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HomeMy WebLinkAbout1/8/2002 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION JANUARY 8, 2002 CALL TO ORDER: Mayor Chang called the Study Session to order at 5:36 p.m. in Room CC -8 of the SCAQMD/Government Center, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Council Members Herrera, Huff, Zirbes, Mayor Pro Tem O'Connor, Mayor Chang. Also present were: Linda. Lowry; City Manager; Mike Jenkins; City Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; Lt. Walker; Ann Lungu, Associate Planner; Linda Smith, Development Services Assistant; Sharon Gomez, Development Services Assistant; Kirk Phillips, Associate Engineer; Teresa Arevalo, Senior Administrative Assistant and Todd Strojny, Senior Administrative Assistant. 2. DISCUSSION OF A PARKING RESOLUTION FOR STREET SWEEPING AND TRASH COLLECTION SERVICES - Staff report presented by DPW/Liu. ' MPT/O'Connor took exception to the projected revenue amount of $63,000 per year. She felt that once people began receiving tickets for illegally parking, they would not take that same kind of risk again. DPW/Liu said the projections are based upon 60% of the parked vehicles being visitors to the City and 40% attributed to residents. MPT/O'Connor asked how the City would be able to accommodate multi- family residents who rely upon street parking. DPW/Liu indicated that staff would work with the street sweeping contractor to resolve that issue. The overall intent is to address the residential neighborhoods. C/Zirbes felt that there would be a great deal of conflict in the residential areas as well. He believed most cities allowed parking on one or the other side of the street on street sweeping days. He asked why the City would not have its own equipment and staff person to perform this task. DPW/Liu explained that the cost of the equipment and the high cost of maintenance as well as the cost of a staff person would be prohibitive. ' Although it is an option, it appears to be much more cost effective to hire a contractor. C/Zirbes said that he inquired about the cost to lease such equipment and found that it would be approximately $31,000 per year over five years with JANUARY 8, 2002 PAGE 2 CC STUDY SESSION a dollar buyout at the end of a lease. Ontario pays a staff person $13-15 dollars per hour, which totals $60-65,000. An adequate educational system for the City may override the necessity to provide street signs throughout the City. If staff is projecting a budget of $130,000 per year, it seems that it would be a viable option for the City to consider obtaining equipment and a staff person and have the streets swept on a regular basis. CA/Jenkins said that he would be concerned that if the City went into the street sweeping business, it could lead to solid waste hauling exposure and the City would have to obtain certain permits and licenses in order to transport and dispose of solid waste materials. In addition, the City would probably have to obtain more specialized and expensive insurance to comply with the federal laws pertaining to the disposal of hazardous and solid waste materials. This is what the City avoids by hiring a contractor to take care of that mess. C/Herrera cautioned that if the City failed to put up signs prohibiting street parking, it would miss the opportunity to get rid of inoperable vehicles, etc. DPW/Liu responded to C/Herrera that the $23,000 difference in the proposal considers worst case scenario with respect to posting of street signs. C/Herrera advocated using light poles for signage where feasible to reduce the cost. C/Huff liked using light poles where possible. He proposed a kick- off campaign using yellow or orange cones with temporary signs to alert residents. He was concerned about a blanket restriction of parking on the street. Due to vehicular congestion, it would be better to clean one side of the street on alternate days to insure legal parking. He asked if staff is proposing trash pickup and street cleaning on the same day. DPW/Liu said that staff is considering same day pickup. Both waste hauler contractors have indicated they will work with the City to implement the best possible solution. If, however, both activities are performed on the same day there will be a parking prohibition on both sides of the street. It may make more sense to conduct street sweeping on the day following trash pickup. He further explained that coverage