HomeMy WebLinkAbout4/17/2007 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
APRIL 17, 2007
STUDY SESSION: M/Tye called the Study Session to order at
6:05 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, Everett,
MPT/Tanaka and Mayor Tye. Absent: Council Member Herrera was excused.
Also Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works
Director; Bob Rose, Community Services Director; Ken Desforges, IS Director;
Linda Magnuson, Finance Director; Nancy Fong, Community Development
Director; Ryan, McLean, Sr. Management Analyst; Anthony Jordan, Parks and
Maintenance Superintendent; Alfredo Estevez, Desktop Support Technician, and
Tommye Cribbins, City Clerk.
► ANIMAL CONTROL SERVICE FEES — DISCUSSION AND ACTION.
CM/DeStefano explained that Council previously directed staff to examine
the current fee rate structure for licensing animals and the City's
contribution. He stated that staff is seeking feedback as to whether
Council would wish to consider increasing licensing fees for dogs as well
as licensing cats.
SMA/McLean explained that the City has kept its fee schedule about the
same for the past 10 or so years and Council's consideration is whether to
increase the fees to offset the difference paid from the City's General
Fund to cover the cost of the program. Another option would be to
consider licensing cats.
ACM/Doyle assured Council that past issues have been resolved and the
gentlemen from the service have been very helpful and cooperative.
Bill Harford, Executive Director, Inland Valley Humane Society, introduced
Jim Edward the Operations Manager and Brian Sampson, Superintendent
of Animal Services with IVHS. Mr. Harford stated that it was important for
the Council to know that the cost of providing services to D.B. based on a
shared cost environment with ten other communities throughout the Inland
Valley amounts to $225,000 per year. Mr. Edward is responsible to
generate as much of that as possible and of course, the service always
falls some 50% short. IVHS would like to do as much as possible to
capture as many user fee dollars as possible. The City has available to it
13 licensed inspectors. These staff members conduct license inspections;
however, they have not been in the City for four or five years. IVHS would
highly recommend that D.B. bring their fees up in order to have an equal
comparison with other communities in the valley that utilize the full
APRIL 17, 2007 PAGE 2 CC STUDY SESSION
services of the IVHS. He said that his organization highly recommends
that the City consider an increase to a $35/$15 fee schedule.
Mr. Harford stated that at this time the organization now handles more
cats than dogs in every city to the valley. Cat ownership has been ignored
and the IVHS is trying to bring this concern to the forefront. IVHS realizes
that it is a very difficult decision for some cities to adopt a cat -licensing
ordinance; however, some cities have adopted the program. IVHS feels
that it is important to get the word out about why it is as important for
residents to license cats as it is to license dogs. Not only from a revenue
standpoint but from the standpoint that there is a tremendous over
population of cats within communities the IVHS needs to get the word out
that cat owners need to be as responsible for their animals as they are for
their dogs and to accept the same standard of care.* Individuals should
license, vaccinate, etc. to safeguard them from having to end up at a
shelter.
M/Tye asked why cat owners should get a pass?
Mr. Harford felt they should not. But most political entities do not want to
deal with the cat -owning public.
M/Tye asked why the difference in cost for dogs and cats.
Mr. Harford explained that there were different laws for dogs and cats.
There is a no leash law for cats for example. Very few ordinances pertain
to enforcement of cat -related laws. The IVHS is attempting to cover the
costs of the City's sheltering cost for cats because the IVHS has to house
cats for a minimum of five days which is the same for dogs. The two fees
would give the City enough revenue cost to help some of the shelter costs.
C/Tanaka asked how close the licensing of cats would get the City to its
goal.
Mr. Harford responded that for the first two years it would not get the City
close at all because the first couple of years would consist of providing
education and re-education for the public. However, the revenue will pick
up as the IVHS does more canvassing. The result in both Laverne and
Pomona has been that once IVHS does more door-to-door canvassing the
license revenue increases for cats. People are not going to fill out an
application until they are mandated to do so through enforcement.
Following discussion and deliberation, Council Members unanimously
concurred to direct staff to prepare documents to increase the licensing
fee for dogs and include licensing of cats.
