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HomeMy WebLinkAbout07/06/2010City Council Agenda Tuesday, July 6, 2010 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 97765 Carol Herrera Steve Tye Mayor Mayor ProTem Ling -Ling Chang Ron Everett Jack Tanaka Council Member Council Member Council Member City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast live on Time -Warner Cable Channel 3 and Verizon ROS television Channel 47. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent, Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, Time -Warner Cable Channel 3, ROS television Channel 47 and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, CassetteNideo tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON TIME -WARNER CABLE CHANNEL 3 AND VERIZON FiOS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING ON THE CITY'S WEB SITE AT WWW.CITYOFD[AMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA July 6, 2010 CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: Next Resolution No. 2010-26 Next Ordinance No. 04 (2010) 6:30 p.m. Mayor Reverend Jeanne Farreau-Sorvillo, Diamond Bar United Church of Christ Council Members Chang, Everett, Tanaka, Mayor Pro Tem Tye, Mayor Herrera Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaiming July, 2010 as Parks and Recreation Month. BUSINESS OF THE MONTH: 1.2 Presentation of City Tile to Red Dragon Karate Champion's Training Center, 341 South Diamond Bar Blvd., as Business of the Month, for July, 2010. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21825 Copley Dr., Diamond Bar, California, during normal business hours. July 6, 2010 PAGE 2 the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may tdefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park — July 7, 2010 — 6:30 — 8:00 p.m., The Answer (Classic Rock) — Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.2 Movies Under the Stars — July 7, 2010 — Planet 51 — Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.3 Traffic and Transportation Commission Meeting — July 8, 2010 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. (Dark). 5.4 Planning Commission Meeting — July 13, 2010 - 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 Concerts in the Park — July 14, 2010- 6:30 — 8:00 p.m., Suave (Latin) — Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.6 Movies Under the Stars — July 14, 2010 — Shorts - Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.7 City Council Meeting — July 20, 2010- 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of June 15, 2010 — Approve as submitted. 6.2 Planning Commission Minutes — Regular Meeting of May 25, 2010 - Receive and file. 6.3 Parks and Recreation Commission Minutes — Regular Meeting of May 27, 2010 - Receive and file. July 6, 2010 PAGE 3 6.4 Traffic and Transportation Commission Minutes — Regular Meeting of May 13, 2010 - Receive and file. 6.5 Ratification of Check Register — Dated June 9, 2010 through June 30, 2010 totaling $1,274,349.26. Requested by: Finance Department 6.6 Treasurer's Statement - Month of May, 2010. Recommended Action: Approve. Requested by: Finance Department 6.7 Approval of Amendment No. 2 to the Agreement with And 1 Officials Extending the Contract Period to July 1, 2010 Through June 30, 2011 in an Amount Not -to -Exceed $35,000. Recommended Action: Approve. Requested by: Community Services Department 6.8 Approval of Amendment No. 2 to the Agreement with Tennis Anyone Extending the Contract Period to July 1, 2010 Through June 30, 2011 in the Amount of $70,000. Recommended Action: Approve. Requested by: Community Services Department 6.9 Authorization to Exceed the City Manager's Purchasing Authority of $25,000 to Extend Vendor Services for Senior and Adult Excursions Provided by Inland Empire Stages Ltd., in an Amount Not -to -Exceed $70,000 for FY 2010/11. Recommended Action: Approve. Requested by: Community Services Department 6.10 Approval of Extension of City -Wide Graffiti Removal Contract with Graffiti Control Systems for FY 2010-11 in the Amount of $62,400. Recommended Action: Approve. Requested by: Community Development Department July 6, 2010 PAGE 4 6.11 Approval of Notice of Completion for Cleghorn Dr./Gold Nugget Ave. Neighborhood Traffic Management Program (NTMP) Project. Recommended Action: Approve. Requested by: Public Works Department 6.12 Approval of a License Agreement with Clear Wireless, LLC, A Nevada Corporation, (Clear Wire) to Construct a Wireless Communications Site at Peterson Park. Recommended Action: Approve. Requested by: City Manager 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 Appointment of two Members to the Wildlife Corridor Conservation Authority Advisory Committee. Recommended Action: Reappoint and Appoint. Requested by: City Manager 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 15, 2010 R�'CAnc LL TO ORDER: Mayor Herrera called the Regular City o meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Pastor Mark Hopper, Evangelical Free Church, gave the invocation. ROLL CALL: Council Members Ling -Ling Chang, Ron Everett, Jack Tanaka, Mayor Pro Tern Steve Tye and Mayor Carol Herrera. Staff Present: James DeStefano, City Manager; David Doyle, Asst. City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Ryan McLean, Assistant to the City Manager; Greg Gubman, Community Development Director; Natalie Tobon, Planning Technician; Christian Malpica-Perez, Associate Engineer (Traffic); Kimberly Molina, Associate Engineer; Patrick Gallegos, Management Analyst; Anthony Santos, Management Analyst; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. Also Present: Mark Rogers, TRG Land and Peter Lewandowski, Environmental Impact Sciences (consultants for Site D) APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS 1.1 Steve Remige, President of Association for Los Angeles Deputy Sheriffs, (ALADS), presented a plaque to the City Council as a thank you to the City for its ongoing support for quality public safety services. Lt. Maxey joined the Council for the photo opportunity. NEW BUSINESS OF THE MONTH: 1.2 MPT/Tye presented City Tiles to Charlie Cobb, Manager and Bob Chu, owner of Burger King located at 2711 S. Diamond Bar Blvd. and 527 S. Grand Ave., as Business of the Month. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered, 3. PUBLIC COMMENTS: Allen Wilson asked the Council to amend its City Charter to forbid City Council Members from participating in CalPers, collecting medical retirement and other "perks." JUNE 15, 2010 PAGE 2 CITY COUNCIL Jessee Lantz, Librarian, spoke about the Diamond Bar Library's summer reading programs. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responding to Mr. Wilson, stated that the incidents that have occurred in other San Gabriel Valley cities involving Council Members is certainly not reflective of the City of D.B. The five members that currently serve and the 14 members prior to these five have served with honor and dignity for the City and its residents extraordinarily well over the past 21 years. The speaker referred to the need to develop an ordinance or to draft a Charter amendment with respect to the potential for City Council Members seeking unemployment benefits after they have concluded their service. D.B. is not a Charter City. D.B. is a General Law City and therefore must follow State Law. There are agencies outside of the City of D.B. that determine whether unemployment benefits are appropriate for former City Council Members. At this point there is no need for any follow up. To reiterate, this type of behavior is not reflective of the history of D.B. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — June 22, 2010 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.2 Parks and Recreation Commission Meeting — June 24, 2010 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.3 4th of July Blast — July 4, 2010 — 5:00 p.m., Diamond Bar High School, 21400 Pathfinder Rd. Music and Entertainment begin at 5:30 p.m. - Fireworks begin at 9:00 p.m. Free parking and shuttle service. is available from the Cal Trans Park and Ride on Pathfinder Rd. 5.4 4th of July Holiday — Monday, July 5, 2010 — City Offices closed in observance of 4th Of July. Offices reopen Tuesday, July 6, 2010 at 7:30 a.m. 5.5 City Council Meeting — July 6, 2010 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.6 Concerts in the Park — July 7, 2010 — 6:30 to 8:00 pm, "The Answer" (Classic, Rock) — Sycamore Canyon Park, 22930 Golden Springs Dr. 5.7 Movies Under the Stars — July 7, 2010 — Planet 51 — Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Dr. 6. CONSENT CALENDAR: C/Tanaka moved, C/Everett seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: JUNE 15, 2010 PAGE 3 CITY COUNCIL AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES 6.1.1 Study Session of May 18, 2010—as submitted. 6.1.2 Regular Meeting of May 18, 2010—as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of May 11, 2010. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of April 22, 2010. 6.4 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of March 11, 2010. 6.5 RATIFIED CHECK REGISTER — Dated May 14, 2010 through June 8, 2010 totaling $1,312.182.17. 6.6 APPROVED TREASURER'S STATEMENT — Month of April 2010. 9 119 _ 0111 a) ADOPTED RESOLUTION NO. 2010-18: DECLARING THE CITY'S SUPPORT FOR AN ENERGY PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA EDISON AND THE CITY OF D.B. b) ADOPTED RESOLUTION NO. 2010-19: CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE INCORPORATED AREA OF THE CITY IN THE LOS ANGELES COUNTY ENERGY PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS, APPROVING THE REPORT SETTING FORTH THE PARAMETERS OF THE REFERENCED PROGRAM AND CERTAIN MATTERS IN CONNECTION THEREWITH. c) APPROVED CONTRACT AMENDMENT WITH FIELDMAN/ROLAPP & ASSOCIATES. d) APPROVED THE CITY'S PARTICIPATION IN THE 2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM. e) APPROVED COST OF LIVING INCREASE TO THE HOURLY RATES FOR THE CITY ATTORNEY JENKINS & HOGIN. JUNE 15, 2010 PAGE 4 CITY COUNCIL 6.8 COMMUNITY DEVELOPMENT DEPARTMENT'S REQUESTS: a) APPROVED AMENDMENT NO. 4 TO THE CONSULTING SERVICES AGREEMENT WITH DIANA CHO AND ASSOCIATES FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LABOR AND CONTRACT COMPLIANCE SERVICES IN THE AMOUNT OF $3,000 FOR FY 2009- 10. b) APPROVED CONTRACT WITH DIANA CHO AND ASSOCIATES FOR CDBG CONTRACT ADMINISTRATIVE SERVICES FOR A NOT -TO - EXCEED AMOUNT OF $25,000 FOR FY 2010-11. c) APPROVED AMENDMENT NO. 1 TO THE CITY'S AGREEMENT FOR LEGAL SERVICES IN CONJUNCTION WITH CODE ENFORCEMENT WITH DAPEER, ROSENBLIT & LITVAK, LLP. a) APPROVED CONTRACT WITH REPUBLIC ITS FOR TRAFFIC SIGNAL MAINTENANCE SERVICES FOR THREE FISCAL YEARS (FY 2010-2011, FY 2011-2012 AND FY 2012-13). b) APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT WITH RJ NOBLE COMPANY FOR RESIDENTIAL AREA 6 (NORTH OF SR 60 FWY AND EAST OF DIAMOND BAR BOULEVARD) RESIDENTIAL ROAD MAINTENANCE PROJECT IN THE AMOUNT OF $908,712; AND AUTHORIZED A CONTINGENCY AMOUNT OF $91,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $999,712. c) APPROVED NOTICE OF COMPLETION FOR PREVENTATIVE STREET MAINTENANCE PROGRAM (ZONE 3 AND ZONE 4 ARTERIAL STREET REHABILITATION PROJECT) FEDERAL PROJECT NO. ESPL-5455(013). d) APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR PATHFINDER MEDIAN PROJECT BETWEEN THE NORTHBOUND STATE ROUTE 57 ON/OFF RAMPS AND FERN HOLLOW DRIVE IN THE AMOUNT OF $89,937.50 TO KASA CONSTRUCTION AND AUTHORIZED A CONTINGENCY AMOUNT OF $18,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $107,937.50. JUNE 15, 2010 PAGE 5 CITY COUNCIL e) APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR THE DIAMOND BAR BOULEVARD RAISED MEDIAN MODIFICATION PROJECT (IN FRONT OF THE DIAMOND BAR POST OFFICE) IN THE AMOUNT OF $54,843.50 TO ELITE COMPANIES US, INC. AND AUTHORIZED A CONTINGENCY AMOUNT OF $5,500 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $60,343.50. APPROVED NOTICE OF COMPLETION FOR TRAFFIC SIGNAL BATTERY BACKUP SYSTEM PROJECT. 6.10 COMMUNITY SERVICES DEPARTMENT'S REQUESTS: a) APPROVED INCREASE IN CONTRACT AMOUNT FOR MEGA WAY ENTERPRISES IN THE AMOUNT OF $3,731 FOR CONSTRUCTION OF SYCAMORE CANYON TRAIL PROJECT — PHASE III. b) ADOPTED RESOLUTION NO. 2010-20: APPROVING SUBMITTAL OF A GRANT APPLICATION FOR FUNDING TO CONSTRUCT FREESTANDING OUTDOOR INTERPRETIVE EXHIBITS ALONG SYCAMORE CANYON PARK TRAIL. 6.11 IS DEPARTMENT'S REQUESTS: a) AUTHORIZED THE CITY MANAGER TO EXECUTE A FIVE YEAR AGREEMENT WITH COMPUCOM FOR MICROSOFT ENTERPRISE AGREEMENT IN AN AMOUNT NOT -TO -EXCEED $105,651.65 ($21,130.33 ANNUALLY). b) AUTHORIZED THE CITY MANAGER TO PURCHASE VARIOUS NETWORKING EQUIPMENT AND COMPUTER HARDWARE FROM CDWG, IN FY 2010-11 FOR AN AMOUNT NOT -TO -EXCEED $181,000. 