Loading...
HomeMy WebLinkAbout4/1/2008 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION APRIL 1, 2008 STUDY SESSION: M/Tanaka called the Study Session to order at 5:30 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, Herrera, Tye, Mayor Pro Tem Everett, Mayor Tanaka. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Brad Wohlenberg, Assistant City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Linda Magnuson, Finance Director; Ken Desforges IS Director; Kimberly Molina, Assistant Engineer; Ryan McLean, Asst to City Manager; Anthony Santos, Management Analyst; Patrick Gallegos, Management Analyst; Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. ► DISCUSSION OF TEMPORARY (POLITICAL) SIGNS — Discussion and Action PM/Gubman provided a power point presentation, outlining the current ordinance. He stated that the reason for discussion today was due to complaints made following the November election. He indicated that staff took into account how other cities regulate signs. He asked for Council direction regarding whether it wished to amend the ordinance to prohibit political signs in the public rights-of-way. He stated the City is limited by law as to how it may regulate signs and that it can only regulate the time, place and manner in which political and other types of signs are displayed - the City cannot regulate content. Mr. Gubman further stated that the Code is silent with respect to regulating signs on private property. MPT/Everett asked about "freedom of speech" and community deterioration. He also wanted to know how much time staff spends picking up signs. ACA/Wohlenberg said that this discussion focuses on signs in the public right of way and not on private property. Within the public rights of way, the public has an interest in using the right of way for transportation and keeping those areas safe. The court has a balancing test about how speech can be restricted within the right of way, i.e. time, place and manner restrictions. The signs are not restricted in what they say but when and where it is said in the least restrictive method. Political sign ordinances have generally been upheld as time, place and manner restrictions even when it is merely a ban on temporary signs in the public rights of way. Meandering into what the sign says can pose problems. Courts fall back on the idea that private property owners can put up signs APRIL 1, 2008 PAGE 2 CC STUDY SESSION without restrictions as to content. Concerns in other jurisdictions include the limitation on the time before the election. There is a court case out of the State of Washington that did not reach federal review; in that case, the courts overturned the 60 -day limit on the time before the election saying that it was the cheapest way for a new candidate to get his/her name before the public. Cities run into problems when they more heavily restrict political signs and not commercial signs. MPT/Everett asked who was responsible for monitoring who puts up signs. ACA/Wohlenberg responded that the time, place and manner restriction is focused on what the sign is and where it is but not on whom the speaker is. C/Herrera stated that the FPPC requires that if someone spends more than $1000 you must identify who created the sign. ACA/Wohlenberg responding to MPT/Everett said that generally, this is not something that is regulated on a local level. State and Federal rules may already pre-empt the City's rules. C/Tye said he did not view the regulation of signs as improving the sense of community. C/Herrera explained that during the last study session a resident said that if the City prohibited political signs it would have to prohibit banners and asked if that was correct. ACA/Wohlenberg said the difference is that it is likely okay for the City to speak in the form of banners for a City purpose. Temporary signs are regulated by time, place and manner, the size, and where and how they are placed in order to protect the public's safety. There is a difference in the two types of signs based upon the City's role. ACA/Wohlenberg explained to C/Chang that if the Council determined to disallow temporary signs in the public right of way it would basically cover all temporary signs. C/Chang personally felt that temporary signs should not be allowed in the public right of way to keep the community more peaceful, not to restrict freedom of speech. There are many ways to get the message out through mailings, etc. and