HomeMy WebLinkAbout8/6/2002 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
AUGUST 6, 2002
STUDY SESSION: Mayor Chang called the Study Session to
at 6:10 p.m. in the SCAQMDIGovernment Center, Room CC -8.
1) Presentation Regarding Aera Energy Project
2) Discussion regarding Contents of Library Survey
Present: Council Members Herrera, Zirbes, Mayor Pro
Tem O'Connor and Mayor Chang. Council Member Huff arrived at 6:00 p.m.
Also present were: Linda Lowry, City Manager; Mike Jenkins, City
Attorney; James DeStefano, Deputy City Manager; David Doyle; Deputy Ci y
Manager; David Liu, Public Works Director; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director; Tommye Cribbins, Assistant Ciy
Clerk; Sr. Administrative Assistant; Todd Strojny, and April Blakey, Publ c
Information Manager.
1. Presentation Regarding Aera Energy Project — Bruce Hurst an
George Basye with Aera Energy, LLC made a PowerPoint presentatie
regarding their proposed master development plan. The plan includE
open space, connections for the wildlife corridor, 100 homes, golf cours
fairways and sports complex. The entire project surrounds both sides c
the 57 freeway and includes both LA and Orange Counties. The 10
homes proposed will be housed on 300 acres south of the D.B. City limil
and inside the City's sphere of influence.
ClHerrera asked what the public reaction has been to the propos
project.
Mr. Basye responded that the primary issues of concern relate to traff
and biology. Traffic solutions will be determined by the studies that hav
not yet been conducted. The Environmental Impact will analyze a numb(
of different project alternatives. In the meantime, Aera is attempting 1
produce one environmental report document with the two counties workin
together and to create a comprehensive specific plan for the entire projec
The phasing of the project will be determined through ongoing studies wit
regard to infrastructure.
Responding to MPT/O'Connor, Mr. Basye indicated that Aera would
pleased to arrange a tour for anyone who is interested.
2. Discussion regarding Contents of Library Survey — DCM/D
distributed a draft of a 400 -call phone survey to gather voter c
regarding the prospect of constructing and operating a new library.
In reply to ClHerrera, DCMIDoyle indicated that Question #23 will
revised.
AUGUST 6, 2002 PAGE 2 CC STUDY SESSION
In response to MPT/O'Connor, DOM/Doyle said that not all of the
survey questions were necessary for the Library Bond Act
purposes.
MPT/O'Connor saw no reason for the first question and asked staff
to find out the purpose of that particular question.
CIHuff thought it might be prudent to gauge the census of the
community regarding slope maintenance during this survey.
CM/Lowry reported that another city that is doing a library project at
this time and has applied for the bonds put the matter on the ballot
so that in the event they do not get the bond money they would not
build the library. Is that the type of condition this Council is
interested in placing on this project?
CIHuff thought that concept was valid. If you force people to be
decisive they will have to be realistic in their response.
CM/Lowry pointed out that the survey should create a scenario of
options in order to get a better feel from the community about what
they are willing to do.
CIHuff said that a survey could reveal whether the community is
willing to pay $70 per parcel for a swimming pool at which point the
Council would have to decide whether it was willing to scrap the
library plan and build a swimming pool.
MlChang did not want open-ended questions that might lead to
consideration of other items at the cost of a library.
DCMIDoyle indicated to ClHerrera that the maximum survey time is
18 minutes with a typical time ranging between 12 and 18 minutes.
ClHerrera agreed with CIHuff that too many options would confuse
the issue. The Council wants to know if the community is willing to
financially support a library and to what degree — 100% of the cost,
50% of the cost, annual maintenance, etc.
MlChang felt the City could absorb the $6,000,000 cost to build the
library. The question is whether the community would be willing to
pay for ongoing costs to operate the facility.
CIHuff would like to have an answer to all of the questions but he
felt it would be confusing to include all of the items in the survey.
