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HomeMy WebLinkAbout09/03/2013 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 3, 2013 CALL TO ORDER: Mayor Jack Tanaka called the Regular City Council meeting to order at 6:30 p.m. in the Windmill Room, Diamond Bar City Hall, 21810 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: MPT/Everett led the Pledge of Allegiance. INVOCATION: Pastor Mark Hopper, Evangelical Free Church, gave the invocation. ROLL CALL: Council Member Chang, Herrera, Tye, Mayor Pro Tem Everett and Mayor Tanaka. Staff Present: David Doyle, Assistant City Manager; David DeBerry, City Attorney; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Grace Lee, Senior Planner; David Liu, Public Works Director, Bob Rose, Community Services Director; Ken Desforges, IT Director; Alfredo Estevez, IS Help Desk Support Technician; Cecilia Arellano, Public Information Coordinator; and Tommye Cribbins, City Clerk. Absent: CMIDeStefano was excused. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NEW BUSINESS OF THE MONTH: 1.1 M/Tanaka presented a Certificate Plaque to Frank Guzman and Daniel Martinez, owners of Grand Army-Navy Surplus, 1139 Grand Avenue, as New Business of the Month for September 2013. 2. . CITY MANAGER REPORTS AND RECOMMENDATIONS: None 3. PUBLIC COMMENTS: Lew Herndon reiterated the need for more sports fields for kids in Diamond Bar and asked the City to set aside proceeds of the sale of the Site D property for development of sports fields. Mr. Herndon also asked the Council to accept an additional 700 signatures on a petition supporting the idea. SEPTEMBER 3, 2013 . PAGE 2 CITY COUNCIL Nancy Lyons complimented and _ thanked the Council on the very enjoyable Concerts in the Park and Movies under the Stars event held this year. She also complimented the Volunteens on their support to those attending the event. Acting Librarian Pui-Ching Ho, Diamond Bar Library, announced events sponsored by the library including the beginning of a book club for teens on Wednesday, September 4 at 4:00 p.m.; Saturday, September 7 at 12:00 noon beginning and pre -reader children can read aloud to a therapy dog; and Tuesday, September 10 from 3:30 to 4:30 p.m. Tyco Drumming. For more information, stop by the library reference desk or call 909-861- 4978. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Diamond Bar Day at the Los Angeles County Fair — September 5, 2013 — Los Angeles County Fair Grounds, Pomona. 5.2 Planning Commission Meeting — September 10, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive (canceled). 5.3 Traffic and Transportation Commission Meeting — September 12, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 City Council Meeting September 17, 2013 - 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 6. CONSENT CALENDAR: CITye moved, C/Herrera seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES: (a) Study Session of August 20, 2013 — Approved as submitted (b) Regular Meeting of August 20, 2013 — Approved as submitted. SEPTEMBER 3, 2013 PAGE 3 CITY COUNCIL IN 6.2 PLANNING COMMISSION MINUTES: (a) Study Session of June 25, 2013 — Received and Filed. (b) Regular Meeting of June 25, 2013 — Received and Filed. 6.3 PARKS AND RECREATION COMMISSION MINUTES: (a) Regular Meeting of May 23, 2013 — Received and Filed (b) Regular Meeting of June 27, 2013 — Received and Filed 6.4 APPROVED TREASURER'S STATEMENT- July 2013. 6.5 APPROVED CONTRACT WITH REGIONAL CHAMBER OF COMMERCE — SAN GABRIEL VALLEY FOR FY 2013-14 IN AN AMOUNT NOT -TO -EXCEED $12,000. 6.6 AWARDED CONTRACT TO GERONIMO CONCRETE, INC. FOR CONSTRUCTION OF THE PANTERA DOG PARK ADA ACCESS IMPROVEMENT PROJECT IN THE AMOUNT OF $37,200, PLUS A CONTINGENCY OF $3,720 (10%) FOR A TOTAL AUTHORIZATION OF $40,920; PLUS, APPROPRIATED $23,000 FROM GENERAL FUND RESERVES TO FUND THE CONSTRUCTION OF THE STAIRCASE ($7,000) WITH A CONTINGENCY ($3,720), PLAN CHECK INSPECTION SERVICES ($5,000), AND COSTS FOR THE INSTALLATION OF THE SHADE SHELTERS ($7,280). PUBLIC HEARING: 7.1 2008-2014 HOUSING ELEMENT IMPLEMENTATION — PROPOSED AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT (PLANNING CASE NO. PL 2013-227). a) RESOLUTION NO. 2013 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH No. 2012061066), APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM AND ADOPTING FINDINGS OF FACT FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT, AFFECTING AN AREA COMPRISED OF APPROXIMATELY 30 ACRES, GENERALLY LOCATED ALONG THE WEST SIDE OF CHINO HILLS PARKWAY, SOUTH OF ITS INTERSECTION WITH DIAMOND RANCH ROAD/SCENIC RIDGE DRIVE, AND SOUTH SEPTEMBER 3, 2013 PAGE 4 CITY COUNCIL OF THE SR -60 FREEWAY AND DIAMOND RANCH HIGH SCHOOL (ASSESSOR'S PARCEL NUMBER 8701-022-373). b) RESOLUTION NO. 2013 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING A GENERAL PLAN AMENDMENT FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT (PLANNING CASE NO. PL2013-227) ON PROPERTY LOCATED WEST OF CHINO HILLS PARKWAY, SOUTH OF DIAMOND RANCH HIGH SCHOOL, DIAMOND BAR, CALIFORNIA (EASTERLY PORTION OF ASSESSOR'S PARCEL NUMBER 8701-022-273). c) ORDINANCE NO. 0X(2013): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AMENDMENTS TO THE DEVELOPMENT CODE AND OFFICIAL ZONING MAP FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT (PLANNING CASE NO. PL2013-227) ON PROPERTY LOCATED WEST OF CHINO HILLS PARKWAY, SOUTH OF DIAMOND RANCH HIGH SCHOOL, DIAMOND BAR, CALIFORNIA (EASTERLY PORTION OF ASSESSOR'S PARCEL NUMBER 8701-022-273). d) URGENCY ORDINANCE NO. 0X(2013): AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AMENDMENTS TO THE DEVELOPMENT CODE AND OFFICIAL ZONING MAP FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT (PLANNING CASE NO. PL2013-227) ON PROPERTY LOCATED WEST OF CHINO HILLS PARKWAY, SOUTH OF DIAMOND RANCH HIGH SCHOOL, DIAMOND BAR, CALIFORNIA (EASTERLY PORTION OF ASSESSOR'S PARCEL NUMBER 8701-022-273). ACM/Doyle introduced CDDIGubman who would provide the report on this item. ACM/Doyle stated that this matter is a result of a requirement by the State of California and that there is no proposed development project in front of the City Council and that it is simply a land use change. CDDIGubman introduced