HomeMy WebLinkAbout05/18/1998 Minutes - Adj. Regular MeetingCITY COUNCIL STUDY SESSION BUDGET STUDY SESSION MAY 18, 1998 1. CALL TO ORDER: Mayor Herrera called the meeting to order at 4:13 p.m. in the South Coast Air Quality Management District Room CC -2, 21865 Copley Drive, Diamond Bar, CA. Present: ' Council Members Ansari, O'Connor, Mayor Pro Tem Chang and Mayor Herrera. C/Huff arrived at 5:05 p.m. Also present were: Terrence L. Belanger, City Manager; 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; Captain Richard Martinez, Walnut Sheriffs Station; Lt. Dave Stothers, Walnut Sheriffs Station; Lynda Burgess, City Clerk; Kellee Fritzal, Assistant to City Manager, and Anne Haraksin, Administrative Assistant. 2. BUDGET STUDY SESSION: CM/Belanger stated that estimated resources for the FY 98/99 General Fund is $10,805,650 and estimated appropriations in the General Fund is $10,444,725, for a net fund balance of $360,925. FY 97/98 has estimated resources of $11,420,000 and estimated appropriations of $10,515,000, which shows a net fund balance as of June 30, 1998 of approximately $906,000. The major reason for the net difference in resources between 97/98 and 98/99 is that the City is once more recommending a budget that does not include the AB 1226 vehicle license fee amount. The legislation on vehicle license fee subvention gave the City an additional 2 years. The second year of that additional two years would be next fiscal year and staff is proposing a budget that reflects a funding amount that is predicted for FY 99/2000. The program and staffing levels contained in the budget becomes the foundation for FY 99/2000 when the City will not have the additional $600,000 in vehicle license money. Those proposing the elimination of the vehicle license fee have assured cities that there will be something equivalent to the vehicle license fee in the same amount --dollar for dollar --of money. Based upon April 30, 1998 figures, he recommended that Traffic Fines (32150) be changed to $85,000 and that General Fines (32200) be changed to $9,000. In response to M/Herrera, CM/Belanger stated that discussion of the recreational program contract is scheduled for the June 2, 1998 meeting. CM/Belanger explained that when the city's self-insurance fund was established in early 90's, Council elected to set aside $100,000 annually until the fund reached $1,000,000 (monies transferred from the City's General Fund), at which time the fund would continue to be self- perpetuating. The fund is currently within $100,000 of the $1,000,000 level. MAY 18, 1998 PAGE 2 COUNCIL STUDY SESSION Regarding Estimated Expenditures for FY 98/99, CM/Belanger pointed out that Council's Travel-Conf & Mtgs (42330) is reduced primarily because the League of California Cities is in Long Beach and not in San Francisco. Personnul Services expenditures have been reduced due to the elimination of one Deputy City Manager position. In addition, a portion of the City Manager and City Manager's Secretary salaries are charged to Redevelopment. The City Clerk will formulate a proposal for records retention to transfer current files to CD-ROM and a system for archival retrieval by the general public through computer modem. In response to C/Ansari, CM/Belanger explained that staff will propose the use of an outside service for one-time transfer of archival information. It is estimated that once the information is transferred, existing staff will be able to maintain input of current information. CM/Belanger further stated that although general services are proposed at the same level, special legal services are proposed to increase to $90,000 as a result of continuing litigation (Beach-Courchesne vs D.B. regarding the Economic Revitalization Area Plan and the Harmony vs D.B. claim for legal services). AA/Haraksin listed the following proposed locations for installation of City - maintained community bulletin boards: Country Hills Towne Center, Sav-on, Lucky Market, Albertsons Market, Kmart and Ralphs Market. Total cost is estimated at $7,600. CM/Belanger explained why it is imperative that the City upgrade its current computer network system. (Items 46230 and 46235). In response to C/Ansari, CSD/Rose stated that the sound system rented for Concerts In The Park costs about $450 per concert. Ten events, including the City Anniversary Celebration, are slated for this year. In response to M/Herrera, CM/Belanger explained that, reflective of Council and