AUGUST 6, 2002 PAGE 3 CC STUDY SESSIO
CM/Lowry asked Council to tell staff what it wants to do so that the su
can be properly directed.
C/Herrera would like the community to assist with funding to build th
facility.
C/Zirbes would like to know if the community actually wants a library. If
the survey reveals that the majority believes the current facility is larg
enough, there is no need to go further.
The Council concurred with the following:
1) No questions regarding other public facilities will be included in th
survey.
2) Agree to use the City's General Fund to build the library (creating
community partnership) and condition the building of the fibra
upon the passage of the maintenance bond.
MPT/O'Connor asked to have the survey consultant present for the ne)
study session.
ADJOURNMENT: There being no further business to conduct, M/Chan
adjourned the study session at 6:38 p.m.
TOMMYE CRIBBINS, Asst.
Mayor Wen Chang
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
AUGUST 6, 2002
STUDY SESSION: Mayor Chang called the Study Session to o
at 5:10 p.m. in the SCAQMD/Government Center, Room CC -8, 28165 E. Co
Drive, Diamond Bar, CA.
Present: Mayor Chang, Mayor Pro Tem O'Connor
Council members Herrera and Zirbes. Council Member Huff arrived at 6:00 p.
Also present were: Linda Lowry, .City Manager; Mike Jenkins, 1
Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy I
Manager; David Liu, Public Works Director; Bob Rose, Community Servi
Director; Tommye Cribbins, Assistant City Clerk, April Blakey, Information Servi
Manager and Todd Strojny, Sr. Management Analyst.
♦ Presentation Regarding Aera Energy Project
♦ Discussion Regarding Contents of Library Survey
Mayor Chang adjourned the Study Session at 6:38 p.m.
CLOSED SESSION: None
CALL TO ORDER: M/Chang called the meeting to order at 6:43 p.r
in the Auditorium of the SCAQMD/Government Building, 21865 E. Copley Di
Diamond Bar, CA.
M/Chang reported on the City Council Study Session items discussed just prior 1
the regular City Council meeting.
PLEDGE OF ALLEGIANCE; The Pledge of Allegiance was led by Roma
Nava, representative from Assemblyman Robert Pacheco's office.
INVOCATION: The Invocation was given by Reverend Te
Meyers, Shepherd of the Hills Lutheran Church.
ROLL CALL: Mayor Chang, Mayor Pro Tem O'Connor an
Council Members Herrera, Huff and Zirbes.
Also present were: Linda Lowry, City Manager; Mike Jenkins, Ci -
Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy Cil
Manager; David Liu, Public Works Director; Bob Rose, Community Service
Director; Tommye Cribbins, Assistant City Clerk, and Lt. Maxey.
APPROVAL OF AGENDA: Mayor Chang approved the agenda as presentee
1. SPECIAL PRESENTATIONS, CERTIFICATES and PROCLAMATIONS:
1.1 Roman Nava and Millie Storniany, representing Assemblyman
August 6, 2002 PAGE 2 CITY COUNCIL
Pacheco's Office, presented Robert Arceo with the Purple Heart
medal.
1.2 David Liu, Public Works Director, presented Mayor and City Council
with the California Integrated Waste Management Board Award,
recognizing the City's efforts in achieving the year 2000 diversion rate.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
offered.
3. PUBLIC COMMENTS: Eileen Ansari congratulated Mr. Arceo on
receiving his medal and commended Assemblyman Pacheco's office for their
efforts. She suggested the City consider using recycled glass in the new
Community/Senior Center.
4. RESPONSE TO PUBLIC COMMENT: None Offered.
5. SCHEDULE OF FUTURE EVENTS:
5.1 CONCERTS 1N THE PARK "SOUTHLAND BAND" (Classic Rock) —
August 7, 2002- 6:30 — 8:00 p.m., Sycamore Canyon Park, 22930
Golden Springs Dr.
