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HomeMy WebLinkAbout4/18/2006 Minutes - Regular Meeting1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION APRIL 18, 2006 STUDY SESSION: Mayor Herrera called the Study Session to order at 5:22 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, Tanaka, Tye, Mayor Pro Tern Zirbes and Mayor Herrera. Also Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Nancy Fong, Interim Community Development Director; Kim Crews, Human Resources Manager; Anthony Jordan, Parks and Maintenance Superintendent; Fred Alamolhoda, Consultant Engineer; Kimberly Molina, Assistant Engineer; Ryan McLean, Senior Management Analyst; Ken Desforges, IS Director; Lt. Maxey, D.B./Walnut Sheriff's Department, and Tommye Cribbins, City Clerk. ► Discussion of Grand Avenue Median Landscape Plan ► Proposed Armed Forces Banner Program ► Urgency Ordinance — Operation of Medical Marijuana Dispensaries 1) DISCUSSION OF LANDSCAPING PLAN FOR GRAND AVENUE MEDIANS CSD/Rose reported that staff was preparing to install landscaping on Grand Ave. and that he wanted to make sure that Council understood that no turf was included in the plans and that the entire area from SR 60 to Longview Dr. would be landscaped with the same type of plantings along with 36 -inch box trees. CSD/Rose went on to state that the tree plantings are scheduled to commence the week of May 8-12 and with the remaining landscaping going in the following week. Responding to C/Tye, CSD/Rose stated that there were no plans to remove the trees from D.B. Blvd. to Longview if they can be preserved. Instead, staff plans to remove the turf and install different planting material to adhere to stricter water conservation by keeping the water within the median areas. M/Herrera pointed out that when the water flows onto the street it creates an unsafe and slick condition for motorists and erodes the asphalt. APRIL 18, 2006 PAGE 2 CC STUDY SESSION 2) PROPOSED ARMED FORCES BANNER PROGRAM CSD/Rose reported that it is staff's goal for Council to select a banner from the samples contained in the Agenda packet and to decide on the wording that would be placed on the banner. Item 8.2 on the Regular meeting agenda seeks approval of and funding for the program. M/Herrera said her personal preference was "D.B. Salutes". MPT/Zirbes liked the first example with the American flag but wondered how well it would transfer to the banner with it being much darker than the rest of the banner. M/Herrera asked how "D.B. Salutes" would be included on the first example. CSD/Rose responded that it required a taller banner so there would be space on the top for "D.B. Salutes" along with the name. MPT/Zirbes suggested deleting "Thank you for Serving" and dropping the name and the division down to the star with "D.B. Salutes" and the individual's name and division over the star. C/Tanaka liked sample 7 in the packet with either "Thank you for Serving" or "Thanks for Serving." When he drives through different cities the most important thing is to be able to read the name. Because flags are going to be on the poles anyway he felt it was not as important to have a flag in the banner but more important to have the red, white and blue with the star and the name being as large as possible in white with the branch of service and wording similar to Item No. 7. MPTIZirbes asked what other flags C/Tanaka was referring to and whether he thought there would be American flags with the banners. CSD/Rose said that staff posts American flags on the boulevards during holidays so it was a matter of whether the Council wanted to post them more frequently or continuously. MlHerrera felt that white was easier to read than the blue on red. MPT/Zirbes said the Council would most likely want the one that reads the best. M/Herrera stated that she liked "D.B. Salutes", with the name and branch being included. She pointed to the sample she liked. APRIL 18, 2006 PAGE 3 CC STUDY SESSION With consensus of Council it was agreed that the banners would read "D.B. Salutes", with the name as large as possible in white with the branch of service and wording that reads the most appropriate. M/Herrera said that in determining the names of those serving staff should contact all of the local churches because she believed that each church had a list of people within their congregation who are serving. Discussion ensued about who should be included. With consensus of Council it was agreed not to limit the honorees. However, if the number of honorees reached 50, staff should come back to Council for further direction. 