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HomeMy WebLinkAbout11/6/2007 Minutes - Regular Meeting1 Ll MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 6, 2007 CLOSED SESSION: 6:00 p.m., Room CC -8 ► Government Code Section 54956.9(a) — Pending Litigation — (1 Case) People of the State of California v. Ratan Hospitality, LLS (Scribbles) Case No. BC351925 CALL TO ORDER: MayorTye 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. CM/DeStefano reported that tonight's Closed Session was canceled due to a postponement in the legal proceedings that were scheduled earlier in the week. PLEDGE OF ALLEGIANCE: Keith Vorndran led the Pledge of Allegiance. INVOCATION: Pastor Bob Stebe, Northminster Presbyterian Church gave the invocation. ROLL CALL: Council Members Chang, Everett, Herrera, Mayor Pro Tem Tanaka and Mayor Tye. Staff Present: James DeStefano, City Manager; Mike Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Ken Desforges, IS Director; Ryan McLean, Asst. to City Manager; Linda Magnuson, Finance Director; Rick Yee, Senior Engineer; Kimberly Molina, Assistant Engineer; Dennis Tarango, Building Official, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Herrera presented a City Tile, and Assemblyman Bob Huff presented a Certificate to outgoing Traffic and Transportation Commissioner Jack Shah. NEW BUSINESS OF THE MONTH: 1.2 MPT/Tanaka presented a City Tile to Anthony Marquez and Reno Pignotti, owners of Dante's Italian Deli as New Business of the Month for November 2007. NOVEMBER 6, 2007 PAGE 2 CITY COUNCIL 1.3 Assemblyman Bob Huff gave an update on what is happening in Sacramento with an emphasis on healthcare, prison reform, transit issues and the water budget. 1.4 Presentation by Dr. John Nixon, President, Mt. San Antonio College spoke regarding the progress on the campus construction and the commitment to the students attending the college. He also introduced Board Trustee Dr. Baca and student Ms. Pargani who also spoke about the opportunities offered and progress being made. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: Roger Myer asked the City Council to consider implementing a policy that would prohibit political signs on the public right-of-way. Bridget Del Rio Cortes invited residents to participate in the Third Annual Relay for Life at Lorbeer Middle School. For additional information, call 626- 966-9994, Option B. Sherman Griffone, 6 Mountain Shadows PI. announced that the Diamond Bar Friends of the Library would be hosting the next Inland Valley Scripps Regional Spelling Bee on March 1, 2008 in the SCAQMD/Government Center Auditorium. Lydia Plunk hoped that D.B. would take an audit of its irrigation system to reduce its water usage and encouraged everyone to read the Sunday LA Times article on Succulents, the "water balloons" of plants. Mangal Gulshan spoke about traffic concerns. Mary Matson spoke about comments made by the Mayor during the last Council meeting and concurred with Mr. Myer that the placing of political signs in the public right-of-way should be prohibited. 4. RESPONSE TO PUBLIC COMMENTS: M/Tye responding to Mrs. Matson stated that comments he made regarding the Tribune Editorial was not directed toward MPT/Tanaka. He publicly apologized to MPT/Tanaka and said that he had telephoned MPT/Tanaka to apologize following the last Council Meeting. - CM/DeStefano stated that with respect to the political sign portion of the City's Municipal Code, signs were properly placed. Based on the past 10 or 12 elections this year presented the fewest problems. The signs are within the rules and subject to the City Council changing the rules political signs are NOVEMBER 6, 2007 PAGE 3 CITY COUNCIL permitted within the public -right-of-way. PWD/Liu responding to Mr. Gulshan's traffic concerns stated that the City uses video detection cameras. During the past few weeks, however, the City has experienced fog that impedes the left -turn cycles during morning peak driving hours. The City is responsive to these concerns and during heavy fog the systems go to a recall mode to cycle vehicles. C/Herrera felt that Mary Matson was misinformed about certain political signs being placed by her. She stated that they were actually provided by a resident. The resident exercised his right to free speech. C/Herrera failed to see how signs that said re-elect Carol Herrera and Jack Tanaka, proven D.B. leaders would be a problem. .