signs on private property. He felt it would promote friendlier campaigns. C/Tye agreed to some extent but felt it would be limiting not to allow people the right to get their message out. APRIL 1, 2008 PAGE 3 CC STUDY SESSION C/Chang felt something had to be done to curb such egregious behavior. M/Tanaka felt the same as C/Tye that it was something residents did not want to have to deal with. However, if the individuals would self -monitor their signs there would be little else that would be more effective and the City should not be precluding or limiting good folks from being able to get the word out. C/Chang pointed out that candidates would not be deprived of advertising on private property. Since 1997 there has been a problem with certain people placing signs in the public right of way. C/Herrera said she was probably the recipient of the most egregious signs and the City was talking about restricting signs back in November. At that time, there were public speakers who objected to any type of restrictions. Those running for office are fair game because they place themselves in the public arena. The public believes that when it comes to their public officials they have a right to say anything they want about them. All things considered she would be opposed to eliminating signs in the public right of way. There are rules and perhaps the City just needs to tighten up the rules. There is a lot of controversy about signs on corners. There are no signs allowed in medians and perhaps the City could disallow signs on corners because it would eliminate a substantial amount of clutter. C/Tye pointed out that some of the corners were private property MPT/Everett said he had difficulty considering feedback from other cities that prohibited signs in the public right of way. He reiterated that he was concerned about the clutter and the extra work on code enforcement officers. It seems that things have gotten uglier during the political season over the years and that ugliness has impeded on the public right of way. MPT/Everett thought something should be done. C/Tye felt that restrictions would place an even greater burden on code enforcement. C/Chang said that most signs were connected to local politicians and if the signs were disallowed in the public right of way it would mean less code enforcement. C/Tye explained to MPT/Everett that the restriction would not apply to those running for state or federal office. C/Tye felt the Council should not prohibit signs in the public right of way. APRIL 1, 2008 PAGE 4 CC STUDY SESSION CM/DeStefano talked about the difference in enforcement between signs in the public right of way and signs on private property. Banner signs are permitted for 90 -days. ACA/Wohlenberg explained that if the City attempted to prosecute someone it would have to establish that the illegal sign or banner was in place beyond the allowed period of time. CM/DeStefano explained that unless a sign on private property posed an immediate threat to health and safety City employees would not step on private property to remove signs. MPT/Everett moved to direct staff to move forward to define a better temporary and political sign set of rules that will improve the process. Motion died for lack of a second. C/Chang believed the City's signs and sign management had been done very well compared to other cities and complimented staff on its procedures. M/Tanaka pointed out that staff is proactive and so are Council Members. He approaches property owners and is usually successful in getting their cooperation. Council agreed that an amendment is not necessary and that the current ordinance would remain in place. PUBLIC COMMENTS: None ADJOURNMENT: With no further business to come before the City Council, M/Tanaka adjourned the Study Session at 6:37 p.m. TOMM E CRIBBINS, City Clerk The foregoing minutes are hereby approved this 6th day of May 2008. JACK TANAKA, Mayor 1 1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR April 1, 2008 CLOSED SESSION: None STUDY SESSION: 5:30 p.m., Room CC -8 Discussion of Temporary Political Signs — Discussion and Action Public Comments: None Offered. Study Session adjourned to the regular meeting at 6:37 p.m. CALL TO ORDER: Mayor Tanaka called the regular City Council meeting to order at 6:47 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CM/DeStefano reported that during tonight's study session the City Council discussed temporary and political