HomeMy WebLinkAbout01/21/2014 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JANUARY 21, 2014
CALL TO ORDER: Mayor Carol Herrera called the Regular City
Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management
District [Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
... ...... ... ..... .. ........ ........ ....... ......... .....
PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance.
INVOCATION: Pastor Jeanne Favreau-Sorvillo, United Church
of Christ, gave the invocation.
ROLL CALL: Council Members Chang, Lyons, Tanaka,
Mayor Pro Tem Tye, and Mayor Herrera.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; David DeBerry, City Attorney; David Liu, Public Works
Director; Ken Desforges, IS Director; Bob Rose, Community Services Director;
Greg Gubman, Community Development Director; Dianna Honeywell, Finance
Director; Ryan McLean, Assistant to the City Manager; Marsha Roa, Public
Information Manager; Grace Lee,' Sr. Planner; Cecilia Arellano, Public
Information Coordinator; Anthony Santos, Senior Management Analyst; and
Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 MPTITye and C/Lyons presented Certificates of Recognition to
Winners of the Diamond Bar Holiday Home Decorating Contest for
2013.
1.2 Mayor Herrera presented a City Tile to former Planning
Commissioner Tony Torng.
1.3 MlHerrera and City Council Members presented a Certificate of
Recognition to Rosette Clippinger and members of the Diamond
Bar Woman's Club on the occasion of their 50th Anniversary.
1.4 MlHerrera and Council Members presented a City Tile to Assistant
City Manager David Doyle, upon his resignation to become the City
Manager for the City of Aliso Viejo.
ACM/Doyle thanked the City Council and staff.
Council Members extended their thanks, congratulations and best
wishes.
Dickie Simmons presented ACM/Doyle with a Certificate of
Recognition on behalf of Supervisor Don Knabe.
JANUARY 21, 2014 PAGE 2 CITY COUNCIL
BUSINESS OF THE MONTH:
1.3 MPT/Tye and City Council Members presented a City Tile to
Diamond Bar Family Dentistry's owner, Ritchie Park, DDS, 1155 S.
Diamond Bar Boulevard Unit D as Business of the Month for
January 2014.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CMIDeStefano stated that ACM/Doyle is known as a builder and has
worked on many Diamond Bar projects over the last 13 years including
two City Halls, the Diamond Bar Center, and the creation of a
Neighborhood Watch vehicle.
ACMIDoyle reported that the new Neighborhood Watch/Community
Trailer, an audio-visual wonder that includes a large screen TV, DVD
components, microphones, and speakers will be rolled out to
Neighborhood Watch meetings for presentations directly from the trailer
throughout community on a pro -active basis. In addition, the trailer has
been branded the City of Diamond Bar Trailer so that it can be used for all
special events and promotion of City programs. The Sheriff's Department
is very excited about the trailer and Deputy Aaron Scheller, the
Community Relations Deputy is very excited about using it for his
Neighborhood Watch meetings that will be coming up in the next couple of
weeks.
CMIDeStefano further stated that ACM/Doyle is teased about his
responsibility to "build things" for the City whether they be Neighborhood
Watch Trailers or community facilities that the residents have enjoyed over
the past 13 years. ACM/Doyle is also well known for building
departments, programs and people within the organization and he will do
extremely well in Aliso Viejo. It is the City's great loss and Aliso Viejo's
great gain. ACM/Doyle is passionate about his profession and leaves
Diamond Bar and the City organization in a better place than it was when
he arrived in July 2000.
It was CM/DeStefano's pleasure to welcome ACM/Doyle in 2000 when
City Manager Terry Belanger brought him to the City and it is
CMIDeStefano's pleasure to see him move on to achieve his goal by
becoming the City Manager in Aliso Viejo. Speaking for all staff members,
everyone has thoroughly enjoyed working with ACM/Doyle and wish him
the very best in Aliso Viejo and beyond.
M/Herrera hoped that the new city council would treat ACM/Doyle as
wonderfully as this City Council treats him. Sadly and reluctantly, this City
Council says goodbye to ACM/Doyle.
JANUARY 21, 2014 PAGE 3 CITY COUNCIL
3. PUBLIC COMMENTS:
Pui-Ching Ho, Diamond Bar Acting Librarian, invited children and their
families to the library to join students of the Diamond Bar High School
......... ........ .... ........ National Honor ...Society for .a puppet show tomorrow at .4:00..p.m. .......
