HomeMy WebLinkAbout04/20/2004 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
APRIL 20, 2004
STUDY SESSION: Mayor Zirbes called the Study Session
to order at 6:15 p.m. in Room CC -8 of the South Coast Air Quality
Management District/Government Center, 21865 Copley Dr., Diamond
Bar, CA.
Present: Council Members Chang, Huff,
O'Connor, Mayor Pro Tem Herrera and Mayor Zirbes.
Staff Present: Linda Lowry, City Manager; Michael
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; April
Blakey, Public Information Manager; Nancy Whitehouse, Executive
Assistant and Tommye Cribbins, Deputy City Clerk.
IN. Hindu Ceremony Demonstration
No. Discussion of Business Licensing
► Public Comments on Study Session Agenda Items
M/Zirbes announced that due to time constraints, the Business Licensing
Discussion would be held over to a future study session.
1. Hindu Ceremony Demonstration
CM/Lowry turned the meeting over to CSD/Rose who introduced
Shukavok Das, PhD and Hindu Priest at the Shri Lakshmi Narayan
Mandir in Riverside.
Dr. Das explained that in Hinduism, the use of fire is a fairly
important ritual. Indian people have different types of ceremonies
that may or may not involve fire to varying degrees. One of the
most important ceremonies is the Baha (wedding) ceremony. When
performing the Hindu marriage ceremony, families typically arrange
for a 10 to 12 foot square canopied area called a Mandap with large
bamboo pillars erected at each of the four corners reaching a
height of 10 to 12 feet. The wedding ceremony is performed inside
the Mandap (structure). For his ceremonies he places a large
Turkish tray measuring three to three and a half feet in diameter in
the center of the structure. He places a plate upside down on the
tray so that the heat does not come through. The fire (Agni) is set
up in a kund (copper bowl). For his fire, he uses wood or cow dung
and places the Ghee (clarified butter) over the material, when the
Ghee is soaked in, the wood or cow dung acts as a wick and
APRIL 20, 2004 PAGE 2 CC STUDY SESSION
minimizes smoke. In India the cow is very sacred and therefore the
dung is very sacred. If Priests do not have access to cow dung they
use wood or small pieces of Duraflame log.
Central to the ceremony, the bride and groom stand and walk
around the Agni four or seven times while reciting vows. This is
called Mangalfera.
Dr. Das stated that he is extremely concerned about fire safety.
Indian brides typically wear long saris with layers of sheer fabric. In
this instance, fire is a dangerous thing. As a priest, he has never
caused a fire even while officiating ceremonies in private homes.
Dr. Das said that about 50 percent of the facilities he uses do not
allow the fire. In that event, he goes to Plan B -- He fills his havan
kund with rice, cuts a coconut in half, imbeds the coconut in the rice
(the coconut becomes a small burning lamp), puts a small piece of
cotton wick inside (a votive candle) it looks traditional even though
it does not have the "punch" of the fire. He said he does hundreds
of weddings using Pian B.
Dr. Das explained that the main issue with fire was smoke, which
necessitated turning off the smoke alarms for a short period of time
or, completely eliminating the fire. However, fire plays a very sacred
and traditional role and is a very important part of the Hindu
sacrament. If D.B. wants to "market" its facility to the Indian
community, it would behoove the City to allow fire for wedding
ceremonies.
Dr. Das said that there are other important Hindu ceremonies such
as the two-week fall festival season called Navaratri which literally
means nine nights. It includes various events involving thousands
from the Hindu community partaking of loud music, dance, food and
other elements of celebration over a period of five or six hours each
day. Dr. Dos spoke about these events to make the point that D.B.
could fill its center during the Navaratri. Occasionally well-known
Gurus or teachers would give a kata (discourse) at such events that
would take place every evening from 6 p.m. to 9:00 or 10:00 p.m.
over a period of three, seven or nine days and the hall would be
filled every night. He explained that the kata involved lamps. Every
ceremony would end with an Arti and there could be pictures or
shrine areas, members were given a tray on which a lighted lamp is
placed. The lighted lamp (fire or incense) is then offered to pictures
of various forms of god at small shrine centers throughout the hall.
