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HomeMy WebLinkAbout05/05/1998 Minutes - Regular MeetingCITY COUNCIL STUDY SESSION SCHOOL TRAFFIC STUDY PAVEMENT MANAGEMENT SYSTEM MAY 5, 1998 CALL TO ORDER: Mayor Herrera called the meeting to order at 4:05 p.m., in the South Coast Air Quality Management District Room CC -2, 21'- 3 Copley Drive, Diamond Bar, California. Present: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang and Mayor Herrera. Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Director of Public Works; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Director and Lynda Burgess, City Clerk. Also present: John Whitman, Charles Abbott & Associates. 2. SCHOOL TRAFFIC STUDY: MAPLE HILL ELEMENTARY SCHOOL Regarding Recommendation #1 on Pg. 11-5 - removal of the existing crosswalk from a location in front of the school parking lot driveway and relocation of the existing crosswalk to a consolidated student crossing directly in front of the school - DDPW/Liu stated that C/O'Connor asked why this recommendation was made. He responded that the existing crosswalk is located north of the exit driveway and the recommendation proposes to consolidate the student crossing directly in front of the school in order for students to avoid a potential conflict with vehicles entering the driveway. A crossing guard will be located at the crosswalk to monitor students. The new crosswalk will be located a little above the entrance to the parking lot. C/O'Connor pointed out that the children will have to cross the driveway to get to the parking lot. Doesn't it make more sense to put it below the driveway so that the kids don't have to cross the driveway to get to the crosswalk? DDPW/Liu explained that there might be a potential conflict with the driveway if the crosswalk were located south of the driveway. There will be a crossing guard at this location. C/O'Connor said she did not believe the proposed change would offer students a safer alternative and if the current system is working, why change it. In response to C/Huff, DDPW/Liu reported that the recommendation was MAY 5, 1998 PAGE 2 COUNCIL STUDY SESSION supported by the school principal. C/Huff suggested that further discussion take place with the school principal because it appears as though we are fixing something that's not broken. M/Herrera concurred to direct City staff to further work with school staff regarding the recommendations. WALNUT ELEMENTARY SCHOOL In response to C/O'Connor, DDPW/Liu stated that a three-way stop warrant study was conducted for the intersection of Glenwick Ave. and Lycoming St. and reported that the intersection is not warranted for a three-way stop. SOUTH POINTE MIDDLE SCHOOL C/O'Connor stated that the Dr. Kay Knepp told her that school buses will not utilize the secondary access road because pupil time on the bus is limited and excess ridership time would be expended if the route is changed. DDPW/Liu pointed out that the study does not make reference to buses using the secondary access road. C/O'Connor said that last meeting's minutes reflect DDPW/Liu's statement that the buses would be using the secondary access road. In response to C/O'Connor, M/Herrera responded that she is not familiar with the requirement to limit pupil bus times. C/O'Connor suggested that Council amend the school study to recommend that the school district attempt to use the secondary road for buses as much as possible. CM/Belanger reported that staff met with the school district last week to review plans for passenger dropoff as well as school bus dropoff in the cul- de-sac area at the end of Diamond Ln. He is not certain that all school officials are in sync. Staff will contact school administration to determine their point of view with respect to school bus routing. Council concurred to add C/O'Connor's recommendation that the school district attempt to use the secondary access road to the extent possible. DIAMOND BAR HIGH SCHOOL C/Huff recommended consideration of a Brea Canyon Rd. dropoff site for students because there are no residences in the immediate area that would be impacted. MAY 5, 1998 PAGE 3 COUNCIL STUDY SESSION M/Herrera asked about the feasibility, on Brea Canyon Rd., of the school granting an easement to the City to move their property line back into the school property (slope area) on the east side of the school in order to provide additional room for diagonal parking. DDPW/Liu responded that there is sufficient right-of-way to accommodate diagonal parking on the easterly side of Brea Canyon Rd. Following discussion regarding traffic circulation around the school, M/Herrera suggested that the consultant conduct further research into the matter. CM/Belanger recommended that this item be placed on the June 2, 1998 Council agenda for final consideration. Council concurred with this recommendation. 3. PAVEMENT MANAGEMENT SYSTEM: Ao WhImr, Nll2s 40t� & Amc!8* psvled 8 ovmigw �wO mn SO I 11n a�tl ho �ewv�l Ne1�na 0165Armwi w9u AWAU1 AP19 2 90 OOM 10d MOIL(, u9 219191 f0919 916 .L A A. ,..