HomeMy WebLinkAbout8/17/2010 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
AUGUST 17, 2010
STUDY SESSION: M/Herrera called the Study Session to order at
5:45 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Government Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Members Ling -Ling Chang, Ron
Everett, Jack Tanaka, Mayor Pro Tern Steve Tye and Mayor Carol Herrera.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; Linda Magnuson,
Finance Director; Bob Rose, Community Services Director; David Liu, Public
Works Director; Greg Gubman, Community Development Director; Ken
Desforges, IS Director; Ryan McLean, Assistant to the City Manager; Christy
Murphey, Recreation Specialist; Rick Yee, Senior Civil Engineer; Kimberly
Molina, Associate Engineer; Marsha Roa, Public Information Manager, and
Tommye Cribbins, City Clerk.
No. USER FEE DISCUSSION:
CM/DeStefano reported that staff compared the user fees that the City has
currently been charging over the years and as a result staff is
recommending changes associated with those fees. CM/DeStefano then
introduced ATCM/McLean who went over the proposed changes in detail.
ATCM/McLean stated that based on Council's recommendations and
direction during the May 18th Study Session, staff has incorporated the
proposed changes to the user fees before Council tonight for discussion
ATCM/McLean then went through the proposed changes.
Fo(lo,�,vinc; ATCM/McLean's presentation M/Herrera asked what happens
after the three year annual CPI increase.
ATCM/McLean explained that the first three years were calculated in an
attempt to catch up to current needs after which, staff recommends an
annual CPI increase.
C/Everett asked what staff anticipates as the CPI increase to be.
ATCM/McLean stated that it changes every year based on the March to
March numbers for Los Angeles and Orange County areas.
AUGUST 17,2010 PAGE 2 CC STUDY SESSION
M/Herrera asked what staff will do about the categories that are already
within cost recovery amounts.
ATCM/McLean responded that in cases where they are already at the
maximum level, staff will not apply the standard CPI.
ACM/Doyle stated that Council would actually be approving the schedules.
MPT/Tye asked why the new fees would not be what the fees should be,
i.e. — Community Development.
ATCM/McLean explained that the Department Heads recommended the
fees be based on the appropriateness and comparison with other fees.
Staff believes the recommendations are at appropriate levels for the new
fees.
M/Herrera asked if Council had the option to review the fees in a year or
two for adjustments.
CM/DeStefano stated that the Council could review the items at any time.
CA/Jenkins explained that generally speaking, fees were set in a
consistent manner so that the City is not selectively spiking some to full
recovery and not others so as not to create policy.
Public Comments: None Offered.
ADJOURNMENT: With no further business to discuss, M/Herrera
recessed the Study Session at 6:07 p.m.
TOMM'f-E CRIBBINS, City Clerk
The foregoing minutes are hereby approved this 21st day of September
2010.
W44AJ-,-
CAROL HERRERA, Mayor
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
AUGUST 17, 2010
CALL TO ORDER: Mayor Herrera 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.
CM/DeStefano reported that during tonight's Study Session the City Council and
staff discussed the City's User Fees for services administered by the Building
and Planning Departments, Engineering and Public Works Department and the
Community Services Department. Staff updated the Council based on
recommendations made by Council during the study session in May. Following
Council discussion, staff was directed to schedule a public hearing for September
21, 2010.
No comments by the public were offered and with no further business to discuss,
M/Herrera recessed the meeting at 6:07 p.m.
PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance.
INVOCATION: Ahmad H. Sakr, Ph.D, Islamic Education
Center, gave the invocation.
ROLL CALL: Council Members Ling -Ling Chang, Ron
Everett, Jack Tanaka, Mayor Pro Tem Steve Tye and Mayor Carol Herrera.
Staff Present_ James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS
Director; David Liu, Public Works Director; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director; Greg Gubman, Community
Development Director; Ryan McLean, Asst. to City Manager; Rick Yee, Senior
Civil Engineer; Marsha Roa, Public Information Manager; Kimberly Molina,
Associate Engineer; Christy Murphy, Recreation Supervisor; Cecilia Arrellano, PI
Coordinator; Lauren Hidalgo, PIO Specialist, and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
None
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Social Media Presentation by Public Information Division.
