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HomeMy WebLinkAbout8/15/2000Minutes - Joint Study Session w/Planning Comm.CITY OF nleummn RAID CITY COUNCIL STUDY SESSION _ JOINT MEETING WITH THE PLANNING COMMISSION AUGUST 15, 2000 1. CITY COUNCIL CALL TO ORDER: Mayor O'Connor called the Study Session to order at 4:40 p.m. in the South Coast Air Quality Management District Room CC -8, 21865 E. Copley Drive, Diamond Bar, California. 2. ROLL CALL: Council Members Chang, Herrera, Huff, and Mayor O'Connor. Mayor.Pro Tem Ansari was excused. PLANNING COMMISSION: Commissioners Ruzicka and Tye, and Vice -Chairman and Acting Chairman Zirbes. Commissioner Kuo and Chairman Nelson were excused. Also present were: James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; Mike Jenkins, City Attorney; David Liu, Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director, Mike Nelson, Communications & Marketing Director, Lynda Burgess, City Clerk; Teresa Arevalo, Senior Administrative Assistant; Linda Smith, Development Services Assistant; Sonya Joe, Development Services Assistant; AI Flores, Code Enforcement Officer, Ruben Soriano, Code Enforcement Officer; Sgt. Bill Flannery, Walnut/D.B. Sheriff and Deputy Bill Song, Walnut/D.B. Sheriff. 3. GENERAL DISCUSSION (Matters of concem): 1. Status of Redevelopment Agency. CA/Jenkins reported that the City received very disappointing news regarding the Redevelopment Plan. It is especially disappointing because the City thought that it had a very strong case. However, the courts are continuing to take a very hostile attitude toward redevelopment. It is unfortunate because of the benefits that it offered and because there are a lot of redevelopment agencies that are in communities like D.B. 2. Grocery Store Vacancies: C/Ruzicka inquired about the status of the Ralph's and Top Value sites. M/O'Connor stated that during tonight's regular City Council meeting, members of the public will be present to discuss this issue. DCM/DeStefano reported that Top Value has left the area. They are still making lease payments as a sub -lessee to Albertsons, who controls the lease, which has about 10 more years to run. The City heard that when Top Value was leaving, an ethnic -oriented grocer AUGUST 15, 2000 PAGE 2 JOINT CITY COUNCIL/ PLANNING COMMISSION STUDY SESSION was taking over the lease which obviously did not take place. In the last week staff has placed calls to Top Value's corporate headquarters as well as to Albertson headquarters in an effort to get an update and the calls are not being returned. From a square footage standpoint, the Top Value site is the largest grocery store in the City and staff would hope that some entity would capture the freeway opportunity that it provides whether it be for grocery purposes or some other type of retail good and services provision. With respect to the Country Hills Towne Center location, Ralph's continues to control the lease for about another 10 years. They have offered to cancel the lease. However, M&H Properties, Inc. (the property management firm) has no interest in canceling the lease, which generates about $300,000 a year in lease payments. Most recently, a small grocery chain headquartered in the South Bay was interested in the site. However, that entity cannot afford the monthly rental payments that Ralph's is paying. One of the outstanding _ issues is who, if anyone, would be subsidizing that rent structure. It will be increasingly difficult for the City to consider doing so with the loss of Redevelopment Agency funds as a tool. The second major hurdle is that this is a main stream grocery store operator, which is the type of operator Ralph's has said they would not permit to go into that location because Ralph's does not want the competition. Ralph's has said they would permit an ethnic type of store but all of the providers of those retail services in this area have declined (Ranch 99 and others). M/O'Connor reported that a resident of the Heritage Park homes, Andrew Merkel, has circulated a petition aimed toward Ralph's and MSH Properties, Inc. which he plans to present to Council this evening. She believed citizen involvement is good. AC/Zirbes asked the Council to explain to Mr. Merkel that subsidizing the rent in the Ralph's location could have been an option with redevelopment funds. C/Chang reported that the Council's Legislative Subcommittee (C/Herrera and C/Chang) proposed to the State Legislature that they author a bill to disallow control of the marketplace by mainstream supermarkets by anti -competition measures. AC2irbes said he never thought that Top Value would have much of a chance to succeed with the constant union intervention. Albertson was very successful because of its location. AUGUST 15, 2000 PAGE 3 JOINT CITY COUNCIL/ PLANNING COMMISSION STUDY SESSION 3. Conditional Use Permits: M/O'Connor and others proposed this topic. She expressed concern about why Platinum Restaurant has not met the conditions of approval under the Conditional Use Permit in the last nine months. DCM/DeStefano stated that since incorporation, the City has approved about 100 Conditional Use Permits, about 85 of which are currently active. Periodic _ reviews are conducted to determine compliance. Currently, all active Conditional Use Permits are being reviewed and staff has completed a review of about 50°% of the permits. WO'Connor said she would like to have the Planning Commission review Platinum Restaurant's CUP. AC/Zirbes believed that it would be in order for the Planning Commission to review Platinum's CUP. DCM/DeStefano cautioned the Council and Commission that the Planning Commission wrote into the CUP the opportunity for periodic review.. It would seem appropriate to conduct such a review on or about the one-year anniversary of the granting of the permit. The Commission may also wish to consider, in addition to the review, whether or not they may want to modify or revoke the permit. Whatever decision the Commission makes could be appealed to Council. Most other Conditional Use Permits do not contain period review conditions and most have conditions that have more to do with development or performance standards than they have to do with operational and management standards, which Platinum was laden with due to the nature of their request. M/O'Connor said that if Platinum did not meet the conditions they perhaps should have not been allowed to open. If the City knows that they have not met the conditions why would it wait for a year to conduct a review. DCM/DeStefano