HomeMy WebLinkAbout2/1/2005 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY C UNCIL STUDY SESSION
F BRUARY 1, 2005
STUDY SESSION: Mayor Chang called the Study Session to order
M
at 6:15 p.m. in Room CC -8 f the South Coast Air Quality Management
District/Government Center, 218 5 Copley Dr., Diamond Bar, CA.
Present: Council Members Herrera, Zirbes, Mayor Pro
Tem O'Connor and Mayor Chan .
Staff Present: Linda Lowry, City Manager; Michael Jenkins,
City Attorney; David Doyle, Assistant City Manager and Acting City Clerk; David
Liu, Director of Public Works; Bob. Rose, Community Services Director; Nancy
Fong, Planning Manager.
101. Discussion of Ordinance No. 0X(2005) Adopting Development Code
Amendment No. 2005-01 Regarding Diamond Bar Municipal Code
Section 22.36 relating to the Substitution of the Substitution of Non -
Commercial Messages for On -Site Signs.
PM/Fong reported that tf
substitute the commercial
Joe's Sandwich Shop me
like "Vote for Bush" or
substitution clause in pial
that could invalidate its
Commission, upon review
approval.
substitution clause allows the sign owner to
rith a non-commercial message. For example,
be replaced with a non-commercial message
lesus Saves." The City needs to have the
so that it is not subject to frivolous lawsuits
code. At a recent meeting, the Planning
f the sign ordinance, voted 3-1 to recommend
CA/Jenkins explained that he expected that adoption of the ordinance
would not change the Ian scape and would simply add a clause to the
Municipal Code that would afford the City legal protection in the event of a
legal challenge to the Sign Ordinance..
CA/Jenkins responded to PT/O'Connor's question about whether 100
percent of a sign could be in a foreign language that the Ordinance
requires some of the lettering to be in English in order to provide
notification of the nature of he business and the address of the business
for public safety reasons.
MPT/O'Connor said that if
Earth" it would not provide I
not lend itself to the public
ordinance provided certain
valid and met the public se
ordinance was defensible ar
a business owner chose to put "Peace on
ie name or nature of the business and would
afety concerns. CA/Jenkins believed that the
)asic information to be in English remained
ety issue. He also believed that the current
1 enforceable on public safety grounds.
FEBRUARY 1, 2005 PAGE 2 CC STUDY SESSION
PM/Fong said that some of the older signs might not be up to code and as
the business owners come tote City to renew their signs they are
instructed to add the address to their monument signs.
Public Comments: None Offered
ADJOURNMENT: With no further business to come before the City
Council, M/Chang adjourned the Study Session at 6:30 p.m.
Li da C. Lowry, City Cl
The foregoing minutes are hereby approved this 15, hday of Feh� ruarv2005.
WEN CHANG, Mayor
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 1, 2005
CLOSED SESSION: 5:30 p.m., Room CC -8, SCAQMD/Government
Center Building, 21825 Copley Drive, Diamond Bar, CA 91765
• Government CodeSection 54957 Public Employee Evaluation
Title: City Manag r
STUDY SESSION: Mayor Chang called the City Council Study
Session to order at 6:15 p.m. in oom CC -8 of the SCAQMD/Government Center
Building, 21825 Copley Drive, D amond Bar, CA 91765
111. Discussion of Ordinance No. 0X(2005) Adopting Development Code
Amendment No. 2305-01 Regarding Diamond Bar Municipal Code
Section' 22.36 re ating to the Substitution of Non -Commercial
Messages for On- ite Signs.
M/Chang adjourned the Study
CALL TO ORDER:
meeting to order at 6:35 p.m. in
21865 Copley Dr., Diamond Bar,
PLEDGE OF ALLEGIANCE:
INVOCATION:
gave the invocation.
on to the Regular Meeting -at 6:30 p.m.
Mayor Chang called the regular City Council
The Government Center/SCAQMD Auditorium,
CA.
C/Herrera led the Pledge of Allegiance.
Ahmad H. Sakr, PhD, Islamic Education Center
ROLL CALL:
Pro Tem O'Connor and Mayor C ang.
Staff Present:
Attorney; James DeStefano, Asr
Manager and acting City Clerk;
Community Services Director; Kei
Fong, Planning Manager; Mars
Magnuson, Finance Director and
APPROVAL OF AGENDA:
SPECIAL PRESENTATIO
Council Members Herrera, Zirbes, Mayor
Linda Lowry, City Manager; Michael Jenkins, City
stant City Manager; David Doyle, Assistant City
)avid Liu, Director of Public Works; Bob Rose,
Desforges, Information Systems Director; Nancy
ia Roa, Public Information Coordinator; Linda
Joan Chavez, Office Assistant Il.