Dr. Das said that there is a very large market in this area and the
Indian community is searching for places to hold their events. In
fact, they are building a community hall in the Riverside Temple to
APRIL 20, 2004 PAGE 3 CC STUDY SESSION
serve the community for these types of ceremonies. D.B. is the
center of a very large Indian community and could draw from the
surrounding areas if the City found a way to deal with the fire and
incense issue. He felt that the burning of incense was not a major
issue and that the open flame is something that had to be dealt
with. He said he could offer methods for limiting or controlling the
fire aspect. If D.B. could allow tradition to some degree, the market
would be unlimited.
C/O'Connor asked if the use of tea lights would be acceptable for
the ceremonies.
Dr. Das responded that tea lights could be used but only as a last
resort if participants were unable to find a location that permitted
the fire. Tea or votive lights were not generally acceptable because
nobody liked using them. In fact, Dr. Dos did not like using the tea
or votive lights for his ceremonies. If fire were not permitted in a
facility he would recommend finding a facility that allowed the use
of fire because from a priest's point of view, lack of fire downgrades
the ceremony. Priests promote tradition as much as possible.
Although a Hindu wedding could very easily last five or six hours in
India his wedding ceremonies generally last at least one hour and
without the use of fire the ceremony would be significantly
downgraded.
C/Huff asked Dr. Das why he felt incense was not an issue to which
Dr. Das responded that he was surprised to hear a complaint about
incense. He had never heard anybody complain about incense. He
said he could perform a wedding without incense because incense
was a minor component of the ceremony and he personally did not
like incense. He felt the City could easily say it did not want incense
if it allowed fire.
C/Huff and Dr. Das discussed the burning of cow dung and that it
was very clean burning. They agreed that once the dung is dry it
burns very clean.
Dr. Das said that since accessibility to cow dung is difficult most
priests burn incense. He burns cow dung because it limits smoke
and allows him to control the fire with a consistent flame. A wood
fire is not so easily controlled. His equivalent to cow dung is the
Duraflame log cut into small slices depending on the size of the fire.
A small portion lasts for the 10 or 20 minutes that it takes to
complete that portion of the ceremony and burns at a controlled
and steady rate. He offered that D.B. could limit the use of fire by
requiring the use of Duraflame logs.
APRIL 20, 2004 PAGE 4 CC STUDY SESSION
Dr. Das stated that at about half of the Hindu weddings the groom
rides in on a white horse during which drums are played. Many
times grooms arrive in a white Mustang or Mercedes instead of by
horse. Occasionally, an elephant is used for the groom's entry.
M/Zirbes asked Dr. Das how many community centers like the
Diamond Bar Center allow open flames, incense, elephants and
horses?
Dr. Das responded that the Cerritos Performing Arts Center allows
horses and the traditional flame. The Buena Park Sequoia Center,
the Hyatt Regency, Mission Inn (Holiday Inn in Riverside) allow the
open flame. The Via Verde Country Club in San Dimas allows the
open flame outside, not inside.
Dr. Das said that if the facility permits, an option to deal with this
issue is to set up a tent and Mandap outside and have the
reception inside. Sometimes hotels have outdoor atriums that are
used for such purposes. Requirements vary from place to place.
Frankly, a very skillful priest can have a very small controlled fire.
Of course, priests cannot be controlled so the City would have to
set the limits.
M/Zirbes asked Dr. Das to confirm that D.B. could accommodate
the Hindu needs by allowing the fire ceremony to be conducted
outside. Dr. Dos responded "absolutely." In that instance, the City
would have to provide a tent or some type of covering. In fact, the
Riverside Temple has restrictions for inside fires and if the
ceremony is held outside a very large tent is set up for the
occasion.
M/Zirbes said he heard that cauldrons of incense would be used to
purify the room prior to or during ceremonies.
Dr. Das said he hears the same rumor all of the time but has never
seen this type of practice. However, India is very diverse so
anything is possible but that there is absolutely no need for a Hindu
ceremony to include a crew burning incense for purification. Again,
for weddings incense is not as important as the fire.