PUBLIC COMMENTS: None
1
1
1
APRIL 17, 2007
PAGE 3 CC STUDY SESSION
ADJOURNMENT: With no further business to come before the City
Council, M/Tye adjourned the Study Session at 6:32 p.m.
e
TOM Y CRIBBINS, City Clerk
The foregoing minutes are hereby approved this day of j,�y
2007.
oil ILI
STEVE -TY, Mayo
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
APRIL 17, 2007
CLOSED SESSION: 5:00 p.m., Room CC -8
Public Comments on Closed Session Agenda
No. Government Code Section 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
► Government Code Section 54956.9(a) - Pending Litigation —
People of the State of California v. Ratan Hospitality, LLS
(Scribbles) Case No. BC351925
STUDY SESSION: 6:05 p.m., Room CC -8
► Animal Control Service Fees — Discussion and Action
► Canary Island Pine Trees - Tree Replacement Program — Discussion and
Action continued to May 1, 2007.
CALL TO ORDER: Mayor Tye called the Regular City Council
meeting to order at 6:45 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
CM/DeStefano reported that during the Closed Session Council discussed status of
the Scribbles litigation and the City's current escrow for purchase of the Reed
Property. Council directed the City's Negotiator regarding the Reed Property and
took no action regarding Scribbles.
CM/DeStefano report that during the public Study Session following the Closed
Session Council discussed the possibility of increasing licensing fees for dogs within
the community and discussed consideration of licensing cats. Council concurred to
direct staff to prepare budgetary documents to be considered later this year in
preparation for the July 1 budget.
PLEDGE OF ALLEGIANCE: Allen Wilson led the Pledge of Allegiance.
INVOCATION: Ahmad H. Sakr, Ph.D., Islamic Education Center,
gave the invocation.
APRIL 17, 2007 PAGE 2 CITY COUNCIL
ROLL CALL: Council Members Chang, Everett, Mayor Pro Tem
Tanaka, and Mayor Tye. Council Member Herrera was excused.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director;
David Liu, Public Works Director; Bob Rose, Community Services Director; Linda
Magnuson, Finance Director; Nancy Fong, Community Development Director; Ryan
McLean, Sr. Management Analyst; Lauren Hidalgo, PI Specialist; Alfredo Estevez,
IS Tech; and, Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Submitted.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 M/Tye proclaimed April 15 through 21, 2007 National Library Week
and presented a Proclamation to Irene Wang, Librarian, Diamond Bar
Library. Ms. Wang thanked the City and the Friend of the Library for
their continuing support. Ms. Wang introduced the new Teen and
Reference Librarian, for the Diamond Bar Library.
1.2 MPT/Tanaka proclaimed April 2007 as Earthquake Preparedness
Month. M/Tye announced that it would be mailed to the County.
BUSINESS OF THE MONTH
1.3 M/Tye presented a City Tile to Ghazala Khan, owner of GK &
Associates as Business of the Month for April 2007.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Farben Drive Group Home Update
CM/DeStefano reported that due to staff becoming aware recently of
numerous requests for law enforcement services at the group home
on Farben Dr. and activities occurring within and adjacent to the home
by the occupants, staff has made numerous contacts with the State of
California, the licensing operator for the facility; the County of San
Bernardino, the placement for the children housed at the facility; and
Los Angeles County in order to generate a positive response to the
issues of the group home. He was pleased to report that staff had
received very favorable comments and a significant amount of
support from the State's licensing operation in Monterey Park. The
State has assured staff that they are looking into the matter by
reviewing the situation and has promised the City that there will be
answers provided within 7 to 10 days. If the State believes corrective
action is necessary it will provide the City with a copy of its corrective
action plan. The County of San Bernardino has been less responsive
APRIL 17, 2007 PAGE 3 CITY COUNCIL
2.2 "Envision Diamond Bar" Open House
CM/DeStefano explained that in the early 90's the City and its
residents came together for a variety of discussion sessions to talk
about the future of the City of D.B. Shortly after incorporation, D.B.
inherited a requirement to adopt a citywide Master Plan know as the
City's General Plan. The General Plan was adopted in 1995.
