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HomeMy WebLinkAbout02/21/2012 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 21, 2012 CALL TO ORDER: Mayor Ling -Ling Chang called the Regular City Council meeting to order at 6:30 p.m. in the SCAQMD/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Council Member Carol Herrera led the Pledge of Allegiance. INVOCATION: Ahmad H. Sakr, PhD, Islamic Education Center gave the invocation. ROLL CALL: Council Members Carol Herrera, Ron Everett, 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; Anthony Santos, Management Analyst; Lauren Hidalgo, Public Information Specialist, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Submitted. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Tye presented a Certificate of Recognition to Boy Scout Troop 777 Scoutmaster Martin Cardenas for receiving the "Silver Beaver Award." 1.2 MPT/Tanaka presented a Certificate of Recognition to Atharshna Singarajah for being named "Leo of the Year" by the Lions Club International. NEW BUSINESS: 1.3 MIChang presented a Certificate Plaque to Apolinar Nahue, Owner and Chef of the Interaymi Restaurant, 23545 Palomino Drive Suite F, as New Business of the Month for February 2012. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano thanked ACM/Doyle, for bringing the construction of the new City Hall to completion on time and to PIM/Roa and staff for their help with tonight's City Hall Open House. FEBRUARY 21, 2012 PAGE 2 CITY COUNCIL 3 N PUBLIC COMMENTS: Gabriel Aguilar, DBHS Instructional Dean and Walnut Valley 5K Chairman introduced Chaparral Middle School student Jesse Hang, Representative for Leadership and ASB President, who then introduced fellow students who announced details of the Walnut Unified School District's 5K Run Fundraiser on Sunday, March 4 at DBHS at 8:00 a.m. Council Members were presented with T -Shirts and Bibs for the event as a token of appreciation for the Council's support of the event. Jack Shah, Sunshine Seniors Association, presented a plaque to the City Council as thanks for acquiring a new City Hall for the community and the fiscally prudent way in which the City runs and hopes that it serves as an example for other cities. Hala Murad, Relay for Life of Diamond Bar, invited everyone to attend the Relay for Life fundraisers that will be held at Chili's on March 14 and at D'Antonio's Ristorante on April 18. For more information, visit the Website at www.relayforlife.orq/diamondbarca or HalaMurad(d), diamondbarrfl 0_.gmail.com or call 909-860-5503. Ms. Murad went on to announce that the Relay for Life event is scheduled for May 19 from 9:00 am to 9:00 am on May 20. She also stated that she enjoyed the tour of the beautiful new City Hall. Jody Roberto, Diamond Bar Community Foundation, invited residents to attend the Spotlight on the Arts Concert sponsored by the Diamond Bar Community Foundation on March 3rd at Mt. SAC from 2:00 p.m. to 4:00 p.m. This event serves to raise money for both DBHS and DBHS. Students from schools as well as the Pacific Crest. Drum and Bugle Corps will be performing. RESPONSE TO PUBLIC COMMENTS: M/Chang thanked the Sunshine Seniors for the plaque and stated that recognition goes to staff for their hard work and to the residents for putting their faith in the City Council and its staff. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — February 23, 2012 — 7:00 p.m., Diamond Bar City Hall Windmill Community Room, 21810 Copley Drive. 5.2 Planning Commission Meeting -- February 28, 2012 — 7:00 p.m. — Diamond Bar City Hall Windmill Community Room, 21810 Copley Drive. FEBRUARY 21, 2012 PAGE 3 CITY COUNCIL 5.3 City Council Meeting — March 6, 2012 -- 6:30 p.m., SCAQMD Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: CITye moved, ClHerrera seconded, to approve the Consent Calendar. Motion carried by the following Roll Cali: AYES: COUNCIL MEMBERS: Everett, Herrera, Tye, MPT/Tanaka, MlChang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1. CITY COUNCIL MINUTES —Regular Meeting of February 7, 2012 - Approved as Amended. 6.2 RATIFIED CHECK REGISTER — Dated February 2, 2012 through February 15, 2012 totaling $1,275,644.91. 6.3 EXONERATION OF SURETY BOND NO. TM5053816/6398471 AND TM5040782163134001 POSTED BY BROOKFIELD DIAMOND BAR VILLAGE, LLC FOR TRACT 62482 (VANTAGE TOWNHOMES) TO COMPLETE LANDSCAPE IMPROVEMENTS AND MONUMENTATION. 6.4 ADOPTED RESOLUTION NO. 2012-05: DECLARING PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF DIAMOND BAR BOULEVARD AND BREA CANYON ROAD (APN 8714-105-901) AS SURPLUS PROPERTY AND AUTHORIZED THE CITY MANAGER TO DISPOSE OF THE PROPERTY AT FAIR MARKET VALUE. 6.5 ADOPTED RESOLUTION NO. 2012-06: APPROVING DESIGN AND PLANS FOR CONSTRUCTION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT CURB RAMP PROJECT NO. 27012 AND CDBG PROJECT NO. 601394-11 PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHED A PROJECT PAYMENT ACCOUNT; AND, AWARDED THE CONSTRUCTION CONTRACT TO GENTRY BROTHERS, INC. IN THE AMOUNT OF $165,500 AND AUTHORIZED A CONTINGENCY AMOUNT OF $24,000 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY. THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $189,500. 