5.2 TRAFFIC & TRANSPORTATION COMMISSION MEETING — August
8, 2002 — 7:00 p.m., Board Hearing Room, SCAQMD/Government
Center, 21865 E. Copley Dr.
5.3 PLANNING COMMISSION MEETING — August 13, 2002 — 7:00 p.m.,
SCAQMD/Government Center Auditorium, 21865 E. Copley Dr.
5.4 CONCERTS IN THE PARK "RAYMOND MICHAEL" (Elvis Presley
Tribute) — August 14, 2002 — 6:30 — 8:00 p.m., Sycamore Canyon
Park,' 22930 Golden Springs Dr.
5.5 CITY COUNCIL MEETING — August 20, 2002 — 6:30 p.m.,
SCAQMDIGovernment Center Auditorium, 21865 E. Copley Dr.
5.6 DIAMOND BAR CHAMBER OF COMMERCE "AMERICAN SPIRIT
DAY" — 7:30 a.m'to 9:00 a.m. — September 11, 2002 — SCAQMD
Patio, 21865 E. Copley Dr.
6. CONSENT CALENDAR: Moved by C/Zirbes, seconded by C/Herrera
to approve the Consent Calendar with the exception of Item No. 6.10. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT/O'Connor,
M/Chang
August 6, 2002 PAGE 3 CITY COUNCIL
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 CITY COUNCIL MINUTES:
6.1.1 Approved Study Session Minutes of July 16, 2002 —
presented.
6.1.2 Approved Regular Meeting Minutes of July 16, 2002 —
presented.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES —
Regular Meeting of July 16, 2002.
6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSI
MINUTES — Regular Meeting of June 27, 2002.
6.4 RECEIVED AND FILED TRAFFIC & TRANSPORTATIO
COMMISSION MINUTES — Regular Meeting of May 9, 2002.
6.5 APPROVED VOUCHER REGISTER - dated August 6, 2002 in
amount of $1,325,676.33, with MPT/O'Connor voting "NO"
SigmaNet in the amount of $67,873.95.
6.6 REVIEWED AND APPROVED THE TREASURER'S STATEMENT
for the Month of June 2002.
6.7 ADOPTED RESOLUTION NO. 2002-58, A JOINT RESOLUTION 0
THE BOARD OF SUPERVISORS OF THE COUNTY OF LO
ANGELES ACTING ON BEHALF OF LOS ANGELES COUNT
GENERAL FUND, LOS ANGELES COUNTY LIBRARY, LO
ANGELES COUNTY FLOOD CONTROL, LOS ANGELES COUNT'
CONSOLIDATED FIRE PROTECTION DISTRICT, LOS ANGELE
COUNTY FIRE-FFW; THE BOARD OF DIRECTORS OF COUNT'
SANITATION DISTRICT NO, 21 OF LOS ANGELES COUNTY; THI
GOVERNING BODIES OF THE CITY OF DIAMOND BAR, GREATEI
LOS ANGELES COUNTY VECTOR CONTROL DISTRICT, THREI
VALLEYS MUNICIPAL WATER DISTRICT, WALNUT VALLE'
WATER DISTRICT (WVWD), WVWD-IMPROVEMENT DISTRICT #�
AND WVWD DISTRICT #4; APPROVING AND ACCEPTIN(
NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE,'
RESULTING FROM ANNEXATION OF TRACT NO.'S 48487 AN[
50314 (WINDMILL ESTATES, THE COUNTRY ESTATES) T(
COUNTY SANITATION DISTRICT NO. 21.
6.8 ADOPTED RESOLUTION NO. 2002-59: REQUESTING THE LO�
ANGELES COUNTY FLOOD CONTROL DISTRICT TO ACCEP"
TRANSFER AND CONVEYANCE OF MISCELLANEOUS TRANSFEF
August 6, 2002 PAGE 4 CITY COUNCIL
DRAIN NO. 1518 FOR TRACT NO'S, 32400, 52203, 52204 AND
52228 LOCATED IN THE DIAMOND CREST ESTATES FOR
FUTURE OPERATION, MAINTENANCE, REPAIR AND
IMPROVEMENT.