SPILee, Project Manager, John Douglas, Housing Element Consultant and preparer of the Environmental Impact Report that staff will be asking Council to certify this evening, Richard Barretto, Traffic Engineer who prepared the EIR's SEPTEMBER 3, 2013 PAGE 5 CITY COUNCIL Traffic Impact Analysis (TIA) and Steve Sasaki, City Traffic Consultant who performed the peer review on behalf of the City for the TIA. CDDIGubman stated that Council will be asked to take the following actions this evening including Certification of the Environmental Impact Report and various approvals for consideration tonight. Certification means to concur that the Environmental Impact Report prepared by staff adequately and objectively identifies and discloses the potential environmental impacts that could eventually result from the proposed zone change and that the EIR adequately identifies mitigation measures to minimize environmental damage should the proposed zone change become adopted and eventually lead to a development project sometime in the future. In addition, staff is proposing a General Plan amendment to the Land Use Element Map and amendment to the City's Development Code. The zoning map is the map that shows what areas in the City those regulations would apply to. Staff is proposing these actions because the California Legislature declared that the provision of decent affordable housing for all economic segments of population to be of such statewide profound importance that the State deemed it necessary to interfere to a certain extent, in local land use control, by, mandating that cities at least zone sufficient land to accommodate their local share of the regional housing need. The Southern California Association of Governments (SCAG) is responsible for determining the housing growth need for all of southern California with the exception of San Diego County. The RHNA number that has been assigned to the City of Diamond Bar as well as, to all agencies within SCAG's region, is considered a planning target, not a development quota or mandate that the number of allocated housing units be developed. The requirement is that the City must make land available so that target could be achieved. In short, there is no development proposed as part of this rezoning effort and the City is only satisfying the requirement to make the land available to meet its RHNA target. Diamond Bar's fair -share RHNA allocation for very low housing is 490 dwelling units and state law requires that cities zone property at a maximum density of 30 -units per acre which equates to about 17.3 acres. The Housing Element is required to identify sites that can SEPTEMBER 3, 2013 PAGE 6 CITY COUNCIL accommodate the City's need. Currently within the Development Code the highest density designation the City has is to allow a maximum of 20 -units per acre. This process is designed to first create a zoning designation with associated regulations for 30 -unit per acre density developments and then to identify land within the City that would be subject to that zoning designation. The California Department of Housing and Community Development (HCD) is delegated the authority to review Housing Elements and to determine that cities' housing elements are in compliance with the provisions of state law. Diamond Bar embarked on the most current Housing Element update which covers the planning period from 2008-2014 in 2007 and worked diligently with the HCD to get the Housing Element certified. To meet the RHNA target, the City initially proposed rezoning the Kmart Center to allow for mixed use to include commercial and residential. Unfortunately, HCD rejected that proposal based on the fact that the site is already developed even though it is staff's and in general, the City's view that this site is underperforming and underutilized which is usually where opportunities are sought for intensifying development. However, HCD felt there were too many obstacles to making that site a viable housing opportunity site within the designated planning period. Taking into account all of the potentially available sites in Diamond Bar, the only area that staff could identify that was of sufficient size absent other encumbrances was within the 700 acres of Tres Hermanos that lies within the City. Staff proposed to HCD that it would write language into the City's Development Code that it would require, should a Master Plan, Specific Plan or large-scale development plan come under consideration for Tres Hermanos, a housing component would be included. HCD's response was that it was a great idea but that the Master Plan would need to be fully vetted and adopted by October 15, 2013 which the.City was not able to satisfy. Staff then looked at individual parcels for rezoning which included consideration of the size of the parcel, adjacency to existing development and other infrastructure and found such sites near Diamond Ranch High School. The penalty for not completing this process by October 15, 2013 would be an increase in the target requirement from 490 to 956 units. Moreover, if the City does not meet the deadline for rezoning of the 490 units within the current planning period, the currently SEPTEMBER 3, 2013 PAGE 7 . CITY COUNCIL certified and adopted Housing Element could be found to be out of compliance with state law which would give the State the option of intervening and taking over local control of the City's land use decisions. Before Council this evening is a General Plan Amendment and Zone Change to allow 490 units at a net density of 30 -units per acre to be applied to either Site A or Site B as shown on the plan. No development is proposed and there is no foreseeable plan for development of either Site A, Site B or any portion of the sites. This project is an effort to meet the requirement of making land available in the event that there is any future interest in development of either site. Although staff is proposing this zoning designation to meet the City's lower income housing need, the City is not required to subsidize low-income housing nor is development required to be low income housing. State law strictly states that density of 30 -units per acre is presumed, by default, to