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HomeMy WebLinkAbout11/20/2012City of Diamond Bar City Council Agenda Tuesday, November 20, 2012 6:00 p.m., Closed Session — Room CC -8 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 • 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 II 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 ear uses recycledpaper and encourages you to do the same. Rl.110ND D R CITY OF DIAMOND BAR CITY COUNCIL AGENDA November 20, 2012 Next Resolution No. 2012-50 Next Ordinance No. 12 (2012) CLOSED SESSION: 6:00 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54957 Public Employee City Manager Performance Evaluation CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Ahmad H. Sakr, PhD. Islamic Education Center ROLL CALL: Council Members Everett, Herrera, Tye, Mayor Pro Tem Tanaka, Mayor Chang APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: BUSINESS OF THE MONTH: 1.1 Presentation of City Plaque, to Sushi Koyo, 868 North Diamond Bar Boulevard upon the 30th Anniversary of doing business in the City. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 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. November 20, 2012 PAGE 2 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 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 Thanksgiving Holiday — City Offices will be closed November 22 - 23, 2012 in observance of the Thanksgiving Holiday. City offices will reopen on Monday, November 26, 2012 at 7:30 a.m. 5.2 Candy Cane Craft Fair — December 1, 2012 — 9 a.m. — 2 p.m. — Diamond Bar Center, 1600 Grand Avenue. 5.3 City Council Meeting — December 4, 2012 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.4 Planning Commission Meeting — December 11, 2012 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 Traffic and Transportation Commission Meeting — December 13, 2012 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.6 City Council Meeting — December 18, 2012 — AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of November 6, 2012 — Approve as submitted. 6.2 Planning Commission Minutes: (a) Regular Meeting of August 14, 2012 — Receive and File. (b) Regular Meeting of October 9, 2012 — Receive and File. November 20, 2012 PAGE 3 6.3 Parks and Recreation Commission Minutes — Regular Meeting of September 27, 2012 — Receive and File. 6.4 Traffic and Transportation Commission Minutes — Regular Meeting of October 11, 2012 — Receive and File. 6.5 Ratification of Check Register - Dated November 1, 2012 through November 14, 2012 totaling $996,244.10. Requested by: Finance Department 6.6 Approval of the Second Amendment to the License Agreement with Los Angeles SMSA Partnership, Doing Business as Verizon Wireless to Expand an Existing Wireless Communication Site by Approximately 53.85 Square Feet. (Summitridge Park). Recommended Action: Approve. Requested by: City Manager 6.7 Approve Amendment No. 3 to a Professional Services Agreement with Go Live Technology, Inc. for a Total FY 2012/2013 Authorization Amount Not -to -Exceed $80,000, to Implement Enhanced Functionality and Support of the "CityView" System. Recommended Action: Approve. Requested by: IS Department 7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard. 7.1 Adopt Resolution No. 2012 -XX: A Resolution of the City Council of the City of Diamond Bar Establishing and Adopting Fees for Industrial Waste, Self -Hauling and Limited Collection Permits. Recommended Action: Receive Staffs Report, Open the Public Hearing, Receive Testimony, Close the Public Hearing and Adopt. Requested by: City Manager 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 6, 2012 CLOSED SESSION: 5:30 p.m., Room CC- 8 ► Government Code Section 54957 Public Employee — City Manager Performance Evaluation CALL TO ORDER: Mayor Ling -Ling Chang called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Council Member Carol Herrera led the Pledge of Allegiance. INVOCATION: Ab Kastl, Pastor, Diamond Canyon Christian 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; Ryan McLean, Assistant to the City Manager; Ken Desforges, IS Director; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: M/Chang announced that the presentation to Sushi Koyo would be rescheduled to November 20, 2012. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Chang and the City Council presented a Certificate of Recognition to James Garcia for his role in providing assistance to L.A. County Sheriffs officers in subduing a burglary suspect. Captain Halm, on behalf of Sheriff Baca thanked Mr. Garcia for his assistance in the apprehension of a burglary suspect during a police pursuit on October 17, 2012. 1.2 C/Herrera presented a City Tile to former Traffic and Transportation Commissioner Kevin House. NEW BUSINESS OF THE MONTH: 1.1 Presentation of a Certificate Plaque to Sushi Koyo, 868 North Diamond Bar Boulevard upon the 30th Anniversary of their doing business in the City. (Rescheduled for November 20, 2012). NOVEMBER 6, 2012 PAGE 2 CITY COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano stated that residents who reside in the Pantera Park area may see two areas of construction underway. One is at the base of the hills immediately adjacent to Pantera Park and across from Pantera Elementary School which is the new "Bark" Park under construction and scheduled to be completed on Saturday, November 17. City Hall has received calls on the other project which is at the top of the hill adjacent to the water tanks. For several years a helipad has been located on that property. Residents are now seeing the reconstruction of the helipad property. This construction effort is necessary to improve the property to help fight area fires, particularly those that occur in the wild land areas. The construction project is slated to be completed in a little more than two months. 3. PUBLIC COMMENTS: Wayne Goodwin stated that he is hopeful that funds from the sale of Site D would be allocated for additional fields in the City. He suggested the City rent the Pony Field and give them an exclusive use of the field for a certain period of time. He further suggested that Council and staff should look at the field by Goddard Middle School in the City of Glendora and possibly use it as a model for the Pony Field. Ryan Farsat, owner of the Arco AM PM on Diamond Bar Blvd., stated that he is unable to offer his DB customers competitive gas prices due to BP diversifying interests in the marketplace. He further stated that in order to stay in business, he is looking at possibly subdividing his lot and adding another business in order to increase his revenue and asked for the Council's support. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responding to comments made by Mr. Goodwin stated that the City Council agrees and has adopted the Parks Master Plan that outlines a battle plan for finding more recreational resources within the community. Ball fields require flat land which the City does not have and therefore this is the toughest issue the City will face since it is mostly hillside. Part of the Parks Master Plan discussion was to partner with some of the other entities that exist within the community including the Little League Field (YMCA property) at the end of Golden Springs. In addition, there are other private facilities that exist that are under consideration including the Lanterman property, all of which require careful planning and very careful use of the City's resources. With reference to the Site D project, it is a project that the City Council approved at the corner of Brea Canyon Road and Diamond Bar Boulevard which if constructed, would create about 180-200 homes and a minimum sized two -acre park. A two -acre park is not large enough for the kinds of ball fields that are envisioned and the physical layout of the area would not likely offer a reasonable option for ball field types of use. If the Site D project is built it will generate some one-time revenue NOVEMBER 6, 2012 PAGE 3 CITY COUNCIL to the City which then the City Council will look at very carefully and prudently as to how those dollars should be vested and into what categories (Community Services, Parks and Recreation, Traffic and Transportation, Public Safety, etc.). A key component in investing those resources is ensuring that the City does not set itself up for annual maintenance and operation costs that may not be affordable over the long term. To reiterate, the Parks Master Plan agrees that the City could use more ball fields. The challenge is where and how it can be done. CM/DeStefano stated that Mr. Farsat was seeking feedback regarding potential reuse of the gas station property across the street from the vacant Site D property. This conversation should take place preliminarily between the speaker and CDD/Gubman who can guide the speaker through the appropriate actions for the site and therefore suggested that Mr. Farsat meet with Mr. Gubman. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Veterans Recognition Ceremony — November 8, 2012 — 9:00 a.m., Diamond Bar Center, 1600 Grand Avenue. 5.2 Traffic and Transportation Commission Meeting — November 8, 2012 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Veterans Holiday — November 12, 2012 — City Offices closed in observance of Veterans' Day. City Offices will reopen Tuesday, November 13, 2012 at 7:30 a.m. 5.4 Planning Commission Meeting — November 13, 2012 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 Parks and Recreation Commission Meeting — November 15, 2012 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.6 Dog Park Grand Opening — November 17, 2012 — 1:00 p.m., Pantera Park, 738 Pantera Drive. 5.7 City Council Meeting — November 20, 2012 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.8 Thanksgiving Holiday — November 22 and 23, 2012 — City Offices closed in observance of the Thanksgiving Holiday. City Offices will reopen Monday, November 26, 2012. 5.9 City Council Meeting — December 4, 2012 - 6:30 p.m., SCAQMD/ Government Center Auditorium, 21865 Copley Drive. NOVEMBER 6, 2012 PAGE 4 CITY COUNCIL 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 October 16, 2012 — Approved as submitted. 6.2 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES: 6.2.1 Regular meeting of June 14, 2012 — Received and Filed. 6.2.2 Regular Meeting of August 9, 2012 — Received and Filed. 6.2.3 Regular Meeting of September 13, 2012 — Received and Filed. 6.3 RATIFIED CHECK REGISTER — Dated October 11, 2012 through October 31, 2012 totaling $1,244,474.68. 6.4 APPROVED TREASURER'S STATEMENT — Month of September 2012. 6.5 AUTHORIZED TO EXCEED CITY MANAGER'S PURCHASING AUTHORITY OF $25,000 TO EXTEND VENDOR SERVICES WITH TURBOSCAPE, INC. FOR THE ENGINEERED WOOD FIBER AT THE DOG PARK IN AN AMOUNT NOT TO EXCEED $48,125 FOR THE 2012/13 FISCAL YEAR, AN AMOUNT THAT INCLUDES A 10% CONTINGENCY. 6.6 AWARDED CONTRACT TO TKE PLANNING, INC. IN THE AMOUNT NOT -TO -EXCEED $52,500 FOR DESIGN OF CONSTRUCTION DOCUMENTS FOR THE GRAND VIEW TRAIL AND THE GRAND VIEW TRAIL LINK; AMOUNT INCLUDES $4,000 FOR REIMBURSABLES; PLUS APPROPRIATION OF $2,750 OF PARK DEVELOPMENT FUNDS AND $2,750 OF LAND & WATER CONSERVATION GRANT FUNDS TO FULLY FUND THE DESIGN OF THIS PROJECT. 6.7 APPROVED NOTICE OF COMPLETION FOR CONSTRUCTION OF DIAMOND BAR CITY HALL AND DIAMOND BAR LIBRARY. 6.8 (a) ADOPTED RESOLUTION NO. 2012-48: GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1, DIAMOND BAR ZONE, CITY OF DIAMOND BAR, PETITION NO. 2-111 (TRACT 52267 AKA PULTE HOMES -28 STREET LIGHTS LOCATED ALONG DIAMOND BAR BOULEVARD AT STEEP CANYON). (b) ADOPTED RESOLUTION NO. 2012-49: JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES; THE BOARD OF TRUSTEES OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT; THE BOARD OF DIRECTORS NOVEMBER 6, 2012 PAGE 5 CITY COUNCIL OF THE COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR; THE BOARD OF DIRECTORS OF THE THREE VALLEYS MUNICIPAL WATER DISTRICT -ORIGINAL AREA; THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT; THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT DISTRICT NO. 3; AND THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT DISTRICT NO. 4 APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM THE ANNEXATION OF PETITION NO. 2-111 (TRACT 52267 ALONG DIAMOND BAR BOULEVARD AT CRESTVIEW/TIN DRIVE) TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006. 6.9 APPROVED NOTICE OF COMPLETION FOR THE GOLDEN SPRINGS DRIVE DRAINAGE IMPROVEMENT PROJECT. 6.10 APPROVED EXONERATION OF SURETY BOND NO. 734472S IN THE AMOUNT OF $376,568 POSTED BY JCCL-SOUTH POINTE WEST, LLC FOR TENTATIVE TRACT 63623 TO COMPLETE SEWER IMPROVEMENTS OF THE TRACT DEVELOPMENT. 6.11 APPROVED CONTRACT AMENDMENT IN THE AMOUNT OF $50,000 WITH ONWARD ENGINEERING FOR PUBLIC WORKS/ENGINEERING STAFF SUPPORT SERVICES. 7. PUBLIC HEARING: 91 None. COUNCIL CONSIDERATION: None. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye congratulated Ken Desforges and his team for being recognized by the Municipal Information Systems Association of California He also announced that the Washington Mini Park has been selected as a 2012 Project of the Year by the Southern California Chapter of the American Public Works Association. CSD/Rose has once again been acknowledged for a great team, great effort and great community input. The community needs to know that these are the types of individuals on staff and the types of department managers the City has, these awards happen only with a great team effort. Thanks for what you do and congratulations for the recognitions by the industries and peers. On November 24 it will be "Small Business Saturday" and it might be helpful to the AM PM and other small businesses within the community. Residents should do everything they can to spend their money locally which will generate taxes to improve the City. On November 24 as well as all year long please support a small DB business; and please remember to vote. NOVEMBER 6, 2012 PAGE 6 CITY COUNCIL C/Everett thanked the speakers who spoke during public comments and thanked Mr. Goodwin for his comments and support of the kids. On October 17 he, MPT/Tanaka and other elected officials attended the WVUSD "Salute to Teachers' event for all 15 schools. Teacher of the Year for 2012 was Sandy Davis, English teacher and Peer Counseling Advisor at DBHS. The City is very proud of her. Sandy was also selected from a field of 71 County Teachers of the Year to be one of the Sweet 16 and will travel to Sacramento to compete for National Teacher of the Year. Ms. Davis spoke eloquently about her relationship with our kids — "Kids first every day'. C/.Everett also announced that the PUSD selected their Teacher of the Year, Patricia Borchard, a speech specialist at Roosevelt Elementary School who is also a DB resident. C/Everett thanked the IT Team and Parks Team. He acknowledged the neighborhood participation in the design of Washington Park was also recognized by the organization making the award. He hoped residents would join in the City's celebration of the recognition for veterans on Thursday, November 8 at 9:00 a.m. at Diamond Bar Center. C/Herrera reported on the meetings she attended during the past two weeks; Foothill Transit as the DB representative, San Gabriel Valley Council of Governments and Southern California Association of Governments. C/Herrera stated that DB is very fortunate to have such outstanding employees who love to work for DB and stay for many, many years. Everyone gets sad and upset when businesses close so when they are open they need everyone's support and patronage. One case in point is a new restaurant that recently opened — Ranch House Grill on Golden Springs Drive, the former Carrow's location. This is a little different concept for the community but the menu is outstanding and she hopes that everyone will come to love the restaurant and patronize the restaurant so that it is a successful local business. C/Herrera said that there is still time to vote. MPT/Tanaka said that the past couple of weeks have been very busy starting two Wednesday's ago when he and C/Everett attended the WVUSD "Salute to Teachers". He too, congratulated Teacher of the Year Sandy Davis from DBHS. Thursday was the San Gabriel Valley Council of Governments meeting at which the possible termination of the Executive Director's Contract — the current Executive Director is Nick Conway of Arroyo Associates was discussed. The COG Board also discussed the possibility of the separation of the Alameda Corridor East from the San Gabriel Valley COG. There was a special meeting held on October 30 to discuss that item and there will be a Strategic Planning Workshop on November 30 in the City of Rosemead. The PUSD Board meeting included discussion of routine business and a report received from the student representative. Also on Thursday Salon Sonal celebrated their 10`h Anniversary ribbon cutting. On Thursday the DB Seniors held their Halloween Dinner and Dance which included a costume contest, great food and music. On Saturday, October 27 the Walnut/DB Sheriffs Station Boosters held their first Variety Show Fundraiser at the Mt SAC Theater. Wednesday through Friday of last week 45 Leo Club Members from DBHS helped build the City's Haunted House; and on NOVEMBER 6, 2012 PAGE 7 CITY COUNCIL Saturday the DB Leo's judged the Halloween Costume Party at the Library. On Tuesday there were a couple of Red Ribbon Week Assemblies, one at Pantera Elementary and the second at Diamond Point Elementary School. He thanked Deputy Whitlow for educating the kids on how to stay drug free throughout the year which concluded during the assemblies. Tuesday and Wednesday, October 30th and 3151 there were several Leo Club Members from DBHS who worked the Haunted House from 6:00 p.m. to 9:00 p.m. Congratulations to Andee Tarazon and her staff for putting together another very scary Haunted House. On Wednesday, members from the Chaparral and DBHS Leo Club worked on the Fall Fun Festival where there were games for younger kids from 4:30 to 8:30 p.m. at Heritage Park and on Saturday, November 3rd 28 members from the Leo Club from DBHS helped with the Zorro party at the library. Last Sunday he and M/Chang attended the Circle of Friends organization's 10th Anniversary Celebration. The program started with two kids and four volunteers and has grown to 32 buddies and over 49 volunteers, many of whom are graduates of DBHS. The Pomona Valley Habitat for Humanity held its Awards and Installation Dinner and he congratulated all of the new officers. Today was DB Day at the LA County Fair committee meeting during which the past year's events were recapped as well as improvements for next year including the Business and Kids Expo, Big Yellow Bus Program, Parade, Hero Program, Community Reception and the year-round partnership opportunities. MPT/Tanaka recognized DB's Youth Hero Josh Chen from DBHS who attended this evening's meeting. He thanked Civics Class students from DBHS for attending tonight's meeting and explained that the reason this meeting is ending early is because there were no Public Hearings or Council Consideration items. M/Chang reminded everyone to follow her on Facebook, Twitter and Foursquare. She commented on local support for business and Mr. Farsat's comments and asked that all residents support all businesses in the City. She was a speaker on a panel at the American Planning Conference; attended the Sanitation District Board Meeting; and Red Ribbon Week assemblies at Pantera and Diamond Point Elementary Schools. She stated that the kids definitely love DeputX Whitlow and thanked her for her work. She attended Sushi Koyo's 30t Anniversary, an example of a successful DB business. She attended Southern California Edison's Government Advisory Panel during which President Ron Litzinger discussed SONGS (San Onofre Nuclear Generating Station) and that the Nuclear Regulatory Commission will hold another meeting on November 19. She will attend that meeting and provide an update to the City Council. Unit 2 will not be started until approval is received from the NRC. She attended the League Board Meeting discussing the Legislative Score Cards which talks about how legislators voted with respect to protecting local control, the contents of which will be presented at the next League meeting. She was the keynote speaker at the Chinese Institute of Engineer's Convention at the DB Golf Course. She spoke about STEM Education, Science, Technology and Math. STEM is the key to economic growth and innovation in the US. She was approached by the DBHS Robotics team, looking for sponsors. If interested, please contact M/Chang. She attended the 10th Anniversary Circle of Friends celebration. The NOVEMBER 6, 2012 PAGE 8 CITY COUNCIL Circle of Friends is a phenomenal organization that promotes love, friendship and volunteerism. The organization links high school volunteers with kids with disabilities and encourages life-long friendships. She was very touched by some of the videos that were played and given the prominence of bullying it was even more touching to see how many high school volunteers stepped up to take these kids under their wings. These high school kids are not only volunteers, they are angels. One can go to their website and get information about how to help. She congratulated Ken Desforges and his team for receiving the Excellence in Information Technology and Practices award as well as the City and staff for receiving the 2012 Project Award for Washington Park. She is very glad that the "Bark" Park is on schedule for the November 17 opening. She reminded residents about the Veterans Recognition Ceremony on Thursday, November 8. Unfortunately, she will be in Sacramento as a Governor's appointee to the Board of Vocational and Psychiatric Nursing and Tech Disciplinary Hearing. She thanked veterans for their service. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the Regular City Council Meeting at 7:25 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2012. LING -LING CHANG, MAYOR Agenda No. 6.2 (a) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 14, 2012 CALL TO ORDER: Vice Chairman Steve Nelson called the meeting to order at 7:05 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Farago led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Frank Farago, Tony Torng, Vice Chairman Steve Nelson Absent: Commissioner Jack Shah and Chairman Jimmy Lin were excused. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Josue Espino, Contract Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of June 12, 2012. C/Farago moved, C/Torng seconded, to approve the Minutes of the Regular Meeting of June 12, 2012, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Torng, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah, Chair/Lin 5. OLD BUSINESS: None AUGUST 14, 2012 PAGE 2 PLANNING COMMISSION 1 7 NEW BUSINESS: 6.1 General Plan Status Report for 2012 SP/Lee presented staff's report and recommended that the Planning Commission approve the status report and forward the approved document to the City Council to receive and file. C/Farago moved, C/Torng seconded, to approve the General Plan Status Report for 2012 as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Torng, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah, Chair/Lin PUBLIC HEARINGS: 7.1 Development Review No. PL2012-236 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant, Master Remodelers and the property owner, Tarif Halabi, requested Development Review approval to construct a 371 square foot addition to the front of an existing single family residence on a 7,290 square foot (0.17) acre) lot. The subject property is zoned Low -Medium Residential Density District (RLM) with an underlying General Plan Land Use designation of Low -Medium Residential. PROJECT ADDRESS: 466 Red Cloud Drive Diamond Bar, CA 91765 PROPERTY OWNER: APPLICANT: Tarif Halabi. 466 Red Cloud Drive Diamond Bar, CA 91765 Master Remodelers c/o Steve Kyne 610 N. Monte Vista San Dimas, CA 91773 AUGUST 14, 2012 PAGE 3 PLANNING COMMISSION CP/Espino presented staff's report and recommended Planning Commission approval of Development Review No. PL2012-236, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Torng questioned the table showing a change to the side yard setback on the street side. CP/Espino responded that the existing building line is currently non -conforming so it is actually closer than what current code allows. However, this addition, albeit compliant with current standards, would be allowed to continue along that same building line due to passage of the recent ordinance. The new addition is in compliance with current standards as well as, with the ordinance. C/Farago asked for concurrence that the front setback on the garage is already 15 feet to which CP/Espino responded "correct." The garage is 15 feet from the front property line. C/Torng asked why the 6.4 foot line becomes a 10 foot line on the side yard setback. CP/Espino responded that the 6.4 foot line is part of the existing home which was built under the County's jurisdiction. C/Torng asked if something was added to become 10 feet and CP/Espino explained that it is because of the way the street is configured. C/Torng felt the shortest distance of 6.4 feet should be used and CDD/Gubman responded that C/Torng was correct. The side yard setback is measured from the nearest distance to the property line so the table is inaccurate. The addition is farther away from the property line than the existing structure. However, the setback is always measured between the two closest points between the building and the adjacent property line. VC/Nelson opened the public hearing. Mr. Kyne, general contractor and designer of the proposed project, thanked CP/Espino and the planning staff for an excellent presentation. This addition is a 10 -foot side yard setback. The lot runs on an extreme angle and by the time one gets to the where the addition to the existing house is 10 feet and the line is continued to a little over 12 feet in the front. Mr. Kyne said he feels the project is a very nice room addition to the home. It was designed to match the existing architectural features on the house. It will have matching roof style, pitch, stucco, windows and colors. A very nice front bay window was added to break up and improve the front elevations. The project retains existing building style with a matching gable and outlookers to be consistent with the garage elevation. Mr. Kyne AUGUST 14, 2012 PAGE 4 PLANNING COMMISSION said he believed the design of the addition was compatible with the surrounding neighborhood and would be an attractive improvement to Mr. Halabi's home. Douglas Barcon said he lives across the street from the project on N. Rock River Drive to the north side. He said he has no issue with the design of the plan. However, he has a concern about the intersection at Red Cloud and N. Rock River Drive because there have been several accidents over the years with vehicles traveling both east and west on N. Rock River Drive colliding with vehicles coming down Red Cloud. He felt the addition would possibly impact the view of drivers coming down Red Cloud to N. Rock River Drive as well as cars traveling westerly on N. Rock River Drive. He felt a stop sign should be installed on Red Cloud at N. Rock River Drive so that cars would stop at Red Cloud before proceeding through the intersection. In addition, there is no stop sign at Gunsmoke and drivers are constantly pulling out in front of vehicles on N. Rock River Drive and he would like for the City to look at that issue. Mr. Kyne said that with regard to the speaker's concerns about view, there are similar circumstances with other properties up and down the street and throughout the tract that was built in the 70's. It is almost 27 feet to the bay window and 29 feet to the corner. Douglas Barcon said that the speed limit is 25 mph but some cars tend to travel in excess of 40 mph. VC/Nelson advised Mr. Barcon to contact the Traffic and Transportation Commission and inquire about speed remedies for the neighborhood. The Planning Commission has no jurisdiction on this specific issue. VC/Nelson closed the public hearing. C/Torng felt the project met all requirements and that the stop sign issue should be taken to the Traffic and Transportation Commission. VC/Nelson asked for confirmation that the stop sign and line of sight issue were separate considerations. CDD/Gubman responded that they were two different issues and that the project meets the line of sight requirements and that he will forward Mr. Barcon's comments to the Public Works Department for follow up. Approval of this project is subject to the permitting of the property and to the maintenance e of the property during and after the project is completed. AUGUST 14, 2012 PAGE 5 PLANNING COMMISSION C/Torng moved, C/Farago seconded, to approve Development Review No. PL2012-236. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Torng, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah, Chair/Lin 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman reported that there are no pending agenda items for the August 28 meeting so that meeting will go dark and the next meeting is scheduled for Tuesday, September 11, 2012, for which there are agenda items. 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Lin adjourned the regular meeting at 7:34 p.m. to September 11, 2012. The foregoing minutes are hereby approved this gth day of October, 2012. Attest: Respectfully Submitted, Greg Gubman Community Development Director Jimmy LM, Chai an Agenda No. 6.2(b) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 9, 2012 CALL TO ORDER: Chairman Lin called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765, PLEDGE OF ALLEGIANCE: VC/Nelson led the. Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Frank Farago, Jack Shah, Tony Torng, Vice Chairman Steve Nelson, and Chairman Jimmy Lin Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Natalie Tobon, Planning Technician; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of August 14, 2012. C/Torng moved, C/Farago seconded, to approve the Minutes of the Regular Meeting of August 14, 2012, as presented. Without objection, the motion was so ordered with C/Shah and Chair/Lin abstaining. 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.1 Development Review No. PL 2012-395 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant, Kenn Coble, and the property owners, Larry and Candi Holden, requested Development Review approval to construct an 812.5 square foot addition to an existing 1,882 square foot single family residence on a 10,198 gross square foot (0.23 acre) lot. The subject property is zoned Low Medium Residential OCTOBER 9, 2012 PAGE 2 PLANNING COMMISSION (RLM) with a consistent underlying General Plan land use designation of Low Medium Residential. PROJECT ADDRESS PROPERTY OWNER 608 Sky Court Diamond Bar, CA 91765 Larry and Candi Holden 608 Sky Court Diamond Bar, CA 91765 APPLICANT: Kenn Coble Pro Builders 449 W. Allen Avenue #109 San Dimas, CA 91773 PT/Tobon presented staff's report and recommended Planning Commission approval of Development Review No. PL 2012-395, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Torng asked how staff calculated the setback and building separation on the north side. PT/Tobon responded that these measurements are taken from the existing building footprint because the proposed addition does extend the building closer to the side property lines. The distance between the two structures is 19 feet 3 inches and 13 feet 9 inches on the other side. C/Torng pointed out that the agenda states that the addition is 1,882 square feet, but the staff report summary reads 1,417 square feet. PT/Tobon explained that the difference is the garage. C/Torng said he wanted it to be consistent and PT/Tobon said she would so note. Chair/Lin explained that the table that refers to the side yard clearance is the space between the two adjoining structures and not the side yard setback from the property line. PT/Tobon agreed and confirmed that the minimum side yard distance between adjoining structures is the distance between the subject structure and the structure next door. Chair/Lin asked what the Diamond Bar standard for the side yard setback is and PT/Tobon explained that in this zone it is 10 feet on one side and five feet on the other side as shown on the table. Mr. Coble, ProBuilders, said he was present to respond to questions. OCTOBER 9, 2012 PAGE 3 PLANNING COMMISSION Chair/Lin opened the public hearing. With no one present who wished to speak on this item, Chair/Lin closed the public hearing. C/Farago moved, C/Shah seconded, to approve Development Review No. PL 2012-395, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson, Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review No. PL 2012-188 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant, Kenneth Pang, and the property owners, Kuo An Tseng and Mei-Ping Lin, requested Development Review approval to construct a 4,223 square foot addition and exterior renovation to an existing 3,873 square foot single family residence on a 70,168 gross square foot (1.61 acre) lot. The subject property is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential. PROJECT ADDRESS PROPERTY OWNER: 2930 Steeplechase Lane Diamond Bar, CA 91765 Kuo An Tseng and Mei Ping Lin 19740 E. Lorencita Drive Covina, CA 91724 APPLICANT: Kenneth Pang Creative Design Associates 17528 E. Rowland Street City of Industry, CA 91748 SP/Lee presented staffs report and recommended Planning Commission approval of Development Review No. PL 2012-188, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. OCTOBER 9, 2012 PAGE 4 PLANNING COMMISSION VC/Nelson pointed out that in the first paragraph it says that the application is to construct a 3,371 square foot addition and under the project description it speaks to a 4,223 square foot addition. SP/Lee explained that the reason is that the livable area of the first and second floor is 3,371 and in the first paragraph, second sentence it states that in addition to that there is a 277 square foot porch and 500 square foot outdoor patio. C/Shah asked SP/Lee to repeat the amount of imported soil and SP/Lee responded that 190 cubic yards of soil will be imported to fill the existing swimming pool. Chair/Lin said that on the agenda the property owners are Kuo An Tseng and Mei Ping Lin but on the package the owner is Debby Lin. SP/Lee explained that Debby Lin is the English name of Mei Ping Lin. The resolution should show the legal name which shows Debby Lin and she will clarify that with the applicant tonight. Kenneth Pang, Creative Design Associates, said he and the property owners have read staff's report and have nothing to add but are happy to answer any questions the Commission might have concerning the property. Chair/Lin asked the applicant if he had reviewed the drainage condition after the improvements to see if any additional runoff might the neighboring property. Mr. Pang responded that the drainage should not change too much because the slope will not be touched. The project intends to only fill in the pool so the slope will remain the same. Chair/Lin said that it would add additional impermeable area to the site that would tend to absorb more runoff than the roof. Typically, in a sloped area one would want to make certain that erosion does not occur and lead to unfavorable impacts to the neighboring property. CDD/Gubman said there are conditions of approval for erosion control for the construction. Mr. Pang interjected by saying that the civil plans are part of the package and he has looked at the drainage and confirmed the best way to drain the storm water. Chair/Lin opened the public hearing OCTOBER 9, 2012 PAGE 5 PLANNING COMM1651UN Chair/Lin opened the public hearing. With no one present who wished to speak on the item, Chair/Lin closed the public hearing. C/Torng moved, VC/Nelson seconded, to approve Development Review No. PL 2012-188, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson, Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSIONER COMMENTSIINFORMATIONAL ITEMS: None 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman reported that the next scheduled Planning Commission meeting is October 23 with two matters scheduled for the agenda — two single-family residential additions under Development Review requests, one located on High Knob and the second on Navajo Springs. (High Knob was stated in error, Running Branch should have been mentioned instead) CDD/Gubman said he would not be present for the October 23 meeting and that SP/Lee would lead the meeting in his absence. He said he would appreciate it if the Commissioners would notify him or AC/Marquez to confirm their presence so that staff can confirm there will be a quorum present to conduct the meeting. CDD/Gubman reported that the legal issue with the incomplete Shell Station project at the corner of Palomino and Diamond Bar Boulevard is moving forward. The City's prosecutor appeared in court the middle of August and the court issued a preliminary injunction ordering the property owner to submit building permits or a demolition permit by September 13. The property owner failed to do so, so the City's next step is to file an additional request for a motion to the court to find the property owner in contempt of the court order to perform to get the project restarted. Staff is concurrently reviewing options for seeking a receiver to take control of the property and complete the project. Staff is aware of the other assets OCTOBER 9, 2012 PAGE 6 PLANNING COMMISSION owned by the property owner which includes 13 other gas stations, two of which are in escrow and staff is looking at the opportunity to sequester the funds that would come out of those property transactions and to use those funds to bring in a receiver and perform the work on the property and have the receiver liquidate the property upon completion. At this point staff is pursuing completion of the property rather than demolition and clearing of the site because the capital improvement value on the site relative to the amount of work needed to complete the project make more financial sense to complete the project rather than to destroy the value of the on- site improvements. This is a complicated lawsuit because of the amount of tax liens encumbering not only this property but several of the other properties that the owner currently holds. Once any of those properties sell, the federal government is first in line to collect on the tax liens. The City would have a priority lien over the remaining balance over all of the other lien holders and parties that might have a lawsuit against the property owner. VC/Nelson asked if CDD/Gubman had any information available regarding filling the Ralph's space and CDD/Gubman responded that unfortunately, he did not have any information available. Information he has received to date indicates that the deal is moving forward and is still alive. % SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Lin adjourned the regular meeting at 7:37 p.m. The foregoing minutes are hereby approved this 23rd day of October, 2012. Attest: Respectfully Submitted, GregGubma1 ' Community Development Director Jimmy L" , Chair n CITY OF DIAMOND BAR Agenda No. 6.3 - — MINUTES OF THE PARKS & RECREATION COMMISSION DIAMOND BAR CITY HALL - THE WINDMILL ROOM 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 SEPTEMBER 27, 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 Roberto 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; Alison Meyers, Community Services Coordinator; Andee Tarazon, Community Services Coordinator; Chris Ramos, Day Camp Specialist; Phil Williams, Maintenance Worker II, and Debbie Gonzales, Administrative Coordinator. PRESENTATION TO SUMMER VOLUNTEENS OF 2012 — by CSC/Meyers and DCS/Ramos. Chair/Herndon said this program is wonderful and he thanked CSC/Meyers for her commitment. MPT/Tanaka thanked the participants for their hours of volunteer work and thanked the parents for their support. C/Everett said Diamond Bar is a great place and the reason is people like the Volunteens, staff and Commissioners. RECESS: Chair/Herndon recessed the meeting at 7:18 p.m. RECONVENE: Chair/Herndon reconvened the meeting at 7:28 p.m. MATTERS FROM THE AUDIENCE: Steve Zalai, 15619 Obsidian Court, thanked the 40 individuals who participated in the August 25 and 26 Pickleball Demonstration at Pantera Park. Participants asked when they could start playing on a regular basis. Mr. Zalai said a tennis court would be the best place to play Pickleball and he would like to have use of a court on a regular basis. If the City agrees to a second demonstration the demonstrators would like to hold the event in November. SEPTEMBER 27, 2012 PAGE 2 P&R COMMISSION Chair/Herndon advised Mr. Zalai that he would need to confer with staff. CSD/Rose said staff believed the November time frame would be fine and asked Mr. Zalai to coordinate the event with CSC/Knox. CALENDAR OF EVENTS: As presented by CSD/Rose. Chair/Herndon announced he would be out of town on October 25. 1. CONSENT CALENDAR: 1.1 Approved Minutes for the August 23, 2012 Regular Meeting. C/Grundy moved, C/Roberto seconded, to approve the Consent Calendar as presented. Without objection, the motion was so ordered with VC/Liang being absent. 2. INFORMATIONAL ITEMS: 2.1 Recreation Program Update — RS/Murphey C/Owens asked if it was possible to schedule next year's Diamond Bar Day at the Fair during the horse racing event. CSC/Tarazon said she would present this request to the Fair representatives. Chair/Herndon asked if staffs recommendation to have one food vendor at the Concerts in the Park would be for one of the City's non-profit organization or a commercial vendor. CSC/Tarazon stated that she would seek a non-profit organization. Chair/Herndon felt if attendees were expecting certain types of food at the concerts could the City promote what type of food would be served. If the City brought in a commercial vendor he would hope that the City would be able to get some of the proceeds for allowing them to participate. ,CSD/Rose said Diamond Bar had no plans to bring in a commercial provider. Some vendors do a great job and others provide minimal services which is the reason for this discussion. The City makes every attempt to allow everyone to participate but the City also wants to make certain it gets consistent high quality of food and service. C/Grundy asked if the City solicited feedback regarding the performers so that the City can gauge their popularity. CSC/Tarazon stated that no formal feedback method is used. CSD/Rose stated that staff looks at audience reaction, whether people get up and dance and how they "get into" the music. The City focuses on a variety of music and receives information from other cities on new groups that Diamond Bar considers. SEPTEMBER 27, 2012 PAGE 3 P&R COMMISSION Chair/Herndon felt the movies following the Concerts in the Park were very well received. Do the vendors serve food during the movies? CSC/Tarazon stated that food is usually available during the early part of the movie. C/Owens said he was surprised about the number of people who came at the end of the concert to view the movie. Chair/Herndon felt that had something to do with the age of the kids. C/Grundy suggested that the City look for a vendor that would move among the crowd to sell hot dogs similar to what is done at ball parks. CSD/Rose responded that the City considered allowing vendors to go into the crowd. Staff believes that most people watching the concerts do not want someone in front of them so the City has discouraged vendors passing out food during the concerts. C/Grundy asked if it had been tried and CSD/Rose responded that the decision was made when people tried to pass out flyers during the concerts. C/Grundy felt that if a food vendor worked his way through the crowd it might be easier to purchase a hot dog, etc. CSC/Tarazon stated she would look into this possibility. 