Thereafter the City adopted a comprehensive Parks and Recreation
Master Plan. Shortly after that in 1998 the City adopted a Trails
Master Plan. Throughout the years the City has implemented the
goals of the General Plan with Capital Improvement Programs, with
transportation policy initiatives, land use decisions and a wide variety
of other implementation techniques. Many of the goals and objectives
outlined within the documents have been met. What the City in 1995
envisioned as the future has either come to fruition or needs to be
polished as D.B. looks forward to its next 15-20 years. Therefore, the
City is commencing a process of engaging the community in a
collaborative effort to update those documents. Traffic congestion
remains. There has not been a lot of development in the community
while surrounding communities continue to develop which has
presented the City with many more traffic problems. Regional
transportation solutions are available and staff wants to talk with
but through the office of Supervisor Ovitt staff has been able to get
inroads into the County system to gain attention about this issue. Los
Angeles County does not have direct authority over this particular
group home even though it is within Los Angeles County. Los
Angeles County has been very helpful in leading the City to the proper
individuals within San Bernardino County and has had experience
with this particular group home operator because this group home
operator has other group home facilities within Los Angeles County.
Staff has received communication from Captain Kwan, D.B./Walnut
Sheriff's station that indicates the unnecessary calls for service as a
result of the problems identified. The City has also received a great
deal of assistance from Jennifer Vitoli from Assemblyman Huffs
office. When Assemblyman Huff served as a D.B. Council Member
he had concerns regarding the appropriate oversight for these types
of facilities within the community. Staff understands there has been a
change in the nature of children located at the Farben group home
and that a problem child that might have been the cause of some of
the issues and calls for service has been relocated to another site.
The City has concerns about the overall general oversight,
supervision, training, expertise of the management, etc. and those
issues are being looked at by the State. CM/DeStefano commented
on pending legislation that may result in more local control on these
types of facilities. Staff will discuss the pending measures at the May
1, 2007 meeting and staff will be recommending Council support of
the measures.
2.2 "Envision Diamond Bar" Open House
CM/DeStefano explained that in the early 90's the City and its
residents came together for a variety of discussion sessions to talk
about the future of the City of D.B. Shortly after incorporation, D.B.
inherited a requirement to adopt a citywide Master Plan know as the
City's General Plan. The General Plan was adopted in 1995.
Thereafter the City adopted a comprehensive Parks and Recreation
Master Plan. Shortly after that in 1998 the City adopted a Trails
Master Plan. Throughout the years the City has implemented the
goals of the General Plan with Capital Improvement Programs, with
transportation policy initiatives, land use decisions and a wide variety
of other implementation techniques. Many of the goals and objectives
outlined within the documents have been met. What the City in 1995
envisioned as the future has either come to fruition or needs to be
polished as D.B. looks forward to its next 15-20 years. Therefore, the
City is commencing a process of engaging the community in a
collaborative effort to update those documents. Traffic congestion
remains. There has not been a lot of development in the community
while surrounding communities continue to develop which has
presented the City with many more traffic problems. Regional
transportation solutions are available and staff wants to talk with
APRIL 17, 2007 PAGE 4 CITY COUNCIL
residents about those opportunities and how the City could participate
to solve regional transportation problems. He outlined the discussion
opportunities. Staff wishes to launch its first in a series of "Envision
Diamond Bar" on Saturday, April 21 from 10:00 a.m. to 4:00 p.m. at
the SCAQMD/Government Center in three or four sessions that is
open to public discussion. CM/DeStefano asked for public
participation to help be a part of Diamond Bar's future.
3. PUBLIC COMMENTS:
Mercedes Garrett, 21030 Chirping Sparrow Rd. said her son was a member
of D.B.H.S. and is an active band member who has participated in the last
four Rose Bow►s. Recently, her son sought to combine with other individuals
and created "Diamond Bar Herald Trumpet" group. Her son's group sought
to participate in the Diamond Bar Birthday Celebration and was told that his
group must be non-profit to obtain a booth and the application was denied.
The Chamber of Commerce told her that in order for his group to participate
they would have to pay $300; however, there was no room for the group. She
returned to the City to ask if she could obtain a craft booth for the group to
show their instruments, to show the instruments and give a video
presentation of their performances. She was denied the right to obtain a
craft booth. She again called the City to ask if it was possible for her son's
group to perform and she was told that was not possible. She requested that
the City reconsider its decision.