3) URGENCY ORDINANCE — OPERATION OF MEDICAL MARIJUANA DISPENSARIES. ACM/Doyle stated that the proposed urgency Ordinance regulates the use within the community of a medical marijuana dispensary. Staff has identified a number of issues concerning the health and safety of the community as well as that of the patients and caregivers. This Ordinance states that any entity that intends to operate this type of facility will be required to have a licensed security guard during all hours of operation. In addition, the hours of operation have been extended from 10:00 a.m. to 5:00 p.m., to 10:00 a.m. to 7:00 p.m. Monday through Saturday and Sunday from 12:00 noon to 5:00 p.m. to provide more flexibility. The Ordinance prohibits any type of onsite consumption and requires the operator to submit to a criminal background check. Additionally, staff inserted language providing that if Proposition 215 is found, by the Court, to be invalid the Ordinance becomes null and void and reverts to an illegal use. Furthermore, the Ordinance would require compliance within 60 days from the date of its adoption. MPT/Zirbes asked if the proposed Ordinance met the intent of Proposition 215. CA/Jenkins responded that he believed it did. MPTIZirbes asked if under Section 2h(2) should be changed to read only that the recipient could not consume the marijuana on the property. CA/Jenkins explained that the Ordinance attempts to convey to the user that the City wants the recipient to take the marijuana to a private place — not to a City Park, not to a parking lot, and not to some other public location. C/Tye said that while the ordinance limits the owner/operator, the City has no influence over the user. APRIL 18, 2006 PAGE 4 CC STUDY SNESSION CA/Jenkins said that all the City could do was to require the ownerloperator to notify people by posting signs telling then m what they were supposed to do. Once recipients were outside of the establishment the owner/operator would no longer have any control over therm. The goal was to get people to cooperate. MPTIZirbes felt the language was too broad and woyld be more comfortable with language to the effect that there was "no I oltering in or around the dispensary and no consumption of marijuana inside of the dispensary or in the parking lot of the establishment'. ACM/Doyle referred Council to Section 2e indicating no onsite sales of alcohol and tobacco and no onsite consumption of any of the following. CA/Jenkins recommended a possible change to the Ordinance stating it could read: "...In the vicinity of the dispensary or in the parking lot." MPTIZirbes said he would be more comfortable with that language. MlHerrera asked if the inclusion of the word "urgency" on the last page - Section 5 of 8.26.030, gave the Ordinance any special circurrlstances. - CA/Jenkins said the wording would render the Ordinance immediately in effect once approved with no second reading required and no requirement to wait the usual 30 days. CITye asked why Section 2e and p appeared to be in conflict with respect to food. ACM/Doyle explained that there would be no consumption of food allowed but food could be sold. CITye asked about barring the sale of paraphernalia. CA/Jenkins said there was no such wording contained in the Ordinance and that the verbiage could be added if the Council chose to do so. MPTIZirbes said he would add language to bar the sale of paraphernalia under Section 2e. CA/Jenkins offered the following language: "no onsite sales of alcohol, tobacco or pipes, papers, water pipes, vaporizers and other related paraphernalia." ACM/Doyle responded to MPTIZirbes that Reverend Touhey was not happy about being the only provider in D.B. This individual has been personally affected and because he believes his time is limited he feels it APRIL 18, 2006 PAGE 5 CC STUDY SESSION is his calling to provide this type of relief to other patients. He is not here to make money or have a monopoly. He believes the product should be readily available. To date he has sold by appointment only. C/Tye wanted to know how Reverend Touhey would be able to comply with the requirement to have a licensed security guard if he did business by appointment only and whether the operation could be shut down if he did not comply. ACM/Doyle responded to M/Herrera that the dispensing of marijuana did not involve a prescription. The individual completes a form that authorizes him to use the medicine and a licensed physician signs the form. CA/Jenkins responded to M/Herrera that the dispensary must maintain an original form, not a copy. In response to MPT/Zirbes Lt. Maxey explained that in the event an individual is questioned the signed form is the individual's defense and that there is a reasonable expectation that the individual has a right to possess the medicine when he has the form in his possession. Public Comments: None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Herrera adjourned the Study Session at 5:58 p.m. Tommy e ribbins, City Clerk The foregoing minutes are hereby approved this 2nd day of ma , 2006. CAROL HERRERA, Mayor 1 1 1 