HomeMy WebLinkAbout5/4/2010 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
MAY 4, 2010
STUDY SESSION: M/Herrera called the Study Session to order at
5:15 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 Tem Steve Tye and Mayor Carol Herrera.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; Linda Magnuson,
Finance Director; Bob Rose, Community Services Director; David Liu, Public
Works Director; Susan Full, Senior Accountant; Anthony Jordan, Parks and
Maintenance Superintendent; Claude Bradley, Parks and Maintenance
Supervisor; Christy Murphey, Recreation Supervisor; Greg Gubman, Community
Development Director; Ken Desforges, IS Director; Ryan McLean, Assistant to
the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate
Engineer; Marsha Roa, Public Information Manager; Dennis Tarango, Senior
Building Official, and Tommye Cribbins, City Clerk.
► REVIEW OF DRAFT BUDGET FOR FY 2010-2011 — DISCUSSION AND
ACTION.
CM/DeStefano introduced the draft budget to the City Council. He stated
that this budget has been more difficult to formulate than any during his
past four years due to the economy and loss of revenue. Since there is
virtually no investments occurring there are no new development fees and
property assessments are lower which result in lower tax revenue. This
has been an extremely challenging year. The WSJ recently reported that
the economy is growing at about a three percent rate but most analysts
insist the economy will not make much of a comeback for another two to
three years. Cities that have large sales tax producers like auto
dealerships, Home Depot's, etc. will begin to experience the uptick before
D.B. does because the City does not have those kinds of businesses.
D.B. is more dependent on property taxes and is looking at least one more
year of flat or reduced revenue. The budget before Council is very, very
tight. He worked very closely with Department Heads this year looking at
the budget far more carefully than ever before. He set the budget for
2009/10 as a target for the departments and the departments did a very
good job of attempting to achieve the mid -year level. The problem was
that as of about February, the City began to hear more discouraging news
about insurance costs, lowering of franchise fees and other categories the
City was depending on to remain level for the balance of the year. What
came out of the discussions for the 2010/11 expenditures, which are at or
below the levels from the prior year, account directly for the reduction in
expected revenue. This year the City is looking at estimated resources of
about $18,900,000; appropriations of about $18,800,000 resulting in a
slight surplus. As D.B. does each year the City is using General Fund
MAY 4, 2010 PAGE 2 CC STUDY SESSION
reserves for two major appropriation categories and at the end of the year,
based on current estimates, it is believed that the City will have roughly -
$30,141,000 accumulated reserves.
CM/DeStefano stated that tonight staff is presenting the revised Goals and
Objectives to include Council's recommendations with a couple of
exceptions for which staff has not yet had the time to sort out and
recommend to the Council. Staff plans on presenting those items for
adoption on May 18 so if there is anything further Council wishes staff to
work on it is very important to understand those items tonight so that they
can be incorporated into the final budget.
CM/DeStefano reminded Council that while resources are estimated to be
about $18,900,000, a couple of years ago the City had over $21,500,000.
Revenues have decreased as a result of the changing economy. Property
tax revenue is slightly higher than 2009/10 at about $3.84 million. In terms
of "other taxes and fees" the City expects about $600,000 in increase over
the last year for a total of about $5,222,000, an increase which is primarily
the result of the new waste hauler agreement that was negotiated and put
into place about a year ago and will be in effect August 2010. State
subventions are basically flat at about $4.6 million. Revenue from other
agencies is a category that includes results of Prop A sales to other cities
and sometimes monies that the City receives from a public agency for -_
D.B. projects. This year the City expects to see only $10,000 in that
category. Last year it was $170,000 and two years ago about $380,000.
MPT/Tye asked if it was possible for the City to get money from other
agencies during the upcoming fiscal year.
CM/DeStefano responded affirmatively. The City requested additional
resources (bigger share of contribution) from the Walnut Valley Water
District due to the City installing the centralized irrigation controller system.