Lauren Hidalgo, Public Information Specialist provided a power
point presentation on the City's new Twitter and Facebook pages
distributed through the City's Website, Newsletters, Press Releases
and Flyers.
C/Chang commended PIS/Hidalgo and PIM/Roa for their excellent
work.
AUGUST 17, 2010 PAGE 2 CITY COUNCIL
M/Herrera also commended PIS/Hidalgo, PIM/Roa and the City for
keeping current with technology and finding new ways to
communicate with individuals and businesses.
3. PUBLIC COMMENTS:
Heidi Gallegos, San Gabriel Valley Regional Chamber of Commerce
Executive Officer, updated the Council and residents on Chamber
activities and upcoming events.
4. RESPONSE TO PUBLIC COMMENTS: None.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Concerts in the Park — August 18, 2010 — 6:30 to 8:00 p.m., "Hot
August Night" (Neil Diamond Tribute Band) — Sycamore Canyon
Park, 22930 Golden Springs Dr (final concert of the season).
5.2 Movies Under the Stars — August 18, 2010 — "The Princess and the
Frog" — Immediately following Concerts in the Park, Sycamore
Canyon Park, 22930 Golden Springs Dr (final movie of the season).
5.3 Planning Commission Meeting — August 24, 2010 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr. (Dark).
5.4 Parks and Recreation Commission Meeting — August 26, 2010 —
7:00 p.m., AQMD/Government Center Hearing Board Room, 21865
Copley Dr.
5.5 Labor Day Holiday — September 6, 2010 — City Offices will be
closed in observance of the Labor Day Holiday. City Offices will
reopen on Tuesday, September 7, 2010 at 7:30 a.m.
5.6 City Council Meeting — September 7, 2010 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR: C/Tanaka moved, C/Chang seconded, to
approve the Consent Calendar as presented. Motion carried by the
following Roll Call:
AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of
August 3, 2010 — as submitted.
AUGUST 17, 2010 PAGE 3 CITY COUNCIL
6.2 RATIFIED CHECK REGISTER — Dated July 29, 2010 through
August 11, 2010 totaling $635,068.58.
6.3 APPROVED ADJOURNING AUGUST 17, 2010 CITY COUNCIL
MEETING TO SEPTEMBER 21, 2010.
6.4 APPROVED LICENSE AGREEMENT WITH T -MOBILE WEST
CORP., LLC, A DELAWARE CORP. (T -MOBILE) TO
CONSTRUCT AN UNDERGROUND WIRELESS
COMMUNICATIONS SITE ON CITY PROPERTY (EASTERN SIDE
OF DIAMOND BAR BOULEVARD NORTH OF TIN DRIVE).
6.5 APPROVED APPOINTMENT OF A VOTING DELEGATE AND
ALTERNATE TO THE LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE (M/HERRERA — ALTERNATE C/CHANG —
DELEGATE)
Due to the 7:00 p.m. schedule for Public Hearings, the City Council went on to
Council Subcommittee Reports/Council Member Comments at 6:50 p.m.
9. COUNCIL SUBCOMMITTEE REPORTSICOUNCIL MEMBER
COMMENTS:
C/Everett spoke about the neighborhood meetings he attended during the
past couple of weeks with C/Tanaka and Deputy St. Amant who spoke on
public and community safety and earthquake preparedness. He thanked
Public Works staff for their good work on Neighborhood Transportation
Management Plans. Last Saturday he attended the end of the Youth
Baseball season and thanked Parks and Recreation staff, particularly,
Mickey McKitrick for their enthusiasm and dedication. Yesterday he
attended a celebration for Shelley Fader who recently passed away and
asked that tonight's meeting be adjourned in her honor.