responded that the outstanding issue was the L.A. County business licejnse. Prior to receiving the license, they have to have the fire department sign off on their facilities. He said he was told a few weeks ago that fire was ready to sign off but he noticed a couple of days ago that there are additional outstanding issues. Until fire signs off, the County business license won't be signed off and that has been the issue. The County business license process•is one AUGUST 15, 2000 PAGE 4 JOINT CITY COUNCIL PLANNING COMMISSION STUDY SESSION where an applicant is allowed to commence operation for a certain period of time once they have filed a bona fide application with the County. The wild card in this issue is the fire department and the length of time it is taking to get through that process. Both the City and the County require fire department sign off and the applicant is allowed a certain period of time to get through this process. C/Tye said that it was the intent of the Planning Commission to be as "business-ftiendly" as possible. Whether or not this business owner has done in good faith what they said they would do is to be determined. He said it was the desire of the Commission to see that business open and to help them in every way possible and not be an impediment. He believed that an annual review would be a good time to address these issues. M/O'Connor asked who is legally responsible in the event that there is an accident on the premises. C/Huff said that part of the problem is the fire department because they keep raising the standard. CA/Jenkins indicated that the City does not have to wait a particular amount of time. As a practical matter and to the extent that Platinum may have become mired in the County bureaucratic maize, it is not uncommon to allow them an opportunity to work their way through the County bureaucracy while they are operating. Although the one-year anniversary may be regarded as a suitable milestone for reviewing the operation from a policy point of view, the City is not precluded from looking at it sooner if you believe that the business is creating a nuisance. C/Chang asked if they are operating according to their CUP. He stated that the owners of the adjacent businesses complain bitterly that Friday, Saturday and Sunday nights at Platinum is a "zoo." People use the parking lot as a bathroom and change clothes in full view of the public. DCM/DeStefano responded to C/Ruzicka that the one-year anniversary of the approval is August. Their operation began in late September, early October. AC/Zirbes said he would support the one-year anniversary review. However, he has heard the same thing from adjacent businesses that was reported by C/Chang. These businesses have to close down AUGUST 15, 2000 PAGE 5 JOINT CITY COUNCIL/ PLANNING COMMISSION STUDY SESSION early and Platinum is jeopardizing their operations. Also, there has been attention to the City about the matter from residents who live in the area. Although he was not on the Commission when the matter was approved, he understood that Platinum is not operating within the guidelines of the CUP. He would suggest that the Commission move forward with its review in September. C/Chang suggested that staff review the CUP compliance procedure for possible improvement. 4. Industry East Development Project: DCM/DeStefano reported that the City of Industry has prepared responses to all of the comments that were received on the Draft Environmental Impact Report. Staff was told that the responses would be forthcoming in anticipation of an August 24 Public Hearing during which the City of Industry City Council will be considering formal action on the EIR. Staff went to the Industry to pick up a copy of the response today since D.B. had not received the report. IWO'Connor stated that the Industry East Advisory Committee held its first meeting last week. Five homeowners and five business owners are representatives of the Committee. Some rumors were dispelled during the meeting such as the false rumor that low-income housing would be built on Tres Hermans. The next meeting is scheduled for Tuesday, August 29. All Committee members have been invited to attend the August 24 Public Hearing. AC2irbes asked about the likelihood of Grand Avenue being extended to the point that businesses would be lost at the intersection of D.B. Blvd. as a result of project traffic impacts. The owner of D.B. Florist told him he was concerned about low income housing in Tres Hermans and the possible loss of his business. DCM/DeStefano stated that in terms of traffic impacts to D.B. Blvd. and Grand Ave., a 20 -year forecast, which includes projects being developed in Ontario, Chino, City of Industry, etc. predicts that Grand Ave. will be tremendously impacted as well as the freeways and other major streets. If there is not a relief valve constructed in this area to divert more traffic away from D.B.'s intersections to provide another way to get into Orange County in particular, the situation will continue. What D.B. does about this matter will be up to Council at the point in time when a decision has to be made. D.B. does not have to improve its intersections by blowing out existing businesses simply AUGUST 15, 2000 PAGE 6 JOINT CITY COUNCIL PLANNING COMMISSION STUDY SESSION to. add capacity for others to drive through the City. This is a local decision and the City may have to make those kinds of decisions to tolerate a certain level of congestion or the City may make the decision to do something to respond to the increased traffic. The improvements that the City is aware of would not incorporate the amount of right-of-way that would require the loss of the flower shop, which is about 50 feet away from the current traffic lane. The right-of- way that is being discussed is more- along the lines of adding left tum lanes, adding free right -tum lanes, striping through lanes, etc. C/Huff did not believe that Council has resolved to build up the intersection of D.B. Blvd. and Grand Ave. There would have to be a lot more compelling reasons than the City of Industry's traffic study. 