Following the program, children can make circle art to take home. This
event is appropriate for elementary school students. On Saturday,
January 25 at 2:00 p.m. there will be a presentation of The Voyage of
Odysseus followed by an acting workshop at 3:00 p.m. Then on Saturday,
February 1st, Master Jenny Liu will present a Feng Shui seminar beginning
at 2:00 p.m.
RESPONSE TO PUBLIC COMMENTS: None
4. SCHEDULE OF FUTURE EVENTS:
5.1 Parks and Recreation Commission Meeting — January 23, 2014 -
7:00 p.m., Windmill Community Room, 21810 Copley Drive.
5.2 Planning Commission Meeting — January 28, 2014 — 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.3 City Council Meeting — February 4, 2014 — 6:30 p.m.,
SCAQMD/Government Center Auditorium, 21865 Copley Drive
5.4 Planning Commission Meeting — February 11, 2014 — 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.5 Traffic and Transportation Commission Meeting — February 13,
2014 -- 7:00 p.m., Windmill Community Room, 21810 Copley Drive.
6. CONSENT CALENDAR: MPT/Tye moved, C/Tanaka seconded, to
approve the Consent Calendar as presented. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Chang, Lyons, Tanaka, MPT/Tye,
M/Herrera
None
None
6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of
December 17, 2013 —As submitted.
6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION
COMMISSION MINUTES — Regular Meeting of November 14,
2013.
JANUARY 21, 2014 PAGE 4 CITY COUNCIL
6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES:
6.3.1 Regular Meeting of November 26, 2013.
6.3.2 Special Meeting of December 19, 2013.
6.4 RATIFIED CHECK REGISTER — Dated December 12, 2013
through January 15, 2014 totaling $2,023,454.17.
6.5 APPROVED TREASURER'S STATEMENT — for the month of
November 2013.
6.6 TRANSMITTED COMPREHENSIVE ANNUAL FINANCIAL
REPORT FOR FISCAL YEAR ENDED JUNE 30, 2013.
6.7 AWARDED CONTRACT TO THOMAS G. MATLOCK &
ASSOCIATES TO PROVIDE ARCHITECTURAL DESIGN
SERVICES FOR A GENERATOR ENCLOSURE STRUCTURE AT
CITY HALL IN THE AMOUNT OF $24,800; PLUS A
CONTINGENCY OF $2,480 FOR A TOTAL CONTRACT AMOUNT
OF $27,280.
6.8 ADOPTED RESOLUTION NO. 2014-01: AMENDING THE CITY'S
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM FOR FISCAL YEAR 2013-14 TO REPROGRAM
FUNDS TO THE HOME IMPROVEMENT PROGRAM, ADA
SIDEWALK IMPROVEMENTS FY 2013-14 PROJECT, AND ADA
IMPROVEMENTS FOR STARDUST AND LONGVIEW SOUTH
MINI -PARKS.
6.9 APPROVED THE 2014 LOS ANGELES COUNTY MUNICIPAL
LAW ENFORCEMENT SERVICES AGREEMENT (MLESA) FOR A
FIVE YEAR TERM BEGINNING JULY 1, 2014.
6.10 APPROVED AMENDMENT NO. 2 TO THE CONTRACT WITH
ARCHITERRA DESIGN GROUP FOR THE DESIGN OF
CONSTRUCTION DOCUMENTS FOR THE ADA RETROFIT OF'
THREE (3) MINI -PARKS IN LIGHTING AND LANDSCAPE
ASSESSMENT DISTRICT (LLAD) #39 FOR ADDITIONAL
SERVICES IN THE DESIGN OF LONGVIEW SOUTH AND STAR
DUST PARK IN THE AMOUNT OF $10,000 FOR A TOTAL
AUTHORIZATION OF $87,300; AND, APPROPRIATED $10,000 IN
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG)
IN FISCAL YEAR 2013-14 TO THE PROJECT'S BUDGET.
