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HomeMy WebLinkAbout12/17/2013 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER '17, 20'13 CLOSED SESSION: 6:00 p.m., Room CC -8 (canceled) Public Comments: None ► Government Code §54956.8 Conference with Real Property Negotiators Property: Brea Canyon Road and Diamond Bar Boulevard (City owned 1 acre) Negotiator: City Manager CALL TO ORDER: Mayor Carol Herrera called the Regular City Council meeting to order at 6:30 p.m: in the South Coast Air Quality Management District /Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Tye led the Pledge of Allegiance. INVOCATION: Pastor Mark Hopper, Evangelical Free Church of Diamond Bar, gave the invocation. ROLL CALL: Council Members Chang, Lyons, Tanaka, Mayor Pro Tem Tye and Mayor Herrera. STAFF PRESENT: James DeStefano, City Manager; David Doyle, Assistant City Manager; David DeBerry, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Greg Gubman, Community Development Director; Dianna Honeywell, Finance Director; Ryan McLean, Assistant to the City Manager; Marsha Roa, Public Information Manager; Kimberly Young, Associate Engineer Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator; Anthony Santos, Senior Management Analyst; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation by Captain Jeff Scroggin from the Diamond Bar/Walnut Sheriffs Station who spoke about home invasions and the City's crime statistics. C/Chang asked Captain Scroggin to.explain how residents should react when approached by individuals who are dressed as deputies as in the case of the recent home invasion perpetrators. DECEMBER 17, 2013 PAGE 2 CITY COUNCIL Captain Scroggin reiterated that those events are very, very infrequent (police imposters). Deputies are easily identified by professional dress. Residents should look out their window to determine whether there is a patrol car parked at the curb and should be shown identification prior to entry. In addition, residents should call the Sheriffs Department to make certain that there is legal business pending at their residence by calling 911 or the business line. 1.2 Lt. Tachias introduced Sheriff's Deputy Heidy Villasenor, Special Assignment Deputy. 1.3 City Council Presented a Certificate of Recognition to "Report for Reward" Recipient Barbara Decarbo for providing information that aided in the arrest of burglary suspects. 1.4 City Council presented Certificates of Recognition to Editor Krystal Spindler and Kirsten Khory, Layout and Graphic Designer for their outstanding work with The Windmill Magazine. Continued from December 3, 2013). Kirsten Khory was unavailable. BUSINESS OF THE MONTH: 1.5 MPTITye and City Council presented a City Tile to Sam and Abby Baskar, new owners of Mr. G's Pizzeria & Pasta, 2767 S. Diamond Bar Boulevard, as business of the Month for December 2013. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Overview of year long schedule of activities planned in recognition of Diamond Bar's 25 years of cityhood in 2014. CM1DeStefano stated that the City of Diamond Bar celebrates 25 years of cityhood in 2014. Staff has a long line of activities planned throughout the year. He introduced PIMIRoa who presented an overview of the activities. PIMIRoa stated that in celebration of 25 years of cityhood, events and activities have been planned for 2014 beginning with the 25th Anniversary Commemorative Logo featured on the City's monthly newsletter. Beginning January 2014 and throughout the year this logo will become a prominent fixture throughout the community by way of street light pole banners at various intersections near city facilities and along major boulevards. The commemorative logo will also emblazon City vehicles, fire engines, city letterhead and merchandise for sale such as tee shirts and mugs as well as, giveaways at special events. Because the City already holds DECEMBER 17, 2013 PAGE 3 CITY COUNCIL. several popular events it was natural to expand them to tie into the anniversary. For instance, the State of the City event in March will feature a 20 minute video depicting the City's history. The City Birthday Party in April will feature extended hours of operation, a second stage, strolling entertainment and photo opportunities with historic themes throughout the park. The 4th of ,duly returns to Diamond Bar next year and will include additional fireworks and like the birthday party, there will be much more to see and do. Concerts in the Park will include an extra concert with the 1980's music theme celebrating the year of the City's incorporation. In addition to the annual events, there are several new one-time events planned whichinclude a Bridal Show at the Diamond Bar Center on March 23 (the 10th anniversary of the facility's grand opening), a special themed event at the Bark Park featuring an array of vendors and service providers as well as, demonstrations for dogs and their owners to enjoy. There are also a few activities