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HomeMy WebLinkAbout3/7/2000 Minutes - Study SessionCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION ANNEXATION COST BENEFIT ANALYSIS AND LAFCO PROCESS MARCH 7, 2000 CITY COUNCIL CALL TO ORDER: Mayor O'Connor called the study session to order at 5:08 p.m. in the South Coast Air Quality Management District Room CC -2, 21865 E. Copley Drive, Diamond Bar, California. 2. ROLL CALL: Council Members Chang, Huff, Mayor Pro Tem Ansari and Mayor O'Connor. Council Member Herrera was excused. Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director; Lynda Burgess, City Clerk; Gina Tharani, Accountant II; Ann Lungu, Associate Planner; Sonya Joe, Development Services Ass't.; Linda Smith, Development Services Ass't., Sgt. Bili Flannery and Capt. Richard Martinez. 3. DISCUSSION OF ANNEXATION PROCESS AND PRELIMINARY COST - BENEFIT ANALYSIS - CM/Belanger reported that the areas included for purposes of discussion include from the SR 57 northward, two subdivisions that open up onto S. Brea Canyon Cutoff, known as Diamond Canyon Development (Diamond Canyon Homes, Diamond Canyon Church, commercial/industrial medical instrument production building) and the Diamond Point Subdivision; the Monte Verde Subdivision on the northeast corner of Brea Canyon and Pathfinder Rds., the Sunset Ridge Subdivision, and an area generally defined by the westerly boundaries of the City of D. B., Brea Canyon Cutoff/Fairway Dr. to the SR 60. This area includes just over 1000 single family residences, a small hotel, 27 holes of the Royal Vista Golf Course and small commercial establishments at the end of Fairway Dr. and Colima Rd. If Council were to consider making application for annexation of all of these properties just described, it would result in a population change of about 3700 people, based upon an occupancy rate of 3.4 individuals per household. Also analyzed is the uninhabited open areas located on both sides of the SR 57, one area on the east side of the SR 57 from the southerly incorporated boundary of the City eastward to the San Bernardino County/Chino Hills boundary and southward to Orange County/LA County boundary, which is an area known as the City's Sphere of Influence area and which contains property primarily owned by the Boy Scouts of America and Shell Oil. There is also a large tract of uninhabited open land located west of the SR 57 south of the Diamond Canyon and Diamond Point Subdivisions, which is also owned by Shell Oil. Part of the analysis was to analyze the portion of land that would go to about Nogales Rd. to the LA/Orange County border. MARCH 7, 2000 PAGE 2 CITY COUNCIL STUDY SESSION In response to M/O'Connor, CM/Belanger restated the application process for annexation. In response to MPT/Ansari's question as to how annexation of the Shell property and the resulting General Plan change would affect low and moderate income housing in the City, CM/Belanger stated that at the present time, the Shell property is not subject to the General Plan. If any of the properties were to be designated within the City's Sphere of Influence area, the City would then embark upon a General Plan process that would incorporate those areas. In addition, any annexed properties would require an amendment to the General Plan and a General Plan process. CA/Jenkins indicated that properties would be given a General Plan designation and pre -zoned before it was annexed. If it became part of the Sphere of Influence of the City, if it was given a designation for residential and it had residential development potential, it would change the housing numbers in all respects. DCM/DeStefano stated that L.A. County has a number that they are scheduled to attain over the next five years. The City has a number as well. Currently, about 140 units of total housing has been designated for D.B. with about 50 to 60 of those units being of low and moderate income units that the City is obligated to try to achieve over the next five years. CM/Belanger stated that these numbers are based on a population of 58,700. If the entire area being discussed this evening was taken into consideration, it is about a 6.3% increase in population, which would not result in a significant increase in the low and moderate income -housing obligation. It is possible that low and moderate -income housing exists in a portion of the area toward Fairway Dr. that is under consideration. CM/Belanger responded to C/Huff that, with respect to possible annexation of the Shell property, it is important to understand the property owners' interest, even at the Sphere of Influence process. Certainly, the annexation process is a futile effort if they are not interested in being annexed into the community. The advantage