7. PUBLIC HEARINGS:
7.1 ADOPT RESOLUTION NO. 2010-29: ADOPTING THE CONFLICT
OF INTEREST CODE.
CC/Cribbins presented a report stating that every two years the
FPPC requires cities to review their Conflict of Interest Codes and if
necessary, make changes to accurately reflect job classifications
that may fall under the Conflict of Interest Code. On May 18, 2010
the City adopted Resolution No. 2010-13, establishing job
classification and salary schedules. After a review of job
classifications it was determined that In order to accurately match
the City's personnel system the City's Conflict of Interest needs to
be amended to include the position of Senior Planner. CC/Cribbins
AUGUST 17, 2010 PAGE 4
CITY COUNCIL
requested that the City Council open the Public Hearing, Receive
Testimony, Close the Public Hearing and Adopt Resolution No.
2010-29.
M/Herrera opened the Public Hearing at 7:00 p.m.
With no one present who wished to give testimony, M/Herrera
closed the Public Hearing at 7:01 p.m.
MPT/Tye moved, C/Everett seconded, to adopt Resolution No.
2010-29. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka,
MPT/Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
7.2 ADOPT RESOLUTION NO. 2010-30: FINDING THE CITY IN
CONFORMANCE WITH THE 2010 CONGESTION
MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP
LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE 65089 FOR LOS ANGELES
COUNTY AS PREPARED BY THE METROPOLITAN TRANSIT
AUTHORITY.
CM/DeStefano stated that this item is an annual report regarding
the City's adherence to Proposition 111 which was created in 1990
and involves the City's Congestion Management Program. The
report is prepared with a combination of resources from the City's
Engineering and Planning staff.
CDD/Gubman stated that each year staff prepares a Congestion
Management Program (CMP) Compliance Report and recommends
that Council adopt a resolution finding the City in compliance with
Los Angeles County. This year's CMP report covers the period
from June 1, 2009 through May 1, 2010. He provided background
on Proposition 111 stating that this proposition mandates that all
counties in the State have a congestion management plan in place.
The CMP has two primary goals: 1) to mitigate traffic impacts in
the County that are associated with new development; and 2)
develop a partnership among transportation decision makers on
devising appropriate transportation solutions that include all modes
of travel. The LA County Metropolitan Transportation Authority is
the agency responsible for preparing and monitoring compliance
with the CMP. D.B., along with all other local agencies, is required
to meet the program requirements in the CMP in order to be eligible
to receive State gas tax funds and to maintain eligibility for other
AUGUST 17, 2010 PAGE 5 CITY COUNCIL
transportation funds. D.B. has received about $1 million in gas tax
funds for the prior fiscal year and is owed an additional $50,000.
The CMP program mandates self -certification at the local level with
the adoption of a resolution demonstrating the City's compliance
with the CMP for the most recent reporting period and submittal of
the local development report to Metro. A Public Hearing is required
prior to adopting the resolution. As described in staff's report, the
attached resolution and local development report, D.B. remains in
compliance with the CMP for Los Angeles County. He corrected
the report to reflect that the recently demolished theater building at
Diamond Hills Plaza was in fact 20,000 sq.ft. resulting in a net
reduction in commercial floor area of 5300 sq. ft. during the last
reporting period. With this correction, staff recommends that the
City Council adopt Resolution No. 2010-30.
C/Everett asked for clarification on the revenues the City is
receiving and what credits Metro has withheld since 2003.
PWD/Liu replied that in the past when Metro tried to work with the
jurisdictions in LA County the methodology used was basically a
checks and balance so whenever a jurisdiction has development
activities those activities are counted as debits. Conversely, when
those activities are implemented with transportation improvements,
the City receives credits. The 78,651 amount C/Everett referred to
is for credits that were allocated to the City. During the past three
years Metro decided that this particular methodology was not the
best way to monitor the impacts of new developments so they are
looking at new ways of quantifying and addressing regional
transportation needs. Eventually, Metro intends to replace the
credit/debit methodology with a countywide congestion relief fee, a
matter which is a very hotly contested issue at this time. The City
will have to comply with whatever is ultimately adopted by the
County in order to receive the State gas tax revenues.
