself or someone appointed by him in his absence
including staff. The difference between The Director and Hearing Officer is
one of legal notice provision. The Director does not take action on any
permit requiring legal notice. The Hearing Officer acts on permits requiring
legal notice. The actions of the Director and the Hearing Officer are
appealable to the Planning Commission and to the City Councii. Minor
Variances that may be approved by the Director and maximum extent of
adjustment are listed on Page IV -23 and 24. The following chapter deals
with types of permits that require full legal notice.
Mr. Jacobsen responded to C/O'Connor that some cities use a flat 10%
adjustment variance and some cities go as high as 30 percent. Normally,
cities provide for a variance of 20 percent. Page IV -24 and IV -25 contain the
findings that the Director or Planning Commission must make to approve a
variance. Variances can only modify a provision or standard. A variance
does not grant a "use". Use variances are not legal. The Conditional Use
Permit determines "use". Variance findings are listed on Page IV -33. He
continued with Chapter 58 beginning on Page IV -35, Conditional Use
Process which outlines the process for evaluation of a site-specific proposal
to make certain that it is consistent and proper on the site. The Minor Use
Permit and Conditional Use Permit are triggered by the "Use Charts" located
in Article 11. The Planning Commission reviews and approves Conditional
Use Permits with appeal to the City Council.
Chapter 60 beginning on Page IV -39 deals with Specific Plans and speaks
to the use of a specific plan and specifies the authority government code and
when a specific plan would be required to be prepared, who may initiate a
specific plan, preparation and content of a specific plan, processing, and the
adoption of a specific plan. This chapter also speaks to the amendment of
CITY COUNCIL
FEBRUARY 3, 1998 = PAGE 3 STUDY SESSION
a previously adopted specific plan, when necessary.
Chapter 62 begins on Page IV -43 and deals with the process for adopting,
amending or cancelling Development Agreements. Anything taking place
within a development area that has an agreement must comply with the
development agreement, as in the case of a specific plan.
ARTICLE V:
Mr. Jacobsen stated that Article V, beginning on Page V-3 with Chapter 64,
defines the different participants in the processing and review procedures for
applications. This chapter outlines the City Council's role as it relates to
land use matters as described within the Development Code. Chapter 66,
Permit Implementation and Time Extensions beginning on Page V-7, is an
all-encompassing chapter that in most cases deals with permits that have
already been granted and how they are dealt with in various stages of
implementation.
Mr. Jacobsen responded to CM/Belanger that the Conditional Use Permit is
a discretionary action on the part of the Planning Commission and is subject
to referendum action. He pointed out that the exact project may not be
refiled within one year unless there is significant new information available
for consideration. The Director shall determine whether the new application
is for a discretionary land use permit or entitlement which is the same or
substantially similar to the previously approved or disapproved permit or
entitlement. The determination of the Director may be appealed to the
Planning Commission. Covenants for Easement on Page V-11 is a
housekeeping item when an easement is necessary to achieve the City's
land use goals. Chapter 68 beginning on Page V-13 is very comprehensive
which deals with all of the identifiable types of non -conformities. It defines
the nonconformities and speaks to the City's as well as, the property owner's
rights in terms of the continuing operation of the non -conforming activity.
C/Ansari asked if this chapter addresses the matter of a property owner
concreting his entire front yard and parks cars in that area.
Mr. Jacobsen responded that C/Ansari's example is an illegal use. He
pointed out that Chapter 68 refers to legal non -conforming uses which do not
apply under the new code.
C/O'Connor expressed concerns about her understanding of this Chapter.
Mr. Jacobsen said that Chapter 70, beginning on Page V-21 speaks to the
commitments of the City's General Plan, the City's official Zoning Map and
this new Development Code. This chapter speaks to eligibility for filing,
specifies the need for public hearing, specifies staff review, Planning
CITY COUNCIL
FEBRUARY 3, 1998 PAGE 4 STUDY SESSION
Commission review with recommendation to the City Council, and the
Council's authority to approve these changes. Chapter 72 covers public
hearings and describes the nature of the hearing notice, the method for
distribution, and radius to be used (small chart on Page V-26) from the
subject parcel.