CSD/Rose stated that staff proposes to obtain additional
information from the Cerritos Performing Arts Center and input from
the fire department for further Council discussion on this matter.
Dr. Das said that he performs the fire ceremony in concert with the
fire department and believed that the Cerritos Performing Arts
Center had strict rules about restricting fire that D.B. could mimic.
APRIL 20, 2004 PAGE 5 CC STUDY SESSION
Chief Nieto said he would contact the Los Angeles County Fire
Department tomorrow regarding regulations for the Cerritos
Performing Arts Center.
Public Comments on Study Session Agenda Items — None
Offered.
ADJOURNMENT: With no further business to come before
the City Council, M2irbes adjourned the Study Session to the
regular meeting at 6:45 p.m.
Linda C. Lowry, City -G rl�
The foregoing minutes are hereby approved this i ath day of Naz ,
2004.
BOB Z - or
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
APRIL 20, 2004
CLOSED SESSION: 5:00 p.m.,
No. Pending Litigation — (Chung v. D.B.)
► Public Comments on Closed Session Agenda.
No reportable action taken
STUDY SESSION: Mayor Zirbes called the Study Session to order at
6:15 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Government Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Members Chang, Huff, O'Connor, Mayor
Pro Tem Herrera and Mayor Zirbes.
Staff Present: Linda Lowry, City Manager; Michael Jenkins, City
Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City
Manager; Bob Rose, Community Services Director; Linda Magnuson, Finance
Director; David Liu, Public Works Director; April Blakey, Public Information Manager;
Marsha Roa, Communications and Marketing Coordinator; Ann Lungu, Associate
Planner; Fred Alamolhoda, Senior Engineer; Sharon Gomez, Management Analyst;
Linda Smith, Development Services Assistant; Fire Chief Nieto; Jeff Koontz, Director
of Chamber of Commerce and Tommye Cribbins, Deputy City Clerk.
► Hindu Ceremony Demonstration
► Discussion of Business Licensing
► Public Comments on Study Session Agenda Items
M/Zirbes recessed the Study Session at 6:45 p.m.
CALL TO ORDER: Mayor Zirbes called the regular City Council
meeting to order at 6:55 p.m. in the Auditorium of The Government
Center/SCAQMD, 21865 Copley Dr., Diamond Bar, CA.
M2irbes reported that Council began its evening at 5:00 p.m. with Closed Session
regarding pending litigation followed by a study session during which Council
received a demonstration of a Hindu Ceremony and the use of fire and incense. Due
to time constraints, discussion of Business Licensing was continued to a future study
session.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council
Member Chang.
APRIL 20, 2004 PAGE 2 CITY COUNCIL
INVOCATION:
Commissioner.
The invocation was given by Steve Tye, Planning
ROLL CALL: Council Members Chang, Huff, O'Connor,
Mayor Pro Tem Herrera and Mayor Zirbes.
Staff present: Linda Lowry, City Manager; Michael Jenkins, City
Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City
Manager; Bob Rose, Community Services Director; Linda Magnuson, Finance
Director; David Liu, Public Works Director; April Blakey, Public Information Manager;
and Tommye Cribbins, Deputy City Clerk.
APPROVAL OF AGENDA: As presented.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 C/O'Connor presented Certificates to AYSO on the success of the
Cottontail Tournament. M/Zirbes received two t -shirts and a metal for
refereeing the final game of the tournament.
1.2 M/Zirbes presented Certificates to Sports Complex Task Force
Members.
1.3 MPT/Herrera proclaimed April 18 — 25, 2004 as "Days of
Remembrance."
1.4 MPT/Herrera proclaimed April 18— 24, 2004 as "Safety Seat Checkup
Week." Lt. Joe Maxey and Deputy Diane Dodd accepted the
proclamation.
1.5 C/Chang proclaimed April 18 — 24, 2004 as "National Library Week."
Irene Wang with the L.A. County Library - Diamond Bar Branch
accepted the proclamation.
1.6 C/Huff proclaimed April 18 — 24, 2004 as "National Victims Week"
Sharon Arroyo, with Families & Friends of Murder Victims accepted
the proclamation.