2.1.1 Power Point Presentation on the Armed Forces banners — CSC/Tarazon C/Owens asked how much was budgeted for this year and CSC/Tarazon responded $15,800. She estimated that the cost is about $250 per banner. There is no cost to the families. C/Grundy asked if there is special recognition for those who have died in the line of duty. CSD/Rose said that no one from Diamond Bar died in the line of duty. The City has not developed a program for this type of event but has seen other cities display something on the banner. C/Grundy said plans should be made in the event of such an outcome. Chair/Herndon asked if any Veterans had been injured and CSD/Rose said staff had not received any information regarding injuries. Chair/Herndon asked if the City Council had given staff a blank check on this matter and CSD/Rose responded that there is no blank check; however, the City Council has always been very responsive and supportive. Staff needs to look at how and when the program will be brought to a conclusion but thus far there have been no such discussions. SEPTEMBER 27, 2012 PAGE 4 P&R COMMISSION C/Owens said that street banner programs for service people are very popular in Southern California. Chair/Herndon said he felt it was a great program that should be continued. 2.2 Parks Report —PMS/Jordan C/Grundy said he was surprised that the City would be repairing the boy's restroom instead of the school district. CSD/Rose said that in accordance with the facility use agreement the City is responsible for the maintenance of the restroom building. C/Grundy asked what other things the City is responsible for in addition to the fields and CSD/Rose responded that the City maintains the lights and the slope on the Golden Springs Drive side as well. C/Grundy asked if the City repairs problems that come about during the normal school day and CSD/Rose responded no, that there is a janitor that handles the daily issues. PMS/Jordan said it depends on the nature of the repair and in most cases it is easier for the City to respond and just get the problem fixed. Staff has also worked with the school on issues that are slightly out of the scope of what the City does on the upper field. With respect to the restrooms, staff has a pretty good understanding with the school district making most of the repairs. Staff's time for restroom repair has been minimal. C/Owens asked if the City has a similar working relationship with the WVUSD and CSD/Rose said the City has no maintenance responsibilities for any of their buildings. The only location that has a joint use facility is Paul C. Grow Park. There is a line drawn and the school district maintains everything on their side of the line and the City maintains everything on its side of the line including the outdoor restroom. Chair/Herndon commented that the Diamond Bar Community Foundation had a food truck event at Lorbeer Middle School which he was involved in and from his experience the City has a very good working relationship with PUSD and if repairing a faucet, etc. contributes to that relationship he is all for it because Diamond Bar is very fortunate to be able to use that field and possibly other PUSD fields in the future. 2.2.1 Power Point Presentation on information about the City's Trail System — CSD/Rose. Chair/Herndon asked if omission of the proposed trail from Silver Tip to Pantera was an oversight or is it a future project. CSD/Rose said it may not be far off into the future. It is not in the Trails Master Plan which staff is following closely. Staff will have the CCC determine whether it is feasible to cut a trail. Currently, LA County fire is constructing a helipad by the reservoir above Pantera Park. After construction is finished staff will be able to determine possible pathways. SEPTEMBER 27, 2012 PAGE 5 P&R COMMISSION 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 have been shipped and will be installed when received. 2.3.2 Dog Park at Pantera Meadow — CSD/Rose reported that the contractor started work on September 18 and the CCC is performing clearing and grubbing work this week in preparation for the fencing and wood chips. A ribbon -cutting ceremony is scheduled for Saturday, November 17 at 10:00 a.m. 2.3.3 Design of Grandview Trail — CSD/Rose indicated that staff received proposals from the architect firms. Staff is reviewing the proposals and hopes to take its recommendation to City Council on October 16. The phased construction schedule is to complete the design work this fiscal year and construct the Grandview Trail in FY 2013- 14 with the link trail completion during FY 2014-15. If the grant funding can be acquired the construction could be completed in one phase which would be staff's preference. 2.4 List of Pending Commission Requests — CSD/Rose Items previously discussed during tonight's meeting: a) Tennis Registration (Recreation Report) b) Revenue for Contract Classes (Recreation Report) c) Percentage of residents to non-residents for Contract Classes (Recreation Report) d) Swings — CSD/Rose stated that the Diamond Bar Community Foundation is willing to meet with the individuals interested in having the swings at the park; meeting to be scheduled. In the meantime, staff is looking at grants for this project. e) Pickleball (update provided under Public Comments) f) Site D — CSD/Rose said that it was likely not much would happen within the next year except for a community meeting in November, possibly on November 10, sponsored by the school district with the developer and landscape architect, the subject of discussion to be "Park Amenities." g) Stage Lighting at the Diamond Bar Center — CSD/Rose reported that all of the technology is being scrutinized by other departments and the RFP is not yet ready to go out. SEPTEMBER 27, 2012 PAGE 6 P&R Chair/Herndon said he would like to add the MOU with the school districts to the list. 2.5 Financial Summary for 2011/12 Fiscal Year for Parks & Recreation — CSD/Rose 3, OLD BUSINESS: None 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: C/Owens said he attended the recognition luncheon "Lions of the World" for Jack and Wanda Tanaka. C/Grundy asked if the unusually high temperatures during the past week affected the landscaping in the parks. PMS/Jordan responded that the only problems were after the renovations at Pantera and Lorbeer because staff was behind schedule due to the fireworks show. Staff fertilized a little late and the grass started growing in the heat and the mowing height was higher than staff would have liked it to be at the opening. It took a couple of weeks to get the height under control and staff is still working at getting the height lower at some of the fields. Other than the aggressive growth there was no distress detected. C/Roberto thanked staff for their report and offered kudos to CSC/Meyers on the Volunteen program. C/Roberto said he would like to see revenue versus expenditures over the years on the next financial summary report. Chair/Herndon thanked staff for their efforts. He attended some of the Concerts in the Park which were well attended and received by the participants. He said he was blown away by the Volunteen program with more and more kids participating going forward. ADJOURNMENT: C/Roberto moved, C/Owens seconded, to adjourn the Parks and Recreation Commission meeting. With no one objecting and no further business before the Parks and Recreation Commission, Chair/Herndon adjourned the meeting at 8:40 p.m. The foregoing minutes are hereby approved this 5t11 day of November 2012. SEPTEMBER 27, 2012 PAGE 7 P&R COMMISSION Respe`cttfully SrObmitted, B08 ROSE, SECRETARY Attest: f LEW HERNDON, CHAIRMAN Agenda No. 6.4 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING OCTOBER 11, 2012 CALL TO ORDER: Chairman Carrera called the meeting to order at 7:04 p.m, in the Diamond Bar City Hall Windmill Community Room, 21810 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Liana Picher led the Pledge of Allegiance. ROLL CALL: Commissioners Jen "Fred" Mahlke, Liana Pincher, Vice Chairman Kenneth Mok and Chairman Ted Carrera. Absent: Commissioner Kevin House was excused. Also Present: David Liu, Public Works Director; Kimberly Young, Associate Engineer; Christian Malpica, Associate Engineer (Traffic), and Marcy Hilario; Administrative Coordinator. I. APPROVAL OF MINUTES: A. Minutes of the August 9, 2012 regular meeting C/Pincher moved, VC/Mok seconded, to approve the Minutes of the August 9, 2012 meeting. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mahlke, Pincher, VC/Mok, Chair/Carrera NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: House B. Minutes of the September 13, 2012 regular meeting C/Mahlke moved, C/Pincher seconded, to approve the Minutes of the September 13, 2012 meeting. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mahlke, Pincher, VC/Mok, Chair/Carrera NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: House OCTOBER 11. 2012 PAGE 2 T&T COMMISSION II, PUBLIC COMMENTS: Nicole Guerena, 2543 Sunbright Drive, shared her concerns on Pathfinder Road at Brea Canyon Road. There is a "no parking" zone during a designated time that many people ignore, which creates traffic issues during congested traffic hours. Drivers cannot get into the lane to turn right. She suggested the City make the area a permanent no parking zone and designate the right lane as a "right turn lane" only. Gilbert Guerena, 2543 Sunbright Drive, further explained that drivers are often backed up to the other side of Brea Canyon Road when school lets out because they cannot make the right turn. Drivers have to wait for all of the vehicles to get into Diamond Bar High School and pass the cars that are parked in the no -parking zone. In fact, store owners park there. He sees the same cars every day. Mr. Guerena has already spoken to the Sheriffs Department about the problem. PWD/Liu stated that the two-hour parking limit was an agreement with the businesses. Staff will look at the congestion issue to see if there is a reasonable solution and contact the stakeholders to get their participation. III. ITEMS FROM STAFF: A. Received and Filed Traffic Enforcement Updates for: 1. Citations: July, August & September 2012 2. Collisions: July, August & September 2012 3. Street Sweeping: July, August & September 2012 VC/Mok moved, C/Mahlke seconded, to receive and file the Traffic Enforcement update. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mahlke, Pincher, VC/Mok, Chair/Carrera NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: House IV. NEW BUSINESS: A. Sunbright Drive Petition for Removal of Preferential Parking District AE/Malpica presented staff's report and recommended that the Traffic and Transportation Commission receive public comments, discuss the preferential parking district/permit program, and request staff to bring back a recommendation at the next Traffic and Transportation Commission meeting. VC/Mok asked if any incidents had been reported or if there were actually complaints about vehicles being cited. PWD/Liu responded that staff verified with the Sheriff's Department that there had been no parking citations issued OCTOBER 11, 2012 PAGE 3 T&T COMMISSION for any residents along Sunbright Drive. Staff looked at other Preferential Parking Districts (about 12 residential streets) included in the 2012 report and there were no single tickets issued on any of the given streets within the Preferential Parking Districts, including Sunbright Drive. VC/Mok asked for confirmation that this did not necessarily mean there had not been illegally parked vehicles and PWD/Liu responded "correct." Gilbert Guerena, 2543 Sunbright Drive, spoke again and shared there probably had not been any citations issued in 2012 because there was not much enforcement. There have been neighbors on that block that have received five or six citations; the same person and the same car. In his observation, there has never been a problem on Sunbright Drive. The Preferential Parking District was initiated in 2003; however, signs were installed only a couple of years ago. He said he was one of the people who asked for the signs because in 2004 or 2005 the City restricted students from parking on Pathfinder Road, which in turn "flooded" the neighborhood with student parking. Currently, the students park up by the high school on Fountain Springs Road or on the smaller neighborhood streets. In his experience, the students have never parked on Sunbright Drive. Unfortunately, residents cannot get enough permits for their visitors, which is the reason they started the petition to remove the district. Nicole Guerena, 2543 Sunbright Drive, also spoke again and shared that she is a Civil Engineering Major at CalPoly with a Minor in Business Management and for her this is a very interesting meeting. She believes that residents are allowed to have as many permits as needed; however, residents can only have a permit for a vehicle registered at the address. This means she could not request numerous permits for her visitors' cars without each vehicle registration. Chair/Carrera asked for clarification on the number of permits allowed. PWD/Liu responded that annual permits are limited to two (2) per year per household. The number of temporary and visitor permits allowed is unlimited. All permits are at no cost to the residents. VC/Mok asked for the history behind the parking around the high school. PWD/Liu responded with respect to diagonal parking along Brea Canyon Road and parallel parking along Pathfinder Road, he recalled that parking along those two streets was implemented shortly after 1999, upon completion of the Comprehensive School Safety Study. It was an incremental approach with the addition of about 80 parking