CM/DeStefano clarified that the numbers referenced by C/Everett
are not dollars but credit points for doing the right thing and meeting
the Congestion Management Program requirements over the years_
There are no dollars owed or being withheld from the City.
M/Herrera opened the Public Hearing at 7:10 p.m.
_._ With no one present who wished to give testimony, MlHerrera
closed the Public Hearing at 7:11 p.m.
C/Everett moved, C/Tanaka seconded, to adopt Resolution No.
2010-30. Motion carried by the following Roll Call vote:
AUGUST 17, 2010 PAGE 6 CITY COUNCIL
AYES
NOES:
ABSENT
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL CONSIDERATION:
8.1 CITY HALL/LIBRARY UPDATE:
Chang, Everett, Tanaka,
MPT/Tye, M/Herrera
None
None
(a) Status report regarding purchase of property located at
21810 Copley Dr. for use as the City Hall and County
Library.
ACM/Doyle stated that following Council's decision to
purchase the building, escrow was opened and $350,000
was deposited into the escrow account allowing staff to
begin its due diligence on the building. Inspection of the
mechanical, electrical, HVC, roofing and all interior systems
of the building were done to get an understanding of what
those systems are, their condition and life cycles, in order to
identify significant replacement costs or equipment failures
that needed to be replaced. After an exhaustive review of
the systems the company that conducted the study provided
a written report which was reviewed with the City's
maintenance staff and by the City Manager's office. One
item identified as a potential deficiency was the roof which
can be very expensive and lead to a lot of internal repairs if
not cured. Staff engaged an independent roofing company
to provide an opinion and they concurred with the
recommendation that there was some additional work that
needed to be done. Staff requested a bid from the
contractor and one additional roofing company. The result
was that it would be about $10,000 to mitigate the damage.
Staff was successful in negotiating the $10,000 to be
reduced from the purchase price at the time escrow closes.
Even though the City is ready to close escrow, the seller is
not. The seller has this property as part of a portfolio and is
currently working with the financing agency to obtain a
partial release of this property and refinance the balance of
the properties. The escrow agreement contains three 30 -
day extensions, of which the seller has exercised one 30 -day
extension. ACM/Doyle said he spoke with the brokers last
week and was told that the sellers would be meeting with
their mortgage brokers the end of last week and this
Thursday, August 19. Next week staff will have a
conference call with the seller in an attempt to get a timeline
for a possible closing. Staff is anticipating escrow will close
AUGUST 17, 2010 PAGE 7 CITY COUNCIL
the early part of September. Staff wants to set up a
timeframe for how quickly the City Hall offices and Library
facility can be opened to minimize any out-of-pocket costs
for rent.
Staff circulated an RFP requesting architects to provide two
cost proposals, one for a library and city hall to be completed
as separate projects; and for library and city hall to be
completed at the same time. Two library staff members
participated in the process and all selected LPA. In addition,
staff received approval from the County of Los Angeles to
enter into a reimbursement agreement with them for the
design costs. The County is agreeing to move forward with
the process and to Supervisor Knabe's credit, in an
incremental manner agreed to reimburse the City for design
costs to design the library. Supervisor Knabe told
ACM/Doyle that he wants to make sure that he can afford to
operate the County Library as proposed. So, the project is
moving forward at this time as a joint project. The County
has approved the reimbursement payment of the
architectural cost such that immediately following approval of
this award of contract, the City will immediately move to
finalize a formal reimbursement agreement with the County
which will come to the City Council and the County Board
of Supervisors for approval. Staff believes that it is
appropriate to award the contract before the agreement is in
place because the County has given a verbal agreement in
the form of an email from the County Supervisor's staff. With
that LPA would begin the process, commence to facilitate
discussions and begin doing some of the work; however,
the City will not incur a large, if any, cost relative to the
library portion prior to the reimbursement agreement coming
back to the City Council and the County. Staff believes that
it will be able to say to the City Council in a relatively short
period of time that the County will be moving to the building
and paying for their portion of construction. ACM/Doyle
introduced Jim Wirick of LPA, Inc.