1.7 C/O'Connor proclaimed April 19 — 23, 2004 as "Administrative
Assistants Week." Joan Chavez with the City accepted the
proclamation.
NEW BUSINESS RECOGNITION:
1.8 A Certificate Plaque to Diamond Bar Shell, 21103 Golden Springs, as
New Business of the Month for April 2004. Mr. Sammy Anabi,
owner/manager of the station was not present to receive the
APRIL 20, 2004 PAGE 3 CITY COUNCIL
Certificate Plaque. The plaque was delivered to him.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
♦ Diamond Bar Center Video Presentation — A video presentation of
the construction and subsequent opening of the Diamond Bar
Center was displayed.
CM/Lowry commended the City and the City Council on its 15th
Birthday Celebration and completion of the Diamond Bar Center, a
facility that showcases the Council's fifteen years of dedication to
community -building.
♦ Youth Master Plan Update - SMA/Crews reported that the Search
Institute Student Profile "Attitudes and Behavior" survey was near
completion. The survey was conducted among randomly selected
7th grade students at South Point, Chaparral and Lorbeer Middle
Schools. Diamond Ranch High School would conduct its survey of
randomly selected 91h and 11 h graders this Thursday. Scheduling at
D.B.H.S. is not yet complete due scheduling difficulties.
SMA/Crews stated that once the last student survey has been
conducted all samples would be mailed to the Search Institute in
Minneapolis for tabulation. The Search Institute requires a minimum
10 -week turnaround to produce the final report that would be
included in the Master Plan document. The report would also
include the results of the California Healthy Kids Survey conducted
two years ago and again this spring. This Friday the Youth Master
Plan Steering Committee meets at the Diamond Bar Center to
review preliminary drafts of the final report components and begin
the process of formulating recommendations. Staff's goal is to
finalize the report during July and August for presentation of the
Youth Master Plan draft to Council in early fall.
♦ Southern California Edison Grand Avenue Underground Re -cable
Project Update-SMA/Gomez reported on the informational meeting
that had been conducted by Southern California Edison for the
benefit of residents and businesses that would be affected by the
construction. She indicated that work would commence Monday,
April 26 without significant traffic impacts. Construction hours would
be from 6:30 a.m. to 4:00 p.m. Monday through Friday during
which, one eastbound lane would remain open. Construction on
Grand Ave. between Golden Springs Dr. and Montefino Ave. would
take approximately four weeks. Construction from Montefino Ave.
to Diamond Bar Blvd. would take place from 8:30 p.m. to 5:30 a.m.
to offer the least impact to City traffic. At the intersection of Grand
Ave. and Diamond Bar Blvd. construction would continue north in
the southbound traffic lane and end at the Big Lots parking lot. All
APRIL 20, 2004 PAGE 4 CITY COUNCIL
work along Diamond Bar Blvd. is slated to take place during the
hours of 8:30 p.m. to 5:30 a.m. with the nighttime work from
Montefino Avenue to Big Lots taking approxi -mately two weeks to
complete. Wednesday, April 19, six construction signs would be
placed in four locations prior to entering the construction area one
on Grand Ave; Golden Springs at Grand Avenue; Ralphs Center;
Diamond Bar Blvd. median in front of Albertsons and near the back
of Big Lots. The Edison hotline number is 1-800-319-8765 and
would be prominently displayed for assisting residents with their
questions about the construction phase.
At the request of MPT/Herrera, SMA/Gomez explained that the cable
providing power to the main booster station behind Big Lots was no
longer sufficient to service the City and if the cable were not
reconstructed to meet current growth and load demands the City
could suffer brownout and blackout conditions.
3. PUBLIC COMMENTS: None Offered.
RESPONSE TO PUBLIC COMMENTS: None.
5. SCHEDULE OF FUTURE EVENTS: AS LISTED ON THE PREPARED
AENDA.
5.1 PARKS AND RECREATION COMMISSION MEETING — April 22,
2004 — 7:00 p.m., Government Center/AQMD Hearing Board Room,
21865 Copley Dr.
5.2 YOUTH MASTER PLAN STEERING COMMITTEE MEETING —
April 23, 2004 — 11:00 a.m., Diamond Bar Center, 1600 Grand
Avenue.