6.6 AUTHORIZED PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT FOR THE NEW LOS ANGELES COUNTY LIBRARY FROM VARIOUS VENDORS INCLUDING INTERIOR OFFICE SOLUTIONS, AGATI FURNITURE AND YAMADA ENTERPRISES IN AN AMOUNT NOT TO EXCEED $450,000. FEBRUARY 21, 2012 PAGE 4 CITY COUNCIL 7. PUBLIC HEARING: 7.1 GENERAL PLAN AMENDMENT NO. 2007-03, ZONE CHANGE NO. 2007-04; SPECIFIC PLAN NO. 2007-01 ("SITE D SPECIFIC PLAN"), DEVELOPMENT AGREEMENT NO. 2012-01; AND ENVIRONMENTAL IMPACT REPORT 2007--02 (SCH NO. 2008021014). CDDIGubman reported that the item before the Council tonight is the final consideration of the Site D Specific Plan. The recommended actions for the City Council to take this evening include certification of the Environmental Impact Report for Site D Specific Plan as stated in the attached Resolution; approval of the Specific Plan 2007-01 (Site D Specific Plan), a tailored zoning ordinance that applies only to the Specific Plan Project Area. By adopting the ordinance, a- Specific Plan document becomes the governing document for that site. Related to that is adoption of an Ordinance to enact Zone Change No. 2007-04, effecting a revision to the City's official zoning map designating the Site D Project Area as a site that is subject to unique development standards as set forth in the Specific Plan; a Resolution to adopt General Plan Amendment No. 2007-03, similar to the zone change as it will result in a change to the- General Plan Land Use Map to Specific Plan thus making the General Plan and the Zoning consistent; and, a Development Agreement No. 2012-01 approved through an Ordinance, the purpose of which is to commit the City and the WVUSD to certain considerations set forth in the Development Agreement. The Development Agreement states that in return for the City's consideration to rezone the Site D property to allow a housing density that is higher than what the underlying conventional zoning provides, in exchange the project will produce for the City, development fees in the amount of $15,000 per residential unit constructed on the site for a potential total development fee of $3 million to the City. CDDIGubman provided a chronology of the milestones passed to date for this project. There are immediate Improvements that must be completed for two intersections along with the projects. In lieu fees will not be accepted in place of constructing these improvements. The first is Cherrydale Drive at Diamond Bar Boulevard. The Specific Plan contains the flexibility for the future developer to consider relocating the entrance to align with Crooked Creek. According to the updated traffic analysis, the types of improvements and costs of those improvements are essentially the same for each possible ingresslegress point. These improvements include providing an option left or through lane and separate right - turn lane on the northbound approach; restriping of the southbound FEBRUARY 21, 2012 PAGE 6 CITY COUNCIL approach to provide an option left through a right -turn lane on Cherrydale; to widen and/or restripe the eastbound approach and departure on Diamond Bar Boulevard and a third through lane and provide a separate right -turn lane. The median at Diamond Bar Boulevard would need to be modified and restriped to provide dual westbound left -turn lanes into the project and finally, the installation of a traffic signal. Improvements for the Brea Canyon Road/Diamond Bar Boulevard intersection which is already burdened with high traffic volumes, would minimally add to the volumes, and as the only project that is undeveloped at this intersection, development of this project will bear the burden of completing all improvements to relieve the congestion that currently exists on the site. At Brea Canyon Road and Diamond Bar Boulevard, improvements would include widening andlor restriping of the northbound approach on Brea Canyon Road to provide a second right -turn lane; to widen the eastbound approach and departure on Diamond Bar Boulevard to a third through lane and to restripe the westbound approach on Diamond Bar Boulevard to provide a second left -turn lane. CDD/Gubman pointed out that on page 7 the Pathfinder RoadlBrea Canyon Cutoff intersection is actually one of the fair -share contribution intersections and not one where the actual improvements would be required and that staff's report should have referenced the Brea Canyon Road/Diamond Bar Boulevard intersection. The final component to the group of action items being presented tonight for the Site D Specific Plan is a Development Agreement between the City and VVVUSD. The WVUSD, as the owner of 96 percent of the site, will derive a substantial benefit from the adoption of the Specific Plan in the form of vested rights to develop 200 residential units on the subject property. The residential development that the Specific Plan would enable significantly exceeds the density