Redevelopment Agency goals and objectives to focus on economic development, business retention and attraction and a variety of communications and marketing activities, additional support personnel is proposed (40010 through 40090). Lt. Stothers explained that the Growth Incentive Deputy position is an add-on item that may be used for part of the year. In response to C/Huff, CM/Belanger stated that, essentially, the $235,000 increase in projected Law Enforcement costs is due to the inclusion of the 290 Boy car. In response to M/Herrera, Lt. Stothers indicated that the Sheriffs department MAY 18, 1998 PAGE 3 COUNCIL STUDY SESSION plans to redeploy the deputies for additional bicycle patrol time during the summer. In response to M/Herrera, CM/Belanger indicated that the increase of approximately $200,000 in Contract Services - Sheriff (4540) is due to increase in services requested by the City (290 Boy). Responding to C/O'Connor's concerns regarding law enforcement coverage for Diamond Ranch High School, CM/Belanger stated that allocation of resources is based upon demand based upon activities occurring at school sites which require enforcement services. If services exceed demand, Council needs to determine whether additional personnel needs to be retained to rneet'the demand. Capt. Martinez stated that, in the event of an emergency which requires immediate additional response, other units can be brought in from other areas. In response to MPT/Chang, CM/Belanger explained that 290 Boy units are specially assigned tasks based upon demand by the Sheriffs Station. These units do not answer radio calls. C/O'Connor asked if the Volunteer Patrol duties will be increased. Capt. Martinez stated that one of the issues that has been under discussion for some time is whether to allow volunteers on patrol to write parking citations. He is anticipating a formal opinion from the L.A. County Counsel regarding this matter. CM/Belanger stated that, for the most part, parking citations have been de- criminalized and could, therefore, be a civilian function. D.B. uses law enforcement personnel under its current contract to write parking tickets. The L.A. County Counsel has issued an opinion contrary to the use of volunteers to write tickets. Other cities, in order to address this issue in the County, have hired their own public safety agents and officers and have devised a job description to include writing of parking tickets, as well as engaging in other types of non -law enforcement activities. In response to C/Ansari, CM/Belanger indicated that if the City requested volunteers to engage in these types of activities, the City would have to cover them for Worker's Compensation and other types of compensation provided to its employees. CM/Belanger stated that the reduction if Planning personnel salaries is due to the fact that 50% of the Deputy City Manager's salary has been reallocated to other departments (Community Services 20% - Public Works 30%). MAY 18, 1998 PAGE 4 COUNCIL STUDY SESSION CM/Belanger said that the Pantera Park lighting costs will be similar to the Peterson Park lighting costs. CSD/Rose estimated the Peterson Park lighting costs to be $18,000 per year. CM/Belanger stated that Pantera Park is the City's single largest new activity during FY 98/99. The budget reflects estimated annual costs for park operations. In response to M/Herrera, CM/Belanger reported that the General Fund Budget Public Hearing will be conducted on June 2 and June 16, 1998. He recommended that the law enforcement budget remain as presented and that the Council consider reallocation of services such as having the bicycle patrol cover the Concerts in the Park. Cost of living increase this year is 2.9%. Staff has evaluated the possibility of recommending changes in the retirement system from 2% at age 62 to 2% at age 55. M/Herrera suggested that staff consider a 5% increase for Council and Commissions. 