The District previously gave the City about $41,000. D.B. asked for a
grand total of about $95,000 and he had just been informed that the
District would give D.B. another $17,000. With respect to personnel, the
budget continues the four "frozen" positions, three of which are full time.
The recommendation is that those positions remain frozen for at least one
half of the budget year. Staff intends to review this item as mid -year
approaches. One of the positions, the Community Services Department
Administrative Assistant position (CSD/Rose's secretary) is presently
being filled by both the Public Works and Planning Administrative Assts. If
the City sees an uptick in building, planning, public works engineering
activity it will put a strain on those Administrative Assistants then there
may be a need to fill that spot.
M/Herrera asked how long these positions have been vacant.
MAY 4, 2010 PAGE 3 CC STUDY SESSION
CM/DeStefano responded that the Administrative Assistant vacancy has
been for about a year and a half, the superintendent position two and one-
half years, the senior management analyst about a year, and the part time
finance position was created in the budget two years ago but was never
filled. Additional assistance is needed in the Finance Department but the
City is not yet ready to fill the position.
CM/DeStefano went on to state that historically, the City has provided its
employees with a COLA for the past 20 years based on the Federal
Consumer Price Index (CPI) for the year ending in March. Last year there
was no COLA provided and this year staff is asking that the Council
consider a 2.4% COLA as indicated by the CPI for March 2009/10. This
would result in a total of about $127,000 for all employees. In addition,
staff is advocating a minor increase in employee benefit allotment of $25
or a little more than $17,000 for all employees that would see that benefit.
This allotment would go toward the benefit program and in particular,
health costs that continue to rise dramatically_ Estimated appropriations
including continuing contract law enforcement services agreement with the
County will increase two percent for an overall cost of $5,555,000. There
is no reduction in the Sheriff's staffing levels for DB and no changes in the
service levels so the only change is directly related to the Sheriffs
Department contract.
CM/DeStefano further stated that there were a couple of hits to the
appropriations one of which was the JPIA Liability/Worker's Comp
insurance premium increase. The Minnequa/Sunset Crossing landslide
case was a significant defense resulting in payouts by the JPIA. In
addition, JPIA has initiated a new formula beginning July 1, 2010 which
has caused the premium to increase by $125,000 this year alone. JPIA
told staff the policy costs may go down in the next year or two because of
the way the calculations are figured. Although he and ACM/Doyle have
been challenging the JPIA for months they do not feel confident the
numbers will go down. While the numbers are increasing it has nothing to
do with the service levels, maintenance levels, or any policies, practices,
etc. by the City. There have been a couple of strange and weird accidents
that could not have been prevented and could not have been mitigated in
advance.
CM/DeStefano stated that four years ago when he inherited his first
budget, law enforcement was about 22% of the City's total expenditures
which is a very good rate. Now it is at 29%, partially because of the
increases in the cost of the City's law enforcement program, the fact that
the staffing levels have not been reduced and, the direct result of a
lowering of the City's resources which are significantly lower than they
were four years ago.
MAY 4, 2010 PAGE 4 CC STUDY SESSION
CM/DeStefano further stated that the City has a policy/practice of using
reserves for capital improvement projects. This year there is $215,000 in
reserves for a couple of projects on Grand Ave. and a necessary drainage
improvement project near Brea Canyon Rd. at Via Sorella. The City
typically uses more of its reserves for capital improvement. There are
fewer projects this year but the City has been very creative in the use of
other available funds for park improvement funds or other Proposition C
and A funds. CSD/Rose and PWD/Liu have been artful at finding other
monies to help pay for capital improvement. Historically, the City has paid
for economic development activities out of reserves. This year the budget
includes only about $112,000 which is less than what was projected in the
last year and less than what will be utilized. Staff is continuing to move
toward development of some specific plans but struggling with major
property owners to get them to participate so the amount has been
lowered for the future budget year. Lighting and Landscape Districts
continue to require subsidies by the General Fund in order to maintain the
high levels of maintenance that the City provides the three distinct districts
within the City. A few years ago the City removed the cost of personnel
from the LLD's and while there is a contribution of about $74,000 for the
upcoming year, it is less than last year because CSD/Rose and PWD/Liu
have dialed back. It also does not include about $120,000 that the City
spends on personnel in those districts. So the LLD's continue to be a
drain on the City.