JANUARY 21, 2014 PAGE 5 CITY COUNCIL
6.11 AUTHORIZED THE CITY MANAGER TO APPROVE AN
INCREASE OF $8,000 (AMENDMENT NO. 3) TO THE
PROFESSIONAL SERVICES AGREEMENT WITH SJC3
CONSULTANTS FOR AN AMOUNT NOT -TO -EXCEED $38,000
TO ADMINISTER THE CITY'S HOME IMPROVEMENT
........ ........ .. ....... ........ ........ .. ....
PROGRAM (HIP) FOR FY 2013-14.
6.12 ADOPTED RESOLUTION NO. 2014-02: APPROVING THE
APPLICATION FOR LAND AND WATER CONSERVATION FUND
FOR THE PANTERA PARK TRAIL ACCESS DEVELOPMENT. .
6.13 APPROVED ASSIGNMENT
GRANDVIEW TRAIL LINK
ENGINEERING TO ICG, INC.
OF GRANDVIEW TRAIL AND
DESIGN CONTRACT FROM TKE
6.14 ADOPTED RESOLUTION NO. 2014-03: ESTABLISHING AN
APPROVED VENDOR LIST (AS DEFINED BY ORDINANCE NO.
05(2006)) TO BE IN EFFECT FROM FEBRUARY 1, 2014
THROUGH JANUARY 31, 2015.
6.15 APPROPRIATED $156,613 FROM GENERAL FUND RESERVES
AND AUTHORIZED HARDY & HARPER, INC. 1N THE AMOUNT
OF $142,376; AND, AUTHORIZED A 10% CONTINGENCY
($14,237), TO REMOVE PARKWAY CURBS THROUGHOUT THE
CITY,
6.16 APPROVED NOTICE OF COMPLETION FOR MEDIAN
MODIFICATIONS FOR:
(a) TYNER PAVING — MEDIAN MODIFICATION PROJECT AT
GRAND AVENUE AND SUMMITRIDGE DRIVE;
(b) TYNER PAVING — MEDIAN MODIFICATION PROJECT AT
DIAMOND BAR BOULEVARD AND SILVER HAWK DRIVE.
7. PUBLIC HEARING:
7.1 ADOPT RESOLUTION NO. 2014-04: ADOPTING THE 2013-21
HOUSING ELEMENT UPDATE (GENERAL PLAN AMENDMENT
NO. 2013-550).
CMIDeStefano introduced this item to Council and then turned the
matter over to CDD/Gubman who presented staff's report.
CDDIGubman stated that tonight the City Council is being asked to
adopt the new Housing Element Update which would cover the
planning periods beginning in October 2013 through October 15,
JANUARY 21, 2014 PAGE 6
2021.
CITY COUNCIL
The Housing Element is part of the Diamond Bar General Plan and
each chapter of the General Plan is called an "Element." General
Plans can include a wide range of Elements. Within the seven (7)
mandatory Elements that all California General Plans must include
is the Housing Element and is also the only Element that has an
expiration date and must be submitted to the State of California for
review by the Department of Community Housing and Development
(HCD). The purpose of the Housing Element is to plan for the
City's projected housing needs and to make provisions for all socio-
economic segments of the population. The housing needs are
assessed at a regional level and the types of provisions the City
must make include zoning density, emergency shelter provisions,
reasonable accommodations for the disabled, etc. and are clearly
defined under State law.
Another major objective of the update process is to obtain
certification of the Housing Element from HCD which means that
HCD has determined that the City's Housing Element addresses
requirements of State law. Having a Certified Housing Element
gives the City a certain protection from legal challenges, particularly
involving land -use decisions, preserves the City's decision-making
authority, and makes the City eligible for certain grants and funding
that are only open to cities and counties with Certified Housing
Elements.
The current Housing Element planning cycle for cities and counties
within the SCAG region is officially termed the "fifth cycle" which
includes the previously referred to term from October 15, 2013 to
October 15, 2021. If the City does not adopt the Fifth Cycle
Housing Element by February 12, 2014 it will be placed on a four-
year Housing Element cycle, which would require an update about
2017. If adopted, the Housing Element would not be revisited until
2021.
CDDIGubman provided a chronology of Housing Element actions
and decisions that were made in the past: April 19, 2011 — the
Fourth Cycle Housing Element was adopted (2008-2013); Adoption
of the Reasonable Accommodations Ordinance setting forth a
process for relaxing certain zoning restrictions in residential districts
to accommodate disabled residents; update of the Density Bonus
Ordinance to comply with new State legislation; adoption of an
Ordinance to provide zoning allowance for Transitional and
Supportive Housing; adoption of an Emergency Shelter Ordinance,
and rezoned land to meet the City's Regional Housing Needs
Assessment (RHNA).