Jim Wirick presented an overview of his firm. LPA has
resided in Orange County since 1965 and he has been with
the firm for 29 years heading the Civic Market segment
which only does city halls, libraries, community centers and
churches. LPA works with cities to establish their vision and
help them build their dreams. He congratulated the City
Council for taking this step, particularly in terms of the library
which is currently inadequate for this community. The
project team members proposed for this project have worked
AUGUST 17, 2010 PAGE 8 CITY COUNCIL
together for 16 years on many city hall and library projects.
LPA takes a holistic design approach with in-house
engineering and community input. LPA believes deeply in
sustainable design and the County has given the edict that
they want this project to be a LEED Silver Rating — LEED is
an acronym for Leadership in Energy and Efficient Design
and is a globally recognized system that measures the
sustainable quotient in a structure. The City wants an
efficient space and as a firm, LPA's clients receive more
rebates from California Edison than any other firm in
Southern California so LPA will look to make the City's
space as efficient as possible so it will result in rebates to the
City. LPA has been in business for 45 years and has a
proven track record of bringing projects in on time and on
budget with minimal change orders. He provided Council
with a list of city halls and libraries designed and/or
renovated by LPA.
MPT/Tye asked Mr. Wirick how he found the LA County
Library in Newhall and Malibu to work with. Mr. Wirick said
he and his project team enjoyed working with them as well
as appreciates the opportunity of working with the
interpreters Linda Demmers and Margaret Todd. There are
challenges because the County looks to maintain their
buildings so they have specific requirements, which LPA
understands.
MPT/Tye referred to the LPA proposal. For the D.B. City
Hall portion, bidding and construction should take 168 days
or about eight months. The library is scheduled to take 11
months. MPT/Tye asked if there was a reason one would
take almost 50 percent longer.
Mr. Wirick explained that LPA and the library interpreters are
looking at maintaining a lot of the existing materials in the
City Hall offices. The ceiling, for example, is arguably brand
new. Some of the air conditioning diffusers will need to be
reoriented. His team will study how efficient the light fixtures
are and possibly consider replacing them with more effective
fixtures. For the most part, the space will be open with a
limited number of hard walls being constructed. Conversely,
the library has a lot more built out walls and more movement
in the ceiling. What LPA is trying to do is expand that volume
in keeping with a library that will house a teen and children's
area that typically doesn't provide imaginative space in a lay -
in ceiling of nine feet. So there is more construction
anticipated with the library space.
AUGUST 17, 2010 PAGE 9 CITY COUNCIL
C/Chang said she has done extensive studies in the design
and construction of sustainable buildings and particularly
with the IEUA building that has a Platinum LEED
designation. Yesterday she met with CM/DeStefano and
was happy to learn that the City would be pursuing the Silver
LEED designation. She reiterated that LEED would
ultimately result in cost savings for the City and particularly
in reducing energy and operating costs. She was pleased to
know about all of the LPA LEED projects.
C/Tanaka asked about the range of square footage in library
buildings that LPA has designed.
Mr. Wirick responded that the Brentwood renovation was
about 6000 sq. ft. Currently, LPA is working on about a
17,000 addition to Fullerton with an additional 2000 sq.ft
renovation. Mission Viejo started out as 26,000 sq ft and
LPA came back a few years later to design a 16,000 addition
with some renovation. The largest was 56,000 sq ft in
Redding and 80,000 sq ft in Chula Vista. Typically, these
facilities range in the zone of 20,000 to 25,000 sq.ft. a good
"strike zone" for a public library.
C/Tanaka asked how many city hall designs do not include
City Council Chambers.
Mr. Wirick said the Irvine renovation already had a Council
Chambers. Malibu has a performing arts center that is also
utilized as a council chamber space. Most city halls have a
council chamber portion built into it but most cities do not
have access to a chamber such as the one the D.B. Council
uses.