that the current underlying zoning of RL and RLM would accommodate. This vesting will immediately add value to the site when the District chooses to dispose of the property on the open market. Development of the Site D Specific Plan will also produce many benefits to the community including the addition of high-quality residential housing to the City's housing inventory, creation of a new neighborhood park, traffic improvements to help traffic flow at the intersection of Diamond Bar Boulevard and Brea Canyon . Road, and the visual enhancements of one of the key entrances to the City. One area of community benefit that the reformulated Specific Plan will no longer be able to provide is sales tax revenue stream that would have been produced by a commercial development on a portion of Site D. Moreover, the 2 - acre neighborhood that is now part of the Specific Plan will add to the City's park maintenance expenses. In light of the foregone FEBRUARY 21, 2012 PAGE 6 CITY COUNCIL sales tax revenue opportunity and added costs associated with the future park, WVUSD agreed to enter into a Development Agreement with the City whereby the City will receive $15,000 for every dwelling unit constructed. This development fee, which could generate up to $3 million for the City is roughly the equivalent of 15 - years of in -lieu sales tax revenue combined with about 20 years of parks maintenance costs. This obligation, once recorded, will be transferable to the eventual purchasers and developers of Site D. CDD/Gubman stated for the record, the following corrections to staff's report: 1) Attachment 1, Resolution certifying the EIR. The title of the resolution calls out an obsolete reference to adopting a Statement of Overriding Considerations. Since the project, with mitigation, will no longer result in any significant environmental impacts, a Statement of Overriding Considerations is no longer applicable and the line should be stricken from the title. 2) Two recitals were omitted from the Resolution which were read into the record. "As a result of that collaboration on February 1, 2008, the City's Community Development Department disseminated a Notice of Preparation and initial study presenting a preliminary assessment of the potential impacts of the project and have identified therein as the Diamond Bar Boulevard and Brea Canyon Road Site D Specific Plan in the Site D property Specific Plan. On February 5, 2008 the Governor's Office of Planning and Research, in that agency's role as State Clearinghouse, acknowledged receipt of the NOP and initial study and commenced a 30 -day comment period for the submittal of comments by state responsible agencies." That comment period started on February 5, 2008 and ended on March 5, 2008. 3) "On June 22, 2009, the Community Development Department noticed, released and disseminated copies of the Draft Environmental Impact Report for the Site D Specific Plan State Clearinghouse No_ 2008-02-1004 otherwise referred to as the Draft EIR Notice of Completion and Notice of Availability examining a proposed Specific Plan subsequently identified as the March 2010 Site D Specific Plan authorizing the development of 202 dwelling units and 153,985 square feet of commercial use on the subject property, and examining five alternatives thereto. As indicated in the EIR, implementation of the 2010 Site D Specific Plan would result in a number of significant unmitigable environmental effects." CDD/Gubman explained that additional corrections to this Resolution have to do with renumbering and reordering of the recitals which are indicated on the markup which has been provided to Council. The two items of substance were the two recitals he read. CDDIGubman stated that the second correction is from the Development Agreement Exhibit C, Page 55 referencing the FEBRUARY 21, 2012 PAGE 7 CITY COUNCIL southbound ramps at Brea Canyon Cutoff and Diamond Bar Boulevard as being among the intersections that require traffic improvements to be completed. As previously mentioned, those are fair -share improvements and these references in the Development Agreement will need to be corrected to reference the correct improvement intersections. CDD/Gubman recommended that the City Council open the Public Hearing, Receive Testimony, Close the Public Hearing and 1) Adopt Resolution No. 2012-07 Certifying the Environmental Impact Report (SCH No. 2008021014) and approving the Mitigation Reporting and Monitoring Program and Adopting Findings of Fact for the January 2012 Site D Specific Plan for "Site D" comprised of approximately 30.36 acres located at the Southeast corner of Brea Canyon Road and Diamond Bar Boulevard (Assessor's Parcel Numbers 8714-002-90, 8714-002-901, 8714-002902, 8714-002- 903 and 8714-015-001; 2) Adopt Resolution No. 2012-08; Approving General Plan Amendment No. 2007-03 to change the existing Land Use Designations from Public Facility (PF) and General Commercial (C) to Specific Plan (SP); 3) Approve for First Reading by Title Only, Waiving Full Reading of Ordinance