JANUARY 21, 2014 PAGE 7 CITY COUNCIL
The Fifth Cycle began on October 16, 2013. The lower-income
RHNA number the City has been allocated is 490 units. Because
the City already rezoned sufficient land at the Tres Hermanos site
adjacent to Diamond Ranch High School to accommodate 490
...... ......... ......... ......... ....... ...units and did so prior to the. e.x.p.i..ra.ton of..the. Fourth..Cycle, the .City .........
is not required to do any additional rezoning for the Fifth Cycle.
On November 26, 2013, the Planning Commission recommended
adoption of the Draft Fifth Cycle Housing Element. The Draft
Housing Element was submitted to HCD on November 13, 2013
and on January 19, 2014, staff received conditional certification
from HCD which will become final when the Resolution of Adoption
by the City Council is submitted and as previously stated, the
deadline for meeting the Fifth Cycle Housing Element option is
February 12, 2014.
The Housing Element is comprised of population and housing
trends, resources and constraints to fulfill the City's housing needs,
summary of prior accomplishments, and recap of how the City has
met its RHNA requirement. For the Fifth Cycle, the City is required
to make land available for 1156 Low and Very Low Income units
(30 per acre). The focus on Tres Hermanos was to create the High
Density zoning to meet the target number of 490 units to meet the
Fifth Cycle requirement. Because the City has satisfied the
housing program obligations, there are no obligations set forth for
the Fifth Cycle other than Certification of the Housing Element
Update.
During the Fourth Cycle several sites were proposed for meeting
the RHNA requirement including the Kmart site. HCD rejected the
Kmart site stating it foresaw too many milestones to be cleared to
ready the site for redevelopment to accommodate any reuse and
HCD would not let the City consider the Kmart site for potential
rezoning. However, HCD has said that for the Fifth Cycle they will
recognize the Kmart and the Light Industrial zoned properties in the
western property as potential for mixed-use development and/or
High Density Housing over time as part of a comprehensive
planning for the City and comprehensive updating of the City's
General Plan. When the Planning Commission recommended
adoption of the Housing Element it included in the resolution a
recommendation that the City embark on a comprehensive General
Plan update during the current Housing Element cycle.
During its outreach effort, staff made a commitment to the residents
surrounding the Tres Hermanos area that they would be updated
on matters related to the City's Housing Element and accordingly,
mailers were sent to residents within notification boundaries within
JANUARY 21, 2014 PAGE 8 CITY COUNCIL
the Tres Hermanos rezone area. In addition, staff posted the Draft
Housing Element on the City's website, made hard copies available
at City Hall and the Diamond Bar Library, published articles in the
City Newsletter during December 2013 and January 2014, televised
announcements on the City's cable access channel and submitted
press releases to media outlets.
The City Council is being asked to approve a Resolution adopting
the Housing Element and once certified by the State, revisit the
issue of the lower-income Housing Element requirement through a
comprehensive update to the City's General Plan (separate from
the resolution).
MPT/Tye asked for clarification of market rental rates and the
statement that "it is clear that very low and extremely low income
households have a difficult time finding housing without
overpaying".
CDDIGubman responded that "overpaying" is bureaucratic jargon
for paying more than 30 percent of their take home pay for rent.
M/Herrera opened the Public Hearing at 7:37 p.m.
Ginna Escobar, Council Member and resident of Pomona,
reiterated her concerns about the Housing Element Update and in
particular the Tres Hermanos land adjacent to Diamond Ranch
High School because she believes there are better sites available
to accommodate these units.
With no further testimony being offered, MlHerrera closed the
Public Hearing at 7:40 p.m.
C/Lyons moved, MlHerrera seconded, to Adopt Resolution No.
