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HomeMy WebLinkAbout10/15/2013 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 15, 2013 CALL TO ORDER: Mayor Jack Tanaka called the Regular City Council meeting to order at 6:32 p.m. in the Windmill Community Room, Diamond Bar City Hall, 21810 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Allegiance. INVOCATION: invocation. ROLL CALL: Everett and Mayor Tanaka. /.1=a — a I Council Member Chang led the Pledge of Cantor Paul Buch, Temple Beth Israel gave the Council Member Chang, Tye, Mayor Pro Tem Council Member Herrera was excused. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; David DeBerry, City Attorney; Dianna Honeywell, Finance Director;reg u man, ommuniyeve o� Director; Raymond Tao, Building Official; David Liu, Public'Works Director, Bob Rose, Community Services Director; Ken Desforges, IS Director; Ryan McLean, Assistant to the City Manager; Kimberly Young, Associate Engineer; Anthony Santos, Senior Management Analyst; Alfredo Estevez, IS Help Desk Support Technician; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Mayor Tanaka and Council Members presented a Certificate 'of Recognition to Joseph Lee, student at Mount Calvary Lutheran Church/School for saving a relative from drowning. Teachers Ms. Randall and Mrs. Trotter were also in attendance. 1.2 MPTIEverett proclaimed October 17, 2013 as "The Great California ShakeOut" during which people worldwide will practice how to "Drop, Cover and Hold" at 10:17 a.m. MPT/Everett presented the proclamation to Robert Alfaro, Assistant Regional Administrator of the program. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CMIDeStefano introducing Tina Javid, Representative of Southern California Gas Company reported that the Gas Company is engaged in a regional effort to upgrade gas meters and the methods by which the information from the gas meters will be transmitted back to the Gas Company adding to a greener environment and a more accurate meter OCTOBER 15, 2013 PAGE 2 CITY COUNCIL reading for consumers. The program is being deployed throughout the Southern California Gas Company region and was most recently installed in the City of Walnut. Tina is present this evening to talk about the deployment in Diamond Bar. Tina .favid provided a power point presentation on the "Advanced Meter Program" which will automate the meter -reading function. The program benefits information for consumers. Currently, the Gas Company reads meters once a month and residents receive a bill after consuming a month's worth of usage. Once this program is implemented, residents will be able to get next -day information. The goal is that with this information, consumers will save money. Individuals who are on fixed incomes for example, can look at the usage, plot their usage and decide how to use gas. Commercial consumers will benefit in this manner as well. Energy is very expensive and anything consumers can do is helpful. With the focus on the environment, once this program is rolled out 1000 trucks will be taken off the road every day helping with traffic as well as air duality. Currently, employees enter properties once a month to read meters. Once the system is implemented, that privacy issue will be enhanced and the need for employees to enter. back yards will be eliminated as well as the safety of the employee. SCG is regulated by the California Public Utility Commission. An order was issued for this program in 2010 with the Gas Company having until 2017 to implement the program and have it fully operational. SCG is the last of the large utility companies to roll out this program and by being last SCG has learned a great deal from sister utilities Edison and PG&E. She is proud to report that SCG is the only large utility that will use its employees to roll out this program. The company made a commitment upfront that meter readers would be retained as employees and although they will not be meter readers they will install the hardware and have opportunities to find other careers within the company once the program is implemented. Ms. Javid showed a meter and how the system will work. The same meter residents currently use will continue to be used with one piece that will be added on the face of the meter. A receiver will be installed that sends information to the company's billing group. Information will be available the following day via computer and smart phone. 20 -year Lithium batteries will power the receiver that remains in the off mode except for 4 microseconds per day during which turns on and transmits meter -read information to the billing unit. The information will be encrypted and no personal information will be transmitted. Before the meters can be installed, data collection units which are the backbone of the system must OCTOBER 15, 2013 PAGE 3 CITY COUNCIL be up and running. In order for the system to go online 4,000 units will be placed throughout the service territory with 24 of those collection units residing in Diamond Bar. She showed a map that pinpointed the locations of the units. The number of units installed depends on the topography, number of homes and the number of businesses. Because Diamond Bar has a lot of rolling hills, more units will be required in order for the systems to talk to each other and pick up the read. If the system is on a Gas Company pole, the pole needs to be in the public right-of-way or within the Gas Company easement for homeowners associations. If cities own their street light poles the system can be attached. In addition, the Company has made an arrangement with Edison to attach the unit to one type of their pole. The goal is to select appropriate sites that are least intrusive to the community. She showed photos of what the various installations would look like and stated that the Company has made a commitment to the City of Diamond Bar that prior to installation information will be provided to residents. Once