No. 01 (2012) approving Zone Change No. 2007-04 changing existing Zoning on Site D to Specific Plan (SP); 4) Approve for First Reading Ordinance No. 02 (2012) Approving the January 2012 Site D Specific Plan (Specific Plan No. 2007-01; and 5) Approve for First Reading Ordinance No. 03 (2012): Approving Development Agreement No. 2012-01, and direct the City Manager to take any further actions to effectuate the Specific Plan. M/Chang opened the Public Hearing at 7:43 p.m. Steven Li, 17920 E. Walnut Drive South, Suite 201, Walnut, CEO, Regional Chamber of Commerce, San Gabriel Valley said he was concerned about the complete elimination of the commercial side of the project because as the San Gabriel Valley becomes more developed, having empty and vacant land and use of that land is very important and making sure that there is enough commercial development is an important factor for necessary job and retail components for the region. So far, staff's proposal which would be complete residential allowing 200 residential only units would generate about $3 million one-time through the $15,000 development impact fee per unit. Comparing this to retail and with commercial, a big box would generate roughly $600,000 per year so in five years the big box would recover the impact fees and thereafter, the City would realize ongoing income. If the City built a hotel of about 200 units, the TOT would be approximately $1 million per year so in three years the $3 million would be recouped. It is FEBRUARY 21, 2012 PAGE 8 CITY COUNCIL not just about generating revenue, it is also about generating daytime population. DB has a great corporate complex that houses the City Hall as well as many other agencies and businesses. These places need shopping, eating and busihess areas. Having a commercial component at Site D is, in his opinion is very necessary for this to happen. Vinod Kashyap, 21452 Chirping Sparrow thanked the Council for the new City Hail and spoke in opposition of the project. David Busse, 21455 Ambushers Street, felt this was a good compromise depending on what a developer wants to do with the property. If commercial had been included it would have contributed to the high commercial vacancy rate the City currently suffers. Eric Everhart, 20400 Leap Court, Walnut, said he was concerned that there would only be one entrance/exit which could be problematic for fire service and evacuation. Further, he felt the density issue should be reconsidered and that a small two -acre neighborhood park would effectively add nothing to the park inventory. Mr. Everhart also asked if the School District had identified a builder and if so they should disclose the information. Carol Fann, 21484 Cold Spring Lane has lived in the area for 20 years and enjoys the trees and fresh air. She felt that the project Will create a lot of toxic gas instead of fresh air and there will be dust from the new construction. Darin Esplin, 3121 Cherrydale, spoke in opposition to the project. Kenneth Goble, 21255 Ambushers, spoke in opposition to the project because the increased density of the traffic during this buildout would be unbearable. Jack LaBraun, Assistant Superintendent, WVUSD, thanked staff for their collaboration and stated that until the City Council makes its final decision the School District is collecting information about developer interest and that when he left his office this afternoon that number was at 44. After the City Council makes its decision the District will put the project out for bid which will likely increase the number of interested developers. As far as the original use for the site, at one point it was going to be the third middle school for the District which is no longer needed due to South Point being built and the middle school enrollment dropping like it is in most of the school districts in the San Gabriel Valley. This trend will continue and therefore, the District feels that the land is surplus and in these FEBRUARY 21, 2012 PAGE 9 CITY COUNCIL difficult budget times the District can use the proceeds to help the students. With no further testimony being offered, M/Chang closed the Public Hearing at 8.08 p.m. ClHerrera asked for clarification from staff regarding a speaker's comment: about the way the pads are drawn and the density of 200 units making it tight for streets and placement of units in consideration of the slopes. CM/DeStefano stated that in his opinion, the comment was based on pure speculation from the speaker. This is a site that has a gross of about 30 -acres and a net of at least 20 -acres for development purposes. At the prices this land will probably sell for, there will be a variety of very creative developers including the speaker who has a development background using all tools and techniques of land -planning architecture and engineering to obtain the best land use plan for that property. It is difficult to know at this point, and it is only speculation as to what type of products might occur there. It is probably safe to say it would not be single-family homes, probably more small lot homes such as townhomes or condominiums and it may not be 200 units. 