As Presented.
, CERTIFICATES, PROCLAMATIONS:
1.1 Introduced Ken Des orges, Information Systems Director.
1.2 Proclaimed Februa 4, 2005 as "Go Red for Women" Day.
FEBRUARY 1, 2005 PAGE 2 CITY COUNCIL
1.3
1.4
Presentation by Deputy Wright on the Castle Rock Elementary School
Tsunami Relief Effort.
Presentation by ACE — Brea Canyon Road Grade Separation Project.
DPW/Liu introduced Rick Richman, Alameda Corridor East who
explained that the project iad been rescued in part by the MTA's
advancement of funds in ate 2004 permitting the reactivation of
certain projects including tf e Brea Canyon Road Grade Separation
Project. He introduced Girs Roy, Project Manager.
Girsh Roy explained the
proposed Brea Canyon Road Grade
Separation Project using overhead
projections. He reported that the
project extends from Spanish
Lane on the north to about 480 feet
south of Washington Street
on the south with Union Pacific Railroad
running over the traffic lanes.
The completed roadway project will
have three traffic lanes in
ach direction with left turn pockets at
Washington Street and Cur
ier Road and raised sidewalks on both
sides of Brea Canyon Road
s well as access to the Metrolink station
from both sidewalks. The area
will be landscaped and provide street
lighting. Brea Canyon Road
will be lowered under the UPRR tracks 26
feet from its present grade el
vation; Currier Road will be lowered 13
feet from its present grade
at Brea Canyon Road and Washington
Street will be lowered about
12 feet from its present grade at Brea
Canyon Road. The median
and side hill slope easements will be
landscaped and the porlioi
of the Metrolink Station taken for
construction will be restored
o its original condition upon completion
of the project. During construction
Brea Canyon Road will be closed
and a "flyover" will be built to
divert the train during the construction
phase from Brea Canyon Road
south at Washington Street into the
Metrolink station allowing full
access to Metrolink riders from Brea
Canyon Road south. Traffic v
till be diverted via Fairway, Lemon and
Grand north and south and Colima
Road and Valley Blvd. east and
west. The construction schec
ule is as follows: Advertise and Award
June 2005 through Septemb
r 2005; Notice to Proceed Fall 2005,
Construction Fall 2005 through
Fall 2007 and Brea Canyon Detour to
commence early 2006 through
mid 2007. The Caltrans ramp
construction on Brea Canyon
Road and Grand Avenue will be
completed prior to the closure
Separation Project.
of Brea Canyon Road for the
Mr. Richman stated that ACE ould hold a community open house at
Walnut Elementary School in A larch to advise the projects to residents
living in the surrounding area and when actual construction
commences ACE will keep the City and the residents aware of each
phase of work.
C/Zirbes recommended that ACE work closely with City staff to ensure
FEBRUARY 1, 2005 PAGE 3 CITY COUNCIL
minimal impact to sidents and make to certain that truck traffic does
not get off the free ay and onto Golden Springs Drive. Truck traffic
should leave the freeway at Grand Avenue and head into the City of
Industry or continu along the SR 60 and exit at Fairway to enter the
City of Industry.
Mr. Richman assu ed C/Zirbes that ACE had been working closely
with staff and would continue to do so to provide the least amount of
impact to D.B. residents as construction proceeds.
C/Herrera thanked Mr. Richman and Mr. Roy for their presentation
and asked that they provide staff with sufficient information for display
on DBTV 3 well in advance of closures to minimize major impacts and
enhance traffic flow. Mr. Richman assured C/Herrera that advance
notice would be pro ided. In addition, the permitting approval process
would assure advance notice to the City.
M/Chang reiteratedl that Council would like for ACE to work closely
with staff to ensure inimal traffic impacts. He said that the City would
look forward to co pletion of the project.
BUSINESS RECOGNITIO
1.5 Presented City Ti
Insurance Agency.
to Shelly Meade, owner of Meade/Farmer's
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Lowry recommended
Calendar Item 6.8.
PM/Fong reported on the
Program that was initial
Enforcement for the Neighl
procedures and penalties
onboard to handle the anti
were conducted, 8,534 in
staff to issue courtesy ci
cooperation. The majority
notices issued were directe
the front yard areas. Anott
were for encroachment will
areas of investigation were
signs.