specifically designed around Diamond Bar's history including designing the April edition of the City News as a Commemorative Anniversary Edition with information about the City's history — its early beginnings forward to its incorporation. There will also be a Time Capsule which will invite the community to contribute and suggest items for inclusion displayed at City Hall and opened during the City's Golden 50t'' Anniversary in 2039. The first floor of City Hall will be the location of a wall-to-wall mural depicting a timeline of the City's history from the early 1800's to incorporation as well as, a rotating display of various historical items, some of which were donated by community members. Once completed (fall of 2014) it will become a location for residents and visitors to learn about the history of Diamond Bar. To close out the year, Diamond Bar will have its history and first 25 years of cityhood captured in a book that will be published as part of the Images of America -series. In order to make the anniversary a truly community -inclusive celebration, the 25th Ambassador Program has been launched, a program that is open to all Diamond Bar community organizations and businesses. Participation is free and requires very little effort. Briefly, the role of an ambassador is to assist with the event promotion and to add to the schedule of anniversary events by branding their own events or promotions with the City's Anniversary Logo. In exchange for their support, ambassadors receive free promotion of their events on the City's website and may request a City staff member to operate in the booth furnishing 25th themed giveaways at one of their special events. There are already a few individuals who have signed up for the program and the City needs DECEMBER 17, 2013 PAGE 4 CITY COUNCIL to push to expand that list. Once the program is officially rolled out in January the ambassadors will be given special decals to display on their storefronts as well as, lapel pins to wear identifying them as go -to sources for information related to the City's 25th Anniversary Celebration. More details of events will be provided in the coming months and the City's website will have detailed information about everything planned for the 25th Anniversary. The dedicated web page can easily be accessed using the friendly URL www.diamondbarca.gov/db25 3. PUBLIC COMMENTS: Allen Wilson thanked the City Attorney's email response and CC/Cribbins for answering questions regarding City issues. He said he sent an email to CMIDeStefano regarding the Diamond Bar Honda site seeking background information on the rezoning of a property. Pui-Ching Ho, Diamond Bar Librarian, announced that Santa will be at the Diamond Bar Library on Saturday, December 21 from 1:00 to 2:00 p.m. after which there will be a Holiday Music Program with music performed by Clint Perry. Beginning January 2, 2014 the Diamond Bar Library will be open one hour earlier Monday through Thursday. The new hours are 11:00 a.m. to 9:00 p.m. Monday through Thursday, Friday/Saturday 10:00 a.m. to 5:00 p.m. On behalf of the Diamond Bar Library she wished everyone the best Holiday Season. RESPONSE TO PUBLIC COMMENTS: CMIDeStefano stated that with respect to Mr. Wilson's comments regarding the property formerly known as the Honda Dealership, the email he thought he sent to Mr. Wilson actually was sent back to him. He read his email response dated 12:08 p.m. December 13: "By State law, a city sets policy for all land use decisions within the incorporated boundary and the city's sphere of influence. Therefore, yes, it is the City that is indeed the applicant (in this instance) and a recent example of where the City of Diamond Bar was an applicant for a land use application was the Tres Hermanos rezoning that took place a couple of months ago wherein the City was the applicant and the interested party behind changing hat land use category to the one the City Council approved". Mr. Wilson asked in his email whether or not it was typically more likely that a property owner or developer would be an applicant for a zone .change and often, that is the case, but often, it is the City because the City sets the land use policy for the community and sets the tone for what specific uses will take place on any given piece of property". DECEMBER 17, 2013 PAGE 5 CITY COUNCIL A question was raised about whether the applicant/property owner would pay for those fees and the answer is "Yes", if the City was the applicant (in this case it is) the City is processing and paying for all of the costs associated with the application, and it is the City Council that makes the final land use decision. The Community Development Department will present the Honda property project to the City's Planning Commission on Thursday, December 19 during 'its special meeting (regular meeting December 24 canceled) and when the Planning Commission's Public Hearing draws to a conclusion it will forward its recommendation to the City Council and the City Council will likely take action no sooner than the end of January 2014 and most likely in February. Again, the City Council is the final decision maker on all land use matters .and certain development entitlement matters like those before the Council later this evening with Site D. This is a very transparent process on a very isolated piece of property and as part of the process there: is a large sign on the property that identifies the rezoning proposal. The information is on the City's website and is found at the usual notification places including the Library. 