Gloria Furuken, 21010 Cool Springs Dr. said her son was also a member of
the Diamond Bar Herald Trumpet group and because of the City's
restrictions his group will not have the opportunity to pass out information
about the group during the City's Birthday Celebration. The parents would
like to recommend that the City Council invite elementary, middle and high
school students to participate in as many City functions as possible to
showcase their talents. There are many talented youth that would draw a
larger group to the City's Birthday Celebration or some other type of
celebration where they would be allowed to participate.
Gavin Furuken said he has served as a parade drum major for the past two
years and has been in the wind symphony at D.B.H.S. for two years. He
hopes to major in music. He is the conductor for the D.B. Herald Trumpet
group. He requested, on behalf of the group, that the City allow the group to
apply for and obtain a booth in order to showcase what the group does. The
D.B. Herald Trumpet is a small business that hopes to grow.
Glenn Garrett stated that he was the founder and owner of the "D.B. Herald
Trumpets," a group he formed in December 2006. Since that time the group
has grown from three Herald trumpets to over six plus a snare drum. The
group incorporates members from Walnut, Chino, Chino Hills and D.B. He
asked that the City reconsider the group's proposal to obtain a booth and/or
APRIL 17, 2007 PAGE 5 CITY COUNCIL
granting the group the right to play either walking around or on stage during
the City's Birthday Celebration.
Kathy Nolan, 23463 Wagon Trail Rd., on behalf of the DBIA, announced that
her organization was sponsoring the Car Show at the City Birthday
Celebration and asked everyone to participate, either as car owners or
observers. She extended a special invitation to the City Council to
participate in the awards portion of the ceremony. This year's show is being
held in honor of Bob Zirbes, founder and past president of the car show. In
addition to the usual awards, there is a special "Mayor's Choice Award" this
year.
4. RESPONSE TO PUBLIC COMMENTS:
CM/DeStefano asked that CSD/Rose get together after tonight's meeting
with The Herald Trumpeters to see if the City could arrange a possible
accommodation based on the schedule of events. If not, the City would look
forward to working with the group next year.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Envision Diamond Bar Open House — April 21, 2007 — 10:00 a.m. —
4:00 p.m., SCAQMD/Government Center, GB Room, 21865 Copley
Drive.
5.2 City's 18" Birthday Celebration — Sunday, April 22, 2007 —11:00 a.m.
to 5:00 p.m., Pantera Park, 738 Pantera Drive.
5.3 Diamond Bar Library closed for renovations — April 23 through May 5,
2007.
5.4 Crestline and Diamond Canyon Annexation Open House — April 23,
2007-7:00 p.m., Diamond Canyon Christian Church, 3338 Diamond
Canyon Road.
5.5 Planning Commission Meeting — April 24, 2007 — 7:00 p.m.,
SCAQMD/Government Center Auditorium, 21865 Copley Drive.
5.6 Parks and Recreation Commission Meeting — April 26, 2007 — 7:00
p.m., SCAQMD/Government Center Hearing Board Room, 21865
Copley Drive.
5.7 Arbor Day Celebration — April 27, 2007, 10:00 a.m. - Pantera
Elementary School, 801 Pantera Drive,
5.8 City Council Meeting — May 1, 2007 — 6:30 p.m.,
SCAQMD/Government Center Auditorium.
APRIL 17, 2007 PAGE 6 CITY COUNCIL
6. CONSENT CALENDAR: C/Chang moved, C/Everett seconded to approve
the Consent Calendar as presented. Motion carried by the following Roll
Call:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
6.1 CITY COUNCIL MINUTES
Chang, Everett, MPT/Tanaka,
M/Tye
None
Herrera
6.1 .1 STUDY SESSION OF APRIL 3, 2007 — Approved as
submitted.
6.1.2 REGULAR MEETING OF APRIL 3, 2007 — Approved as
submitted
6.2 RATIFIED CHECK REGISTER CONSISTING OF CHECKS DATED
MARCH 29 THROUGH APRIL 11, 2007 — in the amount of
$1,725,900.59.
