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HomeMy WebLinkAbout10/16/2012City Council Agenda Tuesday, October 16, 2012 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Ling -Ling Chang Jack Tanaka Mayor Mayor Pro Tem Ron Everett Carol Herrera Steve Tye Council Member Council Member Council Member City Manager James DeStefano • City Attorney Michael Jenkins e 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 ll 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. CITY OF DIAMOND BAR CITY COUNCIL AGENDA October 16, 2012 CALL TO ORDER: PLEDGE OF ALLEGIANCE INVOCATION: ROLL CALL: APPROVAL OF AGENDA Next Resolution No. 2012-48 Next Ordinance No. 12(2012) 6:30 p.m. Mayor Cantor Paul Buch, Temple Beth Israel Council Members Everett, Herrera, Tye, Mayor Pro Tem Tanaka, Mayor Chang Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NEW BUSINESS OF THE MONTH: 1.1 Presentation of Certificate Plaque to Curry India Bistro, 2779 S Diamond Bar Boulevard as New Business of the Month, October, 2012. 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 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 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 21810 Copley Dr., Diamond Bar, California, during normal business hours. October 16, 2012 PAGE 2 when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — October 23, 2012 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Parks and Recreation Meeting — October 25, 2012 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Halloween Haunted House 3D — October 30 — 31, 2012 — 6:00 p.m. to 9:00 p.m., Heritage Park, 2900 S. Brea Canyon Road. 5.4 Fall Fun Festival — October 31, 2012 — 4:30 p.m. to 8:30 p.m., Heritage Park, 2900 S. Brea Canyon Road. 5.5 City Council Meeting — November 6, 2012 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of October 2, 2012 — Approve as submitted. (b) Regular Meeting of October 2, 2012 — Approve as submitted. 6.2 Parks and Recreation Commission Minutes — Regular Meeting of August 23, 2012 - Receive and File. 6.3 Ratification of Check Register — Dated September 27, 2012 through October 10, 2012 Totaling $1,525,272.55. Requested by: Finance Department 6.4 Approve Amendment No. 2 to the Memorandum of Understanding Between the City of Diamond Bar and the Los Angeles County Metropolitan Transportation Authority (MTA) for "State Route 60/1-emon Avenue Partial Interchange (On & Off Ramps) Construction" (Extending Timeline to 2014). Recommended Action: Approve. Requested by: Public Works Department October 16, 2012 PAGE 3 6.5 Authorize the City Manager to Enter into a Consulting Services Agreement with Josue Espino to Provide On -Site Planning Services for a Not -to -Exceed Cost of $40,000. Recommended Action: Authorize. Requested by: Community Development Department 6.6 Approve Authorization to Exceed the City Manager's Purchasing Authority of $25,000 to Extend Vendor Services with Dunn's Fence, Inc. for the Fencing and Concrete Curbing at the Dog Park in an Amount Not to Exceed $48,100 for the 2012/13 Fiscal Year, an Amount that Includes a 10% Contingency. Recommended Action: Authorize Requested by: Community Services Department 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 Fiscal Year 2012-13 Appropriation Adjustments for Carry Forward Expenditures, Capital Project Carryovers and First Quarter Adjustments. Recommended Action: Approve. Requested by: Finance Department 8.2 Ratification of Appointment to the Traffic and Transportation Commission for the Unexpired Term of Kevin House. Recommended Action: Ratify. Requested by: Councilmember Herrrera 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: AMENDED 6,1A CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION OCTOBER 2g 2012 STUDY SESSION: M/Chang called the Study Session to order at 5:30 p.m. in Room CC -8 of the South Coast Air Quality Management District, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members, Ron Everett, Carol Herrera, Steve Tye, Mayor Pro Tem Jack Tanaka and Mayor Ling -Ling Chang. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Dianna Honeywell, Finance Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Greg Gubman, Community Development Director; Ryan McLean, Assistant to the City Manager; Kimberly Young, Associate Engineer; Ken Desforges, IS Director; Marsha Roa, Public Information Manager, and Tommye Cribbins, City Clerk. PROJECTSR-60 FREEWAY]LEMON AVENUE PARTIAL DIAMOND lNTERCHANGE UPDATE •. • ® REGIONAL FREEWAY AND TRANSPORTATION PROJECT UPDATES AND PRESENTATION OF MAP -21 — PWD/Liu CM/DeStefano stated that it has been several months since staff updated the City Council on the City's Freeway project efforts. Tonight the City Council will receive a report on these pending items as well as, a report on a couple of projects that are occurring in Pomona and Brea areas and how MAP -21 signed by President Obama in July applies to the freeway confluence project. During tonight's regular meeting, staff will present a summary version under City Manager Reports and Recommendations for the public's information. AE/Young stated that the Partial Diamond Interchange will consist of a westbound onramp, an eastbound off ramp and eastbound onramp. Once the interchange is constructed the Brea Canyon hook ramps at Golden Springs will be removed; however, the existing westbound Brea Canyon on and off ramps will remain open. Since the April update, right-of-way coordination began with the State as lead on all right-of-way acquisitions and negotiations with affected property owners. The authorization to proceed was received in March and residents and commercial property owners were sent notice of derision for acquisitions and negotiations for partial property takings and temporary construction. Inspections were set up with the appraisers to determine fair - market value of properties. Once the appraisal amount was approved by the State the State had 30 days to present an "offer to purchase" to each of the property owners. Likewise, the property owners had 30 days to accept or deny the offer. In the event the owners reject or ignore the offer condemnation proceedings would begin. The right-of- way impacts that .will be imposed- are to seven private property partial takes, five residential rear yard and two commercial property slivers (the landscaped corner at the shopping center located at the northwest corner of Lemon Avenue and Golden Springs Drive and approximately nine parking spaces at LA Fitness). In addition to the property OCTOBER ;. 2012 PAGE CCSTUDY SESIO N partial takes there are 13 temporary construction easements which will be reverted back to the property owners once construction is completed. There are nine rear yard TCE's and four commercial property TCE slivers. The commercial property acquisitions have not been completed. Residential Parcels 1 through 4 are temporary construction easements only. Parcel 4 has accepted the State's offer and escrow has closed on that TCE. Parcels 5 through 9 are partial takes and have grade construction easements. Offers have been presented to Parcels 1, 5, 6, 7 and 8 and the owners have either ignored or denied the State's offer and are scheduled to go to the October CTC review at which time a resolution of necessity will need to be passed to begin condemnation proceedings. Property owners will have the opportunity to negotiate during the condemnation proceedings. Parcels 2, 3 and 9 have requested that the TCE lines be redrawn in an attempt to avoid impacts to certain property features — Parcel 2 — patio cover, Parcel 3 — pool and Parcel 9 — pool. Once the designers redraw the TCE's the appraisers will go back out to reappraise the property and present new offers to the property owners. In the event the owners do not accept the new offers they will be scheduled for the December CTC's. AENoung reported that the State's current estimated right-of-way budget is $2.23 million. The City of Industry has committed to pay the State 100 percent of the cost up- front and DB will obtain reimbursement to the City of Industry through the Federal SAFETEA-LU Funds (a reimbursement fund) after invoices are submitted to provide expenditure of funds up to $1.12 million and the remaining $1.1 million will be funded fully by the City of Industry. A Memorandum of Understanding which is on the City Council agenda for consideration this evening is to be executed between the City of Industry and DB to outline the reimbursement funds. The total project resources and budget include about $16 million in funds that includes $8.6 million in SAFETEA-LU Funds; $400,000 in Highway Safety Improvement Program funds; $2.3 in Metro Prop C and $4.9 from City of Industry. The current suggested cost for the project totaled $22.33 million and includes the Environmental Document and Design $2.78 million, Right -of -Way phase $2.23 million, Estimated Construction with 5% Contingency for $13.60 million, and Construction Management Costs of $3.72 million (Caltrans estimate). This leaves a project shortfall of $6.14 million which Industry has verbally committed to paying in the event that additional funding sources cannot be obtained through DB or Industry. Current Schedule is as follows: Flight -of -way phase: Projected completion in December 2013; Ready to List December 2013; Construction project to begin May 2014 with completion by the end of calendar year 2015. C/Herrera asked if staff had pursued funding from Caltrans for this project. PWD/Liu responded yes; but there is no funding source available from them. C/Herrera asked about Metro and PWD/Liu responded that this was one of the funding sources the City had obtained in the year just past. Currently, there is County participation, Federal Government participation, and City of Industry as a local funding resource. The State has no funding resources for this project and the only commitment they have made is for administrative support. OCTOBER 2, 2012 PAGE 3 CC STUDY SESSION PWD/Liu reported that the SR60/Grand Avenue Confluence Project is purposely designed to alleviate some of the weaving movements within the Grand Avenue segment of the interchange by building a series of bypass collector roads. As part of the funding strategy, this project has been developed into three phases: 1) Westbound SR -60 Slip Ramp; Phase II — Local Improvements at Grand Avenue and Golden Springs Drive and along street frontage to the Diamond Bar Golf Course; Phase III — Grand Avenue Bridge Widening, Bypass roads, and on/off ramp reconfiguration. Phase I is fully funded by the County as well as Industry's participation. Total cost is estimated at $16.5 million and to date, the Environmental Document has been certified, the plans and specs are currently being reviewed by Caltrans, right-of-way activities have commenced, and construction is scheduled to begin July 2013 and completed by the end of 2014. The channel replacement for this project has been completed. Phase 11 is fully funded between the County, Metro and City of Industry. The EIR approval is expected next year with construction scheduled to begin in 2014 and proceed through 2015. Estimated resource needs is at 615 million and Caltrans is conducting the administrative review of the Draft EIR. Phase III has yet to be finalized with respect to funding. The estimated cost is at $233.5 Million; however, in order to move the project forward, the City of Industry has committed to completing the EIR and design. Completion of this project will depend on funding sources and availability. This phase is expected to begin May 2015 and continue through 2017. There are other major components of the `Big Fix" for the SR57160 and staff would like for the City Council to continue to note that these major and missing components are critical to staffs ongoing efforts. There are missing connectors within the SR57 and SR60 such as the westbound SR60 bypass to Grand Avenue as well as, the carpool lane connectors from the SR57 to the SR60 and vice versa, at the north end of the interchange the carpool lane from the SR60 to the northbound SR57 and the reverse thereof. In order to complete these missing connectors an additional $1 million would be required. With respect to the City's