`i. SCHEDULE OF FUTURE EVENTS: 5.1 Veteran's Day Recognition — November 7, 2007 — 9:00 a.m., Diamond Bar Community Center, 1600 S. Grand Avenue. 5.2 Traffic and Transportation Commission Meeting — November 8, 2007 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.3 Veterans' Holiday — November 12, 2007 — City offices closed in observance of Veterans' Day. Offices reopen on Tuesday, November 13, 2007. 5.4 Planning Commission Meeting — November 13, 2007 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.5 Sunday at the Center "Art Show and Sale" — November 18, 2007 — 10:00 a.m. —4:00 p.m., Diamond Bar Center, 1600 S. Grand Avenue. 5.6 City Council Meeting — November 20, 2007 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Chang moved, C/Herrera seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Everett, Herrera, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NOVEMBER 6, 2007 PAGE 4 CITY COUNCIL 6.1 CITY COUNCIL MINUTES (a) Study Session Minutes of October 16, 2007 — as submitted (b) Regular Meeting of October 16, 2007 — as submitted. 6.2 PLANNING COMMISSION MINUTES (a) Regular Meeting of September 11, 2007 — Received and filed. (b) Regular Meeting of September 25, 2007 — Received and filed. 6.3 PARKS AND RECREATION COMMISSION MINUTES Regular Meeting of September 27, 2007 — Received and filed. 6.4 TRAFFIC AND TRANSPORATION COMMISSION MINUTES — Regular Meeting of September 13, 2007 — Received and filed. 6.5 RATIFIED CHECK REGISTER— dated October 11, 2007 to October 31, 2007 totaling $1,667,758.62. 6.6 APPROVED PRELIMINARY TREASURER'S STATEMENT — SEPTEMBER 2007. 6.7 ADJOURNED THE JANUARY 1, 2008 MEETING TO JANUARY 15, 2008. 6.8 RENEWED FOR ONE YEAR THE LETTER OF CREDIT FOR THE CITY'S PUBLIC FINANCING AUTHORITY VARIABLE RATE LEASE REVENUE BONDS, 2002 SERIES A. 7. PUBLIC HEARINGS: 7.1 (a) FIRST READING OF ORDINANCE NO. 07 (2007) AMENDING TITLE 15 OF D.B. MUNICIPAL CODE ADOPTING BY REFERENCE, THE "CALIFORNIA BUILDING CODE" 2007 EDITION, VOLUMES 1 AND 2, INCLUDING ALL APPENDICIES THERETO, APPENDIX CHAPTER 1 OF THE 2007 CALIFORNIA BUILDING CODE AS THE ADMINISTRATION CODE, THE "CALIFORNIA MECHANICAL CODE" 2007 EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA PLUMBING CODE" 2007 EDITION AND THE APPENDICES THERETO THE "CALIFORNIA ELECTRICAL CODE" 2007 EDITION AND THE APPENDICES THERETO, THE "UNIFORM HOUSING CODE" 1997 EDITION AND THE APPENDICES THERETO AND THE "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE" 2000 EDITION, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS INCLUDING FEES AND PENALTIES. NOVEMBER 6, 2007 PAGE 5 CITY COUNCIL (b) ADOPT RESOLUTION NO. 2007-59: MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE CALIFORNIA BUILDING CODE, CALIFORNIA PLUMBING CODE AND CALIFORNIA ELECTRICAL CODE, AS ADOOPTED BY ORDINANCE NO. 07 (2007) ARE REASONABLY NECESSARY BECAUSE OF THE LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS. BO/Tarango gave a brief background regarding certain Building Codes indicating that typically, the State of California reviews codes every three years. The United States adopted a uniform code applicable through the country and the State of California adopted the new code in July 2007 mandating local cities to adopt and amend the code within six months of the State's adoption. He explained the amendments and asked that the City Council approve the amendments. C/Herrera asked what the City would do about existing items under pools, spas and ponds that would not fall under the new guideline. BO/Tarango responded that existing items built prior to the current code (seven years) would be "grandfathered" in. C/Everett referred staff to Section105.8 on Page 6 regarding qualifications for receiving a permit, and asked if D.B. added the item rather than the State. BO/Tarango responded that the State of California mandates that a permit shall be issued to a licensed contractor or to a homeowner builder and what staff attempted to do is to make it clear that if a homeowner took out a permit the resident would be responsible for the permit including providing Workers' Compensation insurance. C/Everett asked how the City would receive notification and stop work in the event the required insurance was canceled. BO/Tarango said he would obtain a response for the Council C/Everett said he had three concerns: 1) the exemption to have Class C or better if less than 25% of the roof is in need of repair. It seemed to him that the Code should say that homes must have Class C or better if repaired. He said he would like to have the matter of economic consideration investigated but would prefer to have Class C or better materials required. 