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HomeMy WebLinkAbout09/7/2004 Minutes - Rgular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION SEPTEMBER 7, 2004 STUDY SESSION: Mayor Zirbes called the Study Session to order at 5:05 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; Brad Wohlenberg, Assistant City Attorney; ,James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; Linda Magnuson Finance Director; Bob Rose, Community Services Director; Fred Alamolholda, Senior Engineer, and Tommye Cribbins, Assistant City Clerk ON. Caltrans Presentation Regarding State Route 60/Lemon Avenue On -Off Ramps Project. ► Discussion of Potential Council Vacancy Options 1. Caltrans Presentation re State Route 60 Lemon Avenue On -Off Ramp project. PWD/Liu thanked Council for the opportunity to present information regarding the proposed SR/60 Lemon Avenue on-off ramp project. Mel Hodges, Chief, Office for Project Studies, Caltrans, said that his department conducted an initial project development support document on February 5, 2003, the first phase of any highway system improvement. The document identified the support dollars needed for the project report and environmental study, the next project development phase. No construction dollars were identified for the project. This document is very conceptual and a significant amount of study and detailed analyses would be required to continue with the next phase before any decisions were made regarding alternatives, final project and costs thereof. Trilly Nguyen, Transportation Engineer, spoke about the existing conditions and background for the proposed project. The project was initially prepared on the freeway agreement between L.A. County and Caltrans in March 1968 and the purpose of the project was to improve traffic to provide direct access to the Lemon Ave./City of Industry area. The County provided the right-of-way for Caltrans to provide ramps at Lemon Ave. The cost for the project was anticipated to be between $5 to $9 million. Alternative 1 proposed a half diamond (half interchange) at the eastbound off -ramp and the northbound on-ramp to Lemon Ave. Alternative 2 tracked with the freeway agreement between the County and SEPTEMBER 7, 2004 PAGE 2 CC STUDY SESSION Caltrans and proposed to commence with Lemon Ave. and continue around to Colima Rd. Alternative 3 was a three-quarter interchange with the on and off ramps at Lemon Ave. and eastbound on ramp at Lemon Ave. with the closure of the existing Brea Canyon at Colima Rd. eastbound off -ramp and Colima Rd. eastbound on-ramp. There are no right-of-way impacts with alternative 2 and the third alternative would have the same impact as alternative 1 in that the eastbound on-ramp at Lemon would impact about 400 square meters of the L.A. Fitness parking lot. In response to CM/Lowry, Mr. Nguyen said that currently, there were three projects proposed for the area. One was a sound wall that would be relocated through this project. The second was the SR 57/60 HOV project that would not be impacted by this project and the third project now in pre - design phase was the HOV median project that would also not be impacted by this project. Each alternative becomes increasingly more costly as the complexity increases. CM/Lowry asked Mr. Nguyen to express his opinion about the advantages to each of the three alternatives. Mr. Nguyen said that Caltrans was in the very early stages of the proposed project and the only thing he could express would be the immediate impacts to existing property in two of the three alternatives. He felt that alternative 3 would improve the weaving distance on the southbound SR 57 with the closing of the Brea Canyon ramps and also improve the congestion on Colima Rd. The downside to Alternate 3 was the impact to residential neighborhoods and LA Fitness parking. M/Zirbes asked if in Alternative 3 it would be possible to close the Brea Canyon on-ramp and leave the Brea Canyon off -ramp open closing it only to semi -trucks. Mr. Hodges said that Caltrans' local interchanges were accesses to and from the freeway to local streets and could not typically be blocked. If the City wanted to work with Caltrans it was sometimes possible to block trucks from certain off ramps that went directly into neighborhoods, etc. The next phase of the project was to look at all of the detailed traffic studies and environmental impacts to see if there were flaws in the project. Ahmed Mohamed, Caltrans Transportation Engineer, said it was possible that the next phase study could eliminate all three alternatives and provide a new alternative. Mr. Hodges explained that so far Caltrans had approved the initiation document for this project. Until full funding for the next phase