Mr. Jacobsen responded to C/O'Connor that the State mandates a minimum
of 300 feet for radius of notification. D.B. may exercise its flexibility in this
matter in light of the City's topography.
DCM/DeStefano stated that Development Code matters to be considered for
change or revision are most likely discussed through the public hearing
process.
Mr. Jacobson continued explaining that Chapter 74 beginning on Page V-29,
covers the appeal process for any matters approved by bodies other than
the City Council.
Responding to C/Ansari, CM/Belanger stated that costs for appeals are
found in the fee schedule.
DCM/DeStefano stated the City's current appeal rate is a flat fee of $500 for
non -applicants. Applicants are charged for appeal processing based on the
project from funds held in reserve for the project.
C/Ansari asked if under any circumstances an appeal cost can be waived.
DCM/DeStefano responded that under the City's current method, costs are
not waived. The minimum cost for a public hearing is about $300 for the
advertisement.
ACA/Susskind stated that it does not serve the City well to waive appeal
costs. If costs are reduced or waived on behalf of the applicant, the City
must bear the cost.
DCM/DeStefano cautioned that there is a danger in setting the process at
such a low cost that it encourages citizens to routinely file appeals.
Mr. Jacobsen pointed out that the appeal must be filed within 10 days of the
approval of the resolution (see Page V-30 A.) Chapter 76, Revocations and
Modifications beginning on Page V-31 provides procedures for securing
revocation or modification of previously approved applications, permits and
entitlements. Chapter 78, Enforcement, Page V-33 through V-38, sets forth
the responsibilities and authorities of City departments and individuals who
are rendered responsible for implementing and enforcing the provisions of
the Development Code, the applicant's rights to appeal those decisions, the
CITY COUNCIL
FEBRUARY 3, 1998 PAGE 5 STUDY SESSION
3.
civil and criminal methods available to the City for enforcement of the
Development Code, recovery of costs, and additional permit processing fees
and reinspection fees as required by the project.
C/O'Connor asked if Council Members will be receiving updates to the
Development Code.
DCM/DeStefano responded that in accordance with study session
comments, updated and corrected Development Code pages will be
provided in Council Member packets prior to discussion of the item.
Substantive changes will be made following public hearing.
CITY COUNCIL GOALS DISCUSSION:
CM/Belanger presented the Calendar of Events from the personnel
committee. The Calendar of Events sets forth the time frame in which the
City Council will evaluate the goals and objectives that was set by the City
Council for Fiscal Year 1997/1998. The purpose is to determine the status
of the goals and objectives for Fiscal Year 1997/1998 as well as, to look
forward to Fiscal Year 1998/1999 and beyond. The City Council will also
define the process by which it will evaluate the City Manager. The Council
will have an opportunity to consider the list, receive public input, and offer
suggestions for the revised list to be presented in March, 1998.
C/Ansari asked for a report with commentary on the Fiscal Year 1996/1997
items.
M/Herrera said that she would like for the Council Members to be provided
an update on the Fiscal Year 1996/1997 items before proceeding.
CM/Belanger explained the following Fiscal Year 1996/1997 Goals and
Objectives items have been completed:
1) A series of customer service seminars.
2) Draft economic development plan preparation.
3) A two year Capital Improvement Program.
4) Expansion of Community Volunteer Patrol program - ongoing.
5) City Hall planning - ongoing.
6) Analyze feasibility of in-house recreation program.
(Report has been prepared and the City Council is expected
to review this item with outside facilities proposals for
recreation contracts in April, 1998.
7) Improvements and Expansion of in-house system - ongoing.
8) Land use application permit use streamlining - in process.
9) Revise Planning, Engineering and Building fee schedules -
draft prepared and with City Attorney for review prior to public
CITY COUNCIL
FEBRUARY 3, 1998 PAGE 6 STUDY SESSION
hearing.
CM/Belanger responded to M!Herrera that the Chamber of Commerce is in
the process of compiling a list of businesses in the City.
10) Evaluate implementation of volunteer home improvement
program (by supporting the DBIA program).
ONGOING GOALS:
1) Budget shortfall remediation planning.