CM/DeStefano talked about the Civic Center project. This budget does
not include an allocation of resources for the Civic Center project. Staff is
presuming that escrow will close by the end of the current budget year.
However, it is possible that escrow will not close until early July. Staff will
try to get it closed before the end of the year in order to include the actual
purchase in the current budget year. The expenses related to moving City
Hall across the street will be a part of the upcoming budget. Staff is
working on a detailed budget for that purpose which is not yet ready for
presentation to the Council. The estimated expenditure is $2 million.
During the next budget year there will be a conclusion of the financing of
the building purchase. The action that the Council took two weeks ago to
adopt a resolution gave the Council an 18 month window after close of
escrow (December 31, 2011 assuming close of escrow by July 1) to
conclude a decision about financing to backfill the purchase of City Hall.
Council does not have to engage in a financing vehicle. He and
ACM/Doyle are working closely with the consultant to come up with
financing schemes for presentation to the Council in about two months.
CM/DeStefano said he wants to conclude the current budget process and
learn more about what the State will be doing to include the data in a
formula that will assist the Council determine which way to move forward.
MAY 4, 2010 PAGE 5 CC STUDY SESSION
MPT/Tye asked for clarification about when the bonds had to be placed
and whether if the decision could be made on December 31, 2011 to place
bonds.
CM/DeStefano said he thought the bonds had to be in place by December
31.
ACM/Doyle said he believed the bonds had to be issued but said he would
find out and let the Council know.
CM/DeStefano said that if it was action that had to be concluded it would
mean that Council would have to make the decision about four months
prior to the December 31 deadline.
M/Herrera said she appreciated all of the employees present for tonight's
meeting.
C/Everett said he did not see the $9.9 million projected in this or next year
end.
CM/DeStefano reiterated that staff anticipates closing escrow in this fiscal
year and that is why the amount is not reflected in next year's budget. As
staff gets closer to the close of escrow it may have to make a last minute
adjustment to the current year or the adopted budget for next year.
C/Everett again asked for confirmation that it was not reflected in the
proposed budget.
CM/DeStefano reiterated his assumption was correct.
M/Herrera asked if staff's presentation to Council on May 18 would contain
different figures.
CM/DeStefano said it was possible. Clearly, it will be different with
respect to use of reserves because of the conclusion of the Civic Center
item and there may be some additional tweaks but nothing substantial is
anticipated.
C/Everett said he was trying to get the big picture for Full time positions
and how their salaries are allocated.
FD/Magnuson explained that portions of regular positions are allocated to
special funds and for her position it has to do with the Prop A funds
because she supervises the transit pass operation. For example, there
are three different sections under Public Works as well as several special
funds for which they are allocated. This is a mechanism to save the
General Fund some money and it is legitimate for the City to charge some
MAY 4, 2010 PAGE 6 CC STUDY SESSION
portion of certain positions to those other funds and conduct proper
accounting methods for employee activities. - -
C/Everett asked for confirmation that would add up to 1.00 for full time
employees.
CM/DeStefano responded "yes." He further stated that D.B. cherishes
General Fund dollars and there are a variety of other resources that come
to the City that allow it to charge time against those dollars so as a good
accounting practice D.B. does so. At least half of the City's employees fall
into this category. In some cases, employees are paid for almost entirely
or entirely by special funds such as Prop A Transit — all done to protect the
General Fund.
CM/DeStefano thanked staff for their assistance in maintaining City
services through this very tough and tight budget process. It is a very
good position for D.B. to be in to continue to provide an extraordinarily
high level of service for residents and businesses in spite of the economic
challenges.
M/Herrera thanked staff for tightening the belt on expenditures which
allows D.B. to continue to maintain services and not lay off employees.