allow development at a high enough density so that economies of scale emerge to make the development of affordable housing feasible. Should a Specific Plan or Master Plan be forthcoming for Tres Hermanos, rezoning Site A or Site B would provide the placeholder to keep the City in compliance and keep the City from incurring penalties that could be imposed should it fail to meet its deadline. If a more comprehensive plan were to be crafted for Tres Hermanos the City could mitigate the concentration of affordable housing or high density housing from Site A or Site B into a larger planning area. CDD/Gubman again emphasized that the City's only obligation is to adopt zoning that would allow 490 units at a 30 -unit per acre density. The rezoning of this property does not immediately invite development. The EIR sets forth very detailed prerequisites and other requirements for development as well as, building codes and development restrictions on air quality, water quality, traffic studies, access issues, safety issues, biological studies, and a myriad of other requirements that would be subject to a technical engineering and review process. The EIR analyzed Sites A and B and reviewed a list of alternatives set forth in CEQA, which included a no project alternative and infill sites {K -mart, Brea Canyon Road/Lemon Avenue northwest of SEPTEMBER 3, 2013 . PAGE 8 CITY COUNCIL Golden Springs Drive and Tres Hermanos South). The EIR concluded that all of the potential impacts on either Site A or B can be reduced to a level below significance through compliance with mitigation measures identified. The selection of an infill alternative would require HCD to approve an amendment to the City's Housing Element and since HCD rejected the initial infill alternative it is unlikely it would be successful. The EIR concluded that the Tres Hermanos South site offered no difference from Site A or Site B. Since staff concluded there would be no impacts to Site A or B that could not be mitigated to levels below significance, there is no superior reason to select this alternative. CDDIGubman summarized the proposed project which started in 2008 when the City embarked on the fourth cycle Housing Element update. Six public hearings were held between 2008 and 2011 with a final public hearing before the City Council to adopt the Housing Element for the current planning period that included one of the program requirements to look at the Tres Hermanos area for rezoning. A Notice of Preparation was issued on June 14, 2012, the official public notice that the City will be embarking on the preparation of an EIR and to solicit input from public agencies and interested parties to help the City identify the scope of what the EIR needs to cover. A scoping meeting was held on June 21, 2012. Following publication of the NOP and Scoping Meeting two articles about this effort were published in The Tribune on July 7 and July 26, 2012. One of the articles included contact information for the City's further information or input. The EIR was published for public review on May 24, 2013 with a 45 -day public comment period when the City received comments from public agencies and private individuals which were published in the Response to Comments, an additional required volume of the EIR. The Draft EIR with minor refinements along with the Response to Comments volume comprised the Final EIR. Following the publication of the Final Environmental Impact Report, staff took the matter to the Planning Commission on August 13, 2013. Agencies that reviewed the Draft EIR included the California State Clearinghouse, Caltrans, SCAQMD, LA County Fire Department, City of Chino Hills, City of Pomona and the City of Industry's Redevelopment Successor Agency. The City received comments from Caltrans, SCAQMD, LA County Fire Department, City of Pomona, City of Chino Hills and residents of Pomona and Diamond Bar, all of which were included in the Response to Comments volume of the Final EIR. State law limits what is an environmental issue and what is a public policy issue and the EIR can only focus on environmental issues. SEPTEMBER 3, 2013 PAGE 9 CITY COUNCIL Ultimately, the EIR concluded that there wouldn't be any environmental impacts that would remain significant after mitigation measures were imposed. Staff recommends Site A due to its locational advantages over Site B. Whether the Council selects Site A or Site B, the environmental impacts can be mitigated. Site A is closer to a major arterial (Chino Hills Parkway), there are shorter distances to roadways, less disturbance to biological habitat, better emergency response capabilities and is further away from noise and air quality issues than Site B might suffer given its proximity to the freeway. Site B's advantage over Site A is that the topography is somewhat gentler, so development would require less earthwork; however would still require disturbance of Site A to provide access to Site B. The Planning Commission held a public hearing on August 13, 2013, received public testimony, closed the public hearing and recommended that the City Council Certify the EIR; adopt a General Plan Amendment; the amendments to the City's Development Code; and, that Site A be selected as the rezone location. Staff recommends that the City Council receive public testimony and make its decision on the EIR, General Plan Amendment, Development Code Amendment and Zone Change. Should the City Council approve those actions the HCD will be provided with those decisions and final actions for review of consistency with the Certified Housing Element and will move forward with its next Housing Element update for the next planning period. The Planning Commission requested in its resolution that staff again attempt to get HCD approval of the Kmart site and to more generally look at other opportunities to rezone to relieve Site A as the process moves forward with HCD. In the meantime, if the zone change is adopted the City will be in compliance with the Housing Element and avoid the rollover penalty. C/Herrera asked why a portion of Site A was overlaid onto Diamond Ranch High School's parking lot. CDDIGubman pointed out the parcel boundary for Site