HomeMy WebLinkAbout01/19/2010 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JANUARY 19, 2010
CLOSED SESSION: 5:45 p.m., Room CC -8
Public Comments on Closed Session Agenda — None
Government Code Section 54956.8
Property Address: 21810 Copley Drive
Diamond Bar, CA 91765
Agency Negotiator: City Manager
Negotiating Party: Behringer Harvard Western (Portfolio)
P.O. Box 190700
San Francisco, CA 94119-00700
Under Negotiation: Price and Terms of Payment
Closed Session Adjourned at 6:35 to the Regular City Council Meeting.
CALL TO ORDER: Mayor Herrera called the Regular City Council
meeting to order at 6:37 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
CA/Jenkins reporting on the Closed Session item stated that the meeting
consisted of one item as listed on tonight's agenda; that there were no public
comments; and, no reportable action was taken by Council. He then announced
that the Closed Session was adjourned at approximately 6:35 p.m.
PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance.
INVOCATION: Ahmad H. Sakr, Ph.D., Islamic Education
Center gave the invocation.
ROLL CALL: Council Members Ling -Ling Chang, Ron
Everett, Jack Tanaka, and Mayor Carol Herrera. Mayor Pro Tem Steve Tye was
excused.
Staff Present: James DeStefano, City Manager; Michael
Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works
Director; Bob Rose, Community Services Director; Linda Magnuson, Finance
Director; Greg Gubman, Community Development Director; Rick Yee, Senior
Engineer; Kimberly Molina, Associate Engineer; Christian Malpica-Perez,
Associate Engineer (traffic); Anthony Santos, Management Analyst; Lauren
Hidalgo, Public Information Specialist; Cecilia Arellano, Public Information
Coordinator; Patrick Gallegos, Management Analyst; Ryan McLean, Assistant to
JANUARY 19, 2010 PAGE 2 CITY COUNCIL
the City Manager, and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 The Council presented Certificates of Recognition to Lorbeer
Middle School Team Members and Faculty Advisors for winning the
Diamond Bar Friends of the Library "Fifth Annual Read Together
Diamond Bar Middle School Challenge". Friends of the Library
President, Rick Rogers; Kenneth Mok, Advisor; Dr. Richard
Martinez, PUSD Superintendent; Andrew Wong, former Board
President and Lorbeer Principal Katherine Shone participated in the
presentation.
1.2 Council Members presented Certificates of Recognition to the
Gudvangen, Saldana and Estrada families, Winners of the
Diamond Bar Home Holiday Decorating Contest for 2009.
Assemblyman Curt Hagman's office also gave Certificates.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/DeStefano reminded residents that the City's Website contains storm- —
related information. On the City's homepage, there is important storm -
related notices that will lead to various departments of the City as well as,
outside agencies such as Edison, Flood Control, Fire Department, etc.
where information about how to report various problems dealing with
traffic signals, debris in roadways, trees that have fallen, excessive storm
water runoff and others can be found. The site includes several press
releases including information about the availability of free sand and
sandbags at Fire Station 119, 20480 Pathfinder Rd. and Fire Station 121 at
346 Armitos Rd. Residents are limited to 25 sandbags and residents are
required to fill the sandbags themselves. Sandbags are available at other
fire stations but those stations may not have sand available. To date,
there has been minimal impact to the City and the residents have done an
excellent job of keeping drains free of debris; however, residents and staff
are bracing for significant rainfall in the next couple of days. If residents
have questions or require assistance they are invited to call City Hall.
3. PUBLIC COMMENTS:
Jesse Lanz, Acting Diamond Bar Library Manager, 1061 S. Grand Ave.
representing the Diamond Bar Library spoke about his background and
upcoming library events.
JANUARY 19, 2010 PAGE 3 CITY COUNCIL
David Su, 1507 Strawflower PI. introduced himself and announced that he
is running against Republican Congressman Gary Miller in the June
primary for the 42nd District.