of taking the intermediary step of the Sphere of Influence designation is that, although the property owner might object to it and try to influence the outcome, it does not really impact them from an authority point of view. They are still subject to the authority of the County of L.A. In most cases, when a property owner wishes to defer, it is because they prefer to have whatever land proposals they want to make in the future be governed by the policies and procedures of the jurisdiction in which they are currently located. If that were to change, they have an opportunity to ask for annexation with the Sphere of Influence designation, thereby making the annexation of that property very simple because it only requires property MARCH 7, 2000 PAGE 3 CITY COUNCIL STUDY SESSION owners to acquiesce to it. The Sphere of Influence option also allows the jurisdiction to work with that open tract property owner in coming up with a General Plan designation. In response to C/Huff regarding the costs for changing school districts, CM/Belanger explained that it might be easier to ask for an inter -district transfer of uninhabited property than when it is inhabited and there are existing residences, residents and children. CA/Jenkins concurred that it depends on whether the area is inhabited or uninhabited. The number of people involved will determine whether there is an election required. The matter goes to the State Board of Education, which determines whether or not to allow it to go forward with or without an election depending upon whether or not there are protests and depending upon a number of factors that are different from factors here, in particular, demographic composition of the school district, the racial balance in the school district, etc. C/Huff pointed out that if the area under consideration were annexed, the City would incorporate a third school district. He would prefer to move forward to annex the two parcels containing the subdivisions that already have the D.B. zip code within the Walnut School District, seek a Sphere of Influence on the unincorporated Shell property and attempt to reach an agreement with them for annexation. CM/Belanger stated that staffs recommendation is that before the Council proceeds with any initiative, that a Sphere of Influence designation be filed before annexation and that the proposal be discussed with the a District Supervisor. MPT/Ansari asked if the City has had any discussions with Shell Oil regarding the possibility of annexation. CM/Belanger responded that the City has discussed the matter with Shell Oil and at this point, they are non -committal. Supervisor Knabe is aware of this pending matter. M/O'Connor asked if the Sheriffs Department currently has jurisdiction over the Shell property. CM/Belanger responded that the Sheriffs Department has jurisdiction over all unincorporated property. Captain Martinez responded that the Sheriffs Department has jurisdiction over all unincorporated property. However, the Highway Patrol has MARCH 7, 2000 PAGE 4 CITY COUNCIL STUDY SESSION jurisdiction for traffic- related matters in the unincorporated area. M/O'Connor asked how responsive LAFCO is to annexation requests. CM/Belanger indicated that the City's experience with LAFCO dates back to just after incorporation. The City applied for three Sphere of Influence areas at that time: The first is the area for which the City ultimately received designation east of the SR 57. The second is the area defined by Brea Canyon Cutoff at Pathfinder Rd., down to Nogales, much of which was then uninhabited, and the third area was inside the western boundary of Pathfinder Rd., the SR60 and Brea Canyon Cutoff at Fairway Dr. LAFCO rejected the applications for Sphere of Influence designation for the two areas. At the time applications were made, the executive director of LAFCO lived in and was known as the Mayor of Rowland Heights and it may be fair to assume that she was not interested in relinquishing any portion of her domain. There has been no attempt to pursue either of those applications since that time. LAFCO is comprised of completely different personalities than existed in the early 1990's. In a real sense, a new cast of players would review the application. The Shell Oil property was included in the Sphere of Influence application. Wilbur Smith asked for clarification of news statements made regarding monies received as well as expenditures incurred by D.B. being considered estimates. He asked how the process could be initiated without having a good estimate as to what the financial implications will be. He expressed concern that by initiating such a process, it will imply that the City is in favor of annexation. He is concerned that the numbers that are generated after