M/Herrera thanked Mr. Wirick for his presentation and stated
she looked forward to working with his firm toward the
completion of a D.B. library and City Hall.
CM/DeStefano explained that when the City began the
journey of acquiring and designing a new city hall space and
possible library expansion, staff began talking with other
cities that had recently undergone this type of effort. Two
names that immediately rose to the top as individuals and
companies that D.B. should seek out were Linda Demmers,
LPA and Jim Wirick. Further, in speaking with County staff,
including Librarian Margaret Todd, two names quickly rose
to the surface — Linda Demmers for library services and Jim
Wirick/LPA. Jim Wirick and LPA are currently engaged in
AUGUST 17, 2010 PAGE 10 CITY COUNCIL
projects with the County and have an outstanding
relationship as reported by Mr. Wirick and County staff. —
Linda Demmers has been a consultant for the County and
has been a consultant for cities interested in library services
and has a long history with LA County. LA County is very
pleased with her and utilizes her services as often as
possible for their library projects. As ACM/Doyle indicated,
staff solicited RFP's and had three outstanding firms
including LPA that staff interviewed a couple of weeks ago.
Staff is familiar with LPA because LPA helped the City of
D.B. with what is now the Diamond Bar Center. It was Jim
Wirick, Project Manager, and LPA that worked with then
M/Herrera in 1998 or 1999 in putting together a Civic Center
Task Force that looked at a variety of needs for the
community including things like the Diamond Bar Center,
City Hall and a variety of wants, needs and desires. From
those discussions, the Diamond Bar Center emerged. While
LPA was not actually selected to design the Diamond Bar
Center their imprint is on it as one of the sites LPA helped
the City identify and the framework for what is now the site of
that beautiful facility on top of the hili. When the interviews
came about a couple of weeks ago he was not surprised
when City and library staff unanimously selected LPA as the
firm it wished to recommend to the City Council. Even with
the error that ACM/Doyle corrected in the staff report, LPA
was less expensive by far while being excellent providers of
LEED certified products.
ACM/Doyle pointed out that the City is getting money from
the Federal Government that is designated for alternative
energy sources. One of the projects was to place solar
panels on the Diamond Bar Community Center; however,
Staff has since changed its focus and will be installing solar
panels on the new city hall building to help with energy cost
reductions.
In regards to Linda Demmers, ACM/Doyle stated that
although there is currently no scope of work for her, Staff is
working on it at this time. He stated that he wants to get her
under contract as soon as possible. He had tried to hire her
in the past to do the Library Bond Act application for D,B.
and that she had been unavailable. In fact, she was so
sought after that the State of California hired her to help
them with the bond application process to review the
libraries. She has actually designed a library program for —
library spaces. Linda Demmers is one of the recognized
experts in her field and he strongly recommends that the
AUGUST 17, 2010 PAGE 11 CITY COUNCIL
Council authorize the City Manager to execute her contract.
MPT/Tye moved, C/Chang seconded, to receive and file
staff's updated report on the status of the new city hall
property purchase. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka,
MPT/Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
(d) APPROVAL OF CONTRACT WITH LPA, INC. TO
PROVIDE ARCHITECTURAL SERVICES FOR A CITY
HALL AND LIBRARY BUILDING IN AN AMOUNT NOT TO
EXCEED $496,800; AUTHORIZE A 5% CONTINGENCY
($24,840) FOR A TOTAL AUTHORIZATION OF $521,640;
AND AUTHORIZE THE CITY MANAGER TO EXECUTE A
CONTRACT WITH LINDA DEMMERS TO PROVIDE
LIBRARY CONSULTING SERVICES IN AN AMOUNT NOT
TO EXCEED $35,000.
MPT/Tye moved, C/Chang seconded, to approve. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka,
MPT/Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
(b) APPROVE FIRST AMENDMENT TO MULTI -TENANT
OFFICE LEASE AGREEMENT WITH SOUTH COAST AIR
QUALITY MANAGEMENT DISTRICT (SCAQMD).