-- - .1 � MAY 5, 1998 PAGE 4 COUNCIL STUDY SESSION materials. There have been mixed results with rubberized asphalt and more consistent results with conventional asphalt. C/Huff asked why the City is proceeding with the northern portion of D.B. Blvd. when there are streets in the City that are in worse condition. Mr. Whitman believed the D.B. Blvd. project is a good example of not going to the worst street first and that the City will realize more for its dollar by fixing that street at this time. CM/Belanger explained that choosing what streets to rehabilitate is a matter of funding and how those funds can be used. There is more money available for arterial projects than for collector street projects. Mr. Whitman recommended that the City proceed with about $1.98 million of improvements per year to complete the five year program; that the City reduce its 7 -year slurry seal program to a 5 -year program; and that the City update its 5 -year program each year with an update every 2 years. In response to M/Herrera, CM/Belanger reported that the major funding sources for street rehabilitation are ISTEA, Prop C, redevelopment and gas tax monies (the most flexible of the sources). As a general rule, the City allocates approximately $1.98 million for street improvements. The City should have enough money to do major roadways, but the challenge will be to free up sufficient resources to do residential streets. He further stated that the philosophy of the Redevelopment Project Area was to free up gas tax monies to do additional slurry on residential streets. The Redevelopment Project Area presumes $2,000,000 per year in infrastructure improvements. Major infrastructure improvements will attract the most money which affects the well-being of most of the commercial areas. In addition, the philosophy has been to save the City's General Fund by first using other revenue sources. In response to MPT/Chang, CM/Belanger stated that the City will be able to spend the $1.98 million per year on street improvements without stressing any other revenue sources such as the General Fund. In responses to C/O'Connor, Mr. Whitman explained that the Pavement Management System is accessible through the City's computer network. 4. ADJOURNMENT: There being no further business to conduct, Mayor Herrera adjourned the Study Session at 5:38 p.m. to Closed Session. LYNDA BURGESS, City Clerk MAY 5, 1998 PAGE 5 COUNCIL STUDY SESSION ATTEST: Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 5, 1998 STUDY SESSION: 4:05 p.m., AQMD Room CC -2 a. School Traffic Study b. Pavement Management System CLOSED SESSION: 5:38 p.m. - Conference with Legal Counsel - Existing Litigation (Subdivision (a) of Section 54956.9 - City of Diamond Bar vs IPS. Closed Session adjourned at 6:15 p.m. 2. CALL TO ORDER: Mayor Herrera called the meeting to order at 6:40 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. CA/Jenkins reported that Council's decisions in Closed Session are not reportable this evening because they do not represent a final action. PLEDGE OF ALLEGIANCE: Martha Bruske INVOCATION: Dr. Ted Martinez, Evangelical Free Church of Walnut. ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera. Also Present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Director of Public Works; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson; Assistant Finance Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: CM/Belanger stated that a modified recommendation will be presented relating to Item No. 8.1, Budget Amendment. He recommended that the second budget amendment for FY 1998/99 be considered at the May 18, 1998 Council meeting and that tonight's action be related to move of City Hall office space. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaimed May 3 through May 9, 1998 as "Municipal Clerks Week". 3.2 Proclaimed May 6, 1998 as "Diamond Bar Toastmasters Day." 3.3 Presented Certificates of Recognition to Community Volunteer Patrol members Margie Brouse with 500 hours; Art Logan, Ted Long and MAY 5, 1998 PAGE 2 CITY COUNCIL John Vaughan with 1000 hours. 3.4 Presented Certificates of Recognition to Miss Diamond Bar and her court. 3.5 Presented Certificates of Recognition to 1998 California State Jr. Olympic Tae Kwon Do Championship Gold, Silver and Bronze Award winners. 4. PUBLIC COMMENTS: Bob Zirbes, DBIA President, announced that the 2nd annual "Paint Your Town" event will be held on Saturday, May 16, 1998 beginning at 7:00 a.m. at Heritage Park. He asked for community volunteers to participate in painting 6 homes for low income, elderly and handicapped property owners. For further information, contact Bob Zirbes or Mike Goldenberg at 860-1008. Art O'Daly thanked Council, on behalf of the Chamber of Commerce Board of Directors, for their attendance at the Chamber's recent retreat. As a result of the City's input, the Chamber will review and revise its program of work. He also thanked Council and staff for a successful 9th Anniversary Celebration and asked Council to consider using redevelopment monies for placing banners at entrances to the City for future celebrations. Stan Grainger, 23800 Gold Nugget Ave., stated that he and his neighbors had submitted a petition to the City in September, 1997 requesting enforcement of existing ordinances with respect to lack of maintenance and illegal parking and storage of vehicles and other items. He said the residents have not seen any noticeable changes in enforcement and