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HomeMy WebLinkAbout11/4/2008 Minutes - Regular MeetingJ 1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 4, 2008 CLOSED SESSION: 5:45 p.m. — Room CC -8 Public Comments on Study Session Agenda — None Offered. 10- Government Code Section 54956.9(c) Initiation of Litigation — One Case CALL TO ORDER: Mayor Tanaka called the regular City Council meeting to order at 6:34 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that nothing was added to the Closed Session agenda and no reportable action was taken by the City Council. PLEDGE OF ALLEGIANCE: C/Tye led the Pledge of Allegiance. INVOCATION: Dr. Ahmad H. Sakr, PhD, Islamic Education Center gave the invocation. ROLL CALL: Council Members Herrera, Tye, Mayor Pro Tem Everett and Mayor Tanaka. Council Member Chang was excused. Staff Present: James DeStefano, City Manager; David Doyle, Asst. City Manager; Mike Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Greg Gubman, Acting Community Development Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate E=ngineer; Erwin Ching, Assistant Engineer; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Tanaka presented a Proclamation to members of the Diamond Bar Breakfast Lions Club proclaiming the month of November, 2008 as "Lions White Cane Days". NEW BUSINESS OF THE MONTH: 1.2 M/Tanaka presented a City Tile to co-owners Lucy Bartlett and James Tsai, of Bob's Big Boy Restaurant, 21090 Golden Springs ' Dr., Business of the Month for November 2008. NOVEMBER 4, 2008 PAGE 2 CITY COUNCIL iK 3 CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano announced that the Brea Canyon Road Undercrossing Project has been completed and that all four lanes are open to vehicular traffic. He then introduced Assemblyman Bob Huff who updated the Council and Audience on what is going on in Sacramento. 2.1 Assemblyman Bob Huff updated the City on State events and projects as well as the State's economy and how it impacts D.B. PUBLIC COMMENTS: None offered 4. RESPONSE TO PUBLIC COMMENTS: None offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Veterans Recognition Ceremony — November 5, 2008 — 9:00 to 11:00 a.m., Diamond Bar Center, 1600 S. Grand Ave. 5.2 Veterans Day Holiday — November 11, 2008 — City Offices closed in observance of the Holiday. City Offices reopen Wednesday, November 12, 2008. 5.3 Planning Commission Meeting — November 11, 2008 — Dark due to Veterans Day Observance. 5.4 Traffic and Transportation Commission Meeting — November 13, 2008 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.5 Steep Canyon Trail Dedication — Saturday, November 15, 2008 — 10:00 a.m., Steep Canyon Rd. at Clear Creek Canyon Dr. (Free parking/shuttle from Diamond Bar Center, 1600 S. Grand Ave. from 9:30 a.m. to 12:00 noon. 5.6 City Council Meeting — November 18, 2008 — 6:30 p.m., AQMD/ Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Tye moved, MPT/Everett seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chang NOVEMBER 4, 2008 PAGE 3 CITY COUNCIL 6.1 CITY COUNCIL MINUTES (a) Study Session of October 21, 2008 — Approved as submitted. (b) Regular Meeting of October 21, 2008 — Approved as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of September 23, 2008. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of September 25, 2008. 6.4 RATIFIED CHECK REGISTER — dated October 16, 2008 to October 29, 2008 totaling $853,469.62. 6.5 APPROVED PRELIMINARY TREASURER'S STATEMENT — Month of September 2008. 6.6 APPROVED AMENDMENT NO. 1 TO THE CONTRACT WITH TRG LAND INC. IN THE AMOUNT OF $48,826 FOR LAND PLANNING SERVICES FOR PROPERTY OWNED BY THE WALNUT VALLEY UNIFIED SCHOOL DISTRICT (WVUSD); APPROPRIATED $28,826 FROM GENERAL FUND RESERVES; AND, APPROVED AMENDMENT NO. 1 TO THE REIMBURSEMENT AGREEMENT WITH WVUSD INCREASING THE REIMBURSEMENT AMOUNT AND APPROVING A METHODOLOGY OF DIVIDING THE LAND SALE PROCEEDS FOR SITE D. 6.7 APPROVED WORK PERFORMED BY INTERNATIONAL PAVEMENT SOLUTIONS FOR CONSTRUCTION OF THE STORAGE CONTAINER PAD AT PANTERA PARK; DIRECTED THE CITY CLERK TO FILE THE NOTICE OF COMPLETION AND RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER RECORDATION DATE. 6.8 AWARDED DESIGN/CONSTRUCTION ADMINISTRATION SERVICES FOR 2008-09 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATION PROJECT TO NORRIS-REPKE IN THE AMOUNT OF $25,890 AND AUTHORIZED A CONTINGENCY AMOUNT OF $2,500 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $28,390. NOVEMBER 4, 2008 PAGE 4 CITY COUNCIL 6.9 APPROVED CONTRACT AMENDMENT WITH ADVANTEC CONSULTING ENGINEERS FOR ONGOING CITYWIDE TRAFFIC SIGNAL TIMING PROGRAM IN THE AMOUNT OF $50,000 FOR A TOTAL AUTHORIZATION AMOUNT OF $50,000. 