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HomeMy WebLinkAbout04/07/2009 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 5, 2009 CLOSED SESSION: STUDY SESSION: 5:30 p.m., Room CC -8 None CALL TO ORDER: Mayor Everett called the regular City Council meeting to order at 6:53 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that there were no public comments and that no reportable action was taken on the three Closed Session items. Closed Session was adjourned at approximately 6:45 p.m. PLEDGE OF ALLEGIANCE: Council Member Tye led the Pledge of Allegiance. INVOCATION: James Price, Sr. Pastor, Diamond Canyon Church, led the invocation. ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Herrera and Mayor Everett. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Linda Magnuson, Finance Director; Greg Gubman, Acting Community Development Director; Ryan McLean, Assistant to the City Manager; Kimberly Molina, Associate Engineer; Anthony Santos, Management Analyst; Cecilia Arellano, Public Information Coordinator; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Mayor Everett proclaimed May as Water Awareness Month and presented a proclamation to Walnut Valley Water Board President Ed Hilden, Board Member Ling Ling Chang and General Manager Mike Holmes. BUSINESS OF THE MONTH: 1.2 Mayor Everett presented a plaque to Shannon Holley owner of Island Tan and Spa as Business of the Month for May 2009. MAY 5, 2009 PAGE 2 CITY COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 WATER UPDATE BY WALNUT VALLEY WATER DISTRICT GENERAL MANAGER MIKE HOLMES. Mike Holmes, General Manager with Walnut Valley Water District presented a PowerPoint presentation on the status of water conditions in California and the San Gabriel Valley. 3. PUBLIC COMMENTS: Desiree Lee, the new Community Library Manager at the D.B. Library introduced herself and stated that she was happy to be back and thanked the City for its support. Steve Offing, 228 EI Vado Rd., stated that the oil wells between Diamond Bar and Brea did not appear to be pumping, and is concerned about the developer who wants to build homes in the area. Cathy Chavez, 300 S. Rock River Rd., said she was concerned about the Golden Spgs. Traffic Calming Project in her neighborhood. She stated that it doesn't appear that the traffic mitigation is effectively slowing down speeding traffic. She also stated that there are no warning signs about the speed humps and that the cars tend to hit them hard. She was also concerned about water conservation on the median on Sunset Crossing Rd. and Prospectors Rd. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano stated that with respect to the Prospectors Rd. and Sunset Crossing Rd. Neighborhood Traffic Mitigation, the project is still under construction. The landscaping theme will be similar to what was recently placed on Grand Ave. and will use recycled water. He said he would send the Public Works Department out to look at the area to make sure it is safe. The second speaker referred to a postcard he received about a possible construction which is most likely the AERA Energy project that came to the City's attention in 2006. In May 2008 a letter was prepared by the City to AERA Energy that outlined a number of problems that staff and the City's consultants asked to have addressed. There have been no significant discussions since that time and D.B. has not been engaged in this project for more than a year. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Fire Service Day — Saturday, May 9, 2009 — 10:00 a.m. to 5:00 p.m. The public is invited to come and learn more about the services of the Fire Department. MAY 5, 2009 PAGE 3 CITY COUNCIL 0 5.2 Planning Commission Meeting — May 12, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 Traffic and Transportation Commission Meeting — May 14, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.4 City Council Meeting — Tuesday, May 19, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 Diamond Bar/Walnut Sheriff's Station Open House — May 30, 2009 —10:00 a.m. to 3:00 p.m., 21695 E. Valley Blvd., Walnut. CONSENT CALENDAR: C/Tye moved, C/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 6.1 CITY COUNCIL MINUTES: Chang, Tanaka, Tye, MPT/Herrera, M/Everett None None (a) Study Session Meeting of April 21, 2009 — Approved as submitted. (b) Regular Meeting of April 21, 2009 — Approved as submitted. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES for the Regular Meeting of March 26, 2009. 6.3 RATIFIED CHECK REGISTER — Dated April 16, 2009 through April 29, 2009 totaling $620,576.16. 6.4 APPROVED TREASURER'S STATEMENT — Month of March 2009. 6.5 ACCEPTED WORK PERFORMED BY TAMANG ELECTRIC FOR CONSTRUCTION OF THE EMERGENCY GENERATOR AT DIAMOND BAR CENTER; DIRECTED CITY CLERK TO FILE THE NOTICE OF COMPLETION AND RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION. 7. PUBLIC HEARINGS: None MAY 5, 2009 PAGE 4 CITY COUNCIL 8. COUNCIL CONSIDERATION: 8.1 CONSIDERATION AND ADOPTION OF FY 2009-2010 CITY COUNCIL GOALS AND OBJECTIVES. CM/DeStefano reported that each year staff assists the City Council in considering its fiscal year budget items. Tonight staff presents the Fiscal Year 2009-2010 City Council Goals and Objectives for consideration and adoption. Asst. to the CM/McLean stated that many of the goals and objectives are multi-year items that require continual planning and implementation. He itemized the topics: 1) Traffic Mitigation; 2) Fiscal Responsibility and Economic Development; 3) Communication; 4) Other Items and 5) Completion of Projects. He also stated that once approved, the document would be posted on the City's Website. MPT/Herrera said she appreciated staff's work and advised the public that over the past several weeks the City Council has worked with staff to complete this document. With no one present who wished to speak on the matter, M/Everett closed Public Comments. MPT/Herrera moved, C/Tanaka seconded, to adopt City Council Fiscal Year 2009/2010 Goals and Objectives. 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 RECESS: M/Everett recessed the Regular City Council Meeting to the Redevelopment Agency Meeting at 7:48 p.m. RECONVENE: M/Everett reconvened the City Council Meeting at 7:54 p.m. 9 COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka said he attended the Senior Tea, the Arbor Day Presentation, Teddy Bear Tea and Silent Auction; and the Mother's Day luncheon at the Senior Club. He wished all the mothers a Happy Mother's Day. MAY 5, 2009 PAGE 5 CITY COUNCIL C/Chang spoke about the devastating fires in Santa Barbara and reminded everyone to remain on alert and to cut the weeds around their homes and on the hillsides. He reported on the number of citations issued to residents who violated City Codes. He stated that in March 207 graffiti sites were mitigated at a cost to the City of $5,200. C/Chang also reported that he had attended the Mother's Day event at the Seniors Club this morning and wished everyone a Happy Mother's Day. C/Tye welcomed Desiree Lee to her new position with the D.B. Library. He congratulated the Walnut Valley Education Foundation on their 13th Annual Teddy Bear Tea. He also congratulated Mrs. Tye on being named the Teacher of the Month for April at Diamond Ranch High School. C/Tye stated that it was a privilege to meet with members of the Walnut Valley Unified School District Board and invited residents to join him at the D.B.H.S. Casino Night. C/Tye then requested that M/Everett adjourn tonight's meeting in memory of 29 year old Jennifer Meister. MPT/Herrera spoke about the 57/60 interchange fix and her meeting with