2) D.B. Blvd. resurfacing (except the area between Palomino Dr.
and Temple Blvd.).
3) Master Plan of Parks and Facilities preparation.
4) Pathfinder Rd. resurfacing (with the exception of the portion
between Shaded Wood Rd. to the City limits).
5) Pantera Park (May, 1998).
6) Peterson Park ADA Retrofit - two weeks.
7) Monitor mitigation plans for westerly City limit landslide -
ongoing.
8) Development Code preparation - ongoing.
9) Evaluate existing organization - ongoing.
10) Evaluate the fit of individuals into reorganized activities -
ongoing.
11) Heritage Park Traffic Study - implemented.
12) Country View Dr. Traffic Study - implemented.
13) School Traffic Study - to City Council in March, 1998.
14) Revised staff classification compensation plan. Additional
personnel related actions will be presented to the City Council
for consideration and adoption of a formal classification and
compensation plan.
15) Evaluate software programs and implement financial
management software. A parallel system will be run through
fiscal year end to preserve the integrity of the City's financial
information.
16) Establish public/public, private/public partnerships where
appropriate - ongoing.
17) Evaluate traffic impacts on economic development - ongoing.
18) Disaster planning preparedness - ongoing.
19) Develop an Impact Fee Schedule - ongoing through the
Development Code process.
20) Analyze adoption of the Overnight Parking Ordinance (Task
Force in process)
CM/Belanger responded to M/Herrera that staff will provide a written
itemized summary of tonight's discussion.
CITY COUNCIL
FEBRUARY 3, 1998 PAGE 7 STUDY SESSION
M/Herrera asked Council Members to provide their re -ranking of goals and
objectives to staff by Wednesday, February 18, 1998 for inclusion in staffs
report.
4. ADJOURNMENT: There being no further business to conduct, Mayor
Herrera adjourned the study session at 6:15 p.m. to the regular City Council
meeting.
LYNDA BURGESS, City Clerk
ATTEST:
Mayor
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 3, 1998
STUDY SESSION: 4:06 p.m., AQMD Room CC -2
a. Development Code
b. City Council Goals
STUDY SESSION ADJOURNED AT 6:15 P.M.
CLOSED SESSION: None
2. CALL TO ORDER: Mayor Herrera called the meeting to order
at 6:40 p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond
Bar, California.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Todd
Kurtin of SunCal Properties.
INVOCATION: Dr. Robert T. Cassel, Northminster
Presbyterian Church.
ROLL CALL: Council Members Ansari, Huff, O'Connor,
Mayor Pro Tem Chang and Mayor Herrera.
Also present were: Terrence L. Belanger, City Manager; Amanda
Susskind, Assistant City Attorney; James DeStefano, Deputy City
Manager; Frank Usher, Deputy City Manager; David Liu, Deputy
Public Works Director; Bob Rose, Community Services Director;
Linda Magnuson, Assistant Finance Director and Lynda Burgess, City
Clerk.
APPROVAL OF AGENDA: The City Council concurred to
approve the agenda as recommended.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Presented City Tile to Seymour and Phyllis Markman, owners of
Robin's Hallmark and Office Supply.
3.2 Presented City Tile to Michael P. Garofalo, Regional Administrator
with the County of Los Angeles Public Library upon the event of his
retirement.
4. PUBLIC COMMENTS: Jerry White, Director of the Walnut/D.B.
YMCA, announced that the Y's annual support campaign kickoff will be held
on Wednesday, February 4, 1998 at 5:00 p.m. at the Shilo Inn. He thanked
Council Members Ansari and O'Connor for their assistance.
FEBRUARY 3, 1998 PAGE 2 CITY COUNCIL
Clyde Hennessee spoke about the importance of careful consideration for
the content of the City's proposed Development Code.
5. SCHEDULE OF FUTURE EvE�4TS:
5.1 PLANNING COMMISSION MEETING - February 10, 1998 - 7:00
p.m., AQMD Auditorium, 21866 E. Copley Dr.
5.2 TRAFFIC AND TRANSPORTATION COMMISSION - February 12,
1998 - 7:00 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr.