4. SCHEDULE OF FUTURE EVENTS: 5.1 Special Planning Commission Meeting — December 19, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Planning Commission Meeting — December 24, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. (Canceled) 5.3 Christmas Holiday -- December 24 and 25, 2013 — City Offices closed in Observance of the Christmas Holiday. City .Offices reopen Thursday, December 26, 2013 at 7:30 a.m. 5.4 Holiday Tree Curbside Collection Program — December 26, 2013 through January 10, 2014. Trees free of stands, decorations and flocking may be left at the curb for free pickup during this period. Any tree over 6 feet must be cut in half. 5.5 Late Night Transit Pass Sale — Thursday, December 26, 2013 — until 7:00 p.m., Diamond Bar City Hall, 21810 Copley Drive. 5.6 Parks and Recreation Commission Meeting — December 26, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. (Canceled). 5.7 New Year's Holiday — January 1, 2014 — City Offices closed Wednesday, January 1, 2014 in observance of the New Year's Day. City Offices reopen Thursday, January 2, 2014. DECEMBER 17, 2013 PAGE 6 CITY COUNCIL 5.8 City Council Meeting — January 7, 2014 — 6:30 p.m., SCAQMDIGovernment Center Auditorium, 21865 Copley Drive (canceled) 5.9 Traffic and Transportation Commission Meeting — January 9, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.10 Planning Commission Meeting — January 14, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.11 Winter Snow Fest — January 18, 2014 — 10:00 a.m. to 4:00 p.m. — Pantera Park, 738 Pantera Drive. 6. CONSENT CALENDAR: MPT/Tye moved, C/Tanaka seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of December 3, 2013 — As submitted. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of October 24, 2013, 6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES: 6.3.1 Regular Meeting of October 22, 2013. 6.3.2 Regular Meeting of November 12, 2013. 6.4 RATIFIED CHECK REGISTER — Dated November 28, 2013 through December 11, 2013 totaling $455,518.75. 6.5 APPROVED ADJOURNING THE JANUARY 7, 2014 CITY COUNCIL MEETING TO JANUARY 21, 2014. 6.6 ADOPTED ORDINANCE NO. 14(2013): AMENDING DIVISION 5 OF CHAPTER 8.12 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) REQUIREMENTS BY IMPOSING RAINWATER LOW IMPACT DEVELOPMENT (LID) STRATEGIES ON PROJECTS THAT REQUIRE BUILDING, GRADING AND ENCROACHMENT PERMITS. DECEMBER 17, 2013 PAGE 7 CITY COUNCIL N 6.7 REPROGRAMMED CONTINGENCY FUNDS FROM DIAMOND BAR CENTER REMODEL PROJECT ($20,000) TO DIAMOND BAR CENTER MAINTENANCE AND OPERATION BUDGET. PUBLIC HEARING: 7.1 ADOPT RESOLUTION NO. 2013-35: APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCLUDING $201,787 IN FISCAL YEAR 2014-15 FUNDS AND $11,504 FROM UNALLOCATED BALANCE OF FUNDS FOR THE TOTAL AMOUNT OF $213,291. ACM/Doyle presented staff's report requesting Adoption of Resolution No. 2013-35: Approving the Community Development Block Grant Program including $201,787 in Fiscal Year 2014-15 Funds and $11,504 from unallocated Balance of Funds for a total' amount of $213,291. The Community Development Block Grant Program is a federally funded program, for which funds are provided by the federal government through the County of Los Angeles Community Development Commission to the City. The primary goal of the program is to provide for the development of viable urban communities by providing decent housing, suitable living environments and expanding economic opportunities, principally to persons of low and moderate income. Eligible CDGB projects are those that meet one of the following national objectives for the program: Benefiting low and moderate income persons or those that are presumed to be low to moderate income which would include the disabled and/or the elderly. This is the primary way in which Diamond Bar spends its funds. The other national project objectives for the program are addressing slums or blight, and meeting a particularly urgent community development need. In addition, projects must meet one of the eligible activity criteria or category which includes acquisition of real property; acquisition, construction or rehabilitation of public facilities; acquisition of deteriorated buildings; community service for low and moderate income households; and, removal of barriers that restrict the mobility for the elderly and/or disabled. As part of the