Elizabeth Delgado with Sen. Feinstein's office to impress upon them the importance of this project for the region. Tomorrow she will join the City of Industry in again meeting with MTA on this issue. Foothill Transit, OCTA and MTA provide bus service for D.B. Foothill Transit recently authorized the purchase of three electric powered buses and wayside equipment in an effort to provide cleaner air. She thanked Mr. Holmes for speaking to the Council and residents concerning the conservation of water and suggested he be invited back in a couple of months to provide an update. M/Everett said he too attended the meeting with Elizabeth Delgado with Sen. Feinstein's office to discuss upcoming Federal Transportation Bill MAP21. He joined C/Tanaka at the Arbor Day festivities and presented a $50 Gift Certificate to the winning poster contestant. He thanked Audrey Hamilton for her dedication to the City through the Vector Control Agency and education to the City's youth. He reported that during the last Council meeting, Council proclaimed National Crime Victims Awareness Week and that he presented a proclamation to the Director of the Department of Corrections. M/Everett announced that at the next meeting Council will be presenting a proclamation to all three fire stations in D.B. and reminded everyone to help "fill the boot" for MDA at Grand Ave. and Diamond Bar Blvd. on May 14, 15 and 16. ADJOURNMENT: With no further business to conduct, M/Everett adjourned the City Council meeting at 8:12 p.m. in memory of Jennifer Meister. TOMMY CRIBBINS, CITY CLERK MAY 5, 2009 PAGE 6 CITY COUNCIL The foregoing minutes are hereby approved this 19th day of May , 2009. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 7, 2009 CLOSED SESSION: 5:00 p.m., Room CC -8 ► Government Code Section 54956.9(c) – Initiation of Litigation, One Case Public Comments on Closed Session Agenda – None offered. STUDY SESSION: 6:00 p.m., Room CC -8 ► Goals and Objectives - Discussion and Action – Continued to April 21, 2009. Public Comments: None Offered. CALL TO ORDER: Mayor Everett called the regular City Council meeting to order at 6:31 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that during tonight's Closed Session no reportable action was taken. — PLEDGE OF ALLEGIANCE: Mayor Everett led the Pledge of Allegiance. INVOCATION: Center gave the invocation. Dr. Ahmad H. Sakr, Ph.D, Islamic Education ROLL CALL: Council Members Wen Chang, Jack Tanaka, Steve Tye, Mayor Pro Tem Carol Herrera and Mayor Ron Everett. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Linda Magnuson, Finance Director; Greg Gubman, Acting Community Development Director; Ken Desforges, IS Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, 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 C/Tye presented Certificates of Recognition to D.B. Students and teacher coordinators who participated in the 2009 Inland Valley Regional Spelling Bee sponsored by the Diamond Bar Friends of the Library. APRIL 7, 2009 PAGE 2 CITY COUNCIL 1.2 MPT/Herrera proclaimed the month of April 2009 as "DMV/Donate Life California Month" and presented the proclamation to Sabrina Ho. 1.3 C/Tanaka proclaimed the month of April 2009 as "Sexual Assault Awareness Month" and April 22, 2009 as Denim Day." With no one present to accept, it was announced that the Proclamation would be mailed. 1.4 C/Chang proclaimed April 12-18, 2009 as "National Library Week" and presented the Proclamation to Judy McCasland, D.B. Librarian. Ms. McCasland presented the Mayor with a book that he would be reading at the library. NEW BUSINESS OF THE MONTH: 1.5 M/Everett presented a Certificate Plaque to Dr. Ta Siu, for East 180 Cuisines of China, 23525 Palomino Dr., as New Business of the Month for April 2009. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None offered. 3. PUBLIC COMMENTS: Don Sutton, 1107 North Moonlight Summit Dr., asked what was being done about the landslide at Sunset Crossing. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responded to Mr. Sutton that since the property suffered damage it remains in disrepair as a result of pending litigation which is now drawing to a conclusion. Once the litigation concludes staff anticipates that the homeowners, who are ultimately responsible for the repair of the hillside, would come together to develop a project to restore the property to its former state. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Traffic and Transportation Commission Meeting — April 9, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.2 Easter Egg Hunt — April 11, 2009 — 10:00 a.m., Pantera Park, 738 Pantera Dr. with Pancake Breakfast at 8:30 a.m. 5.3 Planning Commission Meeting — Tuesday, April 14, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.4 City's 201h "Spirit of Diamond Bar' 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. APRIL 7, 2009 PAGE 3 CITY COUNCIL 5.5 City Council Meeting — April 21, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Tye moved, MPT/Herrera seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS 6.1 CITY COUNCIL MINUTES: Chang, Tanaka, Tye, MPT/Herrera, M/Everett None None (a) Study Session of March 17, 2009 — Approved as submitted. (b) Regular Meeting of March 17, 2009 — Approved as submitted. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES: (a) Special Meeting of February 23, 2009 (b) Regular Meeting of February 26, 2009 6.3 RATIFIED CHECK REGISTER — Dated March 12, 2009 through April 1, 2009 totaling $1,724,727.86. 6.4 APPROVED TREASURER'S STATEMENT — Month of February 2009. 6.5 ACCEPTED $10,016 DONATION FROM THE DIAMOND BAR COMMUNITY FOUNDATION AND APPROPRIATED $10,016 TO THE RECREATION SERVICES CAPITAL EQUIPMENT BUDGET FOR FISCAL YEAR 2008/09 FOR PURCHASE OF FOUR (4) PITCHING MACHINES TO BE USED IN THE BATTING CAGES AT PANTERA AND PETERSON PARKS. 6.6 APPROVED BUDGET ADJUSTMENT SHIFTING FUNDING SOURCES FOR PHASE II AND PHASE III OF THE SYCAMORE CANYON PARK TRAILS PROJECTS RESULTING IN $65,062 OF PROPOSITION 12 FUNDS FOR PHASE II AND THE SAME AMOUNT OF PARK DEVELOPMENT FUNDS FOR PHASE III. 6.7 APPROVED NOTICE OF COMPLETION FOR THE 2008/09 COMMUNITY DEVELOPMENT BLOCK GRANT CURB RAMP INSTALLATION PROJECT IN THE VICINITY OF NEIL ARMSTRONG ELEMENTARY SCHOOL. APRIL 7, 2009 PAGE 4 CITY COUNCIL 6.8 APPROPRIATED $25,000 FROM THE TRAFFIC IMPROVEMENT FUND AND APPROVED CONTRACT AMENDMENT WITH -- SASAKI TRANSPORTATION SERVICES, INC. IN THE AMOUNT OF $25,000 FOR PROFESSIONAL SERVICES RELATED TO THE STATE ROUTE 57/60 FREEWAY CONGESTION RELIEF STRATEGY. 