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HomeMy WebLinkAbout10/19/2010 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION OCTOBER 19, 2010 STUDY SESSION: M/Herrera called the Study Session to order at 5:47 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Drive, 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; Linda Magnuson, Finance Director; Bob Rose, Community Services Director; David Liu, Public Works Director; Greg Gubman, Community Development Director; Ken Desforges, IS Director; Ryan McLean, Assistant to the City Manager, Rick Yee, Senior Civil Engineer; Grace Lee, Senior Planner; Kimberly Molina, Associate Engineer; Christian Malpica-Perez, Associate Engineer; Raymond Tau, Building Official; Marsha Roa, Public Information Manager, and Tommye Cribbins, City Clerk, Also Present: Traffic and Transportation Commissioners Jimmy Lin and Vice Chair Leanne Pincher; and Consultants representing the City of Industry. 10. POWER POINT PRESENTATION — LEMON AVENUE UPDATED — Discussion and Action. PWD/Liu gave a brief background on the Lemon Avenue project and AE/Molina provided a power point presentation. PWD/Liu spoke about the budget for the project and stated that the next step will be a letter from Caltrans, to be reviewed and approved by the City, notifying residents that would have been affected by a potential sound wall that in fact no such sound wall would be built. Further, two agreements will be sent to the City for approval: A freeway agreement between the State and the City of D.B. that will be on the November 16th City Council meeting; and, a right-of-way agreement giving authority allowing the State to begin acquisition of land for the project. MPT/Tye asked if the residents were aware a sound wall would be built on their properties? PWD/Liu said he did not believe the residents knew about it MPT/Tye asked why residents would be sent a letter telling them that they were not getting a sound wall when they were not aware of it in the first place. OCTOBER 19, 2010 PAGE 2 CC STUDY SESSION PWD/Liu said that was staff's question to Caltrans and that it is protocol. He said that his understanding is that the noise level in that vicinity already reaches a high threshold and that this project, with the proposed improvements, will add one more decibel in the immediate vicinity. As a result, Caltrans has to go back to its protocol and consider where the new sound wall will be most beneficial. MPT/Tye asked how taking traffic off Golden Springs and putting it on the freeway adds noise to these homes. PWD/Liu responded that noise abatement analysis considers future traffic conditions. Rob McCann with LSA, indicated that while MPTfTye is correct that noise levels today exceed the threshold for noise abatement, the truck traffic will be shifted to Lemon Ave. and because the overall forecast is an increase in traffic there is a slight increase in decibels. Even if there had been zero increase, Federal policy requires Caltrans to evaluate noise abatement which is why Caltrans conducted the sound wall abatement location. MPT/Tye said it still made no sense to him. Mr. McCann explained that the primary source of noise in this area is around the freeway. This project is not changing the volume on the freeway and the noise studies were done using the impact of all of the noise that is occurring in the environment and that these changes would be made as a result of the project. C/Everett said he was troubled by the issue as well. It seems like the City might be opening itself to a lawsuit and asked if there a defense to all of this? PWD/Liu said he would assume that Caltrans would consider all legal aspects of this project. Mr. McCann said that the environmental document identified two criteria: Is the sound wall feasible and 2) under the Federal criteria the analysis must also meet what is called a "reasonable criteria". There is a series of calculations to determine what is optional in terms of providing the greatest cost benefit. Under Caltrans criteria, when they are looking at walls that are on private property, they must execute an easement with each property owner that requires approval from one hundred percent of the property owners. The document indicated the sound walls may or may not be built and the purpose of the Caltrans letter is to tell the public what the final decision was based upon the final design. OCTOBER 19,2010 PAGE 3 CC STUDY SESSION C/Everett said he understands and respects the decision; however, he believes it is a Federal mandate that the City must be sensitive to the sound level but with no funding to mitigate the condition. Mr. McCann stated that there was no requirement to achieve it. It is saying that m areas that exceed the 65 