5.3 PARKS MASTER PLAN SUBCOMMITTEE MEETING - February 12.
1998 - 6:30 p.m., Rooms CC -3 and CC -5, 21865 E. Copley Dr.
5.4 PRESIDENT'S HOLIDAY - February 16, 1998 - In observance, City
Offices will be closed. Offices will reopen on Tuesday, February 17,
1998.
5.5 CITY COUNCIL MEETING - February 17, 1998 - Work Session 4:00
p.m. and Regular Meeting 6:30 p.m., AQMD Auditorium, 21865 E.
Copley Dr.
6. CONSENT CALENDAR: C/Huff moved, C/Ansari seconded,
to approve the Consent Calendar as presented. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang,
M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED MINUTES - Regular Meeting of January 20, 1998 -As
amended.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES -
Regular Meeting of December 9, 1997.
6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MINUTES - Regular Meeting of November 20, 1997.
6.4 APPROVED VOUCHER REGISTER dated February 3, 1998 in the
amount of $587,920.84.
6.5 RECEIVED AND APPROVED TREASURER'S REPORT for
December, 1997.
6.6 DENIED CLAIMS FOR DAMAGES AND REFERRED THE MATTERS
FOR FURTHER ACTION TO CARL WARREN & CO., THE CITY'S
RISK MANAGER:
FEBRUARY 3, 1998 PAGE 3 CITY COUNCIL
6.6.1 Filed by Somchit Tanehaskdi on January 12, 1998.
6.6.2 Filed by Ruth Loudon on January 14, 1998.
6.7 ADOPTED RESOLUTION NO. 98-06: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
PLANS AND SPECIFICATIONS FOR THE ENVIRONMENTAL
ENHANCEMENT AND MITIGATION TREE PLANTING PROJECT
ALONG STATE ROUTES 57 AND 60 IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE
TO RECEIVE BIDS - Received grant in the amount of $200,000.
6.8 ADOPTED RESOLUTION NO. 98-07: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 6 WITH
THE DIAMOND BAR REDEVELOPMENT AGENCY - in the amount
of $11,000.
6.9 APPROVED CONTRACT AMENDMENT WITH URBAN DESIGN
STUDIO FOR PREPARATION OF THE DEVELOPMENT CODE - to
extend the contract through June, 1998 and increase the contract
amount by $10,000.
6.10 APPROVED AMENDMENT NO. 4 TO THE CONSULTING
SERVICES AGREEMENT WITH J. MICHAEL HULS, R.E.A., FOR
FACILITATION OF THE CITY OF DIAMOND BAR SOLID WASTE
STANDARDS TASK FORCE - authorized the Mayor to execute
Amendment No. 4 with J. Michael Huls, R.E.A., in an amount not -to -
exceed $3,000 and provide an amount of $500 for additional work to
be approved by the City Manager, for a total authorization of $3,500.
7. PUBLIC HEARINGS:
7.1 RESOLUTION NO. 98-08: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING VESTING
TENTATIVE TRACT MAP NO. 50314, AND CERTIFYING
ENVIRONMENTAL IMPACT REPORT NO. 97-1 (SCH 96-071104)
AND APPROVING THE MITIGATION MONITORING PROGRAM SET
FORTH THEREIN FOR A 15 LOT SUBDIVISION LOCATED
SOUTHEAST OF THE MOST SOUTHERLY INTERSECTION OF
STEEPLECHASE LANE AND WAGON TRAIN LANE, DIAMOND
BAR, CALIFORNIA - Michael Houlihan, AICP, Michael Brandman
Associates, presented an overview of the Draft Environmental Impact
Report (DEIR) for Vesting Tentative Tract Map No. 50314 (VTTM
50314).
FEBRUARY 3, 1998 PAGE 4 CITY COUNCIL
C/Ansari asked Mr. Houlihan to comment on the California Fish &
Wildlife Service's concerns regarding coastal sage and urban
pollution runoff.
Mr. Houlihan responded that, based upon the quantity and quality of
coastal sage scrub found on the project site, it lacks suitability for
providing a habitat for the Gnatcatcher. Therefore, the EIR does not
recommend replacement. The proposed mitigation calls for coastal
sage scrub and native grasses as part of the revegetation program.