installation has been completed we will work with both City staff and the am er o ommerceo�the in orma ion out o resp en s an businesses about the actual roll out of the meters next year. Ms. Javid said that it has been an absolute pleasure working with staff members who have remained thorough and focused and have been great partners in this effort. She also stated that she had left information packages for Council and residents. MPT/Everett thanked Ms. Javid for communicating the Company's efforts very effectively and for acknowledging staff. Residents will appreciate being able to communicate with Ms. Javid as this program rolls out. MPT/Everett asked if the Company would provide software for smart phones and computers. Ms. Javid reiterated that residents can go online to the Gas Company website at www.socalgas.com to sign up for the Advanced Meter program. Because "The Country Estates" is such a large HOA there will be three collection units within the subdivision. The Company has been working very closely with "The Country Estates" Homeowner's Association Board of Directors to make certain proper sites are being selected and information is being communicated to the residents. CMIDeStefano thanked the City's Public Safety Team. Diamond Bar remains one of the safest cities in Southern California and in the nation. The City has minimal crime and year-to-date statistics continue to reflect that data. Diamond Bar is about two percent below the statistics from 2012 and about 10 percent below the crime statistics from the last five OCTOBER 15, 2013 PAGE 4 CITY COUNCIL years. Crime has ebbs and flows and crime categories have ebbs and flows. Diamond Bar has done a good job of pushing out crime from the community sometimes to the detriment of surrounding communities and unincorporated areas which has seen some increases in crimes, particularly home burglaries. 3. PUBLIC COMMENTS: Allen Wilson thanked the City Council and particularly MlTanaka and MPT/Everett for responding to his questions. As a pedestrian he is concerned for his safety, especially when he crosses Golden Springs Drive to visit Chili's and Target. Although the pedestrian has the right-of- way, many drivers disregard that fact. About six months ago as he was walking from Golden Prados to Golden Springs to cross over to the golf course a driver made a left turn in front of him. Fortunately, there was a Deputy Sheriff in the area and the driver was cited. Mr. Wilson asked if he was correct in assuming that pedestrians are entitled to complete the crossover to the other side of the street before drivers can make a left or right turn. April Carlos said she appreciates all of the new trails and other amenities that the City manages to. keep adding when other cities are going bankrupt. She asked C/Chang about a letter of support from Senator Bob Huff and. asked her to explain how a Council Member can have any impact in a classroom or school curriculum and whether or not the City will have to hold another election in the event that she succeeds in winning a seat in the State Assembly. Vinod Kashyap spoke detailing his opposition to the Site D project and that he felt that even though the Planning Commission agenda for October 8th had a noticed Public Hearing for Site D there was no Public Hearing because ,Chair/Torng restricted speakers to five minutes each. He also stated that in his opinion the City Council owes residents a public hearing. Mr. Kashyap stated that Lennar Homes is listed as the applicant; however, the property owners are listed as Walnut Valley Unified School District and the City of Diamond Bar and that the only property owner who was present at the Planning Commission meeting was MlTanaka. Mr. Kashyap stated that he has appealed to Supervisor Knabe to look into what is going on in Diamond Bar and made the same appeal to Diamond Bar's Congressman, Assemblyman and Senator. He is also making the same appeal to the City Council Members. He is concerned about the potential for fraud based on his belief that because public land is being sold at yesterday's prices with a flawed EIR and the fact that he has read the CEQA report and finds nothing that tells him that CEQA has been OCTOBER 15, 2013 PAGE 5 CITY COUNCIL followed. A lot of things happened at the Planning Commission and the general consensus which was made plain to M/Tanaka is that there has not been transparency. Over and above that, the land is inundated with faults and slip circles. He suggested that the City Council place a moratorium on this site and have a proper engineering study done and appoint a task force to study the issue. Pui-Ching Ho, Diamond Bar Library Acting Librarian, reported that the library will offer a series of five workshops for children aged 0-4 and their parents on Wednesdays beginning October 16 at 10:00 a.m. The workshop offers a setting in which children and parents can learn and play together. Parents will be introduced to some of the local resources available to help them in the rewarding but challenging task of parenting. Topics to be discussed will include dental care, speech, child development, nutrition and literacy. On Saturday, October 19 at 2:00 p.m. Clint Perry and the BooHoo Crew will present a special Halloween Party for children and their families. On Saturday, October 26 at 2:00 p.m., teens and adults are invited to make holiday themed sketch books. Supplies are limiend ona first-come,irstserve basis. For more information please stop by the Library's Reference Desk or call 909861- 4978. Nancy Lyons congratulated CMIDeStefano for getting the Grand Avenue electronic sign working again. In walking around the City and talking with residents she has heard concerns expressed about the condition of properties and streets. One of the worst problems she encountered is on Evergreen Springs near Diamond Bar High School. One home burned down about five years ago and has been left. The chain link fence surrounding the property