next step, staff will continue to pursue funding options for the Project Study Report to further study the missing connectors and the westbound 60 to Grand Avenue. C/Herrera asked if staff knew what the Project Study would cost. PWD/Liu responded that it was estimated to cost between $300,000 and $500,000. If the study looked at missing connectors only the cost would be about $200,000. C/Herrera asked if DB would pay for the Study. PWD/Liu said it was not staff's plan. Staff is talking with other stakeholders. In fact, he and CM/DeStefano spoke with Doug Failing about a possible opportunity to work with the County as well as, Caltrans on the PSR. Mr. Failing said although he had nothing available at this time he mentioned that if Measure J (30 -year extension) gets approved by the voters in November there would be an opportunity for DB to work closely with Metro and Caltrans as well as, the City of Industry for funding the PSR. '�, ' (Il IME�S C./Herrera asked whether staff knew if the PSR would be eligible for funding under the Measure R extension. PWD/Liu responded yes, it would be eligible. If the City wants to look at that option it would need to start the PSR study now to see what the ultimate solution might be. C/Herrera said she was under the impression when this matter was discussed a couple of years ago that it was a compromise agreement and that the entire Big Fix would be $500-$900 million and that to go to Washington DC to obtain Federal Funding for that much money the City would have the door closed so the project was purposely scaled back to what was doable and that was the plan that was developed along with the City of Industry for the $233-$240 million. She wondered why the City was going to a big major plan. PWD/Liu explained that the plan had to match Metro's Transportation Plan. The SR57/60 improvements include all of the components, not just the Grand Avenue Confluence project. At this point, neither Metro nor Caltrans know what they need to do. They have indicated that within this region, there are two priority projects for them — the SR57160 and SR71. M/Chang said that trips to Washington, DC have been only for the primary project and not for the connectors which was a point of contention with the SCAG Regional Transportation Project because DB was pushing for the connectors and part of the argument was that no one wanted these connectors except for DB. Initially, the City advocated for the $233 million for Industry's supportive segment. C/Herrera agreed and said it was a compromised plan. Her question is that if DB pursues getting funding for the PSR and pursues for the missing connectors and the carpool lanes will that completely unravel what DB has been working on with the City of Industry for the past several years. CM/DeStefano responded no, not at all, because this discussion talks about years in the future that this will take and part of what DB will need to know and has wanted to know for awhile, is the impact the SR71 completion has on the discussion. Some members of Caltrans believe that the SR71 is the solution to the problem reducing the amount of traffic that moves from the SR57 to the SR60 and vice versa. DB is not so sure which goes back to the development of the PSR but this will not disrupt what is being done with the City of Industry, the lobbying efforts or the funding opportunities. This is so- called Phase IV that is years in the future. C/Herrera asked if the plan for these connectors will interface and overlay and be in perfect alignment with the first three phases. PWD/Liu said that staff has been working closely with Industry to make certain the funding is nailed down. After completion of all three phases, if DB continues to pursue the construction of any major components aforementioned, the engineers will make certain that it will all fit together. OCTOBER 2, 2012 PAGE 5 CC STUDY SESSION C/Herrera asked what DB's stand is on pursuing these connectors on its own if City of Industry does not want to pursue the plan? CM/DeStefano said that Caltrans likely has a higher priority and focus on the HOV connectors. After that it is a tossup and more likely the Grand Avenue piece and then the missing connectors. Caltrans probably has the least interest in the missing connectors. DB would be on its own and would have to find partners and prove that the resources that would be allocated to the missing connectors were the most appropriate use of the funds versus any other competing project. CM/DeStefano said he believed it would be tough because DB would be on its own. Pomona would not be interested in assisting and other cities up and down the SR 57 are not going to be interested because it is not on the "preferred" side of the street — it is not cargo leaving the ports going to Indiana, it's the empty trucks coming back. It does not mean that the City does not push forward and not try to gain partners and gain solutions as DB has on many things over the years. The wildcard is the San Jose Creek Wash Truck Lane project and whether it is a figment of SCAG's imagination in order to get their Air Quality Plan approved or Is it a project that is going to have life. It is a billions -of -dollars project and it effectively dumps onto the intersection of the SR57 and SR60. There is no discussion, no planning effort at all regarding how it will connect and -how it will then translate down the SR60 to the SR15. C/Herrera said that question will be answered by February/March 2013 by the SCAG Goods Movement Subcommittee which she was recently appointed to. One of the members requested more detail on the proposed truck lanes, where they will be located instead of just constantly talking about "it is somewhere within a 5 -mile swath along the alignment of SR60". SCAG responded that they would provide the subcommittee with the information. CMIf]eStefano said he did not believe there would be any level of detail that would inform DB, he felt it would be a< matter of the fundamental of whether or not it is the creek or some other parallel route but the actual details would be years away. PWD/Liu reported that the SR71 Freeway Gap Closure is really a widening project to the existing four -lane expressway by adding additional mixed flow and carpool lanes in each direction between the SR10 and SR60. The project has been divided into two segments — the first being the segment (approximately 1.7 miles) between Interstate 10 to Mission Boulevard and the second being Mission Boulevard to Rio Rancho Road. near the SR60 (about 2.6 miles). In order to facilitate this project and accelerate delivery of these improvements Metro will advance this project by funding the project e;c-�:;&--as part of the Highway Goods Movement public/private partnership bundle/package. If the project begins in 2014 it is estimated it will be completed in 2018-2019. The first segment is estimated to cost $115 million and the second segment $330 million. Metro believes it can accomplish this under P-3 and of course Pomona is very excited about this strategy. At the same time DB needs to watch this project very closely to determine whether this project will actually help to eliminate cut -through traffic on DB streets. OCTOBER 2,2012 PAGE 6 CC STUDY SESSION PWD/Liu indicated that another project important to Orange County is the SR57 Truck Climbing Lane between Lambert Road to the Orange County/LA County line. This high priority highway project is part of the Orange County Goods Movement Policy as well as the SCAG Multi -County Goods Movement Action Plan. The project is considered a pilot project by Orange County with an estimated cost 'of $155 million and will add a northbound truck lane for approximately two miles in addition to the four (4) general purpose lanes and one (1) carpool lane. The stated goals are that this will help Orange County improve truck travel speed, reduce congestion, increase mobility and improve safety. Currently, this project is in the process of completing a Draft EIR and construction is tentatively scheduled to start in 2028. DB knows there have been ongoing efforts to accelerate this project to much sooner than 2028. DB learned that according to OCTA, truck traffic is very, very considerable. In 2000 northbound vehicular traffic was over 110,000 daily vehicles with 22,000 of that number being truck traffic. Projecting to 2020, the daily traffic will be 280,000, 40,000 of which will be truck traffic coming from Lambert toward DB. Unfortunately, Metro does not have this project in their long-range transportation plan. PWD/Liu reported on MAP -21 (Moving Ahead for Progress in the 215{ Century Act) which was signed into law by President Obama on July 6, 2012, which establishes a National Freight Policy and calls for the establishment of a National Freight Network consisting of three (3) components: A primary Freight Network (PFN), Interstate System, and critical rural freight corridors and provides over $105 billion for FY 2013- 2014. What is important is that MAP -21 contains specific provisions for a national freight policy and funding. He explained the details of the program using a slide presentation. When it comes to MAP -21 provisions, the Federal DOT has until October 2013 to come up with the networking system. The two-year bill will expire October 1, 2014 so the City needs to make sure that the House and Senate are willing to commit more resources to establish the $2 billion investment for the freight transportation infrastructure for FY 2015. C/Herrera asked how staff defines "freight transportation". PWD/Liu responded tfa- - mails and highways. C/Herrera said that if DB wants the SR57/60 to be included it means DB has to accept truck lanes in some fashion as a possibility and that is what DB is agreeing to in order to get part of the $2 billion. PWD/Liu said that C/Herrera was correct and one of the questions staff asked Metro yesterday was whether they felt the SR60 was the appropriate corridor and they said they felt that the SR60 was the correct corridor for the freight system. C/Herrera said the reality is that trucks are traveling more heavily on the SR60 because it is a more level corridor than the 10 freeway where they have difficulty climbing Kellogg Hill. OCTOBER 2, 2012 PAGE 7 CC STUDY SESS�ON PWD/Liu concluded that staff would continue to monitor all projects that would affect DB and the surrounding area. Public Comments: None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Chang adjourned the Study Session at 6.22 p.m. to the Regular City Council Meeting. T OMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of 2012. Ling -Ling Chang, Mayor AMENDED 6.1B MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 2, 2012 STUDY SESSION: 5:30 p.m., Room CC -8, SCAQMD, 21865 Copley Drive, Diamond Bar, CA. ® SR60 Freeway/Lemon Avenue Partial Diamond Interchange Project Update Regional Freeway and Transportation Project Updates and Presentation of MAP 21 CALL TO ORDER: Mayor Ling -Ling Chang called the Regular City Council meeting to order at 6:33 p.m. in the SCAQMD Main Auditorium, 21865 Copley Drive, Diamond Bar, CA. CM/DeStefano reported that during tonight's Study Session that began at 5:30 p.m. Public Work's staff provided the Council with an update on several freeway projects as well as, some of the provisions relevant to the upcoming SR57/60 Confluence Project "Big Fix" provided in the recent MAP -21 legislation signed by President Obama in July. Under "City Manager Reports and Recommendations" PWD/Liu will provide a synopsis of the discussion. No actions were taken on the items. PLEDGE OF ALLEGIANCE: Council Member Carol Herrera led the Pledge of Allegiance. INVOCATION: Pastor Bob Stebe, Northminster Presbyterian Church, gave the invocation. ROLL CALL: Council Members Ron Everett, Carol Herrera, Steve Tye, Mayor Pro Tem Jack Tanaka and Mayor Ling -Ling Chang. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Dianna Honeywell, Finance Director; David Liu, Public Works Director; Greg Gubman, Community Development Director; Bob Rose, Community Services Director; Ken Desforges, IS Director; Ryan McLean, Assistant to the City Manager; Kimberly Young, Associate Engineer; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. APPROVALr presented. 