6.3 AMENDED DESIGN SERVICES CONTRACT WITH KIMLEY-HORN
AND ASSOCIATES, INC. FOR THE PROSPECTORS ROAD
STREET REHABILITATION PROJECT FROM SUNSET CROSSING
ROAD TO GOLDEN SPRINGS DRIVE IN THE AMOUNT OF $28,947
PLUS A CONTINGENCY AMOUNT OF $3,000 FOR TOTAL
AUTHORIZATION OF $31,947.
6.4 APPROVED NOTICE OF COMPLETION FOR THE GRAND
AVENUE STREET IMPROVEMENT (BEAUTIFICATION/
BETTERMENT) PROJECT — PHASE 1 FROM STATE ROUTE
57/60 TO 470 FEET WEST OF CAHILL DRIVE.
6.5 ADOPTED RESOLUTION NO. 2007-25: AUTHORIZING THE CITY
MANAGER TO APPLY FOR ALL AVAILABLE HOUSEHOLD
HAZARDOUS WASTE AND USED OIL RECYCLING GRANTS
OFFERED BY THE CALIFORNIA INTEGRATED WASTE
MANAGEMENTBOARD.
6.6 ADOPTED RESOLUTION NO. 2007-26: ESTABLISHING A POLICY
THAT DELEGATES TORT LIABILITY CLAIMS HANDLING
RESPONSIBILITIES TO THE CALIFORNIA JOINT POWERS
INSURANCE AUTHORITY AS AUTHORIZED BY GOVERNMENT
CODE SECTION 910, ET SEQ.
7. PUBLIC HEARINGS: NONE
APRIL 17, 2007 PAGE 7 CITY COUNCIL
8. COUNCIL CONSIDERATION:
8.1 AWARD OF CONTRACT TO TEMPLETON PLANNING GROUP FOR
CREATION OF AN ENVIRONMENTAL IMPACT REPORT TO
EVALUATE POTENTIAL DEVELOPMENT OF THE DIAMOND BAR
GOLF COURSE SITE AND RELOCATION OF THE GOLF FACILITY
($397,672) AND AUTHORIZE A 15% CONTINGENCY ($60,000) TO
BE APPROVED BY THE CITY MANAGER FOR A TOTAL
AUTHORIZATION OF $457,672.
ACM/Doyle reported that the item before the Council was a
recommendation to award a contract to Templeton Planning Group for
creation of an environmental impact report for potential development
of the golf facility. Over the years residents have indicated their
interest in having more retail, dining and recreational opportunities in
the City. As staff looks for recreational opportunities staff has begun
looking toward the reuse of the existing D.B. Golf Course for such
uses. While no decision has been made staff believes it is
appropriate to begin the EIR process to evaluate the use of the site.
Through discussions with the owner, LA County, staff learned that in
order to gain access to the site for other potential purposes the City
would need to build a new golf course. This EIR will analyze potential
use of the existing golf course and development of a new golf course
at some other location. Staff is recommending approval with a 15%
contingency for a total authorization of $457,672. He reiterated that
no decisions have been made with respect to the current golf course
— this is exploration of possible use of the site. Staff will hold further
discussions with community members as the City proceeds through
this process.
C/Everett asked the rationale for a 15 percent contingency. He said
he would be comfortable with a 10 percent contingency.
DCM/Doyle responded that based on historical experiences 15
percent was staff's best estimate as well as, recognizing that this is a
very large EIR that deals with multiple sites. Typically, the City
authorizes a 10 percent contingency. However, due to the magnitude
of the project that includes different large sites staff felt that a 15
percent contingency was appropriate and would be approved only at
the specific direction of the City Manager.
Martin Pastucha, 22402 Robin Oaks Terrace, felt this was one piece
of an overall package for development of the community. He
understood that this was an exploratory issue but to spend $450,000
was to him a little far fetched. Generally, an EIR is done upon
completion of a more formal proposal. Secondly, he was concerned
that there would be ample opportunity for public outreach and
APRIL 17, 2007 PAGE 8 CITY COUNCIL
participation in this decision process.