2014-04: Adopting the 2013-21 Housing Element Update (General
Plan Amendment No. 2013-550). Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka,
MPT/Tye, MlHerrera
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
7.2 ORDINANCE NO. 01(2014): AN ORDINANCE OF THE CITY
COUNCIL ESTABLISHING THE "C-3"-PD/HOTEL" OVERLAY
ZONING DISTRICT AND AMENDING THE OFFICIAL ZONING
MAP TO CHANGE THE ZONING DESIGNATION FROM "C-3: TO
"C-3-PD/HOTEL OVERLAY: ON THOSE PARCELS IN THE CITY
JANUARY 21, 2014 PAGE 9 CITY COUNCIL
OF DIAMOND BAR BOUNDED BY GRAND AVENUE, OLD BREA
CANYON ROAD AND CALIFORNIA STATE ROUTE 57160 (APNs
8719-020-001, 8719-020-006 and 8719-020-007).
.......... ... .. .. .... ....... ..... CMIDeStefano introduced... proposed Ordinance No. 01 (201A) and .......
turned the matter over to CDD/Gubman who presented staff's
report.
CDD/Gubman stated that rezoning of the Honda site is being
proposed to fulfill one of the City Council's adopted Goals &
Objectives that has been on the list since 2009.
The current budget document states that the City shall identify
specific development opportunities and develop Specific Plans to
revitalize Kmart and Honda property areas in ways that provide the
greatest net benefit to the community. If the property is rezoned in
accordance with the proposed C-3-PD/Hotel overlay, any future
reuse of the land would require a hotel to be the anchor use and
any secondary uses would be limited to those prescribed in the
Development Code for the C-3 District. If no redevelopment of the
physical properties were to take place, the underlying C-3
standards would prevail. Therefore, with the goal set forth to
identify development opportunities that would provide the greatest
net benefit to the community, staff focused on the fact that the goal
is stated as part of the economic development component of the
overall goals and objectives. The greatest net benefit to the
community would essentially be those uses that would provide the
greatest economic benefit to the community.
The Honda site literally and figuratively is set apart from the rest of
the City in its prominent location at the convergence of two
freeways that boasts the passing by of 300,000 vehicles per day.
In addition to this site being located to existing and future off -ramps,
there is tremendous opportunity to develop this site in ways that are
not possible elsewhere in the City such as more intense
development and taller buildings that through wise development
would benefit the community and property owner as well. For some
time staff has believed that a hotel is the highest and best use for
the site based on earlier studies, some of which would have
concluded that the hotel scenario would only be feasible if the
adjacent NFL Stadium project moved forward. As a result, the City
contracted with an economic firm that prepares market feasibility
analysis throughout the world and asked them to embark on a
focused study of various development opportunities and scenarios
for the site. Staff also learned through a more informal study of the
site that the development costs for a hotel may be such that
JANUARY 21, 2014 PAGE 10 CITY COUNCIL
secondary uses would need to be provided onsite to make the hotel
economically feasible.
There is still uncertainty about whether the NFL Stadium will come
to fruition. If not, the Industry Business Center. (IBC) project (4
million feet of office, warehouse and commercial uses) has been
entitled for the 592 acres surrounding the property. The third area
the study looked at was "status -quo". Because of the earlier
analysis of the site, staff identified in the scope of work that a hotel
would be studied explicitly. In addition, staff asked for an analysis
of the feasibility and benefit of an office component and a retail
component. The study also looked at the site capacity for floor
area and intensity. The conclusion of the study was that under any
development scenario, there is a demand for hotel rooms. The IBC
scenario would actually generate the highest hotel demand.
Another interesting finding -was that because of prevailing rents, this
development would actually result in having a negative impact on
the financial. feasibility for a developer to build on the site. So it is
not correct to say that a hotel needs to be subsidized by secondary
uses to be feasible and in fact, an office development is actually a
negative force in that pro forma analysis.
The final conclusion of the study is that from a strict revenue
standpoint, hotel only or with some supporting retail uses is the
highest and best use under any scenario. The IBC scenario is the
highest revenue generator for the City followed by the stadium
scenario. Even under the status quo a demand for 125 to 190
rooms would still exist on the site. Although the IBC is considered
to be the most ideal scenario, the study did not look at the City's
settlement agreement with Industry where the City would be
receiving a large lump sum upon development of the same with
annual payments tied to the number of events that might occur at
the stadium. The reality might be that the stadium is actually, in
combination with the hotel, the best scenario for the City. The
study showed that regardless of the scenario that a hotel is the
highest and best use. Based on that finding staff drafted the
ordinance and made rather conclusive findings that a hotel, as the
highest and best use, is supported by a rigorous technical
evaluation and is confident that an adoption of this ordinance with
that assertion is able to withstand challenge and that it would be in
the City's best interest to adopt the C-3-PD/Hotel Overlay zoning on
the Honda site.
