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HomeMy WebLinkAbout3/17/2009 - Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MARCH 17, 2009 STUDY SESSION: M/Everett called the Study Session to order at 6:00 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Member Chang, Tanaka, Tye, Mayor Pro Tem Herrera, Mayor Everett Staff Present: David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Greg Gubman, Acting Community Development Director; Ken Desforges, IS Director; Marsha Roa, Public Information Manager; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Patrick Gallegos, Management Analyst; Anthony Santos, Management Analyst; Joyce Lee, Sr. Management Analyst; and Tommye Cribbins, City Clerk. SOLID WASTE NEGOTIATION CONTRACT NEGOTIATIONS -, UPDATED — Discussion and Action ACM/Doyle presented Council with a comparison report showing commercial and residential rates of D.B. and surrounding cities. He explained that it was a draft report and snapshot of services provided. A more in-depth report will be presented to the City Council in May by the consultant. Consultant, Laith Ezzet with HF&H, commented on what the comprehensive report will include. C/Chang thanked ACM/Doyle for the report and asked Mr. Ezzet to comment on the recyclable revenue sharing issue. ACM/Doyle advised the Council that the analysis is underway and that the information will be included in the report and at that time Mr. Ezzet will discuss recyclable revenue sharing. Mr. Ezzet went through the process for reaching a final agreement. He stated that staff had prepared a questionnaire that was reviewed by the City Attorney's office and had then been given to the contractors. Comments from the contractors are due back the first week of April. PUBLIC COMMENTS: Dave Perez, with Valley Vista Services said that he was in the process of reviewing the proposed contract and preparing his comments; however, MARCH 17, 2009 PAGE 2 CC STUDY SESSION there are many comments and issues regarding the contract that would affect the rates substantially so he needed to have clarification on some issues before he would be able to provide rates. Both ACM/Doyle and Mr. Ezzet said they would meet with Mr. Perez at the end of the study session to discuss his concerns and questions in order not to delay the May timeframe. ACM/Doyle responding to MPT/Herrera's request to do the same for Waste Management indicated that staff had discussed this with Waste Management as well. ADJOURNMENT: With no further business to discuss, M/Everett adjourned the Study Session at 6:20 p.m. TOMMY CRIBBINS, City Clerk The foregoing minutes are hereby approved this 7th day of April , 2009 RON EVERETT, Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 17, 2009 STUDY SESSION: 6:00 p.m., Room CC -8 Solid Waste Contract Negotiations Update — Discussion and Action Public Comments: David Perez with Valley Vista Services. CALL TO ORDER: Mayor Everett called the regular City Council meeting to order at 6:35 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. ACM/Doyle reported that during tonight's Study Session the Council received a report regarding waste hauler rates and types of services provided to the public. A more complete analysis of the same information will be provided to the Council in May. PLEDGE OF ALLEGIANCE: Council Member Tanaka led the Pledge of Allegiance. INVOCATION: Pastor Bob Stebe, Northminster Presbyterian Church gave the invocation. ROLL CALL: Council Members Wen Chang, Jack Tanaka, Steve Tye, Mayor Pro Tem Carol Herrera and Mayor Ron Everett. Staff Present: David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Greg Gubman, Acting Community Development Director; Ryan McLean, Assistant to the City Manager; Marsha Roa, Public Information Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Christian Malpico-Perez, Associate Engineer; Anthony Santos, Management Analyst; Lauren Hildago, Public Information Specialist, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Everett presented a Certificate of Recognition to the Diamond Bar High School Architectural Team for competing in the Rio Hondo College's 33rd Annual Architectural Competition March 4-6, 2009. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: ACM/Doyle wished everyone a Happy St. Patrick's Day. MARCH 17, 2009 PAGE 2 CITY COUNCIL 3. PUBLIC COMMENTS: Robert Velasquez, 24336 Seagreen Dr., asked that MPT/Herrera recuse herself from voting on the NFL Stadium project because of a possible conflict of interest. Mitchell Haimov, 21715 Santaquin Dr., spoke in opposition to the proposed NFL Stadium project. Ron Chapman, 22713 Happy Hollow Rd., opposes the proposed NFL Stadium project. Grace Lim -Hayes, 21323 Cottonwood Ln., asked the Council to do everything possible to protect the best interests of the residents with respect to the proposed NFL Stadium project and asked MPT/Herrera to recuse herself from voting on the project. Jim Hayes, 21323 Cottonwood Ln., said that D.B. should not trust the City of Industry. Dr. Howard Wang, 21619 Parkview Ct., Walnut, urged the City Council to initiate legal action against the City of Industry and its EIR for its NFL Entertainment project. Jackie Bettis, 22724 Sunset Crossing Rd., stated that she had been told that Sunset Crossing Rd. would be opened up for the stadium. Gregory Magdaleno, 20739 Lycoming St., spoke in favor of the proposed NFL Stadium. Victor Magdaleno, 20739 Lycoming said he supported the proposed NFL stadium. Ying Wang, 23101 Cottonwood Ln., spoke in opposition to the proposed NFL Stadium project and encouraged litigation of the EIR. Angela Holloway, 780 Leyland Dr., spoke in support of the proposed NFL Stadium. Sergio Lugo, 123 North Rock River Dr., said he supported the proposed NFL Stadium. Fernando Nunez, 131 North Rock River Dr., spoke in support of the proposed NFL Stadium. Lawrence Reinhold, 1480 Atterbury Dr., Walnut, asked that MPT/Herrera recuse herself from voting on waste haulers for the City and felt the MARCH 17, 2009 PAGE 3 CITY COUNCIL Council should put this matter out to bid and not retain Valley Vista. He also felt the Council should litigate the NFL Stadium Project EIR. Sandy Hunt, 1750 Ano Nuevo Dr., spoke in favor of the NFL stadium project. Bob Hunt, DB resident said he supported the stadium. Tom Ramos, 1028 Jason PI., spoke in support of the proposed NFL Stadium project. Aaron Bird, 2724 Sunbright Dr., felt traffic would not be a problem with respect to the proposed NFL Stadium project. Carol Heins -Gonzales, 1431 Stardust Dr., spoke in opposition of the NFL Stadium project and asked the Council to defend the residents' interests. Marcus Lotto, 23419 Cleghorn Dr., reminded the Council that the NFL Stadium project EIR was incorrectly done and should be redone correctly. Osman Wei, 24106 Lodge Pole Rd., said he was confused because this project is in the City of Industry. He stated that he has been listening to residents of this and other cities threatening the D.B. City Council. He and his family and most of his neighbors support the NFL Stadium. He is sorry that people are trying to turn this public comments portion into a political fight. He has confidence that the City Council will make its decisions to the benefit of the community. He also felt that MPT/Herrera had done a very good job for the City and asked her to keep up the good work. Anthony Tse, 20830 Quail Run Dr. felt the stadium project would negatively impact the quality of life in D.B. Chauncey Snyder, 20722 Lycoming St. said he opposed the stadium project but felt that if the EIR assessment was appropriate he may have supported the stadium. Steve Otting, 228 EI Vado Rd. reiterated his opposition to the proposed NFL Stadium project. Kim Chapman, Happy Hollow Rd. spoke in opposition to the proposed NFL Stadium project and asked MPT/Herrera to recuse herself from voting on this project. George Davidson, 23426 Wagon Trail Rd. felt the stadium was an opportunity for the region to benefit economically. He said he was in support of the concept. MARCH 17, 2009 PAGE 4 CITY COUNCIL Richard Michael, 1340 Wesley Ave. Walnut, felt that all Council Members should avoid the appearance of impropriety. -- Marie Yang, 19947 E. Hidden Spring, Walnut resident, spoke in opposition to the proposed NFL Stadium project and asked the Council Members to do the right thing. Yu -Ming (Tina) Chang, 2340 S. Presado Dr., requested that the City pursue an accurate EIR so the residents can make an informed choice. Joseph Lo, 21217 Cottonwood Ln., said his family is opposed to the NFL Stadium project because it would cause too much traffic, pollution and noise. Clyde Hennessee, said he was okay with the proposed NFL Stadium. Since he lives close to the YMCA on Sunset Crossing Road he does not want the street opened up to accommodate the stadium. Anna Smith, 23705 Jayhawker Ln., adamantly disagreed with the speaker who said D.B. residents didn't support the stadium. She