A and Site B and reported that staff learned through this process that the school parking lot encroaches into the City's property. SEPTEMBER 3, 2013 PAGE 10 CITY COUNCIL C/Tye asked "so what" if a perspective site is already developed. If the City had redevelopment available and could come to an agreement with the Kmart property owners and tenants, the City could redevelop the property with different zoning that included more housing. He did not understand HCD telling the City what it could and could not do. When he learned that the potential use of land control is an option, he believed the City had already lost control by having them tell the City where it can and cannot rezone for affordable housing. CDD/Gubman said he agreed with C/Tye and would not be surprised if there were examples elsewhere in the State where identifying a developed site was perfectly okay with HCD, which is part of staffs frustration in going through this effort. Should the City have a willing developer that comes forth with a development plan for the Kmart site that includes high density housing the City would have a very compelling argument to ask HCD for the City to be able to amend the Housing Element to accept those housing units that would be contained within the Kmart site. M/Tanaka opened the Public Hearing at 7:47 p.m. Brian McGurty, 24419 Top Court, said he represented himself and 200 homeowners on the west side of this project for which they have filed a petition with the City. He and his neighbors support Site A because it would cost less to develop, would result in less environmental damage and is immediately adjacent to Chino Hills Parkway while Site B is almost a mile away. It would be more costly to develop Site B and there would be more grading, more pavement, and longer conveyances for utilities. Since major portions of Site A would have to be graded to provide access to Site B, by selecting Site B it would require development of both sites. Site A could be developed immediately adjacent to Chino Hills Parkway with no loss of riparian habitat or oak woodlands, whereas, Site B has a very high feature riparian strip which would mean a major loss of rare and scarce habitat and oak woodland. Diamond Ranch High School was located where it resides today in order to avoid the riparian strip,and oak woodland. With Site A there would be no view obstruction from pre-existing homes whereas, there are homes on Gold Point Place, Lisa Court, Top Court, Armitos Place and Rockbury with Site B. Site B is too close SEPTEMBER 3, 2013 PAGE 11 CITY COUNCIL to the freeway and would suffer from noise and poor air quality. While In support of Site A as recommended by the Planning Commission and staff, there are concerns with both sites. The location does not appear to be consistent with the goals for placement of affordable housing. The sites are rather isolated and there are no Diamond Bar services immediately accessible; therefore would be a challenge to integrate this site into the community. Either site would result in services being provided by the City of Pomona. Government Code states that land suitable for development requires 1) vacant residentially zoned sites; 2) vacant non - residentially zoned sites that allow residential development; 3) to use under-utilized residentially zoned sites capable of being developed at a higher density; and, 4) take a non -residentially zoned site and rezone it for residential use. It appeared to him that C1Tye was correct in stating that this proposal was considered in reverse order. Government Code also encourages any development such as.this type of development to avoid agricultural areas. All of the Tres Hermanos property under consideration is zoned agricultural and is bordered by agricultural property on more than two sides. Diamond Bar has an opportunity to maximize this project which is a challenge. Staff has worked very hard with limited options. He challenged the City Council to make this project a cost-effective community asset, minimize the footprint and disruption and make it so that it actually integrates into the Diamond Bar community, which neither Site A nor Site B does since there is no Diamond Bar infrastructure nearby. Perhaps the placeholder option as stated by CDD/Gubman will work and asked the Council to make a commitment to pursue that option. Denton Mosier, Chair, City of Pomona Planning Commission, said he was present to speak as a private citizen and resident of Phillips Ranch. He does not believe an approval would be fair to the residents of Phillips Ranch and Pomona. This proposal places the project as close to Pomona as possible and as the previous speaker stated the City of Pomona would have to provide all of the services. He is opposed to both Site A and Site B. He pointed out where he believed the EIR was incomplete. Arturo Jimenez, Pomona, opposed the project based on social justice issues. He felt the City would be subject to lawsuits for segregationist policies if it moved forward with this project. SEPTEMBER 3, 2013 PAGE 12 CITY COUNCIL Silvia Merrill, Rainbow Place, opposed the project based on comments made by the first two speakers. She believed this would be the beginning to more expansion and would lead to loss of precious open spaces valued by residents of Diamond Bar. She voted for Diamond Bar Incorporation because she recognized that the planning for the City was not proactively dealing with the rapid growth that was occurring in the area. She understands that staff has to deal with the planning fiasco that started prior to incorporation and believed that was a reason for the City to work more diligently to avoid the current situation. She asked the City Council Members and staff to ensure that eight years from now the City will not lose and have to again talk about rezoning precious open space areas. Residents want more open space and more parks. The City has underutilized areas and residents totally support the rehabilitation of Kmart and other areas to spread the State's requirements. This is not a process that the State is mandating without input from the cities. Cities including Diamond Bar are part of SCAG activity and planning. As