HomeMy WebLinkAbout07/20/2004 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JULY 20, 2004
CLOSED SESSION: 6:00 p.m. -- Room CC -8
► Government Code Section 54956.9(b) — Potential Litigation —
one case.
CALL TO ORDER: Mayor Zirbes called the regular City Council
meeting to order at 6:50 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
M/Zirbes reported that during tonight's Closed Session there was no reportable
action taken.
PLEDGE OF ALLEGIANCE: Mayor Zirbes led the Pledge of Allegiance.
INVOCATION: Council Member Huff gave the Invocation.
ROLL CALL: Council Members Chang, Huff, O'Connor, and
Mayor Zirbes. Mayor Pro Tem Herrera was excused.
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; David Liu, Public Works
Director; April Blakey, Public Information Manager; and, Tommye Cribbins,
Assistant City Clerk.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 C/O'Connor read a Proclamation proclaiming July 18-24, 2004 as
"Probation, Parole and Community Supervision Week. Jeff Fagot,
Chief Deputy Administrator for Parole was present. It was indicated
that C/Chang had presented the Proclamation during a ceremony
earlier in the day.
NEW BUSINESS OF THE MONTH:
1.2 C/Chang presented a Certificate Plaque for"The Gourmet Essentials"
to Marili Raymundo, Owner. Ms. Raymundo presented Council with a
sampling of the many items offered in the store.
BUSINESS OF THE MONTH:
1.3 C/Huff presented a City Tile to Ayres Suites, Diamond Bar General
Manager Veronica H. Cabuco.
JULY 20, 2004 PAGE 2 CITY COUNCIL
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered.
3. PUBLIC COMMENTS: Carolyn Anderson announced that she was
back in D.B. serving as the City's Waste Management Representative.
Jack Istik, 22607 Dry Creek Road, spoke about the City of Industry's
proposed development. He was concerned that except for the February
newsletter, residents had not received a mailing from either the City of
Industry or from D.B. about the project in time for residents to respond to the
EIR. He suggested street names be placed on the map and that it contained
a description of the proposal as it was intended to be located north of the SR
60 on both sides of Grand Avenue from existing residences on the west to
existing residences on the east. He thanked DCM/DeStefano for staff's
response to the proposed project. He felt the City and its residents should be
able to look at all aspects of this enormous project from its inception.
Marie Buckland believed that history was repeating itself because the
residents were also not given ample time to provide input on the Industry
East Project. She wondered if Council was looking after the citizens' interest
by failing to notify the residents about the proposed project. She also
believed the law provided for public notification to areas impacted by the
project.
RESPONSE TO PUBLIC COMMENTS: CM/Lowry agreed with a prior
speaker that DCM/DeStefano provided a sufficient response to the draft EIR,
the document included in tonight's Consent Calendar as a "Receive and File"
item. This response follows the response the City made to the Notice of
Preparation earlier this year.
DCM/DeStefano stated that the City was aware of this project and had
responded to the project since first notified in December 2003. D.B. received
a Notice of Preparation, which is required by State law prior to the
preparation of the Environmental Impact Report. D.B. and other surrounding
cities had an opportunity to comment during a prescribed period of time that
ran through December 2003 into early January 2004. Accordingly, D.B.
prepared an eight or nine page response letter to the City of Industry, and the
City Council considered the letter during a public study session held in early
January 2004. The proposed 600 -acre site with a proposal for about 4.8
million square feet of development would be located behind the Honda
Dealership, from the homes at the end of Washington Street to the homes at
the end of Sunset Crossing Road. The City of Industry had provided very
limited information about the proposal and what land uses might appear in
the commercial, corporate and automotive areas. There was no information
about size, type, number of employees, number of customers, etc. D.B.'s
primary comments were that the project lacked an adequate description, that
there was concern about the compatibility of the project with adjacent D.B.
properties and more specifically the residential properties as well as impacts
to those properties. As a result, D.B. asked for very generous setbacks
JULY 20, 2004 PAGE 3 CITY COUNCIL
between residential properties and the proposed new buildings, landscaping
to help buffer the buildings, mitigation for lighting that could potentially splash
down onto residential properties, etc. and expressed concerns over what
types of land uses were proposed and whether those land uses would
generate additional traffic impacts to D.B. Further, D.B. objected to the loss
of businesses at the City's traffic intersections that would provide
ingress/egress for the Industry project with no compensation to or direct
benefit to D.B. The City's response to a potential major road connection to
Sunset Crossing Road was that Sunset Crossing Road like Washington
Street was specifically designated in the City's General Plan as a cul-de-sac.