he asked what is happening and when enforcement would take place. Jack Istik, 22607 Dry Creek Rd., expressed concern that, as additional traffic signals are installed at intersections along Grand Ave. and D.B. Blvd., it will further cause a traffic slow -up on those two streets. Kathy Murphy, 3559 Hawkwood Rd., spoke about lack of code enforcement in the City. She expressed concern about the loss of Ralphs Market in the Country Hills Towne Center, which will result in increased traffic at the intersection of Grand Ave. and D.B. Blvd. CM/Belanger said that Mrs. Murphy is correct that Ralphs at the Country Hills Towne Center is scheduled to close mid-May, 1998. There are no new tenants proposed for that site. The property owner is talking with other grocery providers and staff will meet with the property manager this week to discuss the matter and explore what the City can do to encourage a similar user to come into that space. MAY 5, 1998 PAGE 3 CITY COUNCIL M/Herrera explained that the City is currently pursuing alternative means of code enforcement and Council hopes to have recommendations for solutions within the next two months. 5. SCHEDULE OF FUTURE EVENTS: 5.1 SOLID WASTE TASK FORCE - May 11, 1998 - 6:30 p.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - May 12, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 OFF-SITE PARKING TASK FORCE - May 13, 1998 - 6:30 p.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.4 TRAFFIC & TRANSPORTATION COMMISSION - May 14, 1998 - 7:00 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr. 5.5 COMPOSTING WORKSHOP - May 16, 1998 - 9:00 a.m. to 11:00 a.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.6 CITY COUNCIL MEETING - May 18, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by MPT/Chang, seconded by C/Ansari to approve the Consent Calendar with the exception of Items No. 6.1.1, 6.6, 6.11 and 6.13. 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: 6.1.2 Regular Meeting of April 21, 1998 - As submitted. 6.2 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of March 12, 1998. 6.3 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of March 26, 1998. 6.4 APPROVED VOUCHER REGISTER - dated May 5, 1998 in the amount of $655,401.34. 6.5 DENIED CLAIMS FOR DAMAGES: 6.5.1 Filed by Ray Keelan on January 20, 1998 and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. MAY 5, 1998 PAGE 4 CITY COUNCIL 6.5.2 Filed by John Lee on April 15, 1998 and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.7 ADOPTED RESOLUTION NO. 98-24: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE EXISTING RED CURB ON THE EAST SIDE OF GOLDEN SPRINGS DRIVE BETWEEN SYLVAN GLEN ROAD AND SECOND DRIVEWAY TO THE CIMARRON OAKS CONDOMINIUMS BY AN ADDITIONAL FIFTEEN (15) FEET. 6.8 APPROVED MEMBERSHIP OF THE CITY OF LA PALMA INTO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA) - and authorized the Mayor to execute the consent form as the City's delegate to the Authority. 6.9 RECEIVED, ACCEPTED AND FILED PROPOSITION A LOCAL RETURN FUND, PROPOSITION C LOCAL RETURN FUND AND TRANSPORTATION DEVELOPMENT ACT AUDITS FOR THE FISCAL YEARS ENDED JUNE 30, 1997 AND 1996. 6.10 ADOPTED RESOLUTION NO. 98-25: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL INSTALLATION ON DIAMOND BAR BOULEVARD AT MONTEFINO AVENUE AND QUAIL SUMMIT DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.12 ADOPTED RESOLUTION NO. 89-6C: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 89-6B PERTAINING TO PUBLIC PLACES FOR POSTING OF CITY ORDINANCES AND PUBLIC NOTICES - adding offices of the Chamber of Commerce as a temporary posting location for approximately three months. 6.14 ADOPTED RESOLUTION NO. 98-7A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ADVANCE AND REIMBURSEMENT AGREEMENT NO.6 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY - amended Section 7 of Advance & Reimbursement Agreement No. 6 from $11,000 to $11,500. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.1.1 Minutes of Study Session of April 21, 1998 - C/O'Connor requested that the words "and install white curbing" be removed from the Iasi MAY 5, 1998 PAGE 5 CITY COUNCIL paragraph on Page 6. C/Huff requested that "stop light" be changed to "stop sign" at Pecan Grove and Mountain Laurel Way in Paragraph 2 on Page 6. C/Huff moved, C/O'Connor seconded to approve the April 21, 1998 Study Session minutes as corrected. 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 6.6 NOTICE OF COMPLETION FOR ADA RETROFIT AT PETERSON PARK - On June 11, 1997, Council awarded a construction contract for ADA Retrofit at Peterson Park to MJS Construction, Inc. The completed work has been determined to be in accordance with plans and specifications approved by the City. The final contract amount is $189,254.50. C/O'Connor asked for the amount of liquidated damages relating to the problems with the retrofit as well as the value of the 100 additional 5 gallon shrubs proposed to be provided to the City in return for the liquidated damages. CM/Belanger stated that liquidated damages are not related to the additional shrubbery and trees. DDPW/Liu explained that the disputed liquidated damages are estimated to be approximately $29,000 for the lack of performance, especially during the months of