6.12 FINANCE DEPARTMENT'S REQUESTS: a) ADOPTED RESOLUTION NO. 2010-21: SETTING PROPOSITION 4 (GANN) APPROPRIATIONS LIMIT FOR FY 2010-11 IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE. b) ADOPTED RESOLUTION NO. 2010-22: ADOPTING THE STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2010- 11. JUNE 15, 2010 PAGE 6 CITY COUNCIL 7. PUBLIC HEARINGS: 7.1 PUBLIC HEARINGS FOR LIGHTING AND LANDSCAPE DISTRICT NO'S 38, 39 AND 41: a) ADOPT RESOLUTION NO. 2010-23: LEVYING AN ASSESSMENT ON THE CITY OF DIAMOND BAR'S LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR FY 2010-11. b) ADOPT RESOLUTION NO. 2010-24: LEVYING AN ASSESSMENT ON THE CITY OF DIAMOND BAR'S LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FY 2010-11. c) ADOPT RESOLUTION NO. 2010-25: LEVYING AN ASSESSMENT ON THE CITY OF DIAMOND BAR'S LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FY 2010-11. PWD/Liu reported that the City has an annual maintenance program for landscaping and open space improvements for District's 38, 39 and 41. District 38 has a proposed levy rate of $15 per parcel which will generate about $268,000 in assessment for FY 2010-11. This assessment rate of $15 per parcel has remained the same since the date of incorporation in 1989. As a result of the rising operational and maintenance costs of the district the City has been using its General Fund to maintain service levels. For FY 2010-11 $14,867 from the General Fund is proposed to be used to pay for the operation and maintenance costs in District 38. Not reflected in the District 38 budget is $36,100 from the General Fund for personnel service costs. The total annual budget for District 38 is $282,617. Landscaping improvements maintained by District 38 include an estimated 17,850 parcels and parkways and medians throughout the City for a total area of approximately 10.34 acres. Staff recommends that the assessment district amount of $15 for each assessable lot within District 38 be confirmed and that the resolution levying an assessment for FY 2010-11 be adopted. District 39 has a proposed levy rate of $130 per parcel which will generate approximately $164,190 in assessments. Similar to District 38, costs have outpaced the revenues and the current assessment rate is inadequate to maintain and improve District 39 without utilizing the General Fund. For FY 2010-11, $57,042 General Fund monies are proposed to pay for the operation and maintenance costs and $36,100 General Fund monies for personnel services costs. The District budget totals $221,232. Landscaping improvements maintained by District 39 include the mini parks, slopes and open space area within the district consisting of a total maintenance area of almost 61 acres. The estimated number of parcels within the District is 1,263. Staff is recommending that District 39 JUNE 15, 2010 PAGE 7 CITY COUNCIL assessment value of $130 per parcel be confirmed and that the resolution levying an assessment for FY 2010-11 be adopted by the City Council. District 41 has a proposed levy rate of $220.50 which will generate approximately $122,157 in assessments. This assessment is inadequate to maintain and improve District 41 without utilizing the General Fund. For FY 2010-11, $20,000 of Prop A State Park funds are proposed to pay for the operation and maintenance costs and $36,100 of General Fund for personnel services costs. The District budget totals $183,368. Landscaping improvements to be maintained by District 41 include slopes and open space consisting of a total maintenance area of almost 16 acres. The estimated number of parcels within the District is 554. Staff recommends that the assessment amount of $220.50 for each assessable lot within District 41 to be confirmed and that the resolution levying an assessment for FY 2010-11 be adopted. M/Herrera opened the Public Hearing at 7:11 p.m. With no one present who wished to speak on this item, M/Herrera closed the Public Hearing at 7:12 p.m. MPT/Tye thanked PWD/Liu for his comprehensive report. He reiterated that the assessment rates remain the same as the rate applied at the date of D.B.'s incorporation 21 years ago. C/Everett asked why the report refers to "estimated" parcel numbers rather than exact numbers. PWD/Liu stated that staff confirmed the number of parcels within each assessment district with the help of the City's Assessment Engineer and the numbers presented to Council are close to the latest available information. "Estimates" are used to convey staffs report is as close to reality as possible based on information available at the time of the survey. C/Everett moved, C/Tanaka seconded, to adopt Resolution 2010-23, 2010-24 and 2010-25 as presented by staff. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JUNE 15, 2010 PAGE 8 CITY COUNCIL 7.2 A PUBLIC HEARING TO CONSIDER VARIOUS ACTIONS PERTAINING TO SITE D (A SITE COMPRISED OF APPROXIMATELY 30.36 ACRES LOCATED AT THE SOUTHEAST CORNER OF BREA CANYON ROAD AND DIAMOND BAR BOULEVARD, DIAMOND BAR, CA (ASSESSORS PARCEL NUMBERS 8714-002-900, 8714-002-901, 8714-002-902, 8714- 002-903 AND 8714-015-001) INCLUDING GENERAL PLAN AMENDMENT NO. 2007-03, ZONE CHANGE NO. 2007-04, SPECIFIC PLAN NO. 2007-01 ("SITE D SPECIFIC PLAN"), TENTATIVE TRACT MAP NO. 70687, AND CONSIDERATION OF CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT 2007-02 (SCH NO. 2008021014). a) RESOLUTION NO. 2010 -XX: CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (SCH NO. 2008021014) AND APPROVING THE MITIGATION REPORTING AND MONITORING PROGRAM AND ADOPTING FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE SITE D SPECIFIC PLAN AND TENTATIVE TRACT MAP NO. 70687 FOR A SITE COMPRISED OF APPROXIMATELY 30.36 ACRES LOCATED AT THE SOUTHEAST CORNER OF BREA CANYON ROAD AND DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA (ASSESSORS PARCEL NUMBERS 8714-002-900, 8714-002-901, 8714-002-902, 8714-002-903 AND 8714-015-001). b) RESOLUTION NO. 2010 -XX: APPROVING GENERAL PLAN AMENDMENT NO. 2007-03 AND ZONE CHANGE NO. 2007-04 FOR PROPERTY COMPRISED OF APPROXIMATELY 30.36 ACRES LOCATED AT THE SOUTHEAST CORNER OF BREA CANYON ROAD AND DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA (ASSESSORS PARCEL NUMBERS 8714-002-900, 8714-002-901, 8714-002-902, 8714-002-903 AND 8714-015-001). c) RESOLUTION NO. 2010 -XX: APPROVING TENTATIVE TRACT MAP NO. 70687 FOR SUBDIVISION OF 30.36 ACRE SITE FOR RESIDENTIAL AND COMMERCIAL PURPOSES WITH 202 -UNIT RESIDENTIAL UNITS AND 153,985 GROSS SQUARE FEET OF COMMERCIAL USE ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF BREA CANYON ROAD AND DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA (APN 8714-002- 900, 8714-002-903 AND 8714-045-001). d) ORDINANCE NO. OX (2010): APPROVING ZONE CHANGE NO. 2007-04 CHANGING THE EXISTING ZONING TO SPECIFIC PLAN FOR PROPERTY COMPRISED OF APPROXIMATELY 30.36 ACRES LOCATED AT THE SOUTHEAST CORNER OF BREA CANYON ROAD AND DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA (ASSESSORS PARCEL NUMBER 8714-002-900, 8714- 002-901, 8714-002-902, 8714-002-903 AND 8714-015-001). JUNE 15, 2010 PAGE 9 CITY COUNCIL e) ORDINANCE NO. OX (2010): APPROVING SITE D SPECIFIC PLAN, SPECIFIC PLAN NO. 2007-01, FOR PROPERTY COMPRISED OF APPROXIMATELY 30.36 ACRES LOCATED AT THE SOUTHEAST CORNER OF BREA CANYON ROAD AND DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA (ASSESSORS PARCEL NUMBER 8714-002-900, 8714-002-901, 8714-002-902, 8714-002-903 AND 8714-015-001). CDD/Gubman stated that the plan presented to the Council for consideration this evening is the result of a cooperative effort between the City of Diamond Bar and the Walnut Valley Unified School District. This effort began in June 2007 with the City Council's approval of a MOU (Memorandum of Understanding) between the School District and the City where it was agreed that the two agencies would embark on a planning process to establish a comprehensive and forceful planning strategy for Site D and to do so prior to putting the property on the market for sale. To further this goal, it was agreed that a specific, plan would be the most appropriate planning tool to better ensure a predictable outcome for the eventual buildout of the site. The City and School District agreed to engage the services of Planning Firm TRG Land to prepare the Specific Plan which includes both the physical plan for the site and the regulations that would govern its buildout. TRG specializes in hillside design so the company was well qualified to formulate a. buildable and aesthetically appropriate design solution for Site D's complex topography. Staff selected Peter Lewandowski, principal of the firm Environmental Sciences to prepare the Site D Specific Plan Environmental Impact Report (EIR). Mr. Lewandowski has worked with the City to provide other EIR's and provided other environmental consulting services over the years and is an excellent analyst who consistently delivers detailed, exhaustive, transparent and defensible environmental documents for D.B. CDD/Gubman then presented an overview of the decision making process which included an explanation of what is a Specific Plan, the purposes of an Environmental Impact Report and conclude the discussion with a project overview and explanation for the decisions the Council will be making at the end of the hearing process. A Specific Plan is a detailed blueprint to guide future development over a specific geographic area. A Specific Plan is a much more robust prescription for development than conventional zoning designations. It is not a project development plan that one would see for a shopping center or residential subdivision; however, it does specify the criteria to which such future developments must adhere. The Site D Specific Plan includes a land use diagram that is very much like a zoning map in that it shows the boundaries for development designated for residential and commercial uses but goes beyond that. This Specific Plan contains development regulations and architectural design guidelines, provides graphic and written specifications for onsite improvements and describes the public improvements that will JUNE 15, 2010 PAGE 10 CITY COUNCIL be required as part of the plan's implementation. An adopted Specific Plan will enable the City to exert much more control over the outcome of subsequent development after the property is sold than what would be possible if the property is sold "as is". CDD/Gubman explained the purpose of an Environmental Impact Report using a slide presentation. The Environmental Impact Report (EIR) process is prescribed under the California Environmental Quality Act (SEQA) and because of the potential environmental impacts that this project poses, an EIR is required. The framework for an EIR as called out in SEQA provides basic mandates the City must follow through the environmental process. One important function of the SEQA process is to inform governmental decision makers and the public about the potential environmental effects on proposed activities. Also, SEQA is intended to identify the ways that environmental damage can be avoided or significantly reduced. SEQA was also created to prevent significant avoidable damage to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the government agency finds the changes to be feasible. The purpose of SEQA is to disclose to the public the reasons why a government agency approved the project in a manner the agency chose if significant environmental impacts are involved. The bottom line of SEQA and those basic purposes is to provide an objective process to disclose and to minimize environmental damage. CDD/Gubman stated that the purpose of the EIR is to inform other governmental agencies as well as the public of the environmental impact of the proposed project. There are two major milestones in the EIR process. One is the drafting of the Environmental Impact Report (EIR) which is collectively referred to as the Draft EIR; and, two the process of bringing the Draft EIR to the public and respond to any comments and make any changes if defects in the document are identified such as an eventual decision on a land use matter that the EIR was prepared to analyze. For Site D the Draft EIR process began in earnest with the publication of a Notice of Preparation. There was a 30 day notice period February 1 through March 5, 2008 wherein the City informed public agencies through the State's Clearinghouse, direct outreach to public agencies and notification to property owners within a 1000 ft. radius of Site D that an EIR was going to be prepared with the objective of having early identification to the City of what types of environmental issues are of concern that should be looked at. During the Notice of Preparation period the City also conducted a public scoping meeting on February 21, 2008, which provided a public forum to hear in a collective, efficient setting what the concerns were pertaining to environmental issues. Following the NOP process, the City drafted the Draft EIR which was completed in late Spring of 2009 after several screen check drafts were vetted through staff. When the document was ready for public review the City issued a Notice of JUNE 15, 2010 PAGE 11 CITY COUNCIL Completion which started a 45 -day public review period for public agencies and residents to review the Draft EIR and provide comments on Environmental issues that were believed to be inadequately addressed or if questions were raised as to how the EIR analyzed certain issue areas. At the conclusion of the public review period staff collected all of the written and oral comments and began the process of a final EIR. CDD/Gubman further stated that the final EIR in terms of the document is comprised of several volumes including the Draft EIR, technical appendices which are the scientific and technical/engineering reports that provide the data, and the specialized scientific analysis of the environmental impacts that are then collected and summarized in the Environmental Impact Report. The final EIR also includes all of the comments received during the public review period and all responses to those comments. Ultimately, the role of the EIR in the decision making process is for the public agency to review the disclosures contained in that document and not to decide to approve or carry out a project for which an EIR was prepared unless either the project, as approved, doesn't have a significant effect on the environment; or, that the agency has eliminated or substantially