politicians, Council Members are expected to work these activities for the good of cities and residents. Diamond Bar residents receive the Diamond Bar News and encouraged the City to use the publication to educate all residents and not just those within a thousand foot radius so that the residents have a better understanding of what the State requirements are so that Council Members and staff can receive more support and input from residents who can help in the planning activities. Debra Martin, Council Member, Pomona, speaking as a resident, said she opposed the project because high density living contributes to crime and increased response time by firefighters and police due to cutback in stations and personnel. Ginna Escobar, 68 Sundance Drive, Pomona, Vice Mayor of Pomona, said she was present to speak as a private citizen. The safety and sense of her community is being compromised in .a negative way by this project. She took exception to the City's notification process, the faulty EIR and the City's consultant who she believes needed to conduct a more thorough analysis of the impacts of low income housing and the dangers it impresses on a community as well as, the negative impact to safety services and the permanent negative impacts to residents. The majority of Pomona residents with whom she has spoken to regarding this matter were shocked and SEPTEMBER 3, 2013 PAGE 13 CITY COUNCIL concerned that they are not privy to this information. Residents are disappointed and no longer trust their representatives and refuse to believe their voices can be heard. Diamond Bar City Council Members are wonderful individuals who were elected for poise, leadership and ability to connect and empathize with the community. She asked Council Members to reconsider the location for this project and make sure the reports are thorough and all questions are answered so that they can make an informed decision. Stacey Stecker, 10 Ridgewood Court, said she believed this proposal was socioeconomic segregation. She spoke with a district representative at HCD to ask if this project was possible for Diamond Bar to do given how closely it borders Pomona and all of the financial impact it would bring to Pomona. He said it was not something he could immediately comment on but did encourage members of the neighbors in Phillips Ranch, Pomona and Tres Hermanos to contact HCD because it could result in a potential legal situation. She spoke with -SCAG and received confirmation as well. No one would go on record but this is what she found as a concerned individual. Bob Kalockee, Phillips Ranch, said that Diamond Bar is confronted with major decisions about its future. He asked if the City could request a six month extension for the City to meet its compliance for rezoning. Lew Herndon, 40 year Diamond Bar resident, said it sounded to him like the City needed to make a decision unless an extension could be arranged. He empathizes with all of the speakers but as a resident of Diamond Bar he did not want to take a chance that the City would have to find accommodations for 900 residents instead of 400 residents. He believes the Council Members should move forward. Staff has put in a lot of time and money into this study and he does not want the City to be non-compliant. Larry Taylor, Phillips Ranch, said he echoed the sentiments of previous speakers regarding the impact to Phillips Ranch and Pomona that many additional residents would have on the schools, crime, and home values. He asked the City Council to look at another location that would be amenable to both Diamond Bar and Pomona. l SEPTEMBER 3, 2013 PAGE 14 CITY COUNCIL Tye Wallace, Phillips Ranch, said he grew up in Diamond Bar and was concerned about what he felt was a Pomona project because Diamond Bar is far removed from this 30 -acre parcel. It does not make any sense that Diamond Bar would be able to provide services to that property because in his opinion, they would have to go to Pomona or Chino Hills for services. This kind of development would be detrimental to Pomona and it will not benefit Diamond Bar in any way. There is no easy way to get fire and police to that remote area. Roberta Perlman, 3 Navajo Trail Lane, Pomona, said she does not represent the School Board with her comments. PUSD educates children. This is a very, very large project. Adding another 1000 cars to Chino Hills Parkway would be problematic. There have always been concerns about the emergency access to Diamond Ranch High School and adding that many residences is very frightening. Pomona struggles financially and to provide extra fire and police protection would create a financial burden which impacts all of the schools. She holds the Diamond Bar City Council Members in high esteem but does not feel that the communication was what it should have been with respect to this project. She asked the Council to request an extension, look for another location and keep everyone informed. With no further testimony being offered, M/Tanaka closed the Public Hearing at 8:30 p.m. ClHerrera asked if the HCD would give Diamond Bar an extension. ACM/Doyle responded that specific dates are within state law and does not believe extensions are available. CDDIGubman stated that there are no options for an extension. Whatever the City does not rezone as part of the 490 units by the deadline would roll over into the next planning period. If the City does not conclude the rezoning by October 15 the 490 unit number is rolled over and there is no extension. ClHerrera stated that this is merely a zoning issue before the City Council today and not an actual project. ACM/Doyle stated that ClHerrera was correct. SEPTEMBER 3, 2013 PAGE 15 CITY COUNCIL ClHerrera said that some of the speakers spoke to fire and police protection and the burden it would place on Pomona. ACM/Doyle said he appreciated the opportunity to speak on that matter because it was a recurring theme that services would not be provided by the City of Diamond Bar. He reassured the City Council and the community that the City of Diamond Bar services all of its residents no matter where they live in the jurisdiction. With respect to emergency access at Diamond Ranch High School, the