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01/03/2006 - Agenda - Regular Meeting
too*itv Council Agenda Tuesday, January 3, 2006 5:00 p.m. — Closed Session CC -8 5:30 p.m. — Study Session 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 Mayor Carol Herrera Mayor Pro Tem Bob Zirbes Council Member Wen Chang Council Member Jack Tanaka Council Member Steve Tye City Manager Linda C. Lowry City Attorney Michael Jenkins City Clerk Linda C. Lowry Copies of staff reports or other written documentation relating to agenda items are on file in the office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages yoga to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City Council are open to the public and are cablecast live on Channel 3. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period, address the Council on any consent calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posing locations, on DBTV Channel 3, and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with access the podium in order to make a public comment. available by providing the City Clerk three business days Please telephone (909) 839-7000 between 7:30 a.m. Thursday and 7:30 a.m, to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS mobility impairments who cannot Sign language interpretation is ' notice in advance of a meeting. and 5:30 p.m. Monday through Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 CITY OF DIAMOND BAR CITY COUNCIL AGENDA January 3, 2006 Next Resolution No. 2006-01 Next Ordinance No. 01 (2006) CLOSED SESSION: 5:00 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54956.9(c) - 1 case STUDY SESSION: 5:30 p.m., Room CC -8 ► Zone Change No. 2005-01 for Commercial and Industrial Zones ► Library Survey ► Tax Sharing Agreement with Country Hills Towne Center Public Comments 1. CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Darlene Jones, Pastor of Outreach Diamond Canyon Christian Church ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes, Mayor Herrera 2. APPROVAL OF AGENDA: Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: BUSINESS OF THE MONTH: 3.1 Presentation of City Tile to Vons Manager Ron Rios, as Business of the Month, for the month of January, 2006 and display of slides. JANUARY 3, 2006 PAGE 2 CITY MANAGER REPORTS AND RECOMMENDATIONS: 4. 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 Cleric (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 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 Holiday Tree Curbside Collection Program -- December 26, 2005 through January 13, 2006. Trees free of decorations may be left at the curb for free pickup during this period. 5.2 Planning Commission Meeting — January 10, 2006 -- 7:00 p.m Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.3 Neighborhood Traffic Management Program Meeting —January 10, 2006 — 7:00 p.m. (for neighborhoods of Cameron Crest Dr./Maple Spg. Dr., and Golden Prados Dr./Sabana Dr. along north side of Golden Spgs. Dr) Diamond Bar Community Center Pine Room, 1600 Grand Ave. 5.4 State of the City Address — January 12, 2006 — 6:00 p.m., Diamond Bar Center, 1600 Grand Ave. 5.5 Traffic and Transportation Commission Meeting — January 12, 2006 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.6 City Council Meeting — January 17, 2006 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.7 Neighborhood Traffic Management Program Meeting -- January 19, 2006 — 7:00 p.m. (for neighborhoods of Armitos Pl., between Pantera Dr. and Top Ct. and Pantera Dr. between Armitos PI. and Bowcreek Dr.), Diamond Bar Community Center Pine Room, 1600 Grand Ave. JANUARY 3, 2006 PAGE 3 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of December 6, 2005 — Approve as submitted. 6.2 Planning Commission Minutes: 6.2.1 Study Session of November 8, 2005 — Receive and File. 6.2.2 Regular Meeting of November 8, 2005 — Receive and File 6.3 Ratification of Check Register— Ratify Check Register containing checks dated December 8 through December 22, 2005 totaling $1,224,496.95. 6.4 Treasurer's Statement - month of November, 2005 Recommended Action: Review and Approve. Requested by: Finance Department 6.5 Accept Work Performed by Environmental Construction, Inc. for Construction of Landscaping and Irrigation Improvements at Various Medians and Construction of Two Picnic Shelters at Pantera Park; Direct City Clerk to File the Notice of Completion and Release Retention Thirty-five Days after Recordation Date. Recommended Action: Accept. Requested by: Community Services Department 6.6 Authorize City Manager to Enter into a Professional Service Agreement with P & D Consultants for Providing Consulting Service to Annex Approximately 100 Acres in the Crestline Dr. Area into the City for a Total Contract Amount of $129,575 Plus a 10% Contingency of $12,957.50 for Total Authorization of $140,532.50. Recommended Action: Authorize. Requested by: Community Development Department JANUARY 3, 2006 PAGE 4 6.7 Second Reading of Ordinance No. 10(2005) Approving Zone Change No. 2004-01 — A Request to Change the Zoning From Neighborhood Commercial (C-1) to Community Commercial (C-2) Consistent with the General Plan Commercial Designation for the Country Hills Towne Center Located at the West Side of Diamond Bar Blvd. Between Cold Springs Ln. and Fountain Spgs. Rd. Recommended Action: Approve Second Reading and Adopt. Requested by: Community Development Department 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard 7.1 Public Hearing — Resolution No. 2006 -XX Approving the Community Development Block Grant Program Allocation of $383,090 for FY 2006- 07. Recommended Action: Open the Public Hearing and continue the Public Hearing to January 17, 2006 Regular Meeting. Requested by: Community Development Department 8. COUNCIL CONSIDERATION: 8.1 Approve First Reading by Title only, Waive full Reading of Ordinance No. 0X(2006) Amending Section 12.00.420 of the Diamond Bar Municipal Code to Permanently Allow Non -Motorized Scooters to Use the Skate Park at Peterson Park. Recommended Action: Approve First Reading. Requested by: Community Development Department 8.2 City Council Appointments. Recommended Action: Approve appointments. Requested by: Mayor Herrera 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Meeting will be adjourned in memory of Richard Scot Ortiz. INTEROFFICE MEMORANDUM Study Session #1 DIAMOND BAR COMMUNITY & DEVELOPMENT SERVICES PLANNING DIVISION TO: Mayor and Members of the City Council FROM: Ann J. Lungu, Associate Planner L1 MEETING DATE: January 3, 2006 SUBJECT: Study Session for Zone Change No. 2005-01 for Commercial and Industrial zones Government Code Section 65860 requires that the City zoning be consistent with the General Plan. Therefore, the proposed request is the first of a series of zone changes that staff has initiated for General Plan consistency. The purpose of the study session is to familiarize the City Council with the proposed zone changes in various part of the City. Attached is a Zone Change Matrix that identifies each property by number which is referenced on the General Plan Land Use Map, Assessor Parcel Number (APN) and a brief description of the property location. The matrix also provides the General Plan land use designation, existing zoning, proposed zoning and reason for the zone change. 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CDctU 0 Q7 Z 0 E J 0 c 0 N 7z 03 I 4-+ aA cn ,� r� ZONE CHANGE NO. 2005-01 MATRIXICOMMERCIAUINDUSTRIAL (Without General Plan Amendment) November 9, 2005 (Revised per Planning Commission) COMMERCIAL Property I.D. No./APN General Plan Existing Zoning Proposed Zoning Zone Change Reason 41) Sunset Crossing Rd./ Diamond Bar Blvd. 8703-001-061 (Weinerschnitzel) C C -M C-2 General Plan consistency and C-2 because the site is 8703-001-062 (vacant lot) (General Commercial) (Community Commercial) adjacent to residential use #2) Diamond Bar Blvd./Palomino Dr. .0-3 General Plan consistency. The site is next to two 8281-024-052 (Chevron Station) C C-2 (Regional Commercial) freeways and staff believes that a change from C-2 to C-3 is appropriate. This zoning designation will provide (water plant/no record on assessor's site) a broader range of uses which will foster economic development. #3) Diamond Bar Blvd. between Palomino Dr. and Golden Springs Dr. (Von's/Sav- On/Mobil/bank 8281-010-049 C C-2 C-3 General Plan consistency. The site is next to two 8281-010-050 C C-2 C-3 freeways and staff believes that a change from C-2 to 8281-010-051 C C-2 C-3 C-3 is appropriate. This zoning designation will provide 8281-010-057 C C-2 C-3 a broader range of uses which will foster economic 8281-010-058 C C-2 C-3 development. 8281-010-054 C C-2 C-3 8281-010-047 (medical office bldg.) C C-2 C-2 (no zone change) There is no change in the zoning designation because the site is adjacent to a residential use. #4) Montefino Ave./ Diamond Bar Blvd. 8293-044-015 (office bldg.) CO C-3 CO General Plan consistency (Commercial Office) 8293-044-016 (parking lot) CO C-3 CO General Plan consistency Property I.D. NoJAPN General Plan Existing Zoning Proposed Zoning Zone Change Reason #5) Diamond Bar/ Cold Springs/ Fountain Springs 8285-020-900 C C-1 C-2 General Plan consistency and C-2 is proposed for 8285-020-007 economic development and provides for a wider range 8285-020-006 of uses than existing zoning. 8285-020-052 8285-020-031 8285-020-005 8285-020-004 (office building) OP C-1 OP General Plan consistency 8285-020-005 (Office Professional) #6) Brea Canyon Rd./Diamond Bar Blvd. 8285-028-034 (EV Free Church) C R-1-7,500 C-1 General Plan consistency and C-1 is appropriate (Removed per Planning Commission (Neighborhood because site is adjacent to residential direction) Commercial) #7) Brea Canyon Rd./Diamond Bar Blvd. (adjacent Flood Channel and Site "D") 8714-015-001 C CPD C-1 General Plan consistency #8) Grand Ave. between Montefino Ave. and Diamond Bar Blvd. 8293-002-009 (office building) OP C-3 OP General Plan consistency 8293-002-010 (parking lot) 8293-002-011 (office building) #9) Golden Springs ❑r./ Grand Ave. 8717-025-054 (office bldg) 8717-025-055 (office bldg. parking lot) 8717-025-007 (parking lot) 8717-025-008 (offices, restaurant) OP OP CO CO C-3 C-3 C-3 C-3 OP OP CO CO General Plan consistency #10) Golden Springs Dr.Nia Sorella (Walnut Pool, CalTrans yard) 8763-001-038 CO C-2 CO General Plan consistency 8763-001-033 MPD -BE CO 8763-001-034 C-2 CO 8763-001-035 R-1-8,000 CO #11) Brea Canyon Rd./ Via Sorella (two churches, architect's office, repair shop) CO C -H -PD CO General Plan consistency 8763-004002 C-3 CO 8763-004-003 R-1-8,000 CO 8763-004-008 CPD CO 8763-004-010 R-1-8,000 CO 8763-004-011 Property I.D. NoJAPN General Plan Existing Zoning Proposed Zoning Zone Change Reason #12) Golden Springs between Lemon/Brea Canyon Rd. (Mc Donald's/Chevron to Charlie's Sandwich Shop) 8763-007-001 C A-1-1-15,000 C-3 General Plan consistency. The site is next to the 8763-007-003 C -2 -BE C-3 freeway and staff believes that a change from existing 8763-007-004 C -3 -DP C-3 zoning designations to C-3 is appropriate. This zoning 8763-007-008 CPD C-3 designation will provide a broader range of uses which 8763-007-010 CPD C-3 will foster economic development. 8763-007-011 CPD C-3 8763-007-012 CPD C-3 8763-007-013 CPD C-3 8763-007-022 C-2 (Banning C-3 Way Project) 8763-007-025 C -3 -DP C-3 8763-007-026 C -3 -DP C-3 8763-007-027 C-2 C-3 8763-007-028 C-2 C-3 #13) Golden Springs Dr./ Lemon Ave. (strip center, Jubei, Korean restaurant) 8762-034-022 C C -2 -DP -BE C-2 General Plan consistency and C-2 is consistent with 8762-034-012 C C -2 -DP -BE C-2 Development Code designation instead of existing LA County designation Property I.D. No./APN General Plan Existing Zoning Proposed Zoning Zone Change Reason #14) Pathfinder Rd./Brea Canyon Rd.Mlest of 57 Fwy. OP C-2 OP General Plan consistency 8765-001-007 C-2 OP 8765-001-008 C-2 OP 8765-001-009 C-2 OP 8765-001-010 CPD OP 8765-001-011 CPD OP 8765-001-012 CPD OP 8765-001-013 (Remove per Planning Commission direction) #15) SW Corner of Pathfinder/Brea Canyon Rd. 8285-029-001 CO CPD CO General Plan consistency 8285-029-002 8285-029-003 8285-029-004 8285-029-005 8285-029-006 Property I.D. No.IAPN General Plan Existing Zoning Proposed Zoning Zone Change Reason 416) Gateway Corp. Center 8293-050-900 OP C -M OB General Plan consistency and OB is consistent with 8293-050-002 (Office, Business park) Development Code designation for large scale, 8293-050-003 headquarters -type office facilities and business park 8293-050-005 development instead of existing LA County designation 8293-050-010 8293-050-011 8293-050-012 8293-050-013 8293-050-017 8293-050-018 8293-050-019 8293-050-021 8293-050-022 8293-050-023 8293-050-031 8293-050-032 8293-050-035 8293-050-036 8293-050-037 8293-050-038 8293-050-039 8293-050-040 8293-051-001 8293-051-002 8293-051-003 8293-051-004 8293-051-005 8293-051-006 8293-051-007 INDUSTRIAL Property I.D. NO./APN General Plan Existing Zoning Proposed Zoning Zone Change Reason #17) North of Sunset Crossing/South of Happy Hallow Rd. (Little League Field) 8718-005-005 PR MPD -BE REC General Plan consistency and REC is consistent with 8718-005-006 (Private Recreation) (Recreation) Development Code zoning designation for PR 8718-005-007 8718-005-008 8718-005-011 8719-003-807 (Union Pacific RR) (in PR M 1.5 & A-1-1 REC City HNM, not in GP) #18) Washington St./East of Brea Canyon 8719-010-015 (mobile home park) RMH C -M -BE RMH General Plan consistency 8719-010-014 (Residential Medium 8719-010-013 High Density) 8719-010-009 (warehouse) I M 1.5 -BE I (industrial) 8719-010-008 (warehouse) M 1.5 -BE 8719-010-007 (warehouse/house on M 1.5 -BE I corner) (Remove Per Planning Commission Direction) Property I.D. No./APN General Plan Existing Zoning Proposed Zoning Zone Change Reason 419) North of Lycoming between Lemon Ave. and Brea Canyon Rd. 8760-021-005 (Shea Center) I M 1.5 -BE I General Plan consistency 8760-027-001 (Pinefalls Ave.) I MPD I General Plan consistency 8760-027-002 8760-027-003 8760-027-004 8760-027-005 8760-027-006 8760-027-007 8760-027-008 8760-027-009 8760-027-010 8760-027-011 (Penarth Ave.) 8760-027-012 8760-027-013 8760-027-014 8760-027-015 8760-027-016 8760-027-017 8760-021-018 #20) North of Lycoming between Brea Canyon Rd. and Lemon Ave. 8760-021-001 (warehouse) T M 1.5 -BE I General Plan consistency 8760-021-002 (warehouse) 8760-021-006 (industrial) Property I.D. NoJAPN General Plan Existing Zoning Proposed Zoning Zone Change Reason #21) West of Lemon Ave./North of 60 Fwy to City boundary 8760-014-012 T M 1.5 -BE I General Plan consistency 8760-014-013 8760-014-014 8760-014-015 8760-014-802 (Union Pacific RR) 8760-015-001 I M 1.5 -BE I General Plan consistency 8760-015-002 8760-015-003 8760-015-004 8760-015-005 8760-015-006 8760-015-007 8760-015-008 8760-015-009 8760-015-010 8760-015-011 Yellow Brick Road Industrial Park 8760-015-013 I M 1.5 -BE I General Plan consistency 8760-015-014 8760-015-015 8760-015-018 8760-015-021 8760-015-022 8760-015-023 8760-015-024 8760-015-025 8760-015-026 8760-015-027 8760-015-028 Property I.D. NoJAPN General Plan Existing Zoning Proposed Zoning Zone Change Reason #21) Continued West of Lemon Ave./North of 60 Fwy to City boundary 8760-015-030 I M 1.5 -BE. I General Plan consistency 8760-015-031 #22) North of 60 Fwy/South of Lycoming between Lemon Ave. and Glenwick Ave. (WVUSD) 8760-015-901 I R -A-8,000 General Plan consistency 8760-015-902 8760-015-903 10 Study Session Item No. 2 Oral Presentation d r. Study Session #3 Study Session Report January 3, 2006 TO: Honorable Mayor and Members of the City Council From: Linda C. Lowry, City Managed,, Subject: Proposed Sales Tax Rebate to Country Hills Grocery Store and Amendment to the "Economic Development Policy to Attract and Retain Sales Tax Producing Businesses" In order to assist in obtaining a grocery tenant for Country Hills Towne Center, a number of months ago staff discussed a sales tax rebate offer with the owner/ developer, Mike McCarthy. Mr. McCarthy is now interested in securing such an agreement. He has reduced his original request from a twenty year term to ten years and is asking that the entire sales tax generated from the grocery store area, including the subleases within the store, be rebated. Even the large chain grocery stores do not generate over $50,000 per year in sales tax since the majority of the items are non-taxable. In order to make the rebate carry financial significance in the grocery tenant lease negotiations, it is necessary to rebate more than the 50% that is currently outlined in the City's "Economic Development Policy to Attract and Retain Safes Tax Producing Businesses." In order to address Mr. McCarthy's request the policy also needs to be changed to permit the agreement to last ten rather than five years. Mr. McCarthy has been informed that the City Council will expect to know the name of the tenant prior to amending or approving the policy change and agreement. A revised version of the policy is attached for Council review and discussion. Staff is seeking direction from the Council regarding the acceptability of this amendment and future placement on a City Council agenda. Attachment: Draft Revised Policy Document NO. G-2 DRAFT CITY OF DIAMOND BAR POLICY AND PROCEDURE Number: G-2 Authority: city council Minute Order Effective: tune 5, 2002 Revised: January,2006 Objective: To enhance City revenues through the implementation of an economic incentive for businesses generating sales tax in excess of $300,000.00 per year to remain and expand within the City ; to obtain new businesses which generate in excess of $50,000.00 per year in sales taxes; and to obtain new businesses determined by the City Council to meet a specified community need. Incentives: • The City will consider a rebate, not to exceed a maximum of 50 percent, to retain an existing business generating over $300,000.00 in annual sales tax performance for a maximum term of five years. • The City will consider a rebate, not to exceed a maximum of 50 percent, to attract a business generating over $50,000.00 in annual sales tax performance for a maximum term of five years. • The City will consider a rebate up to100 percent, to attract and retain a business providing specifical[V targeted goods and services for a maximum term of ten years. • The City will expedite development permit processing for qualified businesses. The City may consider additional available incentives for qualifying businesses. Criteria: Qualifying businesses shall have established previous sales tax performance in excess of the sales tax required, or Qualifying businesses shall provide specifically_ targeted goods or services necessary to meet a specified community need and where historically weak market conditions have hindered establishment of such businesses. Qualifying businesses shall enter into an agreement with the City implementing the requirements of this policy. Agenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 6, 2005 offdz �ALgy CALL TO ORDER: Mayor Chang called the Regular City Council meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Tem O'Connor and Mayor Chang. Mayor Chang led the Pledge of Allegiance. Ahmad H. Sakr, Ph.D., gave the Invocation. Council Members Herrera, Tanaka, Zirbes, Mayor Pro Staff Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Ken DesForges, IS Director, Linda Magnuson, Finance Director; Nancy Fong, Interim Community Development Directorand Ryan McLean, Senior Management Analyst. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.A.1 M/Chang presented a Certificate of Recognition to Orien Pagen for the Art Show and Sale. 1.A.2 MPT/O'Connor presented a Certificate of Recognition to Ms. Zhao and members of the Diamond Bar High school Leo Club for achieving the Leo Club Excellence Award. 1.A.3. C/Tanaka presented a Certificate of Recognition to Diamond Bar High School Leo Club and Teacher Advisor Tom Yeager for achieving the Leo Club Excellence Award. 1.A.4 C/Herrera presented Certificate of Recognition to Keith Matsuo and members of the Diamond Bar Breakfast Lions Club for 30 years of community service (1975-2005). BUSINESS OF THE MONTH: 1.A.5 C/Zirbes presented City Tile to Bob Wu, Budget Car & Truck Rental as Business of the Month for December 2005; displayed Business of the Month slides. DECEMBER 6, 2005 PAGE 2 2. POST ELECTION PROCEDURES: CITY COUNCIL 2.1 ADOPT RESOLUTION NO. 2005-59: RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2005 DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. MPT/O'Connor moved, C/Herrera seconded, to adopt Resolution No. 2005- 59. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 2.2 PRESENTATIONS TO OUTGOING MAYOR PRO TEM O'CONNOR - David Varnum, representing Congressman Gary Miller; Corey Calaycay from Senator Bob Margett's Office; Dickie Simmons, representing Supervisor Don Knabe; Assemblyman Bob Huff; Captain Kwan, Los Angeles County Sheriff's Department; Chief Nieto, Los Angeles County Fire Department; Sam Olivito, California Contract Cities Association, Bob Halal representing Diamond Bar/Walnut YMCA and Mayor Chang on behalf of the City Council. 2.3 ADMINISTRATION OF OATH OF OFFICE TO COUNCIL MEMBERS - ELECT WEN CHANG, STEVE TYE AND BOB ZIRBES. a) CM/Lowry administered the Oath of Office to Council Member Wen Chang. b) Assemblyman Bob Huff administered the Oath of Office to incoming Council Member Steve Tye. c) Assemblyman Bob Huff administered the Oath of Office to Council Member Bob Zirbes. 3. CITY COUNCIL REORGANIZATION: 3.1 Selection of Mayor: MlChang opened nominations for Mayor. C/Zirbes nominated C/Herrera. MlChang nominated C/Zirbes. There were no other nominations offered. DECEMBER 6, 2005 PAGE 3 The following Roll Call votes were recorded: C/Herrera - Carol Herrera C/Tanaka - Bob Zirbes C/Tye - Carol Herrera C/Zirbes - Carol Herrera M/Chang - Bob Zirbes M/Herrera assumed the gavel. 3.2 Selection of Mayor Pro Tem: M/Herrera opened nominations for Mayor Pro Tem. C/Tye nominated C/Zirbes. There were no other nominations offered. CITY COUNCIL By unanimous consent, M/Herrera declared that C/Zirbes was elected to serve as Mayor Pro Tem. 3.3 Presentations to outgoing Mayor Wen Chang by David Varnum, representing Congressman Gary Miller; Corey Calaycay from Senator Bob Margett's Office; Assemblyman Bob Huff; and Dickie Simmons, representing Supervisor Don Knabe. RECESS: Mayor Herrera recessed the City Council meeting at 7:35 p.m. RECONVENE: Mayor Herrera reconvened the meeting at 8:07 p.m. APPROVAL OF AGENDA: M/Herrera requested that Public Hearing Item 7.1 be moved forward on the Agenda as the first item of consideration. 7. CONTINUED PUBLIC HEARING: 7.1 CONSIDERATION OF ZONE CHANGE NO. 2004-01, CONDITIONAL USE PERMIT NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-02 FOR COUNTRY HILLS TOWNE CENTER: A ZONE CHANGE FROM NEIGHBORHOOD COMMERCIAL (C-1) TO COMMUNITY COMMERCIAL (C-2) DISTRICT CONSISTENT WITH THE GENERAL PLAN COMMERCIAL DESIGNATION; A CONDITIONAL USE PERMIT AND A DEVELOPMENT REVIEW FOR THE RENOVATION OF THE FAQADE OF THE EXISTING SHOPPING CENTER TOTALING 221,083 SQUARE FEET; AND A VARIANCE TO INCREASE THE TWO- STORY BUILDING FROM 35 FEET TO 40 FEET AND THE THREE-STORY BUILDING FROM 35 FEET TO 54 FEET (Continued from November 15, 2005). DECEMBER 6, 2005 PAGE 4 CITY COUNCIL ICDD/Fong reported that the Country Hills Towne Center was built under the supervision of LA County standards. The, last recorded CUP was dated in 1987 for the most recent renovation. The applicant purchased the center in October 2003 and has since worked to renovate and revitalize the area. The 18 -acre shopping center is fully developed except for a small pad at the north side of the site. The existing childcare center and retail building will be replaced by a three-story 4900 sq. ft. medical office building. When fully developed the total gross floor area will be 221,083 sq. ft. and the developer is redesigning the project area to allow for safer vehicle and pedestrian traffic. TCDD/Fong stated that the zone change is necessary to bring the shopping center into conformity with the current development standards; the CUP and Development Review are for the renovation and new construction to ensure that the new development and intensification of the existing center will yield a pleasant living working and shopping environment for the residents. The variance is required to allow the three-story medical/office building to exceed the maximum 35 -ft. height to 54 ft. and to provide for installation of the new decorative towers. The Planning Commission conducted public hearings on October 25 and November 8, 2005 and concluded that the City Council should consider approval of the project and urged the applicant to work closely with the existing tenants for purposes of retention to the greatest extent possible. The Commissioners indicated they would be more comfortable with the project if the applicant would release the name of the major anchor and types of ancillary tenants proposed for the center. The Commissioners felt that the renovation was essential to the surrounding neighborhood and to the City due to the center's present state of deterioration. ICDD/Fong pointed out that tonight's proposal included amended conditions of approval. C/Zirbes asked if the new conditions had been relayed to the applicant and ICDD/Fong responded that staff reviewed the amended conditions with Mr. McCarthy. Mr. McCarthy acknowledged concurrence with the amended conditions. C/Tanaka asked if there was a market tenant. ICDDIFong said she did not have an answer and suggested that C/Tanaka ask the applicant. C/Tanaka asked if the City conducted a needs analysis for a medical/office building. ICDD/Fong suggested that C/Tanaka also direct that question to the applicant. DECEMBER 6, 2005 PAGE 5 CITY COUNCIL. Michael McCarthy summarized the proposed project using an overhead site plan. He stated that he attempted to incorporate upgrades in keeping with comments from Planning Commissioners and residents such as reducing the entryway width from six to four lanes to mitigate traffic congestion; creating a sense of arrival with landscape materials; creating pathways to connect buildings throughout the main line of shops and including additional landscape materials by the medical/office building to soften the height and architecture. In addition, he added architectural development at the top of the parapet in the rear and agreed to provide screening of the AC units on the old portion of the center to shield residents` views from the opposite side of the aqueduct. The new two-story at the north end of the center was contemplated to be used for retail on the first level and office use upstairs. With respect to the proposed three-story building the actual height of usable area is at about 49 ft. with 3 ft. below -grade and the remaining five feet reserved for screening of the AC equipment. Mr. McCarthy explained that he was very close to signing a lease with the major tenant and although he did not yet have permission to disclose the name he was able to show interior shots of their most recently opened facility. He said he was optimistic that the lease would be signed before Christmas and possibly within the next 10 days. He went on to say that the center had letters of intent from various types of uses as well as interest from the existing tenants who wished to remain at the center. C/Tanaka asked if the applicant conducted a medical/office facility study to evaluate the need for a three-story building. Mr. McCarthy responded yes and that it was completed by CB Richard Ellis/Hubbel Brokerage and was supported by interest from medical types of uses to congregate in D.B. since there are no other medical facilities within the City. Hospitals like to locate satellite facilities to control trade areas. For example, Pomona Valley recently leased space in Chino Hills. Based on his history with other centers and on the survey he believed that such a facility would serve the community well. C/Tanaka asked if Mr. McCarthy would be locating another movie theater to the center. Mr. McCarthy said that initially there was a proposal to include a 14 -screen theater. However, his proposal was more ambitious than what the large theater chains could justify for the location. Mr. McCarthy responded to C/Tanaka that the parking area included the parking at the rear of the building located at the north end of the center. He said that they considered additional screening for the rear of the shopping center to buffer the residences. However, the issue was that additional landscaping would interfere with the fire lane areas so they opted to screen DECEMBER 6, 2005 PAGE 6 CITY COUNCIL, the top portion of the buildings and install a buffer between the shopping center and the houses in the area of the aqueduct. C/Tanaka was concerned that there was no driving lane for cars exiting the shopping center that wished to continue straight across Diamond Bar Blvd. ICDD/Fong indicated that traffic could either turn right or proceed straight ahead according to the pavement markings. C/Tye felt that the photos Mr. McCarthy showed indicated a much larger market area that could be accommodated at the Country Hills Towne Center and asked if the available square footage could accommodate the proposed major tenant. Mr. McCarthy responded yes and explained that everything south of the shop space including the old Alpha Beta would be set aside for the market, a total of about 45,000 sq .ft. C/Chang asked if Mr. McCarthy showed the Planning Commission the interior photos of the proposed market. Mr. McCarthy responded "No." However, he said he believed that the residents were looking forward to a new full service market, the type that is being contemplated. Mr. McCarthy responded to C/Zirbes that the photos were taken at a market in Georgia and this would be their first California market for the establishment. C/Zirbes asked what would happen to the project if the lease was not signed. Mr. McCarthy said that he would move forward with the project as proposed. C/Zirbes said he liked the street view of the three-story medical/office building with additional landscaping. Mr. McCarthy said he was sure there would be restrictions imposed by staff on the height of the landscaping and that he would abide by those restrictions. MPT/Zirbes said he had viewed the back of the center from several residential yards and the view left alot to be .desired. He understood it would be difficult to plant material along the wash but wondered if plantings could be placed closer to the buildings to shield the view. Mr. McCarthy said that the Fire Department assumes that cars are parked at the rear of the buildings and it is sacred ground to them. Unfortunately, he inherited this pre-existing condition and felt it was already tight for truck traffic. DECEMBER 6, 2005 PAGE 7 CITY COUNCIL C/Zirbes asked if decorative slats or covering could be placed the length of the chain link fencing near the aqueduct, Mr. McCarthy said he would consider such a condition. MPT/Zirbes asked if the new parking incorporated compact parking spaces. Mr. McCarthy said he believed they were all regular sized spaces and that the diagonal parking would be changed to perpendicular parking to allow easier access. The study indicates there would be no loss and no gain of parking spaces due to the restructuring because the aisle widths are wider than what usual exists. MPT/Zirbes asked Mr. McCarthy if he had worked with staff to develop additional landscaping inside the parking lot. Mr. McCarthy responded that discussions included types of trees and view corridors and his premise was that he would like to keep the landscaping berm as short as possible so as not to create another problem with leafy vegetation in the parking lot. Retailers want to make sure that shoppers are able to see the front doors of their businesses so as to easily determine how to get from their vehicle to the store. Shopping centers that have failed did so because shoppers were unable to see the particular opening. MPT/Zirbes felt that as the applicant worked through the project there might be some additional ground for landscaping. Mr. McCarthy agreed that there would be such an opportunity. MPTIZirbes' point was that destination shoppers should find the center appealing. Mr. McCarthy agreed. C/Zirbes said it seemed to him that there might be more square footage in the proposed medical/office building than could be filled due to the low occupancy rate throughout the City and wondered what the applicant's alternate plan would be in the event the medical community decided not to absorb the square footage. Mr. McCarthy said he had no plan to build the medical/office building unless he could anchor it. In fact, staff modified the resolution.to indicate that when Phase I was completed and the market had opened and that the market, along with all of the retail was working as planned only then could Phase II move forward and likewise Phase III. It would not make sense to have a vacant building. The general marketplace for D.B. is surprisingly strong and if the medical/office tenants did not fill it he felt certain that he could find other professionals within D.B. to fill the professional office building. Mr. McCarthy DECEMBER 6, 2005 PAGE 8 CITY COUNCIL reiterated to MPT/Zirbes that he would not move forward with demolition or rehab on the daycare center and adjacent building until the other phases were successfully in place and an anchor was contemplated for the proposed three-story building. MPT/Zirbes asked Mr. McCarthy when he anticipated construction of Phase 1 would commence and when the project might be completed. Mr. McCarthy responded that depending on how quickly the matter moves through the Building Department he would anticipate that construction would commence in March 2006 and be completed within six to eight months. M/Herrera asked what type of anchor tenant might locate in the three-story medical/office building. Mr. McCarthy responded that tenants such as Pomona Valley Hospital or Brea or one of the other surrounding hospitals could lease the ground floor and place doctors there as Pomona Valley did in Chino Hills. Other tenants could be Optometrists, Oncologists, Pediatricians or a surgical center. Mr. McCarthy said it had been somewhat difficult to get anyone excited about the prospect since the project had not yet been approved. Once the project was approved interest would spike because he would be able to set deadlines and prospective tenants could begin to allocate capital toward relocating to the center. M/Herrera opened the Public Hearing at 9:05 p.m. Sharon Mocho said she had lived in D.B. for 46 years and had watched the community grow. Although she misses having a market in the center she does not envision a World Market appearing in D.B. because the parking and congestion would be horrendous. Such a market would bring more traffic to D.B. and it would distract shoppers from the current markets that are struggling to stay afloat. She suggested the City use the center for a new library and for school district matters. She knows that the City needs money, however, it needs to build up its current businesses. She said she hoped the City would reconsider the type of store such as a Buffum's or some other kind of general store because she believed there were enough markets in the City. Ruth Lowe said she was interested in seeing the creation of "art" in public places similar to what neighboring cities have such as Brea, for example. She recommended that Council consider asking the applicant to set aside funds for the creation of an art project in the center. She proposed such a project to Kurt Nelson and he agreed to place a piece of art in a park that he will build in the next couple of years. Likewise, the president of Target agreed to set aside funds from their endowment fund to place a piece of art in the Target Shopping Center. DECEMBER 6, 2005 PAGE 9 CITY COUNCIL Marsha Hawkins congratulated the new City Council and said she looked forward to working with M/Herrera, MPT/Zirbes and Council Members, Chang, Tanaka and Tye on behalf of the Friends of the Library during the next year. She said the Friends would miss Debby O'Connor because during the four years Ms. Hawkins had been involved with community service Mrs. O'Connor had been very supportive and she enjoyed working with Mrs. O'Connor. She hoped the applicant planned to continue providing a space for the Friends of the Library bookstore because it was a valuable asset to D.B. Jerry Hamilton said he did not live in the area of the Country Hills Towne Center but felt the Council should consider what has happened to other cities. If D.B. starts turning down projects such as this project there may never be another chance to develop the center. There are many dead shopping centers and empty buildings in adjacent cities and D.B. needs to move forward with this project. Clyde Hennessee wanted to make sure the parking spaces would be expanded because he found it difficult to park a regular sized vehicle in the narrow stalls. He thanked the applicant for improving the site. M/Herrera closed the Public Hearing at 9:15 p.m. MPT/Zirbes asked that staff add language to provide additional landscaping with box trees on the Cold Spring side of the three-story medical/office building (Item 14 on Page 10 of the conditions). Further, he requested that a condition be added as agreed upon by Mr. McCarthy to provide decorative slat inserts or screening for the chain link fencing at the back of the center along the aqueduct. MPT/Zirbes moved, C/Chang seconded, to approve for First Reading by Title Only, waive full reading and introduce Ordinance No. 10(2005) approving Zone Change No. 2004-01; Adopt Resolution No. 2005-60: Approving Conditional Use Permit No. 2004-01 as amended, Development Review No. 2004-19 and Variance No. 2004-02; and direct staff to issue a Mitigated Negative Declaration and Mitigation Monitoring Program. C/Tye said he would prefer to consider portions of this project as separate issues because he was concerned about the approval of a variance that would allow a building height to go from the allowable 35 ft. to 54 ft. The current tenants are desperate for renovation and he was encouraged about that portion of the project. Mr. McCarthy said that the studies for the medical/office building and subsequent request for a variance seemed to be very unique in the sense that there was no other shopping center in D.B. that was below grade. The medical/office building area at 49 -ft. height puts the top of the building at about one level above the car wash so there would be minimal signage available to Diamond Bar Blvd. In this instance the topography was so unique DECEMBER 6, 2005 PAGE 10 CITY COUNCIL that it called out for some type of a height variance on that side of the shopping center. Relative to the viability of the project, he would need three stories to make that portion of the project suitable. The original design was for a four-story building. He explained that overall, the project needs to be balanced in order to be economically feasible. C/Tye said he appreciated Mr. McCarthy's explanation. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 4. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 4A. PUBLIC COMMENTS: Lois McManus said she had lived in D.B. for 27 years and had the privilege of being a poll worker during the last election. She thanked the City and staff for their support and thanked Osman Wei and residents of "The Country Estates" who were very hospitable to the poll workers. Jack Shah, President, Sunshine Senior Group, congratulated MlHerrera, MPT/Zirbes and new Council Member Tye as well as C/Tanaka and C/Chang and hoped that the Council would move forward with the City's business. He thanked the City for assisting his group. Mrs. Shah presented flowers to the City Council. Osman Wei congratulated the new Council Members and said that the residents were very fortunate to have such capable leaders to direct the future of the City of D.B. He said he felt comfortable that each elected Council Member would honor their campaign promises. As a first time candidate he found the process to be a very exciting, informative and rewarding experience and encountered many residents who shared his enthusiasm and concern for the future of the City. Campaigning is hard work and he said he was blessed to have his family provide him with tireless support. He especially thanked his friends and the many volunteers who helped and guided him to carry out the seemingly endless process. He was very proud and pleased to have the support of so many wonderful people and thanked all who supported him. Jimmy Lin said he was delighted to witness the beginning of a new Council and a new era. He wished the Council Members the best of luck for the next four years. Last week he viewed a rerun of the September 15 City Council meeting and was amazed to see that a couple of the City Council Members took almost 30 minutes to recite their campaigns. This City belongs to the people and each Council Member has a duty to serve the people and not individuals' self-interest. It is his sincere hope that this Council will set aside all personal differences, personal vendettas and work together for the good of the community during the next four years. He recommended that the Council learn from other cities that are using their own funds to build their DECEMBER 6, 2005 PAGE 11 CITY COUNCIL libraries, that the Council consider building its own City Hall on land it owns, that the City Council once again attempt to resurrect economic development and that the City Council enhance the aesthetics of the City's gateways. Clyde Hennessee welcomed C/Tye, welcomed back the re-elected Council Members and congratulated M/Herrera on her appointment. He said he concurred with Jimmy Lin's statements and reiterated his intent to oppose a tax to fund a new library. He wished everyone a Merry Christmas. 46. RESPONSE TO PUBLIC COMMENTS: None offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Holiday Diamond Ride — November 25, 2005 through January 2, 2006 — Free transportation to/from any commercial or retail center in Diamond Bar. Call 800-578-6555 for service. 5.2 Winter Snow Fest — December 10, 2005 — 10:00 a.m. — 4:00 p.m., Pantera Park, 738 Pantera Dr, 5.3 Candy Cane Craft Fair — December 10, 2005 — 9:00 a.m. — 2:00 p.m., Diamond Bar Center, 1600 S. Grand Ave. 5.4 Planning Commission Meeting — December 13, 2005 -- 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.5 Neighborhood Traffic Management Program Meeting — December 13, 2005 — 7:00 p.m., Bent Twig Ln. (between Barbi Ln. and Hawkwood Rd.) Sheriff's Community Resource RV located in front of 3322 Bent Twig Ln. 5.6 City Council Meeting — December 20, 2005 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.7 City Offices will be closed Friday, December 23 — Monday, December 26, 2005 in observance of the Christmas Holiday. City offices will reopen on Tuesday, December 27, 2005. 5.8 Holiday Tree Curbside Collection Program — December 26, 2005 through January 13, 2006. Trees free of decorations may be left at the curb for free pickup during this period. 5.9 State of the City Address — January 12, 2006 — 6:00 p.m., Diamond Bar Center, 1600 Grand Ave. ** 5.10 The following Commissions will be dark in December: Traffic and Transportation Commission, Planning Commission Meeting of December 27, 2005 and Parks and Recreation Commission. DECEMBER 6, 2005 PAGE 12 CITY COUNCIL 6. CONSENT CALENDAR: C/Herrera moved, C/Tanaka seconded to approve the Consent Calendar as presented with C/Tye abstaining from Item 6.1. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 6.1 City Council Minutes: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera None None 6.1.1 Study Session of November 15, 2005 —Approved as submitted. 6.1.2 Regular Meeting of November 15, 2005 — Approved as submitted. 6.2 Received and Filed Planning Commission Minutes: 6.2.1 Regular Meeting of October 11, 2005 6.2.2 Study Session of October 25, 2005. 6.2.3 Regular Meeting of October 25, 2005. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of October 27, 2005. 6.4 RATIFIED CHECK REGISTER — Containing checks dated November 11, 2005 through December 1, 2005 totaling $914,172.01. 6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT — Month of October 2005. 6.6 ADOPTED RESOLUTION NO. 2005-61: AUTHORIZING, APPROPRIATING AND APPROVING THE SALE OF $300,000 OF PROP A FUNDS (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF COMMERCE IN EXCHANGE FOR $225,000 FOR GENERAL FUND PUBLIC WORKS IMPROVEMENTS. 6.7 APPROVED AMENDMENT NO. 4 TO REVISE THE CONTRACT WITH EXCEL LANDSCAPE TO ADD FIVE (5) NEW AREAS TO THE LANDSCAPE MAINTENANCE CONTRACT IN THE AMOUNT OF $8,513.48 FOR A TOTAL AUTHORIZATION OF $37,884.56 FOR THE 2005-06 FISCAL YEAR, PLUS APPROPRIATION OF $3,080 FROM LLAD #41 RESERVES FOR COST OF SERVICES IN THIS DISTRICT. 6.8 (a) ADOPTED RESOLUTION NO. 2005-62: AMENDING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FY 2005-06 BY APPRPRIATING $157,993 OF PRIOR YEAR CDBG FUNDS TO PROVIDE ADDITIONAL FUNDING FOR THE HOME IMPROVEMENT PROGRAM (HIP) FOR A TOTAL OF $276,785. DECEMBER 6, 2005 PAGE 13 CITY COUNCIL (b) APPROVED AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH LDM ASSOCIATES, INC. FOR HOME IMPROVEMENT PROGRAM ADMINISTRATIVE SUPPORT SERVICES INCREASING THE AMOUNT FROM $23,800 TO $55,357. 6.9 APPROVED CONTRACT AMENDMENT NO. 7 TO EXTEND CITYWIDE LANDSCAPE MAINTENANCE CONTRACT WITH TRUGREEN LANDCARE FOR EIGHTEEN MONTHS FROM JANUARY 1, 2006 THROUGH JUNE 30, 2007 IN THE AMOUNT OF $497,013; PLUS APPROPRIATION OF $1,593 FROM LLAD #38 RESERVES, $3,094 FROM LLAD #39 RESERVES AND $974 FROM LLAD #41 RESERVES FOR CONTRACT COSTS FOR THE 2005-06 FISCAL YEAR RELATED TO EACH OF THE LIGHTING AND LANDSCAPE ASSESSMENT DISTRICTS. 6.10 APPROVED APPLICATIONS FOR TREE CITY USA RECERTIFICATION FOR 2005 AND THE SECOND YEAR TREE CITY USA GROWTH AWARD, AND AUTHORIZED THE MAYOR TO SIGN THE APPLICATIONS. 8. COUNCIL CONSIDERATION: 8.1 CONSIDERATION OF ADJOURNING THE DECEMBER 20, 2005 REGULAR CITY COUNCIL MEETING TO JANUARY 3, 2006. CM/Lowry reported that in light of the fact that Council had not continued any items from this meeting and that staff anticipated a well-managed agenda for January 3, 2006 it would be feasible for Council to consider adjourning the December 20, 2005 meeting. C/Tye moved, MPT/Zirbes seconded to adjourning the Regular December 20, 2005 City Council meeting to January 3, 2006. Without objection, the motion was so ordered. RECESS TO REDEVELOPMENT AGENCY: M/Herrera recessed the meeting to the Redevelopment Agency meeting at 9:45 p.m. RECONVENE CITY COUNCIL MEETING: M/Herrera reconvened the City Council meeting at 9:55 p.m. 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang read from a prepared statement about his legacy and the need for the City to move forward with economic development and to continue operating in a fiscally responsible manner. He congratulated M/Herrera on her appointment, thanked residents for allowing him to serve the community and wished everyone happy holidays. DECEMBER 6, 2005 PAGE 14 CITY COUNCIL C/Tanaka listed the meetings and events he attended over the past several weeks: Three Valleys Water District Leadership Breakfast, League of California's Legislative Briefing, San Gabriel Valley COG Meeting, all day seminar regarding land -secured financing, Court of Honor for Troop 730, Sunday at the Center Art Show and Sale, City Christmas Dinner, Diamond Bar Foundation Gala Dinner, Alameda Corridor East Nogales Grade Separation dedication and the Youth Master Plan Collaborative meeting. He said he was looking forward to working with the new Council and wished everyone happy holidays. C/Tye thanked Diamond Bar and said he was truly humbled by the overwhelming support he received during the recent election. The past several months have been very exciting for him as he spoke to literally thousands of residents one door and one neighborhood at a time. He said he looks forward to working with his colleagues to make sure that D.B. remains one of the premier communities in Southern California in which to live and work. He requested that the Business License and Registration Fee Program be placed on a future agenda for reconsideration in accordance with his campaign promise. He again thanked the residents for their support, wished everyone a Merry Christmas and Happy New Year. MPT/Zirbes thanked C/Chang for his service as Mayor and congratulated M/Herrera on her appointment indicating that he would do everything possible to support her and work with everyone on the Council for a better D.B. MPT/Zirbes said he was thrilled to have C/Tye on the Council having served with him on the Planning Commission he knows that with all of his positive talents C/Tye will do everything possible to help the Council and the City move forward. He said he was very proud of C/Tye and proud of the number of votes that C/Tye captured as the top vote getter in the recent election. MPT/Zirbes thanked all who voted for him and was glad that his previous four years of service were recognized with an additional four years of service. 2006 purports to be a busy year and it is time to put the election aside and get on with the business at hand. He was anxious to have certain projects and goals move forward such as the signalization effort that would enhance traffic flow, acquisition of land (Lots 1 and 61) for a Grand Avenue park, funding for and expansion of all of the City programs and events, and pursuit of economic development. MPT/Zirbes reported that he and C/Chang convened the Neighborhood improvement Committee yesterday and the statistics were very encouraging. He wished everyone a Merry Christmas, Happy New Year and great holiday season and again thanked everyone for returning him to office. MlHerrera congratulated C/Tye, MPT/Zirbes and C/Chang for their election and re- election to the Council. She thanked Debby O'Connor for eight years of service to the community and to the City of D.B. 2006 will be a very important and busy year for the City and she intends to focus on healing, economic development and strategic planning. She said she looks forward to working with her fellow Council Members for the benefit of the residents and wished everyone a Merry Christmas, happy holidays and a safe new year. DECEMBER 6, 2005 PAGE 15 CITY COUNCIL Council concurred by a majority vote of 3-2 to place reconsideration of the Business Registration Fee on the February 7, 2006 agenda. M/Herrera directed staff to include in the report information on the cost to administer the program and how many businesses had voluntarily registered since inception of the program. M/Herrera recessed to the Closed Session at 10:15 p.m. and asked for public comment. CLOSED SESSION: Public Comments on Closed Session Agenda: None Offered. ► Initiation of Litigation — Government Code Section 54956.9 (c) — five (5) cases. M/Herrera adjourned the Closed Session at 10:19 p.m RECONVENE: M/Herrera reconvened the Regular City Council meeting at 10:20 p.m. She stated that there was no action to report from the Closed Session. 10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the Regular City Council meeting at 10:20 p.m. LINDA C. LOWRY, CITY CLERK The foregoing minutes are hereby approved this day of , 2006. CAROL HERRERA, MAYOR Agenda No. 6.2.1 MINUTES OF THE CITY OF DIAMOND BAR STUDY SESSION OF THE PLANNING COMMISSION NOVEMBER 8, 2005 CALL TO ORDER: Vice Chairperson Low called the meeting to order at 5:30 p.m. Room CC -8 of the South Coast Air Quality Management District/Government Center Building, 21865 Copley Drive, Diamond Bar, California 91765 Information Regarding Zone Changes Information Regarding Country Hills Towne Center 1. ROLL CALL: Present: Vice Chairperson Ruth Low; and Commissioners Kwang Ho Lee, Dan Nolan and Tony Torng. Chairman Joe McManus was excused. Also present: Nancy Fong, Interim Community Development Director; Bradley E. Wohlenberg, Assistant City Attorney; Ann Lungu, Associate Planner; and Stella Marquez, Senior Administrative Assistant. A. Information Regarding Zone Changes AssocP/Lungu presented staff's report on Zone Change No. 2005-01 related to bringing Commercial and Industrial Zoning into compliance with the City's General Plan for the following sites: Site 1-- Sunset Crossin Road/Diamond Bar Boulevard (change from CM to C-2 Community Commercial); Site 2 — Diamond Bar Boulevard/ Palomino (change from C-2 to C-3); Site 3 — Diamond Bar Boulevard between Palomino Drive and Golden Sprin s Drive (change from C-2 to C-3); Site 4 — Montefino Avenue and Diamond Bar Boulevard (change from C-3 to CO.) Site 5 — Diamond Bar BoulevardlCold Springs Lane/Fountain Springs Road (Country Hills Towne Center — change from C-1 to C-2) at the request of VC/Low, staff agreed to consider Site 5 for the two corner parcels and Country Hills Towne Center as a separate issue to be considered tonight. Site 6 -- Brea Canyon Road/ Diamond Bar Boulevard (change R-1 to C-1.) NOVEMBER 8, 2005 PAGE 2 PLANNING COMMISSION STUDY SESSION Site 7 - Brea Canyon Rd/Diamond Bar Blvd; Adjacent Flood Channel and Site "D" (change CPD to C-1.) Site 8 - Grand Avenue between Montefino Avenue and Diamond Bar Boulevard (change from C-3 to OP.) Site 9 -- Golden Springs Drive/Grand Avenue (change from C-3 to OP and CO.) Site 10 - Golden Springs Drive/Via Sorella Street (Walnut pool and Caltrans Yard - change from various to CO.) Site 11 - Brea Canyon Road/Via Sorella (change from various to CO.) Site 12 -- Golden Springs.Drive between Lemon Avenue and Brea Canyon Road (change from various to C-31 -� Site 13-- Golden Springs Drive/Lemon Avenue (change from various to C-2.) Site 14 - Pathfinder_ Road and Brea Canyon Road west of SR57 (change from C-2 and CPD to OP.) Site 15 - SW Corner of Pathfinder Road/Brea Canyon Road (change from CPD to CO.) ICDD/Fong explained that the Chevron Station had applied for an almost total redesign of the site and wanted to include a car wash. Staff informed the applicant that the site was too small. C/Nolan felt that intensifying uses at the location would create chaos. ICDDIFong said that due to the tightness of the site the City may not be able to close one of the driveways but change the design to egress only. Staff is looking at ways to improve circulation around the gas station regardless of whether there is a zone change. Site 16 - Gateway Corporate Center (change CM to OB.) Site 17 - North of Sunset Crossing and South of Happy Hollow Road (Little League Field - change from MPD to REC.) Site 18 - Washington Street east of Brea Canyon Road (change from M1.5 -BE to 1) The property owner would like it to be zoned Commercial or Commercial Office rather than "I" because he felt it was too limited. AssocP/Lunge said that the site was already located in an Industrial zone and the Citywas changing the designation only for consistency and not as a change for other uses. AssocP/Lungu further stated that the property owner's request would mean a General Plan amendment. NOVEMBER 8, 2005 PAGE 3 PLANNING COMMISSION STUDY SESSION CILee felt that Diamond Bar was more lax in granting changes than were other cities. He respects private ownership. However, the City should stay with the zoning and its General Plan. Staff stated that commercial uses are not allowed in industrial zone but certain types of businesses may be allowed ancillary retail if it is part of the same type of business through a CUP process. C/Nolan explained to CILee that Diamond Bar was not given a blank pallet when the City incorporated and he did not view using the CUP process as a sign of weakness or bad judgment nor did he see the timeline being streamlined and felt that the process may be faster because this City does not have a high level of activity. Based on the City's structure it almost has to be more flexible to encourage economic growth and provide good governance. CILee said he has observed that a certain percentage of the residents do not want to improve portions of the City into retail. For instance, San Clemente is a well- maintained City that -does not have a lot of retail and commercial. -He believes that..., the City should abid�by its General Plan instead of allowing other uses. C/Nolan - said that he respectfully disagreed with C/Lee in that he believed that the General Plan was a living document. VC/Low said that to her a General Plan was an overarching document that did not cover all situations because it did not have the ability to foresee every small parcel detail. Thus, staff and the Planning Commission are available to offer discretionary permits under the CUP process. CILee reiterated his belief that the City granted CUP's too easily and too often with little objection. ACAIWohlenberg explained that the General Plan gives the overarching perspective and the individual zones contain a list of uses that are permitted by right without further review. Uses that are similar to the designated uses could possibly go in as well and the City wants to make certain it has an opportunity to place conditions on the uses to make sure they do not have an unintended significant impact on the area. The Ordinance contains a list of uses that are permitted under CUP and those uses are not arbitrarily granted, they must be uses that are close to those allowed and as a result, it may appear that well-defined uses are easily granted. Site 19 — North of Lvcoming between Lemon Avenue and Brea Canyon Road (Shea Center - change from M 1.5 -BE to 1) (West of Lemon Avenue and north of the SR60 to the City boundary - change M 1.5 -BE to I.) Site 20 -- North of Lvcoming between Brea Canyon Road and Lemon Avenue (change from M1.5BE to l.) CILee asked if Laundromats and carwashes could exist in the C-3 zone. Site 21 — West of Lemon Avenue/North of SR60 to City Boundary (Union Pacific RR and industrial development and Yellow Brick Road Industrial Park - change from M1.5 -BE to I for General Plan consistency,) NOVEMBER 8, 2005 PAGE 4 PLANNING COMMISSION STUDY SESSION Site 22 -- North of SR60/South of Lycoming_ between Lemon Avenue and Glenwick Avenue (WVUSD -- change R -A-8,000 to I.) The Planning Commission and ACAIWohlenberg concurred that this was a single agenda item, that all of the changes were detailed in staff's report and have been discussed by the Commission through this public meeting. B. Information Regarding the Country Hills Towne Center project ICDD/Fong presented staffs report. In orderto maximize the allowable "restaurant' use square footage, the applicant requested clarification that certain food court uses would not be considered as "restaurant." For example, quick service and take out with limited seating up to a maximum of 14 seats. It would include such uses as ice cream shops; bagel shops,,donut."hop97__deli's and similar types of uses which should not be considered sit-down restaurants. Staff concurs with the applicant's request. VC/Low asked how much square footage and parking the property owner would gain if the City concurred with the use clarification. ICDD/Fong responded that the property owner has already maximized the number of parking spaces required for restaurant use. This proposal theoretically reduces the square footage for retail. VC/Low said she was still concerned about the amount of square footage devoted to restaurant use. C/Lee believed that the developer had a vision for use of the private property and if he complied with the City's requirements the uses would be permitted. At the same time the Commission needed to know what the developer was planning and strives to comply with his proposal. ICDD/Fong explained that the developer was proposing to maximize the square footage and the parking ratio by accommodating up to 53,397 square feet of restaurant use and it would be questionable whether the developer could actually achieve that maximization. C/Nolan said the request would merely change the nuance of what was considered to be retail and would improve the parking ratio. ICDD/Fong stated that the applicant would make his presentation during the regular meeting. NOVEMBER 8, 2005 PAGE 5 PLANNING COMMISSION STUDY SESSION ADJOURNMENT: With no further business before the Planning Commission, Vice Chair/Low adjourned the study session at 6:55 p.m. to the regular meeting. Respectfully Subm Nancy Fong Interim Communit Development Director Attest: R th M. Low, Vice Chairman Agenda No. 6.2.