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HomeMy WebLinkAbout04/3/2012 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION AP RI L 3, 2012 STUDY SESSION: M/Chang called the Study Session to order at 5:45 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members, Ron Everett, Carol Herrera, Steve Tye, Mayor Pro Tem Jack Tanaka and Mayor Ling -Ling Chang. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Dianna Honeywell, Finance Director; David Liu, Public Works Director; Greg Gubman, Community Development Director; Ryan McLean, Assistant to the City Manager; Bob Rose, Community Services Director, Rick Yee, Senior Civil Engineer; Kimberly Young, Associate Engineer; Erwin Ching, Assistant Engineer; Ken Desforges, IS Director; Marsha Roa, Public Information Manager, and Tommye Cribbins, City Clerk. UPDATE ON THE 57/60 "BIG FIX" PROJECT: (Lemon Avenue On -Off Ramp and Park -n -Ride) SCE/Yee provided the Council with an update on the 57/60 Grand Avenue Confidence Project which is anticipated to alleviate a lot of the weaving move ments within this segment of the freeway by building a series of bypass roads. CM/DeStefano stated that in early March he, M/Chang and C/Herrera along with officials from the City of Industry met with members of Congress to provide briefings on this project. M/Chbng reported that the Reauthorization Bill had been extended 90 days.. The Senate passed the Bill with unanimous support; however, the House has not been able to act on the Bill. i C/Herrera stated that when the City's representatives went to Washington D.C. it was for the purpose of getting funding for the remainder of the project, some $230 million. M/Chang asked if construction were to begin on Phase I and Phase 11 and these� improvements were later added, would that have an effect during construction. PWD/Liu responded "No" because staff has, during this process over the past several years, made sure that all three phases are consistent with the ultimate improvement so that if certain aspects of the project are later added, it would all fit together. APRIL 3, 2012 PAGE 2 STUDY SESSION CM/DeStefano indicated that staff mentioned that this is about a $265 million project and the cities are seeking funding of about $230-235 million, the difference of which is being put toward the project by the City of Industry from a pool of resources they are providing to this project because parts of the components of the project are environmental traffic mitigation measures as a result of their developments in the immediate area during the past 10 years or so. PARK-N-RibE PWD/Liu reported on the Foothill Transit proposal to construct a 500 - space structure at the easterly side of the Park -n -Ride lots and have begun exploratory meetings with the City of DB as well as, Caltrans, owner of the lots. DB wants to identify the issues and opportunities for the bypass connectors to connect the lots. C/Herrera reported that Foothill Transit has been trying to build a parking structure for a number of years. They have had Federal funds for a project for several years and are fearful that if they do not use those funds, the Fed's will revoke the funds. Foothill has a project going up in the City of Industry close to Metrolink which is under construction. There were two other sites, one in West Covina and another in Azusa, both of which involved redevelopment agencies and with the change and complications in the redevelopment agencies with respect to ownership those projects will be stalled for a period of time. She brought this matter forward to DB to see if the City Council has the will to have a parking structure built in this location because Foothill is looking for a location that would be easy to accomplish without a lot. of complications. DB does not have a Redevelopment Agency and this land is owned by Caltrans so it seems that this would be an easy transition to build on it but it would take approval by.the City Council of the City of DB for this to move forward. Foothill is looking for an indication from DB whether it would want such a project. If not, Foothill will look for other opportunities. PWD/Liu stated that currently the Park -n -Ride lots accommodate about 250 spacesand this project would double the accommodation. CM/DeStefano said that staff is not looking for any direction from the Council this.evening but has brought this matter forward so that Council Members ca.n begin thinking about the possibility. DB staff is working with Foothill Transit staff and will be coming back to the Council with a properly detailed report and recommendations. C/Herrera asked what would be discussed during the April 15 meeting involving DB., Foothill Transit and Caltrans. MPT/Tanaka asked how tall the structure would be. APRIL 3, 2012 PAGE 3 STUDY SESSION CMIDeStefano replied that it would be four stories and cited examples of under comparable structures in the City including the structure currently construction at the Metrolink station. LEMON AVENUE ON-OFF RAMP SE/Young presented a status update on the Lemon Avenue On -Off Ramp project. AE/Young