HomeMy WebLinkAbout3/1/2005 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETI G OF THE CITY OF DIAMOND BAR
MARCH 1, 2005
CALL TO ORDER: Mayor Chang called the Regular City Council
meeting to order at 6:35 P.M. n The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Ba, CA.
PLEDGE OF ALLEGIANCE: Girl Scout Troop 456 led by Rosemary Oliver
presented the Colors and led thePledge of Allegiance.
INVOCATION: Pastor Bob Stebe, Northminster Presbyterian
Church gave the invocation.
ROLL CALL: Council Members Herrera, Zirbes, Mayor
Pro Tem O'Connor and Mayor hang.
Staff Present: Linda Lowry, City Manager; Michael Jenkins, City
Attorney; James DeStefano, Assistant, City Manager; David Liu, Director of Public
Works; Bob Rose, Community Services Director; Nancy Fong, Planning Manager;
Linda Magnuson, Finance Director; Ken DesForges, IS Director and Tommye
Cribbins, Executive Assist.
APPROVAL OF AGENDA:
attention on Monday after the me
The item is entitled "Amendment:
130 Entitled Designation of Appl
Office of Emergency Services thi
being filed with them. The form nE
the City's request for emergency
addition of this item to the Conse
CM/Lowry announced that an item came to staff's
eting agenda was posted on the previous Friday.
to State Office of Emergency Services Form No.
cants Agent Resolution." According to the State
item needs to be approved by Council prior to it
reds to be updated and is a necessary element of
services. Staff requests that Council approve the
it Calendar as Item 6.1 o.
C/Zirbes moved, MPT/O'Connor seconded, to add Consent Calendar Item 6.10.
Without objection, the motion was so ordered.
CM/Lowry recommended Cou
1. SPECIAL PRESENTA
1.1 MPT/O'Connor p
Leader for Troop
Girl Scout Week.
move Item 8.1 to Consent Calendar Item 6.11.
S, CERTIFICATES, PROCLAMATIONS:
ited a Proclamation to Rosemary Oliver, Troop
proclaiming the Week of March 6-12, 2005 as
NEW BUSINESS RECOGNITION:
1.2 M/Chang presenteCity Tile to Dexter Mason representing Rite-Aid
as Business of the Month — Mr. Mason presented a business video.
MARCH 1, 2005 PAGE 2 CITY COUNCIL
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Lowry spoke about storm darr age in D. B. Since the last Council Meeting
the City suffered a significant number of rainstorms and received more than
35 calls from residents who had experienced flooding and mudslides. A new
area of concern was on Bronze Knoll where a LA Public Works drain failed
due to excessive debris buildup that resulted in serious flooding to two
residences, one of which was yellow -tagged. The five other homes that
experienced earlier mudslide damage suffered further damage when the
current mudslide moved once again. Damage to public property has been
controlled. The Sycamore Canyon Park stream moved a substantial amount
of debris and the park was floodec to a certain extent causing closure of the
park that has since reopened. Staff continues to work with property owners
and LA County Department of Public Works to assure progress. It is a difficult
situation for homeowners becaus3 the City's ability to assist them is very
limited since the homes reside on private property.
3. PUBLIC COMMENTS:
Item 6.11. She asked Council to in
City be removed from the San Gal
Study because although land use
jurisdictions, the study could cause
Further, boundaries of the study ar,
total impact on the quality of life in tl
that there was no consideration gi
total lack of discussion regarding tr
be the vehicle for denying D.B. a b
.ydia Plunk spoke about Consent Calendar
tract staff to respectfully request that the
riel River Watershed Special Resources
planning was the responsibility of local
:he federalization of the decision-making.
a are excessive and not respectful of the
is District. She was especially concerned
en to the many potential impacts and a
insportation. In short, she felt this would
pass roadway.