is delayed following holidays. M/Chang explained that the first year D.B. would spend approximately $340,000 including $150,000 maximum for JANUARY 8, 2002 PAGE 3 CC STUDY SESSION installation of signs. Thereafter, about $157,000 would cover the cost for street sweeping and a CSO. He did not believe the City could count on receiving $63,000 in revenue per year for parking violations in connection with street sweeping. CA/Jenkins responded to MPT/O'Connor that vehicles could be towed if the practice is declared Citywide. C/Zirbes asked what financial incentives are available at this time as opposed to continuing with the current practice in light of impending storm water runoff regulations. DPW/Liu indicated that approximately 31 curb miles are not being swept, so 10% of the cost is going down the drain. C/Zirbes liked the concept. He recommended working with the street cleaning service to determine a route where one side of the street would be swept and then people could be given a window of opportunity — three hours or so — to move their vehicles to the other side of the street. DPW/Liu said that based on input from the street sweeper and other cities, ' single side street sweeping requires special signage and other special consideration. In addition, enforcement becomes a nightmare. Unless there is a high concentration of vehicles it is best not to engage in alternate side sweeping. C/Herrera said she would prefer that this matter not be sent to the Traffic & Transportation Commission. This has been a discussion of long- standing and she would rather the Council make a decision over the next couple of regular meetings and move forward to implementation. Clyde Hennessee believed regulating street sweeping was a way for the City to get revenue and get cars off the streets. He was opposed to the concept. Brian believed that not allowing people to park in front of their own homes was a bad idea. He did not believe there was a problem in the City. C/Herrera moved, C/Zirbes seconded to direct staff to prepare a more explicit plan including specific rules and regulations and how infractions will be addressed. C/Huff believed the proposal should be sent to the Traffic & Transportation ' Commission. C/Zirbes preferred minimum signage. He agreed with C/Herrera that the matter should be reviewed by the City Council in full public view. JANUARY 8, 2002 PAGE 4 CC STUDY SESSION Motion carried 4-1 with C/Huff voting No. 4. ADJOURNMENT: M/Chang adjourned the Study Session at 6:33 p.m. LYNDA BURGESS, Coity Clerk ATTEST: Wen Chang, Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 8, 2002 STUDY SESSION: 5:36 p.m., CC -8 Discussion of a Parking Resolution for Street Sweeping and Trash Collection Services ROLL CALL: Council Members Herrera, Huff, Zirbes, Mayor Pro Tem O'Connor, Mayor Chang. Also present were: Linda Lowry; City Manager; Mike Jenkins; City Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; Lt. Walker; Linda Smith, Development Services Assistant; Sharon Gomez, Development Services Assistant; Kirk Phillips, Associate Engineer; Teresa Arevalo, Senior Administrative Assistant; Todd Strojny, Senior Administrative Assistant and Ann Lungu, Associate Planner. 1. CLOSED SESSION: None 2. CALL TO ORDER: M/Chang called the meeting to order at 6:43 p.m. in the South Coast Air Quality Management District /Government Center Building Auditorium, 21865 E. Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: H.K. "Speed Klinzing led the Pledge of Allegiance. ROLL CALL: Council Members Herrera, Huff, Zirbes, Mayor Pro Tem O'Connor, Mayor Chang Also Present were: Linda Lowry; City Manager; Mike Jenkins; City Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: CM/Lowry asked that staff's recommendation for Consent Calendar Item 6.6 be amended to non -approval. Staff further recommends that the prohibition for use of aliases and pseudonyms under Item 6.7 be eliminated and that the remaining prohibitions be renumbered accordingly. I 3A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None 3B. CITY MANAGER REPORTS AND RECOMMENDATIONS: JANUARY" 8, 2002 PAGE 2 CITY COUNCIL 4. 