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 CONSIDERATION OF SETTLEMENT AGREEMENT WITH THE CITY OF INDUSTRY REGARDING THE 2008 REVISED INDUSTRY BUSINESS CENTER DEVELOPMENT PROJECT (NFL STADIUM BASED DEVELOPMENT PROJECT). CM/DeStefano made a PowerPoint presentation summarizing the proposed settlement agreement detailing the commitments the City of Industry must do to mitigate the impacts of the proposed project and provide additional community benefits including resources for traffic mitigation, community and recreation facilities and programs, reimbursement of the City's project -related legal fees as well as additional benefits. He then went on to provide a brief of history of events surrounding the EIR. CM/DeStefano stated that during the March 17, 2009 D.B. City Council meeting, the City Council authorized the City Manager and City Attorney to enter into a tolling agreement with the City of Industry and the Industry East Business Center to extend the deadline for filing litigation. On March 26, 2009 the City of Industry's City Council approved the tolling agreement extending the time period on which D.B. may file a lawsuit from March 30, 2009 to April 23, 2009. Also at the same meeting, the City of Industry approved a proposed Settlement Agreement with the City of D.B. The purpose of the tolling agreement is to protect D.B,'s right to initiate litigation while D.B. considers the proposed Agreement with the City of Industry. The Settlement Agreement is intended to secure the mitigation of project impacts as well as provide additional benefits to D.B. CM/DeStefano stated that tonight the City Council is presented with three options: 1) to direct legal counsel to initiate litigation; 2) approve the Settlement Agreement as proposed; 3) continue the matter to a later date. CM/DeStefano then went into detail, explaining each option and outlined the following items within the - proposed Settlement Agreement that would directly benefit D.B. APRIL 7, 2009 PAGE 5 CITY COUNCIL 1) A traffic mitigation fund in the amount of $20 million to mitigate traffic issues generated by the stadium based development within the City. 2) Public Safety Impacts mitigation 3) Noise and Light Impacts mitigation 4) D.B. Community Facility Fund funded by Industry 5) Recreation Facilities Fund of $1 million for creation of a new athletic field at Lorbeer Middle School 6) Protection of a minimum of 5 acres for future development (former Honda site) and possible conveyance of an additional 1.3 acres to the City of D.B. 7) Most Favored Entities Clause 8) Reimbursement of Legal Fees up to $300,000 for legal and consultant fees. The provisions described within the Agreement only arise if Industry commences and proceeds with the development of the so-called 2008 revised IBC Plan which incorporates the NFL Stadium or any other substantially comparable plan of development. In exchange for the Settlement Agreement, D.B. agrees not to sue Industry or the Industry East Business Center or support any other legal challenge concerning the 2004 development proposal or the 2008 development proposal and mutual releases expected should the settlement agreement be approved. Staffs recommendation is to approve the Settlement Agreement subject to receiving the Mutual Release from the Industry Urban Development Agency. Since the initial announcement of the City of Industry project, the City of D.B. has vigorously communicated its concerns to the City of Industry and has actively participated in the process in order to protect the residents of D.B. from the impacts of the proposed project. Recognizing the project's size and scope, D.B. has remained engaged in the process at every step providing on -the -record correspondence and testimony outlining issues of concerns to the community. The City of D.B. has engaged expert consultants and outside legal counsel to help guide it through the process and protect its legal position. Extensive information regarding the proposed project has been made available at D.B. City Hall and on the City's Website for more than a year. D.B. has kept all options open at all times so that the City could consider and take action determined by the City Council to be the best and most prudent to protect and serve the D.B. residents. City of Industry's willingness to enter into negotiations with D.B. demonstrates their understanding of the proposed projects' impacts upon D.B. and the needs of the D.B. community. The agreement provides mitigation of impacts and revenue-sharing not specifically required by the EIR. The terms of the agreement will ultimately benefit the City of D.B. and its residents for generations. City and their legal staff have APRIL 7, 2009 PAGE 6 CITY COUNCIL negotiated the settlement agreement that is being recommended to the City Council in considerable detail. The agreement has been approved by the City Council of the City of Industry. It should be noted that any proposed modification to the agreement would provide the City of Industry with an opportunity to change any of the obligations to which they have already agreed. In reviewing the relative merits and disadvantages of suing versus settling as discussed, staff recommends approval of the settlement agreement as submitted as it provides for enhanced mitigation measures and significant long-term benefits to the residents of D.B. M/Everett opened the meeting for Public Comments: Cecilia Bolbolian, 309 N. Pintado Dr., cited the City's General Plan as being opposed to the spirit and intent of the proposed project and asked the Council to fight for the City's vision and to litigate and not mitigate. Grace Lim -Hays, 21323 Cottonwood Ln., said she was very disturbed about this proposal and asked the Council to please litigate for a new EIR. Ling -Ling Chang, 3232 Bent Twig Ln., an active and long-time resident, said that based on observations and logic, the project is in the City of Industry and the residents cannot forget the choice is not between a stadium or an empty lot, it is between an already approved project that will generate more daily traffic than the stadium's 35 game days. At this juncture, the stadium will be built whether residents want it or not. From her perspective the City has two choices: 1) lose $300,000 in attorney's fees just to delay the project; or 2) get everything proposed in the settlement agreement. Either way, the stadium will be built. She felt the residents should compare the proposed stadium to The Rose Bowl rather than to The Forum. She felt the benefits would outweigh the negatives. Virginia Pina, 23433 Robinbrook PI., said she supported the NFL Stadium project. Frank Satullo, 20949 Ambushers, supported the Council's decision and commended the Council for its good decision despite the threats and character assassinations by outside influences that are not in the best interest of this community. He resented the interference of people from other cities who promote their agenda's during D.B. City Council meetings. He has known MPT/Herrera since they were neighbors in 1966 and he has great respect for her and knows that she has dedicated herself to the best interests of the community she serves. People can have differing opinions on APRIL 7, 2009 PAGE 7 CITY COUNCIL matters of concern and should respect others' opinions and not resort to character assassinations. John Forbing, Charwood PI., said he is proud of his community and believes the Council has done a good job recently and he too believes in mitigating and not litigating. Litigation is the most ridiculous thing the City can do. He complimented CM/DeStefano and his staff for the wonderful job they have done in negotiating this settlement and hoped the Council would vote yes on this matter tonight so that the community could move forward for the good of its youth. Tom Ramos, 1028 Jason PI., said he felt this project was much needed for the community and congratulated everyone involved. Robert Hunt, 1750 Ano Nuevo Dr., spoke in favor of the stadium project and said he was proud of the Mayor and City Council. Kiran Saluja, 21240 Sunwood Dr., thanked the Council for patiently listening to speakers and wished the Mayor and Council the best. — On February 27 the Council posted on the City Website a message that they were opposed to the project until the concerns were mitigated to the City's satisfaction. She has studied this matter and feels there is a lot more room for negotiations. She did not understand the noise mitigation portion of the proposal. The citizens are still concerned and felt the City was correct to litigate and should continue to litigate fora better settlement. Raul Galindo, 1252 Blenarm Dr., thanked and commended the City staff for doing a great job on the