of the project was received, the project would not continue. SEPTEMBER 7, 2004 PAGE 3 CC STUDY SESSION M/Zirbes asked PWD/Liu if the City had received any funding from the City of Industry and Washington D.C. PWD/Liu responded No. With the pending reauthorization of the Transportation Act it was unlikely anything would happen prior to the election and the earliest the City would likely hear from the federal government would be the beginning of 2005. Staff received an executed letter wherein the City of Industry agreed to a 20 percent local match for the project for which staff had proposed a cost of $15 million. Mr. Hodges said he understood that the City was asking for $15 million. However, until the next phase was completed the exact cost would not be known for the design and construction phases. $15 million may or may not be enough. C/O'Connor asked how much right-of-way would be purchased from the residents. Mr. Nguyen responded that about four residences would be affected and the cost would be about $500,000 with the taking of about 300 square meters. Mr. Hodges said Caltrans could look at a partial taking of the backs of their yards and in the next phase the homeowners could ask Caltrans to take their entire properties and negotiations would begin. On the other hand the homeowners could oppose the taking. C/Huff asked for the name of the next phase. Mr. Hodges presented a document that gave an overview of Caltrans' entire project development process from beginning to construction. The next phase was called the Project Report Environmental Studies Phase during which all of the alternatives in the first document would be studied for feasibility. The results of the next study would define the footprint for impact of the project for environmental and related impacts. For a project like this the next phase could take a year or two or more. There are two ways to proceed. Caltrans could move forward once the funding and staff was in place. Tonight's report speaks to that next phase, the cost of which is $750,000. Since this year's budget is already approved, the allocation would most likely be in next year's budget. The other option would be private funding from the cities. If D.B. and the City of Industry chose to fund the next phase he would recommend hiring both the engineering and environmental team together. The hiring process could take six to nine months and the phase study could take three years. The next phase after project approval would be final rezoning that could take a couple of years. After that the construction phase could commence. Mr. Hodges estimated SEPTEMBER 7, 2004 PAGE 4 CC STUDY SESSION that the entire project from beginning to construction could take three, five or seven years to complete. CM/Lowry asked if Caltrans could make a similar presentation to the City of Industry. Mr. Hodges said "Yes" if asked to do so. However, making these kinds of presentations was outside of Caltrans' normal process. Mr. Hodges said that MTA indicated to him that there would be no 2005 calls for projects which meant that there was no money available to fund new projects. Therefore, the only way the project could move forward would be through local and private funding. CM/Lowry asked if Mr. Hodges meant in the preliminary planning phase. Mr. Hodges said that he meant the entire $15 million cost of the project. To MPT/Herrera's question as to who or what would determine which alternative would be built Mr. Hodges responded that the further detailed analysis and refinement of all of the alternatives shown in the current report together with the environmental studies with formal public hearings would determine the alternative and in the end the environmental document and the entire project team would determine the feasibility of the project. In order to proceed in a correct manner Caltrans could not pre- determine an alternative because it would be a violation of the environmental law. CM/Lowry asked if a less costly alternative could be selected if the funds were not available for the ultimate alternative. Mr. Hodges said it could be part of the environmental process to say that a certain alternative would be acceptable but in order to do so something would have to be mitigated and it would increase the cost of the project. He said that the intent was to refine the engineering to determine whether the mitigation could be avoided. CM/Lowry said she believed that part of the reason there was such a mess at the SR57/60 interchange was because someone tried to save some money. C/Chang thought he understood Congressman Miller to say that the project could have $12 million in federal funding and both of the south side on and off ramps on Brea Canyon would be closed. It seemed