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HomeMy WebLinkAbout3/2/2010 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MARCH 2, 2010 STUDY SESSION: M/Herrera called the Study Session to order at 5:35 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 Ling -Ling Chang, Ron Everett, Jack Tanaka, Mayor Pro Tern Steve Tye and Mayor Carol Herrera. 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; Greg Gubman, Community Development Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Anthony Santos, Management Analyst; Marsha Roa, Public Information Manager, and Tommye Cribbins, City Clerk. Also Present: Kathy Nolan, Planning Commissioner PUBLIC COMMENTS: None Offered. REGULATING ENTERTAINMENT ACTIVITIES — DISCUSSION AND ACTION. CM/DeStefano stated that on February 2, 2010, the City Council adopted Ordinance No. 02(2010) regulating the type of entertainment that is permissable in the City, During that meeting, Council directed staff to look into possible changes to the Ordinance. Staff researched and CDD/Gubman sent a memorandum to the Council outlining the points for a wider range of potential entertainment within the community. The resulting memorandum had been provided to the City Council last month. This evening staff would like to begin discussing the possible changes to Ordinance No. 02(2010) and have Council provide staff with specific direction for any possible changes. CDD/Gubman referring to the Memorandum that was forwarded to the Council dated February 16 th stated that the memo concludes with a list of policy questions to provide Council with guidance in formulating its direction to staff. The first question is whether the recently adopted Ordinance should be amended and if so, should the list of live entertainment currently permissible in D.B. be expanded; If so, should the City add a list of development operational criteria for live entertainment as a secondary use; and finally, if Council has ideas of the types of entertainment to be permitted, as a secondary use, then staff will begin crafting an ordinance that would work toward facilitating those types of uses. MARCH 2, 2010 PAGE 2 CC STUDY SESSION CDD/Gubman then went on to discuss the new provisions of the Ordinance and outlined the possible changes that could be made if Council desired. He also stated that staff had made inquires to other cities as to how they handle these types of businesses. M/Herrera said she understood that Acapulco was grandfathered in and would be allowed to continue with Karaoke. Also, churches that have community rooms that allow for singing and dancing would be able to continue as well as restaurants that currently offer entertainment. However, new businesses would fall under the updated ordinance. CDD/Gubman concurred. C/Everett asked if staff had received any comments, questions, appeals or statements of concerns from constituents or businesses other than those received during public comment. CDD/Gubman responded "No". C/Chang said that when she made the motion for the ordinance she felt it was a temporary/interim ordinance. Because of the economy she felt that the City should consider an ordinance that is less restrictive and encourage new businesses to locate here. Businesses like restaurants may feel the need to provide some form of live entertainment to attract patrons. MPT/Tye said he understood C/Chang's concerns but did not want the City to suffer as it did with Scribbles. When that establishment came to the Planning Commission it was presented as a fine dining establishment. The questions were simple and the responses indicated that the proprietors had experience, knew what they were doing and that the City should not worry because it would be a white linen fine dining establishment. Shortly after opening, the kitchen was closed and the dance floor was expanded. He reiterated that he appreciated C/Chang's concerns especially in these economic times but he did not see the current ordinance being harmful to businesses that are in D.B. or deter businesses that might want to locate in D.B. C/Chang felt that if the ordinance was too restrictive, businesses might find a way to get around the ordinance. She said she felt very strongly about this issue. IVIPT/Tye responded that the City had guidelines that were specific to that particular operation, but it still took several years and a considerable amount of money to rid itself of that business. Scribbles tried to backdoor their operation during a time when D.B. had accommodated the MARCH 2, 2010 PAGE 3 CC STUDY SESSION establishment with a permit that supposedly responded to their intended uses. He stated that he could not imagine that the current ordinance would be so restrictive as to eliminate legitimate and good businesses. He