Chuck Martin, 444 Red Cloud, said he appreciated the opportunity to speak
with the Council this evening in order to clarify his standing. Former Council
Member Eileen Ansari publicly accused him of not being truthful about her
assertions about Joe and Lois McManus and the PAC being investigated for
wrongdoing. Mrs. Ansari also included an illusion of impropriety about current
Council Members and he appreciated C/Herrera clearing the record on the
matter. After the Council Meeting Mrs. Ansari told him that she did not say
that Joe McManus was being investigated. A few weeks ago Eileen Ansari
told this Council and the public that ipon checking her notes, she found that
Mr. Martin was wrong and Mrs. Anc, ari was correct. He said he had a video
proving the aforementioned and bec ged the Council to show it. Being denied
the opportunity, Mr. Martin said he felt it was unfair that he not be allowed to
present his proof on this matter. He said that in his opinion, Mrs. Ansari has
the right to speak, but she does not have the right to smear Council
candidates, Council Members and itizens.
Marie Buckland said she was disgu
to attack a citizen. Mrs. Ansari was
for City Council, and Mrs. Buckla
attacking Mrs. Ansari.
f that anyone would use this platform
iously attacked during her campaign
felt it was time for people to stop
MARCH 1, 2005
PAGE 3
CITY COUNCIL
Eileen Ansari said she did not hear a prior speaker because she was
attending another meeting. She offered to provide the text of her public
comments to Mr. Martin. She said she had nothing against Joe and Lois
McManus but did not agree with their PAC group, she said that citizens could
investigate the matter for themselves. She said the only problem she had
with the individuals in the PAC was when they put out negative information
about her when she was a candidate and then turned around and wanted to
serve the City as a Counc 1 Member. She did not believe individuals who put
out negative information hould be selected to serve as Council Members.
4. RESPONSE TO PUBLIC COMMENTS: None
5. SCHEDULE OF FUTURE EVENTS:
5.1 PUBLIC SAFETY COMMITTEE MEETING - March 7, 2005 — 7:00
P.m., Diamond Ba/Walnut Sheriff Station, 21695 E. Valley Blvd.
Walnut
5.2 PLANNING COMMISSION MEETING — March 8, 2005 — 7:00 p.m.,
Auditorium, AQMD/ overnment Center, 21865 Copley Dr.
5.3 LIBRARY TASK FORCE MEETING — March 8, 2005 - 6:00 p.m.,
Room CC -8, AQMD Government Center, 21865 Copley Dr.
5.4 TRAFFIC AND TRA14SPORTATION COMMISSION — March 10, 2005
— 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865
Copley Dr.
5.5 CITY COUNCIL MEETING
— March 15, 2005 — 6:30 p.m., Auditorium
— AQMD/Governme
t Center, 21865 Copley Dr.
5.6 CITY COUNCIL CANDIDATE
FILING PERIOD - February 14, 2005 —
March 11, 2005.
S. CONSENT CALENDAR:
/Zirbes moved, C/Herrera seconded to
approve the Consent Calendar
with the exception of Item 6.5. Motion
carried by the following Roll
Call vote:
AYES: COUNCIL ME
BERS: Herrera, Zirbes, MPT/O'Connor,
NOES: COUNCIL ME
BERS: Noneang
ABSENT: COUNCIL MEMBERS:
None
6.1 RECEIVED AND ILED TRAFFIC AND TRANSPORTATION
MEETING MINUTES Regular Meeting of January 13, 2005.
MARCH 1, 2005 PAGE 4 CITY COUNCIL
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES
6.2.1 Regular Meeting of January 25, 2005.
6.2.2 Regular Meeting of ebruary 8, 2005.
6.3 RATIFIED CHECK REGISTER —containing checks dated March 1,
2005 in the amount of $784, 150.29.
6.4 RECEIVED AND FILED TREASURER'S STATEMENT -= month of
January 2005.
6.6 ADOPTED ORDINANCE NO. 03(2005): ESTABLISHING A
PERSONNEL SYSTEM AND RESCINDING ORDINANCE 21 (1989)
1N ITS ENTIRETY.