1 . SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Chang and the City Council presented a City Tile to Captain Halm who accepted on behalf of the Los Angeles County Sheriff's Department Diamond BarMlalnut Sub -Station on the occasion of its 25th Anniversary. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano stated that during tonight's study session staff provided an update on the SR60 projects that are underway which include: the Lemon Avenue OCTOBER 2, 2012 PAGE 2 CITY COUNCIL Interchange, the Confluence Project (SR57/60 crossover) as well as bringing the City Council up to speed on a couple of area projects that will impact DB positively when concluded (the Pomona SR71 project and the Truck Climbing Lane project on northbound SR57 a few years from now). Staff also provided the City Council with a briefing on the MAP -21 provisions that were enacted by the President's signature in July. At this time, staff will present an overview for the public. fr. 1 Updates of Regional Freeway and Transportation Projects; Presentation of the Freight Provision of MAP -21 — PWD/Liu. AE/Young stated that the SR60/1-emon Avenue Partial Interchange Project consists of a westbound onramp, eastbound off ramp and eastbound onramp. A westbound off ramp was not pursued due to the extent of right- of-way impacts that would have been incurred to construct the ramp. Once the partial Diamond Interchange is constructed the existing Brea Canyon eastbound on and off ramp (hook ramps) will be permanently closed; however, the existing westbound on and off ramp at Brea Canyon Road will remain open. The authorization to proceed with the right-of-way acquisitions was issued by the State in March 2012 and the residential/commercial property, owners that will be impacted by this project have been sent a Notice of Decision to Appraise from the State. Appraisals are currently underway for seven private property partial takes, five residential and two commercial properties, as well as, 13 temporary construction easements for nine residential and four commercial properties. The temporary construction easements will be fully reverted back to each property owner upon completion of construction. Once an appraisal price for each of these partial takes and TCE's is approved by the State it will have 30 -days to present the offer to purchase to each of the owners and in turn, the owners will have 30 -days to either accept or deny the offer. In the event the owners reject or ignore the offer, condemnation proceedings will commence. However, each owner is given the right to negotiate with the State for the duration of the condemnation proceedings. The total right-of-way phase of the budget is estimated at approximately $2.23 million and the City of Industry has committed to paying the State 100 percent of the cost upfront and will in turn be reimbursed with the Federal SAFETEA-LU funds that DB has earmarked for the project. The Federal SAFETEA-LU reimbursement is estimated at $1.12 million. DB and Industry will have to execute a Memorandum of Understanding to outline the reimbursement terms that DB will pay to Industry (Agenda Item 6.5). The total project resources that have been attained to date are $16.19 million which includes $8.6 million in SAFETEA-LU Funds; $400,000 in Highway Safety Improvement Program funds; $2.3 million in Metro Prop C funds. In addition, Industry has committed upfront a total of $4.9 million toward this project. The current suggested cost for the project totaled $22.33 million and includes the Environmental Document and Design phase, Right -of -Way phase, OCTOBER 2, 2012 PAGE 3 CITY COUNCIL Estimated Construction with 5 percent Contingency, and Construction Management Costs which will leave an approximate project shortfall of $6.14 million which Industry has verbally committed to paying in the event that additional funds cannot be obtained through other means. Current Schedule for the project is as follows: Right-of-way phase - Projected completion in December 2013; Ready to List December 2013 for construction; Construction project to begin May 2014 with a projected completion by the end of calendar year 2015. PWD/Liu reported that the SR60/Grand Avenue Confluence Project is purposely designed to alleviate some of the weaving movements within the Grand Avenue segment of the interchange by building a series of bypass collector roads. As part of the funding strategy, this project has been developed into three phases: 1) Westbound SR -60 Slip Ramp at Grand Avenue; Phase II — Local Improvements at Grand Avenue and Golden Springs Drive and along street frontage to the Diamond Bar Golf Course; Phase III — Grand Avenue Bridge Widening, Bypass roads, and on/off ramp reconfiguration. Phase I is fully funded by the County as well as Industry's participation. Total cost is estimated at $16.5 million and to date, the Environmental Document has been certified, the plans and specs are currently being reviewed by Caltrans, right-of-way activities have commenced, and construction is scheduled to begin July 2013 and completed by the end of 2014. The channel replacement for this project has been completed. Phase II is fully funded by and between the County and City of Industry. The EIR approval is expected next year with construction scheduled to begin in 2014 and proceed through 2015. Estimated resource needs is at $5G-15 million and Caltrans is conducting the administrative review of the Draft EIR. Phase III has yet to be finalized with respect to funding. The estimated cost is at $233.5 Million; however, in order to move the project forward, the City of Industry has committed to completing the EIR and design in 2014. Completion of this project will depend on funding sources and availability. This phase is expected to begin May 2015 and continue through 2017. PWD/Liu stated that beyond these three phases there are other major components of the "Big Fix" for the SR57160 and those major and missing components will require further studies and resources. Staff will continue to pursue other funding options for the project study report in order to study the missing components along this important interchange and will also continue to coordinate with Industry as well as, other stakeholders to continue pursuing any local, state and federal grants or funding opportunities to finance Phase III. PWD/Liu further stated that the SR71 Freeway Gap Closure between the SR10 and SR60 is a widening project that will widen the existing four -lane expressway by adding a mixed flow and a carpool lane in each direction between the SR10 and SR60. The project has been divided into two OCTOBER 2, 2012 PAGE 4 CITY COUNCIL segments - the first being the segment between Interstate 10 to Mission Boulevard (approximately 1.7 miles) and the second being Mission Boulevard to Rio Rancho Road near the SR60 (about 2.6 miles). The first segment is estimated to cost $115 million and the second segment $330 million. To save costs and to accelerate delivery of these improvements, Metro, working closely with Pomona has bundled this with five other highway projects as part of the County's Highway Goods Movement Public/Private Partnership Bundle (package}_ kWasure R will be one of the county's major funding sources together with anticipated private funding sources which will accelerate the improvements. PWD/Liu indicated that another project important to Orange County is the SR57 Truck Climbing Lane between Lambert Road to the Orange County/LA County line. This project is part of the Orange County Goods Movement Policy as well as the SCAG Multi -County Goods Movement Action Plan and is considered a high priority highway project by Orange County with an estimated cost of $155 million and will add a northbound truck lane for approximately two miles in addition to the four (4) general purpose lanes and one (1) carpool lane. The stated goals are that this will help Orange County improve truck travel speed, reduce congestion, increase mobility and improve safety. Currently, this project is in the process of completing a Draft EIR and construction is tentatively scheduled to start in 2028. DB knows there have been ongoing efforts to accelerate this project to 10 years sooner. PWD/Liu reported on MAP -21 (Moving Ahead for Progress in the 21St Century Act) which was signed into law by President Obama on July 6, 2012 establishes a National Freight Policy and calls for the establishment of a National Freight Network consisting of three (3) components: A primary Freight Network (PFN), Interstate System, and critical rural freight corridors and provides over $105 billion for FY 2013 and -2014. MAP -21 contains specific provisions for a national freight policy and funding. The program establishes a national freight policy that requires the US Department of Transportation to establish a national freight network in order to assist states in directing their resources toward goods movement. The national freight network will consist of three main components: 1) Primary freight network; 2) Any portion of the interstate not designated as part of the primary freight network; and, 3) Critical rural freight corridors. The DOT has until October 2013 to designate the primary freight networking system which may contain a maximum of 27,000 centerline miles of existing highways or roadways that are most critical to goods movement and the DOT may also add to the primary freight network up to 3,000 additional centerline miles of road and finally, the states will designate the critical rule -of -rural freight corridors using criteria contained in MAP -21. Within three years of enactment of MAP -21 DOT is also required to develop a National Freight Strategic Plan in consultation with states and other stakeholders. This plan is required to be updated every OCTOBER 2, 2012 PAGE 5 CITY COUNCIL five years. MAP -21 also authorizes $500 million through FY 2013 appropriations for projects of both national and regional significance. The eligible projects and applicants are a State DOT, a tribal government, a transit agency or a multi -jurisdictional group. Congressional approval is required of any of these eligible projects and prior to any funding commitment or obligation, the DOT is required to submit a report that describes the reasoning for project selection te-to the Transportation and Infrastructure Committee b-6�d "house a ! nd—^` ti-t4e Ge;;,, , as well as the Ssenate_ Eenvironment and Epublic Wworks Csommittees. Within two years of enactment of MAP -21 the DOT is required to submit a report to include a comprehensive list of each project of national and regional significance that has been compiled through a survey of State DOT's. Under the funding provisions of MAP -21 the Federal DOT may increase the Federal share to 95 percent for projects on the interstate system and 90 percent for any projects if the DOT certifies that these projects meet the requirements. Eligible projects include construction to rehab of any goods movement highways, intelligent transportation systems as well as, any environmental impacts caused by freight movement. DB needs to work closely with its stakeholders at the State and Federal levels. Staff will continue to monitor and track the MAP - 21 because staff knows that this Act will expire on October 1, 2014 and - contains only $500 million which is very inadequate for the overall freight transportation infrastructure. The City hopes that within the next reauthorization the next extension on the bill will have at least $2 billion for the freight transportation improvements. 3. PUBLIC COMMENTS: None Offered. 4. RESPONSE TO PUBLIC COMMENTS: None 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting – October 9, 2012 – 7:00 p.m., Windmill Community Room, Diamond Bar City Hall, 21810 Copley Drive. 5.2 Traffic and Transportation Commission Meeting – October 11, 2012 – 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting – October 16, 2012 – 6:30 p.m., SCAQMD Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Tye moved, C/Herrera seconded, to approve the Consent Calendar as presented. Without objection, the motion was so ordered. 