December and January. It should be noted, however, that during those two months, we had numerous meetings and discussions with both the contractor and we finally consulted with our City Attorney. The conclusion, from staffs point of view, is that this is in the City's best interest to resolve the matter, to close the project and move forward with the finalization of this particular contract. Some of the additional improvements installed by the contractor in the form of additional landscaping and the chain link fence is estimated to be approximately $10,000. C/Huff moved, C/Ansari seconded, to accept the work performed by MJS Construction, Inc. and authorize the City Clerk to file the proper Notice of Completion and release any retention amounts 35 days after the recordation date. Motion carried by the following Roll Call vote (M/Herrera was temporarily out of the room): MAY 5, 1998 PAGE 6 CITY COUNCIL AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/Chang NOES: COUNCIL MEMBERS - O'Connor ABSENT: COUNCIL MEMBERS - M/Herrera 6.11 RESOLUTION NO. 98-26: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR CITYWIDE LANDSCAPE MAINTENANCE AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - The City currently has four landscape maintenance contracts. The Parks Master Plan recommended that these four contracts be consolidated into a single Citywide Landscape Maintenance contract which should result in a cost savings to the City due to economy of scale. In response to C/O'Connor, CM/Belanger stated that the bids and their costs will be kept separate for the landscape districts. C/O'Connor moved, MPT/Chang seconded, to adopt Resolution No. 98-26. 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 6.13 DIAMOND RIDE BUDGET INCREASE AND CONTRACT AMENDMENT FOR DIVERSIFIED PARATRANSIT - In June, 1997, Council authorized extension of the Diamond Ride contract with Diversified Paratransit in the amount of $240,000, or an average of $20,000 per month, for FY 1997/98. Currently, the Diamond Ride Program is averaging $20,744 per month using nine months of data. The increase in expenditures is due to an increase in the number of trips per month as well as an increase in out-of-town trips. In addition to the $12,000 requested for contract services with Diversified Paratransit, Inc., it is requested that $10,000 be allocated to personnel services and $1,000 to services and supplies. C/Ansari asked if the City has conducted an analysis on services for disabled users and whether their needs are being met. She also asked if the average cost per ride had been increased. CM/Belanger stated that a draft report had been prepared by staff on the status of Dial -A -Ride. Average cost has gone up approximately $1.20 per trip over the last 9 months. For the first year of the program, the cost per month was about $16,535; the City is now averaging about $20,744 as a function of increased ridership. A copy MAY 5, 1998 PAGE 7 CITY COUNCIL of the final staff report will be presented Council upon its completion. Regarding disabled services, the report will include this information as well. C/Huff expressed concern that some riders are experiencing delays up to three hours. What kind of feedback does staff have regarding the level of service they are providing and what is the procedure if someone is having a problem with them. Who do they notify. CM/Belanger responded that if persons are having difficulties with Diversified Services, they should report those problems to City Hall. We can identify the rider through the dispatcher, so we can evaluate whether those comments are accurate. The contract indicates that Diversified has to act within certain time parameters, so staff needs to know about these problems in order to get them corrected. Pick- ups are to be within 30-40 minutes after contact is made. In response to C/Huff, Ass't. to CM/Fritzal indicated a survey was completed last month, the results of which will be included in the report. In addition, Diversified Paratransit is conducting a telephone survey. C/O'Connor stated that she was asked whether the program could be used for handicapped students when they have field trips. CM/Belanger explained that the utilization of the service by other than adults has been limited by policy with the exception of a brief period of time during holiday season. With the physically challenged who are minors, we can evaluate what they need in order to make that work and make a recommendation to Council in terms of having that as a part of the program. It has not been expressed to us previously. If the person asking for the program would get in touch with City staff, we can work on attempting to provide the requested services. C/Ansari moved, MPT/Chang seconded, to approve a contract amendment with Diversified Paratransit for $12,000 and an increase in the Diamond Ride budget of $23,000. 