the process is started will support the idea that the City should proceed. He asked for an explanation of the statement that annexation would help to solve some of D.B.'s traffic problems. M/O'Connor said she had not seen the newspaper article to which Mr. Smith referred. None of the proposed areas would ease the City's traffic problem unless the Boy Scout Sphere of Influence property were annexed, which would present the possibility of putting a road around the canyon. Mr. Smith said that the article did not specify that any particular element would solve the traffic problem, but it says that the General Plan idea of. annexation would help solve the traffic problem. It did not identify any — particular section. M/O'Connor was unable to respond further with respect to the article that she had not seen. CM/Belanger stated that he would never recommend the annexation of any MARCH 7, 2000 PAGE 5 CITY COUNCIL STUDY SESSION property that could not sustain itself. He had difficulty recommending the annexation of inhabited property unless there is some extraordinary benefit that would accrue to the City. Under no circumstances would staff recommend consideration of annexing property that would be a detriment to the community. Staff will not create numbers to justify the annexation of property. D.B. is a healthy City and it is not good business to take on properties that will be a drain on the City's existing resources. Mr. Smith believed the residents of Rowland Heights would view this process as a "land grab" and wondered if Council had considered what annexation would actually mean. Some areas may identify with D.B. and some areas may not. He encouraged Council to include the affected residents in the process. M/O'Connor responded that D.B. had been approached by Sunset Ridge, Monte Verde, Diamond Ridge and Diamond Canyon residents, who have expressed an interest. CM/Belanger stated that the law virtually mandates an overwhelming agreement on the part of the property owners before they can be annexed to any given jurisdiction. This assumes that the LAFCO hurdle has been cleared, which is very sensitive to the comments of the people who live and reside in these unincorporated areas. The process is very open and provides ample opportunity for people on both sides of the issue to express themselves. C/Chang responded to Mr. Smith that Council entered into this study as a result of public inquiry. During this process, a Public Hearing will be held and D.B. residents will be invited to voice their opinions. Members of the previously mentioned subdivisions requesting that their area be annexed into D.B. have approached Council. Council is admonished to serve the needs of the citizens of this community, which requires full public disclosure. Many of the residents who live in the D.B. zip code area have been misled to believe that they reside in D.B. when in fact, they reside in another area. In order to avail themselves of certain services, they must make the long trip into L.A. County, whereas, if they were annexed into the City, their business could be conducted at D.B. City Hall. No Council Member wishes to create a burden to the City of D.B. MPT/Ansari asked if in the event these areas were annexed to the City, if the property records, collected fees and property taxes would be forthcoming from L.A. County. CA/Jenkins responded that the County resists parting with money. MARCH 7, 2000 PAGE 6 CITY COUNCIL STUDY SESSION CM/Belanger stated that one of the primary goals of proceeding with this type of process is to make certain that all of the monies due the City are identified and dealt with at the beginning of the process. Bernard Gasiewicz asked about the status of the Morning Sun area landslide and proposed development. CM/Belanger stated that there were two property owners at the time the landslide took place. One was a private property owner/developer and the other was the Walnut Valley Unified School District. There were no developments taking place at the time those properties slid. The Map was approved on May 17 and the slide occurred on May 19. There was no development that had anything to do with that landslide. The landslide was an Act of God. Nadine Brown felt that the study session should have been posted 72 hours ahead of time. M/O'Connor responded that notice was posted in advance of this study session. Ms. Brown asked that advance notices of these meetings be mailed to affected residences. She suggested that the dates of future meetings be posted in a mailing to all affected parties. CA/Jenkins responded that the process allows people to protest any annexation. If a certain percentage of people protest, then there must be an election. If a higher percentage protests, the entire matter is