City Council directed staff to prepare the February newsletter story
referenced by Mr. Istik. The story contained a photograph of the proposed
project that had been provided to the City by the City of Industry as well as a
description of the project based upon what was known at the time. D.B.
received very limited comment about the citywide distributed newsletter
article. If this were a D.B. project the City would require notice to all property
owners surrounding the site within a 700 -foot radius as well as adjacent
cities. However, this was a City of Industry project and their mailing
requirements were unknown to D.B. Based upon prior projects, the City of
Industry follows the State's minimum requirements for notification of 300 -feet
with no obligation to notify residents immediately adjacent to the proposed
project. It does, however, obligate them to notify immediately adjacent cities.
The City of Industry published its EIR document in mid-June and in
accordance with state law D.B. had about six weeks to respond. A copy of
the response letter is contained within tonight's City Council packet.
M/Zirbes explained that the City Council created an Advisory Committee for
the proposed City of Industry project. Members have not been appointed
because the City of Industry has not yet identified what they plan to
construct. He said that he was comfortable with the City's responses to date.
5. SCHEDULE OF FUTURE EVENTS:
5.1 CONCERT IN THE PARK (LA Blues — Classic Rock/Latin) — July 21,
2004 — 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden
Springs Dr.
5.2 PARKS AND RECREATION COMMISSION MEETING — July 22,
2004 — 7:00 p.m., AQMD/Government Center Hearing Board Room,
21865 Copley Dr.
5.3 PLANNING COMMISSION MEETING — July 27, 2004 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.4 CONCERT IN THE PARK (Upstream — Caribbean) — July 28, 2004 —
6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr.
JULY 20, 2004 PAGE 4 CITY COUNCIL
5.5 Library Task Force Meeting (Final) — August 2, 2004 — 6:00 p.m.,
AQMD/Government Center Room CC -8, 21865 Copley Dr.
5.6 CITY COUNCIL MEETING — August 3, 2004 — 6:30 p.m.,
AQMD/Government Center, 21865 Copley Dr.
6. CONSENT CALENDAR: C/O'Connor moved, C/Chang seconded to
.approve the Consent Calendar as presented. Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, M/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Herrera
6.1 City Council Minutes:
6.1.1 Approved Adjourned Regular Meeting of June 29, 2004 — as
submitted.
6.1.2 Approved Study Session of July 6, 2004 — as submitted.
6.1.3 Approved Regular Meeting of July 6, 2004 — as submitted.
6.2 Planning Commission Minutes — Regular Meeting of June 22, 2004 —
Received and filed.
6.3 Traffic and Transportation Commission Minutes — Regular Meeting of
June 10, 2004 — Received and filed.
6.4 APPROVED VOUCHER REGISTERS dated July 8 and July 15, 2004
in an amount totaling $1,244,249.81.
6.5 REJECTED CLAIMS:
6.5.1 Filed by Joseph Randall Barksdale on June 29, 2004.
6.5.2 Filed by Julie Galindo on May 28, 2004
6.6 APPROVED EXTENSION OF CONTRACT WITH SOUTHLAND
SPORTS OFFICIALS FOR FY 2004-05 IN AN AMOUNT NOT -TO -
EXCEED $30,000.
6.7 APPROVED EXTENSION OF CONTRACT IN AN AMOUNT NOT -TO -
EXCEED $55,000 WITH JAMES B. CLARKE FOR LEGISLATIVE
ANALYSIS AND CONSULTING SERVICES.
6.8 APPROVED CONTRACT AMENDMENT NO. 4 WITH TRUGREEN
LANDCARE FOR THE FIRST SIX MONTHS OF FY 2004-05 IN THE
AMOUNT OF $101,690 WHICH INCLUDED A 3.7% C.P.I.
INCREASE; AND AUTHORIZED A $25,000 CONTINGENCY FOR
ADDITIONAL WORK THAT MAY BE ASSIGNED BETWEEN JULY 1
JULY 20, 2004 PAGE 5 CITY COUNCIL
AND DECEMBER 31, 2004.