Council receive a full report on Consent
progress of the Neighborhood Improvement
,d in 2002 to establish priorities for Code
orhood Improvement staff, refine administrative
for compliance and bring the City Prosecutor
;ipated caseload. In 2002, 7,199 investigations
003 and 10,417 in 2004. By 2004 the need for
ations declined due to increased community
(approximately 45.7 percent) of the courtesy
I toward debris and/or trash bins exposed within
er 20.8 percent of the courtesy notices issued
in the public streets and sidewalk areas. Other
poor or no landscaping" within yards and illegal
Fong continued discussi g other related programs that aided the
Neighborhood Improveme t Program included the Home _Improvement
Program. With the assistance of CDBG monies 11 projects were completed
3.
9
5.
FEBRUARY 1, 2005 PACE 4 CITY COUNCIL
with expenditures in excess of $1
pre -construction phase, four in bid
with seven additional projects on 1
the Neighborhood Improvement
Program and the Graffiti Remo,
projects and explained how the pr(
to ensure the continued imnroverr
C/Zirbes stated that in 2002 the p
than reactive basis. He asked if s,
when the program was administer
due to the record keeping practi
compile statistics and make a cor,
the proactive period.
C/Zirbes further stated that he and
the past three years.- At the begin
Enforcement officers operating of
happy with the improvements in the
to be blighted areas in the City, the
apparent. It is encouraging to note
made 10,500 visits and wrote only
verifies community support for the r
their continued support of the progi
M/Chang thanked residents for the
enforcement and asked residents fc
be alarmed about 10,000 investiga
into the category of "oversight." He
to help keep D.B. a better place to
immediately and proper mainte
neighborhood.
PUBLIC COMMENTS: I
RESPONSE TO PUBLIC COMMS
SCHEULE OF FUTURE EVENTS:
5.1 PUBLIC SAFETY COMMIT
D.B./Walnut Sheriff Station,
5.2 PLANNING COMMISSION II
AQMD/Government Center ,
12,000. At this time, eight projects are in
chase and two projects under construction
ie waiting list. Other programs that aided
Program include the Street Sweeping
sl program. PM/Fong cited successful
)ram would continue on a proactive basis
-nt of residential properties in the City.
ram commenced on a proactive rather
3tics were available for 2000 and 2001
on a reactive basis. PM/Fong said that
in 2000 and 2001, it was difficult to
prison between the reactive period and
M/Chang had worked on the program for
ling there were one and one-half Code
i a reactive basis. Many residents are
r neighborhood, and while there continue
success of the program in those areas is
hat during last year alone, staff members
3,000 courtesy notices, a statistic that
rogram. He thanked staff and Council for
assistance and cooperation with code
their feedback. He asked citizens not to
Dns because most of the statistics fell
yid that the purpose of the program was
,e: Residents usually correct problems
Ance helps to create a friendlier
e Offered.
None
EE — February 7, 2005 — 7:00 p.m.,
1695 E. Valley Blvd.
EETING — February 8, 2005 — 7:00 p.m.
uditorium, 21865 Copley Dr.
FEBRUARY 1, 2005 PAGE 5 CITY COUNCIL
5.3 TRAFFIC AND T ANSPORTATION COMMISSION MEETING —
February I 2005 — 7:00 p.m., AQMD/Government Center Hearing
Board Room, 218 5 Copley Dr.
5.4 CITY COUNCIL CANDIDATE FILING PERIOD - February 14, 2005 —
March 11, 2005.
5.5 CITY COUNCIL MEETING - February 15, 2005-6:30 p.m.,
AQMD/Governmerlt Center Auditorium, 21865 Copley Dr.
5.6 PRESIDENT'S HOLIDAY— City Off ices closed Monday, February 21,
2005 in observance of President's Day. City offices will reopen
Tuesday, February 22, 2005 at 7:30 a.m.
5.7 HOUSEHOLD HAZARDOUS WASTE ROUND -UP — Saturday,
February 26, 2005 :00 — 3:00 p.m., 1300 block of Bridgegate Dr.
6. CONSENT CALENDAR: C/Zirbes moved, C/Herrera seconded to approve
the Consent Calendar as presented. Motion carried by the following Roll Call
vote:
AYES: COUNCIL M MBERS: Herrera, Zirbes, MPT/O'Connor,
M/Chang
NOES: COUNCIL M MBERS: None
ABSENT: COUNCIL M MBERS: None
6.1 CITY COUNCIL MINUTES
6.1.1 Study Session of January 18, 2005 —As Submitted.
6.1.2 Regular Meeting of January 18, 2005 -- As Submitted,
6.2
6.3
on
6.5
RECEIVED AND FILED PLANNING COMMISSION MINUTES —
Regular Meeting of December 14, 2004.
RECEIVED AND (FILED TRAFFIC AND TRANSPORTATION
COMMISSION MINUTES — Regular Meeting of November 9, 2004.
