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HomeMy WebLinkAbout3/6/2007 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MARCH 6, 2007 STUDY SESSION: M/Tye called the Study Session to order at 5.34 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Chang, Everett, Herrera, MPT/Tanaka and Mayor Tye. Also Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Nancy Fong, Community Development Director; Ryan McLean, Senior Management Analyst; Kimberly Molina, Assistant Engineer; Alfredo Estevez, IS Technician, and Tommye Cribbins, City Clerk. ► UPDATE REGARDING STATE ROUTE 57/60 LONG TERM CONGESTION RELIEF STRATEGY. CM/DeStefano stated that tonight's report was an update and prelude to asking the City Council to take action to engage consultants to work with the City on short and long term congestion relief strategies for SR 57/60. PWD/Liu reported that the SR57/60 interchange is both a local and regional problem. D.B. has made the interchange the City's focus for achieving its regional transportation agenda and goals. Due to the City's geographical location and what is at stake for the City's future, staff's view is that D.B. must make every effort to ensure that decisions made by others work for and not against the interests of the City, its businesses and residences. Steve Brown, Sasaki & Associates stated that while the HOV Project is a good project and an incremental step it has not solved all of the congestion issues. Several projects are pending: 1) Grade Separation Project on Brea Canyon, 2) Concept of adding ramps to the Lemon Ave. Interchange, 3) Grand Avenue Interchange Reconstruction and Upgrade, 4) potential redevelopment of the golf course project and, 5) ongoing project development activities in the Industry Business Center. Each of these projects has been looked at on its own merit. However, no one has stepped back to look at the entire area in a comprehensive manner. The Grand/Lemon Ave. Interchange Projects are moving forward concurrently and are slated to be completed about 2011. The HOV Project is completed. There is an ongoing MTA Goods Movement Study looking at freight movement throughout the area and region. MTA is also looking at physical options for the SR57/60 area and the City would piggyback on what MTA is doing to look at how their projects would or would not solve traffic issues. The Grade Separation Project is scheduled for completion next year. MARCH 6, 2007 PAGE 2 CC STUDY SESSION Mr. Brown reiterated that during the Study Session of November 21, 2006, Council directed staff to come back with a strategy to address the following three items: 1) evaluate the performance of the long-term congestion relief and local access options, 2) develop a phasing scenario that gives confidence to the City and public with respect to the fit of all pieces, and 3) begin to undertake a public outreach program to inform residents and businesses about what is going on. Mr. Brown stated that a key part of the strategy is developing a better analysis tool with respect to D.B.'s interest as it relates to the golf course, circulation along the freeway and in the City in general. He presented a simulation of the conditions and discussed possible mitigation considerations. He suggested that staff should conduct an analysis of the golf course property to determine access and impacts; test a combination of Grand, Lemon and other freeway -related improvements to make sure that they meet the City's needs; partner with local agencies in developing a suitable freeway system that leverages State and Federal monies to the best extent possible; maximize developer contributions and determine equity between the agencies that are participating in the process; develop a public outreach program for the Grand/Lemon Project that takes advantage of existing opportunities such as web pages, website, TV and so forth; look at the ultimate freeway solution; look at detailed traffic plans for the construction of Lemon and Grand to minimize impacts; and continue public outreach during real time. Mr. Brown explained that it takes years to develop projects and projects need to be ready when funding becomes available. If the City is not prepared and their projects are not defined they will not be funded. Long term, the City needs to define the ultimate vision for the SR57/60 area, continue developing funding mechanisms for the long-term vision, seek outside funding and record the City's interest as individual freeway projects are constructed. Mr. Brown stated that the bottom line cost for 2006/2007 - $37,000; for 2007/2008 - $57,000 and for 2008/2009 - $70,000 and subsequent years. PUBLIC COMMENTS: Gary Neely stated that the Caltrans' Project to add HOV lanes onto the SR60 from the SR57 through to SR605 is scheduled to commence in the Spring. MTA is involved in the middle of the Fall projects and if there is a project the City wants to move forward with, it may not want to wait. ► UPDATE REGARDING PROPOSED AERA ENERGY DEVELOPMENT PROJECT. MARCH 6, 2007 PAGE 3 CC STUDY SESSION CM/DeStefano stated that Aera Energy is interested in developing the acreage between the incorporated cities of D.B. and Brea with a project that included a portion that came before the City Council on December 19, 2006. On that date the City Council approved the pre -annexation agreement, which set forth a process by which the Council would begin to look at the development opportunities within the area and opportunities that might ultimately benefit the City of D.B. Since that date, the City has been working with Aera and George Basey on the environmental documentation that the City needs. Accordingly, the City has employed under the City Manager's authority, Brad Bullard, as a project manager. Staff is finalizing negotiations with the environmental consultant and plan to bring an environmental impact report -writing consultant, experts that will assist the City in reviewing and packaging the information. Staff is working with Los Angeles and Orange counties to determine who will maintain the lead status in the production of documents and the environmental impact report -writing process as well as, public review and decision-making of the document. CM/DeStefano said he presented the project to WCCA on January 31 and Rowland Heights Coordinating Council on February 6 as it was presented to D.B. CM/DeStefano explained that this is not a public hearing, only a public meeting. In accordance with Council's direction the Council Members are admonished to limit their questions and comments because this is a matter that will come before the Council later in 2007. George Basey stated that the proposed project area contains almost 3000 acres. Property west of the freeway and north of the County boundary lies within the community plan area of the unincorporated community of Rowland Heights. D.B. lies to the north and east of the project. A portion of the property including 300 acres on the east side of the freeway lies within D.B.'s sphere of influence. He used overhead maps to outline the property and the cities it touches. Oil operations on the site date to the late 1800's and there has