that this report was in conflict with that proposal and personally, he believed that SEPTEMBER 7, 2004 PAGE 5 CC STUDY SESSION closing the south side on/off ramps on Brea Canyon was the best alternative because there was such a bottleneck at that location and $12 million in federal funds and $3 million from the City of Industry would cover the cost of the project. Mr. Hodges said no one had done the studies yet to determine what the actual costs would be. The next phase would provide a detailed traffic study of the existing conditions, projected conditions, change in the ramp alignment and the new ramps to determine the upstream and downstream impacts. C/Chang reiterated his impression that it would be impossible to mitigate the traffic without closing the south side on/off ramps. Mr. Nguyen said that accidents on the south side Brea Canyon on/off ramp exceeded the average. He felt that the addition of the Lemon Ave. ramps would relieve traffic on both Fairway and Brea Canyon ramps. In fact, five out of the eight on and off ramps from Fairway to Brea Canyon support greater accident rates than the average. C/Zirbes stated that alternative 3 seemed to track with what the Council had discussed. If alternatives 1 or 2 were selected would Caltrans close the Brea Canyon on ramp? Mr. Hodges said no because it was not part of alternative 1 as proposed. Public Comments: None Offered. 2. Discussion of Potential Council Vacancy Options. C/O'Connor asked for clarification of statements in the draft ordinance. For example, the first sentence refers to the law and what does the law provide. ACA/ Wohlenberg responded that what the law says in its current state is that the Council could either appoint someone for the remainder of the term or call a special election. C/O'Connor felt that prior discussions held that the City Council left itself open to a 10 -month term with an election at the next municipal, a three- year term appointment or special early election. However, the ordinance takes away the three-year term appointment. ACA/Wohlenberg said that because of the word "shall" it limits the appointment to the next special election. If Council wanted the three options the "shall" could be changed to "it may, at the option of the City SEPTEMBER 7, 2004 PAGE 6 CC STUDY SESSION Council or upon vote of the City Council, be limited to a period until a special election." C/O'Connor asked that the ordinance be worded to include all possible options. C/Chang concurred. ACA/Wohlenberg said that upon initial reading he felt the ordinance covered all three options. However, upon consideration, it should be further clarified by saying that it is a Council option. C/O'Connor asked if the ordinance could be reworded to "provided however, that the Council could appoint to fill a vacancy until the date of the next date of the municipal election. CM/Lowry suggested that if there were going to be further language changes to the ordinance that the item could be continued to the next meeting. C/O'Connor was concerned about the time limit. ACA/Wohlenberg said he could make the change now and bring it back during this session. M/Zirbes asked ACA/Wohlenberg to make the changes and include the following options. If the Council were unable to reach an agreement it would call for a special election in March or June or, appoint someone for the balance of the potential vacancy or, appoint someone to serve until the next municipal election next November to avoid the cost of a special election. Council Members voiced concurrence. MPT/Herrera suggested the ordinance could state "appointment until the next special election" and the next special election could be held at the next municipal election that would give the Council the option of a special election or combine it with the municipal election. C/O'Connor felt the Council could not say the vacancy would remain open until the next municipal election. ACA/Wohlenberg said the Council would have to call a special election or appoint someone. The ordinance change would also allow the Council to appoint an individual until the special election, namely the next municipal -- election. ACA/Wohlenberg suggested adding after the word "however" "that it is so determined by the City Council..." it makes it clear that the vacancy could 1 SEPTEMBER 7, 2004 PAGE 7 CC STUDY SESSION be filled in a manner prescribed by law or so determined by the City Council that a person appointed by the City Council would hold office only until the date of the special election. C/O'Connor clarified special election as the date of the next regularly established municipal election. CM/Lowry recommended the City Council not lock itself into that language. If the Council appoints someone it is