Public Comments: None Offered.
► CITY FEES — DISCUSSION
ATCM/McLean presented a background on user fees and introduced
staff's recommendations. User fees have remained unchanged since
1998. A little over a year ago the City Council gave staff the authority to
contract for a comprehensive user fee study. For the most part the
recommended fees are significantly higher than the 1998 levels based on
full -cost recovery that was not reached in 1998. Staff determined that a
full -cost recovery fee would mean a significant hit to the users. In an effort
to get the costs to a level that would be feasible for residents and business
owners, staff developed a phased approach based on the CPI for the 12
years. The CPI over 12 years was 29.4% and staff felt the best way to
implement a flat increase in the fees would be to phase in the percentage
over three years with a 9.8 percent increase per year. Each year
thereafter there would be a CPI adjustment to maintain the current
standard state level. He provided examples of current D.B. user fees
versus standard current fees for each department.
ATCM/McLean explained that staff is not recommending any changes
based on CPI adjustments for Community Services Fees. During the past �-
few years the City Council has had an opportunity to review those fees
and make the appropriate adjustments. The final user fee schedule will be
MAY 4, 2010 PAGE 7 CC STUDY SESSION
presented at the next meeting for Council Consideration based on staff's
review and recommendations of current market rates and D.B.'s business
operation.
C/Everett asked ATCM/McLean to send him information regarding the
dates Council took action on the Community Services fees. He is still a bit
troubled because when he looks at current versus recommended it is a
significant increase, especially for the Diamond Bar Center and Heritage
Park. He wanted to see a comparison with other cities' fees, especially for
non-residents. He believed the City needed to get close to full cost
recovery but not in three years.
Asst. to CM/McLean said that after three years this proposal would not get
the City close to the current fees.
ACM/Doyle explained that it gets the City to about a 50% cost recovery
after three years.
C/Everett said that although he believed in full cost recovery he was
troubled that after 12 years the City was now looking to recover costs.
M/Herrera said she would imagine that the City is looking to make the
changes because it is way out of balance. With respect to user and non-
user fees the Council in 1998 talked about the fees and it was expressed
that D.B. residents should have preferential treatment and privileges in
usage and costs. That is why there is a difference in costs. Staff will
come back on May 18 with full details and staffs recommended fee
schedule.
Public Comments: None offered.
ADJOURNMENT: With no further business to discuss, M/Herrera
adjourned the Study Session at 6:10 p.m.
TOMMYE CRIBBINS, City Clerk
The foregoing minutes are hereby approved this 18th day of May ,
2010.
— 6v� /��
CA OL HERRERA, Mayor
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MAY 4, 2010
STUDY SESSION:
5:15 p.m., Room CC -8
► Review of Draft Budget for FY 2010-11 — Discussion and Action
► City Fees — Discussion
Public Comments: None Offered
CALL TO ORDER: Mayor Herrera called the Regular City Council
meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
CM/DeStefano reported that during tonight's Study Session, Council was
introduced to the FY 2010-11 Draft Budget. Specifically discussed were the
anticipated revenues and expenditures and the fact that no service levels would
be reduced from the current year including law enforcement. He further stated
that Council will consider the budget in more detail on May 18th with the
possibility of adoption that evening. The second item was the introduction and
discussion of City fees related to the Development Services Departments and the
Community Services Department "User fees" for the Diamond Bar Center and
parks. Some fees have not been updated since about 1999. No specific actions
were taken during the Study Session.
PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance.
INVOCATION: Ahmad H. Sakr, PhD, Islamic Education Center
gave the invocation.
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, Assistant to the City Manager; Lauren
Hidalgo, Public Information Specialist; Anthony Santos, Management Analyst;
Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City
Clerk.
APPROVAL OF AGENDA: As Presented.
MAY 4, 2010 PAGE 2 CITY COUNCIL
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS
1.1 C/Tanaka presented a Certificate of Recognition to 2009-10 Lions
International Peace Poster Contest Winner Rena Jiang, 7th Grader
at Chaparral Middle School.