been cattle grazing even longer. He displayed a series of graphics showing the existing topography and conditions. In general, the oil operations are confined to the lower third of the property (the southwest oilfield zone). He pointed out former Nike Missile sites and an LA Sheriff's communication tower at an elevation of 14,023 (top of the hill). He pointed out a large interior valley that is not generally visible except from on the site. Along the freeway there are east and west facing slopes that have a fair amount of tree resources. Over the past several years Aera has conducted a number of biological surveys to understand the existing plant communities. He advised that the lighter colored area represents the non-native grasses that are primarily related to the years and years of grazing. The green colored areas reflect the trees (walnuts and oaks) that are viewable from the freeway. Multiple years of surveys MARCH 6, 2007 PAGE 4 CC STUDY SESSION have found three pairs of gnatcatchers and Aera has designed a project that avoids impacting the gnatcatcher. Mr. Basey said the project proposed is near the Orange County border consisting of residential development, higher density attached and up to 10 acres of commercial, a 20 -acre commercial site at the Brea Canyon interchange area and open space. The project is committed to setting aside more than half of the property as permanent open space with no burden to the taxpayers. In continuing discussions with various community interests it became apparent that the originally proposed through road was not popular and conflicted with some of the open space planning. As a result the project proposes a maximum of 75 units that would take access onto Harbor Blvd. There is no access being proposed northerly into Rowland Heights from Pathfinder Rd. As a part of an overall plan Aera has been working on a comprehensive resource plan that would address all issues related to the biological impacts downstream_ About 200 of the 700 acres in the green area are set aside for development leaving a significant amount of open space for natural habitat. Looking from the north to the south as one travels from D.B. into Orange County the oak woodlands on the east side will remain untouched. Roughly 85% of the view shed along the SR57 will be preserved. Additionally, Aera has pledged to keep the development off of the top of the Nike site ridge top. He showed a copy of the land owned by City of Industry and said his understanding was that it was acquired as open space. Should the City of Industry choose a different land use the area would have to undergo a separate environmental review. Mr. Basey showed a video simulating the project area that showed a significant wildlife corridor running through the area by using the basic limited vegetation and existing topography to create connections through the canyon areas down through the oil field areas. There is a major riparian restoration planned for the one -mile long drainage area that runs through the middle part of the property near the county line where a water treatment basin will be installed. Ultimately, there will be a direct unimpeded connection of wildlife habitat area through the entire project. Mr. Basey explained that one of the other misconceptions is about work that is being done through LA County and in particular with regard to SEATAC. The boundary was done in the 1970's and the shapes shown were done from aerial photographs. There were never any on-site surveys done so the area is somewhat suspect with respect to its current configuration. The SEATAC comments completely ignored the other open space elements of the plan including the wildlife corridor. Mr. Basey concluded that Aera continues to work with D.B. with respect to the 1940 acres outlined in the pre -annexation agreement approved by Council in December 2006 and Aera is committed to further definition of the proposed project with more than half of the land left as permanent 1 1 MARCH 6, 2007 PAGE 5 CC STUDY SESSION open space without burden to the taxpayers and providing a wide range of high-quality housing and shopping in an area where people choose to live. CM/DeStefano reiterated that staff continues to work on getting the environmental documentation and has hired a project manager to assist the City in working through all of the components of the project. He further stated that staff is close to recommending that the City enter into a contract with an environmental consultant to bring the City closer to talking about the proposed land uses and staff's ideas about ways in which those land uses could be modified to further produce benefits to the City of D.B. PUBLIC COMMENTS: None ADJOURNMENT: With no further business to come before the City Council, M/Tye adjourned the Study Session at 6:18 p.m. J6� TOMMY CRIBBINS, City Clerk The foregoing minutes are hereby approved this 3rd day of 2007. STEVP , Mayor 1 1 1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 6, 2007 STUDY SESSION: 5:34 p.m., Room CC -8 ► Update Regarding State Route 57/60 Long -Term Congestion Relief Strategy ON. Update Regarding Proposed Aera Energy Development Project Public Comments Study Session adjourned at 6:18 p.m. CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CM/DeStefano reported that during tonight's Study Session Council received updates on the State Route 57/60 long term congestion relief strategy and proposed Aera Energy Development Project. ADMINISTRATION OF OATH OF OFFICE — to newly appointed Council Member Ron Everett by Tommye Cribbins, City Clerk. PLEDGE OF ALLEGIANCE: C/Everett led the Pledge of Allegiance. INVOCATION: Monsignor Loughnane, St. Denis Catholic Church gave the invocation. ROLL CALL: Council Members Chang, Everett, Herrera, Mayor Pro Tem Tanaka, and Mayor Tye. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; Nancy Fong, Community Development Director; Linda Magnuson, Finance Director; Ryan McLean, Senior Management Analyst; Rick Yee, Senior Engineer; Kimberly Molina, Assistant Engineer, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Submitted. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Tanaka presented Certificate of Recognition to Guk An Lew in honor of her 100th Birthday. 1.2 C/Herrera proclaimed March 2007 as "American Red Cross Month" and presented Chief Nieto with the Proclamation. MARCH 6, 2007 PAGE 2 CITY COUNCIL BUSINESS OF THE MONTH: 1.3 M/Tye presented City Tile to Dr. Ami Patel and Dr. Carleton Fong, Optometrists, 2771 S. Diamond Bar Boulevard as Business of the Month for March 2007. 