project/program presentation this evening, the City is obligated by requirements through CDC to talk about the funding for the current fiscal year. Last year at this time, the City Council allocated $301,190 and those funds were used for a variety of services. Community Development Block Grants can be thought of in two major categories: 1) Public Services and 2) Public Works. There is a cap on how much money can be spent on public services which is 15 percent of the total allocation. Historically, DECEMBER 17, 2013 PAGE 8 CITY COUNCIL Diamond Bar has utilized those funds for two major programs: 1) Senior Programs operated out of the Diamond Bar Center and, 2) the YMCA to benefit low to moderate income children in afterschool programs. In the current Fiscal Year the City is doing a number of different programs with the remainder of the funds which includes the Home Improvement Program ($150,000) for low to moderate income families. This year one of the projects recently completed is the ADA Handicap ramp at the Bark Park which was eligible for CDGB funds and, a staircase which was not eligible for CDGB funding. For 2014-15 the allocation is dwindling. Diamond Bar is receiving less money than it did for the current year which is a trend that has continued over the past several years. Next year the City looks forward to receiving $201,787; staff is asking the City Council to allocate an additional $11,504 of unused fund balance for a total allocation of $213,291 project dollars split between Public Service projects (capped at 15 percent of the allocation). Staff recommends that these funds be used for the Senior Program and the YMCA. ACM/Doyle reported that this year staff received an application from the Community Garden. He met with members of the group at the site and believes it is a very worthwhile project under the guidance of the Diamond Bar United Church of Christ. Unfortunately, due to the limitation of CDBG funds and the minimum allocation of $10,000 per project, it would require the City to lessen funds to the other groups so at this time, staff is not recommending funding be provided. Staff is; however recommending the City work with the Community Garden to promote their programs and hopefully generate private donations. Public Works projects will take up the balance of the funding of $171,519 of new funds and $11,504 of the unallocated balance for a total of $183,000. Staff is recommending $100,000 for the Home Improvement Program and $83,000 for Sidewalk Improvements. There is an additional request for completion of the design at Stardust Mini Park and Longview South in the amount of $180,000; unfortunately, the City does not have the funds available to satisfy that request. C/Lyons asked how the low and moderate income individuals are identified for day camp families. ACM/Doyle explained that the YMCA provides documentation to the City. DECEMBER 17, 20'13 PAGE 9 CITY COUNCIL C/Lyons asked if there were any new programs accepted this year. ACM/Doyle stated that no new programs were accepted for Public Service. However, there are Public Works programs that are new every year. Public Service projects were much more heavily funded in years past but the CDC initiated caps on those programs which restricted the cities' ability to fund those programs. Individuals do not necessarily receive "discounted" childcare, the funds are provided to the YMCA for childcare and the City is provided with the number of low and moderate income students that'participate in that program. MlHerrera further explained that there were no new programs recommended for Public Service funding. MlHerrera opened the Public Hearing at 7:28 p.m. Bill Flournoy, Diamond Bar Unified Church of Christ, member of the Community Garden Planning Committee and retired Southern California Edison Engineer, said he understood that staff was not recommending the Community Garden for funding. Although the Federal and County requirements are onerous he did not believe it would disqualify the program for funds. Staff's report indicates there are insufficient CDBG funds to fund the program this year and the proposed allocation for the Public Service CDBG funds would be reduced if a new program was added. He suggested that consideration be given for funding this project in the future, perhaps with a more equitable distribution of Public Service funds. The Planning Committee believes the grant application makes a convincing case for the benefits and merits of such a project within the City and Diamond Bar is one of the few progressive cities that do not have a community garden. There is an ideal site designated by the church which would principally benefit low and moderate income families. The startup of a Community Garden requires funding for land clearing, water supply, fencing, raised beds, gardening tools and other elements. The grant request was for a one-time request for startup funds after which the Community Garden would