200 units were approved above the Target project which is the Brookfield project known as the Vantage Townhomes and only 180 were built. The 180 were built in two concepts, one a condominium concept where 10 units were combined in one building for 10 total buildings along with about 80 single family homes on small lots. It is difficult to judge what the market will guide a developer, architect and land planner to create. It is likely to include private streets outside of the public access point to the development and to the public park. It is likely to be a gated community which has been in vogue for many years and certainly in DB. Furthermore, the Planning Commission and City Council will play a role in the development approval that will come forward from the buyer of the property from the school district. ClHerrera commented that this matter has been discussed for a number of years and goes back to the early 1990's when she served as a member of the Board of Trustees of WVUSD. WVUSD has attempted to dispose of their surplus property since that time. The City Council has held numerous public hearings and received a lot of input. She said she considered high density to be 400500 units and for this to be restricted to 200 units she considers is not a high density project. WVUSD has a right to develop its property as the property owner and she does not believe it is in the best interest of the public to mandate that the school district leave the property FEBRUARY 21, 2012 PAGE 10 CITY COUNCIL. as is. School districts are in dire need of funding for education and parents in DB are constantly fundraising to add to the programs that are in the schools. She is pleased that the City is finally at this point and when appropriate would like to make a motion accordingly. CITye asked staff if there had ever been any consideration of a hotel an Site D. CMIDeStefano responded that he does not recall that a hotel was ever proposed for Site D. There may have been one when the SR 57 was looked at as more of a business person's hotel route, but it would have had to have been 15 -years ago or more. Hotels have been proposed off of Brea Canyon Road/SR 60 and on the former Honda property and over near the K -mart property but did not recall one on this property. CITye said folks in the area that were not really interested in commercial but might have been persuaded if anyone would have proposed a hotel would have caused residents to go ballistic about that idea — several stories and 200 rooms is silly. Did the Council ever hear anything about a big box store generating $100,000 or $600,000 or sales tax a year on Site D? CMIDeStefano responded that in better times about 15 years ago Home Depot was looking for locations up and down the SR 57 and looked at that site; however, ultimately chose not to build at that site for a variety of reasons, not the least of which was the substantial grading necessary to provide a flat pad that would have to be bigger than the target pad. When the City was discussing what might work at that location, there was talk about a grocery store; however, there is no possibility of a store that would generate $500-600,000 a year in sales tax revenue. There is a lot of traffic and trips to a grocery store, but very little sales tax revenue relative to the amount of the traffic and trips. CMIDeStefano stated that this is a compromise which he believes will work for the neighborhood. He realizes there are people who would rather have nothing built except a park on the site but the resources are not there. The School District is not going to build a park and they are not going to build another school there. At the time, it was either going to be South Point at that location or South Point where it currently resides. Now that South Point has been built, the School District has surplus property. The School District is the owner of that property however they came by it — by gift or by purchase, it is their property and they have determined that it is surplus property and that it is in the best interest of the School District to make use of FEBRUARY 21, 2012 PAGE 11 CITY COUNCIL. very asset they have and this is an asset to them. He believed that some of the things discussed this evening were not relative to the issue and wanted to make it clear that while he realizes people want it left the way it is and want the trees to remain, the trees may go but in a year, two, five or ten the trees that are replaced will be a benefit to the community just as the homes will benefit the community. MPT/Tanaka said he was also opposed to high density units and someone spoke about low-income units, neither of which is proposed for this development. Over the years and throughout the many public hearings a good compromise has been reached by listening to the residents and now is the time to move forward. ClEverett asked staff to clarify the density issue and the single access issue. CMIDeStefano