Dot DeLeon, 21217 Washington St., reported on an incident involving her
mother who had called for service from Dial -a -Ride at 2:00 a.m. and they
refused to pick her up. She said that after speaking with City Staff she
has resolved the question as to what constitutes an emergency and urgent
care. She also said that she was very happy with the City's timely
response.
Andrew Wong, 901 Golden Springs Dr. C-3, Past President of the PUSD
Board, and currently serving as a Board Member, said he was proud to be
present when the City Council honored Lorbeer Middle School students
for their success in the "Read Together" Competition. He introduced
PUSD Superintendent Richard Martinez.
Richard Martinez, PUSD Superintendent, spoke about the state of the
District and future programs and plans.
— 4. RESPONSE TO PUBLIC COMMENTS:
M/Herrera welcomed Superintendent Martinez and assured him that D.B.
would continue to support the District and its students.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Neighborhood Traffic Management Program (NTMP) Meeting
Cleghorn Dr./Gold Nugget Ave. — January 21, 2010 — 7:00 p.m.,
AQMD/Government Center Room CC -6, 21865 Copley Dr.
5.2 Planning Commission Meeting — January 26, 2010 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.3 Parks and Recreation Commission Meeting — January 28, 2010 —
7:00 p.m., AQMD/Government Center Hearing Board Room, 21865
Copley Dr.
5.4 City Council Meeting — February 2, 2010 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR: C/Tanaka moved, C/Everett seconded, to
approve the Consent Calendar as presented. Motion carried by the
following Roll Call:
JANUARY 19, 2010 PAGE 4
CITY COUNCIL
AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Tye
6.1 CITY COUNCIL MINUTES - Regular Meeting of December 15,
2009 — Approved as submitted.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES —
Regular Meeting of October 13, 2009.
6.3 RATIFIED CHECK REGISTER - Dated December 10, 2009
through January 13, 2010 totaling $3,701,937.61.
6.4 APPROVED TREASURER'S STATEMENT — Month of November
2009.
6.5 TRANSMITTED COMPREHENSIVE ANNUAL FINANCIAL
REPORT — year ending June 30, 2009.
6.6 ACCEPTED RESIGNATION OF AUDREY HAMILTON, DIAMOND
BAR MEMBER OF THE GREATER LOS ANGELES COUNTY
VECTOR CONTROL BOARD; APPOINTED MAYOR PRO TEM
STEVE TYE TO FILL THE UNEXPIRED TERM.
6.7 APPROPRIATED $117,500 FROM THE TRAFFIC
IMPROVEMENT FUND AND APPROVED CONTRACT WITH
FEHR & PEERS IN THE AMOUNT OF $117,500 FOR TRAFFIC
AND TRANSPORTATION PLANNING SERVICES.
6.8 APPROVED LICENSE AGREEMENT WITH NEW CINGULAR
WIRELESS PCS, LLC, A DELAWARE CORPORATION (AT&T) TO
CONSTRUCT A WIRELESS COMMUNICATIONS SITE AT
SUMMITRIDGE PARK.
6.9 APPROVED PLANS AND SPECIFICATIONS AND AWARDED A
CONSTRUCTION CONTRACT TO FREEWAY ELECTRIC, INC.
FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM
PROJECT AT GOLDEN SPRINGS DRIVE AND DIAMOND BAR
BOULEVARD; GOLDEN SPRINGS DRIVE AND BREA CANYON
ROAD; GOLDEN SPRINGS DRIVE AND BALLENA DRIVE;
DIAMOND BAR BOULEVARD AND PATHFINDER ROAD; AND,
DIAMOND BAR BOULEVARD AND MOUNTAIN LAUREL WAY IN
THE AMOUNT OF $54,540; AND, AUTHORIZED A
CONTINGENCY AMOUNT OF $5,500 FOR CHANGE ORDERS
TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL
AUTHORIZATION AMOUNT OF $60,040.