ATCM/McLean explained that CM/DeSte fano worked with
AQMD executive staff to negotiate a month-to-month
extension of the current lease that expires in February 2011
at a slightly higher rate of $1.96 per sq.ft. as opposed to
$1.85 per sq. ft., the current lease price or approximately
$1800 per month for the period of the extension. Once the
new facility is ready the City has 30 -days to terminate the
month-to-month lease. It is Staff's opinion that this month-
to-month agreement is the most cost effective and best
method to keep City Hall running until the lights are turned
on at the new facility. Staff recommends approval of Agenda
Item 8.1(b).
AUGUST 17, 2010 PAGE 12 CITY COUNCIL
C/Tanaka moved, C/Chang seconded, to approve First
Amendment to Multi -Tenant Office Lease Agreement with
South Coast Air Quality Management District (SCAQMD).
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka,
MPT/Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
(c) APPROVE FACILITY LEASE AGREEMENT WITH SOUTH
COAST AIR QUALITY MANAGEMENT DISTRICT
(SCAQMD) FOR USE OF MEETING ROOM FACILITIES.
ATCM/McLean explained that as part of the negotiation to
obtain the month-to-month lease agreement (Item 8.1(b))
CM/DeStefano also negotiated a long-term agreement with
SCAQMD to continue the City's use of the auditorium for
City Council Meetings, the Hearing Board Room for
Commission meetings and other public uses, and Room CC -
8 for study sessions and storage on a long-term lease of 20
years. This agreement would be at a rate of $2000 per
month or $24,000 per year with a 2.5% annual percentage —
increase effective July 1 of each subsequent year. It is
staffs opinion that this agreement which provides for 70
uses during each fiscal year is the most appropriate to keep
costs down from what it would cost to construct a City
Council Chambers/public meeting space in the new building.
Staff estimated that construction of Council Chambers would
be in the range of $1 million dollars or more with additional
ongoing personnel costs that may reach up to $100,000 per
year as well as, costs for public access, live television
equipment and infrastructure. As part of the agreement any
additional meetings exceeding 70 would cost $350 each.
Staff does not anticipate the need for additional meetings
because there are other public facilities that could be used
such as the Diamond Bar Center, Heritage Park Community
Center, etc. Staff recommends that the City Council approve
the Facility Lease Agreement with South Coast Air Quality
Management District for use of meeting room facilities and
auditorium for ongoing use.
MPT/Tye said that if the lease terms for the auditorium and
meeting rooms was originally $500, and the proposed lease
agreement for use of meeting room facilities was now $2000
per month, how was that new figure determined.
AUGUST 17, 2010 PAGE 13 CITY COUNCIL
CM/DeStefano responded that SCAQMD was giving the City
a discount because of the lease of the current 11,000 sq. ft.
for City Hall. The City was negotiating for an additional
4,000 sq. ft. and it was a result of a combination of the two.
When the discussion turned to leasing only the auditorium
and some adjacent rooms for community meeting purposes,
it drove the monthly cost up. As ATCM/McLean indicated,
even at $2,000 per month it is a very effective use of the
City's resources. The current facility is a facility that is very
costly to create, operate and maintain, and staff believes it is
a good value that is very unique to D.B. to have such a
modern facility immediately adjacent to the new building.
MPT/Tye asked if the annual increase would be 2.5%
regardless of what CPI is.
CM/DeStefano responded "yes". The two entities
investigated and debated that matter and looked at the
recent CPI. AQMD was looking for a simpler process which
was not too far from what it has been over the past 10-20
years. Staff felt comfortable that there would be no
significant loss to the City rather than rolling the dice.
C/Tanaka asked if there was a termination clause in the 20 -
year lease.
ATCM/McLean responded there is a one-year termination
clause for both parties.