signs. Following discussion, Council determined that it would not pursue any changes to the sign ordinance and retain the current City Code regulation. PLEDGE OF ALLEGIANCE: C/Chang led the Pledge of Allegiance. INVOCATION: Ahmad H. Sakr, Ph.D, Islamic Education Center, gave the invocation. ROLL CALL: Council Members Chang, Herrera, Tye, Mayor Pro Tem Everett and Mayor Tanaka. Staff Present: James DeStefano, City Manager, David Doyle, Assistant City Manager; Brad Wohlenberg, Asst. City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Linda Magnuson, Finance Director; Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Ken Desforges, IS Director; Ryan McLean, Asst. to City Manager; Rick Yee, Senior Engineer; Kimberly Molina, Assistant Engineer; Patrick Gallegos, Management Analyst; Anthony Santos, Management Analyst; Marsha Roa, Public Information Manager; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Tanaka and C/Herrera presented Certificates of Recognition to coaches and members of "Killer Bumble Bees," AYSO Region 31 Champs, Area 1 B (Boys under 14 years of age). 1.2 MPT/Everett read a proclamation proclaiming April 2008 "Child Abuse Prevention" month. Proclamation to be sent to organization. APRIL 1, 2008 PAGE 2 CITY COUNCIL 1.3 M/Tanaka presented a City Tile to Recreation Services Manager Sara Somogyi honoring her nine years of service to the City on the occasion of her leaving the City of Diamond Bar. NEW BUSINESS OF THE MONTH: 1.4 M/Tanaka presented a City Plaque to Mr. Key, Area Director and Mr. Jung, Store Manager, for Super H Mart as New Business of the Month for April 2008. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 CM/DeStefano stated that during the March 18 City Council meeting a couple of speakers addressed the proposed development at the corner of Brea Canyon Rd. and Diamond Bar Blvd. commonly known as Site D. To clarify, the twenty-eight acres of the site is owned by the Walnut Valley School District, a portion of the site is owned by the Los Angeles County's Flood Control District and a slightly less than a one -acre corner piece is owned by the City of D.B. The proposal consists of a land program that would be comprised of approximately 50% commercial and 50% residential. The Environmental Impact - Report (EIR) is scheduled to be released in the next couple of months. Upon completion of the document, a series of public hearings will be undertaken with the Planning Commission and ultimately, the City Council. 2.2 CM/DeStefano introduced new employee Anthony Santos, Management Analyst. 2.3 SE/Yee reported on the Fiber -to -the -Premises project that will deliver phone, TV and Internet services to residents in the City. 3. PUBLIC COMMENTS: Gary George, representative of Verizon, announced that beginning this month Verizon will bring FTTP to D.B. through its project by overlaying its existing copper telecom network with fiber-optic cable that will allow residents of D.B. to have a competitive choice for voice, data and cable TV. Ling -Ling Chang, Walnut Valley Water District, announced that Water 101 would be held at the District office on April 26 from 8:30 a.m. to 11:00 a.m. She also spoke on behalf of Andrew Wong regarding the PUSD Board vacancy due to the passing of Ms. McCracken. Yesterday was the final day for submitting applications and that the District received 22 applications. On behalf of PUSD Board Member Andrew Wong she thanked everyone for their interest. APRIL 1, 2008 PAGE 3 CITY COUNCIL Alan Wilson thanked Council and M/Tanaka for the State of the City address. He said he was somewhat concerned that when he recently went in to pay his Time -Warner bill he was asked for his identification. He felt the City should look into the matter because of identity theft issues. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — April 8, 2008 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.2 Traffic and Transportation Commission Meeting — April 10, 2008 — 7:00 p.m., SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.3 City Council Meeting — April 15, 2008 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.4 City's 19th Birthday Celebration "The Spirit of Diamond Bar" — April 19, 2008 (Saturday) —11:00 a.m. to 5:00 p.m. (Carnival rides continue to 6:00 p.m.) — Pantera Park, 738 Pantera Drive. 6. CONSENT CALENDAR: C/Chang moved, C/Tye seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES: 6.1 .1 Study Session Minutes of March 18, 2008 — as submitted. 