supports the development and believes it will help the residents and the D.B. economy. Nicole Smith, 23705 Jayhawker Ln., said she supported the stadium. John Long, 530 Charmingdale Rd., spoke in full support of the stadium and that according to individuals who are in charge of this project there is no intention of opening Sunset Crossing Rd. to traffic. Furthermore they plan to financially support D.B. youth groups. Greg McKnight, 23771 Highland Valley Rd., President, D.B. Pop Warner, said his organization is in favor of the proposed NFL Stadium. D.B. youth sport is declining due to increased costs and felt that the sports complex would benefit our youth. Ron Layton, 172 N. Rock River, spoke in favor of the proposed NFL Stadium project. The local restaurant business and related business have declined. He believed the Council could negotiate a beneficial agreement with the City of Industry that would stimulate the economy. David Orona, 422 Foxboro Dr., Walnut, said he worked for Sysco but was recently laid off due to declining restaurant business and believed the stadium would bring additional revenue and improved economics. Raj Walia, 1057 Banner Ridge, said he believed the City should work with the City of Industry to reduce a major negative impact to the quality of life in D.B. If MPT/Herrera has a conflict then she should recuse herself from voting on the stadium project. MARCH 17, 2009 PAGE 5 CITY COUNCIL Eric McCabe, 1007 Banner Ridge Rd., spoke in opposition to the stadium project because he felt it would compromise the quality of living in D.B. Nathan Leal, 819 Barcelona PI., Walnut, supported the NFL Stadium project. Armando Leal, 819 Barcelona PI., Walnut, said he was in favor of the stadium and believed that while there would be challenges, Walnut and D.B. would experience improved revenues as a result. Ed Pechy, 554 Brigante Dr., supported the project and asked that the Council consider what the majority of D.B. residents want and not what Walnut residents want before using taxpayer dollars. Thelma Pechy, 554 Brigante Dr., said she trusts the City Council and MPT/Herrera to do the right thing and not accept threats made against Council Members. Jerome Bostic, a Walnut resident stated that he supports the stadium. Raul Gallindo, 1252 Blenarm, said he strongly supported the stadium project and felt that the surrounding cities will reap financial benefit. Vince Spitari, 363 Grapevine Dr., said he was in total support of the stadium. Roy Wilks, 2702 George Ln., wonders why people are opposed to the stadium. He supports the stadium. Shine Lin, 21236 Fibre Ct., listed several concerns about the stadium being so close to his home and that he was opposed to the project. Robert Hildago, 2506 Reata PI., spoke in support of the stadium project and the business it would bring to the area. Robert Alvarado, 336 Foxboro Dr., Walnut, felt the stadium was a win-win project for the local communities. Marco Robles, 19647 Castlebar, Rowland Heights, felt the stadium project would put an additional traffic burden on a long-term basis and affect the area regardless of the economy. Jody Roberto, 22625 Ironbark, President, Diamond Bar Community Foundation said that Majestic is a great community partner and that she supports the project. MARCH 17, 2009 PAGE 6 CITY COUNCIL Mei Mei Huff said she is a strong supporter of the stadium project and that MPT/Herrera has done a wonderful job on behalf of the City and has many supporters in the community. Rich Craven said he strongly supports the proposed NFL Stadium project and hoped the Council would ultimately support the project after thoughtful mitigation. Michael Lande, 23527 Grand Rim Ct., agreed with the last two speakers. Majestic Realty is a strong supporter of the youth in D.B. and asked that the City negotiate with the City of Industry on behalf of its residents. Bryan Batiste, 23338 Wagon Train Rd., said he lived and worked in a stadium environment and with the cooperation of the city and stadium management issues were addressed. He felt that D.B. could benefit from successful and cooperative negotiations with the City of Industry. Claudia Ladwig, 1658 Bronze Knoll, spoke in support of the NFL Stadium Project and additional shopping and entertainment in the area. She asked for Council support of the project. Adrian and Caesar Rodriguez, 701 Featherwood Dr., said they definitely supported the stadium project. Mandy Ho, 21148 Lycoming St., said she was opposed