spaces along Brea Canyon Road. Subsequently, as staff continued working with the school district and Diamond Bar High School, it was decided that by opening up Pathfinder Road with parallel parking all the way down to Diamond Bar Boulevard, it would give further relief. It is evident how well used those parking spaces are. Over the years there have been improvements and progress. OCTOBER 11, 2012 PAGE 4 T&T COMMISSION Chair/Carrera stated that, as a result of these improvements, there does not seem to be the same issue for Sunbright Drive parking. C/Pincher asked the street width of Sunbright Drive. AE/Malpica responded that Sunbright Drive is 30 feet wide from curb to curb. C/Pincher asked for confirmation that if vehicles were parked on both sides of the street, it would narrow the travel to one lane. C/Pincher said she observed a sign in the cul- de-sac that stated parking was restricted. AE/Malpica responded it was also part of the parking district. The width on that side is two feet wider. C/Pincher asked how many spaces were added on Brea Canyon Road. AE/Malpica responded that 83 parallel spaces were added on the west side of the street and 85 diagonal on the east side of the street, south of Pathfinder Road. C/Pincher commented that residents should have input regarding parking in their neighborhood. It may or may not be a problem; however, Sunbright Drive is very convenient to the freeway and the Park 'n Ride near the freeway get filled to capacity. The City recently had parking issues on another street where carpoolers were parking. It was not working out well for the residents in that area; therefore, a portion of the street had to be red curbed because of those particular issues for that street. C/Pincher explained that removing the restrictions may open up issues with carpoolers and with students. She wanted to make sure the residents are aware that once the restriction is removed, the street is open to parking for everyone. C/Mahlke asked Mr. Guerena if, when he obtained signatures for the petition, any discussions ensued about what will happen if the restriction is lifted and again negates the ability for him to park in front of his house. Mr. Guerena responded yes. It would be odd because Evergreen Springs Drive and Fountain Springs Road would still have the restriction; therefore, students would have to pass up a block to get to his street. He did not think it would be a problem if the traffic overflowed to his street. The only concern they had was on the corner of Sunbright Drive and Evergreen Springs Drive. The resident who lives there did not want the restriction lifted was concerned because people park in front of his house everyday to pick up their kids from Evergreen Elementary School. Mr. Guerena stated that he informed that resident that it would not matter because people would still park there to pick up their kids. At the cul-de-sac on Sunbright Drive, the area is flooded when kids get picked up from Evergreen Elementary School. Parents wait in their cars and kids walk along the street. Mr. Guerena said that as long as the City does not close Pathfinder Road to parking, their street should be fine. Nicole Guerena shared that many residents along Sunbright were unaware of the parking restrictions and she and her dad were informing them as theywere getting the petition signed. It seems that there was more of a problem toward the Fountain Springs Road side and she did not know if it was an area that was more heavily patrolled or if it was enforced because people were calling in complaints. OCTOBER 11, 2012 PAGE 5 T&T COMMISSION V C/Mahlke noticed that one of the letters the City received in favor of retaining the restriction was from someone who lived at the same residence as one who signed the petition. There is clearly a house divided on the street. Chair/Carrera said he was pleased that the City would take time to address this type of issue. The process works in Diamond Bar. He is somewhat perplexed because he was concerned that, in the future, the Commission may be looking at a reverse request when traffic again begins to create a parking issue. Staff will come back with a recommendation. Staff received letters from the following four addresses on Sunbright Drive: 2530, 2464, 2453 favored removal of the Preferential Parking District and also signed the original petition; 2408 submitted a letter indicating she wanted to keep the Preferential Parking District and another individual from that address signed the petition. The petition was signed by 33 households and staff received a total of five (5) feedback letters — 3 for removal and 2 against removal. VC/Mok moved, C/Mahlke seconded, to request staff to bring back a recommendation for consideration at the next Traffic and Transportation Commission meeting for the Sunbright Drive Petition for Removal of Preferential Parking District. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mahike, Pincher, VC/Mok, Chair/Carrera NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: House OLD BUSINESS: A. PRESENTATION: UPDATES OF REGIONAL FREEWAY AND TRANSPORTATION PROJECTS; PRESENTATION OF FREIGHT PROVISIONS OF MAP 21-AE/Young and PWD/Liu AE/Young stated that the Partial Diamond Interchange will consist of a westbound on-ramp and an eastbound off -ramp and on-ramp. Once the interchange is constructed, the Brea Canyon Road hook ramps at Golden Springs Drive will be removed; however, the existing westbound Brea Canyon Road 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 decision 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, they had 30 days to present an "offer to purchase" to each of the property owners. Likewise, the property owners had 30 days to OCTOBER 11, 2012 PAGE 6 T&T COMMISSION accept or deny the offer. In the event the owners reject or ignore the offer, condemnation proceedings will begin. The right-of-way impacts that will be imposed are to seven private properties requiring partial property takes which include five residential rear yard takes, 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 partial takes, there are 13 temporary construction easements which will be reverted back to the property owners once construction is completed. There are nine (9) 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 temporary 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 meeting. 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. The remaining $1.1 million will be funded fully by the City of Industry. A Memorandum of Understanding (MOU), which is on the upcoming City Council agenda for consideration, is to be executed between the City of Industry and Diamond Bar 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 million in Metro Prop C; and $4.9 million 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: Right-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. OCTOBER 11, 2012 PAGE 7 T&T COMMISSION 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 II 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 are at $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. Completion of this project will depend on funding sources and availability. This phase is expected to begin in late 2015 and continue through 2017. There are other major components of the "Big Fix" for the SR57/60 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 as well as the westbound SR60 bypass to Grand Avenue and the carpool lane connectors from the SR57 to the SR60 and vice versa. 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 bypass road to Grand Avenue. 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 accelerate delivery of these improvements, Metro will advance this project by funding the project with five other projects 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 11, 2012 PAGE 8 T&T COMMISSION PWD/Liu indicated that another project important to Orange County is the SR57 northbound 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. C/Pincher asked if this project was from Lambert to the County line only. PWD/Liu responded that C/Pincher was correct. 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 on-going 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 21St 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 a $2 billion investment for the freight transportation infrastructure for FY 2015 and beyond. VI. STATUS OF PREVIOUS ACTION ITEMS: None VII. ITEMS FROM COMMISSIONERS: C/Pincher said she and her neighbors were having problems with their trash cans and green waste containers flowing downhill when it is raining hard. OCTOBER 11, 2012 PAGE 9 T&T COMMISSION VC/Mok asked if there was a problem with the signal at Grand Avenue and Diamond Bar Center Drive because it seems to malfunction frequently. AE/Malpica responded that when he noticed it red flashing this morning he consulted with the engineer who told him it was possible it had to do with some ongoing Edison issues at this particular intersection. After conducting their initial survey Edison concluded that there were issues along their feeding line. The signal has been working fine since that time until this morning and staff will be studying the matter to see if it is an Edison related problem. The signal is in working order and staff believes it is still an issue with the feeding line. Staff will contact Edison to see if they can do a further assessment. VC/Mok encouraged everyone to study initiatives, measures and the candidates and vote wisely. Chair/Carrera stated that as of October 2nd, Commission House submitted his resignation. Kevin was deeply committed and highly professional in his work on the Commission and it is sad that his new position with his company will not allow him to continue on the serving on the Commission. VIII. INFORMATIONAL ITEMS: A. Copley Drive Crosswalk Beacon & Foothill Transit Bus Stop Relocation — AE/Malpica said that he filed the Notice of Completion on October 2"d. Thirty days after recordation of the NOC, staff will release the retention and soon after that, the project will be closed. B. Golden Springs Drive Drainage Improvement Project— SE/Young reported that the project is substantially complete. The only items left to complete are the final coat of striping and installation of the raised pavement markers. Staff anticipates taking the Notice of Completion to Council by the first meeting in November. PWD/Liu referred to an email from C/House that addressed his concerns about the signal timing and circulation at DBHS. Upon receipt of his request, staff commenced to study the intersection. There is no problem with the signal at Brahma Road; however, staff is working with the Sheriff's Department and will eventually discuss this matter with the high school officials. IX. SCHEDULE OF FUTURE CITY EVENTS: As stated in the agenda. Chair/Carrera said he looks forward to Election Day and the Veteran's Day Recognition Ceremony at the Diamond Bar Center in November. OCTOBER 11, 2012 PAGE 10 T&T COMMISSION ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/Carrera adjourned the meeting at 8:30 p.m. The foregoing minutes are hereby approved this � 4 day of AINWeF� 2012. Respectfully, Da ' G. iu, Secretary Attest: Chairman Ted Carrera CITY COUNCIL Agenda # 6 5 Meeting Date: November 201h, 2012 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Cityr TITLE: Ratification of Check Register ated November 01, 2012 through November 14, 2012 totaling $ 996,244.10. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 996,244.10 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 November 01, 2012 through November 14, 2012 for $ 996,244.10 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 REVIEWED BY: Finance Director Attachments: Affidavit and Check Register— 11/01/12 through 11/14/12. 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 November 01, 2012 through November 14, 2012 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $836,285.60 Com Org Support Fund $500.00 Prop A - Transit Fund $9,779.10 Prop C - Transit Tax Fund $5,829.59 Integrated Waste Mgt Fund $18,796.00 AB2766-Air Qlty Mgt Fund $7,327.50 Com Dev Block Grant Fund $593.47 LLAD 38 Fund $12,741.03 LLAD 39 Fund $12,554.41 LLAD 41 Fund $4,529.20 Capital Imp Projects Fund $87,308.20 $996,244.10 Signed: Dianna Honeywell Finance Director C M O O) O O O) O V Q y fA fA 43 c- fH ffl � fR fA 43 � fA fA 43 U fA 43 ffT L U m F O N -67—m O O O M O O O 6l -E-0-0 O O O N O 6 O O O O O Nm M O M O N N O h N V M r O � E Q ik O O � N l0 O O O N O O O N h N V O O O O O O f0 O r O O O M M N N N (O N N N M (p M Q 4 4 4 N O V V d' V V V V� M V V V N M N N V V V V V d O O O O CO O M M t(1 M O O O O M O N ❑ M M N O N O O tM'l N O O � � M N N M M N« 1 �Il V N V V 4'l O K1 V V O O O O N KJ h i0 l0 LL N Q w ❑O z m U J a U Q w m J ❑ O O J m❑ O a m❑ w� a O o o ❑ LL a ❑ O z 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FINANCIAL IMPACT: The proposed amendment would increase current lease revenues to the City by $200 per month ($2,400 annually). This increase would be subject to annual CPI increases per the terms of the existing agreement. BACKGROUND/DISCUSSION: Verizon currently leases City property at Summitridge Park to operate a wireless communications site. Verizon has requested to expand their lease area by approximately 53.85 square feet (to approximately 430 total square feet) to accommodate a backup generator system for the existing site at an additional cost of $200 per month. Staff has reviewed Verizon's request, and finds the proposal to be acceptable, provided that the applicant submit a Plot Plan application incorporating the following conditions required to secure a permit: Verizon will be required to replace/repair any affected existing landscaping, will need to protect existing trees from damage, and repair or replace impacted irrigation systems and infrastructure. The generator's enclosure shall be designed to match the existing split -faced block wall and the generator itself shall be fully screened from view. With the these terms agreed upon, staff recommends the City Council approve the Second Amendment to the License Agreement with Verizon. PREPARE BY: nn RT McLean, Assistant to the City Manager SECOND AMENDMENT TO WIRELESS COMMUNICATIONS SITE LICENSE AGREEMENT This Second Amendment to Wireless Communications Site License Agreement ("Second Amendment") is made this day of , 2012, by and between the City of Diamond Bar ("Licensor") and Los Angeles SMSA Limited Partnership, a California limited partnership d/b/a Verizon Wireless ('Licensee") with reference to the facts set forth in the Recitals below: RECITALS A. Licensor is the owner of that certain real property located at 1600 Grand Avenue, Diamond Bar, California ("Property"). B. Licensor and Licensee are parties to that certain Wireless Communications Site License Agreement dated October 31, 2006 ("Agreement"), pursuant to which Licensor granted Licensee the right to use ground space at the Property ("Premises") for the operation of a communications facility, together with the right of access to and from the nearest public right-of-way and the right to install utilities and a First Amendment to the Agreement dated April 15, 2008, which established appropriate location and landscaping and irrigation conditions for the development of the original site. C. Licensee desires to construct a generator system adjacent to its existing equipment, requiring expansion of the Premises by approximately 53.85 additional square feet. D. Licensor and Licensee desire to amend the Agreement to expand the license area to accommodate a generator system, establish new license fees, and memorialize landscaping, irrigation, and design conditions. AGREEMENT NOW THEREFORE, in consideration of the foregoing, Licensor and Licensee hereby agree to amend the Agreement as follows L Exhibits. Licensor and Licensee agree that Exhibit "A-3", which represents the plans for the generator and landscaping and irrigation improvements and/or repairs, is hereby attached to this Second Amendment and made a part hereof. 