Los Angeles County Sheriff's Department, under contract with the City of Diamond Bar, provides law enforcement services at Diamond Ranch High School so the City is already providing service in that area. In extreme situations there is something termed "mutual aid" which means that under extreme circumstances other agencies would come into another jurisdiction to provide services when there is an extraordinary event such as the Yosemite fire, which has firefighters from Los Angeles County under "mutual aid" distribution. While it is true that in an extreme circumstance, a mutual aid call may go out and other jurisdictions may come in and provide services in Diamond Bar; that is not the day to day operation. Day to day, the LA County Fire Department and Sheriff's Department provide services for ALL Diamond Bar residents. ClHerrera said that it was mentioned that there had been inadequate notification and asked for clarification as to the law that the City is required to notify within 500 feet? ACM/Doyle stated that this is a constant issue for local government whether it is a project specific or about any information staff is providing the City Council. The City of Diamond Bar will do everything in its power to notify as many people as possible. In many cases, Diamond Bar exceeds state law and in most cases, the information is available on the City's website and other locations as well. Diamond Bar is constantly outreaching to the community to get information to all concerned parties. CDD/Gubman stated that the law requires notification to property owners within a 300 foot radius of the subject property and publication in a newspaper of wide distribution. The City has sent out mail notification to property owners within a thousand foot radius, published advertisements in both The SEPTEMBER 3, 2013 PAGE 16 CITY COUNCIL Tribune and Daily Bulletin, and posted the property with a 4x6 foot public hearing notice boards at two locations along Chino Hills Parkway for this project. C/Herrera asked if the City of Pomona and PUSD were notified. CDDIGubman responded that both were notified. All adjacent jurisdictions were notified which included Pomona and Chino Hills. Because this site is located adjacent to a PUSD asset, staff, as a matter of due course notified the school district as well. ACM/Doyle stated that over a year ago Diamond Bar received a letter from the Office of the Mayor of the City of Pomona about this specific project. Certainly notification was known at that time. Staff then responded with a letter thanking them for their comments and their interest in the project and suggested a sit- down with respective staff's to clarify any issues or concerns they might have. That letter was drafted July 25, 2012 and was received by Diamond Bar which then responded on August 15, 2012. ClChang said she keeps hearing folks imply that segregation is a motive for this project. She was looking at the photos and noticed that Diamond Ranch High School is on the property next to Site A and Site B. She asked if segregation was an issue raised when Diamond Ranch High School was first being considered. She is offended by that type of insinuation because Diamond Ranch High School serves the northern part of Diamond Bar and her understanding was that the City really needed that school. At no time did she recall there being any consideration of segregation brought up about Diamond Ranch High School. Site A and Site B is part of Diamond Bar. ACM/Doyle said he was not with the City when Diamond Ranch High School was first being considered and that he arrived just as it was opening. Certainly in Diamond Bar there is no discrimination or segregation and believes it is a non -issue for this community. CITye reminded a speaker that designated land is not open space. The land belongs to somebody. In this case the land belongs to the City of Industry. SEPTEMBER 3, 20'13 PAGE 17 CITY COUNCIL ACM/Doyle said that CITye was correct that the land was passed to the City of Industry's Successor Agency after redevelopment was eliminated. CITye said it is not like the City is trying to rezone Open Space. He asked if Consultant Douglas had ever heard the term "socioeconomic segregation" used by HCD, SCAG or any other entity. Mr. Douglas said that he had not. In fact, the RHNA process (fair share housing needs) process is based on different economic segments that are present in every community. State law and the RHNA process requires that every city plan for the full range of economic segments within its boundaries. CITye agreed with C/Chang and found it offensive to hear lawsuits threatened, to hear socioeconomic segregation when this project has nothing to do with either. He is offended to hear that crime will be a result of the impact of this project. He recommended that speakers follow the Diamond Bar plan because this community is enjoying decade low crime levels. The results of crime are the result of what is put in place at the State level which is the early release of criminals. What he finds even more offensive is the State telling cities what they will or will not do. He is a proponent of "let them sue us". At some point people have to say they do not accept this. Given the punitive nature of the State, as CDDIGubman stated, Site A could be considered a placeholder while the City looks for other opportunities. Within months of being elected to the City Council he attended a "goals" workshop and at that time he said he would love to see from the SR -60 south to Golden Springs Drive and Diamond Bar Boulevard west, flatten the area and build something that would be cohesive. Even though there are a lot of problems with that plan it does not mean it can't happen. If the City ever had that opportunity it does mean affordable housing could be included. And what is affordable? Right now, he could not afford the house he lives in. Overall, that is more offensive than anything that has been said tonight. ACM/Doyle said that before the ink is dry staff will be undertaking the same process and the City will take another run at HCD for the Kmart property and any other property that seems appropriate as the process moves forward. Staff is