lessened all of the significant affects on the environment, where feasible, and determined that any remaining significant affects on the environment are found to be unavoidable are acceptable due to overriding considerations. He reiterated that every comment that raises environmental issues must receive a written response. The EIR process generates many comments that go beyond the scope of environmental issues and as the scope of the environmental review process is as defined, responses are made to those environmental issues. With respect to Site D's Specific Plan there is the Statement of Overriding Considerations. SEQA provides that the decision making agency would need to balance, as applicable, the economic, legal, social, technological or other benefits of the proposed project against its unavoidable environmental impacts when determining whether to approve the project. If specific economic, legal, social, technological or other benefits of the proposed project outweigh the unavoidable environmental impacts, then the adverse environmental impacts may be considered acceptable. CDD/Gubman presented an overview of the site and its proposed land uses including commercial and residential components recommended by TRG Consulting and stated that the proposed project would include a measurable contribution fair -share fee to improve the functionality of two intersections. CDD/Gubman stated that the Specific Plan, related applications and EIR were presented to the Planning Commission on February 13, 2010. The Commission conducted a Public Hearing that evening and continued discussion over the next two meetings. On May 11, 2010 the Planning Commission recommended that the City Council certify the EIR, adopt the JUNE 15, 2010 PAGE 12 CITY COUNCIL Statement of Overriding Considerations, approve the General Plan Amendment, Zone Change, and Tentative Tract Map with the additional recommendation that a 1.3 acre park be included on the commercial site. staff believes that the proposed Specific Plan represents the direction initiated through the 2007 MOU process and provides the City with an appropriate long-term plan for Site D that achieves a number of objectives that are of benefit to the community including providing housing at an appropriate density for the site to add to the City's housing stock to help meet the City's obligation to contribute to the region's housing needs; to provide commercial amenities in this part of the City and at an intersection that is ideally suited for that purpose; the Specific Plan ensures the City's influence on the site's future build out; and, the land sale of the site and its proceeds will help further the WVUSD's educational mission. CDD/Gubman introduced Mark Rogers, TRG Land; Peter Lewandowski, Environmental Impact Sciences; Steve Sasaki, staffs contract traffic. engineering consultant; Dr. Cynthia Simms, Superintendent, WVUSD; Carolyn Elfelt, WVUSD Trustee. CM/DeStefano stated that the residential and commercial pads are related to Tentative Tract Map 70687, a copy of which has been provided to the City Council and reviewed by the Planning Commission. This Parcel Map is proposed to generally commence the process of reconfiguring these acres in order to accommodate the proposed land uses. The Map talks about redistributing the acreage into three parcels — one for commercial and two for residential. The Map also identifies seven lettered lots, five of which are set aside for Open Space and two for roadways within the 30 plus acre site. The staff report incorporates 16 additional major exhibits including the aforementioned items as well as, all of the letters that have been received, communications prior to the Planning Commission's Public Hearing, Planning Commission staff reports, actions that occurred at the Planning Commission meetings, minutes of the Planning Commission meetings and all communication received since the Planning Commission's conclusions including one communication received today. Staff has provided the City Council with all documentation that would allow the Council to make its decision this evening, should it choose to do so. Staff is recommending that the City Council Open the Public Hearing, receive public testimony, bring the matter back to the City Council for discussion, direct City staff as necessary and continue the matter to a date in July specified by the City Council. This project has been documented on the City's website for many months and staff has provided a City Council agenda that includes all of the supplemental material so that the public has an opportunity to, view all materials received by the City Council. M/Herrera opened the Public Hearing at, 8:07 p.m. and invited Mark Rogers, TRG Land, and Dr. Cyndy Simms, WVUSD to speak on the JUNE 15, 2010 PAGE 13 CITY COUNCIL matter. Dr. Simms stated that the School District has suffered major budget reductions due to the State's economy and the legislature's decision to make cuts to public schools. As a result, the School District and School Board have had to act very responsibly to balance the District's budget. WVUSD believes that the sale of Site D would provide an opportunity to assist the School District with its operations if the sale takes place within a two-year window. The WVUSD respectfully asks that the City Council approve the recommendations of staff contained in staffs report on Page 2. Margot Eiser, Montebello, spoke in opposition to the project and in favor of leaving the property as open space. Ernie Salas, Andy Salas and Matt Teutimez, Covina, representing the Gabrieleno Band of Mission Indians, San Gabriel, California, said they were never given notice of this project and that their Indian tribe were the inhabitants of this area and oppose the project proposed on historical grounds. Matt Teutimez, biologist for the tribe, said that the natives look at this site as containing components that were utilized by their ancestors. John Martin, 1249 S. Diamond Bar Blvd., asked that the following issue be entered into the Public Hearing record: The SEQA requirement that viable alternatives be presented in any EIR was circumvented by the City's agreement with WVUSD via the MOU. He hoped the Council would give up the $300,000 reimbursement and vote against the proposal. Carolyn Elfelt, Board of Trustees, WVUSD, apologized to the City of D.B. and the community for being so slow to explain why the District needs to sell the property at Diamond Bar Blvd. and Brea Canyon Rd. She is sorry that the rumors about the property are running rampant and causing concern among the citizens. Regardless of the rumors, the harsh reality is there is a fiscal crisis in California. Sacramento has failed to adequately fund schools to continue the programs it demands the Districts to provide. California schools are desperately trying to survive the worst years of funding shortages since the great depression of the 1930's which lasted a decade. Today's budget challenges are not going away anytime soon. In Walnut Valley we are in a perfect storm of declining enrollment, economic cycles and legislative actions that add to educational requirements but fail to provide funding to support and sustain those requirements. There is no good news out of Sacramento for school districts. Walnut Valley, like every other school district in California, is facing staggering budget deficits. Sacramento has failed to adequately fund its schools. So, Walnut Valley has to find its own funding sources to prepare its students to JUNE 15, 2010 PAGE 14 CITY COUNCIL survive in the highly competitive global economy of the 21st century. Walnut Valley must maximize every asset it has to save the programs students need. Funding sources of any kind are desperately needed to fill and backfill budget holes. Selling surplus property such as Site D and using the funds to backfill budget holes is a viable option. The plan before the Council tonight is a result of over 20 years of effort to create a project which will benefit the citizens of D.B. and their children's education. The pr I ocess for the approval is open and public. On behalf of the Board of Trustees of Walnut Valley, thank you City Council and City staff for enabling Walnut Valley to use its surplus property for the benefit of its students. David R. Busse, 21455 Ambushers St., took exception to the claim of an open process and cooperative effort. The people own this land and do not want this project. He presented the City Clerk with a petition opposing the Site D Specific Plan. Mary McCormick, 21455 Ambushers St., said she believes the proposal violates SEQA guidelines because there was no proper public participation during the Planning Commission hearings. Several residents attended the Planning Commission meetings prior to their decision to, approve their recommendation to the City Council. The residents who were in that meeting were told they could not speak, that in fact, they were only allowed to speak at a public hearing. So at the Planning Commission meeting residents attempted to talk about alternatives. Chris Chung, 21470 Cold Spring Ln., asked if his letter was part of the record. He believed there had not been full disclosure of facts in this matter and mistakes of fact. Due to the lack of disclosure about the total number of units that could be built (253 units) the traffic was not analyzed properly. He pointed out other deficiencies in the General Plan as it related to the proposal. He felt if the Council approved the matter it, could easily be challenged. Hilda He, '2911 Rising Star Dr., asked if the cash from the sale of the land would be used to employ more teachers, add more programs for students, etc. She preferred that the City retain the site as open space and for recreation. She asked why the City wanted to build when there were so many apartment vacancies. She was also concerned about the pollution from the additional traffic. Mary Rodriquez, 3419 Pasado Dr., said she was not in favor of developing Site D and did not trust the EIR. D.B. needs more park space and the time to save Site D, a historical and cultural site, is now. Nancy Daugherty, 3010 La Paz Ln., said she wholeheartedly supported her neighbor's comments in opposition to this project. She would support JUNE 15, 2010 PAGE 15 CITY COUNCIL a nature walk or nature park. She supports the School Board and would like to see an alternative plan for the property. School districts need revenue but the City needs to preserve its open space and wildlife habitats. Judy Leung, 21178 Running Branch, said she believed that most residents support public education but she is very concerned about what Jack LeBrun, Budget Manager of WVUSD said in April that this money cannot be used to pay for teacher salaries and school programs. Dr. Simms stated that there is a two year window for use of these funds and would like an explanation. She asked why the public is here to discuss only this plan and no other alternatives. She walked about 12 hours during the past couple of weeks and 90% of her neighbors object to this plan. She took exception to the 1000 ft. radius requirement and asked why bids were not offered to other firms for preparation of the EIR. Robert Poyner, 8115 Preston Rd., Dallas, TX, Country Hills Holding, said he understood the School District and City's financial motive. Country Hills Holding Company does not believe the commercial aspect of this plan is viable in a tough competitive market. His firm believes this plan offers a short-term financial gain and a long-term negative impact to both D.B. and its residents. Gregory Shockley, 3711 Crooked Creek, spoke in opposition to the proposed Site D Specific Plan and said he found many errors in the EIR. M/Herrera asked if staff had responses to speaker's comments. CM/DeStefano stated that it is staffs recommendation to bring the matter back to the dais for discussion and that Council may want to direct staff to continue the matter to July 20. On July 20 staff can respond with answers to all of the questions and issues raised during tonight's public hearing testimony. Further, staff would recommend that the City Council continue the Public Hearing to July 20 and at that time Council can decide whether to close the Public Hearing and take action or continue the matter. M/Herrera asked for Council input. MPT/Tye asked staff to address the following issues: Was the Gabrieleno Indian tribes notified; clarification regarding the MOU relative to "reimbursement"; possible violation of SEQA-, and staff's opinion regarding the issue of "a taking". C/Tanaka asked staff if the Specific Plan, as presented is approved at a future date would that limit the potential developer to what could eventually be developed on the site. He also asked TRG if any alternatives were presented for Site D Specific Plan. JUNE 15, 2010 PAGE 16 CITY COUNCIL C/Evereft asked for clarification of use of funds by the School District because he has heard two conflicting reports regarding what the proceeds from the sale of property can be used for. He did not recall seeing oak trees being killed that may be on the property or Walnut Woodlands. He knows there are lots of Eucalyptus but if there are any other protected tree inventories he would like to have that brought back. He indeed appreciates the comments he heard tonight as well as previous comments he has heard and read. He moved here 32 years ago for the school district and schools for his kids and he feels D.B. is fortunate to have a school district that is ongoing and operating effectively since 1970. He appreciates the school