responded that the City Council's direction to staff a little more than a year ago was to work on an overall proposal and the entitlements that go with that proposal for a project that was comprised of a maximum of 200 dwelling units on this site and that is what the City staff has brought back to the City Council. The actual type, style, design of those 200 or less homes will be the result of the price, the seller's architectural design team and also the public review by the Planning Commission andlor the City Council. He said he could not speculate on the size, type, density of the development because those are unknowns at this time. A creative developer will look at the possibilities and possibly propose a couple of different types of developments on the property. There may be a higher density on a portion and a lower density on another portion. , However, a public process, public noticing, public decision-making on the developer's proposal will occur when that proposal comes forward to the City. ClEverett asked if there was something about high and low density in some of the documents the Council is being asked to vote on or is it open ended at 200 units plus the process. CMIDeStefano reiterated that Council's direction to staff was to look at a maximum 200 dwelling units and that is what staff has recommended in the documents before the Council this evening. CMIDeStefano further stated that the single access is not a problem with respect to public safety and is also a component that is subject to detailed design review through the public process at the Planning Commission and/or City Council level. The City FEBRUARY 21, 2012 PAGE 12 CITY COUNCIL Council and residents will have another opportunity to look at the details incorporating the density, type, location, public park area as well as onsite circulation and how it affects the offsite pattern. 200 homes is not a problem for the public safety personnel to respond to. M/Chang said that in December 2010 she stated that the City should take into consideration what is in the best interest of the entire City and community (which includes the School District). She stated that she has spent a number of hours researching this issue . and her conclusion is the same as it was in 2010. This plan eliminates much needed goods and services not only in the south end but in the entire City and eliminates potential long-term revenue streams that could go into the City's General Fund. The website www.schooladvisors.com (they're a consulting firm) has a document that talks about generating revenue through asset management, planning for school districts. In dire economic times like these, school districts are dependent on the state; the state is not doing well therefore all parties need to come up with creative ways to generate revenue. Personally, she would not want to be dependent on the state for funding now or in the future. This document states that "the general rule is that sales revenues from district surplus property can only be used for capital outlays; however, lease revenues can always be used for general fund purposes with no restrictions. Leasing property rather than selling it can be an equally attractive option. In addition, leasing surplus property assures the district that the property will remain in district ownership providing flexibility to accommodate future economic turns". She prefers to see sustainable impacts rather than short term capital outlays. She again suggested that the City Council look into property valuation comparisons for each of the plans and said that would be her motion. Motion died for lack of a second. C/Herrera moved, C/Everett seconded, to Adopt Resolution No. 2012-07 Certifying the Environmental Impact Report (SCH No. 2008021014) and approving the Mitigation Reporting and Monitoring Program and Adopting Findings of Fact for the January 2012 Site D Specific Plan for "Site D" comprised of approximately 30.30 acres located at the Southeast corner of Brea Canyon Road and Diamond Bar Boulevard, Diamond Bar, California (Assessor's Parcel Numbers 8714-002-90, 8714-002-901, 8714-002-902, 8714- 002-903 and 8714-015-001; 2) Adopt Resolution No. 2012-08; Approving General Plan Amendment No. 2007-03 to change the existing Land Use Designations from Public Facility (PF) and General Commercial (C) to Specific Plan (SP); 3) Approve for First FEBRUARY 21, 2012 PAGE 13 CITY COUNCIL Reading by Title Only, Waiving Full Reading of Ordinance No. 01 (2012) Approving Zone Change No. 2007-04 changing existing Zoning on Site D to Specific Plan (SP); 4) Approve for First Reading by Title only, Waiving Full reading of Ordinance No. 02 (2012) Approving the January 2012 Site D Specific Plan (Specific Plan No. 2007-01; and 5) Approve for First Reading by Title Only, Waiving Full reading of Ordinance No. 03 (2012): Approving Development Agreement No. 2012-01, with corrections and additions as stated by CDDIGubman and detailed by CA/Jenkins; and, direct the City Manager to take any further actions to effectuate the Specific Plan. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tye, MPT/Tanaka NOES: COUNCIL MEMBERS: M/Chang ABSENT: COUNCIL MEMBERS: None COUNCIL CONSIDERATION: 8.1 ADOPT RESOLUTION NO. 2012-09: AMENDING THE FY 2011- 12 MUNICIPAL BUDGET. CMIDeStefano explained that most of the adjustments are the result of the ongoing library construction project. FDIHoneywell presented staff's report and stated that after the mid- year corrections the City remains balanced and the General Fund balance reserves are projected to be just over $17.2 million at June 30, 2012. The City has seen a, slight increase in most revenues, a positive indicator of an improving local economy. Most of the increase to the General Fund revenues in the mid -year report is due to the increase in the expected reimbursement from the County of Los Angeles for library construction, furniture and fixtures and construction management. There is a corresponding increase in General Fund expenditures for the Civic Center project. The City has continued to control expenditures in light of a slight improvement in the local economy. Expenditures budgeted for the General Fund operations for 2011-12 are down slightly from the 2010-11 budgeted General Fund Expenditures while service levels throughout the City remain at the same level as in previous fiscal years. As in previous years, the General Fund is subsidizing the three Landscape and Lighting Assessment Districts in the amount of approximately $114,000 for this fiscal year which includes a $40,000 adjustment in this mid -year report. FEBRUARY 21, 2012 PAGE 14 CITY COUNCIL CITye commented that the law enforcement budget (Page 2) has been reduced by $264,973 due to the fact that Los Angeles County's liability trust fund was super funded and as a result, the City is not required to pay into that fund this fiscal year. This was a direct result of the City's involvement with Contract Cities to make certain that cities would not have to continue contributing to something that had more than enough funds. Contract Cities is more powerful with 80 plus voices than DB would have been as a single voice. ClEverett asked if the total subsidy for the LLD's was $114,000. FD/Honeywell responded that it was in fact, the total subsidy for this fiscal year. ClEverett said he had a significant concern about the City continuing to fund the LLAD's. Exhibit A on Page 17 addressed the 38, 39 and 41 LLAD's and what troubles him is the narrative that the City anticipates deficits in each of the districts. He felt it was not appropriate for the City to continue growing the deficit and offered the suggestion that the .footnote be changed to clarify that the City is in a deficit situation already and that the City is "continuing to anticipate deficits in the LLADs. ClHerrera moved, CITye seconded to Adopt Resolution No. 2012- 09: Amending the FY 2011-2012 Municipal Budget. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tye, MPTITanaka, MlChang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 CITY COUNCIL APPOINTMENT OF 2012 PLANNING, PARKS AND RECREATION, AND TRAFFIC AND TRANSPORTATION COMMISSIONS. CMIDeStefano reported that this matter was posted in the usual manner to determine whether there were any interested parties in the community who might wish to apply to serve on one of the three Commissions, The application time period concluded on Wednesday, February 15 at 5:30 p.m. and there were only two known interested parties. ClHerrera moved, ClEverett seconded, to ratify the following list of appointees by City Council. Motion carried by the following Roll Call vote: FEBRUARY 21, 2012 AYES: NOES: ABSENT PAGE 15 COUNCIL MEMBERS: COUNCIL MEMBERS COUNCIL MEMBERS Mayor Chang: CITY COUNCIL Everett, Herrera, Tye, MPT/Tanaka, M/Chang None None Dave Roberto — Parks and Recreation Commission (Reappointment) Ted Carrera — Traffic and Transportation Commission (Reappointment) Tony Torng — Planning Commission (Reappointment) Ma or Pro Tem Jack Tanaka: Ted Owens — Parks and Recreation Commission (Reappointment) Kenneth Mok — Traffic and Transportation Commission (Reappointment) Frank Farago -- Planning Commission (New Appointment) Council Member Ron Everett: Dave Grundy — Parks and Recreation Commission (Reappointment) Liana Pincher — Traffic and Transportation Commission (Reappointment) Steve Nelson -- Planning Commission (Reappointment) Council Member Carol Herrera: Benny Liang — Parks and Recreation Commission (Reappointment) Kevin House — Traffic and Transportation Commission (Reappointment) Jack Shah — Planning Commission (Reappointment) Council Member Steve T Lew Herndon — Parks and Recreation (Reappointment) Jen (Fred) Mahlke--Traffic and Transportation (Reappointment) Jimmy Lin — Planning Commission (Reappointment) Commission Commission FEBRUARY 21, 2012 PAGE 16 CITY COUNCIL 9. COUNCIL SUBCOMMITTEE REPORTSICOUNCIL MEMBER COMMENTS: C/Everett stated that on Wednesday, February 8 he attended the Regional Chamber Luncheon which included a presentation on the regional economic