5. Code Enforcement. M/O'Connor thanked staff for removing the banners at Lorbeer Middle School. She liked the information banners at the site but believed they were left in place for too long a time. CEO/Flores said that, absent a school principal, the administrative officer was concerned about the banners and had already notified people that they should remove them. WO'Connor does not want to lose the ability to have banners at that location because she believed they are beneficial. CEO/Flores responded that the school is not averse to placing banners at the comer of Golden Springs Dr. and D.B. Blvd., they need to establish a policy and obtain permits for the banners. C/Tye said that civic groups should be held to the same standard as the businesses. They should not be putting banners up at random. C/Ruzicka pointed out that if civic and sports organizations are informed about the banner policy, they will comply. AC/Zirbes asked if the City has weekend code enforcement to which CEO/Flores responded that he works Monday through Friday and CEO/Soriano responded that he works on Friday, Saturday and Monday. ACfZirbes pointed out that a clothing store located in the Country Hills Towne Center puts up hand made signs on the weekend - 30% off sale today - which look tacky. He believed that the business should be made aware that the signs are not allowed and AUGUST 15, 2000 PAGE 7 JOINT CITY COUNCIL/ PLANNING COMMISSION STUDY SESSION that the next time they appear on the street, the business will be issued a citation. CEO Soriano indicated that he speaks with the businesses that display signs such as those mentioned by AC2irbes. He gives the businesses a warning but many times it is difficult because he is not speaking directly with the business owner. He lets people at the business know he is removing the sign, gives them a list of procedures telling them what is allowed and what is not allowed. After the third warning, the business will receive a citation, for which a $100 fine is imposed. Subsequent offenses cavy an increased fine. Most of the time the businesses comply. M/O'Connor suggested that a follow up letter be sent to the business owner. She asked how many citations have been issued since January. CEO/Flores responded that he has written five or six citations for property maintenance standards. During the same time frame, approximately 50 vehicles were towed. He is concentrating on single family residences and CEO/Soriano is working with commercial properties. AC2irbes asked if the Code Enforcement Officers find citation authority helpful to their jobs. CEO/Flores responded "absolutely." Fines are paid directly to the City. CEO/Soriano responded to M/0'Connor that he has issued no citations. M/O'Connor suggested that CEO/Soriano check for sandwich boards at Torito Plaza. C/Tye suggested CEO/Soriano check the banner that hangs on the beam at the new cleaners, the surgery sign at the Vineyard Bank comer and Hollywood Video's banner. DCM/DeStefano indicated that businesses are allowed a certain size banner for up to 90 days per year. Businesses are supposed to obtain a permit from the City at a cost of $25 and post a $100 refundable deposit, which is meant to insure that they remove the banner in a timely manner. Some comply and some do not. AUGUST 15, 2000 PAGE 8 JOINT CITY COUNCIL PLANNING COMMISSION STUDY SESSION 6. Housing Element - Requested by C/Kuo: AC/Zirbes stated that the Planning Commission is asking the Council to indicate their wishes and direction for the Housing Element. C/Ruzicka asked if the world ends if D.B.'s Housing Element is not approved by the State. CA/Jenkins responded that approval of the Element is desirable but the lack of approval does not necessarily mean that the Element is invalid. The only way that the Element can be invalidated is through court action and even where HCD does not approve the Element, it is still possible for a city to overcome the presumption that is presented by HCD's disapproval and prevail in the defense of its Housing Element. DCM/DeStefano responded to M/O'Connor that in 1995, the State _ objected to one provision in the Element, which was an "in -lieu housing fund." The strategy indicated that developers shall create low to moderate income housing within their existing projects or provide an "in -lieu" contribution which would be pooled to create housing programs subsidized by redevelopment monies, to which the State strongly objected. The State felt that this strategy would increase the price of housing for everybody else. Staff thought it was a workable solution for D.B. because the City's homes are medium to upper-income homes and an extra $5,000 to $15,000 contribution per home would not drive away buyers. The State also felt that D.B. had not identified sufficient sites for future housing and much of the future had been banked on Tres Hermanos. The State concluded that 800 acres was insufficient for future housing. These are the only reasons that D.B. did not receive an HCD certification. 7. Variance Procedures - Requested by C/Kuo: C/Tye believed that C/Kuo is concerned about the number of variances that are presented to the Planning Commission and would like input from the Council. C/Huff said he received an e-mail from a homeowner in the northern part of the City who wanted to add a patio onto their home and they were already in the 30% footprint, which the Development Code says cannot be exceeded. In this case, there is a procedure to get a variance or public'hearing on this matter. He suggested that staff bring back recommendations on how to handle these matters AUGUST 15, 2000 PAGE 9 JOINT CITY COUNCIL/ PLANNING COMMISSION STUDY SESSION because there is a concern about lot chopping and mansionization in the City. And yet, some of the original housing already occupies a footprint that hobbles them from adding a patio or pool, which was not the intent of the law but it is now what the City is dealing with. He believed staff, the Planning Commission and City Council should review the matter. 8. Traffic: C/Huff presented a copy of the Four Comers Executive Summary. This is a long two-year process and the Summary presents a look at 20 years in the future and what needs to be done to address these problems. Even if all 50 recommendations are implemented at a cost of $1.3 billion, the situation will remain close to what it is today. He pointed out that the number one consideration is a feasibility study of a bypass road through Tonner Canyon. Implementation is projected for the next five years and funding is an issue. This would be a costly project because of the associated environmental issues. He pointed out the items within the report that directly affect D.B. One of .the strategies that were rejected was a dedicated bus lane on northbound Grand Ave. from Chino Hills to the freeway. Included in the strategy is bus service from the Chino Hills area to L.A. County to the Metrolink Station. WO'Connor reported that the City of Industry has removed the red curbing on Brea Canyon Rd. in front of the Metrolink Station to provide an additional 65 parking spaces to relieve the overflow parking on Washington St. When the Industry East Project is approved, 400 additional parking spaces will be provided at the station in the first grading. C/Huff responded to AC/Zirbes that frequent stops are generally provided by light rail. Metrolink is a heavy rail facility. An HOV lane is planned from D.B. to the 605 freeway. 