HomeMy WebLinkAbout01/06/2015 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JANUARY 6, 2015
CALL TO ORDER: Mayor Tye 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: Jimmy Lin led the Pledge of Allegiance.
INVOCATION: Monsignor James Loughnane, St. Denis
Catholic Church, gave the invocation.
ROLL CALL: Council Members Herrera, Tanaka, Mayor Pro
Tern Lyons, Mayor Tye.
Staff Present: James DeStefano, City Manager; David
DeBerry, City Attorney; Ryan McLean, Deputy City Manager; Ken Desforges, IS
Director; David Liu, Public Works Director; Bob Rose, Community Services
Director; Dianna Honeywell, Finance Director; Grace Lee, Sr. Planner; Kimberly
Young, Senior Civil Engineer; Marsha Roa, Public Information Manager;
Anthony Santos, Management Analyst; Cecilia Arellano, Public Information
Coordinator; Alfa Lopez, Management Analyst, and Tommye Cribbins, City Clerk.
M/Tye announced that during last night's Adjourned Regular Meeting, the City
Council interviewed 12 candidates for the vacated City Council seat upon Ling -
Ling Chang's election to the State Assembly. Upon conclusion of deliberation
and Council concurrence to appoint a City Council Member, Jimmy Lin was
nominated and appointed to serve the remainder of the term until November
2017 and was given the Oath of Office by CC/Cribbins.
MPT/Tye introduced newly appointed Council Member Jimmy Lin.
C/Lin said he was overwhelmed to have been appointed to fill the City Council
vacancy. He thanked the citizens and the City Council for giving him the
privilege to serve the City. He has lived in many places throughout the world and
has visited more than 60 countries. When he visited Diamond Bar he knew this
is where he wanted to retire. Diamond Bar is a very livable City and he has
devoted eight years as a volunteer on the Traffic and Transportation Commission
and the Planning Commission. He pledges to give his all to sustaining and
enhancing the quality of life in Diamond Bar.
C/Lin then took his seat on the dais.
APPROVAL OF AGENDA: Approved with the removal of Item 8.1.
1 SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
None.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
January 6, 2015 PAGE 2 CITY COUNCIL
3.
PUBLIC COMMENTS:
Debbie Avila-Moft invited the community to the Diamond Bar Women's
Club's 1920's Casino Night at the Diamond Bar Golf Course on February
6, 2015 from 6:30 to 11:00 p.m. Tickets are $50 per person which
includes dinner, $50 worth of chips, a complimentary glass of wine and
photos.
Ben Wong, Public Affairs Regional Manager, Southern California Edison,
said he would be an interim replacement for retiring Manager Rick Meza.
He also provided Council with copies of his resume and business cards.
Grace Lim -Hays spoke on behalf of herself and her neighbor Edda
Dandrige representing Hampton Court HOA and thanked the City for
putting up signage regarding the continuing issue of trucks entering
Washington Street and getting trapped at the end of the cul-de-sac.
Unfortunately, during the New Year's weekend a truck was trapped in the
cul-de-sac and that a gentleman who was visiting on Hampton Court and
was himself a truck driver coached the truck out of the area. Even though
the sign says "no trucks" she believes trucks enter the area believing they
can gain access to Baker's Parkway. She suggested the sign should read
"No Baker Parkway Access" from Washington Street.
Ms. Lim -Hays also stated that they are concerned about the massive
amount of grading in their neighborhood on the City of Industry side.
Although there is a sound blanket on the east side there is no provision on
the west side near their neighborhood and it is very noisy and hundreds of
rabbits and mice have invaded the area. She asked if Diamond Bar could
provide assistance with the rodent infestation, noise and dust.
Pui-Ching Ho, Diamond Bar Library
visit the library for a puppet show on
and the Buster Balloon event on &
learn more about the library and
www.colapublib.org
invited children and their families to
Wednesday, January 14 at 4:00 p.m.
iturday, January 17 at 2:00 p.m. To
its programs visit the webpage at
Carolyn Anderson asked residents to attempt to find another home for
their bulky items by listing them on www.freecycle.com or contact Habitat
for Humanity's Restore, Salvation Army, etc. and after all efforts for
recycling have failed, call Waste Management for collection at 1-800-266-
7551 to schedule a pickup which is a free service to residents four times a
year.