5.3 PLANNING COMMISSION MEETING -- April 27, 2004 — 7:00 p.m.,
Government Center/AQMD Auditorium, 21825 Copley Dr.
5.4 COMPOSTING WORKSHOP —May 1, 2004 —10:00 a.m., Heritage
Community Center, 2900 S. Brea Canyon Road; Call 9091839-7040
for reservations.
5.5 CITY COUNCIL MEETING — May 4, 2004 — 6:30 p.m., Government
Center/ AQMD Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR: MPT/Herrera moved, C/O'Connor
seconded to approve the Consent Calendar as presented. Motion carried by
the following Roll Call vote:
APRIL 20, 2004 PAGE 5 CITY COUNCIL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
6.1 CITY COUNCIL MINUTES:
Chang, Huff, O'Connor,
MPT/Herrera,
M/Zirbes
None
None
6.1 .1 Study Session of April 6, 2004 — Approved as submitted.
6.1.2 Regular Meeting of April 6, 2004 — Approved as submitted.
6.2 PLANNING COMMISSIONS — Regular Meeting of March 9, 2004 —
Received and Filed.
6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES— Regular
Meeting of March 11, 2004 — Received and Filed.
6.4 APPROVED WARRANT REGISTERS — dated April 8, 2004 and April
15, 2004 for a total amount of $1,256,823.14.
6.5 REJECTED CLAIM FOR DAMAGES - Filed by Paul Feiner dated
March 23, 2004.
6.6 APPROVED NOTICE OF COMPLETION FOR AREA SLURRY SEAL
PERFORMED BY AMERICAN ASPHALT SOUTH, INC.
6.7 RATIFIED CREATION OF A LIBRARY TASK FORCE — M/Zirbes and
C/Chang members.
6.8 ADOPTED RESOLUTION NO. 2004-14: RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING AB
3007 (PLESCIA) AMENDING THE RALPH M. BROWN ACT
REMOVING ITEMS THAT CAN BE DISCUSSED IN CLOSED
SESSION.
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 TRANSMITTAL OF FINAL REPORT FROM THE SPORTS
COMPLEX TASK FORCE - CSD/Rose reported that the 25 -
member Sports Complex Task Force spent the past six months
researching the needs of the sports organizations and programs to
meet those needs. The draft report presented to Council is the
commencement of its final review process. Staff intends to present
this document for formal review during a future study session and
finally to the City Council for consideration during a regularly
scheduled meeting. Coincidentally, the timing of this document
APRIL 20, 2004 PAGE 6 CITY COUNCIL
coincides with the Proposition 40 sponsored grant -funding program
for soccer fields and athletic facilities. The process undertaken by
D.B. will score the most points in the competitive grant process that
could award as much as $1,000,000 for a single project.
C/O'Connor felt that Council should take action at this time. However,
she recognized staff's direction to receive and file the document. She
asked staff to arrange a meeting between the subcommittee
(C/O'Connor and C/Chang) and Pomona Unified School District to
initiate discussion about the document.
MPT/Herrera congratulated M/Zirbes for his focus and direction of the
task force. A lot was accomplished in a short amount of time.
Ken Shaeffer, retired teacher, school administrator, soccer and Little
League coach, D.B.H.S. swim coach as well as a D.B. resident of 32
years thanked M/Zirbes for initiating a long overdue program to
improve the limited sports facilities in D.B. and possible creation of a
sports complex for the community. He believed that recreational
facilities'gave communities their identity. D.B. is known for its high
school bands and athletic teams and D.B.H.S. has more C.I.F. titles in
its short life span than any other high school in Southern California.
The group of athletes here for tonight's meeting are interested in
having Southern California notice their accomplishments in spite of the
lack of training facilities in the community. A first class aquatic facility
is needed and desired by the residents of D.B. and should be staffed
by visionary management and coaches.