6.9 APPROVED AMENDMENT NO.2 TO THE CONTRACT WITH DAVID
EVANS AND ASSOCIATES FOR AS -NEEDED LANDSCAPE
ARCHITECT SERVICES IN THE AMOUNT OF $27,700 FOR
LANDSCAPE AND IRRIGATION IMPROVEMENTS ALONG BREA
CANYON CUTOFF BETWEEN FALLOWFIELD AND THE
WESTERLY CITY LIMITS.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.10 ADOPTED RESOLUTION NO. 2002-60 ESTABLISHING A ONE-
YEAR MORATORIUM ON THE INSTALLATION OF SPEED HUMPS.
CIHuff stated that an empirical field test reveals that speed humps do
not appear to slow cars down. He asked staff to check with the City
of Pomona regarding the speed humps located in the Phillips Ranch
area off of Village Loop Rd. He favored speed humps and believed
the moratorium would give the City an opportunity to assess their
height and effectiveness.
CIHuff moved, ClHerrera seconded, to adopt Resolution No. 2002-60
establishing a one-year moratorium on the installation of speed
humps.
Following discussion, the motion was carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes
NOES: COUNCIL MEMBERS - MPT/O'Connor, MlChang
ABSENT: COUNCIL MEMBERS - None
7. PUBLIC HEARINGS:
7.1 CONSIDERATION OF FIRST READING OF ORDINANCE NO.
07(2002) CONSIDERING ZONE CHANGE FROM PLANNED
COMMERCIAL DEVELOPMENT (CPD) TO C2 AND C3 FOR THE
DIAMOND BAR VILLAGEIKMART PARCELS AND ADOPTION OF
ORDINANCE NO, 2002-7 — presentation by DCM/DeStefano.
MlChang re -opened the Public Hearing.
Martha Bruske again asked why there is a need for a zone change
and what C2 and C3 designations mean and what are examples of C2
August 6, 2002 PAGE `_5 CITY COUNCIL
and C3 zones. For some reason, the businesses in The Village arid
KMart centers have been allowed to deteriorate. She did not
understand why those property owners should be rewarded for having
shabby storefronts. She expressed concern about excess traffic arid
gridlock in the area of Golden Springs Dr. and D.B. Blvd. created by
allowing "big box" stores. She hoped the City acts wisely and int e
best interest of its residents with respect to this decision.
Marie Buckland asked if the City was aware of crime statistics rel
to the operation of cyber cafes.
Espy Mehta, 2€325 E. Summitridge Ct., felt that businesses did n
want to locate in the area due to the lack of parking. What are ti
benefits to creating a C2 zone and what is wrong with the business
that currently exist in the center. Specifically, what kind of busine:
would benefit the City and its residents.
There being no further testimony offered, M/Chang closed the Pu
Hearing.
DCM/DeStefano again explained that the types of businesses th;
would be permitted within the KMart Center in the event of a C3 zor
change would include Regional Commercial, businesses that ar
intended to draw customers from beyond the limits of the City.
Accordingly, a C3 zone is most appropriate along the freewe
corridors. The current C3 zones within the City are the Hond
Dealership and area uses such as Burger King, etc. C3 is also foun
at the four corners of the intersection of D.B. Blvd and Grand Ave. H
further stated that C2 zoning is similar to the C3 zoning but does nc
allow for automobile sales and rental and warehouse type uses,
Many uses within C2 and. C3 zoning require a Conditional Use Perm
that involves the Planning Commission and Public Hearing process
Other uses within C2 and C3 zoning require City review, either at th
administrative or Planning Commission level.
C/Herrera pointed out that a large number of vacancies exist in Th
Village. It is Council's hope that by changing the zoning, businesse
will be stimulated to locate in that area. No one is proposing a "bi
box" or change -out of current businesses.