6.7 APPROVED AMENDMENT NO. 3 TO CONTRACT WITH
MCDERMOTT CONSULTING, INC. IN THE AMOUNT OF $36,000
FOR TRANSPORTATION PLANNING CONSULTING SERVICES
AND APPROPRIATED NECESSARY FUNDS FROM GENERAL
FUND RESERVES.
6.8 AWARDED DESIGN AND
SERVICES FOR AREA 1 S
AND AGGREGATE MEMBI
REPKE IN THE AMOUNT
CONTINGENCY AMOUNT
BE APPROVED BY THE
AUTHORIZATION AMOUN-
CONSTRUCTION ADMINISTRATION
URRY SEAL AND ASPHALT RUBBER
ANE (ARAM) PROJECT TO NORRIS-
OF $47,260 AND AUTHORIZED A
,F $5,000 FOR CHANGE ORDERS TO
CITY MANAGER FOR A TOTAL
OF $52,260.
6.9 ADOPTED RESOLUTION NO. 2005-14: RATIFYING AN
EMERGENCY DECLARATI N ISSUED BY THE CITY MANAGER
ON FEBRUARY 22, 2005 D GLARING A LOCAL EMERGENCY.
6.10 WALK ON ITEM NO. 6.10—AMENDMENTS TO STATE OFFICE OF
EMERGENCY SERVICES FORM NO. 130 ENTITLED
"DESIGNATION OF APPLICANTS AGENT RESOLUTION."
6.11 APPROVED LETTER TO NATIONAL PARK SERVICE REQUESTING
REMOVAL OF THE CITY OF DIAMOND BAR AND ITS SPHERE OF
INFLUENCE FROM THE SAN GABRIEL RIVER WATERSHED
SPECIAL RESOURCES STL DY AREA.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.5 ADOPT RESOLUTION NO. 2005-13: REQUESTING THE LOS
ANGELES COUNTY BOARD OF SUPERVISORS TO UNDERTAKE
A FAIR AND NON -ARBITRARY AUDIT OF THE SHERIFF'S COST
CHARGED TO THE TAXPAYERS OF THE CONTRACT CITIES.
7.
MARCH 1, 2005 PAGE 5 CITY COUNCIL
At the request of
PT/O'Connor CM/Lowry explained that the Board
of Supervisors had
directed their County Auditor to review the contract
used by client cities
to determine whether all billable costs were in fact
being billed to the
cities and whether the County should continue to
absorb countywidE
costs that would more appropriately be billed to all
cities. To some it
Nould appear that the auditor might find ways to
charge the cities rr
ore to gain additional income for the County. The
proposed resolutio
way in which theaudit
1 encourages the Board of Supervisors to stop the
is currently being done and to look at
independent method
a more
to review the method of billing out services.
Under the currents
for countywide
stem D.B. residents are being asked to pay again
services
that they have already paid for through their
property tax. These
Supervisors are in
are concerns being voiced by all cities and the
a dilemma about how to balance their budget and
how to be accountable
to all of their residents. D.B. is bordered by
three other jurisdictions
themselves crossin
and from time to time jurisdictions find
those borders for enforcement How
would the level of
enforcement required
purposes.
law enforcement in one city change the law
in another city? D.B. believes these are issues
that the Board of Supervisors
must take into consideration and the
language included
the resolution makes that point. Therefore, staff
recommends City �ouncil
approval of the resolution.
MPT/O'Connor explained that D.B. is facing a 9 percent increase in
payment to the County for law enforcement. The auditor intends to
find 10-15 percent in addition to the 9 percent that can be passed
along to the cities. he asked that the resolution be passed by the
City Council and forwarded to the Board of Supervisors as well as
other contract cities.
MPT/O'Connor moved,
C/Herrera seconded, to adopt Resolution No.