Mike Spence, representing D.B.H.S., the Brahma Foundation and the
swim team, said that during the 15 years he had been in the district
many great accomplishments had occurred in the field of sports. He
felt that a top notch sports and sanctioned aquatic facility would bring
large events to D.B. and benefit the City's businesses. He believed
that a pool placed at top of Summitridge Park would provide an
unequaled scenic view for large events and would supplement
conferences at the Diamond Bar Center.
Roger Garcia said he recently joined the D.B. High School staff.
During college he was a member of the University of La Verne's
Aquatic Team. He felt that with the closing of the industry Hills facility,
it would be an appropriate time to build an aquatic facility that would
bring honor to D.B. and bring athletes from all over the country to the
Southern California area.
Jonathan Kuperman felt that a public aquatic facility would enhance
the quality of life in the City. D.B. has a great team that competes with
high quality athletes and a local aquatic facility could take his team to
the next level. To their credit, swimmers generally maintain a high
APRIL 20, 2004 PAGE 7 CITY COUNCIL
grade point average.
Charlene Caracas, D.B.H.S. senior and member of the swim team,
expressed that the swim team has enjoyed seven exceptional years
and would like to have an aquatic facility available in D.B. for the
benefit of the entire community.
Jodi Roberto thanked M/Zirbes and Council for establishing the Sports
Complex Task Force. She was proud to be part of the process and
appreciated the representation from all of the different sports groups.
She felt that a pool would greatly benefit all residents and she thanked
the Council for helping the youth of D.B.
Eric Shubal spoke in favor of a swimming pool for the City that would
allow young people to excel at their team sports.
The pool manager for Walnut High School said he sees the D.B. team
at his facility just about every night. It is obvious to him that D.B.
needs an aquatic center for the kids and adults.
M/Zirbes moved, MPT/Herrera seconded, to receive and file the Final
Report of the Sports Complex Task Force and direct staff to schedule
a study session to review of the matter in detail and determine how to
move forward. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor,
MPT/Herrera, M/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8.2 APPROVAL OF A SEVEN-YEAR SLURRY SEAL PROGRAM -
PWD/Liu reported that in an attempt to reduce General Fund
expenditures on the City's slurry seal program and to ensure that the
City receive the maximum return on street rehabilitation expenditures,
staff is recommending that the current 5 -year slurry seal program for
the preservation and rehabilitation of the City roadway system ,be
changed to a 7 -year program.
M/Zirbes offered an opportunity for public comment. There was no
one present who wished to speak on this item.
MPT/Herrera moved, C/Chang seconded to approve a Seven -Year
Slurry Seal Program. Motion carried by the following Roll Calf vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor,
MPT/Herrera, M/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
APRIL 20, 2004 PAGE 8 CITY COUNCIL
8.3 ADOPT INTERIM ORDINANCE NO. 01 (2004) ESTABLISHING A
TEMPORARY SIZE LIMIT ON SECOND DWELLING UNITS AND
GUESTHOUSES AND DECLARING THE URGENCY THEREOF -
DCM/DeStefano stated that the interim ordinance being presented
provides a provision allowing cities to adopt interim measures to deal
with circumstances that could prove to be detrimental to health, safety
or welfare to residents or properties within the City. This land use
urgency ordinance would become effective this evening upon 4/5ths
majority approval by the Council. This matter is brought before the
Council as a result of staff's concern about the size and use of
guesthouses and second dwelling units, and the recent plethora of
potential requests for second dwelling units in the City. In staff's
opinion there appears to be an urgent need to control this type of
development by limiting the size of guesthouses and second dwelling
units to 500 square feet. Staff is requesting the Council to enact this
ordinance for a maximum of 45 days, allowing staff an opportunity to
provide a report to the City Council at its June 1 meeting and request
an extension of the ordinance.
Should the City move forward to adopt a new ordinance, it would likely
result in secondary dwelling units smaller than 1200 feet and limit
their location to ensure the product to be compatible with existing
single-family neighborhoods and at the same time, meet the state law
requirements.
MPT/Herrera wondered why this had become a matter of urgency
before the investigation proceeded. She was also concerned about no
report to Council prior to this agenda.
C/Huff asked if there was a loophole to notify neighbors so they were
aware that such a unit would be forthcoming.