provided a brief history and update on the Lemon Avenue on/off. ramp project. As a result of the construction of this project, the existing eastbound on and off ramps will be removed at Brea Canyon Road. Project milestones include the EIR which was approved in November 2008; the Freeway Agreement between DB and the State -of-Way approved by the City Council in December 2010; and, the Right Cooperative Agreement between the City of DB, City of Industry and the State of Cal iforn ia "approved by the City Council in September 2011. Staff received the authorization to proceed with right-of-way activities from Caltrans in March 2012. This project is also included in the City Council Goals and Objectives for Fiscal Year 2011-2012. The partial diamond interchange at Lemon Avenue will consist of a proposed westbound on- ramp, eastbound off -ramp and eastbound on-ramp. The westbound off - ramp . was not pursued due to extensive right-of-way impacts that would have, occurred to the school district property and several residential properties along Moonlake Street. Impacts that will occur as a result of the partial diamond interchange are five partial property takes to residential properties along Flintgate Drive, one corner landscaped area (commercial property on the northwest corner of Lemon and Golden Springs Drive) and a portion of the parking lot (approximately 9 parking spaces) of LA Fitness. The total right-of-way phase of this project can take up to 18 months and is expected to cost just over $2.2 million which includes capital costs and administrative costs for the acquisitions. Federal SAFETEA-LU funds have been earmarked for this project and DB will be reimbursed $1.12 million with the remainder of the funds coming from the City of Industry. Total project cost is anticipated to be just over $19 million. To date, the City of DB has secured $11.29 million in Federal -LU, HSIP funds and Metro Prop C funds). Additionally, Funds (SAFETEA the City of Industry has committed $4.9 million toward the project which leaves a shortfall of $2.79 million which the City of Industry has committed to pay in the event that additional funds are not obtained. Current schedule is as follows-. Right -of -Way phase completion expected for project ready to list in 2013, and construction December 2013, the antici' ated to commence in May 2014 with completion in December 2015. p Public Comments: . None Offered. AP RI L 3, 2012 PAGE 4 STUDY SESSION ADJOURNMENT: With no further business to come before the City Council, M/Chang adjourned the Study Session at 6:18 p.m. to the Regular City Council Meeting. Tommye Oribbins, City Clerk The foregoing minutes are hereby approved this 17th day0f April 2012. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 3, 2012 CLOSED SESSION: 5:00 p.m., SCAQMD Room CC -8 Public Comments on Closed Session Agenda: None ► Government Code Section 54956.9 (c) Initiation of Litigation: one case. STUDY SESSION: 5:45 p.m., SCAQMD Room CC -8 Study Session Adjourned at 6:18 p.m. CALL TO ORDER: Mayor Ling -Ling Chang called the Regular City Council meeting to order at 6:34 p.m. in the SCAQMD Main Auditorium, 21865 Copley Drive, Diamond Bar, CA. CA/Jenkins reported that tonight's meeting was called to order at 5:00 p.m. in Closed Session. There were no public comments, no additions and no reportable actions on the Closed Session agenda PLEDGE OF ALLEGIANCE: Council Member Carol Herrera led the Pledge of Allegiance. INVOCATION: Pastor Mark Hopper, Evangelical Free Church, gave the invocation. ROLL CALL: Council Members Ron Everett, Carol Herrera, Steve Tye, Mayor Pro Tem Jack Tanaka and Mayor Ling -Ling Chang. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Greg Gubman, Community Development Director; Bob Rose, Community 'Services Director; Dianna Honeywell, Finance Director; Ryan McLean, Assistant to the City Manager; Ken Desforges, IS Director; Rick Yee, Senior Civil Engineer; Kimberly Young, Associate Engineer; Christy Murphey, Recreation Superintendent; Erwin Ching, Assistant Engineer; Natalie Tobon, Planning Technician; Lauren Hidalgo, Public Information Specialist, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Submitted 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Chang proclaimed April 2012 as DMV/Donate Life California month and presented the proclamation to Donate Life Ambassador Sharon Henson. 1.2 CITye proclaimed April 2012 Fair Housing Month and presented the proclamation to Director of Investigations Martha Torres. APRIL 3, 2012 PAGE 2 CITY COUNCIL 1.3 RS/Murphey introduced new City Employees Tennille Langile, Administrative Assistant; Robin Crawford, Community Services Coordinator and Cloris Vargas, Recreation Specialist Senior Program, who joined the Community Services Department at the Diamond Bar Center. 1,.4 Ruth Low thanked current and past City Councils and staff for their support, and that the Diamond Bar Friends of the Library have contributed $400,000 to the City. She introduced President Rosette Clippinger, Diamond Bar Friends of the Library, who presented a check for $80,000 to LA County Librarian Margaret Todd for the construction of the new Diamond Bar Library Reading Garden. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Update on the 57160 "Big Fix" Project; Lemon Avenue On -Off Ramp; and Park -n -Ride. CM/DeStefano reported that the City has spent considerable time during the past few years working on the SR57/60 interchange that creates gridlock and spills traffic into the community. The status of the Big Fix/Confluence project includes a recent trip to Washington DC by M/Chang, C/Herrera and CM/DeStefano who attended meetings with members of . Congress and Senate seeking resources in the upcoming Transportation Authorization Act to complete this project. Another initiative by the City is the Lemon Avenue Interchange project which has been on the books since 1968 with significant effort by the City in the last few years to move the project forward. Both projects have been funded by resources from the Federal Government as well as, funds as a result of mitigation measures provided by the City of Industry. In addition, there :is a new proposal staff is studying to provide a report to the City Council which involves an opportunity for an improved Park -n - Ride facility just north of the SR60 on Diamond Bar Boulevard to double the number of vehicle parking stalls in the Park -n -Ride structure. SCENee gave a Power Point presentation on the Confluence project. Phase I of the three Phase project is fully funded at $16.5 million and is currently in the design plan specifications and right-of- way process. Phase II is fully funded at $15 million and is in the EIR study development. Phase Ill is currently unfunded and different strategies are being researched for the balance which is estimated to be at a cost of $233.5 million with the total project for Phase I, II and III estimated at $265 million. Phase I is anticipated to be'completed in 2014, Phase 11 in 2015 and pending availability, Phase III is anticipated to be completed in 2017. In addition to APRIL 3, 2012 PAGE 3 CITY COUNCIL Phase I, II and 111, the Big Fix includes missing freeway connectors from southbound SR57 to the eastbound SR60 and the reverse of that movement, the westbound bypass. ramp from the SR60 to Grand Avenue and the HOV connectors on the west end of the project and HOV connectors on the east end of the project at a cost estimated to be $300 million. Staff is currently pursuing funds to fund a project study report for missing components and is collaborating with the City of Industry to determine creative funding opportunities to fund the balance of the project. MlChang commented on the Transportation Reauthorization Bill. AE/Young provided a brief history and update on the Lemon Avenue onlof ramp project. As a result of the construction of this project, the existing eastbound on and off ramps will be removed at Brea Canyon Road. Project milestones include the EIR which was approved in November 2008; the Freeway Agreement between DB and the State approved by the City Council in December 2010; and, the Right -of -Way Cooperative Agreement between the City of DB, City of Industry and the State of California approved by the City Council in September 2011. Staff received the authorization to proceed with right-of-way activities from Caltrans in March 2012. This project is also included in the City Council Goals and Objectives for Fiscal Year 2011-2012. The partial diamond interchange at Lemon Avenue will consist of a proposed westbound on-ramp, eastbound off -ramp and eastbound on-ramp. The westbound off -ramp was not pursued due to extensive right-of-way impacts that would have occurred to the school district property and several residential properties along Moonlake Street. Impacts that will occur as a result of the partial diamond interchange are five partial property takes to residential properties along Flintgate Drive, one corner landscaped area (commercial property on the northwest corner of Lemon and Golden Springs Drive) and a portion of the parking lot (approximately 9 parking spaces) of LA Fitness. The total right-of-way phase of this project can take up to 18 months and is expected to cost just over $2.2 million which includes capital costs and administrative costs for the acquisitions. Federal SAFETEA-LU funds have been earmarked for this project and DB will be reimbursed at $1.12 million with the remainder of the funds coming from the City of Industry. Total project cost is anticipated to be just over $19 million. To date, the City of DB has secured $11.29 million in Federal Funds (SAFETY -LU, HSIP funds and Metro Prop C funds). Additionally, the City of Industry has committed $4.9 million toward the project which leaves a shortfall of $2.79 million which the City of Industry has committed to pay in the event that additional funds are not obtained. Current schedule is as follows: Right -of -Way phase completion expected for December APRIL 3, 2012 PAGE 4 CITY COUNCIL 2013, the project ready to list in 2013, and construction anticipated to commence in May 2014 with completion in December 2015. PWDILiu updated the City Council on preliminary discussions between Foothill Transit and the City of DB with respect to possible construction of a Park -n -Ride facility on Diamond Bar Boulevard which would increase the vehicular parking spaces from 250 to 500. 