1.4 Presentation by Rahul Kumar, Director of Planning, Foothill Transit, regarding the 58 -passenger Silver Streak Bus Line with free WiFi Service; and, update on the progress of Foothill Transit's planned acquisition of MTA Bus Line 684. C/Chang asked what would happen after the September extension for Bus Line 684 expired and what would Foothill Transit's criteria be in deciding whether to keep or abandon the line. Mr. Kumar explained to C/Chang that the normal process is to have staff review the line and if Foothill feels it is a line that can efficiently operate at a certain productivity level staff would then recommend it to the Executive Board. C/Herrera thanked Foothill Transit for looking into possible acquisition of the line. Although MTA was not willing to continue the line they were willing to continue the line until September to allow Foothill Transit time to study the route and make its recommendation. She appreciated that protocol would allow for a seamless transfer for the residents. She asked how D.B. residents could access the Silver Streak. Mr. Kumar responded that line 42 currently travels through D.B. every 30 minutes from about 3:30 a.m. to 11:00 p.m. and connects D.B. residents to the Pomona Regional Transit Center, a main stop for the Silver Streak. Residents would have to transfer in Pomona. M/Tye thanked Foothill Transit for the presentation and for being responsive to the residents of D.B. and their transportation concerns. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Chief Nieto with L.A. County Fire gave a power point presentation regarding the Pantera Eastgate Helipad that offers an unlimited source of water from the adjacent water tanks for fighting fires. Chief Nieto introduced Captains Shawn Green and Battalion Chief Bob Bangler. 3. PUBLIC COMMENTS: Vinod Kashyap, 21452 Chirping Sparrow Rd., thanked Council for the good job in filling the Council vacancy. C MARCH 6, 2007 PAGE 3 CITY COUNCIL Nef Cortez, Regional Chamber of Commerce, commended the City Council for accepting the responsibility for filling the Council vacancy and thanked Ron Everett for being willing to step up to the challenge and serve the City. Jodi Roberto congratulated Mr. Everett and said his was a fine appointment by the City Council. She then went on to announce that The Diamond Bar Republican Women Club will be holding a fundraiser on St. Patrick's Day, Saturday, March 17 at Deane Homes Swim Club, 1010 Overlook Ridge Road from 5:00 p.m. to 10:00 p.m. to raise money for "Homes for Hero's," a Habitat for Humanity project in San Juan Capistrano The cost is $25 per person. Carolyn Elfelt, President, Walnut Unified School District, congratulated Ron Everett, a longtime supporter and friend of the District on his appointment to the City Council. She stated that Mr. Everett is a gentleman and a scholar and she congratulated the City Council on its selection. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. SCHEDULE OF FUTURE EVENTS: 5.1 Traffic and Transportation Commission Meeting — March 8, 2007 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.2 Planning Commission Meeting — March 13, 2007 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 City Council Meeting — March 20, 2007 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.4 State of the City — March 22, 2007 — 6:30 - 8:00 p.m., Diamond Bar Center, 1600 S. Grand Ave. 6. CONSENT CALENDAR: C/Herrera moved, C/Everett seconded to approve the Consent Calendar as presented with C/Everett abstaining from approval of Item 6.1 and C/Chang voting "no" on Item 6.8 and encouraging staff to continue seeking a Planning Director (Item 6.13). Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: ' NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Chang, Everett, Herrera, MPT/Tanaka, M/Tye None None MARCH 6, 2007 PAGE 4 CITY COUNCIL 6.1 CITY COUNCIL MINUTES 6.1.1 Regular Meeting of February 20, 2007- as corrected. 6.1.2 Adjourned Regular Meeting of February 21, 2007 — as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of January 23, 2007. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of January 25, 2007. 6.4 RATIFIED CHECK REGISTER — containing checks dated February 15, through February 28, 2007 totaling $1,195,579.30. 6.5 APPROVED TREASURER'S STATEMENT — month of January 2007. 6.6 APPROVED EXONERATION OF SURETY BOND NO. 6023788 IN THE AMOUNT OF $233,367 AND BOND NO. 6042559 IN THE AMOUNT OF $5,000 POSTED BY PULTE HOME CORP FOR TRACT 52267 TO COMPLETE ON-SITE STREET IMPROVEMENTS AND OFFSITE PUBLIC IMPROVEMENTS. 6.7 APPROVED NOTICE OF COMPLETION FOR THE ILLUMINATED STREET NAME SIGN PROJECT BY POUK & STEINLE. 6.8 APPROVED FOR SECOND READING BY TITLE ONLY, WAIVED FULL READING AND ADOPTED ORDINANCE NO. 01(2007): ADOPTING ZONE CHANGE NO. 2006-02, PLANNED DEVELOPMENT OVERLAY DISTRICT NO. 2006-01 AND MITIGATED NEGATIVE DECLARATION NO. 2006-03 (SCH #2006071129) AND MITIGATION REPORT AND MONITORING PROGRAM CHANGING THE EXISTING ZONING FROM R-1-10,000 TO LOW DENSITY RESIDENTIAL -PLANNED DEVELOPMENT RL - PD) FOR PROPERTY LOCATED AT THE SOUTHERN TERMINUS OF CROOKED CREEK DRIVE (APN NO. 8714-028-003). 6.9 APPROVED AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH LDM ASSOCIATES, INC. IN THE AMOUNT OF $55,357 FOR HOME IMPROVEMENT PROGRAM ADMINISTRATIVE SUPPORT SERVICES FOR A TOTAL CONTRACT AMOUNT OF $100,000. 6.10 APPROVED APPROPRIATION AND RATIFICATION OF $125,064.50 PAYMENT TO SOUTHERN CALIFORNIA EDISON IN ACCORDANCE WITH THE SETTLEMENT AGREEMENT APPROVED BY THE CITY ON FEBRUARY 6, 2007. MARCH 6, 2007 PAGE 5 CITY COUNCIL 6.11 LANDSCAPE ASSESSMENT DISTRICTS: a) ADOPTED RESOLUTION NO. 2007-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2007-08. b) ADOPTED RESOLUTION NO. 2007-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2007-08. c) ADOPTED RESOLUTION NO. 2007-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2007-08. 6.12 APPROVED AMENDMENT TO GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEM IN THE AMOUNT OF $25,000 FOR A TOTAL CONTRACT AMOUNT OF $70,000 FOR FY 2006-07. 6.13 AUTHORIZED THE CITY MANAGER TO EXTEND A PROFESSIONAL SERVICES AGREEMENT WITH CIVIC SOLUTIONS, INC. TO INCREASE THE CONTRACT AMOUNT BY $40,000 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $160,000 FOR ON-SITE CONTRACT PLANNING SERVICES. 6.14 AMENDED LAND ACQUISITION AGREEMENT WITH THE CITY OF INDUSTRY FOR PARCEL APN 8269-008-270. 7. PUBLIC HEARINGS: 7.1 CONSIDERATION OF GENERAL PLAN AMENDMENT NO. 2005-01, ZONE CHANGE NO. 2006-03, DEVELOPMENT AGREEMENT 2005- 01, SPECIFIC PLAN NO. 2005-01, VESTING TENTATIVE TRACT NO. 63623, CONDITIONAL USE PERMIT NO. 2005-01, DEVELOPMENT REVIEW NO. 2005-27 AND TREE PERMIT NO. 2005-06, PURSUANT TO THE SUBDIVISION MAP ACT, CITY'S SUBDIVISION ORDINANCE (TITLE 21) AND DEVELOPMENT MARCH 6, 2007 PAGE 6 CITY COUNCIL CODE (TITLE 22, SECTIONS 22.22, 22.387, 2248, 2258, 22.60, 22.70 AND 22.62). THE PROPOSED PROJECT CONSISTS OF A 99 -UNIT SINGLE-FAMILY RESIDENTIAL SUBDIVISION, A PUBLIC PARK AND OPEN SPACE AREAS ON APPROXIMATELY 34.52 ACRES, LOCATED ON PROPERTY SOUTH OF LARKSTONE DRIVE, WEST OF MORNING SUN AVENUE, WEST OF BREA CANYON ROAD, AND NORTHWEST OF PEACEFUL HILLS ROAD. (RELATED FILE: ENVIRONMENTAL IMPACT REPORT NO. 2005- 01). (CONTINUED FROM DECEMBER 19, 2006 and JANUARY 16, 2007, FEBRUARY 6 AND FEBRUARY 20). CDD/Fong presented staff's report using a PowerPoint presentation depicting the location, history and the components of the proposed project. The proposed project is a gated community consisting of 99 homes that would be clustered on about 12.5 acres of land with 16 remaining acres preserved as open space. A new park will be constructed on about 4.6 acres. The major access is from Larkstone Dr. and the secondary