7. PUBLIC HEARINGS: 7.1 RESOLUTION NO. 2008-37: VACATING A PORTION OF VIA SORELLA STREET. PWD/Liu reported that staff is recommending that the City Council continue this public hearing item to allow staff an opportunity to work with the utility companies in accordance with State law. CM/DeStefano stated that this is a request for vacation of a street (Via Sorella). He explained that if the City Council approves the vacation of a small portion of property at the end of Via Sorella between the current construction site and the Caltrans block wall, the ownership would revert back to the previous property owners. Staff has determined that there is no public purpose in retaining this acreage and as such, it can be vacated. It is not the entire run of Via Sorella but only a portion at the end of the street. Staff will provide a Memorandum of Understanding of the issues for the November 18 meeting. M/Tanaka opened the Public Hearing. Olin Lamb 21232 Davan St. wanted to know who, in the event of the vacation, would be responsible for maintaining the street. She also asked what residents were notified about tonight's public hearing. Paul Burmeister, 21226 Davan St. asked if the property is of no value why the City Council doesn't negotiate a price for the parcels and sell them. He also asked why the Master Plan shows the parcels were vacated to the Institute of Knowledge. Why is the Institute currently using the parcels and who is paying for liability on the parcels during construction. He too questioned whether residents were properly notified and questioned what the use of the vacated property might be. Wayne Burk, 1038 S. Adel Ave. asked why residents were not given notice about construction of the school and how the City could afford to give away the land. David Guy, 1082 Adel Ave. pointed out that all residents just found out about this issue. He owns a business and finds it amazing that NOVEMBER 4, 2008 PAGE 5 CITY COUNCIL he received no notification of this matter. Residents want answers about how the property will be used and whether there will be increased traffic and parking. CM/DeStefano responding to the speakers stated that the matter before the City Council tonight is whether or not the City Council concurs with staff's recommendation to vacate the acreage to the adjoining property owner. The issue of the land use (the school under construction) was a matter that was approved by the City's Planning Commission in October 2007. Prior to the Planning Commission taking action on the project there were two or three noticed public hearings. By State law notices must go out to everyone within 300 feet of the boundaries of the project. By choice, D.B. exceeds that notification requirement. This project was noticed to all property owners within 500 feet of the site. Factually, a couple of tonight's speakers were on the notification list of about 35 residents going back to Septernber 2007. The public notice billboard requirement for these parcels was the same type of billboard that would have been produced a year ago for the school use. Regarding the trailer that sits on the subject property, it is in place with the City's permission via an Encroachment Permit. Placement of this item by staff on tonight's agenda had nothing to do with the election. The school project was vetted by a Mitigated Negative Declaration and prepared and reviewed with respect to traffic impacts and mitigation was set forth accordingly. In addition, this developer will be paying about $85,000 for traffic improvements (mitigation). The matter before Council is not about the land use, rather, the vacation of property. CA/Jenkins stated that the reason the City is not selling these parcels as opposed to giving them back. Most streets in most cities are easements and cities do not own the streets. At some point streets were dedicated to the City for public highway use and only for public highway use. Most of the city's streets were originally dedicated to the County and then upon incorporation automatically became City streets. The underlying fee (ownership of the property) stays with the adjoining properties. Properties on either side of the street own to the middle of the street as well as the underlying fee subject to an easement that gives cities the right to use that area for public highway purposes. If and when a city decides that a street or portion of a street is no longer needed for any present or future public highway use the city can give up its easement to the property. When the City has an easement for public highway use for street purposes, certain responsibilities flow with the street including potential liabilities. If the City has no intention of actually using it as a street then it is typical for a City to "give up" its easement in the street so that it eliminates any potential NOVEMBER 4, 2008 PAGE 6 CITY COUNCIL responsibility and liability for that area. Under the law, when a City gives up its easement it is called a "vacation." When the City gives up its easement it is not giving the property back. The adjoining property owners already own the land and the property is merely being "unburdened" by the City's easement. The property cannot