decibels or if a project causes a severe increase of for example, 12 decibels, it does not mean that the City must provide abatement but must evaluate whether it is feasible, etc. C/Everett asked who would have the primary responsibility. The Consultant said Caltrans would have the primary responsibility. C/Evereft said that Caltrans would have a vested interest in the outreach to help anticipate and communicate. IVIPT/Tye asked about the cost of the walls. AE/Molina stated that the three separate walls would cost roughly one million dollars. C/Tanaka asked if there was consideration of relocation of traffic signals along Golden Springs. PWD/Liu responded that the existing signal at the west ramp will be rebuilt as part of the project as well as median realignment in that general area. There will be a new signal at the east on/off ramp. C/Tanaka then asked if the current width of Lemon Avenue would be able to handle the potential traffic if the stadium is completed because currently Brea Canyon Rd. is the best boundary of that project. PWD/Liu responded by stating that that was one of the questions that staff had asked the consultant and that they had stated that the new intersections would be able to accommodate future conditions. Following discussion, PWD stated that the existing on/off ramp at Brea Canyon Road will continue to function on the north side. M/Herrera said she would like to have staff continue to apply to Caltrans and Metro for partial funding for the $1.9 million shortfall. PWD/Liu advised that the City submitted a letter but no formal application has been submitted. Public Comments: None Offered. OCTOBER 19, 2010 PAGE 4 CC STUDY SESSION ADJOURNMENT: With no further business to discuss, MtHerrera recessed the Study Session at 6:25 p.m. L TOMMYP- CRIBBIN5, City C;erk The foregoing minutes are hereby approved this 2nd _ day Of November 2010. CAROL HERRERA, Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 19, 2010 CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:32 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Drive, Diamond Bar, CA. CLOSED SESSION: 5:15 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54956.8 Property Address: Agency Negotiator: Negotiating Party 21825 Copley Drive Diamond Bar, California City Manager AQMD/Government Center 21865 Copley Drive Diamond Bar, CA 91765 Under Negotiation: Price, Terms and Payment ► Government Code Section 54957 Public Employee City Manager Performance Evaluation STUDY SESSION: 5:47 p.m., Room CC -8 ► Lemon Avenue Update — Discussion and Action M/Herrera asked for CM/DeStefano to report on the Closed and Study Session this evening. CM/DeStefano reported that during tonight's Closed Session two items were considered by Council: 1) Performance evaluation of the City Manager and 2) Discussion of terms related to the use of the AQMD Auditorium. There were no reportable action taken and no public comments were offered. CM/DeStefano stated that tonight's Study Session included a Lemon Avenue project update. The City has been working with Caltrans toward the development of on and off ramps at Lemon Avenue for the past few years. There have been previous updates as well as, this evening's report provided to the Council regarding the status of that project. There were no decisions made by the Council and no action was taken. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. OCTOBER 19, 2010 PAGE 2 CITY COUNCIL INVOCATION: Pastor Jeanne Farreau-Sorvillo, United Church of Christ, 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; Grace Lee, Senior Planner; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Raymond Tau, Building Official; Patrick Gallegos, Management Analyst; Christian Malpica-Perez, Associate Engineer; Anthony Santos, Management Analyst; Marsha Roa; IS Director; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 MPT/Tye proclaimed October 24, 2010 as "World Polio Day" and presented the Proclamation to President Cyndy Simms and Representatives on behalf of the Rotary Club of Walnut Valley. 1.2 M/Herrera proclaimed October 17 through 23, 2010 as Los Angeles County Sheriff's Department "Eyes on the Road" week. BUSINESS OF THE MONTH: 1.3 C/Chang presented a City Tile to owner, Mr. Gibani, owner of Aljibani Halal Market, 23385 Golden Springs Drive, as Business of the Month for October 2010. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None 3. PUBLIC COMMENTS: None 4. RESPONSE TO PUBLIC COMMENTS: None 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — October 26, 2010 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. OCTOBER 19, 2010 PAGE 3 CITY COUNCIL 5.2 Parks and Recreation Commission Meeting — October 28, 2010 — 7:00 p.m., AQMD/Government Hearing Board Room, 21865 Copley Drive. 