1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 18, 2006 CLOSED SESSION: 5:00 p.m., Room CC -8 Public Comments on Closed Session Agenda Items ► Government Code §54956.8 — Conference with Real Property Negotiators Property Negotiations: Address: Portion of Lot 13, Tract No. 3941 and, Portion of Lot 3, Tract No. 3941 Agency Negotiator: City Manager Negotiating Party: Robert R. Reed Family Trust STUDY SESSION: 5:22 p.m., Room CC -8, Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. ► Update on Grand Avenue Median Landscape Plans ► Proposed Armed Forces Banner Program NO. Urgency Ordinance — Operation of Medical Marijuana Dispensaries M/Herrera adjourned the Study Session at 5:58 p.m. to the Regular City Council Meeting. CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that Council met in Closed Session at 5:00 p.m. to discuss one matter of negotiation of real property with the City's real estate negotiator. There were no public comments and no reportable action was taken during the Closed Session. M/Herrera reported that during the Study Session, Council received an update on the landscape plan for Grand Ave. medians; a proposed armed forces banner program; and, an urgency ordinance scheduled for tonight's agenda. PLEDGE OF ALLEGIANCE: M/Herrera led the Pledge of Allegiance. INVOCATION: None Offered. ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes and Mayor Herrera. APRIL 18, 2006 PAGE 2 CITY COUNCIL Staff Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Nancy Fong, Interim Community Development Director; Kim Crews, Human Resources Manager; Ken Desforges, Information Systems Director; Ryan McLean, Senior Management Analyst, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: MlHerrera asked that Item 8.1 be moved to immediately after 1. Special Presentations, Certificates and Proclamations. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 MlHerrera proclaimed April 21, 2006 as "Asthma Awareness Day." Jim Starkey with State Senator Bob Margett's office presented a Resolution, as well as Jody Roberto with Assemblyman Bob Huff's Office who presented a Certificate of Recognition to Catherine Lawson, Lawson Healthcare Foundation. 8. COUNCIL CONSIDERATION: 8.1 ADOPT UGENCY ORDINANCE NO. 0X(2006) GOVERNING THE OPERATION OF MEDICAL MARIJUANA DISPENSARIES AND DECLARING THE URGENCY THEREOF. ACM/Doyle reported that in 1996 California voters approved Proposition 215, the Compassionate Use Act of 1996, which allowed a patient with a doctor's recommendation to use medical marijuana. Medical marijuana is not distributed in pharmacies like other types of regulated medications, but dispensed via dispensaries. Currently, dispensaries are not an approved land use in D.B. Other communities that have had similar situations have been experiencing costly litigation as a result of not having this type of land use. The County of Los Angeles is going through a similar process to adopt an ordinance to regulate this type of land use in the unincorporated areas and it is staff's position that Council should take a position to adopt this type of land use so that the City can regulate the land use and protect the community. The Ordinance before Council deals with this type of land use and would allow for only one such dispensary to be located in the community. In addition, the Ordinance sets forth certain regulations and restrictions including requiring an onsite licensed security guard during operating hours; limits the hours of operation from 10:00 a.m. to 7:00 p.m. Monday through Saturday and 12:00 noon to 5:00 p.m. on Sunday; prohibits onsite and public consumption; and, prohibits the use and sale of paraphernalia. MlHerrera asked for Public Comment. There was no one present who wished to speak on this item. APRIL 18, 2006 PAGE 3 CITY COUNCIL C/Zirbes moved, C/Chang seconded, to adopt Urgency Ordinance No. 04(2006) Governing the Operation of Medical Marijuana Dispensaries and Declaring the Urgency Thereof as revised, Motion carried by the following Rolf Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: D.B. Library Reference and Young Adult Librarian, Mary Yogi, reported that the Library continues to offer Princeton Review College Prep Seminars and Practice SAT tests. On Thursday, May 11 at 6:30 p.m. the Library will hold a seminar entitled "Secrets to UC Admissions." The Friends of the D.B. Library will provide refreshments. On Thursday, April 20 the Library will hold a paper craft workshop for teens and adults. This Summer the Library will hold its Summer Reading Program that will include teens and adults. Larry Smith said that as an investment consultant he was concerned to read an article in the San Gabriel Valley Tribune citing D.B. as the only City in the San Gabriel Valley to suffer a decrease in property values last year. During the previous few weeks