RATIFIED CHECK REGISTER— containing checks dated January27,
2005 in a combined amount of $913,782.01.
RECEIVED AND FI
December 2004.
TREASURER'S STATEMENT — month of
6.6 REJECTED CLAIM ICOR DAMAGES — filed by Jesus S. Trinidad on
January 14, 2005.
7
FEBRUARY 1, 2005 PACE 6 CITY COUNCIL
6.7 (a) ADOPTED RESOLL TION NO. 2005-09 ORDERING THE CITY
ENGINEER TO PREPARE- AND FILE A REPORT RELATED TO
MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF
DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND ANY
ASSESSMENT THEREON FOR FY 2005-06.
(b) ADOPTED RESOLUTION NO. 2005-10 ORDERING THE CITY
ENGINEER TO PREPARE: AND FILE A REPORT RELATED TO
MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF
DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY
ASSESSMENT THEREON FOR FY 2005-06.
(c) ADOPTED RESOLUTION NO. 2005-11 ORDERING THE CITY
ENGINEER TO PREPARE AND FILE A REPORT RELATED TO
MAINTENANCE OF PUBL C IMPROVEMENTS IN THE CITY OF
DIAMOND BAR ASSESS AENT DISTRICT NO. 41 AND ANY
ASSESSMENT THEREON FOR FY 2005-06.
6.8 RECEIVED NEIGHBORH
HOME IMPROVEMENT P
6.9 ADOPTED RESOLUTION
MUNICIPAL BUDGET AM
6.10 RATIFIED AN AWARD OF
SPECIALIST FOR EM
PROTECTION AND APPR
GENERAL FUND.
6.11 AWARDED CONSTRUCTI(
$269,327 PLUS 10% CONTI
A TOTAL AUTHORIZATIC
CONSTRUCTION, INC.
IMPROVEMENTS AT STAI
ALLOCATION OF $92,521
THE PROJECT.
PUBLIC HEARINGS:
7.1 FIRST READING OF OR
DEVELOPMENT CODE AM
DIAMOND BAR MUNICIPAL
THE SUBSTITUTION OF N
ON-SITE SIGNS.
D IMPROVEMENT PROGRAM AND
GRAM STATUS REPORT.,
D. 2005-12 APPROVING FY 2004-05
DMENT.
'ONTRACT TO EROSION CONTROL
RGENCY TEMPORARY STORM
PRIATIONS OF $43,500 FROM THE
N CONTRACT IN THE AMOUNT OF
IGENCY AMOUNT OF $26,932.70 FOR
J OF $296,259.70 TO CS LEGACY
FOR CONSTRUCTION OF
SHINE PARK, AND APPROVED AN
F PROP 40 FUNDS TO FULLY FUND
INANCE NO. 02(2005 ADOPTING
NDMENT NO. 2005-01 REGARDING
:ODE SECTION 22.36 RELATING TO
�N-COMMERCIAL MESSAGES FOR
PM/Fong reported that the proposed sign ordinance change is a result
of advise from the City Attorney to add a substitution clause allowing a
sign owner to substitute the commercial sign language with non-
FEBRUARY 1, 2005 PAGE 7 CITY COUNCIL
commercial mess a e. Courts have stated that an ordinance cannot
force a preference or commercial messages. The substitution clause
must be in place to prevent the City being at risk for frivolous lawsuits
that could invalidate the sign Ordinance in our Municipal Code. Upon
review of the rec mmended change to the sign ordinance the
Planning Commission recommended approval by a 3-1 vote.
M/Chang opened the Public Hearing.
With no one preset who wished to speak on this item, M/Chang
closed the Public H arina_
C/Zirbes said that h did not necessarily agree with the reason for the
change but unders ood the need to change the sign ordinance in
order to validate and protect the City's Sign Ordinance as
recommended by tt e City Attorney.
C/Zirbes moved, C Herrera seconded, to approve First Reading of
Ordinance 02(2006 adopting Development Code Amendment No.
2005-01 regarding Diamond Bar Municipal Code Section 22.36
relating to the substitution of non-commercial messages for on-site
signs.
M/Chang stated that whether or not there was agreement with the
substitution the City must protect itself by following the law. He
encouraged every property owner to continue displaying proper
signage containing verbiage that compiled with the ordinance for
safety purposes.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Zirbes,
MPT/O'Connor, M/Chang
NOES: COUN IL MEMBERS: None
ABSENT: COUN IL MEMBERS: None
8. COUNCIL CONSIDERA'
None
9. COUNCIL SUBCOMMITTEE REPORTSICOUNCIL MEMBER COMMENTS:
MPT/O'Connor announced hat at her request the Diamond Bar Community
Foundation approved and a 3tablished a Landslide Relief Fund at PFF Bank
at Grand Ave. and D.B. Blvd. Mitigation is expected to cost about $600,000
and the cost for mitigation is borne by the residents. The $40,000 earlier
approved by the City Council was for placement of sandbags and tarps to
protect the hillsides and the affected property owners and the homeowners
would reimburse the City for this advance payment at the appropriate time.
