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