2. Licensor Consent. Subject to Licensee's compliance with the requirements set forth in this Second Amendment, Licensor hereby consents to the alterations, additions and improvements to the Property and the Premises as described depicted on the attached Exhibit "A-3". 3. Landscaping. Licensee shall repair or replace any landscaping, including grass, shrubs, trees, and other plants that is damaged or removed in the course of construction or installation of the generator system. Any impacts to the existing irrigation system resulting from the Licensee's construction efforts shall be repaired by the Licensee at Licensee's sole cost. 2 Licensor further acknowledges and agrees that Licensee shall be permitted to connect any required irrigation system repairs to Licensor's existing irrigation system for the purposes of maintaining the Landscaping. 4. License Fee. As consideration for expanding the Premises by 53.85 square feet pursuant to this Second Amendment, Licensee shall pay Licensor, in addition to the License Fee set forth in Paragraph 5, Subsection (a) of the Agreement, the sum of Two Hundred and 00/100 Dollars ($200.00) per month. This amount shall be payable concurrently with the monthly License Fee established in Paragraph 5, Subsection (a) "License Fee" of the Agreement and as specified in Section 16, Notices. This amount shall be subject to annual the Limited CPI Adjustment terms established in Paragraph 5, Subsection (b). 5. Continued Effect. Except as specifically modified by this Second Amendment, all of the terms and conditions of the Agreement and First Amendment shall remain in full force and effect. In the event of a conflict between any term or provision of the Agreement and this Second Amendment, the terms and provisions of this Second Amendment shall control. In addition, except as otherwise stated in this Second Amendment, all initially capitalized terms will have the same respective defined meaning stated in the Agreement. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Second Amendment. IN WITNESS WHEREOF, Licensor and Licensee have caused this Second Amendment to be executed by each party's duly authorized representative effective as of the date first above written. Licensor: City of Diamond Bar By: Name: James DeStefano Title: City Manager Date: Approved as to Form: Michael Jenkins, City Attorney Licensee: Los Angeles SMSA Limited Partnership, a California limited partnership dba Verizon Wireless 3 By: AirTouch Cellular, its General Partner By: Name: Keith A. Surratt Its: West Area Vice President, Network Date: Exhibit A-3 Ling -Ling Chang Mayor Jack Tanaka Mayor Pro Tem Ron Everett Council Member Carol Herrera Council Member Steve Tye Council Member November 1, 2012 21810 Copley Drive • Diamond Bar, CA 91765.4178 Core Development Services C/o: Yumi Kim 2749 Saturn Street Brea, CA 92821 (909) 839.7000 • Fax (909) 861-3117 www.DiainondBarCA.gov Verizon Wireless 15505 Sand Canyon Ave. Building D, let Floor Irvine, CA 92618 Subject: Project Approval Plot Plan No. PL 2012-517 Project Location: Dear Ms. Kim: 1600 Grand Ave. Diamond Bar, CA 91765 Your proposed project has successfully completed the Plot Plan Review process and has been approved by the Planning Division subject to the attached conditions. Your next step is to submit for plan check to our Building and Safety Division to obtain building permits, if necessary. You may contact the Building and Safety Division at (909) 839-7020 or visit their counter Monday through Thursday, 7:30 a.m. to 5:30 p.m., and Friday 7:30 a.m. to 4:30 p.m. Should you have any questions regarding the process, or if I can be of any further assistance, please feel free to contact me at (909) 839-7033, Monday through Thursday - 7:30 am to 5:30 pm, and Friday - 7:30 am to 4:30 pm. Sincerely, fosu Espine Contract Planner Attachment CC: Ryan McLean, Assistant to the City Manager GD:/Plot Plans/Grand Ave. 1600 PL 2012-517/Approval Letter 11-1-12.doc PLOT PLAN NO. PL 2012-517 Installation of Emergency Generator for Existing Wireless Telecommunications Facility 1600 Grand Avenue, Diamond Bar, CA 91765 CONDITIONS OF APPROVAL APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. This approval is for the installation of an emergency generator within additional lease area of 60 square feet, located at 1600 Grand Avenue, Diamond Bar, CA 91765 (APN 8713-030-901), as shown on plans on file with the Planning Division. 2. The approval of Plot Plan No, PL 2012-517 shall expire within one (1) year from the date of approval if the use has not been exercised as defined in accordance to Diamond Bar Municipal Code Section 22.66.050(b)(1). 3. In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents, and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Piot Pian No. PL 2012-517 brought within the time period provided by Government Code Section 66499.37. In the event the City and/or its officers, agents and employees are made a party of any such action: a. Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. b. Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 4. The construction documents submitted for plan check and/or subsequent development shall be in substantial compliance with the architectural plans approved by the Planning Division on file with the Planning Division, and thereafter maintained in conformance with such approval. 5. Prior to building plan check submittal, plans shall be corrected to accurately reflect the City of Diamond Bar's numeric address as: 21810 (not 21825). 6. The applicant shall obtain a construction and demolition permit for recycling and waste reduction, if applicable. 7. All ground -mounted mechanical equipment (e.g., diesel generator, associated equipment, etc.), and utility services shall be screened from public view from abutting streets and rights-of-way. The method of screening CD:/Plot Pians/Grand Ave. 1600 PL 2012-517/Approval Letter 11-1-12.doc shall be architecturally compatible with other site development in terms of colors, materials, and architectural style. 8. The exterior finish of the new expanded area shall match existing colors, materials, and textures of the existing enclosure [Diamond Bar Municipal Code Section 22.42.130(h)(9)] which includes wrought iron fencing and retaining block walls. 9. The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti shall be removed within 72 hours. [Diamond Bar Municipal Code Section 22.42.130(i)(1)]. 10. Any disruption in hardscape or landscape surfaces shall be replaced with like and kind material as the previously existing condition. This shall include but not be limited to: repaving, replanting, or rebuilding any affected areas relevant to the project. 11. Landscape areas adjacent to the retaining walls shall not exceed a maximum 20 percent slope draining away from the walls. 12. Prior to issuance of building permits, a revised lease agreement with the City Manager's office shall be approved to reflect approved plans and all conditions attached hereto. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Monday— Saturday between the hours of 7:00 a.m. and 7:00 p.m. 2. The project shall be protected by a construction fence to the satisfaction of the Building Official. All fencing shall be view obstructing with opaque surfaces. 3. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 4. Slope setbacks consistent with California Building Code Figure 1805.3.1 and California Residential Code R403.1.7. Foundations shall provide a minimum distance to daylight. 5. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org. CD:/Plot Plans/Grand Ave. 1600 K2012-517/Approval Letter 11-1-12.doc 6. Specific details for support of generator equipment and footing shall be provided by a registered professional engineer for review and approval by the Building Division. All equipment shall be appropriately anchored to resist lateral loads as approved by Building and Safety. 7. An AQMD permit is required for the diesel generator prior to building permit. 8. A grading plan with changes to existing grades shall be provided for plan check. 9. Retaining walls require structural design including design for lateral loads and special inspections due to height of wall. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Any work within the public right-of-way will require a separate permit from the Public Works Department. 2. A drainage and erosion control plan (2 sets) shall be submitted separately to the Public Works/Engineering Department with applicable review fee. include the attached notes and Certification on the plan (Attached). APPLICANT SHALL CONTACT THE COMMUNITY SERVICES DEPARTMENT, (909) 839-7060, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Contact Anthony Jordan, Parks and Maintenance Superintendent, at (909) 839-7060 at least seven (7) working days prior to performing any work on turf areas so water can be turned off. 2. Any turf damage or ruts from the contractor's work must be repaired by the contractor. 3. Any damage to sprinkler heads, irrigation pipes or other irrigation components from the contractor's work on the turf area must be paid for by the contractor, but repairs will be performed by the City. 4. Missing artificial leaves on the monopole shall be replaced so that the number of leaves matches the quantity on the monopole when it was first installed. 5. Existing landscaping and irrigation system on the slope, adjacent to the proposed equipment area, shall be protected in place or replaced/repaired by the contractor if damaged/destroyed. END CD:IPlot Plans/Grand Ave. 1600 PL 2012-517/Approval Letter 11-1-12.doc _ = Stormwater Best Management Practice Certification For All Construction Activities Project Name Building/Grading Permit # Project Location Owner Name Contactor Name Owner Address Contractor Address Owner Phone Contactor Pbone Owner FAX/Email Contractor FAX/EmaiI Background: To meet the requirements of the Los Angeles County Municipal Stormwater Permit (NPDES no. CAS004001 Order No. 01-182), minimum requirements for sediment control, erosion control and construction activities must be implemented on each project site. Instructions: The following conditions shall be either incorporated as Notes or attached to the approved conshuction/grading plans and represent the minimum standards of good housekeeping which must be implemented on all construction projects. Minimum Requirements to prevent Sediment and Pollutant transport from the site to streets, drainage facilities, receiving waters or adjacent properties by wind or runoff: • Sediment Control: o Eroded sediments generated on the project site shall be retained on site using Best Management Practices (BMPs) and may not be transported from the site via sheet flow, swak s, area drains, natural drainage course or wind. o Vehicle traffic may not track sediments and other materials from the site, The construction entrance roadways must be stabilized so as to inhibit sediments from being deposited into the public way. o Accidental depositions must be swept up immediately and may not be washed down by rain or by any other means. o Catch Basins must be protected when working nearby. o Slopes/Hillside susceptible to erosion shall be controlled either by covering with gravel bags or planting and maintenance of vegetation. Construction Materials Control: Construction -related materials, wastes, spills, or residues shall be retained at the project site. o Excess or waste concrete may not be washed into the public way or any drainage system. Provisions shall be made to retain concrete wastes on-site until they can be appropriately disposed of or recycled. Vacuum all concrete saw cutting, o Trash and construction -related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind. o Fuels, oils, solvents and other toxic materials must be stored in accordance with their listing and are not to contaminate the soil nor the surface waters. All approved toxic storage containers are to be protected from the weather. Spills must be cleaned up immediately and disposed of in a proper manner. Spills may not be washed into the drainage system. Leaking equipment must be repaired immediately. o Stockpiles of earth and other construction -related materials must be protected from being transported from the site by wind or water and must be covered with tarps or plastic and held down with gravel bags. • Non Storm Water Runoff: Non -storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site, BMP Examples: Examples of erosion and sediment control BMPs for construction sites can be found at www.cabmphandbooks.com. Additional Requirements: Construction activity which disturbs one acre or greater soil will need to submit a Notice of Intent (NOI) to the Regional Water Quality Control Board found at lid://warvv.swreb.ca.ggv/stormwtr/construction.htlnl (at Construction General Permit and Forms) and provide the City with a copy of the NOI and check. A local Storm Water Pollution Prevention Plan will need to be submitted to the City prior to grading permit approval. Instructional information can also be obtained from Public Works upon request. Certification: As the architect/engineer, contractor and project owner of record I certify that the selected BMPs must be installed, monitored, and maintained to ensure their effectiveness. I have read and understand the requirements listed above, necessary to control storm water pollution from sediments, erosion, and construction materials, and I certify that I will comply with these requirements. Architect/Engineer or Contractor of Record (if applicable) Architect/ Engineer or Contractor of Record Signature Legal Landowner Name Legal Landowner Date Last Updated 1-8-2008 Drainage Notes: 1. Flow lines on concrete surface shall bava a minimum 1% slope and flow lines on landscape surface shall be a minimum 20/0 slope. 