2) Section 105.1.1. C/Everett thought that if there were electrical or plumbing involved in buildings under120 sq. ft. it should require a permit. 3) Fences and walls. C/Everett said he would prefer an exemption for a six-foot high or shorter wood NOVEMBER 6, 2007 PAGE 6 CITY COUNCIL fence. BO/Tarango said that a permit would be required by the amendment and that such structures can be owner built. M/Tye said he tended to agree with C/Everett about wood fences. BO/Tarango responded that the City has experienced difficulty with damaged fencing in the case of wind bursts and earthquakes and staff felt there should be minimum design criteria to protect neighborhoods. M/Tye opened the Public Hearing. Lydia Plunk was concerned that the amendments would put onerous demands on homeowners and that they would not be able to afford to make necessary repairs. Kevin House, 2536 Harmony Hill, said he appreciated what the Planning Commission needed to do but was opposed to the fencing and roofing amendments. C/Herrera said that in accordance with comments by C/Everett and public speakers and the fact that in the past micro bursts have taken down trees, it would follow that fences might also come down under such conditions. She asked that the matter be continued for further analysis of the input. CM/DeStefano pointed out that there was an urgency to adopt this document prior to January 1, 2008. The option would be to adopt this by urgency and forego the curing period that typically takes place for an ordinance. CA/Jenkins said that if the Council is not prepared to adopt this ordinance tonight it could consider the ordinance for first reading by the next City Council meeting on an emergency basis. C/Everett moved to approve for first reading by title only and waive full Reading of Ordinance No. OX (2007) with the exception of Section 105.2.5 and Section 1505.1.1. BO/Tarango said he was prepared to change the percentage requirement under Section 1505.1 .1 from 25 to 10%. C/Everett concurred and revised his motion accordingly. C/Herrera asked that the motion be amended to delete Sections 105.2.5 and 1505.1 .1 for further staff analysis. NOVEMBER 6, 2007 PAGE 7 CITY COUNCIL C/Everett said he wanted a stricter permit process for re -roofing and would recommend 10% instead of 25%. C/Chang felt there would not be concurrence for the 10%. CA/Jenkins said he felt there was confusion. For example, high fire zones, Fire Zone 4, requires Class A roofing. He was not sure it would make sense to have a higher percentage on a Class C roof. Perhaps staff could invite the Fire Department to a Council Meeting next year for discussion. One option would be to adopt the Code tonight in order to provide an ordinance for staff to enforce and engage in conversation about changes at a later date. C/Everett withdrew his motion. C/Herrera moved and MPT/Tanaka seconded to delete Section 105.2.5 and introduce Ordinance 07 (2007) for First Reading and Adopt Resolution No. 2007-59: Making Express Findings and Determinations that Modifications to the California Building Code, California Plumbing Code and California Electrical Code, as Adopted by Ordinance 07 (2007) are Reasonably Necessary Because of Local Climatic, Geological or Topographical Conditions. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Everett, Herrera, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS C/Chang said he was honored to accompany his wife to Taiwan to witness her receiving an award as one of the top ten women entrepreneurs. He congratulated all who win this evening's election and for those who do not win they should not be disappointed but continue to serve the community. C/Everett thanked his colleagues for appointing him to fill the remainder of Council Member Zirbes' term. He said he was very concerned about elections being referred to as "silly season." He hoped the community had grown tired of the infighting and mudslinging. He noticed that not one campaign sign was on the grounds of D.B.H.S. and agreed with speakers that political sign rules should be reviewed in order to bring respect and consideration to the election process. He said he too was