to the stadium project in this location near D.B. and Walnut. She urged the City Council to file a lawsuit in support of a new and better EIR. Benjamin Praster, Palo Cedro Dr., supported the stadium project. ,Joe Praster said after much consideration he supports the stadium project and encouraged the Council to consider the long-term benefits. Che Chang, 20226 Falling Spgs. Rd., Walnut, spoke about the air pollution as a result of the traffic traveling to and from the NFL Stadium. Mary Dong, 2838 Crystal Ridge Rd., spoke in opposition to the stadium project. Moses Hernandez, 24183 Willow Creek Rd. strongly supported the stadium project. Ruben Franco, 1208 Vassar Ln. Walnut, spoke in support of the stadium project. Rick Iwanaga, 1772 Maple Hill Rd., spoke against the stadium project in favor of retaining country living. MARCH 17, 2009 PAGE 7 CITY COUNCIL Hina Jadau, 1617 Maple Hill Rd., said he was happy to see a stadium come to the area and felt it would benefit D.B. and its youth if the City can negotiate successfully for the long-term. Wai Lok Yip, 1456 Longview Dr., said he was not opposed to a stadium but did not want it close to D.B. because of increased traffic and the City's small and quiet culture that would be changed as a result of this project. Hisashi Kubota, 21256 Washington St., said he understood there might be a benefit to the City but was concerned about losing his beautiful view and the change in the atmosphere for his children. John Semcken, Majestic Realty, City of Industry, said he appreciated the support from the D.B. residents. The City Council and staff have been negotiating very hard on behalf of the City in seeking substantial mitigation from the City of Industry and Majestic Realty. Some individuals have indicated their names appear on flyers supporting the project when they are not supporters. The only two ways to get names on flyers is to send in a card with all of the individual's names or to go to the website and click on the icon that says "show your support". All of the individuals who have --- indicated they are not supporters of the project clicked on the "show your support" icon and gave Majestic all of their information. Many people are also concerned that Sunset Crossing Road will become an access to the stadium parking lot even though it is clearly stated in the EIR that the City of Industry cannot connect Sunset Crossing Road to the parking lot. He adamantly reiterated that there will be no access allowed into the parking lot from Sunset Crossing Road. The opponents of the project are stating that there can be only 45 events and that a multiple event counts as one event, a statement that is untrue. The stadium can have 45 events, 30 sell outs and 15 with less than 25,000 which is only one-third of the building's capacity. If an event takes place over two days it will be counted as two events. People are concerned that stadium attendees will be able to cut through community streets to get to the stadium which is also untrue. Attendees will follow main arteries to get to the stadium and will not be allowed onto neighborhood streets. Management will work with City staff, LA County Sheriff and private security to determine what actions will be necessary to keep patrons out of neighborhoods including but not limited to barricading streets to non-residents. Management believes that the project will generate $762 million annually in economic output, $323 million annually in salaries, create 6,735 permanent jobs and over 12,000 construction jobs. This project will mitigate the impacts to the City of D.B. and create a project that will be beneficial to everyone. People were also talking about the hillsides and one of the beautiful benefits is that the project will be built into the hillside from three sides and that there will be sports fields built on the northern side of the parking lots which will be open to all of the Pop Warner, soccer, rugby, baseball and Little League. MARCH 17, 2009 PAGE 8 CITY COUNCIL Roy Wilks, 2702 George Ln., spoke against Item 6.6 if the legal fees are to be spent to fight the stadium project. — Rocque Varnal, 465 Golden Prados Dr., thanked MPT/Herrera for her years of support to the City and spoke in support of the proposed NFL Stadium. Darcy Charron, 1256 Diamond Bar Blvd., said she is not against growth but is concerned that too much growth would be harmful and she was opposed to the stadium project. Cindy Sei, Charter Court, Walnut, spoke in opposition to the NFL Stadium project being situated in the proposed location. Ming Lein, 24303 N. View PI., spoke in support of the stadium project. Grace Trugester, High Country Dr., wanted a sound EIR to determine the true impacts of the proposed stadium project. George Ludwig, 1658 Farms Knoll Rd., said he supported the stadium. 