4. RESPONSE TO PUBLIC COMMENTS:
CM/DeStefano responded to residents of the Hampton Court HOA that he
would ask PWD/Liu to work with Grace and Edda by looking into their
January 6, 2015 PAGE 3 CITY COUNCIL
suggestion to determine whether it is appropriate with respect to signage
on public roadways and to look at other options to keep truckers off of
Washington Street. With respect to grading near the neighborhood, the
City of Industry has commenced a year and one-half long grading
operation on top of the hill adjacent to the Hampton Court condominium
complex and residences off of Lycoming, Washington Street and streets in
between. The City of Industry sent a letter to all of the neighborhoods
adjacent to the grading project late Novemberlearly December 2014 that
detailed the type of work that would be done, the hours of operation and
that the work was being done for one of two projects, either a stadium
anchor project or an office, industrial and retail project. Both projects were
approved by the City of Industry and commented upon by the City of
Diamond Bar several years ago. Reference was made to one of the
Environmental Mitigation Measures that incorporates the use of "sound
blankets" adjacent to some of the residential properties in order to deal
with noise but primarily to deal with dust. Those sound blankets were not
located near the Hampton Court condominiums because they are several
feet (100 or more) below the top of the hill where the grading operation is
taking place. Sound blankets were required on the other side of Grand
Avenue closer to Neil Armstrong Elementary School and adjacent
neighborhoods because some of the grading in that area of the project is
immediately adjacent to, if not at the same elevation (grade level) as the
nearby residential properties. With respect to rodent control there are
provisions built into large grading operations to deal with rodent control but
as the speaker said the project that took place about 15 years ago did
create concerns addressed by the residents. Diamond Bar will contact the
City of Industry and ask them to look into those issues and staff will follow
up with the City of Industry to see whether there is anything that can be
done to help with those issues because rodents and animals do move to
seek shelter away from the site where noise, vibration, etc. is taking place.
M/Tye asked if instead of signs on Washington Street the City could
consider traffic calming measures (shoulders extending out) similar to
what was done in the Rock River area.
CM/DeStefano responded that devices such as chicane's can be
considered. This would be similar to what was done on Sunset Crossing
many years ago where a very wide street like Washington which lies
within a residential neighborhood was narrowed down through the
installation of a median and other techniques to make it less attractive for
the wrong types of vehicles to be driven through the area.
January 6, 2015 PAGE 4 CITY COUNCIL
5. SCHEDULE OF FUTURE EVENTS:
5.1 Traffic and Transportation Commission Meeting — January 8, 2015 -
7:00 p.m., Windmill Community Room, 21810 Copley Drive.
5.2 Planning Commission Meeting — January 13, 2015 — 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive (Canceled).
5.3 Winter Snow Fest — January 17, 2015 — 9:00 a.m. to 3:00 p.m.,
Pantera Park, 738 Pantera Drive.
5.4 City Council Meeting — January 20, 2015 — 6:30 p.m.,
SCAQMD/Government Center, 21865 Copley Drive.
6. CONSENT CALENDAR: MPT/Lyons moved, C/Herrera seconded, to
approve the Consent Calendar as presented, with C/Lin abstaining from
voting on Item 6.1 and with both MPT/Lyons and M/Tye recusing
themselves from consideration of Item 6.8. Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Lin, Tanaka, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
61 APPROVED CITY COUNCIL MINUTES — Regular Meeting of
December 16, 2014.
6.2 RATIFIED CHECK REGISTER — Dated December 11, 2014
through December 31, 2014 totaling $1,726,352.29.
6.3 APPROVED TREASURER'S STATEMENT for November 2014.
6.4 APPROVED FOR SECOND READING AND ADOPTED
ORDINANCE NO. 01(2015): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING
SECTION 12.00.240 RELATING TO PARKING OF MOTOR
VEHICLES IN CITY PARKS.
6.5 EXONERATED SURETY BOND NO. CMS -244886: TO
COMPLETE GRADING IMPROVEMENTS AT 20405 WALNUT
DRIVE (RESTAURANT DEPOT).