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 8, 2005 STUDY SESSION: 5:30 p.m. - Room CC8, South Coast Air Quality Management District/Government Center, 21865 Copley, Diamond Bar, CA 91765 • Information Regarding Proposed Zone Changes • Information Regarding Country Hills Towne Center Project CALL TO ORDER: Vice Chairperson Low called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. :PLEDGE OF. ALLEGIANCE: Commissioner Nolan led the.Pledge,of Allegiance. 1. ROLL CALL: Present: Vice Chairperson Ruth Low and Commissioners Kwang Ho Lee, Dan Nolan and Tony Torng. Chairman Joe McManus was excused. Also present: Nancy Fong, Interim Community Development Director; Bradley E. Wohlenberg, Assistant City Attorney; Ann Lungu, Associate Planner, Linda Smith, Development Services Associate; Kimberly Molina, Assistant Engineer and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Study Session of October 25, 2005. 4.2 Minutes of the Regular Meeting of October 25, 2005. C/Nolan moved, C/Torng seconded to approve the Consent Calendar as presented. Motion carried by the following Roil Call vote: NOVEMBER S, 2005 5. 6. PAGE 2 PLANNING COMMISSION AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: OLD BUSINESS: Nolan, Torng, Lee, VC/Low None Chair/McManus 5.1 Planning Commission Policy and Procedures Manual Review and Discussion. VC/Low felt that deleted Item 6 on page 5 — Commission Membership and Operations, should be reinstated because Commissioners serve at the pleasure of the Council Member who appointed them and without this provision the new Council Member would not have an opportunity to appoint a- person` of his - own choosing. ACANVohlenberg explained that the---- requirement that the seat be vacated within 90 days was part of the City's Municipal Code that was the ultimate control over the Policy Manual. He agreed that it would serve to place the Commissioners on notice without requiring that they read the Municipal Code. VC/Low agreed that this manual helped Commissioners to better serve on the Commission. She asked if the Commissioners would concur that the section on pages 6 and 7 that spoke to the effectiveness of a Planning Commissioner and suggestions on how to be a Commissioner should be included in the draft. C/Torng said he found very similar language in the draft manual on pages 11 and 12. VC/Low agreed. C/Nolan moved, C/Torng seconded to recommend adoption of the Planning Commission Policy and Procedures Manual as amended. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Torng, Lee, VC/Low NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/McManus NEW BUSINESS: None 7. CONTINUED PUBLIC HEARING(S): 7.1 ZONE CHANGE NO. 2004-1, CONDITIONAL USE PERMIT NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01 - In accordance with chapter 22 of the City of Diamond Bar Development Code, the applicant requested the following approval: A zone change from NOVEMBER 8, 2005 PAGE 3 PLANNING COMMISSION Neighborhood Commercial (C-1) to Community Commercial (C-2) District consistent with the General Plan Commercial designation; a Conditional Use Permit and a Development Review for the renovation of the fagade of the existing shopping center totaling 221,083 square feet; and a Variance to increase the building height for the proposed three story office/medical office building from 35 feet to 40 feet. The proposed renovations include the existing 45,031 square feet of existing in-line shop buildings or retail and restaurant uses with outdoor dining area, a new 49,100 square foot three story office/medical office building and a new 6,800 square foot two story office/retail building. (Continued from October 25, 2005) PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: Diamond Bar Boulevard between the northwest corner of Cold Springs Lane and the southwest corner -of Fountain Springs Road (Country Hills Towne Center), `Diamond Bar; CA 91 765 MCC Realty Management 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 ICDD/Fong presented staff's report and recommended that the Planning Commission reopen the. public hearing, receive testimony and forward a recommendation for approval to the City Council through the adoption of the resolutions. The applicant, Michael McCarthy, gave an overview presentation to indicate where certain uses were proposed to be placed within the center and how the current buildings would be upgraded to include a 40,000 square foot market area, new facades to update rooflines and new construction to current standards. In addition, a walkway was added between two parking bays to connect two buildings and a walkway was added off of Diamond Bar Boulevard down into the site from the AAA site down to in front of the food and coffee areas. The walkway was designed to intersect and meander across the parking lot into other retail uses on the opposite site of the center. Additionally, he plans to assign the center for ADA access from Fountain Springs. C/Lee asked Mr. McCarthy how he intended to accommodate the large restaurant spaces into the shopping center. Mr. McCarthy said he believed that food spaces were market-driven and at this juncture he was uncertain what tenants would rent space at the center, where the food uses would locate and what portion would actually come to fruition. The current demand NOVEMBER 8, 2005 PAGE 4 PLANNING COMMISSION was for multiple interests from different food categories including Sushi, Chinese, Italian, and American food/family style restaurants and his proposal was to have the option to sign leases if tenants became available and interested. He felt there was a very strong demand for restaurants in Diamond Bar that would include the ability to serve liquor and provide some type of entertainment. C1Lee asked if Mr. McCarthy had tangible candidates and he responded that he has letters of intent. At this point there are no leases signed. Once the anchor tenant market lease is signed the strategy will unfold for filling up the in-line spaces. C/Lee said he was concerned that without a tangible anchor tenant how Mr. McCarthy could allocate 30 percent of the center (60,000 square feet) to food uses. Mr. McCarthy said that at this point the cycle of interest from prospective tenants prior to signing an anchor are mostly with food related tenants jockeying for position within the center. T#he anch-ri-r affil=define-the--course of the shopping center and he would -begin _. to see more interest from soft retailers such as electronic retail, clothing, etc. F-1 Typically the life of a shopping center depends on the food vendors who are the most aggressive and prolific. Once the shopping center becomes anchored other tenants follow the anchor and food uses. VC/Low asked Mr. McCarthy to talk about the anchors. Mr. McCarthy responded that the current tenant Rite Aid is considered a co-anchor and that he has interest from two separate markets, one of which he prefers and with which he is negotiating a lease. The lease should be signed within the next 30 days. VC/Low asked how long Mr. McCarthy had been in negotiations with the anchor tenant and how certain he was that the anchor would sign within the next 30 days. Mr. McCarthy said there was no absolute in his business. However, he had been in discussion with this tenant since December 2004 and it was not untypical for markets to take a relatively long period of time to make a decision to sign a lease. Actually, a 12 -month period was probably on the quick side of the equation. Generally, market deals take two years to go through committee and obtain necessary approvals. In these instances the developer needs to stand still and let the process unfold. Mr. McCarthy indicated to VC/Low that he felt most of the obstacles had been overcome. The market essentially approved 40,000 square feet shown on the plan. The market required the tower element (part of the variance requested this evening), the addition of two loaders in the rear area and the fountain element in the center of the shopping center. In addition, the center was providing the market the frontage it needed. The market was in the process of completing a fixture plan for the space and because they have had their attorneys working on the agreement it seemed apparent to him that the market was sincere about moving forward. The quality of the proposed NOVEMBER 8, 2005 PAGE 5 PLANNING COMMISSION market is as close to an "A" quality market as he has seen with respect to fixtures, merchandising and products. The theme of the market is more of a world market theme with about 35 percent being U.S. products and the balance being a combination of Korean, Chinese and Japanese. And, the proposed anchor has the same types of prepared foods that one would find at a Bristol Farms or Henry's or Whole Foods and could easily compete with the Henry's of Chino Hills. C/Nolan asked if the anchor tenant currently operated stores in the United States and Mr. McCarthy responded "yes." C/Nolan stated that the Commission previously spoke about the lack of pedestrian walkways to connect the two buildings on Diamond Bar Boulevard as well as walkways to connect the two buildings down through the center to the main area just north of Rite Aid. ClNolan asked i��r;-�-McCarthy if there were any opportunities for additional pedestrian access or at the very least a softening of the parking lot mass with additional landscaping. Mr. McCarthy pointed out on the overhead what he felt would be active areas and indicated that he had connected those areas with the AAA building. The AAA building is a non -retail facility and there is a connection with the office building up and over. He asked for an opportunity to study the area further to see whether there could be additional connectivity. He also indicated that they had struggled with the landscaping issue and in their opinion it had failed in the past because of the view corridors. He does not want to create a situation where the project is finished and in five or 10 years from now the center has the same problem with landscaped areas blocking view corridors. It is critical to be able to see the storefront to have a sense of arrival. If the project blocks the storefronts it would create a problem for drivers traveling on Diamond Bar Boulevard to gain a sense of the center. C/Nolan asked what kind of sales tax revenue the center could potentially bring into the City. ICDDIFong said she had not researched that subject. CENolan said he believed it was important for the Commission and Council to know what the revenue stream would be. C/Torng told Mr. McCarthy he appreciated the commitment to refurbishing the Diamond Bar center. When he visited the Phillips Ranch center and found there were several good points to the center such as a variety of businesses. In his opinion however, there was not enough landscaping and the parking was limited. In the case of the Country Hills Towne Center he was pleased to see the superimposition of the three-story business and number of trees. He was concerned about the small amount of landscaping NOVEMBER 8, 2005 PAGE 6 PLANNING COMMISSION and hoped that Mr. McCarthy would commit to mitigating the mass of the three-story building with sufficient landscape materials. He agreed that the center portion should be free of large trees but felt the side streets and rear areas could be landscaped with trees. C1Torng cautioned Mr. McCarthy that his mall was not just for people who live in "The Country Estates" it was also for the residents at the south end of Brea Canyon Road and other adjacent areas. C/Torng reminded Mr. McCarthy that there were a lot of schools in the area of the center and he felt that the young people would like a good place to shop, eat and take advantage of a safe environment and he hoped that Mr. McCarthy could attract businesses that would serve the youth of Diamond Bar. He asked staff to comment on the percentage of landscaping required by ordinance because he wanted to be certain that the center met the requirement. Mr. McCarthy said that even though the Phillips Kanch center was about 95 percent leased the construction was only about 85 to 90 percent completed. For example, the restaurant building needed to be completed before the parking lot was resurfaced. In spite of the fact that the Phillips Ranch center sits in a very secluded area with a very low traffic count he was successful in attracting major solid retailers such as Blockbusters, Ace Hardware, It's a Grind Coffee, etc. Relative to the Country Hills Towne Center he recalled that a resident was concerned about how the shopping center looked from the rear and as part of the conditions of approval he had agreed to screen all of the HVAC systems on the old part of the center. The new portion was developed in 1987 and he was somewhat concerned about large trees because the lanes on the side area were fire lanes and those must be kept wide open for access. In addition, the existing buildings leave little room for landscaping. However, he has shown the cornices along the sides and along the top at the rear of the buildings. C1Torng's concern about landscaping is his concern as well and he plans to soften the area of the office building with heavy landscaping. The major portion of the landscaping is being concentrated at the entryway of the center to create an exciting sense of arrival. There is a large water element and waterfall going down the center of the entryway that continues on down into the center. However, he is somewhat hampered by the pre-existing conditions on a going forward basis of the already constructed center. The center is currently at about 7.5 percent landscaped and if he was building a new center the code would require 15 percent landscape coverage. Mr. McCarthy said he had a difficult time attracting restaurants to Phillips Ranch because it was a neighborhood area and would not support a lot of food uses. He estimated that he had about 10 percent of the interest in food at Phillips Ranch that he has at the Country Hills Towne Center which says a lot about the trade area and NOVEMBER 8, 2005 PAGE 7 PLANNING COMMISSION demographic profile as well as the ability for a restaurant and food use to succeed in the Diamond Bar center. Regarding youth related areas, coffee shops, juice bars, bookstores, food uses, gift stores that would be attractive and safe for young people, those are included in the projected uses. CILee felt that in order to have 60,000 square feet of food uses succeed it would require that about 3,000 people a day visit the center. He asked if Mr. McCarthy had any plans for security at the center. Mr. McCarthy said that he would like to have an armed guard 2417 on his properties. However, it was too expensive so an unarmed guard would be located onsite during nighttime hours as was currently the situation at the center. Security is very important and he is somewhat concerned because when he operated the theater for a very short period of time it was robbed twice in two weeks. He said he was also very concerned- anc�rvould do as much as possible to secure the grounds. He is seeking high-quality establishments and any type of loitering that would detract from that quality would not be allowed. VC/Low reiterated the importance of landscaping. Page 5 of the landscape report indicates that staff is willing to work with the applicant to address the proposed condition to provide tree wells within the parking lot, etc. VC/Low asked Mr. McCarthy if he was agreeable to working with staff to provide adequate landscaping in accordance with the conditions? Mr. McCarthy said it sounded like a strategic approach to landscaping and not just a shotgun blanket approach and that he, ICDDIFong and the architect would be discussing how to proceed. He included a budget amount for benches and walkways including replacement of the benches outside of 31 flavors. VC/Low wondered about landscaping the entire front of the center to attract shoppers. Mr. McCarthy said he was concerned about the visibility and view corridors. Typically, people driving toward the market would see the pylon and monument signs first and anticipate the entryway. VC/Low felt that only the rooftops of the inside buildings would be visible and if the Diamond Bar Boulevard exterior was inviting it would draw in the public. Mr. McCarthy agreed that signage was very important. He planned to add low-lying plants along the hillside but he said he did not want plants growing too high and undoing what he was trying to fix. He felt it would be best to sit down with staff and come up with a strategy for placement of types of plants, growth patterns of the plants, placement of the plants and consideration of how they would look in five years. VC/Low said she was concerned about clow the existing tenants would be treated during the rehabilitation process. She said that she had randomly called tenants and was surprised to hear that the shop owners had no idea NOVEMBER 8, 2005 PAGE 8 PLANNING COMMISSION about the renovation plans. Mr. McCarthy said that timing was somewhat tricky because he did not want to show the proposed plans to existing tenants until a plan was approved and in place. The emphasis had been on waiting for Planning Commission