leadership and has an interest in parks, trails and the environment and sustainable alternatives and thinks those needs to be a key part of any project. He further believes it would be great to protect that acreage but residents have to be realistic. It is a challenge for D.B. and he wants to balance it. He is here to listen and has heard good ideas that were not previously received because of a technicality and would like it clarified. He would like the alternatives he heard referenced but has not seen them. There is a claim that there have been no alternatives and asked for clarification. He also asked what was considered in the EIR as alternatives and would like to see that clarified as well. He said he was disappointed about the notices about Site D. He understands the frustration that people did not get the mandated notice; however, in the most recent Windmill May/June there is an article right in the middle about the "Walnut Valley property Site D for sale. This publication goes to every home in our City and has been on the web page. He has spoken to residents throughout the City about Site D and interestingly enough, he finds most of them know about Site D and have minimal concerns. Realistically we want to protect "Country Living" but we've got to be realistic and a property owner has rights. What he wants for Site D is for the neighbors to have something that they can appreciate and respect and something that all of D.B. can view. He was delighted to see the latest charts presented by Mr. Gubman that show the land use plan. There is a red asterisk on the corner of Brea Canyon Cutoff and Diamond Bar Blvd. that is listed as " Commercial Gateway". To him that red star is the gateway to D.B. and he wants it to be attractive and effective. He thinks the City can do it but needs ideas and support rather than everyone saying "don't do anything". All who have listened to this proposal have lots of ideas. Council doesn't have a corner on the market. He wants to hear some ideas about how this parcel can be made into an attractive place because opportunity is knocking on Site D. He wants to balance this for the best benefit of D.B. and the residents and not just the School District and not just for the resident who live there. He certainly does not want the project to create a path for traffic to shortcut through the City's side and back streets He thanked staff for its report and thanked M/Herrera for a chance to offer comments and questions. JUNE 15, 2010 PAGE 17 CITY COUNCIL M/Herrera said she attended all of the Planning Commission meetings and the conversation was about a park opposite Cherryvale Dr. She would like staff to explore what a 2 acre park might look like if it were more along the edges of the homes where there could be more green space, buffer, and separation between homes on Ambushers at the very lower end of the commercial pad. At the Planning Commission meeting it was talked about at the corner/intersection of Brea Canyon Rd. and Diamond Bar Blvd. similar to a courtyard with trees and benches and shops on either side that could serve as a gathering place for people to sit and visit. It might somewhat reduce the commercial usage on that acreage. She would like staff to look at -that possibility. She asked for her colleague's input. MPT/Tye said he heard a lot tonight about "alternatives" but he did not hear any specific alternatives offered. He has had conversations with folks at the south end of town and adjacent to the property and email conversations. He believes staff is correct that the City cannot tell a property owner they cannot do anything with their property. One of the notes he made to himself that he repeats publicly every time this type of project is considered is "undeveloped private property is not open space" and it is not on any plan one can find designated as open space. But what are the alternatives. When he was elected in 2005 one of the first things he attended was the grand opening of the Sprint store at Golden Springs and Diamond Bar Blvd. which he believes did not last a year. The key is that even though it is not up to him, he believes it makes more sense to have more residential. If the School District could develop this property this conversation would not be happening. If Lewis Homes and JCC Partnership had developed it, this conversation would not be happening. Personally, he did not see commercial working and he could not envision what 150,000 sq. ft. of retail would look like there. When he served on the Planning Commission Mr. DeStefano would often tell the Commission that "this is a palate and you get to create it" this is a blank palate and let us create what we want it to look like. So what does that alternative mean compared to what the Council is looking at today? He is not a proponent of commercial on that property. He would rather see 100% residential and would like to know what that would mean. Whether that would be an answer for tonight or a future meeting relative to the process. He would like it made very clear for the public and those who have taken time to be here this evening that they understand that the Council is not driven by an MOU. Council is driven by what is best for D.B. — all of D.B. The property owner is a property owner in D.B. Those that spoke on behalf of the WVUSD are not only representing the School District, they are residents of D.B. Four of the five trustees are residents of D.B. It is not like they can say they only want what is best for the School District. If you have kids in school you want what is best for the School District. He did not hear anyone saying let's not do this so we can see how we can hurt the school district. No one has that in mind. So, JUNE 15, 2010 PAGE 18 CITY COUNCIL what will work? What is the best for that area? What is the best for the School District? And, what is best for the City of D.B. and all of the citizens of D.B. He appreciated everyone's efforts to talk with residents and gather signatures but how many signatures came from people living close to the bowling alley or over by the golf course? When he talks to people around town there is interest in what might happen there but there is no fervor. He understands the fervor if someone lives there and it is their neighborhood. So, how do we craft the best product possible for that location? C/Chang said she studied this packet at length and has taken every comment under consideration. She grew up in .D.B. and lives in the area. The area is very near and dear to her heart but everyone needs to step back and look at this plan in its entirety as objectively as possible. Bottom line is that D.B. needs a project that will benefit the most people and the key phase is "public benefit". There is a school district that is in desperate need of funds and there is the City that needs sales tax revenue to support City needs such as maintenance and operation of existing parks. Within 14.9 sq. miles D.B. has nine parks and has a wildlife corridor with a trail running through it. D.B. has many amenities for its residents. As she sees the situation, these are the options. She hears a lot of folks asking that the property remain in its current condition which is not realistic since the School District owns the property and needs to sell the property. The question is what is best for the School District whether or not that is for the benefit of the residents because if the City has a strong school district it raises the City's property values and affects the quality of life. Secondly, if this property were developed into a park, unless one were to find a developer that would develop it as a park, it is not feasible, and not realistic for the City to purchase this property and be able to generate sufficient funding to operate and maintain this property as a park. Third, one hundred percent residential would not benefit the City as a whole. Granted, the City would receive a one-time fee for homes sold but it would not make up for the additional daily traffic and the City would lose potential sales tax revenue without commercial/retail which is much needed for the maintenance and upkeep of the City. Additionally, the true value of public benefit would exist only for those homeowners at the new housing development. The Site D Plan as presented is a win-win for the School District, the City and its residents. D.B. gets new residents and a beautiful new shopping center. The beauty of this Specific Plan is that the City gets more control over what the development will look like rather than have it look similar to Kmart. What she envisions is a center that will have an interactive public plaza at its heart very much like the Grove where one can interact with their neighbors. D.B. has 60,000 residents and it is desperately lacking in -the selection of goods and services. D.B. needs better shopping options in D.B. and she is making it her priority to attract potential opportunities to open here in D.B. If D.B. is truly unable to attract commercial real estate the area could be rezoned for residential. So what JUNE 15, 2010 PAGE 19 CITY COUNCIL is there to lose by proceeding with the proposed Specific Plan? Economic Development has been a priority goal for D.B. for many years and now the City Council is presented with an opportunity to move a few steps forward toward that goal and this is an opportunity to start with a clean palate. Let us be forward thinking and not pass up this opportunity to reap the most benefit for all concerned out of all of the options. She has studied this at length and her option is to go with the option that benefits the most residents of D.B. MPT/Tye said he was pleased that C/Chang had a goal of attracting good retailers because this Council has tried for 21 years to do just that. She brought up the matter of sales tax revenue which he overlooked and what he would like to know what would work in 150,000 sq. ft. and how much sales tax revenue a grocery store or drug store would produce. The largest producers of sales tax revenue in the City are gas stations. So what would go there? Costco, Lowes, Home Depot or some other retailer and how would someone find a retailer at that location? Many commercial and retail entities have not made it in D.B. and he thinks the last thing D.B. needs is another strip mall or neighborhood center. C/Chang said she was not interested in another strip mall. She thought there were other retail options such as Whole Foods (55,000 sq. ft.) or Trader Joes. What does D.B. have to lose at this moment because she optimistically believes that the City can potentially attract a very nice shopping center. What does the City have to lose because the property could still be rezoned residential so where is the harm in attempting to move this plan forward. If it doesn't work out, rezone the property for residential. M/Herrera asked CM/DeStefano to respond to C/Chang. CM/DeStefano spoke about marketing the property for both residential and commercial purposes as proposed. If the marketing of the commercial is unsuccessful the project could then move to an all - residential mode. Since that might not be what the City Council approved, moving it to an all residential mode would require changes to the existing approved documents which would require a process similar to that which is occurring, i.e., possible amendments to the environmental documents depending on what the residential project is, sending the project through the process to the Planning Commission and then to the City Council. The short answer is that it is possible but there would be various steps along the way that would need to be undertaken and fully exhausted before the City would get to that point. C/Everett said he would not like to get stuck on the traditional comparisons of commercial versus residential but rather get creative. He asked anyone interested to come up with creative ideas and share them JUNE 15, 2010 PAGE 20 CITY COUNCIL with the Council. He suggested a 21't Century model based on the technology research for parks that many corporations and ' many cities have developed for decades which he believed would be very functional and stimulating. He suggested a possible headquarters for WVUSD which could include a child development center, professional and educational offices and meeting places that would all fit in a park setting with open and play space. The public could use the facility on weekends. In his vision it could be the best representation of a school district anywhere. It would be visible to the City which is a family city, fundamentally built on education so there could be some synergy there. Something of that nature with the aesthetics and appeal for an entry such as water fountains, water works with water flowing to create sound, visual and emotional aesthetics would be phenomenal. If staff could come back with something along those lines certainly that would be more of a decision that would involve the WVUSD and he would ask them to be innovative and join in because that could free up some land that may be much more attractive economically. C/Tanaka felt the most important thing the Council needed to do was to listen to the residents. As long as the public hearing process is still open Council should continue to listen and consider the alternatives. He reiterated that he had not heard or seen alternatives and would like to explore that issue before reaching a conclusion. M/Herrera asked if staff had clear direction. CM/DeStefano said that staff took copious notes and will refer to the meeting tapes and go back and digest Council