access from Morning Sun. The Applicant proposes to build homes ranging from 3100 sq. ft. to 3700 sq. ft. with the majority of homes being about 3100 sq. ft. The proposed project requires approval of a General Plan Amendment to remove the map restriction, a zone change to change the area of the three parcels from R-1 to SP, a Specific Plan developed with special development standards and design criteria, and the Vesting Tentative Tract for subdividing the land to 99 units, a Conditional Use Permit and Development Review for design of the homes and site planning, and a Tree Permit to remove some trees that will be replaced. In addition, the Project requires a development agreement to execute the entire project and to secure all improvements. Also, the project requires an EIR, which was completed and certified by the City Council on December 19, 2006. CDD/Fong stated that during the December 19 Public Hearing residents raised concerns about traffic and pedestrian safety. Council responded by directing that the second gate should be proposed for use as an exit -only gate and continued the Project to allow the applicant an opportunity to prepare a revised traffic study. The survey concluded that there is little pedestrian traffic, there are no school children walking or biking to school and there were no reportable pedestrian accidents between 2001 and 2006. Recently an area resident filed a lawsuit against the City challenging the EIR with respect to traffic and pedestrian safety. By completing the traffic addendum that addresses those concerns, the report has addressed all of the concerns raised by the litigant. The City received information from an attorney representing the resident in Rowland Heights indicating they would consider having the access "entrance only" and with that concession he would drop the lawsuit. Should the Council decide to approve the gate as an entrance only it can do so 1 1 MARCH 6, 2007 PAGE 7 CITY COUNCIL because the revised traffic addendum addresses the access as "entrance only." Along with the traffic addendum staff prepared an addendum to the EIR that incorporated and updated the traffic information. This addendum was prepared in compliance with CEQA. CDD/Fong outlined the benefits of the Project. In exchange for removing the map restriction to allow JCC to build 99 homes the Walnut Unified School District will receive revenue from the sale of the parcel, which can in turn be used to benefit the D.B. schools. Benefits to the City of D.B. include remediation of the Morning Sun landslide, a public park on Larkstone Dr. with 16 -acres of open space preserved, and up to $1.5 million for citywide traffic improvement. CDD/Fong stated staff's recommendation was to re -open the Public Hearing, Receive Additional Public Testimony, Close the Public Hearing and take the following actions: (a) Adopt Resolution No. 2007-16: Adopting Findings of Facts, Statement of Overriding Considerations and the Mitigation Monitoring Program; and, Approve the Addendum to the Certified Final EIR No. 2005-01, SCH 2005111118; (b) Adopt Resolution No. 2007-17: Approving General Plan Amendment No. 2005-01, Changing the three smaller parcels (APN 8765-005-001 through 003) within the project site from Low Density Residential to Planning Area 4/Specific Plan and Changing the Planning Area 4/Specific Plan for the future public park to Park; (c) Approve for First Reading by Title Only, Waive Full Reading of Ordinance No. 02(2007): Approving Development Agreement No. 2005-01 to provide the applicant assurances for the development approval and in turn to lock in the significant benefits for the City as required by the General Plan for removing the Map Restriction. (d) Approve for First Reading by Title Only, waive Full Reading of Ordinance No. 03(2007: Approving Zone Change No. 2006-03, changing the Zoning District from R-15,000 and RPD 10,000 to Specific Plan (SP) for the Project Area. (e) Approve for First Reading by Title Only, Waive Full Reading of Ordinance No. 04(2007) approving Specific Plan No. 2005-01 for ' the Project Area, (f) Adopt Resolution No. 2007-18: Approving Vesting Tentative Tract Map No. 63623, a 99 -Unit Single -Family Residential Subdivision for Condominium Purposes; and, MARCH 6, 2007 PAGE 8 CITY COUNCIL (g) Adopt Resolution No. 2007-19: Approving Conditional Use Permit No. 2005-05, Development Review No. 2005-27 and Tree Permit No. 2005-06. Kurt Nelson, JCCL, South Pointe West, thanked staff for the very thorough report and for their patience in allowing the applicant to address concerns raised by Mr. Coursen and other Rowland Heights neighbors. This allowed the applicant to prepare the traffic addendum instilling confidence that the proposed project was absolutely correct with no unacceptable level of service impacts regardless of South Pointe Middle School being in session and regardless of the restrictions or lack thereof on the secondary Morning Sun gate. During the time that this matter has been continued, the Applicant met with the Rowland Heights residents and the attorney that filed the CEQA lawsuit and the Applicant believes there has been an acceptable resolution with the change to "entrance only" at the secondary gate and that it would not produce any unacceptable levels of service. Further, the applicant believes the change will not unduly affect future residents of the project. The Applicant wants to be a good neighbor to the Rowland Heights community and enjoy a successful development. He said he believes the site is a perfect site to develop this particular community; open space will be preserved, 99 homes will be brought to market, as well as a public park and benefit to the School District with the infusion of funds. M/Tye reopened the Public Hearing. John Coursen, 1719 Chapel Hill Drive, Rowland Heights, assured Council that the case Coursen v. City of Diamond Bar would be dropped upon approval of the Project with the conditions that the secondary access gate on Morning Sun Ave. by restricted to emergency ingress, emergency egress and ingress only for the residents of the South Pointe Project. He appreciated consideration of this matter and said he had a great amount of respect for the City and staff's professionalism and courtesy. M/Tye closed the Public Hearing. C/Everett noted that he was very familiar with the project, had reviewed all of the material prepared by staff, attended most of the meetings involving this Project, and read all of the minutes and public hearing data to prepare for voting on this matter. He met with a representative of the Developer and learned nothing that had not already been covered in the documentation and public correspondence and communication. C/Herrera asked if the various Ordinances could be voted on as a group or individually. MARCH 6, 2007 PAGE 9 CITY COUNCIL CA/Jenkins responded that when the time comes for a motion if the maker of the motion intends to move approval it could be done with one single motion in which all of the actions would be recited. M/Tye asked Mr. Nelson if he was completely comfortable with the Development Agreement as presented and Mr. Nelson