5.3 Hall of Horrors — October 30 and 31, 2010 — 6:00 p.m. to 9:00 p.m., Heritage Park, 2900 S. Brea Canyon Road. 5.4 Fall Fun Festival — October 31, 2010 — 4:30 p.m. to 8:00 p.m. - Heritage Park, 2900 S. Brea Canyon Road 5.5 Election Day — November 2, 2010 — Polls open 7:00 a.m. to 8:00 p.m. 5.6 City Council Meeting — November 2, 2010 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.7 Eco Expo — November 6, 2010 — 10:00 a.m. to 2:00 p.m. — Pantera Park, 738 Pantera Drive. 6. CONSENT CALENDAR: MPT/Tye moved, C/Tanaka 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 - REGULAR MEETING OF OCTOBER 5, 2010 — Approved as submitted. 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of July 27, 2010 -Received and filed, 6.2.2 Regular Meeting of August 10, 2010 —Received and filed. 6.2.3 Study Session of August 24, 2010 —Received and filed. 6.3 RATIFIED CHECK REGISTER DATED SEPTEMBER 30, 2010 THROUGH OCTOBER 13, 2010 TOTALING $1,326,110.36. 6.4 APPROVED NOTICE OF COMPLETION FOR THE DIAMOND BAR BOULEVARD RAISED MEDIAN MODIFICATION PROJECT. 6.5 APPROVED CONTRACT WITH RKA CONSULTING GROUP TO PROVIDE BUILDING AND SAFETY SERVICES THROUGH JUNE 30, 2011 AT A COST NOT TO EXCEED $210,000. OCTOBER 19, 2010 PAGE 4 CITY COUNCIL 6.6 ADOPTED RESOLUTION NO. 2010-36: CORRECTING A CLERICAL ERROR IN RESOLUTION NO. 2010-33 BY _ MEMORIALIZING THE SUBSTITUTION OF CORRECTED PAGES AS AN ATTACHMENT TO SAID RESOLUTION. 6.7 APPROVED $2,720 APPROPRIATION OF PARK DEVELOPMENT FUNDS FOR SYCAMORE CANYON PARK TRAIL PHASE III PROJECT. Due to the time, Council Consideration was brought forward. 8. COUNCIL CONSIDERATION: 8.1 APPROVE FIRST READING — ORDINANCE NO. 04(2010): AMENDING IN ITS ENTIRETY CHAPTER 8. OF TITLE 8 OF THE DIAMOND BAR MUNICIPAL CODE REGULATING SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. PWD/Liu presented staffs report on seven major divisions and key features of the Ordinance which will enable the City to effectively enforce standards and requirements under the franchise agreement as well as, addressing modern solid waste issues such as collection of electronic waste, composting, recycling, construction and demolition materials. PWD/Liu elaborated on each of the major divisions - (1) Purpose of regulating collection and disposal of solid waste, and purpose of regulating recycling activities; 2) Franchise provision; 3) Solid waste collection; 4) Limited collection permits; 5) Solid waste activities and exclusions; 6) Construction and demolition permits; and, 7) Enforcement authority and legal remedies. The State mandates that it is the city's responsibility to ensure the proper disposal and recycling of refuse and hazardous waste in the community. Staff believes the new ordinance would not only reflect the City's new residential and commercial franchise agreement, it would also more effectively regulate the other aspects of the solid waste system. This new ordinance brings the collection and disposal of solid waste activities into the mainstream and represents a significant milestone toward increasing the diversion rates in the future. There was no one present who wished to speak on this matter. C/Tanaka moved, C/Everett seconded, to approve for First Reading by Title Only, Waive .Full Reading of Ordinance 04(2010) and set the date for Second Reading for November 2, 2010. Motion carried by the following Roll Call vote: OCTOBER 19, 2010 PAGE 5 CITY COUNCIL AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. CONTINUED PUBLIC HEARINGS: 7:07 p.m. 7.1 CONTINUED PUBLIC HEARING — A PUBLIC HEARING TO CONSIDER VARIOUS ACTIONS PERTAINING TO SITE D (A SITE COMPRISED OF APPROXIMATELY 30.36 ACRES LOCATED AT THE SOUTHEAST CORNER OF BREA CANYON ROAD AND DIAMOND BAR BOULEVARD, DIAMOND BAR, CA (ASSESSORS PARCEL NUMBERS 8714-002-900, 8714-002-901, 8714-002-902, 8714-002-903 AND 8714-015-001) INCLUDING GENERAL PLAN AMENDMENT NO. 2007-03, ZONE CHANGE NO. 2007-04, SPECIFIC PLAN NO. 2007-01 ("SITE D SPECIFIC PLAN"), TENTATIVE TRACT MAP NO. 70687, AND CONSIDERATION OF CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT 2007-02 (SCH NO. 2008021014). (Continued from the July 20, 2010 City Council Meeting). CDD/Gubman updated the City Council on the progress of this project including the School District's workshop held on October 16 which was intended to guide the participants through a series of exercises intended to identify and discuss concerns and then present their own ideas and solutions for developing Site D. Bob Meuting, consultant and workshop coordinator, is compiling the community input and preparing a detailed report on the community outreach effort, The report is scheduled to be presented to the School Board at a special meeting on November 9, 2010. It is expected that following