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 MAY 5, 1998 PAGE 8 CITY COUNCIL PUBLIC HEARINGS: 7.1 CONTINUED PUBLIC HEARING ON DRAFT DEVELOPMENT CODE - ZONING CODE AMENDMENT (ZCA 97-1) - ARTICLE III - SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS AND THE CITYWIDE DESIGN GUIDELINES - On December 9, 1997, the Planning Commission recommended approval of the draft Development Code and Citywide Design guidelines. In December these documents were transmitted to Council and a series of four study sessions were conducted from January 6, 1998 to February 17, 1998. This is the third of four scheduled public hearings on the draft Development Code. Article III contains the development standards applicable to all zoning districts and standards for specific land uses. The Citywide Design Guidelines are to be utilized in conjunction with these standards to achieve a built environment of superior design consistent with the goals of the General Plan (continued from April 21, 1998). DCM/DeStefano commented on questions submitted by Council and the public. Article III - 60: Section 22.22.130 re fences and landscaping. Question: Could we add some language concerning restricting the long-term use of sandbags for erosion control and retaining walls. Response: Currently, there is no restriction of the long term use of sandbags. Staff recommends that language be added to four sections of the proposed code (22.34.030f, 22.34.040h, 22.34.0508 and 22.34.060g) to state as follows: "Temporary Erosion Control: Sandbags and other temporary erosion control measures may be utilized for a maximum of one year. Sandbags and other erosion control material and devices shall be maintained in good condition and replaced as necessary." To be added to the Property Maintenance section of the code. In response to C/O'Connor, DCM/DeStefano stated that the intent of the additional language would be to require that permanent control measures would have to be installed after one year of sandbag use. M/Herrera suggested adding the following to the end of the language outlined by DCM/DeStefano: "After one year time period, a permanent solution should be pursued." Council concurred with the recommended language. Article III - Page 88: MAY 5, 1998 PAGE 9 CITY COUNCIL Question: How does the proposed ordinance compare with the City of L.A. ordinance recently adopted regarding gas powered leaf blower noise levels. _ Response: Staff requests additional time to provide a reply. Article III - 89: Question: How can the City deal with the monitoring of the noise emitted from garbage trucks on City streets? Response: The City currently enforces the noise ordinance on a reactive complaint basis. He recommended that staff be directed to investigate institution of a process in the Solid Waste Recyclable and Compostable Materials Collection Ordinance contained within the Municipal Code to require the waste hauler to provide the City with an annual noise certification for the vehicles utilized within the City and that that process not become a part of the Noise Ordinance and the Development Code, but attached to the waste hauler ordinance. In response to C/Huff, DCM/DeStefano stated that staff has no knowledge of whether or not the current waste haulers are in compliance with the noise ordinance. Council concurred to accept staffs recommendation. Article III - 90: Suggestion: Two years is too long a period for an entity to be out of sound level compliance. Response: Staff recommends that additional language be added to Section 22.28.130 that reads: "The Director may grant a delay in. compliance of not -to -exceed 60 days, and that the Planning Commission, upon conclusion of a Public Hearing may grant a delay not -to -exceed one year. The Directors decision would be appealable to the Planning Commission and the Planning Commission's decision would be appealable to the City Council." Council concurred to accept the recommended language. Issue: Freeway -oriented signs. Response: Staff will get back to Council on this issue. Article ill - 167: Question: Regarding adult business provisions and the issue of whether or not someone who was appealing a conviction could MAY 5, 1998 PAGE 10 CITY COUNCIL continue to be an applicant for an Adult Business Permit. Response by CA/Jenkins: Merely because the applicant appeals does not mean that the applicant is precluded from applying. He agreed with C/O'Connor that as long as there has been a conviction, it should bar the person from applying for a permit unless the conviction is ultimately overturned. Staff will prepare the change accordingly. Council concurred. Article III - 170: Question: Regarding adult businesses and prohibitions on television monitors and video equipment in restrooms that are provided for employees and patrons. Response: CM/DeStefano recommended the following language: "No restroom shall contain television and other equipment" as outlined in the specific section, whether it's a restroom for patrons or employees. Council concurred. Article III - 174: Question: A concern regarding the time when the Sheriffs Department completes its investigation of the applicant for an Adult Business Permit and when the Director must make a decision regarding issuance of an adult business permit. Response: DCM/DeStefano recommended that Section 22.42.020 M. 2. a. be reworded to state that: "After the Sheriffs Department's investigation is completed, the Director, within 20 days, shall approve the permit subject to the findings that are contained in that section." Council concurred. Article III - Page 178: Question: Regarding animal control. Response: Staff