6.9 ADOPTED RESOLUTION NO. 2004-41: CREATING A BOND
RETIREMENT RESERVE TO ACCELERATE THE REPAYMENT
OF THE 2002 LEASE REVENUE BONDS ISSUED BY THE
DIAMOND BAR PUBLIC FINANCING AUTHORITY.
6.9 ADOPTED CITY COUNCIL GOALS AND OBJECTS FOR FY 2004-
05.
6.10 APPROVED AMENDMENT TO THE FY 2004-05 CITY BUDGET
REGARDING THE PARKS CAPITAL IMPROVEMENT PROGRAM
TO ADD PANTERA PARK PICNIC SHELTERS AND REALLOCATE
SPECIAL FUND APPROPRIATIONS.
6.11 AWARDED CONTRACT FOR NEIGHBORHOOD TRAFFIC
MANAGEMENT PROGRAM (NTMP) TO KATZ, OKITSU &
ASSOCIATES (KOA) IN THE AMOUNT OF $64,980 AND
AUTHORIZED A CONTINGENCY AMOUNT OF $10,020 FOR
CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER,
FOR A TOTAL AUTHORIZATION AMOUNT OF $75,000.
6.12 RECEIVED AND FILED LETTER OF RESPONSE TO THE DRAFT
ENVIRONMENTAL IMPACT REPORT (DEIR) FOR THE PROPOSED
CITY OF INDUSTRY BUSINESS CENTER PLAN FOR
DEVELOPMENT,
7. PUBLIC HEARINGS:
7.1 CONSIDERATION OF RECOMMENDATION OF THE LOCAL LAW
ENFORCEMENT BLOCK GRANT (LLEBG) ADVISORY BOARD FOR
EXPENDITURE OF GRANT FUNDS IN THE AMOUNT OF
$11,376.20 FOR FY 2004-05.
DCM/Doyle reported that each year the City applies for Block Grant
funds and this year the City was allocated slightly more than $10,000,
a substantial reduction over last and prior year's allocations. He
indicated that once the allocation drops below $10,000 cities are no
longer eligible to receive these funds.
M/Zirbes opened the Public Hearing.
With no one present who wished to speak on this item, M/Zirbes
closed the Public Hearing.
C/Huff moved, C/O'Connor seconded, to approve expenditure of
LLEBG Grant Funds in the amount of $11,376.20 for FY 2004-05.
JULY 20, 2004 PAGE 6 CITY COUNCIL
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor,
M/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Herrera
7.2 (a) FIRST READING OF ORDINANCE NO. 05(2004):
APPROVING ZONE CHANGE NO. 2002-02 CHANGING THE
EXISTING ZONING FROM -A-1 -15,000 TO C-2 FOR A PROPERTY
OF APPROXIMATELY 2.22 ACRES IDENTIFIED AS APN 8763-007-
002 LOCATED AT 1035'/2 BANNING WAY.
(b) ADOPT RESOLUTION NO. 2004-42: APPROVING
CONDITIONAL USE PERMIT 2003-02, DEVELOPMENT REVIEW
NO. 2003-07, AND TREE PERMIT NO. 2004-05 ADOPTING
NEGATIVE DECLARATION NO. 2003-06,
A REQUEST TO CONSTRUCT A TWO-STORY COMMERCIAL
BUILDING OF APPROXIMATELY 52,000 SQUARE FEET WITH AN
UNDERGROUND PARKING GARAGE AND REMOVE AND
REPLACE ONE (1) OAK TREE AND TWO (2) PEPPER TREES. THE
PROJECT IS LOCATED AT 1035'/2 BANNING WAY (APN 8763-007-
002).
DCM/DeStefano explained the proposed project and stated that it met
or exceeded all City Code requirements in terms of parking, setbacks,
adherence to height requirements, landscaping requirements, etc.
Access to the Project would originate from Golden Springs Drive with
a secondary access from Banning Way. He further explained that the
existing Oak and Pepper trees proposed for removal and replacement
presented an obstruction to vehicle movement. As a result, nine trees
would be provided on-site or financial equivalent for replacement on
City property. In addition more than 100 trees, plants and shrubs
would be planted on the site in accordance with the proposed
landscape plan. The project's architecture was somewhat similar to
the adjacent buildings while offering an architectural scheme more
suitable to an office building. The building fronts Golden Springs Drive
and the architecture wraps all four highly visible sides. In accordance
with the City's review the developer would be required to contribute
$67,000 to relieve direct and area wide traffic impacts. In addition, the
developer would contribute approximately $33,000 toward the future
Banning Way signal, if implemented.