comments. CA/Jenkins offered 'the following alternatives to the City Council. One which does not seem likely is for the City Council to close the Public Hearing and make a decision tonight. The second alternative would be to close the Public Hearing and continue it for purposes of getting answers to Council questions and then further deliberate and render a decision at a future meeting. The implications of that option are that the Council would not take any further testimony and would simply come back as a staff with answers to questions and responses to comments that were made by the public. The Council would have a chance to deliberate on what is in front of the City Council and make its decision. The third option is to keep the hearing open and then continue the item to a future meeting. At that future meeting staff would provide responses to comments that were made by the public and would provide answers to Council questions. The City Council would then reserve the opportunity to have more testimony. With respect to this option, the Council might wish to give some consideration now to whether it would simply reopen all testimony so that everyone who spoke tonight could come back and speak again and repeat everything that they said or, take testimony only from people who have not spoken tonight, or only take testimony that is responsive to or reactive to JUNE 15, 2010 PAGE 21 CITY COUNCIL staff's responses and answers to questions. The fourth option is raised by MPT/Tye's comments and that is if three members of the City Council have already decided that they would like this to be all residential then the City Council could remand this back to the Planning Commission for consideration of a one hundred percent residential project. If that is the direction the Council is going it will have to sooner or later remand it back to the Planning Commission so the efficient process would be to remand it back now; but only if the Council has a majority who are prepared to go in that direction. That is because under the governing statute any significant change to what is recommended to the City Council tonight that has not yet been considered fully by the Planning Commission needs to go back to that Commission. CDD/Gubman and he discussed this matter this afternoon and it is their collective feeling that a one hundred percent residential project was not fully considered by the Planning Commission. Following discussion, M/Herrera suggested that the Public Hearing be continued to July 20 wherein staff will come back with responses which will most likely be voiced prior to public input and then the public can comment on staffs responses including those who have spoken this evening. She asked for Council concurrence and Council unanimously concurred. M/Herrera moved, C/Everett seconded to continue the Public Hearing to July 20, 2010. Without objection, the motion was so ordered. 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Everett made general comments regarding events that recently took place. C/Tanaka reported that on May 29 he attended the American Cancer Society D.B. Relay for Life Survivor's Breakfast; the DBHS graduation; D.B. Chinese American Advocates Association 17th Annual Awards Ceremony; Eagle Scout Ceremony for Shaun McGuire, Troop 730; D.B. Chinese American Association's 20th Annual Gala and Fundraiser; Pantera Elementary School PTA Appreciation Tea; D.B. Tiny Tots Graduation; American Cancer Society's D.B. Relay for Life; Eagle Scout Ceremony for Chris Moncreif; and this evening a retirement event for Principal Denis Paul, DBHS. He asked that tonight's meeting be adjourned in his honor. C/Chang continues to post events she has attended online. She attended Armstrong Elementary and Diamond Point Elementary open houses; the League of California Cities Legislative Day; the Pantera Elementary Volunteer Appreciation Tea; the DB Relay for Life and Principal Denis Paul's retirement. JUNE 15, 2010 PAGE 22 CITY COUNCIL MPT/Tye said that in consideration of the late hour he wished everyone good night and God bless. M/Herrera wished Principal Denis Paul Good Luck and Godspeed on the event of his retirement. Principal Paul had a big impact on her son and touched many other lives. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council meeting at 10:10 p.m. in honor of retiring DBHS Principal Denis Paul. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of S. Agenda No,., 6.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 25, 2010 Chairman Torng called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: VC/Nolan led the Pledge of Allegiance. 1 ROLL CALL: Present: Commissioners Kwang Ho Lee, Steve Nelson, Jack Shah, Vice Chairman Kathy Nolan, and Chairman Tony Torng. Also present: Grace S. Lee, Senior Planner; T. Linh Ho Assistant City Attorney; David Alvarez, Assistant Planner; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of May 11, 2010. C/Shah moved, VC/Nolan seconded, to approve the Minutes of the Regular Meeting of May 11, 2010, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: Lee, Shah, VC/Nolan, Chair/Torng None Nelson None 7.1 Development Review No. PL 2010-11 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant requested approval to construct a new single-family residence of 8,870 square feet on a 58,806 MAY 25, 2010 PAGE 2 PLANNING COMMISSION square foot Rural Residential (RR) zoned parcel with a consistent underlying General Plan Land Use designation of RR. PROJECT ADDRESS: Lot 55, Derringer Lane (Tract 23483, APN 8713-034-029) Diamond Bar, CA 91765 Sumermal & Rajkumari Vardhan 320 Woodruff Walnut, CA 91789 APPLICANT: Pete Volbeda 180 N. Benson Avenue, Suite D Upland, CA 91786 AP/Alvarez presented staff's report and recommended Planning Commission approval of Development Review No. PL 2010-11, based on the Findings of Fact, subject to the conditions of approval as listed within the resolution. C/Shah asked if the site would be balanced using imported dirt and AP/Alvarez responded that the applicant would import 5,300 cubic yards to create a pad. Chair/Torng asked if the retaining wall met the height requirement. AP/Alvarez responded that there are three retaining walls; the two lower retaining walls are six feet high and the upper retaining wall is four feet high. There were no ex parte disclosures. Chair/Torng opened the public hearing. Pete Volbeda, Applicant, said he was pleased with staff's presentation. Although this site will have about 5,000 cubic yards of imported dirt, the property owner also owns the lot to the north which has excess dirt which will be moved to the proposed site so the two lots will be balanced. C/Shah asked if any dirt would be exported and Mr. Volbeda reiterated that there will be no export because the dirt will be balanced between the two lots. Mr. Volbeda responded to Chair/Torng that he read staff's report and concurred with staff's recommendations. MAY 25, 2010 PAGE 3 PLANNING COMMISSION Chair/Torng opened the public hearing. With no one present to speak on this item, Chair/Torng closed the public hearing. C/Lee moved, C/Shah seconded, to approve Development Review No. PL 2010-11, base on the Findings of Fact, subject to the conditions of approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review No. 2009-01 and Comprehensive Sign Program No. 2009-01 — Under the authority of Diamond Bar Municipal Code Section 22.48 and 22.36.060, the applicant requested approval for a fagade remodel and Comprehensive Sign Program for a 30,602 square foot existing commercial building on a 113,683 square foot (2.6 acre) Regional Commercial (C-3) zoned parcel with a consistent underlying General Plan Land Use designation of General Commercial (C). PROJECT ADDRESS: PROPERTY OWNER 1241 Grand Avenue Diamond Bar, CA 91765 A&J Sunset Village, LLC 10508 Wyton Drive Los Angeles, CA 90024 APPLICANT: Jeda Designs 140 East Santa Clarita Unit #13 Arcadia, CA 91006 SP/Lee presented staff's report and recommended Planning Commission approval of Development Review No. 2009-01 and Comprehensive Sign Program No. 2009-01, based on the Findings of Fact, subject to the conditions of approval as listed within the Resolution. C/Lee took exception with the proportion of the size of the building to the proposed height and wondered why staff would recommend approval of such a design. SP/Lee responded that initially staff was concerned about the MAY 25, 2010 PAGE 4 PLANNING COMMISSION appearance. Prior to three or four revisions, the original design was even more top heavy and staff suggested adding additional moldings on the parapet in an attempt to appear less top heavy. The reason the property owner wants this design is to have the higher tower to gain more visibility for the building due to the location behind the two-story building to the west. She suggested the applicant explain the reason for requesting the extra height of 10 feet. Staff tried as much as possible to mitigate the extra height and work with the architect. C/Lee said he believed that visibility was important but so too was appearance and if a building does not look good it might not serve its intended purpose of presenting a good impression. SP/Lee responded that staff agrees. C/Nelson asked how high the slope was leading to the residences on the east side in relationship to the increased height of the tower. SP/Lee said the building is definitely a lot lower than the residential buildings. C/Nelson said his point was that even after increasing the height from 25 to 35 feet, those towers still remain below the level of the back yards so their views will not be impeded and SP/Lee agreed. There were no ex parte disclosures. Susan Lamont, property manager, pointed out that the owner of the property is trying to work with tenants to improve the look of the center, enhance the visibility to ensure more foot traffic, generate more business, more sales, as well as lower rents to keep people in the center. C/Lee suggested the property owner utilize more parking spaces because the parking lot is always so congested. Ms. Lamont said there is no space for parking at the rear of the buildings. One of the big problems is that other centers are right up against this center and many people who work in the center park in the parking area. The owner tries to enforce the parking but it is very difficult and the owner cannot afford to have an onsite guard. The space in the back is an alley and drainage ditch and to try and open that area for parking would potentially cause a lot more problems. Chair/Torng opened the public hearing. With no one present who wished to speak on this item, Chair/Torng closed the public hearing. C/Shah moved, C/Nelson seconded, to approve Development Review No. 2009-01 and Comprehensive Sign Program No. 2009-02, based on the MAY 25) 2010 PAGE 5 PLANNING COMMISSION Findings of Fact, subject to the conditions of approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng None None 7.3 One -Year Time Extension'for Development Review 2007-06 — Under the authority of Diamond Bar Municipal Code Section 22.66.050, the applicant submitted a request for a one year extension of time to begin construction. The project was approved May 13, 2008, with a two (2) year timeframe to obtain building permits and begin construction. APPLICANT: 2502 Razzak Circle Diamond Bar, CA 91765 Wasif Siddique 11076 Venture Drive Mira Loma, CA 91752 Robert Larivee Award Winning Design 3109 Center Drive Santa Ana, CA92704 SP/Lee presented staff's report and recommended Planning Commission approval of a one-year time extension for Development Review 2007-06. Chair/Torng opened the public hearing. With no one present who wished to speak on this matter, Chair/Torng closed the public hearing. VC/Nolan moved, C/Shah seconded, to approve a one-year time extension for Development Review 2007-06. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nelson, Shah VC/Nolan, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None MAY 25, 2010 PAGE 6 PLANNING COMMISSION 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nelson said that he was forced to recuse himself from Site b deliberations presented at the last few meetings because the company he works for performed work for the Site D applicant. He kept up with the minutes and thought the Commission did an excellent job of listening to the public and separating fact from emotion and felt his colleagues should be proud of their decision moving forward.. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. SP/Lee referred the Commissioners to the list of pending projects in planning review and stated that at this time, there are no items scheduled for the June 8 meeting which may be canceled. SP/Lee stated that Site D Specific Plan is scheduled for Council discussion on June 15 and possible action on July 20. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 7:28 p.m. The foregoing minutes are hereby approved this 22nd day of June, 2010. Attest: Respectfully Submitted, Greg Gubma—n- Community Development Director Tony T o r n g, C h a i Mb - f Agenda No. 6.3 CITY • • BAR MINUTES OF THE PARKS & RECREATION COMMISSION THE GOVERNMENT CENTER HEARING BOARD ROOM DIAMOND BAR, CA • MAY 27. 