locked into that term. The ordinance merely allows the Council to shorten the term. C/O'Connor stated that under such a scenario Council could appoint an individual for five months and still have a June election. ACA/Wohlenberg advised that the set election dates are mandated depending upon when the vacancy occurs. CM/Lowry stated that with the rewording of the ordinance it would make it easier for the seated Council to compromise and make a selection because the Council would have the option of a shortened term. She felt it would be a good governance policy for seating five Council Members. ACA/Wohlenberg offered revised ordinance language. Discussion ensued. Council concurred to have ACA/Wohlenberg wordsmith the ordinance for the regular meeting in accordance with Council's direction. Public Comments: None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Zirbes adjourned the Study Session at 6:10 p.m. The foregoing minutes are hereby approved this 21st day of Sept. , 2004. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 7, 2004 CALL TO ORDER: Mayor Zirbes called the Regular City Council meeting to order at 6:33 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. M/Zirbes reported that during tonight's Study Session Council received a Caltrans presentation regarding the proposed Lemon Avenue on/off ramps project on SR60, and continued its discussion regarding City Council vacancy options. There was no reportable action taken. PLEDGE OF ALLEGIANCE: Council Member Chang led the Pledge of Allegiance. INVOCATION: Pastor James Price, Diamond Canyon Christian Church gave the Invocation. ROLL CALL: Council Members Chang, Huff, O'Connor, Mayor Pro Tem Herrera and Mayor Zirbes. Staff Present: Linda Lowry, City Manager; Brad Wohlenberg, Assistant City Attorney; James DeStefano, Deputy City Manager; Linda Magnuson, Finance Director; Bob Rose, Community Services Director; April Blakey, Public Information Manager; Jim Clarke, Le and Tommye Cribbins, Assistant City Clerk. APPROVAL OF AGENDA: CM/Lowry asked that Consent Calendar Item 6.6 be removed from the agenda and continued to the September 21 City Council meeting. Additionally, staff requested that Consent Calendar Item 6.7 be withdrawn for discussion in order for staff to provide additional information supplied by members of the public. Other Consent Calendar revisions would be provided during the normal course of her presentation. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaimed September as National Alcohol and Drug Addiction Recovery Month. BUSINESS OF THE: MONTH: 1.2 M/Zirbes presented a City Tile to Chris Papudesi, daughter of the owner of Roundtable Pizza. SEPTEMBER 7, 2004 PAGE 2 CITY COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: Kathy Chavez, 300 S. Rock River Road, said she was not opposed to the stop sign installation in front of her house but wanted to know how parking violations would be handled. She noticed people parking in close proximity to stop signs in other locations. 4. RESPONSE TO PUBLIC COMMENTS: PWD/Liu responded to the speaker stating that if the item were approved tonight by the City Council, staff would work with residents prior to the installation to make certain that the striping and signage would have minimal impact to her residence, driveway and street parking. 5. SCHEDULE OF FUTURE EVENTS: 5.1 QUARTERLY CALTRANS COMMUNITY MEETING — September 8, 2004 — 6:00 p.m., Room CC -2, 21865 Copley Drive. 5.2 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — September 9, 2004 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.3 AMERICAN SPIRIT DAY — September 10, 2004 — Noon - AQMD/Government Center, 21865 Copley Drive. 5.4 PLANNING COMMISSION MEETING —September 14, 2004 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.5 D.B. COMMUNITY FOUNDATION MEETING—September 16,2004- 7:00 p.m., AQMD/Government Center Room CC -8, 21865 Copley Drive. 5.6 TRES HERMANOS CONSERVATION AUTHORITY MEETING — September 20, 2004 — 5:30 p.m., City Hall Conference Room B, 21825 Copley Drive. 5.7 CITY COUNCIL MEETING — September 21, 2004 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive 6. CONSENT CALENDAR: MPT/Herrera moved, C/Chang seconded to approve the Consent Calendar with the exception of Items 6.6 continued to September 21 and 6.7 pulled from the agenda for additional staff presentation. Motion carried by the following Roll Call vote: SEPTEMBER 7, 2004 PAGE 3 CITY COUNCIL AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, MPT/Herrera, M/Zirbes NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES 6.1 .1 Study Session of August 17, 2004 — Approved as submitted. 6.1.2 Regular Meeting of August 17, 2004 — Approved as amended. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of July 27, 2004. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of May 27, 2004. 6.4 APPROVED WARRANT REGISTERS DATED AUGUST 19 AND AUGUST 26, 2004 FOR A TOTAL AMOUNT OF $1,031,311.25. 6.5 APPROVED REVISED TREASURER'S STATEMENT for June 2004 AND TREASURER'S STATEMENT for July 2004. 6.6 ADOPT RESOLUTION 2004 -XX APPROVING REVISIONS TO FACILITY USE POLICY FOR THE DIAMOND BAR CENTER TO CLARIFY DE=ADLINE FOR PRIORITY SCHEDULING FOR USE OF THE FACILITY BY CITY RECOGNIZED SENIOR CITIZEN MEMBERSHIP GROUPS AND APPROVAL OF THE USE OF THE GRAND VIEW BALLROOM BY THE SUNSHINE SENIORS ON NOVEMBER 19, 2004. (Continued to September 21, 2004) 6.8 ADOPTED RESOLUTION NO. 2004-49 APPROVING INSTALLATION OF MULTI -WAY STOP SIGNS ON SOUTH ROCK RIVER ROAD AND CLEARVIEW CREST DRIVE. 6.9 APPROVED APPROPRIATION OF $6,385 FOR PURCHASE OF ACCESS GATES FOR CITY OWNED OPEN SPACE PROPERTY. 6.10 APPROVED ADDITIONAL APPROPRIATION OF $15,000 FROM LLAD NO. 39 FOR WEED AND PEST ABATEMENT. 6.11 ADOPTED RESOLUTION NO. 2004-50 SUPPORTING NOVEMBER 2004 BALLOT PROPOSITION 1 A TO PROTECT LOCAL SERVICES AND PUBLIC SAFETY SERVICES. SEPTEMBER 7, 2004 PAGE 4 CITY COUNCIL 6.12 APPROVED NOTICE OF COMPLETION FOR THE TRAFFIC SIGNAL IMPROVEMENTS PROJECTON GOLDEN SPRINGS DRIVE AT ADEL AVENUE AND AT HIGH KNOB ROAD (NEW WEST). 6.13 APPROVED CONTRACT AMENDMENT #5 WITH TRUGREEN LANDCARE FOR CITYWIDE LANDSCAPE MAINTENANCE IN THE AMOUNT OF $34,100 FOR IMPROVEMENTS AT THE DIAMOND BAR CENTER AND SUMMITRIDGE PARK FOR A TOTAL FY 2004- 05 AUTHORIZATION OF $160,790. 6.14 ADOPTED RESOLUTION NO. 2004-51 ESTABLISHING SALARY RANGES FOR ALL CLASSES OF EMPLOYMENT EFFECTIVE THE PAY PERIOD COMMENCING SEPTEMBER 8,2004; RESCINDING RESOLUTION NO. 2004-34 IN ITS ENTIRETY. 6.15 APPROVED CONTRACT AMENDMENT NO. 6 TO A PROFESSIONAL SERVICES AGREEMENT WITH LDM IN THE AMOUNT OF $40,000 FOR HOME IMPROVEMENT PROGRAM ADMINISTRATIVE SUPPORT SERVICES. 6.16 ADOPTED RESOLUTION NO. 2004-52 BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING CALIFORNIA STATE ASSEMBLY BILL 2702 (STEINBERG): HOUSING: SECOND UNITS. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.7 ADOPT RESOLUTION NO. 2004-52 APPROVING INSTALLATION OF MULTI -WAY STOP SIGNS ON ARMITOS PLACE AND ROCKBURY DRIVE. PWD/Liu reported that the request was for multi -way stop signs on Armitos PI. at Rockbury Dr. Armitos PI. is a residential street with an existing speed zone of 25 mph. Staff's investigation determined visibility obstruction due to curves and street grade and 85th percentile vehicle speeds between 36 mph and 39 mph. On July 8 and August 12 the Traffic and Transportation Commission reviewed this matter and received input from residents who supported the multi -way stop signs. Earlier this evening staff received an email from Luz Castro on Bellows Ct. (about 200 feet south of the proposed installation) who felt the installation would create an unsafe condition. DPW/Liu stated that the Commission concurred with staff to install the multi -way stop signs and recommended City Council approval. There was no one present who wished to speak on this item. 1 1 1 SEPTEMBER 7, 2004 PAGE 5 CITY COUNCIL MPT/Herrera moved, C/Chang seconded, to adopt resolution No. 2004-52 approving installation of multi -way stop signs on Armitos place at Rockbury Dr. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 7. PUBLIC HEARINGS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Chang, Huff, O'Connor, MPT/Herrera, M/Zirbes None None 7.1 ADOPT RESOLUTION NO. 2004-53 TO DENY AN APPEAL OF THE PLANNING COMMISSION DECISION REGARDING CUP NO. 2003- 05 REQUESTING TO UTILIZE AN EXISTING CALTRANS PARK AND RIDE LOCATED AT 100 N. DIAMOND BAR BOULEVARD FOR WEEKEND USED CAR SALES. (SAKLA APPEAL). DCM/DeStefano reported that this Public Hearing Appeal of a Planning Commission denial of Conditional Use Permit No. 2003-05 was requested by appellant, Nabil Sakla. The request is to utilize an existing Caltrans Park and Ride lot on north Diamond Bar Blvd. north of the SR 60 for weekend used -car sales. In May 2003 staff first spoke with the applicant regarding the proposed use to lease the property from Caltrans and rent spaces within the lot to sellers of privately owned vehicles. Staff's consistent opinion of the request was that such a land use was not permitted by the City's Code and was not appropriate at the proposed location. A continuous exchange of written responses from the City has indicated to Mr. Sakla that he had a right to process such an application not withstanding staff's professional opinion that such an application was inconsistent with City Code. The applicant was told that in order to properly process such an application much more than just a Conditional Use Permit would be necessary including