be self-sustaining with nominal plot rentals covering the cost of water and ongoing replacement of supplies. The organization is pursuing other fundraising opportunities and realizes that this is a new and different kind of project seeking grant funding but it would attract a measure of visibility, excitement and support from a large segment of the community and the City could take credit for an environmentally -friendly and community building project. The Community Garden will serve the same underserved low income population as the other organizations and would complement their work rather than compete with them. DECEMBER 17, 2013 PAGE 10 CITY COUNCIL MlHerrera closed the Public Hearing at 7:34 p.m. ClLyons asked if there was an alternative to assisting the group through grant writing. ACM/Doyle said he discussed that with the group and said that staff would be on the lookout for those types of grants. At this time he is not aware of any such grants but certainly there is an opportunity to explore that option with other cities that have these types of facilities as well as, the ability for the City to promote the project and give them visibility within the community for purposes of private funding. ClLyons moved, C/Tanaka seconded, to Adopt Resolution No. 2013-35: Approving the Community Development Block Grant Program including $201,787 in Fiscal Year 2014-15 Funds and $11,504 from Unallocated Balance of Funds for the Total Amount of $213,291. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye, MlHerrera NOES: COUNCIL MEMBERS: None ABSENT. -COUNCIL MEMBERS: None COUNCIL CONSIDERATION: 8.1 WILLOW HEIGHTS: VESTING TENTATIVE TRACT MAP NO. 72295; DEVELOPMENT REVIEW; AND, TREE PERMIT (PLANNING CASE NO. PL 2013-229). (Continued from December 3, 2013) CMIDeStefano stated that this is a land use entitlement request that is before the Council with a recommendation from the Planning Commission. This matter was introduced during a City Council Public Hearing on November 19. The Public Hearing was closed on November 19 and the matter was continued to December 3. At the request of the applicant, Lennar Homes, the matter was continued from that date to tonight's meeting. CDDIGubman stated that this matter was first presented to the City Council on November 19. At that time he provided a detailed overview of the proposed Willow Heights project covering all aspects of the residential community and the adjoining neighborhood park. The City Council closed the Public Hearing and continued the matter to December 3 with direction to staff to research the possibility of covering the County Flood Control Channel that cuts through the proposed park site. Staff prepared a DECEMBER 17, 2013 PAGE 11 CITY COUNCIL detailed report of its findings which was published as part of the December 3 City Council packet. Prior to the December 3 meeting, the applicant, Lennar Homes, expressed concerns about the time and certainty, cost and other permitting complications that a requirement to cover the channel would add to the project. In light of these concerns, Lennar requested a continuance to this evening. During the intervening two weeks, Lennar approached the City with a proposal to make a contribution to the City Park and Facility Development Fund in lieu of covering the channel. Through negotiations with the City Manager the dollar amount eventually agreed to was $700,000. Staff recommends approval of this contribution in lieu of covering the channel in order to avoid the uncertainty related to seeking a channel covering permit through the LA County Public Works Department Flood Control District. More specifically, staff recommends that a new condition be inserted between current conditions 4 and 5 on Page 16 of the November 19 resolution originally submitted as part of the agenda packet to read: "The applicant has voluntarily agreed to make a one-time contribution to the City's Park and Facility Development Fund in the amount of $700,000. Accordingly, the applicant shall remit such contribution in 182 installments of $3,846.15. Each installment shall be paid upon the issuance of a building permit for a new dwelling unit". Although the Public Hearing closed on November 19 and the focus since that date has been on the channel issue, Lennar, Community Development staff and CDDIGubman would be pleased to answer any questions the Council may have about any aspect of the proposed Willow Heights project. Recommended Action: There are four options for the Council to consider which are described below: 1. If the Council chooses to approve the project as previously submitted, adopt Resolution No. 2013-36 approving the Vesting Tentative Tract Map, Development Review and Tree Permit for Planning Case No. PL2013-229, to allow the subdivision for the development of 182 for -sale dwelling units and a 2.5 net acre neighborhood public park, based on the findings of DBMC Sections 21.20.080, 22.22.150, 22.48.040, and 22.38.110, subject