has been folded over so low that people can step over it and walk onto the property which she believes has happened because there is trash on and around the property. She asked what the City's process was for eliminating blight. Residents around Evergreen School complained about the trash and debris on the business side of Fountain Springs. Terry Straley said she was concerned about what the Walnut Valley Water District is hiding. Five residents present at tonight's meeting have suffered broken pipes. Her neighbor was the first to calf the Water Company on October 3 and she called on October 4 to check on the matter. Her plumber checked the water pressure for both houses and found the pressure in the neighboring home to be two points higher than hers. When the Water Company representative came to her home she asked if there was a problem with the water pressure because the Water Company had been on their street to fix a water break and was told by the employee that no work had been done on their street since 2002. The five sitting in the audience can testify to the fact that someone from the Water Company or its contractor was working on a broken water line on her street. The OCTOBER 15, 2013 PAGE 6 CITY COUNCIL employee told her that if there had been a break there would have been a patch on the street. She asked the representative to turn around so that he could face the street and see what she was telling him. He said nothing and left. Her neighbor asked him to check her water pressure and he refused to lower it. Mrs. Straley said that she was told her water pressure was 80-120 in Diamond Bar. Her insurance company and her plumber told her that 80-120 is way too high. RESPONSE TO PUBLIC COMMENTS: CMIDeStefano responded to Mr. Wilson that Diamond Bar places a high priority on pedestrian safety. The City has an active Sheriff's Department that includes traffic enforcement deputies and staff will work with Mr. Wilson regarding the scenarios presented and see what, if anything, staff can do to check the area to make sure that motorists are behaving appropriately. Pedestrians clearly have the right-of-way while they are within the public sidewalk and public crosswalk areas. CMIDeStefano stated that with respect to comments about Site D, Site D is a 30 -acre property located at Brea Canyon Road and Diamond Bar Boulevard. This property has been owned by the Walnut Valley Unified School District for decades. The City of Diamond Bar owns a little over one -acre strip at the corner between Brea Canyon Road and the flood control channel which Diamond Bar purchased about seven years ago. Diamond Bar and the School District have entered into a purchase/sale agreement with Lennar Homes, one of the nation's largest home builders. Lennar Homes entered into a purchase agreement with the School District and the City of Diamond Bar to purchase the entire property for $40 million which is a substantially higher price than what the property appraised for last year when Lennar was the winning bidder. The reason Lennar Homes was at the Planning Commission last week was to seek its recommendation for City Council approval for the construction of 182 homes within three different major model types and a new public park. The request to the Planning Commission was implementation of a City Council decision that was made about a year and one-half ago to change the land use on the property to permit homes and a park. The City Council's policy decision to establish land use on that property was the result of several years of public discussion, several public workshops, public meetings, public newsletters, and notices sent out over the years. In addition, the School District sent out a district -wide newsletter that talked about the project. The San Gabriel Valley Tribune and other media produced news items/stories about the project and again, there were numerous public workshops and public hearings, some of which were held at Castle Rock Elementary School, as well as, onsite tours, etc. There was a lot of debate about whether that land should be developed and if so, how it should be developed. OCTOBER 15, 2013 PAGE 7 CITY COUNCIL The City Council made the land use decision in early 2012 to permit up to 200 homes on the property. The developer has designed it at 182 homes and that project received a Planning Commission recommendation for City Council approval during its October 8 meeting. The project is on its way to the City Council and the City Council is tentatively scheduled to hear the project on November 19. The City Council's decision is solely on the issue of whether or not those specific 182 homes and park should be approved. This is no longer about whether or not homes should be built on the property it is now a matter of what size, shape, location, amenities, etc. because the policy decision to develop that property was made a year and one-half ago. As part of that policy decision, a major environmental study was done on the project involving numerous experts. The Environmental Impact Report was publicly available, was reviewed by the public which presented comments to the EIR. The EIR was discussed at length during Planning Commission meetings and the EIR was certified. Now, as part of the overall project component, that EIR is being implemented with many things including trees and other components for the property in question. This was a multi-year effort and the Planning ommission's chat tinge -at the las meefing was size, shape; -location -of homes, location of the park and amenities within the park. The Planning Commission has recommended Council approval of the package which the City Council will review on November 19. The Public Hearing for November 19th will be advertised in the newspapers, the City's website and individually to all residents living within 1000 feet of the property, etc. There is nothing mysterious about the Site D project which has been underway for several years