6.1 CITY COUNCIL MINUTES - Regular Meeting of September 18, 2012 – approved as Amended. OCTOBER 2, 2012 PAGE 6 CITY COUNCIL 6.2 RATIFIED CHECK REGISTER Dated September 13, 2012 through September 26, 2012 totaling $767,715.20. 6.3 APPROVED TREASURER'S STATEMENT — Month of August 2012. 6.4 APPROVED NOTICE OF COMPLETION FOR THE COPLEY DRIVE BUS STOP RELOCATION PROJECT. 6.5 APPROVED MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CITY OF INDUSTRY FOR THE RIGHT-OF-WAY ACTIVITIES FOR THE CONSTRUCTION OF A NEW FREEWAY INTERCHANGE AT LEMON AVENUE ON STATE ROUTE 60. 6.6 ADOPTED RESOLUTION NO. 2012-46: APPROVING THE APPLICATION FOR $158,646 OF LAND AND WATER CONSERVATION GRANT FUNDS WHICH, IF AWARDED, REQUIRES A $158,646 MATCH FROM THE CITY, FOR DEVELOPMENT OF PETERSON PARK TRAIL. 6.7 ACCEPTED RESIGNATION OF KEVIN HOUSE AS A MEMBER OF THE TRAFFIC AND TRANSPORTATION COMMISSION AND DIRECTED THE CITY CLERK TO ADVERTISE TO FILL THE UNEXPIRED TERM. 6.8 ADOPTED RESOLUTION NO. 2012-47: APPROVING FINAL PARCEL MAP NO. 71362, FOR THE SUBDIVISION OF AN EXISTING 3.07 ACRE VACANT LOT INTO TWO (2) SINGLE FAMILY RESIDENTIAL LOTS LOCATED AT 2127 DERRINGER LANE (APN 8713-034-030); AUTHORIZED THE MAYOR TO EXECUTE A SUBDIVISION AGREEMENT AND DIRECTED THE CITY CLERK TO PROCESS THE FINAL MAP. 8. COUNCIL CONSIDERATION: N. - • COUNCIL SUBCOMMITTEEREPORTS t MEETING ATTENDANCE REPORTSICOUNCIL MEMBER COMMENTS: C/Tye reported that it was great to get together with neighbors and colleagues to celebrate 25 -years of service by the DBMlalnut Sheriff's Station. The City appreciates their efforts and as Captain Haim stated, "since we've been incorporated, they have been our police department". They do a great job and keep us safe and attend to the needs of the community. Congratulations on 25 years and DB looks forward to many, many more. It was a privilege for him to attend the celebration lunch along with C/Everett honoring Jack and Wanda Tanaka as the Lions of the Year with the caveat that it is for the entire world. interesting during the presentation that there was some question about naming a OCTOBER 2, 2012 PAGE 7 CITY COUNCIL couple and not an individual as "Lion of the Year" and when it was pointed out to them that Jack and Wanda are inextricably linked and when you get one you get both and they do a great job together and it was great to be a part of the celebration of their service over so many years. He loved the way President Brian Quan put it — "this award was not given to Jack and Wanda, it was earned". They were recognized for their years of service and the untold hours of volunteer efforts making a difference in DB and in everything they touch on behalf of the Lions in this neighborhood, around the State and obviously around the world if they are "Lions of the World". Congratulations to Jack and Wanda! It is sad to note that tonight this meeting will be adjourned in memory of Cathy Johnson. Steve and Cathy have been longtime residents and Cathy was lost about a week ago and thoughts and prayers go out to Steve and his family. C/Herrera thanked Kevin House for serving as her Traffic and Transportation Commissioner for the last five years or so. Due to work constraints he finds it necessary to resign. She thanked him for his service and dedication to the City. This presents a vacancy for her to appoint a replacement and anyone who is interested in serving on the advisory commission, please contact her. The public heard a presentation tonight about the SR57/60 Freeway Interchange Improvements that DB has been working on for a number of years. DB has been very focused on transportation issues. Two major freeways dissect the City and DB is very, very affected by what happens on the freeways. It is very consuming and arduous to get improvements because DB does not control the freeways so it takes a great deal of time and effort to pursue improvements, as well as a great deal of money. She spends much of her time on transportation issues and is pleased to have been appointed to the SCAG Goods Movements Subcommittee. In the past, DB has talked about proposed truck lanes that it was opposed to that were proposed to be located either on the center median of the SR60 or on the San Jose Creek which runs parallel to the SR60. Either way, DB would be very much adversely affected and the City is monitoring those plans very closely. She is pleased to have been appointed to the subcommittee which will be discussing in more detail where exactly these truck lanes will be. She believes everyone recognizes and acknowledges that there are a tremendous number of trucks that travel the SR60. She will be bringing updates back to the community in the future. This subcommittee will be active between now and March 2013. She is the City's representative for Foothill Transit and there has been discussion about a proposed Park `n Ride structure that Foothill Transit has agreed to build. It will be located at the current Caltrans Park 'n Ride on Diamond Bar Boulevard, on the larger lot where the trailer is located. At the Foothill Transit Board Meeting of last Friday Foothill Transit agreed to transfer $1 million into the DB Park `n Ride Project Fund for additional Environmental Impact Reports. The project is moving forward and will necessitate the City reaching an agreement with Caltrans on the transfer of property and then Foothill Transit will construct the facility. Commuters who have been unable to find parking at the Park 'n Ride and were forced to find parking at other locations such as Kmart and residential neighborhoods will now have a structure in which to park which is a good thing and which will take more cars off of the freeways and improve air OCTOBER 2. 2012 PAGE 8 CITY COUNCIL quality for DB. C/Herrera reported that Monsignor Jim Loughnane, Pastor of St. Denis Church, has suffered recent health problems. On September 24 he found it necessary to have a pacemaker installed. Within a couple of days of the surgery, he was experiencing blockage and on September 28 he had to have quadruple bypass surgery. He is doing remarkably well and is up and walking to the doctor's amazement. Monsignor Jim comes to Council Meetings often to give the invocation. DB appreciates his dedication to the City and to the Council Meetings as being someone the City can always count on. Everyone wishes him well and a speedy recovery. C/Everett spoke about his participation in an Open Space workshop in the San Dimas Council Chambers along with staff members. The workshop was started in 2003 with Congressional Representatives Hilda Solis and David Drier and has been understudied by the National Parks Service study group. The final report is available online and it is most interesting because it covers thousands of acres in the San Gabriel Mountains and in the watershed that emanates from that. One of the aspects of this is to determine if there is a national significance to this area and defining it appropriately and whether it needs to be coordinated in any way with a national recreation area. He encouraged everyone to look at the study. Later that morning he attended a Power Lunch Series with the Regional Chamber of Commerce. He encouraged businesses to look at the agenda for the San Gabriel Valley Chamber of Commerce which meets at the local Holiday Inn. Chuck Bennett, IT Forensics Specialist, talked about "Nothing Private in Technology". Friday of that week there was a big celebration at CalPoly and he was privileged to represent the City at the Ribbon -Cutting of their $38 million business administration complex, three very beautiful and functional buildings. Senator Huff and other local leaders attended. The Provost (Senior Academic Officer) told him that CalPoly has some of its very best students from DB at attending CalPoly Pomona. C/Everett also attended an interesting Ribbon - Cutting for the Chamber of Commerce on Thursday, September 27 for American Integrated Medicines and Aesthetics Center, a business located at 21671 Gateway Center. It was a real treat for him to attend a special Parks and Recreation Commission meeting during which 91 Volunteens were recognized. Lastly, C/Everett wished everyone to Enjoy the Holiday Season coming up. MPT/Tanaka reported on his attendance at events during the past couple of weeks including the Princess Tea at the library. He thanked Miss Diamond Bar and her court for providing photos with all of the young women in attendance. There were games and activities and lots of refreshments. He thanked the City and his colleagues, family and friends for helong him and Wanda celebrate the Lion of the Year award that was presented to them by Lions Club International. On Wednesday evening the Diamond Bar Seniors held an Italiano Dance and Dinner. He attended the Grand Opening and Ribbon Cutting by Dr. Bahl with her American Integrated Medicine and Aesthetics Center. DB is pleased that she remained in DB at this new location in the Gateway Corporate Center. He and Wanda attended the Parks and Recreation Commission meeting last week to thank the 91 Summer Volunteens for logging in 6,740 hours of volunteer working OCTOBER 2, 2012 PAGE 9 CITY COUNCIL this past summer. These 13-15 year olds have learned leadership and responsibility skills. They worked with the Senior Citizens, the Tiny Tots program, Day Camp, Concerts in the Park, and Movies under the Stars. He offered special thanks to Allison Meyers for coordinating all of the Volunteens. He thanked Jessica Gomez from Lorbeer Middle School and Adam Hsu from DBHS for their outstanding work on behalf of the Volunteens. He congratulated the DBHS Wrestling Team on their very successful car wash fundraising event last Saturday. The City Council was at the DBMlalnut Sheriff's Station helping celebrate their 25th Anniversary_ Captain Halm provided a history of the station and it was great to see so many retired and current staff members join in the celebration. DB will be adjourning tonight's meeting in memory of Cathy Johnson. He and Wanda have known her for over 26 years as part of the Lion family. She was very active in her children's school activities and was actively involved with the Miss Diamond Bar Pageant, Chamber of Commerce, City of DB, YMCA and as a mother, wife and friend. She will be greatly missed! M/Chang reminded residents that they can follow her activities on Twitter, Facebook and Foursquare. In August she attended the League of California Cities Economic Development Conference as well as, the last Concerts in the Park, which was a great series and looks forward to next year's concerts. She attended the League of California Cities Conference early September during which there was a very interesting session to discuss innovative ways to promote cities. Another innovative way is to promote a dog park and she is pleased to announce that on November 17 it will be the grand opening of the DB Dog Park at the Pantera Park site. She also participated in the Southern California Edison's conference call regarding SONGS (San Onofre Nuclear Generating Station). She will be on another conference call this Thursday and will participate in an in depth discussion on SONGS on October 31 with Edison's Government Advisory Panel. Between September 13 and 28 she was part of the 29m Delegation to Japan with the American Counsel of Young Political Leaders having been nominated by Congressman Royce and his wife and chosen to participate. It was a very strenuous two weeks with back to back meetings morning to night and it was a phenomenal experience. This was the first delegation to visit the Tsunami disaster sites since the March 2011 disaster. It was devastating. She saw Rikuzentakata which was one of the most impacted cities. There were shrines and temples set up for many victims. She also visited another city where the mayor perished in front of city hall while coordinating disaster management efforts. People literally had 30 minutes after the 9.0 earthquake before the Tsunami hit. The group met with the Mayor of Kamishi to discuss his disaster management efforts. The city had built a sea wall that was so deep it is recorded in the Guinness Book of World Records. However, due to complacency, the wall was expected to hold back the devastation of any Tsunami. The waves came in at 33 feet and the water rose to 50 feet. She learned a lot of great disaster management lessons, two of which are 1) take everything seriously and 2) never take anything for granted. Be prepared and that is the most anyone can do. The group met with Ambassador John Roos. OCTOBER 2, 2012 PAGE 10 CITY COUNCIL who informed them about Operation Tomodachi — Friends to the Rescue and the United States was actually the first country to go in with helicopters to provide aid. The Japanese government expressed their gratitude for the aid operation. All of the roads were broken and all of the rails were as well so that no one could get in but for the helicopters. The group also discussed foreign energy, trade education, and economic policies which was a very interesting time with government governance. Japan is the third largest economy in the world and they have made great progress. Japan is the second largest donor to Afghanistan's rebuilding efforts behind the United States so it is imperative that the US maintain a strong relationship moving forward. When she arrived back in DB on September 28 she went straight to the Armstrong Elementary School carnival which was a great event. She commended PTA President Alfonso Gomez for his efforts. The event was very well attended. On Saturday she and C/Everett attended the DB/Chinese American Association's Moon Festival which is an Asian -American event similar to Thanksgiving. She attended the DBM/alnut Sheriff's Station's 25th Anniversary Celebration. The Diamond Bar Community Foundation Gala will be held on November 10 from 6:00 to 11:00 p.m. For more information please contact her. A flyer will be provided at the next City Council meeting. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the Regular City Council Meeting at 7:30 p.m. in memory of longtime DB resident Cathy Johnson. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of LING -LING CHANG, MAYOR 2012. Agenda No. 6.2 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION DIAMOND BAR CITY HALL -THE WINDMILL ROOM 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 AUGUST 23, 2012 CALL TO ORDER: Chairman Herndon called the Parks and Recreation Commission meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Owens led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Dave Grundy, Ted Owens, Dave Roberto and Chairman Lew Herndon Absent: Vice Chairman Benny Liang was excused. Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent; Christy Murphey, Recreation Superintendent; Crystal Knox, Community Services Coordinator; and Debbie Gonzales, Administrative Coordinator and Phil Williams, Facility Attendant. MATTERS FROM THE AUDIENCE: None CALENDAR OF EVENTS: As presented by CSD/Rose who noted that the September 4 City Council meeting was canceled. 1. CONSENT CALENDAR: 1.1 Approved Minutes for the July 26, 2012 Regular Meeting. C/Grundy moved, C/Owens seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: .Grundy, Owens, Roberto, Chair/Herndon NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Liang 2. INFORMATIONAL ITEMS: 2.1 Recreation Program Update — RS/Murphey C/Owens asked for a percentage of residents versus non-residents participation in contract classes. RS/Murphey responded about 60-40 percent and stated that statistics would be provided. There is no AUGUST 23, 2012 PAGE 2 P&R COMMISSION difference in the cost for residents and non-residents C/Roberto asked if the City Council had a cap on the budget for the 4th of July Celebration. RS/Murphey explained that Proposition A funds covers the cost of the shuttles. Funds from the General Fund were not doubled this year. She said she believes that Council is in favor of spending what needs to be spent to provide the event for the residents. Chair/Herndon asked if the City pays rent for the South Point Middle School Adult Volleyball facility and RS/Murphey responded "yes" and the cost is not completely covered by the fees. RS/Murphey offered to provide more details at a future meeting if the Commission so desired. CSD/Rose explained that when the recreation program was set up the City knew that as a community that it did not have certain types of facilities available for some of the programs. Philosophically, it was determined that gym space would be considered to be a "cost of doing business." If the City had its own gymnasium the cost would actually be more to the City for maintenance, utilities, etc. In light of that information, it was determined that for certain programs to be viable certain expenses are recoverable and certain expenses are non-recoverable. The City attempts to recover the actual direct costs for operating the program and a facilities cost will, in many cases, be subsidized. C/Owens asked why the enrollment is declining in the tennis classes and RS/Murphey explained that the advanced students moved to Chino Hills which has a more competitive program. Enrollment overall has dropped a bit as well. C/Owens asked if the City provides individual instructors or has one contractor that provides instructors. RS/Murphey responded that the City contracts with Tennis Anyone for instruction which employs several instructors. C/Owens asked if the revenue earnings were gross earnings and RS/Murphey responded "yes." C/Grundy asked if the "personal" reason for canceling classes was because the instructor backed out and RS/Murphey responded that the dance instructor was ill and was unavailable during class sessions. C/Grundy asked how the number of instructors who backed out this year compared with other years and RS/Murphey confirmed that it was higher this year. It is unusual to have instructors quit in the middle of or right before a session begins. 2.1.1 PowerPoint Presentation on Contract Classes — CSC/Knox C/Roberto asked about the projected expense for the instructor payout. RS/Murphey responded that CSC/Knox's report included the fees paid to instructors. AUGUST 23, 2012 PAGE 3 P&R COMMISSION C/Grundy asked if the summer number for 2011-12 was the same for last year and if there were any preliminary stats for this year? CSC/Knox explained that there are about two weeks of classes left and the last report that she ran showed a little over 1,000 enrolled participants. As far as revenue, she would have to look into that for C/Grundy. C/Grundy said and with two weeks left there would be no increase expected over the 1,000? CSC/Knox said she ran the report at the beginning of August and there may have been an increase in enrollment. C/Owens asked what means other than the network is used to recruit instructors. CSC/Knox said the City advertises online and in the Recreation Guide and contacts other local area cities for referrals. She also sends emails to returning and past instructors as well as, potential instructors that she is interested in or that the public has requested. C/Owens asked if other cities had experienced a drop in enrollment for their tennis classes who use the same contractor. RS/Murphey said that she has not looked into the matter this year. However, last year she found that other cities had experienced a slight drop as well. Chair/Herndon asked if the cost of insurance has increased over the past few years and how long has the $7 fee been in use. RS/Murphey responded that the City charged $5 for a long time. Two years ago the fee was increased to $7 at which time the City began purchasing insurance for the individual instructors with no increase in the insurance cost. 2.2 Parks Report — PMS/Jordan 2.2.1 Power Point Presentation on Washington Park — PMS/Jordan C/Grundy asked if the cat problem was domestic or feral. PMS/Jordan said he did not know. C/Grundy asked if staff has considered trapping feral cats and taking them to the Humane Society. PMS/Jordan said he would not want to get into a situation where someone's pet cat was taken away. Chair/Herndon said he was thrilled to hear the park was being used as much as it is. 2.3 CIP Projects — CSD/Rose 2.3.1 Trails Free Standing Interpretive Exhibits — CSD/Rose stated that the panels for Sycamore Canyon Mesa Trail and the Summitridge Park Trails are still on order and have not yet been received and will be installed when received. AUGUST 23, 2012 PAGE 4 P&R COMMISSION 2.3.2 Dog Park at Pantera Meadow — CSD/Rose reported that 10 bids were received from potential contractors and were opened on Tuesday, August 14. The low bid is $94,491.25 (about $2,000 less than the prior bid) and the City Council awarded the contract to Torres Construction, Inc., Los Angeles, at its August 21 meeting. The contractor has submitted the required bonds and insurance. As soon as the contract is fully executed staff will schedule the pre - construction meeting and set up the construction schedule. Staff's goal is to have the Dog Park completed and open to the public sometime in November. 2.3.3 Design of Grandview Trail — CSD/Rose indicated that the trail is budgeted in the current fiscal year budget. The RFP was sent out to six landscape architects that have heretofore successfully designed projects in Diamond Bar and those proposals are due back by September 20. The Grandview Trail Link will also be designed to take the trail from the Grandview Trail by the Diamond Bar Center overflow parking lot to a location on Dare Court, northwest of the parking lot. The public meeting for trails is scheduled for Tuesday, September 11 at 7:00 p.m. at the Diamond Bar Center, the purpose of which is to gain additional input from the public on the trails system and more specifically, the Grandview and the Grandview Trail Link. 2.4 List of pending Commission requests — CSD/Rose. CSD/Rose stated that staff is moving forward with the RFP for the technical improvements at the Diamond Bar Center which would include improving the stage lighting. Staff is also working with LPA Design at the Diamond Bar Center to redesign the Willow Room. The computer room was moved to a location at City Hall and Mt. SAC classes start next Monday. Staff will be seeking technical input for upgrading the DBC and as a result, the RFP is under review by several departments at City Hall. CSD/Rose reported that the Pickle Ball demonstration was scheduled to be held at Pantera Park this weekend. C/Owens reminded CSD/Rose about the request for a report on the anticipated amount of funds to be received by the City from the sale of Site D. CSD/Rose responded that the amount of money reported in the newspaper is the bid amount and the bidder has a set amount of time to conduct their due diligence to determine whether they want to keep that bid in place. The bidder met with the Fish and Game and Army Corps of Engineers this week. There is a blue line stream that flows through the property and how that will be mitigated and what those requirements will be will go a long way in determining what the ultimate value of the property is to the bidder. AUGUST 23, 2012 PAGE 5 P&R COMMISSION 3. OLD BUSINESS: 3.1 Discussion of Benefits and Risks of Swings at City Parks — CSD/Rose. CSD/Rose stated that staff is considering installing swings at Longview North Park if grant funding can be obtained. The person who initiated this request told CSD/Rose that she has already raised enough money to pay for the swings ($3,800) and was looking for a place to deposit those funds. In response, staff referred her to the Diamond Bar Community Foundation and the individual will attend the September 10 meeting to seek their support for this process and at the very least to act as a repository for the funds. In the meantime, staff will continue looking for grant funds. Also at the July 28 meeting the Commission requested more information on how appropriate swings are in public playgrounds. Staff consulted numerous resources and has brought forth a researched report that reaches the conclusion that everything the Commission was told at the last meeting by the speakers about the benefits of swings is confirmed. The report was emailed to all of the Commissioners so that they could click on the link to read the online information. CSD/Rose said he was very impressed by the amount of information that was available and how many concerns are in sync with speaker's