3. PUBLIC COMMENTS: Richard Toombs thanked the City Council for moving forward with the dog park. He said he was concerned about the ground cover and had spoken with CSDIRose about the matter. Carolyn Anderson Carrera, Waste Management, reported to the Council that her firm was named "Eth-isphere's 2012 World's Most Ethical Companies" for the 5th consecutive year. 4. RESPONSE TO PUBLIC COMMENTS: CMIDeStefano stated that the Dog Park located at Pantera Park is under design at : this time and staff anticipates completion about August/September 2012. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Annual Easter Egg Hunt — April 7, 2012 — 10:00 a.m. — Pantera Park,. 738 Pantera Drive — Pancake Breakfast hosted by Fire Explorers Post 19 beginning at 8:30 a.m. For more information, contact the Community Services Department at 839-7070. 5.2 Planning Commission Meeting — April 10, 2012 — 7:00 p.m., Diamond Bar City Hall Windmill Room, 21810 Copley Drive. 53 Traffic and Transportation Commission Meeting — April 12, 2012 — 7:00 p.m. — Diamond Bar City Hall Windmill Room, 21810 Copley Drive. 5.4 23`d Annual City Birthday Party — Saturday, April 14, 2012 — 11:00 a.m. to 5:00 p.m. — Carnival rides open until 6:00 p.m. - Pantera Park, 738 Pantera Drive 5.5 City Council Meeting — April 17, 2012 — 6:30 p.m., SCAQMD Auditorium, 21865 Copley Drive. APRIL 3, 2012 PAGE 5 CITY COUNCIL 6. CONSENT CALENDAR: CITye moved, C/Herrera seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Everett, Herrera, Tye, MPT/Tanaka, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES — Regular Meeting of March 20, 2012 - Approved as submitted. 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of January 24, 2012 — Received and Filed. 6.2.2 Regular Meeting of February 28, 2012 — Received and Filed. 6.3 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of February 16, 2012 — Received and Filed. 6.4 RATIFIED CHECK REGISTER Dated March 15, 2012 through March 28, 2012 totaling $1,537,723.07. 6.5 APPROVED TREASURER'S STATEMENT — Month of February 2012. 6.6 APPROVED NOTICE OF COMPLETION FOR RESIDENTIAL AREA 7 AND ARTERIAL ZONE 5 ROAD MAINTENANCE PROJECT. 6.7 APPROVED NOTICE OF COMPLETION FOR TRAFFIC SIGNAL BATTERY BACKUP SYSTEM PROJECT. 6.8 AMENDED CONTRACT AMOUNT WITH PROTECH ENGINEERING CORPORATION FOR THE 21810 EAST COPLEY DRIVE (CITY HALL) INTERCONNECT PROJECT IN THE AMOUNT OF $7,000 FOR A TOTAL AUTHORIZATION AMOUNT OF $46,850. 6.9 ADOPTED RESOLUTION NO. 2012-15: INSTALLATION OF 600 FEET OF RED CURB ON THE WEST SIDE OF DIAMOND CANYON ROAD FROM BREA CANYON CUTOFF ROAD TO 600 FEET SOUTHERLY. APRIL 3, 2012 PAGE 6 CITY COUNCIL 7. PUBLIC HEARING: 7.1 ADOPT RESOLUTION NO. 2012-16: APPROVING A ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 2007,10 AND DEVELOPMENT REVIEW NO. 2006-11 TO CONSTRUCT A NINE -UNIT RESIDENTIAL CONDOMINIUM LOCATED AT 23671 GOLDEN SPRINGS DRIVE (ASSESSOR'S PARCEL NUMBER 8281-028-030). CDDIGubman reported that this proposal to redevelop Diamond Jim's drive-through Dairy site by creating a nine -unit detached townhome development was originally approved by the City Council in November 2007 and was valid for three years. Grading plans were first submitted to the Public Works Department in 2008 and the main challenge facing the project was developing a drainage plan to carry storm water runoff from the site. The initial effort was to negotiate for a drainage easement through the condominium project to the south, which would have allowed the drainage system to operate via gravity flow. Prior to the 2010 expiration date, the applicant requested a one-year extension to continue negotiations with the neighboring homeowner's association and the Council granted the extension in February 2011. These negotiations were ultimately unsuccessful which lead to an alternate method of storm water' management which involved backup pumps, an emergency generator and additional capacity to retain storm water onsite. The Public Works Department has approved the grading plan and pending submittal of final documentation will be in a position to issue a grading permit. Because the applicant has been diligently working with the Public Works Department to obtain a grading permit, staff supports the applicant's request for a time -extension. Therefore, staff recommends that the City Council adopt a resolution to approve a one-year time -extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, based on the Findings contained in Municipal Code Section 22.66.050. M/Chang opened the Public Hearing. With no one present who wished to speak on this matter, M/Chang closed the Public Hearing. C/Herrera moved, C/Everett seconded, to Adopt Resolution No. 2012-16, an approval of a one-year extension of time for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, based on the Findings contained in Municipal Code Section 22.66.050. Motion carried by the following