Lori Pastucha, 22402 Robin Oaks Terrace, felt that the City was being
encroached upon by too much development and she saw this matter
as one more development project. Also, it appeared to her that the
City had already made a decision. She felt the golf course was an
excellent buffer for this community and that this matter was being
moved forward faster than it should be because the open house on
Saturday would be the place for a matter such as this to be discussed
before moving forward.
Allen Wilson said he was very concerned about the timing of the EIR.
The market knows what the site will bear. The taxpayers should not
have to pay for an EIR on the golf course site and wondered whether
the taxpayers paid for an EIR on the Target site? This is an
expensive EIR and felt it would open Pandora's box on other
developments in the City. Has the City filled all of its shopping
centers? Other sites should be considered. The golf course is the
only buffer D.B. has between itself and the City of Industry. He lives
across from the D.B. golf course and his quality of life is more
important than having more retail on the site. He hoped the City
would be very careful about what would be done with this report and
he felt that a private entity should put their money toward this project
rather than have the City take the money from the taxpayer's pockets.
Larry Smith, 22536 Ridgeline Rd., applauded the City Council for
having the vision to move forward on this matter which has been
discussed over the years numerous times. He has played golf at the
D.B. golf course, which was built before the freeway was built.
Playing golf next to a freeway is not ideal and having a new modern
golf course in the hills could be very exciting. In driving around
Southern California it is obvious that retail businesses thrive when
located on freeways. In his opinion, the City needs to move forward
on this matter.
C/Chang felt that this matter would result in a lot of attention and folks
would feel that these changes might be too huge. However, the City
has been talking about this concept for several years. The only
reason the City thought about doing this was because it had been
approached by entities that wanted to develop the golf course. The
City understands the importance of the golf course location and its
position is that it needs to protect the best interest of the residents.
Rather than allow developers to decide what to do with the property
this is a proactive method for the City to make decisions concerning
the site. C/Chang said that unlike Walnut, Pomona, Brea and other
cities D.B. does not have redevelopment funds and the City has no
way to help property owners revitalize their shopping centers.
APRIL 17, 2007 PAGE 9 CITY COUNCIL
C/Everett responded to Mr. Smith that with respect to this location and
the City, opportunities are limited and this is a unique situation
because the property is owned and controlled by the County of Los
Angeles. It is also a good opportunity for D.B. to determine what
opportunities are available. The EIR proposal is serious work. With
respect to public interaction, task #2 identified in the proposal by the
contractor is a "public scoping meeting." This Saturday offers another
opportunity. This matter is an ongoing effort that requires a great deal
of attention and dialogue. He encouraged feedback from residents. If
the Council decides to move forward with the EIR it should be an all-
inclusive piece of work. He is also concerned about the potential
income and has earnestly listened to staff wrestle with ideas for
potential opportunities for the kind of development requested and
demanded by residents. This location offers an opportunity to
respond to those requests and demands and still protect the quality of
life with input from all interested parties.
CA/Jenkins responded to Mr. and Mrs. Pastucha supplementing
comments made by both Council Member Chang and Council
Member Everett. Mr. Pastucha raised the point that the
Environmental Impact Report process should come later in the
process after some initial feasibility studies and afterwhatever project
was more fully fleshed out. Mrs. Pastucha made the point that by
moving forward with an EIR now it seemed to her that the City was
pre -committed to a decision and that this was a sham suggesting also
that the City, while complying with the law, technically was not
complying with the spirit of the law. This raises an interesting issue,
one that has been the subject of two recent published Court of Appeal
decisions in California, which involves the question of timing of an
Environmental Impact Report in connection with a project in which a
public agency is involved. CA/Jenkins said he knows a bit about the
subject because he is lead counsel in one of those cases. What is
interesting is that typically the opponents of a project ordinarily are
making the exact opposite argument made by the Pastucha's tonight.
The contention is that the EIR came "too late" in the process and that
as a consequence of coming too late, the project was formulated
without the benefit of the environmental information and without a full
understanding of the environmental consequences of the project.