9. Larkstone Park status: No progress. C/Huff reported that when Mr. Redinger was on the Walnut School District Board, they worked out a deal and then he was unelected and there was no deal. C/Herrera said there has been conversation to the effect that Larkstone Park will be part of a component of the development of other properties. The redevelopment issue may have interrupted this AUGUST 15, 2000 PAGE 10 JOINT CITY COUNCIL1 PLANNING COMMISSION STUDY SESSION process. 10. Trails Master Plan: CSD/Rose stated that the Trails Master Plan is being worked on at this time. Much progress has been made on the bike path through the community. The draft document is currently being reviewed jointly by the Parks & Recreation Commission and the Traffic & Transportation Commission. The consultant is working on an inventory of the existing trails and a document on this portion of the plan should be received next week. A joint meeting has been tentatively scheduled for review of the document on September 28. Following review by the two Commissions, the draft document will be forwarded to the Planning Commission for its review and input. 11. Open Space Sphere of Influence Area/Boy Scout Property/Tres Hermans, annexation of properties to the southwest. WO'Connor reported that WCCA offered to purchase the Boy Scout property. C/Huff understood that the City of Industry and WCCA are in competition to purchase the property. ACZZirbes asked about the probability of the City of Industry acquiring the Boy Scout property and flooding the Tres Hermanos area for building Lake D.B. WO'Connor said that in discussions with the City of Industry, they would not be against a road to help mitigate the traffic. 12. Skateboard Park concerns: M/O'Connor indicated that the City is attempting to get users to wear their safety equipment. The problem is that the kids have worked out a system to avoid getting caught by the Sheriffs Department. She has written about this problem in the Mayor's Comer and intends to address this situation during tonight's Council meeting. The park is new and has a lot of activity, which is wonderful. Sgt. Bill Flannery indicated that the Sheriffs Department has issued 25-30 citations that.car y a fine of $100. Subsequent citations cavy fines of $200 and $500. AUGUST 15, 2000 PAGE 11 JOINT CITY COUNCIL/ PLANNING COMMISSION STUDY SESSION M/0'Connor said that there have been a few injuries. M/0'Connor thanked the Planning Commissioners for their participation. M/O'Connor moved, C/Huff seconded, to add the matter of Barbara Beach-Courchesne, et al vs. City of Diamond Bar to the Closed Session agenda. Without objection, the motion was so ordered. ADJOURNMENT: There being no further business to conduct, Mayor O'Connor adjourned the Study Session at 5:50 p.m. to Closed Session. L DA BURGESS, City Clerk ATTEST: Uma), A 02�"� Mayor JAMES DeSTEFA 0, Planning Commission Secre ary ATTEST: Vice Chairman Bob Zirbes MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 15, 2000 STUDY SESSION: M/O'Connor called the Joint Study Session with the Planning Commission to order at 4:40 p.m. in Room CC -8 of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, CA. Discussion Topic: General Present: Council Members Chang, Herrera, Huff and Mayor O'Connor. Mayor Pro Tem Ansari was excused. Present: Planning Commissioners Ruzicka, Tye and Vice Chairman Zirbes. Commissioner Kuo and Chairman Nelson were excused. Also present were: James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; Mike Jenkins, City Attorney; David Liu, Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director; Lynda Burgess, City Clerk; Teresa Arevalo, Senior Administrative Assistant, Linda Smith, Development Services Assistant; Sonya Joe, Development Services Assistant; Al Flores, Code Enforcement Officer; Ruben Soriano, Code Enforcement Officer; Sgt. Bill Flannery, Walnut/D.B. Sheriff and Deputy Bill Song, Walnut/D.B. Sheriff. Following an announcement by CA/Jenkins, M/O'Connor moved, C/Huff seconded, to add to the Closed Session agenda a conference with Legal Counsel re: Existing Litigation (Subdivision (a) of Government Code Section 54956.9) - Barbara Beach Courchesne, et al vs. City of Diamond Bar. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - MPT/Ansarir ADJOURNMENT: M/O'Connor adjourned the Joint Study Session at 5:50 p.m. to the Closed Session. CLOSED SESSION: 5:50 p.m., SCAQMD Room CC -8 1.1 Conference with Legal Counsel - Existing Litigation (Subdivision (a) of Government Code Section 54956.9) - Barbara Beach-Courchesne, et al vs. City of Diamond Bar. 1.2 Conference with Legal Counsel - Existing Litigation (Subdivision (a) of Government Code Section 54956.9) - City of Diamond Bar vs. State of California. 2. CALL TO ORDER: Mayor O'Connor called the regular City AUGUST 15, 2000 PAGE 2 CITY COUNCIL Council meeting to order at 6:40 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. CA/Jenkins reported that, at the conclusion of the Study Session, the City Council, by unanimous vote, added one item to the Closed Session Agenda - the Case of Barbara Beach-Courchesne, et al vs. the City of Diamond Bar. The Council met in Closed Session and the only reportable action taken was the ratification of the dismissal of the appeal in the case of the City of Diamond Bar vs. State of California relating to the challenge to the Lanterman Expansion Project relative to the Mitigated Negative Declaration that did not involve and does not affect the pending appeal against the State of California regarding attorneys' fees. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Herrera. INVOCATION: The Invocation was given by Pastor Dennis Stueve, Mt. Calvary Lutheran Church. ROLL CALL: Mayor O'Connor, and Council Members Chang, Huff and Herrera. Mayor Pro Tem Ansari was excused. Also Present were: James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; Mike Jenkins, City Attorney; David Liu, Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: M/O'Connor reported that MPT/Ansari requested that Item 9.3 be held over to September 5 in order for her to propose less stringent ordinance language. CA/Jenkins stated that if the Council chooses to put this matter over to the September 5 meeting, it would still be possible to comply with the requirements of the Regional Water Quality Control Board. Council would have to do so by the adoption of an urgency ordinance because the requirement is that the action be taken by October 8, 2000. The Regional Water Quality Control Board requires all cities within the county to adopt the ordinance as written. Some 33 cities within the county, including Diamond Bar, have appealed that decision to the State Board. The appeal is pending. The State Board declined to issue a stay and the Regional Board's order remains in effect. The determination is currently pending and his firm did not believe that the State Board would make a determination before the October 8 compliance deadline. The ordinance contained within the packet puts D.B. into compliance with the Regional Board's order and is not subject to AUGUST 15, 2000 PAGE 3 CITY COUNCIL language change because to do so would not be in compliance with the Regional Board's plan, which presents the potential of being fined by the Regional Board to the maximum of $10,000 per day. Regardless of the Council's decision, if the State Board modes the ordinance or sends it back to the regional board for more work, your decision can be undone with the adoption of an urgency ordinance at any regular Council meeting. Council concurred to continue Item 9.3 to September 5, 2000. 3. A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1 Proclaimed September 2000 as "National Alcohol and Drug Addition Recovery Month - Recovering Our Future: One Youth at a Time." 3.A.2 Presentation by Deputy Bill Song, Walnut/D.B. Sheriff re: Year -End Crime Statistics. 3. B. CITY MANAGER REPORTS AND RECOMMENDATIONS: DCNYDeSkftm reported that the City of Industry's proposed Industry East Industrial Development Project is proceeding. Industry has provided D.B. with a 900 - page document that is their response to the comments that D.B. and others provided Industry in June 2000 on their Draft Environmental Impact Report. The report was received today. Staff is reviewing its contents and preparing an appropriate response to Industry. It is likely that Industry will take action on the Environmental Impact Report at their 9:00 a.m. August 24, 2000 meeting. M/O'Connor encouraged all interested parties to attend the August 24 meeting. 4. A. PUBLIC COMMENTS: Roman Nava introduced Josh Hamilton, Field Representative, Assemblyman Pacheco's Office. Mr. Nava announced that Assemblyman Pacheco and Assemblyman Bob Margett would sponsor a State Exposition on September 9, 2000, which will include representatives from 26 State agencies. D.B. residents will be able to attend the exposition at the Puente Hills Mail from 10:00 a.m. to 6:00 p.m. and ask questions of any representative. Andrew Merkel, resident of Heritage Homes, spoke about his concern about the lack of a grocery store in the southern portion of D.B. He explained the difficulty in getting to stores one mile away due to the heavy traffic flow on major streets. The lack of a grocery store and the 40°x6 vacancy factor in the shopping center is blighting the area. He is circulating a petition that indicates residents believe it is wrong to hold a non -operational lease for 11 years. AUGUST 15, 2000 PAGE 4 CITY COUNCIL 4. B. RESPONSE TO PUBLIC COMMENTS: DCM/DeStefano responded to Mr. Merkel that since the initial closure of the Ralph's store, the City has been marketing that spec site on behalf of the property owner. A number of grocery store operators have been informed of that opportunity. In addition, the City has been working with M&H Properties to find an appropriate tenant to be located at that site. The City has discussed with Ralph's the need to turn that site into a grocery store for the community's benefit and were able to convince Ralph's to hire a grocery store broker to assist in getting the site filled. The City has been equally frustrated in its attempt to encourage a grocery store to locate in the Country Hills Towne Center site. Many grocery operators have declined the site because of its location, issues with traffic and other concerns that appear to not meet their specific requirements. Ralph's has stated their intent to block any competitor that might move into that particular facility. Staff continues to work with M&H Properties to market the site. C/Herrera applauded Mr. Merkel for his efforts. She reminded residents that last year, she conducted a letter -writing campaign to encourage Ralph's to allow a grocery store to locate in the Country Hills Towne Center site. Unfortunately, D.B. is facing a similar issue with Albertsons, which owns the lease where Top Value was located. Two large supermarket chains are blocking other grocers from coming in to those vacant storefronts in D.B., which is not fair to residents. She joined Mr. Merkel in his campaign and offered to have residents call her at 861-7651. Mr. Merkel stated his telephone number is 869-5950. He stated that Country Hills Towne Center tenants are very upset because their sales have declined by 30% since Ralph's closed. Other tenants have moved into the center on the promise that a grocery store was coming to the center. M/O'Connor stated that she met with Country Hills Towne Center tenants and with Ralph's and M&H Properties twice in the past six months. D.B.'s legislative subcommittee recommended that the City approach the State Legislature to encourage the passage of legislation to assist in this matter. There have been many discussions by Council regarding the Ralph's 10 - year lease. In addition, C/Herrera included this information in her letter - writing campaign last year. Any concerned citizen may call any Council Member to discuss their views. Council and staff have worked diligently to get a grocery store to locate at the site. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK - August 16, 2000 - (The Sevilles - Music of the 50's and 60's) - 6:30 p.m. - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. AUGUST 15,20W PAGE 5 CITY COUNCIL 5.2 DIAMOND BAR COMMUNITY FOUNDATION - August 17, 2000 - 7:00 p.m., SCAQMD Room CC -8,21865 E. Copley Dr. 5.3 DIAMOND BAR COMMUNITY COORDINATING COMMITTEE - August 21, 2000 - 7:00 p.m., SCAQMD Room CC -2,21865 E. Copley Dr. 5.4 CITY ON LINE COMMITTEE - August 22, 2000 - 6:00 P.M. - 8:00 p.m., SCAQMD Rooms CC -3&5,21865 E. Copley Dr. 5.5 PLANNING COMMISSION -August 22, 2000 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.6 CONCERTS IN THE PARK- August 23, 2000 -(The Fenians - Irish Quintet) - 6:30 p.m. - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.7 PARKS AND RECREATION COMMISSION -August 24, 2000 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.8 NIGHT AT THE QUAKES - August 30, 2000 - $10 per ticket - Meet at City Hall, 21660 E. Copley Drive at 5:15 p.m. Bus leaves City Hall at 5:30 p.m. Game time 7:15 p.m. 5.9 LABOR DAY HOLIDAY - September 4, 2000 - City Offices will be closed. Will reopen Tuesday, September 5, 2000. 5.10 CITY COUNCIL MEETING -September 5, 2000 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Drive. 6. CONSENT CALENDAR: C/Huff moved, C/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS MPT/Ansari 6.1 APPROVED VOUCHER REGISTER - dated August 15, 2000 in the amount of $367,171.58. (WO'Connor abstained from approval of the following items due to a potential conflict of interest relating to the Lanterman Forensic Expansion Project: P.O. 7923 for $41.38.) 6.2 APPROVED LOCAL LAW ENFORCEMENT SUPPLEMENTAL FUNDING - CITIZENS OPTION FOR PUBLIC SAFETY (COPS) AB3229 FUNDING FOR FY 2000-01 - reviewed the recommended AUGUST 15, 2000 PAGE 6 CITY COUNCIL use of funds as requested by Capt. Yim and approved the necessary budget adjustment for receipt and expenditure of grant funds. It is estimated that the City will receive funds in the amount of $129,000. 6.3 EXTENDED CONTRACTING SERVICES AGREEMENT WITH HULS ENVIRONMENTAL MANAGEMENT, LLC FOR INTEGRATED ENVIRONMENTAL MANAGEMENT SERVICES - (1) found that it is in the City's best interest to extend the existing contract and (2) approved and authorized the Mayor to extend the Consulting Services agreement with Huls Environmental Management in an amount not - to -exceed $69,650 for services relating to the administration of the City's Integrated Environmental Services Program, including administration of the solid waste system, coordination of AB 939 program activities, management of the City's used oil and litter reduction grants and implementation of the NPDES permit requirements. 7. PUBLIC HEARING: 7.1 PUBLIC HEARING: RESOLUTION NO. 89-97P: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL - The Political Reform Act requires every local government agency to adopt a conflict of interest code designating certain positions participating in making decisions, which may affect financial interests. In addition, local agencies are. required to conduct a review of its conflict of interest code biennially to determine if it is accurate or if the code must be amended. Upon review of the City's Code, it has been determined that several amendments are necessary to bring the Code into compliance. These changes include: Addition of Assistant Engineer and Associate Civil Engineer and removal of Associate Engineer, Deputy Director of Public Works, Senior Accountant and Treasurer. WO'Connor opened the Public Hearing. There being no testimony offered, M/O'Connor closed the Public Hearing. C/Herrera moved, C/Chang seconded, to adopt Resolution No. 89- 97P adding the positions of Assistant Engineer and Associate Civil Engineer and removing Associate Engineer, Deputy Director of Public Works, Senior Accountant and Treasurer. Motion carried by the following Roll Call vote: AUGUST 15, 2000 PAGE 7 CITY COUNCIL AYES: COUNCIL MEMBERS - Chang, Herrera, Huff,M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT COUNCIL MEMBERS - MPT/Ansari 7.2 PUBLIC HEARING - LOCAL LAW ENFORCEMENT BLOCK GRANT - LLEBG FUNDING FOR FISCAL YEAR 1999-2000 - The omnibus FY 1999 Appropriations Act, Public Law 105-277, provides for the implementation of the LLEBG Program. The purpose of the LLEBG Program is to provide units of local government with funds to underwrite projects to reduce crime and improve public safety. The public hearing is for LLEBG funds for fiscal year 1999-2000. For FY 1999-2000, the City will receive $65,026 and is obligated to match $7,225. As requested by Capt. Alexander R. Yim of the Walnut/ Diamond Bar Sheriffs Station, the LLEBG funds will be utilized for the Diamond Bar Special Programs Unit/High Impact Team Deputy. An advisory board has reviewed the proposed use of funds and concurs with the recommendation of Capt. Yim. Prior to the obligation of funds, a public hearing is required. M/O'Connor opened the Public Hearing. There being no testimony offered, M/O'Connor closed the Public Hearing. C/Herrera moved, C/Chang seconded, to approve the recommended use of funds as required by the Walnut/D.B. Sheriffs Station. The City will receive $65,026 for FY 99-00 and is required to match $7,225. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - MPT/Ansari 8. OLD BUSINESS: 8.1 AWARD OF CONTRACT TO WASTE MANAGEMENT OF SAN GABRIEUPOMONA VALLEY, INC. FOR REFUSE COLLECTION, TRANSPORTATION, DISPOSAL AND RECYCLING FOR THE RESIDENTIAL SECTOR - The staff report addressed the Agreement recently negotiated with USA Waste of California, Inc. dba Waste Management of San Gabriel/Pomona Valleys ("contractor") for exclusive collection of refuse from the residential sector. The Agreement covered all barrel -served accounts, and any temporary roll -off box and bin service, associated with that sector. The AUGUST 15, 2000 PAGE 8 CITY COUNCIL Agreement was negotiated based on direction given by Council at its meetings of June 6 and August 1, 2000. Council requested that staff negotiate with the Contractor to come to a 10 -year agreement on provision of services for the residential sector. Continued from August 1, 2000. Presentations by DPW/Liu and Consultant J. Michael Huls. Ray Anderson thanked Council for selecting Waste Management as the City's residential hauler and recycler. He introduced Angel Santiago, Municipal Marketing Manager and Ralph Nunez, Municipal Marketing Manager for the San Gabriel Valley. He thanked City staff for their diligence and hard work on bringing together a document that meets all parties' expectations. Addressing concerns about customer service, Mr. Anderson stated that T1 lines have been put into place and are fully operational, which gives the company 72 trunk lines for a significant redundancy in the system with regard to service calls that come into the Customer Service Center. In addition, Waste Management now has 14 full time CSRs and four temp -to -perm positions that will be fully staffed by the end of August. Waste Management is expanding its facility