6.1.2 Regular Meeting Minutes of March 18, 2008 — as submitted. 6.2 RATIFIED CHECK REGISTER dated March 13, 2008 through March 26, 2008 totaling $427,220.88. 6.3 APPROVED TREASURER'S STATEMENT — month of February 2008. 6.4 RECEIVED, ACCEPTED AND FILED PROPOSITION A LOCAL RETURN FUND, PROPOSITION C LOCAL RETURN FUND AND TRANSPORTATION DEVELOPMENT ACT AUDIT REPORTS FOR FISCAL YEARS ENDED JUNE 30, 2007. APRIL 1, 2008 PAGE 4 CITY COUNCIL 6.5 AWARDED DESIGN SERVICES CONTRACT FOR PALOMINO DRIVE NEIGHBORHOOD TRAFFIC MANAGEMENT PROJECT TO KOA CORP. IN THE AMOUNT OF $54,860 AND AUTHORIZED A CONTINGENCY AMOUNT OF $5,500 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $60,360. 6.6 APPROVED CONTRACT AMENDMENT WITH WARREN C. SIECKE TRANSPORTATION AND TRAFFIC ENGINEERING FOR CONSTRUCTION INSPECTION SERVICES FOR THE TRAFFIC SIGNAL INTERCONNECT LINKS — PHASE I PROJECT IN THE AMOUNT OF $48,000 PLUS A CONTINGENCY AMOUNT OF $4,800 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $52,800. 6.7 APPROVED CONTRACT AMENDMENT WITH NORRIS REPKE, INC. FOR ENGINEERING DESIGN SERVICES FOR REHABILITATION OF LYCOMING STREET IN THE AMOUNT OF $40,020 PLUS A CONTINGENCY AMOUNT OF $4,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $44,020. 7. PUBLIC HEARINGS: 7.1 CONTINUED PUBLIC HEARING — WITHDRAWAL OF APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT NO. 2007-09; DEVELOPMENT REVIEW NO. 2007-22, AND VARIANCE NO. 2007-05 - A REQUEST TO INSTALL AND OPERATE A TELECOMMUNCATIONS FACILITY AT RONALD REAGAN PARK, 2201 PEACEFULL HILLS ROAD—APN: 8765-015- 900. CM/DeStefano announced that on March 5, 2008, Sprint Nextel formally withdrew its appeal of the Planning Commission's denial of its Conditional Use Permit application. In order to ensure that the public was aware that the matter had been withdrawn and that no further action would be taken by the City Council, notices were sent to all affected property owners on or about March 24. Because the appeal has been withdrawn the decision of the Planning Commission to deny the project stands. No action is necessary other than to receive and file the letter of withdrawal. CM/DeStefano responding to C/Tye's question stated that all property owners within 500 ft. of the project boundaries were notified by mail, which may or may not have included individuals who spoke during the Planning Commission hearings. APRIL 1, 2008 PAGE 5 CITY COUNCIL 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera congratulated AYSO Region 31 Champs Area 1B, The Killer Bumble Bees, their coaches and parents. D.B. is very fortunate to have many sports events for the City's youth and coaches and parents who work very hard to help the children succeed. D.B. has high standards and a high threshold of parent involvement. She recalled that in 1998 a Little League team went to Nationals and won the championship. Again, congratulations to the parents, children and coaches. C/Tye acknowledged Mr. George's compliment about staff and how much he appreciated working with them. D.B. has a mean and lean staff that gets the job done. He acknowledged a letter sent to CDD/Fong from Vantage Townhomes thanking her and other staff members for the exceptional effort in keeping the efforts on track to deliver an excellent client experience. Most important was that the author of the letter stated that he had worked with several cities and it was clear to him that "yours provides the best possible service". C/Tye said he did not know of higher praise. C/Tye congratulated CDD/Fong and the entire staff involved with the project. The Council appreciates everything staff does to make D.B. the great and welcoming community that it is. Last Thursday he attended the Parks and Recreation Commission meeting to witness the presentation of sportsmanship awards to the basketball champs. He gave kudos to CSD/Rose and his staff. He announced that on April 6 the Friends of the Library will celebrate the 15th Annual Wine Soiree that benefits the library. He encouraged everyone who could to attend. He wished Sara Somogyi well in her new position with the City of Arcadia and welcomed Anthony Santos. After 34 years with the Fire Department, John.Nieto will say goodbye and, he is wished a very successful retirement. Glynn Johnson will bring 30 -years of experience to town. C/Chang congratulated the Killer Bumble Bees, the kid's parents and the coaches. He also complimented staff on a good job. The