Runoff detention areas will capture pollutants prior to release of
surface water into Tonner Canyon.
In response to C/O'Connor, DCM/DeStefano explained that Mr.
Houlihan responded to letters from the Endangered Habitats League
and the U.S. Department of Interior and the documentation is
included in the Response to Comment document of the
Environmental Impact Report which was entered into the record at the
Planning Commission meeting. Staff will provide copies of the
responses to Council.
Mr. Houlihan responded to C/Ansari that the Buyers' Awareness
brochure includes references to the preservation of development area
wildlife.
M/Herrera declared the Public Hearing open.
Applicant Kurt Nelson, Windmill Development, 3480 Torrance Blvd.,
Suite 300, Torrance, stated that the Crystal Ridge Homeowners
Association CC&R's contain a number of provisions to fulfill long-term
environmental conditions and advice to homeowners regarding their
proximity to the adjacent SEA and their associated responsibilities
toward its preservation. He also spoke to Council Member's concerns
about letters from governmental agencies questioning the EIR
findings and Michael Brandman Associates' responses.
In response to C/Ansari, Lex Williman, Hunsaker & Associates
Planning Director, pointed out the ancient landslide area and outlined
proposed measures to mitigate further landslide activity at the site.
He stated that the City's geotechnical report's requirements for a
tentative map require detailed responses.
In response to C/O'Connor, Mr. Nelson stated that one individual and
Windmill Development comprises the investor group.
Responding to C/Huff, Mr. Nelson and DCMIDeStefano explained the
oak tree replacement survival rate for Tracts 47850 and 47851. Due
FEBRUARY 3, 1998 PAGE 5 CITY COUNCIL
to the mortality rate, the replacement rate proposed for this project is
4:1. The native, genetic seed stock is recycled for replacement use
to preserve genetic structure of the site.
Responding to C/Huff, Mr. Nelson supported the idea of printing the
Buyers' Awareness Package in Chinese. He explained the status of
the homeowners association's efforts to annex to 'The Country
Estates" and stated that the Crystal Ridge Homeowners Association
fulfills a number of the City's conditions which 'The Country Estates"
Homeowners Association does not enjoy. He asked that the
annexation condition be dropped. He stated that the TADCO
agreement provides that a per lot pro -rata amount of $3,000 per lot
one-time fee and a portion of the monthly association dues be set
aside for any additional costs for use of the approximate one mile
route from D.B. Blvd. gate to the edge of Crystal Ridge.
In response to MPT/Chang, Mr. Nelson explained that the escrow
instructions and Buyer's Awareness Package draws the distinction
that the development is located in 'The Country" but that the property
is not part of The Country Estates Homeowners Association. These
documents explain the buyer's option to pay a $4,500 one-time fee
and full Country Estates assessments thereafter which would provide
the use of all facilities as spelled out under the TADCO agreement.
He explained why he does not believe divisiveness is a factor in the
development's autonomy from 'The Country Estates" and why
annexation should not be forced upon Crystal Ridge homeowners.
In response to C/O'Connor, Mr. Nelson stated that TADCO is an
acronym for Transamerica Development Company which was the
master developer for D. B.
Art O'Daly, past President of The Country Estates Homeowners
Association, said that his Board of Directors favorably anticipated the
annexation of Crystal Ridge. He believed that most residents of The
Country are unaware of the status of the lawsuit between the
homeowners association and Windmill Development. Although the
present Board of Directors appears to be unwilling to work with
Crystal Ridge toward annexation, he believed most members of The
Country Estates Homeowners Association would favor annexation.
There being no further testimony offered, M/Herrera closed the Public
Hearing.
In response to M/Herrera, DCM/DeStefano explained that there are
no map and deed restrictions on the property and, therefore, the
developer is not required to compensate the City. The developed
FEBRUARY 3, 1998 PAGE 6 CITY COUNCIL
project will be required to contribute $20,000 to 525,000 in Quimby
Fees and a substantial amount to the Walnut School District. The
project is creating property tax revenue to the City.