2010 Chairman Grundy called the Parks and Recreation Commission meeting to order at 7:00 p.m. in the SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: P Present: Commissioner Herndon led the Pledge of Allegiance. Commissioner Roberto, Vice Dave Grundy. Lew Herndon, Benny Liang, Dave Chairman Ted Owens and Chairman Staff Present: Bob Rose, Community Services Director; Claude Bradley, Parks and Maintenance Supervisor; Christy Murphey, Recreation Supervisor; Lorry Meyer, Recreation Specialist, and Marcy Hilario, Senior Administrative Assistant. MATTERS FROM THE AUDIENCE: None Offered. Vll As presented in the agenda. CONSENT CALENDAR 1.1 Approval of Minutes for April 22, 2010 Regular Meeting. C/Roberto moved, C/Hemdon seconded, to approve the April 22, 2010 regular Meeting Minutes as amended. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS ABSTAIN: COMMISSIONERS ABSENT: COMMISSIONERS Herndon, Roberto, VC/Owens, Chair/Grundy None Liang None 19A 2.1.1 PowerPoint Presentation —Senior Programs — RS/Meyer MAY 27, 2010 PAGE 2 P&R COMMISSION 2.2 Parks Report — PMS/Bradley 2.2.1 Power Point Presentation — Sycamore Canyon Park Trail Phase IV — PMS/Bradley 2.3 CIP Projects Update — CSD/Rose 2.3.1 Washington Street Mini Park — CSD/Rose reported that the construction documents have been submitted for the first round plan check which generally takes about six weeks for completion. After the plan check is completed, the project will go out to bid. The City Council set the appropriation for construction at $510,000 which was approved in the budget on May 18. 2.3.2 Sycamore Canyon Park Trail — Phase IV — CSD/Rose stated that the consultant is still working on the construction documents. The next step is to design the retaining walls to make certain they meet the same criteria as in Phase Ill. This project should go out to bid by early summer with the 90 -day construction phase to commence no later than the beginning of fall. 2.3.3 Sycamore Canyon ADA — Restroom and Office Project — CSD/Rose reported that this project was completed on May 13 and a Notice of Completion was filed., The restrooms are now open for public use. 2.3.4 Silver Tip Mini -Park — CSD/Rose stated that the second neighborhood meeting will take place on June 12 at 10:00 a.m. at the site. Residents will comment on alternative plans and, if all goes well, the project will be presented to the Commission in June for consideration and recommendation to the City Council. 3. OLD BUSINESS: None 4. NEW BUSINESS: 4.1 Subcommittee Assignments Chair/Grundy. asked for consideration of additional subcommittees and asked that this matter be held over to the next Commission meeting for consideration. 4.2 Park Walkthroughs After some discussion by the Commission, the following schedule was agreed upon: C/Hemdon — Peterson and Ronald Reagan Parks C/Liang — Maple Hill and Heritage Parks MAY 27, 2010 PAGE 3 P&R COMMISSION C/Roberto — Sycamore Canyon Park Chair/Grundy — Pantera Park VC/Owens — Pantera and Maple Hill Parks Commissioners will be contacted with further details of dates and times. 5. ANNOUNCEMENTS: C/Liang expressed his positive feelings about the senior program. C/Roberto asked if the City participated in the W`\/USD 5K run/walk. CSD/Rose said that the only City involvement was by the Sheriff's Department. C/Roberto wondered if the City might do something to help the school district with the event in the future. C/Hemdon asked if there was any updated information available regarding the new City Hall purchase and/or the NFL stadium. CSD/Rose responded that the City has not yet opened escrow on the building, but would likely be in escrow in the next couple of weeks. The close of escrow is anticipated by August or September, with the move to take place about the first of July 2011, the next fiscal year. With respect to the stadium, CSD/Rose's understanding is that there will be no updates until after the next Super Bowl, 2011. VC/Owens thanked staff for maintaining the City's facilities in good fashion. He also asked about a senior excursion that he and his wife attended during the week and it was discovered that this was a senior club sponsored trip, not a City - offered trip. VC/Owens stated that he and his wife enjoyed the trip. Chair/Grundy shared that he appreciates all of the work staff does. He requested that the Commission receive a presentation on the building the City plans to purchase for the new City Hall when staff feels the time is right. ADJOURNMENT: C/Hemdon moved and VC/Owens seconded the motion to adjourn the meeting. With no further business before the Parks & Recreation Commission, Chair/Grundy adjourned the meeting at 7:45 p.m. The foregoing minutes are hereby approved this 24thdaV of June 72010. Respectfully Submitted, Isl Bob Rose Attest: /s/ Dave Grundy DAVE GRUNDY, CHAIRMAN Agenda No. 6.4 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING MAY 13, 2010 CALL TO ORDER: Chairman House called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Roorn, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Carrera led the Pledge of Allegiance. ROLL CALL: Commissioners Ted Carrera, Jimmy Lin, Kenneth Mok, Vice Chairman Liana Pincher and Chairman Kevin House Also Present: David Liu, Public Works Director; Rick Yee, Senior Civil Engineer; and Kimberly Molina, Associate Engineer 1. APPROVAL OF MINUTES: A. Minutes of the March 11, 2010 regular meeting. G/Lin moved, C/Carrera seconded, to approve the March 11, 2010 minutes. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Carrera, Lin, Mok, VC/Pincher, Chair/House NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 11. PUBLIC COMMENTS: None Offered Ill. ITEMS FROM STAFF: A. Received and Filed Traffic Enforcement Updates for: 1. Citations: February, March and April 2010 2. Collisions: February March and April 2010 3. Street Sweeping: February, March and April 2010 MAY 13, 2010 PAGE 2 T&T COMMISSION IV. OLD BUSINESS: None V. NEW BUSINESS: None VI. STATUS OF PREVIOUS ACTION ITEMS: None VII. ITEMS FROM COMMISSIONERS: C/Carrera commended staff on the City's 21't Birthday celebration and was excited to be part of this very successful event. He looks forward to many more birthdays. VC/Pincher asked if left turn signals exiting Vons and Kmart would be feasible because there seems to be a great deal of confusion at that crossing area. PWD/Liu said staff would investigate the matter and come back to the Commission with its recommendation. PWD/Liu asked if there was a specific time she noticed the problem. VC/Pincher indicated that when she visited Vons about 3:30 p.m., the area was very congested and busy. C/Lin asked if the City had implemented the Interconnect Traffic Signal System. SE/Yee said that prior to the implementation of the new software upgrade; the City was allowed only three different timing plans. The City was running a morning peak plan, a mid-day plan, and an evening peak plan. During the weekday evenings and all day on weekends, the signals generally run in free mode. With the installation of the new software, the City is able to run up to nine different timing plans which have not yet been fully implemented and utilized. There has been one traffic response plan developed for Golden Springs. The challenge is trying to fine tune and make certain the plan that was developed can be implemented and appropriately fine tuned. Until there is sufficient implementation, it is difficult to access the performance of a traffic response plan. C/Lin asked if the Caltrans signal systems at the SR -57/60 interchange is part of the City's system. SE/Yee responded that it is not. The majority of the Caltrans on/off ramp signals are not on the system. There are a few signal systems that D.B. has .agreements to control the timing, subject to approval by Caltrans. The signals are located as follows: Golden Springs and SR -60, Brea Canyon Road and SR -60, and Diamond Bar Boulevard and SR -57, Otherwise, the City has no control and very little input as to how Caltrans operates those systems. C/Lin stated there is a problem at Grand Avenue between the two signals at Golden Springs and the on-ramp. If those two signals could be coordinated, it would solve a lot of traffic congestion problems in the area. SE/Yee said it was interesting that C/Lin brought that up because over the past two years, the City has had on-going discussions with Caltrans about the possibility of matching cycle lengths. MAY 13, 2010 PAGE 3 T&T COMMISSION Chair/House said that sometimes he drives Diamond Bar Boulevard from the south end to the north end of town and sometimes he gets all red lights and sometimes he gets all green lights. He asked if the lights are synchronized in any way or if they are on timers. If some are synchronized, what happens in between to the ones that are not synchronized? SE/Yee responded that the entirety of Diamond Bar Boulevard is synchronized. When there is cross traffic waiting, the lights will change to red. Chair/House said he has been stopped at traffic lights with no cross traffic. SE/Yee explained that during the morning and evening peaks, if the volumes are at their expected level, one should be able to proceed through all green lights. Sometiryies, however, the volumes are so high; they tend to diminish the benefit of having all green lights. There could be a problem if one is encountering all red lights with nc side traffic. Chair/House said he would record the incidents and times. Chair/House asked if the cameras were being ng used during the time the signals were synchronized. SE/Yee responded that the cameras are used for monitoring and observation and certainly if the situation Chair/House is describing is in the view of the camera, it can be observed. However, since the cameras are used for monitoring purposes, they cannot be used to pan over to look at side streets. The detection is always working. As an example, the advanced loops will, on the occasion of enough traffic, extend certain phases of the intersection. PWD/Liu pointed out that if a pedestrian were to push the walk button, it would also interrupt or cause changes in the system as well. There are quite a few variables along any stretch of street. VIII. INFORMATIONAL ITEMS: A. Diamond Bar TMS/Traffic Signal Interconnect Links — Phase 11 — SE/Yee reported that the City finally has a schedule for installation of the closed circuit TVs. There are six CCTVs that will provide pan, tilt and zoom capabilities at six major intersections: three major intersections on Golden Springs and three major intersections along Diamond Bar Boulevard. L.A. County is subsidizing 50 percent of the cost of the cameras which are scheduled to be installed beginning the first of June with work expected to be completed within 30 working days. D.B.'s contract is bundled with several other surrounding cities with the County overseeing the entire project. The Traffic Signal Interconnect Links contract is complete and waiting to be closed out. Staff disputed some of the cost items and is waiting for those to be resolved before closing out the project. B Traffic Signal Battery Backup System Project — SE/Yee reported that the agenda includes exhibits that show the recently completed system locations for the five locations referred to at our last meeting. As of tonight, all twelve systems shown in the upper left hand corner of the exhibit are complete and operable. The ten locations shown at the bottom right corner are proposed for the next fiscal year under the 2010/2011 Fiscal Year CIP. MAY 13, 2010 PAGE 4 T&T COMMISSION C. Industry's Grand Avenue Bridge Widening/Interchange Project — ,SE/Yee stated that the traffic study report that was circulated in January 2010 was reviewed by the City's Traffic Engineer. He noted a number of deficiencies, some of which had to do with assumptions related to how the green time was allocated to different phases of some of the key intersections such as Grand Avenue and Golden Springs Drive. He also mentioned concerns related to the travel demand forecast. Staff met with the project team and communicated those concerns. We are waiting to hear further comments regarding the initial concerns. D. SR57/60 Feasibility Study — SE/Yee stated that Metro is awaiting comments from Caltrans in order to finalize the document. Staff has embarked on its own analysis regarding the "missing connectors and bypass roads" concept to verify the needs of potentially heeding the missed connectors. Staff feels there is a definite need regarding the missing connectors between the SR -57 south to the SR -60 east and SR -60 west to the SR -57 north. The City's consultant prepared a study that included a license plate study to verify where the vehicles are coming from and where they are going. During the peak hour, there are substantial traffic numbers that, if those were forecasted into the year' 2030 or 2035, would result in a significant need to have those connectors in place. PWD/Liu shared there is a sense of urgency in that the SR -71 and Mission is under construction and is a grade separation project. There are those, including Caltrans staff members, who feel that with those improvements and with the ultimate widening of the SR -71, between the 1-10 and SR- 60, most drivers in the region will prefer to use the SR -71 Freeway rather than the SR -57/60, which would divert a lot of traffic away from D.B. At this time, staff is attempting to establish baseline data prior to embarking on any kind of improvements. D.B. wants to establish baseline data to facilitate and aid future discussions. C/Lin asked what the volumes are and SE/Yee responded that during peak hours, under existing conditions, from westbound SR -60 to northbound SR -57 the a.m. count is 508 vehicles and the p.m. count is 479 vehicles. If those numbers were forecast to the year 2035, they would be 800 to 1000 respectively. These numbers assume the SR -71 improvements would not be in place. Assuming the SR -71 build -out improvements are in place, the 2035 numbers