and will provide significant revenues to the Walnut Valley Unified School District which, they have indicated, will go directly into teaching students within the District, an effort the District has had underway for several years. The City's piece of land is being sold as part of the project which will primarily be a landscape amenity and small tot lot at the end of Crooked Creek. The City Council has not yet made any decision with respect to where the proceeds of the sale of the City's property will be used, but discussions are underway. CMIDeStefano thanked the speaker for comments regarding the library sign. Staff was able to track down the missing components, put the pieces back together and develop a system in cooperation with the library and most importantly with the LA County Fire Department to advertize public service messages on that sign for the benefit of the community. This sign which was donated to the library by the Friends of the Library was important to the City Council which challenged him to find a solution. As to the Evergreen Springs home, CMIDeStefano said he was not personally familiar with the issue; however, staff will absolutely take a look at the situation. When a house is no longer habitable as a result of a fire, it often takes far longer than it should to resolve issues with insurance OCTOBER 15, 2013 PAGE 8 CITY COUNCIL companies before someone is allowed to rebuild the home. CM/DeStefano responded to comments about the Walnut Valley Water District stating that the District is a separate governmental political entity from the City of Diamond Bar, much like the school district, but the City works very closely with the Walnut Valley Water District. If any resident has a question, concern or comment regarding the Water District, they are encouraged to immediately let staff know because staff will immediately contact the Water District to assist in getting attention paid to a particular issue. General Manager, Mike Holmes is very professional and has been with the District for many years. He is an excellent advocate and executive director for the District. CMIDeStefano said he would check with staff and contact Mr. Holmes directly tomorrow. C/Tye asked if staff would invite Mr. Holmes to a future City Council meeting to discuss water pressure in Diamond Bar. He said he remembers the house on Evergreen Springs from four years ago and asked if that property was a candidate for receivership. CMIDeStefano said it is difficult to know at the moment whether it is a candidate for receivership but a similar circumstance prompted the City Council to move forward with receivership after all other efforts to correct the problem with the property owner failed. He assured C/Tye and the Council that he would be looking into the matter first thing tomorrow morning. C/Chang responded to the political inquiry by giving everyone her personal cell phone number 909-319-5446 and her personal email address Lingsquared(a-gmail.com so that they could contact her with any questions. She is not retired and has had a job which for the past 10 years has been in science education. M/Tanaka thanked the Fire Hollow homeowners for coming to tonight's meeting. He reported that he has spoken with Claudia Huff and questions that were asked this evening have gone to the Walnut Valley Water District via the City's Public Works Division. 4_ SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — October 22, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Parks and Recreation Commission Meeting -- October 24, 2013 -- 7:00 p.m., Windmill Community Room, 21810 Copley Drive. OCTOBER 15, 2013 PAGE 9 CITY COUNCIL 5.3 3D Halloween Haunted House — October 30 and 31, 2013 -- 6:00 p.m. to 9:00 p.m., Heritage Park, 2900 S. Brea Canyon Road (recommended for children 8 and older). Admission $5 per person. 5.4 Fall Fun Festival -- October 31, 2013 — 4:30 p.m. to 8:30 p.m., Heritage Park, 2900 S. Brea Canyon Road. Free admission. 5.5 Eco Expo 2013 — November 2, 2013 -- 10:00 a.m. to 2:00 p.m. — South Coast Air Quality Management District Parking Lot, 21865 Copley Drive. 5.6 City Council Meeting November 5, 2013 - 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 6. CONSENT CALENDAR: C/Chang moved, MPT/Everett seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tye, MPTIEverett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Herrera 6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of October 1, 2013 - As Submitted. 6.2 RECEIVED AND FILED PARKS PLANNING COMMISSION MINUTES — Regular Meeting of August 27, 2013. 6.3 RATIFIED CHECK REGISTER — Dated September 26, 2013 through October 9, 2013 totaling $1,200,667.18. 6.4 SECOND READING AND ADOPTION OF ORDINANCE NO. 08(2013): ADDING CHAPTER 9.02 TO TITLE 9 OF THE DIAMOND BAR. CITY MUNICIPAL CODE ESTABLISHING A REWARD FOR INFORMATION LEADING TO THE ARREST OR CONVICTION OF A PERSON DAMAGING PROPERTY AS A RESULT OF A RESIDENTIAL BURGLARY. 7. PUBLIC HEARING: 7.1 ORDINANCE NO. 09(2013): AMENDING TITLE 15 OF THE DIAMOND BAR CODE AND ADOPTING, BY REFERENCE, THE "CALIFORNIA BUILDING CODE" VOLUMES 1 AND 2, INCLUDING APPENDICES C, I AND J THERETO, CHAPTER 1 DIVISION 11 OF THE 2013 "CALIFORNIA BUILDING CODE" AS OCTOBER 19, 2013 PAGE 10 CITY COUNCIL THE ADMINISTRATIVE CODE, THE 2013 "CALIFORNIA MECHANICAL CODE" AND THE APPENDICES THERETO, THE 2013 "CALIFORNIA PLUMBING CODE: AND THE APPENDICES THERETO, THE 2013 "CALIFORNIA ELECTRICAL CODE" AND THE APPENDICES THERETO, THE 2013 "CALIFORNIA RESIDENTIAL CODE" INCLUDING APPENDICES G, H, J, K AND O THERETO, THE 2013 "CALIFORNIA GREEN BUILDING CODE" WITHOUT THE APPENDICES THERETO, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS. BOITao stated. that every three years or so the City amends the State Building Codes which this year is due January 2014. The use of the building codes are for building construction, electrical, plumbing and mechanical work, disabled access and green building. The State Health and