just as frustrated as the Council and audience members are with SEPTEMBER 3, 2013 PAGE 18 CITY COUNCIL HCD. Staff had what they thought was a legitimate location and actually have a major property owner who is interested in redeveloping that property. HCD, in somewhat of an arbitrary and capricious nature basically said "No" and while staff shares the comments, staff believes it is in the City's best interest and its residents to approve this item tonight to eliminate the risk of doubling the RHNA number and the risk of potential litigation efforts if the State or HCD was to attempt to take away the City's land use authority. Other cities have had that happen and at that point, Diamond Bar would have no decision making power over land use decisions. For those reasons, staff believes it is appropriate for Council to take the action understanding that the City is about ready to undergo this process again and staff will be looking at ALL potential locations. C/Chang asked staff to confirm that upon approval and certification, the City can go back and ask HCD to consider Kmart for the next cycle. ACM/Doyle said absolutely and acknowledged CDD/Gubman's affirmation and said that staff would begin that process shortly. ClChang said she agreed with C/Tye that the City should consider approving what is before the Council tonight and ask staff to pursue other options for the next cycle. M/Tanaka thanked everyone for attending tonight's meeting, speaking and providing their opinions. This evening there is no development being proposed. Staff and Council are interested in exploring other sites but with the looming deadline the Council will have to make a decision this evening. Diamond Bar always strives to be a good neighbor. MPT/Everett thanked staff for the thoughtful and clear presentation and thanked the people who spoke and helped him sift through the presentation. He is in favor of staff's recommendations, along with the recommendation that Diamond Bar continue to pursue other options. SEPTEMBER 3, 2013 PAGE 19 CITY COUNCIL {a} ADOPT NO. 2013-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 2012061066), APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM AND ADOPTING FINDINGS OF FACT FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT, AFFECTING AN AREA COMPRISED OF APPROXIMATELY 30 ACRES GENERALLY LOCATED ALONG THE WEST SIDE OF CHINO HILLS PARKWAY, SOUTH OF ITS INTERSECTION WITH DIAMOND RANCH ROADISCENIC RIDGE DRIVE, AND SOUTH OF THE SR -60 FREEWAY AND DIAMOND RANCH HIGH SCHOOL (ASSESSOR'S PARCEL NUMBER 8701022-273). C/Herrera moved, MPT/Everett seconded, to Adopt Resolution No. 2013-28: A resolution of the City Council of the City of Diamond Bar, California, Certifying the Final Environmental Impact Report (SCH No. 2012061066), Approving the Mitigation Monitoring and Reporting Program and Adopting Findings of Fact for .the Affordable Housing Land Use and Zoning Designation Project, Affecting an Area Comprised of Approximately 30 acres Generally Located Along the West Side of Chino Hills Parkway South of its Intersection with Diamond Ranch Road/Scenic Ridge Drive, and South of the SR -60 Freeway and Diamond Ranch High School (Assessor's Parcel Number 8701-022-273). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None (b) ADOPT RESOLUTION NO. 2013-29: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING A GENERAL PLAN AMENDMENT FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT (PLANNING CASE NO. PL2013- 227) ON PROPERTY LOCATED WEST OF CHINO HILLS PARKWAY, SOUTH OF DIAMOND RANCH HIGH SCHOOL, DIAMOND BAR, CALIFORNIA (EASTERLY PORTION OF ASSESSOR'S PARCEL NUMBER 8701-022-273). SEPTEMBER 3, 2013 PAGE 20 CITY COUNCIL ClHerrera moved, C/Chang seconded, to Adopt Resolution No. 2013-29: A Resolution of the City Council of the City of Diamond Bar, California, Adopting a General Plan Amendment for the Affordable Housing Land Use and Zoning Designation Project (Planning Case No. PL2013-227) on Property Located West of Chino Hills Parkway, South of Diamond Ranch High School, Diamond Bar, California (easterly portion of Assessor's Parcel Number 8701-022-273). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None (c) FIRST READING BY TITLE ONLY AND WAIVE FULL READING OF ORDINANCE NO. 07(2013): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AMENDMENTS TO THE DEVELOPMENT CODE AND OFFICIAL ZONING MAP FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT (PLANNING CASE NO. PL2013-227) ON PROPERTY LOCATED WEST OF CHINO HILLS PARKWAY, SOUTH OF DIAMOND RANCH HIGH SCHOOL, DIAMOND BAR, CALIFORNIA (EASTERLY PORTION OF ASSESSOR'S PARCEL NUMBER 8701-022-273). MPT/Everett moved, ClHerrera seconded, First Reading by Title Only, and Waive Full Reading of Ordinance No. 07(2013): An Ordinance of the City Council of the City of Diamond Bar Approving Amendments to the Development Code and Official Zoning Map for the Affordable Housing Land Use and Zoning Designation Project (Planning Case No. PL2013-227) on Property Located West of Chino Hills Parkway, South of Diamond Ranch High School, Diamond Bar, California (Easterly portion of Assessor's Parcel Number 8701-022-273). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M1Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None SEPTEMBER 3, 2013 PAGE 21 CITY COUNCIL (d) ADOPT URGENCY ORDINANCE NO. 06(2013): AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AMENDMENTS TO THE DEVELOPMENT CODE AND OFFICIAL ZONING MAP FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT (PLANNING CASE NO. PL2013- 227) ON PROPERTY LOCATED WEST OF CHINO HILLS PARKWAY, SOUTH OF DIAMOND RANCH HIGH SCHOOL, DIAMOND BAR, CALIFORNIA (EASTERLY PORTION OF ASSESSOR'S PARCEL NUMBER 8701-022-273). ClHerrera moved, ClChang seconded, to Adopt Urgency Ordinance No. 06(2013): An Urgency Ordinance of the City Council of the City of Diamond Bar Approving Amendments to the Development Code and Official Zoning Map for the Affordable Housing Land Use and Zoning Designation Project (Planning Case No. PL2013-227) on Property Located West of Chino Hills Parkway, South of Diamond Ranch High School, Diamond Bar, California (easterly portion of Assessor's Parcel Number 8701-022-273. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPTIEverett, MlTanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: 8.1 ADOPT ORDINANCE NO. 03(A) (2013): IDENTIFYING THE LOCATION OF REGULAR MEETINGS OF THE CITY COUNCIL OF DIAMOND BAR AMENDING ORDINANCE NO. 03 (2013). ACM/Doyle reported that this is a second reading of Ordinance No. 03A (2013): Identifying the location of regular meetings of the City Council of the City of Diamond Bar Amending Ordinance No. 03(2013). This item is brought to the Council due to the construction and remodeling at the SCAQMD facility that has required Diamond Bar to hold its Council Meetings in the Windmill Room at City Hall. Staff was recently notified that construction is anticipated to continue for the next couple of months and staff is requesting that the Council continue to allow the meetings to take place in this facility in order to continue the public notice process. SEPTEMBER 3, 2013 ,PAGE 22 CITY COUNCIL C/Herrera moved, ClChang seconded, to Adopt Ordinance No. 03(A) (2013): Identifying the Regular Meetings of the City Council of Diamond Bar amending Ordinance No. 03(2013). Motion carried by the following Rall Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, MlTanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTSICOUNCIL MEMBER COMMENTS: ClChang reminded everyone they could follow her on Facebook, Twitter, Pinterest and Foursquare. She thanked the Diamond Bar Community Foundation for sponsoring the last Concerts in the Park this summer and that the Foundation members are unpaid volunteers who work very hard on behalf of this community. She also thanked Jody Roberto, former Chair of the Foundation. CITye hoped everyone would join the City Council on Thursday at the Diamond Bar Day at the Fair which is always a lot of fun. He missed the last Concerts in the Park on August 21 due to his attendance at the Contract Cities Board of Directors meeting at the LA County Arboretum sponsored by the Sheriff's Department. Sheriff Baca shared information about crime rates and how he will handle the "Early Release Program". On September 2nd he celebrated with the volunteers at the Sunshine Seniors who honored the folks who make the group possible including Sushma Kashyap, Jack Shah and their team. The group is growing by leaps and bounds and the team does a wonderful job. Ken Bayless retired his position as delegate to the Greater Los Angeles Vector Control District. The Executive Board will begin the process of replacing Ken who has done a spectacular job during the past six years. Ken retires after 40 years serving the public in safety and public health. Ken will serve through the end of 2013. CITye asked that tonight's meeting be adjourned in memory of Betty Phillips, long time Diamond Bar resident of 50 years. ClHerrera said she attended a lot of meetings during the past couple of weeks. She congratulated the Sunshine Seniors for a very profitable and popular event yesterday. Over 500 people attended. The group announced that it has over 1000 members. There are a lot of very SEPTEMBER 3, 2013 PAGE 23 CITY COUNCIL dedicated volunteers. Jack Shah was recognized for being a stellar Volunteer of the Year. He is always there to help everybody. Kudos to President Sushma Kashyap for a great event. MPT/Everett attended the last Concerts in the Park event sponsored by the Diamond Bar Community Foundation. The next day he attended the WVUSD C. J. Morris Elementary School reopening. Principal Donna Hunter is an active leader in the Walnut Valley. Thanks to taxpayers who made that and other school projects possible. He and CM/DeStefano attended the League of Cities LA Division Third Annual Economic Development Conference, which was a phenomenal event. There were 15 speakers at the Conference and attendees took the LA Harbor tour. Kish Rajan, Director of the Governor's Office of Business and Economic Development spoke. It will be a challenge to the leaders and their constituents to help get the redevelopment engine fired up. Last Friday he received nine applications for the planning commission seat vacated by Steve Nelson. He plans to present his recommendation to Council at the next meeting. Last night he joined his colleagues for the Sunshine Seniors Association Donor Appreciation Party. It was a delight to see friends and neighbors having a great time and focus on healthy living. President Sashma Kayshup did a tremendous job of communicating and keeping the program moving forward. The group got its start 15 years ago thanks to Jack Shah and Mangal Gulshan who fostered the program. Five hundred of the 1000 members were present last night. M/Tanaka thanked the Diamond Bar Community Foundation for sponsoring the -last Concert in the Park and Movies under the Stars. He thanked CSD/Rose and CSC/Tarazon for a wonderful concert season and LA County Sheriff's Department for being present for every event. That Sunday he attended a fundraiser for Diamond Ranch High School's music program. The car and motorcycle show was also attended by C/Tye. The following Tuesday was the DB4-Youth In Action meeting during which members discussed the Diamond Bar Day at the Fair, the Fall Fun Festival, a theme for the next 6th, 7th and 8th Grade Dance as well as, the Diamond Bar Community Foundation Gala scheduled for November 15. SEPTEMBER 3, 2013 PAGE 24 CITY COUNCIL He attended a Los Angeles County Sanitation District 21 meeting for regular business and discussion about the closure of the Puente Hills land fill which is scheduled for October 2013. This Thursday is Diamond Bar Day at the Fair. There will be a community reception, a Diamond Bar Parade, and a Hero's Ceremony. Congratulations to Bea McMillan, Tony Torng and Atharshna Singarajah for being selected as Diamond Bar Hero's. There will also be evening entertainment by the Hula Studio. Lastly, this Friday is the dedication for Diamond Ranch High School's football field at 6:30 p.m. ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the Regular City Council Meeting at 9:06 p.m. in memory of Betty Phillips, long time Diamond Bar resident. TOMMYE tRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 17thday of September , 2013. JACK TANAKA, MAYOR