are in the range of 400-500 vehicles for the am/pm peak hours. E. Pathfinder Median Improvement Project — SE/Yee stated that this project involves removing the yellow Texas dots on Pathfinder Road, just east of the SR -57, and installing a raised landscaped median. The project was advertised and went to bid the end of April. The original engineer's estimate was slightly under $135,000 and the low bid was at just under $90,000. Construction will not commence until the school year summer break. Staff is in the process of verifying the contract and will likely award the contract at the next City Council meeting in June and begin construction by end of June/early July. MAY 13, 2010 PAGE 5 T&T COMMISSION F. Lemon Avenue On/Off Ramp I s Project — AE/Molina reported that over the last few months, the focus has been on the landscape design.. This involves completing the landscaping for the westbound on-ramp and eastbound on- ramp as well as proposed landscape for existing Brea Canyon eastbound on/off hook ramps that are proposed to be removed. Additionally, the aesthetic wall design for the retaining walls for the new on/off ramps was completed today and staff will submit the design to Caltrans for review. The design consultant indicated that they are on track to complete the 95 percent submittal to Caltrans by the end of May. G. Residential — Area 6 Slurry Seal Project — AE/Moliha stated this project is currently out to bid with bids due on May 27th. The engineer's estimate is $999,000. H. Chino Hills Parkway Street Rehab Project — AE/Molina reported that the design has been completed; however, the City is not moving forward with construction because of the potential for a second round of federal funds (American Recovery & Reinvestment Act also known as ARRA-2) that may be distributed to cities. The project is being postponed from moving forward with construction at this time so that we can be prepared with a "shovel -ready" project which will qualify for the funding if it is allocated. Staff will know if a second round of federal funds will be available by the end of the calendar year. Cleghorn Drive/Gold Nugget Avenue, Maple Hill Road, and Briar Creek Road/Decorah Road NTMP — AE/Molina stated that the Maple Hill neighborhood between Diamond Bar Boulevard and Mountain Laurel Way Phase I improvements (Watch your Speed sign) was implemented. Phase 11 implementation is awaiting a neighborhood petition in favor of the potential centerline and parking lane striping. Staff met with the contractor for a pre - construction meeting for the Cleghorn Drive/Gold Nugget Avenue and Maple Hill Road neighborhood last week. Construction is scheduled to commence the week of June 14th and the neighborhood will be notified. On April 27th the first meeting was held for the Briar Creek Road/Decorah Road neighborhood and approximately 10-12 residents were present. Staff received a lot of good input. The next step is to take the survey (speed and volume data). Once that data is received, staff will analyze the data and develop a concept for the second neighborhood meeting. J. FY 2010-2011 Draft CIP Budget (Attachment A) — PWD/Liu reported that at its recent Special meeting, the Planning Commission reviewed and found the proposed CIP to be in compliance with the City's General Plan. The CIP and budget will be presented to the City Council on Tuesday, May 18th. PWD/Liu reviewed the proposed CIP budget line by line and emphasized that, due to economic conditions, this was a difficult budget that had to be trimmed to the maximum to ensure that D.B. can continue to provide the expected services to its residents and continue to operate in a fiscally sound manner. MAY 13, 2010 PAGE 6 T&T COMMISSION Chair/House asked if the building' purchase was part of the CIP and PWD/Liu responded that the funds for the purchase would be taken from the General Fund reserve. IX. SCHEDULE OF FUTURE CITY EVENTS: As stated in the agenda. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/House adjourned the meeting at 8:03 p.m. The foregoing minutes are hereby approved thi's day of 2010. Respectfully, 54. id G. Liu, Secretary Agenda # 6, 5 Meeting Date: July 6, 2010 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man 6( TITLE: Ratification of Check Register dated June 9, 2010 through June 30, 2010 totaling $1,274,349.26. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $1,274,349.26 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated June 09, 2010 through June 30, 2010 for $1,274,349.26 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. Linda G. Magnuson Finance Director REVIEWED BY: Finance 5 -rector Assistant City Manager Attachments: Affidavit and Check Register — 06/09/10 through 06/30/10. The attached listings Ofdemands, invoices, and claims iOthe form OfBcheck register including checks dated June 9.2010through June 30.2010 has been audited and iG certified as accurate. Payments have been allowed from the following funds iDthese Description Amount General Fund $914,897.81 PropA-TnanoitFund 73.094.60 Int. Waste Mgt Fund 7.664.74 Traffic Improvement Fund 1.130.00 Air Quality Management Fund 59.555.63 Community DexBlock Grant Fund 1.940.69 LLAD3OFund 23.137.94 LLAO3QFund 16,535.27 LLAD41Fund 5.293.47 COBG-F|Fund 1.302.76 Capital Imp Projects Fund 98.164.29 Computer EqReplacement Fund 71.623.08 Signed: -D-ndaG. Magnuson Finance [}i[8CtD[ . 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O O O O N N N N N N N N N N N N N M z O 2 F N J � O z � N O U I¢5 S a z N Z° tw Z H N F- z N w U Z m N (� U O _ � Q = D (p E Z O Qw LL U Z Z a 9 Z > 0 g J > Q U J 0 U) � z z O t_n .> CO Z W U z O U > CO J � ti Z w_ x Q > CO Z cD iL - COLj O h O O N N Cl) Cl) M M M N M N M M N Cl) M N Cl) N M N CO O O O O O O O O O O O O O O O O CA O a) O m CA O CA CD m - O O O O O O O O O. O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N (p O 0 w 0 co CO CO CO CO CO CO - COLj CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: Treasurer's Statement — May 2010 RECOMMENDATION: Approve the May 2010 Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.6 Meeting Date: Jul. 6,2010 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. Linda G. Magnuson, Finance Director Department Head Attachments: Treasurer's Statement, Investment Portfolio Report Da Assistant City Mjnager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT May 31.201O SUMMARY OF CASH: DEMAND DEPOSITS CASH WITH FISCAL AGENT: GENERAL4CCOUNT PAYRDLLACCOUNT CHAN6EFUND PETTY CASH ACCOUNT TOTAL DEMAND DEPOSITS UDTREASURY Money Market Acct. LOCAL AGENCY INVESTMENT FD FED HOME LOAN BANK NOTES U8TREASURY Money Market Account TOTAL INVESTMENTS TOTAL CASH Nn74.73427 41,604.46 250.00 1,000.00 ($131.879.81) $593.807.81 84.115.764.01 6.000.000J0 295,145.08 Note: The City ofDiamond Bar ieinvested inthe State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24hours. |naddition, the City has started investing inlonger term investments. These investments are detailed onthe attached Investment Report. All investments are incompliance with the investment policy adopted bythe City ofDiamond Bar. The atkove summawy-Nrovides sufficient cash flow liquidity to meet the next six month's James DeSbefano.Tredaure/ GENERAL FUND $30,882,957.36 3,873,425.84 $1,084,886.07 $105,183.79 $33,776,680.92 COMMUNITY ORG SUPPORT FD (9,525.00) 150.00 (9,675.00) MEASURE R LOCAL RETURN FD 295,710.15 295,710.15 GAS TAX FUND (71,636.17) 68,898.26 (2,737.91) TRANSIT TX (PROP A) FD 110,290.50 154,217.26 119,472.53 145,035.23 TRANSIT TX (PROP C) FD 1,935,116.59 59,504.10 11,930.00 44,632.27 2,027,322.96 ISTEA Fund 677,580.20 677,580.20 INTEGRATED WASTE MGT FD 562,547.57 15,350.70 7,459.07 570,439.20 TRAFFIC IMPROVEMENT FUND 305,817.88 24,025.08 281,792.80 AB2928-TR CONGESTION RELIEF FD 49,271.20 49,271.20 AIR QUALITY IMPRVMNT FD 198,080.26 29,474.58 168,605.68 TRAILS & BIKEWAYS FD O�00 0.00 Prop 1 B Bond Fund 493,850.04 493,850.04 PARK FEES FD 307,641.11 307,641.11 PROP A - SAFE PARKS ACT FUND 21,716.79 21,715.79 PARK & FACILITIES DEVEL. FD 614,459.29 614,459.29 COM DEV BLOCK GRANT FD (46,988.37) 29,569.00 28,060.10 (45,479.47) CITIZENS OPT -PUBLIC SAFETY FD 139,871.28 24,773.36 2,436.95 162,207.69 NARCOTICS ASSET SEIZURE FD 364,311.55 364,311.55 CA LAW ENFORCEMENT EQUIP PRG 56,519.00 56,519.00 E BYRNE JUSTICE ASSIST GRANT 49,772.26 49,772.26 LANDSCAPE DIST #38 FD (79,338.10) 25,017.64 8,616.42 (62,936.88) LANDSCAPE DIST #39 FD (148,803.08) 18,565.53 5,148.14 (135,385.69) LANDSCAPE DIST #41 FD 24,355.25 11,790.45 1,198.60 34,947.10 ENERGY EFF & CNSVTN BLK GRT (80,893.27) 80,500.00 (393.27) CAP IMPROVEMENT PRJ FD (515,733.96) 226,992.83 (149,816.06) (892,542.85) SELF INSURANCE FUND 996,683.72 996,683.72 EQUIPMENT REPLACEMENT FUND 248,608.06 248,608.06 COMPUTER REPLACEMENT FUND 384,342.43 384,342.43 PUBLIC FINANCING AUTHORITY FUN 271,135.65 27,534.56 3,525.13 295,145.08 TOTALS $38,032,098.49 $4,394,114.70 $1,553,375.50 $0.00 $40,872,837.69 SUMMARY OF CASH: DEMAND DEPOSITS CASH WITH FISCAL AGENT: GENERAL4CCOUNT PAYRDLLACCOUNT CHAN6EFUND PETTY CASH ACCOUNT TOTAL DEMAND DEPOSITS UDTREASURY Money Market Acct. LOCAL AGENCY INVESTMENT FD FED HOME LOAN BANK NOTES U8TREASURY Money Market Account TOTAL INVESTMENTS TOTAL CASH Nn74.73427 41,604.46 250.00 1,000.00 ($131.879.81) $593.807.81 84.115.764.01 6.000.000J0 295,145.08 Note: The City ofDiamond Bar ieinvested inthe State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24hours. |naddition, the City has started investing inlonger term investments. These investments are detailed onthe attached Investment Report. All investments are incompliance with the investment policy adopted bythe City ofDiamond Bar. The atkove summawy-Nrovides sufficient cash flow liquidity to meet the next six month's James DeSbefano.Tredaure/ 41 w W'D 1 0 0 0 0 0 0 0 C) 0 LO 0 0 CD 0 N N d CO O q C! 7 N q N cq N N C\l N C, 0 0 0 0 0 O q O O 0 O 0 0 0 0 0 0 O r 0) (D t k O -,t (D 0 (T) CD C) C) 0 0 0 CO. O. 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E 0 > (D to 0 a) 0 nn V) 0 "0 0 om a) a) C: M 0 F- Cf) U) a) M a) > Lu C) 0 > > cl) 'Fa u) -5 Z E o)o o •E CL - co::) to c� - r- 0 co LO z C: U,) E = r- R 0 > ;� 2 a) 0 a) 0� '0 U- 0) 0 '0 a 0 Lcoo p.;. c� - m U_ < E 0 u) L :01 C: > Z>, a) E U) Q) - w -�5 0 *It (D o (D 0 N 0) a) n :t-- < > (V,)) 0 0 c < a) m u) O GID, LLI Gq CL Y) t OF -@ U) U) F- >1 rL a) w V, CL Q) 'a M �o a) 0) :3 •r (1) m 0 c E 0 0) I-- LL m A -�e U- cr .- -j F- 2 0 z U- C) U- CL CC) co 0 0 0 N 0 IS 0 Z3 (o 0 U) T) -I t: Y) < U) (a (D 'UO U) c 0 U UL CITY COUNCIL Agenda Meeting # Date 7/6/10 AGENDA REPORT TO: Honorable Mayor and Members ofthe City Council V|&: James De8tef8Oo.City Man TITLE: APPROVAL {}FAMEyJD01ENT#7�\]AGREEMENT WITH AND 1OFFICIALS TOEXTEND THE CONTRACT PERIOD TOJULY 1.2O1OTHROUGH JUNE 3O.2O11|NTHE AMOUNT NOT-TO-EXCEED$35.00O. RECOMMENDATION: Approve. FINANCIAL IMPACT: Costs for these services are included in the General Fund of the 2010/11 fiscalyear budget and through official fees. General Fund costs are recovered by the City through fees collected from program participants and team registrations, and official's fees are recovered by fees charged to adult teams at each game. BACKGROUND: The City Council awarded acontract toAnd 1Officials oOJuly 1.2008 to provide basketball officials for our year round adult basketball program and our winter youth basketball league. Section 2Ofthe contract allows the City Council to extend the contract oOgOannual basis ifdoing 8oia deemed to be in the best interest of the City. City Council approved Amendment #1 on June 16, 2009. Staff iS seeking City Council approval to extend the contract for the period of July 1, 2010 through June 30, 2011 in the amount not-tO-8XCeed$35.00O. DISCUSSION: City Recreation etaff estimates ototal of72Oparticipants inour year round adult basketball program and 400 p8rbdp8DtS in our winter youth basketball league. And 1 (]ffi[jolo has consistently provided quality officiating during the term of this COOt[8[t. And 1 {]ffiC\G|S is 8XtPenle|y prOf8SSiOD8{ and is very responsive iDfulfilling the needs 0fthe City. PREPARED BY: Christy Murphey, Recreation Superintendent REV El: B Community Services Director Attachments: Amendment #2 THIS AMENDMENT #2 TO SPORTS OFFICIALS SERVICE AGREEMENT is made this 6"' day of July, 2010 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and AND I OFFICIALS ("CONTRACTOR"). Recitals: a. CONTRACTOR entered into a 12 month AGREEMENT with CITY July 1, 2008 ("the AGREEMENT") to provide CIF Certified Basketball Officials for City programs. b. Parties agreed to Amendment #1 extending the term from July 1, 2009,through June 30, 2010. C. Parties desire'to amend the AGREEMENT to extend the term for an additional 12 months. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1— Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT from July 1, 2010 through June 30, 2011. Section 2 — Compensation provided in Section 3 of the AGREEMENT shall remain the amount not to exceed $35,000. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #2 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR AND I OFFICIALS A Municipal Corporation Of the State of California Contractor Signed Signed Carol Herrera Mayor Title City Attorney City Clerk CITY COUNCIL Agenda # 6.8 Meeting Date: 716110 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James D eStefano, City Man TITLE: APPROVAL OF AMENDMENT# TO AGREEMENT WITH TENNIS ANYONE TO EXTEND THE CONTRACT PERIOD TO JULY 1, 2010 THROUGH JUNE 30, 2011 IN THE AMOUNT OF $70,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds to pay for this contract come from revenue collected from participants who take tennis instruction classes in the City's Recreation Program. Total estimated revenue for the 2010/2011 Fiscal Year from tennis instruction is $102,000. From this amount, $70,000 is paid to the contractor and $32,000 is retained by the City. BACKGROUND: The City Council awarded a contract to Tennis Anyone on July 1, 2008 to provide tennis classes in Diamond Bar for the period of July 1, 2008 through June 30, 2009 in the amount of $65,000. Section 2 of the contract allows the City Council to extend the contract on an annual basis if doing so is deemed to be in the best interest of the City. City Council approved Amendment #1 on June 16, 2009. Staff is seeking City Council approval to extend the contract for the period of July 1, 2010 through June 30, 2011 in the amount not -to -exceed $70,000. DISCUSSION: City Recreation staff estimates a total of 900 participants will take lessons from Tennis Anyone during the 2010/2011 Fiscal Year. Tennis Anyone has consistently provided quality tennis instruction to the residents of Diamond Bar during the term of this contract. PREPARED BY: Christy Murphey, Recreation Superintendent Community Services Director Attachment: Amendment #2 to Tennis Instruction Service Agreement I I'll = 111TI = Illma-I• THIS AMENDMENT #2 TO TENNIS INSTRUCTION SERVICE AGREEMENT is made this 6th day of July, 2010 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and TENNIS ANYONE (CONTRACTOR). Recitals: a. CONTRACTOR entered into a 12 month AGREEMENT with CITY effective JULY 1, 2008 ("the AGREEMENT") for recreational tennis instruction. b. Parties agreed to Amendment #1 extending the term from July 1, 2009 through June 30, 2010. C. Parties desire to amend the AGREEMENT to extend the term for an additional 12 months. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT from July 1, 2010 through June 30, 2011. Section 2 — Compensation provided in Section 3 of the AGREEMENT is revised to an amount not -to -exceed $70,000 for the term of July 1, 2010 to June 30, 2011. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #2 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Carol Herrera Mayor TENNIS ANYONE Contractor Signed Title City Attorney City Clerk CITY COUNCIL Agenda # 6.9 Meeting Date: 7/6/10 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man 'R TITLE: AUTHORIZATION TO EXCEED HE CITY MANAGER'S PURCHASING AUTHORITY OF $25,000 TO EXTEND VENDOR SERVICES FOR SENIOR AND ADULT EXCURSIONS PROVIDED BY INLAND EMPIRE STAGES LIMITED, IN AN AMOUNT NOT -TO -EXCEED $70,000 FOR THE 2010/11 FISCAL YEAR. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds for these services are included in the General Fund and Proposition A (Transportation) Fund of the 2010/11 fiscal year budget. General Fund costs are recovered by the City through fees collected from program participants. BACKGROUND/DISCUSSION: Inland Empire Stages Limited provides excursion services for seniors and adults throughout the year. This includes the coordination of transportation on a luxury bus, entrance tickets and lunch or dinner for participants. Although each bus excursion conducted by the City of Diamond Bar is bid separately to several companies, Inland Empire Stages Limited has consistently been the low bidder on most trips for the past eight years. Staff expects this bidding pattern to continue in the 2010/11 Fiscal Year. City staff and trip participants report that even with the low prices, Inland Empire Stages Limited continues to be extremely professional, and is very responsive in fulfilling the needs of the City and its participants. Per the City's Purchasing Ordinance, an award for services to a single vendor in a fiscal year shall not exceed the City Manager's purchasing authority of $25,000 without prior approval from the City Council. Staff anticipates expenditures of $50,000 for senior excursions and $20,000 for adult excursions for the 2010/11 fiscal year, for a total estimated expenditure of $70,000. PREPARED BY: Christy Murphey, Recreation Superintendent Community Services Director CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda 6.10 MeetingDate: & ��I�~� 1��x�d�l�����J�-c,-u����� VIA: Jmrneg OeGtefano. Mana TITLE: Extension of GraffitiiRe oval Contract with Graffiti Control Systems for Fiscal Year 2O1O-11iOthe amount $03.4OO RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds for this contract are included within the adopted ��alYear 2O1O-11 On May 19. 1993. the City Council aVV8[d8d a contract to Graffiti CDOtn]| GV8teDlS for graffiti Fe[DUVa| in Diamond B8[. Section 31 of the specifications of the contract 8|lOVVg the City COUD[j\ to extend the COOtFoCt OO an annual basis if doing so is deemed to be in the best interest of the City. Since the original DoOt�ucontractwas awarded, the City COUO[j| has approved the 8DOU8| extension of the contract. In order to better serve the interests of the City and p[0Vdg 8 more aCCOUDt@b\e budgetary pPDC8Sa, e flet rate fee of $5,200 per month was initiated dVhDO FiGC@| Year 2008-09. This flat rate structure has proved to be cost-effective for the City, providing cost g8ViDge COOlpGned to the previous cost structure. Graffiti Control GySternS has requested to continue the flat rate structure of $5,200 per month, which will cover the costs for graffiti abatement regardless of the number of graffiti incidents each month. Staff is [eC0nlOO8DdiOg that the contract be extended for FY 2010-11 in the aDl0UDt not to exceed $82.400. This GDlOUOt ShOU|d be sufficient for required graffiti Pe[OoV8| services, plus 8dddjOD@\ as -needed VVO[k requested by the Public VV0[ka 0visiOO, Such as C|8Gn\Dg paint spills upon public streets. Graffiti Control Systems has proven that they can satisfactorily perform the specifications of the contract. Prepared by Community Development Director Attachments: 1. Letter OfAgreement Reviewe � t 0� David Doyre— Assistant City Manager G R A F F I T I CONTROL 5 Y 5 T E M 5 Stella Marquez Senior Adininistrat.ive ,Assistant 21825 Copley Drive Diamond Bar, CA 91765 7260 Atoll Avenue North Hollywood, CA 91605 818-764-2515 Fax: 816-764-2516 Dear Stella: This letter will serve as our notice to continue for another year on our graffiti contract with the City of Diamond Bar at the same contracted rate of $5,200 per month. i The only change is that we are now using theTAt1RS software and database to provide the City with reports and backup for assisting the Sheriffs department in the apprehension and prosecution of the vandals when caught. Should you have any questions please let me know. Thank you. I .leffrey Moods General Manager Carol Herrera Mayor Steve Tye Mayor Pro Tern Ling -Ling Chang Council Member Ron Everett Council Member Jack Tanaka Council Member Recycled paper June 16, 2010 21825 Copley Drive - Diamond Bar, CA 91765-4178 Graffiti Control Systems 7260 Atoll Avenue North Hollywood, CA 91606 Re: Graffiti Removal Contract (909) 839-7000 - Fax (909) 861-3117 www.CityofDiamond8ar.com This confirms your agreement with the City that in accordance with Section 31 of the specifications of our contract dated May 19, 1993, the City of Diamond Bar is interested in extending the Graffiti Removal Contract with Graffiti Control Systems from July 1, 2010, through June 30, 2011, for a flat rate fee of $5,200 per month. Total work for the fiscal year will be in an amount not to exceed $62,400. Upon approval of this contract extension by the Diamond Bar. City Council, a purchase order in the amount not to exceed $62,400 will be processed and forwarded to you. By signing below, the parties agree to the above terms. Carol Herrera, Mayor City of Diamond Bar Attest., City Clerk "iti Control Systems ved as to Form: ity Attorney Agenda # 6. 11 Meeting Date :July 6, 201 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: NOTICE OF COMPLETION FOR CLEGHORN DRIVE/GOLD NUGGET AVENUE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (NTMP)PROJECT. U5��:Uellk File a Notice of Completion. FINANCIAL IMPACT: There is no financial impact. BACKGROUND/DISCUSSION: The City Council awarded a construction contract to Premier Paving, Inc. on April 6, 2010 in an amount not to exceed $14,962 with a contingency amount of $1,500 for a total authorization amount of $16,462. The City authorized the Notice to Proceed for the construction project on June 14, 2010. Premier Paving, Inc. has completed all work required as part of this project in accordance with the specifications approved by the City. The traffic calming tools that were installed include speed cushions along Gold Nugget Avenue and Cleghorn Drive, as well as associated pavement legends and signage. Additionally, red curbing and stop signs were also installed to facilitate turning movements within the neighborhood. The final construction cost of the project is $14,962 which is below the total authorized budget. PREPARED BY: Kimberly Molina, Associate Engineer REVIEW 2BY: Davi i G. Liu . , Director of Public Works Attachments: Notice of Completion June 28, 2010 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21825 COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar --- 3. The full address of the owner is 21825 Copley Drive Diamond Bar CA 91765 4. The nature of the interest or estate of the owner is; "In fee" (If other than fee, strike "In fee" and insert, for example, "purchaser under contract of purchase;' or "lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants oras tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on June 18, 2010. The work done was: Cleghorn Drive/Gold Nugget Avenue Neighborhood Traffic Management Program (NTMP) Project along Cie ghorn Drive and Gold Nugget Avenue 7. The name of the contractor, if any, for such work of improvement was Premier Paving Inc. May 3, 2010 (If no contractor for work of improvement as a whole, insert "none") (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows Cleghorn Drive/Gold Nugget Avenue Neighborhood Traffic Management Program NTMP Project along Cleghorn Drive and Gold Nugget Avenue 9. The street address of said property is "none" (If no street address has been officially assigned, insert "none') CITY OF DIAMOND BAR Dated: Verification for Individual Owner Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the Director of Public Works the declarant of the foregoing (' resident of', "Manager of," "A partner of," "Owner of," etc.) notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 20 at Diamond Bar California. (Date of signature) (Citywheresigned) (Personal signature of the individual who is sweating that the contents of the notice of completion are true) Agenda # 6.12 Meeting Date Jul y 6, 2010 �.� ��;�;ri �;�; �►-moi -�" ;�,v;,��''"� L.1�` i�1.' • • TO: Honorable Mayor and. Members of Cit ouncil VIA: James DeStefano, City Manager TITLE: APPROVAL OF A LICENSE AGREEMENT WITH CLEAR WIRELESS, LLC, A NEVADA CORPORATION, (CLEARWIRE) TO CONSTRUCT A, WIRELESS COMMUNICATIONS SITE AT PETERSON PARK '' JL� Approve. FISCAL IMPACT: The City will receive a monthly payment of $1,500, for total annual revenue of $18,000. This figure is lower than the standard rate of $2,000 due to the fact that Clearwire's leased area is much smaller than other sites. BACKGROUND / DISCUSSION: Clearwire has approached the City with a request to develop a wireless communications site at Peterson Park, the location of an existing wireless antenna constructed by another carrier. The attached license agreement will provide Clearwire with approximately 49 square feet of space needed to co -locate on existing equipment. Co -location provides for maximized wireless coverage in Diamond Bar while limiting the equipment's footprint on park space. The license agreement has been reviewed and approved by the City Attorney. Upon approval of the agreement, Clearwire must submit plans for Planning Department review and approval and complete all required inspections as construction commences. Prepared by Ry cLean Assis ant to the City Manager Agenda 4 8.1 Meeting Date July 6, 2010 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manag TITLE: Appointments to the Wildlife Corrid r Conservation Authority (WCCA) RECOMMENDATION: Reappoint Mr. Davis as a WCCA Advisory Committee Member and appoint a new member to serve on the WCCA Advisory Committee. FINANCIAL SUMMARY: No Fiscal Impact. BACKGROUND: The City is a member of the Governing Board of The Wildlife Corridor Conservation Authority (WCCA) which was established to provide the proper planning, conservation, environmental protection and maintenance of lands within the Puente -Chino Hills corridor area. In addition to the Board, WCCA has an Advisory Committee that meets separately to provide input. Each member agency is eligible to appoint two members to the Advisory Committee. Recently, the City was informed that the terms of the City's current WCCA Advisory Committee Members Steven Davis and Rick Rogers will expire July 1, 2010. Both members are eligible for reappointment. Mr. Davis has indicated that he would be interested in reappointment. However, Mr. Rogers has indicated that he is unable to continue to represent the City on the Committee. The City announced the vacancy in the local newspaper and as a result received communications from two residents interested in being appointed to the Committee. In addition, Mr. Davis has communicated that he would like to be reappointed. Therefore it is recommended that the Council reappoint Mr. Davis and appoint an individual to the vacant seat. PREPARED BY: Tommy'eriUbbins, _City Clerk REVP--kVED 0() David Doyle, Asst. City Manager