In responses to C/O'Connor, DCM/DeStefano stated that, with
adoption of both Resolutions, Paragraph B. 3., Page 2 will be
removed in its entirety. Paragraph I, Page 4 will be corrected to begin
with "As mitigated, the design," etc. Deletion of Condition No. 53 on
Page 21 of the Resolution was recommended. Further, he reported
that the environmental consultant found petrified wood and marine
fossils on the site.
Mr. Houlihan responded to C/O'Connor that additional findings could
delay the project while paleontologists can adequately assess the
findings. No fossils have been found on the adjacent tracts.
In accordance with C/O'Connor's request, DCM/DeStefano
summarized contents of the August 6, 1997 letter from Michael
Brandman Associates to the City responding to comments made
during the July 22, 1997 Planning Commission meeting.
C/Huff moved, C/Ansari seconded, to adopt Resolution No. 98-08
approving Vesting Tentative Tract Map No. 50314 and Zone Change
No. 96-1 and Certifying Environmental Impact. Report No. 97-1 (SCH
96-071104) and approving the Mitigation Monitoring Program set forth
therein for a 15 lot subdivision located southeast of the most
southerly intersection of Steeplechase Lane and Wagon Train Lane,
as amended. Motion carried by Roil Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor,
MPT/Chang, M/Herrera
NOES: COUNCIL MEMBERS- None
ABSENT: COUNCIL MEMBERS - None
C/Ansari requested that all future historic finds be retained by the
City.
C/Huff moved, C/O'Connor seconded, to adopt Resolution No. 97-09
approving Hillside Management and Significant Ecological Area
Conditional Use Permit No. 96-1 and Oak Tree Permit No. 96-1 for
Vesting Tentative Tract Map No. 50314, a 15 lot subdivision located
southeast of the most southerly intersection of Steeplechase Lane
and Wagon Train Lane as amended (Page 2. 8.3, Condition No. 25 ,
and Condition No. 53). Motion carried by the following Roll Call vote:
FEBRUARY 3, 1998 PAGE 7 CITY COUNCIL
AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor,
MPT/Chang, M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7.2 RESOLUTION NO. 98-10: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE
PARCEL MAP NO. 22987 FOR THE SUBDIVISION OF A 5.2 ACRE
SITE INTO THREE LOTS FOR CURRENT AND FUTURE
COMMERCIAL DEVELOPMENT, LOCATED AT 259 GENTLE
SPRING LANE, DIAMOND BAR, CALIFORNIA - In response to
C/Ansari, DCM/DeStefano explained that if the lot is sold, the seller
must disclose to any potential buyer the flood hazard condition that
exists on the property.
Responding to C/O'Connor, DCM/DeStefano related that the Planning
Commission was concerned that the parcelization of the site may not
improve the area in accordance with the Redevelopment Agency's
goals.
M/Herrera declared the Public Hearing open.
Carl Kobbins, project engineer and applicant, concurred with the
conditions of approval.
Clyde Hennessee said he favored the project and expressed
concerns regarding the close proximity of the proposed traffic signal
installation at Gentle Spring Ln. and D.B. Blvd. to other traffic signals
on D.B. Blvd. He recommended the Council consider a three-way
stop sign installation in lieu of a traffic signal.
Mr. Kobbins stated that the proposed traffic signal installation is a
condition of approval imposed by the City.
There being no further testimony offered, M/Herrera closed the Public
Hearing.
CM/Belanger explained that the traffic signal installation at the
intersection of Gentle Spring Ln./Palomino Dr. and D.B. Blvd, was
scheduled to begin construction on February 2, 1998. Construction
will commence when the rain stops. The project under consideration
was submitted subsequent to the Council's decision to install the
signal. The applicant is required to pay their pro -rata share of the
signal installation which is $6,500.