settlement which he supported. He said he was in favor of the NFL and the stadium project that would revitalize the City. Fred Encinas, 610 Skyline Dr., felt that the City's staff and Council had done a great job in mitigating this settlement. At the same time, there are items that have been negotiated that should have a base CPI increase. He suggested that banners be placed throughout the City to advise residents they have time to comment before the next Council meeting. Eileen Ansari, 1823 Cliffbranch Dr., thanked Council and staff for working on the beginnings of mitigation. She is not opposed to the project but does not 'favor the project until mitigation is completed. She said she was concerned about what type of events would be acceptable and she too wondered about tailgating; the number of people that would be entering and exiting the stadium and how the noise mitigation woult be addressed. She wondered if there would APRIL 7, 2009 PAGE 8 CITY COUNCIL be a limit on alcohol consumption and rowdiness. She felt $20 million would not mitigate the traffic. She urged the Council to continue this matter for further consideration. Caltrans may not contribute to this project and D.B. may be asked to pay a portion of the bill. Dr. Ron Sigler, 22839 Dry Creek Rd., referred to a front page article in the San Gabriel Valley Tribune about the street closure and evacuation of some businesses due to a gas leak on Valley Blvd. within a few blocks of Grand Ave. A 1998 traffic study indicated 19,000 people would use the street daily and he was sure the figures were much higher today. No mention was made about traffic moving in and out of D.B. What will happen to the peace and quiet of the City and what affect will lighting have on its citizens. He asked the Council not to sell out the beauty, peace and quiet of D.B. for the commercial whims and greed of the City of Industry. John Semcken, Vice President, Majestic Realty, development partner in charge of the NFL stadium project in the City of Industry, said that over the past several months he has been very involved with the citizens and staff of D.B. He and his staff have given dozens of presentations to community groups, business organizations, concerned citizens, charitable organizations, social organizations, politicians and members of the . D.B. staff. During every presentation the common theme was "how do we turn the proposed stadium project into a win-win for D.B. and the City of Industry and Majestic. As always, the greatest concern was traffic impacts from the project and the quality of life for the people of D.B. Majestic received hundreds of pages of comments to the SEIR and recommendations on how to improve the project and decrease the impacts on the City. Majestic has worked very closely with City staff and congratulated the City on the quality of its staff and the Council for having the political courage to trust that staff will properly analyze and then forcefully negotiate on behalf of the Council and the citizens of D.B. Staff has estimated the cost of the improvements and has ensured that the money will be there when the improvements are constructed. Finally, staff negotiated ongoing benefits for the City, its citizens and its programs that will grow as the project grows. The plan that was put into action over a year ago for ensuring the proper environmental impacts were analyzed, studying the Draft SEIR, providing comments and negotiating a settlement to ensure that the mitigations were in place to handle the impacts of the project is a model for cities throughout California. The citizens of D.B. should be proud of their elected officials and their staff for ensuring that impacts of the project will be mitigated and that the City of D.B. will benefit for years to come. He encouraged Council to validated staff's hard work and vote to APRIL 7, 2009 PAGE 9 CITY COUNCIL approve the settlement agreement. Todd lsackson, 3040 La Paz Ln., urged the Council to initiate litigation and bring the City back to its current quality of life. He does not believe the NFL would be happy to see all of the opposition to the proposed project. Mitchell Haimov, 21715 Santaquin Dr., read from the City's Legal Counsel's letter outlining concerns with the EIR. He stated that CM/DeStefano did not address the fact that anything in the proposed settlement agreement would resolve those problems. Counsel made it clear that there are pervasive troubling problems with the CEQA process for the proposed statement. Tonight the Council would reach agreement that would eliminate its objections to the proposed project in exchange for minor re-routing of Old Brea Canyon Road, a wall, a berm, other minor things and many millions of dollars. The proposed settlement is entirely inadequate to mitigate the horrendous traffic impacts that even the flawed CEQA document admits will result from the stadium project and does not even begin to address many of the other significant impacts identified in the document. Therefore, because he felt the stadium would adversely and permanently affect the quality of life in D.B. asked the Council to please support Walnut in their lawsuit rather than undercutting them. Tamara Otting, 228 EI Vado Rd., respectfully requested that the Council vote against the proposed stadium. She said she was concerned about traffic and the safety of her children. $20 million is not a very substantial amount in this economy. D.B. was established in 1989 and has been fine without professional sports money. If D.B. needs money then the community needs to come together to provide the funds as it has done over the years. D.B. will lose its charm as one of the top ten cities. It is the Council's responsibility to do what is right for the citizens of this community and it should look beyond the temporary fix of $20 million. Peter Pirritano, 918 Terrace Lane West, spoke in support of the proposed stadium and in support of the City's due diligence on behalf of the citizens and families of D.B. He encouraged completion of the settlement agreement that would benefit the City of D.B. and its residents. It is the Council's leadership and commitment that has made D.B. the great community that it has become and Council Members can count on his vote at the next election. Reverend Ted Meyers, 671 Great Bend Dr., spoke in opposition to the stadium. APRIL 7, 2009 PAGE 10 CITY COUNCIL Richard Toombs, 760-D N. Golden Springs Dr., spoke in favor of the NFL Stadium. Gene Doss, 23806 Chelame Dr., reiterated his support for the proposed stadium and felt the proposed agreement was more than generous. He hoped the Council would support the agreement in consideration of the majority of residents who supported the stadium. Lorna Tate Wilson, 556 Great Bend Dr., thanked CM/DeStefano and his staff for the agreement and said she supported the stadium and recreation support for Lorbeer Middle School. She has children who are actively involved in sports in the area and it would be nice to have investment in the City's youth. George Davidson, 2342 E. Wagon Trail Rd., stated that he canvassed his neighborhood handing out more than 200 flyers asking residents to attend tonight's Council meeting. He found that about 60-70% of residents were absolutely in support of the project and the other 30-40% said they were not against it, but were concerned with the traffic issue. From personal observation the vast majority of citizens are in support of the stadium project. William Bryan, 3 Rancho Vista PI., Phillips Ranch, serves on the D.B. YMCA Board, Jr. All-American Football Program Board and coaches baseball, basketball, football and