2005-13. Motion carried
by the following roll call vote:
AYES: COUNCIL
MEMBERS: Herrera, Zirbes,
NOES: COUN
IL MEMBERS: None/O'Connor, M/Chang
ABSENT: COUN
IL MEMBERS: None
PUBLIC HEARINGS:
7.1 APPROVE FIRST
AMENDING DEVEL
UNITS, GUESTHOI
PARKING SPACE
DISCRETIONARY
MAINTENANCE AN
EADING OF ORDINANCE NO. 04(2005)
PMENT CODE PERTAINING TO SECOND
)ES, SECOND KITCHENS, NUMBER OF
OUTDOOR DISPLAY AND SALES,
REVIEW PROCESSES, PROPERTY
DEFINITIONS.
MARCH 1, 2005 PA�E 6 CITY COUNCIL
PM/Fong summarized the changes. The new standard is that the
guesthouses and second units would only be allowed in Rural
Residential and Low Residential Districts instead of all residential
districts. Property owners may have either a guesthouse or a second
unit, not both. The second L nit has a kitchen and the guesthouse does
not have a kitchen. Seconc units require one parking space because
they are separate units an may be rented depending on the size of
the lot. Guesthouses are emporary living quarters and cannot be
rented. Another area of c ange is with respect to holiday lights.
Because these are concerns with the proposed criteria staff has
recommended that this sect on be pulled from the amendment for later
consideration. PM/Fong requested that the City Council approve First
Reading by Title Only and waive full reading of Ordinance No. 04
(2005).
C/Herrera asked what the c�ncern was about holiday lights
PM/Fong said there was so a concern about the type of holiday as
well as the types of lights and decorations and that these items
required further clarification.
M/Chang opened the Public Hearing.
With no one present who wished to speak on this matter, M/Chang
closed the Public Hearing.
MPT/O'Connor moved, C/Zir es seconded to approve first reading of
Ordinance No. 04(2005).
M/Chang felt it was unreasonable to disallow microwaves and hot
plates from guesthouses. He was certain that people would not
comply and felt they should be allowed the freedom and convenience.
ACM/DeStefano stated that c uring Planning Commission discussion
of the matter raised by Chair/ hang the Planning Commission chose
to make no changes to theamendment. However, staff would not be
opposed to modification of the ordinance.
CA/Jenkins asked for clarification of Chair/Chang's proposed
amendment. Because kitchens are prohibited from guesthouses he
assumed M/Chang was asking for exclusion of microwave ovens and
was M/Chang also recommending the exclusion of any plug-in device.
M/Chang referred to exclud ng hot plate (#2) from the 'Section
pertaining to kitchens and coo ing facilities on Page 11. On Page 12,
#4, Item 1 — exclude microwa a only.
MARCH 1, 2005 PAGE 7 CITY COUNCIL
CA/Jenkins referred M/Chang to the beginning of 0) —the guesthouse
shall not contain a kitchen or other cooking facilities and asked for
clarification to indicate that hotplates and microwaves were permitted.
CA/Jenkins suggested Q) could read as follows: the guesthouse shall
not contain a kitch n or cooking facilities other than a microwave oven
or hotplate. M/Ch ng concurred.
MPT/O'Connor amended her motion as recommended by CA/Jenkins
and C/Zirbes accepted the amended motion.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Zirbes,
NOES: COU CIL MEMBERS: None/O Connor, M/Chang
ABSENT: COU CIL MEMBERS: None
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUBCOMMITT E REPORTS/COUNCIL MEMBER COMMENTS:
C/Herrera said she was pleased
that Council took action regarding a letter
requesting D.B.'s deletion
Watershed Special Resources
from the study area for the San Gabriel River
watershed area incorporates
Study to create a national park. The
the entire San Gabriel Valley and stretches into
Orange County and San Bernardino
keeping areas in their naft
County. While D.B. is not opposed to
ral state D.B. is
right for consideration of
very interested in protecting its
a future bypass roadway. If the area
designated a national park
were
it would most likely preclude any future hope of
seeing the bypass roadway
on March 23 at. the D.B.