Roll Call vote: APRIL 3, 2012 PAGE 7 CITY COUNCIL AYES: COUNCIL MEMBERS: Everett, Herrera, Tye, MPTITanaka, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7.2 APPROVED FOR FIRST READING ORDINANCE NO. 04(2012): AMENDING THE FOLLOWING SECTIONS OF TITLE 22 OF THE MUNICIPAL CODE: 22.10.030 Tables 2-5 and 2-6; 22.160.060(1); 22.22.120(a)(1); 22.38.030; 22.36.130; Table 3-14; 22.34.030; 22.42.060(2)0); 22.42.100(1); 22.42.100(c); 22.42.130; 22.68.030; 22.80.020. CDD/Gubman stated that from time to time it is necessary to U pdate various sections of the DB Development Code to better serve the City, its residents and the development community, or simply to comply with change in State law or case law, and the collection of amendments presented for adoption this evening is part of that ongoing effort. The amendments proposed in the attached Ordinance present simple and straightforward refinements to existing Development Code standards while still protecting the character, social and economic stability of DB's residential, commercial and industrial areas. In many situations these refinements will eliminate unnecessary beauracratic obstacles that property and business owners may face when requesting permits or approvals from the City. Others eliminate conflicting provisions found in different chapters of the Code or simply codify recent mandates under State law to which the City is already subject. The remainder consists of eliminating typographical errors and updating definitions. On March 13, 2012, the Planning Commission held a Public Hearing on the proposed Development Code amendment and following discussion and incorporation of their comments, the Commission recommended by a vote of 5-0 that the City Council adopt the attached Ordinance. $The Planning Commission's discussion of various amendment items primarily concurred with staff's recommendation. There were some questions about the proposed standards for driveway maintenance on single family residents. Fallowing that discussion, the Commission was satisfied with the proposed language and requirements. The Commission also had discussion about maximum permissible driveway grades on residential properties and the recommendation was to table the proposed provision pending further discussion with the Fire Department. The issue of maximum driveway grades and appurtenant clarification is tabled for now and will be brought to the City Council at the time of the next round of Code cleanup items. CDD/Gubman offered to answer Council questions and concerns on any of the 13 cleanup items listed in the table. APRIL 3, 2012 PAGE 8 CITY COUNCIL ClEverett asked if there were any public comments during the Planning Commission deliberation. CDDIGubman responded there were none. C/Herrera asked CDDIGubman to elaborate on the maximum size and area for monument signs. Some of the shopping centers have smaller signs and some have larger signs. As traffic increases, businesses have only a few seconds to attract passing motorists and staff is requesting that the area be reduced from 72 square feet to 36 square feet. CDDIGubman explained that the maximum height for a shopping center free-standing sign is a maximum six-foot tall sign. The standard in the Code that states 72 square feet per face of the sign has long been considered a typographical error with the actual intent. that it is a total of 72 square feet and 36 square feet per face. The proposed correction in the Code is to resolve that typographical error to avoid further debate. There are means by which a shopping center can get much larger signs and signs that are more suited to the speed of the traffic and other visibility issues, which can be granted through a Comprehensive Sign Program as opposed to coming in over the counter and getting a rubber- stamped modes sign. Businesses that wish to have a larger sign can go through the more detailed design review process which ensures integration in the overall design of all of the signage within a shopping center, for example. This standard does not take away from , the legitimate opportunity to increase the visibility of businesses to passing motorists and simply resolves a long- standing typographical error that has to do with over-the-counter signage requests. MlChang opened the Public Hearing. With no one present who wished to speak on this item, MlChang closed the Public Hearing. ClHerrera moved, MPT/Tanaka seconded, to approve First Reading of Ordinance No. 04 (2012): Amending the following Sections of Title 22 of the Municipal Code: 22.10.030 Tables 2-5 and 2-6; 22.160.060(1); 22.22.120(a)(1); 22.38.030; 22.36.130; Table 3-14; 22.34.030; 22.42.060(2)0); 22.42.100(1); 22.42.100(c), 22.42.130; 22.68.030; 22.80.020. Motion carried by the following Roll Call vote: APRIL 3, 2012 PAGE 9 CITY COUNCIL AYES: NOES: ABSENT COUNCIL MEMBERS: COUNCIL MEMBERS COUNCIL MEMBERS Everett, Herrera, Tye, MPT/Tanaka, MIChang None None 7.3 (a) ADOPT URGENCY ORDINANCE 05(2012) U: APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT 2005-01 BETWEEN THE CITY OF DIAMOND BAR AND JCCL-SOUTH POINTE WEST LLC FOR