And that, as a consequence of it coming too late the environmental
analysis was, in fact, a "rubber stamp." And so that is the exact
opposite of the argument that was made tonight. And while it is not
possible tonight for CA/Jenkins to tell the Council that an EIR must be
completed because in the case that he is handling on behalf of
another city he represents, they are contending that the EIR could
legally come later on in the process. The City Council could not,
under any circumstances, be criticized for performing an EIR as early
in the process as is being contemplated now. And the reason for that
is, under CEQA it is the most prudent thing that a Council could do to
APRIL 17, 2007 PAGE 10 CITY COUNCIL
commence the EIR process in order to gather the environmental
information and be informed of the environmental consequences of its
actions before any project gets too far along. He reiterated that it was
not necessarily that the City would legally have to do the EIR now.
But he was saying that the Council could not be criticized under the
law for doing the EIR at this earliest stage. And in fact, this is a very
prudent thing to do because it is the very argument that many people
could make later on and would make later on if the Council did not
start the process soon enough. CA/Jenkins said that his feeling was,
based on law as he knows it, while there is a range of time that an
entity could not be, under the law, criticized for starting it as early in
the process as at this time. And this will give all people in the
community regardless of their point of view and regardless of where
they come down on this issue an opportunity to participate in the
CEQA process, which is a process that is an outreach process and
invites comments about the environmental consequences of a City's
actions. Ultimately, that is what this process is about.
MPT/Tanaka said he too was concerned about the entire project and
believed that the Environmental Impact study allowed for both pro and
con input and he believed it was good to move forward to allow time
for adequate input. He believed that he and his colleagues were
operating as openly and as transparently as possible and were
inviting public comments and were open to considering all input.
M/Tye agreed that this process was about as public and transparent
as the Council could be. This is the place where changes are made
and this is why individuals are encouraged to come forward and
address their Council with their views and concerns. M/Tye said there
is no deal and the deal is not done. He asked CM/DeStefano if there
was a problem with bringing this item back on May 1 so that the public
and the City has an opportunity to dialogue during the Saturday
Envisioning Open House and CM/DeStefano responded that there
was no problem at all. M/Tye asked his colleagues to consider
bringing the matter back in two weeks so that the public could be
heard.
C/Everett moved, MPT/Tanaka seconded to continue Item 8.1 to the
May 1, 2007 meeting to allow time for public input and dialogue at the
Saturday Envisioning Open House.
M/Tye thanked C/Chang for reminding everyone that this is a process.
He enumerated the many positive changes in D.B. and reiterated that
this is a dynamic process to figure out the right thing for D.B. and he
wants to make decisions only after having all of the facts despite what
others and those outside the border of the City would have residents
believe.
1
APRIL 17, 2007 PAGE 11 CITY COUNCIL
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Everett,
MPT/Tanaka, M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Herrera
RECESSED TO REDEVELOPMENT AGENCY AND PUBLIC FINANCING
AUTHORITY ANNUAL MEETINGS:
M/Tye recessed the Regular City Council Meeting to the Redevelopment Agency
and Public Financing Authority Annual Meetings at 8:18 p.m.
RECONVENED CITY COUNCIL MEETING:
M/Tye reconvened the Regular City Council Meeting from the Redevelopment
Agency and Public Financing Authority Meetings at 8:23 p.m.
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Chang said he had attended many meetings and events during the past
two weeks. He spoke about the wonderful Easter Egg Hunt enjoyed by
thousands of young people with MPT/Tanaka and the Lions Club hosting the
event and with great backup from the City staff and the volunteers. He
applauded the Wine Soiree hosted by the Friends of the Library. It too was a
wonderful event that raised money to support the library. He advised the
Council that he would be out of town during the City's Birthday Celebration.
He talked about the tragedy at Virginia Tech. He and C/Chang's family
extended their profound condolences to all of the victims, their families, the
students, staff and the campus.
C/Everett spoke about the Easter Egg Hunt and how special the celebration
was for the kids. He thanked MPT/Tanaka, his wife Wanda, the team from
the Lions Club, CSD/Rose and his staff as well as a number of sponsors that
attended. He thanked CM/DeStefano and staff for providing a timely follow
up to the community on the Farben Dr. group home. He encouraged
individuals to immediately call staff or a Council Member when they
encounter problems in their neighborhoods — please do not wait for a Council
meeting. He also encouraged everyone to participate in the Envision Open
House, the City Birthday Party and Arbor Day. He said he and his wife were
very grieved about the activities at Virginia Tech and although those activities
missed them directly, they are directly affected.