DCM/DeStefano reported that staff reviewed this project taking into
consideration the worst-case scenario to ensure sufficient access
points and parking spaces in case of a freeway on-off ramp at Lemon
Avenue. Staff believed that through incorporated modifications and
proposed conditions that all environmental issues had been
JULY 20, 2004 PAGE 7 CITY COUNCIL
satisfactorily concluded without a mitigation program for the project.
The Planning Commission concurred with staff's recommendation that
the proper zoning for the project should be C-2 and ultimately the
developer concurred. As a result, the Planning Commission
recommended City Council approval of the Resolution, CUP,
Development Review, Tree Permit and Negative Declaration. Staff
recommends that the City Council approve First Reading of the
Ordinance changing the zone and adopt the inclusive Resolution.
M/Zirbes opened the Public Hearing.
Myung Chung, applicant and project architect, thanked staff for their
report and recommendation and thanked the property owner for his
patience in pursuing the proper zoning. He reiterated that the project
met and exceeded the City's codes and necessary mitigation had
been addressed. He said the project would be aesthetically pleasing
to the surrounding area, and that the applicant had read staff's report
and concurred with the conditions of approval. He asked for Council's
approval.
M/Zirbes closed the Public Hearing.
C/Chang was pleased the developer agreed to the C-2 zone change
and felt the project would be a welcome addition to the City.
C/Chang moved, C/Huff seconded, to approve First- Reading of
Ordinance No. 05(2004) approving Zone Change No. 2002-02 and
adopt Resolution No. 2004-42 approving Conditional Use Permit No.
2003-02, Development Review No. 2003-07, Tree Permit No. 2004-05
and adopt Negative Declaration No. 2003-06. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor,
M/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Herrera
C/O'Connor welcomed the developer and potential businesses. She
said she looked forward to a new restaurant.
C/Chang asked the developer to follow the City's Sign Ordinance.
DCM/DeStefano stated that at the appropriate time the Planning
Commission would consider a separate sign package from the
developer.
JULY 20, 2004 PAGE 8 CITY COUNCIL
8. COUNCIL CONSIDERATION
8.1 (a) ADOPT RESOLUTION NO. 2004-43: ADOPTING THE SPEED
ZONE SURVEY.
(b) APPROVE FIRST READING OF ORDINANCE NO. 06(2004):
AMENDING SECTION 10.12.310 OF THE DIAMOND BAR CITY
CODE REGARDING PRIMA FACIE SPEED LIMITS UPON CERTAIN
CITY STREETS.
PWD/Liu introduced Warren Siecke who provided a presentation on
the Citywide Speed Zone Survey. He noted a correction on Page 5,
Paragraph 1 to wit: The speed zone survey needed to be updated
every seven years instead of every five years. He explained that the
reason for surveys was to justify established speed limits primarily on
arterial streets. Typically, speeds would be at the court required 85
percentile unless the street had seen a higher than typical accident
rate. In summary, he recommended 10 segments for a decrease in
speed limit and one for an increase with the balance of the streets to
remain as is.
C/O'Connor wanted confirmation that if the City reduced speeds in
areas favored for enforcement by the Sheriff's Department that the
City could point to the survey to justify the conclusion that the areas
were not considered "speed traps."
Mr. Siecke confirmed her statement.
M/Zirbes wanted to know why the survey recommended leaving the
speed limit at 45 mph on Pathfinder Road because there were a lot of
students in the D.B.H.S. area and the major approach to D.B.
provided downhill momentum for traffic approaching Diamond Bar
Boulevard. Given the high accident factor why would the survey
recommend leaving the speed at 45 mph instead of reducing the
speed to 40 mph?
Mr. Siecke explained that another factor used in setting speed limits
was to make sure that short areas were not hindered by lower speed
limits that created speed traps. Engineers try to maintain continuity
between adjacent zones and in this case, the area west of Evergreen
Springs was 45 mph with no accidents. However, if directed by the
Council to do so, he could justify a 40 mph speed limit in that
immediate area.
M/Zirbes said he was not looking at one particular area but at accident
rates citywide. He felt that a 40 mph speed limit would be more
consistent for Pathfinder Road given the number of students present,
the volume of traffic and the high accident rate.