4. ADJOURNMENT: There being no further business to conduct, Mayor Herrera adjourned the study session at 6:34 p.m. LYNDA BURGESS, CiL'y Cierk ATTEST: 644P 0 Mayor MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 18, 1998 BUDGET STUDY SESSION: 4:13 P.M., AQMD Room CC -2. Present: Council Members Ansari, O'Connor, Mayor Pro Tem Chang and Mayor Herrera. C/Huff arrived at 5:05 p.m. Also present were:' Terrence L. Belanger, City Manager; 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; Captain Richard Martinez, Walnut Sheriffs Station; Lt. Dave Stothers, Walnut Sheriffs Station; Lynda Burgess, City Clerk; Kellee Fritzal, Assistant to City Manager, and Anne Haraksin, Administrative Assistant. Adjourned Study Session: 6:34 p.m. CLOSED SESSION: None 2. CALL TO ORDER: Mayor Herrera called the meeting to order at 6:47 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: INVOCATION: Mike Goldenberg Pastor Bob Basile, Calvary Chapel ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera. Also present were: Terrence L. Belanger, City Manager; Ruben Weiner, Assistant 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: As submitted. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None 4. PUBLIC COMMENTS: Mike Goldenberg, on behalf of the Diamond Bar Improvement Association, thanked Council and the 140 volunteers, 25-30 sponsors and contributors who participated in the 2nd annual "Paint Our Town" project. Al Rumpilla thanked the DBIA and the volunteers for painting his home. Clyde Hennessee spoke about "Paint Our Town," the importance of voting MAY 18, 1998 PAGE 2 in elections, and the Off -Site Parking Task Force. Bill Kee thanked Council Members, City staff and volunteers who participated in the "Paint Our Town" project. Caro! Willner, Lorbeer Middle School Principal, asked for support for Measure B, the June 2, 1998 ballot measure to provide funding for Pomona Unified School District facility improvements, renovations and modernization. If approved, the measure will qualify the District to receive matching funds from the State. Marty McWhinney, Diamond Ranch High School Football Coach, asked Council for support for the school's first annual golf tournament on June 1, 1998 at the Los Serranos Golf Course in Chino Hills. Registration begins at 12:00 noon with tee -off at 1:00 p.m. Interested persons may call (909) 397- 4715 ext. 314 for further information. Thom Pruitt announced that the annual Diamond Bar Pop Warner Carnival will be held at the Kmart Shopping Center June 4 through 7, 1998. 5. SCHEDULE OF FUTURE EVENTS: 5.1 MEMORIAL DAY HOLIDAY - City Offices will close on Monday, May 25, 1998 and reopen on Tuesday, May 26, 1998. 5.2 PLANNING COMMISSION - May 26, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 PARKS & RECREATION COMMISSION - May 28, 1998 - 7:00 p.m, AQMD Hearing Board Room, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING - June 2, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by C/Ansari, seconded by MPT/Chang to approve the Consent Calendar with the exception of Items No. 6.6 and 6.10. 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. 1.1 Study Session of May 5, 1998 - As submitted. MAY 18, 1998 PAGE 3 6.1.2 Regular Meeting of May 5, 1998 - As submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of March 10, 1998. 6.2.2 Regular Meeting of March 24, 1998. 6.2.3 Regular Meeting of April 14, 1998. 6.3 APPROVED VOUCHER REGISTER - dated May 18, 1998 in the amount of $364,562.51. 6.4 EXONERATED CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR 23960 FALCONS VIEW DRIVE IN DIAMOND BAR - in the amount of $1,944 posted with the City on April 23, 1996 and directed the City Clerk to notify the Owner and Surety of this action. 6.5 APPROVED CONTRACT AMENDMENTS FOR HIRSCH & ASSOCIATES, LEIGHTON & ASSOCIATES, AND DEWAN LUNDIN & ASSOCIATES FOR PANTERA PARK - a) contract amendment with Hirsch & Associates in an amount not -to -exceed $7,100; b) increased the purchase order amount for Leighton & Associates by $6,350 and c) increased the purchase order amount for Dewan Lundin & Associates by $4,250. The total amount of the contract amendments is $17,700. 6.7 ADOPTED RESOLUTION NO. 98-29: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1998- 1999; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON - and directed the City Clerk to advertise a Public Hearing on June 16, 1998. CM/Belanger stated that the Resolution would be amended to include "exhibit _ attached hereto and incorporated herein by reference." 6.8 ADOPTED RESOLUTION NO. 98-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAY 18, 1998 PAGE 4 MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1998- 1999; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON - and directed the City Clerk to advertise a Public Hearing on June 16, 1998. CM/Belanger stated that the Resolution would be amended to include "exhibit _ attached hereto and incorporated herein by reference." 