a General Plan Amendment (the location has a freeway General Plan designation that does not allow commercial uses), and a Zone Change application (the property is not zoned). Additionally, the applicant was told that a C-2 Zone designation was most appropriate for this property and that it would not support his proposed land use. Any business within the City of D.B. must be associated with a permanent structure upon the property on which it is located. This property has no permanent structures and the applicant has not proposed a permanent structure, only that this land use be operated with a trailer that would be brought to the property on a temporary basis to correspond to the temporary use being proposed. The City Council adopted an ordinance about two SEPTEMBER 7, 2004 PAGE 6 CITY COUNCIL years ago that prohibits the sale of used merchandise unless it were directly related to an existing retail operation. The application presently before the Council does not contain a development review application required by the City. DCM/DeStefano stated that staff has steadfastly repeated to the applicant that the application would not be appropriate for consideration and that a number of additional applications would be required, the applicant continued to pursue his proposal without providing the required applications. As a result, staff brought the Conditional Use application to the Planning Commission for review and the Planning Commission concluded by a 4-0 vote that the property was not properly zoned and denied the applicant's request for a Conditional Use Permit. The applicant has, within the prescribed time period, appealed the Planning Commission's denial. DCM/DeStefano outlined Council's options and stated staff's recommendation that the City Council adopt a Resolution to uphold the Planning Commission's denial of Conditional Use Permit 2003-05. M/Zirbes asked if it were true that the proposed use would violate a City Council Ordinance and the City's Development Code. DCM/DeStefano responded that in staff's opinion, the applicant's proposal was inconsistent with the City's existing Development Code. Without a supporting approval of a General Plan, Zone Change, and possible Zoning Code Amendment, Variance and Development Review application, Council could not legally approve a Conditional Use Permit. Nabil Sakla, 2640 Upper Bay Drive, Oxnard said he applied for a zoning clearance in May 2003 which was denied. The City's letter stated that the reason for denial was Code Section 22.50.030, a copy of which was included. The Code Section referred to "temporary use." He said that in his opinion, the proposed use was continuous and systematic, not temporary. He pointed to an August 27, 2003 letter from CA/Jenkins stating the proposed use did not fall in the category of "temporary use" and that he complied with CA/Jenkins instructions to file for a Conditional Use Permit. Further, he did not file for a variance because Caltrans agreed that there would be a permanent structure on the location that would be attached with sewer, water and telephone. He said that staff kept adding requirements and that the General Plan was never mentioned until two months ago. The current General Plan does not even address the fact that there is currently a - Park and Ride parking lot on the premises. He said he was not a car SEPTEMBER 7, 2004 PAGE 7 CITY COUNCIL dealer and would not be engaging in the selling of cars. Individuals would conduct activity that they would otherwise be permitted to conduct in front of their homes or in any public forum. His service would get vehicles off the streets, decrease congestion and create an effective means for people to sell their cars. Many individuals do not feel safe to invite strangers to their homes to conduct business and his service would provide a safe atmosphere. He felt the Code Section was vague and over -broad. If the Code Section were applied to individuals it would, in his opinion, prohibit the public from conducting a First Amendment protected speech. Until today there was no concern about why staff would deny this use. He wondered if the City would do anything about people parking their cars on the site and offering them for sale because it was state owned property. There is no way that: a General Plan can prohibit a right already held by the public. M/Zirbes opened the Public Hearing Harold Eschner, Caltrans Right of Way Agent, 120 S. Spring Street, Los Angeles, said he was present to represent the Department. He spoke about a pilot program in Thousand Oaks that was started in 1993. He said that the proposed Park and Ride lot model would be beneficial to Caltrans as well as provide a service to the citizens of D.B. Residents in Thousand