C/Ansari moved, C/O'Connor seconded, to adopt Resolution No. 98-
FEBRUARY 3, 1998 PAGE 8 CITY COUNCIL
10 approving Tentative Parcel Map 22987 subject to the conditions
of approval within the Resolution, as amended by ACA/Susskind
(Page 3, Finding G - add: "and for the proposed density of the
development" and correction of Finding 0 to "Century
Communications" by C/O'Connor). Motion carried by the foliowing
Roll Call vote:
AYES:
NOES:
ABSENT
8. OLD BUSINESS:
COUNCIL MEMBERS -
COUNCIL MEMBERS -
COUNCIL MEMBERS -
Ansari, Huff, O'Connor,
MPT/Chang, M/Herrera
None
None
8.1 SECOND READING OF ORDINANCE NO. 01 (1995): AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AMENDING CHAPTER 8.16 OF TITLE 8 OF THE DIAMOND
BAR CITY CODE ADOPTING REQUIREMENTS AND STANDARDS
RELATING TO THE COLLECTION, RECYCLING,
TRANSPORTATION AND DISPOSAL OF SOLID WASTE,
RECYCLABLE AND COMPOSTABLE MATERIALS - MPT/Chang
moved, C/Huff seconded, to approve second reading by title only,
waive full reading and adopt Ordinance No. 01 (1998): Amending
Chapter 8.16 of Title 8 of the Diamond Bar City Code adopting
requirements and standards relating to the collection, recycling,
transportation and disposal of solid waste, recyclable and
compostable materials. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor,
MPT/Chang, M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8.2 APPOINTMENT OF TASK FORCE MEMBERS.
8.2.1 SOLID WASTE - M/Herrera announced that the first meeting
will be held on Monday, February 9, 1998 at 6:30 p.m. at
Heritage Park. The following persons were named to the task
force:
Mohammed AI-Jabani (Ansari)
Al Perez (Ansari)
Alan Wilson (Ansari)
Red Calkins (Herrera)
Ana Cortez (Herrera)
Ed Hain (Herrera)
FEBRUARY 3, 1998 PAGE 9 CITY COUNCIL
Brian Woods (Herrera)
William George -(Huff)
Diane Williams (Huff)
Tom Churchill (O'Connor)
Steve Dinkin (O'Connor)
Scott Lin (Chang)
Johnny Liu (Chang)
Appointment by DBIA - Dave Reynolds
8.2.2 OVERNIGHT PARKING - M/Herrera announced that the first
meeting will be held on Wednesday, February 11, 1998 at
6:30 p.m. in the AQMD Room CC -2. The following persons
were named to the task force:
Martha Bruske (Ansari)
Paula Dryburgh (Ansari)
Clyde Hennessee (Ansari)
Jack Tillery (Ansari)
Richard Craven (Herrera)
Maya Kobler (Herrera)
Barbara Parker (Herrera)
Thom Pruitt (Herrera)
Al Rumpilla (Herrera)
Lloyd Stoa (Herrera)
Terry Haldiman (Huff)
Don Hartshorn (Huff)
Mike McGuire (Huff)
Marianne Milligan (Huff)
Edda Gahm (O'Connor)
Tim Good (O'Connor)
Don Gravdahl (O'Connor)
Berry Powell (O'Connor)
Lydia Plunk (O'Connor)
Rick Wang (Chang)
Marcus Chen (Chang)
Chuck Sun (Chang)
George Kuo (Chang)
Appointment by DBIA - Joe McManus
8.3 APPOINTMENT OF COMMUNITY ADVISORY COMMITTEE
MEMBERS - Continued to February 17, 1998.
8.4 FISCAL YEAR 1997-98 MID -YEAR BUDGET AMENDMENT -
C/O'Connor moved, C/Ansari seconded, to approve staffs
FEBRUARY 3, 1998 PAGE 10 CITY COUNCIL
recommendations and other actions required to implement
recommended modifications to the Fiscal Year 1997-1998 Budget.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor,
MPT/Chang, M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8.5 LEASE AGREEMENT WITH TRAMMELL CROW COMPANY FOR