2. Concrete and Landscape areas adjacent to the building shall be at a 2% min slope and max 20% slope draining away from the building. (See Detail) 3. Sheet flow on concrete surfae�sb vas-slepe• q'o-eatl.sheatflalandscape surface shall have a minimum slope of 2%. 4. The flowline shall be located at a minimum 3' ftomthe side of the building and 5' min. from the back of the building. 5. Draining onto adjacent property is net permitted EL _BRAD_ ELM Additional Erosion Control Notes: 1. In case of emergency call_ 0% MAX. 2• The inspector reserves the right to change/add to the approved erosion control plan as needed 3. Protect the nearest downstream street curb inlet with gravel bags and hardware/filter cloth ' 4. Gratc type yard catch basins must be encircled with gravel bags having (1) one layer for each foot of width of catch basin. 8�12) HAM Mloff z ass WOE FM MME � MH MADE SECTION s -a e TYPICAL SECTION - GRAVEL BAGS CITY COUNCIL Agenda # ti 7 Meeting Date: November 20, 2012 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana dei a TITLE: Amendment No. 3 to a Professional Services Agreement with Go Live Technology, Inc. for a total FY 2012/2013 authorization amount not -to -exceed $80,000, to implement enhanced functionality and support of the "CityView System. Recommendation: Approve Financial Impact: $15,000 was appropriated for FY 2012/2013 for preliminary work on the "CityView System", and the City has already encumbered those funds. The City has currently realized sufficient saving in the FY 2012/2013 Law Enforcement budget, to cover the estimated $25,000 for the False Alarm Tracking System. Sufficient Computer Equipment Replacement Funds exist to fund the additional costs ($40,000) for the proposed work. Background/Discussion: Go Live Technology, provides general software and fee update support to the City for the CityView application, and have done so successfully since September of 2006. Prior to this fiscal year, Go Live Technology has been paid $427,575 for their services under the Initial Contract and Amendments No 1 and No. 2. In October of 2012, City Staff along with Go Live Technology completed a major upgrade of the CityView application software. After the upgrade, additional functionality became available in the Software. With this new CityView functionality, the City will be able to implement the functionality necessary to capture, generate, and collect code enforcement fees. However, to implement that functionality, and the others listed below, the City will need additional professional services. Additionally the City needs to Re -Map the existing Building and Safety, Planning, Code Enforcement and Public Works fees as named in the CityView application, to the Fee Names as listed in the City's ordinance, and complete the semi-annual fee schedule updates. This investment will lower future fee -update support costs. The City would also like to implement the recently available CityView "Master Project" functionality, as described below: Description: Configure, test, and implement "Master Project" functionality within City View. Benefit: This new functionality will link sub -projects (permits, code violations, etc) from all other city view modules, to a single Master project, thus allowing users throughout the organization to more easily identify all activity on that parcel. Additionally, the City has a need for a "False Alarm Tracking System" (FATS). The primary goal of FATS is to replace and automate the current labor-intensive paper-based system with a computer- based system that can be accessed by both City and Sheriff Personnel. Requirements Summary Following is a summary of the high-level requirements for the new system: • Process alarm incidents • Calculate fees • Generate renewals • Print invoices and notices • Interface with the City's accounting system for billing purposes • Accessible by City and Sheriff Personnel • Maintain code/list tables • Maintain users and application security The system will also track: • Alarm systems • Businesses • Owners • Addresses • Phone numbers • Emergency information • Service agreements • And other information TBD 2 The recently upgraded CityView application has functionality (similar to that in the "Code Enforcement" module) which can be leveraged to provide this new functionality at a greatly reduced cost to the City, as we do not have to purchase additional software or increase annual software maintenance costs. As shown in Exhibit A of the Attached Amendment: Go Live Technology estimates the total price for services proposed below at $40,000 and the City will be invoiced for actual hours used, upon completion of each of the following Request for Services. RFS# 001 ($6,300) Requested by: Raymond Tao Building Department Description: Update City View Fee schedule: Valuations feed to be updated twice per year and general fees updated annually. Benefit: To ensure that accurate fees are being updated in accordance with the City's adopted fee schedule and ICC valuation tables RFS# 003 ($3,700) Requested by: Greg Gubman Community Development Description: Configure, test and implement "Master Project' functionality within City View. Benefit: This new functionality will link sub -projects (permits, code violations, etc) from all other city view modules, to a single Master project, thus allowing users throughout the organization to more easily identify all activity on that parcel. RFS# 004 ($4,000) Requested by: Greg Gubman Community Development Description: Configure, test and implement system generated fees for Code Enforcement. Benefit: Currently, there is no process in place to capture, generate or collect on code enforcement fees. Project would increase revenue to the city. RFS# 005 ($18,000) Requested by: Greg Gubman Community Development Description: Scope False Alarm tracking process using City View Code Enforcement module and identify method to import data file for LA County Sheriffs Department Benefit: Currently, there is no process in place to capture, generate and collect on False Alarms. Project would increase revenue to the city. Phase 1, Scope; Phase 2 Project. RFS# 006 ($8,000) Requested by: Raymond Tao Building Department Description: Re -format entire Fee Schedule to map directly with City Ordinances (will require name changes, additional fee types to be added, new descriptions, configuration, testing, etc.) Benefit: Will ensure that fee calculation formulas are configured correctly and are therefore generating accurate fees. Project will also focus on ensuring that fee descriptions in City View are mapped to the current fee descriptions in the City Ordinance. Go Live Technology has always been very good on their estimates; however, it is in the City's best interest to allocate and additional $10,000 to cover change -orders that may be requested as the projects progress. Additionally the City has already encumbered the previously allocated funds and staff believe that General Support need from Go Live Technology will likely be another $15,000 within this fiscal year. Financial Summary: Fiscal Year to date $15,000 Proposed Projects Project Contingency Remaining Fiscal Year FY 2012/2013 Total: Prepared by en Desforgds, Director Information Systems $40,000 $10,000 $15,000 $80,000 Reviewed by: A Dianna Honeywell, Director of Finance Attachments: Amendment No. 3 to Go Live Technology contract 4 AMENDMENT NO. 3 TO THE CITY'S CONSULTING SERVICES AGREEMENT WITH GO LIVE TECHNOLOGY, INC. This Amendment No. 3 to the City's Consulting Services Agreement is made and entered into this Day of November, 2012, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and Go Live Technology, Inc. (hereinafter referred to as "Consultant".) A. Recitals: (i) The City has heretofore entered into an agreement, dated September 29, 2006, and subsequently amended by Amendment No.1 on 2/5/2008, and Amendment No. 2 on 2/19/2009, with Consultant to provide consulting services for Professional Services for the implementation and support of Municipal Software Corporation's CityView product (hereinafter referred to as the "Agreement".) (ii) The project implementation will now conclude in June 2013, instead of June 2008. (iii) It is in the City's best interest to extend the Agreement in order to ensure consistency and continuity of the services already being provided by Consultant. NOW THEREFORE, it is agreed by and between City and Consultant that the following sections are hereby amended to read as follows: "2 Term of Agreement. July 1, 2012 —June 30, 2013. However, no work may commence prior to Consultant completion of responsibilities under section 9. Insurance and shall continue until completion of the project" 1 Compensation. City agrees to compensate Consultant for each service Consultant performs to the satisfaction of the City in compliance with the schedule set forth in Exhibit "A" Payment will be made only after submission of proper invoices in the form specified by City, at the rate(s) specified in Exhibit "B", in amount not to exceed $80,000. Each party to this Amendment No. 3 acknowledges that no representation by any party, which is not embodied herein, or any other agreement, statement, or promise not contained in this Amendment No. 3 shall be valid and binding. Any modification of this Amendment No. 3 shall be effective only if it is in writing signed by the parties. All other terms and conditions of the agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 as of the day and year first set forth above: Consultant: Go Live Technology, Inc. Richard Chenette, Consultant Approved As To Form: City Attorney City of Diamond Bar James DeStefano, City Manager Attest: City Clerk Exhibit "A" Scope of Services: Go Live Technology, Inc. will provide Consultants to the City of Diamond Bar on an "as needed basis" for support of the CityView Application. (Not -to -Exceed $80,000 in FY 2012/2013) Common services include semi-annual fee updates, staff training and support, vendor management, etc. Go Live Technology, Inc. has extensive experience implementing and supporting ERP applications including MS Governs City View application suite. Go Live Technology estimates the total price for services proposed below at $40,000 and the City will be invoiced for actual hours used, upon completion of each of the following Request for Services. RFS# 001 ($6,300) Requested by: Raymond Tao Building Department Description: Update City View Fee schedule: Valuations feed to be updated twice per year and general fees updated annually. Benefit: To ensure that accurate fees are being updated in accordance with the City's adopted fee schedule and ICC valuation tables RFS# 003 ($3,700) Requested by: Greg Gubman Community Development Description: Configure, test and implement "Master Project" functionality within City View. Benefit: This new functionality will link sub -projects (permits, code violations, etc) from all other city view modules, to a single Master project, thus allowing users throughout the organization to more easily identify all activity on that parcel. RFS# 004 ($4,000) Requested by: Greg Gubman Community Development Description: Configure, test and implement system generated fees for Code Enforcement, Benefit: Currently, there is no process in place to capture, generate or collect on code enforcement fees. Project would increase revenue to the city. RFS# 005 ($18,000) Requested by: Greg Gubman Community Development Description: Scope False Alarm tracking process using City View Code Enforcement module and identify method to import data file for LA County Sheriffs Department Benefit: Currently, there is no process in place to capture, generate and collect on False Alarms. Project would increase revenue to the city. Phase 1, Scope; Phase 2 Project. RFS# 006 ($8,000) Requested by: Raymond Tao Building Department Description: Re -format entire Fee Schedule to map directly with City Ordinances (will require name changes, additional fee types to be added, new descriptions, configuration, testing, etc.) Benefit: Will ensure that fee calculation formulas are configured correctly and are therefore generating accurate fees. Project will also focus on ensuring that fee descriptions in City View are mapped to the current fee descriptions in the City Ordinance. Exhibit "B" Payment Schedule: Terms are net 30 on invoices submitted with approved contractor time cards. Billing rate(s) for the City of Diamond Bar: All Contractors $75.00 per hour" "Includes all Federal and State payroll taxes, company benefits, etc... CITY COUNCIL Agenda # 7.1 Meeting Date: November 20, 2012 AGENDA REPORT TO: Honorable Mayor and Memb rs of the City Council VIA: James DeStefano, City Ma TITLE: RESOLUTION 2012 -XX, A RESLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ES ABLISHING AND ADOPTING FEES FOR INDUSTRIAL WASTE, SELF -HAULING, & LIMITED COLLECTION PERMITS RECOMMENDATION: Adopt. FISCAL IMPACT: If approved, the fees associated with industrial waste, self -hauling, and limited collection permits will not exceed the cost of processing permits and/or conducting inspections, as applicable. BACKGROUND / DISCUSSION: Industrial Waste Permits Any business which generates, handles, or disposes of industrial wastewater must obtain an industrial waste disposal permit. This process ensures that facilities are designed so as to not create a nuisance, menace the public peace, health or safety, or impact the public sewer system, soil, underground or surface waters. Since 1990, the City has contracted with the County of Los Angeles to