killed. The City posts all of its meetings on its website. It is cost -prohibitive to send agendas to every resident. The City's website is accessible. In addition, the information is posted at the library and other posting places. Ms. Brown indicated that the Windmill and the Walnut Times are sent to all households in these areas. She would be glad to post the meeting dates. C/Huff moved, M/O'Connor seconded, to place the matter of discussing application for Sphere of Influence for the undeveloped Shell Oil property and application for annexation of the two tracts that rest within the D.B. zip code and Walnut Valley School District known as Diamond Ridge and Diamond Canyon on a future Council agenda. MPT/Ansari asked that staff discuss this matter with Supervisor Knabe prior to bring the item before Council. Motion carried by the following Roll Call vote MARCH 7, 2000 PAGE 7 CITY COUNCIL STUDY SESSION AYES: COUNCIL MEMBERS - Chang, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Herrera ADJOURNMENT: There being no further business to conduct, Mayor O'Connor adjourned the Study Session at 6:12 p.m. to the regular City Council Meeting. LYNDA BURGESS, City Clerk ATTEST: MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 7, 2000 STUDY SESSION: 5:08 p.m., SCAQMD Room CC -2; Cost Benefit Analysis & LAFCO Process regarding Annexation. CM/Belanger stated that following extensive discussion, Council directed staff to bring back for a future agenda, consideration of the application with the County LAFCO of two subdivisions that show the same zip codes and the same school district as other properties within the City as well as the uninhabited Shell Oil property south of those two subdivisions. This matter will be brought back to a future meeting, the date of which is to be determined. CLOSED SESSION: 6:15 p.m. - Existing Litigation (Subdivision (a) of Section 54956.9. Patel vs. City of Diamond Bar. CA/Jenkins reported that, during the Closed Session, no reportable action was taken by the City Council. 2. CALL TO ORDER: Mayor O'Connor called the City Council meeting to order at 6:32 p.m. in the Auditorium of the South Coast Air Quality -- Management District, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Council Members Chang, Huff, Mayor Pro Tem Ansari and Mayor O'Connor. Council Member Herrera was excused. Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. PLEDGE OF ALLEGIANCE: The colors were presented by Junior Girl Scout Troop #482. INVOCATION: The Invocation was given by Pastor Ab Kastl, Diamond Canyon Christian Church. APPROVAL OF AGENDA: As presented. 3.A SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1 Presented Certificate of Recognition to Jr. Girl Scout Troop 482 in recognition of the 881h Anniversary of Girl Scouting founded March 12, 1912 and acknowledging Girl Scouts throughout the nation that have rendered continued service to their communities and to their country since the founding of the organization. MARCH 7, 2000 PAGE 2 3.A.2 Presented City Tiles to outgoing Traffic & Transportation Commissioners, Planning Commissioners and Parks & Recreation Commissioners. 3.A.3 Presented Certificates of Recognition to the Diamond Bar High School 1999 Mock Trial Team. 3.A.4 Proclaimed March 20-25, 2000 as "Safe Communities Week." 3.A.5 Proclaimed March, 2000 as "Women's History Month." 3.A.6 Introduced new Team Leader Lt. Pete Fosselman, L.A. County Sheriffs Department. 3.A.7 Introduced new Recreation Staff members. 3.A.8 Ron Heim, Trammel Crow Co., presented plaques to CM/Belanger and DCM/DeStefano in appreciation for their assistance in securing the sites in the Gateway Corporate Center now occupied by Travelers Insurance, Citicorp and Allstate Insurance. 3.6 CITY MANAGER REPORTS AND RECOMMENDATIONS: 3.B.1. CM/Belanger reported that the SunCal map closed escrow and the property now belongs to Pulte Homes, which will build the 127 homes adjacent to D.B. Blvd. across the street from Tin Dr. As a result, the City has received $1.2 million representing consideration for the map approval. These monies were deposited in the Parks Facilities and Development Fund, which brings the Fund total to just in excess of $2.5 million. Pulte homes will be responsible for landscaping the area that is located at Gold Rush Dr. and D.B. Blvd. As one of the conditions of approval of the project, ownership of 350 acres of open space land surrounding the project and the other side of Pantera Park has been transferred to the City. In addition, 10 acres of land has been transferred to the City that will be configured around the Summitridge Park area, for a total of 360 acres of open space and parkland. With respect to the Lanterman Developmental Center's security project, CM/Belanger reported that