agreed with C/Chang that the Council and staff could not anticipate all of the possibilities but the City can be mindful of what can and has happened, what it cost the City and how the City can deal with this in the future. C/Chang respectfully disagreed because she felt businesses could offer to help the City pay for additional law enforcement. Unfortunately, one business caused a lot of heartache; however, she sees so many other potential opportunities for the City. She continued to opt for a less restrictive ordinance. CM/DeStefano stated that should someone be attracted to D.B. and wishes to open a business that fundamentally staff believes is appropriate to D.B., but would require a code change, staff could process the application in conjunction with a code change. The code change would be applicable to several areas of the City depending on how it was written and the applicant could seek approval based upon the new standards in place. Following discussion the Council agreed 4-1 (C/Chang voting No.) that at this time there was no interest in considering changes to Ordinance 02(2010). ADJOURNMENT: With no further business to cot-ne before the City Council, M/Herrera adjourned the Study Session at 6:25 p.m. TOMMYE4CRIBBINS, City Clerk The foregoing minutes are hereby approved this 6th day of A-Pril 2010. 0I 444M,�' CAROL HERRERA, Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 2, 2010 CLOSED SESSION: 5:15 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 5:30 p.m. to the Study Session STUDY SESSION: 5:35 p.m., Room CC -8 Public Comments on Study Session Agenda - None ► Regulating Entertainment Activities — Discussion and Action Study Session Adjourned at 6:25 p.m. to the Regular Meeting CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:36 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that tonight's City Council meeting was called to order and recessed into Closed Session at 5:15 p.m. There were no public comments on the Closed Session agenda. Council only addressed the agenda item and no reportable action was taken. Council adjourned to the Study Session at 5:30 p.m. CM/DeStefano reported that tonight's Study Session was held to discuss the recently enacted Entertainment Ordinance changes and the possibility of further work on those standards. After a lengthy debate, Council determined that at this time there was no interest in changing the existing regulation. The Study Session was adjourned to the regular meeting at 6:25 p.m. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Pastor Mark Hopper, Evangelical Free Church, gave the invocation. MARCH 2, 2010 PAGE 2 CITY COUNCIL ROLL CALL: Council Members Ling -Ling Chang, Ron Everett, Jack Tanaka, Mayor Pro Tem Steve Tye and Mayor Carol Herrera. -- 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; Greg Gubman, Community Development Director; Ryan McLean, Asst. to City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Marsha Roa, Public Information Manager; Lauren Hidalgo, Public Information Specialist, Anthony Santos, Management Analyst, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS 1.1 Introduction of Lt. Chris Biasnek to the Diamond Bar/Walnut Sheriffs Station. Lt. Joe Maxey introduced Lt. Blasnek who stated he was glad to be back working at the Station. 1.2 C/Everett proclaimed March 1, 2010 as the Centennial Birthday Celebration for "Camp Fire USA Mt. San Antonio Council Day". Sandra Reutherford received the Proclamation. 1.3 C/Chang proclaimed the City's commitment to the 2010 United States Census — "It's in Our Hands". David Chung and Shelly Bautista received the Proclamation. 1.1 C/Tanaka presented a City Tile to outgoing Traffic and Transportation Commissioner Michael Shay. 1.2 MPT/Tye presented a City Tile to Audrey Hamilton in recognition of her service as the City's Representative to the Greater Los Angeles County Vector Control Board. 1.3 M/Herrera presented a Certificate of Recognition to Vantage Homeowners' Association for being named "Community of the Year" by the Community Association Institute. Mr. Pirritano and the Board received the Certificate of Recognition. NEW BUSINESS OF THE MONTH: 1.4 MPTITye presented a Certificate Plaque to Mathnasium, 2020 S. Brea Canyon Rd. #A3 as New Business of the Month for March 2010. Terry Liu received the Certificate Plaque and said a few -- words. MARCH 2, 2010 PAGE 3 CITY COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: Stewart Pompel, representing Diamond Bar Community Foundation, invited the Council and community to attend the "Community Spotlight on the Art" event on March 28 at 2:00 p.m. at the Mt. SAC Sophia Theatre. Freddie Peng, Senior, DBHS, President of Leo Club, invited the community to attend the Talent Show on Saturday, March 13 from 2:00 p.m. to 4:00 p.m. All proceeds of the event will go to the Haiti Relief and Orphanages of Thailand, Inc. Tickets are $5 at the door. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 State of the City — Thursday, March 4, 2010 — Social Hour at 5:30 p.m. — Presentation by M/Herrera at 6:30 p.m., Diamond Bar Center Ballroom, 1600 Grand Ave. 5.2 Planning Commission Meeting — March 9, 2010 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 Traffic and Transportation Commission Meeting — March 11, 2010 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.4 City Council Meeting — March 16, 2010 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Tanaka moved, C/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES: a) Study Session of February 16, 2010 — Approved as submitted. b) Regular Meeting of February 16, 2010 —Approved as submitted. MARCH 2, 2010 PAGE 4 CITY COUNCIL 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — January 26, 2010. — 6.3 RATIFIED CHECK REGISTER - Dated February 11, 2010 through February 24, 2010 totaling $669,694.49. 6.4 APPROVED TREASURER'S STATEMENT — Month of January 2010. 6.5 APPROVED RENEWAL OF GENERAL SERVICES AGREEMENT WITH LOS ANGELES COUNTY. 6.6 APPROVED CONTRACT AMENDMENT NO. 5 WITH GFB- FRIEDRICH & ASSOCIATES, INC. FOR ASSESSMENT ENGINEERING SERVICES FOR LANDSCAPE ASSESSMENT DISTRICTS 38, 39 AND 41 FOR A PERIOD OF ONE YEAR, FOR A TOTAL CONTRACT AMOUNT OF $12,950. 6.7 ACCEPTED WORK PERFORMED BY MEGA WAY ENTERPRISES FOR CONSTRUCTION OF SYCAMORE CANYON PARK TRAIL — PHASE III; DIRECTED THE CITY CLERK TO FILE THE NOTICE OF COMPLETION; RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE; AND, AUTHORIZED AN ADDITIONAL APPROPRIATION OF $14,925 FROM THE PARK DEVELOPMENT FUND TO PAY ALL PROJECT COSTS. 6.8 APPROVED CONTRACT AMENDMENT NO. 11 WITH DAVID EVANS AND ASSOCIATES, INC. IN THE AMOUNT OF $7,700 TO PROVIDE SERVICES DURING THE BID PROCESS AND CONSTRUCTION FOR THE SYCAMORE CANYON PARK TRAIL — PHASE III PROJECT. 6.9 REAPPROPRIATED MEASURE R LOCAL RETURN FUNDS FROM THE CAPITAL IMPROVEMENT PROGRAM BUDGET AREA 6 SLURRY SEAL PROJECT TO THE PUBLIC WORKS OPERATION BUDGET IN THE AMOUNT OF $80,000 FOR FY 2009-10; APPROPRIATED $80,000 OF PROPOSITION 113 FUND RESERVES TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET AREA 6 SLURRY SEAL PROJECT FOR FY 2009-10; AND AWARDED A LANDSCAPE DESIGN CONTRACT FOR THE SR 60/LEMON AVENUE INTERCHANGE PROJECT TO DAVID EVANS AND ASSOCIATES, INC. IN THE AMOUNT OF $77,900. MARCH 2, 2010 PAGE 5 CITY COUNCIL 6.10 AUTHORIZED THE CITY MANAGER TO EXTEND A PROFESSIONAL SERVICES AGREEMENT WITH LILLEY PLANNING GROUP, INC. (LPG), TO INCREASE THE CONTRACT AMOUNT OF $8,500 TO PROVIDE CONTINUED OFFSITE PLANNING SERVICES. 6.11 APPROVED DAPEER, ROSENBLIT & LITVAK, LLP AS THE PROVIDER OF CITY PROSECUTOR SERVICES. 6.12 APPROVED ADJOURNING THE MARCH 2, 2010 CITY COUNCIL MEETING TO APRIL 6, 2010. 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 PRESENTATION REGARDING ACQUISITION OF BUILDING LOCATED AT 21810 COPLEY DRIVE FOR USE AS CITY HALL AND POTENTIAL USE AS A LIBRARY. -- CM/DeStefano reported that the City currently leases space within the AQMD/Government Center building in which tonight's meeting is being held. The City has leased space within this facility for almost 10 years and has leased space in other parts of the City since its incorporation in 1989. The City's lease with the AQMD will expire in about a year (end of February 2011). The City has discussed with the AQMD executive management team two matters: 1) extending the current lease and 2) acquiring an additional 4000 sq.ft. of office space, both for a term of 10 additional years. As a result of looking at the available space within the AQMD building as well as, looking at other available spaces within the City of D.B. staff became aware of the availability of the building at 21810 Copley Dr. which was recently vacated and is for sale on the open market. The building across the street provides opportunities with respect to size, configuration and location. It is about 55,000 sq. ft; it is a two-story structure, it is about 10 years old and has about 270 parking spaces. The building was built by Opus West which is a very high-quality and well-regarded developer that serves the Pacific southwest. The first floor has a variety of improvements that includes a large computer server room, a variety of hard -walled offices, numerous conference rooms, and work spaces as well as, a large kitchen area. The second story consists primarily of a large open space with a bullpen area, some hard walled conference rooms, many bathrooms on both floors and interior elevator and stairs. The interior finishes are generally in very good condition. The owner of the property has taken