C/Chang moved, C/Everett seconded, to approve Facility
Lease Agreement with South Coast Air Quality Management
District (SCAQMD) for use of meeting room facilities. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka,
MPT/Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER
COMMENTS (continued):
MPT/Tye asked that everyone be aware of mosquito breeding grounds
and let Vector Control know about any potential hazards_ During the most
recent Vector Control meeting it was revealed that there are more cases
of West Nile Virus. Last meeting the City took action against an
abandoned home to get the pool emptied. If residents find such a
AUGUST 17, 2010 PAGE 14 CITY COUNCIL
situation in their neighborhood they should call the Vector Control District
at 562-944-9656. Last weekend he joined in the Eagle Scout Ceremony
celebration for Cole Perez and gave special congratulations to Lisa and
Wes Perez for raising such a fine young man and helping him to achieve
that status. Troop 777 located in D.B. has produced 80 plus Eagle
Scouts! This weekend he joined in the celebration of the grand reopening
of Pathfinder Chevron. Tomorrow is the last of this year's series of
Concerts in the Park sponsored by the Diamond Bar Community
Foundation, a great organization that uses its contributions from residents
to help with many events for adults and youth in the City. This week he
attended the wonderful celebration of the life of Shelley Fader who lost her
battle with cancer on August 4. She was a remarkable woman who was
involved in so many things including the Friends of the Library, the
Diamond Bar Brahma Boosters and The "Country Estate" Board Member
to name a few. Shelley was defined by her generosity and kindness to
everyone she met. MPT/Tye agreed with C/Everett's request to adjourn
tonight's meeting in her honor and asked that everyone remember her
family Ed, Charlie and Seth in their thoughts and prayers.
C/Chang commended staff for a great presentation on the social media
network which is a great way to widely disseminate information to the
public. She again invited everyone to visit her Twitter and Facebook
page. She attended two ribbon -cutting ceremonies in the City during the
past week. She said she appreciated Heidi Gallegos, Executive Director
of The Regional Chamber of Commerce coming to update the Council on
the Chamber's activities. She reiterated that it is imperative that residents
support the City and its local economy by patronizing local businesses so
that everyone can continue to enjoy the amenities offered by the City now
and in the future. Remember to Shop Diamond Bar!
C/Tanaka attended Concerts in the Park and Movies under the Stars
during the past two weeks and as a reminder to the public, tomorrow's
event will be the last in the series. The Diamond Bar Library held its
annual auction during the Children's Reading program. Last Thursday
was the end of the year activity for the Children's Summer Reading
program at Pantera Park. He attended a ribbon -cutting ceremony at the
University of Phoenix Student Learning Center and a second ribbon -
cutting ceremony at C&R Automotive. Last Monday and Tuesday he
attended Neighborhood Watch meetings. He and his wife Wanda also
attended the Eagle Scout Court of Honor for Cole Perez and the memorial
service for Shelly Fader.
M/Herrera said she thought tonight was a particularly exciting evening with
the Council taking action on the new city hall and library and she is looking
forward to it becoming a reality. This is something the City has been
working on for a number of months. Something everyone tends to believe
is simple turns out not to be and gets hung up in the details and
AUGUST 17, 2010 PAGE 15 CITY COUNCIL
complications. She felt the plans would turn out to be terrific. Most city
halls have Council Chambers but considering the economics and the
feasibility of using an adjacent facility that is already state of the art makes
more financial sense for the City not to build Council Chambers. It would
be lovely to have a big room like this but if the City planned for such a
room in the new city hall building the library would not fit. When it comes
down to it she believed the residents preferred to have an expanded
library facility. She believed the action was the right action and the correct
action and the action the residents preferred.
ADJOURNMENT: With no further business to conduct, M1Herrera
adjourned the Regular City Council meeting at 8:09 p.m. to September 21, 2010
in memory of resident and long-time community volunteer Shelley Fader.
TOMMYE rRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this 21 ;t day of sP�tPmhPr
2010.
- 01,4*�dLlj=
CAROL HERRERA, MAYOR