be sold because the City does not own the property. The landowners own the property and have always owned the property and will continue to own it as long as the City keeps the easement for street purposes. One of the speakers correctly described the street as being a dead end that no one has any reason to go to and that is one of the reasons why staff is recommending the "vacation" of the street because staff too, does not perceive that there is any public purpose to keeping the property as a public street. Once vacated, the private property owners who own it will bear the responsibility and liability for that area. With respect to "notice" the California Streets and Highways Code provides the mechanism for how cities go about notifying the public for a street vacation which involves two types of notices: 1) posting of a notice a certain distance along the street and 2) publication in a newspaper for two successive weeks. The City did provide the notification for the street vacation in accordance with the Code and apparently, the notification worked since a significant number of interested residents are present this evening. As previously stated, the traffic issues on the street were addressed when this project was considered by the Planning Commission. Traffic is not a factor that the City Council takes into account when considering a "vacation" of a street. The only issue the Council will be asked to consider at its next meeting is whether the City Council believes that there is any present or foreseeable future need for these two parcels for public highway purposes. if so, the City Council would not need to vacate the parcels and continue to maintain them and continue to be responsible for them as a public street. CA/Jenkins confirmed to C/Herrera that if the parcels are vacated the City will no longer be required to maintain them because the responsibility falls to the property owner. The only reason that the item was being recommended for continuance is because there are subterranean utility infrastructure under the street (water lines, electrical conduit, gas lines) so part of the process involves giving notice to the utilities that the City is considering vacating the street meaning that once it is no longer a public street those utility services would need the ability to gain access to their conduits and pipes. Utility services reserve an easement allowing for maintaining their utility structures. When this matter comes back to Council there will be a resolution in the packet that identifies a subterranean easement that will be attached to the property. NOVEMBER 4, 2008 PAGE 7 CITY COUNCIL CM/DeStefano confirmed to C/Tye that Via Sorella would remain a public street with the exception of the small piece of property at the very end between the construction site and the block wall at the freeway. C/Tye responded to Mrs. Lamb that the City would continue to be responsible for the street maintenance. C/Tye moved, C/Herrera seconded, to continue the Public Hearing to November 18. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chang 7.2 ORDINANCE NO. 06(2008): APPROVING DEVELOPMENT CODE AMENDMENT NO. 2008-01 AMENDING TABLE 2-6 OF SECTION 22.10.030 OF THE MUNICIPAL CODE TO ALLOW LIMITED EDUCATIONAL USES IN THE REGIONAL COMMERCIAL (C-3) ZONE. Acting CDD/Gubman stated that this matter is a proposed amendment to D.B.'s zoning regulations to allow for limited educational uses in the Regional Commercial (C-3) Zone. The amendment was initiated by the Developer of a new two-story office building at Golden Springs and Banning Way, a C-3 zoned property next to LA Fitness. The Developer wishes to expand the leasing opportunities and therefore applied for this code amendment. Staff studied the matter and drafted an ordinance that would expand the range of tenants that owners of C-3 Zone properties may lease to and ensure greater traffic flow and tax revenue for the City while preserving the intent under which the C-3 Zone was established. He showed an overhead of all current C-3 Zoned properties in the City. Presently, educational (Martial Arts), schools tutoring music instruction, etc. are prohibited in the C-3 Zone because these uses are generally not to be considered to be regional uses. Present uses were initiated prior to current regulations that prohibited them and are considered to be non -conforming uses. If adopted, the proposed amendment would affect all C-3 Zone properties and would enable the Planning Commission to consider such uses on a case-by-case basis through the Conditional Use Permit process, a tool used to ensure compatibility, parking and other land uses are fully considered and studied prior to the Planning Commission rendering its decision. The proposed amendment would allow for educational uses in the C-3 Zone under two scenarios; 1) to allow educational classes, training programs, etc. as a primary use such NOVEMBER 4, 2008 PAGE 8 CITY COUNCIL 