Safety Code mandates adoption of the codes every three years. The local area of Diamond Bar is different from the rest of the State in that it has hillside areas, expansive soils and fire zones. In order to protect the welfare of its residents, the City adopts local amendments which include hillside management, etc. One important side note is that the administrative items do not need any special planning but the construction items do, so the amendments contain administrative items that were listed previously in 117 through 119 that were moved to the construction side upon producing findings. Amendments to the code include three items which are generally reduced to numbering changes rather than the bulk of the code which remains generally the same. The three items that were amended include 1) the length of time for building permits is 180 days which can be extended one time. Code enforcement permits will be changed to 90 days unless it is a complicated project which will be granted 180 days which would mean a maximum of 360 days. Rather than indicate a permit is suspended or abandoned it must be signed off by the Building Inspector who has to say that a portion has been passed rather than suspending or abandoning. 2) For major remodels in a fire zone, the project would be required to meet the fire zone requirements and sprinkler requirements it would essentially need to be a new building. 3) Accessibility is required retroactively for site improvements so the site access is required to be improved and will be part of the inspection process. BO/Tao stated that new building codes throughout the State require that plumbing fixtures be modified to be low -flow fixtures, especially the low -flow toilets, for any remodel that is 10 percent or greater than $160,000. The Green Building Code which was instituted last code cycle is now required for additions as well as new OCTOBER 15, 2013 PAGE 11 CITY COUNCIL construction. The California Building Code for Accessibility has been modified completely to be more in line with the ADA. Some of the dimensional criteria have changed and the format is completely different and looks almost identical to the ADA. The Energy Code requirements are becoming rather strict by requiring more insulation, more glazing and a solar -ready roof which would require varied orientation toward the south side of the building. Staff recommends that the City Council approve for First Reading by Title Only, Wave Full Reading of Ordinance No. OX (2013) and set the Second Reading for November 5. M/Tanaka opened the Public Hearing. Vinod Kashyap asked if the new code would apply to permits issued in the past if something was missed during the inspection. BO/Tao responded that Chapter 34 states that depending on the situ fan antic what percentages are modified wiEYdeermieewhatis to be done with the existing structure so some grandfathering might apply depending on the amount of work required. With no further testimony being offered, M/Tanaka closed the Public Hearing. MPT/Everett thanked BO/Tao for his report. He asked if there was a significant potential for additional costs for modifications with the changes in the code. BO/Tao responded that when codes change City's must abide by the new code and the ADA requirements are retroactive so as a result of that factor, something built today would have to be modified to the new code. When this new code was written the authors realized there were many changes that would affect buildings and they allowed that for this cycle the previous cycle could be used if it matches the requirement. Obviously, if one is required to upgrade for accessibility there is going to be an added cost. MPT/Everett said he appreciated the stronger language for the local amendments in the fire zone. CMIDeStefano read the Ordinance Title into the record. MPT/Everett moved, C/Chang seconded to Approve for First Reading by Title Only, Waive Full Reading of Ordinance No. 09 OCTOBER 15, 2013 PAGE 12 CITY COUNCIL (2013) and set the Second Reading for November 19. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 8. COUNCIL CONSIDERATION: Chang, Tye, MPT/Everett, M/Tanaka None Herrera 8.1 FIRST READING OF ORDINANCE 10(2013): AMENDING TITLE 10 BY ADDING SECTION 10.16.115 TO THE DIAMOND BAR MUNICIPAL CODE PROHIBITING PARKING OF VEHICLES ON CITY STREETS AND PUBLIC PROPERTY FOR THE PURPOSE OF SLEEPING. SMA/Santos presented information regarding the proposed ordinance. The primary purpose for parking on City streets and public property is to provide places for persons to temporarily park their vehicles to access residences, business and recreational facilities. The City currently has a prohibition for sleeping in vehicles in City parks; however, there is no prohibition for sleeping in vehicles on public rights-of-way such as streets, alleys and other facilities of that nature. This ordinance would add Section 10.16.115 to the Municipal Code that would add restrictions for sleeping in vehicles on public streets, alleyways and public facilities, as well as the current prohibition beyond parks. The Sheriff's Department had observed on one occasion where an individual was sleeping in his vehicle in a particular part of town and because this was not included in the ordinance it did not allow deputies to monitor the situation. The draft ordinance was taken to the Public Safety Committee on September 27 for their review and consideration and based on the Committee's feedback it was recommended that the matter be brought to the entire Council for review and consideration. Staff recommends that the City Council approve for First Reading by Title Only and Waive Full Reading of Ordinance No. OX (2013). C/Chang asked if there were any provisions for a person who was tired from driving to pull onto a City street for a nap. She knows friends who have been driving long distances and feel it is necessary to pull off of the freeway for a short nap. SMA/Santos responded that