approval and anchoring the shopping center. Beyond that he would have a plan for where he would want to place existing tenants and would be able to sit down with them to see how they would play a role in the approved plan. He said he wanted to keep as many existing tenants as possible so it would behoove him to help them feel less vulnerable through the process. With respect to retention very often, new tenants are willing to pay much higher rents than existing tenants. Many of his existing tenants have stepped up to market or close to market rates and he has refurbished their spaces and their businesses have flourished as a result and they are very happy with their locations. Sometimes tenants have tv be -incubated for a period of three --or four months in order for -him ='-have tf a time to refinish their space. He cited examples of efforts to retain tei giants. C/Torng wanted to know if Mr. McCarthy would advertise the center. He asked if Mr. McCarthy was confident he could rent the entire medical/office building spaces. Mr. McCarthy responded that the office vacancy in Diamond Bar was less than five percent which was unusual for a sub -market of Los Angeles. What the City was lacking was a medical facility. Ideally, he would like to have a full -floor anchor tenant on the ground level and then fill the upper floors with doctors and groups of doctors with varying specialties. VC/Low reopened the public hearing. Dr. Sanjay Doshi, 2839 Diamond Bar Boulevard, said he gathered from the discussion that if approved there would be a drive-through coffee use at his location. He wanted to know what "incubation" meant because dentistry is a heavily developed space and not conducive to temporary relocation. He anticipated major changes and felt that more tenants would produce a safer atmosphere at the center. He suggested that Mr. McCarthy move AAA to the proposed medical office building location and refurbish the AAA building to a medical office building for better visibility. He believed that once his signage was not available to Diamond Bar Boulevard he would lose business. He also suggested that the theater be refurbished to professional use instead of retail. If the center accommodates the amount of food usage proposed there would likely be a parking problem. He understood the reason for revealing the anchor tenant when the time was right but he believed it would help the existing tenants if they had an interim arrangement so that they would not be looking for a new location. He was looking for support from the City and from the shopping center owner to remain at the center. NOVEMBER 8, 2005. PAGE 9 PLANNING COMMISSION A6n Cheon, Manager, Y.I.C. Taekwando, 2815 S. Diamond Bar Boulevard explained that she and her father own the studio and are 100 percent behind Mr. McCarthy. Her primary concern was that a lot of the older tenants were apprehensive about what would happen when new tenants came in and they would like for Mr. McCarthy to give some special consideration to the old tenants who had struggled to stay in business at the center. She said she wanted her concerns on the record and planned to speak with Mr. McCarthy in person. VC/Low closed the public hearing. C/Nolan said he still saw a lot of question marks and small negative nuances to the -project-=that were not specific to=7his comments.-. Whe,he : goes to -.:-- conferences and looks at what has been done to build and refurbish centers those plans are certainly more elaborate than the plans proposed by the applicant. He said he was still concerned about the lack of pedestrian walkways and to him it was not that difficult to include features that would break up the mass of the parking area. He was also concerned with the redundant uses of food and food courts. He understood that the landlord wanted to fill vacancies with viable tenants and businesses. He was also concerned about the anchor tenant. Mr. McCarthy stated the anchor was someone who had been in business for some time but citing previous tenants who have occupied the center, they did not succeed so he was still concerned about whether a grocery store was a viable anchor. He was also concerned about traffic mitigation, an overriding concern throughout the City. On a positive note, the increased revenue to the City was essential based on the recent loss of two large tenants, Also very important was the morale of the people in the area. He felt the area was indeed blighted and needed refurbishing. The City talks about redevelopment but it is not the City that is redeveloping the area, it is Mr. McCarthy who is putting his dollars on the line. Some of the comments made by the business owners are part and parcel of negotiations between them and Mr. McCarthy. Because the Planning Commission is recommending a solution to the City Council his inclination would be to recommend approval based on the fact that the City Council would further review the proposed project and perhaps have the ability to secure inducements that would make it more palatable for the business owners and for the residents in the area. He felt this was one of the most important decisions that had come before him in his four years on the Planning Commission and believed that the City Council should have the opportunity to review the project and decide whether to move forward. NOVEMBER 8, 2005 PAGE 10 PLANNING COMMISSION C/Torng felt that this was a very important project for the City and could see there were areas of the project that needed to be improved. As Mr. McCarthy said, in his business he needs to have some private strategy to help guarantee success. Based on the center he visited that was 95 percent occupied, if The Country Hills Towne Center were 95 percent occupied this City would owe Mr. McCarthy a lot because it would be very important to the "life" of Diamond Bar. He felt that if Mr. McCarthy improved the landscape it would help improve the attendance at the center. He reiterated the residents' concerns that if the project moved forward Mr. McCarthy will have good communication with the current tenants so they would be able to chart their future. VC/Low agreed with C/Nolan that the concerns about the landscaping, the redundant uses and the questions -regarding the anchor tenants were -big question marks and rendered this project somewhat difficult. However, one does not decide a project based on the question marks but instead on careful balance between give and take. The gain for the City is that there is a project in the works that offers a solution to a desperate condition. She too was very appreciative that Mr. McCarthy was stepping up to move this project forward. Perhaps some of the other matters such as traffic and the aesthetics of the ground level of the center could be mitigated by the time the project reached City Council. She was concerned that the Commission was just now seeing the plans after two years of preparation and felt it may be necessary to place a time limit on permits and entitlements. C/Torng moved, C/Lee seconded to recommend City Council approval of Zone Change No. 2004-1, Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, Lee, Nolan, VC/Low NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/McManus 8. PUBLIC HEARING(S): 8.1 Zone Change No. 2005-01. In accordance with Development Code Sections 22.44 and 22.70 this was a request to change the existing zoning of commercial and industrial properties for the purpose of General Plan compliance. NOVEMBER 8, 2005 PAGE 11 PLANNING COMMISSION PROJECT ADDRESS: Citywide APPLICANT: City of Diamond Bar 21825 Copley Diamond Bar, CA 91765 AssocP{Lunge reported that in accordance with the provisions of the California Environmental Quality Act (CEQA) Sections 15162 and 15168 (c) (2), the City has determined proposed Zone Change No. 200501 was consistent with the previously certified General Plan Program Environmental Impact report and Addendum certified July 25, 1995. Therefore, further environmental review was not required for the proposed zone changes. Staff recommends that the Planning Commission adopt a resolution recommending-3ity Council approval of Zone Change No. -2005-01. VC/Low opened the public hearing. Lyle Kennedy, 650 Brea Canyon Road and 21015 Washington Street, referred to APN 8719-010-007 as a one -acre parcel that had been in his family since 1955. When his parents purchased the property all of the land between the railroad tracks and 5th Avenue (Golden Springs) was zoned Industrial. At some point, Los Angeles County decided to allow residential uses between Washington Street and what is now the freeway. He said that in his opinion it was poor planning to rezone a flat area residential and it should have remained Manufacturingllndustrial. Now Washington cannot be used as an Industrial street because residents have a vested interest in excluding truck traffic. He guessed that the area between the railroad and the freeway should be Industrial in the City's General Plan even though it would be a long-term approach that would enhance public revenue and reduce costs. He asked what the allowed uses would be under the proposed Industrial zone and said he was unhappy with the change. The Alameda Corridor continues to expand and although his property has been inspected for purchase he has received no firm offer for purchase. Eric Everhart, representing the Evangelical Free Church of Diamond Bar, 3255 S. Diamond Bar Boulevard, said his church did not understand the ramifications of the proposed zone change and how it would affect the church. He requested that the Board of Eiders have the opportunity to receive a report from staff regarding potential impacts to the church. Claudia Salazar, representing the owner of Plaza Diamond Bar, 1900-2040 Brea Canyon Road, was concerned about how the plaza would be affected. NOVEMBER 8, 2005 PAGE 12 PLANNING COMMISSION One building burned and the owner was in the process of obtaining permits to rebuild. The other four buildings were primarily retail and the zone change would be from C-2 to Office. She wanted to know if the 180 -day rule would affect the completion of the plaza. The owner would prefer that the C-2 zoning remain in place. VC/Low closed the public hearing. ICDD1Fong reported that she provided Mr. Kennedy with a copy of the Industrial zoning land use matrix that indicates the permitted uses and uses requiring CUPS. All churches in Diamond Bar can be located in any zoning district as long as they have applied for a Conditional Use Permit. In fact, Evangelical Free Church has an approved Conditional Use Permit and the zorro; change'does not affect the church: ACAIWohlenberg stated that generally speaking, a change in zoning from residential to commercial would increase the property value. Should the church choose to relocate they would have a commercially zoned parcel of property that should be worth substantially more than the residentially zoned property. C1Lee was concerned that the residents and property owners had not received adequate notice and time to learn how the proposed changes would affect their property. ACAMlohlenberg said that because of the number of parcels involved the government allows the City to publish notice in the newspaper. Because staff felt that may be inadequate although legally adequate they decided to mail notices to all involved property owners. Therefore, the noticing was more than what was required by law. ICCDIFong indicated to Ms. Salazar that if the use was in the building prior to when the new Code was in effect the use was "grandfathered" in and the use could remain as long as the owner chose to operate in that location. For example, even though the mini -market was not a permitted use it could continue as long as it remained a mini -market. If the mini -market should move away the space may have to be leased out to conform to existing uses under the current code. ACAIWohlenberg explained that when an existing business was damaged or destroyed as in the case of the fire the general rule was that if it was more than 50 percent destroyed the use was considered terminated and if it was less than 50 percent destroyed it could be rebuilt. However, in this case the restaurant had been issued building permits and would soon commence NOVEMBER 8, 2005 PAGE 13 PLANNING COMMISSION construction. The contemplated zone change has not yet taken affect and would not take affect until 30 days after Council approval. ICDDIFong explained that the burned building was actually an office building even though there was a restaurant in the building and replacing the office building was not replacing a non -conforming use and was permitted in the office/commercial zone. It was the use inside of the building that may be of concern and a restaurant was allowed in an OP zone. The mini -market could potentially be an issue. However, the mini -market was already open and would therefore be allowed since the business was moved adjacent to the burned out location with very little downtime. C/Nolan asked if it were necessary for all changes to be done :.... ::.. simultaneously. He -understood that there..wo.uld.be-,7.�z_changes to -anything.. . church related. However, he noted that others may fee -differently and in dight of the fact that it had lingered for some time, would it be prohibitive to continue that portion for 30 days. ACAIWohlenberg said that legally a City could change the zoning code as many times as it liked. However, the City is limited in the number of times it could change the General Pian, the constitution of local land development. This action was being taken merely to bring the zoning code into compliance with the General Plan and the City would like to do that as expeditiously as possible even though several years have passed since attempting to get this project completed. If the Commission would so choose it could act on some of the changes and not on others. ICDDIFong stated that this was the first in a series rezoning requests staff would be bringing to the Commission and to the City Council and staff could remove one parcel and move it to the next series to allow the church board an opportunity to discuss whether the zone change would impact the church, for example. C/t_ee wondered if the entire matter could be continued so that residents could have an opportunity to better understand the process and the concept. AssocP/Lungu reiterated thatshe received about 35 calls from residents. ICDDIFong stated that because property owners were not present this evening it indicated to staff that they were in favor of or had no comment on the rezoning. There are three property owners concerned about their properties and if the Commission so directs staff could place those items of NOVEMBER 8, 2005 a 10. PAGE 14 PLANNING COMMISSION concern on a future agenda to give staff an opportunity to meet with the church and better help the board members to understand how rezoning would impact their properties. C/Lee said that as a Planning Commissioner he must be comfortable in reaching a decision and if he is not comfortable he cannot decide and does not want to give up his right. He would like to approve the rezoning changes because it makes sense to him. However, the residents seem to have questions and concerns that he felt needed to be addressed. C/Nolan moved, C/Torng seconded that the Planning Commission adopt a resolution recommending City Council approval of Zone Change No. 2005-01 with the exception of Sites 5, 6, 14 and 18. Motion carried by ..the,.fc".�-wing..Roll_,CaII vote: AYES: COMMISSIONERS: Nolan, Torng, Lee, VC/Low NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/McManus PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: CILee felt that Mr. McCarthy had spent a lot of time and energy toward the refurbishing of the Country Hills Towne Center and he wished Mr. McCarthy and his company the best of luck. He felt the project would help to rejuvenate downtown retail businesses in general. C/Torng also wished Mr. McCarthy and his company much success in their endeavor and hoped the project would move forward under staff's watchful eyes to make sure that it was a good project for the City. C/Nolan commended VC/Low on her skillful chairing of tonight's meeting. STAFF COMMENTS AND INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. 10.2 Status of approved projects. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. NOVEMBER 8, 2005 PAGE 15 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, VC/Low adjourned the meeting at 9:30 p.m. Respectfully Submitted Nancy Fong Interim Communi ment Director Attest: Ruth L w, Vice Chairperson CITY COUNCIL Agenda # 6.3 Meeting Date: Janumy 3, 2006 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Ratification of Check Register dated December 8, 2005 through December 22, 2005 RECOMMENDATION: Ratify Check Register containing checks dated December 8, 2005 through December 22, 2005 totaling $1,224,496.95. FINANCIAL IMPACT: Expenditure of $1,224,496.95 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 December 8, 2005 through December 22, 2005 for $1,224,496.95 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: Linda G. Magnuson Finance Director REVIEWED BY: Finance Director Ass ' t'ant Oity Manager Attachments: Affidavit and Check Register— 1218105 through 12/22/05 CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listing of demands, invoices, and claims in the form of a check register including checks dated December 8, 2005 through December 22, 2005 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Fund # Description Amount 001 General Fund $853,501.28 112 Prop A - Transit Fund 12,455.05 115 Int, Waste Mgt Fund 6,768.12 118 AB2766 - AQMD Fund 59.40 125 CDBG Fund . 4,242.20 126 Citizen's Option for Public Safety Fund 276.95 138 LLAD #38 Fund 22,843.71 139 LLAD #39 Fund 15,894.72 141 LLAD #41 Fund 7,970.92 250 Capital Improvement Project Fund 265,568.22 520 Eq. Replacement Fund 34,916.38 $1,224,496.95 Signed: Linda G. 