JANUARY 19, 2010 PAGE 5 CITY COUNCIL
6.10 ADOPTED RESOLUTION NO. 2010-01: ESTABLISHING AN
APPROVED VENDOR LIST AS DEFINED IN ORDINANCE NO. 05
(2006).
6.11 ADOPTED RESOLUTION NO. 2010-02: APPROVING THE
APPLICATION FOR STATEWIDE PARK PROGRAM GRANT
FUNDS FOR THE DEVELOPMENT OF THE WASHINGTON
STREET MINI PARK.
7. PUBLIC HEARINGS:
7.1 (a) ADOPT URGENCY ORDINANCE NO. 01 (2010)U
AMENDING ZONING REGULATIONS GOVERNING LIVE
ENTERTAINMENT AND DANCING IN BARS AND NIGHTCLUBS
AND OTHER PUBLIC ASSEMBLY VENUES IN THE CITY,
MAKING CONFORMING CHANGES TO TITLE 5 OF THE
MUNICIPAL CODE (BUSINESS LICENSING), AMENDING THE
DIAMOND BAR MUNICIPAL CODE AND DECLARING THE
URGENCY THEREOF.
— (b) APPROVE FOR FIRST READING BY TITLE ONLY, WAIVE FULL
READING OF ORDINANCE NO. 02 (2010): AMENDING ZONING
REGULATIONS GOVERNING LIVE ENTERTAINMENT AND
DANCING IN BARS AND NIGHTCLUBS AND OTHER PUBLIC
ASSEMBLY VENUES IN THE CITY, MAKING CONFORMING
CHANGES TO TITLE 5 OF THE MUNICIPAL CODE (BUSINESS
LICENSING) AND AMENDING THE DIAMOND BAR MUNICIPAL
CODE.
CM/DeStefano stated that the item before Council consists of an
urgency ordinance and the first reading of an ordinance both look to
amending the zoning regulations governing live entertainment and
dancing in bars and nightclubs and other public assembly venues in
the City as well as a variety of changes to Title 5 of the Municipal
Code (Business Licensing) and amending the D.B. Municipal Code.
He asked that the City Council receive staff's report, open the
Public Hearing, receive public testimony, close the Public Hearing
and take action to adopt Urgency Ordinance No. 01 (2010) U and
approve for First Reading by Title Only and waive full reading of
Ordinance No. 02 (2010).
_ CDD/Gubman gave staff's presentation setting forth new
regulations governing the time, place and manner in which live
entertainment is conducted in the City. The content of the
proposed ordinance was crafted in response to a history of
complaints and significant police presence generated by secondary
impacts of businesses that provided live entertainment culminating
JANUARY 19, 2010 PAGE 6 CITY COUNCIL
in a two-year moratorium on such uses. This moratorium is set to
expire on February 5, 2010. The proposed ordinance seeks to cure _
the problems experienced prior to the moratorium by imposing strict
limitations on live entertainment. These limitations include:
Removing nightclubs as an allowable use in all zoning districts in
D.B.; Prohibiting dancing by patrons, employees and independent
contractors of such businesses in bars, lounges and restaurants;
Permitting live entertainment only in Community Centers, Meeting
Halls and Hotels and only in conjunction with banquets, parties and
receptions. These venues would be prohibited from booking such
events for the same person or organizations more than once in any
90 -day period. These restrictions would not apply to schools,
theaters, auditoriums or places of worship. These restrictions
would also not apply to businesses which were granted approval for
live entertainment prior to this ordinance's adoption and which are
currently operating. The Planning Commission reviewed the
proposed ordinance on December 18 and recommended City
Council adoption.
M/Herrera opened the Public Hearing at 7:29 p.m.
Michael Rodriquez, 23545 Palomino Dr. asked if this ordinance
would prohibit future live entertainment permits.
Seeing no further testimony being offered, M/Herrera closed the
Public Hearing at 7:30 p.m.