ClLyons asked for confirmation that the hotel was viable under all
three scenarios which she received from CDDIGubman. ClLyons
asked about the occupancy rates and if there was a demand for the
hotels listed in the report.
JANUARY 21, 2014 PAGE 11 CITY COUNCIL
CDDIGubman explained that occupancies vary by the sub -regions
studied. The study looked at all of those factors and came to the
conclusion that in this part of the San Gabriel Valley Region there is
a shortfall of rooms that translates to what the demands set forth in
the various scenarios would be.
... ......
CMIDeStefano stated that in Diamond Bar, the Ayres Hotel across
the street from the AQMD facility has historically had the highest
occupancy. The Best Western Hotel behind the Kmart has
historically had the lowest occupancy. In terms of current
occupancy rates, staff does not have that information.
MlHerrera opened the Public Hearing at 7:58 p.m.
Resident Alex Tu, said he attended the Planning Commission
meeting in December and is familiar with this project. He took
issue with the information contained in the report and wanted to
know how a hotel would benefit the community. He wanted to be
sure that if the hotel is built it is a 5 star hotel because there are no
other 5 star hotels in the area.
With no further testimony being offered, MlHerrera closed the
Public Hearing at 8:02 p.m.
C/Lyons asked for an explanation of the benefits to Diamond Bar
that a hotel would provide.
CMIDeStefano responded that there are clear benefits to the City.
First, the City has the opportunity through the report and its findings
by a very well known and well-established firm which found that a
hotel is feasible on this property. This is not a look back on what
occurred during the depression of several years, it is a look forward
based on the growing economy, the needs in the area, the
business community, travelers, tourists, etc: The benefits include
revitalizing (redeveloping) an extremely blighted piece of property.
If Redevelopment was available this is the perfect case for a so-
called "Redevelopment Project Area". The area is captured at the
confluence of the SR571601Grand Avenue. Based on the report's
findings, the size of the hotel as well as, other uses on the property
which market conditions will drive, there could be up to 500 jobs
created on this property which creates collateral benefits to
Diamond Bar since folks will shop, eat, purchase gasoline, etc.
here.
Through Transient Occupancy Tax, of which Diamond Bar
presently requires 10 percent of the room night rate, depending on
the size of the hotel could generate from $600,000 to $1.4-$1.5
JANUARY 21, 2014 PAGE 12 CITY COUNCIL
million as the report has identified. The revenue that comes from a
project such as envisioned which does not require a lot of
resources from the City, benefits the community through the
prudent use of those facilities for everything else the City does
including public safety, parks and recreation, etc.
MPT/Tye said it was also important to consider that it might be
illogical to compare a national chain hotel to an Ayres Suite or a
Holiday Inn and if one was traveling between the Ontario Airport
and 605 Freeway toward LA there are a couple of options. With a
national chain hotel on the Honda site, Diamond Bar captures
travelers and visitors that it otherwise would not.
As to Mr. Tu's point about why put the overlay on the property,
MPT/Tye believed it was to take advantage of the highest and best
use whereas, a hospital or retail would not provide that benefit to
Diamond Bar. The opportunity is to capture $600,000 and $1
million in Transient Occupancy Tax and said he believes it makes
sense to take that action on this property.
MlHerrera moved, C/Lyons seconded, to Approve for First Reading,
by Title Only and Waive Full Reading of Ordinance No. 01(2014):
An Ordinance of the City Council Establishing the "C-3" — PD/Hotel"
Overlay Zoning District Amending the Official Zoning Map to
Change the Zoning Designation from "C-3" to "C-3-PD/Hotel
Overlay" on those parcels in the City of Diamond Bar bounded by
Grand Avenue, Old Brea Canyon Road, and California State Route
57160 (APNs 8719-020-001, 8719--020-006 and 8719-020-007).
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka,
MPT[Tye, MlHerrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8. COUNCIL CONSIDERATION:
8.1 ADOPT URGENCY ORDINANCE NO. 02(2014): REPEALING
CHAPTER 8.26 OF THE DIAMOND BAR MUNICIPAL CODE AND
PROHIBITING THE OPERATION AND ESTABLISHMENT OF
MEDICAL MARIJUANA DISPENSARIES.