to conditions of approval as listed within the draft resolution; or, 2. Direct the applicant to revise plans to include covering the channel with landscape improvements and continue the item to a specified date to allow the applicant additional time to submit DECEMBER 17, 2013 PAGE 12 CITY COUNCIL revised plans and studies. Upon submittal of the required information, staff will complete the environmental assessment associated with the impacts of covering the channel and prepare a revised resolution for Council's consideration; or, 3. Remand the project to the Planning Commission with specific direction from -the City Council; or, 4. Deny the Vesting Tentative Tract Map, Development Review, and Tree Permit, specifically identifying the reasons the required findings of DBMC Sections 21.20.080, 22.22.150, 22.48.040, and 22.38.110 cannot be made. C/Chang asked how Lennar arrived at the amount of $700,000. CDD/Gubman reiterated that it was through negotiations with the City Manager's office. Geoff Smith, Lennar Homes, stated that as CDD/Gubman mentioned Lennar has worked with City staff over the past several weeks to understand, per the Council's request, the concept of covering the channel. Lennar found it needed additional time to fully understand what that entailed and what Lennar's options might be which prompted a request for a continuance from December 3 to this evening. He thanked the City Council for its patience. Lennar's research and City staff's research yielded the same result and Lennar believes that it has come to a very common approach to address this issue that would benefit all parties especially the community. Lennar is very excited about moving forward with Willow Heights and honored to be a party that can execute the City's vision that has been in place since 2012. M/Herrera invited public comments on what is before the Council this evening, the matter of the proposed $700,000 donation by Lennar; however, no testimony would be received on any other topics included in this agenda item for which the Public Hearing was closed on November 19, 2013, Vinod Kashyap offered traffic photos to the City Council. He reiterated his concerns about a flawed EIR, and taxpayer money that is paying for this hard design. John Jones, Ambushers, said he researched the matter of covering the drainage channel and discovered that it would be a problem. After hearing about a negotiated donation of $700,000, he totally agrees with the proposal because it would give money to the City whether the City decided to cover the channel or not. DECEMBER 17, 2013 PAGE 13 CITY COUNCIL With no further comments, IM/Herrera closed public comments. MPT/Tye said that discussion regarding Site D commenced in December 2010 and at that time the discussion was whether it would be a hundred percent commercial, a hundred percent residential or 50150 and this process has been ongoing since that time. The process has been as transparent as anything he can think of every step of the way. Every public outreach that the City required of Lennar, the entire community was invited to participate, all of which is on record. He asked the question, for the record, what could be done about covering the flood channel. Covering the flood channel is a very expensive and time-consuming proposition. A great example of a covered flood control channel that one can visit is at the intersection of Imperial and Associated Road. Last week he spoke with Councilman Ron Garcia of Brea to compliment him on the job they had done. Councilman Garcia said "well, you see the final result, but you have no idea how much it cost and you have no idea how long it took us and all of the moving parts that were involved when you get the Flood Control Channel, Corps of Engineers and Fish and Game". At this point with the Willow Heights project it is too late to accomplish that. So he sincerely appreciates Lennar's effort to contribute to the Parks Fund. If the City Council chooses to spend that $700,000 toward covering the Flood Control Channel at some point, it can be done at that time. As he said at the meeting, he was not comfortable making the motion or making it a condition that they had to cover the channel because he did not know what was being asked of Lennar. He again said he appreciated Lennar's efforts, their investigation and information and he has a much greater appreciation for what was involved. C/Tanaka said he felt that during the design process the park was designed the best that it could be considering what is available. MPT/Tye raised a question about the safety of pedestrians on the over bridge and possibility of injuries. He believed that Lennar and the City would design a plan to make certain that would not happen. He said he believes it was very generous of Lennar Homes to offer a contribution to the City's Park and Facility Fund. C/Chang said she believed the Site D process started prior to 2010. The City has solicited a great