6.6 REDUCED 55.6% OF SURETY BOND NO. 929590937 TO
COMPLETE IN -TRACT STREET IMPROVEMENTS FOR TRACT
MAP NO. 72295 - (WILLOW HEIGHTS LOCATED AT THE
SOUTHEAST CORNER OF DIAMOND BAR BOULEVARD AND
BREA CANYON ROAD).
January 6, 2015 PAGE 5 CITY COUNCIL
6.7 AWARDED PROFESSIONAL CONSULTING SERVICES
CONTRACT FOR PAVEMENT MANAGEMENT SYSTEM (PMS)
UPDATE TO NICHOLS CONSULTING ENGINEERS (NCE) IN
THE AMOUNT OF $43,000 AND AUTHORIZED A CONTINGENCY
AMOUNT OF $4,000 FOR CHANGE ORDERS TO BE APPROVED
BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION
AMOUNT OF $47,000.
6.8 ADOPT RESOLUTION NO. 2015-01: APPROVING FINAL TRACT
MAP NO. 72351, FOR THE SUBDIVISION OF AIR SPACE FOR A
19 -UNIT OFFICE CONDOMINIUM, LOCATED AT 660 NORTH
DIAMOND BAR BOULEVARD.
7. PUBLIC HEARING:
7.1 ORDINANCE NO. 02(2015): INTERIM ORDINANCE OF THE
CITY OF DIAMOND BAR PURSUANT TO GOVERNMENT CODE
SECTION 65858 TEMPORARILY PROHIBITING THE
ESTABLISHMENT, EXPANSION OR RELOCATION OF
MASSAGE ESTABLISHMENTS CITYWIDE AND DECLARING
THE URGENCY THEREOF.
CM/DeStefano introduced this item and stated that this ordinance, if
approved, would temporarily prohibit the establishment, expansion
or relocation of massage establishments citywide and by adoption,
the City Council is declaring the urgency thereof for this action. He
introduced SP/Lee to provide staff's report.
SP/Lee stated that this agenda item is an Interim Urgency
Ordinance to temporarily prohibit massage establishments citywide.
The Interim Ordinance is a 45 -day moratorium on issuing land use
permits and business license for the establishment, expansion or
relocation of massage establishments citywide until staff
researches and drafts new regulations that are consistent with
current State Law for the City Council's adoption.
In 2008 the Governor signed SB731, the purpose of which was to
professionalize the massage industry by creating uniform standards
for massage practitioners and therapists. In 2010 AB619 modified
SB731 which clarified the vague language in SB731. SB731 and
AB619 established a voluntary certification process and created a
new non-profit corporation called the California Massage Therapy
Council (CMTC) to administer the certification process. Under
specified circumstances these laws pre-empted cities and counties
from imposing many of their land use controls in regulating
massage establishments. It severely limited the manner in which
cities could regulate massage businesses.
January 6, 2015 PAGE 6 CITY COUNCIL
With the passage of SB731 and AB619 there have been significant
statewide increases in the number of massage establishments.
The number of massage establishments here in Diamond Bar
increased from four to fifteen (an almost 300 percent increase) and
at least seven massage establishments were permitted to open
simply on the basis that the owners and/or massage technicians
were CMTC certified. Within the dramatic increase in massage
establishments, the number of elicit businesses have also
increased in many cities. In September 2014 AB1 147 was passed
and it replaces SB731 and AB619 in its entirety and restores
significant local land use authority and mandates significant reforms
to the CMTC Board. AB1 147 went into effect on January 1, 2015.
The Ordinance being presented tonight places a moratorium on all
massage establishments until new regulations are prepared. It will
allow staff to study and draft the new regulations to the City's
Municipal Code that is consistent with AB1147. Staff has begun
research and is currently looking at new zoning and conditional use
permit requirements, minimum distance requirements from schools
and other sensitive uses, and regulating through inspections. Staff
requests that the City Council adopt Interim Urgency Ordinance No.
02 (2015) which temporarily prohibits the establishment, expansion
or relocation of massage establishments citywide.