CM/DeStefano stated that staff is asking the City Council to
consider adoption of an Urgency Ordinance that would prohibit the
operation and establishment of Medical Marijuana Dispensaries in
the City. Currently, the Code legally permits one use; however, that
Code may be in conflict with Federal law. The City does not
JANUARY 21, 2014 PAGE 13 CITY COUNCIL
currently have any Medical Marijuana Dispensaries operating in the
City. CMIDeStefano asked ATCMIMcLean to present staff's report.
ATCMIMcLean stated that in 1996 California voters approved
......... ......... ..... ...... Pro.posit on 21.5..which..declared...that .medical....marijuana....use would
no longer be a criminal act. Under these provisions, marijuana may
be grown and sold by individuals defined as primary care givers or
qualified patients, all provided that a doctor has issued a
recommendation to those parties. However, State law does not
expressly authorize retail Medical Marijuana Dispensaries like
those that have opened their doors throughout the State in the
wake of Proposition 215. Often, these facilities operate outside the
narrow use and sales provision that the State established in
Proposition 215. To further complicate matters, the use,
manufacture or sale of marijuana remains a federal crime. To
eliminate this conflict between state and federal law locally, and to
provide greater control over land use, it is recommended that the
City Council join many other local cities and the unincorporated
areas of Orange and Los Angeles Counties in restricting the
establishment of Medical Marijuana Dispensaries. The urgency
ordinance before the City Council this evening would fully prohibit
the establishment and operation of dispensaries in Diamond Bar for
a period of 45 days providing staff the time to prepare an ordinance
for adoption that would permanently prohibit them as a permitted
use under the Zoning Code. It should be noted that there are
currently no dispensaries in operation in Diamond Bar that would
be affected by this ordinance.
Council's legislative subcommittee also reviewed this matter and
concurred with staffs recommendation to forward the matter to the
City Council tonight for adoption. As such, it is recommended that
the City Council adopt the Urgency Ordinance as presented.
C/Chang moved, ClTanaka seconded, to Adopt Urgency Ordinance
No. 02(2014): Repealing Chapter 8.26 of the Diamond Bar
Municipal Code and Prohibiting the Operation and Establishment of
Medical Marijuana Dispensaries. Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka,
MPT/Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
JANUARY 21, 2014 PAGE 14 CITY COUNCIL
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTSICOUNCIL MEMBER COMMENTS:
C/Tanaka wished everyone a Happy New Year and hoped that everyone
enjoyed the holiday season. During the month of December he helped
decorate the Lyons Club International Rose Parade float which won a
special trophy for Exceptional Merit. The float's theme was "Matteo's
Dream" depicting a city playground built for disabled children in Concord,
California. On December 31 he attended the Diamond Bar Seniors New
Year's Eve Dinner Dance with 60 participants. On January 10 he
attended the ribbon -cutting for Chase Bank in the Super H Mart Shoppingq
Center. On January 15 he attended the Diamond Bar Woman's Club 50t
Anniversary Luncheon and a reception for the new Walnut Valley Unified
School District Superintendent Dr. Robert Taylor. On January 16 he
attended the LA County Fair Community Committee meeting with the
Diamond Bar Day at the Fair Committee that was well represented. On
January 18 he attended the Winter Snowfest and thanked CSD/Rose and
staff for a wonderful event. This afternoon he attended a luncheon for
ACM/Doyle whom he thanked for his hard work on behalf of the City.
Congratulations and best wishes to David Doyle in his new position.
Happy Chinese New Year, the Year of the Horse.
C/Chang reminded everyone to follow her on Facebook, Twitter and
Foursquare. She wished everyone a Happy New Year. She attended
Senator Huff's open house during which he provided a couple of updates
and where she was introduced to other council members and elected
officials from other cities and learned about their issues.
She officiated the League of California Cities meeting on January 2 which
was attended by about 60 members who heard discussions about
economic development in 2014.
MlHerrera, MPT/Tye, CMIDeStefano and she attended a California
Contract Cities Association Legislative Tour in Sacramento and received
updates from legislators during the first week of the session.