JULY 20, 2004 PAGE 9 CITY COUNCIL
Mr. Siecke said he would concur with M/Zirbes that the entire length of
Pathfinder Road from Evergreen Springs to Diamond Bar Boulevard
could be posted at 40 mph due to the higher accident rate.
C/O'Connor pointed out that several other streets had higher accident
rates than Pathfinder Road and it appeared to her that in this case the
City would not be consistent in its application if the posted limit for
only one street were changed. She felt that CA/Jenkins should
comment on this matter.
Mr. Siecke suggested that the entire matter be reconsidered because
arbitrary changes would likely be challenged in Court. In the case of
Pathfinder Road he felt there was sufficient justification whereas there
may not be justification to change other streets.
C/O'Connor agreed with M/Zirbes about Pathfinder Road but felt if the
City were willing to reduce the speed limit on a street with an accident
rate of 1.79, the area from Peaceful Hills to Brea Canyon with an even
higher accident rate would also qualify for a speed reduction. She felt
that the Council should move on the advice of the consultant and not
second-guess his recommendations.
Mr. Siecke stated that M/Zirbes' recommendation was logical and that
other areas of the City would not necessarily meet the criteria for
change.
C/Huff agreed that the matter deserved more attention by the Council
and further study by staff. He suggested the matter be continued.
There was no one present who wished to speak on this item.
C/O'Connor concurred with C/Huff's recommendation to receive
additional input and asked staff to provide information about the
number of tickets issued in the areas contemplated for reduction of
speed.
C/Huff moved, M/Zirbes seconded, to continue the item to the August
3 Study Session and regular meeting. Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor,
M/Zi rhes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Herrera
JULY 20, 2004 PAGE 10 CITY COUNCIL
8.2 WASTE MANAGEMENT SERVICES' RESIDENTIAL TRASH RATE
ADJUSTMENT FOR CONSUMER PRICE INDEX (CPI) COSTS.
CM/Lowry stated that Council previously approved a rate increase for
Valley Vista. The City allows an annual CPI and disposal cost
adjustments as well as extraordinary adjustments as needed. The City
Manager has authority to approve a CPI adjustment only. Waste
Management requested a CPI adjustment and a disposal adjustment.
The issue was that the way the contract was written the manner in
which the increase could be awarded was if the rates for disposal
increased. Ironically, Waste Management managed their disposal by
taking it to more than one disposal site and because of their
management they had not experienced a rate increase this year
unlike the other hauler. They had, however, experienced an increase
in their disposal cost because the City's tonnage increased by 10
percent. Staff worked with Waste Management to determine the
issues that contributed to the increase of the amount of disposal
tonnage and absent that information, staff was unable to ascertain the
reason for the increase. However, Waste Management had
experienced an $80,000 increase in costs and by awarding them the
CPI the City would be passing along only 50 percent of the ability to
recapture the increase. Staff would continue to pursue the reason for
the increase.
C/Huff commented that with a better economy the public's
consumption of goods had likely increased thereby increasing the
amount of waste..
CM/Lowry said that staff was concerned that in order to get through
last year's rate adjustment process the formula was amended and
staff would be looking to amend the language of the formula this year
to provide the City with another approach to adjusting the rates and
rather than come to the Council every year staff proposed to look at
long-term solutions for helping the City's waste managers recover
their costs.
C/Chang moved, C/Huff seconded, to Receive and File staff's report.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor,
Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Herrera --
JULY 20, 2004 PAGE 11 CITY COUNCIL
9. COUNCIL SUBCOMMITTEE REPORTSICOUNCIL MEMBER COMMENTS:
C/O'Connor congratulated Asst. City Clerk Cribbins on reaching her 15 -year
milestone with the City. She announced that D.B. lost a great citizen and
volunteer last week and asked that tonight's meeting be adjourned in
memory of Dr. Gerald Zunino.
C/Huff offered no comments.
C/Chang said he shared his fellow Council Member's comments.
M/Zirbes congratulated Tommye Cribbins on her 15 years of service to the
City. He thanked those present and those watching tonight's meeting for their
participation and invited residents to stay in touch with Council Members and
in tune with community happenings.
10. ADJOURNMENT: There being no further business to conduct, M/Zirbes
adjourned the meeting at 8:37 p.m. in memory of Dr. Gerald Zunino.
1�1� e4i��
L DA C. L.OWRY, CIV CLERIC
The foregoing minutes are hereby approved this3rd day of . Auaust ,
2004.
BO S, MAYOR