In response to Mr. Rodriguez, CDD/Gubman stated that upon
adoption of the Ordinance, live entertainment for such a business
would not be allowed. Further, as a land use regulation there will
be no provision for granting a variance so no waiver of the
regulations that are set forth in the proposed ordinance would be
allowed. The only venues within which live entertainment may
occur would be as listed within the proposed ordinance as
community centers, lodges, schools, places of worship and theaters
and auditoriums.
C/Chang stated that she has been studying this ordinance and is
aware of some of the destructive entertainment businesses that
used to exist in D.B. which brought about the moratorium and finally
this proposed ordinance. She is however, concerned that the
proposed ordinance was too restrictive. For example, she has
visited Spanish Restaurants that feature a musician and two
Flamenco dancers. Obviously, this type of entertainment would be
prohibited under this proposed ordinance as will Hawaiian
Restaurants that feature Hula dancers. However, due to the
expiration of the existing moratorium she understands that adoption
JANUARY 19, 2010 PAGE 7
CITY COUNCIL
of an ordinance on an urgency basis is needed to protect D.B. so
that it does not go back to what would essentially be a non-existent
entertainment code.
C/Chang moved, C/Everett seconded to adopt Urgency Ordinance
No. 01 (2010) U and approve for First Reading by Title only and
waive full reading of Ordinance No. 02 (2010). Further, direct staff
to explore other ways of addressing the issue of destructive
entertainment businesses that create excess noise, parking issues
and intrusion into residential neighborhoods as well as crime
without being overly restrictive and penalizing potential businesses
that could provide live entertainment thereby enhancing the quality
of life in D.B. Also, explore restrictions such as timeframes for live
entertainment, parking and security requirements, preventing live
facilities from operating within 2500 ft. of residential areas requiring
the facility to pay for law enforcement, etc.; and. direct staff to
report back to Council within 30 days.
Motion carried by the following Roll Call vote:
-- AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Tye
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER
COMMENTS:
C/Everett thanked everyone for their attendance, participation, feedback
and cooperation. He spoke about the disaster in Haiti and severe weather
conditions in southern California. He wished everyone a Happy New Year
and offered his services to the residents.
C/Tanaka wished everyone a Happy New Year and reported that at the
end of last year he attended the California Contract Cities Association
dinner meeting in Calabasas; Washington Street Mini Park update; and,
the Diamond Bar Senior Citizens New Year's Eve Dinner Dance. This
year he attended a ribbon -cutting ceremony for Mathanasium; the League
of California Cities LA County Division dinner meeting; PUSD Board
meeting; and the Snowfest. He thanked the Leo Club members for
donating their time to the Snowfest.
C/Chang said that during the past two weeks she has attended various
events and visited with winners of the Holiday contest; attended the
Washington Street Mini -Park focus group meeting; League's monthly
JANUARY 19, 2010 PAGE 8 CITY COUNCIL
meeting with her colleagues and CM/DeStefano; and the Snowfest. She
also attended and presented a certificate to Chung Shan Medical —
University American Alumni Association's 50th Anniversary; and the
Pomona Chamber of Commerce Mixer. She said she was excited and
looking forward to the New Year and that her door is always open for
questions or comments from residents.
M/Herrera hoped everyone had a very good and restful holiday and said it
looked to be a great year. There are many projects the City is working on
that will become apparent in the coming months. All Council Members
attended the Snowfest. She thanked CSD/Rose and his crew for again
making the event so special for its residents. In these trying economic
times she is very pleased that D.B. continues to be able to financially
provide residents with the programs and services it has become
accustomed to thanks to the outstanding staff and the Council's
leadership. She invited her colleagues to attend the January 28 Four
Corners Transportation Coalition Summit at the Diamond Bar Center from
10:00 a.m. to 2:00 p.m.
ADJOURNMENT: With no further business to conduct, M/Herrera
adjourned the Regular City Council meeting at 7:50 p.m.
L.
TOMM E CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this 2nd day of February ,
2010.
CAROL HERRERA, MAYOR