THE SOUTH POINTE WEST SPECIFIC PLAN AND DECLARING THE URGENCY THEREOF. (b) FIRST READING OF ORDINANCE NO. 06(2012): APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT 2005-01 BETWEEN THE CITY OF DIAMOND BAR AND JCCL-SOUTH POINTE WEST LLC FOR THE SOUTH POINTE WEST SPECIFIC PLAN. CDDIGubman clarified for the record that there are no physical changes and no changes to the Morning Sun Avenue emergency access and restrictions proposed to the project. This Development Agreement Amendment is simply to revise the terms of the life- span of the agreement. On March 20, 2007, the City Council adopted ordinances approving the South Pointe West Specific Plan and a five year development agreement with the developer, Lewis Operating Corporation DBA JCCL-South Pointe West LLC and these ordinances went into effect on April 19, 2007. The South Pointe West Specific Plan governs a 34.5 acre site in the southwesterly portion of DB and allows for the development of 99 detached condominiums and a 4.7 acre neighborhood park. The Development Agreement grants vested rights to the developer in return for a $10,000 per-unit development fee to the City and for the park to be constructed by the developer and dedicated to the City. Although the developer has spent $3 million thus far and made significant progress toward completion of the final tract map and improvement plans, it will take additional time before the project breaks ground. Because this Development Agreement is set to expire on April 19 an extension is needed to preserve the benefits to the City and to the, Developer that the agreement provides. Therefore, staff is recommending that the City Council approve a five-year extension to the term of the Development Agreement moving the expiration date to April 19, 2017. In addition, staff is recommending that 4.4.1.2 be deleted from the Development Agreement, a -provision that requires the developer to place $500,000 into an escrow account after the 49th dwelling is occupied. For the City to receive any payment from the account, the homes would have to sell for more than $900,000 each and staff does not believe that small lot detached condominium units APRIL 3, 2012 PAGE 10 CITY COUNCIL that would be sold in this development would reach that price point and therefore believes that requiring the developer to place $500,.000 into an escrow account when it could be put to more productive use, does not benefit the City. Eliminating this provision has no effect whatsoever, on the City's collection of $10,000 per - dwelling unit, the development fee as set forth elsewhere within the agreement. CDDIGubman pointed out a correction in the Draft Development Agreement Amendment which is in Exhibit A to each of the ordinances. On Page 1 under Section 2.3 the effective and expiration dates of the Development Agreement should read April 19. MlChang opened the Public Hearing. Beth Hojnacke, President, Rowland Heights Community Coordinating Council, thanked the Council and staff for allowing her to speak and including Rowland Heights in the notification process on this matter. Darrin McCleve, Senior Vice President, Lewis Operating Corporation, on behalf of the applicant JCCL, thanked the City Council and staff for their help over the past five years. As CDDIGubman stated, the developer has spent about $3 million to get everything ready to move forward so that as the economy turns and there is good activity in the market development of the project can begin. He asked for Council's support for the five-year extension. With no further testimony being offered, MlChang closed the Public Hearing. CITye moved, C/Herrera seconded, to Adopt Urgency Ordinance No. 05 (2012) U and First Reading of Ordinance No. 06 (2012) as corrected. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Everett, Herrera, Tye, MPT/Tanaka, MlChang None None APRIL 3, 2012 PAGE 11 CITY COUNCIL 8. COUNCIL CONSIDERATION. 8.1 ADOPT URGENCY ORDINANCE NO. •07(2012) U: PURSUANT TO GOVERNMENT CODE SECTION 65858 PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF LAND USES ON THE SITE OF THE FORMER DIAMOND BAR HONDA DEALERSHIP AND ITS ADJACENT PARCELS AT THE NORTHWEST CORNER OF THE SR601GRAND AVENUE INTERCHANGE. CDDIGubman stated that the property at 525 Grand Avenue has been vacant since Diamond Bar Honda relocated operations to the City of Industry in mid 2008. The property is zoned C-3 which allows, either by right or by Conditional Use Permit, a broad spectrum of land uses including retail stores, restaurants, auto rental agencies, hotels, and offices. Several uses are at odds with City Council's adopted Goals and Objectives, particularly the fiscal responsibility economic goal which states: "Identify and implement development opportunities for the former Honda dealership property that will result in the greatest net benefit to the community". Following the dealership's closure, Caltrans commenced preparations of plans to construct a direct westbound onramp to the SR60 at the Grand Avenue intersection. The current design proposed for the slip ramp would require the acquisition of approximately .7 acres of the southern portion of the property that includes the Honda dealership and will cause the elimination of at least one of its two drive approaches along Grand Avenue. Site distance and lane geometry issues still being studied may require the elimination of both driveways along Grand Avenue and thus completely eliminate vehicular access to the premises from this major arterial roadway. Under an agreement between the City of DB and the City of Industry loss of acreage to accommodate the onramp would be offset by the vacation and granting of right-of-way to the premises which would result from the realignment of both Brea Canyon Road in conjunction with construction of the NFL Stadium planned to the northeast of fihe property within the City of Industry. However, because a competing stadium proposal was subsequently proposed in downtown Los Angeles, it remains uncertain as to whether the Industry stadium project will come to fruition. If the Industry stadium project is not developed, the land area of the premises formerly occupied by Diamond Bar Honda will then be reduced by approximately .7 acres. The City is currently studying new development standards and zoning for the vacant dealership site that are consistent with the City Council's adopted Goals and Objectives. Because of the uncertainty of the final size, configuration and access to the former Diamond Bar Honda premises, the viability of the site to attract stable land uses that will benefit both the property owners and the City of DB is unclear at this time. It is likely that zoning standards for the site will change as a result of this update. Because time is required to prepare and adopt these new regulations and update the Zoning Ordinance, this Urgency Ordinance is intended to place an interim prohibition on the APRIL 3, 2012 PAGE 12 CITY COUNCIL establishment of new facilities and uses on the site as of this evening. The interim - ordinance will place a 45 -day moratorium on the affected parcels and .the Council may extend the moratorium to a maximum of two years total. rHowever, it is not staff's intension to extend this moratorium for its maximum duration, but to replace it with new zoning standards as quickly. as possible. Also, because a one-year moratorium has already passed, staff intends to craft new zoning standards for the site within the shortest possible timeframe. At this time, it is staff's recommendation that the City Council adopt the ordinance to place a 45 -day moratorium on issuing permits for the establishment of land uses on parcels located at the northwest corner of the SR60 and Grand Avenue with street addresses of 525 and 525 Grand Avenue {Assessor's Parcel No's 8719- 020-001 and 8719-020-006 and 8719-020-007. M/Chang asked for public comments. David Bellore, Dudley Investment Management Company, said that his firm purchased the site on October 8, 2007 when the property was zoned commercial.. His firm first learned of the Industry stadium project in 2008, after the site was purchased. Over the years meetings have been held to determine the highest and best use, which have been contingent on the stadium project. Dudley Investment has received no revenue except for Burger King and has been paying all property taxes, insurance and maintenance along with incurring significant damage that has been done on the site due to the Honda Dealership buildings being vandalized beyond recognition. The moratorium was originally established in April 2011 and recently, it was not renewed. After a conversation last Friday to set up a meeting to discuss plans, his company was informed yesterday that this moratorium was being placed on tonight's agenda. There is a meeting with CM/DeStefano and CDD/Gubman to discuss the company's plans moving forward and he formally requested that the vote be postponed until the next City Council meeting during which time the meeting with CMIDeStefano can take place. Although it is Dudley's intent to develop the site the company recognizes it will be in partnership with the City and, it is Dudley's intention to find the highest and best use for all parties. MlChang closed public comments. MlChang asked for staff's comments and CMIDeStefano responded that staff would not recommend a continuation of this matter from tonight's meeting.. It is staff's preference that Council adopt the ordinance this evening, which runs for a maximum of 45 -days unless and until the Council extends it. The Council has the ability to extend the ordinance another 10 months and 15 days but staff must come back to the City Council for that decision. By adopting the ordinance tonight and allowing staff to work with the property owners over the next 45 days, none of the APRIL 3, 2012 PAGE 13 CITY COUNCIL parties loses time as there will be no application submitted or considered for approval within the next 45 days. CITye asked if at the next Council meeting the ordinance adoption could be rescinded if staff and the developer reach agreement on how to develop the property. CMIDeStefano said that technically, the answer is yes, but he does not believe