track in the City. He also has children that attend school in D.B. and at Lorbeer Middle School. While traffic is a problem in southern California he knows that growth is occurring. He felt it was very important to support the kids and that studies show that elementary activities are going away. The YMCA is working hard to raise money to hold physical education classes in 28 schools because kids need that kind of activity. If D.B. can get more support for Lorbeer stadium and other schools and parks, we believe we can help the kids be healthier. He thanked the Council for all it is doing for the community. Kim Chapman, 22713 Happy Hollow Rd., thanked Council for its hard work. This is about the kids and their future. She stated that it sounds to her like Majestic is a very nice company but one cannot compare D.B. with the blighted downtown LA. She said she was not against the stadium and did not promote litigation but she does not believe this project has been mitigated. She urged the Council not to sign the agreement and instead force the City of Industry to do the right thing. APRIL 7, 2009 PAGE 11 CITY COUNCIL Michael Brown, 733 Bonnie Claire, Walnut spoke in favor of the proposed project and its benefits to the community and the youth. He said he was amazed by staff's ability to come up with this type of agreement. Reon Moag, 21719 Lost River Dr., said that things and times change and he is glad that the City is represented by this Council acting on behalf of the residents. He believes the Council will take the information provided by staff and apply it in a very just manner for the good of the community. He also represents San Gabriel Valley Jr. All-American Football and felt everyone could benefit from the use of the stadium in some way including the money that would be available to the youth from this agreement. Edmond Bolbolian 309 N. Pintado Dr, said he was disturbed by the slide program presented by staff in an attempt to sell to the community of D.B. a project that would negatively impact the City over the long term. He believed that all efforts to stop this project were futile but at least D.B. could demand that a new EIR be submitted by an unbiased agency in order to determine the true affect on the community. Lew Herndon, 22853 Rio Lobos Rd., speaking as a private citizen said he has concerns about the stadium. He and his neighbors live on a hill that has direct line -of -site to the stadium and will be subjected to extreme light and sound from the stadium. He proposed that the Council negotiate a curfew of 11:00 p.m. to be placed on loud noise and extreme lighting at the stadium. He hoped the stadium would plant hundreds of trees to help with air quality. The City of D.B. is extremely deficient in parkland and sports fields. Representatives for the stadium have repeatedly stated that they "intend" to build a place that would accommodate the City's youth sports program. As the Council is aware, D.B. has been working on updating the Parks Master Plan. He believed the City should press the stadium owners to commit in writing what they will do for the children on their property provided the stadium is built. He is pleased in general with the negotiations to date and would like to see the aforementioned minor refinements added. Sam Guillaume, 505 Navajo Springs Rd., said he has heard good arguments on both sides of the issue this evening and is in support of the project. Nef Cortez, 947 S. Longview, said he was in support of the Council individually and as a group because it has served first and foremost the interest of D.B. The settlement agreement addresses most of the issues that are of concern to the residents and he commended APRIL 7, 2009 PAGE 12 CITY COUNCIL staff for negotiating a good agreement. He urged support of the settlement agreement this evening. - - Andrew Wright., 527 Deep Hill Rd., said he realized the project would move forward but was concerned about the mitigation of pollution during construction, especially for residents who live immediately adjacent to the project. He requested that the Council postpone their vote and attempt to contact some of the residents to let them know what is happening. He felt that burglaries and traffic would increase and read statistics about incidents related to stadium attendees. Jim Hays, 21323 Cottonwood Ln., spoke about how the type of fans attracted to events held at the stadium would damage the City and said that residents were not aware of the ramifications of the proposed stadium. He felt citizens had not been adequately informed about this project and that the Council Members were elected to represent all of the people of D.B., not just the few that would benefit from youth sports. He asked the Council to postpone their decision and use the City News to inform the residents about this issue. Andrew Wong, 901 Golden Spgs. Board President of the Pomona Unified School District thanked D.B. liaisons Jack Tanaka and M/Everett for attending school board meetings to keep the Board updated about City events. During discussions with parents and school groups the benefits for schools and students in D.B. and Pomona are seen through the money that goes to Lorbeer for field improvements that will increase the use and benefit to students. With respect to the Stadium, the school district has looked into and is exploring partnerships with Majestic and the City of Industry with respect to the use of other fields at the stadium site so that PUSD students will be able to use those sites for their activities as well. He urged the City Council to adopt the settlement agreement. Vinod Kashyap, 21452 Chirping Sparrow, stated that he was impressed at the quality of the analysis that CM/DeStefano and his staff have done on this issue and on that basis he would recommend that the Council vote for the agreement. Don Sutton, 1107 North Moonlight Summit Dr., said he was opposed to the stadium because it would create traffic nightmares for the City. Mike Shay, 1042 Capen Ave., said it looks like this project is almost - a done deal and he commended the City Council Members for their cooperation, compliance, commitment and most importantly for APRIL 7, 2009 PAGE 13 CITY COUNCIL their common sense and overall professionalism. He also commended Majestic Realty and the City of Industry for their cooperation, their commitment and professionalism and that their word is good and they will stand behind their commitments to D.B. Ron Clark, 20940 Ambushers St., Board Member for the Pacific Crest Drum & Bugle Corps, said his organization is very supportive of Majestic Realty and their foundation that supports and helps many community organizations and non-profit groups. Carolyn Elfelt, 21119 Silver Cloud Dr., congratulated the City Council on the agreement before them tonight for the proposed NFL Stadium. Since moving to D.B. in 1980 traffic has continued to increase and since the opening of Grand Ave. the residents have lived with hundreds of thousands of cars passing through the City and there has never been a source of income to mitigate traffic until now. She also serves on the Walnut Valley School Board and that in addition to having traffic mitigation the students of Lorbeer and the children of the entire community who use the Lorbeer field will all benefit from the funding thanks to the efforts of the City's - negotiator. This is a perfect example of how schools benefit when cities, areas and regions prosper. She sent kudos to staff under the leadership of CMIDeStefano for providing the Council with this excellent agreement. Karen Wade, 4395 Palo Cedro Dr., has been involved with the