1.2 M/Herrera presented a Certificate of Recognition to the Diamond
Bar National Junior Basketball team and coaches "The Destroyers."
Kristy MacDougall, representing Assemblyman Kurt Hagman's
office also presented Certificates.
NEW BUSINESS OF THE MONTH:
1.3 MPT/Tye presented a Certificate Plaque to Jerry Mah, 101 Cafe,
2763 S. Diamond Bar Blvd, as New Business of the Month for May
2010.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Video Presentation by Los Angeles County Sheriffs Deputy Mark
St. Amant regarding Earthquake Preparedness.
3. PUBLIC COMMENTS:
John Martin, 1249 S. Diamond Bar Blvd., spoke in opposition to Site D.
Ken Davis, 1173 Twin Canyon Ln., said he advocated development of a
dog park in D.B.
Lisa Davis, 1173 Twin Canyon Ln., asked the City Council to consider
development of a dog park in D.B.
4. RESPONSE TO PUBLIC COMMENTS:
M/Herrera stated that during discussion of Council Goals and Objectives
there was discussion of a dog park. At this time staff is researching the
matter and will present the Council with additional information at a
subsequent Council meeting.
CM/DeStefano stated that with respect to Site D there is a Memorandum
of Understanding (MOU) between the WVUSD and the City of D.B. to
prepare and consider a Specific Plan. In the MOU there are a couple of
paragraphs that discuss consideration of the prepared Specific Plan by the
City which clearly states "that nothing herein, however, constitutes a
commitment or guarantee that the City will adopt the Specific Plan. The -
City reserves all of its rights to and all of its discretion and its ability to
make independent judgments, findings and decisions with regard to the
MAY 4, 2010 PAGE 3 CITY COUNCIL
approval or disapproval of the Specific Plan". The City has not waived any
of its discretion in simply agreeing to prepare a Specific Plan for
consideration of the land uses on that 29-30 acre piece of property.
Within the Environmental Impact Report (EIR) there was indeed a variety
of alternatives that were explored, that were analyzed for their
environmental impact and for which mitigation measures were prescribed.
Included within those various alternatives was a full residential
development on the property. The project is before the Planning
Commission and has received consideration of two of three resolutions
that the Planning Commission has before it. The third and final resolution
will be considered by the Planning Commission at its next meeting which
is next Tuesday night.
CM/DeStefano responding to Mr. Martin stated that the Alpha Beta
Shopping Center has been with the City for decades and expanded and
doubled in size about 30 years ago. It was substantially vacant for many
years prior to Super HMart coming as a result of a new property/investor
coming in and completely revitalizing the shopping center as you see
today. This area is currently known as Diamond Hills Plaza, formerly
known as the Country Hills Plaza. Part of the reason Alpha Beta was
closed for as long as it was had to do with a variety of mergers and
acquisitions by a number of different grocery store operators in the nation.
Several grocery store operators merged for financial and economic
reasons and Alpha Beta was a casualty of that process. For a short time it
turned into a Ralphs Store. When Ralphs went through a similar kind of
process a couple of years later, Ralphs chose to keep their store at
Diamond Bar Blvd. at Grand Ave. open and close the store in the Country
Hills Centre. Ralphs continued to make lease payments to the property
owner of that shopping center guaranteeing the store would never be
reopened with a direct competitor. D.B. tried its best to break the lease
because there was a neighborhood without a grocery store. D.B. pitched
the site to a variety of individuals and were many times thwarted because
they were a direct competitor to Ralphs and Ralphs would not allow
anyone to go into that location. Again, Ralphs was making payments to
ensure that the stored remained dark. It was not until a few years ago that
the new property was literally bought out, for a significant amount of
money along with the remaining years of the Ralphs lease. A new
grocery store operator for that shopping center was pursued and HMart
was selected.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting — May 11, 2010 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
MAY 4, 2010 PAGE 4 CITY COUNCIL
5.2 Traffic and Transportation Commission Meeting — May 13, 2010 —
7:00 p.m., AQMD/Government Center Hearing Board Room, 21865
Copley Dr.