outlook for 2012 by Cynthia Kurtz of the San Gabriel Valley Economic Partnership. He attended the telephonic WCCA meeting which included a vigorous discussion about SCAG Regional Transportation Plan and the Draft EIR. He talked about the Diamond Bar Pageant fundraiser on Sunday, March 4 and the pageant on March 18. He thanked residents for attending the City Hall open house. CITye spoke about a report aired by KTLA Channel 5 regarding DRHS and the safety of the high school. Two things are very important — public safety and children and their safety. The KTLA report was certainly different than what Superintendent Richard Martinez and the School District understood the report would be. Superintendent Martinez addressed issues directly and addressed the Panther Pride Association directly. He also spoke at a regularly scheduled meeting with parents at Lorbeer Middle School. The report indicated that the school would not withstand an 8.0 earthquake. CITye said he was certain that his home would not withstand an 8.0 earthquake and that he believed the school was very well constructed and as a result of the controversy, Superintendent Martinez has taken it upon himself to bring in a structural engineer to look at the entire facility and his assurance to CITye was that Superintendent Martinez would not hesitate to red -tag any building that needs it. There was a school in the district that had a tree fall on one of the buildings during a recent windstorm. That building was red tagged and no chances will be taken with any kids and their safety. He felt the report was very disappointing and appreciated the opportunity to say "this is what you heard and these are the facts". He hoped that residents would participate in the 4th Annual Spotlight on the Arts at Mt. SAC. There is just not a better opportunity in this area to experience firsthand the talented young people of DRHS and DBHS and Pacific Crest. He challenged the Council to.participate in the March 3 WVUSD 5K Run/Walk. MPT/Tanaka reported on his attendance at the DB Senior Citizens Valentine's Day Dinner -Dance; the telephonic WCCA meeting; DBHS 30th Anniversary; LA County Jr. Fair Board Advisory Committee meeting; and, the Miss Diamond Bar Fashion Show. He reminded everyone that the next event will be a car wash on Sunday, March 4 at Der Wienerschnitzel. He thanked staff and everyone who attended tonight's City Hall open house and asked that tonight's meeting be adjourned in memory of Tom Ortiz, former City Commissioner and long-time DB resident. C/Herrera thanked staff for the great open house. She felt residents who attended were thrilled to see the new DB City Hall, many of whom FEBRUARY 21, 2012 PAGE 17 CITY COUNCIL complimented the City on taking advantage of such a wonderful purchase. One resident asked why there were no Council Chambers and she commented it would have cost an additional $2 million to equip a room with adequate Council Chamber space, seating, cameras, technicians, etc. and with the AQMD Auditorium availability it would have been repetitive. In addition, a Council Chamber would have eliminated the new County Public Library on the first floor. Council felt that the library was far more important than having Council Chambers and the resident agreed. C/Herrera said she understood the Park `n Ride facilities were quite crowded throughout DB and there is really no space for additional Park `n Ride facilities. Residents park in neighborhoods, residents complain and cars are towed because residents do not like cars parked on the streets. People who take public transportation park in some of the shopping centers and parking center owners try to toss them out and give them tickets. Residents are finding it very difficult to find places to park. She is the Council representative on Foothill Transit and there is a potential for an opportunity to have Foothill Transit construct, at their expense, a parking structure at the north end of Diamond Bar Boulevard. It is possible that Caltrans will permit this new structure to accommodate 500 vehicles and as this situation develops she will come to .the Council and to the residents to talk more about this matter. She is pleased this has the potential to happen without any additional expense to the City and residents of DB. M/Chang reiterated that residents can follow her on Twitter, Facebook and Foursquare. She thanked staff and residents for putting their faith in the City government. This is your City Hall and she looks forward to the actual dedication when the library is completed. It was a successful open house today and she is very excited about the library. She was very sorry to hear about Tom Ortiz's passing that when she was running for Council she and Tom Ortiz would have conversations about City government and that he would be missed. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the Regular City Council Meeting at 8:58 p.m. in memory of Tom Ortiz. h TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 6t ---h_ day of m,,, ,h , 2012. G CHANG, M