C/Herrera moved, C/Huff seconded, to approve first reading
Ordinance No. 07(2002) consideration of Zone Change from Planni
Commercial Development (CPD to C2 and C3 for the D.
Village/KMart parcels. Motion carried by the following Roll Call vol
AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT/
O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
August 6, 2002 PAGE 6 CITY COUNCIL
ABSENT: COUNCIL MEMBERS - None
ClZirbes asked how the zone change would effect businesses such
as the D.B. Washer & Dryer Repair.
DCM/DeStefano stated that those businesses would continue as legal
non -conforming for as long as they wish. However, if they wanted to
expand the non -conforming use, they would not be permitted to do so
within the proposed zone. He explained that if Council approves the
zone change, the cyber cafe would need to apply for a mandatory
Conditional Use Permit. He confirmed to ClZirbes that a zone change
to C3 at the KMart Center would open up the possibility of greater
revenue producing types of businesses such as Home Depot or Best
Buy.
In reply to MPT/O'Connor, DCMIDeStefano confirmed that the
veterinary clinic and washer & dryer repair concerns could sell their
business as they are currently configured and remain legal non-
conforming as long as they did not seek to expand.
Responding to C/Herrera, DCMIDeStefano explained that staff and the
Planning Commission felt that the types of uses found in the C2 zone
were better suited for the Diamond Village location. However, Council
may choose to rezone the property to include C3. The property owner
for Diamond Village attended the Planning Commission's Public
Hearing and did not speak at that point. He later telephoned staff to
indicate his support for the Planning Commission's conclusion. In
addition, staff spoke with the McDonald's property owner and he too,
indicated his support. All property owners were notified of the potential
change and staff has received no comment one way or the other
except from the two property owners previously mentioned.
C/Chang opened the Public Hearing.
MPT/O'Connor moved, ClZirbes seconded, to continue the Public
Hearing to August 20, 2002. 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
7.2 CONSIDERATION OF RECOMMENDATION BY LAW
ENFORCEMENT BLOCK GRANT (LLEBG) ADVISORY BOARD FOR
EXPENDITURE OF GRANT FUNDS IN THE AMOUNT OF $43,831
(INCLUSIVE OF THE REQUIRED 10% MATCHING AMOUNT OF
$4,383 FROM THE CITY) FOR FY 2002-03 — presentation by Lt.
August 6, 2002 PAGE`? CITY COUNCIL
Maxey.
M/Chang opened the Public Hearing.
There being no testimony offered, MlChang closed the Public H
C/Herrera moved, MPT/O'Connor seconded, to approve tl
recommendation by the Law Enforcement Block Grant (LLEB,
Advisory Board for expenditure of grant funds in the amount
$43,831 (inclusive of the required 10% matching amount of $4,3+
from the City) for FY 2002-03. Motion carried by the following R
Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT/
O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8. COUNCIL CONSIDERATION:
8.1 CONSIDERATION OF APPOINTMENT OF LING -LING CHANG '
THE DIAMOND BAR COMMUNITY FOUNDATION.
Ling -Ling Chang introduced herself and said she looked forward
serving on the Foundation Board.
C/Zirbes said he was very impressed with Ms. Chang's ap
and presentation.
ClZirbes moved, C/Herrera seconded, to approve appointment
Ling -Ling Chang to the D.B. Community Foundation. Motion carri
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
MPT/O'Connor welcomed Ling -Ling Chang and looked forward to I
attendance at the next Foundation meeting on August 15.
9, COUNCIL SUBCOMMITTEE REPORTS/ COUNCIL MEMBER COMMENT
ClHerrera said that despite tonight's lively debate, all Council Members a
deeply concerned about traffic issues and speeding vehicles on the City
streets. She believed the residents wanted thoughtful decisions from the
Council Members. She was very pleased that the groundbreakir
ceremonies for the new Community/Senior Center took place yesterday,
August 6, 2002 PAGE 8 CITY COUNCIL
moving forward with a concept that began in 1998 with a task force appointed
to collect community input. She thanked staff and in particular DCM/Doyle
for coordinating -this project.