he has spoken about the cultural and economic benefits of a new library for the City. During his research he has found reams supporting the findings that libraries enhance the standard of living and support local businesses and economic growth. He has not found a single article to support the contention that libraries are passe or a waste of time or money. He quoted from articles that spoke of the community benefits of libraries. Those individuals interviewed for the articles noted that when a library was built the general economic health of the community was perceived to increase. The studies he reviewed showed that economic benefit of the community ranged from $2.50 to $7.50 for every $1.00 invested in a library. He believed that a new library could be a vehicle to galvanize and unite the City. Instead of just putting the item on the ballot he wanted each Council Member to support a new library. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Public Scoping Meeting for Design Planning of Lemon Ave. On -Off Ramp, April 20, 2006 — 6:30 - 8:30 p.m., Room CC -6, AQMD/Government Center, 21865 Copley Dr. APRIL 18, 2006 PAGE 4 CITY COUNCIL 5.2 Planning Commission Meeting — April 25, 2006 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.3 Neighborhood Traffic Management Program Meeting—April 25, 2006 — 7:00 p.m. (for neighborhoods of Cameron Crest Dr./Maple Spg. Dr., and Golden Prados Dr./Sabana Dr. along north side of Golden Spgs. Dr.) Diamond Bar Community Center Pine Room, 1600 Grand Ave. 5.4 Parks and Recreation Commission Meeting — April 27, 2006 — 7:00 p.m., Hearing Board Room, AQMDIGovernment Center, 21865 Copley Dr. 5.5 City Council Meeting — May 2, 2006 — 6:30 p.m., Auditorium, AQMDIGovernment Center, 21865 Copley Dr. 5.6 Neighborhood Traffic Management Program Meeting — May 4, 2006 — 7:00 p.m. (for neighborhoods of Armitos PI., Between Pantera Dr. and Top Ct. and Pantera Dr. between Armitos Pl. and Bowcreek Dr.) Diamond Bar Community Center Pine Room, 1600 Grand Ave. 5.7 D.B. Chamber of Commerce — "Building Success in the Southeast San Gabriel Valley" — May 10, 2006 — 7:30 a.m. — 1:00 p.m., D.B. Center, 1600 Grand Ave. 5.8 Neighborhood Traffic Management Program Meeting — May 10, 2006 — 7:00 p.m. (for neighborhoods of Bent Twig Ln. and Adel Ave./Gerndal St.) Diamond Bar Community Center Pine Room, 1600 Grand Ave. 6. CONSENT CALENDAR: C/Chang moved, C/Tye seconded to approve the Consent Calendar as presented with corrections to Item 6.1.2. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Study Session of April 4, 2006 —as submitted. 6.1.2 Regular Meeting of April 4, 2006 — as corrected. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of March 14, 2006 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of March 23, 2006. APRIL 18, 2006 PAGE 5 CITY COUNCIL 6.4 RATIFIED CHECK REGISTER — containing checks dated April 6 through April 13, 2006 in an amount totaling $1,254,023.00. 6.5 REJECTED CLAIM — filed by Lana Kopchick on January 20, 2006. 6.6 APPROVED NOTICE OF COMPLETION FOR THE 2005-06 COMMUNITY DEVELOPMENT BLOCK GRANT SIDEWALK INSTALLATION PROJECT ALONG THE WEST SIDE OF DIAMOND BAR BOULEVARD FROM SOLITAIRE STREET TO JUST NORTH OF THE CALTRANS PARK AND RIDE. 6.7 ADOPTED RESOLUTION NO. 2006-33: APPROVING THE APPLICATION FOR $272,000 OF LAND AND WATER CONSERVATION FUNDS FOR PHASE 111 OF THE SYCAMORE CANYON TRAILS PROJECT; AND, IF AWARDED, REQUIRES A $136,000 MATCH FROM THE CITY FOR THE SYCAMORE CANYON PARK TRAILS PROJECT FROM THE WATERFALL AREA TO THE BASE OF THE NEW TRAILHEAD. 6.8 ADOPTED RESOLUTION NO. 2006-34: OPPOSING AB2987 (NUNEZ) "THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006" WHICH WOULD ESTABLISH A STATEWIDE FRANCHISE FOR CABLE AND VIDEO SERVICES. 6.9 APPROVED APPROPRIATION FROM GENERAL FUND RESERVES IN THE AMOUNT OF $17,500 TO INCREASE PLANTING SIZE OF TWENTY-FOUR (24) CAMPHOR TREES FROM 24" BOX TO 36" BOX AND AUTHORIZED TO ADD $17,500 TO THE 2005-06 FY CONTRACT WITH WEST COAST ARBORISTS TO PROVIDE AND PLANT THE TREES, INCREASING THEIR CONTRACT AMOUNT TO $252,625. 7. PUBLIC HEARINGS: 7.1 COUNTRY HILLS TOWNE CENTER — REQUEST TO MODIFY CONDITIONAL USE PERMIT 2004-01(1). (Continued to May 2, 2006). 8. COUNCIL CONSIDERATION (Continued from 8.1 considered earlier.) 