requested additional time to rework the section. Article III - 179: Question: Regarding Section 22.42.040 A. 1.c., large family daycare facilities, stating that the Commission may approve a Conditional Use Permit for a large family daycare home even if the operation did not comply with all of the City's standards. MAY 5, 1998 PAGE 11 CITY COUNCIL Response: Staff will recommend appropriate language after further consideration. Article III - 180: Question: Subsection 6, Section 22.42.040 A.6. regarding off-street parking standards and allowing employees of a large family daycare facility to park off-street. Response: DCM/DeStefano recommended that a statement be added to Subsection 6 (c.) to read: "All required parking spaces for large family daycare facilities be provided on-site." On the premises of the property wher2 the family daycare use is provided - the driveway and other approved parts of that property, on the private - property, not the street. Council concurred. Article III - 183: Question: Regarding home-based businesses and how this section will be enforced if there is no home-based business registration program. Response: DCM/DeStefano responded that code enforcement responds to citizen's complaints and the only penalty would be to those home-based businesses that were found to be operating in violation of the standards that are called out in the proposed code. C/Huff expressed concern about writing an ordinance that is narrow in scope and prohibits small home-based businesses from having, for example, a part-time employee regularly visiting the premises. He asked that Council direct staff to look again at this section of the ordinance. DCM/DeStefano stated that consultant Ron Pflugrath reports that more and more cities that permit home-based businesses are allowing one employee. C/Huff agreed that this language would be appropriate. C/Huff again requested that staff obtain comments on the Development Code from the Chamber of Commerce. He asked that staff fax a letter of notification and request a response for the May 18, 1998 Council meeting. M/Herrera agreed that this section of the Development Code needs more work. MAY 5, 1998 PAGE 12 CITY COUNCIL CM/Belanger stated that Council should consider to what extent it wants its residential zones to be quasi -commercial, and what intensity, as a matter of public policy, to permit in the residential areas in relationship to the policy standard. M/Herrera believed that the criteria should include at what point a home-based business has an adverse impact on the neighbors and the remainder of the neighborhood. C/Huff felt that Council is looking to allow office -type businesses and not hands-on types of businesses such as repair and construction. In response to C/O'Connor, CM/Belanger indicated that staff will conduct an analysis of home-based businesses in D.B. that are registered with the State and pay sales tax in order to determine the sales tax revenue to the City. Article III - 183: Question: What is the penalty for clients, customers, etc. visiting a home-based business. Response: Staff will rework this code section. CM/Belanger, regarding large group homes, stated that the Council should adopt a policy reflecting whether they want home-based businesses to be treated more restrictively than those that are allowed by State law. C/Huff explained that because the City has received complaints regarding the types of home-based businesses that are allowed by the State. Due to the current ordinance, D.B. has been pre-empted by the State. Therefore, D.B.'s code should reflect the community's needs and not the State's needs. Article III - 152: Question: Regarding Section 22.38.060 and the discussion about exemptions. Response: DCM/DeStefano recommended that Subsection A. be reworded to read: "Trees, except those designated by the City Council as a historical or cultural tree and trees required to be preserved, relocated, or planted as a condition of approval of a discretionary permit, located on all developed properties prior to adoption of this Development Code." He further recommended that Subsection H. be added to Article 111, Page 153 to read as follows: "Native oak, walnut, sycamore, willow or naturalized California pepper MAY 5, 1998 PAGE 13 CITY COUNCIL trees located upon a lot of 1/2 acre or less are exempted from this Tree Ordinance." In response to C/Huffs concerns regarding the definition of native, CM/Belanger suggested that this section of the ordinance could address the fact that any one of these types of trees that are planted subsequent to the subdivision of the property would be exempt. C/Huff preferred CM/Belanger's recommended language. In response to M/Herrera, CM/Belanger stated that the language would be more liberally worded than it is currently in order to not adversely affect private property owners who were responsible for planting the tree in the first place. Staff will bring the proposed language back to Council. M/Herrera continued the public hearing to May 18, 1998. 