City is looking forward to the Chili's opening. Also, Edison is completing work on the large pole at the center that will be relocated so as not to be so intrusive on the ingress/egress area. He invited everyone to join the Wine Soiree and acknowledged the hard work of volunteers who raise money for the library and improve the community. He also asked everyone to join in the celebration of the City's 19th birthday. Tonight Verizon and staff made a great presentation about a product that will bring much improved service to D.B. He applauded M/Tanaka for doing a good job on the State of the City presentation and thanked those who attended. He asked residents to please read the City Newsletter because it contains a lot of very good and valuable information. He encouraged homeowners to participate in the Neighborhood Watch Program by calling 839-7077 or 839-7079. Also mosquito season is coming up and there is good information about how to protect oneself. APRIL 1, 2008 PAGE 6 CITY COUNCIL MPT/Everett wished everyone a happy Spring and spoke about the large attendance at the Easter Egg Hunt and pancake breakfast. Little League and Major League baseball season has begun. He spoke about the City's 19th Birthday Party. Prior to the next Council meeting the 15th Annual Cottontail Classic Soccer event will take place bringing hundreds of soccer players to the City's parks. He too encouraged residents to participate in the Neighborhood Watch Program. He said he looked forward to the sober graduation event at D.B.H.S. on May 22 featuring retired Deputy Rick Wright as the speaker. He wished Assistant Chief Nieto a happy retirement and said he looked forward to working with Assistant Chief Glynn Johnson. The D.B./Walnut Sheriff's Station Open House will be held on Saturday, May 17 from 10:00 a.m. to 3:00 p.m. He thanked staff for their hard work behind the scenes. He recognized FD/Magnuson and her staff on a successful audit and talked about how incredible it was that staff could accomplish so much between meetings. He talked about the reorganization of the Commissions and congratulated those who were elected to serve as Chair and Vice Chair. The Council was just notified that employee Irwin Ching had a minor heart attack on Sunday and is recovering. He extended his thoughts and prayers for a speedy recovery. He thanked everyone for their participation this evening. M/Tanaka said he represented D.B. at the California Contract Cities Association meeting a couple of weeks ago. He too thanked staff for their efforts that allowed him to give a great deal of information to the public regarding the many projects and events during his State of the City address. He especially thanked the public information staff and other staff members who displayed their department's projects at the Diamond Bar Center. He thanked staff and especially, Bob Rose, Andee, Claude and Dave and their staff for putting together a great Easter Egg Hunt. He thanked President Wanda Tanaka and the Lions as well as, the Leo Club members for their hard work. He thanked Miss Diamond Bar and her Court for helping with the drawings. This year Fire Explorers from Post 19 provided the pancake breakfast. He thanked the Easter Rabbit for taking pictures with the kids and thanked sponsors Kmart, Big Lots and Target. Last week he addressed the Tri -Counties Association of Realtors regarding the State of the City. USA Tae Kwan Do Studio had its ribbon cutting ceremony and hosted the Chamber Mixer immediately thereafter. He represented the Council in congratulating William Lee, one of the newest Eagle Scouts out of Troop 730. He had the honor of installing the new officers for the 2008-2009 California Asian Peace Officers' Association at their Awards Banquet last Saturday. The Association awarded six scholarships to deserving high school seniors. Last Sunday he attended the first Welcome Home Vietnam Veterans' Day Celebration held at California High School in Whittierthatwas attended by thousands of Vietnam veterans. Sadly, Eric Singleton lost his life last week in an automobile accident. On behalf of the City Council he expressed sincere sympathies to the Singleton family. APRIL 1, 2008 PAGE 7 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M1Tanaka adjourned the regular City Council meeting at 8:10 p.m. in memory of Eric Singleton. TOMMY CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 6th day of _May , 2008. JACK TANAKA, MAYOR 1 1