deal of input and the Council is now facing the question before it. DECEMBER 17, 2013 PAGE 14 CITY COUNCIL MPT/Tye moved, C/Tanaka seconded, to Adopt Resolution No, 2013-36 approving the Vesting Tentative Tract Map, Development Review, and Tree Permit for Planning Case No. PL2013-229, to allow the subdivision for the development of 182 for -safe dwelling units and a 2.5 net acre neighborhood public park, based on the findings of DBMC Sections 21.20.080, 22.22.150, 22.48.040, and 22.38.110, subject to conditions of approval as listed within the draft resolution with the addition of a condition to the November 19 resolution added between Conditions 4 and 5, Page 6 to read: "The applicant has voluntarily agreed to make a one-time contribution to the City's Park and Facility Development Fund in the amount of $700,000. Accordingly, the applicant shall remit such contribution in 182 installments of $3,846.15. Each installment shall be paid upon the issuance of a building permit for a new dwelling unit". Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT -.COUNCIL MEMBERS: None 8.2 RATIFY CITY COUNCIL COMMITTEE APPOINTMENTS AND ADOPT RESOLUTION NO. 2013-37: CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS. ORGANIZATION DELEGATE ALTERNATE California Contract Cities Association Lyons Tye Foothill Transit Board Herrera Lyons Four -Corners Transportation Policy Group Herrera Greater L.A. County Vector Control District Tye Tanaka Joint Powers Insurance Authority Tye DeStefano L.A. County Sanitation District No. 21 Herrera Tye L.A. County City Selection Committee Herrera Tye League of CA Cities — L.A. County Division Tanaka Chang San Gabriel Valley Council of Governments Herrera Lyons Southern California Assn of Governments (SCAG) Lyons Chang Tres Hermanos Conservation Authority Herrera Lyons Wildlife Corridor Conservation Authority (WCCA) Tanaka Chang DECEMBER 17, 2013 PAGE 15 CITY COUNCIL STANDING COMMITTEES City Council Audit Committee Herrera Tye City Council Goals/City Manager Evaluation Herrera Tye Economic Development Herrera Lyons Industry East Development Advisory Committee Herrera Tye Legislative Herrera Chang Lighting/Landscape Assess Dist subcommittee Herrera . Lyons Neighborhood Improvement Tanaka Lyons Public Safety Committee Herrera Tye Sphere of InfluencelAnnexation Herrera Tye LIAISON Chamber of Commerce Chang Tanaka Diamond Bar Community Foundation Chang Tanaka Library Chang Tanaka PUSDICity Chang Lyons Senior Citizen Tanaka Chang WVUSDICity Herrera Tye CMIDeStefano reminded M/Herrera that the Council needed to appoint a Delegate and Alternate for the Audit Committee which was approved by Council in 2013. MlHerrera stated that MlHerrera would be the Delegate and MPT1Tye the Alternate as indicated on the above chart under Standing Committees. ClChang moved, C/Tanaka seconded, to Ratify City Council Committee Appointments and Adopted Resolution No. 2013-37: Confirming the Appointment of Specific Representatives to the San Gabriel Valley Council of Governments. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye, MlHerrera None None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTSICOUNCIL MEMBER COMMENTS: ClTanaka reported that last Saturday he attended the Candy Cane Craft Fair at the Diamond Bar Center that boasted over 70 vendors, music, snacks and photos with Santa. That evening he celebrated with the Los Angeles County Indian -American Professional Association's Diwali Celebration and the following uesday he attended the Diamond Bar Senior's Christmas Luncheon featuring the Stylus Choir from Diamond Ranch High School. DECEMBER 17, 2013 PAGE 16 CITY COUNCIL Tuesday he attended the Diamond Bar Public Safety luncheon that was held to thank the Sheriff's Department, Fire Department, Animal Control personnel and fingerprint specialist from the West Covina PD; on Wednesday afternoon December 11 he attended the Diamond Bar High School Denis R. Paul Aquatic Center Ribbon -Cutting Ceremony and Thursday he attended the Diamond Bar /Senior's Christmas Dinner Dance with 250 attendees. Saturday he attended the Diamond Ranch High School Breakfast with Santa and on Monday evening he attended the Volunteers on Patrol Newport Harbor Dinner Cruise thanking the volunteers for their countless hours of service to the City. He wished everyone a Merry Christmas and Happy New Year. C/Chang reminded everyone that they can follow her on Twitter, Facebook and Foursquare. She missed the December 3 Council meeting because she was participating as a speaker at the Education Symposium. ClChang went on to thank ClTanaka for his service as Mayor during the past year and thanked former Council Member Ron Everett for his service to the City for the past seven years. She also congratulated ClLyons and MPTITye on their election and re-election and thanked MlHerrera for serving as Mayor. On December 5 she attended the League Legislative Action Day and Reception and on Tuesday attended the Public