All City Council Members attended the Friends of the Library Volunteer
Appreciation Dinner. The Friends are truly amazing people. The group
has grown significantly and she was very impressed with what the
organization has accomplished over the years.
She and MlHerrera are part of the Legislative Committee that considered
the Urgency Ordinance passed this evening under Council Consideration.
ClChang reported that she and Councilmembers Lyons and Tanaka
attended the Diamond Bar Woman's 50th Year Anniversary Celebration
and that she was unaware that the group had existed for 50 years. It was
JANUARY 21, 2014 PAGE 15 CITY COUNCIL
an interesting evening of stories about what happened in Diamond Bar 50
years ago.
All Council Members attended the Winter Snowfest. That morning she
.... ......was...concern.ed a.bout..whethe.r there would_ be any snow left given how
warm it was the day prior — almost 90 degrees! She thanked staff for the
well planned and attended event.
She thanked and congratulated ACM/Doyle and told him that Alisa Viejo is
very lucky to have him. She happened to visit with one of the council
members from Alisa Viejo who asked her about ACM/Doyle and she
provided him with excellent commentary.
She congratulated and thanked Tony Torng and wished him well on the
Walnut Valley School District Board.
C/Lyons acknowledged she attended several events that her colleagues
spoke about. She said she was fortunate to attend the first Economic
Development meeting of the New Year with M/Herrera and staff and is
very grateful to have been appointed to that subcommittee which she finds
very interesting.
She was scheduled to attend the first San Gabriel Valley Council of
Governments but the meeting was canceled due to the Glendora fire. The
meeting will be rescheduled at a later date.
C/Lyons expressed her appreciation to staff for the Snowfest which was
great.
She stated that she is grateful for the presentations by CDD/Gubman who
put in p lot of work and provided a lot of detail which is greatly
.appreciated. ClLyons said she would be making commission
appointments and invited interested parties to contact CC/Cribbins for
information and applications. ClLyons reiterated that ACM/Doyle would
be missed.
MPT/Tye said that as the City's representative and President of Contract
Cities Association, he and other Council Members and staff spent time in
Sacramento lobbying on behalf of the City and making certain that the
folks who serve in the Assembly and State Senate remember where they
came from. It is always good to see Senator Huff and Assemblyman
Hagman who we know are always with the City. However, it is important
to remind them that the City is focused on public safety, redevelopment
and its next iteration as well as, water issues in the State. The Snowfest
(slushfest) was a blast. Good luck and Godspeed to ACM/Doyle -- Aliso
Viejo is lucky to have him.
JANUARY 21, 2014 PAGE 18 CITY COUNCIL
M/Herrera spoke about Contract Cities and the visit to Sacramento to
lobby for money for cities. The Snowfest was a fabulous success and it
seemed to her there were more in attendance this year than in prior years.
90 tons of snow does not magically appear and it is thanks to RS/Murphey
and C.SC/Tarazon and their crew for arriving at 4:04 a.m. to make sure the
snow was properly poured at the site. M/Herrera thanked ACM/Doyle for
staying for the entire meeting. She thought he might slip out but was glad
that he stayed. Diamond Bar will most assuredly miss ACM/Doyle!
In the past, Diamond Bar residents have expressed concerns about
residential burglaries which have been a problem. Diamond Bar is a very
nice City with nice homes and is intersected by major freeways, which
makes it a relatively easy target for thieves. A lot of people are out of
work and are out looking for nice belongings like those enjoyed by
Diamond Bar residents. Diamond Bar has an outstanding Sheriffs
Department that is on alert and watching out for its residents. Two
burglaries occurred in December during separate routine vehicle stops,
Deputies Villasenor and Thorn both apprehended suspects when they
observed burglary tools and possible stolen items in the vehicles. The
Sheriff's Department, deputies, fireman and all public safety individuals do
a great job and are so very important to Diamond Bar.
ADJOURNMENT: With no further business to conduct, MI/Herrera
adjourned the Regular City Council Meeting at 8.23 p.m. in memory of Public
Works Director David Liu's Father Yu Liu, and Dr. Jeffery Lowe, local
Chiropractor and President of the Diamond Bar/Walnut Sheriff's Booster Club.
TOMMY CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this 4:th day of February ,
2014.
CAROL HERRERA, MAYOR