Homeowners' policies don t provide coverage and therefore the
FEBRUARY 1, 2005 PAGE 8 CITY COUNCIL
homeowners are obligated to pay the entire amount'for mitigation. Anyone
wishing to help the homeowners should make their checks payable to the
Diamond Bar Community Foundation, P.O. Box 4697, D.B. 91765 and
designate the donation to the "Landslide Relief Fund." Two organizations
have donated over $1,000 to the fund. MPT/O'Connor announced that March
is Girl Scout Cookie sales month and she asked residents to please support
the Girl Scouts in their effort.
C/Herrera remarked on the value of grade separation projects such as the
Brea Canyon Road project, especially in fight of the recent and terrible train
wreck. Although the project was contemplated to last for two years it would
bring a substantial increase in safety, improved air quality and vehicular
movement. Truck congestion delays traffic and increases air pollution. The
grade separation will increase then mber of trains that can move goods from
the ports and thereby dramatica[y reduce the number of trucks on the
freeways. D.B. residents have deal with a lot of inconvenience as a result of
the current SR57/60 project. The roject is ahead of schedule and should
conclude the summer of 2006. It is unfortunate that the two projects collide
but completion of both will result in tremendous improvements for the area.
C/Herrera stated that she serves on the T.J. Pendergast Parole Museum
Board. The museum is dedicated to honoring parole officers in the State
Department of Corrections. Sheannounced that the museum will unveil a
new exhibit on February 15 high ighting women in parole. She invited
everyone to attend the unveiling from 12 noon to 3:00 p.m. at 21015
Pathfinder Road, Suite 200. Sadly the husband of Walnut School Board
member Helen Hall passed away last week, and she asked that tonight's
meeting be adjourned in memory ol Bill Hall.
C/Zirbes said that it had been a bu;
the Library Task Force met and pron
State about the library grant funds s
p.m. at the SCAQMD. The task fo
improve the current facility in the she
facility adjacent to the Diamond Bar i
open and the public is welcome to s
implementing some of the task force
provided at the March 8 meeting. f
dedication at the Ralphs Center at G
D.B.'s history. During his tenure on ti
with the property owner to get the wii
Breakfast Lions and the D.B. Historic
the site and spoke to the history of tl
report to Council to determine whethc
landmark to preserve it in perpetuity.
Society for bringing the site and its F
y month for the City Council. Last year
ised to reconvene after hearing from the
a meeting was set for March 8 at 6:30
ce will focus on what can be done to
rt term while generating ideas for a new
,enter in the longer term. The meeting is
ibmit their ideas. The library has begun
'ecommendations and an update will be
e spoke about attending the Windmill
and Ave and D.B. Blvd, a monument to
e D.B.I.A. he joined in a project to work
dmill operating. Last Saturday the D.B.
al Society placed a dedication plaque at
e windmill. He asked staff to provide a
r the site could be declared an historical
le thanked the Lions and the Historical
story to the attention of the residents.
M/Chang agreed with C/Zirbes tha the windmill should be declared an
historical landmark and he felt that it should be moved to the Diamond Bar
FEBRUARY 1, 2005 I PAGE 9 CITY COUNCIL
10.
2005.
Center site. He thanked Mike Shay for hosting the college preparatory
seminar at the D.B.H.S. T ieater two weeks ago, and said he was pleased to
receive a thank you letter from the winner of his scholarship endowment. He
said he looked forward to oining with other task force members to find a way
to build a new library. He spoke about Partners in Education led by Dr. Ortiz,
President of CalPoly Porriona and Dr. Bissell, the Dean of Education. The
organization partners larg a organizations with the college with emphasis on
helping students with their after school programs. Anyone who is interested in
participating could contact him or CalPoly. M/Chang stated that for those who
celebrate the event he wished them a very, very happy Lunar New Year and
invited everyone to attend the February 12 celebration at D.B.H.S. beginning
at 9:30 a.m.
ADJOURNMENT: With no further business to conduct, M/Chang adjourned
the meeting at 7:45 p.m. in memory of Bill Hall.
t.
LI A C. LOWRY,Y C ERK
The foregoing minutes are hereby approved this 15thday of February ,
WEN CHANG, MA