concerns that swings are being removed. The reason swings have not been installed in DB parks is because of the amount of space required. However, the benefits seem fairly extraordinary with respect to the equipment helping with the development of children including autistic children. When comparing the benefits to the risk, the risks of swings are no greater than many other pieces of playground equipment, whether it be climbing apparatus or other types of stationary play equipment. Most injuries involving swings have to do with contact with those that are swinging which has a lot to do with where the swings are placed and whether the swings are connected to other play equipment which places more children within its proximity. However, the new standards have the swings set apart from the rest of the play equipment that provides for space around the swings. As long as the Consumer Safety Product Commission guidelines are met, swings are relatively safe. Some school districts have removed swings due to incorrect usage — standing, throwing the swings at others, jumping out of swings, and pushing kids beyond their capabilities so that kids can fall off of the swings. In talking with the JPIA, the City's Risk Management firm, they have no concerns with swings. The JPIA evaluates the City's playgrounds every three years and have never had an issue with swings or recommended any changes to the swings in Diamond Bar. For that reason, staff is recommending that the Commission recommend that the City include swings as a regular part of the park design when space is available as parks are developed or as playgrounds are renovated. C/Grundy complimented staff on its research paper. AUGUST 23, 2012 PAGE 6 P&R COMMISSION C/Grundy moved, C/Owens seconded, to recommend that the City Council approve the inclusion of swings as a regular part of the park design, when space is available, as parks are developed or as playgrounds are renovated. Without objection, the motion was so ordered with VC/Liang being absent. 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: C/Roberto thanked staff for their reports. He attended the Grand Opening of the new Library and walked through the facility prior to this evening's meeting and saw a lot of people using the library. The City should be very proud of another gem it has added to the venues in the community which are things residents and surrounding communities can enjoy. C/Grundy thanked staff for their ongoing efforts and the PowerPoint Presentations give a great sense of video which he loves. He enjoyed all of the Concerts in the Park events he was able to attend. He asked if any other parks suffered from heat stress as did Washington Park. PMS/Jordan responded "no" and said that the stress was actually induced by the watering cycle being too short. More water would have taken care of the problem which was attributable to a scheduling error more than the heat which made it more apparent. C/Grundy said he did not notice any reports of vandalism in the Parks report tonight and PMS/Jordan responded that there had not been anything remarkable except for small incidents of graffiti here and there. C/Owens thanked staff for a good job on the Concerts in the Park series which were well attended and for the Grand Opening of the Library which was very well attended. The City and the community will appreciate the facility. C/Owens asked if there had been any graffiti at Washington Park and PMS/Jordan said he was not aware of any. There is a graffiti control company that visits the City on Monday and Friday and if there was graffiti it would have been remediated. When he walked through the park yesterday he saw no evidence of graffiti or any graffiti that had been painted over. C/Owens said there are a lot of cats in the area where he walks (white sand) that are owned by folks in the apartments and mobile homes. PMS/Jordan said the cats love that place. However, after the park was completed it allowed the cats to get into that area and make it their own litter box during construction and now they are used to going into that area so staff will have to continue policing the area to keep the sand clean. Chair/Herndon echoed his colleagues. He too was quite surprised by the turnout for the new library which was pretty sensational. He has attended some of the Concerts in the Park and it appears to him that by adding the movies it has added a beneficial element for the City. He attended the summer baseball team's picnic and thought staff did a phenomenal job and it was great to see all of the parents in attendance in support of the kids. AUGUST 23, 2012 PAGE 7 P&R ADJOURNMENT: With no further business before the Parks & Recreation Commission, Chair/Herndon adjourned the meeting at 8:14 p.m. The foregoing minutes are hereby approved this day of , 2012. Respectfully Submitted, BOB ROSE, SECRETARY Attest: LEW HERNDON, CHAIRMAN CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # g _ 3 Meeting Date: October 16th, 2012 AGENDA REPORT FROM: James DeStefano, City Man TITLE: Ratification of Check Register dated September 27, 2012 through October 10, 2012 totaling $ 1,525,272.55. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 1,525,272.55 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 September 27, 2012 through October 10, 2012 for $ 1,525,272.55 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. PREPARED BY: Luisa Fua Accounting Technician Finance Director Attachments: Affidavit and Check Register — 09/27/12 through 10/10/12. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated September 27, 2012 through October 10, 2012 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $1,291,770.63 Com Org Support Fund $1,000.00 Prop A - Transit Fund $100,741.79 Prop C - Transit Tax Fund $49,885.62 Integrated Waste Mgt Fund $12,838,91 AB2766-Air Qlty Mgt Fund $3,300.00 Com Dev Block Grant Fund $5,823.21 LLAD 38 Fund $13,251.68 LLAD 39 Fund $12,545.98 LLAD 41 Fund $4,391.78 Capital Imp Projects Fund $29,722.95 $1,525,272.55 Signed: Yc'f l l.. - Dianna Honeywell Finance Director C � N W O O m V N O O ❑ O O N . O N V O O r ( N O O O O Y N N N O O W Q7 O n O M (O n (O r N N M N U � V3 Vi N � U m F° N N O O O Ol V M M N O O O O O N (O O N O N O N (O O O n (O m M. 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J z z a O O O ¢¢ Q O 0 0 0 Q x x x K d O O Q Q Q U z w w w m ¢¢¢ w a a a a w m m w rn U U U to Z Z Z p U z z z O E O m > _ 2 w w w w w O m m a z J C) U U w m m m j m w w N N N g¢¢ LL m m m z O= m m O z z z of of Of N z z 7 N N N w � v N 5 3 5 w O O O w }w 2 _ _ _ O K d' W U (q (� O J J J m (7 U J H F¢_- FQ- O} } Z Z Z Z Z Q W w w d Q Q Q U Z Z ¢ K m K U U U U J Z 2 2 Q K K K fL K > Q Q F F (n U U U w Z Z Z Z J F- Cl) Z Z Z ❑w w w w w O o 0 0 OJ 0 C7 Z Xw_X w Xw_X w = ¢¢¢ 2 ¢¢¢ U w w w w ¢ Q¢ Q E M a �n co r ro m o N M v m m Z N N N N N N N M M M M M M M U O O O O O O O O O O O O O O N L U v N N N N N N N N N N N N N N N N N N N N N N N N ❑ O O O O O O O O O O O O O O O O O O O O O O O Nv N N N N N N N N N N N N U v v v v v v v v v a 0 v v 0 v a v v a v a v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U 41 U C O r O O O N O O r Q O w OV O 0 E U m � O r m W 9 N N � L � U m H O m O 0 o r o o N o N N m m c� r C7 K1 O V O N G 0 m O O O N N Q O N �} m 0i(J O O O O O 00 O O O O O U U ¢ N N N lU V V N V N O a a O O M N O O O O O O N cl N OJ h o N cl �(l i0 t0 � V V O O o O O C OO O O � LL O O O O c o U U Q ¢ CL N p5 U2 ¢ 5 D h N w > W F= ¢ Z K F Qa LL W 0 0 0 0 0 N N N N N m m m LL LL a a d W W W W W LL LL LL LL LL N I- Z a Z W W F� OJ J SI- ¢ K ¢ QJQ LL }� ~ LL ZQQ QZQ Z QZ¢ QZQ K K K K a s a s a E z z z a c N � K K OO W m ¢ ¢ ¢¢ O O N w w ¢ O W ¢ O N O O W¢ ¢ Y K K K K K W W W W W LL LL LL LL LL Q2Q QQZ QZQ QZQ Z K K K K J J J J J J J J J J O Q O O O a Z U n O M O M O M O o d N N L U N N N O N N N N N N N N L U O O O O O m rn rn rn m fA CITY COUNCIL Agenda # 6.4 Meeting Date: October 16 2012 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Marr TITLE: APPROVE AMENDMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DIAMOND BAR AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR "STATE ROUTE 60/LEMON AVENUE PARTIAL INTERCHANGE (ON & OFF RAMPS) CONSTRUCTION" RECOMMENDATION: Approve. FINANCIAL IMPACT: There is no financial impact. BACKGROUND/DISCUSSION: On December 2, 2008 the Council approved the Memorandum of Understanding (MOU) with Los Angeles County Metropolitan Transportation Authority (LACMTA) to secure $2,294,000 in grant funds for the SR 60/1-emon Avenue Partial Interchange Project. LACMTA is funding this amount through Proposition C local sales tax dollars. The previously approved MOU established funding and reimbursement guidelines in addition to a baseline project implementation schedule. On October 4, 2011 Council approved Amendment No. 1 to the MOU to extend the lapsing date of funds to June 30, 2012. Due to Caltrans time required for the right-of-way phase of the project, the proposed implementation schedule for the project needs to be revised once more and updated. At their meeting of July 26, 2012 the LACMTA Board agreed to extend the lapsing date of funds programmed in the original approved MOU to June 30, 2014 to allow for the completion of the right-of-way phase and award of construction contract. Currently the project schedule indicates a completion of the right-of-way phase of the project by December 2013 with construction to begin in May 2014. The attached amendment to the MOU must be approved by the City Council to formally extend the lapsing date of funds to June 30, 2014. Since it is likely that funds will not be expended by the lapse date of June 30, 2014, a third amendment may be necessary. PREPARED BY: Kimberly M. Young, Associate Engineer REVIEW Z David G. Liu, Director of Public Works Attachments: Exhibit 1 —Amendment No. 2 DATE PREPARED: October 9, 2012 Agenda # 5.5 Meeting Date: October 16, 2012 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana elf,, TITLE: Authorize the City Manager t enter into a consulting services agreement with Josue Espino to provide on-site planning services for a not -to -exceed cost of $40,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: There is no additional appropriation required since there are sufficient funds available in the FY 2012/2013 budget approved by the City Council on June 5, 2012 (from salary and benefit savings from the vacant Assistant Planner position). In addition, a portion of the costs associated with Mr. Espino's planning services are funded through application and processing fees paid to the City by project developers. BACKGROUND/DISCUSSION: On June 29, 2012, upon review and content approval by the City Attorney, a consulting services agreement with Mr. Espino was executed under City Manager authority. The City retained the direct services of Mr. Espino to provide planning services until the vacant Assistant Planner position was filled. City Council approval is required for the service to be provided through the remainder of the fiscal year. With the current Assistant Planner position vacant, the City needed a Contract Planner position to provide front counter and project management services. It is anticipated that Mr. Espino will spend more than half of the contracted time reviewing developer deposit funded projects, such as new custom homes, residential and commercial additions, conditional use permits, and other current planning projects to be submitted to the City in the near future. Mr. Espino's hourly rate will be $38, and will work a full time schedule on a direct cost recovery basis. The City would like to continue to retain the services of Mr. Espino for on-site planning services. Therefore, it is recommended that the City Council authorize the City Manager to continue consulting services with Mr. Josue Espino to provide on- going consulting services for the remainder of the 2012/13 fiscal year for a not -to - exceed total amount of $40,000. Prepared by: Grace S. Lee Senior Planner Reviewed by: tF-" David Doyle Assistant City Manager Attachment: 1. Consulting Services Agreement 2. Consultant Proposal Consulting Services Agreement— Josue Espino Reviewed by: Greg Gubman, ICP Community Development Director Attachment 1 CONSULTING SERVICES AGREEMENT WITH JOSUE P. ESPINO THIS CONSULTING SERVICES AGREEMENT ("Agreement") is made as of October 30, 2012 by and between the City of Diamond Bar, a municipal corporation (herein referred to as the "City") and Josue P. Esping, (herein referred to as the "Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", Consultant's Proposal dated October 1, 2012. B. Consultant represents that he is fully qualified to perform such consulting services by virtue of his experience in municipal government. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A" the Consultant's Proposal, dated October 1, 2012. 2. Term of Agreement. The term of this Agreement shall commence upon execution by both parties and continue until terminated pursuant to the provisions of this Section. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 3. Compensation. City agrees to compensate Consultant for services rendered pursuant hereto compensation of $38.00 per hour. Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed forty thousand dollars ($40,000). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Benefits. Contractor hereby waives all benefits provided to City employees, including retirement contribution, health/medical insurance, dental insurance, life and disability insurance, sick leave, vacation, unemployment insurance and similar benefits. 6. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that he or any of his agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. City and Consultant agree that Consultant is not an employee of the City and is not covered by the City's worker's compensation insurance policy. Consultant agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, `cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable 2 attorneys fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) automotive liability insurance, with minimum combined single limits coverage of $500,000.00. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability and automotive liability. The policy(ies) as to comprehensive general liability and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. 3 Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10. Confidentiality. Consultant in the course of his duties may have access to confidential data of City, private individuals, or employees of the City.. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 12. Conflict of Interest. A. Consultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of his services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. 13. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 2 B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 14. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 15. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 16. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 17. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 18. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 5 19. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. A. Addresses. City: Consultant: James DeStefano, City Manager Josue P. Espino City of Diamond Bar 3256 Milton Street 21810 Copley Drive Pasadena, CA 91107 Diamond Bar, CA 91765-4178 20. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 21. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 22. Entire Agreement; Modification. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 23. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of October 30, 2012. "CITY" ATTEST: CITY OF DIAMOND BAR By: By: Tommye Cribbins, City Clerk James DeStefano, City Manager 0 APPROVED AS TO FORM: m Michael Jenkins, City Attorney "CONSULTANT" 0 Josue P. Espino EXHIBIT A TO: Grace Lee, Senior Planner 21810 Copley Dr. Diamond Bar, CA 91765 FROM: Josue Espino P.O. Box 5040 Pasadena, CA 91117 Re: Renewed Service Agreement with Josue Espino, Independent Contractor / Urban Planning Consultant Dear Ms. Lee, I would like to continue offering my services as an independent contractor / urban planning consultant with the City of Diamond Bar, CA. The general services I will continue to offer are described as the Scope of Work, listed below. Please note that the Scope of Work is a general summation of duties and may consist of specific assignments and tasks associated with the general obligations categorized in typical urban planning duties that may be described in job performance standards for Assistant/Associate/Senior Planner positions. It is therefore my intention to continue providing exceptional customer service in all facets of land use issues consisting or, but not limited to: Scone of Work Under general direction, provide information and assistance on planning -related matters to the public and other City staff; participate in planning projects that range from routine to moderate difficulty; and perform related work as assigned, such as, but not limited to: • Over-the-counter customer service • Plan check for conformance to city, state, and federal regulations pertaining to zoning and related matters • Report writing and presentation on assigned projects • Data collection and analysis • Site inspections • Prepare written correspondence related to land use matters • Answer land -use related inquiries via phone/fax/email or other media. Compensation I am requesting an hourly rate of: $38/Hour If you have any further questions or would like to discuss my services, please call me at 619-829-2451. Sincerely, Josue Espino Independent Contractor/ Land Use Consultant CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: James ®eStefano, City Manager Agenda 1 8.1 Meeting Date: October 16, 2012 TITLE: Fiscal Year 2012-13 Appropriation Adjustments for Carry Forward Expenditures, Capital Project Carryovers and First Quarter Adjustments 1. Approve a budget adjustment carrying forward appropriations to 2012-13 for previously ordered goods and services in the amount of $639,744.64. 2. Approve a budget adjustment to carry forward capital project appropriations in the amount of $120,752.92 to the 2012-13 fiscal year. 3. Approve various budget adjustments to 2012-13 for charges in the amount of revenue to be received for Sales Tax Compensation funds, Gas Tax funds and related appropriations, and to adjust projected revenues and expenditures for construction of the Library portion of the City Hall building in the amount of $1,321,571.10. 4. Approve a budget adjustment to carry over purchase orders from prior fiscal years where appropriations were inadvertently not carried forward in past fiscal years in the amount of $60,527.55 Each fiscal year, the City Council adopts a budget and appropriates the funds included in that budget. The City's budget policies state that prior year appropriations lapse unless they are approved for carryover into the following fiscal year. Encumbrances for previously ordered goods and services not received by June 30th must be carried over and re -appropriated in the new fiscal year. After the 2011-12 fiscal year was closed staff was able to determine which capital projects were not completed by June 30th and should be carried over into the next fiscal year for completion. Also included are miscellaneous changes to the 2012-13 adopted budget. DISCUSSION: Carry Forward of Operating Appropriations At the end of the 2011-12 fiscal year there were various goods and services encumbered but not received or paid for and therefore the related purchase orders must be carried over into the 2012-13 fiscal year. The carryover of these appropriations is not an additional appropriation of _ funds but merely a carryover of unexpended funds from the prior fiscal year. Exhibit A lists operating expenditure purchase order carryovers in the amount of $639,744.64. Capital Project Carryover Appropriations When the 2012-13 budget was submitted for approval by the City Council, it included new appropriations for capital projects as well as estimated carryovers for existing projects. Offen, capital projects require more than one fiscal year for completion. Now that the 2011-12 fiscal year has been closed, staff is able to compare the estimated carryovers already included in the 2012-13 budget and the actual amount of carryovers needed for each project. The amount already carried over in the 2012-13 budget is $3,405,600. Exhibit B lists City capital projects in progress at year-end that require an adjustment to the carryover included in the adopted budget. The total net amount of the additional carry over for capital projects for 2012-13 is $120,752.92. Additional 2012-13 Budget Chances The final estimate of Gas Tax revenue allocations to the City was slightly lower than the amounts included in the 2012-13 adopted budget. As a result, the City is expected to receive approximately $54,557 less than originally projected. The final estimate of the sales tax compensation fund revenue (aka "triple flip") was higher than the amounts included in the adopted budget. The City is expected to receive approximately $30,876 more than originally projected. When the FY 2012-13 budget was prepared, it was assumed that the work on the new City Hall/Library building would be complete. There are some final invoices to be paid in the new fiscal year therefore there are some purchase orders being carried over in order to pay those invoices. Those purchase orders total $390,026.19. Additionally, as of June 30, 2012 there was an outstanding billing to the library in the amount of $951,967.24 which will be received in FY 2012(13. This amount along with additional reimbursable costs to be incurred for the Library was not included in the budget. The budget is being amended to account for the reimbursement revenue from the County for a total of $1,341,993.43. Other additional 2012-13 budget adjustments include an additional appropriation for Engineering plan check expenditures in the amount of $1,854.48 and $1,404.63 for Professional Services in the three Lighting and Landscape Assessment Districts which are related to the purchase orders carried over in Exhibit A. Finally, there is a change to the funding source for the Dog Park. Quimby revenues have been substituted for General Fund revenues in the amount of $40,793. Exhibit C lists all of the miscellaneous additional changes to the 2012-13 budget in the amount of $1,321,571.10. Carry Forward of Prior Fiscal Year Purchase Orders As part of the close of the 2011-12 fiscal year, staff reviews all outstanding purchase orders in order to determine if they should be closed or left open and carried over. During this process it was discovered that there were several purchase orders open from past prior years that had never been carried over. These older purchase orders are related primarily to developer deposits that were taken in during the past few years and to the General Plan project. Exhibit D lists the prior fiscal year purchase orders that need to be carried over in the amount of $56,370.90. Additionally, there is an appropriation in the amount of $4,156.65 for interest earned in the Traffic Mitigation Fund. Attachments: 1. Exhibit A FY 2012/13 Operating Appropriations 2. Exhibit B FY 2012/13 Capital Project Appropriations 3. Exhibit C FY 2012/13 Miscellaneous Appropriation adjustments 4. Exhibit D Carryover of Purchase Orders from Prior Fiscal Years Over PREPARED BY: Dianna L. Honeywell Finance Director REVIEWED BY: Not Previously Carried Finance Director Assistant City Manger CITY OF DIAMOND BAR BUDGET CARRYOVER REQUEST From FY: 2011-2012 To FY: 2012-2013 EXHIBIT A -PAGE 1 OF 4 BCR # ACCOUNT NUMBER ACCOUNT DESCRIPTION Carryover Request Amount ADJUSTED BUDGET lAssociated PO I# 001-4090-42140 Gen Gov't - Rental/Lease of Real Property 8,000.00 120320 001-4093-46310 Civic Center- Building Improvements 292,562.78 120172 001-4093-46310 Civic Center - Building Improvements 42,368.43 120186 001-4093-46310 Civic Center - Building Improvements 1.619.89 120407 ACCOUNT TOTAL 336,551.10 001-4093-45000 Civic Center - CS Contract Services 28,271.28 120198 001-4093-45000 Civic Center - CS Contract Services 24.842.00 120199 ACCOUNTTOTAL 53,113.28 001-4093-46220 Civic Center- Furniture 361.81 120318 001-4096-44000 Econ Dev - Professional Services 5,500.00 120419 001-5210-44220 Comm Dev - PS - Planning General Plan 8,778.00 120348 001-5210-44220 Comm Dev - PS - Planning General Plan 126.961.76 120355 ACCOUNT TOTAL 135,739.76 001-5350-45300 Recreation - CS - Community Services 1,828.00 120272 001-5510-45530 Public Works - CS - Industrial Waste Svcs 14,195.80 120083 REASON FOR Carryover FY 2011-2012 purchase orders for General Fund expenditures to FY 2012-13 budget REQUESTED BY FINANCE APPROVAL CITY MANAGER APPROVAL APPROVAL REQUIREMENTS DATE DEPARTMENTAL APPROVAL DATE DATE DEPUTY CITY MGR APPROVAL DATE DATE CITY COUNCIL APPROVAL DATE CITY OF DIAMOND BAR BUDGET CARRYOVER REQUEST From FY: 2011-2012 To FY: 2012-2013 EXHIBIT A -PAGE 2 OF 4 BCR # ACCOUNT NUMBER ACCOUNT DESCRIPTION Carryover Request Amount ` ADJUSTED BUDGET Associated PO # 001-5510-45227 Public Works - CS - Inspection 409.41 120096 001-5510-45227 Public Works - CS - Inspection 325.00 120237 001-5510-45227 Public Works - CS - Inspection 164.87 120238 001-5510-45227 Public Works - CS - Inspection 216.42 120322 001-5510-45227 Public Works - CS - Inspection 139.40 120324 001-5510-45227 Public Works - CS - Inspection 3,844.94 120325 001-5510-45227 Public Works - CS - Inspection 1,610.35 120326 001-5510-45227 Public Works - CS - Inspection 2,484.64 120327 001-5510-45227 Public Works - CS - Inspection 2,197.86 120328 001-5510-45227 Public Works - CS - Inspection 770.55 120427 001-5510-45227 Public Works - CS - Inspection 571.26 120428 ACCOUNT TOTAL 12,734.70 001-5510-45221 Public Works - CS - Engineering 40.00 120362 001-5510-45221 Public Works - CS - Engineering 5.037.50 120370 ACCOUNT TOTAL 5,077.50 REASON FOR REQUEST: Carryover FY 2011-2012 purchase orders for General Fund expenditures to FY 2012-13 budget REQUESTED BY FINANCE APPROVAL CITY MANAGER APPROVAL APPROVAL REQUIREMENTS DATE DEPARTMENTALAPPROVAL DATE DATE DEPUTY CITY MGR APPROVAL DATE DATE CITY COUNCIL APPROVAL DATE CITY OF DIAMOND BAR BUDGET CARRYOVER REQUEST From FY: 2011-2012 To FY: 2012-2013 EXHIBIT A -PAGE 3 OF 4 BCR # ACCOUNT NUMBER ACCOUNT DESCRIPTION Carryover Request Amount ADJUSTED BUDGET lAssociated PO 1# 001-5551-45223 Engineering - CS - Plan Check 1,020.10 120264 001-5551-45223 Engineering - CS - Plan Check 173.42 120323 001-5551-45223 Engineering - CS - Plan Check 1,530.16 120357 001-5551-45223 Engineering - CS - Plan Check 88.86 120401 001-5551-45223 Engineering - CS - Plan Check 528.11 120431 ACCOUNT TOTAL 3,340.65 001-5551-45221 Engineering - CS - Engineering 1,625.00 120370 001-5554-45507 Road Maint - CS - Traffic Signal Maint 575.87 120077 001-5554-45507 Road Maint - CS - Traffic Signal Maint 5.000.00 120179 ACCOUNT TOTAL 5,575.87 001-5554-44520 Road Maint - PS - Engineering 2,874.00 120183 001-5554-44520 Road Maint - PS - Engineering 2,680.00 120372 001-5554-44520 Road Maint - PS - Engineering 9.693.86 120403 ACCOUNT TOTAL 15,247.86 REASON FOR REQUEST: Carryover FY 2011-2012 purchase orders for General Fund expenditures to FY 2012-13 budget REQUESTED BY FINANCE APPROVAL CITY MANAGER APPROVAL APPROVAL REQUIREMENTS DATE DEPARTMENTALAPPROVAL DATE DATE DEPUTY CITY MGR APPROVAL DATE DATE CITY COUNCIL APPROVAL DATE CITY OF DIAMOND BAR BUDGET CARRYOVER REQUEST From FY: 2011-2012 To FY: 2012-2013 EXHIBIT A -PAGE 4 OF 4 BCR # ACCOUNT NUMBER ACCOUNT DESCRIPTION Carryover Request Amount ADJUSTED BUDGET lAssociated PO I# 113-5510-46412 Prop C - Traffic Control Improv 2,362.00 120285 118-5098-44030 Air Quality M mt - PS - Data Process Svc 17,852.50 120402 138-5538-44000 LLAD #38 - Professional Services 648.35 120413 139-5539-44000 LLAD #39 - Professional Services 725.23 120413 141-5541-44000 LLAD #41 - Professional Services 725.23 120413 141-5541-45519 LLAD #41 - CS - Weed Abatement 18,540.00 120412 FOR REQUEST: Carryover FY 2011-2012 purchase orders for Special Revenue Funds to FY 2012-13 budget REQUESTED BY FINANCE APPROVAL CITY MANAGER APPROVAL APPROVAL REQUIREMENTS DATE DEPARTMENTALAPPROVAL DATE DATE DEPUTY CITY MGR APPROVAL DATE DATE CITY COUNCIL APPROVAL DATE From FY: 2011-2012 To FY: 2012-2013 CITY OF DIAMOND BAR BUDGET CARRYOVER REQUEST EXHIBIT B -PAGE 1 OF 2 BCR # ACCOUNT ACCOUNT CARRYOVER ADJUSTED- ASSOCIATED- NUMBER FUNDING SOURCE DESCRIPTION REQUEST AMOUNT ' BUDGET' PO# Project 01412 Residential Slurry 111 Gas Tax Seal -Area 1A (4,316.13) Project 01412 Residential Slurry 110 Measure R Seal -Area 1A (12,395.13) Proj 23912 Arterial Slurry Seal - 113 Prop C Zone 6 71,326.02 Proj 24308 Chino Hills Pkwy 110 Measure R Rehabilitation (80,000.00) Proj 24308 Chino Hills Pkwy 116 Traffic Impr Fund Rehabilitation (38,401.83) Proj 24812 CCN Cameras - 113 Prop C Traffic Sig Mgmt 108,952.00 Proj 22812 Grand Ave - 113 Prop C DBC/Shotgun 3,500.00 Proj 26611 Median Mod - 110 Measure R DBB@Clr Creek 14,403.95 Proj 26612 (113) Prop C Median Mod - Grand/Summitridge 2,560.00 Proj 26712 Golden Springs Dr. 113 Prop C Drainage Impr 6,510.00) Proj 28012 113 Prop C Bus Stop Relocation 25,000.00 84,118.88 REASON FOR REQUEST: Carry Over of Appropriations for Capital Projects in Progess at 6/30/12 REQUESTED BY FINANCE APPROVAL CITY MANAGER APPROVAL APPROVAL REQUIREMENTS DATE DEPARTMENTALAPPROVAL DATE DATE ASSISTANT CITY MGR APPROVAL DATE DATE CITY COUNCIL APPROVAL DATE From FY: 2011-2012 To FY: 2012-2013 CITY OF DIAMOND BAR BUDGET CARRYOVER REQUEST EXHIBIT B -PAGE 2 OF 2 BCR# ACCOUNT NUMBER FUNDING SOURCE ACCOUNT DESCRIPTION CARRYOVER REQUESTAMOUNT ADJUSTED BUDGET ASSOCIATED PO# Project 25208 250 Rivers & Mtns Cons Syc Cyn Pk Trail Phase IV 4.51 Project 25208 124 Park Dev Syc Cyn Pk Trail Phase IV 14,000.00 Project 25212 250 Prop 84 Grant Trails Freestanding Exhibit 13,717.78 Project 26312 122 Quimby Dog Park at Pantera Park 8,911.75 36,634.04 REASON FOR REQUEST: Carry Over of Appropriations for Capital Projects in Progess at 6/30/12 REQUESTED BY FINANCE APPROVAL CITY MANAGER APPROVAL APPROVAL REQUIREMENTS DATE DEPARTMENTAL APPROVAL DATE DATE ASSISTANT CITY MGR APPROVAL DATE DATE CITY COUNCIL APPROVAL DATE CITY OF DIAMOND BAR BUDGET ADJUSTMENT REQUEST EXHIBIT C FY 12113 BA # ACCOUNT NUMBER ACCOUNT DESCRIPTION INCREASE DECREASE ADJUSTED BUDGET 111-31705 Gas Tax 2105 20,580.00) 274,353.00 111-31710 Gas Tax 2106 17,064.00) 185,000.00 111-31720 Gas Tax 2107 (18,121.00) 405,148.00 111-31731 HUTA 1.208.00 663,547.00 (54,557.00) 001-31011 Sales Tax Comp Fund 30,875.56 900,181.56 001-31334 Library Reimbursement 1,341,993.43 1,341,993.43 001-5551-45223 General Gov't - Prof Svcs 1,854.48 15,607.48 138-5538-44000 LLAD #38 - Professional Svcs 417.62 648.35 139-5539-44000 LLAD #39 - Professional Svcs 493.51 725.23 141-5541-44000 LLAD #41 - Professional Svcs 493.50 725.23 1,404.63 001-9915-49250 TransferOut- CIPFund (40,793.00) 252,254.00 122-9915-49250 Transfer Out- CIP Fund 40,793.00 40,793.00 250-39001 Transfer In - General Fund (40,793.00)1 252,254.00 250-39122 Transfer In - Quimby Fund 40,793.00 1 40,793.00 REASON FOR REQUEST 1) To adjust the FY 2012-13 Gas Tax Fund revenue for revised estimates 2) To adjust the FY 2012-13 General Fund for revision of the Sales Tax Comp Fund estimates 3) To adjust the FY 2012-13 General Fund for anticipated reimbursement from the LA County Library 4) To adiust the FY 2012-13 General Fund budaet for FY 11-12 open ourchase orders carried over which REQUESTED BY FINANCE APPROVAL over DATE DEPARTMENTALAPPROVAL DATE DATE ASST. CITY MGR APPROVAL DATE CITY MANAGER APPROVAL DATE CITY COUNCIL APPROVAL- DATE CITY OF DIAMOND BAR BUDGET ADJUSTMENT REQUEST EXHIBIT D FY 12/13 Am ACCOUNT NUMBER ACCOUNT DESCRIPTION INCREASE (DECREASE) ADJUSTED BUDGET' 001-4090-R44000 General Gov't - Prof Svcs 5,000.00 5,000.00 001-5510-44240 PW - PS Environ Studies 3,658.25 73,658.25 001-5510-R45221 PW - CS - Engineering 831.00 831.00 001-5510-45227 PW - CS - Inspection 1,699.77 22,199.77 001-5510-R45227 PW - CS - Inspection 16,725.96 16,725.96 001-5551-45221 Eng - CS - Engineering 622.50 15,622.50 001-5551-R45222 En - CS - Traffic 2,173.25 2,173.25 001-5551-45223 Eng - CS - Plan Check 1,453.00 13,753.00 001-5551-R45223 Eng - CS - Plan Check 1,905.00 1,905.00 001-5210-44220 Com Dev - PS Planning Gen Pln 17,303.90 52,303.90 51, 372.63 116-5510-R44000 112,148.27 112,148.27 116-5510-44000 (107,150.00) 0.00 4,998.27 250-5510-46411-23912 Street Imp - Slur Seal Zone 6 4,156.65 165,656.65 116-9915-49250 Transfer Out - CIPFund 4,156.65 157,942.65 REASON FOR REQUEST 1) To adjust the FY 2012-13 General Fund budget for open purchase orders carried over from prior fiscal years where appropriations were not carried forward in the past. 2) To adjust the FY 2012-13 Traffic Improvement Fund for open purchase orders carried over from prior fiscal years where appropriations were not carried forward in the past. Also, to reclassify current budget to correct account to correspond with the open purchase orders. 3) To appropriate interest revenue into project #23912 REQUESTED BY FINANCE APPROVAL CITY MANAGER APPROVAL APPROVAL REQUIREMENTS DATE DEPARTMENTALAPPROVAL DATE DATE ASST. CITY MGR APPROVAL DATE DATE CITY COUNCIL APPROVAL- DATE CITY COUNCIL Agenda # 8.2 Meeting Date Oct. 16 2012 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, Citylag TITLE: Appointment to the Traffic an Transportation Commission to fill the Unexpired Term of Kevin House. RECOMMENDATION: Appoint. FINANCIAL SUMMARY: No Fiscal Impact. BACKGROUND: On October 2, 2012, the Diamond Bar City Council accepted the resignation of Kevin House as a member of the Traffic and Transpiration Commission upon his replacement being appointed. At that time Councilmember Herrera announced that there was a vacancy on the Commission and that she would accept applications to fill the position. Staff posted a vacancy notice as well as online and at this time two applications have been submitted Since Mr. House is Councilmember Herrera's appointee to the Traffic and Transportation Commission, it is up to Councilmember Herrera to make the appointment to fill the unexpired term which ends February, 2014. The two applications that have been submitted are attached. PRE ARED BY: REVIEWED BY: Tom mye/Vlrib ins, City Clerk David Doyle, Asst. City Manager FCFIVEC1, APPLICATION FOR CITIZEN SERVICE QCT -4 AM 10* 44 COMPLETE AND SUBMIT TO 1-1-Y MMiAGER°S OFFICE CITY CLERKS OFFICE CITY OF DIAHOHD BAR COMMISSION/COMMITTEE DESIRED: NAME: V�-'�> ADDRESS: '2.f�3 \-J HOME PHONE2`$; �� BUSINESS PHONE `\� OCCUPATION: C, Are there any evenings you could not meet? Yes No )< If so, please list: Whv are you interested in this position? f\S What do you consider to be your major qualifications? ":4 r r Ph ' '` A� REFERENCES: 1. ►R K� Please attach a written statement containing any additional information you feel would be helpful to the City Council. Oct 05 12 02:47p PirritanolnsuranceAgenc 626-961-9806 p.2 APPLICATION FOR COMMISSION/COMMITTEE COMPLETE AND SVBMIT TO CITY CLERICS OFFICE COMMISSION/C O MMITTEE DESIRED: �T/�FFic bra %2��s�nanoN �aEnyyr �sya rf NAME: d ADDRESS: W -r VIA"OMQ Ai', C l c%/-7/ s HOME PHONE: N0q) 59(--SYT3 BUSINESS PHONE: 6/,1�i OCCUPATION: I7(lsiiv E35 Occ / AN7 -- r itzx-ltAi 6 Are there any evenings.you could not meet? Yes D No If so, please list: Why are you interested in this position? —7- ho&t:- /1" S W A-x/lZ"6 i D ocf4 C'0">h m VN/7-q e,14c-7z c-li i /3r✓I �� �Z7En_ �iS c�ouL/) xl/ What do you oonsider to be your major qualifications? 75rZVV7 PJUSiNr �s /�C,E9CoyNc;/ A �c�c c -mss IrvG ,ids; Nt--s.f OWAi&W /gE x df ,� r7 -,)-x y . h REFERENCES: 1. 2. 3. /Z F.•3Z.9 /2U z� C 41,-+ ( q6q) ?61-- X10 & Please attach a written statement containing any additional information you feel would be helpful to the City Council. 198., VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK / J FROM:'?d DATE: a ADDRESS:I� 't✓i PHONE: 61 P �i- 3, 1 ORGANIZATION:' AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item reflect my name and address as written above. Please have the Council Minutes This document is a public record subject to disclosure under the Public Records Act. D OND BAR VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: w ti C id il' DATE: t( -a j ADDRESS: _ ` PHONE: ORGANIZATION: t 1 � ,' d >ju t d` %)yyir' yam. AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. s Signature This document is a public record subject to disclosure under the Public Records Act.