in the Baldwin Park area to increase in-house and operational service base capabilities. He asked Council to look at the new facility and plans for early spring. Temporary trailers will be set up on-site to house the customer service center and there will be no interruption in service during construction. He explained the proposed rollout program. C/Huff asked staff to place the rollout procedure on the City's web site. M/O'Connor asked Council Members to have their suggestions to staff regarding the rollout program educational and informational materials by Friday. Mr. Anderson confirmed to M/O'Connor that the brochure would be printed in multi-lingual versions. Don Gravdahl said he did not see any provision in the contract for homeowners to purchase a trash cart in order to reduce their monthly fee. M/O'Connor responded that the contract would be modified accordingly. C/Chang moved, C/Huff seconded, to approve and authorize the Mayor to execute, a 10 -year Agreement (8/15/00 through 8/15/10) with USA Waste of California, Inc. dba Waste Management of San AUGUST 15, 2000 PAGE 9 CITY COUNCIL Gabriel/Pomona Valley, to provide exclusive refuse collection, transportation, disposal and recycling services for the residential sector within the City, subject to Council and staff amendments. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - MPT/Ansari 8.2 AWARD OF CONTRACT TO VALLEY VISTA SERVICES, INC. FOR REFUSE COLLECTION, TRANSPORTATION, DISPOSAL AND RECYCLING FOR THE NON-RESIDENTIAL SECTOR - The staff report addresses the Agreement recently negotiated with Valley Vista Services, Inc. ("Contractor"), for exclusive collection of refuse from all non-residential sector generators. The Agreement covers all bin - served accounts and temporary roll -off box services, including residential units that use bins. The Agreement was negotiated based on direction given by Council at its meeting of June 6, 2000 and August 1, 2000. Council requested that staff negotiate with the Contractor for a 10 -year agreement on provision of services for the non-residential sector. Continued from August 1, 2000. David Perez, Valley Vista Services, explained that because the commercial business is vastly different from the residential sector, customer representatives will visit all businesses to develop customized recycling and other needs programs. He presented Council with a proposed implementation schedule. It is anticipated that the rollout will be completed by September 30 (approximately 55 bins). M/O'Connor moved, C/Chang seconded, to approve and authorize the Mayor to execute a ten-year Agreement (8/15/00 through 8/15/10) with Valley Vista Services, Inc. to provide exclusive refuse collection, transportation, disposal and recycling services for the non-residential sector within the City. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - MPT/Ansari 8.3 CITY COUNCIL GOALS AND OBJECTIVES - Council held Study Sessions on May 2, 2000 and June 6, 2000 to discuss Goals and Objectives for FY 2000-01. Goals and their various subsections were rated and ranked. At its August 1, 2000 Study Session, Council AUGUST 15, 2000 PAGE 10 CITY COUNCIL finalized the list of Goals and Objectives for FY 2000-01. The final list is comprised of 26 goals and subsections of those goals. M/O'Connor pointed out that Council goals and objectives result from input by residents. C/Herrera moved, C/Huff seconded, to accept the Goals and Objectives for FY 2000-01. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - MPT/Ansari 9. NEW BUSINESS: 9.1 RESOLUTION NO. 2000-50: A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR -At its June 20 meeting, Council approved the FY 2000-01 Municipal Budget. General Fund Appropriations included estimated costs for the CALPERS 2% 0 55 Full Formula (Section 21354) Retirement Benefit. In order to amend the current contract to provide Section 21354, CALPERS requires a series of agency actions. Adoption of Resolution No. 2000-50 is the first required agency action. C/Herrera moved, C/Chang seconded, to adopt Resolution No. 2000- 50, Resolution of Intention to Approve an Amendment to Contract between the Board of Administration California Public Employees' Retirement System and the City Council authorized the City Clerk to execute Certification of Governing Body's Action (PERS-CON-12). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - MPT/Ansari 9.2 FIRST READING OF ORDINANCE NO. 06(2000): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF DIAMOND BAR AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' AUGUST 15, 2000 PAGE 11 CITY COUNCIL RETIREMENT SYSTEM (CALPERS) - At its June 20 meeting, Council was presented with the FY 2000-01 Municipal Budget Overview. Included in the overview were personnel recommendations including a contract amendment for the CALPERS 2% @ 55 Full Formula (Section 21354) Retirement Benefit. The Budget document presented included appropriations for the estimated cost associated with CALPERS contract amendment. At its June 20, 2000 meeting, Council adopted the FY 2000-01 Municipal Budget including the CALPERS contract amendment to include Section 21354. In order to amend the current contract to provide 21354, CALPERS requires a series of agency actions. Adoption of Ordinance No. 06(2000) is the next required agency action. C/Herrera moved, C/Huff seconded, to introduce Ordinance No. 06(2000) authorizing an amendment to the contract with the Board of Administration California Public Employees' Retirement System and the City Council of the City of D.B. and authorize the City Clerk to execute CON -12A, Certification of Compliance with Government Code Section 7507. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - MPT/Ansari 9.3 Continued to September 5, 2000 - FIRST READING OF ORDINANCE NO. 0X(2000): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF A NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE - The California Regional Water Quality Control Board - Los Angeles Region (Regional Board) approved the final version of the Standard Urban Storm Water Mitigation Plans (SUSMPs) on January 26, 2000. The SUSMPs must be implemented by all L.A. County storm water co -permittees, including the City, to take effect by October 8, 2000 or face a fine of $10,000 per day. Council passed Resolution No. 2000-12 on February 15, 2000, supporting a petition to the State Water Resources Control Board (SWRCB) contesting the Regional Board's action on the SUSMPs. That petition is under consideration by the SWRCB. In the meantime, the City must implement the SUSMPs; and this ordinance establishes the means to do so. If, in the future the SWRCB addresses the City's concerns adequately, the Municipal AUGUST 15, 2000 PAGE 12 CITY COUNCIL Code could be modified. The specific modifications to the Municipal Code are described in the report. Recommended Action: It is recommended that the City Council approve first reading by title only, waive full reading of Ordinance No. 0X(2000) amending the Storm Water and Urban Runoff Pollution Control Ordinance to Provide Storm Water Pollution Control for Planning and Construction of new Development and Redevelopment Projects and Amending the Diamond Bar Municipal Code. RECESS TO REDEVELOPMENT AGENCY: M/O'Connor recessed the City Council meeting to the Redevelopment Agency meeting at 8:49 p.m. RECONVENE CITY COUNCIL MEETING: WO'Connor reconvened the City Council meeting at 9:06 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS: C/Chang spoke about the success of the skateboard park. The Council is concerned about young children not using their safety equipment and he encouraged parents to make certain their children are adequately protected. There are two concerts left in the Concerts in the Park series. Please bring your family and take advantage of this free entertainment. C/Herrera stated that, earlier this evening, a private citizen spoke about efforts he is putting forth to bring a grocer to Country Hills Towne Center. Due to citizens' efforts last year, Ralph's agreed to lease the space and assigned an individual to look for other companies to occupy the space. It is difficult to determine whether M&H Properties or Ralph's is at fault for not moving forward. At any rate, it comes down to business decisions that are being made at the expense of the residents of D.B. and she believed the public should be aware of the fact that these businesses (M&H Properties, Ralph's and Albertsons) are not being good corporate neighbors and that they are not making business decisions that benefit the residents. She believed it is time that citizens ban together to take more aggressive action in this matter. C/Huff stated that on August 3, he, M/O'Connor and staff members interviewed six architectural firms in anticipation of designing the CiviclCommunity/Senior Center. That evening, the City held its first Industry East Advisory Committee meeting. Many of the ideas raised by the committee have been addressed by the City of Industry and Majestic Realty. He reminded residents about the City Online Technical Advisory Committee meeting on Tuesday, August 22. The City is looking to reinvent what City Online is and the committee would like residents to provide their input. The City has a web site (diamondbaronline.com) that will be promoted more in the future and is being tailored for more community dialogue. He spoke AUGUST 15, 2000 PAGE 13 CITY COUNCIL about the L.A. County Fair lapel pin that was given to him by Willy White, Pomona Councilman. The Fair is being held September 14 through October 1 in Pomona. WO'Connor announced the "City of Diamond Bar Day" at the Pomona Fair. The City is looking for community heroes to be recognized during the event. Please submit names and a brief description of why you believe the person is a community hero to the City as soon as possible. The interview process for the Civic/Community Center was a very interesting process. The proposals were reviewed without looking at proposed costs. She anticipated that staffs recommendation would be presented at the September 5 Council meeting. On August 5, she attended the Irwindale Speedway Mayor's Cup. Arcadia was the first winner of this annual event. On Tuesday, she attended the Walnut Valley Rotary Club's breakfast meeting during which the organization presented 300 pairs of shoes to two organizations to distribute to children. She encouraged businesses to participate in this program. Also on August 8 she met with Mayor Winn of the City of Industry to discuss matters of mutual concern including the Industry East Project. Based upon discussions with Mayor Winn and Majestic Realty, the construction company appears to be receptive to comments, questions and concerns of D.B. and its residents. In response to overflow parking on Washington Street from the Metrolink Station located on Brea Canyon Rd., the City of Industry has temporarily removed the red curbing on Brea Canyon Rd. adjacent to the parking lot to accommodate an additional 65 automobiles. The Industry East Project will incorporate a 400 parking space addition to the 700 parking spaces at the Metrolink Station. She attended the D.B. Rotary meeting on August 8 and presented the organization with an update on the City and its business. On August 10 she hosted the Mayor of LongKou, China who was in D.B. visiting a resident. Yesterday she participated in the Walnut Educational Foundation Golf Tournament. C/Herrera is President of the organization, which raises funds to distribute among Walnut schools. She congratulated C/Herrera and her husband on the occasion of their 3e wedding anniversary, which they celebrated by participating in the golf tournament. She asked for the public's participation and indulgence in converting to a new waste hauling system. The City's skate park has been open for one month and it is very uplifting to see the large number of people who participate throughout the day. She emphasized that for their safety, all skaters must wear their safety equipment. She called on parents to help instruct their children on the proper use of the safety equipment and to insist that it be worn at all times. Parents must wear safety equipment as well. She is discouraged that the youth have a negative attitude toward the Sheriffs Department when they attempt to enforce the code, and that they have made a game out of non-compliance. It would be much easier for all involved if the participants would comply with the law and use the facility as it wasintended to be used. She would prefer that the City not have to take drastic measures to insure compliance. Bicycles and scooters are not AUGUST 15, 2000 PAGE 14 CITY COUNCIL allowed in the skate board park and motorized skate boards are not allowed in the park in general. ADJOURNMENT: There being no further business to conduct, WO'Connor adjourned the meeting at 9:30 p.m. expressing encouragement to Planning Commissioner George Kuo whose daughter had emergency surgery today. She wished her a full and speedy recovery. ATTEST: Mayor LY DA BURGESS, City Clerk