administer industrial waste permits and inspections. As the service provider, the County collects the City's established fees for service, returns the collected fees as revenue, and then bills the City at the most current County rate. The City's current rates are based on 1989 County rates used at the time of the approval of the agreement and adoption of the ordinance. Since then, the County has completed comprehensive adjustments to its rates, widening the deficit between fee revenues and billing statements. In other words, the County charges the City more than it collects from the applicant. Over the years, the City's subsidization of Industrial Waste fees has ranged from $6,898.21 to $12,387.27 (a one-time credit of $5,281.42 occurred in FY 11-12). To eliminate the City's subsidization of industrial waste permit and inspection contract services, staff recommends the Council implement an adjusted schedule with fees matching those currently adopted by the County. If adopted, the schedule would be subject to the same annual CPI adjustment provisions of the City's other user fees, remaining revenue neutral going forward. Adopting a new industrial waste fee schedule that matches the County's current rates will result in increases to nearly all the fees in the category (see the attached chart comparing fees). However, there are two fees that are currently slightly above the proposed rates that will be reduced to match the County's schedule (highlighted on Attachment A). Because industrial waste permits and inspections are offered completely by a contractor (the County) without any participation by City staff, it is appropriate for the end user to pay the true cost of the service. This philosophy has been adopted previously by the Council, specifically in the case of public works projects that require the services of a contract engineer. Staff recommends the Council adopt the proposed rate adjustments by adopting the attached resolution. Self -Hauling & Limited Collection Permits In 2010, the City Council approved and adopted the Solid Waste and Recyclable Materials Ordinance, establishing a comprehensive set of requirements and standards related to solid waste/refuse/recyclables collection in Diamond Bar. The newly adopted ordinance replaced the antiquated 1990 version and brought the City's regulations current with the most recent franchise agreements with Waste Management and Valley Vista. The ordinance also provides two specific options for those that wish to bypass the services of the City's franchisees. In addition to providing residents and businesses with additional solid waste/refuse service options, the following permits provide a mechanism to monitor and regulate solid waste collection and disposal to ensure proper diversion methods are used throughout Diamond Bar. • Self -Hauling permits - Issued to residents or businesses that wish to personally remove solid waste/refuse from the premises, bypassing the services of the franchise haulers. Those with valid self -hauling permits must deposit solid waste/refuse only at licensed disposal facilities and are subject to the City's detailed reporting requirements. It should be noted that as of this writing, no self - hauling permit applications have been submitted to the City, and staff expects future interest to be extremely limited. Limited Collection permits - Issued to companies that perform services not otherwise covered by the franchisees. Such services may include electronic waste recyclers and construction and demolition haulers, among others. The Solid Waste Ordinance provides that Limited Collection permittees are subject to an annual fee in an amount determined by resolution of the City Council. In the event a resident or business applies for and is issued either of these permits as provided by the ordinance, the City inherits significant monitoring responsibilities for the life of the respective permit. Staff must review and approve various reports, including documentation of type, quantity, volume, weight, frequency of disposal and destination of solid waste for each reporting period on an ongoing basis. This additional workload, which is directly related to the issuance of a permit to an individual, generates additional cost to the City that should be offset by appropriate permit fees. Therefore, staff recommends the following annual fees be approved and inserted into the City's fee schedules via adoption of the attached resolution. Permits shall be valid for one calendar year (Jan. -Dec.), with fees established on a prorated basis based on the date of issuance. If approved, the new fees will become effective immediately. Self -Hauling Permit: Limited Collection Permit: January -March: $200 April -June: $150 July -September: $100 October -December: $50 January -March: $200 April -June: $150 July -September: $100 October -December: $50 The proposed fees have been reviewed and approved by the City Attorney. Prepared by: va, Ry cLean, Assistant to the City Manager Attachment: 1. Industrial Waste Fee Comparison Chart RESOLUTION 2012 -XX, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AND ADOPTING FEES FOR INDUSTRIAL WASTE, SELF -HAULING, & LIMITED COLLECTION PERMITS RESOLUTION 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AND ADOPTING FEES FOR INDUSTRIAL WASTE, SELF - HAULING, & LIMITED COLLECTION PERMITS A. RECITALS WHEREAS, the City Council of the City of Diamond Bar has heretofore established various schedules of rates, fees, and charges for the processing of applications, permits, and other municipal services; and WHEREAS, pursuant to the Constitution and state laws of the State of California, the City of Diamond Bar is authorized to adopt and implement rates, fees, and charges for municipal services provided the rates, fees, and charges do not exceed the estimated reasonable cost of providing such services; and WHEREAS, the City's fees for Industrial Waste, Self -Hauling, and Limited Collection permit services shall be established to offset ongoing business costs related to permit administration and to meet the provisions of the Industrial Waste and Solid Waste & Recyclable Materials Ordinances; and WHEREAS, the City Council desires to implement fees for Industrial Waste, Self - Hauling, and Limited Collection permit services by the City of Diamond Bar as set forth herein; and WHEREAS, California Government Code Section 66016 requires notice to be published in advance and data made available concerning rates, fees, and charges prior to the City Council conducting an open and public meeting with respect to the adoption of increases in rates, fees, and charges or the adoption of new rates, fees and charges for various municipal services; and WHEREAS, Pursuant to California Government Code Section 66016, the City Council has met the noticing requirements and considered the matter in an open and public meeting prior to the adoption of this Resolution; and B. RESOLUTION THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar as follows: SECTION 1. The City Council hereby finds and determines that, based upon the data, information, analyses, and testimony presented and contained in the corresponding staff report, concerning the fees described in Exhibit A attached hereto and by this reference incorporated herein, the fees set forth in said Exhibit A do not exceed the estimated reasonable cost of providing the service for which it is levied. SECTION 2. The rates, fees, and charges set forth in Exhibit A are hereby adopted and approved as the fees for the services identified. SECTION 3. The fees set forth in Exhibit A shall be effective and implemented upon adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 20th day of November, 2012. Ling -Ling Chang, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the 20th day of November, 2012, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk City of Diamond Bar Exhibit A The City of Diamond Bar's 2012-13 Public Works & Engineering Department Fee Schedule is amended to include the following fees: Limited Collection Permit (valid one calendar year) $200.00 Issued Jan. -Mar. $150.00 Issued Mar. -Jun. $100.00 Issued Jul. -Sept. $50.00 Issued Oct. -Dec. Self Hauling Permit (valid one calendar year) $200.00 Issued Jan. -Mar. $150.00 Issued Mar. -Jun. $100.00 Issued Jul. -Sept. $50.00 Issued Oct. -Dec. INDUSTRIAL WASTE FEE SCHEDULE 2012-13 ACTION FEE Industrial Waste Inspection Type I12, Class A $298.00 Type 106, Class B $587.00 Type 104, Class C $883.00 Type I03, Class D $1,172.00 Type 102, Class E $1,377.00 Type 101, Class M $2,914.00 Rainwater Diversion System, Type D, Class X $249.00 Permit Application, New Type A01-06, Sewer $454.00 Type A07-12, Onsite $555.00 Type A13-18, Offsite $608.00 Permit Application, Revision Type MO1-06, Sewer $304.00 Type M07-12, Onsite $454.00 Type M13-18, Offsite $404.00 Plan Review, New, Sewer Type P01, Class 1 $760.00 Type P02, Class 2 $964.00 Type P03, Class 3 $1,165.00 Type PO4, Class 4 $1,367.00 Type P05, Class 5 $1,572.00 Type P06, Class 6 $1,775.00 Plan Review, New, Onsite Type P07, Class 1 $861.00 Type P08, Class 2 $1,063.00 Type P09, Class 3 $1,265.00 Type P10, Class 4 $1,471.00 Type P11, Class 5 $1,877.00 Type P12, Class 6 $2,180.00 Plan Review, New, Offsite Type P13, Class 1 $809.00 Type P14, Class 2 $1,014.00 Type P15, Class 3 $1,217.00 Type P16,Class 4 $1,418.00 Type P17, Class 5 $1,620.00 Type P18, Class 6 $1,825.00 Plan Review, Revision, Sewer Type R01, Class 1 $555.00 Type R02, Class 2 $760.00 Type R03, Class 3 $964.00 Type R04, Class 4 $1,165.00 Type R05, Class 5 $1,367.00 Type R06, Class 6 $1,572.00 Plan Review, Revision, Onsite Type R07, Class 1 $658.00 Type R08, Class 2 $861.00 Type R09, Class 3 $1,063.00 Type R10, Class 4 $1,265.00 Type R11, Class 5 $1,471.00 Type R12, Class 6 $1,877.00 Plan Review, Revision, Offsite Type R13, Class 1 $608.00 Type R14, Class 2 $809.00 Type R15, Class 3 $1,014.00 Type R16, Class 4 $1,217.00 Type R17, Class 5 $1,418.00 Type R18, Class 6 $1,620.00 Closure Inspection, Type C01 -C18 $473.00 All Classes Site Remedial & Cleanup Plan Review $421.00 Initial Deposit Site Remediation/Per Hour $106.00 Off Hours Inspection/Per Hour $231.00 Inspection For Which No Fee Is Indicated $298.00 Additional Plan Review/Per Hour $106.00 Wastewater Sampling $298.00 Industrial Waste Fees 10/24/2012 Diamond Bar vs. County Fees for FY 2012-2013 Fee Type Class Diamond Bar Charges Unincorporated County Charges Difference Percent Difference Industrial Waste Inspection 112 A $ 177.00 $ 298.00 $ (121.00) 68.36% 106 B $ 348.00 $ 587.00 $ (239.00) 68.68% 104 Class $ 521.00 $ 883.00 $ (362.00) 69.48% " 103 D $ 694.00 $ 1,172.00 $ (478.00) 68.88% 102 E $ 1,040.00 $ 1,377.00 $ (337.00) 32.40% " 101 M $ 2,073.00 $ 2,914.00 $ (841.00) 40.57% Permit Application, New A01-06 Iwo Sewer $ 337.00 $ 454.00 $ (117.00) 34.72% " A07-12 Onsite $ 523.00 $ 555.00 $ (32.00) 6.12% " A13-18 Offsite $ 495.00 $ 608.00 $ (113.00) 22.83% Permit Application, Revision M01-06 Sewer $ 220.00 $ 304.00 $ (84.00) 38.18% " M07-12 Onsite $ 316.00 $ 454.00 $ (138.00) 43.67% " M13-18 Offsite $ 300.00 $ 404.00 $ (104.00) 34.67% Plan Review, New, Sewer P01 1 $ 502.00 $ 760.00 $ (258.00) 51.39% " P02 2 $ 633.00 $ 964.00 $ (331.00) 52.29% " P03 3 $ 793.00 $ 1,165.00 $ (372.00) 46.91% " PO4 4 $ 873.00 $ 1,367.00 $ (494.00) 56.59% " P05 5 $ 1,278.00 $ 1,572.00 $ (294.00) 23.00% " P06 6 $ 1,639.00 $ 1,775.00 $ (136.00) 8.30% Plan Review, New, Onsite P07 1 $ 686.00 $ 861.00 $ (175.00) 25.51% P08 2 $ 856.00 $ 1,063.00 $ (207.00) 24.18% " P09 3 $ 1,094.00 $ 1,265.00 $ (171.00) 15.63% P10 4 $ 1,211.00 $ 1,471.00 $ (260.00) 21.47% " P11 5 $ 1,783.00 $ 1,877.00 $ (94.00) 5.27% Plan Review, New, Offsite P13 1 $ 553.00 $ 809.00 $ (256.00) 46.29% P14 2 $ 680.00 $ 1,014.00 $ (334.00) 49.12% P15 3 $ 856.00 $ 1,217.00 $ (361.00) 42.17% " P16 4 $ 944.00 $ 1,418.00 $ (474.00) 50.21% " P17 5 $ 1,397.00 $ 1,620.00 $ (223.00) 15.96% " P18 6 $ 1,792.00 $ 1,825.00 $ (33.00) 1.84% Plan Review, Revision, Sewer R01 1 $ 397.00 $ 555.00 $ (158.00) 39.80% R02 2 $ 487.00 $ 760.00 $ (273.00) 56.06% " R03 3 $ 612.00 $ 964.00 $ (352.00) 57.52% " R04 4 $ 680.00 $ 1,165.00 $ (485.00) 71.32% R05 5 $ 985.00 $ 1,367.00 $ (382.00) 38.78% R06 6 $ 1,261.00 $ 1,572.00 $ (311.00) 24.66% Plan Review, Revision, Onsite R07 1 $ 531.00 $ 658.00 $ (127.00) 23.92% " R08 2 $ 658.00 $ 861.00 $ (203.00) 30.85% " R09 3 $ 837.00 $ 1,063.00 $ (226.00) 27.00% R10 4 $ 930.00 $ 1,265.00 $ (335.00) 36.02% R11 5 $ 1,377.00 $ 1,471.00 $ (94.00) 6.83% R12 6 $ 1,773.00 $ 1,877.00 $ (104.00) 5.87% Industrial Waste Fees 10/24/2012 Diamond Bar vs. County Fees for FY 2012-2013 Fee Type Class Diamond Bar Charges Unincorporated County Charges Difference Percent Difference Plan Review, Revision, Offsite R13 1 $ 397.00 $ 608.00 $ (211.00) 53.15% " R14 2 $ 487.00 $ 809.00 $ (322.00) 66.12% R15 3 $ 612.00 $ 1,014.00 $ (402.00) 65.69% " R16 4 $ 680.00 $ 1,217.00 $ (537.00) 78.97% " R17 5 $ 985.00 $ 1,418.00 $ (433.00) 43.96% " R18 6 $ 1,231.00 $ 1,620.00 $ (389.00) 31.60% Closure Inspection C01 -C18 ALL $ 177.00 $ 473.00 $ (296.00) 167.23% Site Remedial and Cleanup Plan Review Initial Deposit $ 94.00 $ 421.00 $ (327.00) 347.87% Site Remediation/hr $ 94.00 $ 106.00 $ (12.00) 12.77% Off -HRS Inspection/hr $ 151.00 $ 231.00 $ (80.00)1 52.98% Inspection for which no fee is indicated $ 264.00 $ 298.00 $ (34.00) 12.88% Additional Plan Review/hr $ 94.00 $ 106.00 $ (12.00)1 12.77% Wastewater Sampling $ 264.00 $ 298.00 $ (34.00) 12.88% KEY DB Fee higher than County Fee DB Fee is Lower than County Fee TO: FROM: ADDRESS: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK ORGANIZATION: AGENDA#/SUBJECT: PHONE: I 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. L' Signature This document is a public record subject to disclosure under the Public Records Act. IT ` 111 t98� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: Mtt�6 NI 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. j Citi'- &M. ,L`(,` a Signature This document is a public record subject to disclosure under the Public Records Act. UNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK � FROM: DATE: ADDRESS: i } -IAA' Vs `j k, PHONE: _ ORGANIZATION: ^ AGENDA#/SUBJECT: /V//e / ki?) r �j ` "q&;�; /,tel expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK DATE: II \L 2-1,%0 PHONE: 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. 'gna e This document is a public record subject to disclosure under the Public Records Act.