responded affirmatively. CM/DeStefano stated that when the Council completed its deliberation and was prepared to move forward with a motion, that it include the revisions to Exhibit F (Larkstone Park). Secondly, the Council should change its previous decision to make the Morning Sun gate from "Exit Only" to "Entrance Only" or keep its original decision. Lastly, with respect to the Council having received testimony that litigation would be dropped if Council were to take certain actions, there is no guarantee that the litigation would be dropped and there would be no protection from additional litigation that someone may wish to file regarding any decision the Council might choose to make. CA/Jenkins added that he completely concurred with CM/DeStefano's comments and would point out to the Council that there are a number of options in front of the Council that would be permissible within the EIR document that has been prepared relative to entry and exit into this project. The Council's decision on the issue should be based on what Council thinks is in the best interests of the community and this project, and what the Council believes is operationally most appropriate. The Council's decision should not be influenced, in his judgment, by the existence of a lawsuit just in the same way that other decisions Council has made in the past should not necessarily be influenced by threats of future lawsuits. The Council should do what it believes to be best and right and if that means that the lawsuit is dropped, so be it. And if it means that the lawsuit continues forward, so be it. The Council's decision should be driven by what it believes is from a land use point of view and from an environmental point of view, in the best interest of the community and this project, and not on the basis that the developer and the plaintiff in the litigation have arrived at a tentative settlement. C/Herrera said she was of the opinion that the Morning Sun gate should be an ingress and egress and to make it an "entrance only" would place an unnecessary and unfair burden on the Larkstone gate and place an unfair burden on the residences that would suffer more ' traffic exiting from that point because there is no secondary exit from Morning Sun. Therefore, she is in favor of having both entrances permit both ingress and egress. C/Everett said he respected C/Herrera's position and asked to clarify what he heard. It sounded to him like the second gate was important MARCH 6, 2007 PAGE 10 CITY COUNCIL to some people and his concern was shall, or will or may with respect to the lawsuit. He heard testimony from the sponsor of the lawsuit testify to what he believed was in good faith that the litigant would cancel the lawsuit if the second gate were changed to an "entrance only." CA/Jenkins responded that it was his understanding that the applicant has developed a settlement in concept with the petitioner in the lawsuit — he has not seen anything in writing — that depends upon this Council choosing "entry only" for the Morning Sun/Shepherd Hill Gate. That is his understanding. He has not seen anything in writing that guarantees that it would be dropped but he would say that it was his belief that if that were the decision that the Council made that the lawsuit would be dismissed. But he has not seen anything in writing that commits to the plaintiff dismissing the lawsuit. Secondarily, what CM/DeStefano said quite correctly is that this is just one individual and that there is no saying who might take exception to whatever decision the City Council makes. CM/DeStefano stated that with respect to the issue of the traffic impact from the Morning Sun gate, based upon the Council's prior direction to staff the gate was being focused on as an "exit only" gate. Staff and the City's consultants were estimating that based upon an "exit only" gate on Morning Sun that about 15% of the total trips might use that gate. It is somewhat a circuitous route that eventually gets individuals to Walnut Leaf Dr. by the LA Royal Vista Golf Course. 15% or maximum of about 150 trips per day using the worst-case traffic engineering scenarios is negligible with respect to the impacts on Morning Sun/Shepherd Hills as well as, to the impacts to Larkstone and Lemon on the D.B. side. What it means in traffic engineering terms and the way the traffic engineers have looked at all of the numbers and typical behavioral patterns is that it would result in about 40 trips per day at peak hour if the gate were "entrance only." 40 trips is a lot of trips but with respect to the road capacity and the number of trips (volume) already on that street on a school day it is microscopic in comparison and by addition. It is arguably an addition. The traffic studies have been set so that the Council can make the appropriate decision about how the gate should be handled and what the impacts should be to the Rowland Heights side or the D.B. side. The Council has the latitude through the analysis that is in the details of the reports to get the Council to wherever it wishes to go. The issue of "entrance only" on Morning Sun grew out of discussions that the Developer had just last week or so with the neighborhood. There was a meeting on February 26 that was hosted by the Developer and attended by about 70 individuals. D.B. staff members and a representative from Supervisor Knabe's District were present. It was CM/DeStefano's understanding that as a result of discussions during the neighborhood meeting a majority of residents of the neighborhood MARCH 6, 2007 PAGE 11 CITY COUNCIL supported an "entrance only" gate. With all due respect to comments that have been made the Council can move in any direction it deems appropriate and what it deems best for the community of D.B. and this project. MPT/Tanaka felt this was an outstanding project and as did C/Herrera, he believed that restricting ingress/egress to a 99 -unit project would place an undue burden on one side or the other and agreed that neither gate should be restricted to exit only or entrance only. C/Chang said that during a prior meeting the Council directed staff to study the traffic and the Morning Sun gate as an exit only. Today with the situation that happened in the neighborhood people know better than the Council and if they prefer to have the gate be an entrance only and the traffic count does not make a significant difference he would recommend that the Council keep its direction to staff that it be a one-way street and support the residents to have the Morning Sun gate as an entrance only. In the morning people are rushing out and are under pressure. When they come back everybody is more relaxed and he believed that an "entrance only' was better for the people in the neighborhood. The Council should give the people the support or kick the entire matter back to square one. If the Council has to start over things may as well stay as they are. Give them the liberty of changing from "exit only' to "entrance only' for the sake of the lawsuit and for the people. He does not want to kill the project because it has come to this point and if the Council believes it is a