affected by the L.A. Times article entitled "Portraits Etched by Disaster" in the Sunday, NOVEMBER 6, 2007 PAGE 8 CITY COUNCIL October 28 edition. He thanked the D.B. firefighters who participated. He displayed a PUSD Internet article that discussed the exciting milestone ribbon cutting ceremonies for the Cortez Mathematics and Science Magnet School, pre -K through 8. C/Herrera hoped that everyone took advantage of the right to vote. This is a critical election. She thanked her friends who worked hard on her behalf. During this election cycle there was a lot of misinformation and one comment was that members of the public were not allowed to speak in front of the Council, something that is not true. Members of the public are allowed to speak for five minutes on any item not on the agenda. In addition, members of the public may ask to have an item removed from the Consent Calendar in order to offer their input and public input is sought during public hearing items and matters before the Council for consideration. People talked about the City's reserves and said it was shameful that the City was not spending its money. D.B. is surrounded by 8000 acres of undeveloped land and is very fortunate that it has not suffered a major disaster. However, it could happen and the City remains prepared by maintaining a reserve should such an event occur. At the last meeting she asked that the matter of the golf course be placed on the next agenda because there had been tremendous adverse public opinion about the Council's goal to consider developing the golf course. When the draft agenda fortonight's meeting was prepared that item was included. However, she was very disappointed that the item had been removed from the final agenda. It is too bad that politics enter into the public's ability to speak their desires. However, it will be discussed on November 20 during the Council's study session. In the meantime, she believes it should be removed from the list of Council Goals because it is what the people want. She thanked everyone for participating tonight. She agreed that the City should adopt an ordinance that prohibits political signs. This year was the worst. She personally lost $2000 worth of signs, which amounted to all of her signs. MPT/Tanaka announced that he had attended the Three Valleys Water Leadership Breakfast with his Council colleagues and honored the teachers of the Year from the Walnut Valley School District. He attended the celebration of Red Ribbon Week at Pantera Elementary and attended the PUSD School Board meeting. He was present at the Cortez Math and Science Magnet School Ribbon Cutting Ceremonies. He attended the D.B. Senior Citizens Halloween Dance; COG Leadership Breakfast Meeting; Pomona Valley and D.B/Walnut YMCA Celebrity Waiter Luncheon; Fall Fun Festival and D.B. Haunted House at Heritage Park. He also attended the D.B. 4 -Youth Middle School Dance. This Thursday through Saturday he will represent the Mayor at the Mayor's Summit in Madison, Mississippi. He thanked everyone for taking the time to vote and thanked his mother-in-law Evelyn Chang for bringing him a lei from Hawaii. NOVEMBER 6, 2007 PAGE 9 CITY COUNCIL M/Tye said that MPT/Tanaka won for best costume at the Fall Festival. Relative to political signs he feels that people have the right to express themselves. He said he was fascinated by the process because it was incredible to him that anyone would find fault with a sign encouraging re- election of those who were serving well. No mention is made of the despicable signs that went up after the last Council Meeting. His pastor indicated that the signs were "gutless" and as far as he was concerned, those signs were put up under the cover of night and that no one should be proud of participating in that type of despicable behavior. He further stated that there are two things we have to be very, very clear about — we live in a desert and we have to be very, very careful about water. He said he was not big on mandatory imposition of measures but if everyone is diligent this City can conserve water. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the regular City Council meeting at 9:00 p.m. in honor of the brave firefighters from Ventura to San Diego Counties that kept everyone safe. God bless them and the work that they do. �ECRIBBINS, CITY CLERKTOMM The fo"g minutes are hereby approved this 20tthlay of Noveikaber , 2007.