4.a PUBLIC COMMENTS: Allen Wilson complained that because Adelphia changed their channel lineup, C -Span can only be viewed between the hours of 8 a.m. to 5 p.m. People who are employed out of their homes cannot view the program at all now. He suggested putting pressure on Adelphia to again provide C -Span on a 24-hour basis. Clyde Hennessee expressed his thoughts on world affairs. Sue Sisk commented on the campaign hit piece that was circulated just prior to the November 6 election. She suggested that staff contact the City of Laverne to determine how they enforce their skate park rules. D.B. needs to improve code enforcement in general and get cars off the streets so that street sweeping can become more effective. She reported on the status of the Lanterman expansion project. 4.b RESPONSE TO PUBLIC COMMENT: CM/Lowry reported that construction commences at the skate park in 10 days. An ordinance will be presented to Council on January 29. If Council approves a second reading on February 5, the fencing and new rules will be in effect. The reason the City of Laverne may have better enforcement at their skate park is because the police department is located close to the facility. Staff is currently reviewing code enforcement procedures. Council has created a subcommittee that met this week. Mr. DeStefano is always available to Ms. Sisk for review of the City's procedures regarding code enforcement. CM/Lowry stated that she was not familiar with complaints about the Conservation Corps; however, staff will follow up on this issue with Lanterman if the information is provided to the City. 5. SCHEDULE OF FUTURE EVENTS: 5.1 HOLIDAY TREE COLLECTION — December 26 through January 11, 2002. 5.2 PLANNING COMMISSION MEETING — January 8, 2002 — 7:00 p.m., SCAOMD/Government Center Hearing Board Room, 21865 E. Copley Dr. 5.3 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — January 10, 2002 — 7:00 p.m., SCAOMD/Government Center Hearing Board Room, 21865 E. Copley Dr. JANUARY 8, 2002 PAGE 3 CITY COUNCIL 5.4 CITY COUNCIL STUDY SESSION (Community/Senior Center) — January 15, 2002 — 5:30 p.m. SCAQMD/Government Center Room CC -8, 21865 E. Copley Dr. 5.5 MAYOR'S BREAKFAST (STATE OF THE CITY ADDRESS) — January 17, 2002 — 7:30 a.m., St. Denis Catholic Church. 5.6 PLANNING COMMISSION MEETING — January 22, 2002 — 7:00 p.m., SCAMD/Government Center Auditorium, 21865 E. Copley Dr. 5.7 PARKS AND RECREATION COMMISSION MEETING — January 24, 2002 — 7:00 p.m., SCAQMD/Government Center Hearing Board Room, 21865 E. Copley Dr. 5.8 RESCHEDULED REGULAR CITY COUNCIL MEETING — January 29, 2002 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by C/Huff, seconded by C/Zirbes to approve the Consent Calendar, with the exception of Items No.6.6 and 6.8. ' Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 RECEIVED & FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of November 15, 2001. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of November 13, 2001. 6.2.2 Regular Meeting of November 27, 2001. 6.3 APPROVED VOUCHER REGISTER — dated January 8, 2002 in the amount of $953,731.15. MPT/O'Connor abstained from P.O. 11245 in the amount of $1,077.25 due to a potential conflict of interest relating to the Lanterman Forensic Expansion Project. 6.4 APPROVED TREASURER'S STATEMENT— November 2001. 6.5 APPROVED NOTICES OF COMPLETION: JANUARY 8, 2002 PAGE 4 CITY COUNCIL 6.5.1 Golden Springs Dr. Street Improvements from Torito Ln. to Temple Ave. - Accepted the work performed by Mobassaly Engineering, Inc. and authorized the City Clerk to file the Notice of Completion. 6.5.2 Traffic Signal Improvements at the Intersections of Golden Spgs. Dr./Lemon Ave., Diamond Bar Blvd./Sunset Crossing Rd., Gateway Center Dr./Valley Vista Dr. and Bridge Gate Dr./Lot 16 - Accepted the work performed by Macadee Electrical Construction and authorized the City Clerk to file the Notice of Completion. 6.7 APPROVED REVISIONS TO CODE OF CONDUCT FOR "DIAMOND BAR ON-LINE." 6.5 ADOPTED RESOLUTION NO. 2002-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING PROPOSITION 42, THE TRANSPORTATION CONGESTION IMPROVEMENT ACT, ON THE MARCH 5, 2002 STATEWIDE BALLOT. 10ATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.6 RESOLUTION NO. 2002 -OX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE FILING OF A PETITION TO THE STATE WATER RESOURCES CONTROL BOARD CONTESTING ACTIONS TAKEN BY THE REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION, IN CONNECTION WITH THE STORM WATER/URBAN RUNOFF PERMIT FOR THE COUNTY OF LOS ANGELES AND THE INCORPORATED CITIES THEREON (NPDES NO. CAS004001). Moved by C/Herrera, seconded by C/Huff to adopt Resolution No. 2002- 01. Motion amended by MPT/O'Connor to direct staff to bring the matter back at the next City Council meeting for further consideration. Amendment accepted by C/Herrera and C/Huff. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.8 REVISIONS TO THE BYLAWS FOR THE DIAMOND BAR COMMUNITY FOUNDATION ALLOWING FOR AN INCREASE IN JANUARY 8, 2002 PAGE 5 CITY COUNCIL ' THE NUMBER OF APPOINTMENTS TO ITS BOARD OF DIRECTORS. Moved by C/Herrera, seconded by MPT/O'Connor to increase the number of Board Members to 15 and amend Section 5.03 (c) and (d) to remove limitations on the number of terms that can be served. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: 7.1 CONTINUED PUBLIC HEARING DEVELOPMENT CODE AMENDMENT NO. 2001-02 PERTAINING TO FREEWAY ORIENTED SIGNS WITHIN THE C-3 ZONE (Continued from December 17, 2001). M/Chang opened the Public Hearing. Martha Bruske believed that before the City nullifies any ordinance, it should enforce and support current ordinances. She felt there is a lack of balance between what the Council believes it owes to businesses and what it owes to residents. She asked Council to deny the variance. Clyde Hennessee supported the ordinance. George Selzer, Electro Vision Advertising, asked that the applicant be allowed to increase the monument sign to 12 feet. There being no further testimony offered, M/Chang closed the Public Hearing. C/Herrera and C/Huff explained why it is fiscally important and responsible for D.B. to support its businesses. In addition, the General Plan `s Mission Statement specifically refers to promoting "viable commercial activity" in D.B. C/Zirbes explained that the Planning Commission spent a great deal of thoughtful time on this issue. While he was not in favor of the 12 ft. sign, the fact that the business is on the City of Industry side of the ' freeway and that the business will lose two of their current signs, he supported the ordinance as crafted. MPT/O'Connor said she did not receive an answer to her question JANUARY 8, 2002 PAGE 6 CITY COUNCIL about the impact of reader boards on CalTrans accident statistics as well as proof that reader boards provide additional revenue to businesses. She was opposed to the electronic reader board. She was, however, in favor of improved signage for businesses. Further, she was uncomfortable with the potential impact to adjacent residences. M/Chang said that while D.B. is a bedroom community, it is also a business -friendly community. 85% of the City's tax revenue is generated by three local businesses. Sales tax revenue provides about $2,000,000 in income to D.B. Quality businesses are essential to providing community services in D.B. without raising property owner taxes. Everyone is concerned about placing electronic reader boards in this City. However, this location is remote from residences and close to a major freeway. Moved by C/Herrera, seconded by C/Huff to approve first reading of Ordinance No. 01 (2002) approving Development Code Amendment No. 2001-02, waive full reading and re-insert Subsection 8 permitting monument signs at a maximum height of 12 ft. Motion carried by the following Roll Call vote: (MPT/O'Connor asked that the record reflect her abstention from approval of Section 7 of the Ordinance dealing with electronic reader boards). AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7.1 PUBLIC HEARING — COL -AM PROPERTIES, LLC (DIAMOND BAR HONDA) APPEAL OF THE PLANNING COMMISSION'S DECISION ON CONDITIONAL USE PERMIT NO. 2001-06 AND COMPREHENSIVE SIGN PROGRAM NO. 2000-02. M/Chang opened the Public Hearing. George Selzer responded to C/Huff that although D.B. Honda would prefer to have the reader board hours be from 5:00 a.m. to 12 midnight, they would agree to the proposed hours of 5:00 a.m. to 10:00 p.m. His recommendation would be 5:00 a.m. to 11:00 p.m. Normally, cities are given about 5% of reader board time for their announcements — in this case, the City will be provided 10% of the time if the hours of operation are 5:00 a.m. to 10:00 p.m. JANUARY 8, 2002 PAGE 7 CITY COUNCIL Matt Tachdjian said that with respect to completing the prior project (car wash, gas station, parking, etc.), he is currently in litigation with the former architect. Yesterday, the contractor was given information to allow him to properly bid the project. No one is more anxious to complete this project than he. In response to C/Zirbes, Mr. Tachdjian stated that if he removed the corporate sign prior to activation of the reader board, he would be in violation of his franchise agreement. Clyde Hennessee favored the proposal. There being no further testimony offered, M/Chang closed the Public Hearing. C/Herrera moved, C/Zirbes seconded to direct staff to prepare a resolution of approval to provide reader board hours of operation between 5:00 a.m. and 10:00 p.m.; direct that City use be distributed between those hours, and that the new sign not be activated until current signs are removed. MPT/O'Connor reiterated her support of the business and disapproval of the electronic reader board. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. OLD BUSINESS: None 9. NEW BUSINESS: None 10. COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COMMENTS: C/Herrera reported that the director of Lanterman insists that the Conservation Corps does not accept youths that are on probation or who have committed crimes, and that the Corps makes a best effort to keep the youth busy. The ' youth are 18 years of age and are not supervised 24 hours per day. The director encourages residents who have a problem to call him. As the state is continuing forward with their new plans for the Lanterman severe behavioral program, there is a meeting scheduled for February 7. In addition, the State JANUARY 8, 2002 PAGE 8 CITY COUNCIL has decided to do a full environmental impact report and project. DCM/DeStefano stated that on December 14, 2001 the State approved the freestanding facility modifications. C/Herrera continued that at the meeting of February 7, the State will announce the dates for the public hearing. The February 7 meeting will be held in the senior center at the City of Walnut on La Puente Road at 7:00 p.m. She reported on her attendance at the League of California Cities conference on December 18, 2001 and in particular, the session on combating terrorism at the city level. She recommended a public awareness town hall meeting be held, locally with participation from responsible agencies. C/Huff said that on Saturday, he attended President Bush's speech in Ontario. He thanked Congressman Miller for securing tickets for the event. He was delighted to hear that the federal government allocated $2,000,000 to CalPoly and Foothill Transit to rebuild the streets at CalPoly to accommodate public transit. C/Zirbes reported that at its last meeting, Council established a Neighborhood Improvement Committee, which held its first meeting last night. Four major areas of concern regarding code enforcement issues were identified. The next meeting is slated for January 18. He welcomed Planning Commissioner Dan Nolan. He encouraged everyone to attend the annual Adelphia blood drive at D.B. High School this Friday from 1:00 to 7:00 p.m. The drive will be televised live on Channel 12. MPT/O'Connor said that she was able to spend time with her family and take a trip during the holidays. On December 21, she attended the sanitation district meeting and asked staff to review the Puente Hills landfill EIR. There will be a public hearing at the next meeting. She and C/Zirbes judged Christmas lights in the homeowners association adjacent to Ronald Reagan Park. She was impressed with decorations and lighting in the shape of the World Trade Center buildings provided by a homeowner on Evergreen Springs Dr. The Sheriff's Department sponsored a seat belt and insurance safety checkpoint. On January 3, she and C/Huff participated in the finance committee meeting. She also attended the President's speech in Ontario. She thanked DPW/Liu for the ten -second extension of the left turn signal, at D.B. Blvd. and Gold Rush Dr. She thanked the Sheriff's Department for their diligence at the crosswalk adjacent to Lorbeer Middle School. She has been very concerned about the safety of the students in that area. M/Chang said he and his immediate family enjoyed a holiday trip to Taiwan for a family reunion. He attended the Asian Pacific Family sponsored dinner. The Asian Pacific Family is a non-profit state agency whose main function is JANUARY 8, 2002 PAGE 9 CITY COUNCIL ' to help Asian families gain better access and education. The family - strengthening project lasts 13 weeks. He also attended the first Neighborhood Community Committee meeting. He invited residents to give the committee their input. He wished everyone a healthy, happy and prosperous 2002. 11. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the meeting at 9:25 p.m. ATTEST: Wen Chang, Mayor F�� LYNDA BURGESS, City Clerk