6.9 ADOPTED RESOLUTION NO. 98-31: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1998- 1999; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON - and directed the City Clerk to advertise a Public Hearing on June 16, 1998. CM/Belanger stated that the Resolution would be amended to include "exhibit _ attached hereto and incorporated herein by reference." 6.11 ADOPTED RESOLUTION NO. 98-32: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR FINDING THAT THE NAME OF DIAMOND POINTE LANE, BETWEEN BREA CANYON ROAD AND LARKSTONE DRIVE, SPECIFICALLY SET FORTH HEREINAFTER, SHOULD BE CHANGED TO DIAMOND CREST LANE. 6.12 APPROVED EXTENSION OF VENDOR PRINTING SERVICES FOR COMMUNITY NEWSLETTER AND RECREATION GUIDE - authorized Graphics United to proceed with printing the Summer issue of the Community Newsletter and Recreation Guide. The total amount awarded to this vendor for services rendered this fiscal year shall not exceed $20,000 at this time. 6.13 AUTHORIZED ADDITIONAL TEMPORARY SERVICES WITH TIME OUT PERSONNEL SERVICES - to assist the Planning Division Secretary through June 1998 in the amount of $1,000. 6.14 (a) APPROVED FISCAL YEAR 1997-98 BUDGET ADJUSTMENT AMENDMENT #2 - Budget amendment #2 projects General Fund resources to be $11,547,982 with appropriations amounting to $10,564,043. (b) ADOPTED RESOLUTION NO. 96-53F: A RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING MAY 18, 1998 PAGE 5 THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER REGULATIONS - reflecting changes in four positions: MIS Technician (from $35,042 to $40,068 annually; Community Services Coordinator (from $26,951 to $31,796); Assistant Civil Engineer (from $45,564 to $52,884) and Community Services Director (from $64,629 to $71,662). MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.6 CONSIDERATION OF ADDITIONAL WORK FOR ACCURATE LANDSCAPE AND MAINTENANCE FOR FISCAL YEAR 1997/1998 - Accurate Landscape & Maintenance submitted the low bid for five small projects requested by the City: Casual Labor for Anniversary Celebration - $800; Emergency Repair of Irrigation Mainline - LLMD No. 38 - $2,200; Casual Labor for Concerts in the Park - $200; Trenching for Lighting Cougar - $2,000; Floral Plantings - LLMD No. 38, for a total of $10,150. In response to C/Huff, CM/Belanger explained that Council did not specifically vote to light the Cougar. At the time the sculpture was installed, Council discussed providing lighting to the Cougar to accent its presence in the evening hours. A project was never specifically presented to the Council, nor was it authorized. C/Huff stated he would like this matter presented as an agenda item with options for work to be performed, together with the proposed costs. Following discussion, C/Huff moved, C/O'Connor seconded, to remove the $2,000 amount recommended for trenching for lighting for the Cougar monument and approve all other proposed additional work in an amount not -to -exceed $10,150 for FY 97/98. C/O'Connor expressed discomfort with approving a project in pieces. When the Cougar matter was originally brought forth, it was started and completed before Council voted on the matter. Now Council is asked to approve a one -stage item for electricity. She believed that, in the future, Council should be apprised of the full impact of projects before construction takes place. M/Herrera concurred with C/Huff and C/O'Connor. Motion by C/Huff carried by the following Roll Call vote: MAY 18, 1998 PAGE 6 AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.10 RESOLUTION NO. 98-33: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO INSTALL "NO STOPPING ANYTIME" SIGNS ON THE NORTH AND SOUTH SIDES OF PATHFINDER ROAD BRIDGE - Pathfinder bridge spans over SR57 between Brea Canyon Rd. north and Brea Canyon Rd. south. Currently, there is cross -hatched striping creating a shoulder lane on both the north and south sides of the bridge adjacent to the curb. This striping spans the entire length of the bridge between the SR57 on and off ramps (approximately 550') and is intended to prohibit vehicles from using that area as a driveable through -lane or parking lane. The Traffic & Transportation Commission recommended that "No Stopping Anytime" signs be installed to compliment the prohibited parking area. Following discussion, C/Huff moved, M/Herrera seconded, to approve only two signs (one sign on the westbound approach on the west side and one sign on the eastbound approach on the west side) of the bridge and adopt Resolution No. 98-32. Motion