5.3 City Council Meeting — May 18, 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:
AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 APPROVED CITY COUNCIL MINUTES
6.1.1 Study Session of April 20, 2010—As submitted.
6.1.2 Regular Meeting of April 20, 2010 —As submitted.
6.2 RECEIVED AND FILED PARKS AND RECREATION
COMMISSION MINUTES — Regular Meeting of March 25, 2010
6.3 PLANNING COMMISSION MINUTES:
6.3.1 RECEIVED AND FILED — Regular Meeting of March 23,
2010.
6.3.2 RECEIVED AND FILED —Regular Meeting of April 13, 2010.
6.4 RATIFIED CHECK REGISTER — Dated April 15, 2010 through April
28, 2010 totaling $1,167,092.22.
6.5 APPROVED TREASURER'S STATEMENT — Month of March
2010,
6.6 APPROVED NOTICE OF COMPLETION FOR THE 2009-10
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB
RAMP INSTALLATION PROJECT IN THE VICINITY OF CASTLE
ROCK ELEMENTARY SCHOOL.
6.7 APPROVED NOTICE OF COMPLETION FOR THE 2009-10
COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY
(CDBG-R) CURB RAMP INSTALLATION PROJECT IN THE
VICINITY OF EVEREGREEN SPRINGS ELEMENTARY SCHOOL.
6.8 (a) APPROVED APPROPRIATION OF $62,500 OF
UNALLOCATED COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS TO THE CITY'S HOME IMPROVEMENT
MAY 4, 2010 PAGE 5 CITY COUNCIL
PROGRAM.
(b) AUTHORIZED THE CITY MANAGER TO APPROVE
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES
AGREEMENT SJC 3 CONSULTANTS IN THE AMOUNT OF
$7,500 FOR A NOT -TO -EXCEED AMOUNT OF $32,500 TO
ADMINISTER THE CITY'S HOME IMPROVEMENT PROGRAM
(HIP).
7. PUBLIC HEARINGS:
7.1 ORDINANCE NO. 03 (2010): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE
ZONING REGULATIONS GOVERNING GROUP HOMES AND
ADOPTING PROVISIONS FOR REASONABLE
ACCOMMODATION.
CDD/Gubman presented staffs report for an ordinance which, if
adopted, would amend the current ordinance. The ordinance
addresses two topics: 1) A set of new regulations for group homes,
and 2) introduction of a new provision known as "Reasonable
Accommodation." Reasonable accommodation provides
procedures where disabled residents can seek relief from zoning
regulations in order to make accessibility improvements to their
homes. The reason staff is presenting the proposed ordinance for
group homes is that nearly two years ago the City Council passed a
moratorium on group homes in response to neighborhood impacts
caused by one such facility in the City and in response to inquiries
from concerned residents over additional group residential facilities
that were being proposed. The moratorium afforded, staff the time
to study the matter, provide more detailed definitions of the different
types of group homes, and craft detailed and restrictive regulations
on group homes in order to preserve the character of D.B.'s single
family neighborhoods and to prevent the over concentration of
group homes in the City.
CDD/Gubman stated that staff spent a great deal of time with the
City's legal counsel and worked closely with the Planning
Commission to refine and perfect the proposed ordinance as it is
being presented to the Council for final consideration this evening.
Staff presented the four categories defined in the new ordinance
and briefly described how those categories would be regulated
under the new ordinance.
CA/Jenkins noted that this is an area that is heavily regulated by
State and Federal law. Sensitive to the City's concerns, at least
those that generated the adoption of the moratorium to begin with
MAY 4, 2010 PAGE 6 CITY COUNCIL
almost two years ago, City staff in conjunction with his office have
worked together extensively to craft an ordinance that goes as far
as he believes the City can go to regulate these sorts of uses within
the confines of those laws. We have looked at ordinances in other
cities, examined what other communities have done, and brought to
the Council something we believe is compliant with State and
Federal law but is still quite restrictive. The Planning Commission
took a hard look at the proposal and made good recommended
changes, thus the ordinance that the Commission is recommending
for adoption.
