Loading...
HomeMy WebLinkAbout020519 - Minutes - Special MeetingMINUTES OF THE CITY COUNCIL SPECIAL MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 5, 2019 CLOSED SESSION: 5:00 P.M., Room CC -8 Council Present: Chou, Lyons, MPTITye, M/Herrera. C/Low was absent. Public Comments: Judy Zulfiqar, representing San Gabriel Valley Water and Power, LLC submitted and read a letter of opposition to the City Council. Closed Session Pursuant to Government Code Section 54956.9(d)(1) Conference with legal counsel — existing litigation City of Diamond Bar v. City of Industry, et al Los'Angeles Superior Court Case No. BS173224 City of Diamond Bar v. City of Industry, et al Los Angeles Superior Court Case No. BS171295 City of Diamond Bar v. Oversight Board of the Successor Agency To the Industry Urban -Development Agency, et al, Sacramento superior Court Case No. 34-2017-8000027 17-CY-WMGDS Closed Session Pursuant to Government Code Section 54956.9(d)(2) Conference with legal counsel — anticipated litigation (one case) CAIDeBerry stated there was no reportable action from the Closed Session. CALL TO ORDER: Mayor Herrera called the Special City Council meeting to order at 5:44 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21565 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Herrera led the pledge of Allegiance. ROLL CALL: Council Members Chou, Low, Lyons, Mayor Pro Tem Tye, and Mayor Herrera Staff Present: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; David DeBerry, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Ryan Wright, Parks and Recreation Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director, Anthony Santos, Assistant to the City Manager; Cecilia Areflano, Public Information Coordinator; and, Tommye Cribbins, City Clerk. FEBRUARY 5, 2019 PAGE 2 SPECIAL CITY COUNCIL 1. PUBLIC COMMENTS: Gregg Fritchle, Walnut, said he and the majority of residents with whom he has spoken feel very strongly that whatever decision the City makes in regard to taking ownership of the portion of land within Diamond Bar needs to be protected and kept native and open space, and not developed for retail or residential or any other purpose. Robin Smith, Diamond Bar, echoed Mr. Fritchle's comments about Tres Hermanos. The property is presently zoned as a Planning Area in the 2014 Housing Element and wondered if the zoning would be changed to an Open Space designation if the agreement is adopted this evening. RESPONSE TO PUBLIC COMMENTS: None. 2. COUNCIL CONSIDERATION: CILow indicated she has a conflict with respect to this item and therefore recused herself from consideration of Item 2.1 and left the meeting. 2.1 CONSIDERATION OF A SETTLEMENT AGREEMENT WITH THE CITY OF CHINO HILLS AND THE CITY OF INDUSTRY REGARDING TRES HERMANOS RANCH; APPROVING AN AMENDED AND RESTATED TRES HERMANOS CONSERVATION AUTHORITY JOINT POWERS AGREEMENT; AND, APPOINTING REPRESENTATIVES TO SERVE AS DIRECTORS AND ALTERNATE ON THE BOARD OF DIRECTORS OF THE TRES HERMANOS CONSERVATION AUTHORITY, A. Adopt Resolution No. 2019-02 approving and authorizing the City Manager to execute the Settlement Agreement and the Amended and Restated Tres Hermanos Conservation Authority Joint Powers Agreement ("Tres Hermanos JPA") with the City of Chino Hills and the City of Industry regarding Tres Hermanos Ranch and, finding that approval of Resolution No. 2019-02 is categorically exempt from the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, Sections 15325(a) and 15301. B. Authorize the City Manager to take other actions necessary to implement the Settlement Agreement and the Tres Hermanos JPA; C. Appropriate $1,205,033 from the General Fund for Diamond Bar's contribution to the purchase of Tres Hermanos Ranch, if such purchase is approved by the newly constituted Tres Hermanos Conservation Authority ("Authority"); and, FEBRUARY 5, 2019 PAGE 3 ' SPECIAL CITY COUNCIL D. Appoint Mayor Carol Herrera and Mayor Pro Tem Steve Tye as the Diamond Bar Directors, and Council Member Nancy Lyons as the Diamond Bar Alternate' Director, to serve on the Authority's Board of Directors. CM/Fox stated that the item before Council this evening for consideration is a proposed Settlement Agreement related to the outstanding litigation that Diamond Bar and