that anything will be concluded within the next two weeks. C/Herrera moved, MPTITanaka seconded, to adopt Urgency Ordinance No. 07(2012) U. Motion carried by the following Roll Call vote, AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS 9. COUNCIL SUBCOMMITTEE COMMENTS: Everett, Herrera, Tye, MPT/Tanaka, MlChang None None REPORTSICOUNCIL MEMBER CITye congratulated "Diamond Bar Friends of the Library" for their efforts on behalf of the City and the Library. He congratulated new employees on becoming members of a winning team, especially to Cloris Vargas who was willing to have her Dad join her for the photo session. Congratulations to the winners of this year's Inland Valley Spelling Bee sponsored by "DB Friends of the Library". This is the second year that the Spelling Bee was won by a student from Chaparral Middle School. Justin's trip to Washington D.C. is also sponsored by the DB Friends of the Library and everyone will be pulling for him to win the National Spelling Bee. He congratulated Andee Tarazon, Diamond Bar Community Services employee who was installed as the new CPRS District 13 President. DB enjoys a staff of leaders headed by CMIDeStefano and is embodied by CSD/Rose and now Andee who is wished every success as President of District 13, a volunteer position. ClEverett thanked and congratulated everyone who received plaques this evening and thanked everyone for their service to the community. Last week he joined MlChang for the Massage Envy ribbon -cutting ceremony whose owners extended their thanks and support to staff for assistance in getting their business open. Item 6.2 (b) troubled him a bit because there was a reference to times when the City may not have to provide notice of public hearings. He asked staff to bring that matter back to the City Council in a Study Session because he believes communication and notification is one of the most vital roles the City plays. He wished everyone a special Passover and Easter season. APRIL 3, 2012 PAGE 14 CITY COUNCIL C/Herrera welcomed the new DB employees. She again thanked the DB Friends of the Library for their considerable contributions that resulted from a lot of hard work on the part of its members. April 29 is the DB Friends of the Library "Wine Soiree," the primary fundraising event of the year and she asked for community support of the event. She invited residents to :attend the big 23rd City Birthday Party on April 14 at Pantera Park. MPT/Tanaka thanked the DB Friends of the Library for their hard work and generous donation for the reading garden. He attended the Regional Chamber of Commercial Power Luncheon during which CM/DeStefano and city managers from City of Industry and West Covina spoke on the economic outlook. One of the issues discussed was the recent loss of the redevelopment agencies. He congratulated M/Chang for her wonderful State of the City address. This year the Lions Club Internationals President's goal was to plant one million trees throughout the world during the year. Leo Club members from Chaparral Middle School and DBHS planted five trees in Sycamore Park which adds to the total of more than 7,400,000 trees planted this year. Please attend the annual Easter Egg Hunt and City Birthday Party the following Saturday. M/Chang reminded everyone to follow her on Facebook and Twitter. She also thanked the DB Friends of the Library and particularly President Rosette Clippinger for her leadership and all that she has done for the community. She attended the Regional Chamber Power Lunch. CM/DeStefano did an excellent job in reporting about what is happening with redevelopment. She participated in meeting with a delegation at City Hall regarding E -Services; attended the Massage Envy ribbon cutting. Andrew Garsten, Regional Developer and Owner of Massage Envy, mentioned that DB was the easiest City to work with in terms of opening a business. Last Thursday she attended the Revenue and Taxation Policy Committee meeting with League of California Cities during which redevelopment was discussed and bills of interest were reviewed. The task force reported on the next generation of economic development tools with more to come on that issue. She attended the Sunshine Seniors luncheon during which the Community Services staff was thanked for doing such an excellent job. She always hears wonderful feedback about the City's Community Services Department and thanked staff members for all they do for the community. She thanked everyone for attending the State of the City event. She thanked C/Tye for agreeing to help her with the video entertainment at the end of her presentation. Everyone had wonderful things to say about DB and there were no negative statements which is attributable to current and past City Councils and staff and thanked staff for putting together a wonderful State of the City event. APRIL 3, 2012 PAGE 15 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Chang adjourned the Regular City Council Meeting at 8:05 p.m. Tommye ribbins, CITY CLERK The foregoing minutes are hereby approved this 17t day of _ Anril 2012. LIN,goLINGCHANG, MAYOR