SPACE LOCATED AT 21660 E. COPLEY DRIVE, SUITES 110, 150
AND 190 CONSISTING OF APPROXIMATELY 10,552 RENTABLE
SQUARE FEET - a four year lease for Suites 110, 150 and 190 at
21660 E. Copley Drive.
Following discussion, C/Huff moved, MPT/Chang seconded, to
contract with Trammel Crow Co. for additional office space. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor,
MPT/Chang, M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8.6 RESOLUTION NO. 98-11: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR PROHIBITING COMMERCIAL
VEHICLES OVER FIVE TONS (10,000 POUNDS) FROM PARKING
ON THE SOUTH SIDE OF FOUNTAIN SPRINGS ROAD BETWEEN
THE DRIVEWAYS OF COUNTRY HILLS TOWNE CENTER AND
FOUNTAIN SPRINGS PLAZA - C/Huff moved, MPT/Chang seconded,
to adopt Resolution NO. 98-11 prohibiting commercial vehicles over
five tons (10,000 pounds) from parking on the south side of Fountain
Springs Rd. between the driveways of Country Hills Towne Center
and Fountain Springs Plaza. Motion carried by the following Roll Call
vote:
AYES
NOES:
ABSENT
9. NEW BUSINESS:
COUNCIL MEMBERS -
COUNCIL MEMBERS -
COUNCIL MEMBERS -
Ansari, Huff, O'Connor,
MPT/Chang, M/Herrera
None
None
9.1 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
CITY OF DIAMOND BAR AND THE INDUSTRY URBAN
DEVELOPMENT AGENCY FOR THE PAYMENT OF IMPACT
FEBRUARY 3, 1998 PAGE 11 CITY COUNCIL
MITIGATION MONIES RELATED TO THE EASTERLY INDUSTRIAL
PROJECT - Following discussion, C/Huff moved, C/Ansari seconded,
to approve the Memorandum of Understanding (MOU) between the
City of Diamond Bar and the Industry Urban Development Agency for
payment of traffic mitigation monies related to the Easterly Industrial
Project as recommended by staff with direction regarding litigation
and incorporation into the record of the January 28, 1998 letter.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor,
MPT/Chang, M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
RECESS TO REDEVELOPMENT AGENCY MEETING: 11:02 p.m.
RECONVENE CITY COUNCIL MEETING: M/Herrera reconvened the City
Council meeting at 11:10 p.m.
10. COUNCIL SUBCOMMITTEE REPORTS: C/O'Connor stated the next Parks
Master Plan subcommittee meeting will be held on Thursday, February 12,
1998 in AQMD Rooms CC -3 and CC -5.
C/Ansari said that, as a result of the successful NPDES Conference, the City
will run a motion through SCAG to attempt to get additional point-to-point
money from the water bond issue.
MlHerrera stated that she and MPT/Chang serve on the Economic
Development subcommittee which meets on February 10, 1998 at 4:00 p.m.,
and on the City Manager Evaluation/City Council Goals subcommittee which
is assessing and re -prioritizing the goals that have not been completed.
11. COUNCIL COMMENTS: C/O'Connor asked the public to support the Girl
Scouts and place their orders for cookies.
C/Huff reported that all five Council Members attended the Leadership
Conference in January. He indicated he attended a Chamber mixer at the
new Chamber of Commerce facility in the Walnut Pools building and a
Chinese New Year presentation by Maple Hill Elementary students at the
City Library.
MPT/Chang thanked the audience for their participation in the meeting. He
reported that the Chinese delegation visited the City and conveyed the
Chinese New Year's greeting to staff. The D.B. Chinese Association
Chinese New Year Festival will be held at D.B.H.S. on Saturday, February
FEBRUARY 3, 1998 PAGE 12 CITY COUNCIL
14, 1998, from 10:00 a. m. to 1:00 p.m.
C/Ansari thanked C/O'Connor and MPT/Chang for their enthusiasm and
interest in learning about City government. She thanked C/O'Connor,
C/Chang and M/Herrera for their attendance and support at the NPDES
workshop. The Kiwanis Club and Friends of the Library will host the
fundraising play "Love Letters" on February 14, 1998. She wished the
Chinese residents a Happy New Year.
M/Herrera thanked fellow Council Members and CM/Belanger for attending
the League of Cities City Council/City Manager Leadership Team Workshop
on January 21, 22 and 23.
12. ADJOURNMENT: There being no further business to conduct, M/Herrera
adjourned the meeting at 11:20 p.m. in memory of former D.B. Kiwanis Club
Member and resident Jim Adams.
LY A BURGESS, City Clerk
ATTEST:
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Mayor