MPT/Tanaka stated that on April 4 he attended the WCCA meeting; he
thanked C/Everett and M/Tye and CM/DeStefano for attending the League of
California Cities LA County Division meeting on Thursday, April 5; on
Saturday he attended the Easter Egg Hunt hosted by the D.B. Breakfast
APRIL 17, 2007 PAGE 12 CITY COUNCIL
Lions Club and the City of D.B. He thanked President Wanda Tanaka for
organizing the Lions and getting all of the volunteers together including the
two Leo Clubs, one from Chaparral Middle School and one from D.B.H.S.
Staff has done a wonderful job co -hosting the event during the past 24 years.
He also thanked the Y's Men for providing the breakfast and Miss D.B. and
her court for their attendance and help selling raffle tickets; on Thursday,
April 12 he attended the Southern California Gas Company's 6th Annual
Municipal Green Building Conference and Expo; on Saturday April 14 he
attended the Earth Day Celebration hosted by the Sanitation District; On
Sunday he attended the Wine Soiree; yesterday afternoon he attended the
SC Edison open house regarding the Tehachapee renewable transmission
project; he thanked the D.B.H.S. students that remained through tonight's
meeting.
M/Tye thanked Lt. Maxey and his colleagues in the Sheriff's Department for
finding another marijuana house. He reiterated that everyone is invited to
help plan the future of D.B. during the Envision Diamond Bar Open House
that is scheduled for this Saturday, April 21St from 10:00 a.m. to 4:00 p.m.
The reason he reiterated the meeting is because the Hills for Everyone group
sent out an email indicating that the golf course matter is something sneaky.
This invitation was sent out to every resident of D.B. and the City hopes to
see everyone at the open house. Remember when the Hills for Everyone
said last December that backroom deals were being cut and the Council was
being sneaky and doing things the public didn't know about? This process is
about as open and transparent as a City can get. Now the complaint from
the Hills for Everyone is oh my goodness - that went out just nine days
before the meeting is scheduled". How do they expect people to make
plans? Don't they know that people have other plans for nine days away —
for more than a week away?" So, if the City sends the notice out too soon —
M/Tye asked if folks remembered that so often the public says they did not
get the postcard about the Neighborhood Traffic Management Program
meetings. This is as public as the City can get. Postcards were sent to
everyone. It is a topic of conversation this evening. If the announcement
had been sent out a month ago Hills for Everyone would complain that notice
was sent too soon and it would be lost. In this case, notice has gone out
more than a week ahead of the open house. By the way, if someone is
watching the City Council meeting on Saturday, please turn off the TV and
go down to the AQMD/Government Center building and participate in the
open house. The objective of Hills for Everyone is self-serving and not in the
best interest of D.B. Hills for Everyone doesn't care about D.B. and just
wants people to believe something underhanded is taking place when that is
as far from the truth as it can be.
M/Tye said the Easter Egg Hunt was terrific. He saw a recap of it.
CSD/Rose said the event started at 10:00 a.m. and was over by 10:05 a.m.
1
1
APRIL 17, 2007 PAGE 13 CITY COUNCIL
M/Tye felt that might be a stretch and that it was over by about 10:02 and 1/2.
MPT/Tanaka and his wife Wanda have assisted with this event for the past 24
years and are to be congratulated for their effort. The 14th Annual Friends of the
Library Wine Soiree was a terrific success and congratulations to Nancy Lyons,
Tony Torng and Rick Rogers who co-chaired the event. He thanked
CM/DeStefano and CDD/Fong for pouring wine and participating on behalf of
and for the community.
,ADJOURNMENT: With no further business to conduct, M/Tye adjourned the
regular City Council meeting at 8:43 p.m. in honor of the tragedy at the Virginia
Tech Campus, the 33 individuals who were killed and all who were affected.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this 1st day of May 2007.
L T— -
STEW TYE, MA40R