becoming reality. D.B. will host a public meeting
matter. She and C/Zirbes
enter to present additional information on this
serve as the City's representatives
Transit. Of late, there have
to Foothill
been incidents of improper behavior on the part of
students who attend Lorbee
is harmless behavior, it has
Middle School. Although parents might believe it
should the bus driver become
important
the potential of endangering other bus riders
distracted. For the sake of public safety it is
that students behave
bus. Assemblyman Bob Hu
and follow the rules when riding the school
f is processing
California to permit cities to
a joint resolution for the State of
nave one zip code, a hot button item for D.B. for
several years. Assemblyma
i Huff has asked cities to write letters supporting
the resolution. Cities receivc
in jeopardy of not receiving
revenues from the State by zip code and D.B. is
all of its tax revenue, important
for D.B. and for other cities.
an consideration
C/Herrera said that tonight there was discussion about truth in public
comments. Everybody hast the right to free speech and to participate in public
comments at this meeting. Individuals do not have the right to speak lies and
to smear people's reputatio s. Mrs. Ansari is a very angry person and has
MARCH 1, 2005 PAGE 8 CITY COUNCIL
been a very angry person for three years. C/Herrera said that she too had a
copy of the tape Mr. Martin referred to, and Mr. Martin was correct about
what Mrs. Ansari stated and asserted. There has been controversy about
Political Action Committees. or the one hand Mrs. Ansari derides and
condemns the PACs and on the other hand she admits that she took money
from PACs. Nursing associations, universities, police departments and
sheriff's departments have Political Action Committees and in and of
themselves they are not heinous. C/Herrera said she felt it was important for
the Council to keep its meetings as professional as possible, especially as
the City nears an election. Some individuals are very upset that there is so
much anger, she said that there is no anger from Council Members toward
the public, but there are about six people in the community that spew anger
toward the Council. The accusatic ns and scolding need to stop and the City
needs to conduct its Professional business during the Council meetings.
C/Zirbes encouraged residents to look at their properties for possible flood
and mudslide mitigation since this is reported to be one of the wettest
Winters on record. The City has Dosted information on its website and is
running information on DBTV Channel 3 that will give homeowners ideas
about what they should be doing and things they should be looking out for
with respect to standing water, cracks, etc.
MPT/O'Connor reminded resident,,
Diamond Bar Community Foundai
owners mitigate their damage. Thi
primarily for the five homes on Minr
also suffered damage. She said shy
if the fund could be expanded t(
damage. All donations are gratefu
she attended the D.B. Rotary CIL
congratulated the D.B.H.S. basketb
C.I.F and wished them well on their
in town. Her youngest daughter recE
driver's test and MPT/O'Connor sal
M/Chang commented on this morni
member Dorothy Schmidt. The r(
standing ovation. She said she felt b
to getting home in order to prepare
would be retiring in about a year. M/(
the City and hoped that she would ei
in the future he would not allow F
expected public speakers to be on t
that a fund was established through the
ion to collect donations to help property
! Landslide Relief Fund was established
equa. However, other homeowners have
would speak with the Foundation to see
include other residents who suffered
ly received and appreciated. Last week
b's 100'" Anniversary celebration. She
ill team on their entry into the finals of the
first game tonight. D.B. has a new driver
ntly turned 16. On Friday she passed her
J she hadn't seen her daughter since!
ig's touching ceremony for retiring staff
Dm was packed and she received a
id about leaving D.B. but looked forward
;omething special for her husband who
hang thanked Dorothy for her service to
joy her retirement. M/Chang stated that
)rsonal attacks from the podium and
Heir best behavior.
MARCH 1, 2005 PAGE 9 CITY COUNCIL
10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned
2005.
the meeting at 7:50 p.m. ;>
4LDA C. LOWRY, CITY -CLERK
The foregoing minutes are hereby approved thisl5 th day of _-arch
v(!�
WEN CHANG,