MPT/Tye asked if this is the best the City can do? In discussing
what things can happen staff is calling this a "multi -family home" but
under these uses, it is not a home, it is a business. How does the
City prevent neighborhoods from becoming a business? How
existing group homes prior to establishment of the ordinance must
be fully compliant with the new regulations within one year of
adoption. What if the City finds two homes that are within a quarter
of a mile of each other, how does the City handle that; is one
grandfathered, what happens to the other one? All the City knows
is that there is a problem when residents bring these homes to the
attention of the City. They seem to pop up overnight.
CA/Jenkins stated that in answer to the first part of the question,
group homes that are permitted by right under this ordinance are
deemed by State law to be the equivalent of a residential use in a
residential zone. Yes, somebody is operating a business in that
they are charging people to stay in the home and it may be a
business that in fact operates more than one of these types of
uses. But State law says that a licensed facility under six (persons)
providing certain types of services is the equivalent of a residence.
There is nothing the City can do about that. The reason for that is
that there is a policy in this State that recognizes that there is a
shortage of these sorts of facilities to accommodate the number of
people who need them. People do better in recovery situations
when it comes to sober living homes, for example, and in other
situations where other people have disabilities and want to live and
need to live in some sort of environment, they do better when living
in a residential environment. Consequently, State policy is that they
be allowed to live in residential environments in single family zones.
M/Herrera asked where County regulations come into play.
CA/Jenkins responded "they don't." County regulations have no
bearing in the City. -
MAY 4, 2010 PAGE 7 CITY COUNCIL
M/Herrera asked if the State has the primary jurisdiction over these
facilities and licenses them.
CA/Jenkins responded "that is correct." The State has a
Department of Drug and Alcohol Programs that licenses these
facilities and regulates them. There are also provisions in the
Federal law which makes it illegal to discriminate against people
who are considered to be disabled. Various categories of people
with disabilities including people with drug and alcohol addiction
problems are considered disabled within the meaning of Federal
law.
M/Herrera opened the Public Hearing.
Helen Daas, 23806 Sholane Dr. asked for clarification as to group
homes with less than six (persons) having a right by State law to be
here. Do these homes need a permit from the City and does the
City even get notified?
CDD/Gubman responded that if it is a facility licensed by the State
— Department of Social Services with six or fewer clients they don't
need a permit from the City and are exempt from local regulation. It
is a practice of the State Department of Social Services to notify
cities of newly licensed facilities and their criteria and as he
understands is that they do not permit them to be within 300 ft. of
each other. The notification process to the residents and to the
City, as he understands it, is a verification to ensure that they are
not violating the 300 ft. distance requirement. Ultimately, those
uses are exempt from local permitting and don't require State
licensing and only require a zoning clearance application. That is
little more than a toll for the City to have those uses registered and
the operators sign an affidavit that they will be operating within the
regulations that deem them to be permitted by right. Also, by
submitting the zoning clearance application to the City the City now
has documentation of that location and should a parolee/probation
home or a larger group residential facility is proposed within a
quarter mile of this location the City would have the documentation
to prevent that subsequent use from locating.
With no further public testimony being offered, Mayor Herrera
closed the Public Hearing at 7:40 p.m.
C/Chang moved, C/Tanaka seconded, to Approve for First Reading
by Title Only and Waive full Reading of Ordinance No. 03 (2010).
Motion carried by the following Roll Call vote:
MAY 4, 2010 PAGE 8 CITY COUNCIL
E
E
AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka,
MPT/Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
COUNCIL CONSIDERATION: None
COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER
COMMENTS:
C/Tanaka reported that a couple of weeks ago he attended the California
Contract Cities Association's monthly dinner meeting at the City of Hope.