4. RESPONSE TO PUBLIC COMMENTS: MPT/Herrera responded to individuals who stated that she had a conflict of interest or a vested interested in these matters. She stated that FPPC rules state that one has a conflict of interest if one has an economic gain or an economic interest. A conflict of interest may apply if she were employed by the stadium, which she is not nor will she be in the future; or, if she has a home that is located in proximity to the proposed stadium where her home might appreciate in value. Her home is about seven miles from the site which is well outside the 500 ft. threshold. She has no vested interest and no economic gain as a result of this proposed project and therefore, in accordance with FPPC rules she has no conflict of interest. She has lived in D.B. for 43 years and has been an elected official representing the people of D.B. for 29 years, serving 16 of those years on the Walnut School Board. She has demonstrated her commitment and dedication to the community and the people of D.B. and she will continue to do so in the future. CA/Jenkins stated that a number of comments were made by speakers to the effect that MPT/Herrera had a conflict of interest and should recuse herself because of campaign contributions. He said he wanted to be very clear that the law is absolutely clear that campaign contributions do not create a conflict of interest. In fact, the Supreme Court has ruled that campaign donors have a constitutional First Amendment right to give - campaign contributions to candidates for office without being penalized by those candidates or office holders ultimately being forced to recuse MARCH 17, 2009 PAGE 9 CITY COUNCIL themselves by virtue of those contributions. The contention that was made that these contributions that were made somehow created a conflict or that they would be of interest to the FPPC is actually completely wrong. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — Tuesday, March 24, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.2 Parks and Recreation Commission Meeting — March 26, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 City Council Meeting — Tuesday, April 7, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.4 26th Annual Easter Egg Hunt and Pancake Breakfast — April 11, 2009 — Easter Egg Hunt at 10:00 a.m., Pantera Park, 738 Pantera Dr., Pancake Breakfast at 8:30 a.m. 5.5 City's 20th Birthday Party — April 18, 2009 — 11:00 a.m. — 5:00 p.m. (Carnival Rides until 8:00 p.m.) — Pantera Park, 738 Pantera Dr. 6. CONSENT CALENDAR: C/Chang moved, MPT/Herrera seconded, to approve the Consent Calendar as presented with the exception of Item 6.7 pulled by C/Tye. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Herrera, M/Everett NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES: 6.1.1 Regular Meeting of March 3, 2009 —Approved as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of January 13, 2009. 6.2.2 Regular Meeting of January 27, 2009. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of January 22, 2009. 6.4 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of January 8, 2009. 6.5 RATIFIED CHECK REGISTER — dated February 26, 2009 through March 11, 2009 totaling $1,100,508.79. MARCH 17, 2009 PAGE 10 CITY COUNCIL 6.6 APPROPRIATED $125,000 FROM GENERAL FUND RESERVES FOR SPECIAL LEGAL SERVICES PROVIDED BY SHEPPARD, MULLIN, RICHTER & HAMPTON, LLP. 6.8 APPROVED NOTICE OF COMPLETION FOR TRAFFIC SIGNAL MODIFICATIONS AT BREA CANYON ROAD/PATHFINDER ROAD, BREA CANYON ROAD/DIAMOND BAR BOULEVARD, AND GOLDEN SPRINGS DRIVE/LEMON AVENUE. 6.9 APPROVED DESIGN SERVICES CONTRACT AMENDMENT WITH NORRIS-REPKE, INC. FOR THE ARTERIAL ZONE 4 SLURRY SEAL PROJECT IN THE AMOUNT OF $55,460; PLUS A CONTINGENCY AMOUNT OF $7,500 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER; FOR A TOTAL AUTHORIZATION OF $62,960. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.7 ADOPTED RESOLUTION NO. 2009-11: APPROVING THE APPLICATION FOR $10,016 OF DIAMOND BAR COMMUNITY FOUNDATION GRANT FUNDS, FOR THE PURCHASE OF FOUR PITCHING MACHINES TO BE USED IN THE BATTING CAGES AT PANTERA AND PETERSON PARKS. C/Tye highlighted the efforts of the Diamond Bar Community Foundation on behalf of the community. C/Tye moved, MPT/Herrera seconded, to approve Consent Calendar Item 6.7. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Herrera, M/Everett NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 CONSIDERATION OF CITY'S PARTICIPATION IN THE LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM (LA-RICS) JOINT POWERS AUTHORITY. ACM/McLean reported that the objective of LA-RICS is to engineer and implement a communications system that is truly interoperable between the Sheriff's and Fire Departments as well as the 88 cities within LA County. LA-RICS estimates the project will cost from MARCH 17, 2009 PAGE 11 CITY COUNCIL $600 million to upwards of one billion dollars depending on a number of factors. LA -RIGS has requested that cities join its Joint Powers Authority and is in the process of developing its board of directors to be made up of 17 seats, 10 of which would be taken by the City and County of Los Angeles and one for the City of Long Beach. As an advocate for public safety and emergency preparedness, D.B. fully supports the implementation of an interoperable communications system. However, CA/Jenkins and CM/DeStefano have serious concerns with the LA-RICS Joint Powers Authority and the City's participation in it: 1) the City's public safety interest in interoperable communication will already be well represented on the LA-RICS Board by the dedicated public safety team of the LA Sheriff's Department which has a permanent seat and deserves operational discretion in matters such as public safety and communications; 2) the anticipated cost of membership in the JPA is completely undefined at this time and given that these costs could eventually be included in the annual public safety contract additional membership costs or fair -share project costs may be redundant; 3) other than having a single vote in choosing an at -large board member it is unclear how the City would play a meaningful role in implementing the program. As such, the City Attorney and City Manager are not convinced that there is a true benefit to the City's participation that would not be better served by having the Sheriff's Department serve as the City's representative on the board. At this time, the City Attorney and City Manager recommend that the City Council refrain from joining the LA-RICS Joint Powers Authority at this time. There was no one present who wished to speak on this item. MPT/Herrera moved, C/Tanaka seconded, to adopt staff's recommendation to refrain from joining the LA-RICS JPA at this time. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Herrera, M/Everett NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye wished everyone a Happy St. Patrick's Day. He stated that it was great to participate in D.B. Pony Baseball's inaugural opening day and to see so many aspiring athletes on the beautiful fields that volunteers monitor. This weekend he participated as the second pro-nouncer in the Second Annual Inland Valley Regional Spelling Bee sponsored by the MARCH 17, 2009 PAGE 12 CITY COUNCIL Inland Valley Daily Bulletin and Diamond Bar Friends of the Library. The event was held at D.B.H.S. with eight D.B. schools being represented. He congratulated everyone who participated. C/Chang said there were reports that water rates would increase and that the City after speaking with the Walnut Valley Water District learned that there is sufficient water reserves at this time and no significant change on the water bill. However, they have been invited to present a report to the residents. It is very important for residents to continue conserving water. The City is proud of its recreational program, City Birthday Party, Concerts in the Park, Snowfest and other events that provide great family entertainment. He reminded everyone to participate in the Easter Egg Hunt on April 11 at Pantera Park and the 20th Anniversary City Birthday Party at Pantera Park on April 18. He commended the individuals who expressed their thoughts on the proposed NFL Stadium. He stated that the City Council will render a decision that is favorable to the residents and the City. The Council's position as expressed on several occasions by CM/DeStefano is that until the City of Industry favorably responds to the negative impacts to the City, the Council will not support the project. C/Tanaka thanked individuals who spoke on the proposed NFL Stadium