CA/Jenkins responded that state law provides that it is not to be a
discretionary process. While that does not preclude giving notice it is
often frustrating to give people notice about something they have no
opportunity to effect. State law is very clear that the second unit
requirements are the State's response to a housing crisis and it is the
State's policy that every city provide this alternative type of housing to
meet unique housing needs, primarily in single-family neighborhoods.
C/Huff asked if staff had a floor area ratio that could be applied to the
unit rather than allowing for a maximum square footage area per size
of lot.
DCM/DeStefano explained that there was no discretion and no public
hearing required. Should the City choose to notify neighbors, their
opinions would not matter because the City had no discretion. If the
project met the City's requirements the project would be approved.
APRIL 20, 2004 PAGE 9 CITY COUNCIL
The concern was that this is a new issue. The ordinance was adopted
about six months ago and staff began receiving a battery of questions
and applications after the press became aware of the adopted
ordinance. The real estate community began promoting it as a
possibility of creating rental units on properties, etc. Staff is concerned
that the two approvals and those in the pipeline would result in a
duplex type development — two homes on one lot, that staff believes is
inconsistent with the character of the existing neighborhoods and
contrary to what the Council intended. Whether as C/Huff has
suggested the City begins to look at the size of the unit compared to
the size of the lot, limiting the size of the unit or other characteristics,
needs to be addressed. Part of the reason for the urgency is to halt
this practice before more projects are presented to the City wherein
staff has no discretion.
CA/Jenkins stated that although the City could craft an ordinance
based on a sliding scale i.e. that the size of the second unit could
increase with the size of the lot, D.B. is probably not in a position to
craft such an ordinance this evening.
DCWDeStefano responded to C/Huff that the 10,000 square foot lot
size was D.B.'s requirement and not the State's requirement. He
reiterated that staff was concerned that the third application received
did not meet the intent of the ordinance and would not have been
approved as submitted. If Council decides not to consider this matter
tonight, staff would tell the applicant the project did not meet the City's
requirements because staff believes it is not appropriate to have a
second dwelling unit use the third space in the existing dwelling unit's
garage.
C/Huff said he would have no problem with staff enforcing the code.
He did, however, have a problem with an applicant applying for a
project under existing rules only to be faced with a new law that would
to quash the project. He could approve the interim ordinance as long
as current applicants were held harmless.
DCM/DeStefano explained that interim urgency ordinances are rare
and invoked only to stop projects and inquiries in process and to slow
everything down in order to give the City time to react. Council could
approve the ordinance and permit the project that is in process subject
to the project meeting the Development Code standards currently in
place.
C/O'Connor said that in her older neighborhood she noticed a lot of
room additions and second stories going up and she had received
numerous calls about why the neighbors were not notified. She was
aware of a recently constructed second unit and she heard from
residents who were concerned about its use. She relies on staff to
APRIL_ 20, 2004 PAGE 10 CITY COUNCIL
determine the City's need for the ordinance and supports staff's
recommendation.
M/Zirbes asked for public comments. No one stepped forward to
speak on this matter.
M/Zirbes explained why he supported the interim ordinance. He felt
the state ordinance had gotten out of hand and believed that D.B.
incorporated in order to maintain local control over development.
C/Chang said that like many others he moved to D.B. for a good
quality of life and believed that laws and regulations were established
to guide the City to that end. Staff understood the problem and
Council should give them an opportunity to study the matter and make
recommendations for possible revision of the current ordinance. He
supported staff's request.
C/Chang moved to adopt interim Ordinance NO. 01 (2004)
establishing a temporary size limit on second dwelling units and
guesthouses and declaring the urgency thereof. M/Zirbes seconded
C/Chang's motion and requested that the motion be expanded to
include the current project under the current Development Code.
C/Chang accepted the amended motion.
CA/Jenkins clarified the motion as follows: A new section would be
added to the ordinance and the existing sections 2, 3 and 4 would be
numbered accordingly. The new section two would read "Exception:
This ordinance shall not apply to the processing or consideration of
applications for second dwelling units or guesthouse for which
applications were deemed complete as of the date hereof."