Girls' Softball League for many, many years and understands the problems the City is having with its parks and recreation procuring money for the City. However, she is disappointed and sad that she may be looking at a parking lot. She wanted the City Council to postpone its vote until the residents are told what is going on. Ronni Levine, 2173 E. Buckskin, Walnut, and D.B. business owner, said she was very concerned about the traffic that would seriously impact her business and that most of the concerns about this project have not been addressed in the settlement agreement. Lydia Plunk, 1249 S. Diamond Bar Blvd. PMB 194, said that the City has the opportunity with a project of this magnitude to receive financial assistance and should not let it go by the wayside. She felt that anything the City could do to soften the impacts would be appreciated. The project is good for this area and if this project is delayed it may be lost. Unless the City Council believes it can get a better deal it should adopt the resolution. APRIL 7, 2009 PAGE 14 CITY COUNCIL With no further comments being offered, M/Everett closed the Public Comment portion of the item. MPT/Herrera thanked the 42 individuals who spoke and made their concerns known to the Council. She completely understood many of the concerns. She understands those who are frustrated with too many cars — they want the quiet rolling hills, the country living that is in the Vision Statement. She stated that in 1966 when she moved to D.B. that was the situation. There were 7,000 people who lived in D.B. and there was no Diamond Bar Blvd., there was no Grand Ave., there was no 57 freeway and there was no 60 freeway. It was beautiful. Residents saw the rolling hills, heard the long -horn cattle crashing their horns as dusk fell. D.B. finds itself in the middle of a major transportation corridor — a goods movement corridor. We are located where we are located. We have the 57 and 60 freeways, two major freeways that dissect this community. 350,000 cars pass through that intersection every day. You see the trucks; you see the trucks with the containers. Our region is growing and in the southern California area, particularly the San Gabriel Valley. In 15 years there will be another 10 million people who will live in California and most in southern California because that is where the better jobs are; that is where the more affordable housing is. Actually, the more affordable housing is in San Bernardino and Riverside Counties but the better paying jobs are in Orange County and so people and cars will continue moving through the 57/60 corridor. Vehicles will still cut through D.B. and we will still have major accidents on the freeways and cars will still come down Diamond Bar Blvd. to avoid the accident. D.B. is impacted and will continue to be impacted with or without the stadium because of the changes that are happening — changes that D.B. cannot control and residents cannot control. The best that D.B. can do is to try to work with those who can help us make the changes better by focusing on working with federal and state legislators to get funding to fix the 57/60 interchange allowing traffic to move more smoothly through the area and not impact this community. Some people want the City Council to file a lawsuit believing that will be the end-all action that is required to stop this project. It will not stop the project. To file a lawsuit forces the City of Industry to complete a new EIR which they will and then they will build the project. Meanwhile, D.B. loses all of the negotiation items that your representatives have worked on and gathered to date — the items that are on tonight's agenda for approval. D.B. would end up being the big loser should it take that course of action. This is a project that is located in another City — it is not within the City limits of D.B. D.B. does not own the beautiful rolling hills on the other — side of the freeway that everyone enjoys. D.B. does not own it and neither to the residents. It is owned by a private entity that has a APRIL 7, 2009 PAGE 15 CITY COUNCIL right given by California Courts to develop its property. And if there is no stadium there will be a development on that property. The EIR has been approved, it was approved in 2004. There will be a project. And that project brings thousands more cars than what the stadium will bring. It will bring trucks. The new development will be a development park with warehouses and there will be trucks delivering goods and with their motors idling which will put more noxious fumes and pollution and more noise in the air. Certainly, that does not seem to be something that would be good for the community. Anyway you look at this situation, a project is coming. There is no way to stop it. What the City Council and the City has in front of it at this point in history is a settlement agreement — an agreement to mitigate the impacts. No one is trying to fool the residents. D.B. will be impacted. When you negotiate you try to negotiate the best settlement possible recognizing that there will be impacts. All of the concerns that were mentioned today were talked about in the negotiations. And the negotiations did not just happen in a week. The City's Chief Negotiator, CM/DeStefano has done an outstanding job. He is one of the most knowledgeable planners in the San Gabriel Valley region. So with his knowledge, experience - and expertise he thought about all of the things that were mentioned and tried to negotiate those. What is before this Council and its citizens today is what the City has agreement on — an agreement insofar as the City Council of the City of Industry has already approved. All that is needed is for D.B. to approve the agreement. She said she believed it was a good agreement and the City Council should take action to approve the agreement. It brings a lot of dollars to the City of D.B. Some individuals said "well, it only brings $20 million". No, that is not all that it brings. It is a minimum of $700,000 for the youth in D.B. Someone else mentioned there should be a CPI inflation factor — well, there is an inflation factor and it will not be on the CPI because some years it may be higher so every five years it will be looked at and increased. And so it has the potential to bring the City well over a million dollars a year for as long as the stadium is there. At this point there will be a 30 -year lease for the stadium. D.B. has a Parks Master Plan and unfortunately the City has not been able to fund everything in the Parks Master Plan. D.B. has a Youth Master Plan. This Council and staff care very much about its community, its youth, its parks and the City is trying to fund them but the City does not have all of the money it needs to do so because the City does not get a lot of sales tax revenue. D.B. does not have a "Shoppes" and does not have a Brea Mall and so there are limited opportunities to fund things for the residents and its youth. Today, D.B. has the opportunity to have the money that will allow it to concentrate and focus on the City's youth. She believes the City should take this opportunity and -vote today. The time to take action APRIL 7, 2009 PAGE 16 CITY COUNCIL is now and she urged her colleagues to do the same. C/Tye said he was looking through some of the comments that were in the minutes of the past few meetings and takes the input very seriously. He does not know when he reads what people's concerns are whether they are pro or con about this project. One of the comments was that "we need to protect the best interests of the residents" and he believed that the agreement before