C/Huff stated that since the last City Council meeting, he had attended
several meetings including Alameda Corridor East, Foothill Transit Board, a
transportation conference in San Diego and the unveiling of Foothill Transit's
CNG (Compressed Natural Gas) station. Council adopts many policies that
are generally introduced by staff. While the Mayor may exercise grace or
latitude in enforcing this policy, the Council chooses the Mayor and the Mayor
is responsible for running the Council Meeting's in accordance with those
policies. Regarding tonight's speed hump policy, he attempted to follow
these policies and lengthy discussion ensued because policy was not
followed. The Mayor wished to speak and in order not to be argumentative,
he conceded. However, he believed Council Members should be cognizant
of the rules governing the Council so that business meetings can move
forward in an orderly manner. If Council does not intend to follow the current
policies, they should be changed so that Council Members are comfortable
with protocol.
C/Zirbes pointed out that D.B. has been a City for only 13 years but has been
a community for several decades and has waited generations to enjoy a
facility like the one that is currently commencing construction. The
community can be very proud of this facility, one that will serve the public for
many years in the future. He thanked Mrs. Ansari for her efforts toward the
building of this structure. Since the last Council meeting, he had worked on
a variety of issues including the Neighborhood Improvement Committee. He
thanked staff for the recent edition of the City News. He especially enjoyed
the "more effective street sweeping means a cleaner environment" article. He
welcomed C/Herrera and MPT/O'Connor back from their recent adventures.
He offered MPTIO'Connor condolences on the loss of her brother-in-law.
MPTIO'Connor stated that because of the extra week between Council
meetings, she and her family were able to enjoy a Caribbean Cruise. She
returned relaxed and refreshed and ready to move forward. She
congratulated Robert Arcero on receiving the recognition rightfully due him
for his service during WWII. She felt that the City should reinstate its tree
removal policy. Three old-growth ficus trees had to be removed from her
neighborhood to accommodate sidewalk repair and the removal has left her
neighborhood with a devastating loss. She felt the City should mitigate root
damage and work to save old-growth trees. She asked that tonight's meeting
be adjourned in memory of her husband's younger brother, Gerald O'Connor.
MlChang agreed with ClHerrera that although Council Members do not
always agree, they are all concerned about the community. He once again
stated he felt that the speed hump issued had been sufficiently studied and
that implementation should not be further delayed by imposition of a
moratorium. Studies show that speed humps are effective and slow
August 6, 2002 PAGE 9 CITY COUNCIL
speeding traffic. In his opinion, the decision to delay the speed hump poli
further was not right. This matter should have died at the last meeting wh
the vote was 2-2. He did not want to put the City Attorney on the spot abc
how the meeting should be conducted because it has been done the sar
for the past 13 years. He is not planning to change the way he conduc
meetings. He attended the JPIA board meeting, participated in the LEE
program, worked on the Neighborhood Improvement committee, attended t.
parole officers' week celebration, the Chinese-American Constructil
Professional annual meeting, dragon boat racing, and the YMCA boa
meeting. He encouraged the community to participate in Read Togeth
Diamond Bar in October. This morning, he attended the CITT opening. F
encouraged everyone to purchase a commemorative tile from the Commun
Foundation to support the new Community/Senior Center.
DCMIDoyle informed Council that due to advice from a resident watch
tonight's telecast, he and staff member April Blakey were able to adjust
sound system to insure that at least the public hearing portion of tonigl
meeting was audibly acceptable. Staff will continue to monitor this matt,
10. ADJOURNMENT: There being no further business to conduct, CICha
adjourned the meeting at 8:50 p.m. in memory of Gerald O'Connor, broth
in-law of MPT/O'Connor.
ATTEST:
Wen Chang, Mayor
J
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TOMMYE CRIBBINS, Asst. City Clerk
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