several members of the community traveled to Sacramento for a meeting before the Public Works Board. Assembly Members Nell Soto and Robert Pacheco and Speaker -elect Robert Hertzberg asked that the Lanterman matter be continued until the March meeting of the Public Works Board. The Public Works Board did, in fact, continue the matter until March 20. MARCH 7, 2000 PAGE 3 As a result of the continuance, a two-day workshop has been set up in Sacramento for March 15 and 16. Attendees will include members of the Department of Developmental Services' senior staff as well as community members and representatives from D.B., Walnut and Pomona and members of Assembly Member Pacheco's staff. The workshop is intended as an exchange of information and understanding with respect to the proposed project. 4. PUBLIC COMMENTS: Debbie Jackley, Cal Poly Pomona University, announced the school's April events. 5. SCHEDULE OF FUTURE EVENTS: 5.1 JOINT COUNCIL/WVUSD BOARD MEETING - March 8, 2000 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - March 9, 2000 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION - March 14, 2000 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.4 COMMUNITY COORDINATING COMMITTEE - March 20, 2000 - 7:00 p.m., SCAQMD Room CC -3 & 5,21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - March 21, 2000 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.6 DIAMOND BAR COMMUNITY FOUNDATION - March 30, 2000 - 7:00 p.m., SCAQMD Room CC -3 & 5, 21865 E. Copley Dr. 5.7 CENSUS DAY - April 1, 2000 - CENSUS TOWN HALL MEETING CABLE BROADCAST DATES (to be announced). 5.8 CITY BIRTHDAY PARTY - April 9, 2000 - 12:00 Noon - 6:00 p.m., Peterson Park, 24142 E. Sylvan Glen Dr. 6. CONSENT CALENDAR: C/Chang moved, MPT/Ansari seconded, to approve the Consent Calendar, with the exception of Item No's 6.9 and 6.11. Motion carried by the following Roll vote: AYES: COUNCIL MEMBERS - Chang, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Herrera MARCH 7, 2000 PAGE 4 6.1 APPROVED MINUTES: 6.1.1 Regular City Council Meeting of February 15, 2000 - As submitted. 6.1.2 Special City Council Meeting of February 18, 2000 - As submitted. 6.2 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES: 6.2.1 Regular Meeting of November 18, 1999 - as corrected. 6.2.2 Regular Meeting of January 27, 2000. 6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES - Regular Meeting of January 11, 2000. 6.4 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES - Regular Meeting of January 13, 2000. 6.5 APPROVED VOUCHER REGISTER - dated March 7, 2000 in the amount of $894,318.74. WO'Connor recused herself from approval of P.O. 9260 for $80.00; a portion of P.O. 9721 related to plane trip tickets for Council and Advisory Committee members; a check to the Post Office in the amount of $2,200; Invoice No. 105817 for $213.77; Invoice No. 105226 in the amount of $1,407.78; and P.O. 8883 in the amount of $7.98, due to a potential conflict of interest regarding the Lanterman Forensic Expansion Project. 6.6 REVIEWED AND APPROVED TREASURER'S STATEMENT - for January, 2000. 6.7 APPROVED OFFICE SUPPLY PURCHASE ORDER INCREASE FOR FISCAL YEAR 1999-2000 from $15,000 to $19,000 and authorized a total expenditure amount to Staples in an amount not to exceed $23,000 for FY 99-00. 6.8 APPROVED REDUCTION AND EXONERATION OF SUBDIVISION IMPROVEMENT BONDS (FAITHFUL PERFORMANCE AND LABOR & MATERIAL) FOR TRACT NO. 32400 (STANDARD PACIFIC) - reduced: a) Bond No. 111 3331 7666 - Grading Bond from $2,685,256 to $671,314 (75%); b) Bond No. 111 1940 5352 - Storm Drain from $736,639 to $184,159.75 (75%); c) Bond No. 111 4160 9146 - Sewer/Street from $543,674 to $135,918.50 (75%); and MARCH 7, 2000 PAGE 5 exonerated: a) Bond No. 111 3331 7591 - Domestic Water; b) Bond No. 111 331 7609 - Reclaimed Water; c) Bond No. 111 4160 9153 - Monumentation; and directed the City Clerk to notify the Principal and Surety of these actions. 6.10 APPROVED CONTRACT AMENDMENT WITH HIRSCH AND ASSOCIATES FOR THE DESIGN OF LANDSCAPING IMPROVEMENTS IN DIAMOND BAR - in the amount of $14,050 plus reimbursables of $3,000, for a total amendment not to exceed $17,050. This will result in a total contract of $39,050, which includes $6,600 of reimbursables, and allocated $17,050 from L.L.M.D. #38 reserves for this project. 6.12 ADOPTED RESOLUTION NO. 2000-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS AMBUSHERS STREET DRAINAGE IMPROVEMENTS PROJECT, IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. 6.13 ADOPTED RESOLUTION NO. 2000-16: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACCEPTING A GRANTING OF CERTAIN REAL PROPERTY HEREIN DESCRIBED FOR ROAD PURPOSES - a 5 foot wide portion of McDonald's property adjacent to Golden Springs Dr. and Brea Canyon Rd. for road purposes and directed the City Clerk to record the Irrevocable Offer of Dedication with the L.A. County Recorder's Office. 