8.2 APPROVAL OF ARMED FORCES BANNER PROGRAM AND APPROPRIATION OF $6,350 FROM GENERAL FUND RESERVES FOR THE FIRST YEAR OF THE PROGRAM. CSD/Rose reported that staff is seeking approval of the program and appropriations of $6,350 from the General Fund reserves to purchase up to 25 banners in the first year of the program. if this item is APRIL 18, 2006 PAGE 6 CITY COUNCIL approved staff will collect names of D.B. residents and relatives of D.B. residents that are on active duty in the armed forces. These names will be posted on banners along Grand Ave. and Diamond Bar Blvd. during the time the individual remains on active duty. He showed a visual of the proposed banner. He asked residents to contact the Community Services Department at 839-7060 or Lorry Meyer at the Diamond Bar Center at 839-7070 to offer names of individuals. CSD/Rose responded to MPT/Zirbes that information about the program and request for names would be provided through various resources as well as displayed on DBTV Channel 3 beginning tomorrow. Anna Cortez thanked the City Council for providing this program. C/Tye moved, C/Tanaka seconded, to approve the Armed Forces Banner Program and appropriate $6,350 from General Fund reserves for the first year of the program. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPTIZirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS: M/Herrera recessed the Regular City Council meeting to the Redevelopment Agency and Public Financing Authority Annual Meetings at 7:07 p.m. RECONVENED: M/Herrera reconvened the Regular City Council meeting at 7:12 p.m. 9. COUNCIL SUBCOMMITTEE REPORTSICOUNCIL MEMBER COMMENTS: MPTIZirbes thanked staff on behalf of the community for the excellent City Birthday Party Celebration and for their many hours of dedicated work throughout the year as well as before, during and after the event. He, C/Tanaka and C/Tye attended the PUSD meeting this morning regarding ongoing negotiations between the City and the School District to make field improvements at Lorbeer. He thanked PUSD Board member and D.B. resident Andrew Wong for moving the matter along. MPT/Zirbes said he was very impressed with the School Board's willingness to work with D.B. and several of the Board Members expressed an interest in funding field improvements at their other D.B. schools. He thanked the residents for allowing him to serve the community and invited them to call him and any of the other Council Members with their concerns and comments. APRIL 18, 2006 PAGE 7 CITY COUNCIL C/Chang said the City Birthday Party was a wonderful event and he applauded staff for their hard work and dedication. He attended the Volunteer Recognition Dinner hosted by the Sheriffs Station Booster Club. He and MPT/Zirbes serve on the Economic Development Committee and on April 11 they and staff members visited the Target site to make sure that construction was moving forward as planned forthe scheduled opening date in October. Also several houses are under construction in the Brookfield Homes Development. He and MPTIZirbes continue to meet as members of the Neighborhood Improvement Committee to ensure that properties in the City are being properly maintained. C/Tanaka thanked staff for their work on the City Birthday Celebration and the 23"d Annual Easter Egg Hunt. He also thanked all who worked at the Pancake Breakfast. C/Tanaka stated that he had a good time reading to elementary school aged children at the Library during National Library Week. He was pleased to represent the City and Council at the Walnut/D.B. Sheriffs Stations' 16th Annual Volunteer Recognition Dinner. He attended Hershel Paters Eagle Scout Ceremony and represented the City at the Chamber Mixer at Prospectors Credit Union. C/Tye stated that he, C/Tanaka, M/Herrera and C/Chang attended the Arbor Day Celebration at Pantera Elementary School. He congratulated Jordan Dang on his award-winning poster drawing honoring Arbor Day. He felt there were not enough words to praise staff for the wonderful Birthday Party. He appreciated MPTIZirbes comments that the hours and hours and hours, the days and the weeks that go into the planning and putting it all together can be over in six hours. He said it was a pleasure to attend the Lions Easter Egg Hunt. He said it was his privilege to serve on the D.B. City Council and to represent the residents. He appreciated hearing from residents either by email, phone or letter. Residents have contacted him during the past week and issues are being addressed and resolved. He said he would like to invite residents to join him on Saturday, April 22 at Continental Burger on Gentle Springs. M/Herrera said that she too enjoyed all of the events others mentioned. Arbor Day was particularly fun for her and it is always great to go to Pantera Elementary School and see all of the kids be so enthusiastic. She said she had not remembered in past years that there were so many little skits as there was this year. She too thanked City staff for all of their hard work in putting together the City's Birthday Party, an event that takes a year of advance planning. Everyone had a great time at an event that is for the residents. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council meeting at 7:26 p.m. APRIL 18, 2006 PAGE 8 CITY COUNCIL �i Tommye aribbins, CITY CLERK The foregoing minutes are hereby approved this 2nd day of May , 2006. ( , j) CAROL HERRERA, MAYOR