7.2 JOINT PUBLIC HEARING WITH DIAMOND BAR REDEVELOPMENT AGENCY: The City and the Agency incorporated D.B. Branch Library improvements as a part of the adopted Economic Revitalization Area Plan. The County is planning renovation of the Library facility over the next 12 weeks. The Redevelopment Agency Economic Revitalization Area Plan listed library improvements as an infrastructure improvement project. As a result of negotiations with the County Library District, the Redevelopment Agency proposes to expend $138,440 to fund a portion of the cost of the improvements. On April 28, 1998, the County conducted a public hearing and approved entering into an agreement with the Redevelopment Agency to fund improvements to the Diamond Bar Branch Library. M/Herrera opened the Public Hearing for the City Council. Chair/Huff called the Redevelopment Agency meeting to order at 8:36 p.m. REDEVELOPMENT AGENCY ROLL CALL: Agency Members Chang, Herrera, O'Connor, Vice Chairman Ansari, Chairman Huff. Chair/Huff opened the Public Hearing for the Redevelopment Agency. CM/Belanger stated that the cost of the entire project will be $293,680, of which the Redevelopment Agency will contribute $138,440 and the D.B. Friends of the Library will donate $16,000. The remainder of the funds will be provided by L.A. County. Martha Bruske expressed concern about the sequence of events with respect to this matter because it appears that the decision was made to MAY 5, 1998 PAGE 14 CITY COUNCIL contribute the funds prior to the April 28, 1998 Board of Supervisors meeting. She asked Council to address the following questions: Why aren't the schools involved in this process and why is D.B. assuming the schools' and the County's responsibility? What does the City intend to do about the parking for the library? How does using redevelopment funds to improve a library or a school bring money back to the tax base for the City? Allen Wilson, Friends of the Library, said that this project involves 3-4 different groups in the City. This is the first library renovation since it was established in 1977 and he believed the renovation will enhance the quality of life in D.B. There being no further testimony offered, Chair/Huff closed the Redevelopment Agency Public Hearing. There being no further testimony offered, M/Herrera closed the City Council Public Hearing. CM/Belanger stated that the project has been a part of Council and Library discussion for approximately one year. The estimated amount of D.B.'s and the Agency's financial participation have been known for some time. What had not been accomplished were the formalities of entering into the relationship. Prior to holding this public hearing, public notice was published twice over a 14 -day period of time. This is a duly noticed public hearing under Redevelopment Law and the timing of the hearing is intentional because the City is required to hold a public hearing after the L.A. County Public Hearing, which could only be set after the County indicated to the City when their public hearing would be held. Chair/Huff said that with respect to parking, this library is a temporary solution. The City feels that the needs of the community exceed the current facility and it is working with the school districts to provide more public -public partnerships. Anything that benefits the Project Area is included for consideration and a public library is a good way to benefit a community because it raises property values. People locate in communities because they want good schools, good libraries, safe streets, tidy neighborhoods and a business district that reflects their needs. CM/Belanger pointed out that the Library is not being expanded --it is only being renovated which includes the roof, heating/air conditioning and the entire interior. With respect to making the Library high-tech, the City contributed a computer pod to the Library 2-3 years ago. (a) RESOLUTION NO. 98-27: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PAYMENT BY THE DIAMOND BAR REDEVELOPMENT AGENCY FOR PART OF MAY 5, 1998 PAGE 15 CITY COUNCIL THE COST OF THE INSTALLATION AND CONSTRUCTION OF IMPROVEMENTS TO A LIBRARY OWNED BY THE COUNTY OF LOS ANGELES. C/Huff moved, MPT/Chang seconded, to adopt Resolution No. 98-27. 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 (b) RESOLUTION NO. RA98-04: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY AUTHORIZING PAYMENT BY THE AGENCY FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF IMPROVEMENTS TO A LIBRARY OWNED BY THE COUNTY OF LOS ANGELES. AM/Herrera moved, VC/Ansari seconded, to adopt Resolution No. RA98-04. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Herrera, Chang, O'Connor, VC/Ansari, Chair/Huff NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None There being no further Redevelopment Agency business at this time, Chair/Huff adjourned the Agency meeting. 7.3 RESOLUTION NO. 98-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES AND CHARGES FOR SERVICES PROVIDED BY THE BUILDING AND SAFETY, ENGINEERING AND PLANNING DEPARTMENTS OF THE CITY OF DIAMOND BAR - State law governs establishment and adoption of building, engineering and planning fees. The Attorney General's Office has issued an opinion that cities must show a nexus between fees collected and costs for providing services. In addition, the opinion states that a City may not charge more than the reasonable cost of providing services. The proposed fees will off -set City expenditures for processing development applications and create "actual cost" recovery. Revised fees will be effective 60 days following adoption of the Resolution (July, 1998). M/Herrera opened the Public Hearing. There being no testimony offered, M/Herrera closed the Public Hearing. MAY 5, 1998 PAGE 16 CITY COUNCIL Following discussion, C/Ansari moved, MPT/Chang seconded, to adopt Resolution No. 98-28 as amended. 