6.14 AWARDED DESIGN SERVICES FOR THE 1999-2000 AREA 2 SLURRY SEAL PROJECT - to GFB-Friedrich & Associates in an amount not to exceed $36,100 and authorized an amount of $3,600 for contract amendment(s) to be approved by the City Manager, for a total authorization of $39,700. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.9 APPROVAL OF CONTRACT AMENDMENT WITH HULS ENVIRONMENTAL MANAGEMENT - On February 1, 2000, Council directed staff to issue an RFP and proceed with an open bidding process for solid waste and recycling collection services in the City. The experience and knowledge of J. Michael Huls would assure a MARCH 7, 2000 PAGE 6 timely and comprehensive approach to the City's desire to retain a single service provider for the community. Mr. Huls has been providing technical support on various studies/reports pertaining to solid waste and recycling collection services in the City. As the City's Integrated Environmental Services Coordinator, Mr. Huls prepared the RFP, which has been made available to all qualified refuse and recycling services companies. M/O'Connor moved, MPT/Ansari seconded, to approve a contract amendment with Huls Environmental Management in an amount not - to -exceed $9,900 and authorize the Mayor to execute the amendment. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Herrera 6.11 EXTENSION OF VENDOR SERVICES FOR PUBLICITY BANNERS - The City has utilized Dekra-Lite to provide vertical publicity banners for City events. The City's Purchasing Ordinance limits the City Manager's purchasing authority to $15,000. Council previously authorized expenditures of $29,000 for the Holiday Banner Program. This work was completed by Dekra-Lite. The City is now purchasing banners and banner support poles from Dekra-Lite to advertise the City Birthday Party, at a cost of $9,000. Dekra-Lite has consistently been the low bidder with the best tum -around time for these services. MPT/Ansari moved, C/Huff seconded, to authorize an additional expenditure of $9,000 from the General Fund Reserves for City Birthday Party publicity banners and banner support poles and authorized that the purchase be made from Dekra-Lite, bringing the total expenditure from this vendor for the current fiscal year to $38,000. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Herrera 7. PUBLIC HEARINGS: 7.1 DEVELOPMENT CODE AMENDMENT NO. 99-1 AND SUBDIVISION. ORDINANCE AMENDMENT NO. 99-1 -The Development Code and Subdivision Ordinance have been in existence for over one year. MARCH 7, 2000 PAGE 7 Implementation of both codes during this time period indicates that several amendments are needed in order to continue to implement the purpose of both. codes to better serve residents and the development community. The Planning Commission reviewed the proposed amendments on January 25, 2000 and adopted Resolution No. 2000-02 recommending City Council adoption of the amendments. DCM/DeStefano explained proposed amendments as recommended by staff and the Planning Commission. Responding to MPT/Ansari, DCM/DeStefano explained that a guesthouse may have plumbing but it may not have a kitchen facility. A guesthouse is meant to be used for a short term stay by guests of the primary residence. Such facilities are primarily found within The Country Estates. M/O'Connor opened the Public Hearing. There being no testimony offered, M/O'Connor closed the Public Hearing. C/Chang complimented DCM/DeStefano and AssocP/Lungu for their work toward recommending changes to the code. C/Chang moved, C/Huff, seconded, to direct staff to prepare an ordinance approving said amendments to the Development Code and Subdivision Ordinance. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 8. OLD BUSINESS: COUNCIL MEMBERS - COUNCIL MEMBERS - COUNCIL MEMBERS - Chang, Huff, MPT/Ansari, M/O'Connor None Herrera 8.1 APPOINTMENT TO PARKS & RECREATION COMMISSION - C/Huff offered the appointment of Jeff Hull. M/O'Connor moved, C/Chang seconded, to approve the appointment of Jeff Hull to the Parks & Recreation Commission. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Huff, MPT/Ansari, M/O'Connor MARCH 7, 2000 PAGE 8 NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Herrera 9. NEW BUSINESS: 9.1 RESOLUTION NO. 2000-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF HIGHCREST DRIVE IN THE CITY OF DIAMOND BAR - The City has received a request from the Highcrest Homeowners Alliance to vacate the portion of Highcrest Drive located southerly of Gold Rush Dr. This matter asks Council to consider the vacation request, to initiate the vacation proceedings in accordance with the Streets and Highways Code, and to set a Public Hearing for April 18, 2000. DCM/DeStefano responded to C/Chang that 19 property owners have agreed to this request. In response to M/O'Connor, DCM/DeStefano explained that certain costs are borne by the City as well as, by the Homeowners' Alliance. CA/Jenkins stated that the Council may choose to condition the reimbursement to the City of any costs incurred by the City as a result of processing this vacation and in light of the fact that the homeowners will benefit from being able to have a gated private street. Sandy Erickson said that homeowners in the Highcrest Dr. area have had ongoing meetings with Pulte Homes, during which the homeowners have voiced their desire to become a part of the homeowners association. The reason the homeowners are seeking vacation of the street is to ensure the safety and privacy of the street. M/O'Connor concurred with C/Chang that she would like to see an agreement in place between Pulte Homes and the Highcrest Dr. homeowners prior to the City taking further action. M/O'Connor asked that Section IV of the Resolution be changed to indicate that the Public Hearing will be held at 7:00 p.m. instead of 6:30 p.m. C/Huff moved, C/Chang seconded, to adopt Resolution No. 2000-17, as amended, declaring its intention to vacate a portion of Highcrest Drive. Motion carried by the following Roll Call vote: MARCH 7, 2000 PAGE 9 AYES: COUNCIL MEMBERS - Chang, Huff, MPT/Ansari NOES: COUNCIL MEMBERS - M/O'Connor ABSENT: COUNCIL MEMBERS - Herrera 9.2 RESOLUTION NO. 2000-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AMENDMENT NO. 2 TO THE TRES HERMANOS CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT TO ADD THE .CITY OF INDUSTRY AS A PARTY TO THE AGREEMENT AND MEMBER OF THE BOARD - The City of Industry Urban Development Agency is the majority property owner of the undeveloped area commonly known as the Tres Hermanos Ranch located within the incorporated boundaries of Diamond Bar and Chino Hills. In December 1999, the Tres Hermanos Conservation Authority (THCA) adopted a Resolution approving the participation of the City of Industry (Industry) as an Ex -officio Member of the Authority. In January 2000, the City Council approved an Amendment to the THCA Joint Exercise of Powers Agreement to add the City of Industry as an Ex -officio Member of the Authority. On February 28, 2000 the THCA Board considered and approved full membership of the City of Industry contingent upon approval by the Cities of Diamond Bar and Chino Hills. C/Huff moved, MPT/Ansari seconded, to adopt Resolution No. 2000- 18: A Resolution of the City Council of the City of Diamond Bar Approving Amendment No. 2 to the Tres Hermanos Conservation Authority Joint Exercise of Powers Agreement and authorized the Mayor to execute the Supplemental Agreement. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Herrera 9.3 (a) RESOLUTION NO. 2000-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR IN SUPPORT OF AB 1939 - The Bill places emphasis on implementation of waste diversion programs to efficiently utilize limited local resources and not require local governments to go through extraordinary lengths to ensure mathematical compliance with the State's 50% waste reduction mandate as insisted by the California Integrated Waste Management Board (Waste Board). The Bill also promotes alternative technologies to reduce dependence on landfill and incineration as well as, requirina the Waste Board to maintain a local office L.A. MARCH 7, 2000 PAGE 10 County. MPT/Ansari moved, C/Chang seconded, to adopt Resolution No. 2000-19 supporting AB 1939. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Herrera (b) RESOLUTION NO. 2000-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING AB 2067 - This bill would allow the 50% diversion amount requirement for solid waste for L.A. County and the cities and regional agencies located within that County, to include diversion through nonburn transformation, as defined, if specified conditions are met with regard to the project and the residues generated from the project. The bill -- would revise the definition of transformation, for purposes of this exemption, to exclude nonburn. MPT/Ansari moved, C/Chang seconded, to adopt Resolution No. 2000-20 supporting AB 2067. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Herrera RECESS TO REDEVELOPMENT AGENCY: M/O'Connor recessed the City Council Meeting to the Redevelopment Agency at 9:30 p.m. RECONVENE CITY COUNCIL MEETING: M/O'Connor reconvened the City Council Meeting at 9:33 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS: C/Chang spoke about the SCAG Truck Lane Task Force meeting. He attended the Trammel Crow building grand opening. On February 26, most of the Council attended the Council of African American's all day event, the Census 2000 Town Hall Meeting, the D.B. High School Varsity Football CIF Championship party and the Diamond Ranch High School Casino Night. The State Legislature passed legislation to pass along $1.2 to $1.5 billion of the State's $4 plus billion to local cities and counties. MARCH 7, 2000 PAGE 11 C/Huff said that on February 16, he and WO'Connor, as members of the Coordinating Council, met with staff to compile a list of organizations in the community. He looked forward to community participation. That evening, Help City U.S.A. gave a presentation to the City On -Line Technical Advisory Committee. On February 17, he attended the COG meeting. On February 18, he and other community members attended the Public Works meeting in Sacramento. On February 19, he supported the Kiwanis Sports Education at Heritage Park. On February 25, he attended the Foothill Transit Board meeting and testified at the Alameda Corridor East Senate Assembly Joint Committee Hearing. On February 28, he chaired the Alameda Corridor East Board meeting and the Tres Hermanos Conservation Authority meeting. On March 3, members of the Council attended the West Covina Chamber of Commerce Power Luncheon with State and local political leaders and youth in attendance. On March 6, Council Members attended a luncheon with Cathay Bank officials. Last evening, the Lanterman Advisory Committee met to prepare for its next phase. He displayed a yellow tag he found hanging on his door from the local dogcatcher regarding a dog owned by the previous owners of his home. The City has delegated this authority to the Inland Valley Humane Society to make sure the animals in D.B. are registered. He expressed concern that new residents will encounter this confrontational type of approach to compliance. He suggested that the Humane Society should find other ways to verify who lives in a residence before confronting home owners and that the person delivering the tag should not be in a uniform. Perhaps a notice could be placed in a water bill for new residents welcoming them and providing general public information regarding animal control, regulations they are expected to follow, information on school districts, where the Chamber of Commerce is located, where City Hall is located, etc. MPT/Ansari spoke about attending the following events: The opening day of softball, the CAAP Festival, Friends of the Library luncheon, the Sacramento Gonzalves dinner, the Tres Hermanos meeting, the Economic Development meeting, an opening for the foreign trade zone in the City of EI Monte, the Cathay Bank luncheon, the Inland Valley Economic Partnership meeting, the San Gabriel Valley Economic Partnership meeting, the Census 2000 Town Hall meeting, the Diamond Ranch Casino Night at the YMCA, the Solid Waste Committee for SCAG, the Chicano Institute of UCLA's film screening at the Orpheum Theater in Los Angeles, and the Golden Springs Elementary School's Read -a -Book week, during which she read books to 5"' graders, the Indian Sunshine Seniors group and spoke to them about their needs and about Census 2000. She stated that on April 31'4, the Friends of the Library will hold a Wine Soiree. On April 8tn, the Chamber of Commerce will host a Casino Night and dinner at Peterson Park. She commented that many seniors are not taking advantage of the City's Dial -A -Ride. She asked that information regarding the program be included in a City newsletter and that MARCH 7, 2000 PAGE 12 staff contact the Chinese seniors and the Indian seniors. The Democratic Convention is offering non-partisan internships to students during the convention. CM/Belanger responded to M/O'Connor that re -broadcast dates of the Census 2000 Town Hall meeting will be posted on the City's website and on Channel 12. M/O'Connor stated that on February 16, she met with the Principal, Vice Principal and Walnut School District Police concerning safety issues around the schools. She requested a meeting with the Sheriffs Department to discuss the school traffic safety program. She asked that Council be updated regarding school traffic. Also on February 16, she presented her "State of the City" speech to the Rotary Club and attended the City On -Line presentation. On February 17, the D.B. Community Foundation held its first meeting, which consisted of selecting the four remaining committee members. Those selected were: Orien Pagan representing the Chamber of Commerce; J. J. Dinkin representing Youth Organizations; Mangal Gulshan representing the Seniors, and Mack Kuykendall representing the Service Organizations. 11. ADJOURNMENT: There being no further business to conduct, M/O'Connor adjourned the meeting at 10:06 p.m. in memory of Gwendolyn Perkins. ATTEST: Mayor LYNDA BURGESS, City Clerk