good project go ahead and approve the project and change the "exit only' to "entrance only." C/Everett agreed with MPT/Tanaka that this was a complex and a very good project. He believed the issue of the secondary gate was important and that it was important to keep it one way either way. His sense of the situation from what he is hearing from interested parties is it seems there is a bearing in favor of the secondary access as "entrance only' and he would tend to agree. M/Tye stated that in December the discussion was that Morning Sun would be an egress only. If the Developer has decided that the best thing to do to be a good neighbor— and he liked to think that D.B. is a good neighbor, is to make it "entrance only' then it should be an entrance only. He said he did not see it as a great deal different than ' a cul-de-sac with one way in and one way out of the neighborhood. In this case people will have a convenient second way in for a good portion of the 99 residents and he did not see it as an imposition. People will be buying a home knowing that there is "entrance only" from Morning Sun gate. With all due respect to CA/Jenkins and Mr. Coursen whether or not the City was sued did not enter into his belief MARCH 6, 2007 PAGE 12 CITY COUNCIL that it was the right thing to do. Anybody can sue anybody for anything anytime they want and what the Council decides here tonight might make Mr. Coursen's action go away but it might prompt two or three other actions. He felt it was right to change the gate to "entrance only" because the Developer had worked in good faith with the neighbors. The neighborhood will change appreciably as a result of this project and he believed the Developer had worked very hard to make the impacts as minimal as possible. Therefore, he would favor changing Morning Sun gate to "entrance only." C/Chang moved, C/Everett seconded, to approve each of the resolutions listed and introduce on First Reading the Ordinance listed in Item (c), Item (d) and Item (e) with Morning Sun gate as "entrance only" for residents and emergency ingress/egress permitted with changes listed as Exhibit F. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Everett, Herrera, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7.2 RESOLUTION NO. 2007-20: REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE ANNEXATION OF 106.7 ACRES OF LAND COMMONLY KNOWN AS CRESTLINE DRIVE/DIAMOND CANYON AREA INTO THE CITY. CDD/Fong stated that before Council is a Resolution of Intention to annex the Crestline Drive/Diamond Canyon Area into the City. There are approximately 150 homes, open space, office building and institution use area on about 106.7 acres. In 2005 the first step toward annexation the area was included in D.B.'s sphere of influence and this is the next step, which is to adopt the Resolution of Intension. The next step is to bring the General Plan Amendment and pre - zoning to the Council in April or May. Staff recommended that the City Council open the Public Hearing, receive testimony, close the public hearing, and Adopt Resolution No. 2007-20. John Bennett, 20609 Oak Crest Dr. said he understood the importance of the annexation to the City of D.B. He also understands and appreciates the ultimate impact that this will have. Further, he understands that there is a formal notice and comment period that went along with LAFCO proceedings. He respectfully requested that the City delay its adoption of the resolution and delay the initiation of formal LAFCO proceedings for the purpose of extending an expression by the City of its interest in its community much like that was done when annexation initially occurred in this area. There was 1 MARCH 6, 2007 PAGE 13 CITY COUNCIL community discussion, a lot of information that was provided to the homeowners in the area and the affected homeowners will have difficulty understanding and comprehending the notice and comment period that goes along with this process. He respectfully requested that the Council extend the courtesy to the community to inform them of the actual impacts that will occur when annexation takes place, both the negative and the positive sides. Robert Lewis, 2231-8 Fullerton Road, commended Council on the speedy selection process for filling the vacant City Council seat. He said he understood the pain of the process that occurred through the loss of a sitting Council Member. He congratulated Ron Everett on his fortitude in stepping forward to serve the community. The reason annexation has not happened before was because it was not in D.B.'s interest to annex the area. What changed to make this action come about? On December 19 the City of D.B. came to an agreement with Aera Energy LLC on a Development, Planning and Pre -Annexation Agreement of their property. Also involved was the Reed property and City of Industry property. In order to access the Aera Project the City must be geographically adjacent and that is what changed accepting the small negative impact on the City's budget taking in the residential properties of Area 1 along with the properties around that area. He wondered how the City could exchange 150 homes with a negative budget impact for an agreement that would build 2800 homes west of the SR57 and another 600 homes south going into Orange County. The final condition that makes this a gamble is the commitment of 10 years of City resources to this project because under the LAFCO stipulations the City is committed to 10 years to make up for the lost revenue to the community service district of the County. Instead of taking just the homes the City should take all of the commercial and political power as well. M/Tye closed the Public Hearing. C/Herrera asked staff to clarify the annexation procedures and steps outlined and the timeframe under which it will occur giving the residents an opportunity to comment and asked if notices were sent out seeking comment? CM/DeStefano said the real issue involves a portion of the developed community adjacent to D.B. that was originally intended to be a part of the community of D.B. This area, like a couple of other areas, is comprised of citizens who have lived there for several years who believed they lived within the City of D.B. and were entitled to services from the City. There have been times when residents have come to City Hall to get building permits because they thought theywere in the City. They are within the D.B. 91765 zip code area, they have a D.B. address, they are within the Rowland Unified School District, they MARCH 6, 2007 PAGE 14 CITY COUNCIL receive all of the same services that D.B. residents receive (Sheriff, Fire, etc.); they are within a different library district, they receive trash services from different haulers. The speaker was mixing and incorrectly matching projects, revenue sources and so forth. A reference was made that the only reason D.B. is looking to annex this area is to make a direct connection to the Aera Energy property and that such direct connection is necessary in order to be successful in annexation. That is a misunderstanding of the City's existing sphere of influence and existing municipal