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Cn O H Cn all ,fil W W Cn lD .G .A .P al W Cn W U O o OY ID o O O 00 C, H N t'J (n o z H o H O (n N C N Z N b n m n I 0 N t] iJ 0 Pi m 0a :a O C 0 I 0 z H n z F3HH11 rO m LA u tJ z ro z I Fa m I o �i 7� 7� r ✓� CEJ x " C € o n 0 m H n w m (n m m H ;T y' :v Fd FC L 3 H LTJ o H H H C C C C w 'Zi H H "ry m " m O o nnno 1 G) x zz o til €z n o H n r mmmm t€ 1 1 n o m G7 Ha 1 1 R � H w o 0 �a HI - o �J �:j ro u t cu C ul ro ro t�3 z m ro \ O N m HHH rr] m 7c1 m Ul m Ul b Zi Z a I n H H Ci I - o 'z 1 Cn C 0 7d Ll to 10 w D I z L=J a .A W co n t1 x �o x n l_, z € to co m \ w 3 C o r xxn z0 0n LNi m r vi C3 n 0 0 0 0 000000 0 Ca o 000 0 0 0 0 H Jy 10o n n o 0 0 0 00000 n o n noo 0 0 n o n� 0 0 O O C? C3 O 00000 O O O 000 4 O O O ro ;>J z N C; b3 N N N N N N W F N H w .P .P .A a, .A iA H W Cn N J >i N J Y �€ Cn J O w H H m N I-' H I- J lD tD lD W H Q� m J In O (n tD O (O o N M m (n 0 Q W 61 C] O O O O lfl lD CD b N 0 O m m 6) 61 (n W lD Ln &, LD Cn O O O O 'G H cn Cn Cn O O o (7 (n .A w o N (D (n CO M J H 0 O o o H Un CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager r� TITLE: Treasurer's Statement — November, 2005 RECOMMENDATION: Approve the November 2005, Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.4 Meeting Date: .Ian. 3, 2006 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the preliminary cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Linda G. Magnuson, Finance Director Department Head Attachments: Treasurer's Statement, Investment Portfolio Report Deputy City Manager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT November 30, 2005 GENERAL FUND $25,561,451.28 $843,592.28 $643,201.25 ($51,530.09) $25,710,312.22 LIBRARY SERVICES FUND 0.00 PAYROLL ACCOUNT 142,007.61 0.00 COMMUNITY ORG SUPPORT FD (2,839.68) 500.00 (3,339.68) GAS TAX FUND 753,016.89 117,230.14 INVESTMENTS: 870,247.03 TRANSIT TX (PROP A) FD 975,882.25 214,909.36 76,773.25 1,114,018.36 TRANSIT TX (PROP C) FD 1,373,041.46 111,828.68 FED HOME LOAN BANK NOTE -1.5 yr 1,484,870.14 iSTEA Fund INTEGRATED WASTE MGT FD 0.00 574,078.17 4,002.41 23,074.64 0.00 555,005.94 AB2928-TR CONGESTION RELIEF FD 74,336.99 FED HOME LOAN BANK NOTE -1.5 yr 1,000,000.00 74,336.99 AIR QUALITY IMPRVMNT FD 95,631.36 22,173.79 73,457.57 PROP A - SAFE PARKS ACT FUND (2,016.41) (2,016.41) PARK& FACILITIES DEVEL. FD 1,915,147.61 TOTAL CASH $32,060,973.42 1,915,147.61 COM DEV BLOCK GRANT FD (10,936.95) 17,455.04 (28,391.99) CITIZENS OPT -PUBLIC SAFETY FD 302,724.80 302,724.80 NARCOTICS ASSET SEIZURE FD 322,344.35 322,344.35 CA LAW ENFORCEMENT EQUIP PRG 72,953.14 72,953.14 LANDSCAPE DIST #38 FD 367,998.81 4,062.07 24,956.93 347,103.95 LANDSCAPE DIST #39 FD 166,912.50 2,903.25 18,698.45 151,117.30 LANDSCAPE DIST #41 FD 341,333.88 2,275.65 10,267.90 333,341.63 GRAND AV CONST FUND CAP IMPROVEMENT PRJ FD 0.00 (2,631,920.80) 421,160.15 0.00 (3,053,080.95) SELF INSURANCE FUND 1,360,272.09 1,360,272.09 EQUIPMENT REPLACEMENT FUND 200,293.71 25,428.02 174,865.69 COMPUTER REPLACEMENT FUND 31,584.09 31,684.09 PUBLIC FINANCING AUTHORITY FUN 235,428.12 182.71 33 141.37 51 530.09 253 999.55 TOTALS$32,076,817.66 $1300,966.55 $1,316,830.79 $000 $32,060,973.42 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($76,659.40) PAYROLL ACCOUNT 142,007.61 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $66,098.21 INVESTMENTS: US TREASURY Money Market Acct. $67,495.69 LOCAL AGENCY INVESTMENT FD 26,673,379.97 FED HOME LOAN BANK NOTE - 1.0 yr 1,000,000.00 FED HOME LOAN BANK NOTE -1.5 yr 1,000,000.00 FED HOME LOAN BANK NOTE - 2.0 yr 1,000,000.00 FED FARM CREDIT NOTE - 2.5 yr 1,000,000.00 FED HOME LOAN BANK NOTE -1.5 yr 1,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 100,749.21 LOCAL AGENCY INVESTMENT FD 153,250.34 (Bond Proceeds Account) TOTAL INVESTMENTS 31,994,875.21 TOTAL CASH $32,060,973.42 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimate eXpenditures. Linda C. Lowry, Treasurer Y N (h v 0 N o 0 0 0 0 0 0 W CO (D CO ( ( O O O O O C o m :Fa C: C3 CO LO LO V) M M m O s17 U CMO 00 (P N O CQD o M M (J M 'e3' V' It (u C: 0 N 0 0 0 0 0 0 0 0 0 Q C) O m cn u? O ami cti U o U O M CYJ r0 (7 (O 0o m to LO 10 NT O cl� N a En (n (h (moi ri m �t �t v dt �t W 00 M O lll (rr (A - (0 ao CJ r .0 0 N z Q p C: O O O Ch O (D O M M e O (O M M (l7 ('7 M O C� C 00 co � (O N Cl) O 4 0 0 0 (� It d) O C) 0 CD 0 0 0) L I r- to m� ro I Iri ffi Lf)cCQ O3) (0 O L(j 0) 0) Lr Y Y rn 0) () O) CD C (D o N N 10 O CD 0 O 0O M � ((D N M 0 O 0 O 00 r 0) Lo C)) O O O C) O Q d j o C c~i rte- N o C C C WaW�N O rinoCe) 0aaoo a) (D ( oodE o m 0 Q¢ ❑ J E N z0 O LL O E (A W O O 25 Y `'" N N a 4 O O h0 0 ZO rn 0.) 0to Z '� O O W 4- O OO O O OO U CLS N N N N O Z7 ❑ o C) CD CL � � c c •�-n z z z z z0 c mam Cc cS O JJJJO U 0 0 0€ 0 N j 0 N 0 z = = LL = - ro 2 m F- F- O N m m a3 7 O J IS � LL I LL LL LL CD O 00"1 O C C C C C m LL LL i w c c 12 a1 21 p 2) 21 2 O 5L M CO LL LL LL IL LL 0 N p 0 (!1 VI (A N N (n C: m m •E •e N 3: 5 Z) N W O C o m :Fa C: C3 O U E U M m O s17 U o (u C: 0 N 0 c N � E4 � Q C) O m cn u? O ami cti U o U O W (rr O Q p O O O O (O O 00 co (� M 69 ffi O a ti o N 10 O M ti 4q L• cc 00 r O N Oi a) (D to N (n m 69 (A N Lo(0 LC] to to O O O O O N N N N O (� <t o (V N Y O Y T- 0 0 N 0 N (ten (2n m m m U 0 U U U — N m :s e W CD C o m :Fa C: C3 O U E U E U C m O s17 U o (u C: 0 N 0 c N � E4 � Q C) O m cn u? O ami cti U o U O Lo(0 LC] to to O O O O O N N N N O (� <t o (V N Y O Y T- 0 0 N 0 N (ten (2n m m m U 0 U U U — N m :s e CITY COUNCIL Agenda # 6.5 Meeting Date: 1/03/06 AGENDA REPORT TO: Honorable Mayor and Members of t e City Council VIA: Linda C. Lowry, City Manager tl P TITLE: ACCEPTANCE OF WORK PERFORMED BY ENVIRONMENTAL CONSTRUCTION, INC. FOR THE CONSTRUCTION OF LANDSCAPING AND IRRIGATION IMPROVEMENTS AT VARIOUS MEDIANS AND CONSTRUCTION OF TWO PICNIC SHELTERS AT PANTERA PARK; DIRECTION TO THE CITY CLERK TO FILE THE PROPER NOTICE OF COMPLETION AND TO RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE. RECOMMENDATION: Accept the work performed by Environmental Construction, Inc.; direct the City Clerk to file the Notice of Completion; and authorize the release of the retention. FINANCIAL IMPACT: Project Costs: Construction Contractor $731,742.20 Construction Inspection 12,625.00 Soils Tests 500.00 Plan Check 2,500.00 Duplication of Plans and Specifications 2,000.65 Total Project Costs $749,367.85 Project Budget: $760,760.00 The project cost $11,392.15 less to complete than was budgeted. BACKGROUND: The City Council awarded a contract to Environmental Construction, Inc. on June 21, 2005 in the amount of $688,552.20 plus 8% contingency amount of $55,082.80 for total authorization of $743,635 to construct landscape and irrigation improvements at various medians in Diamond Bar plus the construction of two picnic shelters at Pantera Park. The work was substantially completed on December 8, 2005 and is now ready to be accepted. DISCUSSION: Environmental Construction, Inc. submitted the low bid for this project in the amount of $748,342.20. Staff worked with the contractor on value engineering to reduce the contract amount to $688,552.20. The City Council awarded a contract to Environmental Construction, Inc. on June 21, 2005 in the amount of $688,552.20 plus an 8% contingency amount of $55,082.80 for a total authorization of $743,635. Change Order #1 was processed in the amount of $5,190 to add two items to the contract that were inadvertently removed during value engineering. Change Order #1 added a backflow prevention device, enclosure and strainer at Brea Canyon Cutoff and footings to the picnic shelters at Pantera Park. Change #2 was processed in the amount of $45,000 to add jute mesh and mulch to 54,150 sq. ft. of area at Brea Canyon Cutoff. This material will make it easier to maintain weed control in this area and resulted in a $60,000 per year lower landscape maintenance contract price than if no jute mesh and mulch were in place. Change Order #3 was processed at a credit of $7,000 to eliminate four in -ground picnic tables at the picnic shelters at Pantera Park. Staff plans to purchase surface mount table for these shelters that will provide more flexibility of their use. After processing the three change orders, the final amount of the contract with Environmental Construction, Inc. totals $731,742.20, well within the authorized amount of $743,635. The improvements constructed under this contract are: ♦ Slope landscaping and irrigation along Brea Canyon Cutoff. ♦ Landscaping and irrigation on Pathfinder at Evergreen Springs. ♦ . Landscaping and irrigation on Brea Canyon Rd at Gerndal. ♦ Landscaping and irrigation on Golden Springs at Adel. ♦ Landscaping and irrigation on Diamond Bar Blvd between Mt. Laurel and Maple Hill Rd. ♦ Two new picnic shelters at Pantera Park Director of Community Services Attachment: Notice of Completion RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21525 COPLEY DRIVE DIAMOND BAR, CA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion, Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21825 Copla Drive Diamond Bar CA 91765 4. The nature of the interest or estate of the owner is; "In fee" (if other than fee, strike "€n fee' and insert, for example, "purchaser under contract of purchase," or Imsee') 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESS Environmental Construction Inc. 7210 Jordan Avenue #C96 Canoga Park CA 91303 6. A work of improvement on the property hereinafter described was completed on December 9, 2005 The work done was: Landsca e & Irrigation Improvements and Picnic Shelters 7. The name of the contractor, if any, for such work of improvement was Environmental Construction Inc. June 21 2005 (lf noeontmctor for work of improvementas a whole, insert "none") (Date of Contract) & The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows: Golden S win s & Adel Brea Canyon Road & Gerndal Pathfinder & Evergreen SM s Diamond Bar Blvd between Mt. Laurel and Maple Hill Road and Brea Canyon Cutoff; and Pantera Park 9. The street address of said property is Dated: Verification for Individual owner (tf no street address has been officially assigned, insert "none") - CITY OF DIAMOND BAR Signature of owneror corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the City Manager the declarant of the foregoing ("resident of', "Manager of," "A partner of," "owner of," etc.) notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on tom at Diamond Bar -,California. (Date of signature) (City where signed) (Personal signature of the individual who is swearing that the contents of the notice of completion are true) DO NOT RECORD REQUIREMENTS AS TO NOTICE OF COMPLETION A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement (to be computed exclusive of the day of completion), as provided in Civil Code Section 3093. The "owner" who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in -interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title. For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice. If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co- owners (in fact, the foregoing form is designed for giving of the notice by only one covenant), but the names and addresses of (he other co-owners must be stated in paragraph 5 of the form. Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors. In paragraphs 3 and 5, the full address called for should include street number, city, county and state. As to paragraphs 6 and 7, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (I) Strike the works "A work of improvement" from paragraph 6 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e..g., "The foundations for the improvement"); (2) Insert the name of the contractor under the particular contract in paragraph 7. In paragraph 7 of the notice, insert the.name of the contractor for the work of improvement as a whole. No contractors name need be given if there is no general contractor, e.g., on so-called "owner -builder jobs." In paragraph 8, insert the full legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached. In paragraph 9, show the street address, if any, assigned to the property by any competent public or governmental authority. Agenda # 6 . 6 Meeting Date: January 3, 2006 CITY COUNCIL rlc(>I;It��ls, AGENDA REPORT res°' TO: Honorable Mayor and Members of to City Council VIA: Linda C. Lowry, City Manager TITLE: AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICE AGREEMENT WITH P & D CONSULTANTS FOR PROVIDING CONSULTING SERVICE TO ANNEX APPROXIMATELY 100 ACRES IN THE CRESTLINE DRIVE AREA INTO THE CITY OF DIAMOND BAR, FOR A TOTAL CONTRACT AMOUNT OF $129,575 PLUS A 10 PERCENT CONTINGENCY OF $12,957.50 FOR A TOTAL AUTHORIZATION OF $140,532.50. RECOMMENDATION: Authorize City Manager to enter into the professional service agreement with P & D Consultants. FINANCIAL IMPACT: The FY 2005-2006 Budget allocated $175,000 for General Plan amendments and annexations. The $140,532.50 is within the allocated budget. BACKGROUND: On July 13, 2005, Los Angeles County Local Agency Formation Committee (LAFCO) approved the inclusion of 100 acres of developed land in the City of Diamond Bar sphere of influence (SOI). The area is located at the southeast side of Brea Canyon Cutoff and Pathfinder Road. This action by Los Angels County LAFCO is the first step for the City to plan the annexation of approximately 100 acres of property. In anticipation of the annexation, staff solicited a bid from a professional consulting firm, P & D Consultants, that specializes in annexation and has experiences in working with the Los Angeles County LAFCO. DISCUSSION: The 100 acres, commonly referred to as the "Crestline Drive area", consists of 150 parcels of single family homes, several parcels of open space, a parcel developed with a church and a day care, and a parcel developed with a three-story office building. Generally, the annexation of the Crestline Drive area will result in a minimal increase in the property tax revenue to the City (5% for each property tax dollar) and an ' increase of approximately $100,000 in sale tax because of an existing business. This increase will offset the City's services to the 150 homes. The financial implications of the annexations will be studied and analyzed as part of the annexation process. The scopes of services from P& D Consultants include the following and as shown in Attachment 2: 1. Attend meetings with Diamond Bar and LAFCO staff 2. Engage community participation and meetings 3. Initiate General Plan amendment and,Prezoning 4. Prepare CEQA documents for the General Plan, Prezoning and annexation 5. Prepare and complete the LAFCO annexation process 6. Project management Prepared By Nancy Fong, AICP Interim Community Development Director Attachments: Wvo Reviewed By Dave Doyle Assistant City Manager 1. Profession Service Agreement and Scope of Services 2. Summary of LAFCO Annexation Process 3. Crestline Drive area CONSULTING SERVICES AGREEMENT THIS AGREEMENT is entered into this 3rd day, of Januar , 2006, by and between the City of Diamond Bar, a municipal corporation ("City") and P&D Consultants, ("Consultant") RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows; 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", the Consultant's proposal, dated October 10, 2006. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A." 2. Term of Agreement. This Contract shall take effect January 3, 2006, and shall continue until completion of the project unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of 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. Total payment to Consultant pursuant to this Agreement shall not exceed ONE HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED SEVENTY FIVE DOLLARS ($129,575.00.) 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. �trA�f� l 5. Addresses. City: City Manager Consultant: P&D Consultants City of Diamond Bar 8954 Rio San Diego Dr., Ste. 610 21825 E. Copley Drive San Diego, CA 92108 Diamond Bar, CA 91765-4177 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to .pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. 2 In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance.. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 3 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of . its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such M services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 5 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: Linda C. Lowry, City Clerk Carol Herrera, Mayor Approved as to form: By: City Attorney "CONSULTANT" Its: 7 December 1, 2005 Exhibit "A" Nancy Fong, AICD Interim Community Development Director City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4178 Subject: Crestline Drive Area Annexation Proposal Dear Ms. Fong, As you recently requested, P&D Consultants, Inc. (P&D) has prepared and is pleased to submit our proposal for professional consulting services related to annexation of the Crestline Drive area, consisting of approximately 100 acres of developed land adjacent to the City of Diamond Bar. Our predecessor firm, Cotton/Bridges/Associates (CBA) prepared Diamond Bar's first General Plan and that experience provides us with substantial knowledge and understanding of the City enabling our firm to complete this important assignment in an efficient and cost effective manner. P&D also has substantial experience in the four areas of services required for successful completion of this assignment: 1) General Plan amendment and prezoning; 2) municipal annexation; 3) environmental documentation under the California Environmental Quality Act (CEQA); and 4) community participation. P&D will undertake the following scope of work to complete the project: Task 1.0 Project Initiation The P&D project team will initiate the project by defining key methods for managing the project with City staff and initiating contact with the staff of the Los Angeles County Local Agency Formation Commission (LA LAFCO). Task 1.1-- Kick-off Meeting with City Staff P&D will meet with City staff to review the scope of services for further refinement and establish protocols for communication, progress reporting, work product delivery, invoicing and other aspects of project management. Task 1.2 — Initiation of Contact with LA LAFCO P&D will meet with City staff and LA LAFCO staff to discuss the annexation proposal for the Crestline Drive area. We have contacted LA LAFCO during the preparation of our proposal and determined that Sara Grossman is the appropriate staff contact person for the project. The purpose of the meeting is to confirm: a) the key contact person at LA LAFCO as a point for all communication about the annexation; b) issues related to the annexation from LAFCO's perspective; and c) all requirements for completing the annexation application and its processing. Stella Marquez December 1, 2005 Page 2 Products Action Minutes of Kick-off meeting with City staff (1 copy) Action Minutes of Project Initiation meeting with LAFCO staff (1 copy) Meetings Kick-off meeting with City staff (1) Project Initiation meeting with LAFCO staff (1) Task 2.0 Community Participation During the course of completing Task 3, P&D will assist the City in conducting the community participation component of the project. For this task, City staff will assume a leading role and P&D will assist with facilitation of public meetings and the preparation of meeting materials. Task 2.9 -- Community Meetings Two community meetings will be conducted with interested parties in the Crestline Drive area to explain the purpose of the City's desire to annex the area, the process involved and how those parties can participate. P&D will assist City staff in conducting those meetings by providing skilled facilitation and meeting materials, such as information fact sheets, frequently asked questions (and answers) and graphic depictions of the properties involved. Products Meeting materials and facilitation for 2 Community Meetings Meetings Community Meetings (2) Task 3.0 General Plan Amendment and Prezoning The Crestline Drive area has recently been approved by Los Angeles County LAFCO for inclusion in the City of Diamond Bar sphere of influence (SOI). That action represents the first step in completing annexation of the property to the City. However, the City's General Plan must be updated to reflect both the addition of the Crestline Drive area to the City's SOI, as well as its anticipated annexation. Task 3.9 — General Plan Amendment and Prezoning Determinations P&D will review the City's General Plan and identify all sections within the Plan`where modifications are needed to reflect the inclusion of the Crestline Drive area within the Diamond Bar's municipal boundaries. The City's Zoning Ordinance will also be reviewed with the intent of identifying the appropriate zoning districts that would apply to the property following annexation. We will prepare a memorandum summarizing all necessary changes to the General