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor,
MPT/Herrera, M/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
RECESS: M/Zirbes recessed the City Council meeting to the Annual
Redevelopment Agency meeting at 8:54 p.m.
RECONVENE: M/Zirbes reconvened the City Council meeting at 9:07 p.m.
9. COUNCIL SUBCOMITTEE REPORTS/COUNCILMEMBERS COMMENTS:
C/Huff thanked staff for a great 15th Birthday party. Attendees had a
wonderful time and the event continues to be a community highlight.
APRIL 20, 2004 PAGE 11 CITY COUNCIL
C/O'Connor announced that the 15'h anniversary of the City's existence
happened to occur on the exact day D.B. became a City, another memorable
event. She commended staff and committee members and asked that they
be recognized by the City Council during its next meeting. She announced
that when she attended the Sanitation District meeting there was discussion
on the Romero Senate Bill 1387. Upon direction from City staff, she voted
with the Sanitation District in opposing the Bill. She attended the very
successful Easter Egg Hunt at Pantera Park. About a thousand children
attended the event with 8,000 plastic eggs distributed for the hunt that lasted
about 50 seconds. The Lions and Leos worked hard to provide a good time.
She said she appreciated the dedication of the Sports Task Force members
who provided Council with a lot of good information and looked forward to
taking action on their recommendations. She asked that Ling -Ling Chang and
Jodi Roberto be listed as Diamond Bar Community Foundation Members of
the task force. Some of the Council Members conducted a sports survey at
the AYSO Picture Day in September and she felt those results should be
included in the report or included as an addendum.
C/Chang congratulated the City on two fine events, the City's Birthday party
and the Easter Egg Hunt. It was amazing to witness the speed with which the
children gathered the eggs. He complemented staff and the Lions Club
Members who helped make both events memorable. He heard that staff
members worked until 2:00 a.m. and returned at 7:00 a.m. the day of the
Birthday celebration and appreciated their dedication. He thanked the
residents for their support of the event.
MPT/Herrera thanked Council Members who helped gather signatures for the
League of California Cities' ballot initiative. She was pleased to report that
over one million signatures were filed with the State Secretary on April 16
assuring the initiative would appear on the November ballot. About 150,000
signatures were gathered through volunteer efforts. The remaining signatures
were obtained by paid signature -gatherers who charged up to $3 per
signature. As a result, the effort exceeded anticipated costs. For those who
have not yet participated with their contributions it is not too late. It will be
necessary to raise about $10 million in the next six months for the ballot
measure campaign. For the edification of the residents, this ballot initiative
was started by the League of California Cities to guarantee funding for cities,
particularly designated funding that is supposed to go to the cities. Often
State legislators shift funding from the cities in order to pay State deficits.
This ballot measure would prohibit the State from shifting funds without an
affirmative vote of the people. Compared to other cities, D.B. has a limited
number of staff members who are hard working and dedicated individuals. In
the last 30 days staff has exceeded all expectations by getting the Diamond
Bar Center ready for its grand opening and that event was closely followed by
the 151h Birthday Party preparations. Friends of hers who are Council
Members in other cities that are many years older than D.B. are amazed that
this City has accomplished so much in its short 15 years. Thank you to staff,
for all of your hard work on behalf of the residents.
APRIL 20, 2004 PAGE 12 CITY COUNCIL
M/Zirbes again thanked staff for all of their hard work and for helping the City
Council do its job to be able to move throughout the community and provide
the quality of life and types of events the citizens appreciated. He indicated
he would be providing seminar flyers to Council Members on a one -day event
in Oakland on May 21 and in Ontario July 23 on Smart Growth. As a former
member and Chair of the Planning Commission he felt the topic would be
interesting to the Council Members. He thanked C/Chang on behalf of
Council and the Community for providing funds for an additional concert.
10. ADJOURNMENT: There being no further business to conduct, M/Zirbes
adjourned the meeting at 9:20 p.m.
2004.
7W60 C'�1116;m
LINDA C. LOWRY, CLERK
The foregoing minutes are hereby approved this 18 thday sof May ,
BO , MAYOR