this special meeting, the School District will make a formal request to the City Council regarding the framework under which the Site D planning process should proceed. The School District has asked that the City continue this matter to November 16 and staff concurs with the recommendation to continue the matter to November 16, 2010. Since the Public Hearing is still open, it is appropriate to take additional public comments this evening before making its decision to continue this matter. M/Herrera re -opened the Public Hearing at 7:11 p.m. Nancy Lyons, WVUSD Board President, stated that the community outreach was held at Castle Rock Elementary School on October 16 and was scheduled for 8:30 a.m. to 12:30 p.m. However, due to the amount of input by residents, the meeting lasted until about 2:00 p.m. About 80 individuals attended the workshop and 67 OCTOBER 19, 2010 PAGE 6 CITY COUNCIL offered feedback regarding a variety of issues about Site D. The session began with an overview of Site D and a history of the _ property after which, those who were able to do so, toured the site. Following the tour, the participants broke into groups of seven to eight individuals. Each group answered a series of questions which were tabulated with a spokesperson from each group presenting answers to their questions. At the end of the exercise, participants' questions were answered to the best of the facilitator's ability. WVUSD believes that the community overview and workshop went very well with much information being shared. The facilitator is compiling all of the information that was received from the workbooks, poster pages and questions for a follow up meeting during which the facilitator will provide a summary of the information to the School Board and participants. As a result, the School Board is requesting a continuance of the Site D Specific Plan to November 16, 2010. Mary Rodriquez felt it was important to get an official and independent outside biological assessment for Site D and read a letter written by John Harbough to C/Chang. With no further testimony offered, M/Herrera continued the public hearing. MPT/Tye moved, C/Chang seconded, to continue the Site D Specific Plan Public Hearing to November 16, 2010. 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 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka spoke about the recent WCCA meeting he attended; the Site D outreach meeting, and the Haunted House meeting. He also thanked the Boy Scouts in attendance at tonight's meeting as well as other students attending as part of the Civics classes. C/Everett spoke about the October 5 Pomona Unified Trustee Board meeting and the annual CALA meeting. C/Chang thanked Site D outreach workshop participants. She reported on the LA County Division League of California Cities general meeting and about a story she heard on ESPN about a D.B.H.S. graduate, Alex Morgan who was deemed a heroine for the US Women's National Soccer team on October 6. Ms. Morgan scored the Ione goal for the US in a 1-1 OCTOBER 19, 2010 PAGE 7 CITY COUNCIL tie with China and the match against China was a final exhibition for the US before entering the Women's World Cup qualifying tournament being held October 28 in Mexico. She asked that the Council recognize Ms. Morgan at a future Council meeting. MPT/Tye felt the Site D outreach workshop was very productive and while lengthy there was a lot of good give and take. He hoped that individuals would take the time to go to the WVUSD meeting on November 9 and address any further concerns to the School Board. He asked M/Herrera to adjourn tonight's meeting in memory of Don Chamberlain who lost his battle with Cancer on Sunday. Don was 84, a WWII veteran and never complained during a very lengthy and trying physical time. The City extends its thoughts and prayers to his wife Betty and family. M/Herrera missed the last City Council meeting while working on transportation issues, a major concern for the City. She thanked her colleagues for all of the work they do to improve D.B. She is the City's representative for Foothill Transit and Foothill Transit has the only total electrical buses that are now running between Pomona and Laverne. Foothill Transit had those buses designed and built through ARRA funds -- and it is hoped that should more funds become available they can have more totally green buses constructed. Foothill Transit is proud to have a complete fleet of over 200 buses running on clean, natural gas, ADJOURNMENT: With no further business to conduct, M!Herrera adjourned the Regular City Council meeting at 7:34 p.m. in memory of Don Chamberlain. L, r- TOMMA CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 2nd day of NovPmher , 2010. CAROL HERRERA, MAYOR