Plan, as well as the recommended prezoning districts for review and acceptance by the City staff. Task 3.2 — Draft General Plan Amendment P&D will prepare an administrative Draft General Plan incorporating the Crestline Drive amendment for review by City staff. Following staff review of the administrative Draft Plan, we will make modifications directed by staff and prepare a Public Review Draft General Plan for public hearings before the City's Planning Commission and City Council. Using a City staff -provided resolution format, we will prepare the Planning Commission and City Council resolutions for adoption of the amended General Plan. Our scope of services assumes that City staff will be responsible all noticing related to the availability of draft documents, such as the amended General Plan, for public review. Task 3.3 -- Prezoning Using a City staff -provided format, P&D will prepare the ordinance for prezoning the properties within the,Crestline Drive area. Our scope of services assumes that City staff will be responsible for all Stella Marquez December 1, 2005 Page 3 noticing related to the availability of draft documents, such as the prezoning ordinance, for public review. Task 3.4 — Final General Plan Following City adoption of the amended General Plan, P&D will prepare a master copy of the adopted General Plan for City printing. Products General Plan Amendment and Prezoning Determinations Memorandum (1 electronic copy) Administrative amended Draft General Plan (3 hard copies) Public Review amended Draft General Plan (60 hard copies and 1 electronic copy) Final General Plan (1 hard copy Master and 1 electronic) Meetings Administrative amended Draft General Plan review with City staff (1) Task 4.0 Initial Study P&D will prepare a CEQA Initial Study (IS) Checklist Form (CEQA Guidelines Appendix G) for the proposed project including: • A comprehensive project description. • Appropriate figures to identify the proposed project in relation to the regional and local area A draft IS will be submitted to the City staff for review and comment. One set of revisions to the IS will be made in response to comments provided by City staff and a final IS will be completed Products Draft Initial Study (3 copies and 1 electronic copy) Final Initial Study (3 copies and 1 electronic copy) Meetings Review of Draft Initial Study (1 meeting with City staff) Task 5.0 Draft Negative Declaration or Mitigated Negative Declaration Following completion of the final IS, P&D will prepare a draft Negative Declaration (ND) evaluating potential impacts to the environment that may arise from the annexation of Crestline Drive area. For any impacts exceeding the thresholds of significance (significant impacts), mitigation to reduce or avoid such impacts will be recommended. Should significant impacts be identified, a Mitigated Negative Declaration (MND) will be prepared. For budgeting purposes we have assumed an ND with limited technical analysis supporting conclusions of no significant impacts. Should technical studies or substantial additional analyses be necessary to support the ND or MND, additional work required to complete the ND or MND beyond the hours shown in the cost estimate spreadsheet will be completed on a time -and -materials basis. Task 5.9 — Screencheck Draft ND or MND Under this task P&D will prepare: • A Screencheck Draft ND or WIND in accordance with CEQA Guidelines, including the following sections: Table of contents Section 9 -- Introduction (includes Purpose of Negative Declaration, Project Proponent, Project Purpose and Need, and Project Location) Section 2 — Project Description Stella Marquez December 1, 2005 Page 4 Section 3 — Environmental Setting Section 4 --15/Environmental Analysis (includes summary analysis of all issues) P&D will submit the Screencheck Draft ND or MND to the City staff for review. Task 5.2 — Final Draft ND or MND and Notices Under this task, P&D will: • Review all comments from the City staff. • Prepare a final Draft ND or MND with all changes and updates agreed to by the City. • Prepare the Notice of Intent (NOI) and Notice of Availability (NOA) for the Draft ND or MND. The NOA will include the location, date, and time comments on the Draft ND or MND are to be received and where copies of the document can be reviewed. • Provide 25 copies and a CD copy of the Draft ND or MND to the City for distribution. Products Screencheck Draft ND or MND (5 copies and 1 electronic copy) Final Draft ND or MND (25 copies and 1 electronic copy) Meetings Review of Screencheck Draft ND or MND (1 meeting with City staff) Task 6.0 Final ND or MND and MMRP For this task, P&D will prepare the Final ND or MND and the Mitigation Monitoring and Reporting Program for the project. Task 6.9 -- Responses to Comments Under this task, P&D will: • Prepare a copy of all letters and comments received in response to the Draft ND or MND. Each issue raised in the comment letters will be assigned a number that corresponds to the appropriate response. • Prepare responses to comments for all received. • Submit a draft of the responses to comments for City staff review. • Following City staff review, prepare final responses to comments (assumes one set or revisions to draft) • Hours for responses to comments are an estimate based on receipt of limited comments during public review; should comments received require time to respond exceeding our estimate, additional work will be completed on a time -and -materials basis. Task 6.2 — Screencheck Final ND or MND and MMRP Under this task, P&D will: • Prepare a Screencheck Final ND or MND in accordance with CEQA Guidelines. The Final ND or MND will include the revised text to the Draft ND or MND and responses to comments. The Final ND or MND will not include technical reports. If changes to the technical reports are required, errata sheets will be included in the Final ND or MND. • Prepare a Draft Mitigation Monitoring and Reporting Program (MMRP) in accordance with CEQA Guidelines. Submit Screencheck Final ND or MND and MMRP to the City staff for review. Task 6.3 — Final ND or MND and MMRP Under this task, Consultant will: 6 Review all comments from the City. Stella Marquez December 1, 2005 Page 5 • Prepare the revised Final ND or MND and MMRP with all changes and updates agreed to by the City (assumes one set of revisions to screencheck) Products Screencheck Responses to Comments (5 copies and 1 electronic copy) Screencheck Final ND or MND and MMRP (5 copies and 1 electronic copy) Final Responses to Comments (25 copies and 1 CD copy) Final ND or MND and MMRP (25 copies and 1 CD copy) Meetings Review of Draft Responses to Comments and Screencheck Final ND or MND and MMRP (1 meeting with City staff) Task 7.0 LAFCO Annexation Process P&D will prepare the necessary LAFCO forms associated with the application package for annexation of the Crestline Drive area. Task 7.9 — Application Package Through discussions with LAFCO staff, we have determined that the area already lies within the City's sphere of influence (SOI) following completion of a Municipal Service Review (MSR) and SOI Study completed for the East San Gabriel Valley. This Study included a fiscal analysis that is satisfactory as documentation of fiscal effect for the proposed annexation. In addition to completed application to be prepared by P&D, the City will need to provide a City Council resolution supporting the annexation and adopt prezoning for the Crestline Drive area. The CEQA documentation described in earlier tasks (ND or MND) will complete the application package. A draft annexation application package will be reviewed with City staff prior to submission to LAFCO and changes made in response to that review. Task 7.2 -- Completing Application Package The application package will then be submitted to LAFCO for its review for completeness. Following their review and comments, P&D will provide additional information or clarification needed to complete the application package. We have assumed that modifications to the application package following LAFCO review will be minor and not include requirements for additional analytical studies to support the application. LAFCO staff expects the annexation process to require approximately S months to complete based on past experience and time required to successfully complete a tax sharing agreement between the City and County. Products Draft Annexation Application Package (3 copies, 1 electronic copy) LAFCO Annexation Application Package (3 copies, 1 electronic copy) Completed LAFCO Annexation Application Package (3 copies, 1 electronic copy) Meetings Meeting with City staff to review Draft Annexation Application Meeting with LAFCO staff to review Annexation Application for completeness Task 8.0 Project Management and Coordination Stella Marquez December 1, 2005 Page 6 During the course of completing the tasks described above, P&D will manage the overall assignment to ensure satisfactory results and timely completion of products. Under this task, P&D will: • Attend up to ten (10) meetings, periodically (including the 8 meetings described above in earlier Tasks, with the City to discuss and review project progress and clarify any changes to the project or schedule. • Provide the City with monthly progress reports. • Collate information regarding project description and processing requirements. • Coordinate tasks and meetings. Cost Estimate and Schedule Our estimated cost for completion of the Crestline Drive Annexation is $129,575. Attached is our cost estimate table identifying the components of our estimate, including categories of labor, estimates of hours, hourly rates and other costs. Our scope of work can be completed within 12 months assuming City staff is available as necessary to participate and interact with P&D staff during that time frame, and that the City can successfully negotiate a tax sharing agreement with the County of Los Angeles during that time frame. Estimated time required for each task within our scope of work is provided in the table below. Stella Marquez December 1, 2005 Page 7 Should you wish to discuss our proposal, please contact me at 619.291.1475 x 250. We look forward to working with you again on this important project. The services described in this letter may be authorized by signing both copies of the letter below and returning one to our San Diego office. Sincerely, Authorized: - John E. Bridges, FAICP City of Diamond Bar Date Senior Vice President Attachments: Cost Estimate Table Cost Estimate for Crestline Drive Area Annexation Hourly Rate: A. Tasks Staff Hours Labor Cost Principal -In Charge Project Manager Senior Planner Associate Planner Graphics Technician rd Proc 1.1 Kick-off Meeting with City Staff 1.2 Initiation of Contact with LA LAFCO TOTAL TASK 1.0 41 4 8 $2,160 41 4 8 $2,160 81 81 01 161 01 01 $4,320 2.1 Community Meetings TOTAL TASK 2.0 21 121 1 241 161 1 $5,530 2[ 121 01 241''.,. 161 01 $5,530 3.0,':136hdMVPJAhAtteAd tand, Pt M e'h 'didhinir 3.1 General Plan Amendment and Prezoning Determinations 3.2 Draft General Plan Amendment 33 Prezoning 3.4 Final General Plan TOTAL TASK 3.0 4 16 20 8 $5,520 4 24 32 24 16 $10,060 4 16 24 $5,300 4 12 16 12 8 $5,460 4 16 0 20 8 0 $26,340 7, 4.1 Preparation of Initial Study TOTAL TASK 4.0 41 121 161 24 16 41 $8,160 41 121 161 24 161 4[ $8,160 5.1 Screenchock Draft ND or MND 5.2 Final Draft ND or MIND and Notices TOTAL TASK 5.0 41 161 161 361 16 81 $10,120 41 81 81 12 4 41 $4,620 81 241 241 481 201 121 $14,740 6.1 Responses to Comments (Note 1. below) 6.2 Screenchock Final MND and MMRP 6.3 Final MND and MMRP TOTAL TASK 6.0 4 121 121 24 4 4 $6,780 4 8 8 16 4 $5,000 J4- 2 4 4 8 2 2 $2,500 10 241 24; 48 101 101 $14,280 T;A, LA FCO A rtiaWi6rt.Procsss. 7.1 Application Package 7.2 Completing Application Package81 TOTAL TASK 6.0 121-- 361 481 241 121 121 $17,220 161 121 161 41 41 F:-201 $7,420 521 601 401 161 161 $24,640 g0,:p-f'q16ofM01t140jir '"oat Project Management Meetings (10 status meetings and reviews @ 4 hours each) TOTAL TASK 6.0 24 48F 1 $11,640 20 401 1 $9,700 441 881 01 01 01 01 121,340 TOTAL ALL TASKS 781 1721 641 1561 541 261 $119,350 C. Miscellaneous Costs TL-lephonetTravel/Postage[Copying Deliverables Community Meeting Materials Administrative Draft GPA Public Review Draft GPA and Master Final Draft IS (3 copies, i electronic) Screenchock Draft ND or MND (5 copies, I electronic) Final Draft ND or MND (25 copies, I electronic copy) Screencheck Responses to Comments and Final ND or MND (6 copies, 1 electronic) Final Responses to Comments, MND, and MMRP (25 copies, I electronic) Draft Annexation Application Package (3 copies, I electronic) LAFCO Annexation Application Package (3 copies, 1 electronic) Completed LAFCO Application Package (3 copies, i electronic) TOTAL MISCELLANEOUS COSTS $600 $800 $300 $6,500 $75 $125 625 125 $700 $125 $125 $125 $10,225 D. Cost Summary Total Tasks 1 -8 Costs $119,350 Total Miscellaneous Costs $10,225 TOTAL COST $129,675 Notes: 1. Hours shown for responses to comments are an estimate based on receipt of limited comments during public review; should comments received require time to respond exceeding our estimate, additional work will be completed on a time -and -materials basis. TCB I A:.COM LAFCO Annexation Process In response to your request for a general description of the LAFCO annexation process, P&D Consultants has prepared the following information: Procedures for annexation are generally described in Government Code Section 56650 et seq. In addition to following these procedures, the City will need to comply with the written policies and procedures of Los Angeles LAFCO to the extent that they do not contravene state law. In this instance, annexation of the Crestline Drive area will be initiated by a resolution of application (GC Section 56654) from the Diamond Bar City Council. The following steps are part of the application process: - �aY a) Conduct a presubmittal meeting with the Los Angeles LAFCO Executive Officer b) Compile information about the site as required by the LA LAFCO application forms c) Complete a certified resolution as mentioned above d) Provide CEQA documentation e) Provide evidence that the City has prezoned the Crestline Drive area properties f) Present evidence that a satisfactory exchange of property tax has occurred (as described in Revenue and Taxation Code Sections 99 and 99.1) g) Pay the required processing fee. 2. The LA LAFCO Executive Officer (Executive Officer) determines the completeness of the application within 30 days of receipt and the status of the CEQA documentation. The Executive Officer also gives notice that the application has been received to each interested and affected agency, including the County. If the application is determined to be incomplete, the Executive Officer informs the City in writing of the additional information or supplemental documents required to complete the application. 3. At the time the application is determined to be complete, the Executive Officer issues a certificate of filing and sets the LAFCO hearing within 90 days either the issuance of the certificate of filing or the date the application is deemed complete, whichever is earlier. LAFCO may continue a hearing for up to 70 days form the noticed date. 4. Following a determination that the application is complete, the Executive Officer prepares a staff report, including recommendations, on the application which must be completed not less than five days before the hearing. 5. Within 35 days of completion of the hearing, LAFCO must adopt a resolution making determinations approving or disapproving the proposal, with or without condition or revisions. If denied, no new proposal can be made for one year unless this restriction is waived by the Commission. 6. After adoption of the resolution, the Executive Officer sends the resolution to the City and each affected agency whose boundaries will be changed by the proposal. Any person or affected agency may file a written request with LAFCO requesting amendments to or reconsideration of the resolution. The request must be filed within 30 days after adoption of the resolution by the Commission. The request is then placed on the next LAFCO meeting agenda for which proper notice can be given. The Commission's consideration of the request may be continued not more than 35 days from the date of the meeting specified in the notice. At the conclusion of its consideration, the Commission may approve or disapprove the request, making determination with or without amendment, wholly, partially or conditionally. 7. After LAFCO adopts a resolution making determinations, and provided that the protest hearing has not been waived pursuant to GC Section 56663, LAFCO conducts protest P&D Consultants December 5, 2005 + proceedings (also known as conducting authority proceedings). The Executive Officer sets the proposal for protest hearing and gives proper notice within 35 days of the Commission's adoption of its resolution making determinations. The purpose of the protest hearing is to provide a forum in which registered voters can formally voice their approval or opposition for the annexation. The date of the protest hearing must be within 60 days, but not less than 21 days, form the date of published notice. The hearing may be continued not to exceed 60 days from the date specified for the hearing in the notice. The action taken at this hearing is based solely on the number of written protests received as described below. At the conclusion of the hearing, if no written protests have been filed, the Commission must adopt a form of resolution ordering the annexation without an election. If written protests have been filed, the Commission must, within 30 days after the conclusion of the hearing, make determinations on the value of the written protests filed and not withdrawn. The determinations result in one of the following three actions: Issuance of a Certificate of Termination terminating the LAFCO proceedings (majority protest by >_ 50% of the voters residing in the territory) Adoption of a resolution ordering the annexation without an election (written protests from <25% of the of registered voters or <25% of the number of owners of land who also own at least 25% of the assessed value of land within the affected territory, or Adoption of a resolution ordering the annexation subject to confirmation of the voters (written protests from ?25% but <50% of registered voters residing within the affected territory or ?25% of the number of owners who also own at least 25% of the assessed value of land within the affected territory). After the protest hearing is completed and if the LAFCO proceedings have not been terminated, the Executive Officer files a certificate of completion which must be recorded in county recorder's office within 90 days. A statement of annexation is then be issued by the Executive Officer and filed along with appropriate fees with the State Board of Equalization and the County Assessor. Notice is also provided to the Secretary of State. Property tax resolutions are forwarded to the County Auditor to enable property tax transfers. The Executive Officer also provides a notice of completion and effective date to affected agencies and county departments. Any other agencies, utilities, and other affected parties are also notified. After receiving notice, affected agencies are required to recognize completion of the annexation and implement any amended processes such as redistribution of property tax. P&D Consultants 2 December 5, 2005 Los Angeles, CA , 2005.2006 - 8269-019.014, Sheet: 1 of 1 LAJ ._ FLEA CAfV"D , (D a, N. 00 RVNACF�rk1r P,�rs2�1,4 �, 5 ✓ m o til SSP \ MAPPINQ BFiGIs VICED 418 txa pp y t4 �� tivti 69 ' All • r � s� a 71 en a 1 a '� " e'er mCi 4$ rats r 5 ,A Cv ZQ ! gig ns 00 to . m CITY COUNCIL 1701tP016i�1 TO: Honorable Mayor and Members of e City Council VIA: Linda C. Lowry, City Manager X&Utl Agenda # 6.7 Meeting Date: Januaty 3 2006 AGENDA REPORT TITLE: SECOND READING OF ORDINANCE NO. 2005 -XX FOR ZONE CHANGE 2004-01 - A REQUEST TO CHANGE THE ZONING FROM NEIGHBORHOOD COMMERCIAL (C-1) TO COMMUNITY COMMERCIAL (C-2) DISTRICT CONSISTENT WITH THE GENERAL. PLAN COMMERCIAL DESIGNATION FOR THE COUNTRY HILLS TOWNE CENTER LOCATED AT THE WEST SIDE OF DIAMOND BAR BOULEVARD BETWEEN COLD SPRINGS LANE AND FOUNTAIN SPRINGS ROAD. RECOMMENDATION: Adopt BACKGROUND/DISCUSSION: On December 6, 2005, the City Council conducted a public hearing to consider the renovation of the Country Hills Town Center project. At the hearing, the applicant described to the Council the proposed renovations and the design of the two new buildings. He explained to the Council that he is working with a potential grocery tenant and provided slides (snap shots) of the market interior of this potential tenant. He described using trees to soften the three-story building off Cold Springs Lane. In considering the project, the Council has concerns with the buffering the rear of the shopping center and requested the applicant to provide a screening device such as wood slats. The Council also directed the applicant to provide additional landscaping along the street frontage at Cold Springs Lane and the south elevation of the three-story building to further the buffering for the adjacent neighborhoods. With the added conditions, the Council adopted Resolution No. 2005-60 approving Conditional Use Permit no. 2004-01, Development Review no. 2004-19 and Variance no. 2004-02, and approved the first reading of Ordinance no. 2005 -XX for Zone Change 2004-01. Prepared By Nancy Fong, AICP Interim Community Developemtn Director Attachment: Ordinance No. 2005 -XX 0�n Reviewed By Dave' oyle Assistant City Manager CITY COUNCIL ORDINANCE NO. 10-2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ZONE CHANGE NO. 2004-01 - A REQUEST TO CHANGE THE ZONING FROM NEIGHBOHOOD COMMERICAL (C-1) TO COMMUNITY COMMERCIAL (C-2) FOR PROPERTIES LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA; APN: 8285-020-31 THROUGH 51. A. RECITALS. 