carried by the following Roll Call vote: AYES NOES: ABSENT PUBLIC HEARINGS: COUNCIL MEMBERS - COUNCIL MEMBERS - COUNCIL MEMBERS - Ansari, Huff, MPT/Chang, M/Herrera O'Connor None 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 fifth scheduled public hearing 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 building environment of superior design consistent with the goals of the General Plan (continued from May 5, MAY 18, 1998 PAGE 7 1998). Staff recommends that the City Council conclude its review of Article III of the Draft Development Code as well as, the draft Citywide Design Guidelines, comment as deemed necessary with respect to Articles I, II, IV, V and VI, and make an informal recommendation on these documents and direct staff to prepare the adopting ordinance and resolution. M/Herrera opened the continued public hearing. There being no testimony offered, M/Herrera continued the public hearing to June 16, 1998. DCM/DeStefano commented on responses to action items contained within Article III carried over from the May 5, 1998 meeting. He stated that as instructed by the Council, staff re -noticed by letter the Chamber of Commerce to solicit their comments regarding the proposed Sign Ordinance. To date, no response had been received by the city. Article III, Page 88: Question: How does the proposed ordinance compare with the City of Los Angeles ordinance recently adopted regarding gas powered leaf blower noise levels. Response: LA City adopted an ordinance in January, 1998 which became effective in July 1998 that says that "no gas powered blowers shall be used within 500 feet of a residence at any time." D.B.'s ordinance is similarly written. On Page 88, Subsection c, it states that "gas powered blowers, leaf and debris blowers, shall not be used within 500 feet of a residence at any time with the exception of a leaf vacuum device that operates at a sound level not exceeding 45 decibels." C/Huff moved to strike Subsection c. MPT/Chang seconded the motion. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - 2. Article III, Page 41 Issue: Freeway oriented signs. Ansari, Huff, O'Connor, MPT/Chang, M/Herrera None None Response: Staff recommended the following language: "To permit both on-site and off-site free-standing signs with a Conditional Use Permit to be authorized by the Planning Commission, for certain MAY 18, 1998 PAGE 8 properties adjacent to the freeway." DCM/DeStefano stated that these properties and uses would be only in the categories of fuel, food and lodging for those uses that are within the freeway right-of- way. This proposal would allow a maximum sign height of 25' above the height of the freeway. He further recommended that the sign face be increased in size from an 8'x16' sign to a 10'x20' sign and that such signs be separated by a minimum of 1/8th of a mile i.e. "No more than one free-standing sign be permitted per sign and that the signs be separated by a minimum distance of 660 feet." C/O'Connor said that she would like to see generic food, gas and lodging signs at the freeway exits. C/Huff said he did not want a proliferation of signs. However, he wanted freeway traffic to be aware that businesses are available Therefore, consolidation of use makes some sense. C/Ansari indicated that she favored some type of signage along the freeway to identify food, gas and lodging. M/Herrera said she would like to assist the businesses but she did not want to see a large number of tall signs along the freeway. CM/Belanger stated that this portion of the ordinance is to provide for freeway -oriented advertising for food, lodging and fuel and to do it in such a manner as to not have a proliferation of signs. Generally, generic food, lodging and fuel are signs placed by CalTrans in more rural areas. He indicated that staff ask CalTrans what is required to obtain placement of such signs along the freeway off -ramps. C/O'Connor wanted to assist businesses but she did not want to see tall signs every 1/8th of a mile along the City's five mile freeway corridor. C/Huff concurred with C/O'Connor. He suggesting postponing a decision until the City receives an answer from CalTrans. As an alternative, he recommended that signs be placed no closer than 112 mile apart instead of 1/8 mile. 3. Article III, Page 167 Question: Re adult business provisions and the issue of whether or not someone who was appealing a conviction could continue to be an applicant for an Adult Business permit. Response: DCM/DeStefano submitted the following language: "If the applicant is in the process of appealing a conviction, the applicant shall be barred from applying for a permit unless and until the MAY 18, 1998 PAGE 9 conviction is overturned." 