Oaks have been very pleased with the use which is a third -party private auto display lot, not a used -car lot. If the use were permitted Caltrans would negotiate a long-term ground use lease with Mr. Sakla. Caltrans recommended that Mr. Sakla obtain a Conditional Use Permit from the City of D.B. Mr. Eschner felt it was unreasonable for the City to require a zone change and ask the applicant to spend a significant amount of money without assurance of approval. He further suggested that the applicant be allowed to proceed under a Conditional Use Permit with specific time constraints such as 12-18 months to see whether the business would benefit the City. Larry Emmons said he resides in the trailer on the site and security is provided. He has been at the site for a couple of years and noticed that there are many cars parked in the lot over the weekend. A State Patrol officer told him that before someone was living on the site they received numerous calls about vehicles being vandalized. The Park and Ride and the street across from the lot are completely full during weekdays. If people are allowed to place their cars in the lot on weekends what happens if they don't take them away by Sunday night? Furthermore, the sign at the front of the Park and Ride says "no SEPTEMBER 7, 2004 PAGE 8 CITY COUNCIL storage or sales." With no one else wishing to speak on this item, M/Zirbes closed the Public Hearing. MPT/Herrera asked whether the applicant would work with staff or the Planning Commission to complete the application process. DCM/DeStefano responded that the proper applications would initially be filed with staff with determination to be made by the Planning Commission and ultimately, the City Council. Staff represented these procedures to the applicant who refused to comply as witnessed by his testimony. MPT/Herrera felt the Council had no basis for making approvals absent filing of the proper documentation by applicants. MPT/Herrera moved, M/Zirbes seconded to adopt Resolution No. 2004-53 to deny an appeal of the Planning Commission Decision regarding CUP No. 2003-05 requesting to utilize an existing Caltrans Park and Ride located at 100 N. Diamond Bar Boulevard for weekend used car sales. 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. COUNCIL CONSIDERATION: 8.1 APPROVE FIRST READING BY TITLE ONLY, AND WAIVE FULL READING OF ORDINANCE NO. 07(2004) REGARDING FILLING COUNCIL VACANCIES AND AMEND THE DIAMOND BAR MUNICIPAL CODE. CM/Lowry reported that based on Council's direction during tonight's Study Session ACA/ Wohlenberg prepared an amended Ordinance which she read into the record as follows: "A vacancy on the City Council shall be filled in the manner prescribed by law provided, however, if so determined by the City Council at the time of appointment, a person appointed to fill a vacancy on the City Council shall hold office only until the date of a special election which shall be immediately called to fill the remainder of the term. The special election may be held on the date of the next regularly established SEPTEMBER 7, 2004 PAGE 9 CITY COUNCIL municipal election or other regularly established election to be held in the City more than 114 days from the call of the special election." CM/Lowry further explained that by approving this amended ordinance it allows this Council and future Councils all options to most expeditiously fill any vacancy that may occur. It would allow Councils to select options, at their discretion, as to the length of the term of the appointment to the vacant position allowing benefit to the community of continued governance of the City. Adding this ordinance provides the remaining four Council Members the opportunity to set the length of the term for the appointment. There was no one present who wished to speak on this item. C/O'Connor moved, C/Chang seconded to approve First Reading by Title only and waive full reading of Ordinance No. 07(2004) regarding filling Council vacancies and amend the Diamond Bar Municipal Code. 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 APPROVE FIRST READING BY TITLE ONLY AND WAIVE FULL READING OF ORDINANCE NO. 08(2004) AMENDING PREFERENTIAL PARKING DISTRICT NUMBER ONE TO INCLUDE LAURELRIMI DRIVE IN ITS ENTIRETY; TO ESTABLISH PREFERENTIAL PARKING RESTRI+CTIONS ON LAURELRIM DRIVE; AND AMEND THE DIAMOND BAR MUNICIPAL CODE SECTION 10. 