1. The applicant, Michael McCarthy of Country Hills DB, LLC, has filed an application for Zone Change No. 2004-01 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject zone change request shall be referred to as the "Application." 2. On September 23, 2005, Planning Commission public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On September 23, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On October 25 and continued to November 8 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application, received public testimony and concluded said hearing on that date. 4. On October 25, 2005, City Council public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On October 25, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 5. On November 15 and continued to December 6, 2005, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Application, received public testimony and concluded said hearing on that date. 6. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon substantial evidence presented to the City Council during the above referenced meeting on November 15 and December 6, 2005 including written and oral staff reports, this Council hereby specifically finds as follows: a. The Application applies to property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The site is fully developed except for a small piece of graded pad at the north side of the site. b, Concurrent with the Zone Change request is the request to renovate the entire shopping center and to add two new office buildings. The renovation will revitalize the shopping center which implements the economic goals of the General Plan. C. The change from Neighborhood Commercial to Community Commercial will allow a wider range of use that implements the City's economic goals and policies. d. The City Council hereby finds that the Application identified above in this Ordinance, has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070 and guidelines promulgated thereunder. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts will be mitigated to a less than significant level. A Mitigated Negative Declaration will be issued. e. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed Zone Change set forth in the application, there is no evidence before this Council that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 2 Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this City Council hereby approves Zone Change No. 2004-01 attached hereto as delineated on the City's Zoning Map identified as Exhibit "A" and incorporated herein by reference: (1) That the existing commercial area located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane, Assessor Parcel Nos. 8285-020-31 through 8285-020-51 shall be zoned Community Commercial (C-2). (2) The City Clerk is directed to amend the Zoning Map to reflect the referenced property's new zone designation. PASSED, APPROVED AND ADOPTED THIS 3RD OF JANUARY, 2006, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. NJ Carol Herrera, Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2005 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2006 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: 3 Linda C. Lowry, City Clerk, City of Diamond Bar CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # 7.1 Meeting Date: Januaty 3 2006 AGENDA. REPORT VIA: Linda C. Lowry, City Manager TITLE: RESOLUTION NO. 2006 -XX APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ALLOCATION OF $383,090 FOR FISCAL YEAR 2006- 2007 Recommendation: Continue to January 17, 2006 regular meeting. Background/Discussion: Staff requests a continuance of the public hearing item to the January 17, 2006 meeting to further refine the allocation of the CDBG funds. Krepared 81 Nancy ng, AICP Reviewed By Linda C. -Lowry Interim Corimunity velopment Director City Manager CITY COUNCIL Agenda # 8.1 Meeting Date: .1/03/06 AGENDA REPORT TO: Honorable Mayor and Members of the City Council t VIA: Linda C. Lowry, City Managers TITLE: FIRST READING OF ORDINANCE' XX-2006 AMENDING SECTION 12.00.420 OF THE DIAMOND BAR MUNICIPAL CODE TO PERMANENTLY ALLOW NON - MOTORIZED SCOOTERS TO USE THE SKATE PARK AT PETERSON PARK. RECOMMENDATION: The Parks and Recreation Commission recommends approval. FINANCIAL IMPACT: Adoption of this ordinance will require the purchase and installation of new signs to post the rules. Total cost of signage is expected to be no more than $1,100. These funds are available in the 2005106 FY Budget. BACKGROUND: The City Council adopted Ordinance No. 08-2005 on July 5, 2005 to allow non - motorized scooters to use the skate park at Peterson Park. Section f of the ordinance states that the ordinance will expire six months after its effective date unless extended by the City Council. The purpose of this six month time frame is to give staff the opportunity to study the effect that scooters have at the skate park and to report staff's findings to the City Council. Ordinance No. 08-2005 became effective August 5, 2005 and will expire on February 5, 2006 if not extended by the City " Council. DISCUSSION: Scooters have been allowed to use the skate park since August 5, 2005. Staff has been present at the skate park while scooters have been using it and there were no problems.. Staff has inspected the skate park and there is no additional damage caused by the scooters. Staff has posted signs at the skate park since August 5 stating if any problems are encountered with scooters to contact the Community Services Department (with phone number stated). There have been no phone calls received complaining about scooters using the skate park. Additional signs were posted in October to advertise the Parks and Recreation Commission meeting on October 27 where review of the skate park rules took place. Two youth attended the Commission meeting and both spoke in favor of continuing to allow scooters at the skate park. At that meeting, the Parks and Recreation Commission voted to recommend allowing scooters to permanently use the skate park. Attachments: Ordinance No. XX -2006 Parks and Recreation Commission Minutes for October 27, 2005 Sample of Sign Posted at Diamond Bar Skate Park December 14, 2005 through January 3, 2006. Community Services Director ORDINANCE NO. XX -2006 AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING THE RULES FOR PUBLICLY - OWNED OR PUBLICLY -OPERATED SKATEBOARD FACILITIES AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. A. RECITALS. (i) The City of Diamond Bar owns and operates a skate parr at Peterson Park for the purpose of recreational skateboard and in-line skating use. (ii) The City Council adopted Ordinance No. 08-2005 on July 5, 2005 up -dating rules that govern the use of the skate park to allow non -motorized scooters. (iii) Ordinance No. 08-2005 expires on February 5, 2006 if not extended by the City Council. (iv) The City Council has determined that use of non -motorized scooters is a compatible activity at the skate park and amending the skate park rules to permanently allow non -motorized scooters is beneficial to the community. B. ORDINANCE. NOW, THEREFORE, it is hereby ordained by the City Council of the City of Diamond Bar,as follows: Section 1. Section 12.00.420 of the Diamond Bar Municipal Code is amended to read as follows: "Sec. 12.00.420 Skate Park Rules. (a) Skateboarding, non -motorized scooters and in-line skating are permitted in any skateboarding facility designated by resolution of the City Council. (b) No person shall enter the fenced area of the skate park without wearing a helmet, elbow pads and kneepads ("required protective equipment") at all times. (c) Bicycles and all other wheeled vehicles not specifically permitted in paragraph (a) are prohibited from entering the fenced area of the skate park. (d) Violation of this section or of any provisions thereof shall be deemed an infraction and punishable as provided in Section 1.04.020 of the Municipal Code. (e) Signs shall be posted at the skate park providing reasonable notice of the requirements of this section and the penalties for failing to comply with the requirements of this section." PASSED, APPROVED AND ADOPTED this _ day of , 2006. CAROL IIERRERA Mayor I, Linda Lowry, City Cleric of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: LINDA LOWRY City Cleric of the City of Diamond Bar OCTOBER 27, 2005 PAGE 3 P&R COMMISSION g. Design estroom/Storage B ' an'g at Pantera Pa Staff is reca ending award of contr tto RJM Design Gro on Nove;b� h. D ign of Trail Access Po' s — Group Delta is do' the enginee for two trail access pois. 3. OLD BUSINESS: None 4. NEW BUSINESS: 4.2 Review of Ordinance No. 08-2005 allowing the use of non -motorized scooters in the Peterson Park Skate Park. 4.1 CSD/Rose presented staff's report and confirmed staff's recommendation that the Parks and Recreation Commission recommend that the City Council allow non -motorized scooter use in the skate park on a permanent basis. Eric Loree believed the program was working well because no one had made a derogatory remark and the razor users were not getting in the way of the skateboarders and visa versa. John Radke said that most of his friends were skateboarders and that they were happy and proud that he and his friends were able to use their razors at the skate park. C/Owens moved, ClLiang seconded, to recommend that the City Council allow use of non -motorized scooters in Peterson Park's skate park on a permanent basis. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Liang, Owens, AC/Chang NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Grundy, Chair/Lyons Consid ation of new fencing at antera Park to b priva vehicles onto athletic fi ds. C DfRose presented taff s report commending tha e Parks and F recommendatio or City Council's F legal access of an indicated that rection Commission oval to install a two -rail fence with ntenance gate antera Park to prevent yya� vehicles fr driving onto th ark fields. staff �?a s forty e vinyl authorized CS !Rose respon to C/Owens that the City w d spend about $1 00 a ear to mitig the ruts. !n this instance ,,,,gaff is also conte ed with aesthetics fo is newer showcase park. wens said he heli ed the vinyl fencing w much more Zheasing than chain ' k fencing and that it uld enhance theCI ens moved, ClLiancommen ity Council ap ova! of installation of 'two-railcing at antera Par to keep .r. E E O 0 L 0 °, �, SNE O L E >_ �+ Nr0n O� O ai cu —a ._ C. — ocLr.w o� N � > 'i Agenda # 8.2 Meeting Date: Januaa 3, 2006 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Managed TITLE: City Council Appointments. RECOMMENDATION: It is recommended that the City Council approve the appointment of Councilmembers to various organizations as presented by Mayor Herrera at the City Council meeting. FINANCIAL SUMMARY: There is no financial implication associated with the City Council appointments. DISCUSSION: The Mayor, at her discretion, appoints individual Councilmembers to serve on the boards of various outside agencies and City Committees. Mayor Herrera has compiled a list of all City Council appointments and will provide the list to the Councilmembers at the January 3, 2006 City Council meeting. PREPARED BY: f� i; David Doyle, Assistant -City Manager Organization California Contract Cities Association Foothill Transit Board Four -Corners Transportation Policy Group Los Angeles County Vector Control District .point Powers Insurance Authority L.A. County Sanitation District No. 21 L.A. County City Selection Committee League of Calif. Cities - L.A. County Division San Gabriel Valley Council of Governments San Gabriel Valley Economic Partnership Southern California Assn. of Governments Tres Hermanos Conservation Authority Council Appointees O'Connor/Chang Herrera/ Zirbes Chang/Herrera MacBride O'Connor/Zirbes Chang/O'Connor Chang/Herrera Herrera/Chang Herrera/Chang Chang/Staff Herrera/Zirbes Zirbes/Herrera/O'Connor Wildlife Corridor Conservation Authority (WCCA) Herrera/Chang Wildlife Corridor Conservation Authority Advisory Davis/Herrick D.B. Community Foundation Zirbes CITY COUNCIL AD HOC COMMITTEES (Meet as Needed) City Council Goals/City Manager Evaluation Economic Development Industry East Development Advisory Committee Legislative Neighborhood Improvement CITY COUNCIL LIAISON Chamber of Commerce PUSD/City Senior Citizen Sphere of Influence/Annexation WVUSD/City Chang/O'Connor Chang/Zirbes O'Connor/Zirbes Herrera/Chang Zirbes/Chang Zirbes/O'Connor O'Connor/Zirbes O'Connor/Zirbes Herrera/Zirbes Herrera/Chang CITY COUNCIL APPOINTMENTS OPENINGS EFFECTIVE DECEMBER 17, 2005 Pane 2 L.A. County City Selection Delegate: Carol Herrera; Committee Alternate: Bob Zirbes (Board of Directors membership - Mayor and Mayor Pro Tem are automatically designated as Delegate and Alternate, respectively) League of Calif. Cities - L.A. Delegate: Jack Tanaka; County Division Alternate: Steve Tye (Board of Directors membership - Delegate and alternate must be elected officials. Mayor does not have to be appointed) San Gabriel Valley Council of Delegate: Carol Herrera; Governments Alternate: Steve Tye (Board of Directors membership - Delegate and alternate must be elected officials. Adoption of a resolution confirming the appointment is usually made at the next City Council meeting) San Gabriel Valley Economic Delegate: Wen Chang; Partnership of Commerce & Alternate: City staff Cities (Board of Directors membership - cities may decide who delegate and alternates are. It is desirable that delegate be an elected official, but a staff member may be appointed in lieu of elected official) Southern California Assn. of Delegate: Steve Tye; Governments (SCAG) Alternate: Jack Tanaka (Board of Directors membership - Delegate and alternate must be elected officials but there is no requirement that delegate be the Mayor) (Appointment to SCAG District 37 is not contingent on appointment as delegate or alternate by the City) .7anuary 3, 2006 CITY COUNCIL APPOINTMENTS OPENINGS EFFECTIVE DECEMBER 17, 2005 Paae 3 Tres Hermanos Conservation Authority Appointees: HerreralZirbes; Alternate: Steve Tye Wildlife Corridor Conservation Authority (WCCA) (Board of Directors Membership — Council may yp2oint anyone) Delegate; Jack Tanaka; Alternate: Wen Chang Wildlife Corridor Conservation Authority.Advisory Committee Appointees - Davis/Herrick Appointees: DavislHerrick D.B. Community Foundation Bob Zirbes Economic Development Bob Zirbes/Wen Chan Legislative Carol Herreraldack Tanaka Neighborhood Improvement Bob Zirbes/Wen Chan Industry Business Center Chair Carol HerreralZirbes Library Task Force Bob ZirbeslWen Chan City Council GoalslCity Manager Evaluation Carol Herrera/Bob Zirbes PUSD/Clty Jack Tanaka/Wen Chan WVUSD/City Carol HerreralSteve Tye Chamber of Commerce Liaison Carol HerreralJack Tanaka Senior Citizen Liaison Jack Tanaka/Carol Herrera Sphere of Influence/Annexation Carol Herrera/Bob Zirbes January 3, 2006 CITY COUNCIL APPOINTMENTS OPENINGS EFFECTIVE DECEMBER 17, 2005 Paae 1 Committee Name Current Delegate and Alternate Appointed to by Mayor Herrera. California Contract Cities Delegate: Steve Tye; Association Alternate: Wen Chang (Board of Directors membership - CCCA bylaws specify that voting delegate and alternate needs to be any City elected official) California Joint Powers Delegate: Bob Zirbes; Insurance Authority Alternate: Steve Tye (Board of Directors membership - Delegate must be any elected official appointed by the Mayor. Alternate may be elected official or staff member) Foothill Transit Board Delegate: Carol Herrera; (Board of Directors membership - Alternate: Bob Zirbes Delegate and alternate must be elected officials) Four -Corners Transportation Delegate: Carol Herrera; Policy Group Alternate: Wen Chang Greater Los Angeles County Delegate - MacBride Delegate: Dexter MacBride Vector Control District (Appointment of Trustee - does not have to be an elected official. Appointment is for 2 -year term New in ormation rpm the District indicates that the dele ate may now he appoined to a 4 -year term . L.A. County Sanitation District Delegate: Carol Herrera; No. 21 Alternate: Bob Zirbes (Board of Directors Membership - Mayor is automatically delegate per Health & Safety Code Sec. 4730.1. Alternate is required to be an elected official whose appointment is confirmed by City Council action) January 3, 2006 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK DATE: PHONIY I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. 5 ignature .k TO; FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: PHONE: k �R �f hfo' flip �. l i -a U / .J I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. 0,4 0 r Signature �� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: AK �����_ _ tom° �-- .:��� . DATE: ADDRESS: �g PHONE ; NJ V ORGAN IZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK d DATE: 1-3, '49,9 PHONE: 4 J e ,3s i CCS I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Si nature