project. He attended the D.B. Pony Baseball opening ceremonies; chaperoned the middle school dance; the Miss D.B. Pageant's fundraising car wash; the Pomona-D.B. YMCA fundraising campaign kickoff; a couple of neighborhood watch meetings conducted by Deputy St. Amant; the State of the City event and the Inland Valley Spelling Bee. He invited everyone to the Miss D.B. Pageant on Sunday, March 29 at 2:00 p.m. at the D.B.H.S. Theater. MPT/Herrera thanked the 76 individuals who took time to participate in tonight's meeting to speak on both sides of the NFL stadium issue. She reassured everyone that she was elected by the people of D.B. and will continue to work for the betterment of the people of D.B. first, most and always. She reported that she recently traveled to Washington, D.C. in an attempt to get the 57/60 interchange fix mentioned in the next Federal Highway Funding bill that is currently being put together. She and PWD/Liu and officials from the City of Industry met with officials to talk about the project and visited the offices of Senators Boxer, Feinstein, Congress Woman Napolitano, Congressman Dreier and Congressman Miller, many of whom are on important committees that will be making decisions on which projects will get funding and mentioned in the bill. They were told that projects would be considered to have greater importance if they affect the environment, air quality, public safety and goods movement, all of which this project would. The City's representatives will be forwarding information to these offices approving these considerations. Senator Boxer's staff will be primarily writing the funding bill for next year and she and staff members look forward to MARCH 17, 2009 PAGE 13 CITY COUNCIL working with her staff to remind them of the importance of this project and stress the importance of goods movement. M/Everett congratulated Coach John Jones and his team members. The regional Spelling Bee was outstanding with many outstanding volunteers and supporters. He named the eight D.B. students who participated and winner George Liu who will participate in the Scripps National Spelling Bee. He encouraged everyone to participate in the Neighborhood Watch Program. He thanked residents for their input tonight. He said he was convinced that there were five independent -thinking Council Members who were 100% dedicated to the City of D.B. RECESS: M/Everett recessed the Regular City Council Meeting to Closed Session at 9:48 p.m. 9. CLOSED SESSION: 9:55 p.m. — Room CC -8 00. Government Code Section 54956.9 (c) - Initiation of Litigation — Two Cases 10Government Code Section 54956.9(a) — Pending Litigation — One Case — Ayad, et al v. Diamond Bar: Case No. BC347013 Public Comments on Closed Session Items: Alex Toh, 233 La Bonita Rd. RECONVENE: M/Everett reconvened the Regular City Council Meeting at 12:00 a.m. CA/Jenkins reported that the Council took the following actions: Regarding a Potential lawsuit by Contract Cities Against the County of Los Angeles arising from unauthorized withdrawals from the Liability Trust Fund, the City Council approved execution of a Tolling Agreement to extend the applicable statute of limitations for one year, until March 2010 in order to allow the parties to continue negotiating a possible settlement. Regarding the proposed NFL Stadium in the City of Industry, the City continues to work with all parties to identify and mitigate all the impacts of the proposed NFL Stadium Development Project proposed by the City of Industry and Majestic Realty. While there has been progress in recent weeks, the process of addressing all of the City's concerns and ensuring the appropriate, and legally enforceable mitigation measures are in place has not concluded. So to protect the interests of the City and its residents, the City Council has authorized the City Attorney and the City's Special Counsel to obtain an agreement extending the applicable statute of limitations so as to preserve our right to file suit and to authorize the City Manager or the Asst. City Manager to execute same, and if the City is unable to negotiate such an agreement, to initiate litigation against the MARCH 17, 2009 PAGE 14 CITY COUNCIL City of Industry and Majestic Realty. ADJOURNMENT: With no further business to conduct, M/Everett adjourned the regular City Council meeting at 12:03 a.m., March 18, 2009. TOMM E CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 7th day of April , 2009. 222 RON EVE ETT, MAYOR