the City Council does exactly that. Another comment was to "be sure and defend the residents' interest" and he believed that the agreement before the City Council does that. Even a Walnut resident said "we need to do the right thing" and he believed the City had the opportunity to do the right thing. It is best to state that if individuals are against this project there is nothing that will be said to convince those individuals otherwise. If individuals are for this project there is nothing that will be said to convince those individuals otherwise. It is a very divisive issue — there is no gray area. It seems like D.B. has more than its share of divisive issues. One of the speakers at the last meeting said "we need to consider the long-term benefits to D.B." and he felt this was the opportunity to do that. When he thinks about what the City is faced with people said tonight that $20 million is not enough, when one contemplates that the $200 plus million that has been estimated to fix the 57/60 interchange, that will be a drop in the bucket. But this $20 million that is being discussed is specific to D.B. It has nothing to do with the 57/60 interchange. Last month MPT/Herrera and staff members were in Washington, D.C. to lobby legislators for funds to get the 57/60 interchange done. These are two separate issues. He believed the most important thing was that this agreement speaks to payments in perpetuity, payments that run with the stadium. When Diamond Bar Honda decided to leave they left nothing behind but an empty building, from which D.B. gets nothing. In this instance, as long as the stadium exists in this location the people of D.B. will benefit. There will be funds available for projects in D.B. for people that have not been born yet and for people who have not yet moved to D.B. This will benefit D.B. residents long after this Council is gone. This is an annuity for the well-being of the residents of D.B. now and into the future. He felt this agreement was accomplished because this Council and staff had a vision. He agreed that CM/DeStefano is the best at what he does. This was done with the Council's guidance and direction. A comment was made tonight that there is no need to "abruptly sign this agreement". Your City Council and staff have been working on this and negotiating and remember that the position of this Council was that it was opposed unless mitigated — this Council is opposed unless it could get to the -- point where it could look in the face of the people of D.B. and say this is the best this City Council could do with what was available APRIL 7, 2009 PAGE 17 CITY COUNCIL for the community of D.B. and he believed that had been accomplished. One of the speakers talked about the crime, traffic and drunk drivers this project would bring to D.B. It made him think about Deputy Rick Wright being hit by a drunk driver that had absolutely nothing to do with the stadium. It is a fact of life. This is a commuting community and residents have to put up with these things and do the best we can do while trusting law enforcement to see that those kinds of things do not happen. How many people realize that the City of Industry provided the land that Diamond Ranch High School sits on? How many people in the community realize that the City of Industry spent millions of dollars to grade that land? How many people realize that the City of Industry that purchased the Boy Scout property continues to make that property available to them? That's a good neighbor. People can disagree on whether this is the right location and how this will impact the lives of residents and how we will need to adapt and adjust. However, he believed it was inappropriate to demonize the parties that are involved. The Majestic Foundation and their philanthropic efforts that this community will benefit from — talk about the NFL and the NFL Foundation and the players that come to communities and support that community and surrounding Boards, programs, kids, education. Through this process and certainly during the last three meetings reasonable people can agree to disagree agreeably. C/Tye said he believed this was the best the Council could do and it is the best that has been negotiated and was willing to support the agreement tonight. C/Tanaka thanked staff for doing such a wonderful job in negotiating with the City of Industry and Majestic Realty and especially CM/DeStefano and ACM/Doyle and legal counsel, CA/Jenkins. As everyone heard earlier this was a period of time when all were challenged with personal feelings about decisions that would impact residents for a very long time. After considering staffs reports, project presentations, public comments, emails, personal conversations and legal counsel, he believed that the City Council had provided staff with the input and direction needed to protect the residents of D.B. All of the impacts that were considered including traffic, public safety, light and noise, community facilities funds, recreation facilities funds and all of the supplemental guarantees that were negotiated, he believed the Council had done the best job it could do. Understanding that a lawsuit would not guarantee that the project would not move forward, the Council wanted to make sure that residents were protected today and for the future. In making his decision this evening he had to consider what the greatest benefit for the majority of D.B. residents would be and again, not only for today but for the future. APRIL 7, 2009 PAGE 18 CITY COUNCIL C/Chang thanked the residents who have come before the City Council to express their views and appreciated their concerns. He thanked staff and legal counsel for working with the City Council and the residents in the best interests of the City of D.B. This is a big project and during his 11 years of service only one other project garnered such interest. The City Council understands that this project will affect residents now and in the future so the Council was determined to pursue the best interest of the City and its residents. Residents understand that this City Council was opposed to the EIR and proceeded to disclose the information to the public using every means at the City's disposal. The Council's opposition was simply that the EIR did not fulfill the best interests of the City of D.B. because it did not address mitigation of traffic and other impacts to the City of D.B. including air, noise, aesthetics, etc. The Council's decision was twofold — whether to negotiate with the City of Industry and Majestic Realty or move forward with a lawsuit. The Council instructed staff and legal counsel that if the City of Industry could not meet the City's requirements it would proceed with the lawsuit. D.B. is fortunate that the City of Industry on March 24 delivered a package to D.B. indicating it would mitigate the concerns except for the traffic problems affecting the freeways, which is a separate issue. The City of Industry agreed to mitigate the local traffic concerns and included many other benefits for the _ City. Staff's presentation was designed to inform the public about what the City would receive through the settlement agreement. He reiterated the terms of the settlement agreement. During the past 20 years the City has been incorporated it has made decisions that have kept it in sound financial condition. Without many funding tools the City is fortunate to have a reserve every year. The City does not have redevelopment and does not have much open land for building and there is no continuity of funding resources, always a concern of staff and the Council. If D.B. does not have