Chino Hills has with the City of Industry regarding Tres Hermanos Ranch. In October 2017 the City filed litigation for the Oversight Board of Industry approval of the transfer of Tres Hermanos from the Industry Successor Agency to the City of Industry, and related to the Master Lease as well as, the intentions to what the City believed was going to be the development of a solar farm on the Tres Hermanos Ranch property. The proposed settlement before the Council offers a tremendous opportunity to preserve Tres Hermanos for Open Space for decades to come. The settlement provides that the City of Industry will acquire the property from the Successor Agency as originally approved by the Oversight Board for $41,650,000. The City of Industry will then transfer the property to the Tres Hermanos Conservation Authority. The Tres Hermanos Conservation Authority currently exists between the Cities of Diamond Bar and Chino Hills, with the City of Industry as an Ex -Officio Member. As part of the Settlement Agreement, the Joint Powers Authority will be amended to provide full voting rights to the City of Industry, and have a seven -member board with three members from the City of Industry, two from Chino Hills and two from Diamond Bar. Diamond Bar will have a seat at the table and will be able to participate in determining future uses of Tres Hermanos through the Joint Powers Authority (JPA) which is a separate public entity governed by the public meeting laws of California. Once that transfer occurs, the City of Diamond Bar will be contributing about $1.2 million toward the purchase price and Chino Hills will contribute approximately $3 million, the sum total of which equals 10 percent of the $41.6 million purchase. The three cities will share the property maintenance cost through the Authority. The property transfer also includes the Deed Restriction to ensure that Open Space/Public Use and Preservation continues to remain on the property. The Council has been presented with a complete set of legal documents related to the Settlement Agreement, -the Joint Powers Agreement as well as, the Purchase and Sale Agreement. Both Chino Hills and the City of Industry are also considering similar items on their agendas at this time. Prior to Council vote on these items, M/Herrera asked for additional public comment. There were no additional comments offered. MPT/Tye moved, C/Lyons seconded, to Adopt Resolution No. 2019-02 approving and authorizing the City Manager to execute the Settlement FEBRUARY 5, 2019 PAGE 4 SPECIAL CITY COUNCIL Agreement and the Amended and Restated Tres Hermanos Conservation Authority Joint Powers Agreement ("Tres Hermanos JPA") with the City of Chino Hills and the City of Industry regarding Tres Hermanos Ranch; and, finding that adoption of Resolution No. 2019-02 is categorically exempt from the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, Sections 15325(a) and 15301. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSTAINED. COUNCIL MEMBERS: Low C/Chou moved, C/Lyons seconded, to authorize the City Manager to take other actions necessary to implement the Settlement Agreement and the Tres Hermanos JPA. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Low MPT/Tye moved, C/Chou seconded, to appropriate $1,205,033 from the General Fund for Diamond Bar's contribution to the purchase of Tres Hermanos Ranch, if such purchase is approved by the newly constituted Tres Hermanos Conservation Authority ("Authority"). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Low ClLyons moved, C/Chou seconded, to appoint Mayor Carol Herrera and Mayor Pro Tem Steve Tye as the Diamond Bar Directors, and Council Member Nancy Lyons as the Diamond Bar Alternate Director, to serve on the Authority's Board of Directors. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAINED COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS Chou, Lyons, MPT/Tye, M/Herrera None Low FEBRUARY 5, 2019 PAGE 5 SPECIAL CITY COUNCIL ADJOURNMENT: With no further business to conduct, M{Herrera adjourned the Special City Council Meeting to the Regular City Council meeting at 5.59 p.m. TOMMYE C IBBINS, CITY CLERK The foregoing minutes are hereby approved this 19th I ('a 9"111 CAROL HERRERA, MAYOR day of Febrtary___, 2019.