4. Article III, Page 170 Question: Re adult businesses and prohibitions on television monitors and video equipment in restrooms provided for employees andwpatrons. Response: DCM/DeStefano recommended the following language: "No restroom shall contain television monitors or other motion picture or video projections, recording or reproduction equipment." 5. Article III, Page 174 Question: A concern regarding the time when the Sheriffs Department completes its investigation 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: "After the Sheriffs Department's investigation is completed, the Director, within 20 days, shall approve the permit subject to the findings contained within the section." C/Ansari asked staff to review a CD-ROM she received from the City of Cerritos which has very restrictive permits, to determine if D.B.'s proposed code is tightly enough written. One of the restrictions was to allow that the businesses be open during the hours of 10:00 a.m. to 10:00 p.m. only. 6. Article III, Page 178 Question: Regarding animal control. Response: DCM/DeStefano stated that, according to the language within the Council's packet, horses may be maintained subject to some additional requirements: The owner must have at least 15,000 sq. ft. of parcel; that the maximum number of horses allowed is one for every 5,000 sq. ft. of land up to four horses; horses must be kept at least 40' from any habitable structure, etc; any person requesting approval to house more than 4 horses is subject to a Conditional Use Permit from the City's Planning Commission to insure compliance. With respect to the number of dogs and cats, he stated that the language clarifies that no more than three dogs and three cats can be housed at any one residence. In addition, language has been included with respect to other household pets such as rabbits, guinea pigs, etc. In response to C/O'Connor, DCM/DeStefano replied that chickens and peacocks are not allowed under the draft ordinance. If chickens and peacocks are legally established prior to adoption of this MAY 18, 1998 PAGE 10 ordinance, the owners may keep them as non -conforming pets. If the chickens and peacocks were illegally acquired, they are considered to be illegal and will have to be removed. Roosters are not permitted. Responding to C/Ansa i, DCM/DeStefano stated that pot-bellied pigs are not allowed under the proposed ordinance. C/Huff asked that mice and rats not be referred to by color. Council concurred. DCM/DeStefano agreed with C/O'Connor that "Animal Permits" needs to be added to the list of discretionary permits in Table IV -1 on Page IV -3. 7. Article III, Page 179 Question: Re Section 22.42.040 A. 1.c., that the Commission may approve a Conditional Use Permit for a large family daycare home even if the operation does not comply with all of the City's standards. Response: Staff proposes to eliminate this subsection. In response to C/Ansari, DCM/DeStefano explained that the maximum number of persons allowed for a large family daycare home is 14 (See Page VI -12). 8. Article III, Page 180 Question: Re allowing employees of a large family daycare facility to park off-street. Response: DCM/DeStefano suggested that language be added to Subsection 6 (c.) to read: "All required parking spaces for large family daycare facilities be provided on-site." 9. Article III, Page 183 Question: Re home-based businesses and how this section will be enforced if there is no home-based business registration program. Response: DCM/DeStefano suggested adding: "Persons engaged in the business shall be limited to persons residing on the premises and one employee." 10. Article III, Page 152 Question: Re 22.38.060 and the discussion about exemptions. Response: DCM/DeStefano indicated that Page II1-152, Subsection A. was reworded to read: 'Trees, except those designated by the City Council as a historical or cultural tree, and trees required to be MAY 18, 1998 PAGE 11 preserved, relocated, or planted discretionary permit, located on adoption of this Development Planning Commission. 