boundary. D.B.'s existing sphere of influence grows from the southerly portion of the City all the way to the Orange County line. It is vacant land so those that drive by it may not necessarily understand that it is within the City's ultimate sphere of influence and that LAFCO decided decades ago that that vacant land should be part of the City of D.B. Aera Energy owns property on the west side of the SR57 and there is a link between those two pieces of property. LAFCO determined that the small piece of property referred to in this item should be a part of the City of D.B. LAFCO's own study that was never adopted by the County of Los Angeles and was never acted upon by the County of Los Angeles, said that all of that acreage between D.B. and Brea within Los Angeles County should eventually become a part of the City of D.B. The comment made about financial resources necessary to support this type of residential project and the limited revenues that would be received from it was not correct. He said he did not understand math that mixed and matched a variety of different issues. Bottom line is that this is a piece of property that is roughly half privately owned, gate -guarded private streets and roughly half public streets. This property has contemporary homes built within the last 10 years or so of significant value, has a brand new church and has a two-story office building with a long-term lease with a growing tenant that employs a number of people and provides resources through taxation. This is not a piece of property that would in his judgment, generate a negative flow of revenue to the City and it is not a project that would generate an exceptional amount of expenditures on behalf of the City in order to support the services the residents would need and that D.B. would often supply. The connection to the potential for Aera Energy's Development is an incorrect assumption. This property is before the Council for consideration of one of the very first steps the Council must take to annex the land on its single sole and separate merits. This comes as a result of a few years of talking about it and as a result of residents seeking annexation into D.B. and it is being represented to the Council in that single, separate and sole manner. D.B. has no need to annex this property into the City. Residents are requesting it and from staff's perspective and from Council's perspective this would make good sense and it is good governance to do so. Resources needed to provide services do not exceed the revenues that would likely come from the taxes as a result of the present land uses. The vacant open space on this land is protected MARCH 6, 2007 PAGE 15 CITY COUNCIL open space and is owned by the private homeowner associations and that scenario presents no growth opportunity. There were two community meetings conducted in 2006. The annexation process would include a preliminary fiscal analysis that would likely result in a positive cash flow to the City of D.B. There are a variety of additional steps indicated by CDD/Fong that include public hearings for consideration of an amendment to the City's General Plan and pre - zoning of the property should it become a part of D.B. Should the Council take action to approve this matter tonight that a LAFCO filing would take place in June 2007 and that it would be at least a year before an annexation were to be completed. Additionally, as part of this process a vote must be taken by the current property owners to determine whether those property owners wish to become a part of the City of D.B. C/Herrera recalled a time that the City looked at areas around that area of Brea Canyon Cutoff and Pathfinder Rd. and the different neighborhoods were requesting to become a part of D.B. The City conducted an analysis at that time on the benefits and detriments to the City if it were to annex those different neighborhoods. For whatever reason the City did not pursue it at the time but she recalled the neighborhood residents in discussion this evening wanted to vote in the City Council elections and other elections and were upset when they discovered they were not within the City limits of D.B. She saw nothing to be gained by delaying action. The process as described by staff will be lengthy. C/Chang recalled that he too thought that residents in that area were entitled to all of the privileges of residents of the City because they were located in zip code 91765. Many of the residents are confused and from that time forward many residents asked to have their community become a part of D.B. Today he spoke with Mr. DeStefano and found out that their school district was Rowland Heights. Regardless, he feels the area should be annexed to D.B. and believed most of the residents wanted it to happen. MPT/Tanaka attended one of the public meetings and heard it explained to residents that it would be a long process but ultimately the residents would be able to make the final decision. He agreed with Mr. Bennett that the City needed to get the information out to the residents about the pros and cons of becoming a part of the City of D.B. C/Everett encouraged Mr. Bennett to help get the message out. The resolution before the Council is pretty clear and certainly based upon the history he received tonight requesting LAFCO to initiate proceedings for the reorganization, it was a good step toward getting started. He encouraged Mr. Bennett and others to attend the public MARCH 6, 2007 PAGE 16 CITY COUNCIL meetings and become informed. M/Tye wanted to be sure that he was correct that it would be a waste of time for the City to launch an education campaign at this point and by taking this action it would trigger the process of contact, education and so forth. CM/DeStefano said that M/Tye was right and that the process has begun with last year's meetings earlier referenced. D.B. goes out of its way to inform current and future residents. Should the Council adopt the resolution, the City would go back into the neighborhood to further discuss the process of annexation. C/Herrera moved, C/Chang seconded to adopt Resolution No. 2007- 20: Requesting the Local Agency Formation Commission (LAFCO) to initiate proceedings for the annexation of 106.7 acres of land commonly known as Crestline Drive/Diamond Canyon Area into the City. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Everett, Herrera, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang talked about Consent Calendar Item 6.9, the Home Improvement Program wherein the City sets aside money to help residents repair their properties. This program was proposed by former Council Member Zirbes and was approved by the City Council. During 2006, 26 D.B. homeowners and their homes benefited from the program. So far this year there are already five homes under rehab, 10 applications are in process and 12 are on the waiting list. Item 6.10 involves paying $127,000 to Edison so that the large electrical pole in front of Target can be relocated to improve the entry and look at Target. He was happy to see the Diamond Crest matter was approved and asked residents to join the Council Meeting and express their views about annexation. C/Herrera congratulated newly appointed Council Member Ron Everett and felt his 31 years of experience in and with the City would lend itself to this City Council. The Neighborhood Improvement Program is important to D.B. and Council Member Zirbes always offered creative solutions to problems. She hoped the committee would continue for the benefit of the residents and the community. The City Council took action tonight on important things. During tonight's Study Session the Council talked about improvements to the MARCH 6, 2007 PAGE 17 CITY COUNCIL SR57/60. Finally, after four years the HOV lanes are finished and the carpool lane from SR57 now transitions to the eastbound SR60. As everyone knows the transition from the Carpool lane to Grand Ave. is not easy and accidents occur in that location on a daily basis. C/Herrera said she was very proud of the City's leadership and staff who work toward solutions. Staff and City officials are working together with coalitions and others to resolve the local and regional issues. Staff will look at the Aera proposal very carefully to make certain that it benefits the City and whatever decision the City Council makes will be because it benefits the residents. Council Members represent residents and that is always the basis for the Council's ultimate decisions. C/Everett agreed with comments made by his colleagues. He emphasized Consent Calendar Item 6.12, increase on the graffiti removal. The second day on the job he noticed graffiti on Grand Ave. and called the graffiti hotline to find that people manning the phones were very cooperative and interested. They did not take his name and the situation was immediately dealt with without undue influence. He was told that the original graffiti removal contractor has been with the City since its inception and has never raised its' rate in spite of the fact that graffiti is on the increase. He encouraged everyone to take advantage of the program and help remove this type of blight from the City. He thanked everyone for bearing with him tonight. An oath, vows, invocation and pledge of allegiance have all been represented here tonight as they are in society and all are so important to democracy. He encouraged everyone to read the front page of the February 23 edition of the Los Angeles Times that honored Ryan Kools whose wife Nancy was called on December 2, 2005 to meet her husband in Germany. Ryan is one of 100 Americans in Iraq and Afghanistan who have lost two limbs; an additional 440 have lost one limb and four have lost three limbs. Very important was the attitude with which this young couple approached this disaster and the support of American resources to get Ryan to treatment. He and his wife have taken trips around the country. Ryan has engaged in snow boarding, snow skiing, water skiing, white water rafting, biking, fishing and canoeing and visits Walter Reed twice a week for physical therapy. Our individual efforts lend to the collective success and they are very important. C/Everett said he was grateful to his colleagues for his appointment to the City Council. His ABC's for the season are All interests — all of you. He is here to represent each resident; Balance is vital and not easy; Balance in resident's quality of life; and, Cooperation. Chief Nieto was very upfront about the team concept. And the D.B. staff is one of the reasons he wants to serve because D.B. has an outstanding staff and they've been here for a long time and know what's going on and what's under the rocks. Staff members are very forthright and professional in preparation of documentation and studies and very forthright in expressing their perceptions, comments and recommendations. And then it is up to Council to make the final decisions. That teamwork and team spirit is so vital. He said he was committed to Cooperation. He invited residents to talk with him. He said the City can do a betterjob in getting the message out. The United MARCH 6, 2007 PAGE 18 CITY COUNCIL States is blessed and we are fortunate to be here and he is thankful to be serving on the Council. MPT/Tanaka congratulated Ron Everett on his appointment to the City Council. On February 22 he attended the Regional Chamber Mix hosted by AAA; the Caltrans HOV Grand Opening; February 24 he attended the D.B.- Chinese American Chinese New Year Celebration at D.B.H.S.; that afternoon he attended the Tsu-Chi Foundation Celebration; on Sunday he attended the Vietnamese New Year celebration with M/Tye; on Sunday, February 25 he attended Rishi Patel's Eagle Scout Court of Honor on the occasion of his attaining the Eagle Scout rank; on Tuesday morning he attended the Diamond Bar Community meeting with the LA County Fair with the Diamond Bar Day at the Fair scheduled for Thursday, September 13; the D.B 4 -Youth Committee met to finalize their plans for a Battle of the Bands contest at the middle school dance; on Tuesday, February 27 he attended the Pomona School Board Meeting during which the PUSD administrators were honored. MPT/Tanaka attended the League of California Cities LA County Division meeting and networked with other cities; on Saturday morning he attended the D.B. Little League Pancake Breakfast and opening day ceremonies; on March 5 he attended the water signing ceremony between Walnut, Pomona and Rowland Water Districts celebrating 50 years of working together to bring water to the area; this afternoon he attended the Chamber's ribbon -cutting ceremony for Maxway International. M/Tye said it was always gratifying to accomplish things and many things were accomplished this evening. The most important thing for residents to know is that the Council is here to listen. Mr. Derefield made a special trip to City Hall to thank the City for removing the traffic circles. He thanked PWD/Liu for his follow through. He hoped there would be a seamless transition with Bus line 684 with Foothill taking it over from MTA and he again mentioned how important it was that a citizen came forward to let the Council know about that issue. Mr. Coursen came forward to say the process works. Mr. Coursen complimented staff and praised working with the Developer. So people know they will be heard when they come to Council meetings. He congratulated owners of Maxway International and thanked them for choosing D.B. He wished them every success possible. He congratulated Little League on the start of their 415t year. The excitement of the kids makes everything worthwhile. He welcomed Ron Everett to the Council. This Council works very well together and it is very encouraging that in a very, very difficult time as a body the Council was able to come together and unanimously choose Ron Everett to be appointed to the City Council. The Council looks forward to working with C/Everett and is grateful for his willingness to serve. C/Everett will add a lot to this body. MARCH 6, 2007 PAGE 19 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Tye adjourned the regular City Council meeting at 9:00 p.m. TOMM E CRIBBINS, CITY CLERK Th,"going minutes are hereby approved this3ra day of Apr ic , 2007. ,/ ST 1/E TYE, M OR 1 1