16.1350 ACCORDINGLY. M/Zirbes recused himself due to the proximity of his residence to the properties under consideration and left the Dais. MPT/Herrera asked for staff's report. PWD/Liu stated that staff learned of this matter when Laurelrim Dr. residents reported that they were experiencing difficulties with student parking during school days. Staff surveyed 92 residents living on Laurelrim Dr. Twenty-one postcards were returned in favor of the program and nine against. He explained the current permit program for District #1 and stated that staff's recommendation was for Council approval of the Ordinance for First Reading with further reading to be waived. SEPTEMBER 7, 2004 PAGE 10 CITY COUNCIL Flint McMillan, 21664 Laurelrim Dr. Unit A said that traffic was horrendous during the daytime and that there were times that he and his wife had to park a couple of blocks away from their home. The situation gets progressively worse through the year and is impossible by April. He asked Council to approve the permit parking. C/Chang moved, C/Huff seconded, to approve First Reading by Title only and waive full reading of Ordinance No. 08(2004) amending Preferential Parking District Number One to include Laurelrim Drive in its entirety; to establish Preferential Parking Restrictions on Laurelrim Drive; and amend the Diamond Bar Municipal Code Section 10. 16.1350 accordingly. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, MPT/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: M/Zirbes 8.3 APPROVE A THREE-YEAR CONTRACT WITH THE DIAMOND BAR CHAMBER OF COMMERCE IN THE'AMOUNT OF $72,000 FOR PROMOTIONAL AND CONSULTING SERVICES THROUGH FY 2006/07. DCM/DeStefano stated that following Council's direction staff worked with Chamber staff to reach an agreement on a contract that would cover a period of three years and reduce the City's contribution to the Chamber. The Chamber has agreed to the terms of a three year contract providing total compensation of $72,000 during the three-year period with an allocation of $36,000 for this fiscal budget year, $24,000 for next fiscal budget year and $12,000 for FY 2006-07. Funds would be provided to the Chamber to support their administrative function and a portion of those funds would be utilized for City advertising within the Chamber's publications. This agreement aligns with the Chamber's desire to become financially self-sufficient and secure. The Chamber has specific mission to hire a new executive director and implement a new mission. Staff recommends Council approval. Aziz Amid, Chamber President, along with Delilah Knox -Rios, President -Elect thanked DCM/DeStefano and LA/Clarke for their work in negotiating the proposed contract. The Chamber thanked the City Council for its past support of the D.B. Chamber of Commerce. As President he submitted a new vision for the Chamber, and the Board approved the vision, goals and objectives for the year 2004-2005. He SEPTEMBER 7, 2004 PAGE 11 CITY COUNCIL said he was confident that the Chamber would realize its vision and mission. He asked for Council approval. Mr. Amid responded to C/O'Connor that the September 1 meeting was held to launch a search for a new executive director and that an emergency meeting was scheduled for tomorrow, September 9. Ms. Knox -Rios stated that when they met with DCM/DeStefano they understood they would need Board approval. Upon perusal of their minutes they discovered they already had Board approval for the contract. Further, a copy of the contract and proposal was sent to each board member with no negative response. MPT/Herrera commended Mr. Amid and Ms. Knox -Rios fortheirvision and efforts toward promoting the Chamber's self-sufficiency. She said that the Chamber was important to the City, its residents and businesses and wished them great success. Ms. Knox -Rios said the Chamber appreciated being able to partner with the City for the betterment of the entire community. C/Huff echoed MPT/Herrera's comments. He appreciated that a business organization ran itself in a businesslike manner. C/Huff moved, C/O'Connor seconded to approve a three-year contract with the Diamond Bar Chamber of Commerce in the amount of $72,000 for promotional and consulting services through FY 2006/07. Motion carried with the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, MPT/Herrera, M/Zirbes NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/O'Connor asked residents to drive carefully in school areas and watch out for children now that school was in session. C/Chang congratulated the Chamber on its efforts. MPT/Herrera wished everyone a happy and restful September as the City geared up for a very, busy Fall. M/Zirbes thanked residents who had been in touch with him and other Council Members and asked for continued input to keep the Council working SEPTEMBER 7, 2004 10 PAGE 12 CITY COUNCIL toward improving the quality of life in D.B. ADJOURNMENT: There being no further business to conduct, M/Zirbes adjourned the meeting at 7:55 p.m. 4'LNDA C. LOWRY, 1 Y CLERK The foregoing minutes are hereby approved this 215ZdJay of sept- , 2004. BOB ZIRBE , AYOR