11. Article III, Page 153 as a condition of approval of a all developed properties prior to Code" as recommended by the Staff 's revised language for Subsection H: "Native oak, walnut, sycamore, willow or naturalized California pepper trees located upon a lot of 1/2 acre or less are exempted from these regulations." Subsection I: "Any native oak, walnut, sycamore, willow or naturalized California pepper tree planted subsequent to the subdivision of property of any size are exempted from these regulations." Council reviewed C/O'Connor's list of action items dated April 27, 1998 that were discussed in Council Study Sessions. DCM/DeStefano recommended that the third sentence of Article VI, Page 11 be changed to read: 'Temporary car washes are fundraising activities typically conducted at automotive related or other businesses where volunteers wash vehicles by hand and a duration of the event is limited to one day." Council concurred. DCM/DeStefano recommended that the word "commercial" be stricken from the definition of Equestrian Facilities in Article VI on Page 18. Council concurred. DCM/DeStefano recommended that "archery and shooting ranges" be moved to the "Indoor Amusement and Entertainment Facilities" category. Council concurred. DCM/DeStefano recommended that, under the definition of "Health Care Institution," the term "mentally handicapped" be changed to "mentally or physically disabled." Council concurred. DCM/DeStefano stated that the definition of "Recreational Vehicle Park" on Page 40 refers to temporary and not permanent stays and, therefore, recommended that the following language be added to the end of the first sentence of the definition so that it reads: "A site where one or more lots are used or intended to be used by campers with recreational vehicles or tents for temporary stays." Council concurred. C/Huff left the meeting at 915 p.m. MAY 18, 1998 PAGE 12 Council directed staff to prepare the adopting Ordinance and Resolution for the Development Code and Citywide Design Guidelines for consideration on June 16, 1998. 8. OLD BUSINESS: None 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY MEETING: 9:23 p.m. RECONVENE CITY COUNCIL MF,ETING: 9:25 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: C/O'Connor reported that the final Solid Waste Task Force meeting will be held on June 8, 1998 and that the final draft report will then be presented to Council. C/Ansari stated that she attended a SCAG Solid Waste Legislative meeting this morning. Two weeks ago, she attended a CLOUT meeting in Sacramento. MPT/Chang reported that he attended the Walnut School District fundraiser on May 9, 1998. He thanked the residents for their support. M/Herrera stated that the Off -Site Parking Task Force met last Wednesday and discussed the proposed draft report to Council. The final meeting is scheduled for June 10. 11. COUNCIL MEMBER COMMENTS: C/O'Connor stated that she attended the Law Enforcement Memorial in Whittier, the D.B. Toastmasters 20th Anniversary Celebration on May 6, and the D.B.I.A.'s "Paint Our Town" event on Saturday, May 16. She invited residents to participate in painting two additional houses on June 6. D.B. AYSO recently hosted 95 teams from the Southern California area. She encouraged residents to participate in Diamond Ranch High School's first annual golf tournament. C/Ansari said she was the guest of the Arab -American Institute in Washington, D.C. and that she had recently attended another Eagle Scout review. She stated that the Cougar in the Park was the first public art private donation for D.B.'s parks and she hoped that redevelopment would promote more art in the parks. She reported on her attendance at the Contract Cities meeting in Palm Springs. She asked that citizens write to Governor Wilson and ask him not to take vehicle -in -lieu funds away from cities. MPT/Chang reiterated his concern about the proposed AB1776 and explained why he opposed the bill. MAY 18, 1998 PAGE 13 M/Herrera spoke about A61776. She recommended that the voters very carefully consider each candidate as they vote on June 2, 1998. She announced that the Chamber of Commerce will sponsor the 60th Assembly District Candidate Forum on Thursday, May 21, 1998 from 7:00 p.m. to 9:00 p.m. at Mt. SAC performing arts center. She further stated that several Council Members would attend the annual International Council for Shopping Centers National Conference beginning on Tuesday, May 19, 1998 to encourage businesses to locate in D.B. 12. ADJOURNMENT: There being no further business to discuss, M/Herrera adjourned the meeting at 9:50 p.m. ATTEST: Mayor LYN'DA BURGESS, City Clerk