very good care of this asset over the past 10 years which is MARCH 2, 2010 PAGE 6 CITY COUNCIL seen in the internal and external appearance of the building. Staff commenced discussions with the property owner, looked at the building a couple of times and began an investigation of the mechanical items as well as plumbing and electrical and found them all to be in excellent condition. The building is significantly larger than the current space occupied by the City within the AQMD and would be larger than a space that the City would seek to acquire. The current space and public counter space within the AQMD building is less than satisfactory as staff has clearly outgrown the current space. The 21810 Copley Dr. building would not only provide suitable workspace for many years as well as provide growth opportunity for the City it would also provide an opportunity to partner with private tenants and/or public sector tenants. The County of Los Angeles has an interest for D.B. to utilize the building for a potential library. The County is anxious to join with the City for greatly expanded library services and is exploring the opportunity for library services at the 21810 Copley Dr. address and the City is also exploring the opportunity for City Hall and related services. At this point the City has worked with several individuals attempting to find a space suitable for its future needs. Staff believes the building has a market value of somewhere between $9.5 million and $12 million. The City is in a position that would not afford the City to purchase the building for any amount above an appraised value as ascertained by a Certified Appraiser. Should the City move into that or any other building the relocation costs would be about $2 million. Currently, the City uses furnishings and fixtures that the AQMD has loaned the City. Therefore, one of the costs of moving to another facility would include purchase of furniture, fixtures and equipment. There are additional costs associated with this type of consideration including whether to use the City's cash or finance the purchase. The benefits of financing a purchase at this point is that interest rates are extremely low at this point in history and the opportunities are great for this City that has outstanding credit and resources to pursue a purchase. In addition, the market for acquisition of an office building is probably better than it has ever been. Should the City seek financing it would need to secure a credit rating, the cost of which could be about $15,000 and is one of many activities staff would pursue toward this opportunity. In addition to pursuing financing and defining costs, the City continues to work with the County of Los Angeles for a library partnership that will provide adequate space to expand the collection, parking spaces that will meet the needs of all of the participants, putting the library in a location that has bus access, and is in an area that would allow for many additional uses including community meetings, etc. that the current library facility is not able to provide. MARCH 2, 2010 PAGE 7 CITY COUNCIL er Staff believes the Copley building has a lot of possibilities and is excited about the possibilities. In bringing this matter to the attention of the City Council and the public, staff will pursue action as directed. There were no public comments on this matter. M/Herrera stated that the City will continue to consider all aspects of this and other issues in a cautious manner moving forward. The City Manager and his staff have done an excellent job gathering data that will allow the City Council to make a thorough and informed decision. M/Herrera moved, C/Everett seconded, to direct staff to pursue a credit analysis for the City. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None M/Herrera invited members of the public to contact their City Council Members by phone, letter or email to share their feelings about this idea. The Council is seeking the public's input as it very carefully considers all options and opportunities for pursuing this matter. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Everett hoped residents enjoyed the Winter Olympics and congratulated Canada and their gold medal winners. During the past two weeks he attended several meetings including the Regional Chamber Prayer Breakfast at the D.B. Golf Course; the Three Valleys Municipal Water District Leadership Breakfast with speaker Professor Linnea McCord of Pepperdine University Graziadio School of Business and Management; the Evergreen Club Senior Group Celebration at the Diamond Bar Center; the Walnut Valley Water District Rate Hearing; the Diamond Bar Chinese- American Association's Lunar New Year Celebration — Year of the Tiger at DBHS; and, the Third Annual Inland Valley Regional Spelling Bee sponsored by Diamond Bar Friends of the Library. He also acknowledged winner Mickey Shi from Chaparral Middle School. C/Tanaka stated that he had attended the 20th Anniversary Evergreen Senior Club Celebration; Three Valleys Water District Leadership Breakfast; the Mayors Breakfast; Post 19 fundraiser Pancake Breakfast at Station 187. He participated in the Hazardous Household Waste Roundup MARCH 2, 2010 PAGE 8 CITY COUNCIL at the Gateway Corporate Center; Diamond Bar Chinese-American New Year's Celebration at DBHS; the Lanterman Developmental Center's Volunteer Awards Dinner; the Chaparral Middle School Chinese New Year's and Lantern Festival; and, the Miss Diamond Bar Pageant Fashion Show. He announced that on Sunday, March 7 the Miss Diamond Bar Pageant Fundraiser carwash will be held at US Bank at the corner of Diamond Bar Blvd. and Grand Ave. and on Sunday, March 21 the Pageant will be held at the DBHS Theatre. Yesterday he participated in the Read Across America activities at Diamond Point Elementary School. He thanked the DBHS students for remaining through tonight's City Council meeting. C/Chang attended many of the events discussed by her colleagues. She congratulated M/Herrera on her presentation for the Joint Mayor's Breakfast. She attended the Diamond Bar Chinese Association's Chinese New Year's Event and the Taipei Economic and Cultural New Year's Event. She continues to watch the rate increase discussions very closely and continues to work with her former colleagues on the Walnut Valley Water District Board. She attended the Spelling Bee finals and is very proud that Mickey Shi is the first place winner. Mickey is from Chaparral Middle School which is C/Chang's alma mater. She attended the Boys and Girls Clubs Pomona Valley event. The Boys and Girls Club sponsored a trip to Africa and gave a very exciting presentation. She attended the Miss Diamond Bar Fashion Show. She and her husband Andrew sponsored a Diamond Ranch student. She currently serves on the Executive Board of the CalPoly Pomona Partner's in Education, an advocacy group in support of education and the teaching profession through the collaboration between schools, families and communities. The group's main objective is to assist in the recruitment and retention of outstanding teachers through the support of scholarship programs. The group recently awarded 16 scholarships to prospective math and science teachers. If anyone is interested in participating with the group, please contact her. She participated in the Read Across America at the Diamond Point Elementary School. MPT/Tye wished the Chinese community "Lung Hay Fat Choy". It was a pleasure for him to participate in the celebration at DBHS. He began today at Golden Springs Elementary School in Mrs. Kobayashi's class by celebrating Dr. Seuss's Birthday and reading The Cat in the Hat and Green Eggs and Ham. Saturday he enjoyed the rousing success of the Friends of the Library Inland Valley Spelling Bee at Mt. SAC's theater. He too congratulated Mickey Shi from Chaparral Middle School and looked forward to recognizing him at a future Council meeting. M/Herrera stated that the City Council is a very active and busy Council that works hard to represent the residents of D.B. and attend the many activities in the City. She has been receiving emails from residents who MARCH 2, 2010 PAGE 9 CITY COUNCIL have concerns about the budget for the WVUSD with budget cuts and teacher layoffs. Unfortunately, the City does not control what happens in the school district, does not control their budget, and does not control teacher layoffs. School districts are completely separate entities receiving their operating monies from the State of California as does the City. These are very serious and dire economic times for California and unfortunately, the legislators are diverting a lot of the dollars that are supposed to come to the school districts and cities in order to balance their $20 billion deficit. Some say the deficit is $40 billion. Nevertheless, the impacts are extremely serious. Last Council meeting she talked about Foothill Transit having to make $12.5 million in budget cuts because the State is diverting a lot of transit dollars as well. What that means is loss of personnel and services. There will be public meetings regarding the cuts and as soon as the Council becomes aware of those meetings the residents will be notified via DBTV 3. This has been a very informative and productive Council Meeting. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council meeting a 7:59 p.m. to April 6, 2010. — TOMMYEZRiBBINS, CITY CLERK The foregoing minutes are hereby approved this 6th day of April , 2010. - 54 CAROL HERRERA, MAYOR