MPT/Lyons said she believed that there would be no change for
established businesses at this point.
SP/Lee responded that MPT/Lyons was correct as long as the
establishment was not expanding.
C/Lin said that he believed the law provided up to a 10 -month and
15 day moratorium and asked what would happen if staff was
unable to come up with a new ordinance in 45 days.
CM/DeStefano explained that the Government Code has a process
for an interim ordinance as staff is suggesting for Council's
approval tonight. The first step is a 45 -day term for such an
ordinance and by the end of that 45 days, if staff needs more time
which is likely, staff may come back to the City Council to ask for an
additional 10 months and 15 days which brings the matter to a full
year should Council approve that extension. There is also a final
extension authorized by the Government Code, should the Council
agree, for an additional year for a total two-year moratorium
process that can be undertaken to allow for this type of research
and development of a new code provision. Council has utilized this
process over the years for various items for which the City needed
to gain a bit more control over. The City cannot move forward with
January 6, 2015 PAGE 7 CITY COUNCIL
an additional amount of time tonight because the State Government
Code does not allow for it.
M/Tye opened the Public Hearing.
With no one present who wished to speak on this matter, M/Tye
closed the Public Hearing.
C/Herrera moved, C/Tanaka seconded, to adopt Ordinance No.
02(2015): Interim Ordinance of the City of Diamond Bar Pursuant
to Government Code Section 65858, temporarily prohibiting the
establishment, expansion or relocation of massage establishments
citywide and declaring the Urgency thereof. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Lin, Tanaka, MPT/Lyons
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTSICOUNCIL MEMBER COMMENTS:
C/Lin said he was very happy to be seated on the City Council and
thanked his colleagues for their vote of confidence.
C/Tanaka wished everyone a Happy 2015. On December 18 he attended
the City Staff Holiday Luncheon; Sunday, December 21 he attended the
Sunshine Seniors Christmas Party and on December 23 he received an
update and tour of the Lighting and Landscape Districts No. 39 and 41
and thanked CSDIRose and PWDILiu for their outstanding presentations.
On December 31 he joined the Diamond Bar Seniors at Heritage Park for
their New Year's Eve Celebration. He thanked the I I applicants who took
time to apply and participate in the interview process for the vacant City
Council position and congratulated C/Lin on his appointment.
C/Herrera welcomed newest Council Member Jimmy Lin. It was quite a
four-hour process last night interviewing 11 applicants who were very
impressive. The high-caliber and educational levels of the applicants was
inspiring and all had many skills and talents to offer. Invariably, one
candidate rises to the top for various reasons and Jimmy Lin was that
person for which she was very pleased. She wished everyone a Happy
New Year.
MPTILyons said it was a very long evening yesterday spent reviewing the
applications and learning of the qualifications of the 11 applicants. All
were very good but at the end of the day in terms of experience on
January 6, 2015 PAGE 8 CITY COUNCIL
Commissions, Jimmy Lin stood out and she and her colleagues look
forward to working with him. It was her great pleasure to be able to
purchase gasoline at the Shell Station at the north end of town twice in the
last couple of weeks. Even though she lives several miles from the station
she was so happy it was open she traveled those miles to take advantage.
She encouraged residents to attend the Snow Fest.
M/Tye welcomed Council Member Jimmy Lin and thanked him for his
years of service on the Planning Commission and Traffic and
Transportation Commission. He and his colleagues look forward to
serving with C/Lin on the City Council. C/Lin's appointment opens a
position on the Planning Commission and he asked CC/Cribbins to
advertise the opening. In addition, with David DeMers being promoted to
a position in Sacramento there are two positions now open on the Wildlife
Corridor Conservation Authority Advisory Committee for those who are
interested. The City Council interviewed 11 people yesterday who are
perfectly capable of these three positions and asked for their consideration
in taking advantage of their willingness to serve. He wished everyone a
Happy New Year.
ADJOURNMENT: With no further business to conduct, M/Tye adjourned
the City Council Meeting at 7:18 p.m.
TOMMYE/CRI-E&l4S, dITY CLERK
The foregoing minutes are hereby approved this 2ot day of January
2015.
q)�V'
STEVE WE, MAYOq