On April 22 the 20th Annual Diamond Bar/Walnut Sheriff's Station Booster
Club Recognition Dinner was held at the Pomona Valley Mining Company;
Saturday April 24 he attended the Silver Tip Park Improvements meeting
held at the park during which staff received input on what the residents
would like the park to look like. On April 30 the D.B.H.S. Brahma
Foundation held its Casino Night fundraiser and last Sunday the WVUSD
held its first 5K run/walk celebrating the District's 40" Birthday. He
congratulated D.B. six newest Eagle Scouts and today he attended the
D.B. Senior Mothers' Day luncheon.
C/Chang said residents can follow her and her activities on her Facebook
and Twitter accounts. Her account is www. twitter. com/ltwoc. She met a
parent whose children participate in the AYSO U10 Boys Team and was
very impressed with the parent's enthusiasm and passion for the kids and
their team who were chosen to participate in the National AYSO games
in Florida the week of July 5. They are required to fund their trips and
have been working diligently to raise the funds to support the team
members and their parents. She announced that this Friday they will be
holding a fundraiser at Jojo's Pizza in China Hills and on June 14 a
fundraiser at Chili's in D.B. For more information email her and she will
pass along the information to the parents.
C/Everett spoke about the Pomona Valley Medical Center's pediatric
rehabilitation program. He attended the Ribbon Cutting ceremonies for
the Milestone Center for Child Development. The Milestone Center is on
the premises with the Claremont Club. Sunday was a great day for the
Walnut Valley 5K walk/run and 1 K fun run. Thanks to all of the sponsors.
Close to 2400 attended the event. He acknowledged and congratulated
Castle Rock and Evergreen Elementary for participating in California
Distinguished Schools. He congratulated the Booster Club Recognition
for Sheriffs volunteers. Two very active members who deserve
recognition are Mike Goldenberg and Dr. Jeffrey Lowe as well as, all law
enforcement. For a long time D.B. has had note of a Farmer's Market.
Initially in 2002 it was at the corner of Grand and Golden Springs and then
it moved in 2005 to Southlands Christian School on Brea Canyon Cutoff
MAY 4, 2010 PAGE 9 CITY COUNCIL
near Colima and Fairway. Effective this Saturday Jack Newe's Farmers
Market will be at Mt. SAC at 1100 Grand Ave. from 8:00 a.m. to 2:00 p.m.
MPT/Tye commended the residents for their generosity to the community
and their participation in the Friends of the Library Wine Soiree, the
WVUSD Teddy Bear Tea, the DBHS Brahma Foundation and the WVUSD
5K. It is very encouraging to see people come out and support such
efforts in these tough economic times. This past Saturday D.B. lost an
angel. Emily Hager at 27 lost her battle with cystic fibrosis. She was a
courageous young lady who was a delight to know. She lived her life with
courage, purpose and dignity and it is incredible what one can learn from
someone younger. Emily taught him every time he was with her to be
grateful for what he has. She was very involved in developing the pipeline
for a cure which has shown great strides toward helping sufferers heal and
deal with their disease. There will be a memorial service honoring her life
on Saturday at 11:00 a.m. at the First Christian Church in Huntington
Beach. He encouraged everyone to be a part of the service and keep her
parents Steve and Diane and her sister, Julia, in their thoughts and
prayers as they deal with the loss of this lovely young woman.
M/Herrera said that many Council Members attended several events
during the past couple of weeks. She is feeling very proud of the youth in
D.B. with the 5K run, the Eagle Scout ceremonies, the basketball team
members and she thanked all of the adults that work with, mentor and
guide all of these kids to be better than they could and would be which
goes toward making a strong community. D.B. is a great place with great
adults and great kids for which she is grateful.
ADJOURNMENT: With no further business to conduct, M/Herrera
adjourned the Regular City Council meeting at 7:55 p.m. in memory of Emily
Hager.
TOMMY CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this 18th day of May ,
2010.
D4A41��
CAROL HERRERA, MAYOR