the draft ordinance does not contain provisions for that type of activity and would most likely be a OCTOBER 15, 2013 PAGE 13 CITY COUNCIL situation that the Sheriff's Department could monitor and determine. C1Chang reported that there was an incident a few years ago in which a designated driver was exhausted and fell asleep at the wheel and hit a tree killing the passenger and C/Chang felt individuals should not be prevented from pulling aside to take a nap if they are tired and should not continue driving. She said she was very worried that the ordinance did not contain exceptions for that type of activity. M/Tanaka said that the Public Safety Committee discussed the fact that the Sheriff's Department would have latitude in enforcing the ordinance but that the proposed language would prevent someone from habitually sleeping in a vehicle within the City limits. CITye asked what the Sheriff's Department does when it comes up on someone sleeping in a car on the City's streets. S1��San os s6icFthat-6asecTon his unclers�nding, that—if-there is a call, the deputy goes to the scene and if they see someone sleeping there is nothing that can be done because there is nothing in the City Code that prevents someone from sleeping on City streets. Unless there is another issue for which the person can be cited, there is nothing the Sheriff's Department can do. MPT/Everett stated that it appears there is an exposure where cars park with the purpose of sleeping and a growing number of those people get together which becomes a problem in some cities. One of the objectives of the committee was to give the Sheriff's Department the tools to properly manage the parking and sleeping situations. Vinod Kashyap asked when the ordinance would go into effect. .SMA/Santos responded that if the First Reading were approved a second reading would follow and the ordinance would go into affect 30 -days after the Second Reading is adopted by the City Council. CITye felt that someone sleeping in his car was a neighborhood and safety issue and the City needs to have the tools to prevent such issues. C/Tye moved, MPT/Everett seconded, to approve for First Reading by Title Only, Waive Full Reading of Ordinance No. 10 (2013). Motion carried 3-1 by the following Roll Call vote: OCTOBER 15, 2013 PAGE 14 CITY COUNCIL AYES: COUNCIL MEMBERS: Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: Chang ABSENT: COUNCIL MEMBERS: Herrera 8.2 APPROVAL OF FISCAL YEAR 2013.14 APPROPRIATION ADJUSTMENTS FOR CARRY -FORWARD EXPENDITURES, CAPITAL PROJECT CARROVERS AND FISCAL YEAR 2012-13 FINAL ADJUSTMENTS. FD/Honeywell stated that the Council has a redlined report which adds language that was inadvertently left out regarding carryovers in the special revenue funds. The schedules were in the original agenda packet but the language was left out and added for clarification in this revised report. The purpose of this agenda item is to carry forward appropriations from Fiscal Year 2012-13 to Fiscal Year 2013-14 for purchases that for various reasons could not be made by June 30, 2013. In accordance with the City's budget policy, all appropriations lapse at fiscal year end. The carryover of appropriations must be approved by City Council. These carryovers amount to approximately $622,000 in the General Fund and can be found in Exhibit A_ Also included in Exhibit A is the carryover of appropriations for the Specific Revenue Funds. These carryovers amount to approximately $215,000 and staff is asking the City Council to also re -appropriate these funds into Fiscal Year 2013-14. Capital Project carryovers were included in the adopted FY 2013-14 Budget which were estimates only based on the expected percentage of completion of the projects on June 30. This agenda item includes final adjustments to those adopted carryovers. These carryovers amount. to approximately $169,000 and can be found in Exhibit B. The agenda item also includes final budget adjustments for FY 2012-13 for changes in the amount of revenue to be received for gas tax, transfer of the savings realized in the Sheriff's Department Budget to the new Law Enforcement Fund, and additional appropriations for various accounts. Details for Fiscal Year 2012-13 Final Budget Adjustments can be found in Exhibit C of the report. Finally, it should be noted that the revised adopted budget anticipated that the City would end Fiscal Year 2012-13 with $16.7 million in General Fund Reserves. Preliminary estimates show that the General Fund Reserves will be nearly $17.1 million at June 30, 2013. Staff will be coming back to report on the final figures after the audit is complete and the CAFR has been published in late December. OCTOBER 15, 2013 PAGE 15 CITY COUNCIL MPT/Everett moved, C/Chang seconded to approve Fiscal Year 2013-14 Appropriation Adjustments for Carry Forward Expenditures, Capital Project Carryovers and Fiscal Year 2012-13 Final Adjustments. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tye, MPTIEverett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Herrera 8.3 (a) APPROVE FIRST READING OF ORDINANCE 11(2013): AMENDING DIVISION 5 OF CHAPTER 8.12 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO STANDARD URBAN STORMWATER MITIGATION PLAN (SUSMP) REQUIREMENTS BY IMPOSING RAINWATER LOW IMPACT DEVELOPMENT (LID) STRATEGIES ON PROJECTS THAT REQUIRE BUILDING, GRADING AND ENCROACHMENT PERMITS. CMIDeStefanostated-Itfat-this matter is being -broughtt to-th-e—City -- Council as a result of requirements by regional authorities for the City to adopt measures that lessen impacts upon water quality. AEIYoung introduced the City's Environmental Services Consultant, John Hunter who has served the City for many years and has been quite instrumental over the past 18 months with respect to stormwater compliance and the new 2012 permit. AE/Young went on to report that Item a) is the Low Impact Development (LID) Ordinance. In November 2012 the Municipal Separate Storm Sewer System