continuity of funding resources it is very difficult to compete with other cities for revenue resources. The City Council Members understand that it cannot please all of the people with every decision but we believe that the decisions made this evening will address the best interests of the super majority of its residents for now and in the future. M/Everett said the Council has listened to the concerns of its citizens and read every letter received. Everyone has a Right to speak and he respects and appreciates every position presented and thanked residents for being respectful. If the Council votes to approve the settlement agreement it is a written defined baseline. The Reality is that jurisdictions and authorities are very important and the process is very complex. Fiscal budgeting and Responsibility is not trivial and this City has had a heritage of doing APRIL 7, 2009 PAGE 19 CITY COUNCIL those things very well — not perfect but very well. One of the items he is deeply concerned with and when he accepted the opportunity to serve, it was a key factor — and that is, the team members that are in the fight — the staff, Council and community. This is a great City with great teams. He heard concerns about a subject he shares and that is public safety. One cannot put value on a life. Change is coming and in the last two years he has watched public safety officials and authorities do great work and he is committed to that continuing. He pointed out that included in the settlement agreement is the "establishment of a public safety oversight committee" that includes the Sheriff's Department, Fire Department, D.B. and Industry and the stadium personnel. Along with the City and his colleagues he is committed to providing better public safety with the resources available. Reference was made tonight and during previous meetings and in the mail he received that the Council needed to vote the way it needed to vote but also alluded to the fact that those individuals, depending on how the vote goes, were keeping a record and may or may not vote for the current Council Members in the future. He exclaimed that he wanted to serve and he wanted to be re-elected but he was not willing to -- compromise his conscience and the best interest of D.B. The way he votes and the consequences of his vote he leaves to the residents. He hoped that no one would leave angry and would consider that there is a lot within the settlement agreement and a lot to come to the City in the future. The Responsibility is to protect and save lives considering the potential of projects around the area. He said he has high regard and respect for the efforts that MPT/Herrera and others have put into goods and traffic movement issue on a local, state, regional and federal level. In referring to all of the public comments, one gentleman stood out. Ming Lein said at the last Council Meeting that ."if you build it, they will come. It's not what comes, but what one does with the opportunity." Mr. Lein challenged the Council to deal with the problems and make the opportunity real and significant. This opportunity can provide a great entertainment possibility for many and funds for the City's discretion and opportunities not otherwise available. This agreement can be a baseline for a relationship that can continue as the City works with developers in the area benefiting all concerned. C/Tye felt it was important to understand that some people feel that by filing a lawsuit that challenges the EIR/SEIR it would stop the project which is not true. It might delay the project but it would not stop the project. If it isn't the stadium project it will be a warehouse project. He felt it was important for people to understand that the filing of a lawsuit would delay the project and not stop it. The first thing a judge would likely do would be to recommend that all parties negotiate toward a settlement. In this instance, D.B. has saved a APRIL 7, 2009 PAGE 20 CITY COUNCIL judge the burden of telling all parties to go negotiate. The City has negotiated in good faith and has done its very, very best possible toward implementing a useful agreement for the City of D.B. MPT/Herrera moved, C/Chang seconded, to approve a Settlement Agreement with the City of Industry regarding the 2008 revised Industry Business Center Development project (NFL Stadium based development project) contingent upon receipt of a Mutual Release from the Industry Urban Development Agency. 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/Chang spoke about the Easter Egg Hunt on Saturday, April 11 and the City Birthday Party on Saturday, April 18. He urged staff to expedite its application for stimulus funds. He again thanked the residents for sharing their concerns and their time. C/Tanaka attended the Contract Cities monthly meeting hosted by the City of Claremont and the Miss Diamond Bar Pageant and congratulated the 16 participants. C/Tye said it was a pleasure to spend time at last month's California Contract Cities meeting with Supervisor Don Knabe. Supervisor Knabe was as outraged as this Council at the theft of the two memorial benches and has now doubled the $1000 reward to $2000. He participated with the administration and his wife at Diamond Ranch High School as it underwent their accreditation review. It is exciting that in 2004-2005 then Mayor Zirbes asked him to participate in the Library Task Force and although the library is not the greatest library building it is what the City has to work with. It was always Bob's goal to make it the best that it could be. One of the identified goals was to get a shared parking agreement with the local businesses and that agreement is now under negotiation with a nearby business. He hoped residents would participate in the Friends of the Library 16t'' Annual Wine Soiree on April 19. He thanked everyone for their participation tonight. MPT/Herrera stated that as a representative of the League of California Cities Environmental Quality Committee she attended a meeting that was — primarily about four or five different bills making their way through the State legislature with provisions for assessing a tax fee on plastic bags APRIL 7, 2009 PAGE 21 CITY COUNCIL that major supermarkets use to bag groceries. For the sake of the environment the State is hoping to completely do away with plastic bags. Everyone should be aware that this may be coming down the road. M/Everett thanked and acknowledged two educators from two school systems who received special recognition from the San Gabriel Branch of the NAACP — Mrs. Helen Hall, a 24 -year WVUSD Board Member and Dr. Thelma Melendez de Santiago, Superintendent, PUSD. He displayed a photograph of the 16 participants in the Miss Diamond Bar Pageant and recognized the individual board members. He thanked the participants and congratulated the winners. The Friends of the Library do a great job and the Spelling Bee is a model event that everyone can be proud of and encouraged everyone to attend the Wine Soiree. He acknowledged the testament of those who received donations from the Donate Life California. The Sexual Assault Awareness and Denim Day on April 22 are serious issues in this society. It will be a treat for anyone who participates in the great dining experience at the East 180 Cuisine. Remember the Easter Egg Hunt and Pancake Breakfast on April 11 and the City's 20th Birthday Party on April 18. ADJOURNMENT: With no further business to conduct, M/Everett adjourned the regular City Council meeting at 10:25 p.m. TOMMYE RIBBINS, CITY CLERK The foregoing minutes are hereby approved this 21s day of April , 2009. RON EVERETT, MAYOR