Safety Appreciation Luncheon and thanked the Public Safety employees for doing a great job. She attended the Denis R. Paul Aquatic Center Ribbon -Cutting Ceremony at Diamond Bar High School. When she attended Diamond Bar High School, Denis Paul was her grade level coordinator and it was great to see him being honored. ClChang also congratulated Krystal Spindler with The Windmill. The Diamond Bar Community Foundation has done a tremendous job with transition from the old to the new Windmill which has become a very popular publication. She thanked the Diamond Bar Community Foundation Board for being so supportive of that venture. She also thanked Barbara Decarbo for sharing her important story because she too believes it is important to get to know one's neighbors and to care for one another and participate in Neighborhood Watch. She wished everyone a Merry Christmas and Happy New Year. ClLyons said that much has been said about the beautiful swimming pool at Diamond Bar High School. It is by far the most beautiful public high school pool she has ever seen and encouraged her colleagues and staff to think about how the entire community could use the pool. Many cities including Glendora have partnerships with schools for use of pools. In her opinion, since the pool was paid for with property tax money, she would DECEMBER 17, 2013 PAGE 17 CITY COUNCIL like to see the residents to have use of the pool while compensating the school for the ongoing costs. She is very pleased that the Lennar Homes project was approved. Conclusion of this property sale will truly improve the lives of 15,000 children in the Walnut Valley Unified School District and will mean that some 500 teachers and 200 plus employees will be able to work through the next year without furlough days. She wished everyone a Merry Christmas, Happy Holidays and Happy New Year. MPT/Tye reported that on Saturday he attended the Rotary Club Basket Assembly which he has been doing for the past eight years or so. Participants put together 250 baskets containing turkeys, produce, eggs, bread, etc. for very deserving families. He thanked Senator Bob Huff for his part in acquiring and making available the turkeys. The Denis R. Paul Aquatic Venter Ribbon -Cutting Ceremony was a wonderful event. Principal Catherine Real did a terrific job and the Walnut Valley Unified School District Board did a terrific job and it was a terrific community event. He hoped that the City would have an opportunity to program that facility. Last night he participated in thanking the Volunteers at the annual Volunteers Appreciation Event for the thousands of hours they cumulatively give to the community. Diamond Bar is very grateful for what they do. This morning he and M/Herrera attended the Public Safety Committee meeting to hear from Captain Scroggin report on the many of the things that were reported during tonight's meeting. The City appreciates the Sheriff's Department and everything the officers do to keep Diamond Bar as safe as possible, but it does take someone like Barbara Decarbo being very diligent. The Sheriff's Department does not mind if they receive false alarm calls because they want to know that neighbors are watching out for neighbors, which is how the bad guys are caught. The committee heard from Chief Stone about efforts made to keep homes safe with brush clearance and from Rick Meza, Southern California Edison about their efforts with the Fire Department to minimize problems with electrical fires. He wished everyone a very Merry Christmas and a Happy and safe New Year. M/Herrera said she had also attended many of the meetings and events her colleagues spoke about this evening. Volunteers are such an asset to the City of Diamond Bar and she urged interested residents to sign up because it takes all of us to watch out for all . of us. Unfortunately, Diamond Bar is a City dissected by two major freeways which makes it an easy target with easy access. Therefore, it is critical that everyone remain alert and report any strange activity. She thanked the Public Safety Officers present this evening to ensure a safe business meeting. Residents value most highly Diamond Bar's Public Safety Officers, all of DECEMBER 17, 2013 PAGE 18 CITY COUNCIL whom do such an extraordinary job putting their lives on the line. Diamond Bar is eternally grateful for their presence. She attended a Sanitation District meeting today. February 15 is the next Household Waste Pickup for Diamond Bar within the Gateway Corporate Center. Further details will be made available. She thanked everyone for attending tonight's meeting and wished everyone a very safe holiday season. This is the final business meeting for 2013. ADJOURNMENT: With no further business to conduct„ M/Herrera adjourned the Regular City Council Meeting at 8:10 p.m. to January 21, 2014. ion.a TOM YE CRIBBINS,'CITY CLERK The foregoing minutes are hereby approved this . 2lstday of ; nila v 2014.�j CAROL HERRERA, MAYOR