Permit referred to as the MS 4 Permit was adopted by the Regional Water Quality Control Board, Los Angeles Region. Prior to the 2012 Permit, there were three previous permits for the County of Los Angeles. The first and second permit established data collection requirements and legal authority while the third permit established program implementation requirements, especially for new development. Page 3 of the report states that the last permit was adopted in December 2000 but it was actually adopted in 2001. The current permit, the 2012 MS 4 Permit, expanded water quality monitoring and focused on the elimination of non-stormwater discharges. The 2001 permit was about 100 pages and the current 2012 permit is over 600. The 2012 permit is a multi -faceted permit; however, tonight the focus will be on the LID Ordinance and Green Street policy that is required to be passed by the City Council. OCTOBER 15, 2013 PAGE 16 CITY COUNCIL Specifically, the new permit affects projects because it reflects a fundamental shift f from implementation of structural control measures to low -impact development control measures which means that previous development projects were able to install catch basin filter inserts and direct all of their stormwater to the catch basin which would then go into the Storm Drain System and ultimately to US waters. Projects are now required to follow low -impact development guidelines which means that development projects need to mimic the natural hydrology character of -the site and in order to do so the project needs to either retain the stormwater onsite or infiltrate it , where feasible or bio -filtrate the water. Water would need to go through some type of organic filtration process before it can be directed to the Storm Drain System. The effects on local projects remain the same as the old permit with a few changes specifically to commercial and industrial projects. The previous threshold was that if a commercial or industrial project created 100,000 of impervious area, it was required to mitigate stormwater. The new permit has lowered that threshold to 10,000 square feet. In addition, street construction projects of 10,000 square feet are identified in the new permit where under the 2001 permit road construction was not identified as criteria for following stormwater mitigation. Under the 2001 permit existing single family dwelling and accessory structures were exempt. Now, if those projects create, add or replace 10,000 feet of impervious surface they will be required to mitigate stormwater. To mitigate stormwater impacts, projects are required to implement Best Management Practices (BMP's) and the new permit prioritizes how impacts will be mitigated. Whereas under the old permit developers may have been able to choose how they mitigate, there is now a prioritized list that developers must go through in order to mitigate the stormwater as follows: 1) provide onsite infiltration by retention and/or rainfall harvest and use of site groundwater replenishment. In Diamond Bar that can be very difficult because of the clay soil which does not allow for infiltration in many areas of the City if not the entire City. If developers can prove through geotechnical determination that infiltration is infeasible they can move to bio -treatment as the next best mitigation tool for stormwater. What this means to developers in terms of financial impacts with respect to developments in the City of Diamond Bar is that development as is currently known, has basically changed. Previously, developers were able to install a catch basin insert to direct the water to catch basins which would have been sufficient. Now, developers must implement low -impact development guidelines during the planning period for the project. This can be OCTOBER 15, 2013 PAGE 17 CITY COUNCIL done at a fairly low building and maintenance cost if filtration through landscape areas are incorporated. Developers will need to do so prior to planning the development, make sure there is sufficient room in the development to incorporate these landscape areas for filtration which presents an opportunity for developers to create aesthetically pleasing developments for the Diamond Bar community that will have landscaped areas that would not otherwise exist if not for stormwater quality purposes. Staff recommends that the City Council Approve for First Reading by Title Only, Waive Full Reading of Ordinance No. OX (2013) Ordinance Amending Division 5 of Chapter 8.12 of the Diamond Bar Municipal Code Relating to the Standard Urban Stormwater Mitigation Plan (SUSMP) Requirements by Imposing Rainwater Low Impact Development (LID) strategies on projects that require building, grading and encroachment'permits. C/Chang movecr,__C ye seconded, to pprove�rF' st ea ng g Gy Title Only, Waive Full Reading of Ordinance No. 11 (2013), an Ordinance Amending Division 5 of Chapter 8.12 of the Diamond Bar Municipal Code Relating to Standard Urban Stormwater Mitigation Plan (SUSMP) Requirements by Imposing Rainwater Low Impact Development (LID) Strategies on Projects that Require Building, Grading and Encroachment permits. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tye, MPTIEverett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Herrera (b) ADOPT RESOLUTION NO. 2013-31: APPROVING A GREEN STREETS MANUAL FOR NEW CONSTRUCTION AND RECONSTRUCTION OF ROAD PROJECTS. AE/Young reported that the Green Streets Manual for new construction and reconstruction of road projects is before the Council for consideration this evening. As previously mentioned, the 2012 MS 4 Permit requires that permittees demonstrate that Green Street policies are in place for transportation corridors. A copy of the draft manual that was modeled after the USEPA publication Managing Wet Weather Green Infrastructure was included in the Council's packet. This manual implements LID opportunities along roadways because roadways represent a significant percentage of impervious area and generate a substantial amount of runoff from storm events. Traditional street OCTOBER 15, 2013 PAGE 18 CITY COUNCIL design focuses on removing water off the roadways as quickly as possible by getting it into the curb and gutters, catch basins, storm drains and ultimately the US waters. Green streets help transform the_ street design from conventional methods of moving water off of streets as quickly as possible as well as, promoting storage and treatment of the water before it enters US waters. Green Street Practices will be required to be implemented if one. of the three criteria is met for projects: 1) street or roadway construction of 10,000 square feet or more of impervious surface area within a transportation corridor; 2) street or roadway improvements creating, adding or replacing, 5,000 square feet or more of impervious surface area in an RE developed site. This will not include any roadway maintenance projects that have been undertaken as long as the original line and grade of the roadway is maintained; and, 3) for any projects not listed above, the Director of Public Works maintains the authority to require Green Street policies. She highlighted a few examples of Green Street design elements in the LA area and responded to Council questions. Staff recommends that the City Council adopt Resolution No. 2013- 31: Approving a Green Streets Manual for New Construction and Reconstruction of Road Projects. C/Tye asked what the adoption of this manual would mean for Site D. AE/Young responded that because Site D is a larger development it is implementing low -impact design guidelines and criteria within the development that addresses the housing development area, streets and sidewalks. The entire site is being treated through bio- treatment. C/Tye asked if the Site D project would include gutters that catch the water, AE/Young responded that the protect does not currently include that type of design but it does include specific landscape areas that water is being directed to throughout the site that are treating the stormwater. C/Chang said that in 2007 she did a research project of the Inland Empire Utilities Association which is a platinum lead building entity. Their entire parking lot is impervious pavement and a couple of bio- swales are included as well. In addition, there are bio-swales in the City of Diamond Bar so the City is already moving along that path. OCTOBER 15, 2013 PAGE 19 CITY COUNCIL ClChang moved, MPT/Everett seconded, to Adopt Resolution No. 2013-31: Approving a Green Streets Manual for New Construction and Reconstruction of Road Projects. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Herrera 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTSICOUNCIL MEMBER COMMENTS: C/Tye said that following the last City Council meeting as the City's representative and the organization's President he presided over the Contract Cities Fall Seminar during which MS 4 and water bonds were discussed. He thanked APITobon for five years of service to the City, NIO/Flacks for 10 years of service to the City and FA/Pacheco for 15 years of service to the City. Diamond Bar is a lean and mean machrne - __-- and the people that do the work for the City, want to be present and have been for so long are very much appreciated. ClChang reminded everyone they could follow her on Facebook and Twitter. She is very active on those two sites. On October 3 she and C/Tye attended the League of California Cities meeting and as the City's representative and President of the LA County Division, the focus was on the issue of water. Diamond Bar has been encouraged to provide input toward the crafting of a new bond. On October 5 she attended the US Army Advisory Board meeting. On October 7, she, M/Tanaka and MPT/Everett attended the Neighborhood Watch Emergency Preparedness Meeting in "The Country Estates which was very well attended. On October 12 she attended Diamond Bar High School's Food Trucks Fundraiser. MPT/Everett stated that on October 4 he attended the Diamond Ranch High School 4th Annual Breast Cancer Awareness fundraiser. The Diamond Ranch High School Panthers beat Los Altos 30-13 and Miss Diamond Bar and her Court participated. On October 7 he also attended the HOA Disaster Preparedness and Neighborhood Awareness meeting. On October 21 a more traditional Neighborhood Watch meeting will be held. He reminded everyone about the 3D Haunted House and Fall Fun Festival events. M/Tanaka acknowledged the presence of Diamond Bar High School Leo President Atharshna Singarajah. He thanked President Steve Tye for hosting the California Contract Cities Association's 33rd Annual Fall Seminar in Temecula. He attended the Community Safety and Disaster OCTOBER 15, 2013 PAGE 20 CITY COUNCIL Preparedness meeting in "The Country Estates" and thanked Battalion Chief Hook and Leticia for attending along with Captain Scoggin and Lt. Tachias. October 8 he attended the Chaparral Middle School Fundraiser "Tip a Teacher" at Chili's Restaurant. Principal Thibodeaux and teachers served food and waited on tables. Last Saturday he attended the Pomona Library 3K Walk Fundraisers. Volunteers from Leo Club, Kiwanis Club, Pomona Police Department Explorers Group, Pomona Friends of the Library and Pomona Art School participated. Last evening he attended the volunteers meeting for the upcoming Haunted House and Fall Fun Festival events. He thanked all of the volunteers in attendance. He congratulated the 14 Walnut Valley Unified School District teachers who received "Teacher of the Year" awards. They will be formally recognized tomorrow afternoon at Diamond Bar High School. He congratulated "District Teacher of the Year" Science teacher Maggie Strand from Chaparral Middle School. ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the Regular City Council Meeting at 8:28 p.m. TOMMYEtRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 5th day of November , 2013. J JACK TANAKA, MAYOR