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 OLD BUSINESS: 8.1 BUDGET AMENDMENT FOR FISCAL YEAR 1997/1998 - The Municipal Budget for FY 1997-98, after the mid -year budget amendment, projected General Fund resources in the amount of $11,349,882 with appropriations amounting to $10,373,433. CM/Belanger requested an additional $40,300 to pay for computer cabeling ($13,300); movers ($3,000); telephone system upgrade ($18,000); and new workstations ($6,100) for three secretaries for the City's new office space to be provided from the City's unallocated General Fund Reserve Fund. In response to C/Ansari, CM/Belanger explained that GTE would be the only provider available to upgrade the City's telephone system without completely replacing the entire system. C/Huff expressed concern that the request for additional funds was not included in the earlier expenses approved. Following discussion, M/Herrera moved, C/O'Connor seconded, to approve the Budget Amendment for Fiscal Year 1997/1998. 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 PROPOSED TRES HERMANOS CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT - This undeveloped and unplanned property is the largest land area remaining within D.B. The Tres Hermanos Ranch property is one of the largest single owner parcels remaining in Chino Hills. Because of the proximity of the property to each of the cities, planning and conservation of the Ranch is more appropriately a cooperative and coordinated effort. To that end, the respective subcommittees of the Councils of Chino Hills and MAY 5, 1998 PAGE 17 CITY COUNCIL D.B. have promulgated a draft Tres Hermanos Conservation Authority joint exercise of powers agreement for each of the city's City Councils to consider and approve. The purpose of the Tres Hermanos Conservation Authority joint exercise of powers agreement (THCA) is to provide for land use planning, transportation planning, impact mitigation planning and environmental conservation for the entirety of the Tres Hermanos Ranch property. Martha Bruske expressed concern that the proposed agreement will lead to a road through and development of Tonner Canyon. CM/Belanger responded that there are no circumstances under which a roadway through Tohner Canyon will be constructed. D.B.'s General Plan will not allow such a road. Tonner Canyon is privately owned and not a part of the Tres Hermanos Ranch and there is no proposal to develop Tonner Canyon under the authority of the proposed agreement. Following discussion, MPT/Chang moved, C/Huff seconded, to approve in concept the Tres Hermanos Conservation Authority joint exercise of powers agreement with the City of Chino Hills and bring the matter back for final approval by the City Council. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 9. NEW BUSINESS: COUNCIL MEMBERS - COUNCIL MEMBERS - COUNCIL MEMBERS - None Ansari, Huff, O'Connor, MPT/Chang, M/Herrera None None RECESS TO REDEVELOPMENT AGENCY MEETING: 10:22 p.m. RECONVENE CITY COUNCIL MEETING: 10:28 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: C/Huff reported on the Four Corners April 27, 1998 meeting. MPT/Chang reported on his attendance at the Off -Site Parking Task Force meeting and thanked the members for their attendance and support. He stated that on April 28, 1998, he and M/Herrera participated in an Economic Development meeting with City staff to study the economic problems of the City and to discuss strategies to promote the City and encourage quality businesses to relocate in D.B. 11. COUNCIL MEMBER COMMENTS: C/O'Connor stated that she and MAY 5, 1998 PAGE 18 CITY COUNCIL other Council Members attended Senator Mountjoy's Eggs and Breakfast meeting as well as the Chamber of Commerce Retreat and the Friends of the Library Wine Tasting Soiree. She reported on her attendance at the W.V.U.S.D. VIP Tour. She served as a judge for the chili cookoff between Little League Baseball and Pop Warner Football. Council held a Volunteer Patrol Recognition Dinner which was well attended by the Volunteer Patrol members. C/Huff stated that Council attended a ribbon cutting ceremony for the "Work Station" (a new D.B. business). MPT/Chang stated that the State Assembly Revenue and Taxation Committee will hold a hearing on AB 1776 on May 11, 1998 which proposes to revoke the vehicle license fee, a major source of many city budgets. M/Herrera said that passage of AB1776 (the elimination of vehicle license fees would eliminate 25% of D.B.'s revenue. She spoke about Pomona School District's proposed Ballot Measure B on the June ballot and encouraged residents to research the information about the candidates and measures. 12. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 10:40 p.m. to Monday, May 18, 1998 at 4:00 p.m. for a Budget Study Session with City Council Meeting to be held at 6:30 p.m. ATTEST: Mayor LYN A BURGESS, CITY CLERK