1.1 as a vocational or computer training school or class. The uses would be limited to the second floor and above in multi -story buildings located in the C-3 Zone; 2) ancillary classes in conjunction with permitted commercial uses on the first floor. For example, the music store at 20875 Golden Springs offering music instruction would be allowed under this amendment with the instruction possibly serving to support and enhance the retail component. Staff believes that the proposed code revisions are appropriate in that upper stories in retail establishments tend not to attract retail uses and by allowing a limited amount of educational uses in conjunction with a dominant retail use, it would, in fact, support the retail businesses and thus further the intent of the C-3 Zone. On the basis of this analysis, staff recommends approval. C/Herrera asked if the City had any zones above C-3 to which ACDD/Gubman responded that C-3 is the highest. ACDD/Gubman confirmed that within the C-3 Zone that currently exists, educational uses are not allowed. The current educational uses are non -conforming and would not be allowed to be established under the current ordinance. C/Herrera favored incorporating the types of uses that would be considered under the proposed ordinance. M/Tanaka opened the Public Hearing. With no one present who wished to speak on this matter, M/Tanaka closed the Public Hearing. C/Herrera moved, MPT/Everett seconded, to approve for first Reading by title only, waiving full reading of Ordinance No. 06(2008) Approving Development Code Amendment No. 2008-01. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: COUNCIL CONSIDERATION: None Herrera,Tye, MPT/Everett, M/Tanaka None Chang NOVEMBER 4, 2008 PAGE 9 CITY COUNCIL 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye stated that he had attended "Red Ribbon Week" functions at many schools in the area and thanked all who participated in this special program. C/Tye congratulated Pantera Elementary School for coming in 31St highest API of all schools in the State with a 971 out of 1000. He attended the YMCA fundraiser with its "celebrity" waitresses and thanked CC/Cribbins and RS/Meyers for their participation and contribution. He urged everyone to make arrangements to join in the Diamond Bar Foundation Gala on November 16 at the Diamond Bar Center. C/Herrera announced that as a member of D.B.'s representative to Foothill Transit, on October 30 she had attended a governing board meeting to decide whether Foothill Transit would invite the City of Pasadena to be a member city. Currently, Foothill Transit has 21 member cities and the governing board voted unanimously to invite Pasadena to join Foothill Transit. Each board member was asked to request that this matter be placed on an upcoming agenda. So it is requested that staff place an item on the agenda for consideration of approving Pasadena to be a member of Foothill Transit in an upcoming agenda. C/Herrera further stated that Foothill Transit has offered to discuss the matter with the Council during a Study Session if needed prior to voting on the matter. She hoped that all citizens exercised their right to vote in this important election. MPT/Everett also spoke about Red Ribbon Week events as well as the Walnut Valley Unified School Districts salute to teachers. He encouraged everyone to participate in the Veterans' Recognition Ceremony tomorrow and the Steep Canyon Trail Dedication. He wanted the residents to know that he was listening to them and thanked staff and CA/Jenkins for explaining "vacation" as it relates to Item 7.1. M/Tanaka reminded everyone about the Veterans' Recognition Ceremony tomorrow at the Diamond Bar Center. WVUSD held a fine salute to teachers and congratulated all of the "Teachers of the Year", especially Walnut High School Math Teacher Melanie Hildreth, District Teacher of the Year. Last Tuesday the Diamond Bar Friends of the Library held the annual Read Together Challenge. He congratulated teams from Chaparral, Lorbeer, South Point and Suzanne for their participation with South Point ultimately winning the challenge. He too commented on Red Ribbon Week. The YMCA Celebrity Waiter luncheon was a lot of fun and raised a lot of money for the YMCA. He thanked the D.B.H.S. Leo Club and students from Diamond Ranch High School who built and worked the Haunted House. The Fall Fun Festival was held for children eight and under. He thanked Leo members and DB 4 -Youth In Action students that helped with the food. He thanked staff for providing the Fall Fun Festival and Haunted House. He attended the Q.B. Day at the Fair Committee NOVEMBER 4, 2008 PAGE 10 CITY COUNCIL Meeting chaired by C/Chang. Next year's event is scheduled for September 17, 2009. ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the regular City Council meeting at 8:10 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 18th day of November 2008. JACK TANAKA, MAYOR